WE,
THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to
all its citizens: JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;
IN
OUR CONSTITUENT ASSEMBLY this twenty sixth day of November 1949 , do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION
PART I THE UNION AND ITS TERRITORY
1. Name and territory of the Union
(1) India, that is Bharat, shall be a Union of States
(2) The States and the territories thereof shall be as specified in the First Schedule
(3) The territory of India shall comprise
1.
The territories of the States; the Union territories specified in the
First Schedule; and such other territories as may be acquired
2.
Admission or establishment of new States: Parliament may by law admit
into the Union, or establish, new States on such terms and conditions,
as it thinks fit
2A. Sikkim to be
associated with the Union Rep by the Constitution Thirty six Amendment
Act, 1975 , Section 5 (w e f 26 04 1975 )
3. Formation of new States and alteration of areas, boundaries or names of existing States: Parliament may by law
(a)
form a new State by separation of territory from any State or by
uniting two or more States or parts of States or by uniting any
territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e)
alter the name of any State; Provided that no Bill for the purpose
shall be introduced in either House of Parliament except on the
recommendation of the President and unless, where the proposal contained
in the Bill affects the area, boundaries or name of any of the States,
the Bill has been referred by the President to the Legislature of that
State for expressing its views thereon within such period as may be
specified in the reference or within such further period as the
President may allow and the period so specified or allowed has expired
Explanation I In this article, in clauses (a) to (e), State includes a
Union territory, but in the proviso, State does not include a Union
territory Explanation II The power conferred on Parliament by clause (a)
includes the power to form a new State or Union territory by uniting a
part of any State or Union territory to any other State or Union
territory
4. Laws made under
Articles 2 and 3 to provide for the amendment of the First and the
Fourth Schedules and supplemental, incidental and consequential matters
(1)
Any law referred to in Article 2 or Article 3 shall contain such
provisions for the amendment of the First Schedule and the Fourth
Schedule as may be necessary to give effect to the provisions of the law
and may also contain such supplemental, incidental and consequential
provisions (including provisions as to representation in Parliament and
in the Legislature or Legislatures of the State or States affected by
such law) as Parliament may deem necessary
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368
PART II CITIZENSHIP
PART II CITIZENSHIP
5.
Citizenship at the commencement of the Constitution At the commencement
of this Constitution every person who has his domicile in the territory
of India and
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c)
who has been ordinarily resident in the territory of India for not less
than five years preceding such commencement, shall be a citizen of
India
6. Rights of citizenship of
certain persons who have migrated to India from Pakistan
Notwithstanding anything in Article 5, a person who has migrated to the
territory of India from the territory now included in Pakistan shall be
deemed to be a citizen of India at the commencement of this Constitution
if
(a) he or either of his
parents or any of his grand parents was born in India as defined in the
Government of India Act, 1935 (as originally enacted); and
(b)
(i)
in the case where such person has so migrated before the nineteenth day
of July, 1948 , he has been ordinarily resident in the territory of
India since the date of his migration, or
(ii)
in the case where such person has so migrated on or after the
nineteenth day of July, 1948 , he has been registered as a citizen of
India by an officer appointed in that behalf by the Government of the
Dominion of India on an application made by him therefor to such officer
before the commencement of this Constitution in the form and manner
prescribed by that Government: Provided that no person shall be so
registered unless he has been resident in the territory of India or at
least six months immediately preceding the date of his application
7.
Rights of citizenship of certain migrants to Pakistan Notwithstanding
anything in Articles 5 and 6, a person who has after the first day of
March, 1947 , migrated from the territory of India to the territory now
included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after
having so migrated to the territory now included in Pakistan, has
returned to the territory of India under a permit for resettlement or
permanent return issued by or under the authority of any law and every
such person shall for the purposes of clause (b) of Article 6 be deemed
to have migrated to the territory of India after the nineteenth day of
July, 1948
8. Rights of
citizenship of certain persons of India origin residing outside India
Notwithstanding anything in Article 5, any person who or either of whose
parents or any of whose grand parents was born in India as defined in
the Government of India Act, 1935 (as originally enacted), and who is
ordinarily residing in any country outside India as so defined shall be
deemed to be a citizen of India if he has been registered as a citizen
of India by the diplomatic or consular representative of India in the
country where he is for the time being residing on an application made
by him therefor to such diplomatic or consular representative, whether
before or after the commencement of this Constitution, in the form and
manner prescribed by the Government of the Dominion of India or the
Government of India
9. Person
voluntarily acquiring citizenship of a foreign State not to be citizens
No person shall be a citizen of India by virtue of Article 5, or be
deemed to be a citizen of India by virtue of Article 6 or Article 8, if
he has voluntarily acquired the citizenship of any foreign State
10.
Continuance of the rights of citizenship Every person who is or is
deemed to be a citizen of India under any of the foregoing provisions of
this Part shall, subject to the provisions of any law that may be made
by Parliament, continue to be such citizen
11.
Parliament to regulate the right of citizenship by law Nothing in the
foregoing provisions of this Part shall derogate from the power of
Parliament to make any provision with respect to the acquisition and
termination of citizenship and all other matters relating to citizenship
PART III FUNDAMENTAL RIGHTS General
PART III FUNDAMENTAL RIGHTS General
12.
Definition In this part, unless the context otherwise requires, the
State includes the Government and Parliament of India and the Government
and the Legislature of each of the States and all local or other
authorities within the territory of India or under the control of the
Government of India
13. Laws inconsistent with or in derogation of the fundamental rights
(1)
All laws in force in the territory of India immediately before the
commencement of this Constitution, in so far as they are inconsistent
with the provisions of this Part, shall, to the extent of such
inconsistency, be void
(2) The
State shall not make any law which takes away or abridges the rights
conferred by this Part and any law made in contravention of this clause
shall, to the extent of the contravention, be void
(3)
In this article, unless the context otherwise requires law includes any
Ordinance, order, bye law, rule, regulation, notification, custom or
usages having in the territory of India the force of law; laws in force
includes laws passed or made by Legislature or other competent authority
in the territory of India before the commencement of this Constitution
and not previously repealed, notwithstanding that any such law or any
part thereof may not be then in operation either at all or in particular
areas
(4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368 Right of Equality
14.
Equality before law The State shall not deny to any person equality
before the law or the equal protection of the laws within the territory
of India Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1)
The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them
(2)
No citizen shall, on grounds only of religion, race, caste, sex, place
of birth or any of them, be subject to any disability, liability,
restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b)
the use of wells, tanks, bathing ghats, roads and places of public
resort maintained wholly or partly out of State funds or dedicated to
the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
(4)
Nothing in this article or in clause ( 2 ) of Article 29 shall prevent
the State from making any special provision for the advancement of any
socially and educationally backward classes of citizens or for the
Scheduled Castes and the Scheduled Tribes
16. Equality of opportunity in matters of public employment
(1)
There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the State
(2)
No citizen shall, on grounds only of religion, race, caste, sex,
descent, place of birth, residence or any of them, be ineligible for, or
discriminated against in respect or, any employment or office under the
State
(3) Nothing in this
article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office
under the Government of, or any local or other authority within, a State
or Union territory, any requirement as to residence within that State
or Union territory prior to such employment or appointment
(4)
Nothing in this article shall prevent the State from making any
provision for the reservation of appointments or posts in favor of any
backward class of citizens which, in the opinion of the State, is not
adequately represented in the services under the State
(5)
Nothing in this article shall affect the operation of any law which
provides that the incumbent of an office in connection with the affairs
of any religious or denominational institution or any member of the
governing body thereof shall be a person professing a particular
religion or belonging to a particular denomination
17.
Abolition of Untouchability Untouchability is abolished and its
practice in any form is forbidden The enforcement of any disability
arising out of Untouchability shall be an offence punishable in
accordance with law
18. Abolition
of titles No title, not being a military or academic distinction, shall
be conferred by the State No citizen of India shall accept any title
from any foreign State No person who is not a citizen of India shall,
while he holds any office of profit or trust under the State, accept
without the consent of the President any title from any foreign State No
person holding any office of profit or trust under the State shall,
without the consent of the President, accept any present, emolument, or
office of any kind from or under any foreign State Right to Freedom
19. Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practise any profession, or to carry on any occupation, trade or business
(2)
Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of
any existing law, or prevent the State from making any law, in so far
as such law imposes reasonable restrictions on the exercise of the right
conferred by the said sub clause in the interests of the sovereignty
and integrity of India, the security of the State, friendly relations
with foreign States, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence
(3)
Nothing in sub clause (b) of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from
making any law imposing, in the interests of the sovereignty and
integrity of India or public order, reasonable restrictions on the
exercise of the right conferred by the said sub clause
(4)
Nothing in sub clause (c) of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from
making any law imposing, in the interests of the sovereignty and
integrity of India or public order or morality, reasonable restrictions
on the exercise of the right conferred by the said sub clause
(5)
Nothing in sub clauses (d) and (e) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent the
State from making any law imposing, reasonable restrictions on the
exercise of any of the rights conferred by the said sub clauses either
in the interests of the general public or for the protection of the
interests of any Scheduled Tribe
(6)
Nothing in sub clause (g) of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from
making any law imposing, in the interests of the general public,
reasonable restrictions on the exercise of the right conferred by the
said sub clause, and, in particular, nothing in the said sub clause
shall affect the operation of any existing law in so far as it relates
to, or prevent the State from making any law relating to,
(i)
the professional or technical qualifications necessary for practising
any profession or carrying on any occupation, trade or business, or
(ii)
the carrying on by the State, or by a corporation owned or controlled
by the State, of any trade, business, industry or service, whether to
the exclusion, complete or partial, of citizens or otherwise
20. Protection in respect of conviction for offences
(1)
No person shall be convicted of any offence except for violation of the
law in force at the time of the commission of the act charged as an
offence, nor be subjected to a penalty greater than that which might
have been inflicted under the law in force at the time of the commission
of the offence
(2) No person shall be prosecuted and punished for the same offence more than once
(3) No person accused of any offence shall be compelled to be a witness against himself
21.
Protection of life and personal liberty No person shall be deprived of
his life or personal liberty except according to procedure established
by law
22. Protection against arrest and detention in certain cases
(1)
No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest nor shall he
be denied the right to consult, and to be defended by, a legal
practitioner of his choice
(2)
Every person who is arrested and detained in custody shall be produced
before the nearest magistrate within a period of twenty four hours of
such arrest excluding the time necessary for the journey from the place
of arrest to the court of the magistrate and no such person shall be
detained in custody beyond the said period without the authority of a
magistrate
(3) Nothing in clauses
( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is
an enemy alien; or (b) to any person who is arrested or detained under
any law providing for preventive detention
(4)
No law providing for preventive detention shall authorise the detention
of a person for a longer period than three months unless (a) an
Advisory Board consisting of persons who are, or have been, or are
qualified to be appointed as, Judges of a High Court has reported before
the expiration of the said period of three months that there is in its
opinion sufficient cause for such detention:
(5)
When any person is detained in pursuance of an order made under any law
providing for preventive detention, the authority making the order
shall, as soon as may be, communicate to such person the grounds on
which the order has been made and shall afford him the earliest
opportunity of making a representation against the order
(6)
Nothing in clause ( 5 ) shall require the authority making any such
order as is referred to in that clause to disclose facts which such
authority considers to be against the public interest to disclose
(7) Parliament may by law prescribe
(a)
the circumstances under which, and the class or classes of cases in
which, a person may be detained for a period longer than three months
under any law providing for preventive detention without obtaining the
opinion of an Advisory Board in accordance with the provisions of sub
clause (a) of clause ( 4 );
(b)
the maximum period for which any person may in any class or classes of
cases be detained under any law providing for preventive detention; and
(c)
the procedure to be followed by an Advisory Board in an inquiry under
sub clause (a) of clause ( 4 ) Right against Exploitation
23. Prohibition of traffic in human beings and forced labour
(1)
Traffic in human beings and begar and other similar forms of forced
labour are prohibited and any contravention of this provision shall be
an offence punishable in accordance with law
(2)
Nothing in this article shall prevent the State from imposing
compulsory service for public purpose, and in imposing such service the
State shall not make any discrimination on grounds only of religion,
race, caste or class or any of them
24.
Prohibition of employment of children in factories, etc No child below
the age of fourteen years shall be employed to work in any factory or
mine or engaged in any other hazardous employment Provided that nothing
in this sub clause shall authorise the detention of any person beyond
the maximum period prescribed by any law made by Parliament under sub
clause (b) of clause ( 7 ); or such person is detained in accordance
with the provisions of any law made by Parliament under sub clauses (a)
and (b) of clause ( 7 )
25. Freedom of conscience and free profession, practice and propagation of religion
(1)
Subject to public order, morality and health and to the other
provisions of this Part, all persons are equally entitled to freedom of
conscience and the right freely to profess, practise and propagate
religion
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
(a)
regulating or restricting any economic, financial, political or other
secular activity which may be associated with religious practice;
(b)
providing for social welfare and reform or the throwing open of Hindu
religious institutions of a public character to all classes and sections
of Hindus Explanation I The wearing and carrying of kirpans shall be
deemed to be included in the profession of the Sikh religion Explanation
II In sub clause (b) of clause reference to Hindus shall be construed
as including a reference to persons professing the Sikh, Jaina or
Buddhist religion, and the reference to Hindu religious institutions
shall be construed accordingly
26.
Freedom to manage religious affairs Subject to public order, morality
and health, every religious denomination or any section thereof shall
have the right
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law
27.
Freedom as to payment of taxes for promotion of any particular religion
No person shall be compelled to pay any taxes, the proceeds of which
are specifically appropriated in payment of expenses for the promotion
or maintenance of any particular religion or religions denomination
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions
(1) No religion instruction shall be provided in any educational institution wholly maintained out of State funds
(2)
Nothing in clause ( 1 ) shall apply to an educational institution which
is administered by the State but has been established under any
endowment or trust which requires that religious instruction shall be
imparted in such institution
(3)
No person attending any educational institution recognised by the State
or receiving aid out of State funds shall be required to take part in
any religious instruction that may be imparted in such institution or to
attend any religious worship that may be conducted in such institution
or in any premises attached thereto unless such person or, if such
person is a minor, his guardian has given his consent thereto Cultural
and Educational Rights
29. Protection of interests of minorities
(1)
Any section of the citizens residing in the territory of India or any
part thereof having a distinct language, script or culture of its own
shall have the right to conserve the same
(2)
No citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds
only of religion, race, caste, language or any of them
30. Right of minorities to establish and administer educational institutions
(1)
All minorities, whether based on religion or language, shall have the
right to establish and administer educational institutions of their
choice
(1A) In making any law
providing for the compulsory acquisition of any property of an
educational institution established and administered by a minority,
referred to in clause ( 1 ), the State shall ensure that the amount
fixed by or determined under such law for the acquisition of such
property is such as would not restrict or abrogate the right guaranteed
under that clause
(2) The state
shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the
management of a minority, whether based on religion or language
31A.
Saving of laws providing for acquisition of estates, etc ( 1 )
Notwithstanding anything contained in Article 13, no law providing for
(a)
the acquisition by the State of any estate or of any rights therein or
the extinguishment or modification of any such rights, or
(b)
the taking over of the management of any property by the State for a
limited period either in the public interest or in order to secure the
proper management of the property, or
(c)
the amalgamation of two or more corporations either in the public
interest or in order to secure the proper management of any of the
corporations, or
(d) the
extinguishment or modification of any rights of managing agents,
secretaries and treasurers, managing directors, directors or managers of
corporations, or of any voting rights of shareholders thereof, or
(e)
the extinguishment or modification of any rights accruing by virtue of
any agreement, lease or licence for the purpose of searching for, or
winning, any mineral or mineral oil, or the premature termination or
cancellation of any such agreement, lease or licence, shall be deemed to
be void on the ground that it is inconsistent with, or takes away or
abridges any of the rights conferred by Article 14 or Article 19:
Provided that where such law is a law made by the Legislature of a
State, the provisions of this article shall not apply thereto unless
such law, having been reserved for the consideration of the President,
has received his assent: Provided further that where any law makes any
provision for the acquisition by the State of any estate and where any
land comprised therein is held by a person under his personal
cultivation, it shall not be lawful for the State to acquire any portion
of such land as is within the ceiling limit applicable to him under any
law for the time being in force or any building or structure standing
thereon or appurtenant thereto, unless the law relating to the
acquisition of such land, building or structure, provides for payment of
compensation at a rate which shall not be less than the market value
thereof
31B. Validation of
certain Acts and Regulations Without prejudice to the generality of the
provisions contained in Article 31A, none of the Acts and Regulations
specified in the Ninth Schedule nor any of the provisions thereof shall
be deemed to be void, or ever to have become void, on the ground that
such Act, Regulation or provision is inconsistent with, or takes away or
abridges any of the rights conferred by, any provisions of this Part,
and notwithstanding any judgment, decree or order of any court or
tribunal to the contrary, each of the said Acts and Regulations shall,
subject to the power of any competent Legislature to repeal or amend it,
continue in force
31C. Saving of
laws giving effect to certain directive principles Notwithstanding
anything contained in Article 13, no law giving effect to the policy of
the State towards securing all or any of the principles laid down in
Part IV shall be deemed to be void on the ground that it is inconsistent
with, or takes away or abridges any of the rights conferred by Article
14 or Article 19 and no law containing a declaration that it is for
giving effect to such policy shall be called in question in any court on
the ground that it does not give effect to such policy: Provided that
where such law is made by the Legislature of a State, the provisions of
this Article shall not apply thereto unless such law, having been
reserved for the consideration of the President, has received his assent
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part
(1)
The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed
(2)
The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be appropriate,
for the enforcement of any of the rights conferred by this Part
(3)
Without prejudice to the powers conferred on the Supreme Court by
clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the
powers exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution
33.
Power of Parliament to modify the rights conferred by this Part in
their application etc Parliament may, by law, determine to what extent
any of the rights conferred by this Part shall, in their application to,
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public order; or
(c)
persons employed in any bureau or other organisation established by the
State for purposes of intelligence or counter intelligence; or
(d)
persons employed in, or in connection with, the telecommunication
systems set up for the purposes of any Force, bureau or organisation
referred to in clauses (a) to (c), be restricted or abrogated so as to
ensure the proper discharge of their duties and the maintenance of
discipline among them
34.
Restriction on rights conferred by this Part while martial law is in
force in any area Notwithstanding anything in the foregoing provisions
of this Part, Parliament may by law indemnify any person in the service
of the Union or of a State or any other person in respect of any act
done by him in connection with the maintenance or restoration of order
in any area within the territory of India where martial law was in force
or validate any sentence passed, punishment inflicted, forfeiture
ordered or other act done under martial law in such area
35. Legislation to give effect to the provisions of this Part Notwithstanding anything in this Constitution,
(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws
(i)
with respect to any of the matters which under clause ( 3 ) of Article
16, clause ( 3 ) of Article 32, Article 33 and Article 34 may be
provided for by law made by Parliament; and
(ii)
for prescribing punishment for those acts which are declared to be
offences under this Part; and Parliament shall, as soon as may be after
the commencement of this Constitution, make laws for prescribing
punishment for the acts referred to in sub clause (ii);
(b)
any law in force immediately before the commencement of this
Constitution in the territory of India with respect to any of the
matters referred to in sub clause (i) of clause (a) or providing for
punishment for any act referred to in sub clause (ii) of that clause
shall, subject to the terms there of and to any adaptations and
modifications that may be made therein under Article 372, continue in
force until altered or repealed or amended by Parliament Explanation In
this article, the expression law in force has the same meaning as in
Article 372
PART IV DIRECTIVE PRINCIPLES OF STATE POLICY
PART IV DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition In this Part, unless the context otherwise requires, the State has the same meaning as in Part III
37.
Application of the principles contained in this Part The provisions
contained in this Part shall not be enforceable by any court, but the
principles therein laid down are nevertheless fundamental in the
governance of the country and it shall be the duty of the State to apply
these principles in making laws
38. State to secure a social order for the promotion of welfare of the people
(1)
The State shall strive to promote the welfare of the people by securing
and protecting as effectively as it may a social order in which
justice, social, economic and political, shall inform all the
institutions of the national life
(2)
The State shall, in particular, strive to minimize the inequalities in
income, and endeavor to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of
people residing in different areas or engaged in different vocations
39. Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing
(a) that the citizens, men and women equally, have the right to an adequate means to livelihood;
(b)
that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;
(c)
that the operation of the economic system does not result in the
concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e)
that the health and strength of workers, men and women, and the tender
age of children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or
strength;
(f) that children are
given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material
abandonment
39. A Equal justice
and free legal aid The State shall secure that the operation of the
legal system promotes justice, on a basis of equal opportunity, and
shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other
disabilities
40. Organisation of
village panchayats The State shall take steps to organize village
panchayats and endow them with such powers and authority as may be
necessary to enable them to function as units of self government
41.
Right to work, to education and to public assistance in certain cases
The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to work, to
education and to public assistance in cases of unemployment, old age,
sickness and disablement, and in other cases of undeserved want
42.
Provision for just and humane conditions of work and maternity relief
The State shall make provision for securing just and humane conditions
of work and for maternity relief
43.
Living wage, etc, for workers The State shall endeavour to secure, by
suitable legislation or economic organisation or in any other way, to
all workers, agricultural, industrial or otherwise, work, a living wage,
conditions of work ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities and, in
particular, the State shall endeavour to promote cottage industries on
an individual or co operative basis in rural areas
43.
A Participation of workers in management of industries The State shall
take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertakings,
establishments or other organisations engaged in any industry
44.
Uniform civil code for the citizens The State shall endeavour to secure
for the citizens a uniform civil code throughout the territory of India
45.
Provision for free and compulsory education for children The State
shall endeavour to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education for
all children until they complete the age of fourteen years
46.
Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections The State shall promote with
special care the educational and economic interests of the weaker
sections of the people, and, in particular, of the Scheduled Castes and
the Scheduled Tribes, and shall protect them from social injustice and
all forms of exploitation
47.
Duty of the State to raise the level of nutrition and the standard of
living and to improve public health The State shall regard the raising
of the level of nutrition and the standard of living of its people and
the improvement of public health as among its primary duties and, in
particular, the State shall endeavour to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and of
drugs which are injurious to health
48.
Organisation of agriculture and animal husbandry The State shall
endeavour to organise agriculture and animal husbandry on modern and
scientific lines and shall, in particular, take steps for preserving and
improving the breeds, and prohibiting the slaughter, of cows and calves
and other milch and draught cattle
48A.
Protection and improvement of environment and safeguarding of forests
and wild life The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country
49.
Protection of monuments and places and objects of national importance
It shall be the obligation of the State to protect every monument or
place or object of artistic or historic interests, declared by or under
law made by Parliament to be of national importance, from spoliation,
disfigurement, destruction, removal, disposal or export, as the case may
be
50. Separation of judiciary
from executive The State shall take steps to separate the judiciary from
the executive in the public services of the State
51. Promotion of international peace and security The State shall endeavour to
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c)
foster respect for international law and treaty obligations in the
dealings of organised peoples with one another; and encourage settlement
of international disputes by arbitration
PART IVA FUNDAMENTAL DUTIES
PART IVA FUNDAMENTAL DUTIES
51A.
Fundamental duties It shall be the duty of every citizen of India (a)
to abide by the Constitution and respect its ideals and institutions,
the national Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e)
to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or
sectional diversities; to renounce practices derogatory to the dignity
of women;
(f) to value and preserve the rich heritage of our composite culture;
(g)
to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living
creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j)
to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher levels
of endeavour and achievement
PART V THE UNION CHAPTER I THE EXECUTIVE The President and Vice President
PART V THE UNION CHAPTER I THE EXECUTIVE The President and Vice President
52. The President of India There shall be a President of India
53. Executive power of the Union
(1)
The executive power of the Union shall be vested in the President and
shall be exercised by him either directly or through officers
subordinate to him in accordance with this Constitution
(2)
Without prejudice to the generality of the foregoing provision, the
supreme command of the Defence Forces of the Union shall be vested in
the President and the exercise thereof shall be regulated by law
(3) Nothing in this article shall
(a)
be deemed to transfer to the President any functions conferred by any
existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other than the President
54.
Election of President The President shall be elected by the members of
an electoral college consisting of the elected members of both Houses of
Parliament; and the elected members of the Legislative Assemblies of
the States
55. Manner of election of President
(1)
As far as practicable, there shall be uniformity in the scale of
representation of the d different States at the election of the
President
(2) For the purpose of
securing such uniformity among the States inter se as well as parity b
between the States as a whole and the Union, the number of votes which
each elected member of Parliament and of the Legislative Assembly of
each State is entitled to cast at such election shall be determined in
the following manner:
(a) every
elected member of the Legislative Assembly of a State shall have as many
votes as there are multiples of one thousand in the quotient obtained
by dividing the population of the State by the total number of the
elected members of the Assembly;
(b)
if, after taking the said multiples of one thousand, the remainder is
not less than five hundred, then the vote of each member referred to in
sub clause (a) shall be further increased by one;
(c)
each elected member of either House of Parliament shall have such
number of votes as may be obtained by dividing the total number of votes
assigned to the members of the Legislative Assemblies of the States
under sub clause (a) and (b) by the total number of the elected members
of both Houses of Parliament, fractions exceeding one half being counted
as one and other fractions being disregarded
(3)
The election of the President shall be held in accordance with the
system of proportional representation by means of the single
transferable vote and the voting at such election shall be by secret
ballot Explanation n this article, the expression population means the
population ascertained at the last preceding census of which the
relevant figures have been published: Provided that the reference in
this Explanation to the last preceding census of which the relevant
figures have been published shall, until the relevant figures for the
first census taken after the year 2000 have been published, be construed
as a reference to the 1971 census
56. Term of office of President
(1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that
(a) the President may, by writing under his hand addressed to the Vice President, resign his office;
(b)
the President may, for violation of the constitution, be removed from
office by impeachment in the manner provided in Article 61:
(c)
the President shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office
(2)
Any resignation addressed to the Vice President under clause (a) of the
proviso to clause ( 1 ) shall forthwith be communicated by him to the
Speaker of the House of the People
57.
Eligibility for re election A person who holds, or who has held, office
as President shall, subject to the other provisions of this
Constitution, be eligible for re election to that office
58. Qualifications for election as President
(1) No person shall be eligible for election as President unless he
(a) is a citizen of India,
(b) has completed the age of thirty five years, and
(c) is qualified for election as a member of the House of the People
(2)
A person shall not be eligible for election as President if he holds
any office of profit under the or the Government of any State or under
any local or other authority subject to the control of any of the said
Governments Explanation For the purposes of this article, a person shall
not be deemed to hold any office of profit by reason only that he is
the President or Vice President of the Union or the Governor of any
State or is a Minister either for the Union or for any State
59. Conditions of Presidents office
(1)
The President shall not be a member of either House of Parliament or of
a House of the Legislature of any State, and if a member of either
House of Parliament or of a House of the Legislature of any State be
elected President, he shall be deemed to have vacated his seat in that
House on the date on which he enters upon his office as President
(2) The President shall not hold any other office of profit
(3)
The President shall be entitled without payment of rent to the use of
his official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law and,
until provision in that behalf is so made, such emoluments, allowances
and privileges as are specified in the Second Schedule
(4) The emoluments and allowances of the President shall ot be diminished during his term of office
60.
Oath or affirmation by the President Every President and every person
acting as President or discharging the functions of the President shall,
before entering upon his office, make and subscribe in the presence of
the Chief Justice of India or, in his absence, the senior most Judge of
the Supreme Court available, an oath or affirmation in the following
form, that is to say swear in the name of God I, A B, do that I olemnly
affirm will faithfully execute the office of President (or discharge the
functions of thePresident) of India and will do the best of my ability
preserve, protect and defend the Constitution and the law and that I
will devote myself to the service and well being of the people of India
61. Procedure for impeachment of the President
(1)
When a President is to be impeached for violation of the Constitution,
the charge shall be preferred by either House of Parliament
(2) No such charge shall be preferred unless
(a)
the proposal to prefer such charge is contained in a resolution which
has been moved after at least fourteen days notice in writing signed by
not less than one fourth of the total number of members of the House has
been given of their intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than two thirds of the total membership of the House
(3)
When a charge has been so preferred by either House of Parliament, the
other House shall investigate the charge or cause the charge to be
investigated and the President shall have the right to appear and to be
represented as such investigation
(4)
If as a result of the investigation a resolution is passed by a
majority of not less than two thirds of the total membership of the
House by which the charge was investigated or cause to be investigated,
declaring that the charge preferred against the President has been
sustained, such resolution shall have the effect of removing the
President from his office as from the date on which the resolution is so
passed
62. Time of holding
election to fill vacancy in the office of President and the term of
office of person elected to fill casual vacancy
(1)
An election to fill a vacancy caused by the expiration of the term of
office of President shall be completed before the expiration of the term
(2)
An election to fill a vacancy in the office of President occurring by
reason of his death, resignation or removal, or otherwise shall be held
as soon as possible after, and in no case later than six months from,
the date of occurrence of the vacancy, and the person elected to fill
the vacancy shall, subject to the provisions of Article 56, be entitled
to hold office for the full term of five years from the date on which he
enters upon his office
63. The Vice President of India There shall be a Vice President of India
64.
The Vice President to be ex officio Chairman of the council of States
The Vice President shall be ex officio chairman of the counsel of States
and shall not hold any other office of profit: Provided that during any
period when the Vice President acts as President or discharges the
functions of the President under Article 65, he shall not perform the
duties of the office of chairman of the council of States and shall not
be entitled to any salary or allowance payable to the chairman of the
council of States under Article 97
65.
The Vice President to act as President or to discharge his functions
during casual vacancies in the office, or during the absence, of
President
(1) In the event of the
occurrence of any vacancy in the office of the President by reason of
his death, resignation or removal, or otherwise, the Vice President
shall act as President until the date on which a new President elected
in accordance with the provisions of this Chapter to fill such vacancy
enters upon his office
(2) When
the President is unable to discharge his functions owing to absence,
illness or any other cause, the Vice President shall discharge his
functions until the date on which the President resumes his duties
(3)
The Vice President shall, during, and in respect of, the period while
he is so acting as, or discharging the functions of, President, have all
the powers and immunities of the President and be entitled to such
emoluments, allowances and privileges as may be determined by Parliament
by law and, until provision in that behalf is so made, such emoluments,
allowances and privileges as are specified in the Second Schedule
66. Election of Vice President
(1)
The Vice President shall be elected by the members of an electoral
college consisting of the members of both Houses of Parliament in
accordance with the system of proportional representation by means of
the single transferable vote and the voting at such election shall be by
secret ballot
(2) The Vice
President shall not be a member of either House of Parliament or of a
House of the Legislature of any State, and if a member of either House
of Parliament or of a House of the Legislature of any State be elected
Vice President, he shall be deemed to have vacated his seat in that
House on the date on which he enters upon his office as Vice President
(3) No person shall be eligible for election as Vice President unless he
(a) is a citizen of India;
(b) has completed the age of thirty five years;
(c) is qualified for election as a member of the Council of States
(4)
A person shall not be eligible for election as Vice President if he
holds any office of profit under the Government of India or the
Government of any State or under any local or other authority subject to
the control of any of the said Governments Explanation For the purposes
of this article, a person shall not be deemed to hold any office of
profit by reason only that he is the President or Vice President of the
Union or the Governor of any State or is a Minister either for the Union
or for any State
67. Term of
office of Vice President The Vice President shall hold office for a term
of five years from the date on which he enters upon his office:
Provided that
(a) a Vice President may, by writing under his hand addressed to the President, resign his office;
(b)
a Vice President may be removed from his office by a resolution of the
council of States passed by a majority of all the then members of the
council and agreed to by the House of the People; but no resolution for
the purpose of this clause shall be moved unless at least fourteen days
notice has been given of the intention to move the reso
(c)
a Vice President shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office
68.
Time of holding election to fill vacancy in the office of Vice
President and the term of office of person elected to fill casual
vacancy
(1) An election to fill a
vacancy caused by the expiration of the term of office of Vice
President shall be completed before the expiration of the term
(2)
An election to fill a vacancy in the office of Vice President occurring
by reason of his death, resignation or removal, or otherwise shall be
held as soon as possible after the occurrence of the vacancy, and the
person elected to fill the vacancy shall, subject to the provisions of
Article 67, be entitled to hold office for the full term of five years
from the date on which he enters upon his office
69.
Oath or affirmation by the Vice President Every Vice President shall,
before entering upon his office, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
affirmation in the following form, that is to say swear in the name of
God I, A B, do that solemnly affirm will bear true faith, and allegiance
to the Constitution of India as by law established and that I will
faithfully discharge the duty upon which I am about to enter
70.
Discharge of Presidents functions in other contingencies Parliament may
make such provision as if thinks fit for the discharge of the functions
of the President in any contingency not provided for in this Chapter
71. Matters relating to, or connected with, the election of a president or Vice President
(1)
All doubts and disputes arising out of or in connection with the
election of a president or vice President shall be inquired into and
decided by the Supreme court whose decision shall be final
(2)
If the election of a person as President or Vice President is declared
void by the Supreme court, acts done by him in the exercise and
performance of the powers and duties of the office of President or Vice
President, as the case may be, on or before the date of the decision of
the Supreme Court shall not be invalidated by reason of that declaration
(3)
Subject to the provisions of this constitution, Parliament may by law
regulate any matter relating to or connected with the election of a
President or Vice President
(4)
The election of a person as President or Vice President shall not be
called in question on the ground of the existence of any vacancy for
whatever reason among the members of the electoral college electing him
72. Power of President to grant pardons, etc, and to suspend, remit or commute sentences in certain cases
(1)
The President shall have the power to grant pardons, reprieves,
respites or remissions of punishment or to suspend, remit or commute the
sentence of any person convicted of any offence
(a) in all cases where the punishment or sentence is by a court Martial;
(b)
in all cases where the punishment or sentence is for an offence against
any law relating to a matter to which the executive power of the Union
extends;
(c) in all cases where the sentence is a sentence of death
(2)
Noting in sub clause (a) of Clause ( 1 ) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the
Governor of a State under any law for the time being in force
73. Extent of executive power of the Union
(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend
(a) to the matters with respect to which Parliament has power to make laws; and
(b)
to the exercise of such rights, authority and jurisdiction as are
exercisable by the government of India by virtue of any treaty on
agreement: Provided that the executive power referred to in sub clause
(a) shall not, save as expressly provided in this constitution or in any
law made by Parliament, extend in any State to matters with respect in
which the Legislature of the State has also power to make laws
(2)
Until otherwise provided by Parliament, a State and any officer or
authority of a State may, notwithstanding anything in this article,
continue to exercise in matters with respect to which Parliament has
power to make laws for that State such executive power or functions as
the State or officer or authority thereof could exercise immediately
before the commencement of this Constitution Council of Ministers
74. Council of Ministers to aid and advise President
(1)
There shall be a Council of Ministers with the Prime Minister at the
head to aid and advise the President who shall, in the exercise of his
functions, act in accordance with such advice: Provided that the
President may require the council of Ministers to reconsider such
advice, either generally or otherwise, and the President shall act in
accordance with the advice tendered after such reconsideration
(2)
The question whether any, and if so what, advice was tendered by
Ministers to the President shall not be inquired into in any court
75. Other provisions as to Ministers
(1)
The Prime Minister shall be appointed by the President and the other
Ministers shall be appointed by the President on the advice of the Prime
Minister
(2) The Minister shall hold office during the pleasure of the President
(3) The Council of Ministers shall be collectively responsible to the House of the People
(4)
Before a Minister enters upon his office, the President shall
administer to him the oaths of office and of secrecy according to the
forms set out for the purpose in the Third Schedule
(5)
A Minister who for any period of six consecutive months is not a member
of either House of Parliament shall at the expiration of that period
cease to be a Minister
(6) The
salaries and allowances of Ministers shall be such as Parliament may
from time to time by law determine and, until Parliament so determines,
shall be as specified in the Second Schedule The Attorney General for
India
76. Attorney General for India
(1)
The President shall appoint a person who is qualified to be appointed a
Judge of the Supreme Court to be Attorney General for India
(2)
it shall be the duty of the Attorney General to give advice to the
Government of India upon such legal matters, and to perform such other
duties of a legal character, as may from time to time be referred or
assigned to him by the President, and to discharge the functions
conferred on him by or under this Constitution or any other law for the
time being in force
(3) In the performance of his duties the Attorney General shall have right of audience in all courts in the territory of India
(4)
The Attorney General shall hold office during the pleasure of the
President, and shall receive such remuneration as the President may
determine Conduct of Government Business
77. Conduct of business of the Government of India
(1) All executive action of the Government of India shall be expressed to be taken in the name of the President
(2)
Orders and other instruments made and executed in the name of the
President shall be authenticated in such manner as may be specified in
rules to be made by the President, and the validity of an order or
instrument which is so authenticated shall nor be called in question on
the ground that it is not an order or instrument made or executed by the
President
(3) The President
shall make rules for the more convenient transaction of the business of
the Government of India, and for the allocation among Ministers of the
said business
78. Duties of Prime
Minister as respects the furnishing of information to the President,
etc It shall be the duty of the Prime Minister
(a)
to communicate to the President all decisions of the council of
Ministers relating to the administration of the affairs of the union and
proposals for legislation;
(b)
to furnish such information relating to the administration of the
affairs of the Union and proposals for legislation as the President may
call for; and
(c) if the
President so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister
but which has not been considered by the Council CHAPTER II PARLIAMENT
General
79. Constitution of
Parliament There shall be a Parliament for the Union which shall consist
of the President and two Houses to be known respectively as the council
of States and the House of the People
80. Composition of the Council of States
(1) The Council of States shall consist of
(a) twelve members to be nominated by the President in accordance with the provisions of clause ( 3 ); and
(b) not more than two hundred and thirty eight representatives of the States and of the Union territories
(2)
The allocation of seats in the Council of States to be filled by
representatives of the States and of the Union territories shall be in
accordance with the provisions in that behalf contained in the fourth
Schedule
(3) The members to be
nominated by the President under sub clause (a) of clause ( 1 ) shall
consist of persons having special knowledge or practical experience in
respect of such matters as the following, namely: Literature, science,
art and social service
(4) The
representatives of each State in the council of States shall be elected
by the elected members of the Legislative Assembly of the State in
accordance with the system of proportional representation by means of
the single transferable vote
(5)
The representatives of the Union Territories in the council of States
shall be chosen in such manner as Parliament may by law prescribe
81. Composition of the House of the People
(1) Subject to the provisions of Article 331 the House of the People shall consist of
(a) not more than five hundred and thirty members chosen by direct election from territorial constituencies in the States, and
(b) not more than twenty members to represent the Union territories, chosen in such manner as parliament may by law provide
(2)
For the purposes of sub clause (a) of clause ( 1 ) (a) there shall be
allotted to each State a number of seats in the House of the People in
such manner that the ratio between that number and the population of the
State is, so far as practicable, the same for all States; and
(b)
each State shall be divided into territorial constituencies in such
manner that the ratio between the population of each constituency and th
number of seats allotted to it is, so far as practicable, the same
throughout the State: Provided that the provisions of sub clause (a) of
this clause shall not be applicable for the purpose of allotment of
seats in the House of the People to any State so long as the population
of that State does not exceed six millions
(3)
In this article, the expression population means the population as
ascertained at the last preceding census of which the relevant figures
have been published: Provided that the reference in this clause to the
last preceding census of which the relevant figures have been published
shall, until the relevant figures for the first census taken after the
year 2000 have been published, be construed as a reference to the 1971
census
82. Readjustment after
each census Upon the completion of each census, the allocation of seats
in the House of the People to the States and the division of each State
into territorial constituencies shall be readjusted by such authority
and in such manner as Parliament may by law determine: Provided that
such readjustment shall not affect representation in the House of the
People until the dissolution of the then existing House: Provided
further that such readjustment shall take effect from such date as
President may, by order, specify and until such readjustment takes
effect, any election to the House may be held on the basis of the
territorial constituencies existing before such readjustment: Provided
also that until the relevant figures for the first census taken after
the year 2000 have been published, it shall not be necessary to readjust
the allocation of seats in the House of the People to the States and
the division of each State into territorial constituencies under this
article
83. Duration of Houses of Parliament
(1)
The council of States shall not be subject to dissolution, but as
nearly as possible one third of the members thereof shall retire as soon
as may be on the expiration of every second year in accordance with the
provisions made in that behalf by Parliament by law
(2)
The House of the People, unless sooner dissolved, shall continue for
five years from the date appointed for its first meeting and no longer
and the expiration of the said period of five years shall operate as a
dissolution of the House: Provided that the said period may, while a
Proclamation of Emergency is in operation, be extended by Parliament by
law for a period not exceeding one year as a time and not extending in
any case beyond a period of six months after s the Proclamation has
ceased to operate
84.
Qualification for membership of Parliament A person shall not be
qualified to be chosen to fill a seat in Parliament unless he
(a)
is a citizen of India, and makes and subscribes before some person
authorised in that behalf by the Election Commission an oath or
affirmation according to the form set out for the purpose in the Third
Schedule;
(b) is, in the case of a
seat in the Council of States, not less than thirty years of age and,
in the case of a seat in the House of the People, not less than twenty
five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament
85. Sessions of Parliament, prorogation and dissolution
(1)
The President shall form time to time summon each House of Parliament
to meet at such time and place as he thinks fit, but six months shall
not intervene between its last sitting in one session and the date
appointed for its first sitting in the next session
(2) The President may from time to time
(a) prorogue the Houses or either House;
(b) dissolve the House of the People
86. Right of President to address and send messages to Houses
(1)
The President may address either House of Parliament or both Houses
assembled together, and for that purpose require the attendance of
members
(2) The President may
send messages to either House of Parliament, whether with respect to a
Bill then pending in Parliament or otherwise, and a House to which any
message is so sent shall with all convenient dispatch consider any
matter required by the message to be taken into consideration
87. Special address by the President
(1)
At the commencement of the first session after each general election to
the House of the People and at the commencement of the first session of
each year the President shall address both Houses of Parliament
assembled together and inform Parliament of the causes of its summons
(2)
Provision shall be made by rules regulating the procedure of either
House for the allotment of time for discussion of the matters referred
to in such address
88. Rights of
Ministers and Attorney General in respects Houses Every Minister and the
Attorney General of India shall have the right to speak in, and
otherwise to take part in the proceedings of either House, any joint
sitting of the Houses, and any committee of Parliament of which he may
be named a member, but shall not by virtue of this article be entitled
to vote Officers of Parliament
89. The Chairman and Deputy Chairman of the council of States
(1) The Vice President of India shall be ex officio Chairman of the Council of States
(2)
The council of States shall, as soon as may be, choose a member of the
council to be Deputy an thereof and, so often as the office of Deputy
Chairman becomes vacant, the council shall choose another member to be
Deputy chairman thereof
90.
Vacation and resignation of, and removal from, the office of Deputy
Chairman A member holding office as Deputy chairman of the Council of
States
(a) shall vacate his office if he cease to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
(c)
may be removed from his office by a resolution of the Council passed by
a majority of all the then members of the Council: Provided that no
resolution for the purpose of clause (c) shall be moved unless at least
fourteen days notice has been given of the intention to move the
resolution
91. Power of the Deputy chairman or other person to perform the duties of the office of, or to act as, Chairman
(1)
While the office of Chairman is vacant, or during any period when the
vice President is acting as, or discharging the functions of, President,
the duties of the office shall be performed by the Deputy chairman, or,
if the office of Deputy chairman is also vacant, by such member of the
council of States as the President may appoint for the purpose
(2)
During the absence of the chairman from any sitting of the council of
States the Deputy chairman, or, if he is also absent, such person as may
be determined by the rules of procedure of the council, or, if no such
person is present, such other person as may be determined by the
council, shall act as Chairman
92. The Chairman or the Deputy chairman not to preside while a resolution for his removal from office is under consideration
(1)
At any sitting of the Council of States, while any resolution for the
removal of the Vice President from his office is under consideration,
the Chairman, or while any resolution for the removal of the Deputy
Chairman from his office is under consideration, the Deputy Chairman,
shall not, though he is present, preside, and the provisions of clause (
2 ) of Article 91 shall apply in relation to every such sitting as they
apply in relation to a sitting from which the chairman, or, as the case
may be, the Deputy Chairman, is absent
(2)
The Chairman shall have the right to speak in, and otherwise to take
part in proceedings of, the Council of States while any resolution for
the removal of the Vice President from his office is under consideration
in the Council, but, notwithstanding anything in Article 100, shall not
be entitled to vote at all on such resolution or on any other matter
during such proceedings
93. The
Speaker and Deputy Speaker of the House of the People The House of the
People shall, as soon as may be, choose two members of the House to be
respectively Speaker and Deputy Speaker thereof and, so often as the
office of Speaker or Deputy Speaker becomes vacant, the House shall
choose another member to be Speaker or Deputy Speaker, as the case may
be
94. Vacation and resignation
of, and removal from, the offices of Speaker and Deputy Speaker A member
holding office as Speaker or Deputy Speaker of the House of the People
(a) shall vacate his office if he ceases to be a member of the House of the People;
(b)
may at any time, by writing under his hand addressed, if such member is
the Speaker, to the Deputy Speaker, and if such member is the Deputy
Speaker, to the Speaker, resign his office; and
(c)
may be removed from his office by a resolution of the House of the
People passed by a majority of all the then members of the House:
Provided that no resolution for the purpose of clause (c) shall be moved
unless at least fourteen days notice has been given of the intention to
move the resolution: Provided further that, whenever the House of the
People is dissolved, the Speaker shall not vacate his office until
immediately before the first meeting of the House of the People after
the dissolution
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
(1)
While the office of Speaker is vacant, the duties of the office shall
be performed by the Deputy Speaker or, if the office of Deputy Speaker
is also vacant, by such member of the House of the People as the
President may appoint for the purpose
(2)
During the absence of the Speaker from any sitting of the House of the
People the Deputy Speaker or, if he is also absent, such person as may
be determined by the rules of procedure of the House, or, if no such
person is present, such other person as may be determined by the House,
shall act as Speaker
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
(1)
At any sitting of the House of the People, while any resolution for the
removal of the Speaker from his office is under consideration, the
Speaker, or while any resolution for the removal of the Deputy Speaker
from his office is under consideration, the Deputy Speaker, shall not,
though he is present, preside, and the provisions of clause ( 2 ) of
Article 95 shall apply in relation to every such sitting as they apply
in relation to a sitting from which the Speaker, or, as the case may be,
the Deputy Speaker, is absent
(2)
The Speaker shall have the right to speak in, and otherwise to take
part in the proceedings of, the House of the People while any resolution
for his removal from office is under consideration in the House and
shall, notwithstanding anything in Article 100, be entitled to vote only
in the first instance on such resolution or on any other matter during
such proceedings but not in the case of an equality of votes
97.
Salaries and allowances of the Chairman and Deputy Chairman and the
Speaker and Deputy Speaker There shall be paid to the Chairman and the
Deputy Chairman of the council of States, and to the Speaker and the
Deputy Speaker of the House of the People, such salaries and allowances
as may be respectively fixed by Parliament by law and, until provision
in that behalf is so made, such salaries and allowances as are specified
in the Second Schedule
98. Secretariat of Parliament
(1)
Each House of Parliament shall have a separate secretariat staff:
Provided that nothing in this clause shall be construed as preventing
the creation of posts common to both Houses of Parliament
(2)
Parliament may by law regulate the recruitment, and the conditions of
service of persons appointed, to the secretarial staff of either House
of Parliament
(3) Until provision
is made by Parliament under clause ( 2 ), the President may, after
consultation with the Speaker of the House of the People or the chairman
of the council of States, as the case may be, make rules regulating the
recruitment, and the conditions of service of persons appointed, to the
secretarial staff of the House of the People or the council of States,
and any rules so made shall have effect subject to the provisions of any
law made under the said clause Conduct of Business
99.
Oath or affirmation by members Every member of either House of
Parliament shall, before taking his seat, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third
Schedule
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
(1)
Save as otherwise provided in this Constitution, all questions at any
sitting of either House or joint sitting of the Houses shall be
determined by a majority of votes of the members present and voting,
other than the Speaker or person acting as Chairman or Speaker The
Chairman or Speaker, or person acting as such, shall not vote in the
first instance, but shall have and exercise a casting vote in the case
of an equality of votes
(2)
Either House of Parliament shall have power to act notwithstanding any
vacancy in the membership thereof, and any proceedings in Parliament
shall be valid notwithstanding that it is discovered subsequently that
some person who was not entitled so to do sat or voted or otherwise took
part in the proceedings
(3)
Until Parliament by law otherwise provides, the quorum to constitute a
meeting of either House of Parliament shall be one tenth of the total
number of members of the House
(4)
If at any time during a meeting of a House there is no quorum, it shall
be the duty of the chairman or Speaker, or person acting as such,
either to adjourn the House or to suspend the meeting until there is a
quorum
101. Vacation of seats
(1)
No person shall be a member of both Houses of Parliament and provision
shall be made by Parliament by law for the vacation by a person who is
chosen a member of both Houses of his seat in one House or the other
(2)
No person shall be a member both of Parliament and of a House of the
Legislature of a State and if a person is chosen a member both of
Parliament and of a House of the Legislature of a State, then, at the
expiration of such period as may be specified in rules made by the
President, that persons seat in Parliament shall become vacant, unless
he has previously resigned his seat in the Legislature of the State
(3) If a member of either House of Parliament
(a) becomes subject to any of the disqualification s mentioned in clause ( 1 ) or clause ( 2 ) of Article 102, or
(b)
resigns his seat by writing under his hand addressed to the Chairman or
the Speaker, as the as may be, and his resignation is accepted by the
chairman or the Speaker, as the case may be, his seat shall thereupon
become vacant: Provided that in the case of any resignation referred to
in sub clause (b), if from information received or otherwise and after
making such inquiry as he thinks fit, the chairman or the Speaker, as
the case may be, is satisfied that such resignation is not voluntary or
genuine, he shall not accept such resignation
(4)
If for a period of sixty days a member of either House of Parliament is
without permission of the House absent from all meetings thereof, the
House may declare his seat vacant: Provided that in computing the said
period of sixty days no account shall be taken of any period during
which the House is prorogued or is adjourned for more than four
consecutive days
102. Disqualification s for membership
(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament
(a)
if he holds any office of profit under the Government of India or the
Government of any State, other than an office declared by Parliament by
law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d)
if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgement of
allegiance or adherence to a foreign State;
(e)
if he is so disqualified by or under any law made by Parliament
Explanation For the purposes of this clause a person shall not be deemed
to hold an office of profit under the Government of India or the
Government of any State by reason only that he is a Minister either for
the Union or for such State
(2) A
person shall be disqualified for being a member of either House of
Parliament if he is so disqualified under the Tenth Schedule
103. Decision on questions as to disqualifications of members
(1)
If any question arises as to whether a member of either House of
Parliament has become subject to any of the disqualifications mentioned
in clause ( 1 ) of Article 102, the question shall be referred for the
decision of the President and his decision shall be final
(2)
Before giving any decision on any such question, the President shall
obtain the opinion of the Election Commission and shall act according to
such opinion
104. Penalty for
sitting and voting before making oath or affirmation under Article 99 or
when not qualified or when disqualified If a person sits or votes as a
member of either House of Parliament before he has complied with the
requirements of Article 99, or when he knows that he is not qualified or
that he is disqualified for membership thereof, or that he is
prohibited from so doing by the provisions of any law made by
Parliament, he shall be liable in respect of each day on which he so
sits or votes to a penalty of five hundred rupees to be recovered as a
debt due to the Union Powers, Privileges and Immunities of Parliament
and its Members
105. Powers, privileges, etc of the Houses of Parliament and of the members and committees thereof
(1)
Subject to the provisions of this constitution and the rules and
standing orders regulating the procedure of Parliament, there shall be
freedom of speech in Parliament
(2)
No member of Parliament shall be liable to any proceedings in any court
in respect of anything said or any vote given by him in Parliament or
any committee thereof, and no person shall be so liable in respect of
the publication by or under the authority of either House of Parliament
of any report, paper, votes or proceedings
(3)
In other respects, the powers, privileges and immunities of each House
of Parliament, and of the members and the committees of each House,
shall be such as may from time to time be defined by Parliament by law,
and, until so defined shall be those of that House and of its members
and committees immediately before the coming into force of Section 15 of
the Constitution (Forty fourth Amendment) Act 1978
(4)
The provisions of clauses ( 1 ), ( 2 ) and ( 3 ) shall apply in
relation to persons who by virtue of this constitution have the right to
speak in, and otherwise to take part in the proceedings of, a House of
Parliament or any committee thereof as they apply in relation to members
of Parliament
106. Salaries and
allowances of members Members of either House of Parliament shall be
entitled to receive such salaries and allowances as may from time to
time be determined by Parliament by law and, until provision in that in
that respect is so made, allowances at such rates and upon such
conditions as were immediately before the commencement of this
Constitution applicable in the case of members of the Constituent
Assembly of the Dominion of India Legislative Procedure
107. Provisions as to introduction and passing of Bills
(1)
Subject to the provisions of Articles 109 and 117 with respect to Money
Bills and other financial Bills, a Bill may originate in either House
of Parliament
(2) Subject to the
provisions of Article 108 and 109, a Bill shall not be deemed to have
been passed by the Houses of Parliament unless it has been agreed to by
both Houses, either without amendment or with such amendments only as
are agreed by both Houses
(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses
(4)
A Bill pending in the Council of States which has not been passed by
the House of the People shall not lapse on a dissolution of the House of
the People
(5) A Bill which is
pending in the House of the People, or which having been passed by the
House of the People is pending in the council of States, shall subject
to the provisions of Article 108, lapse on a dissolution of the House of
the People
108. Joint sitting of both Houses in certain cases
(1) If after a Bill has been passed by one House and transmitted to the other House
(a) the Bill is rejected by the other House; or
(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
(c)
more than six months elapse from the date of the reception of the Bill
by the other House without the Bill being passed by it the President
may, unless the Bill has lapsed by reason of a dissolution of the House
of the People, notify to the Houses by message if they are sitting or by
public notification if they are not sitting, his intention to summon
them to meet in a joint sitting for the purpose of deliberating and
voting on the Bill: Provided that nothing in this clause shall apply to a
Money Bill
(2) In reckoning any
such period of six months as is referred to in clause ( 1 ), no account
shall be taken of any period during which the House referred to in sub
clause (c) of that clause is prorogued or adjourned for more than four
consecutive days
(3) Where the
President has under clause ( 1 ) notified his intention of summoning the
Houses to meet in a joint sitting, neither House shall proceed further
with the Bill, but the President may at any time after the date of his
notification summon the Houses to meet in a joint sitting for the
purpose specified in the notification and, if he does so, the Houses
shall meet accordingly
(4) If at
the joint sitting of the two Houses the Bill, with such amendments, if
any, as are agreed to in joint siting, is passed by a majority of the
total number of members of both Houses present and voting, it shall be
deemed for the purposes of this Constitution to have been passed by both
Houses: Provided that a joint sitting
(a)
if the Bill, having been passed by one House, has not been passed by
the other House with amendments and returned to the House in which it
originated, no amendment shall be proposed to the Bill other than such
amendments (if any) as are made necessary by the delay in the passage of
the Bill;
(b) if the Bill has
been so passed and returned, only such amendments as aforesaid shall be
proposed to the Bill and such other amendments as are relevant to the
matters with respect to which the Houses have not agreed; and the
decision of the person presiding as to the amendments which are
admissible under this clause shall be final
(5)
A joint sitting may be held under this article and a Bill passed
thereat, notwithstanding that a dissolution of the House of the People
has intervened since the President notified his intention to summon the
Houses to meet therein
109. Special procedure in respect of Money Bills
(1) A Money Bill shall not be introduced in the Council of States
(2)
After a Money Bill has been passed by the House of the People it shall
be transmitted to the Council of States for its recommendations and the
Council of States shall within a period of fourteen days from the date
of its receipt of the Bill return the Bill to the house of the People
with its recommendations and the House of the People may thereupon
either accept or reject all or any of the recommendations of the Council
of States
(3) If the House of
the People accepts any of the recommendations of the council of States,
the Money Bill shall be deemed to have been passed by both Houses with
the amendments recommended by the council of States and accepted by the
House of the People
(4) If the
House of the People does not accept any of the recommendations of the
council of States, the Money Bill shall be deemed to have been passed by
both Houses in the form in which it was passed by the House of the
People without any of the amendments recommended by the Council of
States
(5) If a Money Bill passed
by the House of the People and transmitted to the council of States for
its recommendations is not returned to the House of the People within
the said period of fourteen days, it shall be deemed to have been passed
by both Houses at the expiration of the said period in the form in
which it was passed by the House of the People
110. Definition of Money Bill
(1)
For the purposes of this Chapter, a Bill shall be deemed to be a Money
Bill if it contains only provisions dealing with all or any of the
following matters, namely
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b)
the regulation of the borrowing of money or the giving of any guarantee
by the Government of India, or the amendment of the law with respect to
any financial obligations undertaken or to be undertaken by the
Government of India;
(c) the
custody of the consolidated Fund or the Contingency Fund of India, the
payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the consolidated Fund of India;
(e)
the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of India or the increasing of the amount of any such
expenditure;
(f) the receipt of
money on account of the Consolidated Fund of India or the public account
of India or the custody or issue of such money or the audit of the
accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub clause (a) to (f)
(2)
A Bill shall not be deemed to be a Money Bill by reason only that it
provides for the imposition of fines or other pecuniary penalties, or
for the demand or payment of fees for licences or fees for services
rendered, or by reason that it provides for the imposition, abolition,
remission, alteration or regulation of any tax by any local authority or
body for local purposes
(3) If
any question arises whether a Bill is a Money Bill or not, the decision
of the Speaker of the House of the People thereon shall be final
(4)
There shall be endorsed on every Money Bill when it is transmitted to
the Council of States under Article 109, and when it is presented to the
President for assent under Article 111, the certificate of the Speaker
of the House of the People signed by him that it is a Money Bill
111.
Assent to Bills When a Bill has been passed by the Houses of
Parliament, it shall be presented to the President, and the President
shall declare either that he assents to the Bill, or that he withholds
assent therefrom Provided that the President may, as soon as possible
after the presentation to him of a Bill for assent, return the Bill if
it is not a Money Bill to the Houses with a message requesting that they
will reconsider the Bill or any specified provisions thereof and, in
particular, will consider the desirability of introducing any such
amendments as he may recommend in his message, and when a Bill is so
returned, the Houses shall reconsider the Bill accordingly, and if the
Bill is passed again by the Houses with or without amendment and
presented to the President for assent, the President shall not withhold
assent therefrom Procedures in Financial Matters
112. Annual financial statement
(1)
The President shall in respect of every financial year cause to be laid
before both the Houses of Parliament a statement of the estimated
receipts and expenditure of the Government of India for that year, in
this Part referred to as the annual financial statement
(2) The estimates of expenditure embodied in the annual financial statement shall show separately
(a)
the sums required to meet expenditure described by the Condition as
expenditure charged upon the Consolidated Fund of India; and
(b)
the sums required to meet other expenditure proposed to be made from
the Consolidated Fund of India, and shall distinguish expenditure on
revenue account from other expenditure
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of India
(a) the emoluments and allowances of the President and other expenditure relating to his office;
(b)
the salaries and allowances of the Chairman and the Deputy Chairman of
the Council of States and the Speaker and the Deputy Speaker of the
House of the People;
(c) debt
charges for which the Government of India is liable including interest,
sinking fund charges and redemption charges, and other expenditure
relating to the raising of loans and the service and redemption of debt;
(d)
(i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court,
(ii) the pensions payable to or in respect of Judges of the Federal Court,
(iii)
the pensions payable to or in respect of Judges of any High Court which
exercises jurisdiction in relation to any area included in the
territory of India or which at any time before the commencement of this
Constitution exercises jurisdiction in relation to any area included in a
Governors Province of the Dominion of India;
(e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor General of India;
(f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged
113. Procedure in Parliament with respect to estimates
(1)
So much of the estimates as relates to expenditure charged upon the
Consolidated Fund of India shall not be submitted to the vote of
Parliament, but nothing in this clause shall be construed as preventing
the discussion in either House of Parliament of any of those estimates
(2)
So much of the said estimates as relates to other expenditure shall be
submitted in the form of demands for grants to the House of the People,
and the House of the People shall have power to assent, or to refuse to
assent, to any demand, or to assent to any demand subject to a reduction
of the amount specified therein
(3) No demand for a grant shall be made except on the recommendation of the President
114. Appropriation Bills
(1)
As soon as may be after the grants under article 113 have been made by
the House of the People, there shall be introduced a Bill to provide for
the appropriation out of the Consolidated Fund of India of all moneys
required to meet
(a) the grants so made by the House of the People; and
(b)
the expenditure charged on the Consolidated fund of India but not
exceeding in any case the amount shown in the statement previously laid
before Parliament
(2) No
amendment shall be proposed to any such Bill in either House of
Parliament which will have the effect of varying the amount or altering
the destination of any grant so made or of varying the amount of any
expenditure charged on the Consolidated Fund of India, and the decision
of the person presiding as to whether an amendment is inadmissible under
this clause shall be final
(3)
Subject to the provisions of articles 115 and 116, no money shall be
withdrawn from the Consolidated Fund of India expect under appropriation
made by law passed in accordance with the provisions of this article
115. Supplementary, additional or excess grants
(1) The President shall
(a)
If the amount authorised by any law made in accordance with the
provisions of article 114 to be expended for a particular service for
the current financial year is found to be insufficient for the purposes
of that year or when a need has arisenduring the current financial year
for supplementary or additional expenditure upon some new service not
contemplated in the annual financial statement for that year, or
(b)
if any money has been spent on any service during a financial year in
excess of the amount granted for that service and for that year, cause
to be laid before both the Houses of Parliament another statement
showing the estimated amount of that expenditure or cause to be
presented to the House of the People a demand for such excess, as the
case may be
(2) The provisions of
articles 112, 113 and 114 shall have effect in relation to any such
statement and expenditure or demand and also to any law to be made
authorising the appropriation of moneys out of the Consolidated Fund of
India to meet such expenditure or the grant in respect of such demand as
they have effect in relation to the annual financial statement and the
expenditure mentioned therein or to a demand for a grant and the law to
be made for the authorisation of appropriation of moneys out of the
Consolidated Fund of India to meet such expenditure or grant
116. Votes on account, votes of credit and exceptional grants
(1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power
(a)
to make any grant in advance in respect of the estimated expenditure
for a part of any financial year pending the completion of the procedure
prescribed in article 113 for the voting of such grant and the passing
of the law in accordance with the provisions of article 114 in relation
to that expenditure;
(b) to make a
grant for meeting an unexpected demand upon there sources of India when
on account of the magnitude or the indefinite character of the service
the demand cannot be stand with the details ordinarily given in an
annual financial statement;
(c)
to make an exceptional grant which forms no part of the current service
of any financial year; and Parliament shall have power to authorise by
law the withdrawal of moneys from the Consolidated Fund of India for the
purposes for which the said grants are made
(2)
The provisions of articles 113 and 114 shall have effect in relation to
the making of any grant under clause ( 1 ) and to any law to be made
under that clause as they have effect in relation to the making of a
grant with regard to any expenditure mentioned in the annual financial
statement and the law to be made for the authorisation of appropriation
of moneys out of the Consolidated Fund of India to meet such expenditure
117. Special provisions as to financial Bills
(1)
A Bill or amendment making provision for any of the matters specified
in sub clauses (a) to (f) of clause ( 1 ) of article 110 shall not be
introduced or moved except on the recommendation of the President and a
Bill making such provision shall not be introduced in the Council of
States: Provided that no recommendation shall be required under this
clause for the moving of an amendment making provision for the reduction
or abolition of any tax
(2) A
Bill or amendment shall not be deemed to make provision for any of the
matters aforesaid by reason only that it provides for the imposition of
fines or other pecuniary penalties, or for the demand or payment of fees
for licences or fees for services rendered, or by reason that it
provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes
(3)
A Bill which, if enacted and brought into operation, would involve
expenditure from the consolidated Fund of India shall not be passed by
either House of Parliament unless the President has recommended to that
House the consideration of the Bill Procedure Generally
118. Rules of procedure
(1)
Each House of Parliament may make rules for regulations, subject to the
provisions of this Constitution, its procedure and the conduct of its
business
(2) Until rules are made
under clause ( 1 ), the rules of procedure and standing orders in force
immediately before the commencement of this Constitution with respect
to the Legislature of the Dominion of India shall have effect in
relation to Parliament subject to such modifications and adaptations as
may be made therein by the Chairman of the Council of States or the
Speaker of the House of the People, as the case may be
(3)
The President, after consultation with the Chairman of the Council of
States and the Speaker of the House of the People, may make rules as to
the procedure with respect to joint sittings of, and communications
between, the two Houses
(4) At a
joint sitting of the two Houses the Speaker of the House of the People,
or in his absence such person as may be determined by rules of procedure
made under clause ( 3 ), shall preside
119.
Regulation by law of procedure in Parliament in relation to financial
business Parliament may, for the purpose of the timely completion of
financial business, regulate by law the procedure of, and the conduct of
business in, each House of Parliament in relation to any financial
matter or to any Bill for the appropriation of moneys out of the
consolidated Fund of India, and, if and so far as any provision of any
law so made is inconsistent with any rule made by a House of Parliament
under clause ( 1 ) of Article 118 or with any rule or standing order
having effect in relation to Parliament under clause ( 2 ) of that
article, such provision shall prevail
120. Language to be used in Parliament
(1)
Notwithstanding anything in Part XVII, but subject to the Article 348,
business in Parliament shall be transacted in Hindi or in English:
Provided that the Chairman of the Council of States or Speaker of the
House of the People, or Person acting as such, as the Case may be, may
permit any member who cannot adequately express himself in Hindi or in
English to address the House in his mother tongue
(2)
Unless Parliament by Law otherwise provides, this article shall, after
the expiration of a period of fifteen years from the commencement of
this Constitution, have effect as if the words or in English were
omitted therefrom
121.
Restriction on discussion in Parliament No discussions shall take place
in Parliament with respect to the conduct of any Judge of the Supreme
Court or of a High Court in the discharge of his duties expect upon a
motion for presenting an address to the President praying for the
removal of the Judge as hereinafter provided
122. Courts not to inquire into proceedings of Parliament
(1)
The validity of any proceedings in Parliament shall not be called in
question on the ground of any alleged irregularity of procedure
(2)
No officer or member of Parliament in whom powers are vested by or
under this Constitution for regulating procedure or the conduct of
business, or for maintaining order, in Parliament shall be subject to
the jurisdiction of any court in respect of the exercise by him of those
powers CHAPTER III LEGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of Parliament
(1)
If at any time, except when both Houses of Parliament are in session,
the President is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such
Ordinance as the circumstances appear to him to require
(2)
An Ordinance promulgated under this article shall have the same force
and effect as an Act of Parliament, but every such Ordinance
(a)
shall be laid before both House of Parliament and shall cease to
operate at the expiration of six weeks from the reassemble of
Parliament, or, if before the expiration of that period resolutions
disapproving it are passed by both Houses, upon the passing of the
second of those resolutions; and
(b)
may be withdrawn at any time by the President Explanation Where the
Houses of Parliament are summoned to reassemble on different dates, the
period of six weeks shall be reckoned from the later of those dates for
the purposes of this clause
(3)
If and so far as an Ordinance under this article makes any provision
which Parliament would not under this Constitution be competent to
enact, it shall be void CHAPTER IV THE UNION JUDICIARY
124. Establishment and constitution of Supreme Court
(1)
There shall be a Supreme Court of India constituting of a Chief Justice
of India and, until Parliament by law prescribes a larger number, of
not more than seven other Judges
(2)
Every Judge of the Supreme Court shall be appointed by the President by
warrant under his hand and seal after consultation with such of the
Judges of the Supreme Court and of the High Courts in the States as the
President may deem necessary for the purpose and shall hold office until
he attains the age of sixty five years: Provided that in the case of
appointment of a Judge other than the chief Justice, the chief Justice
of India shall always be consulted:
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed rom his office in the manner provided in clause ( 4 )
2A.
The age of a Judge of the Supreme Court shall be determined by such
authority and in such manner as Parliament may by law provide
(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and
(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
(c)
is, in the opinion of the President, a distinguished jurist Explanation
I In this clause High Court means a High Court which exercises, or
which at any time before the commencement of this Constitution
exercised, jurisdiction in any part of the territory of India
Explanation II In computing for the purpose of this clause the period
during which a person has been an advocate, any period during which a
person has held judicial office not inferior to that of a district judge
after he became an advocate shall be included
(4)
A Judge of the Supreme Court shall not be removed from his office
except by an order of the President passed after an address by each
House of Parliament supported by a majority of the total membership of
that House and by a majority of not less than two third of the members
of the House present and voting has been presented to the President in
the same session for such removal on the ground of proved misbehaviour
or incapacity
(5) Parliament may
by law regulate the procedure for the presentation of an address and for
the investigation and proof of the misbehaviour or incapacity of a
Judge under clause ( 4 ):
(6)
Every person appointed to be a Judge of the Supreme Court shall, before
he enters upon his office, make and subscribe before the President, or
some person appointed in that behalf by him, an oath or affirmation
according to the form set out for the purpose in the Third Schedule
(7)
No person who has held office as a Judge of the Supreme Court shall
plead or act in any court or before any authority within the territory
of India
125. Salaries, etc, of Judges
(1)
There shall be paid to the Judges of the Supreme Court such salaries as
may be determined by Parliament by law and, until provision in that
behalf is so made, such salaries as are specified in the Second Schedule
(2)
Every Judge shall be entitled to such privileges and allowances and to
such rights in respect of leave of absence and pension as may from time
to time be determined by or under law made by Parliament and, until so
determined, to such privileges, allowances and rights as are specified
in the Second Schedule: Provided that neither the privileges nor the
allowances of a Judge nor his rights in respect of leave of absence or
pension shall be varied to his disadvantage after his appointment
126.
Appointment of acting Chief Justice When the office of Chief Justice of
India is vacant or when the Chief Justice is, by reason or absence or
otherwise, unable to perform the duties of his office, the duties of the
office shall be performed by such one of the other Judges of the Court
as the President may appoint for the purpose
127. Appointment of ad hoc Judges
(1)
If at any time there should not be a quorum of the Judges of the
Supreme Court available to hold or continue any session of the Court,
the Chief Justice of India may, with the previous consent of the
President and after consultation with the Chief Justice of the High
Court concerned, request in writing the attendance at the sittings of
the Court, as an ad hoc Judge, for such period as may be necessary, of a
Judge of a High Court duly qualified for appointment as a Judge of the
Supreme Court to be designated by the Chief Justice of India
(2)
It shall be the duty of the Judge who has been so designated, in
priority to other duties of his office, to attend the sittings of the
Supreme Court at the time and for the period for which his attendance is
required, and while so attending he shall have all the jurisdiction,
powers and privileges, and shall discharge the duties, of a Judge of the
Supreme Court
128. Attendance of
retired Judges at sittings of the Supreme Court Notwithstanding
anything in this chapter, the Chief Justice of India may at any time,
with the previous consent of the president, request any person who has
held the office of a Judge of the Supreme Court or of the Federal Court
or who has held the office of a Judge of a High Court and is duly
qualified for appointment as a Judge of the Supreme Court to sit and act
as a Judge of the Supreme Court, and every such person so requested
shall, while so sitting and acting, be entitled to such allowances as
the President may by order determine and have all the jurisdiction,
powers and privileges of, but shall not otherwise be deemed to be, a
Judge of that Court: Provided that nothing in this article shall be
deemed to require any such person as aforesaid to sit and act as a Judge
of that Court unless he consents so to do
129.
Supreme Court to be a court of record The Supreme Court shall be a
court of record and shall have all the powers of such a court including
the power to punish for contempt of itself
130.
Seat of Supreme Court The Supreme Court shall sit in Delhi or in such
other place or places, as the Chief Justice of India may, with the
approval of the President, from time to time, appoint
131.
Original jurisdiction of the Supreme Court Subject to the provisions of
this Constitution, the Supreme Court shall, to the exclusion of any
other court, have original jurisdiction in any dispute
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other; or
(c)
between two or more States, if and in so far as the dispute involves
any question (whether of law or fact) on which the existence or extent
of a legal right depends: Provided that the said jurisdiction shall not
extend to a dispute arising out of any treaty, agreement, covenant,
engagements, and or other similar instrument which, having been entered
into or executed before the commencement of this Constitution, continues
in operation after such commencement, or which provides that the said
jurisdiction shall not extend to such a dispute
132.
Appellate jurisdiction of Supreme Court in appeals from High Courts in
certain cases ( 1 ) An appeal shall lie to the Supreme Court from any
judgment, decree or final order of a High Court in the territory of
India, whether in a civil, criminal or other proceeding, if the High
Court certifies under Article 134A that the case involves a substantial
question of law as t the interpretation of this Constitution
(2) Omitted
(3)
Where such a certificate is given, any party in the case may appeal to
the Supreme Court on the ground that any such question as aforesaid has
been wrongly decided Explanation For the purposes of this article, the
expression final order includes an order declaring an issue which, if
decided in favour of the appellant, would be sufficient for the final
disposal of the case
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
(1)
An appeal shall lie to the Supreme Court from any judgment, decree or
final order in a civil proceeding of a High Court in the territory of
India if the High Court certifies under Article 134A
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court
(2)
Notwithstanding anything in Article 132, any party appealing to the
Supreme Court under clause ( 1 ) may urge as one of the grounds in such
appeal that a substantial question of law as to the interpretation of
this Constitution has been wrongly decided
(3)
Notwithstanding anything in this article, no appeal shall, unless
Parliament by law otherwise provides, lie to the Supreme Court from the
judgment, decree or final order of one Judge of a High Court
134. Appellate jurisdiction of Supreme Court in regard to criminal matters
(1)
An appeal shall lie to the Supreme Court from any judgment, final order
or sentence in a criminal proceeding of a High Court in the territory
of India if the High Court has on appeal reversed an order of acquittal
of an accused person and sentenced him to death; or has withdrawn for
trial before itself any case from any court subordinate to its authority
and has in such trial convicted the accused person and sentenced him to
death; or
(c) certifies under
Article 134A that the case is a fit one for appeal to the Supreme Court:
Provided that an appeal under sub clause (c) shall lie subject to such
provisions as may be made in that behalf under clause ( 1 ) of Article
145 and to such conditions as the High Court may establish or require
(2)
Parliament may by law confer on the Supreme Court any further powers to
entertain and hear appeals from any judgment, final order or sentence
in a criminal proceeding of a High Court in the territory of India
subject to such conditions and limitations as may be specified in such
law
134A. Certificate for appeal
to the Supreme Court Every High Court, passing or making a judgment,
decree, final order, or sentence, referred to in clause ( 1 ) of Article
132 or clause ( 1 ) of Article 133, or clause ( 1 ) of Article 134
(a) may, if it deems fit so to do, on its own motion; and
(b)
shall, if an oral application is made, by or on behalf of the party
aggrieved, immediately after the passing or making of such judgment,
decree, final order or sentence, determine, as soon as may be after such
passing or making, the question whether a certificate of the nature
referred to in clause ( 1 ) of Article 132, or clause ( 1 ) of Article
133 or, as the case may be, sub clause (c) of clause ( 1 ) of Article
134, may be given in respect of that case
135.
Jurisdiction and powers of the Federal Court under existing law to be
exercisable by the Supreme Court Until Parliament by law otherwise
provides, the Supreme Court shall also have jurisdiction and powers with
respect to any matter to which the provisions of Article 133 or Article
134 do not apply if jurisdiction and powers in relation to that matter
were exercisable by the Federal Court immediately before the
commencement of this Constitution under any existing law
136. Special leave to appeal by the Supreme Court
(1)
Notwithstanding anything in this Chapter, the Supreme Court may, in its
discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made
by any court or tribunal in the territory of India
(2)
Nothing in clause ( 1 ) shall apply to any judgment, determination,
sentence or order passed or made by any court or tribunal constituted by
or under any law relating to the Armed Forces
137.
Review of judgments or orders by the Supreme Court Subject to the
provisions of any law made by Parliament or any rules made under Article
145, the Supreme Court shall have power to review any judgment
pronounced or order made by it
138. Enlargement of the jurisdiction of the Supreme Court
(1)
The Supreme Court shall have such further jurisdiction and powers with
respect to any of the matters in the Union List as Parliament may by law
confer
(2) The Supreme Court
shall have such further jurisdiction, and powers with respect to any
matter as the Government of India and the Government of any State may by
special agreement confer, if Parliament by law provides for the
exercise of such jurisdiction and powers by the Supreme Court
139.
Conferment on the Supreme Court of powers to issue certain writs
Parliament may by law confer on the Supreme Court power to issue
directions, orders or writs, including writs in the nature of habeas
corpus, mandamus, prohibition, quo warranto and certiorari, or any of
them, for any purposes other than those mentioned in clause ( 2 ) of
Article 32
139A. Transfer of certain cases
(1)
Where cases involving the same or substantially the same questions of
law are pending before the Supreme Court and one or more High Courts or
before two or more High Courts and the Supreme Court is satisfied on its
own motion or an application made by the Attorney General of India or
by a party to any such case that such questions are substantial
questions of general importance, the Supreme Court may withdraw the case
or cases pending before the High Court or the High Courts and dispose
of all the cases itself: Provided that the Supreme Court may after
determining the said questions of law return any case so withdrawn
together with a copy of its judgment on such questions to the High Court
from which the case has been withdrawn, and the High Court shall on
receipt thereof, proceed to dispose of the case in conformity with such
judgment
(2) The Supreme Court
may, if it deems it expedient so to do for the ends of justice, transfer
any case, appeal or other proceedings pending before any High Court to
any other High Court
140.
Ancillary powers of Supreme Court Parliament may by law make provision
for conferring upon the Supreme Court such supplemental powers not
inconsistent with any of the provisions of this Constitution as may
appear to be necessary or desirable for the purpose of enabling the
Court more effectively to exercise the jurisdiction conferred upon it by
or under this Constitution
141.
Law declared by Supreme Court to be binding on all courts The law
declared by the Supreme Court shall be binding on all courts within the
territory of India
142.
Enforcement of decrees and orders of Supreme Court and unless as to
discovery, etc ( 1 ) The Supreme Court in the exercise of its
jurisdiction may pass such decree or make such order as is necessary for
doing complete justice in any cause or matter pending before it, and
any decree so passed or orders so made shall be enforceable throughout
the territory of India in such manner as may be prescribed by or under
any law made by Parliament and, until provision in that behalf is so
made, in such manner as the President may by order prescribe
(2)
Subject to the provisions of any law made in this behalf by Parliament,
the Supreme Court shall, as respects the whole of the territory of
India, have all and every power to make any order for the purpose of
securing the attendance of any person, the discovery or production of
any documents, or the investigation or punishment of any contempt of
itself
143. Power of President to
consult Supreme Court ( 1 ) If at any time it appears to the President
that a question of law or fact has arisen, or is likely to arise, which
is of such a nature and of such public importance that it is expedient
to obtain the opinion of the Supreme Court upon it, he may refer the
question to that Court for consideration and the Court may, after such
hearing as it thinks fit, report to the President its opinion thereon
(2)
The President may, notwithstanding anything in the proviso to Article
131, refer a dispute of the kind mentioned in the said proviso to the
Supreme Court for opinion and the Supreme Court shall, after such
hearing as it thinks fit, report to the President its opinion thereon
144.
Civil and judicial authorities to act in aid of the Supreme Court All
authorities, civil and judicial, in the territory of India shall act in
aid of the Supreme Court
145. Rules of Court, etc
(1)
Subject to the provisions of any law made by Parliament the Supreme
Court may from time to time, with the approval of the President, make
rules for regulating generally the practice and procedure of the Court
including
(a) rules as to the persons practising before the Court,
(b)
rules as to the procedure for hearing appeals, and other matters
pertaining to appeals including the time within which appeals to the
Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;
(cc) rules as to the proceedings in the Court under Article 139A;
(d) rules as to the entertainment of appeals under sub clause (c) of clause ( 1 ) of Article 134;
(e)
any judgment pronounced or order made by the Court may be received and
rules as to the conditions the procedure for such review including the
time within which applications to the Court for such review are to be
entered;
(f) rules as to the
costs of and incidental to any proceedings in the Court and as to the
fees to be charged in respect of proceeding therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(i)
rules providing for the summary determination of any appeal which
appears to the Court to be frivolous or vexatious or brought for the
purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause ( 1 ) of Article 317
(2)
Subject to the provisions of clause ( 3 ), rules made under this
article may fix the minimum number of Judges who are to sit for any
purpose, and may provide for the powers of single Judges and Division
Courts
(3) The minimum number of
Judges who are to sit for the purpose of deciding any case involving a
substantial question of law as to the interpretation of this
Constitution or for the purpose of hearing any reference under Article
143 shall be five: Provided that, where the Court hearing an appeal
under any of the provisions of this chapter other than Article 132
consists of less than five Judges and in the course of the hearing of
the appeal the Court is satisfied that the appeal involves a substantial
question of law as to the interpretation of this Constitution the
determination of which is necessary for the disposal of the appeal, such
Court shall refer the question for opinion to a Court constituted as
required by this clause for the purpose of deciding any case involving
such a question and shall on receipt of the opinion dispose of the
appeal in conformity with such opinion
(4)
No judgment shall be delivered by the Supreme Court save in open Court,
and no report shall be made under Article 143 save in accordance with
an opinion also delivered in open Court
(5)
No judgment and no such opinion shall be delivered by the Supreme Court
save with the concurrence of a majority of the Judges present at the
hearing of the case, but nothing in this clause shall be deemed to
prevent a Judge who does not concur from delivering a dissenting
judgment or opinion
146. Officers and servants and the expenses of the Supreme Court
(1)
Appointments of officers and servants of the Supreme Court shall be
made by the Chief Justice of India or such other Judge or officer of the
Court as he may direct: Provided that the President may by rule require
that in such cases as may be specified in the rule, no person not
already attached to the Court shall be appointed to any office connected
with the Court, save after consultation with the Union Public Service
Commission
(2) Subject to the
provisions of any law made by Parliament, the conditions of service of
officers and servants of the Supreme Court shall be such as may be
prescribed by rules made by the Chief Justice of India or by some other
Judge or officer of the Court authorised by the Chief Justice of India
to make rules for the purpose: Provided that the rules made under this
clause shall, so far as they relate to salaries, allowances, leave or
pensions, require the approval of the President
(3)
The administrative expenses of the Supreme Court, including all
salaries, allowances and pensions payable to or in respect of the
offices and servants of the Court, shall be charged upon the
Consolidated Fund of India, and any fees or other moneys taken by the
court shall form part of that Fund
147.
Interpretation In this Chapter and in Chapter V of Part VI references
to any substantial question of law as to the interpretation of this
Constitution shall be construed as including references to any
substantial question of law as to the interpretation of the Government
of India Act, 1935 (including any enactment amending or supplementing
that Act), or of any Order in Council or order made thereunder, or of
the Indian Independence Act, 1947 , or of any order made thereunder
CHAPTER V COMPTROLLER AND AUDITOR GENERAL OF INDIA
CHAPTER V COMPTROLLER AND AUDITOR GENERAL OF INDIA
148. Comptroller and Auditor General of India
(1)
There shall be a Comptroller and Auditor General of India who shall be
appointed by the President by warrant under his hand and seal and shall
only be removed from office in like manner and on the like grounds as a
Judge of the Supreme Court
(2)
Every person appointed to be the Comptroller and Auditor General of
India shall, before he enters upon his office, make and subscribe before
the President, or some person appointed in that behalf by him, an oath
or affirmation according to the form set out for the purpose in the
Third Schedule
(3) The salary and
other conditions of service of the Comptroller and Auditor General
shall be such as may be determined by Parliament by law and, until they
are so determined, shall be as specified in the Second Schedule:
Provided that neither the salary of a Comptroller and Auditor General
nor his rights in respect of leave of absence, pension or age of
retirement shall be varied to his disadvantage after his appointment
(4)
The Comptroller and Auditor General shall not be eligible for further
office either under the Government of India or under the Government of
any State after he has ceased to hold his office
(5)
Subject to the provisions of this Constitution and of any law made by
Parliament, the conditions of service of persons serving in the Indian
Audit and Accounts Department and the administrative powers of the
Comptroller and Auditor General shall be such as may be prescribed by
rules made by the President after consultation with the Comptroller and
Auditor General
(6) The
Administrative expenses of the office of the Comptroller and Auditor
General, including all salaries, allowances and pensions payable to or
in respect of pensions serving in that office, shall be charged upon the
Consolidated Fund of India
149.
Duties and powers of the Comptroller and Auditor General The Comptroller
and Auditor General shall perform such duties and exercise such powers
in relation to the accounts of the Union and of the States and of any
other authority or body as may be prescribed by or under any law made by
Parliament and, until provision in that behalf is so made, shall
perform such duties and exercise such powers in relation to the accounts
of the Union and of the States as were conferred on or exercisable by
the Auditor General of India immediately before the commencement of this
Constitution in relation to the accounts of the Dominion of India and
of the Provinces respectively
150.
Form of accounts of the Union and of the States The accounts of the
Union and of the States shall be kept in such form as the President may,
on the advice of the Comptroller and Auditor General of India,
prescribe
151. Audit reports
(1)
The reports of the Comptroller and Auditor General of India relating to
the accounts of the Union shall be submitted to the President, who
shall cause them to be laid before each House of Parliament
(2)
The reports of the Comptroller and Auditor General of India relating to
the accounts of a State shall be submitted to the Governor of the
State, who shall cause them to be laid before the Legislature of the
State PART VI THE STATES CHAPTER I GENERAL
152.
Definition In this Part, unless the context otherwise, requires, the
expression State does not include the State of Jammu and Kashmir CHAPTER
II THE EXECUTIVE The Governor
153.
Governors of States There shall be Governor for each State: Provided
that nothing in this article shall prevent the appointment of the same
person as Governor for two or more States
154. Executive power of State
(1)
The executive power of the State shall be vested in the Governor and
shall be exercised by him either directly or through officers
subordinate to him in accordance with this Constitution
(2) Nothing in this article shall
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
(b)
prevent Parliament or the Legislature of the State from conferring by
law functions on any authority subordinate to the Governor
155. Appointment of Governor The Governor of a State shall be appointed by the President by warrant under his hand and seal
156. Term of office of Governor
(1) The Governor shall hold office during the pleasure of the President
(2) The Governor may, by writing under his hand addressed to the President, resign his office
(3)
Subject to the foregoing provisions of this article, a Governor shall
hold for a term of five years from the date on which he enters upon his
office
(4) Provided that a
Governor shall, notwithstanding the expiration of his term, continue to
hold office until his successor enters upon his office
157.
Qualifications for appointment as Governor No person shall be eligible
for appointment as Governor unless he is a citizen of India and has
completed the age of thirty five years
158. Conditions of Governor office
(1)
The Governor shall not be a member of either House of Parliament or of a
House of the Legislature of any State specified in the First Schedule,
and if a member of either House of Parliament or of a House of the
Legislature of any such State be appointed Governor, he shall be deemed
to have vacated his seat in that House on the date on which he enters
upon his office as Governor
(2) The Governor shall not hold any other office of profit
(3)
The Governor shall be entitled without payment of rent to the use of
his official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law and,
until provision in that behalf is so made, such emoluments, allowances
and privileges as are specified in Second Schedule
(3A)
Where the same person is appointed as Governor of two or more States,
the emoluments and allowances payable to the Governor shall be allocated
among the States in such proportion as the President may by order
determine
(4) The emoluments and allowances of the Governor shall not be diminished during his term of office
159.
Oath or affirmation by Governor Every Governor and every person
discharging the functions of the Governor shall, before entering upon
his office, make and subscribe in the presence of the chief Justice of
the High Court exercising jurisdiction in relation to the State, or, in
his absence, the senior most Judge of that court available, an oath or
affirmation in the following form, that is to say swear in the name of
God I, A B, do that I solemnly affirm will faithfully execute the office
of Governor (or discharge the functions of the Governor) of (name of
the State) and will to the best of my ability preserve, protect and
defend the Constitution and the law and that I will devote myself to the
service and well being of the people of (name of the State)
160.
Discharge of the functions of the Governor in certain contingencies The
President may make such provision as he thinks fit for the discharge of
the functions of the Governor of a State in any contingency not
provided for in this Chapter
161.
Power of Governor to grant pardons, etc, and to suspend, remit or
commute sentences in certain cases The Governor of a State shall have
the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person
convicted of any offence against any law relating to a matter to which
the executive power of the State extends
162.
Extent of executive power of State Subject to the provisions of this
Constitution, the executive power of a State shall extend to the matters
with respect to which the Legislature of the State has power to make
laws Provided that in any matter with respect to which the Legislature
of a State and Parliament have power to make laws, the executive power
of the State shall be subject to, and limited by, the executive power
expressly conferred by the Constitution or by any law made by Parliament
upon the Union or authorities thereof Council of Ministers
163. Council of Ministers to aid and advise Governor
(1)
There shall be a council of Ministers with the chief Minister at the
head to aid and advise the Governor in the exercise of his functions,
except in so far as he is by or under this constitution required to
exercise his functions or any of them in his discretion
(2)
If any question arises whether any matter is or is not a matter as
respects which the Governor is by or under this Constitution required to
act in his discretion, the decision of the Governor in his discretion
shall be final, and the validity of anything done by the Governor shall
not be called in question on the ground that he ought or ought not to
have acted in his discretion
(3)
The question whether any, and if so what, advice was tendered by
Ministers to the Governor shall not be inquired into in any court
164. Other provisions as to Ministers
(1)
The chief Minister shall be appointed by the Governor and the other
Ministers shall be appointed by the Governor on the advice of the Chief
Minister, and the Ministers shall hold office during the pleasure of the
Governor: Provided that in the State of Bihar, Madhya Pradesh and
Orissa, there shall be a Minister in charge of tribal welfare who may in
addition be in charge of the welfare of the Scheduled Castes and
backward classes or any other work
(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State
(3)
Before a Minister enters upon his office, the Governor shall administer
so him the oaths of office and of secrecy according to the forms set
out for the purpose in the Third Schedule
(4)
A Minister who for any period of six consecutive months is not a member
of the Legislature of the State shall at the expiration of that period
cease to be a Minister
(5) The
salaries and allowances of Ministers shall be such as the Legislature of
the State may from time to time by law determine and, until the
Legislature of the State so determines, shall be as specified in the
Second Schedule The Advocate General for the State
165. Advocate General for the State
(1)
The Governor of each State shall appoint a person who is qualified to
be appointed a Judge of a High Court to be Advocate General for the
State
(2) It shall be the duty of
the Advocate General to give advice to the Government of the State upon
such legal matters, and to perform such other duties of a legal
character, as may from time to time be referred or assigned to him by
the Governor, and to discharge the functions conferred on him by or
under this Constitution or any other law for the time being in force
(3)
The Advocate General shall hold office during the pleasure of the
Governor, and shall receive such remuneration as the Governor may
determine Conduct of Government Business
166. Conduct of business of the Government of a State
(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor
(2)
Orders and other instruments made and executed in the name of the
Governor shall be authenticated in such manner as may be specified in
rules to be made by the Governor, and the validity of an order on
instruction which is so authenticated shall not be called in question on
the ground that it is not an order or instrument made or executed by
the Governor
(3) The Governor
shall make rules for the more convenient transaction of the business of
the Government of the State, and for the allocation among Ministers of
the said business in so far as it is not business with respect to which
the Governor is by or under this Constitution required to act in his
discretion
167. Duties of Chief
Minister as respects the furnishing of information to Governor, etc It
shall be the duty of the Chief Minister of each State
(a)
to communicate to the Governor of the State all decisions of the
council of Ministers relating to the administration of the affairs of
the State and proposals for legislation;
(b)
to furnish such information relating to the administration of the
affairs of the State and proposals for legislation as the Governor may
call for; and
(c) if the Governor
so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister
but which has not been considered by the Council CHAPTER III THE STATE
LEGISLATURE General
168. Constitution of Legislatures in States
(1) For every State there shall be a Legislature which shall consist of the Governor, and
(a) in the States of Bihar, Madhya Pradesh, Maharashtra, Karnataka and Uttar Pradesh, two houses:
(b) in other States, one House
(2)
Where there are two Houses of the Legislature of a State, one shall be
known as the Legislative Council and the other as the Legislative
Assembly, and where there is only one House, it shall be known as the
Legislative Assembly
169. Abolition or creation of Legislative Councils in States
(1)
Notwithstanding anything in Article 168, Parliament may by law provide
for the abolition of the Legislative Council of a State having such a
Council or for the creation of such a Council in a State having no such
Council, if the Legislative Assembly of the State passes a resolution to
that effect by a majority of the total membership of the Assembly and
by a majority of not less than two thirds of the members of the Assembly
present and voting
(2) Any law
referred to in clause ( 1 ) shall contain such provisions for the
amendment of this Constitution as may be necessary to give effect to the
provisions of the law and may also contain such supplemental,
incidental and consequential provisions as Parliament may deem necessary
(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368
170. Composition of the Legislative Assemblies
(1)
Subject to the provisions of Article 333, the Legislative Assembly of
each State shall consist of not more than five hundred, and not less
than sixty, members chosen by direct election from territorial
constituencies in the State
(2)
For the purposes of clause ( 1 ), each State shall be divided into
territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to it
shall, so far as practicable, be the same throughout the State
Explanation In this clause, the expression population means the
population as ascertained at the last preceding census of which the
relevant figures have been published: Provided that the reference in
this Explanation to the last preceding census of which the relevant
figures have been published shall, until the relevant figures for the
first census taken after the year 2000 have been published, be construed
as a reference to the 1971 census
(3)
Upon the completion of each census, the total number of seats in the
Legislative Assembly of each State and the division of each State into
territorial constituencies shall be readjusted by such authority and in
such manner as Parliament may by law determine: Provided that such
readjustment shall not affect representation in the Legislative Assembly
until the dissolution of the then existing Assembly: Provided further
that such readjustment shall take effect from such date as the President
may, by order, specify and until such readjustment takes effect, any
election to the Legislative Assembly may be held on the basis of the
territorial constituencies existing before such readjustment: Provided
also that until the relevant figures for the first census taken after
the year 2000 have been published, it shall not be necessary to readjust
the total number of seats in the Legislative Assembly of each State and
the division of such State into territorial constituencies under this
clause
171. Composition of the Legislative Councils
(1)
The total number of members in the Legislative Council of a State
having such a Council shall not exceed one third of the total number of
members in the Legislative Assembly of that State: Provided that the
total number of members in the Legislative Council of a State shall in
no case be less than forty
(2)
Until Parliament by law otherwise provides, the composition of the
Legislative Council of a State shall be as provided in clause ( 3 )
(3) Of the total number of members of the Legislative council of a State
(a)
as nearly as may be, one third shall be elected by electorates
consisting of members of municipalities, district boards and such other
local authorities in the State as Parliament may by law specify;
(b)
as nearly as may be, one twelfth shall be elected by electorates
consisting of persons residing in the State who have been for at least
three years graduates of any university in the territory of India or
have been for at least three years in possession of qualifications
prescribed by or under any law made by Parliament as equivalent to that
of a graduate of any such university;
(c)
as nearly as may be, one twelfth shall be elected by electorates
consisting of persons who have been for at least three years engaged in
teaching in such educational institutions within the State, not lower in
standard than that of a secondary school, as may be prescribed by or
under any law made by Parliament;
(d)
as nearly as may be, one third shall be elected by the members of the
Legislative Assembly of the State from amongst persons who are not
members of the Assembly;
(e) the remainder shall be nominated by the Governor in accordance with the provisions of clause ( 5 )
(4)
The members to be elected under sub clauses (a), (b) and (c) of clause (
3 ) shall be chosen in such territorial constituencies as may be
prescribed by or under any law made by Parliament, and the election
under the said sub clauses and under sub clause (d) of the said clause
shall be held in accordance with the system of proportional
representation by means of the single transferable vote
(5)
The members to be nominated by the Governor under sub clause (e) of
clause ( 3 ) shall consist of persons having special knowledge or
practical experience in respect of such matters as the following,
namely: Literature, science, art, co operative movement and social
service
172. Duration of State Legislatures
(1)
Every Legislative Assembly of every State, unless sooner dissolved,
shall continue for five years from the date appointed for its first
meeting and no longer and the expiration of the said period of five
years shall operate as a dissolution of the Assembly: Provided that the
said period may, while a Proclamation of Emergency is in operation, be
extended by Parliament by law for a period not exceeding one year at a
time and not extending in any case beyond a period of six months after
the Proclamation has ceased to operate
173.
Qualification for membership of the State Legislature A person shall
not be qualified to be chosen to fill a seat in the Legislature of a
State unless he
(a) is a citizen
of India, and makes and subscribes before some person authorised in that
behalf by the Election Commission an oath or affirmation according to
the form set out for the purpose in the Third Schedule;
(b)
is, in the case of a seat in the Legislative Assembly, not less than
twenty five years of age and in the case of a seat in the Legislative
Council, not less than thirty years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament
174. Sessions of the State Legislature, prorogation and dissolution
(1)
The Governor shall from time to time summon the House or each House of
the Legislature of the State to meet at such time and place as he thinks
fit, but six months shall not intervene between its last sitting in one
session and the date appointed for its first sitting in the next
session
(2) The Governor may from time to time
(a) Prorogue the House or either House;
(b) dissolve the Legislative Assembly
175. Right of Governor to address and send messages to the House or Houses
(1)
The Governor may address the Legislative Assembly or, in the case of a
State having a Legislative Council, either House of the Legislature of
the State, or both Houses assembled together, and may for that purpose
require the attendance of members
(2)
The Governor may sent messages to the House or Houses of the
Legislature of the State, whether with respect to a Bill then pending in
the Legislature or otherwise, and a House to which any message is so
sent shall with all convenient dispatch consider any matter required by
the message to be taken into consideration
176. Special address by the Governor
(1)
At the commencement of the first session after each general election to
the Legislative Assembly and at the commencement of the first session
of each year, the Governor shall address the Legislative Assembly or, in
the case of a State having a Legislative Council, both House assembled
together and inform the Legislature of the causes of its summons
(2)
Provision shall be made by the rules regulating the procedure of the
House or either House for the allotment of time for discussion of the
matters referred to in such address
177.
Rights of Ministers and Advocate General as respects the Houses Every
Minister and the Advocate General for a State shall have the right to
speak in, and otherwise to take part in the proceedings of, the
legislative Assembly of the State or, in the case of a State having a
Legislative Council, both Houses, and to speak in, and otherwise to take
part in the proceedings of, any committee of the Legislature of which
he may be named a member, but shall not, by virtue of this article, be
entitled to vote Officers of the State Legislature
178.
The Speaker and Deputy Speaker of the Legislative Assembly Every
Legislative Assembly of a State shall, as soon as may be, choose two
members of the Assembly to be respectively Speaker and Deputy Speakers
thereof and, so often as the office of Speaker or Deputy Speaker becomes
vacant, the Assembly shall choose another member to be Speaker or
Deputy Speaker, as the case may be
179.
Vacation and resignation of, and removal from, the offices of Speaker
and Deputy Speaker A member holding office as Speaker or Deputy Speaker
of an Assembly
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b)
may at any time by writing under his hand addressed, if such member is
the Speaker, to the Deputy Speaker, and if such member is the Deputy
Speaker, to the Speaker, resign his office; and Provided that no
resolution for the purpose of clause (c) shall be moved unless at least
fourteen days notice has been given of the intention to move the
resolution: Provided further that, whenever the Assembly is dissolved,
the Speaker shall not vacate his office until immediately before the
first meeting of the Assembly after the dissolution
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
(1)
While the office of Speaker is vacant, the duties of the office shall
be performed by the Deputy Speaker or, if the office of Deputy Speaker
is also vacant, by such member of the Assembly as the Governor may
appoint for the purpose
(2)
During the absence of the Speaker from any sitting of the Assembly the
Deputy Speaker or, if he is also absent, such person as may be
determined by the rules of procedure of the assembly, or, if no such
person is present, such other person as may be determined by the
Assembly, shall act as Speaker
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
(1)
At any sitting of the Legislative Assembly, while any resolution for
the removal of the Speaker from his office is under consideration, the
Speaker, or while any resolution for the removal of the Deputy Speaker
from his office is under consideration, the Deputy Speaker, shall not,
though he is present, preside, and the provisions of clause ( 2 ) of
Article 180 shall apply in relation to every such sitting as they apply
in relation to a sitting from which the Speaker or, as the case may be,
the Deputy Speaker, is absent
(2)
The Speaker shall have the right to speak in, and otherwise to take
part in the proceedings of, the Legislative Assembly while any
resolution for his removal from office is under consideration in the
Assembly and shall, notwithstanding anything in Article 189, be entitled
to vote only in the first instance on such resolution or on any other
matter during such proceedings but not in the case of an quality of
votes
182. The Chairman and
Deputy Chairman of the Legislative Council The Legislative Council of
every State having such Council shall, as soon as may be, choose two
members of the Council to be respectively Chairman and Deputy Chairman
thereof and, so often as the office of Chairman or Deputy Chairman
becomes vacant, the Council shall choose another member to be Chairman
or Deputy Chairman, as the case may be
183.
Vacation and resignation of, and removal from, the offices of Chairman
and Deputy Chairman A member holding office as Chairman or Deputy
Chairman of a Legislative Council
(a) shall vacate his office if he ceases to be a member of the Council;
(b)
may at any time by writing under his hand addressed, if such member is
the Chairman, to the Deputy Chairman, and if such member is the Deputy
chairman, to the Chairman, resign his office; and
(c)
may be removed from his office by a resolution of the council passed by
a majority of all the then members of the Council: Provided that no
resolution for the purpose of clause (c) shall be moved unless at least
fourteen days notice has been given of the intention to move the
resolution
184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
(1)
While the office of Chairman is vacant, the duties of the office shall
be performed by the Deputy Chairman or, if the office of Deputy Chairman
is also vacant, by such member of the council as the Governor may
appoint for the purpose
(2)
During the absence of the Chairman from any sitting of the Council the
Deputy Chairman or, if he is also absent, such person as may be
determined by the rules of procedure of the Council, or, if no such
person is present, such other person as may be determined by the
Council, shall act as Chairman
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
(1)
At any sitting of the Legislative Council, while any resolution for the
removal of the chairman from his office is under consideration, the
Chairman, or while any resolution for the removal of the Deputy Chairman
from his office is under consideration, the Deputy chairman, shall not,
though he is present, preside, and the provisions of clause ( 2 ) of
Article 184 shall apply in relation to every such sitting as they apply
in relation to a sitting from which the Chairman or, as the case may be,
the Deputy Chairman is absent
(2)
The Chairman shall have the right to speak in, and otherwise to take
part in the proceedings of, the Legislative Council while any resolution
for his removal from office is under consideration in the Council and
shall, notwithstanding anything in Article 189, be entitled to vote only
in the first instance on such resolution or on any other matter during
such proceedings but not in the case of an equality of votes
186.
Salaries and allowances of the Speaker and Deputy Speaker and the
Chairman and Deputy Chairman There shall be paid to the Speaker and the
Deputy Speaker of the Legislative Assembly, and to the Chairman and the
Deputy Chairman of the Legislative Council, such salaries and allowances
as may be respectively fixed by the Legislature of the State by law
and, until provision in that behalf is so made, such salaries and
allowances as are specified in the Second Schedule
187. Secretariat of State Legislature
(1)
The House or each House of the Legislature of a State shall have a
separate secretarial staff: Provided that nothing in this clause shall,
in the case of the Legislature of a State having a Legislative Council,
be construed as preventing the creation of posts common to both Houses
of such Legislature
(2) The
Legislature of a State may by law regulate the recruitment, and the
conditions of service of persons appointed, to the secretarial staff of
the House or Houses of the Legislature of the State
(3)
Until provision is made by the Legislature of the State under clause ( 2
), the Governor may, after consultation with the Speaker of the
Legislative Assembly or the Chairman of the Legislative Council, as the
case may be, make rules regulating the recruitment, and the conditions
of service of persons appointed, to the secretarial staff of the
Assembly or the Council, and any rules so made shall have effect subject
to the provisions of any law made under the said clause
188.
Oath or affirmation by members Every member of the Legislative Assembly
or the Legislative Council of a State shall, before taking his seat,
make and subscribe before the Governor, or some person appointed in that
behalf by him, an oath or affirmation according to the form set out for
the purpose in the Third Schedule
189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
(1)
Save as otherwise provided in this Constitution, all questions at any
sitting of a House of the legislature of a State shall be determined by a
majority of votes of the members present and voting, other than the
Speaker or Chairman, or person acting as such The Speaker or Chairman,
or person acting as such, shall not vote in the first instance, but
shall have and exercise a casting vote in the case of an equality of
votes
(2) A House of the
Legislature of a State shall have power to act notwithstanding any
vacancy in the membership thereof, and any proceedings in the
legislature of a State shall be valid notwithstanding that it is
discovered subsequently that some person who was not entitled so to do
sat or voted or otherwise took part in the proceedings
(3)
Until the Legislature of the State by law otherwise provides, the
quorum to constitute a meeting of a House of the Legislature of a State
shall be ten members or one tenth of the total number of members of the
House, whichever is greater
(4)
If at any time during a meeting of the Legislative Assembly or the
Legislative council of a State there is no quorum, it shall be the duty
of the Speaker or Chairman, or person acting as such, either to adjourn
the House or to suspend the meeting until there is a quorum
Disqualifications of Members
190. Vacation of seats
(1)
No person shall be a member of both Houses of the legislature of a
State and provision shall be made by the Legislature of the State by law
for the vacation by a person who is chosen a member of both Houses of
his seat in one House or the other
(2)
No person shall be a member of the legislatures of two or more States
specified in the First Schedule and if a person is chosen a member of
the Legislatures of two or more such States, then, at the expiration of
such period as may be specified in rules made by the President, that
persons seat in the Legislatures of all such States shall become vacant,
unless he has previously resigned his seat in the Legislatures of all
but one of the States
(3) If a member of a House of the Legislature of a State
(a) becomes subject to any of the disqualifications mentioned in clause ( 1 ) or clause ( 2 ) of Article 191; or
(b)
resigns his seat by writing under his hand addressed to the Speaker or
the Chairman, as the case may be, and his resignation is accepted by th
Speaker or the Chairman, as the case may be, his seat shall thereupon
becomes vacant: Provided that in the case of any resignation referred to
in sub clause (b), if from information received or otherwise and after
making such inquiry as he thinks fit, the Speaker or the Chairman, as
the case may be, is satisfied that such resignation is not voluntary or
genuine, he shall not accept such resignation
(4)
If for a period of sixty days a member of a House of the Legislature of
a State is without permission of the House absent from all meetings
thereof, the House may declare his seat vacant: Provided that in
computing the said period of sixty days no account shall be taken of any
period during which the House is prorogued or is adjourned for more
than four consecutive days
191. Disqualifications for membership
(1)
A person shall be disqualified for being chosen as, and for being, a
member of the Legislative Assembly or Legislative Council of a State
(a)
if he holds any office of profit under the Government of India or the
Government of any State specified in the First Schedule, other than an
office declared by the Legislature of the State by law not to disqualify
its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d)
if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgement of
allegiance or adherence to a foreign State;
(e)
if he is so disqualified by or under any law made by Parliament
Explanation For the purposes of this clause, a person shall not be
deemed to hold an office of profit under the Government of India or the
Government of any State specified in the First Schedule by reason only
that he is a Minister either for the Union or for such State
(2)
A person shall be disqualified for being a member of the Legislative
Assembly or Legislative Council of a State if he is so disqualified
under the Tenth Schedule
192. Decision on questions as to disqualifications of members
(1)
If any question arises as to whether a member of a House of the
Legislature of a State has become subject to any of the
disqualifications mentioned in clause ( 1 ) of Article 191, the question
shall be referred for the decision of the Governor and his decision
shall be final
(2) Before giving
any decision on any such question, the Governor shall obtain the opinion
of the Election Commission and shall act according to such opinion
193.
Penalty for sitting and voting before making oath or affirmation under
Article 188 or when not qualified or when disqualified If a person sits
or votes as a member of the Legislative Assembly or the Legislative
Council of a State before he has complied with the requirements of
Article 188, or when he knows that he is not qualified or that he is
disqualified for membership thereof, or that he is prohibited from so
doing by the provisions of any law made by Parliament or the legislature
of the State, he shall be liable in respect of each day on which he so
sits or votes to a penalty of five hundred rupees to be recovered as a
debt due to the State Powers, Privileges and Immunities of State
Legislatures and their Members
194. Powers, privileges, etc, of the House of Legislatures and of the members and committees thereof
(1)
Subject to the provisions of this Constitution and to the rules and
standing orders regulating the procedure of the Legislature, there shall
be freedom of speech in the Legislature of every State
(2)
No member of the Legislature of a State shall be liable to any
proceedings in any court in respect of anything said or any vote given
by him in the Legislature or any committee thereof, and no person shall
be so liable in respect of the publication by or under the authority of a
House of such a Legislature of any report, paper, votes or proceedings
(3)
In other respects, the powers, privileges and immunities of a House of
the Legislature of a State, and of the members and the committees of a
House of such Legislature, shall be such as may from time to time be
defined by the Legislature by law, and, until so defined, shall be those
of that House and of its members and committees immediately before the
coming into force of Section 26 of the Constitution forty fourth
Amendment Act, 1978
(4) The
provisions of clauses ( 1 ), ( 2 ) and ( 3 ) shall apply in relation to
persons who by virtue of this Constitution have the right to speak in,
and otherwise to take part in the proceedings of a House of the
Legislature of a State or any committee thereof as they apply in
relation to members of that Legislature
195.
Salaries and allowances of members Members of the Legislative Assembly
and the Legislative Council of a State shall be entitled to receive such
salaries and allowances as may from time to time be determined, by the
Legislature of the State by law and, until provision in that respect is
so made, salaries and allowances at such rates and upon such conditions
as were immediately before the commencement of the Constitution
applicable in the case of members of the Legislative Assembly of the
corresponding Province Legislative Procedure
196. Provisions as to introduction and passing of Bills
(1)
Subject to the provisions of Article 198 and 207 with respect o Money
Bills and other financial Bills, a Bill may originate in either House of
the Legislature of a State which has a Legislative Council
(2)
Subject to the provisions of Article 197 and 198, a Bill shall not be
deemed to have been passed by the Houses of the Legislature of a State
having a legislative Council unless it has been agreed to by both
Houses, either without amendment or with such amendments only as are
agreed to by both Houses
(3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof
(4)
A Bill pending in the Legislative Council of a State which has not been
passed by the Legislative Assembly shall not lapse on a dissolution of
the Assembly
(5) A Bill which is
pending in the Legislative Assembly of a State, or which having been
passed by the Legislative Assembly is pending in the Legislative
Council, shall lapse on a dissolution of the Assembly
197. Restriction on powers of Legislative Council as to Bills other than Money Bills
(1)
If after a Bill has been passed by the Legislative Assembly of a State
having a Legislative Council and transmitted to the Legislative Council
(a) the Bill is rejected by the Council; or
(b)
more than three months elapse from the date on which the Bill is laid
before the Council without the Bill being passed by it; or
(c)
the Bill is passed by the Council with amendments to which the
Legislative Assembly does not agree; the Legislative Assembly may,
subject to the rules regulating its procedure, pass the Bill again in
the same or in any subsequent session with or without such amendments,
if any, as have been made, suggested or agreed to by the Legislative
Council and then transmit the Bill as so passed to the Legislative
Council
(2) If after a Bill has
been so passed for the second time by the Legislative Assembly and
transmitted to the Legislative Council
(a) the Bill is rejected by the Council; or
(b)
more than one month elapses from the date on which the Bill is laid
before the Council without the Bill being passed by it; or
(c)
the Bill is passed by the Council with amendments to which the
Legislative Assembly does not agree; the Bill shall be deemed to have
been passed by the Houses of the Legislature of the State in the form in
which it was passed by the Legislative Assembly for the second time
with such amendments, if any, as have been made or suggested by the
Legislative Council and agreed to by the Legislative Assembly
(3) Nothing in this article shall apply to a Money Bill
198. Special procedure in respect of Money Bills
(1) A Money Bill shall not be introduced in a Legislative Council
(2)
) After a Money Bill has been passed by the Legislative Assembly of a
State having a Legislative Council, it shall be transmitted to the
Legislative Council for its recommendations, and the Legislative Council
shall within a period of fourteen days from the date of its receipt of
the Bill return the Bill to the Legislative Assembly with its
recommendations, and the Legislative Assembly may thereupon either
accept or reject all or any of the recommendations of the Legislative
Council
(3) If the Legislative
Assembly accepts any of the recommendations of the Legislative Council,
the Money Bill shall be deemed to have been passed by both Houses with
the amendments recommended by the Legislative Council and accepted by
the Legislative Assembly
(4) If
the Legislative Assembly does not accept any of the recommendations of
the Legislative Council, the Money Bill shall be deemed to have been
passed by both Houses in the form in which it was passed by the
Legislative Assembly without any of the amendments recommended by the
Legislative Council
(5) If a
Money Bill passed by the Legislative Assembly and transmitted to the
Legislative Council for its recommendations is not returned to the
Legislative Assembly within the said period of fourteen days, it shall
be deemed to have been passed by both Houses at the expiration of the
said period in the form in which it was passed by the Legislative
Assembly
199. Definition of Money Bills
(1)
For the purposes of this Chapter, a Bill shall be deemed to be a Money
Bill if it contains only provisions dealing with all or any of the
following matters, namely:
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b)
the regulation of the borrowing of money or the giving of any guarantee
by the State, or the amendment of the law with respect to any financial
obligations undertaken or to be undertaken by the State;
(c)
the custody of the Consolidated Fund or the Contingency Fund of the
State, the payment of moneys into or the withdrawal of moneys from any
such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of the State;
(e)
the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of the State, or the increasing of the amount of any
such expenditure;
(f) the receipt
of money on account of the Consolidated Fund of the State or the public
account of the State or the custody or issue of such money; or
(g) any matter incidental to any of the matters specified in sub clauses (a) to (f)
(2)
A Bill shall not be deemed to be a Money Bill by reason only that it
provides for the imposition of fines or other pecuniary penalties, or
for the demand or payment of fees for licences or fees for services
rendered, or by reason that it provides for the imposition, abolition,
remission, alteration or regulation of any tax by any local authority or
body for local purposes
(3) If
any question arises whether a Bill introduced in the Legislature of a
State which has a Legislative Council is a Money Bill or not, the
decision of the Speaker of the Legislative Assembly of such State
thereon shall be final
(4) There
shall be endorsed on every Money Bill when it is transmitted to the
Legislative Council under Article 198, and when it is presented to the
Governor for assent under Article 200, the certificate of the Speaker of
the Legislative Assembly signed by him that it is a Money Bill
200.
Assent to Bills When a Bill has been passed by the Legislative Assembly
of a State or, in the case of a State having a Legislative Council, has
been passed by both Houses of the Legislature of the State, it shall be
presented to the Governor and the Governor shall declare either that he
assents to the Bill or that he withholds assent therefrom or that he
reserves the Bill for the consideration of the President: Provided that
the Governor may, as soon as possible after the presentation to him of
the Bill for assent, return the Bill if it is not a Money Bill together
with a message requesting that the House or Houses will reconsider the
Bill or any specified provisions thereof and, in particular, will
consider the desirability of introducing any such amendments as he may
recommend in his message and, when a Bill is so returned, the House or
Houses shall reconsider the Bill accordingly, and if the Bill is passed
again by the House or Houses with or without amendment and presented to
the Governor for assent, the Governor shall not withhold assent
therefrom: Provided further that the Governor shall not assent to, but
shall reserve for the consideration of the President, any Bill which in
the opinion of the Governor would, if it became law, so derogate from
the powers of the High Court as to endanger the position which that
Court is by this Constitution designed to fill
201.
Bill reserved for consideration When a Bill is reserved by a Governor
for the consideration of the President, the President shall declare
either that he assents to the Bill or that he withholds assent
therefrom: Provided that, where the Bill is not a Money Bill, the
President may direct the Governor to return the Bill to the House or, as
the case may be, the Houses of the Legislature of the State together
with such a message as it mentioned in the first proviso to Article 200
and, when a Bill is so returned, the House or Houses shall reconsider it
accordingly within a period of six months from the date of receipt of
such message and, if it is again passed by the House or Houses with or
without amendment, it shall be presented again to the President for his
consideration Procedure in Financial Matters
202. Annual financial statement
(1)
The Governor shall in respect of every financial year cause to be laid
before the House or Houses of the Legislature of the State a statement
of the estimated receipts and expenditure of the State for that year, in
this Part referred to as the annual financial statement
(2) The estimates of expenditure embodied in the annual financial statement shall show separately
(a)
the sums required to meet expenditure described by this Constitution as
expenditure charged upon the Consolidated Fund of the State; and
(b)
the sums required to meet other expenditure proposed to be made from
the Consolidated Fund of the State; and shall distinguish expenditure on
revenue account from other expenditure
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State
(a) the emoluments and allowances of the Governor and other expenditure relating to his office;
(b)
the salaries and allowances of the Speaker and the Deputy Speaker of
the Legislative Assembly and, in the case of State having a Legislative
Council, also of the Chairman and the Deputy Chairman of the Legislative
Council;
(c) debt charges for
which the State is liable including interest, sinking fund charges and
redemption charges, and other expenditure relating to the raising of
loans and the service and redemption of debt;
(d) expenditure in respect of the salaries and allowances of Judges of any High Court;
(e) any sums required to satisfy and judgment, decree or award of any court or arbitral tribunal;
(f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged
203. Procedure in Legislature with respect to estimates
(1)
So much of the estimates as relates to expenditure charged upon the
Consolidated Fund of a State shall not be submitted to the vote of the
Legislative Assembly, but nothing in this clause shall be construed as
preventing the discussion in the Legislature of any of those estimates
(2)
So much of the said estimates as relates to other expenditure shall be
submitted in the form of demands for grants to the Legislative Assembly,
and the Legislative Assembly shall have power to assent, or to refuse
to assent, to any demand, or to assent to any demand subject to a
reduction of the amount specified therein
(3) No demand for a grant shall be made except on the recommendation of the Governor
204. Appropriation Bills
(1)
As soon as may be after the grants under article 203 have been made by
the Assembly, there shall be introduced a Bill to provide for the
appropriation out of the Consolidated Fund of the State of all moneys
required to meet
(a) the grants so made by the assembly; and
(b)
the expenditure charged on the Consolidated Fund of the State but not
exceeding in any case the amount shown in the statement previously laid
before the House or Houses
(2) No
amendment shall be proposed to any such Bill in the House or either
House of the Legislature of the State which will have the effect of
varying the amount or altering the destination of any grant so made or
of varying the amount of any expenditure charged on the Consolidated
Fund of the State, and the decision of the person presiding as to
whether an amendment is inadmissible under this clause shall be final
(3)
Subject to the provisions of articles 205 and 206, no money shall be
withdrawn from the Consolidated Fund of the State except under
appropriation made by law passed in accordance with the provisions of
this article
205. Supplementary, additional or excess grants
(1) The Governor shall
(a)
if the amount authorised by any law made in accordance with the
provisions of article 204 to be expended for a particular service for
the current financial year is found to be insufficient for the purposes
of that year or when a need has arisen during the current financial year
for supplementary or additional expenditure upon some new service not
contemplated in the annual financial statement for that year, or
(b)
if any money has been spent on any service during a financial year in
excess of the amount granted for that service and for that year, cause
to be laid before the House or the Houses of the Legislature of the
State another statement showing the estimated amount of that expenditure
or cause to be presented to the Legislative Assembly of the State a
demand for such excess, as the case may be
(2)
The provisions of articles 202, 203 and 204 shall have effect in
relation to any such statement and expenditure or demand and also to any
law to be made authorising the appropriation of moneys out of the
Consolidated Fund of the State to meet such expenditure or the grant in
respect of such demand as they have effect in relation to the annual
financial statement and the expenditure mentioned therein or to a demand
for a grant and the law to be made for the authorisation of
appropriation of moneys out of the Consolidated Fund of the State to
meet such expenditure or grant
206. Votes on account, votes of credit and exceptional grants
(1) Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power
(a)
to make any grant in advance in respect of the estimated expenditure
for a part of any financial year pending the completion of the procedure
prescribed in article 203 for the voting of such grant and the passing
of the law in accordance with the provisions of article 204 in relation
to that expenditure;
(b) to make a
grant for meeting an unexpected demand upon the resources of the State
when on account of the magnitude or the indefinite character of the
service the demand cannot be stated with the details ordinarily given in
an annual financial statement;
(c)
to make an exceptional grant which forms no part of the current service
of any financial year, and the Legislature of the State shall have
power to authorise by law the withdrawal of moneys from the Consolidated
Fund of the State for the purposes for which the said grants are made
(2)
The provisions of articles 203 and 204 shall have effect in relation to
the making of any grant under clause ( 1 ) and to any law to be made
under that clause as they have effect in relation to the making of a
grant with regard to any expenditure mentioned in the annual financial
statement and the law to be made for the authorisation of appropriation
of moneys out of the Consolidated Fund of the State to meet such
expenditure
207. Special provisions as to financial Bills
(1)
A Bill or amendment making provision for any of the matters specified
in sub clause (a) to (f) of clause ( 1 ) of article 199 shall not be
introduced or moved except on the recommendation of the Governor, and a
Bill making such provision shall not be introduced in a Legislative
Council: Provided that no recommendation shall be required under this
clause for the moving of an amendment making provision for the reduction
or abolition of any tax
(2) A
Bill or amendment shall not be deemed to make provision for any of the
matters aforesaid by reason only that it provides for the imposition of
fines or other pecuniary penalties, or for the demand or payment of fees
for licences or fees for services rendered, or by reason that it
provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes
(3)
A Bill which, if enacted and brought into operation, would involve
expenditure from the Consolidated Fund of a State shall not be passed by
a House of the Legislature of the State unless the Governor has
recommended to that House the consideration of the Bill Procedure
Generally
208. Rules of procedure
(1)
A House of the Legislature of a State may make rules for regulating
subject to the provisions of this Constitution, its procedure and the
conduct of its business
(2) Until
rules are made under clause ( 1 ), the rules of procedure and standing
orders in force immediately before the commencement of this Constitution
with respect to the Legislature for the corresponding Province shall
have effect in relation to the Legislature of the State subject to such
modifications and adaptations as may be made therein by the Speaker of
the Legislative Assembly, or the Chairman of the Legislative Council, as
the case may be
(3) In a State
having a Legislative Council the Governor, after consultation with the
Speaker of the Legislative Assembly and the Chairman of the legislative
Council, may make rules as to the procedure with respect to
communications between the two Houses
209.
Regulation by law of procedure in the Legislature of the State in
relation to financial business The Legislature of a State may, for the
purpose of the timely completion of financial business, regulate by law
the procedure of, and the conduct of business in, the House or Houses of
the Legislature of the State in relation to any financial matter or to
any Bill for the appropriation of moneys out of the Consolidated Fund of
the State, and, if and so far as any provision of any law so made is
inconsistent with any rule made by the House or either House of the
Legislature of the State under clause ( 1 ) of article 208 or with any
rule or standing order having effect in relation to the Legislature of
the State under clause ( 2 ) of that article, such provision shall
prevail
210. Language to be used in the Legislature
(1)
Notwithstanding anything in Part XVII, but subject to the provisions of
article 348, business in the Legislature of a State shall be transacted
in the official language or languages of the State or in Hindi or in
English: Provided that the Speaker of the Legislative Assembly or
Chairman of the Legislative Council, or person acting as such, as the
case may be, may permit any member who cannot adequately express himself
in any of the languages aforesaid to address the House in his mother
tongue
(2) Unless the Legislature
of the State by law otherwise provides, this article shall, after the
expiration of a period of fifteen years from the commencement of this
Constitution, have effect as if the words or in English were omitted
here from: Provided that in relation to the Legislatures of the States
of Himachal Pradesh, Manipur, Meghalaya and Tripura this clause shall
have effect as if for the words fifteen years occurring therein, the
words twenty five years were substituted: Provided further that in
relation to the Legislature of the States of Arunachal Pradesh, Goa and
Mizoram, this clause shall have effect as if for the words fifteen years
occurring therein, the words forty years were substituted
211.
Restriction on discussion in the Legislature No discussion shall take
place in the Legislature of a State with respect to the conduct of any
Judge of the Supreme Court or of a High Court in the discharge of his
duties
212. Courts not to inquire into proceedings of the Legislature
(1)
The validity of any proceedings in the Legislature of a State shall not
be called in question on the ground of any alleged irregularity of
procedure
(2) No officer or
member of the Legislature of a State in whom powers are vested by or
under this Constitution for regulating procedure or the conduct of
business, or for maintaining order, in the Legislature shall be subject
to the jurisdiction of any court in respect of the exercise by him of
those powers CHAPTER IV LEGISLATIVE POWER OF THE GOVERNOR
213. Power of Governor to promulgate Ordinances during recess of Legislature
(1)
If at any time, except when the Legislative Assembly of a State is in
session, or where there is a Legislative Council in a State, except when
both Houses of the Legislature are in session, the Governor is
satisfied that circumstances exist which render it necessary for him to
take immediate action, he may promulgate such Ordinance as the
circumstances appear to him to require: Provided that the Governor shall
not, without instructions from the President, promulgate any such
Ordinance if
(a) a Bill
containing the same provisions would under this Constitution have
required the previous sanction of the President for the introduction
thereof into the Legislature; or
(b)
he would have deemed it necessary to reserve a Bill containing the same
provisions for the consideration of the President; or
(c)
an Act of the Legislature of the State containing the same provisions
would under this Constitution have been invalid unless, having been
reserved for the consideration of the President, it had received the
assent of the President
(2) An
Ordinance promulgated under this article shall have the same force and
effect as an Act of Legislature of the State assented to by the
Governor, but every such Ordinance
(a)
shall be laid before the legislative Assembly of the State, or where
there is a Legislative Council in the State, before both the House, and
shall cease to operate at the expiration of six weeks from the
reassembly of the Legislature, or if before the expiration of that
period a resolution disapproving it is passed by the Legislative
Assembly and agreed to by the Legislative Council, if any, upon the
passing of the resolution or, as the case may be, on the resolution
being agreed to by the Council; and
(b)
may be withdrawn at any time by the Governor Explanation Where the
Houses of the Legislature of a State having a Legislative Council are
summoned to reassemble on different dates, the period of six weeks shall
be reckoned from the later of those dates for the purposes of this
clause
(3) If and so far as an
Ordinance under this article makes any provision which would not be
valid if enacted in an Act of the legislature of the State assented to
by the Governor, it shall be void: Provided that, for the purposes of
the provisions of this Constitution relating to the effect of an Act of
the Legislature of a State which is repugnant to an Act of Parliament or
an existing law with respect to a matter enumerated in the Concurrent
List, an Ordinance promulgated under this article in the Concurrent
List, an Ordinance promulgated under this article in pursuance of
instructions from the President shall be deemed to be an Act of the
Legislature of the State which has been reserved for the consideration
of the president and assented to by him CHAPTER V THE HIGH COURTS IN THE
STATES
214. High Courts for States There shall be a High Court for each State
215.
High Courts to be courts of record Every High Court shall be a court of
record and shall have all the powers of such a court including the
power to punish for contempt of itself
216.
Constitution of High Courts Every High Court shall consist of a Chief
Justice and such other Judges as the President may from time to time
deem it necessary to appoint
217. Appointment and conditions of the office of a Judge of a High Court
(1)
Every Judge of a High Court shall be appointed by the President by
warrant under his hand and seal after consultation with the Chief
Justice of India, the Governor of the State, and, in the case of
appointment of a Judge other than the chief Justice, the chief Justice
of the High court, and shall hold office, in the case of an additional
or acting Judge, as provided in Article 224, and in any other case,
until he attains the age of sixty two years Provided that
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b)
a Judge may be removed from his office by the President in the manner
provided in clause ( 4 ) of Article 124 for the removal of a Judge of
the Supreme Court;
(c) the office
of a Judge shall be vacated by his being appointed by the President to
be a Judge of the Supreme Court or by his being transferred by the
President to any other High Court within the territory of India
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and
(a) has for at least ten years held a judicial office in the territory of India; or
(b)
has for at least ten years been an advocate of a High Court or of two
or more such Courts in succession; Explanation For the purposes of this
clause
(a) in computing the
period during which a person has held judicial office in the territory
of India, there shall be included any period, after he has held any
judicial office, during which the person has been an Advocate of a High
Court or has held the office of a member of a tribunal or any post,
under the Union or a State, requiring special knowledge of law;
(aa)
in computing the period during which a person has been an advocate of a
High Court, there shall be included any period during which the person
has held judicial office or the office of a member of a tribunal or any
post, under the Union or a State, requiring special knowledge of law
after he became an advocate;
(b)
in computing the period during which a person has held judicial office
in the territory of India or been an advocate of High Court, there shall
be included any period before the commencement of this Constitution
during which he has held judicial office in any area which was comprised
before the fifteenth day of August, 1947 , within India as defined by
the Government of India Act, 1935 , or has been an advocate of any High
Court in any such area, as the case may be
(3)
If any question arises as to the age of a Judge of a High Court, the
question shall be decided by the President after consultation with the
Chief Justice of India and the decision of the President shall be final
218.
Application of certain provisions relating to Supreme Court to High
Courts The provisions of clauses ( 4 ) and ( 5 ) of Article 124 shall
apply in relation to a High Court as they apply in relation to the
Supreme Court with the substitution of references to the High Court for
references to the Supreme Court
219.
Oath or affirmation by Judges of High Courts Every person appointed to
be a Judge of a High Court shall, before he enters upon his office, make
and subscribe before the Governor of the State, or some person
appointed in that behalf by him, an oath or affirmation according to the
form set out for the purpose in the Third Schedule
220.
Restriction on practice after being a permanent Judge No person who,
after the commencement of this Constitution, has held office as a
permanent Judge of a High Court shall plead or act in any court or
before any authority in India except the Supreme Court and the other
High Courts Explanation In this article, the expression High Court does
not include a High Court for a State specified in Part B of the First
Schedule as it existed before the commencement of the Constitution
(seventh Amendment) Act, 1956
221. Salaries etc, of Judges
(1)
There shall be paid to the Judges of each High Court such salaries as
may be determined by Parliament by law and, until provision in that
behalf is so made, such salaries as are specified in the Second Schedule
(2)
Every Judge shall be entitled to such allowances and to such rights in
respect of leave of absence and pension as may from time to time be
determined by or under law made by Parliament and, until so determined,
to such allowances and rights as are specified in the Second Schedule:
Provided that neither the allowances of a Judge nor his rights in
respect of leave of absence shall be varied to his disadvantage after
his appointment
222. Transfer of a Judge from one High Court to another
(1)
The President may, after consultation with the Chief Justice of India,
transfer a Judge from one High Court to any other High Court
(2)
When a Judge has been or is so transferred, he shall, during the period
he serves, after the commencement of the Constitution (Fifteenth
Amendment) Act, 1963 , as a Judge of the other High Court, be entitled
to receive in addition to his salary such compensatory allowance as may
be determined by Parliament by law and, until so determined, such
compensatory allowance as the President may by order fix
223.
Appointment of acting Chief Justice When the office of Chief Justice of
High Court is vacant or when any such Chief Justice is, by reason of
absence or otherwise, unable to perform the duties of his office, the
duties of the office shall be performed by such one of the other Judges
of the Court as the President may appoint for the purposes
224. Appointment of additional and acting Judges
(1)
If by reason of any temporary increase in the business of High Court or
by reason of arrears of work therein, it appears to the President that
the number of the Judges of that Court should be for the time being
increased, the President may appoint duly qualified persons to be
additional Judges of the Court for such period not exceeding two years
as he may specific
(2) When any
Judge of a High Court other than the Chief Justice is by reason of
absence or for any other reason unable to perform the duties of his
office or is appointed to act temporarily as Chief Justice, the
President may appoint a duly qualified person to act as a Judge of that
Court until the permanent Judge has resumed his duties
(3)
No person appointed as an additional or acting Judge of a High Court
shall hold office after attaining the age of sixty two years
224.
A Appointment of retired Judges at sittings of High Courts
Notwithstanding anything in this Chapter, the Chief Justice of a High
Court for any State may at any time, with the previous consent of the
President, request any person who has held the office of Judge of that
Court or of any other High Court to sit and act as a Judge of the High
Court for that State, and every such person so requested shall, while so
sitting and acting, be entitled to such allowances as the President may
by order determine and have all the jurisdiction, powers and privileges
of, but shall not otherwise be deemed to be, a Judge of that High
Court: Provided that nothing in this article shall be deemed to require
any such person as aforesaid to sit and act as a Judge of that High
Court unless he consents so to do
225.
Jurisdiction of existing High Courts Subject to the provisions of this
Constitution and to the provisions of any law of the appropriate
Legislature made by virtue of powers conferred on that Legislature by
this Constitution, the jurisdiction of, and the law administered in, any
existing High Court, and the respective powers of the Judges thereof in
relation to the administration of justice in the Court, including any
power to make rules of Court and to regulate the sittings of the Court
and of members thereof sitting alone or in Division Courts, shall be the
same as immediately before the commencement of this Constitution:
Provided that any restriction to which the exercise of original
jurisdiction by any of the High Courts with respect to any matter
concerning the revenue or concerning any act ordered or done in the
collection thereof was subject immediately before the commencement of
this Constitution shall no longer apply to the exercise of such
jurisdiction
226. Power of High Courts to issue certain writs
(1)
Notwithstanding anything in Article 32 every High Court shall have
powers, throughout the territories in relation to which it exercise
jurisdiction, to issue to any person or authority, including in
appropriate cases, any Government, within those territories directions,
orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibitions, quo warranto and certiorari, or any of them, for
the enforcement of any of the rights conferred by Part III and for any
other purpose
(2) The power
conferred by clause ( 1 ) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High Court
exercising jurisdiction in relation to the territories within which the
cause of action, wholly or in part, arises for the exercise of such
power, notwithstanding that the seat of such Government or authority or
the residence of such person is not within those territories
(3)
Where any party against whom an interim order, whether by way of
injunction or stay or in any other manner, is made on, or in any
proceedings relating to, a petition under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b)
giving such party an opportunity of being heard, makes an application
to the High Court for the vacation of such order and furnishes a copy of
such application to the party in whose favour such order has been made
or the counsel of such party, the High Court shall dispose of the
application within a period of two weeks from the date on which it is
received or from the date on which the copy of such application is so
furnished, whichever is later, or where the High Court is closed on the
last day of that period, before the expiry of the next day afterwards on
which the High Court is open; and if the application is not so disposed
of, the interim order shall, on the expiry of that period, or, as the
case may be, the expiry of the aid next day, stand vacated
(4)
The power conferred on a High Court by this article shall not be in
derogation of the power conferred on the Supreme court by clause ( 2 )
of Article 32
226. A Constitutional validity of Central laws not to be considered in proceedings under Article 226 Omitted
227. Power of superintendence over all courts by the High Court
(1)
Every High Court shall have superintendence over all courts and
tribunals throughout the territories interrelation to which it exercises
jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3)
The High Court may also settle tables of fees to be allowed to the
sheriff and all clerks and officers of such courts and to attorneys,
advocates and pleaders practising therein: Provided that any rules made,
forms prescribed or tables settled under clause ( 2 ) or clause ( 3 )
shall not be inconsistent with the provision of any law for the time
being in force, and shall require the previous approval of the Governor
(4)
Nothing in this article shall be deemed to confer on a High Court
powers of superintendence over any court or tribunal constituted by or
under any law relating to the Armed Forces
228.
Transfer of certain cases to High Court If the High Court is satisified
that a case pending in a court subordinate to it involves a substantial
question of law as to the interpretation of this Constitution the
determination of which is necessary for the disposal of the case, it
shall withdraw the case and may
(a) either dispose of the case itself, or
(b)
determine the said question of law and return the case to the court
from which the case has been so withdrawn together with a copy of its
judgment on such question, and the said court shall on receipt thereof
proceed to dispose of the case in confirmity with such judgment
228A.
Special provisions as to disposal of question relating to
constitutional validity of State Laws Rep by the Constitution (Forty
third Amendment) Act, 1977 , sec 10, (w e f 13 4 1978 )
229. Officers and servants and the expenses of High Courts
(1)
Appointments of officers and servants of a High Court shall be made by
the Chief Justice of the Court or such other Judge or officer of the
Court as he may direct: Provided that the Governor of the State may by
rule require that in such cases as may be specified in the rule no
person not already attached to the Court shall be appointed to any
office connected with the Court save after consultation with the State
Public Service Commission
(2)
Subject to the provisions of any law made by the Legislature of the
State, the conditions of service of officers and servants of a High
Court shall be such as may be prescribed by rules made by the Chief
Justice of the Court or by some other Judge or officer of the Court
authorised by the Chief Justice to make rules for the purpose: Provided
that the rules made under this clause shall, so far as they relate to
salaries, allowances, leave or pensions, require the approval of the
Governor of the State
(3) The
administrative expenses of a High Court, including all salaries,
allowacnes and pensions payable to or in respect of the officers and
servants of the court, shall be charged upon the Consolidated Fund of
the State, and any fees or other moneys taken by the Court shall form
part of that Fund
230. Extension of jurisdiction of High Courts to Union territories
(1)
Parliament may by law extend the jurisdiction of a High Court to, or
exclude the jurisdiction of a High Court from, any Union territory
(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory:
(a)
nothing in this Constitution shall be construed as empowering the
Legislature of the State to increase, restrict or abolish that
jurisdiction; and
(b) the
reference in article 227 to the Governor shall, in relation to any
rules, forms or tables for subordinate courts in that territory, be
construed as a reference to the President
231. Establishment of a common High Court for two or more States
(1)
Notwithstanding anything contained in the preceding provisions of this
Chapter, Parliament may by law establish a common High Court for two or
more States or for two or more States and a Union territory
(2) In relation to any such High Court,
(a)
the reference in article 217 to the Governor of the State shall be
construed as a reference to the Governors of all the States in relation
to which the High Court exercises jurisdiction;
(b)
the reference in article 227 to the Governor shall, in relation to any
rules, forms or tables for subordinate courts, be construed as a
reference to the Governor of the State in which the Subordinate Courts
are situate; and
(c) the
reference in articles 219 and 229 to the State shall be construed as a
reference to the State in which the High Court has its principal seat:
Provided that if such principal seat is in a Union territory, the
references in articles 210 and 229 to the Governor, Public Service
Commission, Legislature and Consolidated Fund of the State shall be
construed respectively as references to the President, Union Public
Service Commission, Parliament and Consolidated Fund of India
232. Omitted by the Constitution 7 th Amendment Act, 1956 CHAPTER VI SUBORDINATE COURTS
233. Appointment of district judges
(1)
Appointments of persons to be, and the posting and promotion of,
district judges in any State shall be made by the Governor of the State
in consultation with the High Court exercising jurisdiction in relation
to such State
(2) A person not
already in the service of the Union or of the State shall only be
eligible to be appointed a district judge if he has been for not less
than seven years an advocate or a pleader and is recommended by the High
Court for appointment
233. A
Validation of appointments of, and judgments, etc, delivered by, certain
district judges Notwithstanding any judgment, decree or order of any
court,
(a)
(i)
no appointment of any person already in the judicial service of a State
or of any person who has been for not less than seven years an advocate
or a pleader, to be a district judge in that State, and
(ii)
no posting, promotion or transfer of any such person as a district
judge, made at any time before the commencement of the Constitution
(Twentieth Amendment) Act, 1966 , otherwise than in accordance with the
provisions of Article 233 or Article 235 shall be deemed to be illegal
or void or ever to have become illegal or void by reason only of the
fact that such appointment, posting, promotion or transfer was not made
in accordance with the said provisions;
(b)
no jurisdiction exercised, no judgment, decree, sentence or order
passed or made, and no other act or proceeding done or taken, before the
commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or
before, any person appointed, posted, promoted or transferred as a
district judge in any State otherwise than in accordance with the
provisions of Article 233 or Article 235 shall be deemed to be illegal
or invalid or ever to have become illegal or invalid by reason only of
the fact that such appointment, posting, promotion or transfer was not
made in accordance with the said provisions
234.
Recruitment of persons other than district judges to the judicial
service Appointment of persons other than district judges to the
judicial service of a State shall be made by the Governor of the State
in accordance with rules made by him in that behalf after consultation
with the State Public Service Commission and with the High Court
exercising jurisdiction in relation to such State
235.
Control over subordinate courts The control over district courts and
courts subordinate thereto including the posting and promotion of, and
the grant of leave to, persons belonging to the judicial service of a
State and holding any post inferior to the post of district judge shall
be vested in the High Court, but nothing in this article shall be
construed as taking away from any such person any right of appeal which
he may under the law regulating the conditions of his service or as
authorising the High Court to deal with him otherwise than in accordance
with the conditions of his service prescribed under such law
236. Interpretation In this Chapter
(a)
the expression district judge includes judge of a city civil court,
additional district judge, joint district judge, assistant district
judge, chief judge of a small cause court, chief presidency magistrate,
additional chief presidency magistrate, sessions judge, additional
sessions judge and assistant sessions judge;
(b)
the expression judicial service means a service consisting exclusively
of persons intended to fill the post of district judge and other civil
judicial posts inferior to the post of district judge
237.
Application of the provisions of this Chapter to certain class or
classes of magistrates The Governor may by public notification direct
that the foregoing provisions of this Chapter and any rules made
thereunder shall with effect from such date as may be fixed by him in
that behalf apply in relation to any class or classes of magistrates in
the State as they apply in relation to persons appointed to the judicial
service of the State subject to such exceptions and modifications as
may be specified in the notification
238. Omitted by the Constitution 7 th Amendment Act, 1956
PART VIII THE UNION TERRITORIES
PART VIII THE UNION TERRITORIES
239. Administration of Union territories
(1)
Save as otherwise provided by Parliament by law, every Union territory
shall be administered by the President acting, to such extent as he
thinks fit, through an administrator to be appointed by him with such
designation as he may specify
(2)
Notwithstanding anything contained in Part VI, the President may
appoint the Governor of a State as the administrator of an adjoining
Union territory, and where a Governor is so appointed, he shall exercise
his functions as such administrator independently of his Council of
Ministers
239. A Creation of local Legislatures or Council of Ministers or both for certain Union territories
(1) Parliament may by law create for the Union territory of Pondicherry
(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or
(b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law
(2)
Any such law as is referred to in clause ( 1 ) shall not be deemed to
be an amendment of this Constitution for the purposes of Article 368
notwithstanding that it contains any provision which amends or has the
effect of amending this Constitution
239B. Power of administrator to promulgate Ordinances during recess of Legislature
(1)
If at any time, except when the Legislature of the Union territory of
Pondicherry is in session, the administrator thereof is satisfied that
circumstances exist which render it necessary for him to take immediate
action, he may promulgate such Ordinances as the circumstances appear to
him to require: Provided that no such Ordinance shall be promulgated by
the administrator except after obtaining instructions from the
President in that behalf: Provided further that whenever the said
legislature is dissolved, or its functioning from the President shall be
deemed to be an Act of the Legislature of the Union territory which has
been duly enacted after complying with the provisions in that behalf
contained in any such law as is referred to in clause ( 1 ) of Article
239A, the administrator shall not promulgate any Ordinance during the
period of such dissolution or suspension
(2)
An Ordinance promulgated under this article in pursuance of
instructions from the President shall be deemed to be an Act of the
Legislature of the Union territory which has been duly enacted after
complying with the provisions in that behalf contained in any such law
as is referred to in clause ( 1 ) of Article 239A, but every such
Ordinance
(a) shall be laid
before the Legislature of the Union territory and shall cease to operate
at the expiration of six weeks from the reassembly of the legislature
or if, before the expiration of that period, a resolution disapproving
it is passed by the Legislature, upon the passing of the resolution; and
(b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf
(3)
If and so far as an Ordinance under this article makes any provision
which would not be valid if enacted in an Act of the Legislature of the
Union territory made after complying with the provisions in that behalf
contained in any such law as is referred to in clause ( 1 ) of Article
239A, it shall be void
240. Power of President to make regulations for certain Union territories
(1) The President may make regulations for the peace, progress and good government of the Union territory of
(a) the Andaman and Nicobar Islands;
(b) Lakshadweep;
(c) Dadra and Nagar Haveli;
(d) Daman and Diu;
(e)
Pondicherry; Provided that when any body is created under Article 239A
to function as a Legislature for the Union territories of Pondicherry,
the President shall not make any regulation for the peace, progress and
good government of that Union territory with effect from the date
appointed for the first meeting of the Legislature: Provided further
that whenever the body functioning as a Legislature for the Union
territory of Pondicherry is dissolved, or the functioning of that body
as such Legislature remains suspended on account of any action taken
under any such law as is referred to in clause ( 1 ) of Article 239A,
the President may, during the period of such dissolution or suspension,
make regulations for the peace, progress and good government of that
Union territory
(2) Any
regulation so made may repeal or amend any Act made by Parliament or any
other law which is for the time being applicable to the Union territory
and, when promulgated by the President, shall have the same force and
effect as an Act of Parliament which applies to that territory
241. High Courts for Union territories
(1)
Parliament may by law constitute a High Court for a Union territory or
declare any court in any such territory to be a High Court for all or
any of the purposes of this Constitution
(2)
The provisions of Chapter V of Part VI shall apply in relation to every
High Court referred to in clause ( 1 ) as they apply in relation to a
High Court referred to in Article 214 subject to such modifications or
exceptions as Parliament may by law provide
(3)
Subject to the provisions of this Constitution and to the provisions of
any law of the appropriate Legislature made by virtue of powers
conferred on that Legislature by or under this Constitution, every High
Court exercising jurisdiction immediately before the commencement of the
Constitution (Seventh Amendment) Act, 1956 , in relation to any Union
territory shall continue to exercise such jurisdiction in relation to
that territory after such commencement
(4)
Nothing in this article derogates from the power of parliament to
extend or exclude the jurisdiction of a High Court for a State to, or
from, any Union territory or part thereof
242. Coorg Rep by the Constitution (Seventh Amendment) Act, 1956 , Section 29 and Schedule
PART IX THE PANCHAYATS
PART IX THE PANCHAYATS
243. Definitions In this Part, unless the context otherwise requires,
(a) district means a district in a State;
(b)
Gram Sabha means a body consisting of persons registered in the
electoral rolls relating to a village comprised within the area of
Panchayat at the village level;
(c)
intermediate level means a level between the village and district
levels specified by the Governor of a State by public notification to be
the intermediate level for the purposes of this Part;
(d)
Panchayat means an institution (by whatever name called) of self
government constituted under article 243B, for the rural areas;
(e) Panchayat area means the territorial area of a Panchayat;
(f)
population means the population as ascertained at the last preceding
census of which the relevant figures have been published;
(g)
village means a village specified by the Governor by public
notification to be a village for the purposes of this Part and includes a
group of villages so specified
243A.
Gram Sabha A Gram Sabha may exercise such powers and perform such
functions at the village level as the Legislature of a State may by law,
provide
243B. Constitution of Panchayats
(1)
There shall be constituted in every State, Panchayats at the village,
intermediate and district levels in accordance with the provisions of
this Part
(2) Notwithstanding
anything in clause ( 1 ), Panchayats at the intermediate level may not
be constituted in a State having a population not exceeding twenty lakhs
243C. Composition of Panchayats
(1)
Subject to the provisions of this Part, the Legislature of a State may,
by law, make provisions with respect to the composition of Panchayts:
Provided that the ratio between the population of the territorial area
of a Panchayat at any level and the number of seats in such Panchayat to
be filled by election shall, so far as practicable, be the same
throughout the State,
(2) All the
seats in a Panchayat shall be filled by persons chosen by direct
election from territorial constituencies in the Panchayat area and, for
this purpose, each Panchayat area shall be divided into territorial
constituencies in such manner that the ratio between the population of
each constituency and the number of seats allotted to it shall, so far
as practicable, be the same throughout the Panchayat area
(3) The Legislature of a State may, by law, provide for the representation
(a)
of the Chairpersons of the Panchayats at the village level, in the
Panchayats at the intermediate level or, in the case of a State not
having Panchayats at the intermediate level, in the Panchayats at the
district level;
(b) if the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level;
(c)
of the members of the House of the People and the members of the
Legislative Assembly of the State representing constituencies which
comprise wholly or partly a Panchayat area at a level other than the
village level, in such Panchayat;
(d)
of the members of the Council of States and the members of the
Legislative Council of the State, where they are registered as electors
within
(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;
(ii) a Panchayat area at the district level, in Panchayat at the district level
(4)
The Chairperson of a Panchayat and other members of a Panchayat whether
or not chosen by direct election from territorial constituencies in the
Panchayat area shall have the right to vote in the meetings of the
Panchayats
(5) The Chairperson of
(a) Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level, shall be elected by, and from amongst, the elected members thereof
243D. Reservation of seats
(1) Seats shall be reserved for
(a) the Scheduled Castes; and
(b)
the Scheduled Tribes, in every Panchayat and the number of seats so
reserved shall bear, as nearly as may be, the same proportion to the,
total number of seats to be filled by direct election in that Panchayat
as the population of the Scheduled Castes in that Panchayat area or of
the Scheduled Tribes in that Panchayat area bears to the total
population of that area and such seats may be allotted by rotation to
different constituencies in a Panchayat
(2)
Not less than one third of the total number of seats reserved under
clause ( 1 ) shall be reserved for women belonging, to the Scheduled
Castes or, as the case may be, the Scheduled Tribes
(3)
Not less than one third (including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled Tribes) of the
total number of seats to be filled by direct election in every
Panchayat shall be reserved for women and such seats may be allotted by
rotation to different constituencies in a Panchayat
(4)
The offices of the Chairpersons in the Panchayats at the village or any
other level shall be reserved for the Scheduled Castes the Scheduled
Tribes and women in such manner as the Legislature of a State may, by
law, provide: Provided that the number of offices of Chairpersons
reserved for the Scheduled Castes and the Scheduled Tribes in the
Panchayats at each level in any State shall bear, as nearly as may be,
the same proportion to the total number of such offices in the
Panchayats at each level as the population of the Scheduled Castes in
the State or of the Scheduled Tribes in the State bears to the total
population of the State: Provided further that not less than one third
of the total number of offices of Chairpersons in the Panchayats at each
level shall be reserved for women: Provided also that the number of
offices reserved under this clause shall be allotted by rotation to
different Panchayats at each level
(5)
The reservation of seats under clauses ( 1 ) and ( 2 ) and the
reservation of offices of Chairpersons (other than the reservation for
women) under clause ( 4 ) shall cease to have effect on the expiration
of the period specified in article 334
(6)
Nothing in this Part shall prevent the Legislature of a State from
making any provision for reservation of seats in any Panchayat or
offices of Chairpersons in the Panchayats at any level in favour of
backward class of citizens
243E. Duration of Panchayats, etc
(1)
Every Panchayat, unless sooner dissolved under any law for the time
being in force, shall continue for five years from the date appointed
for its first meeting and no longer
(2)
No amendment of any law for the time being in force shall have the
effect of causing dissolution of a Panchayat at any level, which is
functioning immediately before such amendment, till the expiration of
its duration specified in clause ( 1 )
(3) An election to constitute a Panchayat shall be completed
(a) before the expiry of its duration specified in clause ( 1 );
(b)
before the expiration of a period of six months from the date of its
dissolution: Provided that where the remainder of the period for which
the dissolved Panchayat would have continued is less than six months, it
shall not be necessary to hold any election under this clause for
constituting the Panchayat
(4) A
Panchayat constituted upon the dissolution of a Panchayat before the
expiration of its duration shall continue only for the remainder of the
period for which the dissolved Panchayat would have continued under
clause ( 1 ) had it not been so dissolved
243F. Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat
(a)
if he is so disqualified by or under any law for the time being in
force for the purposes of elections to the Legislature of the State
concerned: Provided that no person shall be disqualified on the ground
that be is less than twenty five years of age, if he has attained the
age of twenty one years;
(b) if he is so disqualified by or under any law made by the Legislature of the State
(2)
If any question arises as to whether a member of a Panchayat has become
subject to any of the disqualifications mentioned in clause ( 1 ), the
question shall be referred for the decision of such authority and in
such manner as the Legislature of a State may, by law, provide
243G.
Powers, authority and responsibilities of Panchayats Subject to the
provisions of this Constitution the Legislature of a State may, by law,
endow the Panchayats with such powers and authority and may be necessary
to enable them to function as institutions of self government and such
law may contain provisions for the devolution of powers and
responsibilities upon Panchayats, at the appropriate level, subject to
such conditions as may be specified therein, with respect to
(a) the preparation of plans for economic development and social justice;
(b)
the implementation of schemes for economic development and social
justice as may be entrusted to them including those in relation to the
matters listed in the Eleventh Schedule
243H. Powers to impose taxes by, and funds of, the Panchayats The Legislature of a State may, by law,
(a)
authorise a Panchayat to levy, collect and appropriate such taxes,
duties, tolls and fees in accordance with such procedure and subject to
such limits;
(b) assign to a
Panchayat such taxes, duties, tolls and fees levied and collected by the
State Government for such purposes and subject to such conditions and
limits;
(c) provide for making such grants in aid to the Panchayats from the Consolidated Fund of the State; and
(d)
provide for constitution of such Funds for crediting all moneys
received, respectively, by or on behalf of the Panchayats and also for
the withdrawal of such moneys therefrom, as may be specified in the law
243I. Constitution of finance Commissions to review financial position
(1)
The Governor of a State shall, as soon as may be within one year from
the commencement of the Constitution (Seventy third Amendment) Act, 1992
, and thereafter at the expiration of every fifth year, constitute a
Finance Commission to review the financial position of the Panchayats
and to make recommendations to the Governor as to
(a) the principles which should govern
(i)
the distribution between the State and the Panchayats of the net
proceeds of the taxes, duties, tolls and fees leviable by the State,
which may be divided between them under this Part and the allocation
between the Panchayats at all levels of their respective shares of such
proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;
(iii) the grants in aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats
(2)
The Legislature of a State may, by law, provide for the composition of
the Commission, the qualifications which shall be requisite for
appointment as members thereof and the manner in which they shall be
selected
(3) The Commission shall
determine their procedure and shall have such powers in the performance
of their functions as the Legislature of the State may, by law, confer
on them,
(4) The Governor shall
cause every recommendation made by the Commission under this article
together with an explanatory memorandum as to the action taken thereon
to be laid before the Legislature of the State
243J.
Audit of accounts of Panchayats The Legislature of a State may, by law,
make provisions with respect to the maintenance of accounts by the
Panchayats and the auditing of such accounts
243K.
Elections to the Panchayats The superintendence, direction and control
of the preparation of electoral rolls for, and the conduct of, all
elections to the Panchayats shall be vested in a State Election
Commission consisting of a State Election Commissioner to be appointed
by the Governor
(2) Subject to
the provisions of any law made by the Legislature of a State the
conditions of service and tenure of office of the State Election
Commissioner shall be such as the Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed from
his office except in like manner and on the like ground as a Judge of a
High Court and the conditions of service of the State Election
Commissioner shall not be varied to his disadvantage after his
appointment
(3) The Governor of a
State shall, when so requested by the State Election Commission, make
available to the State Election Commission such staff as may be
necessary for the discharge of the functions conferred on the State
Election Commission by clause ( 1 )
(4)
Subject to the provisions of this Constitution, the Legislature of a
State may, by law, make provision with respect to all matters relating
to, or in connection with, elections to the Panchayats
243L.
Application to Union territories The provisions of this Part shall
apply to the Union territories and shall, in their application to a
Union territory, have effect as if the references to the Governor of a
State were references to the Administrator of the Union territory
appointed under 239 and references to the Legislature or the Legislative
Assembly of a State were references, in relation to a Union territory
having a Legislative Assembly, to that Legislative Assembly: Provided
that the President may, by public notification, direct that the
provisions of this Part shall apply to any Union territory or part
thereof subject to such exceptions and modifications as he may specify
in the notification
243M. Part not to apply to certain areas
(1)
Nothing in this Part shall apply to the Scheduled Areas referred to in
clause ( 1 ), and the tribal areas referred to in clause ( 2 ), of
article 244
(2) Nothing in this Part shall apply to
(a) the States of Nagaland, Meghalaya and Mizoram;
(b) the Hill areas in the State of Manipur for which District Councils exist under any law for the time being in force
(3) Nothing in this Part
(a)
relating to Panchayats at the district level shall apply to the Hill
areas of the District of Darjeeling in the State of West Bengal for
which Darjeeling Gorkha Hill Council exists under any law for the time
being in force;
(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law
(4) Notwithstanding anything in this Constitution
(a)
the Legislature of a State referred to in sub clause (a) of clause ( 2 )
may, by law, extend this Part to that State, except the areas, if any,
referred to in clause ( 1 ), if the Legislative Assembly of that State
passes a resolution to that effect by a majority of the total membership
of that House and by a majority of not less than two thirds of the
members of that house present and voting;
(b)
Parliament may, by law, extend the provisions of this Part to the
Scheduled Areas and the tribal areas referred to in clause ( 1 ) subject
to such exceptions and modifications as may be specified in such law,
and no such law shall be deemed to be an amendment of this Constitution
for the purposes of Article 368
243N.
Continuance of existing laws and Panchayats Notwithstanding anything in
this Part, any provision of any law relating to Panchayats in force in a
State immediately before commencement of the Constitution (Seventy
third Amendment) Act, 1992 , which is inconsistent with the provisions
of this part, shall continue to be in force until amended or repealed by
a competent Legislature other competent authority or until the
expiration of one year from such commencement whichever is earlier:
Provided that all the Panchayats existing immediately before such
commencement shall continue till the expiration of their duration,
unless sooner dissolved by a resolution passed to that effect by the
Legislative Assembly of that State or, in the case of a State having a
Legislative Council, by each house of the Legislature of that State
243O. Bar to interference by courts in electoral matters Notwithstanding anything in this Constitution
(a)
the validity of any law relating to the delimitation of constituencies
or the allotment of seats to such constituencies made or purporting to
be made under article 243K, shall not be called in question in any
court;
(b) no election to any
Panchayat shall be called in question except by an election petition
presented to such authority and in such manner as is provided for by or
under any Law made by the legislature of a State PART IX A THE MUNICIPALITIES
243P. Definitions In this Part, unless the context otherwise requires,
(a) Committee means a Committee constituted under article 243S;
(b) district means a district in a State;
(c)
Metropolitan area means an area having a population of ten lakhs or
more, comprised in one or more districts and consisting of two or more
Municipalities or Panchayats or other contiguous areas, specified by the
Governor by public notification to be Metropolitan area for the
purposes of this Part;
(d) Municipal area means the territorial area of a Municipality as is notified by the Governor;
(e) Municipality means an institution of self government constituted under Article 243Q;
(f) Panchayat means a Panchayat constituted under Article 243B;
(g)
population means the population as ascertained at the last preceding
census of which the relevant figures have been published
243Q. Constitution of Municipalities
(1) There shall be constituted in every State,
(a)
a Nagar Panchayat (by whatever name called) for a transitional area,
that is to say, an area in transition from a rural area to an urban area
(b) a Municipal Council for a smaller urban area; and
(c)
a Municipal Corporation for a larger urban area, in accordance with the
provisions of this Part: Provided that a Municipality under this clause
may not be constituted in such urban area or part thereof as the
Governor may, having regard to the size of tile area and the municipal
services being provided or proposed to be provided by an industrial
establishment in that area and such other factors as he may deem fit, by
public notification, specify to be an industrial township
(2)
In this article, a transitional area, a smaller urban area or a larger
urban area means such area as the Governor may, having regard to the
population of the area, the density of the population therein, the
revenue generated for local administration, the percentage of employment
in non agricultural activities, the economic importance or such other
factors as he may deem fit, specify by public notification for the
purposes of this Part
243R. Composition of Municipalities
(1)
Save as provided in clause ( 2 ), all the seats in a Municipality shall
be filled by persons chosen by direct election from the territorial
constituencies in the Municipal area and for this purpose each Municipal
area shall be divided into territorial constituencies to be known as
wards
(2) The Legislature of a State may, by law, provide
(a) for the representation in a Municipality of
(i) persons having special knowledge or experience in Municipal administration;
(ii)
the members of the House of the People and the members of the
Legislative Assembly of the State representing constituencies which
comprise wholly or partly the Municipal area;
(iii)
the members of the Council of States and the members of the Legislative
Council of the State registered electors within tile Municipal area;
(iv)
the Chairpersons of the Committees constituted under clause ( 5 ) of
article 243S: Provided that the persons referred to in paragraph (i)
shall not have the right to vote in the meetings of the Municipality;
(b) the manner of election of the Chairperson of a Municipality
243S. Constitution and composition of wards Committees, etc
(1)
There shall be constituted Wards Committees, consisting of one or more
Wards, within the territorial area of a Municipality having a population
of three lakhs or more
(2) The Legislature of a State may, by law, make provision with respect to
(a) the composition and the territorial area of a Wards Committee;
(b) the manner in which the seats in a Wards Committee shall be filled
(3)
A member of a Municipality representing a ward within the territorial
area of the Wards Committee shall be a member of that Committee
(4) Where a Wards Committee consists of
(a) one ward, the member representing that ward in the Municipality; or
(b)
two or more wards, one of the members representing such wards in the
Municipality elected by the members of the Wards Committee, shall be the
Chairperson of that Committee
(5)
Nothing in this article shall be deemed to prevent the Legislature of a
State from making any provision for the Constitution of Committees in
addition to the Wards Committees
243T. Reservation of seats
(1)
Seats shall be reserved for the Scheduled Castes and the Scheduled
Tribes in every Municipality and the number of seats so reserved shall
bear, as nearly as may be, the same proportion to the total number of
seats to be filled by direct election in that Municipality as the
population of the Scheduled Castes in the Municipal area or of the
Scheduled Tribes in the Municipal area bears to the total population of
that area and such seats may be allotted by rotation to different
constituencies in a Municipality
(2)
Not less than one third of the total number of seats reserved under
clause ( 1 ) shall be reserved for women belonging to the Scheduled
Castes or, as the case may be, the Scheduled Tribes
(3)
Not less than one third (including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled Tribes) of the
total number of seats to be filled by direct election in every
Municipality shall be reserved for women and such seats may be allotted
by rotation to different constituencies in a Municipality
(4)
The offices of Chairpersons in the Municipalities shall be reserved for
the Scheduled Castes, the Scheduled Tribes and women in such manner as
the Legislature of a State may, by law, provide
(5)
The reservation of seats under clauses ( 1 ) and ( 2 ) and the
reservation of offices of Chairpersons (other than the reservation for
women) under clause ( 4 ) shall cease to have effect on the expiration
of the period specified in article 334
(6)
Nothing in this Part shall prevent the Legislature of a State from
making any provision for reservation of seats in any Municipality or
offices of Chairpersons in the Municipalities in favour of backward
class of citizens
243U. Duration of Municipalities, etc
(1)
Every Municipality, unless sooner dissolved under any law for the time
being in force, shall continue for five years from the date appointed
for its first meeting and no longer: Provided that a Municipality shall
be given a reasonable opportunity of being heard before its dissolution
(2)
No amendment of any law for the time being in force shall have the
effect of causing dissolution of a Municipality at any level, which is
functioning immediately before such amendment, till the expiration of
its duration specified in clause ( 1 )
(3) An election to Constitute a Municipality shall be completed,
(a) before the expiry of its duration specified in clause ( 1 );
(b)
before the expiration of a period of six months from the date of its
dissolution: Provided that where the remainder of the period for which
the dissolved Municipality would have continued is less than six months,
it shall not be necessary to hold any election under this clause for
constituting the Municipality for such period
(4)
A Municipality constituted upon the dissolution of a Municipality
before the expiration of its duration shall continue only for the
remainder of the period for which the dissolved Municipality would leave
continued under, clause ( 1 ) had it not been so dissolved
243V. Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for being a member of a Municipality
(a)
if he is so disqualified by or under any law for the time being in
force for the purposes of elections to the Legislature of the State
concerned: Provided that no person shall be disqualified on the ground
that he is less than twenty five years of age, if he has attained the
age, of twenty one years;
(b) if he is so disqualified by or under any law made by the Legislature of the State
(2)
If any question arises as to whether a member of a Municipality has
become subject to any of the disqualifications mentioned in clause ( 1
), the question shall be referred for the decision of such authority and
in such manner as the Legislature of a State may, by law, provide
243W.
Powers, authority and responsibilities of Municipalities, etc Subject
to the provisions of this Constitution, the Legislature of a State may,
by law, endow
(a) the
Municipalities with such powers and authority as may be necessary to
enable them to function as institutions of self government and such law
may contain provisions for the devolution of powers and responsibilities
upon Municipalities, subject to such conditions as may be specified
therein, with respect to
(i) the preparation of plans for economic development and social justice;
(ii)
the performance of functions and the implementation of schemes as may
be entrusted to them including those in relation to the matters listed
in the Twelfth Schedule;
(b) the
Committees with such powers and authority as may be necessary to enable
them to carry out the responsibilities conferred upon them including
those in relation to the matters listed in the Twelfth Schedule
243X. Power to impose taxes by, and funds, of, the Municipalities The Legislature of a State may, by law
(a)
authorise a Municipality to levy, collect and appropriate such taxes,
duties, tolls and fees in accordance with such procedure and subject to
such limits;
(b) assign to a
Municipality such taxes, duties, tolls and fees levied and collected by
the State Government for such purposes and subject to such conditions
and limits;
(c) provide for making, such grants in aid to the Municipalities from the Consolidated Fund of the State; and
(d)
provide for constitution of such Funds for crediting all moneys
received respectively, by or on behalf of the Municipalities and also
for the withdrawal of such moneys therefrom, as may be specified in the
law
243Y. Finance Commission
(1)
The Finance Commission constituted under article 243 I shall also
review the financial position of the Municipalities and make
recommendations to the Governor as to
(a) the principles which should govern
(i)
the distribution between the State and the Municipalities of the net
proceeds of the taxes, duties, tolls and fees leviable by the State,
which may be divided between them under this Part and the allocation
between the Municipalities at all levels of their respective shares of
such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;
(iii) the grants in aid to the Municipalities from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Municipalities;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities
(2)
The Governor shall cause every recommendation made by the Commission
under this article together with an explanatory memorandum as to the
action taken thereon to be laid before the Legislature of the State
243Z.
Audit of accounts of Municipalities The Legislature of a State may, by
law, make provisions with respect to the maintenance of accounts by the
Municipalities and the auditing of such accounts
243Z. A Elections to the Municipalities
(1)
The superintendence, direction and control of the preparation of
electoral rolls for, and the conduct of, all elections to the
Municipalities shall be vested in the State Election Commission referred
to in article 243K
(2) Subject
to provisions of this Constitution, the Legislature of a State may, by
law, make provision with respect to all matters relating to, or in
connection with, elections to the Municipalities
243Z.
B Application to Union territories The Provisions of this Part shall
apply to the Union territories and shall, in their application to a
Union territory, have effect as if the references to the Governor of a
State were references to the Administrator of the Union territory
appointed under article 239 and references to the Legislature or the
Legislative Assembly of a State were references in relation to a Union
territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the
provisions of this Part shall apply to any Union territory or part
thereof subject to such exceptions and modifications as he may specify
in the notification
243Z. C Part not to apply to certain areas
(1)
Nothing in this Part shall apply to the Scheduled Areas referred to in
Clause ( 1 ), and the tribal areas referred to in Clause ( 2 ), of
article 244
(2) Nothing in this
part shall be construed to affect the functions and powers of the
Darjeeling Gorkha Hill Council constituted under any law for the time
being in force for the hill areas of the district of Darjeeling in the
State of West Bengal
(3)
Notwithstanding anything in this Constitution, Parliament may, by law,
extend the provisions of this Part to the Scheduled Areas and the Tribal
Areas referred to in clause ( 1 ) subject to such exceptions and
modifications as may be specified in such law, and no such law shall be
deemed to be an amendment of this Constitution for the purposes of
article 368
243Z. D Committee for district planning
(1)
There shall be constituted in every State at the district level a
District Planning Committee to consolidate the plans prepared by the
Panchayats and the Municipalities in the district and to prepare a draft
development plan for the district as a whole
(2) The Legislative of a State may, by law, make provision with respect to
(a) the composition of the District Planning Committees;
(b)
the manner in which the seats in such Committees shall be filled:
Provided that not less than four fifths of the total number of members
of such Committee shall be elected by, and from amongst, the elected
members of the Panchayat at the district level and of the Municipalities
in the district in proportion to the ratio between the population of
the rural areas and of the urban areas in the district;
(c) the functions relating to district planning which may be assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees be chosen
(3) Every District Planning Committee shall, in preparing the draft development plan,
(a) have regard to
(i)
matters of common interest between the Panchayats and the
Municipalities including spatial planning, sharing of water and other
physical and natural resources, the integrate development of
infrastructure and environmental conservation;
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organizations as the Governor may, by order, specify
(4)
The Chairperson of every District Planning Committee shall forward the
development plan, as recommended by such Committee, to the Government of
the State
243Z. E Committee for Metropolitan Planning
(1)
There shall be constituted in every Metropolitan, area a Metropolitan
Planning Committee to prepare a draft development plan for the
Metropolitan area as a whole
(2) The Legislature of a State may, by law, make with respect to
(a) the composition of the Metropolitan Planning Committees;
(b)
the manner in which the seats in such Committees shall be filled:
Provided that not less than two thirds of the members of such Committee
shall be elected by, and from amongst, the elected members of the
Municipalities and Chairpersons of the Panchayats in the, Metropolitan
area in proportion to the ratio between the population of the
Municipalities and of the Panchayats in that area;
(c)
the representation, in such Committees of the Government of India and
the Government of the State and of such organisations and institutions
as may be deemed necessary for carrying out the functions assigned to
such Committees;
(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;
(e) the manner in which the Chairpersons of such Committees shall be chosen
(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,
(a) have regard to
(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;
(ii)
matters of common interest between the Municipalities and the
Panchayats, including co ordinated spatial planning of the area, sharing
of water and other physical and natural resources, the integrated
development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India and the Government of the State;
(iv)
the extent and nature of investments likely to be made in the
Metropolitan area by agencies of the Government of India and of the
Government of the State and other available resources whether financial
or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify
(4)
The Chairperson of every Metropolitan Planning Committee shall forward
the development plan, as recommended by such Committee, to the
Government of the State
243Z. F
Continuance of existing laws and Municipalities Notwithstanding anything
in this Part, any provision of any law relating to Municipalities in
force in a State immediately before the commencement of the Constitution
(Seventy fourth Amendment) Act, 1992 , which is inconsistent with the
provisions of this Part, shall continue to be in force until amended or
repealed by a competent Legislature or other competent authority or
until the expiration of one year from such commencement, whichever is
earlier: Provided that all the Municipalities existing immediately
before such commencement shall continue till the expiration of their
duration, unless sooner dissolved by a resolution passed to that effect
by the Legislative Assembly of that State or, in the case of a State
having a Legislative Council, by each House of the Legislature of that
State
243Z. G Bar to interference by courts in electoral matters Notwithstanding anything in this Constitution,
(a)
the validity of any law relating to the delimitation of constituencies
or the allotment of seats to such constituencies, made or purporting to
be made under article 243Z A shall not be called in question in any
court;
(b) no election to any
Municipality shall be called in question expect by an election petition
presented to such authority and in such manner as is provided for by or
under any law made by the Legislature of a State PART X THE SCHEDULED
AND TRIBAL AREAS
244. Administration of Scheduled Areas and Tribal Areas
(1)
The provisions of the Fifth Schedule shall apply to the administration
and control of the Scheduled Areas and Scheduled Tribes in any State
other than the States of Assam Meghalaya, Tripura and Mizoram
244A.
Formation of an autonomous State comprising certain tribal areas in
Assam and creation of local Legislature or Council of Ministers or both
therefor
(1) Notwithstanding
anything in this Constitution, Parliament may, by law, form within the
State of Assam an autonomous State comprising (whether wholly or in
part) all or any of the tribal areas specified in Part I of the table
appended to paragraph 20 of the Sixth Schedule and create therefor
(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or
(b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law
(2) Any such law as is referred to in clause ( 1 ) may, in particular,
(a)
specify the matters enumerated in the State List or the Concurrent List
with respect to which the legislature of the autonomous State shall
have power to make laws for the whole or any part thereof, whether to
the exclusion of the Legislature of the State of Assam or otherwise;
(b) define the matters with respect to which the executive power of the autonomous State shall extend;
(c)
provide that any tax levied by the State of Assam shall be assigned to
the autonomous State in so far as the proceeds thereof are attributable
to the autonomous State;
(d)
provide that any reference to a State in any article of this
Constitution shall be construed as including a reference to the
autonomous State; and
(e) make such supplemental, incidental and consequential provisions as may be deemed necessary
(3)
An amendment of any such law as aforesaid in so far as such amendment
relates to any of the matters specified in sub clause (a) or sub clause
(b) of clause ( 2 ) shall have no effect unless the amendment is passed
in each House of Parliament by not less than two thirds of the members
present and voting
(4) Any such
law as is referred to in this article shall not be deemed to be an
amendment of this Constitution for the purposes of Article 368
notwithstanding that it contains any provision which amends or has the
effect of amending this Constitution
PART XI RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I LEGISLATIVE RELATIONS Distribution of Legislative Powers
PART XI RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I LEGISLATIVE RELATIONS Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of States
(1)
Subject to the provisions of this Constitution, Parliament may make
laws for the whole or any part of the territory of India, and the
Legislature of a State may make laws for the whole or any part of the
State
(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra territorial operation
246. Subject matter of laws made by Parliament and by the Legislatures of States
(1)
Notwithstanding anything in clauses ( 2 ) and ( 3 ), Parliament has
exclusive power to make laws with respect to any of the matters
enumerated in List I in the Seventh Schedule (in this Constitution
referred to as the Union List)
(2)
Notwithstanding anything in clause ( 3 ), Parliament, and, subject to
clause ( 1 ), the Legislature of any State also, have power to make laws
with respect to any of the matters enumerated in List III in the
Seventh Schedule (in this Constitution referred to as the Concurrent
List)
(4) Parliament has power to
make laws with respect to any matter for any part of the territory of
India not included (in a State) notwithstanding that such matter is a
matter enumerated in the State List
247.
Power of Parliament to provide for the establishment of certain
additional courts Notwithstanding anything in this Chapter, Parliament
may by law provide for the establishment of any additional courts for
the better administration of laws made by Parliament or of any existing
laws with respect to a matter enumerated in the Union List
248. Residuary powers of legislation
(1)
Parliament has exclusive power to make any law with respect to any
matter not enumerated in the Concurrent List or State List
(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest
(1)
Notwithstanding anything in the foregoing provisions of this Chapter,
if the Council of States has declared by resolution supported by not
less than two thirds of the members present and voting that it is
necessary or expedient in national interest that Parliament should make
laws with respect to any matter enumerated in the State List specified
in the resolution, it shall be lawful for Parliament to make laws for
the whole or any part of the territory of India with respect to that
matter while the resolution remains in force
(2)
A resolution passed under clause ( 1 ) shall remain in force for such
period not exceeding one year as may be specified therein: Provided
that, if and so often as a resolution approving the continuance in force
of any such resolution is passed in the manner provided in clause ( 1
), such resolution shall continue in force for a further period of one
year from the date on which under this clause it would otherwise have
ceased to be in force
(3) A law
made by Parliament which Parliament would not but for the passing of a
resolution under clause ( 1 ) have been competent to make shall, to the
extent of the incompetency, cease to have effect on the expiration of a
period of six months after the resolution has ceased to be in force,
except as respects things done or omitted to be done before the
expiration of the said period
250.
Power of Parliament to legislate with respect to any matter in the
State List if a Proclamation of Emergency is in operation
(1)
Notwithstanding anything in this Chapter, Parliament shall, while a
Proclamation of Emergency is in operation, have, power to make laws for
the whole or any part of the territory of India with respect to any of
the matters enumerated in the State List
(2)
A law made by Parliament which Parliament would not but for the issue
of a Proclamation of Emergency have been competent to make shall, to the
extent of the incompetency, cease to have effect on the expiration of a
period of six months after the Proclamation has ceased to operate,
except as respects things done or omitted to be done before the
expiration of the said period
251.
Inconsistency between laws made by Parliament under Articles 249 and
250 and laws made by the Legislatures of States Nothing in Articles 249
and 250 shall restrict the power of the Legislature of a State to make
any law which under this Constitution it has power to make, but if any
provision of a law made by the legislature of a State is repugnant to
any provision of a law made by Parliament which Parliament has under
either of the said articles power to make, the law made by Parliament,
whether passed before or after the law made by the legislature of the
State, shall prevail, and the law made by the Legislature of the State
shall to the extent of the repugnancy, but so long only as the law made
by Parliament continues to have effect, be inoperative
252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State
(1)
If it appears to the Legislatures of two or more States to be desirable
that any of the matters with respect to which Parliament has no power
to make laws for the States except as provided in Articles 249 and 250
should be regulated in such States by Parliament by law, and if
resolutions to that effect are passed by all the House of the
Legislatures of those States, it shall be lawful for Parliament to pass
an Act for regulating that matter accordingly, and any Act so passed
shall apply to such States and to any other State by which it is adopted
afterwards by resolution passed in that behalf by the House or, where
there are two Houses, by each of the Houses of the Legislature of that
State
(2) Any Act so passed by
Parliament may be amended or repealed by an Act of Parliament passed or
adopted in like manner but shall not, as respects any State to which it
applies, be amended or repealed by an Act of the Legislature of that
State
253. Legislation for giving
effect to international agreements Notwithstanding anything in the
foregoing provisions of this Chapter, Parliament has power to make any
law for the whole or any part of the territory of India for implementing
any treaty, agreement or convention with any other country or countries
or any decision made at any international conference, association or
other body
254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States
(1)
If any provision of a law made by the Legislature of a State is
repugnant to any provision of a law made by Parliament which Parliament
is competent to enact, or to any provision of an existing law with
respect to one of the matters enumerated in the Concurrent List, then,
subject to the provisions of clause ( 2 ), the law made by Parliament,
whether passed before or after the law made by the Legislature of such
State, or, as the case may be, the existing law, shall prevail and the
law made by the Legislature of the State shall, to the extent of the
repugnancy, be void
(2) Where a
law made by the Legislature of a State with respect to one of the
matters enumerated in the concurrent List contains any provision
repugnant to the provisions of an earlier law made by Parliament or an
existing law with respect to that matter, then, the law so made by the
Legislature of such State shall, if it has been reserved for the
consideration of the President and has received his assent, prevail in
that State: Provided that nothing in this clause shall prevent
Parliament from enacting at any time any law with respect to the same
matter including a law adding to, amending, varying or repealing the law
so made by the Legislature of the State
255.
Requirements as to recommendations and previous sanctions to be
regarded as matters of procedure only No Act of Parliament or of the
legislature of a State and no provision in any such Act, shall be
invalid by reason only that some recommendation or previous sanction
required by this Constitution was not given, if assent to that Act was
given
(a) where the recommendation required was that of the Governor, either by the Governor or by the President;
(b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;
(c)
where the recommendation or previous sanction required was that of the
President, by the President CHAPTER II ADMINISTRATIVE RELATIONS General
256.
Obligation of States and the Union The executive power of every State
shall be so exercised as to ensure compliance with the laws made by
Parliament and any existing laws which apply in that State, and the
executive power of the Union shall extend to the giving of such
directions to a State as may appear to the Government of India to be
necessary for that purpose
257. Control of the Union over States in certain cases
(1)
The executive power of every State shall be so exercised as not to
impede or prejudice the exercise of the executive power of the Union,
and the executive power of the Union shall extend to the giving of such
directions to a State as may appear to the Government of India to be
necessary for that purpose
(2)
The executive power of the Union shall also extend to the giving of
directions to a State as to the construction and maintenance of means of
communication declared in the direction to be of national or military
importance: Provided that nothing in this clause shall be taken as
restricting the power of Parliament to declare highways or waterways to
be national highways or national waterways so declared or the power of
the Union to construct and maintain means of communication as part of
its functions with respect to naval, military and air force works
(3)
The executive power of the Union shall also extend to the giving of
directions to a State as to the measures to be taken for the protection
of the railways within the State
(4)
Where in carrying out any direction given to a State under clause ( 2 )
as to the construction or maintenance of any means of communication or
under clause ( 3 ) as to the measures to be taken for the protection of
any railway, costs have been incurred in excess of those which would
have been incurred in the discharge of the normal duties of the State if
such direction had not been given, there shall be paid by the
Government of India to the State such sum as may be agreed, or, in
default of agreement, as may be determined by an arbitrator appointed by
the Chief Justice of India, in respect of the extra costs so incurred
by the State
257. A Assistance to States by deployment of armed forces or other forces of the Union Omitted
258. Power of the Union to confer powers, etc, on States in certain cases
(1)
Notwithstanding anything in this Constitution, the President may, with
the consent of the Governor of a State, entrust either conditionally or
unconditionally to that Government or to its officers functions in
relation to any matter to which the executive power of the Union extends
(2)
A law made by Parliament which applies in any State may,
notwithstanding that it relates to a matter with respect to which the
Legislature of the State has no power to make laws, confer powers and
impose duties, or authorise the conferring of powers and the imposition
of duties, upon the State or officers and authorities thereof
(3)
Where by virtue of this article powers and duties have been conferred
or imposed upon a State or officers or authorities thereof, there shall
be paid by the Government of India to the State such sum as may be
agreed, or, in default of agreement, as may be determined by an
arbitrator appointed by the Chief Justice of India, in respect of any
extra costs of administration incurred by the State in connection with
the exercise of those powers and duties
258.
A Power of the States to entrust functions to the Union Notwithstanding
anything in this Constitution, the Governor of a State may, with the
consent of the Governor of India, entrust either conditionally or
unconditionally to that Government or to its officers functions in
relation to any matter to which the executive power of the State extends
259.
Armed Forces in States in Part B of the First Schedule Rep by the
Constitution (Seventh Amendment) Act, 1956 , S 29 and Schedule
260.
Jurisdiction of the Union in relation to territories outside India The
Government of India may by agreement with the Government of any
territory not being part of the territory of India undertake any
executive, legislative or judicial functions vested in the Government of
such territory, but every such agreement shall be subject to, and
governed by, any law relating to the exercise of foreign jurisdiction
for the time being in force
261.
Public acts, records and judicial proceedings Full faith and credit
shall be given throughout the territory of India to public acts, records
and judicial proceedings of the Union and of every State
(2)
The manner in which and the conditions under which the acts, records
and proceedings referred to in clause ( 1 ) shall be proved and the
effect thereof determined shall be as provided by law made by Parliament
(3)
Final judgments or orders delivered or passed by civil courts in any
part of the territory of India shall be capable of execution anywhere
within that territory according to law Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter State rivers or river valleys
(1)
Parliament may by law provide for the adjudication of any dispute or
complaint with respect to the use, distribution or control of the waters
of, or in, any inter State river or river valley
(2)
Notwithstanding anything in this Constitution, Parliament may by law
provide that neither the Supreme Court nor any other court shall
exercise jurisdiction in respect of any such dispute or complaint as is
referred to in clause ( 1 ) Co ordination between States
263.
Provisions with respect to an inter State Council If any any time it
appears to the President that the public interests would be served by
the establishment of a Council charged with the duty of
(a) inquiring into and advising upon disputes which may have arisen between States;
(b)
investigating and discussing subjects in which some or all of the
States, or the Union and one or more of the States, have a common
interest; or
(c) making
recommendations upon any such subject and, in particular,
recommendations for the better co ordination of policy and action with
respect to that subject, in shall be lawful for the President by order
to establish such a Council, and to define the nature of the duties to
be performed by it and its organisation and procedure
PART XII FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I FINANCE General
PART XII FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I FINANCE General
264. Interpretation In this Part, Finance Commission means a Finance Commission constituted under Article 280
265. Taxes not to be imposed save by authority of law No tax shall be levied or collected except by authority of law
266. Consolidated Funds and public accounts of India and of the States
(1)
Subject to the provisions of Article 267 and to the provisions of this
Chapter with respect to the assignment of the whole or part of the net
proceeds of certain taxes and duties to States, all revenues received by
the Government of India, all loans raised by that Government by the
issue of treasury bills, loans or ways and means advances and all moneys
received by that Government in repayment of loans shall form one
consolidated fund to be entitled the Consolidated Fund of India, and all
revenues received by the Government of a State, all loans raised by
that Government by the issue of treasury bills, loans or ways and means
advances and all moneys received by that Government in repayment of
loans shall form one consolidated fund to be entitled the Consolidated
Fund of the State
(2) All other
public moneys received by or on behalf of the Government of India or the
Government of a State shall be entitled to the public account of India
or the public account of the State, as the case may be
(3)
No moneys out of the Consolidated Fund of India or the Consolidated
Fund of a State shall be appropriated except in accordance with law and
for the purposes and in the manner provided in this Constitution
267. Contingency Fund
(1)
Parliament may by law establish a Contingency Fund in the nature of an
imprest to be entitled the Contingency Fund of India into which shall be
paid from time to time such sums as may be determined by such law, and
the said Fund shall be placed at the disposal of the President to enable
advances to be made by him out of such Fund for the purposes of meeting
unforeseen expenditure pending authorisation of such expenditure by
Parliament by law under Article 115 or Article 116
(2)
The Legislature of a State may by law establish a Contingency Fund in
the nature of an imprest to be entitled the Contingency Fund of the
State into which shall be paid from time to time such sums as may be
determined by such law, and the said Fund shall be placed at the
disposal of the Governor of the State to enable advances to be made by
him out of such Fund for the purposes of meeting unforeseen expenditure
pending authorisation of such expenditure by the Legislature of the
State by law under Article 205 or Article 206 Distribution of Revenues
between the Union and the States
268. Duties levied by the Union but collected and appropriated by the States
(1)
Such stamp duties and such duties of excise on medicinal and toilet
preparations as are mentioned in the Union List shall be levied by the
Government of India but shall be collected
(a) in the case where such duties are leviable within any Union territory, by the Government of India, and
(b) in other cases, by the States within which such duties are respectively leviable
(2)
The proceeds in any financial year of any such duty leviable within any
State shall not form part of the Consolidated Fund of India, but shall
be assigned to that State
269. Taxes levied and collected by the union but assigned to the States
(1)
The following duties and taxes shall be levied and collected by the
Government of India but shall be assigned to the States in the manner
provided in clause ( 2 ), namely:
(a) duties in respect of succession to property other than agricultural land;
(b) estate duty in respect of property other than agricultural land;
(c) terminal taxes on goods or passengers carried by railway, sea or air;
(d) taxes on railway fares and freights;
(e) taxes other than stamp duties on transactions in stock exchanges and futures markets;
(f) taxes on the sale or purchase of newspapers and on advertisements published therein;
(g)
taxes on the sale or purchase of goods other than newspapers, where
such sale or purchase takes place in the course of inter State trade or
commerce;
(h) taxes on the
consignment of goods (whether the consignment is to the person making it
or to any other person), where such consignment takes place in the
course of inter State trade or commerce
(2)
The net proceeds in any financial year of any such duty or tax, except
in so far as those proceeds represent proceeds attributable to Union
territories, shall not form part of the Consolidated Fund of India, but
shall be assigned to the States within which that duty or tax is
leviable in that year, and shall be distributed among those States in
accordance with such principles of distribution as may be formulated by
Parliament by law
(3) Parliament
may by law formulate principles for determining when a sale or purchase
of or consignment of goods takes place in the course of inter State or
commerce 270 Taxes levied and collected by the Union and distributed
between the Union and the States
(1)
Taxes on income other than agricultural income shall be levied and
collected by the Government of India and distributed between the Union
and the States in the manner provided in clause ( 2 )
(2)
Such percentage, as may be prescribed, of the net proceeds in any
financial year of any such tax, except in so far as those proceeds
represent proceeds attributable to Union territories or to taxes payable
in respect of Union emoluments, shall not form part of the Consolidated
Fund of India, but shall be assigned to the States within which that
tax is leviable in that year, and shall be distributed among those
States in such manner and form such tie as may be prescribed
(3)
For the purposes of clause ( 2 ), in each financial year such
percentage as may be prescribed of so much of the net proceeds of taxes
on income as does not represent the net proceeds of taxes payable in
respect of Union emoluments shall be deemed to represent proceeds
attributable to Union territories
(4) In this article
(a) taxes on income does not include a corporation tax;
(b) prescribed means
(i) until a Finance Commission has been constituted, prescribed by the President by order, and
(ii)
after a Finance Commission has been constituted, prescribed by the
President by order after considering the recommendations of the Finance
Commission;
(c) Union emoluments
includes all emoluments and pensions payable out of the Consolidated
Fund of India in respect of which income tax is chargeable
270. Taxes levied and collected by the Union and distributed between the Union and the States
(1)
Taxes on income other than agricultural income shall be levied and
collected by the Government of India and distributed between the Union
and the States in the manner provided in clause ( 2 )
(2)
Such percentage, as may be prescribed 3, of the net proceeds in any
financial year of any such tax, except in so far as those proceeds
represent proceeds attributable to Union territories or to taxes payable
in respect of Union emoluments, shall not form part of the Consolidated
Fund of India, but shall be assigned to the States within which that
tax is leviable in that year, and shall be distributed among those
States in such manner and from such time as may be prescribed
(3)
For the purposes of clause ( 2 ), in each financial year such
percentage as may be prescribed of so much of the net proceeds of taxes
on income as does not represent the net proceeds of taxes payable in
respect of Union emoluments shall be deemed to represent proceeds
attributable to Union territories
(4) In this article
(a) taxes on income does not include a corporation tax;
(b) prescribed means
(i) until a Finance Commission has been constituted, prescribed by the President by order, and
(ii)
after a Finance Commission has been constituted, prescribed by the
President by order after considering the recommendations of the Finance
Commission;
(c) Union emoluments
includes all emoluments and pensions payable out of the Consolidated
Fund of India in respect of which income tax is chargeable
271.
Surcharge on certain duties and taxes for purposes of the Union
Notwithstanding anything in Articles 269 and 270, Parliament may at any
time increase any of the duties or taxes referred in those articles by a
surcharge for purposes of the Union and the whole proceeds of any such
surcharge shall form part the Consolidated Fund of India
272.
Taxes which are levied and collected by the Union and may be
distributed between the Union and the States Union duties of excise
other than such duties of excise on medicinal and toilet preparations as
are mentioned in the Union List shall be levied and collected by the
Government of India, but, if Parliament by law so provides, there shall
be paid out of the Consolidated Fund of India to the States to which the
law imposing the duty extends sums equivalent to the whole or any part
of the net proceeds of that duty, and those sums shall be distributed
among those States in accordance with such principles of distribution as
may be formulated by such law
273. Grants in lieu of export duty on jute and jute products
(1)
There shall be charged on the Consolidated Fund of India in each year
as grants in aid of the revenues of the State of Assam, Bihar, Orissa
and West Bengal, in lieu of assignment of any share of the net proceeds
in each year of export duty on jute and jute products to those States,
such sums as may be prescribed
(2)
The sums so prescribed shall continue to be charged on the Consolidated
Fund of India so long as any export duty on jute or jute products
continues to be levied by the Government of India or until the
expiration of ten years from the commencement of this Constitution,
whichever is earlier
(3) In this article, the expression prescribed has the same meaning as in Article 270
274. Prior recommendation of President required to Bills affecting taxation in which States are interested
(1)
No Bill or amendment which imposes or varies any tax which varies any
tax or duty in which States are interested, or which varies the meaning
of the expression agricultural income as defined for the purposes of the
enactments relating to Indian income tax, or which affects the
principles on which under any of the foregoing distributable to State,
or which imposes any surcharge for the purposes of the Union as is
mentioned in the foregoing provisions of this Chapter, shall be
introduced or moved in either House or Parliament except on the
recommendation of the President ( 2 ) In this article, the expression
tax or duty in which States are interested means
(a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; or
(b)
a tax or duty by reference to the net proceeds whereof sums are for the
time being payable out of the Consolidated Fund of India to any State
275. Grants from the Union to certain States
(1)
Such sums as Parliament may by law provide shall be charged on the
Consolidated Fund of India in each year as grants in aid of the revenues
of such States as Parliament may determine to be in need of assistance,
and different sums may be fixed for different States: Provided that
there shall be paid out of the Consolidated Fund of India as grants in
aid of the revenues of a State such capital and recurring sums as may be
necessary to enable that State to meet the costs of such schemes of
development as may be undertaken by the State with the approval of the
Scheduled Tribes in that State or raising the level of administration of
the Scheduled Areas therein to that of the administration of the rest
of the areas of that State: Provided further that there shall be paid
out of the Consolidated Fund of India as grants in aid of the revenues
of the State of Assam sums, capital and recurring, equivalent to
(a)
the average excess of expenditure over the revenues during the two
years immediately proceeding the commencement of this Constitution in
respect of the administration of the tribal areas specified in Part I of
the table appended to paragraph 20 of the Sixth Schedule; and
(b)
the costs of such schemes of development as maw be undertaken by that
State with the approval of the Government of India for the purpose of
raising the level of administration of the said areas to that of the
administration of the rest of the areas of that State
(1A) On and from the formation of the autonomous State under Article 244 A,
(i)
any sums payable under clause (a) of the second proviso to clause ( 1 )
shall, if the autonomous State therein, be paid to the autonomous
State, and, if the autonomous State comprises only some of those tribal
areas, be apportioned between the State of Assam and the autonomous
State as the President may, by order, specify;
(ii)
there shall be paid out of the Consolidated Fund of India as grants in
aid of the revenues of the autonomous State sums, capital and recurring,
equivalent to the costs of such schemes of development as may be
undertaken by the autonomous State with the approval of the Government
of India for the purpose of raising the level of administration of that
State to that of the administration of the rest of the State of Assam
(2)
Until provision is made by Parliament under clause ( 1 ), the powers
conferred on Parliament under that clause shall be exercisable by the
President by order and any order made by the President under this clause
shall have effect subject to any provision so made by Parliament:
Provided that after a Finance Commission has been constituted no order
shall be made under this clause by the President except after
considering the recommendations of the Finance Commission
276. Taxes on professions, trades, callings and employments
(1)
Notwithstanding anything in Article 246, no law of the Legislature of a
State relating to taxes for the benefit of the State or of a
municipality, district board, local board or other local authority
therein in respect of professions, trades, callings or employments shall
be invalid on the ground that it relates to a tax on income
(2)
The total amount payable in respect of any one person to the State or
to any one municipality, district board, local board or other local
authority in the State byway of taxes on professions, trades, callings
and employments shall not exceed two hundred and fifty rupees per annum:
Provided that if in the financial year immediately preceding the
commencement of this Constitution there was in force in the case of any
State or any such municipality, board or authority a tax on professions,
trades, callings or employments the rate, or the maximum rate, of which
exceed two hundred and fifty rupees per annum, such tax may continue to
be levied until provisions to the contrary is made by Parliament by
law, and any law so made by Parliament may be made either generally or
in relation to any specified States, municipalities, boards or
authorities
(3) The power of the
Legislature of a State to make laws as aforesaid with respect to taxes
on professions, trades, callings and employments shall not be construed
as limiting in any way the power of Parliament to make laws with respect
to taxes on income accruing from or arising out of professions, trades,
callings and employments
277.
Savings Any taxes, duties, cesses or fees which, immediately before the
commencement of this Constitution, were being lawfully levied by the
Government of any State or by any municipality or other local authority
or body for the purposes of the State, municipality, district or other
local area may, notwithstanding that those taxes, duties, cesses or fees
are mentioned in the Union List, continue to be levied and to be
applied to the same purposes until provision to the contrary is made by
Parliament by law
278. Agreement
with States in Part B of the First Schedule with regard to certain
financial matters Rep by the Constitution (Seventh Amendment) Act, 1956 ,
Section 29 and Schedule
279. Calculation of net proceeds, etc
(1)
In the foregoing provisions of this Chapter, net proceeds means in
relation to any tax or duty the proceeds thereof reduced by the cost of
collection, and for the purposes of those provisions the net proceeds of
any tax or duty, or of any part of any tax or duty, in or attributable
to any area shall be ascertained and certified by the Comptroller and
Auditor General of India, whose certificate shall be final
(2)
Subject as aforesaid, and to any other express provision of this
Chapter, a law made by Parliament or an order of the President may, in
any case where under this Part the proceeds of any duty or tax are, or
may be, assigned to any State, provide for the manner in which the
proceeds are to be calculated, for the time from or at which and the
manner in which any payments are to be made, for the making of
adjustments between one financial year and another, and for any other
incidental or ancillary matters
280. Finance Commission
(1)
The President shall, within two years from the commencement of this
Constitution and thereafter at the expiration of every fifth year or at
such earlier time as the President considers necessary, by order
constitute a Finance Commission which shall consist of a Chairman and
four other members to be appointed by the President
(2) It shall be the duty of the Commission to make recommendations to the President as to
(a)
the distribution between the Union and the States of the net proceeds
of taxes which are to be, or may be, divided between them under this
Chapter and the allocation between the States of the respective shares
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;
(c) any other matter referred to the Commission by the President in the interests of sound finance
(4)
The Commission shall determine their procedure and shall have such
powers in the performance of their functions as Parliament may by law
confer on them
281.
Recommendations of the Finance Commission The President shall cause
every recommendation made by the Finance Commission under the provisions
of this Constitution together with an explanatory memorandum as to the
action taken thereon to be laid before each House of Parliament
Miscellaneous Financial Provisions
282.
Expenditure defrayable by the Union or a State out of its revenues The
Union or a State may make any grants for any public purpose,
notwithstanding that the purpose is not one with respect to which
Parliament or the Legislature of the State, as the case may be, may make
laws
283. Custody, etc of Consolidated Funds, Contingency Funds and moneys credited to the public accounts
(1)
The custody of the Consolidated Fund of India and the Contingency Fund
of India, the payment of moneys into such Funds, the withdrawal of
moneys therefrom, the custody of public moneys other than those credited
to such Funds received by or on behalf of the Government of India,
their payment into the public account of India and the withdrawal of
moneys from such account and all other matters connected with or
ancillary to matters aforesaid shall be regulated by law made by
Parliament, and, until provision in that behalf is so made, shall be
regulated by rules made by the President
(2)
The custody of the Consolidated Fund of a State and the Contingency
Fund of a State, the payment of moneys into such Funds, the withdrawal
of moneys therefrom, the custody of public moneys other than those
credited to such Funds, received by or on behalf of the Government of
the State, their payment into the public account of the State and
withdrawal of moneys from such account and all other matters connected
with or ancillary to matters aforesaid shall be regulated by law made by
the Legislature of the State, and, until provision in that behalf is so
made, shall be regulated by rules made by the Governor of the State
284. Custody of suitors deposits and other moneys received by public servants an courts All moneys received by or deposited with
(a)
any officer employed in connection with the affairs of the Union or of a
State in his capacity as such, other than revenues or public moneys
raised or received by the Government of India or the Government of the
State, as the case may be, or
(b)
any court within the 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 the State, as the case may be
285. Exemption of property of the Union from State taxation
(1)
The property of the Union shall, save in so far as Parliament may by
law otherwise provide, be exempt from 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 a State from levying any tax on
any property of the Union to which such property was immediately before
the commencement of this Constitution liable or treated as liable, so
long as that tax continues to be levied in that State
286. Restrictions as to imposition of tax on the sale or purchase of goods
(1)
No law of a State shall impose, or authorise the imposition of, a tax
on the sale or purchase of goods where such sale or purchase takes place
(a) outside the State; or
(b) in the course of the import of the goods into, or export of the goods out of, the territory of India
(2)
Parliament may by law formulate principles for determining when a sale
or purchase of goods takes place in any of the ways mentioned in clause (
1 )
(3) Any law of a State shall, in so far as it imposes, or authorises the imposition of,
(a)
a tax on the sale or purchase of goods declared by Parliament by law to
be of special importance in inter State trade or commerce; or
(b)
a tax on the sale or purchase of goods, being a tax of the nature
referred to in sub clause (b), sub clause (c) or sub clause (d) of
clause 29 A of Article 366, be subject to such restrictions and
conditions in regard to the system of levy, rates and other incidents of
the tax as Parliament may by law specify
287.
Exemption from taxes on electricity Save in so far as Parliament may by
law otherwise provide, no law of a State shall impose, or authorise the
imposition of, a tax on the consumption or sale of electricity (whether
produced by a Government or other persons) which is
(a) consumed by the Government of India, or sold to the Government of India for consumption by that Government; or
(b)
consumed in the construction, maintenance or operation of any railway
by the Government of India or a railway company operating that railway,
or sold to that Government or any such railway company for consumption
in the construction, maintenance or operation of any railway, and any
such law imposing, or authorising the imposition of, a tax on the sale
of electricity shall secure that the price of electricity sold to the
Government of India for consumption by that Government, or to any such
railway company as aforesaid for consumption in the construction,
maintenance or operation of any railway, shall be less by the amount of
the tax than the price charged to other consumers of a substantial
quantity of electricity
288. Exemption from taxation by States in respect of water or electricity in certain cases
(1)
Save in so far as the President may by order otherwise provide, no law
of a State in force immediately before the commencement of this
Constitution shall impose, or authorise the imposition of, a tax in
respect of any water or electricity stored, generated, consumed,
distributed or sold by any authority established by any existing law or
any law made by Parliament for regulating or developing any inter State
river or river valley Explanation The expression law of a State in force
in this clause shall include a law of a State passed or made before the
commencement of this Constitution and not previously repealed,
notwithstanding that it or parts of it may not be then in operation
either at all or in particular areas
(2)
The Legislature of a State may by law impose, or authorise the
imposition of, any such tax as is mentioned in clause ( 1 ), but no such
law shall have any effect unless it has, after having been reserved for
the consideration of the President received his assent; and if any such
law provides for the fixation of the rates and other incidents of such
tax by means of rules or orders to be made under the law by any
authority, the law shall provide for the previous consent of the
President being obtained to the making of any such rule or order
289. Exemption of property and income of a State from Union taxation
(1) The property and income of a State shall be exempt from Union taxation
(2)
Nothing in clause ( 1 ) shall prevent the Union from imposing, or
authorising the imposition of, any tax to such extent, if any, as
Parliament may by law provide in respect of a trade or business of any
kind carried on by, or on behalf of, the Government of a State, or any
operations connected therewith, or any property used or occupied for the
purposes of such trade or business, or any income accruing or arising
in connection therewith
(3)
Nothing in clause ( 2 ) shall apply to any trade or business, or to any
class of trade or business, which Parliament may by law declare to be
incidental to the ordinary functions of government
290.
Adjustment in respect of certain expenses and pensions Where under the
provisions of this Constitution the expenses of any court or Commission,
or the pension payable to or in respect of a person who has served
before the commencement in connection with the affairs of the Union or
of a State, are charged on the Consolidated Fund of India or the
Consolidated Fund of a State, then, if
(a)
in the case of a charge on the Consolidated Fund of India, the court or
Commission serves any of the separate needs of a State, or the person
has served wholly or in part in connection with the affairs of a State;
or
(b) in the case of a charge on
the Consolidated Fund of a State, the court or Commission serves any of
the separate needs of the Union or another State, or the person has
served wholly or in part in connection with the affairs of the Union or
another State, there shall be charged on and paid out of the
Consolidated Fund of the State or, as the case may be, the Consolidated
Fund of India or the consolidated Fund of the other State, such
contribution in respect of the expenses or pension as may be agreed, or
as may in default of agreement be determined by an arbitrator to be
appointed by the Chief Justice of India
290.
A Annual payment to certain Devaswom Funds A sum of forty six lakhs and
fifty thousand rupees shall be charged on, and paid out of, the
Consolidated Fund of the State of Kerala every year to the Travancore
Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees
shall be charged on, and paid out of the Consolidated Fund of the State
of Tamil Nadu every year to the Devaswom Fund established in that State
for the maintenance of Hindu temples and shrines in the territories
transferred to that State on the 1 st day of November, 1956 , from the
State of Travancore Cochin
291. Privy purse sums of Rulers Rep by the Constitution (Twenty sixth Amendment) Act, 1971 , Section 2 CHAPTER II BORROWING
292.
Borrowing by the Government of India The executive power of the Union
extends to borrowing upon the security of the Consolidated Fund of India
within such limits, if any, as may from time to time be fixed by
Parliament by law and to the giving of guarantees within such limits, if
any, as may be so fixed
293. Borrowing by States
(1)
Subject to the provisions of this article, the executive power of a
State extends to borrowing within the territory of India upon the
security of the Consolidated Fund of the State within such limits, if
any, as may from time to time be fixed by the Legislature of such State
by law and to the giving of guarantees within such limits, if any, as
may be so fixed
(2) The
Government of India may, subject to such conditions as may be laid down
by or under any law made by Parliament, make loans to any State or, so
long as any limits fixed under Article 292 are not exceeded, give
guarantees in respect of loans raised by any State, and any sums
required for the purpose of making such loans shall be charged on the
Consolidated Fund of India
(3) A
State may not without the consent of the Government of India raise any
loan if there is still outstanding any part of a loan which has been
made to the State by the Government of India or by its predecessor
Government, or in respect of which a guarantee has been given by the
Government of India or by its predecessor Government
(4)
A consent under clause ( 3 ) may be granted subject to such conditions,
if any, as the Government of India may think fit to impose CHAPTER III
PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS
294.
Succession to property, assets, rights, liabilities and obligations in
certain cases s from the commencement of this Constitution
(a)
all property and assets which immediately before such commencement were
vested in His Majesty for the purposes of the Government of the
Dominion of India and all property and assets which immediately before
such commencement were vested in His Majesty for the purposes of the
Government of each Governors Province shall vest respectively in the
Union and the corresponding State, and
(b)
all rights, liabilities and obligations of the Government of the
Dominion of India and of the Government of each Governors Province,
whether arising out of any contract or otherwise, shall be the rights,
liabilities and obligations respectively of the Government of India and
the Government of each corresponding State, subject to any adjustment
made or to be made by reason of the creation before the commencement of
this Constitution of the Dominion of Pakistan or of the Provinces of
West Bengal, West Punjab and East Punjab
295. Succession to property, assets, rights, liabilities and obligations in other cases
(1) As from the commencement of this Constitution
(a)
all property and assets which immediately before such commencement were
vested in any Indian State corresponding to a State specified in Part B
of the First Schedule shall vest in the Union, if the purposes for
which such property and assets were held immediately before such
commencement will thereafter be purposes of the Union relating to any of
the matters enumerated in the Union List, and
(b)
all rights, liabilities and obligations of the Government of any Indian
State corresponding to a State specified in Part B of the First
Schedule, whether arising out of any contract or otherwise, shall be the
rights, liabilities and obligations of the Government of India, if the
purposes for which such rights were acquired or liabilities or
obligations were incurred before such commencement will thereafter be
purposes of the Government of commencement will thereafter be purposes
of the Government of India relating to any of the matters enumerated in
the Union List, subject to any agreement entered into in that behalf by
the Government of India with the Government of that State
(2)
Subject as aforesaid, the Government of each State specified in Part B
of the First Schedule shall, as from the commencement of this
Constitution, be the successor of the Government of the corresponding
Indian State as regards all property and assets and all rights,
liabilities and obligations, whether arising out of any contract or
otherwise, other than those referred to in clause ( 1 )
296.
Property accruing by escheat or lapse or as bona vacantia Subject as
hereinafter provided any property in the territory of India which, if
this Constitution had not come into operation, would have accrued to His
Majesty or, as the case may be, to the Ruler of an Indian State by
escheat or lapse, or as bona vacantia for want of a rightful owner,
shall, if it is property situate in a State, vest in such State, and
shall, in any other case, vest in the Union: Provided that any property
which at the date when it wouldhave so accrued to His Majesty or to the
Ruler of an Indian State was in the possession or under the control of
the Government of India or the Government of a State shall, according as
the purposes for which it was then used or held were purposes of the
Union or a State, vest in the Union or in that State Explanation In the
article, the expressions Ruler and Indian State have the same meanings
as in Article 363
297. Things of
value within territorial waters or continental shelf and resources of
the exclusive economic zone to vest in the Union
(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 of the 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 maritime zones, of India shall be
such as may be specified, from time to time, by or under any law made by
Parliament
298. Power to carry
on trade, etc The executive power of the Union and of each State shall
extend to the carrying on of any trade or business and to the
acquisition, holding and disposal of property and the making of
contracts for any purpose: Provided that (a) the said executive power of
the Union shall, in so far as such trade or business or such purpose is
not one with respect to which Parliament may make laws, be subject in
each State to legislation by the State; and
(b)
the said executive power of each State shall, in so far as such trade
or business or such purpose is not one with respect to which the State
Legislature may make laws, be subject to legislation by Parliament
299. Contracts
(1)
All contracts made in the exercise of the executive power of the Union
or of a State shall be expressed to be made by the President, or by the
Governor of the State, as the case may be, and all such contracts and
all assurances of property made in the exercise of that power shall be
executed on behalf of the President or the Governor by such persons and
in such manner as he may direct or authorise
(2)
Neither the President nor the Governor shall be personally liable in
respect of any contract or assurance made or executed for the purposes
of this Constitution, or for the purposes of any enactment relating to
the Government of India heretofore in force, nor shall any person making
or executing any such contract or assurance on behalf of any of them be
personally liable in respect thereof
300. Suits and proceedings
(1)
The Governor of India may sue or be sued by the name of the Union and
the Government of a State may sue or be sued by the name of the State
and may, subject to any provisions which may be made by Act of
Parliament or of the Legislature of such State enacted by virtue of
powers conferred by this Constitution, sue or be sued in relation to
their respective affairs in the like cases as the Dominion of India and
the corresponding Provinces or the corresponding Indian States might
have sued or been sued if this Constitution had not been enacted
(2) If at the commencement of this Constitution
(a)
any legal proceedings are pending to which the Dominion of India is a
party, the Union of India shall be deemed to be substituted for the
Dominion in those proceedings; and
(b)
any legal proceedings are pending to which a Province or an Indian
State is a party, the corresponding State shall be deemed to be
substituted for the Province or the Indian State in those proceedings
CHAPTER IV RIGHT TO PROPERTY
300.
A Persons not to be deprived of property save by authority of law No
person shall be deprived of his property save by authority of law
PART XIII TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA
PART XIII TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA
301.
Freedom of trade, commerce and intercourse Subject to the other
provisions of this Part, trade, commerce and intercourse throughout the
territory of India shall be free
302.
Power of Parliament to impose restrictions on trade, commerce and
intercourse Parliament may by law impose such restrictions on the
freedom of trade, commerce or intercourse between one State and another
or within any part of the territory of India as may be required in the
public interest
303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce
(1)
Notwithstanding anything in Article 302, neither Parliament nor the
Legislature of a State shall have power to make any law giving, or
authorising the giving of, any preference to one State over another, or
making, or authorising the making of, any discrimination between one
State and another, by virtue of any entry relating to trade and commerce
in any of the Lists in the Seventh Schedule
(2)
Nothing in clause ( 1 ) shall prevent Parliament from making any law
giving, or authorising the giving of, any preference or making, or
authorising the making of, any discrimination if it is declared by such
law that it is necessary to do so for the purpose of dealing with a
situation arising from scarcity of goods in any part of the territory of
India
304. Restrictions on
trade, commerce and intercourse among States Notwithstanding anything in
Article 301 or Article 303, the Legislature of a State may by law
(a)
impose on goods imported from other States or the Union territories any
tax to which similar goods manufactured or produced in that State are
subject, so, however, as not to discriminate between goods so imported
and goods so manufactured or produced; and
(b)
impose such reasonable restrictions on the freedom of trade, commerce
or intercourse with or within that State as may be required in the
public interest: Provided that no Bill or amendment for the purposes of
clause shall be introduced or moved in the Legislature of a State
without the previous sanction of the President
305.
Saving of existing laws and laws providing for State monopolies Nothing
in Articles 301 and 303 shall affect the provisions of any existing law
except in so far as the President may be order otherwise direct; and
nothing in Article 301 shall affect the operation of any law made before
the commencement of the Constitution (Fourth Amendment) Act, 1955 , in
so far as it relates to, or prevent Parliament or the Legislature of a
State from making any law relating to, any such matter as is referred to
in sub clause (ii) of clause ( 6 ) of Article 19
306.
Power of certain States in Part B of the First Schedule to impose
restrictions on trade and commerce Rep by the Constitution (Seventh
Amendment) Act, 1956 , Section 29 and Schedule
307.
Appointment of authority for carrying out the purposes of Articles 301
to 304 Parliament may by law appoint such authority as it considers
appropriate for carrying out the purposes of Articles 301, 302, 303 and
304, and confer on the authority so appointed such powers and such
duties as it thinks necessary
PART XIV SERVICES UNDER THE UNION AND THE STATES CHAPTER I SERVICES
PART XIV SERVICES UNDER THE UNION AND THE STATES CHAPTER I SERVICES
308.
Interpretation In this Part, unless the context otherwise requires, the
expression State does not include the State of Jammu and Kashmir
309.
Recruitment and conditions of service of persons serving the Union or a
State Subject to the provisions of this Constitution, Acts of the
appropriate Legislature may regulate the recruitment, and conditions of
service of persons appointed, to public services and posts in connection
with the affairs of the Union or of any State: Provided that it shall
be competent for the President or such person as he may direct in the
case of services and posts in connection with the affairs of the Union,
and for the Governor of a State or such person as he may direct in the
case of services and posts in connection with the affairs of the State,
to make rules regulating the recruitment, and the conditions of service
of persons appointed, to such services and posts until provision in that
behalf is made by or under an Act of the appropriate Legislature under
this article, and any rules so made shall have effect subject to the
provisions of any such Act
310. Tenure of office of persons serving the Union or a State
(1)
Except as expressly provided by this Constitution, every person who is a
member of a defence service or of a civil service of the Union or of an
all India service or holds any post connected with defence or any civil
post under the Union, holds office during the pleasure of the
President, and every person who is a member of a civil service of a
State or holds any civil post under a State holds office during the
pleasure of the Governor of the State
(2)
Notwithstanding that a person holding a civil post under the Union or a
State holds office during the pleasure of the President or, as the case
may be, of the Governor of the State, any contract under which a
person, not being a member of a defence service or of an all India
service or of a civil service of the Union or a State, is appointed
under this Constitution to hold such a post may, if the President or the
Governor as the case may be, deems it necessary in order to secure the
services of a person having special qualifications, provide for the
payment to him of compensation, if before the expiration of an agreed
period, that post is abolished or he is, for reasons not connected with
any misconduct on his part, required to vacate that post
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(1)
No person who is a member of a civil service of the Union or an all
India service or a civil service of a State or holds a civil post under
the Union or a State shall be dismissed or removed by a authority
subordinate to that by which he was appointed
(2)
No such person as aforesaid shall be dismissed or removed or reduced in
rank except after an inquiry in which he has been informed of the
charges against him and given a reasonable opportunity of being heard in
respect of those charges Provided that where it is proposed after such
inquiry, to impose upon him any such penalty, such penalty may be
imposed on the basis of the evidence adduced during such inquiry and it
shall not be necessary to give such person any opportunity of making
representation on the penalty proposed: Provided further that this
clause shall not apply
(a) where a
person is dismissed or removed or reduced in rank on the ground of
conduct which has led to his conviction on a criminal charge; or
(b)
where the authority empowered to dismiss or remove a person or to
reduce him in rank ins satisfied that for some reason, to be recorded by
that authority in writing, it is not reasonably practicable to hold
such inquiry; or
(c) where the
President or the Governor, as the case may be, is satisfied that in the
interest of the security of the State, it is not expedient to hold such
inquiry
(3) If, in respect of any
such person as aforesaid, a question arises whether it is reasonably
practicable to hold such inquiry as is referred to in clause ( 2 ), the
decision thereon of the authority empowered to dismiss or remove such
person or to reduce him in rank shall be final
312. All India Services
(1)
Notwithstanding anything in Chapter VI of Part VI or Part XI, if the
Council of States has declared by resolution supported by not less than
two thirds of the members present and voting that it is necessary or
expedient in the national interest so to do, Parliament may by law
provide for the creation of one or more all India services (including an
all India judicial service) common to the Union and the States, and,
subject to the other provisions of this Chapter, regulate the
recruitment, and the conditions of service of persons appointed, to any
such service
(2) The services
known at the commencement of this Constitution as the Indian
Administrative Service and the Indian Police Service shall be deemed to
be services created by Parliament under this article
(3)
The all India judicial service referred to in clause ( 1 ) shall not
include any post inferior to that of a district judge 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 VI 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 of article 368
312A. Power of Parliament to vary or revoke conditions of service of officers of certain services
(1) Parliament may by law
(a)
vary or revoke, whether prospectively or retrospectively, the
conditions of service as respects remuneration, leave and pension and
the rights as respects disciplinary matters of persons who, having been
appointed by the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India before the commencement of this
Constitution, continue on and after the commencement of the Constitution
(Twenty eight Amendment) Act, 1972 , to serve under the Government of
India or of a State in any service or post;
(b)
vary or revoke, whether prospectively or retrospectively, the
conditions of service as respects pension of persons who, having been
appointed b the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India before the commencement of this
Constitution, retired or otherwise ceased to be in service at any time
before the commencement of the Constitution (Twenty eight Amendment)
Act, 1972 : Provided that in the case of any such person who is holding
or has held the office of the Chief Justice or other Judge of the
Supreme Court or a High Court, the Comptroller and Auditor General of
India, the Chairman or other members of the Union or a State Public
Service Commission or the Chief Election Commissioner, nothing in sub
clause (a) or sub clause (b) shall be construed as empowering Parliament
to vary or revoke, after his appointment to such post, the condition of
his service to his disadvantage except in so far as such conditions of
his service to his disadvantage except in so far as such condition of
service are applicable to him by reason of his being a person appointed
by the Secretary of State or Secretary of State in Council to a civil
service of the Crown in India
(2)
Except to the extent provided for by Parliament by law under this
article, nothing in this article shall affect the power of any
legislature or other authority under any other provision of this
Constitution to regulate the conditions of service of persons referred
to in clause ( 1 )
(3) Neither the Supreme Court nor any other court shall have jurisdiction in
(a)
any dispute arising out of any provision of, or any endorsement on, any
covenant, agreement or other similar instrument which was entered into
or executed by any person referred to in clause ( 1 ), or arising out of
any letter issued to such person, in relation to his appointment to any
civil service of the Crown in India or his continuance in service under
the Government of the Dominion of India or a Province thereof; any
dispute in respect of any right, liability or obligation under Article
314 as originally enacted The provisions of the article shall have
effect notwithstanding anything in Article 314 as originally enacted or
in any other provision of this Constitution
313.
Transitional provisions Until other provision is made in this behalf
under this Constitution, all the laws in force immediately before the
commencement of this Constitution and applicable to any public service
or any post which continues to exist after the commencement of service
or post under the Union or a State shall continue in force so far as
consistent with the provisions of this Constitution
314.
Provision for protection of existing officers of certain services Rep
by the Constitution (Twenty eight Amendment) Act, 1972 , Section 3 (w e f
29 08 1972 ) CHAPTER II PUBLIC SERVICE COMMISSION
315. Public Service Commissions for the Union and for the States
(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
(2) Two or more States
may agree that there shall be one Public Service Commission for that
group of States, and if a resolution to that effect is passed by the
House or, where there are two Houses, by each House of the Legislature
of each of those States, Parliament may by law provide for the
appointment of a Joint State Public Service Commission (referred to in
this Chapter as Joint Commission) to serve the needs of those States
(3)
Any such law as aforesaid may contain such incidental and consequential
provisions as may be necessary or desirable for giving effect to the
purposes of the law
(4) The
Public Service Commission for the Union, if requested so to do by the
Governor of a State, may, with the approval of the President, agree to
serve all or any 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 the Union or, as the case may be, the State as respects the
particular matter in question
316. Appointment and term of office of members
(1)
The Chairman and other members of a Public Service Commission shall be
appointed, in the case of the Union Commission or a Joint Commission, by
the President, and in the case of a State Commission, by the Governor
of the State: Provided that as nearly as may be one half of the members
of every Public Service Commission shall be persons who at the dates of
their respective appointments have held office for at least ten years
either under the Government of India or under the Government of a State,
and in computing the said period of ten years any period before the
commencement of this Constitution during which a person has held office
under the Crown in India or under the Government of an Indian State
shall be included
(1A) If the
office of the Chairman of the Commission becomes vacant or if any such
Chairman is by reason of absence or for any other reason unable to
perform the duties of his office, those duties shall, until some persons
appointed under clause ( 1 ) to the vacant office has entered on the
duties thereof or, as the case may be, until the Chairman has resumed
his duties, be performed by such one of the other members of the
Commission as the President, in the case of the Union Commission or a
Joint Commission, and the Governor of the State in the case of a State
in the case of a State Commission, may appoint for the purpose
(2)
A member of a Public Service Commission shall hold office for a term of
six years from the date on which he enters upon his office or until he
attains, in the case of the Union Commission, the age of sixty five
years, and in the case of a State Commission or a Joint Commission, the
age of sixty two years, whichever is earlier: Provided that
(a)
a member of a Public Service Commission may, by writing under his hand
addressed, in the case of the Union Commission or a Joint Commission, to
the President, and in the case of a State Commission, to the Governor
of the State, resign his office;
(b)
a member of a Public Service Commission may be removed from his office
in the manner provided in clause ( 1 ) or clause ( 3 ) of Article 317
(3)
A person who holds office as a member of a Public Service Commission
shall, on the expiration of his term of office, be ineligible for re
appointment to that office
317. Removal and suspension of a member of a Public Service Commission
(1)
Subject to the provisions of clause ( 3 ), the Chairman or any other
member of a Public Service Commission shall only be removed from his
office by order of the President on the ground of misbehaviour after the
Supreme Court, on reference being made to it by the President, has, on
inquiry held in accordance with the procedure prescribed in that behalf
under Article 145, reported that the Chairman or such other member, as
the case may be, ought on any such ground to be removed
(2)
The President, in the case of the Union Commissionor a Joint
Commission, and the Governor in the case of a State Commission, may
suspend from office the Chairman or any other member of the Commission
in respect of whom a reference has been made to the Supreme Court under
clause ( 1 ) until the President has passed orders on receipt of the
report of the Supreme Court on such reference
(3)
Notwithstanding anything in clause ( 1 ), the President may by order
remove from office the Chairman or any other member of a Public Service
Commission if the Chairman or such other member, as the case may be,
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body
(4)
If the Chairman or any other member of a Public Service Commission is
or becomes in any way concerned or interested in any contract or
agreement made by or on behalf of the Government of India or the
Government of a State or participates in any way in the profit thereof
or in any benefit or emolument arising therefrom otherwise than as a
member and in common with the other members of an incorporated company,
he shall, for the purposes of clause ( 1 ), be deemed to be guilty of
misbehaviour
318. Power to make
regulations as to conditions of service of members and staff of the
Commission In the case of the Union Commission or a Joint Commission,
the President and, in the case of a State Commission, the Governor of
the State may by regulations
(a) determine the, number of members of the Commission and their conditions of service; and
(b)
make provision with respect to the number of members of the staff of
the commission and their conditions of service: Provided that the
conditions of service of a member of a Public Service Commission shall
not be varied to his disadvantage after his appointment
319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members On ceasing to hold office
(a)
the Chairman of the Union Public Service Commission shall be ineligible
for further employment either under the Government of India or under
the Government of a State;
(b)
the Chairman of a State Public Service Commission shall be eligible for
appointment as the Chairman or any other member of the Union Public
Service Commission or as the Chairman of any other State Public Service
Commission, but not for any other employment either under the Government
of India or under the Government of a State;
(c)
a member other than the Chairman of th Union Public Service Commission
shall be eligible for appointment as the Chairman of the Union Public
Service commission or as the Chairman of a State Public Service
Commission, but not for any other employment either under the Government
of India or under the Government of a State;
(d)
a member other than the Chairman of a State Public Service Commission
shall be eligible for appointment as the Chairman or any other member of
the Union Public Service Commission or as the Chairman of that of any
other State Public Service Commission, but not for any other employment
either under the Government of India or under the Government of a State
320. Functions of Public Service Commissions
(1)
It shall be the duty of the Union and the State Public Service
Commission to conduct examinations for appointments to the services of
the 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 State so to do, to assist those States in
framing and operating schemes of joint recruitment for any services for
which candidates possessing special qualifications are required
(3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted
(a) on all matters relating to methods of recruitment to civil services and for civil posts;
(b)
on the principles to be followed in making appointments to civil
services and posts and in making promotions and transfers from one
service to another and on the suitability of candidates for such
appointments, promotions or transfers;
(c)
on all disciplinary matters affecting a person serving under the
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters;
(d)
on any claim by or in respect of a person who is serving or has served
under the Government of India or the Government of a State or under the
Crown in India or under the Government of an Indian State, in a civil
capacity, that any costs incurred by him in defending legal proceedings
instituted against him in respect of acts done or purporting to be done
in the execution of his duty should be paid out of the Consolidated Fund
of India, or, as the case may be, out of the Consolidated Fund of the
State;
(e) on any claim for the
award of a pension in respect of injuries sustained by a person while
serving under the Government of India or the Government of a State or
under the Crown in India or under the Government of an Indian State, in a
civil capacity, and any question as to the amount of any such award,
and it shall be the duty of a Public Service Commission to advice on any
matter so referred to them and on any other matter which the President,
or, as the case may be, the Governor, of the State, may refer to them:
Provided that the President as respects the all India services and also
as respects other services and posts in connection with the affairs of
the Union, and the Governor, as respects other services and posts in
connection with the affairs of a State, may make regulations specifying
the matters in which either generally, or in any particular class of
case or in any particular circumstances, it shall not be necessary for a
Public Service Commission to be consulted
(4)
Nothing in clause ( 3 ) shall require a Public Service Commission to be
consulted as respects the manner in which any provision referred to in
clause ( 4 ) of Article 16 may be made or as respects the manner in
which effect maybe given to the provisions of Article 335
(5)
All regulations made under the proviso to clause ( 3 ) by the President
or the Governor of a State shall be laid for not less than fourteen
days before each House of Parliament or the House or each House of the
Legislature of the State, as the case may be, as soon as possible after
they are made, and shall be subject to such modifications, whether by
way of repeal or amendment, as both Houses of Parliament or the House or
both Houses of the Legislature of the State may make during the session
in which they are so laid
321.
Power to extend functions of Public Service Commissions An Act made by
Parliament or, as the case may be, the Legislature of a State may
provide for the exercise of additional functions by the Union Public
Service Commission or the State Public Service Commission as respects
the services of the Union of the State and also as respects the services
of any local authority or other body corporate constituted by law or of
any public institution
322.
Expenses of Public Service Commission The expenses of the Union or a
State Public Service Commission, including any salaries, allowances and
pensions payable to or in respect of the members or staff of the
Commission, shall be charged on the Consolidated Fund of India or, as
the case may be, the Consolidated Fund of the State
323. Reports of Public Service Commissions
(1)
It shall be the duty of the Union Commission to present annually to the
President a report as to the work done by the Commission and on receipt
of such report the President shall cause a copy thereof together with a
memorandum explaining, as respects the cases, if any, where the advice
of the Commission was not accepted, the reason for such non acceptance
to be laid before each House of Parliament
(2)
It shall be the duty of a State Commission to present annually to the
Governor of the State a report as to the work done by the Commission,
and it shall be the duty of a Joint Commission to present annually to
the Governor of each of the States the needs of which are served by the
Joint Commission a report as to the work done by the Commission in
relation to that State, and in either case the Governor shall, on
receipt of such report, cause a copy thereof together with a memorandum
explaining, as respects the cases, if any, where the advice of the
Commission was not accepted, the reasons for such non acceptance to be
laid before the Legislature of the State
PART XIVA TRIBUNALS
PART XIVA TRIBUNALS
323. A
Administrative tribunals Parliament may, by law, provide for the
adjudication or trial by administrative tribunals of disputes and
complaints with respect to recruitment and conditions of service of
persons appointed to public services and posts in connection with the
affairs of the Union or of any State or of any local or other authority
within the territory of India or under the control of the Government of
India or of any corporation owned or controlled by the Government
(2) A law made under clause ( 1 ) may
(a)
provide for the establishment of an administrative tribunal for the
Union and a separate administrative tribunal for each State or for two
or more States;
(b) specify the
jurisdiction, powers (including the power to punish for contempt) and
authority which may be exercised by each of the said tribunals;
(c)
provide for the procedure (including provisions as to limitation and
rules of evidence) to be followed by the said tribunals;
(d)
exclude the jurisdiction of all courts, except the jurisdiction of the
Supreme Court under Article 136, with respect to the disputes or
complaints referred to in clause ( 1 );
(e)
provide for the transfer to each such administrative tribunal of any
cases pending before any court or other authority immediately before the
establishment of such tribunal as would have been within the
jurisdiction of such tribunal if the cause of action on which such suits
or proceedings are based had arisen after such establishment;
(f) repeal or amend any order made by the President under clause ( 3 ) of Article 371D;
(g)
contain such supplemental, incidental and consequential provisions
(including provisions as to fees) as Parliament may deem necessary for
the effective functioning of, and for the speedy disposal of cases by,
and the enforcement of the orders of, such tribunals
(3)
The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other law
for the time being in force
323B. Tribunals for other matters
(1)
The appropriate Legislature may, by law, provide for the adjudication
or trial by tribunals of any disputes, complaints, or offences with
respect to all or any of the matters specified in clause ( 2 ) with
respect to which such Legislature has power to make laws
(2) The matters referred to in clause ( 1 ) are the following, namely:
(a) levy, assessment, collection and enforcement of any tax;
(b) foreign exchange, import and export across customs frontiers;
(c) industrial and labour disputes;
(d)
land reforms by way of acquisition by the State of any estate as
defined in Article 31A or of any rights therein or the extinguishment or
modification of any such rights or by way of ceiling on agricultural
land or in any other way;
(e) ceiling on urban property;
(f)
elections to either House of Parliament or the House or either House of
the Legislature of a State, but excluding the matters referred to in
Article 329 and Article 329A;
(g)
production, procurement, supply and distribution of foodstuffs
(including edible oilseeds and oils) and such other goods as the
President may, by public notification, declare to be essential goods for
the purpose of this article and control of prices of such goods;
(h)
offences against laws with respect to any of the matters specified in
sub clause (a) to (g) and fees in respect of any of those matters;
(i) any matter incidental to any of the matters specified in sub clause (a) to (h)
324. Superintendence, direction and control of elections to be vested in an Election Commission
(1)
The superintendence, direction and control of the preparation of the
electoral rolls for, and the conduct of, all elections to Parliament and
to the Legislature of every State and of elections to the offices of
President and Vice President held under this Constitution shall be
vested in a Commission (referred to in this Constitution as the Election
Commission)
(2) The Election
Commission shall consist of the Chief Election Commissioner and such
number of other Election Commissioners, if any, as the President may
from time to time fix and the appointment of the Chief Election
Commissioner and other Election Commissioners shall, subject to the
provisions of any law made in that behalf by Parliament, be made by the
President
(3) When any other
Election Commissioner is so appointed the Chief Election Commissioner
shall act as the Chairman of the Election Commission
(4)
Before each general election to the House of the People and to the
Legislative Assembly of each State, and before the first general
election and thereafter before each biennial election to the Legislative
Council of each State having such Council, the President may also
appoint after consultation with the Election Commission such Regional
Commissioners as he may consider necessary to assist the Election
Commission in the performance of the functions conferred on the
Commission by clause ( 1 )
(5)
Subject to the provisions of any law made by Parliament, the conditions
of service and tenure of office of the Election Commissioners and the
Regional Commissioners shall be such as the President may by rule
determine; Provided that the Chief Election Commissioner shall not be
removed from his office except in like manner and on the like grounds as
a Judge of the Supreme Court and the conditions of service of the Chief
Election Commissioner shall not be varied to his disadvantage after his
appointment: Provided further that any other Election Commissioner or a
Regional Commissioner shall not be removed from office except on the
recommendation of the Chief Election Commissioner
(6)
The President, or the Governor of a State, shall, when so requested by
th Election Commission, make available to the Election Commission or to a
Regional Commissioner such staff as may be necessary for the discharge
of the functions conferred on the Election Commission by clause ( 1 )
325.
No person to be ineligible for inclusion in, or to claim to be included
in a special, electoral roll on grounds of religion, race, caste or sex
There shall be one general electoral roll for every territorial
constituency for election to either House of Parliament or to the House
or either House of the Legislature of a State and no person shall be
ineligible for inclusion in any such roll or claim to be included in any
special electoral roll for any such constituency on grounds only of
religion, race, caste, sex or any of them
326.
Elections to the House of the People and to the Legislative Assemblies
of States to be on the basis of adult suffrage The elections to the
House of the People and to the Legislative Assembly of every State shall
be on the basis of adult suffrage; but is to say, every person who is a
citizen of India and who is not less than twenty one years of age on
such date as may be fixed in that behalf by or under any law made by the
appropriate legislature and is not otherwise disqualified under this
constitution or any law made by the appropriate Legislature on the
ground of non residence, unsoundness of mind, crime or corrupt or
illegal practice, shall be entitled to be registered as a voter at any
such election
327. Power of
Parliament to make provision with respect to elections to Legislatures
Subject to the provisions of this constitution, Parliament may from time
to time by law made provision with respect to all matters relating to,
or in connection with, elections to either House of Parliament or to the
House or either House of the Legislature of a State including the
preparation of electoral rolls, the delimitation of constituencies and
all other matters necessary for securing the due constitution of such
House or Houses
328. Power of
Legislature of a State to make provision with respect to elections to
such Legislature Subject to the provisions of this Constitution and in
so far as provision in that behalf is not made by Parliament, the
Legislature of a State may from time to time bylaw make provision with
respect to all matters relating to, or in connection with, the elections
to the House or either House of the Legislature of the State including
the preparation of electoral rolls and all other matters necessary for
securing the due constitution of such House or Houses
329. Bar to interference by courts in electoral matters Notwithstanding anything in this Constitution
(a)
the validity of any law relating to the delimitation of constituencies
or the allotment of seats to such constituencies, made or purporting to
be made under Article 327 or Article 328, shall not be called in
question in any court;
(b) No
election to either House of Parliament or to the House or either House
of the Legislature of a State shall be called in question except by an
election petition presented to such authority and in such manner as may
be provided for by or under any law made by the appropriate Legislature
329. A Special provision as to elections to Parliament in the case of Prime Minister and Speaker Omitted PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People
(1) Seats shall be reserved in the House of the People for
(a) the Scheduled Castes;
(b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and
(c) the Scheduled Tribes in the autonomous districts of Assam
(2)
The number of seats reserved in any State or Union territory for the
Scheduled Castes or the Scheduled Tribes under clause ( 1 ) shall bear,
as nearly as may be, the same proportion to the total number of seats
allotted to that State or Union territory in the House of the People as
the population of the Scheduled Castes in the State or Union territory
or of the Scheduled Tribes in the State or Union territory or part of
the State or Union territory, as the case may be, in respect of which
seats are so reserved, bears to the total population of the State or
Union territory
(3)
Notwithstanding anything contained in clause ( 2 ), the number of seats
reserved in the House of the People for the Scheduled Tribes in the
autonomous districts of Assam shall bear to the total number of seats
allotted to that State a proportion not less than the population of the
Scheduled Tribes in the said autonomous districts bears to the total
population of the State Explanation In this article 332, the expression
population means the population as ascertained at the last preceding
census of which the relevant figures have been published: Provided that
the reference in this Explanation to the last preceding census of which
the relevant figures have been published shall, until the relevant
figures for the first census taken after the year 2000 have been
published, be construed as a reference to the 1971 census
331.
Representation of the Anglo Indian community in the Hose of the People
Notwithstanding anything in Article 81, the President may, if he is of
opinion that the Anglo Indian community is not adequately represented in
the House of the people, nominate not more than two members of that
community to the House of the People
332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States
(1)
Seats shall be reserved for the Scheduled Castes and the Scheduled
Tribes, except the Scheduled Tribes in the tribal areas of Assam, in
Nagaland and in Meghalaya, in the Legislative Assembly of every State
(2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam
(3)
The number of seats reserved for the Scheduled Castes or the Scheduled
Tribes in the Legislative Assembly nearly as may be, the same proportion
to the total number of seats in the Assembly as the population of the
Scheduled Castes in th State or of the Scheduled Tribes in the State or
part of the State, as the case may be, in respect of which seats are so
reserved bears to the total population of the State
(4)
The number of seats reserved for an autonomous district in the
legislative Assembly of the State of Assam shall bear to the total
number of seats in that Assembly a proportion not less than the
population of the district bears to the total population of the State
(5)
The constituencies for the seats reserved for any autonomous district
of Assam shall not comprise any area outside that district
(6)
No person who is not a member of a Scheduled Tribe of any autonomous
district of the State of Assam shall be eligible for election to the
Legislative Assembly of the State from any constituency of that district
333.
Representation of the Anglo Indian community in the Legislative
Assemblies of the States Notwithstanding anything in Article 170, the
Governor of a State may, if he is of opinion that the Anglo Indian
community needs representation in the Legislative Assembly of the State
and is not adequately represented therein, nominate one member of that
community to the Assembly
334.
Reservation of seats and special representation to cease after forty
years Notwithstanding anything in the foregoing provisions of this Part,
the provisions of Constitution relating to
(a)
the reservation of seats for the Scheduled Castes and the Scheduled
Tribes in the House of the People and in the Legislative Assemblies of
the States; and
(b) the
representation of the Anglo Indian community in the House of the People
and in the Legislative Assemblies of the States by nomination, shall
cease to have effect on the expiration of a period of forty years from
the commencement of this Constitution: Provided that nothing in this
article shall affect any representation in the House of the People or in
the legislative Assembly of a State until the dissolution of the then
existing House or Assembly, as the case may be
335.
Claims of Scheduled Castes and Scheduled Tribes to services and posts
The claims of the members of the Scheduled Castes and the Scheduled
Tribes shall be taken into consideration, consistently with the
maintenance of efficiency of administration, in the making of
appointments to services and posts in connection with the affairs of the
Union or of a State
336. Special provision for Anglo Indian community in certain services
(1)
During the first two years after the commencement of this Constitution,
appointments of members of the Anglo Indian community to posts in the
railway, customs, postal and telegraph services of the Union shall be
made on the same basis as immediately before the fifteenth day of
August, 1947 During every succeeding period of two years, the number of
posts reserved for the members of the said community in the said
services shall, as nearly as possible, be less by ten per cent than the
numbers so reserved during the immediately preceding period of two
years: Provided that at the end of ten years from the commencement of
this Constitution all such reservations shall cease
(2)
Nothing in clause ( 1 ) shall bar the appointment of members of the
Anglo Indian community to posts other than, or in addition to, those
reserved for the community under that clause if such members are found
qualified for appointment on merit as compared with the members of other
communities
337. Special
provision with respect to educational grants for the benefit of Anglo
Indian community During the first three financial years after the
commencement of this Constitution, the same grants, if any, shall be
made by the Union and by each State for the benefit of the Anglo Indian
community in respect of education as were made in the financial year
ending on the thirty first day of March, 1948 During every succeeding
period of three years the grants may be less by ten per cent than those
for the immediately preceding period of three years: Provided that at
the end of ten years from the commencement of this Constitution such
grants, to the extent to which they are a special concession to the
Anglo Indian community, shall cease: Provided further that no
educational institution shall be entitled to receive any grant under
this article unless at least forty per cent of annual admissions therein
are made available to members of communities other than the Anglo
Indian community
338. Special Officer for Scheduled Castes, Scheduled Tribes etc
(1) There shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President
(2)
It shall be the duty of the Special Officer to investigate all matters
relating to the safeguards provided for the Scheduled Castes and
Scheduled Tribes under this Constitution and report to the President
upon the working of those safeguards at such intervals as the President
may direct, and the President shall cause all such reports to be laid
before each House of Parliament
(3)
In this article references to the Scheduled Castes and Scheduled Tribes
shall be construed as including references to such other backward
classes as the President may, on receipt of the report of a Commission
appointed under clause ( 1 ) of Article 340, by order specify and also
to the Anglo Indian community
339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes
(1)
The President may at any time and shall, at the expiration of ten years
from the commencement of this Constitution by order appoint a
Commission to report on the administration of the Scheduled Areas and
the welfare of this Scheduled Tribes in the States The order may define
the composition, powers and procedure of the Commission and may contain
such incidental or ancillary provisions as the President may consider
necessary or desirable
(2) The
executive power of the Union shall extend to the giving of directions to
a State as to the drawing up and execution of schemes specified in the
direction to be essential for the welfare of the Scheduled Tribes in the
State
340. Appointment of a Commission to investigate the conditions of backward classes
(1)
The President may by order appoint a Commission consisting of such
persons as he thinks fit to investigate the conditions of socially and
educationally backward classes within the territory of India and the
difficulties under which they labour and to make recommendations as to
the steps that should be taken by the Union or any State to remove such
difficulties and to improve their condition and as to the grants that
should be made for the purpose by the Union or any State the conditions
subject to which such grants should be made, and the order appointing
such Commission shall define the procedure to be followed by the
Commission
(2) A Commission so
appointed shall investigate the matters referred to them and present to
the President a report setting out the facts as found by them and making
such recommendations as they think proper
(3)
The President shall cause a copy of the report so presented together
with a memorandum explaining the action taken thereon to be laid before
each House of Parliament
341. Scheduled Castes
(1)
The President may with respect to any State or Union territory, and
where it is a State after consultation with the Governor thereof, by
public notification, specify the castes, races or tribes or parts of or
groups within castes, races or tribes which shall for the purposes of
this Constitution be deemed to be Scheduled Castes in relation to that
State or Union territory, as the case may be
(2)
Parliament may by law include in or exclude from the list of Scheduled
Castes specified in a notification issued under clause ( 1 ) any caste,
race or tribe or part of or group within any caste, race or tribe, but
save as aforesaid a notification issued under the said clause shall not
be varied by any subsequent notification
342. Scheduled Tribes
(1)
The President may with respect to any State or Union territory, and
where it is a State, after consultation with the Governor thereof, by
public notification, specify the tribes or tribal communities or parts
of or groups within tribes or tribal communities which shall for the
purposes of this Constitution be deemed to be Scheduled Tribes in
relation to that State or Union territory, as the case may be
(2)
Parliament may by law include in or exclude from the list of Scheduled
Tribes specified in a notification issued under clause ( 1 ) any tribe
or tribal community or part of or group within any tribe or tribal
community, but save as aforesaid a notification issued under the said
clause shall not be varied by any subsequent notification
PART XVII OFFICIAL LANGUAGE CHAPTER I LANGUAGE OF THE UNION
PART XVII OFFICIAL LANGUAGE CHAPTER I LANGUAGE OF THE UNION
343. Official language of the Union
(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 of Indian numerals
(2)
Notwithstanding anything in clause ( 1 ), for a period of fifteen years
from the commencement of this Constitution, the English language shall
continue to be used for all the official purposes of the Union for which
it was being used immediately before such commencement: Provided that
the president may, during the said period, by order authorise the use of
the Hindi language in addition to the English language and of the
Devanagari form of numerals in addition to the international form of
Indian numerals for any of the official purposes of the Union
(3)
Notwithstanding anything in this article, Parliament may by law provide
for the use, after the said period of fifteen years, of
(a) the English language, or
(b) the Devanagari form of numerals, for such purposes as may be specified in the law
344. Commission and Committee of Parliament on official language
(1)
The President shall, at the expiration of five years from the
commencement of this Constitution and thereafter at the expiration of
ten years from such commencement, by order constitute a Commission which
shall consist of a Chairman and such other members representing the
different languages specified in the English Schedule as the President
may appoint, and the order shall define the procedure to be followed by
the Commission
(2) It shall be the duty of the Commission to make recommendations to the President as to
(a) the progressive use of the Hindi language for the official purposes of the 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 the Union and the language for communication
between the Union and a State or between one State and another and their
use
(3) In making their
recommendations under clause ( 2 ), the Commission shall have due regard
to the industrial, cultural and scientific advancement of India, and
the jut claims and the interests of persons belonging to the non Hindi
speaking areas in regard to the public services
(4)
There shall be constituted a Committee consisting of thirty members, of
whom twenty shall be members of the House of the People and ten shall
be members of the Council of States to be elected respectively by the
members of the House of the People and the members of the council of
States in accordance with the system of proportional representation by
means of the single transferable vote
(5)
It shall be the duty of the Committee to examine the recommendations of
the Commission constituted under clause ( 1 ) and to report to the
President their opinion thereon
(6)
Notwithstanding anything in Article 343, the President may, after
consideration of the report referred to in clause ( 5 ), issue
directions in accordance with the whole or any part of that report
CHAPTER II REGIONAL LANGUAGES
345.
Official language or languages of a State Subject to the provisions of
Article 346 and 347, the Legislature of a State may by law adopt any one
or more of the languages in use in the State or Hindi as the language
or languages to be used for all or any of the official purposes of that
State: Provided that, until the Legislature of the State otherwise
provides by law, the English language shall continue to be used for
those official purposes within the State for which it was being used
immediately before the commencement of this Constitution
346.
Official language for communication between one State and another or
between a State and the Union The language for the time being authorised
for use in the Union for official purposes shall be the official
language for communication between one State and another State and
between a State and the Union: Provided that if two or more States agree
that the Hindi language should be the official language for
communication between such States, that language may be used for such
communication
347. Special
provision relating to language spoken by a section of the population of a
State On a demand being made in that behalf the President may, if he is
satisfied that a substantial proportion of the population of a State
desire the use of any language spoken by them to be recognised
throughout that State or any part thereof for such purpose as he may
specify CHAPTER III LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc
(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides
(a) all proceedings in the Supreme Court and in every High Court,
(b) the authoritative texts
(i)
of all Bills to be introduced or amendments thereto to be moved in
either House of Parliament or in the House or either House of the
Legislature of a State,
(ii) of
all Acts passed by Parliament or the Legislature of a State and of all
Ordinances promulgated by the President or the Governor of a State, and
(iii)
of all orders, rules, regulations and bye laws issued under this
Constitution or under any law made by Parliament or the Legislature of a
State, shall be in the English language
(2)
Notwithstanding anything in sub clause (a) of clause ( 1 ), the
Governor of a State may, with the previous consent of the President,
authorise the use of the Hindi language, or any other language used for
any official purposes of the State, in proceedings in the High Court
having its principal seat in that State: Provided that nothing in this
clause shall apply to any judgment, decree or order passed or made by
such High Court
(3)
Notwithstanding anything in sub clause (b) of clause ( 1 ), where the
Legislature of a State has prescribed any language other than the
English language for use in Bills introduced in, or Acts passed by, the
Legislature of the State or in Ordinances promulgated by the Governor of
the State or in any order, rule, regulation or bye law referred to in
paragraph (iii) of that sub clause, a translation of the same in the
English language published under the authority of the Governor of the
State in the Official Gazette of that State shall be deemed to be the
authoritative text thereof in the English language under this article
349.
Special procedure for enactment of certain laws relating to language
During the period of fifteen years from the commencement of this
Constitution, no Bill or amendment making provision for the language to
be used for any of the purposes mentioned in clause ( 1 ) of Article 348
shall be introduced or moved in either House of Parliament without the
previous sanction of the President, and the President shall not give his
sanction to the introduction of any such Bill or the moving of any such
amendment except after he has taken into consideration the
recommendations of the Commission constituted under clause ( 1 ) of
Article 344 and the report of the Committee constituted under clause ( 4
) of that article CHAPTER IV SPECIAL DIRECTIVES
350.
Language to be used in representations for redress of grievances Every
person shall be entitled to submit a representation for the redress of
any grievance to any officer or authority of the Union or a State in any
of the languages used in the Union or in the State, as the case may be
350.
A Facilities for instruction in mother tongue at primary stage It shall
be the endeavour of every State and of every local authority within the
State to provide adequate facilities for instruction in the mother
tongue at the primary stage of education to children belonging to
linguistic minority groups; and the President may issue such directions
to any State as he considers necessary or proper for securing the
provision of such facilities
350. B Special Officer for linguistic minorities
(1) There shall be a Special Officer for linguistic minorities to be appointed by the President
(2)
It shall be the duty of the Special Officer to investigate all matters
relating to the safeguards provided for linguistic minorities under this
Constitution and report to the President upon those matters at such
intervals as the president may direct, and the President may direct, and
the President shall cause all such reports to be laid before each House
of Parliament, and sent to the Governments of the States concerned
351.
Directive for development of the Hindi language It shall be the duty of
the Union to promote the spread of the Hindi language, to develop it so
that it may serve as a medium of expression for all the elements of the
composite culture of India and to secure its enrichment by assimilating
without interfering with its genius, the forms, style and expressions
used in Hindustani and in the other languages of India specified in the
Eighth Schedule, and by drawing, wherever necessary or desirable, for
its vocabulary, primarily on Sanskrit and secondarily on other languages
PART XVIII EMERGENCY PROVISIONS
PART XVIII EMERGENCY PROVISIONS
352. Proclamation of Emergency
(1)
If the President is satisfied that a grave emergency exists whereby the
security of India or of any part of the territory thereof is
threatened, whether by war or external aggression or armed rebellion, he
may, by Proclamation, made a declaration to that effect in respect of
the whole of India or of such part of the territory thereof as may be
specified in the Proclamation Explanation A Proclamation of Emergency
declaring that the security of India or any part of the territory
thereof is threatened by war or by external aggression or by armed
rebellion may be made before the actual occurrence of war or of any such
aggression or rebellion, if the President is satisfied that there is
imminent danger thereof
(2) A Proclamation issued under clause (I) may be or revoked by a subsequent proclamation
(3)
The President shall not issue a Proclamation under clause (I) or a
Proclamation varying such Proclamation unless the decision of the Union
Cabinet (that is to say, the Council consisting of the Prime Minister
and other Ministers of Cabinet rank under Article 75) that such a
Proclamation may be issued has been communicated to him in writing
(4)
Every Proclamation issued under this article shall be laid before each
House of Parliament and shall, except where it is a Proclamation
revoking a previous Proclamation, cease to operate at the expiration of
one month unless before the expiration of that period it has been
approved by resolutions of both Houses of Parliament Provided that if
any such Proclamation (not being a Proclamation revoking a previous
Proclamation) is issued at a time when the House of the People has been
dissolved, or place during the period of one month referred to in this
clause, and if a resolution approving the Proclamation has been passed
by the Council of States, but no resolution with respect to such
Proclamation has been passed by the House of the People before the
expiration of that period, the Proclamation shall cease to operate at
the expiration of thirty days from the date on which the House of the
People first sits after its reconstitution, unless before the expiration
of the said period of thirty days a resolution approving the
Proclamation has been also passed by the House of the People
(5)
A Proclamation so approved shall, unless revoked, cease to operate on
the expiration of a period of six months from the date of the passing of
the second of the resolutions approving the proclamation under clause (
4 ); Provided that if and so often as a resolution approving the
continuance in force of such a Proclamation is passed by both Houses of
Parliament the Proclamation shall, unless revoked, continue in force for
a further period of six months from the date on which it would
otherwise have ceased of operate under this clause Provided further that
if the dissolution of the House of the People takes place during any
such period of six months an a resolution approving the continuance in
force of such Proclamation has been passed by the House of the People
during the said period, the Proclamation shall cease to operate at the
expiration of thirty days from the date on which the House of the People
first sits after its reconstitution unless before the expiration of the
said period of thirty days, a resolution approving the continuance in
force of the proclamation has been also passed by the House of the
People
(6) For the purpose of
clause ( 4 ) and ( 5 ), a resolution may be passed by either House of
Parliament only by a majority of the total membership of that House and
by a majority of not less than two thirds of the members of that House
present and voting
(7)
Notwithstanding anything contained in the foregoing clauses, the
President shall revoke a Proclamation issued under clause (l) or a
Proclamation varying such Proclamation if the House of the People passes
a resolution disapproving, or, as the case may be, disapproving the
continuance in force of, such Proclamation
(8)
Where a notice in writing signed by not less than one tenth of the
total number of members of the House of the People has been given of,
their intention to move a resolution for disapproving, or, as the case
may be, for disapproving the continuance in force of, a Proclamation
issued under clause (l) or a Proclamation varying such Proclamation,
(a) to the Speaker, if the House is in session; or
(b)
to the President, if the House is not in session, a special sitting of
the House shall be held within fourteen days from the date on which such
notice is received by the Speaker, or as the case may be, by the
President, for the purpose of considering such resolution
(9)
The power conferred on the President by this article shall include the
power to issue different Proclamations on different grounds, being war
or external aggression or armed rebellion or imminent danger of war or
external aggression or armed rebellion, whether or not here is a
Proclamation already issued by the President under clause (l) and such
Proclamation is in operation
353. Effect of Proclamation of Emergency While a Proclamation of Emergency is in operation, then
(a)
notwithstanding anything in this Constitution, the executive power of
the Union shall extend to the giving of directions to any State as to
the manner in which the executive power thereof is to be exercised;
(b)
the power of Parliament to make laws with respect to any matter shall
include power to make laws conferring powers and imposing duties, or
authorising the conferring of powers and the imposition of duties, upon
the Union or officers and authorities of the Union as respects that
matter, notwithstanding that t is one which is not enumerated in the
Union List; Provided that where a Proclamation of Emergency is in
operation only in any part of the territory of India,
(i) the executive power of the 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 Emergency is in operation if and in so far as the
security of India or any part of the territory thereof is threatened by
activities in or in relation to the part of the territory of India in
which the Proclamation of Emergency is in operation
354.
Application of provisions relating to distribution of revenues while a
Proclamation of Emergency is in operation (l) The President may, while a
Proclamation of Emergency is in operation, by order direct that all or
any of the provisions of Articles 268 to 279 shall for such period, not
extending in any case beyond the expiration of the financial year in
which such Proclamation ceases to operate, as may be specific in the
order, have effect subject to such exceptions or modifications as he
thinks fit
(2) Every order made under clause (l) shall, as soon as may be after it is made, be laid before each House of Parliament
355.
Duty of the Union to protect States against external aggression and
internal disturbance It shall be the duty of the Union to protect every
State against external aggression and internal disturbance and to ensure
that the government of every State is carried on in accordance with the
provisions of this Constitution
356. Provisions in case of failure of constitutional machinery in State
(1)
If the President, on receipt of report from the Governor of the State
or otherwise, is satisfied that a situation has arisen in which the
government of the State cannot be carried on in accordance with he
provisions of this Constitution, the President may be Proclamation
(a)
assume to himself all or any of the functions of the Government of the
State and all or any of the powers vested in or exercisable by the
Governor or any body or authority in the State other than the
Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c)
make such incidental and consequential provisions as appear to the
president to be necessary or desirable for giving effect to the objects
of the Proclamation, including provisions for suspending in whole or in
part the operation of any provisions of this constitution relating to
any body or authority in the State Provided that nothing in this clause
shall authorise the President to assume to himself any of the powers
vested in or exercisable by a High Court, or to suspend in whole or in
part the operation of any provision of this Constitution relating to
High Courts
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation
(3)
Every Proclamation issued under this article except where it is a
Proclamation revoking a previous Proclamation, cease to operate at the
expiration of two months unless before the expiration of that period it
has been approved by resolutions of both Houses of Parliament Provided
that if any such Proclamation (not being a Proclamation revoking a
previous Proclamation) is issued at a time when the House of the People
is dissolved or the dissolution of the House of the People takes place
during the period of two months referred to in this clause, and if a
resolution approving the Proclamation has been passed by the Council of
States, but no resolution with respect to such Proclamation has been
passed by the House of the People before the expiration of that period,
the Proclamation Shall cease to operate at the expiration of thirty days
from the date on which the House of the People first sits after its
reconstitution unless before the expiration of the said period of thirty
days a resolution approving the Proclamation has been also passed by
the House of the People
(4) A
Proclamation so approved shall, unless revoked, cease to operate on the
expiration of a period of six months from the date of issue of the
Proclamation: Provided that if and so often as a resolution approving
the continuance in force of such a Proclamation is passed by both Houses
of Parliament, the Proclamation shall, unless revoked, continue in
force for a further period of six months from the date on which under
this clause it would otherwise have ceased to operating, but no such
Proclamation shall in any case remain in force for more than three
years: Provided further that if the dissolution of the House of the
People takes place during any such period of six months and a resolution
approving the continuance in force of such Proclamation has been passed
by the Council of States, but no resolution with respect to the
continuance in force of such Proclamation has been passed by the House
of the People during the said period, the Proclamation shall cease to
operate at the expiration of thirty days from the date on which the
House of the People first sits after its reconstitution unless before
the expiration of the said period of thirty days a resolution approving
the continuance in force of the Proclamation has been also passed by the
House of the People
(5)
Notwithstanding anything contained in clause ( 4 ), a resolution with
respect to the continuance in force of a Proclamation approved under
clause ( 3 ) for any period beyond the expiration of one year from the
date of issue of such proclamation shall not be passed by either House
of Parliament unless
(a) a
Proclamation of Emergency is in operation, in the whole of India or, as
the case may be, in the whole or any part of the State, at the time of
the passing of such resolution, and
(b)
the Election Commission certifies that the continuance in force of the
Proclamation approved under clause ( 3 ) during the period specified in
such resolution is necessary on account of difficulties in holding
general elections to the Legislative Assembly of the State concerned:
Provided that in the case of the Proclamation issued under clause ( 1 )
on the 6 th day of October, 1985 with respect to the State of Punjab,
the reference in this clause to any period beyond the expiration of two
years
357. Exercise of legislative powers under Proclamation issued under Article 356
(1)
Whereby a Proclamation issued under clause ( 1 ) of Article 356, it has
been declared that the powers of the Legislature of the State shall be
exercisable by or under the authority of Parliament, it shall be
competent
(a) for Parliament to
confer on the President the power of the Legislature of the State to
make laws, and to authorise the President to delegate, subject to such
conditions as he may think fit to impose, the power so conferred to any
other authority to be specified by him in that behalf;
(b)
for Parliament, or for the President or other authority in whom such
power to make laws is vested under sub clause (a), to make laws
conferring powers and imposing duties, or authorising the conferring of
powers and the imposition of duties, upon the Union or officers and
authorities thereof;
(c) for the
President to authorise when the House of the People is not in session
expenditure from the Consolidated Fund of the State pending the sanction
of such expenditure by Parliament
(2)
Any law made in exercise of the power of the Legislature of the State
by Parliament or the President or other authority referred to in sub
clause (a) of clause ( 1 ) which Parliament or the President or such
other authority would not, but for the issue of a Proclamation under
Article 356, have been competent to make shall, after the Proclamation
has ceased to operate, continue in force until altered or repealed or
amended by a competent Legislature or other authority
358. Suspension of provisions of Article 19 during emergencies
(1)
While a Proclamation of Emergency declaring that the security of India
or any part of the territory thereof is threatened by war or by external
aggression is in operation, nothing in Article 19 shall restrict the
power of the State as defined in Part III to make any law or to take any
executive action which the State would but for the provisions contained
in that Part be competent to make or to take, but any law so made
shall, to the extent of the in competency, cease to have effect as soon
as the Proclamation ceases to operate, except as respects things done or
omitted to be done before the law so ceases to have effect: Provided
that where such Proclamation of Emergency is in operation only in any
part of the territory of India, any such law may be made, or any such
executive action may be taken, under this article in relation to or in
any State or Union territory in which or in any part of which the
Proclamation of Emergency is not in operation, if and in so far as the
security of India or any part of the territory thereof is threatened by
activities in or in relation to the part of the territory of India in
which the Proclamation of Emergency is in operation
(2)
Nothing in clause ( 1 ) shall apply (a) to any law which does not
contain a recital to the effect that such law is in relation to the
Proclamation of Emergency in operation when it is made; or (b) to any
executive action taken otherwise than under a law containing such a
recital
359. Suspension of the enforcement of the rights conferred by Part III during emergencies
(1)
Where a Proclamation of Emergency is in operation, the President may by
order declare that the right to move any court for the enforcement of
such of the rights conferred by Part III (except Article 20 and 21) as
may be mentioned in the order and all proceedings pending in any court
for the enforcement of the rights so mentioned shall remain suspended
for the period during which the Proclamation is in force or for such
shorter period as may be specified in the order
(1A)
While an order made under clause ( 1 ) mentioning any of the rights
conferred by Part III (except Article 20 and 21) is in operation,
nothing in that Part conferring those rights shall restrict the power of
the State as defined in the said Part to make any law or to take any
executive action which the State would but for the provisions containing
in that Part be competent to make or to take, but any law so made
shall, to the extent of the in competency, cease to have effect as soon
as the order aforesaid ceases to operate, except as respects things done
or omitted to be done before the law so ceases to have effect Provided
that where a Proclamation of Emergency is in operation only in any part
of the territory of India, any such law may be made, or any such
executive action may be taken, under this article in relation to or in
any State or Union territory in which or in any part of which the
Proclamation of Emergency is not in operation, if and in so far as the
security of India or any part of the territory thereof is threatened by
activities in or in relation to the part of the territory of India in
which the Proclamation of Emergency is in operation
(1B) Nothing in clause ( 1A ) shall apply
(a)
to any law which does not contain a recital to the effect that such law
is in relation to the Proclamation of Emergency in operation when it is
made; or
(b) to any executive action taken otherwise than under a law containing such a recital
(2)
An order made as aforesaid may extend to the whole or any part of the
territory of India: Provided that where a Proclamation of Emergency is
in operation only in a part of the territory of India, any such order
shall not extend to any other part of the territory of India unless the
President, being satisfied that the security of India or any part of the
territory thereof is threatened by activities in or in relation to the
part of the territory of India in which the Proclamation of Emergency is
in operation, considers such extension to be necessary
(3) Every order made under clause ( 1 ) shall, as soon may be after it is made, be laid before each House of Parliament
360. Provisions as to financial emergency
(1)
If the President is satisfied that a situation has arisen whereby the
financial stability or credit of India or of any part of the territory
thereof is threatened, he may by a Proclamation make a declaration to
that effect
(2) A Proclamation issued under clause ( 1 )
(a) may be revoked or varied by a subsequent Proclamation;
(b) shall be laid before each House of Parliament;
(c)
shall cease to operate at the expiration of two months unless before
the expiration of that period it has been approved by resolutions of
both Houses of Parliament: Provided that if any such Proclamation is
issued at a time when the House of the People has been dissolved or the
dissolution of the House of the People takes place during the period of
two months referred to in sub clause (c), and if a resolution approving
the Proclamation has been passed by the Council of States, but no
resolution with respect to such Proclamation has been passed by the
House of the People before the expiration of that period, the
Proclamation shall cease to operate at the expiration of thirty days
from the ate on which the House of the People first sits after its
reconstitution, unless before the expiration of the said period of
thirty days a resolution approving the Proclamation has been also passed
by the House of the People
(3)
During the period any such Proclamation as is mentioned in clause ( 1 )
is in operation, the executive authority of the Union shall extend to
the giving of directions to any State to observe such canons of
financial propriety as may be specified in the directions, and to the
giving of such other directions as the President may deem necessary and
adequate for the purpose
(4) Notwithstanding anything in this Constitution
(a) any such direction may include
(i)
a provision requiring the reduction of salaries and allowances of all
or any class of persons serving in connection with the affairs of a
State;
(ii) a provision requiring
all Money Bills or other Bills to which the provisions of Article 207
apply to be reserved for the consideration of the President after they
are passed by the Legislature of the State;
(b)
it shall be competent for the President during the period any
Proclamation issued under this article is in operation to issue
directions for the reduction of salaries and allowances of all or any
class of persons serving in connection with the affairs of the Union
including the Judges of the Supreme Court and the High Courts
PART XIX MISCELLANEOUS
PART XIX MISCELLANEOUS
361. Protection of President and Governors and Rajpramukhs
(1)
The President, or the Governor or Rajpramukh of a State, shall not be
answerable to any court for the exercise and performance of the powers
and duties of his office or for any act done or purporting to be done by
him in the exercise and performance of those powers and duties:
Provided that the conduct of the President may be brought under review
by any court, tribunal or body appointed or designated by either House
of Parliament for the investigation of a charge under Article 61:
Provided further that nothing in this clause shall be construed as
restricting the right of any person to bring appropriate proceedings
against the Governor of India or the Government of a State
(2)
No criminal proceedings whatsoever shall be instituted or continued
against the President, or the Governor of a State, in any court during
his term of office
(3) No process
for the arrest or imprisonment of the President, or the Governor of a
State, shall issue from any court during his term of office
(4)
any civil proceedings in which relief is claimed against the President,
or the Governor of a State, shall be instituted during his term of
office in any court in respect of any act done or purporting to be done
by him in his personal capacity, whether before or after he entered upon
his office as President, or as Governor of such State, until the
expiration of two months next after notice in writing has been delivered
to the President or Governor, as the case may be, or left at his office
stating the nature of the proceedings, the cause of action therefor,
the name, description and place of residence of the party by whom such
proceedings are to be instituted and the relief which he claims
361. A Protection of publication of proceedings of Parliament and State Legislature
(1)
No person shall be liable to any proceedings, civil or criminal, in any
court in respect of the publication in a newspaper of a substantially
true report of any proceedings of either House of Parliament or the
Legislative Assembly, or, as the case may be, either House of the
Legislature, of a State, unless the publication is proved to have been
made with malice: Provided that nothing in this clause shall apply to
the publication of any report of the proceedings of a secret sitting of
either House of Parliament or the Legislative Assembly, or, as the case
may be, either House of the Legislature, of a State
(2)
Clause ( 1 ) shall apply in relation to reports or matters broadcast,
by means of wireless telegraphy as part of any programme or service
provided by means of a broadcasting station as it applies in relation to
reports or matters published in a newspaper Explanation In this
article, newspaper includes a news agency report containing material for
publication in a newspaper
362. Rights and privileges of Rulers of Indian States Rep by the Constitution (Twenty sixth Amendment) Act, 1971 ,
363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc
(1)
Notwithstanding anything in this Constitution but subject to the
provisions of Article 143, neither the Supreme Court nor any other court
shall have jurisdiction in any dispute arising out of any provision of a
treaty, agreement, covenant, engagement, sanad or other similar
instrument which was entered into or executed before the commencement of
this Constitution by any Ruler of an Indian State and to which the
Government was a party and which has or has been continued in operation
after such commencement, or in any dispute in respect of any right
accruing under or any liability or obligation arising out of any of the
provisions of this Constitution relating to any such treaty, agreement,
covenant, engagement, sanad or other similar instrument
(2) In this article
(a)
Indian State means any territory recognised before the commencement of
this Constitution by His Majesty or the Government of the Dominion of
India as being such a State; and
(b)
Ruler includes the Prince, Chief or other person recognised before such
commencement by His Majesty or the Government of the Dominion of India
as the Ruler of any Indian State
363.
A Recognition granted to Rulers of Indian States to cease and privy
purses to be abolished Notwithstanding anything in this Constitution or
in any law for the time being in force
(a)
the Prince, Chief or other person who, at any time before the
commencement or the Constitution (Twenty sixth Amendment) Act, 1971 ,
was recognised by the President as the Ruler of an Indian State or any
person who, at any time before such commencement, was recognised by the
President as the successor of such Ruler shall, on and from such
commencement, cease to be recognised as such Ruler or the successor of
such Ruler;
(b) on and from the
commencement of the Constitution (Twenty sixth Amendment) Act, 1971 ,
privy purse is abolished and all rights, liabilities and obligations in
respect of privy purse are extinguished and accordingly the Ruler or, as
the case may be, the successor of such Ruler, referred to in clause (a)
or any other person shall not be paid any sum as privy purse
364. Special provisions as to major ports and aerodromes
(1)
Notwithstanding anything in this Constitution, the President may by
public notification direct that as from such date as may be specified in
the notification
(a) any law
made by Parliament or by the Legislature of a State shall not apply to
any major port or aerodrome or shall apply thereto subject to such
exceptions or modifications as may be specified in the notification, or
(b)
any existing law shall cease to have effect in any major port or
aerodrome except as respects things done or omitted to be done before
the said date, or shall in its application to such port or aerodrome
have effect subject to such exceptions or modifications as may be
specified in the notification
(2) In this article
(a)
major port means a port declared to be a major port by or under any law
made by Parliament or any existing law and includes all areas for the
time being included within the limits of such port;
(b) aerodrome means aerodrome as defined for the purposes of the enactment s relating to airways, aircraft and air navigation
365.
Effect of failure to comply with, or to give effect to, directions
given by the Union Where any State has failed to comply with or to give
effect to any directions given in the exercise of the executive power of
the Union under any directions given in the exercise of the executive
power of the Union under any of the provisions of this Constitution, it
shall be lawful for the President to hold that a situation has arisen in
which the government of the State cannot be carried on in accordance
with the provisions of this Constitution
366.
Definition In this Constitution, unless the context otherwise requires,
the following expressions have l, the meanings hereby respectively
assigned to them, that is to say
(1) agricultural income means agricultural income as defined for the purposes of the enactments relating to Indian income tax;
(2)
an Anglo Indian means a person whose father or any of whose other male
progenitors in the male line is or was of European descent but who is
domiciled within the territory of India and is or was born within such
territory of parents habitually resident therein and not established
there for temporary purposes only;
(3) article means an article of this Constitution;
(4) borrow includes the raising of money by the grant of annuities, and loan shall be construed accordingly;
(5) clause means a clause of the article in which the expression occurs;
(6)
corporation tax means any tax on income, so far as that tax is payable
by companies and is a tax in the case of which the following conditions
are fulfilled:
(a) that it is not chargeable in respect of agricultural income;
(b)
that no deduction in respect of the tax paid by companies is, by any
enactments which may apply to the tax, authorised to be made from
dividends payable by the companies to individuals;
(c)
that no provision exists for taking the tax so paid into account in
computing for the purposes of Indian income tax the total income of
individuals receiving such dividends, or in computing the Indian income
tax payable by, or refundable to, such individuals;
(7)
corresponding Province, corresponding Indian State or corresponding
State means in cases of doubt such Province, Indian State or State as
may be determined by the President to be the corresponding Province, the
corresponding Indian State or the corresponding State, as the case may
be, for the particular purpose in question;
(8)
debt includes any liability in respect of any obligation to repay
capital sums by way of annuity and any liability under any guarantee,
and debt charges shall be construed accordingly;
(9)
estate duty means a duty to be assessed on or by reference to the
principal value, ascertained in accordance with such rules as may be
prescribed by or under laws made by Parliament or the Legislature of a
State relating to the duty, of all property passing upon death or
deemed, under the provisions of the said laws, so to pass;
(10)
existing law means any law, Ordinance, order, bye law, rule or
regulation passed or made before the commencement of this Constitution
by any Legislature, authority or person having power to make such a law,
Ordinance, order, bye law, rule or regulation;
(11) Federal Court means the Federal Court constituted under the Government of India Act, 1935 ;
(12) goods includes all materials, commodities, and articles;
(13)
guarantee includes any obligation undertaken before the commencement of
this Constitution to make payments in the event of the profits of an
undertaking falling short of a specified amount;
(14)
High Court means any court which is deemed for the purposes of this
Constitution to be a High Court for any State and includes
(a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and
(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 recognised as such a State;
(16) Part means a part of this Constitution;
(17)
pension means a pension, whether contributory or not, of any kind
whatsoever payable to or in respect of any person, and includes retired
pay so payable, a gratuity so payable and any sum or sums so payable by
way of the return, with or without interest thereon or any other
addition thereto, of subscriptions to a provident fund;
(18) Proclamation of Emergency means a Proclamation issued under clause ( 1 ) of Article 352;
(19) public notification means a notification in the Gazette of India, or, as the case may be, the Official Gazette of a State;
(20) railway does not include
(a) a tramway wholly within a municipal area, or
(b) any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway;
(22)
Ruler means the Prince, Chief or other person who, at any time before
the commencement of the Constitution (Twenty sixth Amendment) Act, 1971 ,
was recognised by the President as the Ruler of an Indian State or any
person who, at any time before such commencement, was recognised by the
President as the successor of such Ruler;
(23) Schedule means a Schedule to this Constitution;
(24)
Scheduled Castes means such cases, races or tribes or parts of or
groups within such castes, races or tribes as are deemed under Article
341 to be Scheduled Castes for the purposes of this Constitution;
(25)
Scheduled Tribes means such tribes or tribal communities or parts of or
groups within such tribes or tribal communities as are deemed under
Article 342 to be Scheduled Tribes for the purposes of this
Constitution;
(26) securities includes stock;
(27) sub clause means a sub clause of the clause in which the expression occurs;
(28)
taxation includes the imposition of any tax or impost, whether general
or local or special, and tax shall be construed accordingly;
(29) tax on income includes a tax in the nature of an excess profits tax;
(29A) tax on the sale or purchase of goods includes
(a)
a tax on the transfer, otherwise than in pursuance of a contact, of
property in any goods for cash, deferred payment or other valuable
consideration;
(b) a tax on the
transfer of property in goods (whether as goods or in some other form)
invoked in the execution of a works contract;
(c) a tax on the delivery of goods on hire purchase or any system of payment by instalments;
(d)
a tax on the transfer of the right to use any goods for any purpose
(whether or not for a specified period) for cash, deferred payment or
other valuable consideration;
(e)
a tax on the supply of goods by any unincorporated association or body
of persons to a member thereof for cash, deferred payment or other
valuable consideration;
(f) a tax
on the supply, by way of or as part of any service or in any other
manner whatsoever, of goods, being food or any other article for human
consumption or any drink (whether or not intoxicating), where such
supply or service, is for cash, deferred payment or other valuable
consideration, and such transfer, delivery or supply of any goods shall
be deemed to be a sale of those goods by the person making the transfer,
delivery or supply and a purchase of those goods by the person to whom
such transfer, delivery or supply is made;
(30)
Union territory means any Union territory specified in the First
Schedule and includes any other territory comprised within the territory
of India but not specified in that Schedule
367. Interpretation
(1)
Unless the context otherwise requires, the General Clauses Act, 1897 ,
shall, subject to any adaptations and modifications that may be made
therein under Article 372, apply for the interpretation of this
Constitution as it applies for the interpretation of an Act of the
Legislature of the Dominion of India
(2)
Any reference in this Constitution to Acts or laws of, or made by,
Parliament, or to Acts or laws of, or made by, the Legislature of a
State, shall be construed as including a reference to an Ordinance made
by the President or, to an Ordinance made by a Governor, as the case may
be
(3) For the purposes of this
Constitution foreign State means any State other than India: Provided
that, subject to the provisions of any law made by Parliament, the
President may by order declare any State not to be a foreign State for
such purposes as may be specified in the order
PART XX AMENDMENT OF THE CONSTITUTION
PART XX AMENDMENT OF THE CONSTITUTION
368. Power of Parliament to amend the Constitution and procedure therefor
(1)
Notwithstanding anything in this Constitution, Parliament may in
exercise of its constituent power amend by way of addition, variation or
repeal any provision of this Constitution in accordance with the
procedure laid down in this article
(2)
An amendment of this Constitution may be initiated only by the
introduction of a Bill for the purpose in either House of Parliament,
and when the Bill is passed in each House by a majority of the total
membership of that House present and voting, it shall be presented to
the President who shall give his assent to the Bill and thereupon the
Constitution shall stand amended in accordance with the terms of the
Bill: Provided that if such amendment seeks to make any change in
(a) Article 54, Article 55, Article 73, Article 162 or Article 241, or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
(c) any of the Lists in the Seventh Schedule, or
(d) the representation of States in Parliament, or
(e)
the provisions of this article, the amendment shall also require to be
ratified by the Legislature of not less than one half of the States by
resolution to that effect passed by those Legislatures before the Bill
making provision for such amendment is presented to the President for
assent
(3) Nothing in Article 13 shall apply to any amendment made under this article
(4)
No amendment of this Constitution (including the provisions of Part
III) made or purporting to have been made under this article whether
before or after the commencement of Section 55 of the Constitution
(Forty second Amendment) Act, 1976 shall be called in question in any
court on any ground
(5) For the
removal of doubts, it is hereby declared that there shall be no
limitation whatever on the constituent power of Parliament to amend by
way of addition, variation or repeal the provisions of this Constitution
under this article
PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
369.
Temporary power to Parliament to make laws with respect to certain
matters in the State List as if they were matters in the Concurrent List
Notwithstanding anything in this Constitution, Parliament shall, during
a period of five years from the commencement of this constitution, have
power to make laws with respect to the following matters as if they
were enumerated in the Concurrent List, namely:
(a)
trade and commerce within a State in, and in production, supply and
distribution of, cotton and woollen textiles, raw cotton (including
ginned cotton and unginned cotton or kapas), cotton seed, paper
(including newsprint), foodstuffs (including edible oilseeds and oil),
cattle fodder (including oil cakes and other concentrates), coal
(including coke and derivatives of coal), iron, steel and mica;
(b)
offences against laws with respect to any of the matters mentioned in
clause (a), jurisdiction and powers of all courts except the Supreme
Court with respect to any of those matters, and fees in respect of any
of those matters but not including fees taken in any court; but any law
made by Parliament, which Parliament would not but for the provisions of
this article have been competent to make, shall, to the extent of the
incompetency, cease to have effect on the expiration of the said period,
except as respects things done or omitted to be done before the
expiration thereof
370. Temporary provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything in this Constitution,
(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to
(i)
those matters in the Union List and the Concurrent List which, in
consultation with the Government of the State, are declared by the
President to correspond to matters specified in the Instrument of
Accession governing the accession of the State to the Dominion of India
as the matters with respect to which the Dominion Legislature may make
laws for that State; and
(ii)
such other matters in the said Lists as, with the concurrence of the
Government of the State, the President may by order specify Explanation
For the purposes of this article, the Government of the State means the
person for the time being recognised by the President as the Maharaja of
Jammu and Kashmir acting on the advice of the Council of Ministers for
the time being in office under the Maharajas Proclamation dated the
fifth day of March, 1948 ;
(c) the provisions of Article 1 and of this article shall apply in relation to that State;
(d)
such of the other provisions of this Constitution shall apply in
relation to that State subject to such exceptions and modifications as
the President may by order specify: Provided that no such order which
relates to the matters specified in the Instrument of Accession of the
State referred to in paragraph (i) of sub clause (b) shall be issued
except in consultation with the Government of the State: Provided
further that no such order which relates to matters other than those
referred to in the last preceding proviso shall be issued except with
the concurrence of that Government
(2)
If the concurrence of the Government of the State referred to in
paragraph (ii) of sub clause (b) of clause ( 1 ) or in the second
proviso to sub clause (d) of that clause be given before the Constituent
Assembly for the purpose of framing the Constitution of the State is
convened, it shall be placed before such Assembly for such decision as
it may take thereon
(3)
Notwithstanding anything in the foregoing provisions of this article,
the President may, by public notification, declare that this article
shall cease to be operative or shall be operative only with such
exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the
State referred to in clause ( 2 ) shall be necessary before the
President issues such a notification
371. Special provision with respect to the States of Maharashtra and Gujarat
(2)
Notwithstanding anything in this Constitution, the President may by
order made with respect to the State of Maharashtra or Gujarat, provide
for any special responsibility of the Governor for
(a)
the establishment of separate development boards for Vidarbha,
Marathwada, and the rest of Maharashtra or, as the case may be,
Saurashtra, Kutch and the rest of these boards will be placed each year
before the State Legislative Assembly;
(b)
the equitable allocation of funds for developmental expenditure over
the said areas, subject to the requirements of the State as a whole; and
(c)
an equitable arrangement providing adequate facilities for technical
education and vocational training, and adequate opportunities for
employment in service under the control of the State Government, in
respect of all the said areas, subject to the requirements of the State
as a whole
371A. Special provision with respect to the State of Nagaland
(1) Notwithstanding anything in this Constitution,
(a) no Act of Parliament in respect of
(i) religious or social practices of the Nagas,
(ii) Naga customary law and procedure,
(iii) administration of civil and criminal justice involving decisions according to Naga customary law,
(iv)
ownership and transfer of land and its resources, shall apply to the
State of Nagaland unless the Legislative Assembly of Nagaland by a
resolution so decides;
(b) the
Governor of Nagaland shall have special responsibility with respect to
law and order in the State of Nagaland for so long as in his opinion
internal disturbances occurring in the Naga Hills Tuensang Area
immediately before the formation of that State continue therein or in
any part thereof and in the discharge of his functions in relation
thereto the Governor shall, after consulting the Council of Ministers,
exercise his individual judgment as to the action to be taken: Provided
that if any question arises whether any matter is or is not a matter as
respects which the Governor is under this sub clause required to act in
the exercise of his individual judgment, the decision of the Governor in
his discretion shall be final, and the validity of anything done by the
Governor shall not be called in question on the ground that he ought or
ought not to have acted in the exercise of his individual judgment:
Provided further that if the President on receipt of a report from the
Governor or otherwise is satisfied that it is no longer necessary for
the Governor to have special responsibility with respect to law and
order in the State of Nagaland, he may by order direct that the Governor
shall cease to have such responsibility with effect from such date as
may be specified in the order;
(c)
in making his recommendation with respect to any demand for a grant,
the Governor of Nagaland shall ensure that any money provided by the
Government of India out of the Consolidated Fund of India for any
specific service or purpose is included in the demand for a grant
relating to that service or purpose and not in any other demand;
(d)
as from such date as the Governor of nagaland may by public
notification in this behalf specify, there shall be estalished a
regional council for the Tuensang district consisting of thirty five
members and the Governor shall in his discretion make rules providing
for
(i) the composition of the
regional council and the manner in which the members of the regional
council shall be chosen: Provided that the Deputy Commissioner of the
Tuensang district shall be the Chairman ex officio of the regional
council and the Vice Chairman of the regional council shall be elected
by the members thereof from amongst themselves;
(ii) the qualifications for being chosen as, and for being, members of the regional council;
(iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council;
(iv) the procedure and conduct of business of the regional council;
(v) the appointment of officers and staff of the regional council and their conditions of services; and
(vi)
any other matter in respect of which it is necessary to make rules for
the constitution and proper functioning of the regional council
(2)
Notwithstanding anything in this Constitution, for a period of ten
years from the date of the formation of the State of Nagaland or for
such further period as the Governor may, on the recommendation of the
regional council, by public notification specify in this behalf,
(a) the administration of the Tuensang district shall be carried on by the Governor;
(b)
where any money is provided by the Government of India to the
Government of Nagaland to meet the requirements of the State of nagaland
as a whole, the Governor shall in his discretion arrange for an
equitable allocation of that money between the Tuensang district and the
rest of the State;
(c) no Act of
the Legislature of Nagaland shall apply to the Tuensang district unless
the Governor, on the recommendation of the regional council, by public
notification so directs and the Governor in giving such direction with
respect to any such Act may direct that the Act shall in its application
to the Tuensang district or any part thereof have effect subject to
such exceptions or modifications as the Governor may specify on the
recommendation of the regional council: Provided that any direction
given under this sub clause may be given so as to have retrospective
effect;
(d) the Governor may make
regulations for the peace, progress and good government of the Tuensang
district and any regulations so made may repeal or amend with
retrospective effect, if necessary, any Act of Parliament or any other
law which is for the time being applicable to that district;
(e)
(i)
one of the members representing the Tuensang district in the
Legislative Assembly of nagaland shall be appointed Minister for
Tuensang affairs by the Governor on the advice of the Chief Minister and
the Chief Minister in tendering his advice shall act on the
recommendation of the majority of the members as aforesaid;
(ii)
the Minister for Tuensang affairs shall deal with, and have direct
access to the Governor on, all matters relating to the Tuensang district
but he shall keep the Chief Minister informed about the same;
(f)
notwithstanding anything in the foregoing provisions of this clause,
the final decision on all matters relating to the Tuensang district
shall be made by the Governor in his discretion;
(g)
in articles 54 and 55 and clause ( 4 ) of Article 80, references to the
elected members of the Legislative Assembly of a State or to each such
member shall include references to the members or member of the
Legislative Assembly of Nagaland elected by the regional council
established under this article;
(h) in Article 170
(i)
clause ( 1 ) shall, in relation to the Legislative Assembly of
Nagaland, have effect as if for the word sixty, the words forty six had
been substituted;
(ii) in the
said clause, the reference to direct election from territorial
constituencies in the State shall include election by the members of the
regional council established under this article;
(iii)
in clauses ( 2 ) and ( 3 ), references to territorial constituencies
shall mean references to territorial constituencies in the Kohima and
Mokokchung districts
371B.
Special provision with respect to the State of Assam Notwithstanding
anything in this Constitution, the President may, by order made with
respect to the State of Assam, provide for the constitution and
functions of a committee of the Legislative Assembly of the State
consisting of members of that Assembly elected from the tribal areas
specified in Part I of the table appended to paragraph 20 of the Sixth
Schedule and such number of other members of that Assembly as may be
specified in the order and for the modifications to be made in the rules
of procedure of that Assembly for the constitution and proper
functioning of such committee
371C. Special provision with respect to the State of Manipur
(1)
Notwithstanding anything in this Constitution, the President may, by
order made with respect to the State of Manipur, provide for the
constitution and functions of a committee of the Legislative Assembly of
the State consisting of members of that Assembly elected from the Hill
Areas of that State, for the modifications to be made in the rules of
business of the Government and in the rules of procedure of the
Legislative Assembly of the State and for any special responsibility of
the Governor in order to secure the proper functioning of such committee
(2)
The Governor shall annually, or whenever so required by the President,
make a report to the President regarding the administration of the Hill
Areas in the State of Manipur and the executive power of the Union shall
extend to the giving of directions to the State as to the
administration of the said areas Explanation In this article, the
expression Hill Areas means such areas as the President may, by order,
declare to be Hill Areas
371D. Special provisions with respect to the state of Andhra Pradesh
(1)
The president may by order made with respect to the state of Andhra
Pradesh provide, having regard to the requirements of the state as a
whole, for equitable opportunities and facilities for the people
belonging to different parts of state, in the matter of public
employment and in the matter of education, and different provisions may
be made for various parts of the state
(2) An order made under clause ( 1 ) may, in particular,
(a)
require the state Government to organise any class or classes of posts
in a civil service of, or any classes of civil post of state and allot
in accordance with such principal and procedure as may be specified in
the order the persons holding such post to the local cadres so
organised;
(b) specify any part or parts of the state which shall be regarded as the local area
(i)
for direct recruitment to posts in any local cadre (whether organised
in pursuance of an order under this article or constituted otherwise)
under the State Government;
(ii) for direct recruitment to posts in any cadre under any local authority within the State; and
(iii)
for the purposes of admission to any University within the State or to
any other educational institution which is subject to the control of the
State Government;
(c) specify
the extent to which, the manner in which and the conditions subject to
which, preference or reservation shall be given or made
(i)
in the matter of direct recruitment to posts in any such cadre referred
to in sub clause (b) as may be specified in this behalf in the order;
(ii)
in the matter of admission to any such University or other educational
institution referred to in sub clause (b) as may be specified in this
behalf in the order, to or in favour of candidates who have resided or
studied for any period specified in the order in the local area in
respect of such cadre, University or other educational institution, as
the case may be
(3) The President
may, by order, provide for the constitution of an Administrative
Tribunal for the State of Andhra Pradesh to exercise such jurisdiction,
powers and authority including any jurisdiction, power and authority
which immediately before the commencement of the constitution (Thirty
second Amendment) Act, 1973 , was exercisable by any court (other than
the Supreme Court) or by any tribunal or other authority as may be
specified in the order with respect to the following matters, namely:
(a)
appointment, allotment or promotion to such class or classes of posts
in any civil service of the State, or to such class or classes of civil
posts under the State, or to such class or classes of posts under the
control of any local authority within the State, as may be specified in
the order;
(b) seniority of
persons appointed, allotted or promoted to such class or classes of
posts in any civil service of the State, or to such class or classes of
civil posts under the State, or to such class or classes of posts under
the control of any local authority within the State, as may be specified
in the order;
(c) such other
conditions of service of persons appointed, allotted or promoted to such
class or classes of civil posts under the State or to such class or
classes of posts under the control of any local authority within the
State, as may be specified in the order
(4) An order made under clause ( 3 ) may
(a)
authorise the Administrative Tribunal to receive representations for
the redress of grievances relating to any matter within its jurisdiction
as the President may specify in the order and to make such orders
thereon as the Administrative Tribunal deems fit;
(b)
contain such provisions with respect to the powers and authorities and
procedure of the Administrative Tribunal (including provisions with
respect to the powers of the Administrative Tribunal to punish for
contempt of itself) as the President may deem necessary;
(c)
provide for the transfer of the Administrative Tribunal of such classes
of proceedings, being proceedings relating to matters within its
jurisdiction and pending before any court (other than the Supreme Court)
or tribunal or other authority immediately before the commencement of
such order, as may be specified in the order;
(d)
contain such supplemental, incidental and consequential provisions
(including provisions as to fees and as to limitation, evidence or for
the application of any law for the time being in force subject to any
exceptions or modifications) as the President may deem necessary
(5)
The order of the Administrative Tribunal finally disposing of any case
shall become effective upon its confirmation by the State Government or
on the expiry of three months from the date on which the order is made,
whichever is earlier: Provided that the State Government may, by special
order made in writing and for reasons to be specified therein, modify
or annul any order of the Administrative Tribunal before it becomes
effective and in such a case, the order of the Administrative Tribunal
shall have effect only in such modified form or be of no effect, as the
case may be
(6) Every special
order made by the State Government under the proviso to clause ( 5 )
shall be laid, as soon as may be after it is made, before both Houses of
the State Legislature
(7) The
High Court for the State shall not have any powers of superintendence
over the Administrative Tribunal and no court (other than the Supreme
Court) or tribunal shall exercise any jurisdiction, power or authority
in respect of any matter subject to the jurisdiction, power or authority
of, or in relation to, the Administrative Tribunal
(8)
If the President is satisfied that the continued existence of the
Administrative Tribunal is not necessary, the President may by order
abolish the Administrative Tribunal and make such provisions in such
order as he may deem fit for the transfer and disposal of cases pending
before the Tribunal immediately before such abolition
(9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,
(a) no appointment, posting, promotion or transfer of any person
(i)
made before the 1 st day of November, 1956 , to any post under the
Government of, or any local authority within, the State of Hyderabad as
it existed before that date; or
(ii)
made before the commencement of the Constitution (Thirty second
Amendment) Act, 1973 , to any post under the Government of, or any local
or other authority within, the State of Andhra Pradesh; and
(b)
no action taken or thing done by or before any person referred to in
sub clause (a), shall be deemed to be illegal or void or ever to have
become illegal or void merely on the ground that the appointment,
posting, promotion or transfer of such person was not made in accordance
with any law, then in force, providing for any requirement as to
residence within the State of Hyderabad or, as the case may be, within
any part of the State of Andhra Pradesh, in respect of such appointment,
posting, promotion or transfer
(10)
The provisions of this article and of any order made by the President
thereunder shall have effect notwithstanding anything in any other
provision of this Constitution or in any other law for the time being in
force
371E. Establishment of
Central University in Andhra Pradesh Parliament may by law provide for
the establishment of a University in the State of Andhra Pradesh
371F. Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,
(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;
(b)
as from the date of commencement of the Constitution (Thirty sixth
Amendment) Act, 1975 , (hereafter in this article referred to as the
appointed day)
(i) the Assembly
for Sikkim formed as a result of the elections held in Sikkim in April,
1974 with thirty two members elected in the said elections (hereinafter
referred to as the sitting members) shall be deemed to be the
Legislative Assembly of the State of Sikkim duly constituted under this
Constitution;
(ii) the sitting
members shall be deemed to be the members of the Legislative Assembly of
the State of Sikkim duly elected under this Constitution; and
(iii)
the said Legislative Assembly of the State of Sikkim shall exercise the
powers and perform the functions of the Legislative Assembly of a State
under this Constitution;
(c) in
the case of the Assembly deemed to be the Legislative Assembly of the
State of Sikkim under clause (b), the references to the period of five
years in clause ( 1 ) of Article 172 shall be construed as references to
a period of four years and the said period of four years shall be
deemed to commence from the appointed day;
(d)
until other provisions are made by Parliament by law, there shall be
allotted to the State of Sikkim one seat in the House of the People and
the State of Sikkim shall form one parliamentary constituency to be
called the parliamentary constituency for Sikkim;
(e)
the representative of the State of Sikkim in the House of the People in
existence on the appointed day shall be elected by the members of the
Legislative Assembly of the State of Sikkim;
(f)
Parliament may, for the purpose of protecting the rights and interests
of the different sections of the population of Sikkim make provision for
the number of seats in the Legislative Assembly of the State of Sikkim
which may be filled by candidates belonging to such sections and for the
delimitation of the assembly constituencies from which candidates
belonging to such sections alone may stand for election to the
Legislative Assembly of the State of Sikkim;
(g)
the Governor of Sikkim shall have special responsibility for peace and
for an equitable arrangement for ensuring the social and economic
advancement of different sections of the population of Sikkim and in the
discharge of his special responsibility under this clause, the Governor
of Sikkim shall, subject to such directions as the President may, from
time to time, deem fit to issue, act in his discretion;
(h)
all property and assets (whether within or outside the territories
comprised in the State of Sikkim) which immediately before the appointed
day were vested in the Government of Sikkim or in any other authority
or in any person for the purposes of the Government of Sikkim shall, as
from the appointed day, vest in the Government of the State of Sikkim;
(i)
the High Court functioning as such immediately before the appointed day
in the territories comprised in the State of Sikkim shall, on and from
the appointed day, be deemed to be the High Court for the State of
Sikkim;
(j) all courts of civil,
criminal and revenue jurisdiction, all authorities and all officers,
judicial, executive and ministerial, throughout the territory of the
State of Sikkim shall continue on and from the appointed day to exercise
their respective functions subject to the provisions of this
Constitution;
(k) all laws in
force immediately before the appointed day in the territories comprised
in the State of Sikkim or any part thereof shall continue to be in force
therein until amended or repealed by a competent legislature or other
competent authority;
(l) for the
purpose of facilitating the application of any such law as is referred
to in clause (k) in relation to the administration of the State of
Sikkim and for the purpose of bringing the provisions of any such law
into accord with the provisions of this Constitution, the President may,
within two years from the appointed day, by order, make such
adaptations and modifications of the law, whether by way of repeal or
amendment, as may be necessary or expedient, and thereupon, every such
law shall have effect subject to the adaptations and modifications so
made, and any such adaptation or modification shall not be questioned in
any court of law;
(m) neither
the Supreme Court nor any other court shall have jurisdiction in respect
of any dispute or other matter arising out of any treaty, agreement,
engagement or other similar instrument relating to Sikkim which was
entered into or executed before the appointed day and to which the
Government of India or any of its predecessor Governments was a party,
but nothing in this clause shall be construed to derogate from the
provisions of Article 143;
(n)
the President may, by public notification, extend with such restrictions
or modifications as he thinks fit to the State of Sikkim any enactment
which is in force in a State in India at the date of the notification;
(o)
if any difficulty arises in giving effect to any of the foregoing
provisions of this article, the president may, by order, do anything
(including any adaptation or modification of any other article) which
appears to him to be necessary for the purpose of removing that
difficulty: Provided that no such order shall be made after the expiry
of two years from the appointed day;
(p)
all things done and all actions taken in or in relation to the State of
Sikkim or the territories comprised therein during the period
commencing on the appointed day and ending immediately before the date
on which the Constitution (Thirty sixth Amendment) Act, 1975 , be deemed
for all purposes to have been validly done or taken under this
Constitution as so amended
371G. Special provision with respect to the State of Mizoram Notwithstanding anything in this Constitution,
(a) no Act of President in respect of
(i) religious or social practices of the Mizos,
(ii) Mizo customary law and procedure,
(iii) administration of civil and criminal justice involving decisions according to Mizo customary law,
(iv)
ownership and transfer of land, shall apply to the State of Mizoram
unless the Legislative Assembly of the State of Mizoram by a resolution
so decides: Provided that nothing in this clause shall apply to any
Central Act in force in the union territory of Mizoram immediately
before the commencement of the Constitution (Fifty third Amendment) Act,
1986 ;
(b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members
371H. Special provision with respect to the State of Arunachal Pradesh Notwithstanding anything in this Constitution,
(a)
the Governor of Arunachal Pradesh shall have special responsibility
with respect to law and order in the State of Arunachal Pradesh and in
the discharge of his functions in relation thereto, the Governor shall,
after consulting the Council of Ministers, exercise his individual
judgment as to the action to be taken: Provided that if any question
arises whether any matter is or is not a matter as respects which the
Governor is under this clause required to act in the exercise of his
individual judgment, the decision of the Governor in his discretion
shall be final, and the validity of anything done by the Governor shall
not be called in question on the ground that he ought or ought not to
have acted in the exercise of his individual judgment: Provided further
that if the President on receipt of a report from the Governor or
otherwise is satisfied that it is no longer necessary for the Governor
to have special responsibility with respect to law and order in the
State of Arunachal Pradesh, he may by order direct that the Governor
shall cease to have such responsibility with effect from such date as
may be specified in the order;
(b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members
371I.
Special provision with respect to the State of Goa Notwithstanding
anything in this Constitution, the Legislative Assembly of the State of
Goa shall consist of not less than thirty members
372. Continuance in force of existing laws and their adaptation
(1)
Notwithstanding the repeal by this Constitution of the enactments
referred to in Article 395 but subject to the other provisions of this
Constitution, all the laws in force in the territory of India
immediately before the commencement of this Constitution, all the laws
in force in the territory of India immediately before the commencement
of this Constitution shall continue in force therein until altered or
repealed or amended by a competent Legislature or other competent
authority
(2) For the purpose of
bringing the provisions of any law in force in the territory of India
into accord with the provisions of this Constitution, the President may
by order make such adaptations and modifications of such law, whether by
way of repeal or amendment, as may be necessary or expedient, and
provide that the law shall, as from such date as may be specified in the
order, have effect subject to the adaptations and modifications so
made, and any such adaptation or modification shall not be questioned in
any court of law
(3) Nothing in clause ( 2 ) shall be deemed
(a)
to empower the President to make any adaptation or modification of any
law after the expiration of three years from the commencement of this
Constitution; or
(b) to prevent
any competent Legislature or other competent authority from repealing or
amending any law adapted or modified by the President under the said
clause Explanation I The expression law in force in this article shall
include a law passed or made by a legislature or other competent
authority in the territory of India before the commencement of this
Constitution and not previously repealed, notwithstanding that it or
parts of it may not be then in operation either at all or in particular
areas Explanation II Any law passed or made by a legislature or other
competent authority in the territory of India which immediately before
the commencement of this Constitution had extra territorial effect as
well as effect in the territory of India shall, subject to any such
adaptations and modifications as aforesaid, continue to have such extra
territorial effect Explanation III Nothing in this article shall be
construed as continuing any temporary law in force beyond the date fixed
for its expiration or the date on which it would have expired if this
Constitution had not come into force Explanation IV An Ordinance
promulgated by the Governor of a Province under Section 88 of the
Government of India Act, 1935 , and in force immediately before the
commencement of this Constitution shall, unless withdrawn by the
Governor of the corresponding State earlier, cease to operate at the
expiration of six weeks from the first meeting after such commencement
of the Legislative Assembly of that State functioning under clause ( 1 )
of Article 382, and nothing in this article shall be construed as
continuing any such Ordinance in force beyond the said period
372. A Power of the President to adapt laws
(1)
For the purposes of bringing the provisions of any law in force in
India or in any part thereof, immediately before the commencement of the
Constitution (Seventh Amendment) Act, 1956 , into accord with the
provisions of this Constitution as amended by that Act, the President
may by order made before the 1 st day of November, 1957 make such
adaptations and modifications of the law, whether by way of repeal or
amendment, as may be necessary or expedient, and provide that the law
shall, as from such date as may be specified in the order, have effect
subject to the adaptations and modifications so made, and any such
adaptation or modification shall not be questioned in any court of law
(2)
Nothing in clause ( 1 ) shall be deemed to prevent a competent
legislature or other competent authority from repealing or amending any
law adapted or modified by the President under the said clause
373.
Power of President to make order in respect of persons under preventive
detention in certain cases Until provision is made by Parliament under
clause ( 7 ) of Article 22, or until the expiration of one year from the
commencement of this Constitution, whichever is earlier, the said
article shall have effect as if for any reference to Parliament in
clauses ( 4 ) and ( 7 ) thereof there were substituted a reference to
the Parliament in those clauses there were substituted a reference to an
order made by the President
374.
Provisions as to Judges of the Federal Court and proceedings pending in
the Federal Court or before His Majesty in Council ( 1 ) The Judges of
the Federal Court holding office immediately before the commencement of
this Constitution shall, unless they have elected otherwise, become on
such commencement the Judges of the Supreme Court and shall thereupon be
entitled to such salaries and allowances and to such rights in respect
of leave of absence and pension as are provided for under Article 125 in
respect of the Judges of the Supreme Court
(2)
All suits, appeals and proceedings, civil or criminal, pending in the
Federal Court at the commencement of this Constitution shall, unless
they have elected otherwise, become on such commencement the Judges of
the Supreme Court and shall thereupon be entitled to such salaries and
allowances and to such rights in respect of leave of absence and pension
as are provided for under Article 125 in respect of the Judges of the
Supreme Court
(3) Nothing in this
Constitution shall operate to invalidate the exercise of jurisdiction
by His Majesty in Council to dispose of appeals and petitions from, or
in respect of, any judgement, decree or order of any court within the
territory of India in so far as the exercise of such jurisdiction is
authorised by law, and any order of His Majesty in Council made on any
such appeal or petition after the commencement of this Constitution
shall for all purposes have effect as if it were an order or decree made
by the Supreme Court in the exercise of the jurisdiction conferred on
such Court by this Constitution
(4)
On and from the commencement of this Constitution the jurisdiction of
the authority functioning as the Privy Council in a State specified in
Part B of the First Schedule to entertain and dispose of appeals and
petitions from or in respect of any judgment, decree or order of any
court within that State shall cease, and all appeals and other
proceedings pending before the said authority at such commencement shall
be transferred to, and disposed of by, the Supreme Court
(5) Further provision may be made by Parliament by law to give effect to the provisions of this article
375.
Courts, authorities and officers to continue to function subject to the
provisions of the Constitution All courts of civil, criminal and
revenue jurisdiction, all authorities and all officers, judicial,
executive and ministerial, throughout the territory of India, shall
continue to exercise their respective functions subject to the
provisions of this Constitution
376. Provisions as to Judges of High Courts
(1)
Notwithstanding anything in this clause ( 2 ) of Article 217, the
Judges of a High Court in any Province holding office immediately before
the commencement of this Constitution shall, unless they have elected
otherwise, become on such commencement the Judges of the High Court in
the corresponding State, and shall thereupon be entitled to such
salaries and allowances and to such rights in respect of leave of
absence and pension as are provided for under Article 221 in respect of
the Judges of such High Court Any such Judge shall, notwithstanding that
he is not a citizen of India, be eligible for appointment as Chief
Justice of such High Court, or as Chief Justice or other Judge of any
other High Court
(2) The Judges
of a High Court in any Indian State corresponding to any State specified
in Part B of the First Schedule holding office immediately before the
commencement of this Constitution shall, unless they have elected
otherwise, become on such commencement the Judges of the High Court in
the State so specified and shall, notwithstanding anything in clauses ( 1
) and ( 2 ) of Article 217 but subject to the proviso to clause ( 1 )
of that article, continue to hold office until the expiration of such
period as the President may by order determine In this article, the
expression Judge does not include an acting Judge or an additional Judge
377.
Provisions as to Comptroller and Auditor General of India The Auditor
General of India holding office immediately before the commencement of
this Constitution shall, unless he has elected otherwise, become on such
commencement the Comptroller and Auditor General of India and shall
thereupon be entitled to such salaries and to such rights in respect of
leave of absence and pension as are provided for under clause ( 3 ) of
Article 148 in respect of the Comptroller and Auditor General of India
and be entitled to continue to hold office until the expiration of his
term of office as determined under the provisions which were applicable
to him immediately before such commencement
378. Provisions as to Public Service Commissions
(1)
The members of the Public Service Commission for the Dominion of India
holding office immediately before the commencement of this Constitution
shall, unless they have elected otherwise, become on such commencement
the members of the Public Service Commission for the Union and shall,
notwithstanding anything in clauses ( 1 ) and ( 2 ) of Article 316 but
subject to the proviso to clause ( 2 ) of that article, continue to hold
office until the expiration of their term of office as determined under
the rules which were applicable immediately before such commencement to
such members
(2) The members of a
Public Service Commission of a Province or of a Public Service
Commission serving the needs of a group of Provinces holding office
immediately before the commencement of this Constitution shall, unless
they have elected otherwise, become on such commencement the members of
the Public Service Commission for the corresponding State or the members
of the Joint State Public Service Commission serving the needs of the
corresponding States, as the case may be, and shall, notwithstanding
anything in clauses ( 1 ) and ( 2 ) of Article 316 but subject to the
proviso to clause ( 2 ) of that article, continue to hold office until
the expiration of their term of office as determined under the rules
which were applicable immediately before such commencement to such
members
378A. Special provision
as to duration of Andhra Pradesh Legislative Assembly Notwithstanding
anything contained in Article 172, the Legislative Assembly of the State
of Andhra Pradesh as constituted under the provisions of Sections 28
and 29 of the States Reorganisation Act, 1956 , shall, unless sooner
dissolved, continue for a period of five years from the date referred to
in the said Section 29 and no longer and the expiration of the said
period shall operate as a dissolution of that Legislative Assembly 379
391 Repealed by the Constitution (Seventh Amendment) Act, 1956 , S 29
and Sch
392. Power of the President to remove difficulties
(1)
The President may, for the purpose of removing any difficulties,
particularly in relation to the transition from the provisions of the
Government of India Act, 1935 , to the provisions of this Constitution,
by order direct that this Constitution shall, during such period as may
be specified in the order, have effect subject to such adaptations,
whether by way of modification, addition or omission, as he may deem to
be necessary or expedient: Provided that no such order shall be made
after the first meeting of Parliament duly constituted under Chapter II
of Part V
(2) Every order made under clause ( 1 ) shall be laid before Parliament
(3)
The powers conferred on the President by this article, by Article 324,
by clause ( 3 ) of Article 367 and by Article 391 shall, before the
commencement of this Constitution, be exercisable by the Governor
General of the Dominion of India
PART XXII SHORT TITLE, COMMENCEMENT AND REPEALS
PART XXII SHORT TITLE, COMMENCEMENT AND REPEALS
393. Short title This Constitution may be called the Constitution of India
394.
Commencement This article and Articles 5, 6, 7, 8, 9, 60, 324, 366,
367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and
the remaining provisions of this Constitution shall come into force on
the twenty sixth day of January, 1950 , which day is referred to in this
Constitution as the commencement of this Constitution
395.
Repeals The Indian Independence Act, 1947 , and the Government of India
Act, 1935 , together with all enactment s amending or supplementing the
latter Act, but not including the Abolition of Privy Council
Jurisdiction Act, 1949 , are hereby repealed FIRST SCHEDULE Articles 1
and 4 I THE STATES Name Territories
1.
Andhra Pradesh The territories specified in sub section ( 1 ) of
section 3 of the Andhra State Act, 1953 , sub section ( 1 ) of section 3
of the States Reorganisation Act, 1956 , the First Schedule to the
Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 , and the
Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act,
1968 , but excluding the territories specified in the Second Schedule to
the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959
2.
Assam The territories which immediately before the commencement of this
Constitution were comprised in the Province of Assam, the Khasi States
and the Assam Tribal Areas, but excluding the territories specified in
the Schedule to the Assam (Alteration of Boundaries) Act, 1951 , and the
territories specified in sub section ( 1 ) of section 3 of the State of
Nagaland Act, 1962 and the territories specified in sections 5, 6 and 7
of the North Eastern Areas (Reorganisation) Act, 1971
3.
Bihar The territories which immediately before the commencement of this
Constitution were either comprised in the Province of Bihar or were
being administered as if they formed part of that Province and the
territories specified in clause ( 1 ) of sub section ( 1 ) of section 3
of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 ,
but excluding the territories specified in sub section ( 1 ) of section 3
of the Bihar and West Bengal (Transfer of Territories) Act, 1956 , and
the territories specified in clause (b) of sub section ( 1 ) of section 3
of the first mentioned Act
4. Gujarat The territories referred to in sub section ( 1 ) of section 3 of the Bombay Reorganisation Act, 1960
5. Kerala The territories specified in sub section ( 1 ) of section 5 of the States Reorganisation Act, 1956
6.
Madhya Pradesh The territories specified in sub section ( 1 ) of
section 9 of the States Reorganisation Act, 1956 and the First Schedule
to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959
7.
Tamil Nadu The territories which immediately before the commencement of
this Constitution were either comprised in the Province of Madras or
were being administered as if they formed part of that Province and the
territories specified in section 4 of the States Reorganisation Act,
1956 , and the Second Schedule to the Andhra Pradesh and Madras
(Alteration of Boundaries) Act, 1959 but excluding the territories
specified in sub section ( 1 ) of section 3 and sub section ( 1 ) of
section 4 of the Andhra State Act, 1953 and the territories specified in
clause (b) of sub section ( 1 ) of section 5, section 6 and clause (d)
of sub section ( 1 ) of section 7 of the States Reorganisation Act, 1956
and the territories specified in the First Schedule to the Andhra
Pradesh and Madras (Alteration of Boundaries) Act, 1959
8.
Maharashtra The territories specified in sub section ( 1 ) of section 8
of the States Reorganisation Act, 1956 , but excluding the territories
referred to in sub section ( 1 ) of section 3 of the Bombay
Reorganisation Act, 1960
9.
Karnataka The territories specified in sub section ( 1 ) of section 7 of
the States Reorganisation Act, 1956 but excluding the territory
specified in the Schedule to the Andhra Pradesh and Mysore (Transfer of
Territory) Act, 1968
10. Orissa
The territories which immediately before the commencement of this
Constitution were either comprised in the Province of Orissa or were
being administered as if they formed part of that Province
11.
Punjab The territories specified in section 11 of the States
Reorganisation Act, 1956 and the territories referred to in Part II of
the First Schedule to the Acquired Territories (Merger) Act, 1960 but
excluding the territories referred to in Part II of the First Schedule
to the Constitution (Ninth Amendment) Act, 1960 and the territories
specified in sub section ( 1 ) of section 3, section 4 and sub section (
1 ) of section 5 of the Punjab Reorganisation Act, 1966
12.
Rajasthan The territories specified in section 10 of the States
Reorganisation Act, 1956 but excluding the territories specified in the
First Schedule to the Rajasthan and Madhya Pradesh (Transfer of
Territories) Act, 1959
13. Uttar
Pradesh The territories which immediately before the commencement of
this Constitution were either comprised in the Province known as the
United Provinces or were being administered as if they formed part of
that Province, the territories specified in clause (b) of sub section ( 1
) of section 3 of the Bihar and Uttar Pradesh (Alteration of
Boundaries) Act, 1968 , and the territories specified in clause (b) of
sub section ( 1 ) of section 4 of the Haryana and Uttar Pradesh
(Alteration of Boundaries) Act, 1979 , but excluding the territories
specified in clause (a) of sub section ( 1 ) of section 3 of the Bihar
and Uttar Pradesh (Alteration of Boundaries) Act, 1968 , and the
territories specified in clause (a) of sub section ( 1 ) of section 4 of
the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979
14.
West Bengal The territories which immediately before the commencement
of this Constitution were either comprised in the Province of West
Bengal or were being administered as if they formed part of that
Province in the territory of Chandernagore as defined in clause (c) of
section 2 of the Chandernagore (Merger) Act, 1954 , and also the
territories specified in sub section ( 1 ) of section 3 of the Bihar and
West Bengal (Transfer of Territories) Act, 1956
15.
Jammu and The territory which immediately before the commencement of
this Constitution are comprised in the Indian State of Jammu and Kashmir
16. Nagaland The territories specified in sub section ( 1 ) of section 3 of the State of Nagaland Act, 1962
17.
Haryana The territories specified in sub section ( 1 ) of section 3 of
the Punjab Reorganisation Act, 1966 and the territories specified in
clause (a) of sub section ( 1 ) of section 4 of the Haryana and Uttar
Pradesh (Alteration of Boundaries) Act, 1979 , but excluding the
territories specified in clause (b) of sub section ( 1 ) of section 4 of
that Act
18. Himachal Pradesh
The territories which immediately before the commencement of this
Constitution were being administered as if they were Chief Commissioners
Provinces under the names of Himachal Pradesh and Bilaspur and the
Territories specified in sub section ( 1 ) of section 5 of the Punjab
Reorganisation Act, 1966
19.
Manipur The territory which immediately before the commencement of this
Constitution was being administered as if it were a Chief Commissioners
Province under the name of Manipur
20.
Tripura The territory which immediately before the commencement of this
Constitution was being administered as if it were a Chief Commissioners
Province under the name of Tripura
21. Meghalaya The territories specified in section 5 of the North Eastern Areas (Reorganisation) Act, 1971
22.
Sikkim The territories which immediately before the commencement of the
Constitution (Thirty sixth Amendment) Act, 1975 , were comprised in
Sikkim
23. Mizoram The territories specified in section 6 of the North Eastern Areas (Reorganisation) Act, 1971
24. Arunachal Pradesh The territories specified in section 7 of the North Eastern Areas (Reorganisation) Act, 1971
25. Goa The territories specified in section 3 of the Goa, Daman and Diu Reorganisation Act, 1987 II THE UNION TERRITORIES
1.
Delhi The territory which immediately before the commencement of this
Constitution was comprised in the Chief Commissioners Province of Delhi
2.
The Andaman and The territory which immediately before the commencement
of this Constitution was comprised in the Chief Commissioners Province
of the Andaman and Nicobar Islands
3. Lakshadweep The territory specified in section 6 of the States Reorganisation Act, 1956
4.
Dadra and Nagar The territory which immediately before the eleventh day
of August, 1961 was comprised in Free Dadra and Nagar Haveli
5. Daman and Diu The territories specified in section 4 of the Goa, Daman and Diu Reorganisation Act, 1987
6.
Pondicherry The territories which immediately before the sixteenth day
of August, 1962 , were comprised in the French Establishments in India
known as Pondicherry, Karikal, Mahe and Yanam
7.
Chandigarh The territories specified in section 4 of the Punjab
Reorganisation Act, 1966 SECOND SCHEDULE Articles 59 ( 3 ), 65 ( 3 ), 75
( 6 ), 97, 125, 148 ( 3 ), 158 ( 3 ), 164 ( 5 ), 186 and 221 PART A
PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES
1.
There shall be paid to the President and to the Governors of the States
the following emoluments per mensem, that is to say: The President 10,
000 rupees The Governor of a State 5, 500 rupees
2.
There shall also be paid to the President and to the Governors of the
States such allowances as were payable respectively to the Governor
General of the Dominion of India and to the Governors of the
corresponding Provinces immediately before the commencement of this
Constitution
3. The President and
the Governors of the States throughout their respective terms of office
shall be entitled to the same privileges to which the Governor General
and the Governors of the corresponding Provinces were respectively
entitled immediately before the commencement of this Constitution
4.
While the Vice President or any other person is discharging the
functions of, or is acting as, President, or any person is discharging
the functions of the Governor, he shall be entitled to the same
emoluments, allowances and privileges as the President or the Governor
whose functions he discharges or for whom he acts, as the case may be
PART C PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE
OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COUNCIL OF
STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE LEGISLATIVE
ASSEMBLY AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE
COUNCIL OF A STATE
7. There shall
be paid to the Speaker of the House of the People and the Chairman of
the Council of States such salaries and allowances as were payable to
the Speaker of the Constituent Assembly of the Dominion of India
immediately before the commencement of this Constitution, and there
shall be paid to the Deputy Speaker of the House of the People and to
the Deputy Chairman of the Council of States such salaries and
allowances as were payable to the Deputy Speaker of the Constituent
Assembly of the Dominion of India immediately before such commencement
8.
There shall be paid to the Speaker and the Deputy Speaker of the
Legislative Assembly and to the Chairman and the Deputy Chairman of the
Legislative Council of a State such salaries and allowances as were
payable respectively to the Speaker and the Deputy Speaker of the
Legislative Assembly and the President and the Deputy President of the
Legislative Council of the corresponding Province immediately before the
commencement of this Constitution and, where the corresponding Province
had no Legislative Council immediately before such commencement, there
shall be paid to the Chairman and the Deputy Chairman of the Legislative
Council of the State such salaries and allowances as the Governor of
the State may determine PART D PROVISIONS AS TO THE JUDGES OF THE
SUPREME COURT AND OF THE HIGH COURTS
9.
(1)
There shall be paid to the Judges of the Supreme Court, in respect of
time spent on actual service, salary at the following rates per mensem,
that is to say: The Chief Justice 10, 000 rupees Any other Judge 9, 000
rupees: Provided that if a Judge of the Supreme Court at the time of his
appointment is in receipt of a pension (other than a disability or
wound pension) in respect of any previous service under the Government
of India or any of its predecessor Governments or under the Government
of a State or any of its predecessor Governments, his salary in respect
of service in the Supreme Court shall be reduced
(a) by the amount of that pension, and
(b)
if he has, before such appointment, received in lieu of a portion of
the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and
(c)
if he has, before such appointment, received a retirement gratuity in
respect of such previous service, by the pension equivalent of that
gratuity
(2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official residence
(3)
Nothing in sub paragraph ( 2 ) of this paragraph shall apply to a Judge
who, immediately before the commencement of this Constitution,
(a)
was holding office as the Chief Justice of the Federal Court and has
become on such commencement the Chief Justice of the Supreme Court under
clause ( 1 ) of article 374, or
(b)
was holding office as any other Judge of the Federal Court and has on
such commencement become a Judge (other than the Chief Justice) of the
Supreme Court under the said clause, during the period he holds office
as such Chief Justice or other Judge, and every Judge who so becomes the
Chief Justice or other Judge of the Supreme Court shall, in respect of
time spent on actual service as such Chief Justice or other Judge, as
the case may be, be entitled to receive in addition to the salary
specified in sub paragraph ( 1 ) of this paragraph as special pay an
amount equivalent to the difference between the salary so specified and
the salary which he was drawing immediately before such commencement
(4)
Every Judge of the Supreme Court shall receive such reasonable
allowances to reimburse him for expenses incurred in travelling on duty
within the territory of India and shall be afforded such reasonable
facilities in connection with travelling as the President may from time
to time prescribe
(5) The rights
in respect of leave of absence (including leave allowances) and pension
of the Judges of the Supreme Court shall be governed by the provisions
which, immediately before the commencement of this Constitution, were
applicable to the Judges of the Federal Court
10.
(1)
There shall be paid to the Judges of High Courts, in respect of time
spent on actual service, salary at the following rates per mensem, that
is to say, The Chief Justice 9, 000 rupees Any other Judge 8, 000
rupees: Provided that if a Judge of a High Court at the time of his
appointment is in receipt of a pension (other than a disability or wound
pension) in respect of any previous service under the Government of
India or any of its predecessor Governments or under the Government of a
State or any of its predecessor Governments, his salary in respect of
service in the High Court shall be reduced
(a) by the amount of that pension, and
(b)
if he has, before such appointment, received in lieu of a portion of
the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and
(c)
if he has, before such appointment, received a retirement gratuity in
respect of such previous service, by the pension equivalent of that
gratuity
(2) Every person who immediately before the commencement of this Constitution
(a)
was holding office as the Chief Justice of a High Court in any Province
and has on such commencement become the Chief Justice of the High Court
in the corresponding State under clause ( 1 ) of article 376, or
(b)
was holding office as any other Judge of a High Court in any Province
and has on such commencement become a Judge (other than the Chief
Justice) of the High Court in the corresponding State under the said
clause, shall, if he was immediately before such commencement drawing a
salary at a rate higher than that specified in sub paragraph ( 1 ) of
this paragraph, be entitled to receive in respect of time spent on
actual service as such Chief Justice or other Judge, as the case may be,
in addition to the salary specified in the said sub paragraph as
special pay an amount equivalent to the difference between the salary so
specified and the salary which he was drawing immediately before such
commencement
(3) Any person who,
immediately before the commencement of the Constitution (Seventh
Amendment) Act, 1956 , was holding office as the Chief Justice of the
High Court of a State specified in Part B of the First Schedule and has
on such commencement become the Chief Justice of the High Court of a
State specified in the said Schedule as amended by said Act, shall, if
he was immediately before such commencement drawing any amount as
allowance in addition to his salary, be entitled to receive in respect
of time spent on actual service as such Chief Justice, the same amount
as allowance in addition to the salary specified in sub paragraph ( 1 )
of this paragraph
11. In this Part, unless the context otherwise requires
(a) the expression Chief Justice includes an acting Chief Justice, and a Judge includes an ad hoc Judge;
(b) actual service includes
(i)
time spent by a Judge on duty as a Judge or in the performance of such
other functions as he may at the request of the President undertake to
discharge;
(ii) vacations, excluding any time during which the Judge is absent on leave; and
(iii)
joining time on transfer from a High Court to the Supreme Court or from
one High Court to another PART E PROVISIONS AS TO THE COMPTROLLER AND
AUDITOR GENERAL OF INDIA
12.
(1)
There shall be paid to the Comptroller and Auditor General of India a
salary at the rate of four thousand 2 rupees per mensem,
(2)
The person who was holding office immediately before the commencement
of this Constitution as Auditor General of India and has become on such
commencement the Comptroller and Auditor General of India under article
377 shall in addition to the salary specified in sub paragraph ( 1 ) of
this paragraph be entitled to receive as special pay an amount
equivalent to the difference between the salary so specified and the
salary which he was drawing as Auditor General of India immediately
before such commencement
(3) The
rights in respect of leave of absence and pension and the other
conditions of service of the Comptroller and Auditor General of India
shall be governed or shall continue to be governed, as the case may be,
by the provisions which were applicable to the Auditor General of India
immediately before the commencement of this Constitution and all
references in those provisions to the Governor General shall be
construed as references to the President THIRD SCHEDULE Articles 75 ( 4
), 99, 124 ( 6 ), 148 ( 2 ), 164 ( 3 ), 188 and 2191 Forms of Oaths or
Affirmations I Form of oath of office for a Minister for the Union: I, A
B, do that I will bear true faith and allegiance to the Constitution of
India as by law established, that I will uphold the sovereignty and
integrity of India that I will faithfully and conscientiously discharge
my duties as a Minister for the Union and that I will do right to all
manner of people in accordance with the Constitution and the law,
without fear or favour, affection or ill will II Form of oath of secrecy
for a Minister for the Union: I, A B, do that I will not directly or
indirectly communicate or reveal to any person or persons any matter
which shall be brought under my consideration or shall become known to
me as a Minister for the Union except as may be required for the due
discharge of my duties as such Minister III A Form of oath or
affirmation to be made by a candidate for election to Parliament: I, A
B, having been nominated as a candidate to fill a seat in the Council of
States (or the House of the People) do that I will bear true faith and
allegiance to the Constitution of India as by law established and that I
will uphold the sovereignty and integrity of India B Form of oath or
affirmation to be made by a member of Parliament: I, A B, having been
elected (or nominated) a member of the Council of States (or the House
of the People) do that I will bear true faith and allegiance to the
Constitution of India as by law established, that I will uphold the
sovereignty and integrity of India and that I will faithfully discharge
the duty upon which I am about to enter IV Form of oath or affirmation
to be made by the Judges of the Supreme Court and the Comptroller and
Auditor General of India: I, A B, having been appointed Chief Justice
(or a Judge) of the Supreme Court of India (or Comptroller and Auditor
General of India) do that I will bear true faith and allegiance to the
Constitution of India as by law established, that I will uphold the
sovereignty and integrity of India, that I will duly and faithfully and
to the best of my ability, knowledge and judgment perform the duties of
my office without fear or favour, affection or ill will and that I will
uphold the Constitution and the laws V Form of oath of office for a
Minister for a State: I, A B, do that I will bear true faith and
allegiance to the Constitution of India as by law established, that I
will uphold the sovereignty and integrity of India, that I will
faithfully and conscientiously discharge my duties as a Minister for the
State of and that I will do right to all manner of people in accordance
with the Constitution and the law without fear or favour, affection or
ill will VI Form of oath of secrecy for a Minister for a State: I, A B,
do that I will not directly or indirectly communicate or reveal to any
person or persons any matter which shall be brought under my
consideration or shall become known to me as a Minister for the State of
except as may be required for the due discharge of my duties as such
Minister VII A Form of oath or affirmation to be made by a candidate for
election to the Legislature of a State: I, A B, having been nominated
as a candidate to fill a seat in Legislative Assembly (or Legislative
Council), do that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will uphold the
sovereignty and integrity of India B Form of oath or affirmation to be
made by a member of the Legislature of a State: I, A B, having been
elected (or nominated) a member of the Legislative Assembly (or
Legislative Council), do that I will bear true faith and allegi ance to
the Constitution of India as by law established, that I will uphold the
sovereignty and integrity of India and that I will faithfully discharge
the duty upon which I am about to enter VIII Form of oath or affirmation
to be made by the Judges of a High Court: I, A B, having been appointed
Chief Justice (or a Judge) of the High Court at (or of) do that I will
bear true faith and allegiance to the Constitution of India as by law
established, that I will uphold the sovereignty and integrity of India,
that I will duly and faithfully and to the best of my ability,
knowledge, and judgment perform the duties of my office without fear or
favour, affection or ill will and that I will uphold the Constitution
and the laws FOURTH SCHEDULE Articles 4 ( 1 ) and 80 ( 2 ) Allocation of
seats in the Council of States For each State or Union territory
specified in the first column of the following table, there shall be
allotted the number of seats specified in the second column thereof
opposite to that State or that Union territory, as the case may be Table
1. Andhra Pradesh 18
2. Assam 7
3. Bihar 22
4. Goa 1
5. Gujarat 11
6. Haryana 5
7. Kerala 9
8. Madhya Pradesh 16
9. Tamil Nadu 18
10. Maharashtra 19
11. Karnataka 12
12. Orissa 10
13. Punjab 7
14. Rajasthan 10
15. Uttar Pradesh 34
16. West Bengal 16
17. Jammu and Kashmir 4
18. Nagaland 1
19. Himachal Pradesh 3
20. Manipur 1
21. Tripura 1
22. Meghalaya 1
23. Sikkim 1
24. Mizoram 1
25. Arunachal Pradesh 1
26. Delhi 3
27.
Pondicherry 1 Total 233 FIFTH SCHEDULE Article 244 ( 1 ) Provisions as
to the Administration and Control of Scheduled Areas and Scheduled
Tribes PART A General
1.
Interpretation In this Schedule, unless the context otherwise requires,
the expression State does not include the States of Assam, Meghalaya,
Tripura and Mizoram
2. Executive
power of a State in Scheduled Areas Subject to the provisions of this
Schedule, the executive power of a State extends to the Scheduled Areas
therein
3. Report by the Governor
to the President regarding the administration of Scheduled Areas The
Governor of each State having Scheduled Areas therein shall annually, or
whenever so required by the President, make a report to the President
regarding the administration of the Scheduled Areas in that State and
the executive power of the Union shall extend to the giving of
directions to the State as to the administration of the said areas PART B
ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES
4. Tribes Advisory Council
(1)
There shall be established in each State having Scheduled Areas therein
and, if the President so directs, also in any State having Scheduled
Tribes but not Scheduled Areas therein, a Tribes Advisory Council
consisting of not more than twenty members of whom, as nearly as may be,
three fourths shall be the representatives of the Scheduled Tribes in
the Legislative Assembly of the State: Provided that if the number of
representatives of the Scheduled Tribes in the Legislative Assembly of
the State is less than the number of seats in the Tribes Advisory
Council to be filled by such representatives, the remaining seats shall
be filled by other members of those tribes
(2)
It shall be the duty of the Tribes Advisory Council to advise on such
matters pertaining to the welfare and advancement of the Scheduled
Tribes in the State as may be referred to them by the Governor
(3) The Governor may make rules prescribing or regulating, as the case may be,
(a)
the number of members of the Council, the mode of their appointment and
the appointment of the Chairman of the Council and of the officers and
servants thereof,
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters
5. Law applicable to Scheduled Areas
(1)
Notwithstanding anything in this Constitution, the Governor may by
public notification direct that any particular Act of Parliament or of
the Legislature of the State shall not apply to a Scheduled Area or any
part thereof in the State or shall apply to a Scheduled Area or any part
thereof in the State subject to such exceptions and modifications as he
may specify in the notification and any direction given under this sub
paragraph may be given so as to have retrospective effect
(2)
The Governor may make regulations for the peace and good government of
any area in a State which is for the time being a Scheduled Area In
particular and without prejudice to the generality of the foregoing
power, such regulations may
(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled Tribes in such area;
(c)
regulate the carrying on of business as money lender by persons who
lend money to members of the Scheduled Tribes in such area
(3)
In making any such regulation as is referred to in sub paragraph ( 2 )
of this paragraph, the Governor may repeal or amend any Act of
Parliament or of the Legislature of the State or any existing law which
is for the time being applicable to the area in question
(4)
All regulations made under this paragraph shall be submitted forthwith
to the President and, until assented to by him, shall have no effect
(5)
No regulation shall be made under this paragraph unless the Government
making the regulation has, in the case where there is a Tribes Advisory
Council for the State, consulted such Council PART C SCHEDULED AREAS
6. Scheduled Areas
(1)
In this Constitution, the expression Scheduled Areas means such areas
as the President may by order 2 declare to be Scheduled Areas
(2) The President may at any time by order 2
(a)
direct that the whole or any specified part of a Scheduled Area shall
cease to be a Scheduled Area or a part of such an area;
(aa) increase the area of any Scheduled Area in a State after consultation with the Governor of that State;
(b) alter, but only by way of rectification of boundaries, any Scheduled Area;
(c)
on any alteration of the boundaries of a State or on the admission into
the Union or the establishment of a new State, declare any territory
not previously included in any State to be, or to form part of, a
Scheduled Area;
(d) rescind, in
relation to any State or States, any order or orders made under this
paragraph, and in consultation with the Governor of the State concerned,
make fresh orders redefining the areas which are as to be Scheduled
Areas, and any such order may contain such incidental and consequential
provisions as appear to the President to be necessary and proper, but
save as aforesaid, the order made under sub paragraph ( 1 ) of this
paragraph shall not be varied by any subsequent order PART D AMENDMENT
OF THE SCHEDULE
7. Amendment of the Schedule
(1)
Parliament may from time to time by law amend by way of addition,
variation or repeal any of the provisions of this Schedule and, when the
Schedule is so amended, any reference to this Schedule in this
Constitution shall be construed as a reference to such Schedule as so
amended
(2) No such law as is
mentioned in sub paragraph ( 1 ) of this paragraph shall be deemed to be
an amendment of this Constitution for the purposes of article 368 SIXTH
SCHEDULE Articles 244 ( 2 ) and 275 ( 1 ) Provisions as to the
Administration of Tribal Areas in the States of Assam, Meghalaya,
Tripura and Mizoram
1. Autonomous districts and autonomous regions
(1)
Subject to the provisions of this paragraph, the tribal areas in each
item of Parts I, II and IIA and in Part III of the table appended to
paragraph 20 of this Schedule shall be an autonomous district
(2)
If there are different Scheduled Tribes in an autonomous district, the
Governor may, by public notification, divide the area or areas inhabited
by them into autonomous regions
(3) The Governor may, by public notification,
(a) include any area in any of the Parts of the said table,
(b) exclude any area from any of the Parts of the said table,
(c) create a new autonomous district,
(d) increase the area of any autonomous district,
(e) diminish the area of any autonomous district,
(f) unite two or more autonomous districts or parts thereof so as to form one autonomous district,
(ff) alter the name of any autonomous district,
(g)
define the boundaries of any autonomous district: Provided that no
order shall be made by the Governor under clauses (c), (d), (e) and (f)
of this sub paragraph except after consideration of the report of a
Commission appointed under sub paragraph ( 1 ) of paragraph 14 of this
Schedule: Provided further that any order made by the Governor under
this sub paragraph may contain such incidental and consequential
provisions (including any amendment of paragraph 20 and of any item in
any of the Parts of the said table) as appear to the Governor to be
necessary for giving effect to the provisions of the order
2. Constitution of District Councils and Regional Councils
(1)
There shall be a District Council for each autonomous district
consisting of not more than thirty members, of whom not more than four
persons shall be nominated by the Governor and the rest shall be elected
on the basis of adult suffrage
(2)
There shall be a separate Regional Council for each area constituted an
autonomous region under sub paragraph ( 2 ) of paragraph 1 of this
Schedule
(3) Each District
Council and each Regional Council shall be a body corporate by the name
respectively of the District Council of (name of district) and the
Regional Council of (name of region), shall have perpetual succession
and a common seal and shall by the said name sue and be sued
(4)
Subject to the provisions of this Schedule, the administration of an
autonomous district shall, in so far as it is not vested under this
Schedule in any Regional Council within such district, be vested in the
District Council for such district and the administration of an
autonomous region shall be vested in the Regional Council for such
region
(5) In an autonomous
district with Regional Councils, the District Council shall have only
such powers with respect to the areas under the authority of the
Regional Council as may be delegated to it by the Regional Council in
addition to the powers conferred on it by this Schedule with respect to
such areas
(6) The Governor shall
make rules for the first constitution of District Councils and Regional
Councils in consultation with the existing tribal Councils or other
representative tribal organisations within the autonomous districts or
regions concerned, and such rules shall provide for
(a) the composition of the District Councils and Regional Councils and the allocation of seats therein;
(b) the delimitation of territorial constituencies for the purpose of elections to those Councils;
(c) the qualifications for voting at such elections and the preparation of electoral rolls therefor;
(d) the qualifications for being elected at such elections as members of such Councils;
(e) the term of office of members of Regional Councils;
(f) any other matter relating to or connected with elections or nominations to such Councils;
(g)
the procedure and the conduct of business including the power to act
notwithstanding any vacancy in the District and Regional Councils;
(h) the appointment of officers and staff of the District and Regional Councils
(6A)
The elected members of the District Council shall hold office for a
term of five years from the date appointed for the first meeting of the
Council after the general elections to the Council, unless the District
Council is sooner dissolved under paragraph 16 and a nominated member
shall hold office at the pleasure of the Governor: Provided that the
said period of five years may, while a Proclamation of Emergency is in
operation or if circumstances exist which, in the opinion of the
Governor, render the holding of elections impracticable, be extended by
the Governor for a period not exceeding one year at a time and in any
case where a Proclamation of Emergency is in operation not extending
beyond a period of six months after the Proclamation has ceased to
operate: Provided further that a member elected to fill a casual vacancy
shall hold office only for the remainder of the term of office of the
member whom he replaces
(7) The
District or the Regional Council may after its first constitution make
rules with the approval of the Governor with regard to the matters
specified in sub paragraph ( 6 ) of this paragraph and may also make
rules with like approval regulating
(a) the formation of subordinate local Councils or Boards and their procedure and the conduct of their business; and
(b)
generally all matters relating to the transaction of business
pertaining to the administration of the district or region, as the case
may be: Provided that until rules are made by the District or the
Regional Council under this sub paragraph the rules made by the Governor
under sub paragraph ( 6 ) of this paragraph shall have effect in
respect of elections to, the officers and staff of, and the procedure
and the conduct of business in, each such Council
3. Powers of the District Councils and Regional Councils to make laws
(1)
The Regional Council for an autonomous region in respect of all areas
within such region and the District Council for an autonomous district
in respect of all areas within the district except those which are under
the authority of Regional Councils, if any, within the district shall
have power to make laws with respect to
(a)
the allotment, occupation or use, or the setting apart, of land, other
than any land which is a reserved forest for the purposes of agriculture
or grazing or for residential or other non agricultural purposes or for
any other purpose likely to promote the interests of the inhabitants of
any village or town: Provided that nothing in such laws shall prevent
the compulsory acquisition of any land, whether occupied or unoccupied,
for public purposes by the Government of the State concerned in
accordance with the law for the time being in force authorising such
acquisition;
(b) the management of any forest not being a reserved forest;
(c) the use of any canal or water course for the purpose of agriculture;
(d) the regulation of the practice of jhum or other forms of shifting cultivation;
(e) the establishment of village or town committees or councils and their powers;
(f)
any other matter relating to village or town administration, including
village or town police and public health and sanitation;
(g) the appointment or succession of Chiefs or Headmen;
(h) the inheritance of property;
(i) marriage and divorce;
(j) social customs
(2)
In this paragraph, a reserved forest means any area which is a reserved
forest under the Assam Forest Regulation, 1891 , or under any other law
for the time being in force in the area in question
(3)
All laws made under this paragraph shall be submitted forthwith to the
Governor and, until assented to by him, shall have no effect
4. Administration of justice in autonomous districts and autonomous regions
(1)
The Regional Council for an autonomous region in respect of areas
within such region and the District Council for an autonomous district
in respect of areas within the district other than those which are under
the authority of the Regional Councils, if any, within the district may
constitute village councils or courts for the trial of suits and cases
between the parties all of whom belong to Scheduled Tribes within such
areas, other than suits and cases to which the provisions of sub
paragraph ( 1 ) of paragraph 5 of this Schedule apply, to the exclusion
of any court in the State, and may appoint suitable persons to be
members of such village councils or presiding officers of such courts,
and may also appoint such officers as may be necessary for the
administration of the laws made under paragraph 3 of this Schedule
(2)
Notwithstanding anything in this Constitution, the Regional Council for
an autonomous region or any court constituted in that behalf by the
Regional Council or, if in respect of any area within an autonomous
district there is no Regional Council, the District Council for such
district, or any court constituted in that behalf by the District
Council, shall exercise the powers of a court of appeal in respect of
all suits and cases triable by a village council or court constituted
under sub paragraph ( 1 ) of this paragraph within such region or area,
as the case may be, other than those to which the provisions of sub
paragraph ( 1 ) of paragraph 5 of this Schedule apply, and no other
court except the High Court and the Supreme Court shall have
jurisdiction over such suits or cases
(3)
The High Court shall have and exercise such jurisdiction over the suits
and cases to which the provisions of sub paragraph ( 2 ) of this
paragraph apply as the Governor may from time to time by order specify
(4)
A Regional Council or District Council, as the case may be, may with
the previous approval of the Governor make rules regulating
(a) the constitution of village councils and courts and the powers to be exercised by them under this paragraph;
(b)
the procedure to be followed by village councils or courts in the trial
of suits and cases under sub paragraph ( 1 ) of this paragraph;
(c)
the procedure to be followed by the Regional or District Council or any
court constituted by such Council in appeals and other proceedings
under sub paragraph ( 2 ) of this paragraph;
(d) the enforcement of decisions and orders of such Councils and courts:
(e) all other ancillary matters for the carrying out of the provisions of sub paragraphs ( 1 ) and ( 2 ) of this paragraph
(5)
On and from such date as the President may, after consulting the
Government of the State concerned, by notification appoint in this
behalf, this paragraph shall have effect in relation to such autonomous
district or region as may be specified in the notification, as if
(i)
in sub paragraph ( 1 ), for the words between the parties all of whom
belong to Scheduled Tribes within such areas, other than suits and cases
to which the provisions of sub paragraph ( 1 ) of paragraph 5 of this
Schedule apply,, the words not being suits and cases of the nature
referred to in sub paragraph ( 1 ) of paragraph ( 5 ) of this Schedule,
which the Governor may specify in this behalf, had been substituted;
1258156 ii sub paragraphs ( 2 ) and ( 3 ) had been omitted; 476222 iii in sub paragraph ( 4 )
190524
a for the words A Regional Council or District Council, as the case may
be, may with the previous approval of the Governor make rules
regulating, the words the Governor may make rules regulating had been
substituted; and 1806826 b for clause (a), the following clause had been
substituted, namely: 190524 a the constitution of village councils and
courts, the powers to be exercised by them under this paragraph and the
courts to which appeals from the decisions of village councils and
courts shall lie; 1514862 c for clause (c), the following clause had
been substituted, namely: 343070 c the transfer of appeals and other
proceedings pending before the Regional or District Council or any court
constituted by such Council immediately before the date appointed by
the President under sub paragraph ( 5 ); and 160806 d in clause (e), for
the words, brackets and figures sub paragraphs ( 1 ) and ( 2 ), the
word, brackets and figure sub paragraph ( 1 ) had been substituted
5.
Conferment of powers under the Code of Civil Procedure, 1908 , and the
Code of Criminal Procedure, 1898 , 1 on the Regional and District
Councils and on certain courts and officers for the trial of certain
suits, cases and offences
(1) The
Governor may, for the trial of suits or cases arising out of any law in
force in any autonomous district or region being a law specified in
that behalf by the Governor, or for the trial of offences punishable
with death, transportation for life, or imprisonment for a term of not
less than five years under the Indian Penal Code or under any other law
for the time being applicable to such district or region, confer on the
District Council or the Regional Council having authority over such
district or region or on courts constituted by such District Council or
on any officer appointed in that behalf by the Governor, such powers
under the Code of Civil Procedure, 1908 , or, as the case may be, the
Code of Criminal Procedure, 18981, as he deems appropriate, and
thereupon the said Council, court or officer shall try the suits, cases
or offences in exercise of the powers so conferred
(2)
The Governor may withdraw or modify any of the powers conferred on a
District Council, Regional Council, court or officer under sub paragraph
( 1 ) of this paragraph
(3) Save
as expressly provided in this paragraph, the Code of Civil Procedure,
1908 , and the Code of Criminal Procedure, 18981, shall not apply to the
trial of any suits, cases or offences in an autonomous district or in
any autonomous region to which the provisions of this paragraph apply
(4)
On and from the date appointed by the President under sub paragraph ( 5
) of paragraph 4 in relation to any autonomous district or autonomous
region, nothing contained in this paragraph shall, in its application to
that district or region, be deemed to authorise the Governor to confer
on the District Council or Regional Council or on courts constituted by
the District Council any of the powers referred to in sub paragraph ( 1 )
of this paragraph
6. Powers of the District Council to establish primary schools, etc
(1)
The District Council for an autonomous district may establish,
construct, or manage primary schools, dispensaries, markets, cattle
pounds, ferries, fisheries, roads, road transport and waterways in the
district and may, with the previous approval of the Governor, make
regulations for the regulation and control thereof and, in particular,
may prescribe the language and the manner in which primary education
shall be imparted in the primary schools in the district
(2)
The Governor may, with the consent of any District Council, entrust
either conditionally or unconditionally to that Council or to its
officers functions in relation to agriculture, animal husbandry,
community projects, co operative societies, social welfare, village
planning or any other matter to which the executive power of the State
extends
7. District and Regional Funds
(1)
There shall be constituted for each autonomous district, a District
Fund for each autonomous region, a Regional Fund to which shall be
credited all moneys received respectively by the District Council for
that district and the Regional Council for that region in the course of
the administration of such district or region, as the case may be, in
accordance with the provisions of this Constitution
(2)
The Governor may make rules for the management of the District Fund,
or, as the case may be, the Regional Fund and for the procedure to be
followed in respect of payment of money into the said Fund, the
withdrawal of moneys therefrom, the custody of moneys therein and any
other matter connected with or ancillary to the matters aforesaid
(3)
The accounts of the District Council or, as the case may be, the
Regional Council shall be kept in such form as the Comptroller and
Auditor General of India may, with the approval of the President,
prescribe
(4) The Comptroller and
Auditor General shall cause the accounts of the District and Regional
Councils to be audited in such manner as he may think fit, and the
reports of the Comptroller and Auditor General relating to such accounts
shall be submitted to the Governor who shall cause them to be laid
before the Council
8. Powers to assess and collect land revenue and to impose taxes
(1)
The Regional Council for an autonomous region in respect of all lands
within such region and the District Council for an autonomous district
in respect of all lands within the district except those which are in
the areas under the authority of Regional Councils, if any, within the
district, shall have the power to assess and collect revenue in respect
of such lands in accordance with the principles for the time being
followed by the Government of the State in assessing lands for the
purpose of land revenue in the State generally
(2)
The Regional Council for an autonomous region in respect of areas
within such region and the District Council for an autonomous district
in respect of all areas in the district except those which are under the
authority of Regional Councils, if any, within the district, shall have
power to levy and collect taxes on lands and buildings, and tolls on
persons, resident within such areas
(3)
The District Council for an autonomous district shall have the power to
levy and collect all or any of the following taxes within such
district, that is to say
(a) taxes on professions, trades, callings and employments;
(b) taxes on animals, vehicles and boats;
(c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and
(d) taxes for the maintenance of schools, dispensaries or roads
(4)
A Regional Council or District Council, as the case may be, may make
regulations to provide for levy and collection of any of the taxes
specified in sub paragraphs ( 2 ) and ( 3 ) of this paragraph and every
such regulation shall be submitted forthwith to the Governor and, until
assented to by him, shall have no effect
39. Licences or leases for the purpose of prospecting for, or extraction of, minerals
(1)
Such share of the royalties accruing each year from licences or leases
for the purpose of prospecting for, or the extraction of, minerals
granted by the Government of the State in respect of any area within an
autonomous district as may be agreed upon between the Government of the
State and the District Court of such district shall be made over to that
District Council
(2) If any
dispute arises as to the share of such royalties to be made over to a
District Council, it shall be referred to the Governor for determination
and the amount determined by the Governor in his discretion shall be
deemed to be the amount payable under sub paragraph ( 1 ) of this
paragraph to the District Council and the decision of the Governor shall
be final
310. Power of District Council to make regulations for the control of money lending and trading by non tribals
(1)
The District Council of an autonomous district may make regulations for
the regulation and control of money lending or trading within the
district by persons other than Scheduled Tribes resident in the district
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may
(a) prescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money lending;
(b) prescribe the maximum rate of interest which may be charged or be recovered by a money lender;
(c)
provide for the maintenance of accounts by money lenders and for the
inspection of such accounts by officers appointed in that behalf by the
District Council;
(d) prescribe
that no person who is not a member of the Scheduled Tribes resident in
the district shall carry on wholesale or retail business in any
commodity except under a licence issued in that behalf by the District
Council: Provided that no regulations may be made under this paragraph
unless they are passed by a majority of not less than three fourths of
the total membership of the District Council: Provided further that it
shall not be competent under any such regulations to refuse the grant of
a licence to a money lender or a trader who has been carrying on
business within the district since before the time of making of such
regulations
(3) All regulations
made under this paragraph shall be submitted forthwith to the Governor
and, until assented to by him, shall have no effect
11.
Publication of laws, rules and regulations made under the Schedule All
laws, rules and regulations made under this Schedule by a District
Council or a Regional Council shall be published forthwith in the
Official Gazette of the State and shall on such publication have the
force of law
112. Application of
Acts of Parliament and of the Legislature of the State of Assam to
autonomous districts and autonomous regions in the State of Assam
(1) Notwithstanding anything in this Constitution
(a)
no Act of the Legislature of the State of Assam in respect of any of
the matters specified in paragraph 3 of this Schedule as matters with
respect to which a District Council or a Regional Council may make laws,
and no Act of the Legislature of the State of Assam prohibiting or
restricting the consumption of any non distilled alcoholic liquor shall
apply to any autonomous district or autonomous region in the State
unless in either case the District Council for such district or having
jurisdiction over such region by public notification so directs, and the
District Council in giving such direction with respect to any Act may
direct that the Act shall in its application to such district or region
or any part thereof have effect subject to such exceptions or
modifications as it thinks fit;
(b)
the Governor may, by public notification, direct that any Act of
Parliament or of the Legislature of the State of Assam to which the
provisions of clause (a) of this sub paragraph do not apply shall not
apply to an autonomous district or an autonomous region in that State,
or shall apply to such district or region or any part thereof subject to
such exceptions or modifications as he may specify in the notification
(2) Any direction given under sub paragraph ( 1 ) of this paragraph may be given so as to have retrospective effect
12A.
Application of Acts of Parliament and of the Legislature of the State
of Meghalaya to autonomous districts and autonomous regions in the State
of Meghalaya Notwithstanding anything in this Constitution,
(a)
if any provision of a law made by a District or Regional Council in the
State of Meghalaya with respect to any matter specified in sub
paragraph ( 1 ) of paragraph 3 of this Schedule or if any provision of
any regulation made by a District Council or a Regional Council in that
State under paragraph 8 or paragraph 10 of this Schedule, is repugnant
to any provision of a law made by the Legislature of the State of
Meghalaya with respect to that matter, then, the law or regulation made
by the District Council or, as the case may be, the Regional Council
whether made before or after the law made by the Legislature of the
State of Meghalaya, shall, to the extent of repugnancy, be void and the
law made by the Legislature of the State of Meghalaya shall prevail;
(b)
the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to an autonomous district
or an autonomous region in the State of Meghalaya, or shall apply to
such district or region or any part thereof subject to such exceptions
or modifications as he may specify in the notification and any such
direction may be given so as to have retrospective effect
12A.
A Application of Acts of Parliament and of the Legislature of the State
of Tripura to the autonomous district and autonomous regions in the
State of Tripura Notwithstanding anything in this Constitution
(a)
no Act of the Legislature of the State of Tripura in respect of any of
the matters specified in paragraph 3 of this Schedule as matters with
respect to which a District Council or a Regional Council may make laws,
and no Act of the Legislature of the State of Tripura prohibiting or
restricting the consumption of any non distilled alcoholic liquor shall
apply to the autonomous district or an autonomous region in that State
unless, in either case, the District Council for that district or having
jurisdiction over such region by public notification so directs, and
the District Council in giving such direction with respect to any Act
direct that the Act shall, in its application to that district or such
region or any part thereof, have effect subject to such exceptions or
modifications as it thinks fit;
(b)
the Governor may, by public notification, direct that any Act of the
Legislature of the State of Tripura to which the provisions of clause
(a) of this sub paragraph do not apply, shall not apply to the
autonomous district or an autonomous region in that State, or shall
apply to that district or such region, or any part thereof, subject to
such exceptions or modifications, as he may specify in the notification;
(c)
the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to the autonomous district
or an autonomous region in the State of Tripura, or shall apply to such
district or region or any part thereof, subject to such exceptions or
modifications as he may specify in the notification and any such
direction may be given so as to have retrospective effect
12B.
Application of Acts of Parliament and of the Legislature of the State
of Mizoram to autonomous districts and autonomous regions in the State
of Mizoram Notwithstanding anything in this Constitution,
(a)
no Act of the Legislature of the State of Mizoram in respect of any of
the matters specified in paragraph 3 of this Schedule as matters with
respect to which a District Council or a Regional Council may make laws,
and no Act of Legislature of the State of Mizoram prohibiting or
restricting the consumption of any non distilled alcoholic liquor shall
apply to any autonomous district or autonomous region in that State
unless, in either case, the District Council for such district or having
jurisdiction over such region, by public notification, so directs, and
the District Council, in giving such direction with respect to any Act,
may direct that the Act shall, in its application to such district or
region or any part thereof, have effect subject to such exceptions or
modifications as it thinks fit;
(b)
the Governor may, by public notification, direct that any Act of the
Legislature of the State of Mizoram to which the provisions of clause
(a) of this sub paragraph do not apply, shall not apply to an autonomous
district or an autonomous region in that State, or shall apply to such
district or region, or any part thereof, subject to such exceptions or
modifications, as he may specify in the notification;
(c)
the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to an autonomous district
or an autonomous region in the State of Mizoram, or shall apply to such
district or region or any part thereof, subject to such exceptions or
modifications as he may specify in the notification and any such
direction may be given so as to have retrospective effect
13.
Estimated receipts and expenditure pertaining to autonomous districts
to be shown separately in the annual financial statement The estimated
receipts and expenditure pertaining to an autonomous district which are
to be credited to, or is to be made from, the Consolidated Fund of the
State shall be first placed before the District Council for discussion
and then after such discussion be shown separately in the annual
financial statement of the State to be laid before the Legislature of
the State under article 202
14. Appointment of Commission to inquire into and report on the administration of autonomous districts and autonomous regions
(1)
The Governor may at any time appoint a Commission to examine and report
on any matter specified by him relating to the administration of the
autonomous districts and autonomous regions in the State, including
matters specified in clauses (c), (d), (e) and (f) of sub paragraph ( 3 )
of paragraph 1 of this Schedule, or may appoint a Commission to inquire
into and report from time to time on the administration of autonomous
districts and autonomous regions in the State generally and in
particular on
(a) the provision of educational and medical facilities and communications in such districts and regions;
(b) the need for any new or special legislation in respect of such districts and regions; and
(c)
the administration of the laws, rules and regulations made by the
District and Regional Councils; and define the procedure to be followed
by such Commission
(2) The report
of every such Commission with the recommendations of the Governor with
respect thereto shall be laid before the Legislature of the State by the
Minister concerned together with an explanatory memorandum regarding
the action proposed to be taken thereon by the Government of the State
(3)
In allocating the business of the Government of the State among his
Ministers the Governor may place one of his Ministers specially in
charge of the welfare of the autonomous districts and autonomous regions
in the State
15. Annulment or suspension of acts and resolutions of District and Regional Councils
(1)
If at any time the Governor is satisfied that an act or resolution of a
District or a Regional Council is likely to endanger the safety of
India or is likely to be prejudicial to public order, he may annul or
suspend such act or resolution and take such steps as he may consider
necessary (including the suspension of the Council and the assumption to
himself of all or any of the powers vested in or exercisable by the
Council) to prevent the commission or continuance of such act, or the
giving of effect to such resolution
(2)
Any order made by the Governor under sub paragraph ( 1 ) of this
paragraph together with the reasons therefor shall be laid before the
Legislature of the State as soon as possible and the order shall, unless
revoked by the Legislature of the State, continue in force for a period
of twelve months from the date on which it was so made: Provided that
if and so often as a resolution approving the continuance in force of
such order is passed by the Legislature of the State, the order shall
unless cancelled by the Governor continue in force for a further period
of twelve months from the date on which under this paragraph it would
otherwise have ceased to operate
16. Dissolution of a District or a Regional Council
(1)
The Governor may on the recommendation of a Commission appointed under
paragraph 14 of this Schedule by public notification order the
dissolution of a District or a Regional Council, and
(a) direct that a fresh general election shall be held immediately for the reconstitution of the Council, or
(b)
subject to the previous approval of the Legislature of the State assume
the administration of the area under the authority of such Council
himself or place the administration of such area under the Commission
appointed under the said paragraph or any other body considered suitable
by him for a period not exceeding twelve months: Provided that when an
order under clause (a) of this paragraph has been made, the Governor may
take the action referred to in clause (b) of this paragraph with regard
to the administration of the area in question pending the
reconstitution of the Council on fresh general election: Provided
further that no action shall be taken under clause (b) of this paragraph
without giving the District or the Regional Council, as the case may
be, an opportunity of placing its views before the Legislature of the
State
(2) If at any time the
Governor is satisfied that a situation has arisen in which the
administration of an autonomous district or region cannot be carried on
in accordance with the provisions of this Schedule, he may, by public
notification assume to himself all or any of the functions or powers
vested in or exercisable by the District Council or, as the case may be,
the Regional Council and declare that such functions or powers shall be
exercisable by such person or authority as he may specify in this
behalf, for a period not exceeding six months: Provided that the
Governor may by a further order or orders extend the operation of the
initial order by a period not exceeding six months on each occasion
(3)
Every order made under sub paragraph ( 2 ) of this paragraph with the
reasons therefor shall be laid before the Legislature of the State and
shall cease to operate at the expiration of thirty days from the date on
which the State Legislature first sits after the issue of the orders,
unless, before the expiry of that period it has been approved by the
State Legislature
17. Exclusion
of areas from autonomous districts in forming constituencies in such
districts For the purposes of elections to the Legislative Assembly of
Assam or Meghalaya or Tripura or Mizoram, the Governor may by order
declare that any area within an autonomous district in the State of
Assam or Meghalaya or Tripura or Mizoram, as the case may be, shall not
form part of any constituency to fill a seat or seats in the Assembly
reserved for any such district but shall form part of a constituency to
fill a seat or seats in the Assembly not so reserved to be specified in
the order
19. Transitional provisions
(1)
As soon as possible after the commencement of this Constitution the
Governor shall take steps for the constitution of a District Council for
each autonomous district in the State under this Schedule and, until a
District Council is so constituted for an autonomous district, the
administration of such district shall be vested in the Governor and the
following provisions shall apply to the administration of the areas
within such district instead of the foregoing provisions of this
Schedule, namely:
(a) no Act of
Parliament or of the Legislature of the State shall apply to any such
area unless the Governor by public notification so directs; and the
Governor in giving such a direction with respect to any Act may direct
that the Act shall, in its application to the area or to any specified
part thereof, have effect subject to such exceptions or modifications as
he thinks fit;
(b) the Governor
may make regulations for the peace and good government of any such area
and any regulations so made may repeal or amend any Act of Parliament or
of the Legislature of the State or any existing law which is for the
time being applicable to such area
(2)
Any direction given by the Governor under clause (a) of sub paragraph (
1 ) of this paragraph may be given so as to have retrospective effect
(3)
All regulations made under clause (b) of sub paragraph ( 1 ) of this
paragraph shall be submitted forthwith to the President and, until
assented to by him, shall have no effect
20. Tribal areas
(1)
The areas specified in Parts I, II, IIA and III of the table below
shall respectively be the tribal areas within the State of Assam, the
State of Meghalaya, the State of Tripura and the State of Mizoram
(2)
Any reference in Part I, Part II or Part III of the table below to any
district shall be construed as a reference to the territories comprised
within the autonomous district of that name existing immediately before
the day appointed under clause (b) of section 2 of the North Eastern
Areas (Reorganisation) Act, 1971 : Provided that for the purposes of
clauses (e) and (f) of sub paragraph ( 1 ) of paragraph 3, paragraph 4,
paragraph 5, paragraph 6, sub paragraph ( 2 ), clauses (a), (b), and (d)
of sub paragraph ( 3 ) and sub paragraph ( 4 ) of paragraph 8 and
clause (d) of sub paragraph ( 2 ) of paragraph 10 of this Schedule, no
part of the area comprised within the municipality of Shillong shall be
deemed to be within the Khasi Hills District
(3)
The reference in Part IIA in the table below to the Tripura Tribal
Areas District shall be construed as a reference to the territory
comprising the tribal areas specified in the First Schedule to the
Tripura Tribal Areas Autonomous District Council Act, 1979 TABLE PART I
1. The North Cachar Hills District
2. The Karbi Anglong District PART II
1. Khasi Hills District
2. Jaintia Hills District
3. The Garo Hills District PART IIA Tripura Tribal Areas District PART III
1. The Chakma District
2. The Mara District
3. The Lai District
20A. Dissolution of the Mizo District Council
(1)
Notwithstanding anything in this Schedule, the District Council of the
Mizo District existing immediately before the prescribed date
(hereinafter referred to as the Mizo District Council) shall stand
dissolved and cease to exist
(2)
The Administrator of the Union territory of Mizoram may, by one or more
orders, provide for all or any of the following matters, namely:
(a)
the transfer, in whole or in part, of the assets, rights and
liabilities of the Mizo District Council (including the rights and
liabilities under any contract made by it) to the Union or to any other
authority;
(b) the substitution
of the Union or any other authority for the Mizo District Council, or
the addition of the Union or any other authority, as a party to any
legal proceedings to which the Mizo District Council is a party;
(c)
the transfer or re employment of any employees of the Mizo District
Council to or by the Union or any other authority, the terms and
conditions of service applicable to such employees after such transfer
or re employment;
(d) the
continuance of any laws, made by the Mizo District Council and in force
immediately before its dissolution, subject to such adaptations and
modifications, whether by way of repeal or amendment, as the
Administrator may make in this behalf, until such laws are altered,
repealed or amended by a competent Legislature or other competent
authority;
(e) such incidental,
consequential and supplementary matters as the Administrator considers
necessary Explanation In this paragraph and in paragraph 20B of this
Schedule, the expression prescribed date means the date on which the
Legislative Assembly of the Union territory of Mizoram is duly
constituted under and in accordance with the provisions of the
Government of Union Territories Act, 1963
20B.
Autonomous regions in the Union territory of Mizoram to be autonomous
districts and transitory provisions consequent thereto
(1) Notwithstanding anything in this Schedule,
(a)
every autonomous region existing immediately before the prescribed date
in the Union territory of Mizoram shall, on and from that date, be an
autonomous district in that Union territory (hereafter referred to as
the corresponding new district) and the Administrator thereof may, by
one or more orders, direct that such consequential amendments as are
necessary to give effect to the provisions of this clause shall be made
in paragraph 20 of this Schedule (including Part III of the table
appended to that paragraph) and thereupon the said paragraph and the
said Part III shall be deemed to have been amended accordingly;
(b)
every Regional Council of an autonomous region in the Union territory
of Mizoram existing immediately before the prescribed date (hereafter
referred to as the existing Regional Council) shall, on and from that
date and until a District Council is duly constituted for the
corresponding new district, be deemed to be the District Council of that
district (hereafter referred to as the corresponding new District
Council)
(2) Every member whether
elected or nominated of an existing Regional Council shall be deemed to
have been elected or, as the case may be, nominated to the
corresponding new District Council and shall hold office until a
District Council is duly constituted for the corresponding new district
under this Schedule
(3) Until
rules are made under sub paragraph ( 7 ) of paragraph 2 and sub
paragraph ( 4 ) of paragraph 4 of this Schedule by the corresponding new
District Council, the rules made under the said provisions by the
existing Regional Council and in force immediately before the prescribed
date shall have effect in relation to the corresponding new District
Council subject to such adaptations and modifications as may be made
therein by the Administrator of the Union territory of Mizoram
(4)
The Administrator of the Union territory of Mizoram may, by one or more
orders, provide for all or any of the following matters, namely:
(a)
the transfer in whole or in part of the assets, rights and liabilities
of the existing Regional Council (including the rights and liabilities
under any contract made by it) to the corresponding new District
Council;
(b) the substitution of
the corresponding new District Council for the existing Regional Council
as a party to the legal proceedings to which the existing Regional
Council is a party;
(c) the
transfer or re employment of any employees of the existing Regional
Council to or by the corresponding new District Council, the terms and
conditions of service applicable to such employees after such transfer
or re employment;
(d) the
continuance of any laws made by the existing Regional Council and in
force immediately before the prescribed date, subject to such
adaptations and modifications, whether by way of repeal or amendment, as
the Administrator may make in this behalf until such laws are altered,
repealed or amended by a competent Legislature or other competent
authority;
(e) such incidental, consequential and supplementary matters as the Administrator considers necessary
20C.
Interpretation Subject to any provision made in this behalf, the
provisions of this Schedule shall, in their application to the Union
territory of Mizoram, have effect
(1)
as if references to the Governor and Government of the State were
references to the Administrator of the Union territory appointed under
article 239, references to State (except in the expression Government of
the State) were references to the Union territory of Mizoram and
references to the State Legislature were references to the Legislative
Assembly of the Union territory of Mizoram;
(2) as if
(a)
in sub paragraph ( 5 ) of paragraph 4, the provision for consultation
with the Government of the State concerned had been omitted;
(b)
in sub paragraph ( 2 ) of paragraph 6, for the words to which the
executive power of the State extends, the words with respect to which
the Legislative Assembly of the Union territory of Mizoram has power to
make laws had been substituted;
(c) in paragraph 13, the words and figures under article 202 had been omitted
21. Amendment of the Schedule
(1)
Parliament may from time to time by law amend by way of addition,
variation or repeal any of the provisions of this Schedule and, when the
Schedule is so amended, any reference to this Schedule in this
Constitution shall be construed as a reference to such Schedule as so
amended
(2) No such law as is
mentioned in sub paragraph ( 1 ) of this paragraph shall be deemed to be
an amendment of this Constitution for the purposes of article 368
SEVENTH SCHEDULE Article 246 List IUnion List
1.
Defence of India and every part thereof including preparation for
defence and all such acts as may be conducive in times of war to its
prosecution and after its termination of effective demobilisation
2. Naval, military and air forces; any other armed forces of the Union
2A.
Deployment of any armed force of the Union or any other force subject
to the control of the Union or any contingent or unit thereof in any
State in aid of the civil power; powers, jurisdiction, privileges and
liabilities of the members of such forces while on such deployment
3.
Delimitation of cantonment areas, local self government in such areas,
the constitution and powers within such areas of cantonment authorities
and the regulation of house accommodation (including the control of
rents) in such areas
4. Naval, military and air force works
5. Arms, firearms, ammunition and explosives
6. Atomic energy and mineral resources necessary for its production
7. Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war
8. Central Bureau of Intelligence and Investigation
9.
Preventive detention for reasons connected with Defence, Foreign
Affairs, or the security of India; persons subjected to such detention
10. Foreign affairs; all matters which bring the Union into relation with any foreign country
11. Diplomatic, consular and trade representation
12. United Nations Organisation
13. Participation in international conferences, associations and other bodies and implementing of decisions made thereat
14.
Entering into treaties and agreements with foreign countries and
implementing of treaties, agreements and conventions with foreign
countries
15. War and peace
16. Foreign jurisdiction
17. Citizenship, naturalisation and aliens
18. Extradition
19. Admission into, and emigration and expulsion from, India; passports and visas
20. Pilgrimages to places outside India
21.
Piracies and crimes committed on the high seas or in the air; offences
against the law of nations committed on land or the high seas or in the
air
22. Railways
23. Highways declared by or under law made by Parliament to be national highways
24.
Shipping and navigation on inland waterways, declared by Parliament by
law to be national waterways, as regards mechanically propelled vessels;
the rule of the road on such waterways
25.
Maritime shipping and navigation, including shipping and navigation on
tidal waters; provision of education and training for the mercantile
marine and regulation of such education and training provided by States
and other agencies
26. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft
27.
Ports declared by or under law made by Parliament or existing law to be
major ports, including their delimitation and the constitution and
powers of port authorities therein
28. Port quarantine, including hospitals connected therewith; seamens and marine hospitals
29.
Airways; aircraft and air navigation; provision of aerodromes;
regulation and organisation of air traffic and of aerodromes; provision
for aeronautical education and training and regulation of such education
and training provided by States and other agencies
30. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels
31. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication
32.
Property of the Union and the revenue therefrom, but as regards
property situated in a State subject to legislation by the State, save
in so far as Parliament by law otherwise provides
34. Courts of wards for the estates of Rulers of Indian States
35. Public debt of the Union
36. Currency, coinage and legal tender; foreign exchange
37. Foreign loans
38. Reserve Bank of India
39. Post Office Savings Bank
40. Lotteries organised by the Government of India or the Government of a State
41. Trade and commerce with foreign countries; import and export across customs frontiers; definition of customs frontiers
42. Inter State trade and commerce
43.
Incorporation, regulation and winding up of trading corporations,
including banking, insurance and financial corporations but not
including co operative societies
44.
Incorporation, regulation and winding up of corporations, whether
trading or not, with objects not confined to one State, but not
including universities
45. Banking
46. Bills of exchange, cheques, promissory notes and other like instruments
47. Insurance
48. Stock exchanges and futures markets
49. Patents, inventions and designs; copyright; trade marks and merchandise marks
50. Establishment of standards of weight and measure
51. Establishment of standards of quality for goods to be exported out of India or transported from one State to another
52. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest
53.
Regulation and development of oil fields and mineral oil resources;
petroleum and petroleum products; other liquids and substances declared
by Parliament by law to be dangerously inflammable
54.
Regulation of mines and mineral development to the extent to which such
regulation and development under the control of the Union is declared
by Parliament by law to be expedient in the public interest
55. Regulation of labour and safety in mines and oilfields
56.
Regulation and development of inter State rivers and river valleys to
the extent to which such regulation and development under the control of
the Union is declared by Parliament by law to be expedient in the
public interest
57. Fishing and fisheries beyond territorial waters
58.
Manufacture, supply and distribution of salt by Union agencies,
regulation and control of manufacture, supply and distribution of salt
by other agencies
59. Cultivation, manufacture, and sale for export, of opium
60. Sanctioning of cinematograph films for exhibition
61. Industrial disputes concerning Union employees
62.
The institutions known at the commencement of this Constitution as the
National Library, the Indian Museum, the Imperial War Museum, the
Victoria Memorial and the Indian War Memorial, and any other like
institution financed by the Government of India wholly or in part and
declared by Parliament by law to be an institution of national
importance
63. The institutions
known at the commencement of this Constitution as the Banaras Hindu
University, the Aligarh Muslim University and the Delhi University; the
University established in pursuance of article 371E; any other
institution declared by Parliament by law to be an institution of
national importance
64.
Institutions for scientific or technical education financed by the
Government of India wholly or in part and declared by Parliament by law
to be institutions of national importance
65. Union agencies and institutions for
(a) professional, vocational or technical training, including the training of police officers; or
(b) the promotion of special studies or research; or
(c) scientific or technical assistance in the investigation or detection of crime
66.
Co ordination and determination of standards in institutions for higher
education or research and scientific and technical institutions
67.
Ancient and historical monuments and records, and archaeological sites
and remains, declared by or under law made by Parliament to be of
national importance
68. The
Survey of India, the Geological, Botanical, Zoological and
Anthropological Surveys of India; Meteorological organisations
69. Census
70. Union Public Services; All India Services; Union Public Service Commission
71. Union pensions, that is to say, pensions payable by the Government of India or out of the Consolidated Fund of India
72.
Elections to Parliament, to the Legislatures of States and to the
offices of President and Vice President; the Election Commission
73.
Salaries and allowances of members of Parliament, the Chairman and
Deputy Chairman of the Council of States and the Speaker and Deputy
Speaker of the House of the People
74.
Powers, privileges and immunities of each House of Parliament and of
the members and the Committees of each House; enforcement of attendance
of persons for giving evidence or producing documents before committees
of Parliament or commissions appointed by Parliament
75.
Emoluments, allowances, privileges, and rights in respect of leave of
absence, of the President and Governors; salaries and allowances of the
Ministers for the Union; the salaries, allowances, and rights in respect
of leave of absence and other conditions of service of the Comptroller
and Auditor General
76. Audit of the accounts of the Union and of the States
77.
Constitution, organisation, jurisdiction and powers of the Supreme
Court (including contempt of such Court), and the fees taken therein;
persons entitled to practise before the Supreme Court
78.
Constitution and Organisation (including vacations) of the High Courts
except provisions as to officers and servants of High Courts; persons
entitled to practise before the High Courts
79.
Extension of the jurisdiction of a High Court to, and exclusion of the
jurisdiction of a High Court from, any Union territory
80.
Extension of the powers and jurisdiction of members of a police force
belonging to any State to any area outside that State, but not so as to
enable the police of one State to exercise powers and jurisdiction in
any area outside that State without the consent of the Government of the
State in which such area is situated; extension of the powers and
jurisdiction of members of a police force belonging to any State to
railway areas outside that State
81. Inter State migration; inter State quarantine
82. Taxes on income other than agricultural income
83. Duties of customs including export duties
84. Duties of excise on tobacco and other goods manufactured or produced in India except
(a) alcoholic liquors for human consumption
(b)
opium, Indian hemp and other narcotic drugs and narcotics, but
including medicinal and toilet preparations containing alcohol or any
substance included in sub paragraph (b) of this entry
85. Corporation tax
86.
Taxes on the capital value of the assets, exclusive of agricultural
land, of individuals and companies; taxes on the capital of companies
87. Estate duty in respect of property other than agricultural land
88. Duties in respect of succession to property other than agricultural land
89. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights
90. Taxes other than stamp duties on transactions in stock exchanges and futures markets
91.
Rates of stamp duty in respect of bills of exchange, cheques,
promissory notes, bills of lading, letters of credit, policies of
insurance, transfer of shares, debentures, proxies and receipts
92. Taxes on the sale or purchase of newspapers and on advertisements published therein
92A.
Taxes on the sale or purchase of goods other than newspapers, where
such sale or purchase takes place in the course of inter State trade or
commerce
92B. Taxes on the
consignment of goods (whether the consignment is to the person making it
or to any other person), where such consignment takes place in the
course of inter State trade or commerce
93. Offences against laws with respect to any of the matters in this List
94. Inquiries, surveys and statistics for the purpose of any of the matters in this List
95.
Jurisdiction and powers of all courts, except the Supreme Court, with
respect to any of the matters in this List; admiralty jurisdiction
96. Fees in respect of any of the matters in this List, but not including fees taken in any court
97.
Any other matter not enumerated in List II or List III including any
tax not mentioned in either of those Lists List IIState List
1.
Public order (but not including the use of any naval, military or Air
force or any other armed force of the Union or of any other force
subject to the control of the Union or of any contingent or unit thereof
in aid of the civil power)
2. Police (including railway and village police) subject to the provisions of entry 2A of List I
3.
Officers and servants of the High Court; procedure in rent and revenue
courts; fees taken in all courts except the Supreme Court
4.
Prisons, reformatories, Borstal institutions and other institutions of a
like nature, and persons detained therein; arrangements with other
States for the use of prisons and other institutions
5.
Local government, that is to say, the constitution and powers of
municipal corporations, improvement trusts, district boards, mining
settlement authorities and other local authorities for the purpose of
local self government or village administration
6. Public health and sanitation; hospitals and dispensaries
7. Pilgrimages, other than pilgrimages to places outside India
8.
Intoxicating liquors, that is to say, the production, manufacture,
possession, transport, purchase and sale of intoxicating liquors
9. Relief of the disabled and unemployable
10. Burials and burial grounds; cremations and cremation grounds
12.
Libraries, museums and other similar institutions controlled or
financed by the State; ancient and historical monuments and records
other than those declared by or under law made by Parliament to be of
national importance
13.
Communications, that is to say, roads, bridges, ferries, and other means
of communication not specified in List I; municipal tramways; ropeways;
inland waterways and traffic thereon subject to the provisions of List I
and List III with regard to such waterways; vehicles other than
mechanically propelled vehicles
14. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases
15. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice
16. Pounds and the prevention of cattle trespass
17.
Water, that is to say, water supplies, irrigation and canals, drainage
and embankments, water storage and water power subject to the provisions
of entry 56 of List I
18. Land,
that is to say, right in or over land, land tenures including the
relation of landlord and tenant, and the collection of rents; transfer
and alienation of agricultural land; land improvement and agricultural
loans; colonization
21. Fisheries
22. Courts of wards subject to the provisions of entry 34 of List I; encumbered and attached estates
23.
Regulation of mines and mineral development subject to the provisions
of List I with respect to regulation and development under the control
of the Union
24. Industries subject to the provisions of entries 7 and 52 of List I
25. Gas and gas works
26. Trade and commerce within the State subject to the provisions of entry 33 of List III
27. Production, supply and distribution of goods subject to the provisions of entry 33 of List III
28. Markets and fairs
30. Money lending and money lenders; relief of agricultural indebtedness
31. Inns and inn keepers
32.
Incorporation, regulation and winding up of corporation, other than
those specified in List I, and universities; unincorporated trading,
literacy, scientific, religious and other societies and associations; co
operative societies
33. Theaters
and dramatic performances; cinemas subject to the provisions of entry
60 of List 1; sports, entertainments and amusements
34. Betting and gambling
35. Works, lands and buildings vested in or in the possession of the State
37. Elections to the Legislature of the State subject to the provisions of any law made by Parliament
38.
Salaries and allowances of members of the Legislature of the State, of
the Speaker and Deputy Speaker of the Legislative Assembly and, if there
is a Legislative Council, of the Chairman and Deputy Chairman thereof
39.
Powers, privileges and immunities of the Legislative Assembly and of
the members and the committees thereof, and, if there is a Legislative
Council, of that Council and of the members and the committees thereof;
enforcement of attendance of persons for giving evidence or producing
documents before committees of the Legislature of the State
40. Salaries and allowances of Ministers for the State
41. State public services; State Public Service Commission
42. State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the State
43. Public debt of the State
44. Treasure trove
45.
Land revenue, including the assessment and collection of revenue, the
maintenance of land records, survey for revenue purposes and records of
rights, and alienation of revenues
46. Taxes on agricultural income
47. Duties in respect of succession to agricultural land
48. Estate duty in respect of agricultural land
49. Taxes on lands and buildings
50. Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development
51.
Duties of excise on the following goods manufactured or produced in the
State and countervailing duties at the same or lower rates on similar
goods manufactured or produced elsewhere in India:
(a) alcoholic liquors for human consumption;
(b)
opium, Indian hemp and other narcotic drugs and narcotics; but not
including medicinal and toilet preparations containing alcohol or any
substance included in sub paragraph (b) of this entry
52. Taxes on the entry of goods into a local area for consumption, use or sale therein
53. Taxes on the consumption or sale of electricity
54. Taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92A of List I
55.
Taxes on advertisements other than advertisements published in the
newspapers and advertisements broadcast by radio or television
56. Taxes on goods and passengers carried by road or on inland waterways
57.
Taxes on vehicles, whether mechanically propelled or not, suitable for
use on roads, including tramcars subject to the provisions of entry 35
of List III
58. Taxes on animals and boats
59. Tolls
60. Taxes on professions, trades, callings and employments
61. Captivation taxes
62. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling
63.
Rates of stamp duty in respect of documents other than those specified
in the provisions of List I with regard to rates of stamp duty
64. Offences against laws with respect to any of the matters in this List
65. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List
66. Fees in respect of any of the matters in this List, but not including fees taken in any court List IIIConcurrent List
1.
Criminal law, including all matters included in the Indian Penal Code
at the commencement of this Constitution but excluding offences against
laws with respect to any of the matters specified in List I or List II
and excluding the use of naval, military or air forces or any other
armed forces of the Union in aid of the civil power
2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution
3.
Preventive detention for reasons connected with the security of a
State, the maintenance of public order, or the maintenance of supplies
and services essential to the community; persons subjected to such
detention
4. Removal from one
State to another State of prisoners, accused persons and persons
subjected to preventive detention for reasons specified in entry 3 of
this List
5. Marriage and
divorce; infants and minors; adoption; wills, intestacy and succession;
joint family and partition; all matters in respect of which parties in
judicial proceedings were immediately before the commencement of this
Constitution subject to their personal law
6. Transfer of property other than agricultural land; registration of deeds and documents
7.
Contracts, including partnership, agency, contracts of carriage, and
other special forms of contracts, but not including contracts relating
to agricultural land
8. Actionable wrongs
9. Bankruptcy and insolvency
10. Trust and Trustees
11. Administrators general and official trustees
11A. Administration of justice; constitution and organisation of all courts, except the Supreme Court and the High Courts
12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings
13.
Civil procedure, including all matters included in the Code of Civil
Procedure at the commencement of this Constitution, limitation and
arbitration
14. Contempt of court, but not including contempt of the Supreme Court
15. Vagrancy; nomadic and migratory tribes
16. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients
17. Prevention of cruelty to animals
17A. Forests
17B. Protection of wild animals and birds
18. Adulteration of foodstuffs and other goods
19. Drugs and poisons, subject to the provisions of entry 59 of List I with respect to opium
20. Economic and social planning
20A. Population control and family planning
21. Commercial and industrial monopolies, combines and trusts
22. Trade unions; industrial and labour disputes
23. Social security and social insurance; employment and unemployment
24.
Welfare of labour including conditions of work, provident funds,
employers liability, workmens compensation, invalidity and old age
pensions and maternity benefits
25.
Education, including technical education, medical education and
universities, subject to the provisions of entries 63, 64, 65 and 66 of
List I; vocational and technical training of labour
26. Legal, medical and other professions
27.
Relief and rehabilitation of persons displaced from their original
place of residence by reason of the setting up of the Dominions of India
and Pakistan
28. Charities and charitable institutions, charitable and religious endowments and religious institutions
29.
Prevention of the extension from one State to another of infectious or
contagious diseases or pests affecting men, animals or plants
30. Vital statistics including registration of births and deaths
31. Ports other than those declared by or under law made by Parliament or existing law to be major ports
32.
Shipping and navigation on inland waterways as regards mechanically
propelled vessels, and the rule of the road on such waterways, and the
carriage of passengers and goods on inland waterways subject to the
provisions of List I with respect to national waterways
33. Trade and commerce in, and the production, supply and distribution of,
(a)
the products of any industry where the control of such industry by the
Union is declared by Parliament by law to be expedient in the public
interest, and imported goods of the same kind as such products;
(b) foodstuffs, including edible oilseeds and oils;
(c) cattle fodder, including oilcakes and other concentrates;
(d) raw cotton, whether ginned or unginned, and cotton seed; and
(e) raw jute
33A. Weights and measures except establishment of standards
34. Price control
35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied
36. Factories
37. Boilers
38. Electricity
39. Newspapers, books and printing presses
40. Archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance
41. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property
42. Acquisition and requisitioning of property
43.
Recovery in a State of claims in respect of taxes and other public
demands, including arrears of land revenue and sums recoverable as such
arrears, arising outside that State
44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty
45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III
46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List
47.
Fees in respect of any of the matters in this List, but not including
fees taken in any court EIGHTH SCHEDULE Articles 344 ( 1 ) and 351
Languages
1. Assamese
2. Bengali
3. Gujarati
4. Hindi
5. Kannada
6. Kashmiri
7. Konkani
8. Malayalam
9. Manipuri
10. Marathi
11. Nepali
12. Oriya
13. Punjabi
14. Sanskrit
15. Sindhi
16. Tamil
17. Telugu
18. Urdu NINTH SCHEDULE Article 31B
1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950 )
2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948 )
3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949 )
4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949 )
5. The Panch Mahals, Mehwassi Tenure Abolition Act, 1949 (Bombay Act LXIII of 1949 )
6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950 )
7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 (Bombay Act LX of 1950 )
8.
The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals,
Alienated Lands) Act, 1950 (Madhya Pradesh Act 1 of 1951 )
9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948 )
10. The Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950 (Madras Act 1 of 1950 )
11. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act 1 of 1951 )
12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F C (No LXIX of 1358, Fasli)
13. The Hyderabad Jagirs (Commutation) Regulation, 1359F C (No XXV of 1359, Fasli)
14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act, 1950 (Bihar Act XXXVIII of 1950 )
15. The United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948 (U P Act XXVI of 1948 )
16. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act LX of 1948 )
17.
Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938 ), as
inserted by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII
of 1950 )
18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951 )
19.
Chapter IIIA of the Industries (Development and Regulation) Act, 1951
(Act LXV of 1951 ), as inserted by section 13 of the Industries
(Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953 )
20.
The West Bengal Land Development and Planning Act, 1948 (West Bengal
Act XXI of 1948 ), as amended by West Bengal Act XXIX of 1951
21. The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 (Andhra Pradesh Act X of 1961 )
22. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961 )
23.
The Andhra Pradesh (Telangana Area) Ijara and Kowli Land Cancellation
of Irregular Pattas and Abolition of Concessional Assessment Act, 1961
(Andhra Pradesh Act XXXVI of 1961 )
24.
The Assam State Acquisition of Lands belonging to Religious or
Charitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961 )
25. The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of 1954 )
26.
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) Act, 1961 (Bihar Act XII of 1962 ), (except section 28 of
this Act)
27. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954 (Bombay Act 1 of 1955 )
28. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957 (Bombay Act XVIII of 1958 )
29. The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay Act XCVIII of 1958 )
30. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat Act XVI of 1960 )
31. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI of 1961 )
32. The Sagbara and Meshwassi Estates (Proprietary Rights Abolition, etc) Regulation, 1962 (Gujarat Regulation 1 of 1962 )
33.
The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act
XXXIII of 1963 ), except in so far as this Act relates to an alienation
referred to in sub clause (d) of clause ( 3 ) of section 2 thereof
34. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Maharashtra Act XXVII of 1961 )
35.
The Hyderabad Tenancy and Agricultural Lands (Re enactment, Validation
and Further Amendment) Act, 1961 (Maharashtra Act XLV of 1961 )
36. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad Act XXI of 1950 )
37. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961 )
38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961 )
39. The Kerala Land Reforms Act, 1963 (Kerala Act 1 of 1964 )
40. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh Act XX of 1959 )
41. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (Madhya Pradesh Act XX of 1960 )
42. The Madras Cultivating Tenants Protection Act, 1955 (Madras Act XXV of 1955 )
43. The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Madras Act XXIV of 1956 )
44. The Madras Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961 (Madras Act XXXVIII of 1961 )
45. The Madras Public Trust (Regulation of Administration of Agricultural Lands) Act, 1961 (Madras Act LVII of 1961 )
46. The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Madras Act LVIII of 1961 )
47. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952 )
48. The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957 )
49. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961 )
50. The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961 (Mysore Act XXXVI of 1961 )
51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962 )
52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960 )
53. The Orissa Merged Territories (Village Offices Abolition) Act, 1963 (Orissa Act X of 1963 )
54. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953 )
55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955 )
56. The Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act VIII of 1959 )
57. The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (Uttar Pradesh Act XVII of 1960 )
58. The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (Uttar Pradesh Act I of 1961 )
59. The West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954 )
60. The West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956 )
61. The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954 )
62. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960 )
63. The Manipur Land Revenue and Land Reforms Act, 1960 (Central Act 33 of 1960 )
64. The Tripura Land Revenue and Land Reforms Act, 1960 (Central Act 43 of 1960 )
65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 1969 )
66. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971 )
67. The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Andhra Pradesh Act I of 1973 )
68.
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) (Amendment) Act, 1972 (Bihar Act I of 1973 )
69.
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973 )
70. The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of 1972 )
71. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972 (Gujarat Act 2 of 1974 )
72. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972 )
73. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal Pradesh Act 19 of 1973 )
74. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972 )
75. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1972 (Madhya Pradesh Act 12 of 1974 )
76. The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1972 (Madhya Pradesh Act 13 of 1974 )
77. The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act I of 1974 )
78. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973 )
79. The Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act II of 1973 )
80. The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (Tamil Nadu Act 24 of 1969 )
81. The West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act XXII of 1972 )
82. The West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act XXII of 1964 )
83. The West Bengal Estates Acquisition (Second Amendment) Act, 1973 (West Bengal Act XXXIII of 1973 )
84. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972 (Gujarat Act 5 of 1973 )
85. The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of 1974 )
86. The Tripura Land Revenue and Land Reforms (Second Amendment) Act, 1974 (Tripura Act 7 of 1974 )
88. The Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951 )
89. The Requisitioning and Acquisition of Immovable Property Act, 1952 (Central Act 30 of 1952 )
90. The Mines and Minerals (Regulations and Development) Act, 1957 (Central Act 67 of 1957 )
91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central Act 54 of 1969 )
93. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central Act 64 of 1971 )
94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of 1972 )
95. The General Insurance Business (Nationalisation) Act, 1972 (Central Act 57 of 1972 )
96. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 (Central Act 58 of 1972 )
97. The Sick Textile Undertakings (Taking Over of Management) Act, 1972 (Central Act 72 of 1972 )
98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act 15 of 1973 )
99. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973 )
100. The Foreign Exchange Regulation Act, 1973 (Central Act 46 of 1973 )
101. The Alcock Ashdown Company Limited (Acquisition of Undertakings) Act, 1973 (Central Act 56 of 1973 )
102. The Coal Mines (Conservation and Development) Act, 1974 (Central Act 28 of 1974 )
103. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central Act 37 of 1974 )
104. The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974 )
105. The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central Act 57 of 1974 )
106. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1964 (Maharashtra Act XVI of 1965 )
107. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1965 (Maharashtra Act XXXII of 1965 )
108. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1968 (Maharashtra Act XVI of 1968 )
109. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968 )
110. The Maharashtra Agricultural Lands (Ceiling on Holdings) Amendment Act, 1969 (Maharashtra Act XXXVII of 1969 )
111. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969 )
112. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1970 (Maharashtra Act XXVII of 1970 )
113. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1972 (Maharashtra Act XIII of 1972 )
114. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1973 (Maharashtra Act L of 1973 )
115. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of 1965 )
116. The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of 1967 )
117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of 1967 )
118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of 1969 )
119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of 1970 )
120. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 (Uttar Pradesh Act 18 of 1973 )
121. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1974 (Uttar Pradesh Act 2 of 1975 )
122. The Tripura Land Revenue and Land Reforms (Third Amendment) Act, 1975 (Tripura Act 3 of 1975 )
123. The Dadra and Nagar Haveli Land Reforms Regulation, 1971 ( 3 of 1971 )
124. The Dadra and Nagar Haveli Land Reforms (Amendment) Regulation, 1973 ( 5 of 1973 )
125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939 (Central Act 4 of 1939 )
126. The Essential Commodities Act, 1955 (Central Act 10 of 1955 )
127. The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (Central Act 13 of 1976 )
128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976 )
129. The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976 (Central Act 20 of 1976 )
131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of 1976 )
132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976 )
133. The Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976 (Central Act 59 of 1976 )
134. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam Act 1 of 1957 )
135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (Bombay Act XCIX of 1958 )
136. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14 of 1973 )
137. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976 (Haryana Act 17 of 1976 )
138. The Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Himachal Pradesh Act 8 of 1974 )
139. The Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974 (Himachal Pradesh Act 18 of 1974 )
140. The Karnataka Land Reforms (Second Amendment and Miscellaneous Provisions) Act, 1974 (Karnataka Act 31 of 1974 )
141. The Karnataka Land Reforms (Second Amendment) Act, 1976 (Karnataka Act 27 of 1976 )
142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966 )
143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969 )
144. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of 1969 )
145. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971 (Kerala Act 20 of 1971 )
146. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Kerala Act 26 of 1971 )
147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974 )
148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29 of 1974 )
149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975 )
150.
The Kerala Scheduled Tribes (Restriction on Transfer of Lands and
Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975 )
151. The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of 1976 )
152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976 )
153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974 (Madhya Pradesh Act 20 of 1974 )
154. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1975 (Madhya Pradesh Act 2 of 1976 )
155. The West Khandesh Meshwari Estates (Proprietary Rights Abolition, etc) Regulation, 1961 (Maharashtra Regulation 1 of 1962 )
156. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Maharashtra Act XIV of 1975 )
157.
The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings)
and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975 )
158. The Maharashtra Private Forests (Acquisition) Act, 1975 (Maharashtra Act XXIX of 1975 )
159.
The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings)
and (Amendment) Act, 1975 (Maharashtra Act XLVII of 1975 )
160. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975 (Maharashtra Act II of 1976 )
161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952 )
162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954 )
163. The Rajasthan Land Reforms and Acquisition of Landowners Estates Act, 1963 (Rajasthan Act 11 of 1964 )
164. The Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Act, 1976 (Rajasthan Act 8 of 1976 )
165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of 1976 )
166. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970 )
167. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Nadu Act 41 of 1971 )
168. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1972 (Tamil Nadu Act 10 of 1972 )
169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu Act 20 of 1972 )
170. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972 )
171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972 )
172. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 , (Tamil Nadu Act 7 of 1974 )
173. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth Amendment Act, 1972 (Tamil Nadu Act 10 of 1974 )
174. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1974 (Tamil Nadu Act 15 of 1974 )
175. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1974 (Tamil Nadu Act 30 of 1974 )
176. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1974 (Tamil Nadu Act 32 of 1974 )
177. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1975 (Tamil Nadu Act 11 of 1975 )
178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1975 (Tamil Nadu Act 21 of 1975 )
179.
Amendments made to the Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950 (Uttar Pradesh Act I of 1951 ) by the Uttar Pradesh
Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of 1971 ) and the
Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh Act 34 of
1974 )
180. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976 )
181. The West Bengal Land Reforms (Second Amendment) Act, 1972 (West Bengal Act XXVIII of 1972 )
182. The West Bengal Restoration of Alienated Land Act, 1973 (West Bengal Act XXIII of 1973 )
183. The West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal Act XXXIII of 1974 )
184. The West Bengal Land Reforms (Amendment) Act, 1975 (West Bengal Act XXIII of 1975 )
185. The West Bengal Land Reforms (Amendment) Act, 1976 (West Bengal Act XII of 1976 )
186. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central Act 15 of 1976 )
187. The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Goa, Daman and Diu Act I of 1976 )
188. The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (Pondicherry Act 9 of 1974 )
189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam Act XXIII of 1971 )
190. The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1974 (Assam Act XVIII of 1974 )
191.
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) (Amendment) Amending Act, 1974 (Bihar Act 31 of 1975 )
192.
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976 )
193.
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978 )
194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of 1980 )
195. The Haryana Ceiling on Land Holdings (Amendment) Act, 1977 (Haryana Act 14 of 1977 )
196. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1978 (Tamil Nadu Act 25 of 1978 )
197. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979 )
198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978 (Uttar Pradesh Act 15 of 1978 )
199. The West Bengal Restoration of Alienated Land (Amendment) Act, 1978 (West Bengal Act XXIV of 1978 )
200. The West Bengal Restoration of Alienated Land (Amendment) Act, 1980 (West Bengal Act LVI of 1980 )
201. The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa, Daman and Diu Act 7 of 1964 )
202. The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) Act, 1976 (Goa, Daman and Diu Act 17 of 1976 )
203. The Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Andhra Pradesh Regulation I of 1959 )
204. The Andhra Pradesh Scheduled Areas Laws (Extension and Amendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963 )
205. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1970 (Andhra Pradesh Regulation 1 of 1970 )
206. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1971 (Andhra Pradesh Regulation 1 of 1971 )
207. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978 )
208. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885 )
209.
The Chhota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908 ) (Chapter
VIIIsections 46, 47, 48, 48A and 49; Chapter Xsections 71, 71A and 71B;
and Chapter XVIIIsections 240, 241 and 242)
210. The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act 14 of 1949 ) except section 53
211. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969 )
212.
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982 )
213. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of 1969 )
214. The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37 of 1976 )
215. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976 (Presidents Act 43 of 1976 )
216. The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977 (Gujarat Act 27 of 1977 )
217. The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30 of 1977 )
218. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (Gujarat Act 37 of 1980 )
219. The Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982 )
220. The Himachal Pradesh Transfer of Land (Regulation) Act, 1968 (Himachal Pradesh Act 15 of 1969 )
221. The Himachal Pradesh Transfer of Land (Regulation) (Amendment) Act, 1986 (Himachal Pradesh Act 16 of 1986 )
222.
The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of
Transfer of certain Lands) Act, 1978 (Karnataka Act 2 of 1979 )
223. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978 )
224. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of 1981 )
225. The Madhya Pradesh Land Revenue Code (Third Amendment) Act, 1976 (Madhya Pradesh Act 61 of 1976 )
226. The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 (Madhya Pradesh Act 15 of 1980 )
227. The Madhya Pradesh Akrishik Jot Uchachatam Seema Adhiniyam, 1981 (Madhya Pradesh Act 11 of 1981 )
228. The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1976 (Madhya Pradesh Act I of 1984 )
229. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1984 (Madhya Pradesh Act 14 of 1984 )
230. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1989 (Madhya Pradesh Act 8 of 1989 )
231. The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of 1966 ), sections 36, 36A and 36B
232.
The Maharashtra Land Revenue Code and the Maharashtra Restoration of
Lands to Scheduled Tribes (Second Amendment) Act, 1976 (Maharashtra Act
30 of 1977 )
233. The Maharashtra
Abolition of Subsisting Proprietary Rights to Mines and Minerals in
certain Lands Act, 1985 (Maharashtra Act 16 of 1985 )
234.
The Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled
Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956 )
235. The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa Act 29 of 1976 )
236. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976 )
237. The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa Act 44 of 1976 )
238. The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act 12 of 1984 )
239. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of 1984 )
240. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of 1987 )
241. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1979 (Tamil Nadu Act 8 of 1980 )
242. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1980 (Tamil Nadu Act 21 of 1980 )
243. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1981 (Tamil Nadu Act 59 of 1981 )
244. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1983 (Tamil Nadu Act 2 of 1984 )
245. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh Act 20 of 1982 )
246. The West Bengal Land Reforms (Amendment) Act, 1965 (West Bengal Act 18 of 1965 )
247. The West Bengal Land Reforms (Amendment) Act, 1966 (West Bengal Act 11 of 1966 )
248. The West Bengal Land Reforms (Second Amendment) Act, 1969 (West Bengal Act 23 of 1969 )
249. The West Bengal Estate Acquisition (Amendment) Act, 1977 (West Bengal Act 36 of 1977 )
250. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act 44 of 1979 )
251. The West Bengal Land Reforms (Amendment) Act, 1980 (West Bengal Act 41 of 1980 )
252. The West Bengal Land Holding Revenue (Amendment) Act, 1981 (West Bengal Act 33 of 1981 )
253. The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981 (West Bengal Act 37 of 1981 )
254. The West Bengal Land Holding Revenue (Amendment) Act, 1982 (West Bengal Act 23 of 1982 )
255. The Calcutta Thikka Tenancy (Acquisition and Regulation) (Amendment) Act, 1984 (West Bengal Act 41 of 1984 )
256. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968 )
257. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1 of 1981 )
257A.
The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes
(Reservation of Seats in Educational Institutions and of appointments or
posts in the Services under the State) Act 1993 (Tamil Nadu Act 45 of
1994 )
258. The Bihar Privileged persons Homestead Tenancy Act, 1947 (Bihar Act 4 of 1948 )
259. The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act 22 of 1956 )
260. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1970 (Bihar Act 7 of 1970 )
261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1970 (Bihar Act 9 of 1970 )
262. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1973 (Bihar Act 27 of 1975 )
263. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1981 (Bihar Act 35 of 1982 )
264.
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987 )
265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1989 (Bihar Act 11 of 1989 )
266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990 )
267.
The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of
Transfer of Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of
1984 )
268. The Kerala land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989 )
269. The Kerala land Reforms (Second Amendment) Act, 1989 (Kerala Act 2 of 1990 )
270. The Orissa Land Reforms Amendment Act, 1989 (Orissa Act 9 of 1990 )
271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979 )
272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2 of 1987 )
273. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act 12 of 1989 )
274. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1983 (Tamil Nadu Act 3 of 1984 )
275. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1986 (Tamil Nadu Act 57 of 1986 )
276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1987 (Tamil Nadu Act 4 of 1988 )
277. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1989 (Tamil Nadu Act 30 of 1989 )
278. The West Bengal Land Reforms (Amendment) Act, 1981 (West Bengal Act 50 of 1981 )
279. The West Bengal Land Reforms (Amendment) Act, 1986 (West Bengal Act 5 of 1986 )
280. The West Bengal Land Reforms (Second Amendment) Act, 1986 (West Bengal Act 19 of 1986 )
281. The West Bengal Land Reforms (Third Amendment) Act, 1981 (West Bengal Act 35 of 1986 )
282. The West Bengal Land Reforms (Amendment) Act, 1989 (West Bengal Act 23 of 1989 )
283. The West Bengal Land Reforms (Amendment) Act, 1990 (West Bengal Act 24 of 1990 )
284.
The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act 12 of
1991 ) Explanation Any acquisition made under the Rajasthan Tenancy Act,
1955 (Rajasthan Act III of 1955 ), in contravention of the second
proviso to clause ( 1 ) of article 31 A shall, to the extent of the
contravention, be void TENTH SCHEDULE Articles 102 ( 2 ) and 191 ( 2 )
Provisions as to disqualification on ground of defection
1. Interpretation In this Schedule, unless the context otherwise requires,
(a)
House means either House of Parliament or the Legislative Assembly or,
as the case may be, either House of the Legislature of a State;
(b)
legislature party, in relation to a member of a House belonging to any
political party in accordance with the provisions of paragraph 2 or
paragraph 3 or, as the case may be, paragraph 4, means the group
consisting of all the members of that House for the time being belonging
to that political party in accordance with the said provisions;
(c)
original political party, in relation to a member of a House, means the
political party to which he belongs for the purposes of sub paragraph (
1 ) of paragraph 2;
(d) paragraph means a paragraph of this Schedule
2. Disqualification on ground of defection
(1)
Subject to the provisions of paragraphs 3, 4 and 5, a member of a House
belonging to any political party shall be disqualified for being a
member of the House
(a) if he has voluntarily gives up his membership of such political party; or
(b)
if he votes or abstains from voting in such House contrary to any
direction issued by the political party to which he belongs or by any
person or authority authorised by it in this behalf, without obtaining,
in either case, the prior permission of such political party, person or
authority and such voting or abstention has not been condoned by such
political party, person or authority within fifteen days from the date
of such voting or abstention Explanation For the purposes of this sub
paragraph,
(a) an elected member
of a House shall be deemed to belong to the political party, if any, by
which he was set up as a candidate for election as such member;
(b) a nominated member of a House shall,
(i)
where he is a member of any political party on the date of his
nomination as such member, be deemed to belong to such political party;
(ii)
in any other case, be deemed to belong to the political party of which
he becomes, or, as the case may be, first becomes a member before the
expiry of six months from the date on which he takes his seat after
complying with the requirements of article 99 or, as the case may be,
article 188
(2) An elected member
of a House who has been elected as such otherwise than as a candidate
set up by any political party shall be disqualified for being a member
of the House if he joins any political party after such election
(3)
A nominated member of a House shall be disqualified for being a member
of the House if he joins any political party after the expiry of six
months from the date on which he takes his seat after complying with the
requirements of article 99 or, as the case may be, article 188
(4)
Notwithstanding anything contained in the foregoing provisions of this
paragraph, a person who, on the commencement of the Constitution (Fifty
second Amendment) Act, 1985 , is a member of a House (whether elected or
nominated as such) shall,
(i)
where he was a member of political party immediately before such
commencement, be deemed, for the purposes of sub paragraph ( 1 ) of this
paragraph, to have been elected as a member of such House as a
candidate set up by such political party;
542503
ii in any other case, be deemed to be an elected member of the House
who has been elected as such otherwise than as a candidate set up by any
political party for the purposes of sub paragraph ( 2 ) of this
paragraph or, as the case may be, deemed to be a nominated member of the
House for the purposes of sub paragraph ( 3 ) of this paragraph
3.
Disqualification on ground of defection not to apply in case of split
Where a member of a House makes a claim that he and any other members of
his legislature party constitute the group representing a faction which
has arisen as a result of a split in his original political party and
such group consists of not less than one third of the members of such
legislature party,
(a) he shall not be disqualified under sub paragraph ( 1 ) of paragraph 2 on the ground
(i) that he has voluntarily given up his membership of his original political party; or
(ii)
that he has voted or abstained from voting in such House contrary to
any direction issued by such party or by any person or authority
authorised by it in that behalf without obtaining the prior permission
of such party, person or authority and such voting or abstention has not
been condoned by such party, person or authority within fifteen days
from the date of such voting or abstention; and
(b)
from the time of such split, such faction shall be deemed to be the
political party to which he belongs for the purposes of sub paragraph ( 1
) of paragraph 2 and to be his original political party for the
purposes of this paragraph
4.
Disqualification on ground of defection not to apply in case of merger (
1 ) A member of a House shall not be disqualified under sub paragraph (
1 ) of paragraph 2 where his original political party merges with
another political party and he claims that he and any other members of
his original political party
(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or
(b)
have not accepted the merger and opted to function as a separate group,
and from the time of such merger, such other political party or new
political party or group, as the case may be, shall be deemed to be the
political party to which he belongs for the purposes of sub paragraph ( 1
) of paragraph 2 and to be his original political party for the
purposes of this sub paragraph
5.
Exemption Notwithstanding anything contained in this Schedule, a person
who has been elected to the office of the Speaker or the Deputy Speaker
of the House of the People or the Deputy Chairman of the Council of
States or the Chairman or the Deputy Chairman of the Legislative Council
of a State or the Speaker or the Deputy Speaker of the Legislative
Assembly of a State, shall not be disqualified under this Schedule,
(a)
if he, by reason of his election to such office, voluntarily gives up
the membership of the political party to which he belonged immediately
before such election and does not, so long as he continues to hold such
office thereafter, rejoin that political party or become a member of
another political party; or
(b)
if he, having given up by reason of his election to such office his
membership of the political party to which he belonged immediately
before such election, rejoins such political party after he ceases to
hold such office
6. Decision on
questions as to disqualification on ground of defection ( 1 ) If any
question arises as to whether a member of a House has become subject to
disqualification under this Schedule, the question shall be referred for
the decision of the Chairman or, as the case may be, the Speaker of
such House and his decision shall be final: Provided that where the
question which has arisen is as to whether the Chairman or the Speaker
of a House has become subject to such disqualification, the question
shall be referred for the decision of such member of the House as the
House may elect in this behalf and his decision shall be final
(2)
All proceedings under sub paragraph ( 1 ) of this paragraph in relation
to any question as to disqualification of a member of a House under
this Schedule shall be deemed to be proceedings in Parliament within the
meaning of article 122 or, as the case may be, proceedings in the
Legislature of a State within the meaning of article 212
7.
Bar of jurisdiction of courts Notwithstanding anything in this
Constitution, no court shall have any jurisdiction in respect of any
matter connected with the disqualification of a member of a House under
this Schedule
8. Rules ( 1 )
Subject to the provisions of sub paragraph ( 2 ) of this paragraph, the
Chairman or the Speaker of a House may make rules for giving effect to
the provisions of this Schedule, and in particular, and without
prejudice to the generality of the foregoing, such rules may provide for
(a)
the maintenance of registers or other records as to the political
parties if any, to which different members of the House belong;
(b)
the report which the leader of a legislature party in relation to a
member of a House shall furnish with regard to any condonation of the
nature referred to in clause (b) of sub paragraph ( 1 ) of paragraph 2
in respect of such member, the time within which and the authority to
whom such report shall be furnished;
(c)
the reports which a political party shall furnish with regard to
admission to such political party of any members of the House and the
officer of the House to whom such reports shall be furnished; and
(d)
the procedure for deciding any question referred to in sub paragraph ( 1
) of paragraph 6 including the procedure for any inquiry which may be
made for the purpose of deciding such question
1. Agriculture, including agricultural extension
2. Land improvement, implementation of land reforms, land consolidation and soil conservation
3. Minor irrigation, water management and watershed development
4. Animal husbandry, dairying and poultry
5. Fisheries
6. Social forestry and farm forestry
7. Minor forest produce
8. Small scale industries, including food processing industries
9. Khadi, village and cottage industries
10. Rural housing
11. Drinking water
12. Fuel and fodder
13. Roads, culverts, bridges, ferries, waterways and other means of communication
14. Rural electrification, including distribution of electricity
15. Non conventional energy sources
16. Poverty alleviation programme
17. Education, including primary and secondary schools
18. Technical training and vocational education
19. Adult and non formal education
20. Libraries
21. Cultural activities
22. Markets and fairs
23. Health and sanitation, including hospitals, primary health centres and dispensaries
24. Family welfare
25. Women and child development
26. Social welfare, including welfare of the handicapped and mentally retarded
27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes
28. Public distribution system
29. Maintenance of community assets TWELFTH SCHEDULE Article 243W
1. Urban planning including town planning
2. Regulation of land use and construction of buildings
3. Planning for economic and social development
4. Roads and bridges
5. Water supply for domestic, industrial and, commercial purposes
6. Public health, sanitation conservancy and solid waste management
7. Fire services
8. Urban forestry protection of the environment and promotion of ecological aspects
9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded
10. Slum improvement and upgradation
11. Urban poverty alleviation
12. Provision of urban amenities and facilities such as parks, gardens, play grounds
13. Promotion of cultural, educational and aesthetic aspects
14. Burials and burial grounds; cremations, cremation grounds and electric crematoriums
15. Cattle ponds; prevention of cruelty to animals
16. Vital statistics including registration of births and deaths
17. Public amenities including street lighting, parking lots, bus stops and public conveniences
18. Regulation of slaughter houses and tanneries