THE CONSTITUTION OF INDIA
Contents
Articles
Details Preamble
PART I
THE UNION AND ITS TERRITORY
1 2 2A 3
Name and territory of the Union Admission or establishment of new States Repealed Formation of of ne new St States an and al alteration of of ar areas, boundaries or names of eistin! States #aws made under arti$les 2 and 3 to %ro&ide for the amendment of the First and the Fourth S$hedules and and su%% su%%le leme ment ntal al,, in$i in$ide dent ntal al and and $ons $onse' e'ue uent ntia iall matters
"
PART II
CITIZENSHIP
(
10 11
)iti*enshi% at the $ommen$ement of the )onstitution Ri!hts of $iti*enshi% of of $ertain %ersons wh who ha&e mi!rated to India from Paistan Ri!hts of $iti*enshi% of $ertain mi!rants to Paistan Ri!hts of of $i $iti*enshi% of of $e $ertain %e %ersons of of In Indian ori!in residin! outside India Persons &oluntarily a$'uirin! $iti*enshi% of a forei!n State not to be $iti*ens )ontinuan$e of the ri!hts of $iti*enshi% Parliament to re!ulate the ri!ht of $iti*enshi% by law
PART III
FUNDAMENTAL RIGHTS
+ . /
General 12 13
efinition #aws in in$onsistent wi w ith or or in i n de dero!ation of of th t he fundamental ri!hts Rigt o! E"#alit$
1" 1( 1+
'uality before law Prohibition of of dis$rimination on on !r !rounds of reli!ion, ra$e, $aste, se or %la$e of birth 'uality of o%%ortunity in matters of %ubli$ em%loyment
11.
Abolition of untou$hability Abolition of titles Rigt to Free%o&
1/ 20 21 22
Prote$tion of o f $e $ ertain ri r i!hts re r e!ardin! fr f reedom of of s%ee$h, etc Prote$tion in res%e$t of $on&i$tion for offen$es Prote$tion of life and %ersonal liberty Prote$tion a! a!ainst ar arrest an and de detention in in $e $ertain $ases Rigt against E'(loitation
23 2"
Prohibition of of tr traffi$ in in hu human be bein!s an and fo for$ed labour Prohibition of of em em%loyment of of $h $hildren in in fa fa$tories, et$ Rigt to Free%o& o! Religion
2( 2+ 22.
Freedom of $ons$ien$e and free %rofession, %ra$ti$e and %ro%a!ation of reli!ion Freedom to mana!e reli!ious affairs Freedom as to %ayment of taes for %romotion of any %arti$ular reli!ion Freedom as to attendan$e at reli!ious instru$tion or reli!ious worshi% in $ertain edu$ational institutions C#lt#ral an% E%#cational Rigts
2/ 30 31
Prote$tion of interests of minorities Ri!ht of o f mi m inorities to t o es e stablish an a nd ad a dminister edu$ational institutions Re%ealed Sa)ing o! certain la*s
31A 31 31) 31
Sa&in! of of la laws %r %ro&idin! fo for a$ a$'uisition of of es estates, et$ 4alidation of $ertain A$ts and Re!ulations Sa&in! of laws !i&in! effe$t to $ertain dire$ti&e %rin$i%les Re%ealed Rigt to Constit#tional Re&e%ies
32 32A 33
Remedies for enfor$ement of ri!hts $onferred by this Part Re%ealed Power of Parliament to modify the ri!hts $onferred
11.
Abolition of untou$hability Abolition of titles Rigt to Free%o&
1/ 20 21 22
Prote$tion of o f $e $ ertain ri r i!hts re r e!ardin! fr f reedom of of s%ee$h, etc Prote$tion in res%e$t of $on&i$tion for offen$es Prote$tion of life and %ersonal liberty Prote$tion a! a!ainst ar arrest an and de detention in in $e $ertain $ases Rigt against E'(loitation
23 2"
Prohibition of of tr traffi$ in in hu human be bein!s an and fo for$ed labour Prohibition of of em em%loyment of of $h $hildren in in fa fa$tories, et$ Rigt to Free%o& o! Religion
2( 2+ 22.
Freedom of $ons$ien$e and free %rofession, %ra$ti$e and %ro%a!ation of reli!ion Freedom to mana!e reli!ious affairs Freedom as to %ayment of taes for %romotion of any %arti$ular reli!ion Freedom as to attendan$e at reli!ious instru$tion or reli!ious worshi% in $ertain edu$ational institutions C#lt#ral an% E%#cational Rigts
2/ 30 31
Prote$tion of interests of minorities Ri!ht of o f mi m inorities to t o es e stablish an a nd ad a dminister edu$ational institutions Re%ealed Sa)ing o! certain la*s
31A 31 31) 31
Sa&in! of of la laws %r %ro&idin! fo for a$ a$'uisition of of es estates, et$ 4alidation of $ertain A$ts and Re!ulations Sa&in! of laws !i&in! effe$t to $ertain dire$ti&e %rin$i%les Re%ealed Rigt to Constit#tional Re&e%ies
32 32A 33
Remedies for enfor$ement of ri!hts $onferred by this Part Re%ealed Power of Parliament to modify the ri!hts $onferred
3(
by this Part in their a%%li$ation, et$ Restri$tion on on ri ri!hts $o $onferred by by th this Pa Part wh while martial law is in for$e in any area #e!islation to !i&e effe$t to the %ro&isions of this Part
PART ART I+ I+
DIRECTI CTI+E PR PRINCI INCIP PLES OF OF ST STATE PO POLICY
3+ 33.
(0 (1
efinition A%%li$ation of the %rin$i%les $ontained in this Part State to se$ure a so$ial order fo for th the %romotion of welfare of the %eo%le )ertain %r %rin$i%les of of %o %oli$y to to be be fo followed by by th the State 'ual 5usti$e and free le!al aid 6r!anisation of &illa!e %an$hayats Ri!ht to wor, to edu$ation and to %ubli$ assistan$e in $ertain $ases Pro&ision for 5ust and humane $onditions of wor and maternity relief #i&in! wa!e, etc , for worers Parti$i%ation of worers in mana!ement of industries Uniform $i&il $ode for the $iti*ens Pro&ision fo for fr free an and $o $om%ulsory ed edu$ation fo for $hildren Promotion of of ed edu$ational an and e$ e$onomi$ in interests of of S$he S$hedu dule led d )ast )astes es,, S$he S$hedu dule led d Trib ribes and and other ther weaer se$tions uty of the State to raise the le&el of nutrition and the standard of li&in! and to im%ro&e %ubli$ health 6r!anisation of a!ri$ulture and animal husbandry Prote$tion an and im im%ro&ement of of en en&ironment an a nd safe!uardin! of forests and wild life Prote$tion of monuments and %la$es and ob5e$ts of national im%ortan$e Se%aration of 5udi$iary from ee$uti&e Promotion of international %ea$e and se$urity
PART ART I+A
FUNDA NDAMENT ENTAL DUTI UTIES
3"
3/ 3/A "0 "1 "2 "3 "3A "" "( "+
"". ".A "/
(1A
Fundamental duties
PART +
THE UNION
CHAPTER I
THE E,ECUTI+E
Te Presi%ent an% +ice-Presi%ent (2 (3
The President of India e$uti&e %ower of the Union
(" (( (+ ((. (/ +0 +1 +2
+3 +" +(
++ ++.
+/ -0 -1 -2
-3
le$tion of President 7anner of ele$tion of President Term of offi$e of President li!ibility for re8ele$tion 9ualifi$ations for ele$tion as President )onditions of President:s offi$e 6ath or affirmation by the President Pro$edure for im%ea$hment of the President Time of holdin! ele$tion to fill &a$an$y in the offi$e of President and the term of offi$e of %erson ele$ted to fill $asual &a$an$y The 4i$e8President of India The 4i$e8President to be ex-off ex-offici icio o )hairman of the )oun$il of States The 4i$e8President to a$t as President or to dis$har!e his fun$tions durin! $asual &a$an$ies in the offi$e, or durin! the absen$e, of President le$tion of 4i$e8President Term of offi$e of 4i$e8President Time of holdin! ele$tion to fill &a$an$y in the offi$e of 4i$e 4i$e8P 8Pre resi side dent nt and and the the term term of offi offi$ $e of %ers %erso on ele$ted to fill $asual &a$an$y 6ath or affirmation by the 4i$e8President is$har!e of President:s fun$tions in other $ontin!en$ies 7atters relatin! to, or $onne$ted with, the ele$tion of a President or 4i$e8President Power of President to !rant %ardons, etc , and to sus% sus%en end, d, remi remitt or $omm $ommut ute e sent senten en$e $es s in $erta $ertain in $ases tent of ee$uti&e %ower of the Union Co#ncil o! Ministers
-" -(
)oun$il of 7inisters to aid and ad&ise President 6ther %ro&isions as to 7inisters Te Attorne$-General !or In%ia
-+
Attorney8;eneral for India Con%#ct o! Go)ern&ent .#siness
--.
)ondu$t of business of the ;o&ernment of India uties of Pr Prime 7inister as as res%e$ts the furnishin! of information to the President, etc
CHAPTER II
PARLIAMENT General
-/ .0 .1 .2 .3 ." .( .+ ...
)onstitution of Parliament )om%osition of the )oun$il of States )om%osition of the
./ /0 /1
/2
/3 /" /(
/+
/-
/.
The )hairman and e%uty )hairman of the )oun$il of States 4a$ation and resi!nation of, and remo&al from, the offi$e of e%uty )hairman Power of the e%uty )hairman or other %e %erson to %erf %erfor orm m the the duti dutie es of the the offi$ ffi$e e of, of, or to a$t as, )hairman The )h )hairman or or th the e e%uty )h )hairman no not to to %reside while a resolution for his remo&al from offi$e is under $onsideration The S% S%eaer an and e e%uty S% S%eaer of of th the
// 100
6ath or affirmation by members 4otin! in
to
a$t
Dis"#ali!ications o! Me&/ers 101 102 103 10"
4a$ation of seats is'ualifi$ations for membershi% e$ision on 'uestions as to dis'ualifi$ations of members Penalty for sittin! and &otin! before main! oath or affirmation under arti$le // or when not 'ualified or when dis'ualified Po*ers0 Pri)ileges an% I&&#nities o! Parlia&ent an% its Me&/ers
10( 10+
Powers, %ri&ile!es, etc Salaries and allowan$es of members Legislati)e Proce%#re
1010. 10/ 110 111
Pro&isions as to introdu$tion and %assin! of ills =oint sittin! of both
7oney ill> Assent to ills Proce%#res in Financial Matters
112 113 11" 11( 11+ 11-
Annual finan$ial statement Pro$edure in Parliament with res%e$t to estimates A%%ro%riation ills Su%%lementary, additional or e$ess !rants 4otes on a$$ount, &otes of $redit and e$e%tional !rants S%e$ial %ro&isions as to finan$ial ills Proce%#re Generall$
11. 11/ 120 121 122
Rules of %ro$edure Re!ulation by law of %ro$edure in Parliament in relation to finan$ial business #an!ua!e to be used in Parliament Restri$tion on dis$ussion in Parliament )ourts not to in'uire into %ro$eedin!s of Parliament
CHAPTER III
LEGISLATI+E PO1ERS OF THE PRESIDENT
123
Power of President to %romul!ate 6rdinan$es durin! re$ess of Parliament
CHAPTER I+
THE UNION 2UDICIARY
12" 12( 12+ 1212.
stablishment and )onstitution of Su%reme )ourt Salaries, etc , of =ud!es A%%ointment of a$tin! )hief =usti$e A%%ointment of ad hoc =ud!es Attendan$e of retired =ud!es at sittin!s of the Su%reme )ourt Su%reme )ourt to be a $ourt of re$ord Seat of Su%reme )ourt 6ri!inal 5urisdi$tion of the Su%reme )ourt Repealed A%%ellate 5urisdi$tion of Su%reme )ourt in a%%eals from
12/ 130 131 131A 132 133 13" 13"A 13( 13+ 1313. 13/ 13/A 1"0 1"1 1"2 1"3 1"" 1""A 1"( 1"+ 1"CHAPTER + 1". 1"/ 1(0
COMPTROLLER INDIA
AND AUDITOR-GENERAL
OF
)om%troller and Auditor8;eneral of India uties and %owers of the )om%troller and Auditor8 ;eneral Form of a$$ounts of the Union and of the States
1(1
Audit re%orts
PART +I
THE STATES
CHAPTER I
GENERAL
1(2 CHAPTER II
efinition THE E,ECUTI+E Te Go)ernor
1(3 1(" 1(( 1(+ 1(1(. 1(/ 1+0 1+1
1+2
;o&ernors of States e$uti&e %ower of State A%%ointment of ;o&ernor Term of offi$e of ;o&ernor 9ualifi$ations for a%%ointment as ;o&ernor )onditions of ;o&ernor:s offi$e 6ath or affirmation by ;o&ernor is$har!e of the fun$tions of the ;o&ernor in $ertain $ontin!en$ies Power of ;o&ernor to !rant %ardons, etc , and to sus%end, remit or $ommute senten$es in $ertain $ases tent of ee$uti&e %ower of State Co#ncil o! Ministers
1+3 1+"
)oun$il of 7inisters to aid and ad&ise ;o&ernor 6ther %ro&isions as to 7inisters Te A%)ocate-General !or te State
1+(
Ad&o$ate8;eneral for the State Con%#ct o! Go)ern&ent .#siness
1++ 1+-
)ondu$t of business of the ;o&ernment of a State uties of )hief 7inister as res%e$ts the furnishin! of information to ;o&ernor, et$ Indi&idual offi$ers
CHAPTER III
THE STATE LEGISLATURE
General 1+. 1+/ 1-0 1-1
)onstitution of #e!islatures in States Abolition or $reation of #e!islati&e )oun$ils in States )om%osition of the #e!islati&e Assemblies )om%osition of the #e!islati&e )oun$ils
1-2 1-3 1-" 1-( 1-+ 1--
uration of State #e!islatures 9ualifi$ation for membershi% of the State #e!islature Sessions of the State #e!islature, %roro!ation and dissolution Ri!ht of ;o&ernor to address and send messa!es to the
1-. 1-/ 1.0
1.1
1.2 1.3 1."
1.(
1.+ 1.-
The S%eaer and e%uty S%eaer of the #e!islati&e Assembly 4a$ation and resi!nation of, and remo&al from, the offi$es of S%eaer and e%uty S%eaer Power of the e%uty S%eaer or other %erson to %erform the duties of the offi$e of, or to a$t as, S%eaer The S%eaer or the e%uty S%eaer not to %reside while a resolution for his remo&al from offi$e is under $onsideration The )hairman and e%uty )hairman of the #e!islati&e )oun$il 4a$ation and resi!nation of, and remo&al from, the offi$es of )hairman and e%uty )hairman Power of the e%uty )hairman or other %erson to %erform the duties of the offi$e of, or to a$t as, )hairman The )hairman or the e%uty )hairman not to %reside while a resolution for his remo&al from offi$e is under $onsideration Salaries and allowan$es of the S%eaer and e%uty S%eaer and the )hairman and e%uty )hairman Se$retariat of State #e!islature Con%#ct o! .#siness
1.. 1./
6ath or affirmation by members 4otin! in
to
a$t
Dis"#ali!ications o! Me&/ers 1/0 1/1 1/2 1/3
4a$ation of seats is'ualifi$ations for membershi% e$ision on 'uestions as to dis'ualifi$ations of members Penalty for sittin! and &otin! before main! oath or affirmation under arti$le 1.. or when not 'ualified or when dis'ualified
Po*ers0 Pri)ileges an% I&&#nities Legislat#res an% teir Me&/ers 1/" 1/(
o!
State
Powers, %ri&ile!es, etc , of the
1/+ 1/1/. 1// 200
Pro&isions as to introdu$tion and %assin! of ills Restri$tion on %owers of #e!islati&e )oun$il as to ills other than 7oney ills S%e$ial %ro$edure in res%e$t of 7oney ills efinition of >7oney ills> Assent to ills Go)ernor3s assent to .ills
201
ills reser&ed for $onsideration Proce%#re in Financial Matters
202 203 20" 20( 20+ 20-
Annual finan$ial statement Pro$edure in #e!islature with res%e$t to estimates A%%ro%riation ills Su%%lementary, additional or e$ess !rants 4otes on a$$ount, &otes of $redit and e$e%tional !rants S%e$ial %ro&isions as to finan$ial ills Proce%#re Generall$
20. 20/ 210 211 212
Rules of %ro$edure Re!ulation by law of %ro$edure in the #e!islature of the State in relation to finan$ial business #an!ua!e to be used in the #e!islature Restri$tion on dis$ussion in the #e!islature )ourts not to in'uire into %ro$eedin!s of the #e!islature
CHAPTER I+
LEGISLATI+E PO1ER OF THE GO+ERNOR
213
Power of ;o&ernor to %romul!ate 6rdinan$es durin! re$ess of #e!islature THE HIGH COURTS IN THE STATES
CHAPTER + 21" 21( 21+
2121. 21/ 220 221 222 223 22" 22"A 22( 22+
A%%ointment and $onditions of the offi$e of a =ud!e of a
22+A 2222. 22.A 22/ 230 231
Re%ealed Power of su%erintenden$e o&er all $ourts by the
CHAPTER +I
SU.ORDINATE COURTS
233 233A
A%%ointment of distri$t 5ud!es 4alidation of a%%ointments of, and 5ud!ments, etc , deli&ered by, $ertain distri$t 5ud!es Re$ruitment of %ersons other than distri$t 5ud!es to the 5udi$ial ser&i$e )ontrol o&er subordinate $ourts Inter%retation A%%li$ation of the %ro&isions of this )ha%ter to $ertain $lass or $lasses of ma!istrates
23" 23( 23+ 23-
PART +II
Re(eale%
PART +III
THE UNION TERRITORIES
23/ 23/A
Administration of Union territories )reation of lo$al #e!islatures or )oun$il of 7inisters or both for $ertain Union territories S%e$ial %ro&isions with res%e$t to elhi
23/AA
23/A
2"1 2"2
Pro&isions in $ase of failure of $onstitutional ma$hinery Power of administrator to %romul!ate 6rdinan$es durin! re$ess of #e!islature Power of President to mae re!ulations for $ertain Union territories
PART I,
THE PANCHAYATS
2"3 2"3A 2"3 2"3) 2"3 2"3 2"3F 2"3; 2"3<
efinitions ;ram Sabha )onstitution of Pan$hayats )om%osition of Pan$hayats Reser&ation of seats uration of Pan$hayats, etc is'ualifi$ations for membershi% Powers, authority and res%onsibilities of Pan$hayats Powers to im%ose taes by, and funds of, the Pan$hayats )onstitution of finan$e )ommissions to re&iew finan$ial %osition Audit of a$$ounts of Pan$hayats le$tions to the Pan$hayats A%%li$ation to Union territories Part not to a%%ly to $ertain areas )ontinuan$e of eistin! laws and Pan$hayats ar to interferen$e by $ourts in ele$toral matters
23/ 2"0
2"3I 2"3= 2"3? 2"3# 2"37 2"3N 2"36
Election (rocess 4Gra& Panca$ats5 PART I@ A
THE MUNICIPALITIES
2"3P 2"39 2"3R 2"3S
efinitions )onstitution of 7uni$i%alities )om%osition of 7uni$i%alities )onstitution and $om%osition of wards )ommittees, etc Reser&ation of seats uration of 7uni$i%alities, etc is'ualifi$ations for membershi% Powers, authority and res%onsibilities of 7uni$i%alities, etc Power to im%ose taes by, and funds, of, the 7uni$i%alities Finan$e )ommission Audit of a$$ounts of 7uni$i%alities le$tions to the 7uni$i%alities A%%li$ation to Union territories Part not to a%%ly to $ertain areas
2"3T 2"3U 2"34 2"3 2"3@ 2"3B 2"3C 2"3CA 2"3C 2"3C)
2"3C 2"3C 2"3CF 2"3C;
)ommittee for distri$t %lannin! )ommittee for 7etro%olitan Plannin! )ontinuan$e of eistin! laws and 7uni$i%alities ar to interferen$e by $ourts in ele$toral matters
PART ,
THE SCHEDULED AND TRI.AL AREAS
2"" 2""A
Administration of S$heduled Areas and Tribal Areas Formation of an autonomous State $om%risin! $ertain tribal areas in Assam and $reation of lo$al #e!islature or )oun$il of 7inisters or both therefore
PART ,I
RELATIONS .ET1EEN THE STATES
CHAPTER I
LEGISLATI+E RELATIONS
2"( 2"+ 2"2". 2"/ 2(0
2(1
2(2
2(3 2(" 2((
CHAPTER II
UNION
Distri/#tion o! Legislati)e Po*ers tent of laws made by Parliament and by the #e!islatures of States Sub5e$t8matter of laws made by Parliament and by the #e!islatures of States Power of Parliament to %ro&ide for the establishment of $ertain additional $ourts Residuary %owers of le!islation Power of Parliament to le!islate with res%e$t to a matter in the State #ist in the national interest Power of Parliament to le!islate with res%e$t to any matter in the State #ist if a Pro$lamation of mer!en$y is in o%eration In$onsisten$y between laws made by Parliament under arti$les 2"/ and 2(0 and laws made by the #e!islatures of States Power of Parliament to le!islate for two or more States by $onsent and ado%tion of su$h le!islation by any other State #e!islation for !i&in! effe$t to international a!reements In$onsisten$y between laws made by Parliament and laws made by the #e!islatures of States Re'uirements as to re$ommendations and %re&ious san$tions to be re!arded as matters of %ro$edure only ADMINISTRATI+E RELATIONS
General 2(+
AND THE
6bli!ation of States and the Union
2(2(-A 2(. 2(.A 2(/ 2+0 2+1
)ontrol of the Union o&er States in $ertain $ases Re%ealed Power of the Union to $onfer %owers, et$, on States in $ertain $ases Power of the States to entrust fun$tions to the Union Re%ealed =urisdi$tion of the Union in relation to territories outside India Publi$ a$ts, re$ords and 5udi$ial %ro$eedin!s Dis(#tes relating to 1aters
2+2
Ad5udi$ation of dis%utes relatin! to waters of inter8 State ri&ers or ri&er &alleys Co-or%ination /et*een States
2+3
Pro&isions with res%e$t to an inter8State )oun$il
PART ,II
FINANCE0 PROPERTY0 CONTRACTS AND SUITS
CHAPTER I
FINANCE
General 2+" 2+(
Inter%retation Taes not to be im%osed sa&e by authority of law Fee
2++ 2+-
)onsolidated Funds and %ubli$ a$$ounts of India and of the States )ontin!en$y Fund Distri/#tion o! Re)en#es /et*een te Union an% te States
2+. 2+/ 2-0 2-1 2-2
2-3
uties le&ied by the Union but $olle$ted and a%%ro%riated by the States Taes le&ied and $olle$ted by the Union but assi!ned to the States Taes le&ied and distributed between the Union and the States Sur$har!e on $ertain duties and taes for %ur%oses of the Union Taes whi$h are le&ied and $olle$ted by the Union and may be distributed between the Union and the States ;rants in lieu of e%ort duty on 5ute and 5ute %rodu$ts
2-" 2-( 2-+ 2-2-. 2-/ 2.0 2.1
Prior re$ommendation of President re'uired to ills affe$tin! taation in whi$h States are interested ;rants from the Union to $ertain States Taes on %rofessions, trades, $allin!s and em%loyments Sa&in!s Repealed )al$ulation of >net %ro$eeds>, etc Finan$e )ommission Re$ommendations of the Finan$e )ommission Miscellaneo#s Financial Pro)isions
2.2 2.3 2." 2.( 2.+ 2.2.. 2./ 2/0 2/0A 2/1 CHAPTER II 2/2 2/3
%enditure defrayable by the Union or a State out of its re&enues )ustody, etc of )onsolidated Funds, )ontin!en$y Funds and moneys $redited to the %ubli$ a$$ounts )ustody of suitors: de%osits and other moneys re$ei&ed by %ubli$ ser&ants and $ourts em%tion of %ro%erty of the Union from State taation Restri$tions as to im%osition of ta on the sale or %ur$hase of !oods em%tion from taes on ele$tri$ity em%tion from taation by States in res%e$t of water or ele$tri$ity in $ertain $ases em%tion of %ro%erty and in$ome of a State from Union taation Ad5ustment in res%e$t of $ertain e%enses and %ensions Annual %ayment to $ertain e&aswom Funds Repealed .ORRO1ING
orrowin! by the ;o&ernment of India orrowin! by States
CHAPTER III
PROPERTY0 CONTRACTS0 RIGHTS0 LIA.ILITIES0 O.LIGATIONS AND SUITS
2/"
Su$$ession to %ro%erty, assets, ri!hts, liabilities and obli!ations in $ertain $ases Su$$ession to %ro%erty, assets, ri!hts, liabilities and obli!ations in other $ases Pro%erty a$$ruin! by es$heat or la%se or as bona vacantia Thin!s of &alue within territorial waters or $ontinental shelf and resour$es of the e$lusi&e e$onomi$ *one to &est in the Union
2/( 2/+ 2/-
2/. 2// 300 CHAPTER I+ 300A
Power to $arry on trade, etc )ontra$ts Suits and %ro$eedin!s RIGHT TO PROPERTY
Persons not to be de%ri&ed of %ro%erty sa&e by authority of law
PART ,III
TRADE0 COMMERCE AND INTERCOURSE 1ITHIN THE TERRITORY OF INDIA
301 302
Freedom of trade, $ommer$e and inter$ourse Power of Parliament to im%ose restri$tions on trade, $ommer$e and inter$ourse Restri$tions on the le!islati&e %owers of the Union and of the States with re!ard to trade and $ommer$e Restri$tions on trade, $ommer$e and inter$ourse amon! States
303 30"
Reg#lation an% Proi/ition &#st /e %isting#ise% !ro& eac oter 30( 30+ 30-
Sa&in! of eistin! laws and laws %ro&idin! for State mono%olies Repealed A%%ointment of authority for $arryin! out the %ur%oses of arti$les 301 to 30"
PART ,I+
SER+ICES UNDER THE UNION AND THE STATES
CHAPTER I
SER+ICES
30. 30/
Inter%retation Re$ruitment and $onditions of ser&i$e of %ersons ser&in! the Union or a State Tenure of offi$e of %ersons ser&in! the Union or a State ismissal, remo&al or redu$tion in ran of %ersons em%loyed in $i&il $a%a$ities under the Union or a State All8India Ser&i$es Power of Parliament to &ary or re&oe $onditions of ser&i$e of offi$ers of $ertain ser&i$es Transitional %ro&isions Repealed
310 311
312 312A 313 678
CHAPTER II
PU.LIC SER+ICE COMMISSION
31(
Publi$ Ser&i$e )ommissions for the Union and for the States A%%ointment and term of offi$e of members Remo&al and sus%ension of a member of a Publi$ Ser&i$e )ommission Power to mae re!ulations as to $onditions of ser&i$e of members and staff of the )ommission Prohibition as to the holdin! of offi$es by members of )ommission on $easin! to be su$h members Fun$tions of Publi$ Ser&i$e )ommissions Power to etend fun$tions of Publi$ Ser&i$e )ommissions %enses of Publi$ Ser&i$e )ommission Re%orts of Publi$ Ser&i$e )ommissions
31+ 3131. 31/ 320 321 322 323 PART ,I+A 323A 323
TRI.UNALS
Administrati&e tribunals Tribunals for other matters
PART ,+
ELECTIONS
32"
Su%erintenden$e, dire$tion and $ontrol of ele$tions to be &ested in an le$tion )ommission No %erson to be ineli!ible for in$lusion in, or to $laim to be in$luded in a s%e$ial, ele$toral roll on !rounds of reli!ion, ra$e, $aste or se le$tions to the
32(
32+
3232. 32/ 32/A PART ,+I
SPECIAL PRO+ISIONS RELATING TO CERTAIN CLASSES
330
Reser&ation of seats for S$heduled )astes and S$heduled Tribes in the
331 332
333 33" 33( 33+ 3333. 33/ 3"0 3"1 3"2
Re%resentation of the An!lo8Indian $ommunity in the #e!islati&e Assemblies of the States Reser&ation of seats and s%e$ial re%resentation to $ease after fifty years )laims of S$heduled )astes and S$heduled Tribes to ser&i$es and %osts S%e$ial %ro&ision for An!lo8Indian $ommunity in $ertain ser&i$es S%e$ial %ro&ision with res%e$t to edu$ational !rants for the benefit of An!lo8Indian $ommunity S%e$ial 6ffi$er for S$heduled )astes and S$heduled Tribes, etc )ontrol of the Union o&er the administration of S$heduled Areas and the welfare of S$heduled Tribes A%%ointment of a )ommission to in&esti!ate the $onditions of ba$ward $lasses S$heduled )astes S$heduled Tribes
PART ,+II OFFICIAL LANGUAGE CHAPTER I
LANGUAGE OF THE UNION
3"3 3""
6ffi$ial lan!ua!e of the Union )ommission and )ommittee of Parliament on offi$ial lan!ua!e
CHAPTER II
REGIONAL LANGUAGES
3"( 3"+
6ffi$ial lan!ua!e or lan!ua!es of a State 6ffi$ial lan!ua!e for $ommuni$ation between one State and another or between a State and the Union S%e$ial %ro&ision relatin! to lan!ua!e s%oen by a se$tion of the %o%ulation of a State
3"-
CHAPTER III
LANGUAGE OF THE SUPREME COURT0 HIGH COURTS0 ETC
3".
#an!ua!e to be used in the Su%reme )ourt and in the
3"/
CHAPTER I+
SPECIAL DIRECTI+ES
3(0
#an!ua!e to be used in re%resentations for redress of !rie&an$es Fa$ilities for instru$tion in mother8ton!ue at
3(0A
3(0 3(1
%rimary sta!e S%e$ial 6ffi$er for lin!uisti$ minorities ire$ti&e for de&elo%ment of the
PART ,+III
EMERGENCY PRO+ISIONS
3(2 3(3 3("
3(/A 3+0
Pro$lamation of mer!en$y ffe$t of Pro$lamation of mer!en$y A%%li$ation of %ro&isions relatin! to distribution of re&enues while a Pro$lamation of mer!en$y is in o%eration uty of the Union to %rote$t States a!ainst eternal a!!ression and internal disturban$e Pro&isions in $ase of failure of $onstitutional ma$hinery in State er$ise of le!islati&e %owers under Pro$lamation issued under arti$le 3(+ Sus%ension of %ro&isions of arti$le 1/ durin! emer!en$ies Sus%ension of the enfor$ement of the ri!hts $onferred by Part III durin! emer!en$ies Repealed Pro&isions as to finan$ial emer!en$y
PART ,I,
MISCELLANEOUS
3+1
3++ 3+-
Prote$tion of President and ;o&ernors and Ra5%ramuhs Prote$tion of %ubli$ation of %ro$eedin!s of Parliament and State #e!islature Repealed ar to interferen$e by $ourts in dis%utes arisin! out of $ertain treaties, a!reements, etc Re$o!nition !ranted to Rulers of Indian States to $ease and %ri&y %urses to be abolished S%e$ial %ro&isions as to ma5or %orts and aerodromes ffe$t of failure to $om%ly with, or to !i&e effe$t to, dire$tions !i&en by the Union efinitions Inter%retation
PART ,,
AMENDMENT OF THE CONSTITUTION
3+.
Power of Parliament to amend the )onstitution and %ro$edure therefor
PART ,,I
TEMPORARY0 TRANSITIONAL PRO+ISIONS
3(( 3(+ 3(3(. 3(/
3+1A 3+2 3+3 3+3A 3+" 3+(
3+/
AND
SPECIAL
Tem%orary %ower to Parliament to mae laws with
3-0 3-1 3-1A 3-1 3-1) 3-1 3-1 3-1F 3-1; 3-1< 3-18I 3-2 3-2A 3-3 3-"
3-( 3-+ 3-3-. 3-.A 3-/83/1 3/2 Part ,,II
3/3 3/" 3/"A 3/(
res%e$t to $ertain matters in the State #ist as if they were matters in the )on$urrent #ist Tem%orary %ro&isions with res%e$t to the State of =ammu and ?ashmir S%e$ial %ro&ision with res%e$t to the States of 7aharashtra and ;u5arat S%e$ial %ro&ision with res%e$t to the State of Na!aland S%e$ial %ro&ision with res%e$t to the State of Assam S%e$ial %ro&ision with res%e$t to the State of 7ani%ur S%e$ial %ro&isions with res%e$t to the State of Andhra Pradesh stablishment of )entral Uni&ersity in Andhra Pradesh S%e$ial %ro&isions with res%e$t to the State of Siim S%e$ial %ro&ision with res%e$t to the State of 7i*oram S%e$ial %ro&ision with res%e$t to the State of Aruna$hal Pradesh S%e$ial %ro&ision with res%e$t to the State of ;oa )ontinuan$e in for$e of eistin! laws and their ada%tation Power of the President to ada%t laws Power of President to mae order in res%e$t of %ersons under %re&enti&e detention in $ertain $ases Pro&isions as to =ud!es of the Federal )ourt and %ro$eedin!s %endin! in the Federal )ourt or before
FIRST S)<U# S)6N S)<U# T
THE CONSTITUTION OF INDIA Prea&/le , T< P6P# 6F INIA, ha&in! solemnly resol&ed to $onstitute India into a S64RI;N, S6)IA#IST, S)U#AR, 76)RATI), RPU#I) and to se$ure to all its $iti*ensD =USTI), so$ial, e$onomi$ and %oliti$alE #IRTB of thou!ht, e%ression, belief, faith and worshi%E 9UA#ITB of status and of o%%ortunityE and to %romote amon! them allE FRATRNITB assurin! the di!nity of the indi&idual and the unity and inte!rity of the NationE IN 6UR )6NSTITUNT ASS7#B this twenty8sith day of No&ember, 1/"/, do <RB A6PT, NA)T AN ;I4 T6 6URS#4S T
:9 A%&ission or esta/lis&ent o! ne* States G Parliament may by law admit into the Union, or establish, new States on su$h terms and $onditions, as it thins fit
69 For&ation o! ne* States an% alteration o! areas0 /o#n%aries or na&es o! e'isting States G Parliament may by lawG Ha form a new State by se%aration of territory from any State or by unitin! two or more States or %arts of States or by unitin! any territory to a %art of any StateE Hb in$rease the area of any StateE
H$ diminish the area of any StateE Hd alter the boundaries of any StateE He alter the name of any StateD Pro&ided that no ill for the %ur%ose shall be introdu$ed in either State> in$ludes a Union territory, but in the %ro&iso, >State> does not in$lude a Union territory E'(lanation II< The %ower $onferred on Parliament by $lause Ha in$ludes the %ower to form a new State or Union territory by unitin! a %art of any State or Union territory to any other State or Union territory
89 La*s &a%e #n%er articles : an% 6 to (ro)i%e !or te a&en%&ent o! te First an% te Fo#rt Sce%#les an% s#((le&ental0 inci%ental an% conse"#ential &atters < H1 Any law referred to in arti$le 2 or arti$le 3 shall $ontain su$h %ro&isions for the amendment of the First S$hedule and the Fourth S$hedule as may be ne$essary to !i&e effe$t to the %ro&isions of the law and may also $ontain su$h su%%lemental, in$idental and $onse'uential %ro&isions Hin$ludin! %ro&isions as to re%resentation in Parliament and in the #e!islature or #e!islatures of the State or States affe$ted by su$h law as Parliament may deem ne$essary H2 No su$h law as aforesaid shall be deemed to be an amendment of this )onstitution for the %ur%oses of arti$le 3+. PART II = CITIZENSHIP >9 Citi?ensi( at te co&&ence&ent o! te Constit#tion G At the $ommen$ement of this )onstitution e&ery %erson who has his domi$ile in the territory of India andG Ha who was born in the territory of IndiaE or Hb either of whose %arents was born in the territory of IndiaE or
H$ who has been ordinarily resident in the territory of India for not less than fi&e years %re$edin! su$h $ommen$ement, shall be a $iti*en of India @9 Rigts o! citi?ensi( o! certain (ersons *o a)e &igrate% to In%ia !ro& Pa;istan G Notwithstandin! anythin! in arti$le (, a %erson who has mi!rated to the territory of India from the territory now in$luded in Paistan shall be deemed to be a $iti*en of India at the $ommen$ement of this )onstitution ifG Ha he or either of his %arents or any of his !rand%arents was born in India as defined in the ;o&ernment of India A$t, 1/3( Has ori!inally ena$tedE and Hb
Hi in the $ase where su$h %erson has so mi!rated before the nineteenth day of =uly, 1/"., he has been ordinarily resident in the territory of India sin$e the date of his mi!ration, or Hii in the $ase where su$h %erson has so mi!rated on or after the nineteenth day of =uly, 1/"., he has been re!istered as a $iti*en of India by an offi$er a%%ointed in that behalf by the ;o&ernment of the ominion of India on an a%%li$ation made by him therefor to su$h offi$er before the $ommen$ement of this )onstitution in the form and manner %res$ribed by that ;o&ernmentD
Pro&ided that no %erson shall be so re!istered unless he has been resident in the territory of India for at least si months immediately %re$edin! the date of his a%%li$ation
9 Rigts o! citi?ensi( o! certain &igrants to Pa;istan G Notwithstandin! anythin! in arti$les ( and +, a %erson who has after the first day of 7ar$h, 1/"-, mi!rated from the territory of India to the territory now in$luded in Paistan shall not be deemed to be a $iti*en of IndiaD Pro&ided that nothin! in this arti$le shall a%%ly to a %erson who, after ha&in! so mi!rated to the territory now in$luded in Paistan, has returned to the territory of India under a %ermit for resettlement or %ermanent return issued by or under the authority of any law and e&ery su$h %erson shall for the %ur%oses of $lause Hb of arti$le + be deemed to ha&e mi!rated to the territory of India after the nineteenth day of =uly, 1/".
B9 Rigts o! citi?ensi( o! certain (ersons o! In%ian origin resi%ing o#tsi%e In%ia G
Notwithstandin! anythin! in arti$le (, any %erson who or either of whose %arents or any of whose !rand%arents was born in India as defined in the ;o&ernment of India A$t, 1/3( Has ori!inally ena$ted, and who is ordinarily residin! in any $ountry outside India as so defined shall be deemed to be a $iti*en of India if he has been re!istered as a $iti*en of India by the di%lomati$ or $onsular re%resentati&e of India in the $ountry where he is for the time bein! residin! on an a%%li$ation made by him therefor to su$h di%lomati$ or $onsular re%resentati&e, whether before or after the $ommen$ement of this )onstitution, in the form and manner %res$ribed by the ;o&ernment of the ominion of India or the ;o&ernment of India 9 Persons )ol#ntaril$ ac"#iring citi?ensi( o! a !oreign State not to /e citi?ens G No %erson shall be a $iti*en of India by &irtue of arti$le (, or be deemed to be a $iti*en of India by &irtue of arti$le + or arti$le ., if he has &oluntarily a$'uired the $iti*enshi% of any forei!n State
79 Contin#ance o! te rigts o! citi?ensi( G &ery %erson who is or is deemed to be a $iti*en of India under any of the fore!oin! %ro&isions of this Part shall, sub5e$t to the %ro&isions of any law that may be made by Parliament, $ontinue to be su$h $iti*en
779 Parlia&ent to reg#late te rigt o! citi?ensi( /$ la* G Nothin! in the fore!oin! %ro&isions of this Part shall dero!ate from the %ower of Parliament to mae any %ro&ision with res%e$t to the a$'uisition and termination of $iti*enshi% and all other matters relatin! to $iti*enshi%
PART III - FUNDAMENTAL RIGHTS General 7:9 De!inition G In this %art, unless the $ontet otherwise re'uires, >te State> in$ludes the ;o&ernment and Parliament of India and the ;o&ernment and the #e!islature of ea$h of the States and all lo$al or other authorities within the territory of India or under the $ontrol of the ;o&ernment of India
769 La*s inconsistent *it or in %erogation o! te !#n%a&ental rigts G
H1 All laws in for$e in the territory of India immediately before the $ommen$ement of this )onstitution, in so far as they are in$onsistent with the %ro&isions of this Part, shall, to the etent of su$h in$onsisten$y, be &oid H2 The State shall not mae any law, whi$h taes away or abrid!es the ri!hts $onferred by this Part and any law made in $ontra&ention of this $lause shall, to the etent of the $ontra&ention, be &oid H3 In this arti$le, unless the $ontet otherwise re'uires, G Ha >la*> in$ludes any 6rdinan$e, order, bye8law, rule, re!ulation, notifi$ation, $ustom or usa!e ha&in! in the territory of India the for$e of lawE Hb >la*s in !orce> in$ludes laws %assed or made by a #e!islature or other $om%etent authority in the territory of India before the $ommen$ement of this )onstitution and not %re&iously re%ealed, notwithstandin! that any su$h law or any %art thereof may not be then in o%eration either at all or in %arti$ular areas H" Nothin! in this arti$le shall a%%ly to any amendment of this )onstitution made under arti$le 3+. Rigt o! E"#alit$
789 E"#alit$ /e!ore la* G The State shall not deny to any %erson e'uality before the law or the e'ual %rote$tion of the laws within the territory of India
7>9 Proi/ition o! %iscri&ination on gro#n%s o! religion0 race0 caste0 se' or (lace o! /irt G H1 The State shall not dis$riminate a!ainst any $iti*en on !rounds only of reli!ion, ra$e, $aste, se, %la$e of birth or any of them H2 No $iti*en shall, on !rounds only of reli!ion, ra$e, $aste, se, %la$e of birth or any of them, be sub5e$t to any disability, liability, restri$tion or $ondition with re!ard toG Ha a$$ess to sho%s, %ubli$ restaurants, hotels and %la$es of %ubli$ entertainmentE or Hb the use of wells, tans, bathin! !hats, roads and %la$es of %ubli$ resort maintained wholly or %artly out of State funds or dedi$ated to the use of the !eneral %ubli$ H3 Nothin! in this arti$le shall %re&ent the State from main! any s%e$ial %ro&ision for women and $hildren
H" Nothin! in this arti$le or in $lause H2 of arti$le 2/ shall %re&ent the State from main! any s%e$ial %ro&ision for the ad&an$ement of any so$ially and edu$ationally ba$ward $lasses of $iti*ens or for the S$heduled )astes and the S$heduled Tribes
7@9 E"#alit$ o! o((ort#nit$ in &atters o! (#/lic e&(lo$&ent G H1 There shall be e'uality of o%%ortunity for all $iti*ens in matters relatin! to em%loyment or a%%ointment to any offi$e under the State H2 No $iti*en shall, on !rounds only of reli!ion, ra$e, $aste, se, des$ent, %la$e of birth, residen$e or any of them, be ineli!ible for, or dis$riminated a!ainst in res%e$t of, any em%loyment or offi$e under the State H3 Nothin! in this arti$le shall %re&ent Parliament from main! any law %res$ribin!, in re!ard to a $lass or $lasses of em%loyment or a%%ointment to an offi$e under the ;o&ernment of, or any lo$al or other authority within, a State or Union territory, any re'uirement as to residen$e within that State or Union territory %rior to su$h em%loyment or a%%ointment H" Nothin! in this arti$le shall %re&ent the State from main! any %ro&ision for the reser&ation of a%%ointments or %osts in fa&our of any ba$ward $lass of $iti*ens whi$h, in the o%inion of the State, is not ade'uately re%resented in the ser&i$es under the State H"A Nothin! in this arti$le shall %re&ent the State from main! any %ro&ision for reser&ation in matters of %romotion of any $lass or $lasses of %osts in the ser&i$es under the State in fa&our of S$heduled )astes and the S$heduled Tribes whi$h, in the o%inion of State are not ade'uately re%resented in the ser&i$es under the State H( Nothin! in this arti$le shall affe$t the o%eration of any law whi$h %ro&ides that the in$umbent of an offi$e in $onne$tion with the affairs of any reli!ious or denominational institution or any member of the !o&ernin! body thereof shall be a %erson %rofessin! a %arti$ular reli!ion or belon!in! to a %arti$ular denomination
79 A/olition o! #nto#ca/ilit$ G >Unto#ca/ilit$> is abolished and its %ra$ti$e in any form is forbidden The enfor$ement of any disability arisin! out of >Unto#ca/ilit$> shall be an offen$e %unishable in a$$ordan$e with law
7B9 A/olition o! titles G
H1 No title, not bein! a military or a$ademi$ distin$tion, shall be $onferred by the State H2 No $iti*en of India shall a$$e%t any title from any forei!n State H3 No %erson who is not a $iti*en of India shall, while he holds any offi$e of %rofit or trust under the State, a$$e%t without the $onsent of the President any title from any forei!n State H" No %erson holdin! any offi$e of %rofit or trust under the State shall, without the $onsent of the President, a$$e%t any %resent, emolument, or offi$e of any ind from or under any forei!n State Rigt to Free%o& 79 Protection o! certain rigts regar%ing !ree%o& o! s(eec0 etc 9 G H1 All $iti*ens shall ha&e the ri!htG Ha to freedom of s%ee$h and e%ressionE
Hb to assemble %ea$eably and without armsE H$ to form asso$iations or unionsE Hd to mo&e freely throu!hout the territory of IndiaE He to reside and settle in any %art of the territory of IndiaE and JJJ H! to %ra$tise any %rofession, or to $arry on any o$$u%ation, trade or business H2 Nothin! in sub8$lause Ha of $lause H1 shall affe$t the o%eration of any eistin! law, or %re&ent the State from main! any law, in so far as su$h law im%oses reasonable restri$tions on the eer$ise of the ri!ht $onferred by the said sub8$lause in the interests of the so&erei!nty and inte!rity of India, the se$urity of the State, friendly relations with Forei!n States, %ubli$ order, de$en$y or morality or in relation to $ontem%t of $ourt, defamation or in$itement to an offen$e H3 Nothin! in sub8$lause Hb of the said $lause shall affe$t the o%eration of any eistin! law in so far as it im%oses, or %re&ent the State from main! any law im%osin!, in the interests of the so&erei!nty and inte!rity of India or %ubli$ order, reasonable restri$tions on the eer$ise of the ri!ht $onferred by the said sub8 $lause H" Nothin! in sub8$lause H$ of the said $lause shall affe$t the o%eration of any eistin! law in so far as it im%oses, or %re&ent the State from main! any law im%osin!, in the interests of the so&erei!nty and inte!rity of India or %ubli$ order or morality, reasonable restri$tions on the eer$ise of the ri!ht $onferred by the said sub8$lause H( Nothin! in sub8$lauses Hd and He of the said $lause shall affe$t the o%eration of any eistin! law in so far as it im%oses, or %re&ent the State from main! any law im%osin!, reasonable restri$tions on the eer$ise of any of the ri!hts $onferred by the said sub8$lauses either in the interests of the !eneral %ubli$ or for the %rote$tion of the interests of any S$heduled Tribe H+ Nothin! in sub8$lause H! of the said $lause shall affe$t the o%eration of any eistin! law in so far as it im%oses, or %re&ent the State from main! any law im%osin!, in the interests of the !eneral %ubli$, reasonable restri$tions on the eer$ise of the ri!ht $onferred by the said sub8$lause, and, in %arti$ular, nothin! in the said sub8 $lause shall affe$t the o%eration of any eistin! law in so far as it relates to, or %re&ent the State from main! any law relatin! to,G Hi the %rofessional or te$hni$al 'ualifi$ations ne$essary for %ra$tisin! any %rofession or $arryin! on any o$$u%ation, trade or business, or
Hii the $arryin! on by the State, or by a $or%oration owned or $ontrolled by the State, of any trade, business, industry or ser&i$e, whether to the e$lusion, $om%lete or %artial, of $iti*ens or otherwise
:9 Protection in res(ect o! con)iction !or o!!ences G H1 No %erson shall be $on&i$ted of any offen$e e$e%t for &iolation of the law in for$e at the time of the $ommission of the a$t $har!ed as an offen$e, nor be sub5e$ted to a %enalty !reater than that whi$h mi!ht ha&e been infli$ted under the law in for$e at the time of the $ommission of the offen$e H2 No %erson shall be %rose$uted and %unished for the same offen$e more than on$e H3 No %erson a$$used of any offen$e shall be $om%elled to be a witness a!ainst himself
:79 Protection o! li!e an% (ersonal li/ert$ < No %erson shall be de%ri&ed of his life or %ersonal liberty e$e%t a$$ordin! to %ro$edure established by law
::9 Protection against arrest an% %etention in certain cases G H1 No %erson who is arrested shall be detained in $ustody without bein! informed, as soon as may be, of the !rounds for su$h arrest nor shall he be denied the ri!ht to $onsult, and to be defended by, a le!al %ra$titioner of his $hoi$e H2 &ery %erson who is arrested and detained in $ustody shall be %rodu$ed before the nearest ma!istrate within a %eriod of twenty8 four hours of su$h arrest e$ludin! the time ne$essary for the 5ourney from the %la$e of arrest to the $ourt of the ma!istrate and no su$h %erson shall be detained in $ustody beyond the said %eriod without the authority of a ma!istrate H3 Nothin! in $lauses H1 and H2 shall a%%lyG Ha to any %erson who for the time bein! is an enemy alienE or Hb to any %erson who is arrested or detained under any law %ro&idin! for %re&enti&e detention H" No law %ro&idin! for %re&enti&e detention shall authorise the detention of a %erson for a lon!er %eriod than three months unless G Ha an Ad&isory oard $onsistin! of %ersons who are, or ha&e been, or are 'ualified to be a%%ointed as, =ud!es of a
Pro&ided that nothin! in this sub8$lause shall authorise the detention of any %erson beyond the maimum %eriod %res$ribed by any law made by Parliament under sub8$lause Hb of $lause H-E or Hb su$h %erson is detained in a$$ordan$e with the %ro&ision of any law made by Parliament under sub8$lauses Ha and Hb of $lause H- H( hen any %erson is detained in %ursuan$e of an order made under any law %ro&idin! for %re&enti&e detention, the authority main! the order shall, as soon as may be, $ommuni$ate to su$h %erson the !rounds on whi$h the order has been made and shall afford him the earliest o%%ortunity of main! a re%resentation a!ainst the order H+ Nothin! in $lause H( shall re'uire the authority main! any su$h order as is referred to in that $lause to dis$lose fa$ts whi$h su$h authority $onsiders to be a!ainst the %ubli$ interest to dis$lose H- Parliament may by law %res$ribeG Ha the $ir$umstan$es under whi$h, and the $lass or $lasses of $ases in whi$h, a %erson may be detained for a %eriod lon!er than three months under any law %ro&idin! for %re&enti&e detention without obtainin! the o%inion of an Ad&isory oard in a$$ordan$e with the %ro&isions of sub8$lause Ha of $lause H"E Hb the maimum %eriod for whi$h any %erson may in any $lass or $lasses of $ases be detained under any law %ro&idin! for %re&enti&e detentionE and H$ the %ro$edure to be followed by an Ad&isory oard in an in'uiry under sub8$lause Ha of $lause H" Rigt against E'(loitation :69 Proi/ition o! tra!!ic in #&an /eings an% !orce% la/o#r G H1 Traffi$ in human bein!s and be!!ar and other similar forms of for$ed labour are %rohibited and any $ontra&ention of this %ro&ision shall be an offen$e %unishable in a$$ordan$e with law H2 Nothin! in this arti$le shall %re&ent the State from im%osin! $om%ulsory ser&i$e for %ubli$ %ur%oses, and in im%osin! su$h ser&i$e the State shall not mae any dis$rimination on !rounds only of reli!ion, ra$e, $aste or $lass or any of them
:89 Proi/ition o! e&(lo$&ent o! cil%ren in !actories0 etc G
No $hild below the a!e of fourteen years shall be em%loyed to wor in any fa$tory or mine or en!a!ed in any other ha*ardous em%loyment
Rigt to Free%o& o! Religion :>9 Free%o& o! conscience an% !ree (ro!ession0 (ractice an% (ro(agation o! religion G H1 Sub5e$t to %ubli$ order, morality and health and to the other %ro&isions of this Part, all %ersons are e'ually entitled to freedom of $ons$ien$e and the ri!ht freely to %rofess, %ra$tise and %ro%a!ate reli!ion H2 Nothin! in this arti$le shall affe$t the o%eration of any eistin! law or %re&ent the State from main! any lawG Ha re!ulatin! or restri$tin! any e$onomi$, finan$ial, %oliti$al or other se$ular a$ti&ity whi$h may be asso$iated with reli!ious %ra$ti$eE Hb %ro&idin! for so$ial welfare and reform or the throwin! o%en of
:@9 Free%o& to &anage religio#s a!!airs G Sub5e$t to %ubli$ order, morality and health, e&ery reli!ious denomination or any se$tion thereof shall ha&e the ri!htG Ha to establish and maintain institutions for reli!ious and $haritable %ur%osesE Hb to mana!e its own affairs in matters of reli!ionE H$ to own and a$'uire mo&able and immo&able %ro%ertyE and Hd to administer su$h %ro%erty in a$$ordan$e with law
:9 Free%o& as to (a$&ent o! ta'es !or (ro&otion o! an$ (artic#lar religion G No %erson shall be $om%elled to %ay any taes, the %ro$eeds of whi$h are s%e$ifi$ally a%%ro%riated in %ayment of e%enses for the %romotion or maintenan$e of any %arti$ular reli!ion or reli!ious denomination
:B9 Free%o& as to atten%ance at religio#s instr#ction or religio#s *orsi( in certain e%#cational instit#tions G H1 No reli!ious instru$tion shall be %ro&ided in any edu$ational institution wholly maintained out of State funds H2 Nothin! in $lause H1 shall a%%ly to an edu$ational institution whi$h is administered by the State but has been established under any endowment or trust whi$h re'uires that reli!ious instru$tion shall be im%arted in su$h institution H3 No %erson attendin! any edu$ational institution re$o!nised by the State or re$ei&in! aid out of State funds shall be re'uired to tae %art in any reli!ious instru$tion that may be im%arted in su$h institution or to attend any reli!ious worshi% that may be $ondu$ted in su$h institution or in any %remises atta$hed thereto unless su$h %erson or, if su$h %erson is a minor, his !uardian has !i&en his $onsent thereto C#lt#ral an% E%#cational Rigts
:9 Protection o! interests o! &inorities G H1 Any se$tion of the $iti*ens residin! in the territory of India or any %art thereof ha&in! a distin$t lan!ua!e, s$ri%t or $ulture of its own shall ha&e the ri!ht to $onser&e the same H2 No $iti*en shall be denied admission into any edu$ational institution maintained by the State or re$ei&in! aid out of State funds on !rounds only of reli!ion, ra$e, $aste, lan!ua!e or any of them
69 Rigt o! &inorities to esta/lis an% a%&inister e%#cational instit#tions G H1 All minorities, whether based on reli!ion or lan!ua!e, shall ha&e the ri!ht to establish and administer edu$ational institutions of their $hoi$e H1A In main! any law %ro&idin! for the $om%ulsory a$'uisition of any %ro%erty of an edu$ational institution established and administered by a minority, referred to in $lause H1, the State shall ensure that the amount fied by or determined under su$h law for the a$'uisition of su$h %ro%erty is su$h as would not restri$t or abro!ate the ri!ht !uaranteed under that $lause H2 The state shall not, in !rantin! aid to edu$ational institutions, dis$riminate a!ainst any edu$ational institution on the !round that
it is under the mana!ement of a minority, whether based on reli!ion or lan!ua!e JJJ
679 Co&(#lsor$ ac"#isition o! (ro(ert$ G Rep. by the Constitution ('orty-fourth Amendment) Act, 1!, sec. % (#.e.f. $-%-1!).
Sa)ing o! certain La*s
67A9 Sa)ing o! la*s (ro)i%ing !or ac"#isition o! estates0 etc9< H1 Notwithstandin! anythin! $ontained in arti$le 13, no law %ro&idin! forG Ha the a$'uisition by the State of any estate or of any ri!hts therein or the etin!uishment or modifi$ation of any su$h ri!hts, or Hb the tain! o&er of the mana!ement of any %ro%erty by the State for a limited %eriod either in the %ubli$ interest or in order to se$ure the %ro%er mana!ement of the %ro%erty, or H$ the amal!amation of two or more $or%orations either in the %ubli$ interest or in order to se$ure the %ro%er mana!ement of any of the $or%orations, or Hd the etin!uishment or modifi$ation of any ri!hts of mana!in! a!ents, se$retaries and treasurers, mana!in! dire$tors, dire$tors or mana!ers of $or%orations, or of any &otin! ri!hts of shareholders thereof, or He the etin!uishment or modifi$ation of any ri!hts a$$ruin! by &irtue of any a!reement, lease or li$en$e for the %ur%ose of sear$hin! for, or winnin!, any mineral or mineral oil, or the %remature termination or $an$ellation of any su$h a!reement, lease or li$en$e, shall be deemed to be &oid on the !round that it is in$onsistent with, or taes away or abrid!es any of the ri!hts $onferred by arti$le 1" or arti$le 1/D Pro&ided that where su$h law is a law made by the #e!islature of a State, the %ro&isions of this arti$le shall not a%%ly thereto unless su$h law, ha&in! been reser&ed for the $onsideration of the President, has re$ei&ed his assentD Pro&ided further that where any law maes any %ro&ision for the a$'uisition by the State of any estate and where any land $om%rised therein is held by a %erson under his %ersonal $ulti&ation, it shall not be lawful for the State to a$'uire any %ortion of su$h land as is within the $eilin! limit a%%li$able to him under any law for the time bein! in for$e or any buildin! or stru$ture standin! thereon or a%%urtenant thereto, unless the law relatin! to the a$'uisition of su$h land, buildin! or stru$ture, %ro&ides for
%ayment of $om%ensation at a rate whi$h shall not be less than the maret &alue thereof H2 In this arti$le,G Ha the e%ression >estate>, shall, in relation to any lo$al area, ha&e the same meanin! as that e%ression or its lo$al e'ui&alent has in the eistin! law relatin! to land tenures in for$e in that area and shall also in$ludeG Hi any *a+ir , inam or muafi or other similar !rant and in the States of Tamil Nadu and ?erala, any *anmam ri!htE Hii any land held under ryot#ary settlementE Hiii any land held or let for %ur%oses of a!ri$ulture or for %ur%oses an$illary thereto, in$ludin! waste land, forest land, land for %asture or sites of buildin!s and other stru$tures o$$u%ied by $ulti&ators of land, a!ri$ultural labourers and &illa!e artisansE Hb the e%ression >rigts>, in relation to an estate, shall in$lude any ri!hts &estin! in a %ro%rietor, sub8%ro%rietor, under8%ro%rietor, tenure8holder, raiyat , under-raiyat or other intermediary and any ri!hts or %ri&ile!es in res%e$t of land re&enue
67.9 +ali%ation o! certain Acts an% Reg#lations G ithout %re5udi$e to the !enerality of the %ro&isions $ontained in arti$le 31A, none of the A$ts and Re!ulations s%e$ified in the Ninth S$hedule nor any of the %ro&isions thereof shall be deemed to be &oid, or e&er to ha&e be$ome &oid, on the !round that su$h A$t, Re!ulation or %ro&ision is in$onsistent with, or taes away or abrid!es any of the ri!hts $onferred by any %ro&isions of this Part, and notwithstandin! any 5ud!ment, de$ree or order of any $ourt or tribunal to the $ontrary, ea$h of the said A$ts and Re!ulations shall, sub5e$t to the %ower of any $om%etent #e!islature to re%eal or amend it, $ontinue in for$e
67C9 Sa)ing o! la*s gi)ing e!!ect to certain %irecti)e (rinci(les G Notwithstandin! anythin! $ontained in arti$le 13, no law !i&in! effe$t to the %oli$y of the State towards se$urin! all or any of the %rin$i%les laid down in Part I4 shall be deemed to be &oid on the !round that it is in$onsistent with, or taes away or abrid!es any of the ri!hts $onferred by arti$le 1" or arti$le 1/ and no la# containin+ a declaration that it is for +ivin+ effect to such policy shall be called in uestion in any court on the +round that it does not +ive effect to such policy
Pro&ided that where su$h law is made by the #e!islature of a State, the %ro&isions of this arti$le shall not a%%ly thereto unless su$h law, ha&in! been reser&ed for the $onsideration of the President, has re$ei&ed his assent 67D9 Sa)ing o! la*s in res(ect o! anti-national acti)ities G Rep. by the Constitution ('orty-third Amendment) Act, 1!!, section $ (#.e.f. 1.&.1!). Rigt to Constit#tional Re&e%ies 6:9 Re&e%ies !or en!orce&ent o! rigts con!erre% /$ tis Part G H1 The ri!ht to mo&e the Su%reme )ourt by a%%ro%riate %ro$eedin!s for the enfor$ement of the ri!hts $onferred by this Part is !uaranteed H2 The Su%reme )ourt shall ha&e %ower to issue dire$tions or orders or writs, in$ludin! writs in the nature of habeas corpus, mandamus, %rohibition, uo #arranto and certiorari, whi$he&er may be a%%ro%riate, for the enfor$ement of any of the ri!hts $onferred by this Part H3 ithout %re5udi$e to the %owers $onferred on the Su%reme )ourt by $lauses H1 and H2, Parliament may by law em%ower any other $ourt to eer$ise within the lo$al limits of its 5urisdi$tion all or any of the %owers eer$isable by the Su%reme )ourt under $lause H2 H" The ri!ht !uaranteed by this arti$le shall not be sus%ended e$e%t as otherwise %ro&ided for by this )onstitution
6:A9 Constit#tional )ali%it$ o! State la*s not to /e consi%ere% in (rocee%ings #n%er article 6: G Rep. by the Constitution ('orty-third Amendment) Act, 1!!, sec. (#.e.f. 1-&-1!).
669 Po*er o! Parlia&ent to &o%i!$ te rigts con!erre% /$ tis Part in teir a((lication to !orces0 etc G Parliament may, by law, determine to what etent any of the ri!hts $onferred by this Part shall, in their a%%li$ation to, G Ha the members of the Armed For$esE or Hb the members of the For$es $har!ed with the maintenan$e of %ubli$ orderE or
H$ %ersons em%loyed in any bureau or other or!anisation established by the State for %ur%oses of intelli!en$e or $ounter intelli!en$eE or Hd %ersons em%loyed in, or in $onne$tion with, the tele$ommuni$ation systems set u% for the %ur%oses of any For$e, bureau or or!anisation referred to in $lauses Ha to H$, be restri$ted or abro!ated so as to ensure the %ro%er dis$har!e of their duties and the maintenan$e of dis$i%line amon! them
689 Restriction on rigts con!erre% /$ tis Part *ile &artial la* is in !orce in an$ area G Notwithstandin! anythin! in the fore!oin! %ro&isions of this Part, Parliament may by law indemnify any %erson in the ser&i$e of the Union or of a State or any other %erson in res%e$t of any a$t done by him in $onne$tion with the maintenan$e or restoration of order in any area within the territory of India where martial law was in for$e or &alidate any senten$e %assed, %unishment infli$ted, forfeiture ordered or other a$t done under martial law in su$h area
6>9 Legislation to gi)e e!!ect to te (ro)isions o! tis Part G Notwithstandin! anythin! in this )onstitution,G Ha Parliament shall ha&e, and the #e!islature of a State shall not ha&e, %ower to mae lawsG Hi with res%e$t to any of the matters whi$h under $lause H3 of arti$le 1+, $lause H3 of arti$le 32, arti$le 33 and arti$le 3" may be %ro&ided for by law made by ParliamentE and Hii for %res$ribin! %unishment for those a$ts whi$h are de$lared to be offen$es under this PartE and Parliament shall, as soon as may be after the $ommen$ement of this )onstitution, mae laws for %res$ribin! %unishment for the a$ts referred to in sub8$lause HiiE Hb any law in for$e immediately before the $ommen$ement of this )onstitution in the territory of India with res%e$t to any of the matters referred to in sub8$lause Hi of $lause Ha or %ro&idin! for %unishment for any a$t referred to in sub8$lause Hii of that $lause shall, sub5e$t to the terms thereof and to any ada%tations and modifi$ations that may be made therein under arti$le 3-2, $ontinue in for$e until altered or re%ealed or amended by Parliament E'(lanation < In this arti$le, the e%ression >law in for$e> has the same meanin! as in arti$le 3-2 PART I+ - DIRECTI+E PRINCIPLES OF STATE POLICY 6@9 De!inition G In this Part, unless the $ontet otherwise re'uires, >te State> has the same meanin! as in Part III
69 A((lication o! te (rinci(les containe% in tis Part G The %ro&isions $ontained in this Part shall not be enfor$eable by any $ourt, but the %rin$i%les therein laid down are ne&ertheless fundamental in the !o&ernan$e of the $ountry and it shall be the duty of the State to a%%ly these %rin$i%les in main! laws
6B9 State to sec#re a social or%er !or te (ro&otion o! *el!are o! te (eo(le G H1 The State shall stri&e to %romote the welfare of the %eo%le by se$urin! and %rote$tin! as effe$ti&ely as it may a so$ial order in whi$h 5usti$e, so$ial, e$onomi$ and %oliti$al, shall inform all the institutions of the national life H2 The State shall, in %arti$ular, stri&e to minimise the ine'ualities in in$ome, and endea&our to eliminate ine'ualities in status, fa$ilities and o%%ortunities, not only amon!st indi&iduals but also amon!st !rou%s of %eo%le residin! in different areas or en!a!ed in different &o$ations
69 Certain (rinci(les o! (olic$ to /e !ollo*e% /$ te State G The State shall, in %arti$ular, dire$t its %oli$y towards se$urin!G Ha that the $iti*ens, men and women e'ually, ha&e the ri!ht to an ade'uate means to li&elihoodE Hb that the ownershi% and $ontrol of the material resour$es of the $ommunity are so distributed as best to subser&e the $ommon !oodE H$ that the o%eration of the e$onomi$ system does not result in the $on$entration of wealth and means of %rodu$tion to the $ommon detrimentE Hd that there is e'ual %ay for e'ual wor for both men and womenE He that the health and stren!th of worers, men and women, and the tender a!e of $hildren are not abused and that $iti*ens are not for$ed by e$onomi$ ne$essity to enter a&o$ations unsuited to their a!e or stren!thE Hf that $hildren are !i&en o%%ortunities and fa$ilities to de&elo% in a healthy manner and in $onditions of freedom and di!nity and that $hildhood and youth are %rote$ted a!ainst e%loitation and a!ainst moral and material abandonment 6A9 E"#al #stice an% !ree legal ai% G
The State shall se$ure that the o%eration of the le!al system %romotes 5usti$e, on a basis of e'ual o%%ortunity, and shall, in %arti$ular, %ro&ide free le!al aid, by suitable le!islation or s$hemes or in any other way, to ensure that o%%ortunities for se$urin! 5usti$e are not denied to any $iti*en by reason of e$onomi$ or other disabilities 89 Organisation o! )illage (anca$ats G The State shall tae ste%s to or!ani*e &illa!e %an$hayats and endow them with su$h %owers and authority as may be ne$essary to enable them to fun$tion as units of self8!o&ernment
879 Rigt to *or;0 to e%#cation an% to (#/lic assistance in certain cases < The State shall, within the limits of its e$onomi$ de&elo%ment, mae effe$ti&e %ro&ision for se$urin! wor, to edu$ation and to %ubli$ assistan$e unem%loyment, old a!e, si$ness and disablement, $ases of undeser&ed want
$a%a$ity and the ri!ht to in $ases of and in other
8:9 Pro)ision !or #st an% #&ane con%itions o! *or; an% &aternit$ relie! G The State shall mae %ro&ision for se$urin! 5ust and humane $onditions of wor and for maternity relief
869 Li)ing *age0 etc 90 !or *or;ers G The State shall endea&our to se$ure, by suitable le!islation or e$onomi$ or!anisation or in any other way, to all worers, a!ri$ultural, industrial or otherwise, wor, a li&in! wa!e, $onditions of wor ensurin! a de$ent standard of life and full en5oyment of leisure and so$ial and $ultural o%%ortunities and, in %arti$ular, the State shall endea&our to %romote $otta!e industries on an indi&idual or $o8o%erati&e basis in rural areas
86A9 Partici(ation o! *or;ers in &anage&ent o! in%#stries G The State shall tae ste%s, by suitable le!islation or in any other way, to se$ure the %arti$i%ation of worers in the mana!ement of undertain!s, establishments or other or!anisations en!a!ed in any industry
889 Uni!or& ci)il co%e !or te citi?ens G The State shall endea&our to se$ure for the $iti*ens a uniform $i&il $ode throu!hout the territory of India 8>9 Pro)ision !or !ree an% co&(#lsor$ e%#cation !or cil%ren G The State shall endea&our to %ro&ide, within a %eriod of ten years from the $ommen$ement of this )onstitution, for free and $om%ulsory edu$ation for all $hildren until they $om%lete the a!e of fourteen years 8@9 Pro&otion o! e%#cational an% econo&ic interests o! Sce%#le% Castes0 Sce%#le% Tri/es an% oter *ea;er sections G The State shall %romote with s%e$ial $are the edu$ational and e$onomi$ interests of the weaer se$tions of the %eo%le, and, in %arti$ular, of the S$heduled )astes and the S$heduled Tribes, and shall %rote$t them from so$ial in5usti$e and all forms of e%loitation
89 D#t$ o! te State to raise te le)el o! n#trition an% te stan%ar% o! li)ing an% to i&(ro)e (#/lic ealt G The State shall re!ard the raisin! of the le&el of nutrition and the standard of li&in! of its %eo%le and the im%ro&ement of %ubli$ health as amon! its %rimary duties and, in %arti$ular, the State shall endea&our to brin! about %rohibition of the $onsum%tion e$e%t for medi$inal %ur%oses of intoi$atin! drins and of dru!s whi$h are in5urious to health
8B9 Organisation o! agric#lt#re an% ani&al #s/an%r$ G The State shall endea&our to or!anise a!ri$ulture and animal husbandry on modern and s$ientifi$ lines and shall, in %arti$ular, tae ste%s for %reser&in! and im%ro&in! the breeds, and %rohibitin! the slau!hter of $ows and $al&es and other mil and drau!ht $attle
8BA9 Protection an% i&(ro)e&ent sa!eg#ar%ing o! !orests an% *il% li!e G
o!
en)iron&ent
an%
The State shall endea&our to %rote$t and im%ro&e the en&ironment and to safe!uard the forests and wild life of the $ountry
89 Protection o! &on#&ents an% (laces an% o/ects o! national i&(ortance G
It shall be the obli!ation of the State to %rote$t e&ery monument or %la$e or ob5e$t of artisti$ or histori$ interests, de$lared by or under law made by Parliament to be of national im%ortan$e, from s%oilation, disfi!urement, destru$tion, remo&al, dis%osal or e%ort, as the $ase may be
>9 Se(aration o! #%iciar$ !ro& e'ec#ti)e G The State shall tae ste%s to se%arate the 5udi$iary from the ee$uti&e in the %ubli$ ser&i$es of the State
>79 Pro&otion o! international (eace an% sec#rit$ G The State shall endea&our toG Ha %romote international %ea$e and se$urityE Hb maintain 5ust and honourable relations between nationsE H$ foster res%e$t for international law and treaty obli!ations in the dealin!s of or!anised %eo%les with one anotherE and Hd en$oura!e arbitration
settlement
of
international
dis%utes
by
@79 Proce%#re !or i&(eac&ent o! te Presi%ent < H1 hen a President is to be im%ea$hed for &iolation of the )onstitution, the $har!e shall be %referred by either
@:9 Ti&e o! ol%ing election to !ill )acanc$ in te o!!ice o! Presi%ent an% te ter& o! o!!ice o! (erson electe% to !ill cas#al )acanc$ G
H1 An ele$tion to fill a &a$an$y $aused by the e%iration of the term of offi$e of President shall be $om%leted before the e%iration of the term H2 An ele$tion to fill a &a$an$y in the offi$e of President o$$urrin! by reason of his death, resi!nation or remo&al, or otherwise shall be held as soon as %ossible after, and in no $ase later than si months from, the date of o$$urren$e of the &a$an$y, and the %erson ele$ted to fill the &a$an$y shall, sub5e$t to the %ro&isions of arti$le (+, be entitled to hold offi$e for the full term of fi&e years from the date on whi$h he enters u%on his offi$e
@69 Te +ice-Presi%ent o! In%ia G There shall be a 4i$e8President of India
@89 Te +ice-Presi%ent to /e ex officio Cair&an o! te Co#ncil o! States G The 4i$e8President shall be ex officio )hairman of the )oun$il of States and shall not hold any other offi$e of %rofitD Pro&ided that durin! any %eriod when the 4i$e8President a$ts as President or dis$har!es the fun$tions of the President under arti$le +(, he shall not %erform the duties of the offi$e of )hairman of the )oun$il of States and shall not be entitled to any salary or allowan$e %ayable to the )hairman of the )oun$il of States under arti$le /-
@>9 Te +ice-Presi%ent to act as Presi%ent or to %iscarge is !#nctions %#ring cas#al )acancies in te o!!ice0 or %#ring te a/sence0 o! Presi%ent G H1 In the e&ent of the o$$urren$e of any &a$an$y in the offi$e of the President by reason of his death, resi!nation or remo&al, or otherwise, the 4i$e8President shall a$t as President until the date on whi$h a new President ele$ted in a$$ordan$e with the %ro&isions of this )ha%ter to fill su$h &a$an$y enters u%on his offi$e H2 hen the President is unable to dis$har!e his fun$tions owin! to absen$e, illness or any other $ause, the 4i$e8President shall dis$har!e his fun$tions until the date on whi$h the President resumes his duties H3 The 4i$e8President shall, durin!, and in res%e$t of, the %eriod while he is so a$tin! as, or dis$har!in! the fun$tions of, President, ha&e all the %owers and immunities of the President and be entitled to su$h emoluments, allowan$es and %ri&ile!es as may be determined by Parliament by law and, until %ro&ision in that behalf
is so made, su$h emoluments, allowan$es and %ri&ile!es as are s%e$ified in the Se$ond S$hedule @@9 Election o! +ice-Presi%ent G H1 The 4i$e8President shall be ele$ted by the members of an ele$toral $olle!e $onsistin! of the members of both
@9 Ter& o! o!!ice o! +ice-Presi%ent G The 4i$e8President shall hold offi$e for a term of fi&e years from the date on whi$h he enters u%on his offi$eD Pro&ided thatG Ha a 4i$e8President may, by writin! under his hand addressed to the President, resi!n his offi$eE Hb a 4i$e8President may be remo&ed from his offi$e by a resolution of the )oun$il of States %assed by a ma5ority of all the then members of the )oun$il and a!reed to by the
shall be mo&ed unless at least fourteen days: noti$e has been !i&en of the intention to mo&e the resolutionE H$ a 4i$e8President shall, notwithstandin! the e%iration of his term, $ontinue to hold offi$e until his su$$essor enters u%on his offi$e @B9 Ti&e o! ol%ing election to !ill )acanc$ in te o!!ice o! +ice-Presi%ent an% te ter& o! o!!ice o! (erson electe% to !ill cas#al )acanc$ G H1 An ele$tion to fill a &a$an$y $aused by the e%iration of the term of offi$e of 4i$e8President shall be $om%leted before the e%iration of the term H2 An ele$tion to fill a &a$an$y in the offi$e of 4i$e8President o$$urrin! by reason of his death, resi!nation or remo&al, or otherwise shall be held as soon as %ossible after the o$$urren$e of the &a$an$y, and the %erson ele$ted to fill the &a$an$y shall, sub5e$t to the %ro&isions of arti$le +-, be entitled to hold offi$e for the full term of fi&e years from the date on whi$h he enters u%on his offi$e
@9 Oat or a!!ir&ation /$ te +ice-Presi%ent G &ery 4i$e8President shall, before enterin! u%on his offi$e, mae and subs$ribe before the President, or some %erson a%%ointed in that behalf by him, an oath or affirmation in the followin! form, that is to say >I, A, do that I will bear true faith, and alle!ian$e to the )onstitution of India as by law established and that I will faithfully dis$har!e the duty u%on whi$h I am about to enter>
9 Discarge o! Presi%ent3s !#nctions in oter contingencies G Parliament may mae su$h %ro&ision as it thins fit for the dis$har!e of the fun$tions of the President in any $ontin!en$y not %ro&ided for in this )ha%ter
79 Matters relating to0 or connecte% *it0 te election o! a Presi%ent or +ice-Presi%ent G H1 All doubts and dis%utes arisin! out of or in $onne$tion with the ele$tion of a President or 4i$e8President shall be in'uired into and de$ided by the Su%reme )ourt whose de$ision shall be final H2 If the ele$tion of a %erson as President or 4i$e8President is de$lared &oid by the Su%reme )ourt, a$ts done by him in the eer$ise and %erforman$e of the %owers and duties of the offi$e of
President or 4i$e8President, as the $ase may be, on or before the date of the de$ision of the Su%reme )ourt shall not be in&alidated by reason of that de$laration H3 Sub5e$t to the %ro&isions of this )onstitution, Parliament may by law re!ulate any matter relatin! to or $onne$ted with the ele$tion of a President or 4i$e8President H" The ele$tion of a %erson as President or 4i$e8President shall not be $alled in 'uestion on the !round of the eisten$e of any &a$an$y for whate&er reason amon! the members of the ele$toral $olle!e ele$tin! him :9 Po*er o! Presi%ent to grant (ar%ons0 etc 90 an% to s#s(en%0 re&it or co&&#te sentences in certain cases < H1 The President shall ha&e the %ower to !rant %ardons, re%rie&es, res%ites or remissions of %unishment or to sus%end, remit or $ommute the senten$e of any %erson $on&i$ted of any offen$eG Ha in all $ases where the %unishment or senten$e is by a )ourt 7artialE Hb in all $ases where the %unishment or senten$e is for an offen$e a!ainst any law relatin! to a matter to whi$h the ee$uti&e %ower of the Union etendsE H$ in all $ases where the senten$e is a senten$e of death H2 Notin! in sub8$lause Ha of $lause H1 shall affe$t the %ower to sus%end, remit or $ommute a senten$e of death eer$isable by the ;o&ernor JJJ of a State under any law for the time bein! in for$e
69 E'tent o! e'ec#ti)e (o*er o! te Union G H1 Sub5e$t to the %ro&isions of this )onstitution, the ee$uti&e %ower of the Union shall etendG Ha to the matters with res%e$t to whi$h Parliament has %ower to mae lawsE and Hb to the eer$ise of su$h ri!hts, authority and 5urisdi$tion as are eer$isable by the ;o&ernment of India by &irtue of any treaty on a!reementD Pro&ided that the ee$uti&e %ower referred to in sub8$lause Ha shall not, sa&e as e%ressly %ro&ided in this )onstitution or in any law made by Parliament, etend in any State JJJ to matters with res%e$t to whi$h the #e!islature of the State has also %ower to mae laws
H2 Until otherwise %ro&ided by Parliament, a State and any offi$er or authority of a State may, notwithstandin! anythin! in this arti$le, $ontinue to eer$ise in matters with res%e$t to whi$h Parliament has %ower to mae laws for that State su$h ee$uti&e %ower or fun$tions as the State or offi$er or authority thereof $ould eer$ise immediately before the $ommen$ement of this )onstitution Co#ncil o! Ministers 89 Co#ncil o! Ministers to ai% an% a%)ise Presi%ent G H1 There shall be a )oun$il of 7inisters with the Prime 7inister at the head to aid and ad&ise the President who shall, in the eer$ise of his fun$tions, a$t in a$$ordan$e with su$h ad&i$eD Pro&ided that the President may re'uire the )oun$il of 7inisters to re$onsider su$h ad&i$e, either !enerally or otherwise, and the President shall a$t in a$$ordan$e with the ad&i$e tendered after su$h re$onsideration H2 The 'uestion whether any, and if so what, ad&i$e was tendered by 7inisters to the President shall not be in'uired into in any $ourt
>9 Oter (ro)isions as to Ministers G H1 The Prime 7inister shall be a%%ointed by the President and the other 7inisters shall be a%%ointed by the President on the ad&i$e of the Prime 7inister H2 The 7inisters shall hold offi$e durin! the %leasure of the President H3 The )oun$il of 7inisters shall be $olle$ti&ely res%onsible to the
Te Attorne$-General !or In%ia @9 Attorne$-General !or In%ia G H1 The President shall a%%oint a %erson who is 'ualified to be a%%ointed a =ud!e of the Su%reme )ourt to be Attorney8;eneral for India H2 It shall be the duty of the Attorney8;eneral to !i&e ad&i$e to the ;o&ernment of India u%on su$h le!al matters, and to %erform su$h other duties of a le!al $hara$ter, as may from time to time be referred or assi!ned to him by the President, and to dis$har!e the fun$tions $onferred on him by or under this )onstitution or any other law for the time bein! in for$e H3 In the %erforman$e of his duties the Attorney8;eneral shall ha&e ri!ht of audien$e in all $ourts in the territory of India H" The Attorney8;eneral shall hold offi$e durin! the %leasure of the President, and shall re$ei&e su$h remuneration as the President may determine
Con%#ct o! Go)ern&ent .#siness 9 Con%#ct o! /#siness o! te Go)ern&ent o! In%ia G H1 All ee$uti&e a$tions of the ;o&ernment of India shall be e%ressed to be taen in the name of the President H2 6rders and other instruments made and ee$uted in the name of the President shall be authenti$ated in su$h manner as may be s%e$ified in rules1 to be made by the President, and the &alidity of an order or instrument whi$h is so authenti$ated shall not be $alled in 'uestion on the !round that it is not an order or instrument made or ee$uted by the President H3 The President shall mae rules for the more $on&enient transa$tion of the business of the ;o&ernment of India, and for the allo$ation amon! 7inisters of the said business JJJ
B9 D#ties o! Pri&e Minister as res(ects te !#rnising o! in!or&ation to te Presi%ent0 etc 9 G It shall be the duty of the Prime 7inisterG Ha to $ommuni$ate to the President all de$isions of the )oun$il of 7inisters relatin! to the administration of the affairs of the Union and %ro%osals for le!islationE
Hb to furnish su$h information relatin! to the administration of the affairs of the Union and %ro%osals for le!islation as the President may $all forE and H$ if the President so re'uires, to submit for the $onsideration of the )oun$il of 7inisters any matter on whi$h a de$ision has been taen by a 7inister but whi$h has not been $onsidered by the )oun$il
CHAPTER II - PARLIAMENT General 9 Constit#tion o! Parlia&ent G There shall be a Parliament for the Union whi$h shall $onsist of the President and two
B9 Co&(osition o! te Co#ncil o! States G H1 JJJ The )oun$il of States shall $onsist ofG Ha twel&e members to be nominated by the President in a$$ordan$e with the %ro&isions of $lause H3E and Hb not more than two hundred and thirty8ei!ht re%resentati&es of the States and of the Union territories H2 The allo$ation of seats in the )oun$il of States to be filled by re%resentati&es of the States and of the Union territories shall be in a$$ordan$e with the %ro&isions in that behalf $ontained in the Fourth S$hedule H3 The members to be nominated by the President under sub8 $lause Ha of $lause H1 shall $onsist of %ersons ha&in! s%e$ial nowled!e or %ra$ti$al e%erien$e in res%e$t of su$h matters as the followin!, namelyDG #iterature, s$ien$e, art and so$ial ser&i$e H" The re%resentati&es of ea$h State JJJ in the )oun$il of States shall be ele$ted by the ele$ted members of the #e!islati&e Assembly of the State in a$$ordan$e with the system of %ro%ortional re%resentation by means of the sin!le transferable &ote H( The re%resentati&es of the Union Territories in the )oun$il of States shall be $hosen in su$h manner as Parliament may by law %res$ribe
B:9 Rea%#st&ent a!ter eac cens#s G U%on the $om%letion of ea$h $ensus, the allo$ation of seats in the
Peo%le to the States and the di&ision of ea$h State into territorial $onstituen$ies under this arti$le B69 D#ration o! Ho#ses o! Parlia&ent G H1 The )oun$il of States shall not be sub5e$t to dissolution, but as nearly as %ossible one8third of the members thereof shall retire as soon as may be on the e%iration of e&ery se$ond year in a$$ordan$e with the %ro&isions made in that behalf by Parliament by law H2 The
B89 #ali!ication !or &e&/ersi( o! Parlia&ent G A %erson shall not be 'ualified to be $hosen to fill a seat in Parliament unless heG Ha is a $iti*en of India, and maes and subs$ribes before some %erson authorised in that behalf by the le$tion )ommission an oath or affirmation a$$ordin! to the form set out for the %ur%ose in the Third S$heduleE Hb is, in the $ase of a seat in the )oun$il of States, not less than thirty years of a!e and, in the $ase of a seat in the
B>9 Sessions o! Parlia&ent0 (rorogation an% %issol#tion G H1 The President shall form time to time summon ea$h
Hb dissol&e the
B9 S(ecial a%%ress /$ te Presi%ent G H1 At the $ommen$ement of the first session after ea$h !eneral ele$tion to the
BB9 Rigts o! Ministers an% Attorne$-General as res(ects Ho#ses G &ery 7inister and the Attorney8;eneral for India shall ha&e the ri!ht to s%ea in, and otherwise to tae %art in the %ro$eedin!s of either
O!!icers o! Parlia&ent B9 Te Cair&an an% De(#t$ Cair&an o! te Co#ncil o! States G H1 The 4i$e8President of India shall be ex officio )hairman of the )oun$il of States H2 The )oun$il of States shall, as soon as may be, $hoose a member of the )oun$il to be e%uty )hairman thereof and, so often as the offi$e of e%uty )hairman be$omes &a$ant, the )oun$il shall $hoose another member to be e%uty )hairman thereof
9 +acation an% resignation o!0 an% re&o)al !ro&0 te o!!ice o! De(#t$ Cair&an G A member holdin! offi$e as e%uty )hairman of the )oun$il of StatesG Ha shall &a$ate his offi$e if he $eases to be a member of the )oun$ilE Hb may at any time, by writin! under his hand addressed to the )hairman, resi!n his offi$eE and H$ may be remo&ed from his offi$e by a resolution of the )oun$il %assed by a ma5ority of all the then members of the )oun$ilD Pro&ided that no resolution for the %ur%ose of $lause H$ shall be mo&ed unless at least fourteen days: noti$e has been !i&en of the intention to mo&e the resolution
79 Po*er o! te De(#t$ Cair&an or oter (erson to (er!or& te %#ties o! te o!!ice o!0 or to act as0 Cair&an G H1 hile the offi$e of )hairman is &a$ant, or durin! any %eriod when the 4i$e8President is a$tin! as, or dis$har!in! the fun$tions of, President, the duties of the offi$e shall be %erformed by the e%uty )hairman, or, if the offi$e of e%uty )hairman is also &a$ant, by su$h member of the )oun$il of States as the President may a%%oint for the %ur%ose H2 urin! the absen$e of the )hairman from any sittin! of the )oun$il of States the e%uty )hairman, or, if he is also absent, su$h %erson as may be determined by the rules of %ro$edure of the )oun$il, or, if no su$h %erson is %resent, su$h other %erson as may be determined by the )oun$il, shall a$t as )hairman
:9 Te Cair&an or te De(#t$ Cair&an not to (resi%e *ile a resol#tion !or is re&o)al !ro& o!!ice is #n%er consi%eration G H1 At any sittin! of the )oun$il of States, while any resolution for the remo&al of the 4i$e8President from his offi$e is under $onsideration, the )hairman, or while any resolution for the remo&al of the e%uty )hairman from his offi$e is under $onsideration, the e%uty )hairman, shall not, thou!h he is %resent, %reside, and the %ro&isions of $lause H2 of arti$le /1 shall a%%ly in relation to e&ery su$h sittin! as they a%%ly in relation to a sittin! from whi$h the )hairman, or, as the $ase may be, the e%uty )hairman, is absent
H2 The )hairman shall ha&e the ri!ht to s%ea in, and otherwise to tae %art in the %ro$eedin!s of, the )oun$il of States while any resolution for the remo&al of the 4i$e8President from his offi$e is under $onsideration in the )oun$il, but, notwithstandin! anythin! in arti$le 100, shall not be entitled to &ote at all on su$h resolution or on any other matter durin! su$h %ro$eedin!s
69 Te S(ea;er an% De(#t$ S(ea;er o! te Ho#se o! te Peo(le G The
>9 Po*er o! te De(#t$ S(ea;er or oter (erson to (er!or& te %#ties o! te o!!ice o!0 or to act as0 S(ea;er G H1 hile the offi$e of S%eaer is &a$ant, the duties of the offi$e shall be %erformed by the e%uty S%eaer or, if the offi$e of e%uty S%eaer is also &a$ant, by su$h member of the
H2 urin! the absen$e of the S%eaer from any sittin! of the
@9 Te S(ea;er or te De(#t$ S(ea;er not to (resi%e *ile a resol#tion !or is re&o)al !ro& o!!ice is #n%er consi%eration G H1 At any sittin! of the
9 Salaries an% allo*ances o! te Cair&an an% De(#t$ Cair&an an% te S(ea;er an% De(#t$ S(ea;er G There shall be %aid to the )hairman and the e%uty )hairman of the )oun$il of States, and to the S%eaer and the e%uty S%eaer of the
B9 Secretariat o! Parlia&ent G H1 a$h
H3 Until %ro&ision is made by Parliament under $lause H2, the President may, after $onsultation with the S%eaer of the
Con%#ct o! .#siness 9 Oat or a!!ir&ation /$ &e&/ers G &ery member of either
79 +oting in Ho#ses0 (o*er o! Ho#ses to act not*itstan%ing )acancies an% "#or#& G H1 Sa&e as otherwise %ro&ided in this )onstitution, all 'uestions at any sittin! of either
Ha be$omes sub5e$t to any of the dis'ualifi$ations mentioned in $lause H1 or $lause H2 of arti$le 102, or Hb resi!ns his seat by writin! under his hand addressed to the )hairman or the S%eaer, as the $ase may be, and his resi!nation is a$$e%ted by the )hairman or the S%eaer, as the $ase may be, his seat shall thereu%on be$ome &a$antD Pro&ided that in the $ase of any resi!nation referred to in sub8 $lause Hb, if from information re$ei&ed or otherwise and after main! su$h in'uiry as he thins fit, the )hairman or the S%eaer, as the $ase may be, is satisfied that su$h resi!nation is not &oluntary or !enuine, he shall not a$$e%t su$h resi!nation H" If for a %eriod of sity days a member of either
7:9 Dis"#ali!ications !or &e&/ersi( G H1 A %erson shall be dis'ualified for bein! $hosen as, and for bein!, a member of either
H2 A %erson shall be dis'ualified for bein! a member of either
769 Decision on "#estions as to %is"#ali!ications o! &e&/ers G H1 If any 'uestion arises as to whether a member of either
789 Penalt$ !or sitting an% )oting /e!ore &a;ing oat or a!!ir&ation #n%er article or *en not "#ali!ie% or *en %is"#ali!ie% G If a %erson sits or &otes as a member of either
7>9 Po*ers0 (ri)ileges0 etc 90 o! te Ho#ses o! Parlia&ent an% o! te &e&/ers an% co&&ittees tereo! G H1 Sub5e$t to the %ro&isions of this )onstitution and the rules and standin! orders re!ulatin! the %ro$edure of Parliament, there shall be freedom of s%ee$h in Parliament H2 No member of Parliament shall be liable to any %ro$eedin!s in any $ourt in res%e$t of anythin! said or any &ote !i&en by him in Parliament or any $ommittee thereof, and no %erson shall be so liable in res%e$t of the %ubli$ation by or under the authority of either
7@9 Salaries an% allo*ances o! &e&/ers G 7embers of either
Legislati)e Proce%#re 79 Pro)isions as to intro%#ction an% (assing o! .ills G H1 Sub5e$t to the %ro&isions of arti$les 10/ and 11- with res%e$t to 7oney ills and other finan$ial ills, a ill may ori!inate in either
Ha the ill is re5e$ted by the other
79 S(ecial (roce%#re in res(ect o! Mone$ .ills G H1 A 7oney ill shall not be introdu$ed in the )oun$il of States H2 After a 7oney ill has been %assed by the
H" If the
779 De!inition o! Mone$ .ill G H1 For the %ur%oses of this )ha%ter, a ill shall be deemed to be a 7oney ill if it $ontains only %ro&isions dealin! with all or any of the followin! matters, namelyDG Ha the im%osition, abolition, remission, alteration or re!ulation of any taE Hb the re!ulation of the borrowin! of money or the !i&in! of any !uarantee by the ;o&ernment of India, or the amendment of the law with res%e$t to any finan$ial obli!ations undertaen or to be undertaen by the ;o&ernment of IndiaE H$ the $ustody of the )onsolidated Fund or the )ontin!en$y Fund of India, the %ayment of moneys into or the withdrawal of moneys from any su$h FundE Hd the a%%ro%riation of moneys out of the )onsolidated Fund of IndiaE He the de$larin! of any e%enditure to be e%enditure $har!ed on the )onsolidated Fund of India or the in$reasin! of the amount of any su$h e%enditureE Hf the re$ei%t of money on a$$ount of the )onsolidated Fund of India or the %ubli$ a$$ount of India or the $ustody or issue of su$h money or the audit of the a$$ounts of the Union or of a StateE or H! any matter in$idental to any of the matters s%e$ified in sub8$lauses Ha to Hf H2 A ill shall not be deemed to be a 7oney ill by reason only that it %ro&ides for the im%osition of fines or other %e$uniary %enalties, or for the demand or %ayment of fees for li$en$es or fees for ser&i$es rendered, or by reason that it %ro&ides for the im%osition, abolition,
remission, alteration or re!ulation of any ta by any lo$al authority or body for lo$al %ur%oses H3 If any 'uestion arises whether a ill is a 7oney ill or not, the de$ision of the S%eaer of the
7779 Assent to .ills G hen a ill has been %assed by the
Proce%#res in Financial Matters 77:9 Ann#al !inancial state&ent G H1 The President shall in res%e$t of e&ery finan$ial year $ause to be laid before both the ann#al !inancial state&ent> H2 The estimates of e%enditure embodied in the annual finan$ial statement shall show se%aratelyG Ha the sums re'uired to meet e%enditure des$ribed by this )onstitution as e%enditure $har!ed u%on the )onsolidated Fund of IndiaE and Hb the sums re'uired to meet other e%enditure %ro%osed to be made from the )onsolidated Fund of India, and shall distin!uish e%enditure on re&enue a$$ount from other e%enditure H3 The followin! e%enditure shall be e%enditure $har!ed on the )onsolidated Fund of IndiaG Ha the emoluments and allowan$es of the President and other e%enditure relatin! to his offi$eE Hb the salaries and allowan$es of the )hairman and the e%uty )hairman of the )oun$il of States and the S%eaer and the e%uty S%eaer of the
$har!es, and other e%enditure relatin! to the raisin! of loans and the ser&i$e and redem%tion of debtE
Hd Hi the salaries, allowan$es and %ensions %ayable to or in res%e$t of =ud!es of the Su%reme )ourt, Hii the %ensions %ayable to or in res%e$t of =ud!es of the Federal )ourt, Hiii the %ensions %ayable to or in res%e$t of =ud!es of any
7769 Proce%#re in Parlia&ent *it res(ect to esti&ates G H1 So mu$h of the estimates as relates to e%enditure $har!ed u%on the )onsolidated Fund of India shall not be submitted to the &ote of Parliament, but nothin! in this $lause shall be $onstrued as %re&entin! the dis$ussion in either
be made e$e%t
on
the
7789 A((ro(riation .ills G H1 As soon as may be after the !rants under arti$le 113 ha&e been made by the
Hb the e%enditure $har!ed on the )onsolidated Fund of India but not e$eedin! in any $ase the amount shown in the statement %re&iously laid before Parliament
H2 No amendment shall be %ro%osed to any su$h ill in either
77>9 S#((le&entar$0 a%%itional or e'cess grants G grants G H1 The President shallG Ha If the amount authorised by any law made in a$$ordan$e with ith the the %ro&i ro&is sions ions of arti arti$l $le e 11" 11" to be e%e e%end nde ed for for a %arti$ular ser&i$e for the $urrent finan$ial year is found to be insuffi$ient for the %ur%oses of that year or when a need has arisen durin! the $urrent finan$ial year for su%%lementary or additional e%enditure u%on some new ser&i$e not $ontem%lated in the annual finan$ial statement for that year, or Hb Hb if any any mone money y has has been been s%en s%entt on any any ser& ser&i$ i$e e duri durin! n! a finan$ial year in e$ess of the amount !ranted for that ser&i$e and for that year, $ause to be laid before both the
77@9 +otes on acco#nt0 )otes o! cre%it an% e'ce(tional grants G H1 Notwit Notwithst hstand andin! in! anythi anythin! n! in the fore!o fore!oin! in! %ro&is %ro&ision ions s of this this )ha%ter, the
Ha to mae any !rant in ad&an$e in res%e$t of the estimated e%e e%end ndit itur ure e for for a %art %art of any any fina finan$ n$ia iall year year %end %endin in! ! the the $om%letion of the %ro$edure %res$ribed in arti$le 113 for the &otin! of su$h !rant and the %assin! of the law in a$$ordan$e with the %ro&isions of arti$le 11" in relation to that e%enditureE
Hb to mae a !rant for meetin! an une%e$ted demand u%on the resour$es of India when on a$$ount of the ma!nitude or the indefinite $hara$ter of the ser&i$e the demand $annot be stated with the details ordinarily !i&en in an annual finan$ial statementE H$ to mae an e$e%tional !rant whi$h forms no %art of the $urren $urrentt ser&i$ ser&i$e e of any finan$ finan$ial ial yearE yearE and Parliam Parliament ent shall shall ha&e %ower to authorise by law the withdrawal of moneys from the )onsolidated Fund of India for the %ur%oses for whi$h the said !rants are made H2 H2 The The %ro& %ro&is isio ions ns of arti arti$l $les es 113 113 and and 11" 11" shal shalll ha&e ha&e effe effe$t $t in relation to the main! of any !rant under $lause H1 and to any law to be made under that $lause as they ha&e effe$t in relation to the main! of a !rant with re!ard to any e%enditure mentioned in the annual finan$ial statem tement and the the law to be made for the authorisation of a%%ro%riation of moneys out of the )onsolidated Fund of India to meet su$h e%enditure
779 S(ecial (ro)isions as to !inancial .ills .ills G G H1 A ill or amendment main! %ro&ision for any of the matters s%e$ified in sub8$lauses Ha to Hf of $lause H1 of arti$le 110 shall not be intr introd odu$ u$ed ed or mo&e mo&ed d e$e e$e%t %t on the the re$o re$omm mmen enda dati tion on of the the President and a ill main! su$h %ro&ision shall not be introdu$ed in the )oun$il of StatesD Pro& Pro&id ided ed that that no re$o re$omm mmen enda dati tion on shal shalll be re'u re'uir ired ed unde underr this this $lause for the mo&in! of an amendment main! %ro&ision for the redu$tion or abolition of any ta H2 A ill or amendment shall not be deemed to mae %ro&ision for any of the matters aforesaid by reason only that it %ro&ides for the im%osition of fines or other %e$uniary %enalties, or for the demand or %ayment of fees for li$en$es or fees for ser&i$es rendered, or by reason reason that that it %ro&id %ro&ides es for the im%osi im%ositio tion, n, abolit abolition ion,, remiss remission ion,, alteration or re!ulation of any ta by any lo$al authority or body for lo$al %ur%oses H3 H3 A ill ill whi$ whi$h, h, if ena$ ena$te ted d and and brou brou!h !htt into into o%er o%erat atio ion, n, woul would d in&ol&e e%enditure from the )onsolidated Fund of India shall not be %assed by either
H2 Until rules are made under $lause H1, the rules of %ro$edure and standin! orders in for$e immediately before the $ommen$ement of this )onstitution with res%e$t to the #e!islature of the ominion of India India shall shall ha&e ha&e effe$t effe$t in relati relation on to Parlia Parliamen mentt sub5e$ sub5e$tt to su$h su$h modi modifi fi$a $ati tion ons s and and ada% ada%ta tati tion ons s as ma may y be ma made de ther therei ein n by the the )hairman of the )oun$il of States or the S%eaer of the
779 Reg#lation /$ la* o! (roce%#re in Parlia&ent in relation to !inancial /#siness G /#siness G Parl Parlia iame ment nt ma may, y, for for the the %ur% %ur%os ose e of the the time timely ly $om% $om%le leti tion on of fina finan$ n$ia iall busi busine ness ss,, re!u re!ula late te by law law the the %ro$ %ro$ed edur ure e of, of, and and the the $ondu$t of business in, ea$h
7:9 Lang#age to /e #se% in Parlia&ent G Parlia&ent G H1 Notwithstandin! anythin! in Part @4II, but sub5e$t to the arti$le 3"., 3"., busi busine ness ss in Parli Parliam amen entt shal shalll be tran transa sa$t $ted ed in or in Englis> Englis> were omitted therefrom
7:79 Restriction on %isc#ssion in Parlia&ent G Parlia&ent G
No dis$ussions shall tae %la$e in Parliament with res%e$t to the $ondu$t of any =ud!e of the Su%reme )ourt or of a
7::9 Co#rts not to in"#ire into (rocee%ings o! Parlia&ent G Parlia&ent G H1 The &alidity of any %ro$eedin!s in Parliament shall not be $alled in 'uestion on the !round of any alle!ed irre!ularity of %ro$edure H2 No offi$er or member of Parliament in whom %owers are &ested by or unde underr this this )ons )onsti titu tuti tion on for for re!u re!ula lati tin! n! %ro$ %ro$ed edur ure e or the the $ondu$t of business, or for maintainin! order, in Parliament shall be sub5e$t to the 5urisdi$tion of any $ourt in res%e$t of the eer$ise by him of those %owers
CHAPTER III =LEGISLATI+E PO1ERS OF THE PRESIDENT
7:69 7:69 Po*e Po*err o! Pres Presi% i%en entt to (ro& (ro&#l #lga gate te Or%i Or%ina nanc nces es %#ri %#ring ng recess o! Parlia&ent G Parlia&ent G H1 If at any time, e$e%t when both
CHAPTER I+ < THE UNION 2UDICIARY 7:89 Esta/lis&ent an% Constit#tion o! S#(re&e Co#rt G H1 There shall be a Su%reme )ourt of India $onsistin! of a )hief =usti$e of India and, until Parliament by law %res$ribes a lar!er number, of not more than se&en2 other =ud!es H2 &ery =ud!e of the Su%reme )ourt shall be a%%ointed by the President by warrant under his hand and seal after $onsultation with su$h of the =ud!es of the Su%reme )ourt and of the Hig Co#rt3 means a
third of the members of the
7:>9 Salaries0 etc 90 o! 2#%ges G H1 There shall be %aid to the =ud!es of the Su%reme )ourt su$h salaries as may be determined by Parliament by law and, until %ro&ision in that behalf is so made, su$h salaries as are s%e$ified in the Se$ond S$hedule H2 &ery =ud!e shall be entitled to su$h %ri&ile!es and allowan$es and to su$h ri!hts in res%e$t of lea&e of absen$e and %ension as may from time to time be determined by or under law made by Parliament and, until so determined, to su$h %ri&ile!es, allowan$es and ri!hts as are s%e$ified in the Se$ond S$heduleD Pro&ided that neither the %ri&ile!es nor the allowan$es of a =ud!e nor his ri!hts in res%e$t of lea&e of absen$e or %ension shall be &aried to his disad&anta!e after his a%%ointment
7:@9 A((oint&ent o! acting Cie! 2#stice G hen the offi$e of )hief =usti$e of India is &a$ant or when the )hief =usti$e is, by reason of absen$e or otherwise, unable to %erform the duties of his offi$e, the duties of the offi$e shall be %erformed by su$h one of the other =ud!es of the )ourt as the President may a%%oint for the %ur%ose
7:9 A((oint&ent o! ad hoc 2#%ges G H1 If at any time there should not be a 'uorum of the =ud!es of the Su%reme )ourt a&ailable to hold or $ontinue any session of the )ourt, the )hief =usti$e of India may, with the %re&ious $onsent of the President and after $onsultation with the )hief =usti$e of the
or of the Federal )ourt or who has held the offi$e of a =ud!e of a
7:9 S#(re&e Co#rt to /e a co#rt o! recor% The Su%reme )ourt shall be a $ourt of re$ord and shall ha&e all the %owers of su$h a $ourt in$ludin! the %ower to %unish for $ontem%t of itself
769 Seat o! S#(re&e Co#rt G The Su%reme )ourt shall sit in elhi or in su$h other %la$e or %la$es, as the )hief =usti$e of India may, with the a%%ro&al of the President, from time to timeE a%%oint
7679 Original #ris%iction o! te S#(re&e Co#rt G Sub5e$t to the %ro&isions of this )onstitution, the Su%reme )ourt shall, to the e$lusion of any other $ourt, ha&e ori!inal 5urisdi$tion in any dis%uteG Ha between the ;o&ernment of India and one or more StatesE or Hb between the ;o&ernment of India and any State or States on one side and one or more other States on the otherE or H$ between two or more States, if and in so far as the dis%ute in&ol&es any 'uestion Hwhether of law or fa$t on whi$h the eisten$e or etent of a le!al ri!ht de%endsD Pro&ided that the said 5urisdi$tion shall not etend to a dis%ute arisin! out of any treaty, a!reement, $o&enant, en!a!ement, named or other similar instrument whi$h, ha&in! been entered into or ee$uted before the $ommen$ement of this )onstitution, $ontinues in o%eration after su$h $ommen$ement, or whi$h %ro&ides that the said 5urisdi$tion shall not etend to su$h a dis%ute
767A9 E'cl#si)e #ris%iction o! te S#(re&e Co#rt in regar% to "#estion as to constit#tional )ali%it$ o! Central La*s G
Rep. by the Constitution ('orty-third Amendment) Act, 1!!, sec. & (#.e.f. 1.&.1! 76:9 A((ellate #ris%iction o! S#(re&e Co#rt in a((eals !ro& Hig Co#rts in certain cases G H1 An a%%eal shall lie to the Su%reme )ourt from any 5ud!ment, de$ree or final order of a final order> in$ludes an order de$idin! an issue whi$h, if de$ided in fa&our of the a%%ellant, would be suffi$ient for the final dis%osal of the $ase
7669 A((ellate #ris%iction o! S#(re&e Co#rt in a((eals !ro& Hig Co#rts in regar% to ci)il &atters G H1 An a%%eal shall lie to the Su%reme )ourt from any 5ud!ment, de$ree or final order in a $i&il %ro$eedin! of a
7689 A((ellate #ris%iction o! S#(re&e Co#rt in regar% to cri&inal &atters G H1 An a%%eal shall lie to the Su%reme )ourt from any 5ud!ment, final order or senten$e in a $riminal %ro$eedin! of a
Ha has on a%%eal re&ersed an order of a$'uittal of an a$$used %erson and senten$ed him to deathE or Hb has withdrawn for trial before itself any $ase from any $ourt subordinate to its authority and has in su$h trial $on&i$ted the a$$used %erson and senten$ed him to deathE or H$ $ertifies under arti$le 13"A that the $ase is a fit one for a%%eal to the Su%reme )ourtD Pro&ided that an a%%eal under sub8$lause H$ shall lie sub5e$t to su$h %ro&isions as may be made in that behalf under $lause H1 of arti$le 1"( and to su$h $onditions as the
768A9 Certi!icate !or a((eal to te S#(re&e Co#rt G &ery 9 2#ris%iction an% (o*ers o! te Fe%eral Co#rt #n%er e'isting la* to /e e'ercisa/le /$ te S#(re&e Co#rt G Until Parliament by law otherwise %ro&ides, the Su%reme )ourt shall also ha&e 5urisdi$tion and %owers with res%e$t to any matter to whi$h the %ro&isions of arti$le 133 or arti$le 13" do not a%%ly if 5urisdi$tion and %owers in relation to that matter were eer$isable by the Federal )ourt immediately before the $ommen$ement of this )onstitution under any eistin! law
76@9 S(ecial lea)e to a((eal /$ te S#(re&e Co#rt G
H1 Notwithstandin! anythin! in this )ha%ter, the Su%reme )ourt may, in its dis$retion, !rant s%e$ial lea&e to a%%eal from any 5ud!ment, de$ree, determination, senten$e or order in any $ause or matter %assed or made by any $ourt or tribunal in the territory of India H2 Nothin! in $lause H1 shall a%%ly to any 5ud!ment, determination, senten$e or order %assed or made by any $ourt or tribunal $onstituted by or under any law relatin! to the Armed For$es
769 Re)ie* o! #%g&ents or or%ers /$ te S#(re&e Co#rt G Sub5e$t to the %ro&isions of any law made by Parliament or any rules made under arti$le 1"(, the Su%reme )ourt shall ha&e %ower to re&iew any 5ud!ment %ronoun$ed or order made by it
76B9 Enlarge&ent o! te #ris%iction o! te S#(re&e Co#rt G H1 The Su%reme )ourt shall ha&e su$h further 5urisdi$tion and %owers with res%e$t to any of the matters in the Union #ist as Parliament may by law $onfer H2 The Su%reme )ourt shall ha&e su$h further 5urisdi$tion, and %owers with res%e$t to any matter as the ;o&ernment of India and the ;o&ernment of any State may by s%e$ial a!reement $onfer, if Parliament by law %ro&ides for the eer$ise of su$h 5urisdi$tion and %owers by the Su%reme )ourt
769 Con!er&ent on te S#(re&e Co#rt o! (o*ers to iss#e certain *rits G Parliament may by law $onfer on the Su%reme )ourt %ower to issue dire$tions, orders or writs, in$ludin! writs in the nature of habeas corpus, mandamus, %rohibition, uo #arranto and certiorari , or any of them, for any %ur%oses other than those mentioned in $lause H2 of arti$le 32
76A9Trans!er o! certain cases G H1 here $ases in&ol&in! the same or substantially the same 'uestions of law are %endin! before the Su%reme )ourt and one or more
789 Ancillar$ (o*ers o! S#(re&e Co#rt G Parliament may by law mae %ro&ision for $onferrin! u%on the Su%reme )ourt su$h su%%lemental %owers not in$onsistent with any of the %ro&isions of this )onstitution as may a%%ear to be
ne$essary or desirable for the %ur%ose of enablin! the $ourt more effe$ti&ely to eer$ise the 5urisdi$tion $onferred u%on it by or under this )onstitution
7879 La* %eclare% /$ S#(re&e Co#rt to /e /in%ing on all co#rts G The law de$lared by the Su%reme )ourt shall be bindin! on all $ourts within the territory of India
78:9 En!orce&ent o! %ecrees an% or%ers o! S#(re&e Co#rt an% or%ers as to %isco)er$0 etc G H1 The Su%reme )ourt in the eer$ise of its 5urisdi$tion may %ass su$h de$ree or mae su$h order as is ne$essary for doin! $om%lete 5usti$e in any $ause or matter %endin! before it, and any de$ree so %assed or order so made shall be enfor$eable throu!hout the territory of India in su$h manner as may be %res$ribed by or under any law made by Parliament and, until %ro&ision in that behalf is so made, in su$h manner as the President may by order3 %res$ribe H2 Sub5e$t to the %ro&isions of any law made in this behalf by Parliament, the Su%reme )ourt shall, as res%e$ts the whole of the territory of India, ha&e all and e&ery %ower to mae any order for the %ur%ose of se$urin! the attendan$e of any %erson, the dis$o&ery or %rodu$tion of any do$uments, or the in&esti!ation or %unishment of any $ontem%t of itself
7869 Po*er o! Presi%ent to cons#lt S#(re&e Co#rt G H1 If at any time it a%%ears to the President that a 'uestion of law or fa$t has arisen, or is liely to arise, whi$h is of su$h a nature and of su$h %ubli$ im%ortan$e that it is e%edient to obtain the o%inion of the Su%reme )ourt u%on it, he may refer the 'uestion to that )ourt for $onsideration and the )ourt may, after su$h hearin! as it thins fit, re%ort to the President its o%inion thereon H2 The President may, notwithstandin! anythin! in JJJ the %ro&iso to arti$le 131, refer a dis%ute of the ind mentioned in the said %ro&iso to the Su%reme )ourt for o%inion and the Su%reme )ourt shall, after su$h hearin! as it thins fit, re%ort to the President its o%inion thereon
7889 Ci)il an% #%icial a#torities to act in ai% o! te S#(re&e Co#rt G
All authorities, $i&il and 5udi$ial, in the territory of India shall a$t in aid of the Su%reme )ourt
788A9 S(ecial (ro)isions as to %is(osal o! "#estions relating to constit#tional )ali%it$ o! la*s G Rep. by the Constitution ('orty-third Amendment) Act, 1!!, sec. " (#.e.f. 1.&.1!).
78>9 R#les o! co#rt0 etc G H1 Sub5e$t to the %ro&isions of any law made by Parliament, the Su%reme )ourt may from time to time, with the a%%ro&al of the President, mae rules for re!ulatin! !enerally the %ra$ti$e and %ro$edure of the )ourt in$ludin!G Ha rules as to the %ersons %ra$tisin! before the )ourt, Hb rules as to the %ro$edure for hearin! a%%eals and other matters %ertainin! to a%%eals in$ludin! the time within whi$h a%%eals to the )ourt are to be enteredE H$ rules as to the %ro$eedin!s in the )ourt for the enfor$ement of any of the ri!hts $onferred by Part IIIE H$$ rules as to the %ro$eedin!s in the )ourt under arti$le 13/AE Hd rules as to the entertainment of a%%eals under sub8$lause H$ of $lause H1 of arti$le 13"E He any 5ud!ment %ronoun$ed or order made by the )ourt may be re$ei&ed and rules as to the $onditions the %ro$edure for su$h re&iew in$ludin! the time within whi$h a%%li$ations to the )ourt for su$h re&iew are to be enteredE Hf rules as to the $osts of and in$idental to any %ro$eedin!s in the )ourt and as to the fees to be $har!ed in res%e$t of %ro$eedin!s thereinE H! rules as to the !rantin! of bailE Hh rules as to stay of %ro$eedin!sE Hi rules %ro&idin! for the summary determination of any a%%eal whi$h a%%ears to the )ourt to be fri&olous or &eatious or brou!ht for the %ur%ose of delayE H5 rules as to the %ro$edure for in'uiries referred to in $lause H1 of arti$le 31- H2 Sub5e$t to the %ro&isions of JJJ $lause H3, rules made under this arti$le may fi the minimum number of =ud!es who are to sit for any %ur%ose, and may %ro&ide for the %owers of sin!le =ud!es and i&ision )ourts H3 JJJ The minimum number of =ud!es who are to sit for the %ur%ose of de$idin! any $ase in&ol&in! a substantial 'uestion of law as to the inter%retation of this )onstitution or for the %ur%ose of hearin! any referen$e under arti$le 1"3 shall be fi&eD
Pro&ided that, where the )ourt hearin! an a%%eal under any of the %ro&isions of this )ha%ter other than arti$le 132 $onsists of less than fi&e =ud!es and in the $ourse of the hearin! of the a%%eal the )ourt is satisfied that the a%%eal in&ol&es a substantial 'uestion of law as to the inter%retation of this )onstitution the determination of whi$h is ne$essary for the dis%osal of the a%%eal, su$h )ourt shall refer the 'uestion for o%inion to a )ourt $onstituted as re'uired by this $lause for the %ur%ose of de$idin! any $ase in&ol&in! su$h a 'uestion and shall on re$ei%t of the o%inion dis%ose of the a%%eal in $onformity with su$h o%inion H" No 5ud!ment shall be deli&ered by the Su%reme )ourt sa&e in o%en )ourt, and no re%ort shall be made under arti$le 1"3 sa&e in a$$ordan$e with an o%inion also deli&ered in o%en )ourt H( No 5ud!ment and no su$h o%inion shall be deli&ered by the Su%reme )ourt sa&e with the $on$urren$e of a ma5ority of the =ud!es %resent at the hearin! of the $ase, but nothin! in this $lause shall be deemed to %re&ent a =ud!e who does not $on$ur from deli&erin! a dissentin! 5ud!ment or o%inion
78@9 O!!icers an% ser)ants an% te e'(enses o! te S#(re&e Co#rt G H1 A%%ointments of offi$ers and ser&ants of the Su%reme )ourt shall be made by the )hief =usti$e of India or su$h other =ud!e or offi$er of the $ourt as he may dire$tD Pro&ided that the President may by rule re'uire that in su$h $ases as may be s%e$ified in the rule, no %erson not already atta$hed to the )ourt shall be a%%ointed to any offi$e $onne$ted with the )ourt, sa&e after $onsultation with the Union Publi$ Ser&i$e )ommission H2 Sub5e$t to the %ro&isions of any law made by Parliament, the $onditions of ser&i$e of offi$ers and ser&ants of the Su%reme )ourt shall be su$h as may be %res$ribed by rules made by the )hief =usti$e of India or by some other =ud!e or offi$er of the )ourt authorised by the )hief =usti$e of India to mae rules for the %ur%oseD Pro&ided that the rules made under this $lause shall, so far as they relate to salaries, allowan$es, lea&e or %ensions, re'uire the a%%ro&al of the President H3 The administrati&e e%enses of the Su%reme )ourt, in$ludin! all salaries, allowan$es and %ensions %ayable to or in res%e$t of the offi$es and ser&ants of the )ourt, shall be $har!ed u%on the )onsolidated Fund of India, and any fees or other moneys taen by the )ourt shall form %art of that Fund
789 Inter(retation G In this )ha%ter and in )ha%ter 4 of Part 4I referen$es to any substantial 'uestion of law as to the inter%retation of this )onstitution shall be $onstrued as in$ludin! referen$es to any substantial 'uestion of law as to the inter%retation of the ;o&ernment of India A$t, 1/3( Hin$ludin! any ena$tment amendin! or su%%lementin! that A$t, or of any order in )oun$il or order made thereunder, or of the Indian Inde%enden$e A$t, 1/"-, or of any order made thereunder
CHAPTER + < COMPTROLLER AND AUDITOR-GENERAL OF INDIA
78B9 Co&(troller an% A#%itor-General o! In%ia G H1 There shall be a )om%troller and Auditor8;eneral of India who shall be a%%ointed by the President by warrant under his hand and seal and shall only be remo&ed from offi$e in lie manner and on the lie !rounds as a =ud!e of the Su%reme )ourt H2 &ery %erson a%%ointed to be the )om%troller and Auditor8 ;eneral of India shall, before he enters u%on his offi$e, mae and subs$ribe before the President, or some %erson a%%ointed in that behalf by him, an oath or affirmation a$$ordin! to the form set out for the %ur%ose in the Third S$hedule H3 The salary and other $onditions of ser&i$e of the )om%troller and Auditor8;eneral shall be su$h as may be determined by Parliament by law and, until they are so determined, shall be as s%e$ified in the Se$ond S$heduleD Pro&ided that neither the salary of a )om%troller and Auditor8 ;eneral nor his ri!hts in res%e$t of lea&e of absen$e, %ension or a!e of retirement shall be &aried to his disad&anta!e after his a%%ointment H" The )om%troller and Auditor8;eneral shall not be eli!ible for further offi$e either under the ;o&ernment of India or under the ;o&ernment of any State after he has $eased to hold his offi$e H( Sub5e$t to the %ro&isions of this )onstitution and of any law made by Parliament, the $onditions of ser&i$e of %ersons ser&in! in the Indian Audit and A$$ounts e%artment and the administrati&e %owers of the )om%troller and Auditor8;eneral shall be su$h as may be %res$ribed by rules made by the President after $onsultation with the )om%troller and Auditor8;eneral
H+ The Administrati&e e%enses of the offi$e of the )om%troller and Auditor8;eneral, in$ludin! all salaries, allowan$es and %ensions %ayable to or in res%e$t of %ersons ser&in! in that offi$e, shall be $har!ed u%on the )onsolidated Fund of India
789 D#ties an% (o*ers o! te Co&(troller an% A#%itor-General G The )om%troller and Auditor8;eneral shall %erform su$h duties and eer$ise su$h %owers in relation to the a$$ounts of the Union and of the States and of any other authority or body as may be %res$ribed by or under any law made by Parliament and, until %ro&ision in that behalf is so made, shall %erform su$h duties and eer$ise su$h %owers in relation to the a$$ounts of the Union and of the States as were $onferred on or eer$isable by the Auditor8;eneral of India immediately before the $ommen$ement of this )onstitution in relation to the a$$ounts of the ominion of India and of the Pro&in$es res%e$ti&ely 7>9 For& o! acco#nts o! te Union an% o! te States G The a$$ounts of the Union and of the States shall be e%t in su$h form as the President may, on the ad&i$e of the )om%troller and Auditor8;eneral of India, %res$ribe
7>79 A#%it re(orts G H1 The re%orts of the )om%troller and Auditor8;eneral of India relatin! to the a$$ounts of the Union shall be submitted to the President, who shall $ause them to be laid before ea$h
/ART 0 THE STATES ):9 De!initionG In this Part, unless the $ontet otherwise re'uires, the e%ression >State> does not in$lude the State of =ammu and ?ashmir
)69 Go)ernors o! StatesG
There shall be a ;o&ernor for ea$h StateD Pro&ided that nothin! in this arti$le shall %re&ent the a%%ointment of the same %erson as ;o&ernor for two or more States
7>89 E'ec#ti)e (o*er o! StateG H1 The ee$uti&e %ower of the State shall be &ested in the ;o&ernor and shall be eer$ised by him either dire$tly or throu!h offi$ers subordinate to him in a$$ordan$e with this )onstitution H2 Nothin! in this arti$le shallG Ha be deemed to transfer to the ;o&ernor any fun$tions $onferred by any eistin! law on any other authorityE or Hb %re&ent Parliament or the #e!islature of the State from $onferrin! by law fun$tions on any authority subordinate to the ;o&ernor
7>>9 A((oint&ent o! Go)ernorG The ;o&ernor of a State shall be a%%ointed by the President by warrant under his hand and seal
7>@9 Ter& o! o!!ice o! Go)ernorG H1 The ;o&ernor shall hold offi$e durin! the %leasure of the President H2 The ;o&ernor may, by writin! under his hand addressed to the President, resi!n his offi$e H3 Sub5e$t to the fore!oin! %ro&isions of this arti$le, a ;o&ernor shall hold for a term of fi&e years from the date on whi$h he enters u%on his offi$eD Pro&ided that a ;o&ernor shall, notwithstandin! the e%iration of his term, $ontinue to hold offi$e until his su$$essor enters u%on his offi$e
7>9 #ali!ications !or a((oint&ent as Go)ernorG No %erson shall be eli!ible for a%%ointment as ;o&ernor unless he is a $iti*en of India and has $om%leted the a!e of thirty8fi&e years
7>B9 Con%itions o! Go)ernor3s o!!iceG H1 The ;o&ernor shall not be a member of either
H3 The ;o&ernor shall be entitled without %ayment of rent to the use of his offi$ial residen$es and shall be also entitled to su$h emoluments, allowan$es and %ri&ile!es as may be determined by Parliament by law and, until %ro&ision in that behalf is so made, su$h emoluments, allowan$es and %ri&ile!es as are s%e$ified in the Se$ond S$hedule H3A here the same %erson is a%%ointed as ;o&ernor of two or more States, the emoluments and allowan$es %ayable to the ;o&ernor shall be allo$ated amon! the States in su$h %ro%ortion as the President may by order determine H" The emoluments and allowan$es of the ;o&ernor shall not be diminished durin! his term of offi$e
7>9 Oat or a!!ir&ation /$ Go)ernorG &ery ;o&ernor and e&ery %erson dis$har!in! the fun$tions of the ;o&ernor shall, before enterin! u%on his offi$e, mae and subs$ribe in the %resen$e of the )hief =usti$e of the I, A, do that I will faithfully ee$ute the offi$e of ;o&ernor Hor dis$har!e the fun$tions of the ;o&ernor of Hname of the State and will to the best of my ability %reser&e, %rote$t and defend the )onstitution and the law and that I will de&ote myself to the ser&i$e and well8bein! of the %eo%le of Hname of the State>
7@9 Discarge o! te !#nctions o! te Go)ernor in certain contingenciesG The President may mae su$h %ro&ision as he thins fit for the dis$har!e of the fun$tions of the ;o&ernor of a State in any $ontin!en$y not %ro&ided for in this )ha%ter
7@79 Po*er o! Go)ernor to grant (ar%ons0 etc 90 an% to s#s(en%0 re&it or co&&#te sentences in certain casesG The ;o&ernor of a State shall ha&e the %ower to !rant %ardons, re%rie&es, res%ites or remissions of %unishment or to sus%end, remit or $ommute the senten$e of any %erson $on&i$ted of any offen$e a!ainst any law relatin! to a matter to whi$h the ee$uti&e %ower of the State etends
7@:9 E'tent o! e'ec#ti)e (o*er o! StateG Sub5e$t to the %ro&isions of this )onstitution, the ee$uti&e %ower of a State shall etend to the matters with res%e$t to whi$h the #e!islature of the State has %ower to mae lawsD Pro&ided that in any matter with res%e$t to whi$h the #e!islature of a State and Parliament ha&e %ower to mae laws, the ee$uti&e
%ower of the State shall be sub5e$t to, and limited by, the ee$uti&e %ower e%ressly $onferred by the )onstitution or by any law made by Parliament u%on the Union or authorities thereof
Council of 3inisters 7@69 Co#ncil o! Ministers to ai% an% a%)ise Go)ernorG H1 There shall be a )oun$il of 7inisters with the )hief 7inister at the head to aid and ad&ise the ;o&ernor in the eer$ise of his fun$tions, e$e%t in so far as he is by or under this )onstitution re'uired to eer$ise his fun$tions or any of them in his dis$retion H2 If any 'uestion arises whether any matter is or is not a matter as res%e$ts whi$h the ;o&ernor is by or under this )onstitution re'uired to a$t in his dis$retion, the de$ision of the ;o&ernor in his dis$retion shall be final, and the &alidity of anythin! done by the ;o&ernor shall not be $alled in 'uestion on the !round that he ou!ht or ou!ht not to ha&e a$ted in his dis$retion H3 The 'uestion whether any, and if so what, ad&i$e was tendered by 7inisters to the ;o&ernor shall not be in'uired into in any $ourt
7@89 Oter (ro)isions as to MinistersG H1 The )hief 7inister shall be a%%ointed by the ;o&ernor and the other 7inisters shall be a%%ointed by the ;o&ernor on the ad&i$e of the )hief 7inister, and the 7inisters shall hold offi$e durin! the %leasure of the ;o&ernorD Pro&ided that in the State of ihar, 7adhya Pradesh and 6rissa, there shall be a 7inister in $har!e of tribal welfare who may in addition be in $har!e of the welfare of the S$heduled )astes and ba$ward $lasses or any other wor H2 The )oun$il of 7inisters shall be $olle$ti&ely res%onsible to the #e!islati&e Assembly of the State H3 efore a 7inister enters u%on his offi$e, the ;o&ernor shall administer to him the oaths of offi$e and of se$re$y a$$ordin! to the forms set out for the %ur%ose in the Third S$hedule H" A 7inister who for any %eriod of si $onse$uti&e months is not a member of the #e!islature of the State shall at the e%iration of that %eriod $ease to be a 7inister H( The salaries and allowan$es of 7inisters shall be su$h as the #e!islature of the State may from time to time by law determine and, until the #e!islature of the State so determines, shall be as s%e$ified in the Se$ond S$hedule
The Advocate-2eneral for the 4tate 7@>9 A%)ocate-General !or te StateG H1 The ;o&ernor of ea$h State shall a%%oint a %erson who is 'ualified to be a%%ointed a =ud!e of a
H2 It shall be the duty of the Ad&o$ate8;eneral to !i&e ad&i$e to the ;o&ernment of the State u%on su$h le!al matters, and to %erform su$h other duties of a le!al $hara$ter, as may from time to time be referred or assi!ned to him by the ;o&ernor, and to dis$har!e the fun$tions $onferred on him by or under this )onstitution or any other law for the time bein! in for$e H3 The Ad&o$ate8;eneral shall hold offi$e durin! the %leasure of the ;o&ernor, and shall re$ei&e su$h remuneration as the ;o&ernor may determine
Conduct of 2overnment 5usiness 7@@9 Con%#ct o! /#siness o! te Go)ern&ent o! a StateG H1 All ee$uti&e a$tion of the ;o&ernment of a State shall be e%ressed to be taen in the name of the ;o&ernor H2 6rders and other instruments made and ee$uted in the name of the ;o&ernor shall be authenti$ated in su$h manner as may be s%e$ified in rules to be made by the ;o&ernor, and the &alidity of an order or instrument whi$h is so authenti$ated shall not be $alled in 'uestion on the !round that it is not an order or instrument made or ee$uted by the ;o&ernor H3 The ;o&ernor shall mae rules for the more $on&enient transa$tion of the business of the ;o&ernment of the State, and for the allo$ation amon! 7inisters of the said business in so far as it is not business with res%e$t to whi$h the ;o&ernor is by or under this )onstitution re'uired to a$t in his dis$retion JJJ
7@9 D#ties o! Cie! Minister as res(ects te !#rnising o! in!or&ation to Go)ernor0 etc G It shall be the duty of the )hief 7inister of ea$h StateG Ha to $ommuni$ate to the ;o&ernor of the State all de$isions of the )oun$il of 7inisters relatin! to the administration of the affairs of the State and %ro%osals for le!islationE Hb to furnish su$h information relatin! to the administration of the affairs of the State and %ro%osals for le!islation as the ;o&ernor may $all forE and H$ if the ;o&ernor so re'uires, to submit for the $onsideration of the )oun$il of 7inisters any matter on whi$h a de$ision has been taen by a 7inister but whi$h has not been $onsidered by the )oun$il
)
Ha in the States of JJJ ihar, JJJ, JJJ 7aharashtra, ?arnataa and JJJ and Uttar Pradesh, two housesD Hb in other States, one %o%ulation> means the %o%ulation as as$ertained at the last %re$edin! $ensus of whi$h the rele&ant fi!ures ha&e been %ublishedD Pro&ided that the referen$e in this 6xplanation to the last %re$edin! $ensus of whi$h the rele&ant fi!ures ha&e been %ublished shall, until the rele&ant fi!ures for the first $ensus taen after the year 2000 ha&e been %ublished, be $onstrued as a referen$e to the 1/-1 $ensus H3 U%on the $om%letion of ea$h $ensus, the total number of seats in the #e!islati&e Assembly of ea$h State and the di&ision of ea$h State into territorial $onstituen$ies shall be read5usted by su$h authority and in su$h manner as Parliament may by law determineD Pro&ided that su$h read5ustment shall not affe$t re%resentation in the #e!islati&e Assembly until the dissolution of the then eistin! AssemblyD Pro&ided further that su$h read5ustment shall tae effe$t from su$h date as the President may, by order, s%e$ify and until su$h read5ustment taes effe$t, any ele$tion to the #e!islati&e Assembly may be held on the basis of the territorial $onstituen$ies eistin! before su$h read5ustmentD
Pro&ided also that until the rele&ant fi!ures for the first $ensus taen after the year 2000 ha&e been %ublished, it shall not be ne$essary to read5ust the total number of seats in the #e!islati&e Assembly of ea$h State and the di&ision of su$h State into territorial $onstituen$ies under this $lause
7@9 A/olition or creation o! Legislati)e Co#ncils in StatesG H1 Notwithstandin! anythin! in arti$le 1+., Parliament may by law %ro&ide for the abolition of the #e!islati&e )oun$il of a State ha&in! su$h a )oun$il or for the $reation of su$h a )oun$il in a State ha&in! no su$h )oun$il, if the #e!islati&e Assembly of the State %asses a resolution to that effe$t by a ma5ority of the total membershi% of the Assembly and by a ma5ority of not less than two8 thirds of the members of the Assembly %resent and &otin! H2 Any law referred to in $lause H1 shall $ontain su$h %ro&isions for the amendment of this )onstitution as may be ne$essary to !i&e effe$t to the %ro&isions of the law and may also $ontain su$h su%%lemental, in$idental and $onse'uential %ro&isions as Parliament may deem ne$essary H3 No su$h law as aforesaid shall be deemed to be an amendment of this )onstitution for the %ur%oses of arti$le 3+.
79 Co&(osition o! te Legislati)e Asse&/liesG H1 Sub5e$t to the %ro&isions of arti$le 333, the #e!islati&e Assembly of ea$h State shall $onsist of not more than fi&e hundred, and not less than sity, members $hosen by dire$t ele$tion from territorial $onstituen$ies in the State H2 For the %ur%oses of $lause H1, ea$h State shall be di&ided into territorial $onstituen$ies in su$h manner that the ratio between the %o%ulation of ea$h $onstituen$y and the number of seats allotted to it shall, so far as %ra$ti$able, be the same throu!hout the State 6xplanation GIn this $lause, the e%ression >%o%ulation> means the %o%ulation as as$ertained at the last %re$edin! $ensus of whi$h the rele&ant fi!ures ha&e been %ublishedD Pro&ided that the referen$e in this 6xplanation to the last %re$edin! $ensus of whi$h the rele&ant fi!ures ha&e been %ublished shall, until the rele&ant fi!ures for the first $ensus taen after the year 2000 ha&e been %ublished, be $onstrued as a referen$e to the 1/-1 $ensus H3 U%on the $om%letion of ea$h $ensus, the total number of seats in the #e!islati&e Assembly of ea$h State and the di&ision of ea$h State into territorial $onstituen$ies shall be read5usted by su$h authority and in su$h manner as Parliament may by law determineD Pro&ided that su$h read5ustment shall not affe$t re%resentation in the #e!islati&e Assembly until the dissolution of the then eistin! AssemblyD Pro&ided further that su$h read5ustment shall tae effe$t from su$h date as the President may, by order, s%e$ify and until su$h read5ustment taes effe$t, any ele$tion to the #e!islati&e Assembly
may be held on the basis of the territorial $onstituen$ies eistin! before su$h read5ustmentD Pro&ided also that until the rele&ant fi!ures for the first $ensus taen after the year 2000 ha&e been %ublished, it shall not be ne$essary to read5ust the total number of seats in the #e!islati&e Assembly of ea$h State and the di&ision of su$h State into territorial $onstituen$ies under this $lause
779 Co&(osition o! te Legislati)e Co#ncilsG H1 The total number of members in the #e!islati&e )oun$il of a State ha&in! su$h a )oun$il shall not e$eed one8third of the total number of members in the #e!islati&e Assembly of that StateD Pro&ided that the total number of members in the #e!islati&e )oun$il of a State shall in no $ase be less than forty H2 Until Parliament by law otherwise %ro&ides, the $om%osition of the #e!islati&e )oun$il of a State shall be as %ro&ided in $lause H3 H3 6f the total number of members of the #e!islati&e )oun$il of a StateG Ha as nearly as may be, one8third shall be ele$ted by ele$torates
7:9 D#ration o! State Legislat#resG H1 &ery #e!islati&e Assembly of e&ery State, unless sooner dissol&ed, shall $ontinue for fi&e years from the date a%%ointed for its first meetin! and no lon!er and the e%iration of the said %eriod of fi&e years shall o%erate as a dissolution of the AssemblyD Pro&ided that the said %eriod may, while a Pro$lamation of mer!en$y is in o%eration, be etended by Parliament by law for a %eriod not e$eedin! one year at a time and not etendin! in any $ase beyond a %eriod of si months after the Pro$lamation has $eased to o%erate
769 #ali!ication !or &e&/ersi( o! te State Legislat#reG A %erson shall not be 'ualified to be $hosen to fill a seat in the #e!islature of a State unless heG Ha is a $iti*en of India, and maes and subs$ribes before some %erson authorised in that behalf by the le$tion )ommission an oath or affirmation a$$ordin! to the form set out for the %ur%ose in the Third S$heduleE Hb is, in the $ase of a seat in the #e!islati&e Assembly, not less than twenty8fi&e years of a!e and in the $ase of a seat in the #e!islati&e )oun$il, not less than thirty years of a!eE and H$ %ossesses su$h other 'ualifi$ations as may be %res$ribed in that behalf by or under any law made by Parliament
789 Sessions o! te State Legislat#re0 (rorogation an% %issol#tionG H1 The ;o&ernor shall from time to time summon the
7>9 Rigt o! Go)ernor to a%%ress an% sen% &essages to te Ho#se or Ho#sesG H1 The ;o&ernor may address the #e!islati&e Assembly or, in the $ase of a State ha&in! a #e!islati&e )oun$il, either
7@9 S(ecial a%%ress /$ te Go)ernor G H1 At the $ommen$ement of the first session after ea$h !eneral ele$tion to the #e!islati&e Assembly and at the $ommen$ement of the first session of ea$h year, the ;o&ernor shall address the #e!islati&e Assembly or, in the $ase of a State ha&in! a #e!islati&e )oun$il, both
79 Rigts o! Ministers an% A%)ocate-General as res(ects te Ho#sesG &ery 7inister and the Ad&o$ate8;eneral for a State shall ha&e the ri!ht to s%ea in, and otherwise to tae %art in the %ro$eedin!s of, the #e!islati&e Assembly of the State or, in the $ase of a State ha&in! a #e!islati&e )oun$il, both
7fficers of the 4tate 8e+islature
7B9 Te S(ea;er an% De(#t$ S(ea;er o! te Legislati)e Asse&/l$G &ery #e!islati&e Assembly of a State shall, as soon as may be, $hoose two members of the Assembly to be res%e$ti&ely S%eaer and e%uty S%eaers thereof and, so often as the offi$e of S%eaer or e%uty S%eaer be$omes &a$ant, the Assembly shall $hoose another member to be S%eaer or e%uty S%eaer, as the $ase may be
79 +acation an% resignation o!0 an% re&o)al !ro&0 te o!!ices o! S(ea;er an% De(#t$ S(ea;erG A member holdin! offi$e as S%eaer or e%uty S%eaer of an AssemblyG Ha shall &a$ate his offi$e if he $eases to be a member of the AssemblyE Hb may at any time by writin! under his hand addressed, if su$h member is the S%eaer, to the e%uty S%eaer, and if su$h member is the e%uty S%eaer, to the S%eaer, resi!n his offi$eE and H$ may be remo&ed from his offi$e by a resolution of the Assembly %assed by a ma5ority of all then members of the AssemblyD Pro&ided that no resolution for the %ur%ose of $lause H$ shall be mo&ed unless at least fourteen days: noti$e has been !i&en of the intention to mo&e the resolutionD Pro&ided further that, whene&er the Assembly is dissol&ed, the S%eaer shall not &a$ate his offi$e until immediately before the first meetin! of the Assembly after the dissolution
7B9 Po*er o! te De(#t$ S(ea;er or oter (erson to (er!or& te %#ties o! te o!!ice o!0 or to act as0 S(ea;erG H1 hile the offi$e of S%eaer is &a$ant, the duties of the offi$e shall be %erformed by the e%uty S%eaer or, if the offi$e of e%uty S%eaer is also &a$ant, by su$h member of the Assembly as the ;o&ernor may a%%oint for the %ur%ose H2 urin! the absen$e of the S%eaer from any sittin! of the Assembly the e%uty S%eaer or, if he is also absent, su$h %erson as may be determined by the rules of %ro$edure of the Assembly, or, if no su$h %erson is %resent, su$h other %erson as may be determined by the Assembly, shall a$t as S%eaer
7B79 Te S(ea;er or te De(#t$ S(ea;er not to (resi%e *ile a resol#tion !or is re&o)al !ro& o!!ice is #n%er consi%erationG H1 At any sittin! of the #e!islati&e Assembly, while any resolution for the remo&al of the S%eaer from his offi$e is under $onsideration, the S%eaer, or while any resolution for the remo&al of the e%uty S%eaer from his offi$e is under $onsideration, the e%uty S%eaer, shall not, thou!h he is %resent, %reside, and the
%ro&isions of $lause H2 of arti$le1.0 shall a%%ly in relation to e&ery su$h sittin! as they a%%ly in relation to a sittin! from whi$h the S%eaer or, as the $ase may be, the e%uty S%eaer, is absent H2 The S%eaer shall ha&e the ri!ht to s%ea in, and otherwise to tae %art in the %ro$eedin!s of, the #e!islati&e Assembly while any resolution for his remo&al from offi$e is under $onsideration in the Assembly and shall, notwithstandin! anythin! in arti$le 1./, be entitled to &ote only in the first instan$e on su$h resolution or on any other matter durin! su$h %ro$eedin!s but not in the $ase of an 'uality of &otes
7B:9 Te Cair&an an% De(#t$ Cair&an o! te Legislati)e Co#ncilG The #e!islati&e )oun$il of e&ery State ha&in! su$h )oun$il shall, as soon as may be, $hoose two members of the )oun$il to be res%e$ti&ely )hairman and e%uty )hairman thereof and, so often as the offi$e of )hairman or e%uty )hairman be$omes &a$ant, the )oun$il shall $hoose another member to be )hairman or e%uty )hairman, as the $ase may be
7B69 +acation an% resignation o!0 an% re&o)al !ro&0 te o!!ices o! Cair&an an% De(#t$ Cair&anG A member holdin! offi$e as )hairman or e%uty )hairman of a #e!islati&e )oun$ilG Ha shall &a$ate his offi$e if he $eases to be a member of the )oun$ilE Hb may at any time by writin! under his hand addressed, if su$h member is the )hairman, to the e%uty )hairman, and if su$h member is the e%uty )hairman, to the )hairman, resi!n his offi$eE and H$ may be remo&ed from his offi$e by a resolution of the )oun$il %assed by a ma5ority of all the then members of the )oun$ilD Pro&ided that no resolution for the %ur%ose of $lause H$ shall be mo&ed unless at least fourteen days: noti$e has been !i&en of the intention to mo&e the resolution
7B89 Po*er o! te De(#t$ Cair&an or oter (erson to (er!or& te %#ties o! te o!!ice o!0 or to act as0 Cair&anG H1 hile the offi$e of )hairman is &a$ant, the duties of the offi$e shall be %erformed by the e%uty )hairman or, if the offi$e of e%uty )hairman is also &a$ant, by su$h member of the )oun$il as the ;o&ernor may a%%oint for the %ur%ose H2 urin! the absen$e of the )hairman from any sittin! of the )oun$il the e%uty )hairman or, if he is also absent, su$h %erson as may be determined by the rules of %ro$edure of the )oun$il, or, if
no su$h %erson is %resent, su$h other %erson as may be determined by the )oun$il, shall a$t as )hairman
7B>9 Te Cair&an or te De(#t$ Cair&an not to (resi%e *ile a resol#tion !or is re&o)al !ro& o!!ice is #n%er consi%erationG H1 At any sittin! of the #e!islati&e )oun$il, while any resolution for the remo&al of the )hairman from his offi$e is under $onsideration, the )hairman, or while any resolution for the remo&al of the e%uty )hairman from his offi$e is under $onsideration, the e%uty )hairman, shall not, thou!h he is %resent, %reside, and the %ro&isions of $lause H2 of arti$le 1." shall a%%ly in relation to e&ery su$h sittin! as they a%%ly in relation to a sittin! from whi$h the )hairman or, as the $ase may be, the e%uty )hairman is absent H2 The )hairman shall ha&e the ri!ht to s%ea in, and otherwise to tae %art in the %ro$eedin!s of, the #e!islati&e )oun$il while any resolution for his remo&al from offi$e is under $onsideration in the )oun$il and shall, notwithstandin! anythin! in arti$le 1./, be entitled to &ote only in the first instan$e on su$h resolution or on any other matter durin! su$h %ro$eedin!s but not in the $ase of an e'uality of &otes
7B@9 Salaries an% allo*ances o! te S(ea;er an% De(#t$ S(ea;er an% te Cair&an an% De(#t$ Cair&anG There shall be %aid to the S%eaer and the e%uty S%eaer of the #e!islati&e Assembly, and to the )hairman and the e%uty )hairman of the #e!islati&e )oun$il, su$h salaries and allowan$es as may be res%e$ti&ely fied by the #e!islature of the State by law and, until %ro&ision in that behalf is so made, su$h salaries and allowan$es as are s%e$ified in the Se$ond S$hedule
7B9 Secretariat o! State Legislat#reG H1 The
Conduct of 5usiness 7BB9 Oat or a!!ir&ation /$ &e&/ersG &ery member of the #e!islati&e Assembly or the #e!islati&e )oun$il of a State shall, before tain! his seat, mae and subs$ribe before the ;o&ernor, or some %erson a%%ointed in that behalf by him, an oath or affirmation a$$ordin! to the form set out for the %ur%ose in the Third S$hedule
7B9 +oting in Ho#ses0 (o*er o! Ho#ses to act not*itstan%ing )acancies an% "#or#&G H1 Sa&e as otherwise %ro&ided in this )onstitution, all 'uestions at any sittin! of a
9isualifications of 3embers 79 +acation o! seatsG H1 No %erson shall be a member of both
Ha be$omes sub5e$t to any of the dis'ualifi$ations mentioned in $lause H1 or $lause H2 of arti$le 1/1E or Hb resi!ns his seat by writin! under his hand addressed to the S%eaer or the )hairman, as the $ase may be, and his resi!nation is a$$e%ted by the S%eaer or the )hairman, as the $ase may be, his seat shall thereu%on be$omes &a$antD Pro&ided that in the $ase of any resi!nation referred to in sub8 $lause Hb, if from information re$ei&ed or otherwise and after main! su$h in'uiry as he thins fit, the S%eaer or the )hairman, as the $ase may be, is satisfied that su$h resi!nation is not &oluntary or !enuine, he shall not a$$e%t su$h resi!nation H" If for a %eriod of sity days a member of a
779 Dis"#ali!ications !or &e&/ersi(G H1 A %erson shall be dis'ualified for bein! $hosen as, and for bein!, a member of the #e!islati&e Assembly or #e!islati&e )oun$il of a StateG Ha if he holds any offi$e of %rofit under the ;o&ernment of India or the ;o&ernment of any State s%e$ified in the First S$hedule, other than an offi$e de$lared by the #e!islature of the State by law not to dis'ualify its holderE Hb if he is of unsound mind and stands so de$lared by a $om%etent $ourtE H$ if he is an undis$har!ed insol&entE Hd if he is not a $iti*en of India, or has &oluntarily a$'uired the $iti*enshi% of a forei!n State, or is under any a$nowled!ement of alle!ian$e or adheren$e to a forei!n StateE He if he is so dis'ualified by or under any law made by Parliament 6xplanation GFor the %ur%oses of this $lause, a %erson shall not be deemed to hold an offi$e of %rofit under the ;o&ernment of India or the ;o&ernment of any State s%e$ified in the First S$hedule by reason only that he is a 7inister either for the Union or for su$h State H2 A %erson shall be dis'ualified for bein! a member of the #e!islati&e Assembly or #e!islati&e )oun$il of a State if he is so dis'ualified under the Tenth S$hedule
7:9 Decision on "#estions as to %is"#ali!ications o! &e&/ers G H1 If any 'uestion arises as to whether a member of a
shall be referred for the de$ision of the ;o&ernor and his de$ision shall be final H2 efore !i&in! any de$ision on any su$h 'uestion, the ;o&ernor shall obtain the o%inion of the le$tion )ommission and shall a$t a$$ordin! to su$h o%inion
769 Penalt$ !or sitting an% )oting /e!ore &a;ing oat or a!!ir&ation #n%er article 7BB or *en not "#ali!ie% or *en %is"#ali!ie%G If a %erson sits or &otes as a member of the #e!islati&e Assembly or the #e!islati&e )oun$il of a State before he has $om%lied with the re'uirements of arti$le 1.., or when he nows that he is not 'ualified or that he is dis'ualified for membershi% thereof, or that he is %rohibited from so doin! by the %ro&isions of any law made by Parliament or the #e!islature of the State, he shall be liable in res%e$t of ea$h day on whi$h he so sits or &otes to a %enalty of fi&e hundred ru%ees to be re$o&ered as a debt due to the State
/o#ers, /rivile+es and mmunities of 4tate 8e+islatures and their 3embers 789 Po*ers0 (ri)ileges0 etc 90 o! te Ho#se o! Legislat#res an% o! te &e&/ers an% co&&ittees tereo! G H1 Sub5e$t to the %ro&isions of this )onstitution and to the rules and standin! orders re!ulatin! the %ro$edure of the #e!islature, there shall be freedom of s%ee$h in the #e!islature of e&ery State H2 No member of the #e!islature of a State shall be liable to any %ro$eedin!s in any $ourt in res%e$t of anythin! said or any &ote !i&en by him in the #e!islature or any $ommittee thereof, and no %erson shall be so liable in res%e$t of the %ubli$ation by or under the authority of a
7>9 Salaries an% allo*ances o! &e&/ersG 7embers of the #e!islati&e Assembly and the #e!islati&e )oun$il of a State shall be entitled to re$ei&e su$h salaries and allowan$es as may from time to time be determined, by the #e!islature of the State
by law and, until %ro&ision in that res%e$t is so made, salaries and allowan$es at su$h rates and u%on su$h $onditions as were immediately before the $ommen$ement of the )onstitution a%%li$able in the $ase of members of the #e!islati&e Assembly of the $orres%ondin! %ro&in$e
8e+islative /rocedure 7@9 Pro)isions as to intro%#ction an% (assing o! .illsG H1 Sub5e$t to the %ro&isions of arti$les 1/. and 20- with res%e$t to 7oney ills and other finan$ial ills, a ill may ori!inate in either
79 Restriction on (o*ers o! Legislati)e Co#ncil as to .ills oter tan Mone$ .illsG H1 If after a ill has been %assed by the #e!islati&e Assembly of a State ha&in! a #e!islati&e )oun$il and transmitted to the #e!islati&e )oun$ilG Ha the ill is re5e$ted by the )oun$ilE or Hb more than three months ela%se from the date on whi$h the ill is laid before the )oun$il without the ill bein! %assed by itE or H$ the ill is %assed by the )oun$il with amendments to whi$h the #e!islati&e Assembly does not a!reeE the #e!islati&e Assembly may, sub5e$t to the rules re!ulatin! its %ro$edure, %ass the ill a!ain in the same or in any subse'uent session with or without su$h amendments, if any, as ha&e been made, su!!ested or a!reed to by the #e!islati&e )oun$il and then transmit the ill as so %assed to the #e!islati&e )oun$il H2 If after a ill has been so %assed for the se$ond time by the #e!islati&e Assembly and transmitted to the #e!islati&e )oun$ilG Ha the ill is re5e$ted by the )oun$ilE or Hb more than one month ela%ses from the date on whi$h the ill is laid before the )oun$il without the ill bein! %assed by itE or H$ the ill is %assed by the )oun$il with amendments to whi$h the #e!islati&e Assembly does not a!reeE
the ill shall be deemed to ha&e been %assed by the
7B9 S(ecial (roce%#re in res(ect o! Mone$ .illsG H1 A 7oney ill shall not be introdu$ed in a #e!islati&e )oun$il H2 After a 7oney ill has been %assed by the #e!islati&e Assembly of a State ha&in! a #e!islati&e )oun$il, it shall be transmitted to the #e!islati&e )oun$il for its re$ommendations, and the #e!islati&e )oun$il shall within a %eriod of fourteen days from the date of its re$ei%t of the ill return the ill to the #e!islati&e Assembly with its re$ommendations, and the #e!islati&e Assembly may thereu%on either a$$e%t or re5e$t all or any of the re$ommendations of the #e!islati&e )oun$il H3 If the #e!islati&e Assembly a$$e%ts any of the re$ommendations of the #e!islati&e )oun$il, the 7oney ill shall be deemed to ha&e been %assed by both
79 De!inition o! Mone$ .illsG H1 For the %ur%oses of this )ha%ter, a ill shall be deemed to be a 7oney ill if it $ontains only %ro&isions dealin! with all or any of the followin! matters, namelyDG Ha the im%osition, abolition, remission, alteration or re!ulation of any taE Hb the re!ulation of the borrowin! of money or the !i&in! of any !uarantee by the State, or the amendment of the law with res%e$t to any finan$ial obli!ations undertaen or to be undertaen by the StateE H$ the $ustody of the )onsolidated Fund or the )ontin!en$y Fund of the State, the %ayment of moneys into or the withdrawal of moneys from any su$h FundE Hd the a%%ro%riation of moneys out of the )onsolidated Fund of the StateE
He the de$larin! of any e%enditure to be e%enditure $har!ed on the )onsolidated Fund of the State, or the in$reasin! of the amount of any su$h e%enditureE Hf the re$ei%t of money on a$$ount of the )onsolidated Fund of the State or the %ubli$ a$$ount of the State or the $ustody or issue of su$h moneyE or H! any matter in$idental to any of the matters s%e$ified in sub8$lauses Ha to Hf H2 A ill shall not be deemed to be a 7oney ill by reason only that it %ro&ides for the im%osition of fines or other %e$uniary %enalties, or for the demand or %ayment of fees for li$en$es or fees for ser&i$es rendered, or by reason that it %ro&ides for the im%osition, abolition, remission, alteration or re!ulation of any ta by any lo$al authority or body for lo$al %ur%oses H3 If any 'uestion arises whether a ill introdu$ed in the #e!islature of a State whi$h has a #e!islati&e )oun$il is a 7oney ill or not, the de$ision of the S%eaer of the #e!islati&e Assembly of su$h State thereon shall be final H" There shall be endorsed on e&ery 7oney ill when it is transmitted to the #e!islati&e )oun$il under arti$le 1/., and when it is %resented to the ;o&ernor for assent under arti$le 200, the $ertifi$ate of the S%eaer of the #e!islati&e Assembly si!ned by him that it is a 7oney ill
:9 Assent to .illsG hen a ill has been %assed by the #e!islati&e Assembly of a State or, in the $ase of a State ha&in! a #e!islati&e )oun$il, has been %assed by both
:79 .ills reser)e% !or consi%eration9<
hen a ill is reser&ed by a ;o&ernor for the $onsideration of the President, the President shall de$lare either that he assents to the ill or that he withholds assent therefromD Pro&ided that, where the ill is not a 7oney ill, the President may dire$t the ;o&ernor to return the ill to the
/rocedure in 'inancial 3atters ::9 Ann#al !inancial state&entG H1 The ;o&ernor shall in res%e$t of e&ery finan$ial year $ause to be laid before the annual finan$ial statement> H2 The estimates of e%enditure embodied in the annual finan$ial statement shall show se%aratelyG Ha the sums re'uired to meet e%enditure des$ribed by this )onstitution as e%enditure $har!ed u%on the )onsolidated Fund of the StateE and Hb the sums re'uired to meet other e%enditure %ro%osed to be made from the )onsolidated Fund of the StateE and shall distin!uish e%enditure on re&enue a$$ount from other e%enditure H3 The followin! e%enditure shall be e%enditure $har!ed on the )onsolidated Fund of ea$h StateG Ha the emoluments and allowan$es of the ;o&ernor and other e%enditure relatin! to his offi$eE Hb the salaries and allowan$es of the S%eaer and the e%uty S%eaer of the #e!islati&e Assembly and, in the $ase of State ha&in! a #e!islati&e )oun$il, also of the )hairman and the e%uty )hairman of the #e!islati&e )oun$ilE H$ debt $har!es for whi$h the State is liable in$ludin! interest, sinin! fund $har!es and redem%tion $har!es, and other e%enditure relatin! to the raisin! of loans and the ser&i$e and redem%tion of debtE Hd e%enditure in res%e$t of the salaries and allowan$es of =ud!es of any
:69 Proce%#re in Legislat#re *it res(ect to esti&atesG H1 So mu$h of the estimates as relates to e%enditure $har!ed u%on the )onsolidated Fund of a State shall not be submitted to the &ote of the #e!islati&e Assembly, but nothin! in this $lause shall be $onstrued as %re&entin! the dis$ussion in the #e!islature of any of those estimates H2 So mu$h of the said estimates as relates to other e%enditure shall be submitted in the form of demands for !rants to the #e!islati&e Assembly, and the #e!islati&e Assembly shall ha&e %ower to assent, or to refuse to assent, to any demand, or to assent to any demand sub5e$t to a redu$tion of the amount s%e$ified therein H3 No demand for a !rant shall be made e$e%t on the re$ommendation of the ;o&ernor
:89 A((ro(riation .illsG H1 As soon as may be after the !rants under arti$le 203 ha&e been made by the Assembly, there shall be introdu$ed a ill to %ro&ide for the a%%ro%riation out of the )onsolidated Fund of the State of all moneys re'uired to meetG Ha the !rants so made by the AssemblyE and Hb the e%enditure $har!ed on the )onsolidated Fund of the State but not e$eedin! in any $ase the amount shown in the statement %re&iously laid before the
:>9 S#((le&entar$0 a%%itional or e'cess grantsG H1 The ;o&ernor shallG Ha if the amount authorised by any law made in a$$ordan$e with the %ro&isions of arti$le 20" to be e%ended for a %arti$ular ser&i$e for the $urrent finan$ial year is found to be insuffi$ient for the %ur%oses of that year or when a need has arisen durin! the $urrent finan$ial year for su%%lementary or additional e%enditure u%on some new ser&i$e not $ontem%lated in the annual finan$ial statement for that year, or Hb if any money has been s%ent on any ser&i$e durin! a finan$ial year in e$ess of the amount !ranted for that ser&i$e and for that year, $ause to be laid before the
:@9 +otes on acco#nt0 )otes o! cre%it an% e'ce(tional grants G H1 Notwithstandin! anythin! in the fore!oin! %ro&isions of this )ha%ter, the #e!islati&e Assembly of a State shall ha&e %owerG Ha to mae any !rant in ad&an$e in res%e$t of the estimated e%enditure for a %art of any finan$ial year %endin! the $om%letion of the %ro$edure %res$ribed in arti$le 203 for the &otin! of su$h !rant and the %assin! of the law in a$$ordan$e with the %ro&isions of arti$le 20" in relation to that e%enditureE Hb to mae a !rant for meetin! an une%e$ted demand u%on the resour$es of the State when on a$$ount of the ma!nitude or the indefinite $hara$ter of the ser&i$e the demand $annot be stated with the details ordinarily !i&en in an annual finan$ial statementE H$ to mae an e$e%tional !rant whi$h forms no %art of the $urrent ser&i$e of any finan$ial year, and the #e!islature of the State shall ha&e %ower to authorise by law the withdrawal of moneys from the )onsolidated Fund of the State for the %ur%oses for whi$h the said !rants are made H2 The %ro&isions of arti$les 203 and 20" shall ha&e effe$t in relation to the main! of any !rant under $lause H1 and to any law to be made under that $lause as they ha&e effe$t in relation to the main! of a !rant with re!ard to any e%enditure mentioned in the annual finan$ial statement and the law to be made for the authorisation of a%%ro%riation of moneys out of the )onsolidated Fund of the State to meet su$h e%enditure
:9 S(ecial (ro)isions as to !inancial .illsG H1 A ill or amendment main! %ro&ision for any of the matters s%e$ified in sub8$lauses Ha to Hf of $lause H1 of arti$le 1// shall not be introdu$ed or mo&ed e$e%t on the re$ommendation of the ;o&ernor, and a ill main! su$h %ro&ision shall not be introdu$ed in a #e!islati&e )oun$ilD
Pro&ided that no re$ommendation shall be re'uired under this $lause for the mo&in! of an amendment main! %ro&ision for the redu$tion or abolition of any ta H2 A ill or amendment shall not be deemed to mae %ro&ision for any of the matters aforesaid by reason only that it %ro&ides for the im%osition of fines or other %e$uniary %enalties, or for the demand or %ayment of fees for li$en$es or fees for ser&i$es rendered, or by reason that it %ro&ides for the im%osition, abolition, remission, alteration or re!ulation of any ta by any lo$al authority or body for lo$al %ur%oses H3 A ill whi$h, if ena$ted and brou!ht into o%eration, would in&ol&e e%enditure from the )onsolidated Fund of a State shall not be %assed by a
/rocedure 2enerally :B9 R#les o! (roce%#reG H1 A
:9 Reg#lation /$ la* o! (roce%#re in te Legislat#re o! te State in relation to !inancial /#sinessG The #e!islature of a State may, for the %ur%ose of the timely $om%letion of finan$ial business, re!ulate by law the %ro$edure of, and the $ondu$t of business in, the
:79 Lang#age to /e #se% in te Legislat#reG H1 Notwithstandin! anythin! in Part @4II, but sub5e$t to the %ro&isions of arti$le 3"., business in the #e!islature of a State shall be transa$ted in the offi$ial lan!ua!e or lan!ua!es of the State or in or in n!lish> were omitted here fromD Pro&ided that in relation to the #e!islatures of the States of fifteen years> o$$urrin! therein, the words >twenty8fi&e years> were substitutedD Pro&ided further that in relation to the #e!islature of the States of Aruna$hal Pradesh, ;oa and 7i*oram, this $lause shall ha&e effe$t as if for the words >fifteen years> o$$urrin! therein, the words >forty years> were substituted
:779 Restriction on %isc#ssion in te Legislat#reG No dis$ussion shall tae %la$e in the #e!islature of a State with res%e$t to the $ondu$t of any =ud!e of the Su%reme )ourt or of a
:7:9 Co#rts not to in"#ire into (rocee%ings o! te Legislat#re G H1 The &alidity of any %ro$eedin!s in the #e!islature of a State shall not be $alled in 'uestion on the !round of any alle!ed irre!ularity of %ro$edure H2 No offi$er or member of the #e!islature of a State in whom %owers are &ested by or under this )onstitution for re!ulatin! %ro$edure or the $ondu$t of business, or for maintainin! order, in the #e!islature shall be sub5e$t to the 5urisdi$tion of any $ourt in res%e$t of the eer$ise by him of those %owers
)
Pro&ided that the ;o&ernor shall not, without instru$tions from the President, %romul!ate any su$h 6rdinan$e ifG Ha a ill $ontainin! the same %ro&isions would under this )onstitution ha&e re'uired the %re&ious san$tion of the President for the introdu$tion thereof into the #e!islatureE or Hb he would ha&e deemed it ne$essary to reser&e a ill $ontainin! the same %ro&isions for the $onsideration of the PresidentE or H$ an A$t of the #e!islature of the State $ontainin! the same %ro&isions would under this )onstitution ha&e been in&alid unless, ha&in! been reser&ed for the $onsideration of the President, it had re$ei&ed the assent of the President H2 An 6rdinan$e %romul!ated under this arti$le shall ha&e the same for$e and effe$t as an A$t of #e!islature of the State assented to by the ;o&ernor, but e&ery su$h 6rdinan$eG Ha shall be laid before the #e!islati&e Assembly of the State, or where there is a #e!islati&e )oun$il in the State, before both the
)
:7>9 Hig Co#rts to /e co#rts o! recor%G
&ery
:7@9 Constit#tion o! Hig Co#rtsG &ery
:79 A((oint&ent an% con%itions o! te o!!ice o! a 2#%ge o! a Hig Co#rtG H1 &ery =ud!e of a
Hb in $om%utin! the %eriod durin! whi$h a %erson has held 5udi$ial offi$e in the territory of India or been an ad&o$ate of
:7B9 A((lication o! certain (ro)isions relating to S#(re&e Co#rt to Hig Co#rtsG The %ro&isions of $lauses H" and H( of arti$le 12" shall a%%ly in relation to a
:79 Oat or a!!ir&ation /$ 2#%ges o! Hig Co#rtsG &ery %erson a%%ointed to be a =ud!e of a
::9 Restriction on (ractice a!ter /eing a (er&anent 2#%geG No %erson who, after the $ommen$ement of this )onstitution, has held offi$e as a %ermanent =ud!e of a does not in$lude a
::79 Salaries0 etc 90 o! 2#%gesG H1 There shall be %aid to the =ud!es of ea$h
until so determined, to su$h allowan$es and ri!hts as are s%e$ified in the Se$ond S$heduleD Pro&ided that neither the allowan$es of a =ud!e nor his ri!hts in res%e$t of lea&e of absen$e shall be &aried to his disad&anta!e after his a%%ointment
:::9 Trans!er o! a 2#%ge !ro& one Hig Co#rt to anoterG H1 The President may, after $onsultation with the )hief =usti$e of India, transfer a =ud!e from one
::69 A((oint&ent o! acting Cie! 2#sticeG hen the offi$e of )hief =usti$e of a
::89 A((oint&ent o! a%%itional an% acting 2#%gesG H1 If by reason of any tem%orary in$rease in the business of
::8A9 A((oint&ent o! retire% 2#%ges at sittings o! Hig Co#rts G Notwithstandin! anythin! in this )ha%ter, the )hief =usti$e of a
re'uested shall, while so sittin! and a$tin!, be entitled to su$h allowan$es as the President may by order determine and ha&e all the 5urisdi$tion, %owers and %ri&ile!es of, but shall not otherwise be deemed to be, a =ud!e of that
::>9 2#ris%iction o! e'isting Hig Co#rtsG Sub5e$t to the %ro&isions of this )onstitution and to the %ro&isions of any law of the a%%ro%riate #e!islature made by &irtue of %owers $onferred on that #e!islature by this )onstitution, the 5urisdi$tion of, and the law administered in, any eistin!
::@9 Po*er o! Hig Co#rts to iss#e certain *ritsG H1 Notwithstandin! anythin! in arti$le 32 JJJ e&ery
maes an a%%li$ation to the
::@A9 Constit#tional )ali%it$ o! Central la*s not to /e consi%ere% in (rocee%ings #n%er Article ::@9 G Rep. by the Constitution ('orty-second Amendment) Act, 1!!, sec. (#.e.f. 1.&.1!)
::9 Po*er o! s#(erinten%ence o)er all co#rts /$ te Hig Co#rtG H1 &ery
::B9 Trans!er o! certain cases to Hig Co#rtG If the
ne$essary for the dis%osal of the $ase, it shall withdraw the $ase and JJJ mayG Ha either dis%ose of the $ase itself, or Hb determine the said 'uestion of law and return the $ase to the $ourt from whi$h the $ase has been so withdrawn to!ether with a $o%y of its 5ud!ment on su$h 'uestion, and the said $ourt shall on re$ei%t thereof %ro$eed to dis%ose of the $ase in $onfirmity with su$h 5ud!ment
::BA9 S(ecial (ro)isions as to %is(osal o! "#estion relating to constit#tional )ali%it$ o! State La*s9 G Rep. by the Constitution ('orty-third Amendment) Act, 1!!, sec. 1, (#.e.f. 1-&-1!).
::9 O!!icers an% ser)ants an% te e'(enses o! Hig Co#rts9 G H1 A%%ointments of offi$ers and ser&ants of a
:69 E'tension o! #ris%iction o! Hig Co#rts to Union territories9 G H1 Parliament may by law etend the 5urisdi$tion of a
Hb the referen$e in arti$le 22- to the ;o&ernor shall, in relation to any rules, forms or tables for subordinate $ourts in that territory, be $onstrued as a referen$e to the President
:679 Esta/lis&ent o! a co&&on Hig Co#rt !or t*o or &ore States9 G H1 Notwithstandin! anythin! $ontained in the %re$edin! %ro&isions of this )ha%ter, Parliament may by law establish a $ommon
)
:66A9 +ali%ation o! a((oint&ents o!0 an% #%g&ents0 etc 90 %eli)ere% /$0 certain %istrict #%gesG Notwithstandin! any 5ud!ment, de$ree or order of any $ourt,G Ha Hi no a%%ointment of any %erson already in the 5udi$ial ser&i$e of a State or of any %erson who has been for not less than se&en years an ad&o$ate or a %leader, to be a distri$t 5ud!e in that State, and Hii no %ostin!, %romotion or transfer of any su$h %erson as a distri$t 5ud!e, made at any time before the $ommen$ement of
the )onstitution HTwentieth Amendment A$t, 1/++, otherwise than in a$$ordan$e with the %ro&isions of arti$le 233 or arti$le 23( shall be deemed to be ille!al or &oid or e&er to ha&e be$ome ille!al or &oid by reason only of the fa$t that su$h a%%ointment, %ostin!, %romotion or transfer was not made in a$$ordan$e with the said %ro&isionsE Hb no 5urisdi$tion eer$ised, no 5ud!ment, de$ree, senten$e or order %assed or made, and no other a$t or %ro$eedin! done or taen, before the $ommen$ement of the )onstitution HTwentieth Amendment A$t, 1/++ by, or before, any %erson a%%ointed, %osted, %romoted or transferred as a distri$t 5ud!e in any State otherwise than in a$$ordan$e with the %ro&isions of arti$le 233 or arti$le 23( shall be deemed to be ille!al or in&alid or e&er to ha&e be$ome ille!al or in&alid by reason only of the fa$t that su$h a%%ointment, %ostin!, %romotion or transfer was not made in a$$ordan$e with the said %ro&isions
:689 Recr#it&ent o! (ersons oter tan %istrict #%ges to te #%icial ser)iceG A%%ointment of %ersons other than distri$t 5ud!es to the 5udi$ial ser&i$e of a State shall be made by the ;o&ernor of the State in a$$ordan$e with rules made by him in that behalf after $onsultation with the State Publi$ Ser&i$e )ommission and with the
:6>9 Control o)er s#/or%inate co#rtsG The $ontrol o&er distri$t $ourts and $ourts subordinate thereto in$ludin! the %ostin! and %romotion of, and the !rant of lea&e to, %ersons belon!in! to the 5udi$ial ser&i$e of a State and holdin! any %ost inferior to the %ost of distri$t 5ud!e shall be &ested in the
:6@9 Inter(retationG In this )ha%terG Ha the e%ression >distri$t 5ud!e> in$ludes 5ud!e of a $ity $i&il $ourt, additional distri$t 5ud!e, 5oint distri$t 5ud!e, assistant distri$t 5ud!e, $hief 5ud!e of a small $ause $ourt, $hief %residen$y ma!istrate, additional $hief %residen$y ma!istrate, sessions 5ud!e, additional sessions 5ud!e and assistant sessions 5ud!eE Hb the e%ression >5udi$ial ser&i$e> means a ser&i$e $onsistin! e$lusi&ely of %ersons intended to fill the %ost of distri$t 5ud!e and other $i&il 5udi$ial %osts inferior to the %ost of distri$t 5ud!e
:69 A((lication o! te (ro)isions o! tis Ca(ter to certain class or classes o! &agistratesG The ;o&ernor may by %ubli$ notifi$ation dire$t that the fore!oin! %ro&isions of this )ha%ter and any rules made thereunder shall with effe$t from su$h date as may be fied by him in that behalf a%%ly in relation to any $lass or $lasses of ma!istrates in the State as they a%%ly in relation to %ersons a%%ointed to the 5udi$ial ser&i$e of the State sub5e$t to su$h e$e%tions and modifi$ations as may be s%e$ified in the notifi$ation PART +II9
/ART 0 THE UNION TERRITORIES :69 A%&inistration o! Union territoriesG H1 Sa&e as otherwise %ro&ided by Parliament by law, e&ery Union territory shall be administered by the President a$tin!, to su$h etent as he thins fit, throu!h an administrator to be a%%ointed by him with su$h desi!nation as he may s%e$ify H2 Notwithstandin! anythin! $ontained in Part 4I, the President may a%%oint the ;o&ernor of a State as the administrator of an ad5oinin! Union territory, and where a ;o&ernor is so a%%ointed, he shall eer$ise his fun$tions as su$h administrator inde%endently of his )oun$il of 7inisters
:6A9 Creation o! local Legislat#res or Co#ncil o! Ministers or /ot !or certain Union territoriesG H1 Parliament may by law $reate for the Union territory of Pondi$herryG Ha a body, whether ele$ted or %artly nominated and %artly ele$ted, to fun$tion as a #e!islature for the Union territory, or Hb a )oun$il of 7inisters, or both with su$h )onstitution, %owers and fun$tions, in ea$h $ase, as may be s%e$ified in the law H2 Any su$h law as is referred to in $lause H1 shall not be deemed to be an amendment of this )onstitution for the %ur%oses of arti$le 3+. notwithstandin! that it $ontains any %ro&ision whi$h amends or has the effe$t of amendin! this )onstitution
:6AA9 S(ecial (ro)isions *it res(ect to Deli9 G H1 As from the date of $ommen$ement of the )onstitution HSity8 ninth Amendment A$t, 1//1, the Union territory of elhi shall be $alled the National )a%ital Territory of elhi Hhereafter in this Part referred to as the National )a%ital Territory and the administrator thereof a%%ointed under arti$le 23/ shall be desi!nated as the #ieutenant ;o&ernor
H2 Ha There shall be a #e!islati&e Assembly for the National )a%ital Territory and the seats in su$h Assembly shall be filled by members $hosen by dire$t ele$tion from territorial $onstituen$ies in the National )a%ital Territory Hb The total number of seats in the #e!islati&e Assembly, the number of seats reser&ed for S$heduled )astes, the di&ision of the National )a%ital Territory into territorial $onstituen$ies Hin$ludin! the basis for su$h di&ision and all other matters relatin! to the fun$tionin! of the #e!islati&e Assembly shall be re!ulated by law made by Parliament H$ The %ro&isions of arti$les 32" to 32- and 32/ shall a%%ly in relation to the National )a%ital Territory, the #e!islati&e Assembly of the National )a%ital Territory and the members thereof as they a%%ly, in relation to a State, the #e!islati&e Assembly of a State and the members thereof res%e$ti&elyE and my referen$e in arti$les 32+ and 32/ to >a%%ro%riate #e!islature> shall be deemed to be a referen$e to Parliament H3 Ha Sub5e$t to the %ro&isions of this )onstitution, the #e!islati&e Assembly shall ha&e %ower to mae laws for the whole or any %art of the National )a%ital Territory with res%e$t to any of the matters enumerated in the State #ist or in the )on$urrent #ist in so far as any su$h matter is a%%li$able to Union territories e$e%t matters with res%e$t to ntries 1, 2 and 1. of the State #ist and ntries +", +( and ++ of that #ist in so far as they relate to the said ntries 1, 2, and 1. Hb Nothin! in sub8$lause Ha shall dero!ate from the %owers of Parliament under this )onstitution to mae laws with res%e$t to any matter for a Union territory or any %art thereof H$ If any %ro&ision of a law made by the #e!islati&e Assembly with res%e$t to any matter is re%u!nant to any %ro&ision of a law made by Parliament with res%e$t to that matter, whether %assed before or after the law made by the #e!islati&e Assembly, or of an earlier law, other than a law made by the #e!islati&e Assembly, then, in either $ase, the law made by Parliament, or, as the $ase may be, su$h earlier law, shall %re&ial and the law made by the #e!islati&e Assembly shall, to the etent of the re%u!nan$y, be &oidD Pro&ided that if any su$h law made by the #e!islati&e Assembly has been reser&ed for the $onsideration of the President and has re$ei&ed his assent, su$h law shall %re&ail in the National )a%ital TerritoryD Pro&ided further that nothin! in this sub8$lause shall %re&ent Parliament from ena$tin! at any time any law with res%e$t to the same matter in$ludin! a law addin! to, amendin!, &aryin! or re%ealin! the law so made by the #e!islati&e Assembly H" There shall be a )oun$il of 7inisters $onsistin! of not more than ten %er $ent of the total number of members in the #e!islati&e Assembly, with the )hief 7inister at the head to aid and ad&ise the #ieutenant ;o&ernor in the eer$ise of his fun$tions in relation to matters with res%e$t to whi$h the #e!islati&e Assembly has %ower to mae laws, e$e%t in so far as he is, by or under any law, re'uired to a$t in his dis$retionD
Pro&ided that in the $ase of differen$e of o%inion between the #ieutenant ;o&ernor and his 7inisters on any matter, the #ieutenant ;o&ernor shall refer it to the President for de$ision and a$t a$$ordin! to the de$ision !i&en thereon by the President and %endin! su$h de$ision it shall be $om%etent for the #ieutenant ;o&ernor in any $ase where the matter, in his o%inion, is so ur!ent that it is ne$essary for him to tae immediate a$tion, to tae su$h a$tion or to !i&en su$h dire$tion in the matter as he deems ne$essary H( The )hief 7inister shall be a%%ointed by the President and the other 7inisters shall be a%%ointed by the President on the ad&i$e of the )hief 7inister and the 7inisters shall hold offi$e durin! the %leasure of the President H+ The )oun$il of 7inisters shall be $olle$ti&ely res%onsible to the #e!islati&e assembly H- Ha Parliament may, by law, mae %ro&isions for !i&in! effe$t to, or su%%lementin! the %ro&isions $ontained in the fore!oin! $lauses and for all matters in$idental or $onse'uential thereto Hb Any su$h law as is referred to in sub8$lause Ha shall not be deemed to be an amendment of this )onstitution for the %ur%oses of arti$le 3+. notwithstandin! that it $ontains any %ro&ision whi$h amends or has the effe$t of amendin!, this )onstitution H. The %ro&isions of arti$le 23/ shall, so far as may be, a%%ly in relation to the National )a%ital Territory, the #ieutenant ;o&ernor and the #e!islati&e Assembly, as they a%%ly in relation to the Union territory of Pondi$herry, the administrator and its #e!islature, res%e$ti&elyE and any referen$e in that arti$le to >$lause H1 fo arti$le 23/A> shall be deemed to be a referen$e to this arti$le or arti$le 23/A, as the $ase may be
:6A.9 Pro)isions in case o! !ail#re o! constit#tional &aciner$9< If the President, on r$ei%t of a re%ort from the #ieutenant ;o&ernor or otherwise, is satisfiedG Ha that a situation has arisen in whi$h the administration of the National )a%ital Territory $annot be $arried on in a$$ordan$e with the %ro&isions or arti$le 23/AA or of any law made in %ursuan$e of that arti$leE or Hb that for the %ro%er administration of the National )a%ital Territory it is ne$essary or e%edient so to do, the President may by order sus%end the o%eration of any %ro&ision of arti$le 23/AA or of all or any of the %ro&isions of any law made in %ursuan$e of that arti$le for su$h %eriod and sub5e$t to su$h $onditions as may be s%e$ified in su$h law and mae su$h in$idental and $onse'uential %ro&isions as may a%%ear to him to be ne$essary or e%edient for administerin! the National )a%ital Territory in a$$ordan$e with the %ro&isions of arti$le 23/ and arti$le 23/AA
:6.9 Po*er o! a%&inistrator to (ro&#lgate Or%inances %#ring recess o! Legislat#reG H1 If at any time, e$e%t when the #e!islature of the Union territory of Pondi$herry is in session, the administrator thereof is satisfied that $ir$umstan$es eist whi$h render it ne$essary for him to tae immediate a$tion, he may %romul!ate su$h 6rdinan$es as the $ir$umstan$es a%%ear to him to re'uireD Pro&ided that no su$h 6rdinan$e shall be %romul!ated by the administrator e$e%t after obtainin! instru$tions from the President in that behalfD Pro&ided further that whene&er the said le!islature is dissol&ed, or its fun$tionin! from the President shall be deemed to be an A$t of the #e!islature of the Union territory whi$h has been duly ena$ted after $om%lyin! with the %ro&isions in that behalf $ontained in any su$h law as is referred to in $lause H1 of arti$le 23/A, the administrator shall not %romul!ate any 6rdinan$e durin! the %eriod of su$h dissolution or sus%ension H2 An 6rdinan$e %romul!ated under this arti$le in %ursuan$e of instru$tions from the President shall be deemed to be an A$t of the #e!islature of the Union territory whi$h has been duly ena$ted after $om%lyin! with the %ro&isions in that behalf $ontained in any su$h law as is referred to in $lause H1 of arti$le 23/A, but e&ery su$h 6rdinan$eG Ha shall be laid before the #e!islature of the Union territory and shall $ease to o%erate at the e%iration of si wees from the reassembly of the #e!islature or if, before the e%iration of that %eriod, a resolution disa%%ro&in! it is %assed by the #e!islature, u%on the %assin! of the resolutionE and Hb may be withdrawn at any time by the administrator after obtainin! instru$tions from the President in that behalf H3 If and so far as an 6rdinan$e under this arti$le maes any %ro&ision whi$h would not be &alid if ena$ted in an A$t of the #e!islature of the Union territory made after $om%lyin! with the %ro&isions in that behalf $ontained in any su$h law as is referred to in $lause H1 of arti$le 23/A, it shall be &oid JJJ
:89 Po*er o! Presi%ent to &a;e reg#lations !or certain Union territoriesG H1 The President may mae re!ulations for the %ea$e, %ro!ress and !ood ;o&ernment of the Union territory ofG Ha the Andaman and Ni$obar IslandsE Hb #ashadwee%E H$ adra and Na!ar
the President shall not mae any re!ulation for the %ea$e, %ro!ress and !ood ;o&ernment of that Union territory with effe$t from the date a%%ointed for the first meetin! of the #e!islatureD Pro&ided further that whene&er the body fun$tionin! as a #e!islature for the Union territory of Pondi$herry is dissol&ed, or the fun$tionin! of that body as su$h #e!islature remains sus%ended on a$$ount of any a$tion taen under any su$h law as is referred to in $lause H1 of arti$le 23/A, the President may, durin! the %eriod of su$h dissolution or sus%ension, mae re!ulations for the %ea$e, %ro!ress and !ood ;o&ernment of that Union territory H2 Any re!ulation so made may re%eal or amend any A$t made by Parliament or any other law whi$h is for the time bein! a%%li$able to the Union territory and, when %romul!ated by the President, shall ha&e the same for$e and effe$t as an A$t of Parliament whi$h a%%lies to that territory
:879 Hig Co#rts !or Union territoriesG H1 Parliament may by law $onstitute a
:8:9 Coorg9< Rep. by the Constitution (4eventh Amendment) Act, 1"%, sec. $ and 4ch. /ART :. G Te territories in Part D o! te First Sce%#le an% oter territories not s(eci!ie% in tat Sce%#le9 G Rep. by the Constitution (4eventh Amendment) Act, 1"%, sec. $ and 4ch.
/ART : THE PANCHAYATS :869 De!initionsG In this Part, unless the $ontet otherwise re'uires,G Ha Kdistri$t: means a distri$t in a StateE
Hb K;ram Sabha: means a body $onsistin! of %ersons re!istered in the ele$toral rolls relatin! to a &illa!e $om%rised within the area of Pan$hayat at the &illa!e le&elE H$ Kintermediate le&el: means a le&el between the &illa!e and distri$t le&els s%e$ified by the ;o&ernor of a State by %ubli$ notifi$ation to be the intermediate le&el for the %ur%oses of this PartE Hd KPan$hayat: means an institution Hby whate&er name $alled of self8!o&ernment $onstituted under arti$le 2"3, for the rural areasE He KPan$hayat area: means the territorial area of a Pan$hayatE Hf K%o%ulation: means the %o%ulation as as$ertained at the last %re$edin! $ensus of whi$h the rele&ant fi!ures ha&e been %ublishedE H! K&illa!e: means a &illa!e s%e$ified by the ;o&ernor by %ubli$ notifi$ation to be a &illa!e for the %ur%oses of this Part and in$ludes a !rou% of &illa!es so s%e$ified
:86A9 Gra& Sa/a9 G A ;ram Sabha may eer$ise su$h %owers and %erform su$h fun$tions at the &illa!e le&el as the #e!islature of a State may by law, %ro&ide
:86.9 Constit#tion o! Panca$ats9 G H1 There shall be $onstituted in e&ery State, Pan$hayats at the &illa!e, intermediate and distri$t le&els in a$$ordan$e with the %ro&isions of this Part H2 Notwithstandin! anythin! in $lause H1, Pan$hayats at the intermediate le&el may not be $onstituted in a State ha&in! a %o%ulation not e$eedin! twenty lahs
:86C9 Co&(osition o! Panca$ats9 G H1 Sub5e$t to the %ro&isions of this Part, the #e!islature of a State may, by law, mae %ro&isions with res%e$t to the $om%osition of Pan$haytsD Pro&ided that the ratio between the %o%ulation of the territorial area of a Pan$hayat at any le&el and the number of seats in su$h Pan$hayat to be filled by ele$tion shall, so far as %ra$ti$able, be the same throu!hout the State, H2 All the seats in a Pan$hayat shall be filled by %ersons $hosen by dire$t ele$tion from territorial $onstituen$ies in the Pan$hayat area and, for this %ur%ose, ea$h Pan$hayat area shall be di&ided into territorial $onstituen$ies in su$h manner that the ratio between the %o%ulation of ea$h $onstituen$y and the number of seats allotted to it shall, so far as %ra$ti$able, be the same throu!hout the Pan$hayat area H3 The #e!islature of a State may, by law, %ro&ide for the re%resentationG
Ha of the )hair%ersons of the Pan$hayats at the &illa!e le&el, in the Pan$hayats at the intermediate le&el or, in the $ase of a State not ha&in! Pan$hayats at the intermediate le&el, in the Pan$hayats at the distri$t le&elE Hb if the )hair%ersons of the Pan$hayats at the intermediate le&el, in the Pan$hayats at the distri$t le&elE H$ of the members of the
:86D9 Reser)ation o! seats9 G H1 Seats shall be reser&ed forG Ha the S$heduled )astesE and Hb the S$heduled Tribes, in e&ery Pan$hayat and the number of seats so reser&ed shall bear, as nearly as may be, the same %ro%ortion to the, total number of seats to be filled by dire$t ele$tion in that Pan$hayat as the %o%ulation of the S$heduled )astes in that Pan$hayat area or of the S$heduled Tribes in that Pan$hayat area bears to the total %o%ulation of that area and su$h sea
:86E9 D#ration o! Panca$ats0 etc 9 G H1 &ery Pan$hayat, unless sooner dissol&ed under any law for the time bein! in for$e, shall $ontinue for fi&e years from the date a%%ointed for its first meetin! and no lon!er H2 No amendment of any law for the time bein! in for$e shall ha&e the effe$t of $ausin! dissolution of a Pan$hayat at any le&el, whi$h is fun$tionin! immediately before su$h amendment, till the e%iration of its duration s%e$ified in $lause H1 H3 An ele$tion to $onstitute a Pan$hayat shall be $om%letedG Ha before the e%iry of its duration s%e$ified in $lause H1E
Hb before the e%iration of a %eriod of si months from the date of its dissolutionD Pro&ided that where the remainder of the %eriod for whi$h the dissol&ed Pan$hayat would ha&e $ontinued is less than si months, it shall not be ne$essary to hold any ele$tion under this $lause for $onstitutin! the Pan$hayat H" A Pan$hayat $onstituted u%on the dissolution of a Pan$hayat before the e%iration of its duration shall $ontinue only for the remainder of the %eriod for whi$h the dissol&ed Pan$hayat would ha&e $ontinued under $lause H1 had it not been so dissol&ed
:86F9 Dis"#ali!ications !or &e&/ersi(9 G H1 A %erson shall be dis'ualified for bein! $hosen as, and for bein!, a member of a Pan$hayatG Ha if he is so dis'ualified by or under any law for the time bein! in for$e for the %ur%oses of ele$tions to the #e!islature of the State $on$ernedD Pro&ided that no %erson shall be dis'ualified on the !round that be is less than twenty8fi&e years of a!e, if he has attained the a!e of twenty8one yearsE Hb if he is so dis'ualified by or under any law made by the #e!islature of the State H2 If any 'uestion arises as to whether a member of a Pan$hayat has be$ome sub5e$t to any of the dis'ualifi$ations mentioned in $lause H1, the 'uestion shall be referred for the de$ision of su$h authority and in su$h manner as the #e!islature of a State may, by law, %ro&ide
:86G9 Po*ers0 a#torit$ an% res(onsi/ilities o! Panca$ats9 G Sub5e$t to the %ro&isions of this )onstitution the #e!islature of a State may, by law, endow the Pan$hayats with su$h %owers and authority and may be ne$essary to enable them to fun$tion as institutions of self8!o&ernment and su$h law may $ontain %ro&isions for the de&olution of %owers and res%onsibilities u%on Pan$hayats, at the a%%ro%riate le&el, sub5e$t to su$h $onditions as may be s%e$ified therein, with res%e$t toG Ha the %re%aration of %lans for e$onomi$ de&elo%ment and so$ial 5usti$eE Hb the im%lementation of s$hemes for e$onomi$ de&elo%ment and so$ial 5usti$e as may be entrusted to them in$ludin! those in relation to the matters listed in the le&enth S$hedule
:86H9 Po*ers to i&(ose ta'es /$0 an% !#n%s o!0 te Panca$ats9 G The #e!islature of a State may, by law,G Ha authorise a Pan$hayat to le&y, $olle$t and a%%ro%riate su$h taes, duties, tolls and fees in a$$ordan$e with su$h %ro$edure and sub5e$t to su$h limitsE
Hb assi!n to a Pan$hayat su$h taes, duties, tolls and fees le&ied and $olle$ted by the State ;o&ernment for su$h %ur%oses and sub5e$t to su$h $onditions and limitsE H$ %ro&ide for main! su$h !rants8in8aid to the Pan$hayats from the )onsolidated Fund of the StateE and Hd %ro&ide for $onstitution of su$h Funds for $reditin! all moneys re$ei&ed, res%e$ti&ely, by or on behalf of the Pan$hayats and also for the withdrawal of su$h moneys therefrom, as may be s%e$ified in the law
:86I9 Constit#tion o! !inance Co&&issions to re)ie* !inancial (osition9 G H1 The ;o&ernor of a State shall, as soon as may be within one year from the $ommen$ement of the )onstitution HSe&enty8third Amendment A$t, 1//2, and thereafter at the e%iration of e&ery fifth year, $onstitute a Finan$e )ommission to re&iew the finan$ial %osition of the Pan$hayats and to mae re$ommendations to the ;o&ernor as toG Ha the %rin$i%les whi$h should !o&ernG Hi the distribution between the State and the Pan$hayats of the net %ro$eeds of the taes, duties, tolls and fees le&iable by the State, whi$h may be di&ided between them under this Part and the allo$ation between the Pan$hayats at all le&els of their res%e$ti&e shares of su$h %ro$eedsE
:8629 A#%it o! acco#nts o! Panca$ats9 G The #e!islature of a State may, by law, mae %ro&isions with res%e$t to the maintenan$e of a$$ounts by the Pan$hayats and the auditin! of su$h a$$ounts
:869 Elections to te Panca$ats9 G The su%erintenden$e, dire$tion and $ontrol of the %re%aration of ele$toral rolls for, and the $ondu$t of, all ele$tions to the Pan$hayats shall be &ested in a State le$tion )ommission $onsistin! of a State le$tion )ommissioner to be a%%ointed by the ;o&ernor H2 Sub5e$t to the %ro&isions of any law made by the #e!islature of a State the $onditions of ser&i$e and tenure of offi$e of the State le$tion )ommissioner shall be su$h as the ;o&ernor may by rule determineD Pro&ided that the State le$tion )ommissioner shall not be remo&ed from his offi$e e$e%t in lie manner and on the lie !round as a =ud!e of a
)ommission su$h staff as may be ne$essary for the dis$har!e of the fun$tions $onferred on the State le$tion )ommission by $lause H1 H" Sub5e$t to the %ro&isions of this )onstitution, the #e!islature of a State may, by law, mae %ro&ision with res%e$t to all matters relatin! to, or in $onne$tion with, ele$tions to the Pan$hayats
:86L9 A((lication to Union territories9 G The %ro&isions of this Part shall a%%ly to the Union territories and shall, in their a%%li$ation to a Union territory, ha&e effe$t as if the referen$es to the ;o&ernor of a State were referen$es to the Administrator of the Union territory a%%ointed under 23/ and referen$es to the #e!islature or the #e!islati&e Assembly of a State were referen$es, in relation to a Union territory ha&in! a #e!islati&e Assembly, to that #e!islati&e AssemblyD Pro&ided that the President may, by %ubli$ notifi$ation, dire$t that the %ro&isions of this Part shall a%%ly to any Union territory or %art thereof sub5e$t to su$h e$e%tions and modifi$ations as he may s%e$ify in the notifi$ation :86M9 Part not to a((l$ to certain areas9< H1 Nothin! in this Part shall a%%ly to the S$heduled Areas referred to in $lause H1, and the tribal areas referred to in $lause H2, of arti$le 2"" H2 Nothin! in this Part shall a%%ly toG Ha the States of Na!aland, 7e!halaya and 7i*oramE Hb the
1//2, whi$h is in$onsistent with the %ro&isions of this %art, shall $ontinue to be in for$e until amended or re%ealed by a $om%etent #e!islature other $om%etent authority or until the e%iration of one year from su$h $ommen$ement whi$he&er is earlierD Pro&ided that all the Pan$hayats eistin! immediately before su$h $ommen$ement shall $ontinue till the e%iration of their duration, unless sooner dissol&ed by a resolution %assed to that effe$t by the #e!islati&e Assembly of that State or, in the $ase of a State ha&in! a #e!islati&e )oun$il, by ea$h house of the #e!islature of that State :86O9 .ar to inter!erence /$ co#rts in electoral &atters9 G Notwithstandin! anythin! in this )onstitutionG Ha the &alidity of any law relatin! to the delimitation of $onstituen$ies or the allotment of seats to su$h $onstituen$ies made or %ur%ortin! to be made under arti$le 2"3?, shall not be $alled in 'uestion in any $ourtE Hb no ele$tion to any Pan$hayat shall be $alled in 'uestion e$e%t by an ele$tion %etition %resented to su$h authority and in su$h manner as is %ro&ided for by or under any #aw made by the le!islature of a State /ART : A THE MUNICIPALITIES :86P9 De!initions9 G In this Part, unless the $ontet otherwise re'uires,G Ha K)ommittee: means a )ommittee $onstituted under arti$le 2"3SE Hb Kdistri$t: means a distri$t in a StateE H$ K7etro%olitan area: means an area ha&in! a %o%ulation of ten lahs or more, $om%rised in one or more distri$ts and $onsistin! of two or more 7uni$i%alities or Pan$hayats or other $onti!uous areas, s%e$ified by the ;o&ernor by %ubli$ notifi$ation to be 7etro%olitan area for the %ur%oses of this PartE Hd K7uni$i%al area: means the territorial area of a 7uni$i%ality as is notified by the ;o&ernorE He K7uni$i%ality: means an institution of self8!o&ernment $onstituted under Arti$le 2"39 E Hf KPan$hayat: means a Pan$hayat $onstituted under Arti$le 2"3E H! K%o%ulation: means the %o%ulation as as$ertained at the last %re$edin! $ensus of whi$h the rele&ant fi!ures ha&e been %ublished :869 Constit#tion o! M#nici(alities9 G H1 There shall be $onstituted in e&ery State,G Ha a Na!ar Pan$hayat Hby whate&er name $alled for a transitional area, that is to say, an area in transition from a rural area to an urban area Hb a 7uni$i%al )oun$il for a smaller urban areaE and H$ a 7uni$i%al )or%oration for a lar!er urban area, in a$$ordan$e with the %ro&isions of this PartD Pro&ided that a 7uni$i%ality under this $lause may not be $onstituted in su$h urban area or %art thereof as the ;o&ernor may, ha&in! re!ard to the si*e of tile area and the muni$i%al
ser&i$es bein! %ro&ided or %ro%osed to be %ro&ided by an industrial establishment in that area and su$h other fa$tors as he may deem fit, by %ubli$ notifi$ation, s%e$ify to be an industrial townshi% H2 In this arti$le, Ka transitional area:, Ka smaller urban area: or Ka lar!er urban area: means su$h area as the ;o&ernor may, ha&in! re!ard to the %o%ulation of the area, the density of the %o%ulation therein, the re&enue !enerated for lo$al administration, the %er$enta!e of em%loyment in non8a!ri$ultural a$ti&ities, the e$onomi$ im%ortan$e or su$h other fa$tors as he may deem fit, s%e$ify by %ubli$ notifi$ation for the %ur%oses of this Part :86R9 Co&(osition o! M#nici(alities9 G H1 Sa&e as %ro&ided in $lause H2, all the seats in a 7uni$i%ality shall be filled by %ersons $hosen by dire$t ele$tion from the territorial $onstituen$ies in the 7uni$i%al area and for this %ur%ose ea$h 7uni$i%al area shall be di&ided into territorial $onstituen$ies to be nown as wards H2 The #e!islature of a State may, by law, %ro&ideG Ha for the re%resentation in a 7uni$i%ality ofG Hi %ersons ha&in! s%e$ial nowled!e or e%erien$e in 7uni$i%al administrationE Hii the members of the
Hb two or more wards, one of the members re%resentin! su$h wards in the 7uni$i%ality ele$ted by the members of the ards )ommittee, shall be the )hair%erson of that )ommittee H( Nothin! in this arti$le shall be deemed to %re&ent the #e!islature of a State from main! any %ro&ision for the )onstitution of )ommittees in addition to the ards )ommittees :86T9 Reser)ation o! seats9 G H1 Seats shall be reser&ed for the S$heduled )astes and the S$heduled Tribes in e&ery 7uni$i%ality and the number of seats so reser&ed shall bear, as nearly as may be, the same %ro%ortion to the total number of seats to be filled by dire$t ele$tion in that 7uni$i%ality as the %o%ulation of the S$heduled )astes in the 7uni$i%al area or of the S$heduled Tribes in the 7uni$i%al area bears to the total %o%ulation of that area and su$h seats may be allotted by rotation to different $onstituen$ies in a 7uni$i%ality H2 Not less than one8third of the total number of seats reser&ed under $lause H1 shall be reser&ed for women belon!in! to the S$heduled )astes or, as the $ase may be, the S$heduled Tribes H3 Not less than one8third Hin$ludin! the number of seats reser&ed for women belon!in! to the S$heduled )astes and the S$heduled Tribes of the total number of seats to be filled by dire$t ele$tion in e&ery 7uni$i%ality shall be reser&ed for women and su$h seats may be allotted by rotation to different $onstituen$ies in a 7uni$i%ality H" The offi$es of )hair%ersons in the 7uni$i%alities shall be reser&ed for the S$heduled )astes, the S$heduled Tribes and women in su$h manner as the #e!islature of a State may, by law, %ro&ide H( The reser&ation of seats under $lauses H1 and H2 and the reser&ation of offi$es of )hair%ersons Hother than the reser&ation for women under $lause H" shall $ease to ha&e effe$t on the e%iration of the %eriod s%e$ified in arti$le 33" H+ Nothin! in this Part shall %re&ent the #e!islature of a State from main! any %ro&ision for reser&ation of seats in any 7uni$i%ality or offi$es of )hair%ersons in the 7uni$i%alities in fa&our of ba$ward $lass of $iti*ens :86U9 D#ration o! M#nici(alities0 etc 9 G H1 &ery 7uni$i%ality, unless sooner dissol&ed under any law for the time bein! in for$e, shall $ontinue for fi&e years from the date a%%ointed for its first meetin! and no lon!erD Pro&ided that a 7uni$i%ality shall be !i&en a reasonable o%%ortunity of bein! heard before its dissolution H2 No amendment of any law for the time bein! in for$e shall ha&e the effe$t of $ausin! dissolution of a 7uni$i%ality at any le&el, whi$h is fun$tionin! immediately before su$h amendment, till the e%iration of its duration s%e$ified in $lause H1 H3 An ele$tion to )onstitute a 7uni$i%ality shall be $om%leted,G Ha before the e%iry of its duration s%e$ified in $lause H1E Hb before the e%iration of a %eriod of si months from the date of its dissolutionD Pro&ided that where the remainder of the %eriod for whi$h the dissol&ed 7uni$i%ality would ha&e $ontinued is less than si
months, it shall not be ne$essary to hold any ele$tion under this $lause for $onstitutin! the 7uni$i%ality for su$h %eriod H" A 7uni$i%ality $onstituted u%on the dissolution of a 7uni$i%ality before the e%iration of its duration shall $ontinue only for the remainder of the %eriod for whi$h the dissol&ed 7uni$i%ality would lea&e $ontinued under, $lause H1 had it not been so dissol&ed :86+9 Dis"#ali!ications !or &e&/ersi(9 G H1 A %erson shall be dis'ualified for bein! $hosen as, and for bein! a member of a 7uni$i%alityG Ha if he is so dis'ualified by or under any law for the time bein! in for$e for the %ur%oses of ele$tions to the #e!islature of the State $on$ernedD Pro&ided that no %erson shall be dis'ualified on the !round that he is less than twenty8fi&e years of a!e, if he has attained the a!e, of twenty8one yearsE Hb if he is so dis'ualified by or under any law made by the #e!islature of the State H2 If any 'uestion arises as to whether a member of a 7uni$i%ality has be$ome sub5e$t to any of the dis'ualifi$ations mentioned in $lause H1, the 'uestion shall be referred for the de$ision of su$h authority and in su$h manner as the #e!islature of a State may, by law, %ro&ide :8619 Po*ers0 a#torit$ an% res(onsi/ilities o! M#nici(alities0 etc 9 G Sub5e$t to the %ro&isions of this )onstitution, the #e!islature of a State may, by law, endowG Ha the 7uni$i%alities with su$h %owers and authority as may be ne$essary to enable them to fun$tion as institutions of self8 !o&ernment and su$h law may $ontain %ro&isions for the de&olution of %owers and res%onsibilities u%on 7uni$i%alities, sub5e$t to su$h $onditions as may be s%e$ified therein, with res%e$t toG Hi the %re%aration of %lans for e$onomi$ de&elo%ment and so$ial 5usti$eE Hii the %erforman$e of fun$tions and the im%lementation of s$hemes as may be entrusted to them in$ludin! those in relation to the matters listed in the Twelfth S$heduleE Hb the )ommittees with su$h %owers and authority as may be ne$essary to enable them to $arry out the res%onsibilities $onferred u%on them in$ludin! those in relation to the matters listed in the Twelfth S$hedule :86,9 Po*er to i&(ose ta'es /$0 an% !#n%s0 o!0 te M#nici(alities9< The #e!islature of a State may, by lawG Ha authorise a 7uni$i%ality to le&y, $olle$t and a%%ro%riate su$h taes, duties, tolls and fees in a$$ordan$e with su$h %ro$edure and sub5e$t to su$h limitsE Hb assi!n to a 7uni$i%ality su$h taes, duties, tolls and fees le&ied and $olle$ted by the State8;o&ernment for su$h %ur%oses and sub5e$t to su$h $onditions and limitsE
H$ %ro&ide for main!, su$h !rants8in8aid to the 7uni$i%alities from the )onsolidated Fund of the StateE and Hd %ro&ide for $onstitution of su$h Funds for $reditin! all moneys re$ei&ed res%e$ti&ely, by or on behalf of the 7uni$i%alities and also for the withdrawal of su$h moneys therefrom, as may be s%e$ified in the law :86Y9 Finance Co&&ission9 G H1 The Finan$e )ommission $onstituted under arti$le 2"38I shall also re&iew the finan$ial %osition of the 7uni$i%alities and mae re$ommendations to the ;o&ernor as toG Ha the %rin$i%les whi$h should !o&ernG Hi the distribution between the State and the 7uni$i%alities of the net %ro$eeds of the taes, duties, tolls and fees le&iable by the State, whi$h may be di&ided between them under this Part and the allo$ation between the 7uni$i%alities at all le&els of their res%e$ti&e shares of su$h %ro$eedsE Hii the determination of the taes, duties, tolls and fees whi$h may be assi!ned to, or a%%ro%riated by, the 7uni$i%alitiesE Hiii the !rants8in8aid to the 7uni$i%alities from the )onsolidated Fund of the StateE Hb the measures needed to im%ro&e the finan$ial %osition of the 7uni$i%alitiesE H$ any other matter referred to the Finan$e )ommission by the ;o&ernor in the interests of sound finan$e of the 7uni$i%alities H2 The ;o&ernor shall $ause e&ery re$ommendation made by the )ommission under this arti$le to!ether with an e%lanatory memorandum as to the a$tion taen thereon to be laid before the #e!islature of the State :86Z9 A#%it o! acco#nts o! M#nici(alities9 G The #e!islature of a State may, by law, mae %ro&isions with res%e$t to the maintenan$e of a$$ounts by the 7uni$i%alities and the auditin! of su$h a$$ounts :86ZA9 Elections to te M#nici(alities9 G H1 The su%erintenden$e, dire$tion and $ontrol of the %re%aration of ele$toral rolls for, and the $ondu$t of, all ele$tions to the 7uni$i%alities shall be &ested in the State le$tion )ommission referred to in arti$le 2"3? H2 Sub5e$t to %ro&isions of this )onstitution, the #e!islature of a State may, by law, mae %ro&ision with res%e$t to all matters relatin! to, or in $onne$tion with, ele$tions to the 7uni$i%alities :86Z.9 A((lication to Union territories9 G The Pro&isions of this Part shall a%%ly to the Union territories and shall, in their a%%li$ation to a Union territory, ha&e effe$t as if the referen$es to the ;o&ernor of a State were referen$es to the Administrator of the Union territory a%%ointed under arti$le 23/ and referen$es to the #e!islature or the #e!islati&e Assembly of a State were referen$es in relation to a Union territory ha&in! a #e!islati&e Assembly, to that #e!islati&e AssemblyD
Pro&ided that the President may, by %ubli$ notifi$ation, dire$t that the %ro&isions of this Part shall a%%ly to any Union territory or %art thereof sub5e$t to su$h e$e%tions and modifi$ations as he may s%e$ify in the notifi$ation :86ZC9 Part not to a((l$ to certain areas9 G H1 Nothin! in this Part shall a%%ly to the S$heduled Areas referred to in )lause H1, and the tribal areas referred to in )lause H2, of arti$le 2"" H2 Nothin! in this %art shall be $onstrued to affe$t the fun$tions and %owers of the ar5eelin! ;orha
H" The )hair%erson of e&ery istri$t Plannin! )ommittee shall forward the de&elo%ment %lan, as re$ommended by su$h )ommittee, to the ;o&ernment of the State :86ZE9 Co&&ittee !or Metro(olitan Planning9 G H1 There shall be $onstituted in e&ery 7etro%olitan, area a 7etro%olitan Plannin! )ommittee to %re%are a draft de&elo%ment %lan for the 7etro%olitan area as a whole H2 The #e!islature of a State may, by law, mae with res%e$t toG Ha the $om%osition of the 7etro%olitan Plannin! )ommitteesE Hb the manner in whi$h the seats in su$h )ommittees shall be filledD Pro&ided that not less than two8thirds of the members of su$h )ommittee shall be ele$ted by, and from amon!st, the ele$ted members of the 7uni$i%alities and )hair%ersons of the Pan$hayats in the, 7etro%olitan area in %ro%ortion to the ratio between the %o%ulation of the 7uni$i%alities and of the Pan$hayats in that areaE H$ the re%resentation, in su$h )ommittees of the ;o&ernment of India and the ;o&ernment of the State and of su$h or!anisations and institutions as may be deemed ne$essary for $arryin! out the fun$tions assi!ned to su$h )ommitteesE Hd the fun$tions relatin! to %lannin! and $oordination for the 7etro%olitan area whi$h may be assi!ned to su$h )ommitteesE He the manner in whi$h the )hair%ersons of su$h )ommittees shall be $hosen H3 &ery 7etro%olitan Plannin! )ommittee shall, in %re%arin! the draft de&elo%ment %lan,G Ha ha&e re!ard toG Hi the %lans %re%ared by the 7uni$i%alities and the Pan$hayats in the 7etro%olitan areaE Hii matters of $ommon interest between the 7uni$i%alities and the Pan$hayats, in$ludin! $o8ordinated s%atial %lannin! of the area, sharin! of water and other %hysi$al and natural resour$es, the inte!rated de&elo%ment of infrastru$ture and en&ironmental $onser&ationE Hiii the o&erall ob5e$ti&es and %riorities set by the ;o&ernment of India and the ;o&ernment of the StateE Hi& the etent and nature of in&estments liely to be made in the 7etro%olitan area by a!en$ies of the ;o&ernment of India and of the ;o&ernment of the State and other a&ailable resour$es whether finan$ial or otherwiseE Hb $onsult su$h institutions and or!anisations as the ;o&ernor may, by order, s%e$ify H" The )hair%erson of e&ery 7etro%olitan Plannin! )ommittee shall forward the de&elo%ment %lan, as re$ommended by su$h )ommittee, to the ;o&ernment of the State :86ZF9 Contin#ance o! e'isting la*s an% M#nici(alities9 G Notwithstandin! anythin! in this Part, any %ro&ision of any law relatin! to 7uni$i%alities in for$e in a State immediately before the $ommen$ement of the )onstitution HSe&enty8fourth Amendment A$t, 1//2, whi$h is in$onsistent with the %ro&isions of this Part, shall $ontinue to be in for$e until amended or re%ealed by a
$om%etent #e!islature or other $om%etent authority or until the e%iration of one year from su$h $ommen$ement, whi$he&er is earlierD Pro&ided that all the 7uni$i%alities eistin! immediately before su$h $ommen$ement shall $ontinue till the e%iration of their duration, unless sooner dissol&ed by a resolution %assed to that effe$t by the #e!islati&e Assembly of that State or, in the $ase of a State ha&in! a #e!islati&e )oun$il, by ea$h
:86M9 Part not to a((l$ to certain areas9< H1 Nothin! in this Part shall a%%ly to the S$heduled Areas referred to in $lause H1, and the tribal areas referred to in $lause H2, of arti$le 2"" H2 Nothin! in this Part shall a%%ly toG Ha the States of Na!aland, 7e!halaya and 7i*oramE Hb the
:86N9 Contin#ance o! e'isting la*s an% Panca$ats9 G Notwithstandin! anythin! in this Part, any %ro&ision of any law relatin! to Pan$hayats in for$e in a State immediately before $ommen$ement of the )onstitution HSe&enty8third Amendment A$t, 1//2, whi$h is in$onsistent with the %ro&isions of this %art, shall $ontinue to be in for$e until amended or re%ealed by a $om%etent #e!islature other $om%etent authority or until the e%iration of one year from su$h $ommen$ement whi$he&er is earlierD Pro&ided that all the Pan$hayats eistin! immediately before su$h $ommen$ement shall $ontinue till the e%iration of their duration, unless sooner dissol&ed by a resolution %assed to that effe$t by the #e!islati&e Assembly of that State or, in the $ase of a State ha&in! a #e!islati&e )oun$il, by ea$h house of the #e!islature of that State
:86O9 .ar to inter!erence /$ co#rts in electoral &atters9 G Notwithstandin! anythin! in this )onstitutionG Ha the &alidity of any law relatin! to the delimitation of $onstituen$ies or the allotment of seats to su$h $onstituen$ies made or %ur%ortin! to be made under arti$le 2"3?, shall not be $alled in 'uestion in any $ourtE Hb no ele$tion to any Pan$hayat shall be $alled in 'uestion e$e%t by an ele$tion %etition %resented to su$h authority and in su$h manner as is %ro&ided for by or under any #aw made by the le!islature of a State
/ART : A THE MUNICIPALITIES :86P9 De!initions9 G In this Part, unless the $ontet otherwise re'uires,G Ha K)ommittee: means a )ommittee $onstituted under arti$le 2"3SE Hb Kdistri$t: means a distri$t in a StateE H$ K7etro%olitan area: means an area ha&in! a %o%ulation of ten lahs or more, $om%rised in one or more distri$ts and $onsistin! of two or more 7uni$i%alities or Pan$hayats or other $onti!uous areas, s%e$ified by the ;o&ernor by %ubli$ notifi$ation to be 7etro%olitan area for the %ur%oses of this PartE Hd K7uni$i%al area: means the territorial area of a 7uni$i%ality as is notified by the ;o&ernorE He K7uni$i%ality: means an institution of self8!o&ernment $onstituted under Arti$le 2"39 E Hf KPan$hayat: means a Pan$hayat $onstituted under Arti$le 2"3E H! K%o%ulation: means the %o%ulation as as$ertained at the last %re$edin! $ensus of whi$h the rele&ant fi!ures ha&e been %ublished
:869 Constit#tion o! M#nici(alities9 G
H1 There shall be $onstituted in e&ery State,G Ha a Na!ar Pan$hayat Hby whate&er name $alled for a transitional area, that is to say, an area in transition from a rural area to an urban area Hb a 7uni$i%al )oun$il for a smaller urban areaE and H$ a 7uni$i%al )or%oration for a lar!er urban area, in a$$ordan$e with the %ro&isions of this PartD Pro&ided that a 7uni$i%ality under this $lause may not be $onstituted in su$h urban area or %art thereof as the ;o&ernor may, ha&in! re!ard to the si*e of tile area and the muni$i%al ser&i$es bein! %ro&ided or %ro%osed to be %ro&ided by an industrial establishment in that area and su$h other fa$tors as he may deem fit, by %ubli$ notifi$ation, s%e$ify to be an industrial townshi% H2 In this arti$le, Ka transitional area:, Ka smaller urban area: or Ka lar!er urban area: means su$h area as the ;o&ernor may, ha&in! re!ard to the %o%ulation of the area, the density of the %o%ulation therein, the re&enue !enerated for lo$al administration, the %er$enta!e of em%loyment in non8a!ri$ultural a$ti&ities, the e$onomi$ im%ortan$e or su$h other fa$tors as he may deem fit, s%e$ify by %ubli$ notifi$ation for the %ur%oses of this Part
:86R9 Co&(osition o! M#nici(alities9 G H1 Sa&e as %ro&ided in $lause H2, all the seats in a 7uni$i%ality shall be filled by %ersons $hosen by dire$t ele$tion from the territorial $onstituen$ies in the 7uni$i%al area and for this %ur%ose ea$h 7uni$i%al area shall be di&ided into territorial $onstituen$ies to be nown as wards H2 The #e!islature of a State may, by law, %ro&ideG Ha for the re%resentation in a 7uni$i%ality ofG Hi %ersons ha&in! s%e$ial nowled!e or e%erien$e in 7uni$i%al administrationE Hii the members of the
H2 The #e!islature of a State may, by law, mae %ro&ision with res%e$t toG Ha the $om%osition and the territorial area of a ards )ommitteeE Hb the manner in whi$h the seats in a ards )ommittee shall be filled H3 A member of a 7uni$i%ality re%resentin! a ward within the territorial area of the ards )ommittee shall be a member of that )ommittee H" here a ards )ommittee $onsists ofG Ha one ward, the member re%resentin! that ward in the 7uni$i%alityE or Hb two or more wards, one of the members re%resentin! su$h wards in the 7uni$i%ality ele$ted by the members of the ards )ommittee, shall be the )hair%erson of that )ommittee H( Nothin! in this arti$le shall be deemed to %re&ent the #e!islature of a State from main! any %ro&ision for the )onstitution of )ommittees in addition to the ards )ommittees
:86T9 Reser)ation o! seats9 G H1 Seats shall be reser&ed for the S$heduled )astes and the S$heduled Tribes in e&ery 7uni$i%ality and the number of seats so reser&ed shall bear, as nearly as may be, the same %ro%ortion to the total number of seats to be filled by dire$t ele$tion in that 7uni$i%ality as the %o%ulation of the S$heduled )astes in the 7uni$i%al area or of the S$heduled Tribes in the 7uni$i%al area bears to the total %o%ulation of that area and su$h seats may be allotted by rotation to different $onstituen$ies in a 7uni$i%ality H2 Not less than one8third of the total number of seats reser&ed under $lause H1 shall be reser&ed for women belon!in! to the S$heduled )astes or, as the $ase may be, the S$heduled Tribes H3 Not less than one8third Hin$ludin! the number of seats reser&ed for women belon!in! to the S$heduled )astes and the S$heduled Tribes of the total number of seats to be filled by dire$t ele$tion in e&ery 7uni$i%ality shall be reser&ed for women and su$h seats may be allotted by rotation to different $onstituen$ies in a 7uni$i%ality H" The offi$es of )hair%ersons in the 7uni$i%alities shall be reser&ed for the S$heduled )astes, the S$heduled Tribes and women in su$h manner as the #e!islature of a State may, by law, %ro&ide H( The reser&ation of seats under $lauses H1 and H2 and the reser&ation of offi$es of )hair%ersons Hother than the reser&ation for women under $lause H" shall $ease to ha&e effe$t on the e%iration of the %eriod s%e$ified in arti$le 33" H+ Nothin! in this Part shall %re&ent the #e!islature of a State from main! any %ro&ision for reser&ation of seats in any 7uni$i%ality or offi$es of )hair%ersons in the 7uni$i%alities in fa&our of ba$ward $lass of $iti*ens
:86U9 D#ration o! M#nici(alities0 etc 9 G H1 &ery 7uni$i%ality, unless sooner dissol&ed under any law for the time bein! in for$e, shall $ontinue for fi&e years from the date a%%ointed for its first meetin! and no lon!erD Pro&ided that a 7uni$i%ality shall be !i&en a reasonable o%%ortunity of bein! heard before its dissolution H2 No amendment of any law for the time bein! in for$e shall ha&e the effe$t of $ausin! dissolution of a 7uni$i%ality at any le&el, whi$h is fun$tionin! immediately before su$h amendment, till the e%iration of its duration s%e$ified in $lause H1 H3 An ele$tion to )onstitute a 7uni$i%ality shall be $om%leted,G Ha before the e%iry of its duration s%e$ified in $lause H1E Hb before the e%iration of a %eriod of si months from the date of its dissolutionD Pro&ided that where the remainder of the %eriod for whi$h the dissol&ed 7uni$i%ality would ha&e $ontinued is less than si months, it shall not be ne$essary to hold any ele$tion under this $lause for $onstitutin! the 7uni$i%ality for su$h %eriod H" A 7uni$i%ality $onstituted u%on the dissolution of a 7uni$i%ality before the e%iration of its duration shall $ontinue only for the remainder of the %eriod for whi$h the dissol&ed 7uni$i%ality would lea&e $ontinued under, $lause H1 had it not been so dissol&ed
:86+9 Dis"#ali!ications !or &e&/ersi(9 G H1 A %erson shall be dis'ualified for bein! $hosen as, and for bein! a member of a 7uni$i%alityG Ha if he is so dis'ualified by or under any law for the time bein! in for$e for the %ur%oses of ele$tions to the #e!islature of the State $on$ernedD Pro&ided that no %erson shall be dis'ualified on the !round that he is less than twenty8fi&e years of a!e, if he has attained the a!e, of twenty8one yearsE Hb if he is so dis'ualified by or under any law made by the #e!islature of the State H2 If any 'uestion arises as to whether a member of a 7uni$i%ality has be$ome sub5e$t to any of the dis'ualifi$ations mentioned in $lause H1, the 'uestion shall be referred for the de$ision of su$h authority and in su$h manner as the #e!islature of a State may, by law, %ro&ide
:8619 Po*ers0 a#torit$ an% res(onsi/ilities o! M#nici(alities0 etc 9 G Sub5e$t to the %ro&isions of this )onstitution, the #e!islature of a State may, by law, endowG Ha the 7uni$i%alities with su$h %owers and authority as may be ne$essary to enable them to fun$tion as institutions of self8 !o&ernment and su$h law may $ontain %ro&isions for the de&olution of %owers and res%onsibilities u%on 7uni$i%alities,
sub5e$t to su$h $onditions as may be s%e$ified therein, with res%e$t toG Hi the %re%aration of %lans for e$onomi$ de&elo%ment and so$ial 5usti$eE Hii the %erforman$e of fun$tions and the im%lementation of s$hemes as may be entrusted to them in$ludin! those in relation to the matters listed in the Twelfth S$heduleE Hb the )ommittees with su$h %owers and authority as may be ne$essary to enable them to $arry out the res%onsibilities $onferred u%on them in$ludin! those in relation to the matters listed in the Twelfth S$hedule
:86,9 Po*er to i&(ose ta'es /$0 an% !#n%s0 o!0 te M#nici(alities9< The #e!islature of a State may, by lawG Ha authorise a 7uni$i%ality to le&y, $olle$t and a%%ro%riate su$h taes, duties, tolls and fees in a$$ordan$e with su$h %ro$edure and sub5e$t to su$h limitsE Hb assi!n to a 7uni$i%ality su$h taes, duties, tolls and fees le&ied and $olle$ted by the State8;o&ernment for su$h %ur%oses and sub5e$t to su$h $onditions and limitsE H$ %ro&ide for main!, su$h !rants8in8aid to the 7uni$i%alities from the )onsolidated Fund of the StateE and Hd %ro&ide for $onstitution of su$h Funds for $reditin! all moneys re$ei&ed res%e$ti&ely, by or on behalf of the 7uni$i%alities and also for the withdrawal of su$h moneys therefrom, as may be s%e$ified in the law
:86Y9 Finance Co&&ission9 G H1 The Finan$e )ommission $onstituted under arti$le 2"38I shall also re&iew the finan$ial %osition of the 7uni$i%alities and mae re$ommendations to the ;o&ernor as toG Ha the %rin$i%les whi$h should !o&ernG Hi the distribution between the State and the 7uni$i%alities of the net %ro$eeds of the taes, duties, tolls and fees le&iable by the State, whi$h may be di&ided between them under this Part and the allo$ation between the 7uni$i%alities at all le&els of their res%e$ti&e shares of su$h %ro$eedsE Hii the determination of the taes, duties, tolls and fees whi$h may be assi!ned to, or a%%ro%riated by, the 7uni$i%alitiesE Hiii the !rants8in8aid to the 7uni$i%alities from the )onsolidated Fund of the StateE Hb the measures needed to im%ro&e the finan$ial %osition of the 7uni$i%alitiesE H$ any other matter referred to the Finan$e )ommission by the ;o&ernor in the interests of sound finan$e of the 7uni$i%alities
H2 The ;o&ernor shall $ause e&ery re$ommendation made by the )ommission under this arti$le to!ether with an e%lanatory memorandum as to the a$tion taen thereon to be laid before the #e!islature of the State
:86Z9 A#%it o! acco#nts o! M#nici(alities9 G The #e!islature of a State may, by law, mae %ro&isions with res%e$t to the maintenan$e of a$$ounts by the 7uni$i%alities and the auditin! of su$h a$$ounts
:86ZA9 Elections to te M#nici(alities9 G H1 The su%erintenden$e, dire$tion and $ontrol of the %re%aration of ele$toral rolls for, and the $ondu$t of, all ele$tions to the 7uni$i%alities shall be &ested in the State le$tion )ommission referred to in arti$le 2"3? H2 Sub5e$t to %ro&isions of this )onstitution, the #e!islature of a State may, by law, mae %ro&ision with res%e$t to all matters relatin! to, or in $onne$tion with, ele$tions to the 7uni$i%alities
:86Z.9 A((lication to Union territories9 G The Pro&isions of this Part shall a%%ly to the Union territories and shall, in their a%%li$ation to a Union territory, ha&e effe$t as if the referen$es to the ;o&ernor of a State were referen$es to the Administrator of the Union territory a%%ointed under arti$le 23/ and referen$es to the #e!islature or the #e!islati&e Assembly of a State were referen$es in relation to a Union territory ha&in! a #e!islati&e Assembly, to that #e!islati&e AssemblyD Pro&ided that the President may, by %ubli$ notifi$ation, dire$t that the %ro&isions of this Part shall a%%ly to any Union territory or %art thereof sub5e$t to su$h e$e%tions and modifi$ations as he may s%e$ify in the notifi$ation
:86ZC9 Part not to a((l$ to certain areas9 G H1 Nothin! in this Part shall a%%ly to the S$heduled Areas referred to in )lause H1, and the tribal areas referred to in )lause H2, of arti$le 2"" H2 Nothin! in this %art shall be $onstrued to affe$t the fun$tions and %owers of the ar5eelin! ;orha
:86ZD9 Co&&ittee !or %istrict (lanning9 G H1 There shall be $onstituted in e&ery State at the distri$t le&el a istri$t Plannin! )ommittee to $onsolidate the %lans %re%ared by the Pan$hayats and the 7uni$i%alities in the distri$t and to %re%are a draft de&elo%ment %lan for the distri$t as a whole H2 The #e!islati&e of a State may, by law, mae %ro&ision with res%e$t toG Ha the $om%osition of the istri$t Plannin! )ommitteesE Hb the manner in whi$h the seats in su$h )ommittees shall be filledD Pro&ided that not less than four8fifths of the total number of members of su$h )ommittee shall be ele$ted by, and from amon!st, the ele$ted members of the Pan$hayat at the distri$t le&el and of the 7uni$i%alities in the distri$t in %ro%ortion to the ratio between the %o%ulation of the rural areas and of the urban areas in the distri$tE H$ the fun$tions relatin! to distri$t %lannin! whi$h may be assi!ned to su$h )ommitteesE Hd the manner in whi$h the )hair%ersons of su$h )ommittees be $hosen H3 &ery istri$t Plannin! )ommittee shall, in %re%arin! the draft de&elo%ment %lan,G Ha ha&e re!ard toG Hi matters of $ommon interest between the Pan$hayats and the 7uni$i%alities in$ludin! s%atial %lannin!, sharin! of water and other %hysi$al and natural resour$es, the inte!rate de&elo%ment of infrastru$ture and en&ironmental $onser&ationE Hii the etent and ty%e of a&ailable resour$es whether finan$ial or otherwiseE Hb $onsult su$h institutions and or!ani*ations as the ;o&ernor may, by order, s%e$ify H" The )hair%erson of e&ery istri$t Plannin! )ommittee shall forward the de&elo%ment %lan, as re$ommended by su$h )ommittee, to the ;o&ernment of the State
:86ZE9 Co&&ittee !or Metro(olitan Planning9 G H1 There shall be $onstituted in e&ery 7etro%olitan, area a 7etro%olitan Plannin! )ommittee to %re%are a draft de&elo%ment %lan for the 7etro%olitan area as a whole H2 The #e!islature of a State may, by law, mae with res%e$t toG Ha the $om%osition of the 7etro%olitan Plannin! )ommitteesE Hb the manner in whi$h the seats in su$h )ommittees shall be filledD Pro&ided that not less than two8thirds of the members of su$h )ommittee shall be ele$ted by, and from amon!st, the ele$ted members of the 7uni$i%alities and )hair%ersons of the Pan$hayats in the, 7etro%olitan area in %ro%ortion to the ratio between the %o%ulation of the 7uni$i%alities and of the Pan$hayats in that areaE
H$ the re%resentation, in su$h )ommittees of the ;o&ernment of India and the ;o&ernment of the State and of su$h or!anisations and institutions as may be deemed ne$essary for $arryin! out the fun$tions assi!ned to su$h )ommitteesE Hd the fun$tions relatin! to %lannin! and $oordination for the 7etro%olitan area whi$h may be assi!ned to su$h )ommitteesE He the manner in whi$h the )hair%ersons of su$h )ommittees shall be $hosen H3 &ery 7etro%olitan Plannin! )ommittee shall, in %re%arin! the draft de&elo%ment %lan,G Ha ha&e re!ard toG Hi the %lans %re%ared by the 7uni$i%alities and the Pan$hayats in the 7etro%olitan areaE Hii matters of $ommon interest between the 7uni$i%alities and the Pan$hayats, in$ludin! $o8ordinated s%atial %lannin! of the area, sharin! of water and other %hysi$al and natural resour$es, the inte!rated de&elo%ment of infrastru$ture and en&ironmental $onser&ationE Hiii the o&erall ob5e$ti&es and %riorities set by the ;o&ernment of India and the ;o&ernment of the StateE Hi& the etent and nature of in&estments liely to be made in the 7etro%olitan area by a!en$ies of the ;o&ernment of India and of the ;o&ernment of the State and other a&ailable resour$es whether finan$ial or otherwiseE Hb $onsult su$h institutions and or!anisations as the ;o&ernor may, by order, s%e$ify H" The )hair%erson of e&ery 7etro%olitan Plannin! )ommittee shall forward the de&elo%ment %lan, as re$ommended by su$h )ommittee, to the ;o&ernment of the State
:86ZF9 Contin#ance o! e'isting la*s an% M#nici(alities9 G Notwithstandin! anythin! in this Part, any %ro&ision of any law relatin! to 7uni$i%alities in for$e in a State immediately before the $ommen$ement of the )onstitution HSe&enty8fourth Amendment A$t, 1//2, whi$h is in$onsistent with the %ro&isions of this Part, shall $ontinue to be in for$e until amended or re%ealed by a $om%etent #e!islature or other $om%etent authority or until the e%iration of one year from su$h $ommen$ement, whi$he&er is earlierD Pro&ided that all the 7uni$i%alities eistin! immediately before su$h $ommen$ement shall $ontinue till the e%iration of their duration, unless sooner dissol&ed by a resolution %assed to that effe$t by the #e!islati&e Assembly of that State or, in the $ase of a State ha&in! a #e!islati&e )oun$il, by ea$h
:86ZG9 .ar to inter!erence /$ co#rts in electoral &atters9 G Notwithstandin! anythin! in this )onstitution,G Ha the &alidity of any law relatin! to the delimitation of $onstituen$ies or the allotment of seats to su$h
$onstituen$ies, made or %ur%ortin! to be made under arti$le 2"3CA shall not be $alled in 'uestion in any $ourtE Hb no ele$tion to any 7uni$i%ality shall be $alled in 'uestion e%e$t by an ele$tion %etition %resented to su$h authority and in su$h manner as is %ro&ided for by or under any law made by the #e!islature of a State
/ART : THE SCHEDULED AND TRI.AL AREAS :889 A%&inistration o! Sce%#le% Areas an% Tri/al Areas9 G H1 The %ro&isions of the Fifth S$hedule shall a%%ly to the administration and $ontrol of the S$heduled Areas and S$heduled Tribes in any State JJJ other than the States of Assam 7e!halaya, Tri%ura and 7i*oram H2 The %ro&isions of the Sith S$hedule shall a%%ly to the administration of the tribal areas in the State of Assam, 7e!halaya, Tri%ura and 7i*oram
:88A9 For&ation o! an a#tono&o#s State co&(rising certain tri/al areas in Assa& an% creation o! local Legislat#re or Co#ncil o! Ministers or /ot tere!orG H1 Notwithstandin! anythin! in this )onstitution, Parliament may, by law, form within the State of Assam an autonomous State $om%risin! Hwhether wholly or in %art all or any of the tribal areas s%e$ified in Part I of the table a%%ended to %ara!ra%h 20 of the Sith S$hedule and $reate thereforG Ha a body, whether ele$ted or %artly nominated and %artly ele$ted, to fun$tion as a #e!islature for the autonomous State, or Hb a )oun$il of 7inisters, or both with su$h $onstitution, %owers and fun$tions, in ea$h $ase, as may be s%e$ified in the law H2 Any su$h law as is referred to in $lause H1 may, in %arti$ular,G Ha s%e$ify the matters enumerated in the State #ist or the )on$urrent #ist with res%e$t to whi$h the #e!islature of the autonomous State shall ha&e %ower to mae laws for the whole or any %art thereof, whether to the e$lusion of the #e!islature of the State of Assam or otherwiseE Hb define the matters with res%e$t to whi$h the ee$uti&e %ower of the autonomous State shall etendE H$ %ro&ide that any ta le&ied by the State of Assam shall be assi!ned to the autonomous State in so far as the %ro$eeds thereof are attributable to the autonomous StateE Hd %ro&ide that any referen$e to a State in any arti$le of this )onstitution shall be $onstrued as in$ludin! a referen$e to the autonomous StateE and He mae su$h su%%lemental, in$idental and $onse'uential %ro&isions as may be deemed ne$essary H3 An amendment of any su$h law as aforesaid in so far as su$h amendment relates to any of the matters s%e$ified in sub8$lause Ha
or sub8$lause Hb of $lause H2 shall ha&e no effe$t unless the amendment is %assed in ea$h
/ART : RELATIONS .ET1EEN THE UNION AND THE STATES )9 E'tent o! la*s &a%e /$ Parlia&ent an% /$ te Legislat#res o! StatesG H1 Sub5e$t to the %ro&isions of this )onstitution, Parliament may mae laws for the whole or any %art of the territory of India, and the #e!islature of a State may mae laws for the whole or any %art of the State H2 No law made by Parliament shall be deemed to be in&alid on the !round that it would ha&e etra8territorial o%eration
:8@9 S#/ect-&atter o! la*s &a%e /$ Parlia&ent an% /$ te Legislat#res o! StatesG H1 Notwithstandin! anythin! in $lauses H2 and H3, Parliament has e$lusi&e %ower to mae laws with res%e$t to any of the matters enumerated in #ist I in the Se&enth S$hedule Hin this )onstitution referred to as the >Union #ist> H2 Notwithstandin! anythin! in $lause H3, Parliament and sub5e$t to $lause H1, the #e!islature of any State JJJ also, ha&e %ower to mae laws with res%e$t to any of the matters enumerated in #ist III in the Se&enth S$hedule Hin this )onstitution referred to as the >)on$urrent #ist> H3 Sub5e$t to $lauses H1 and H2, the #e!islature of any State JJJ has e$lusi&e %ower to mae laws for su$h State or any %art thereof with res%e$t to any of the matters enumerated in #ist II in the Se&enth S$hedule Hin this )onstitution referred to as the KState #ist: H" Parliament has %ower to mae laws with res%e$t to any matter for any %art of the territory of India not in$luded in a State notwithstandin! that su$h matter is a matter enumerated in the State #ist
:89 Po*er o! Parlia&ent to (ro)i%e !or te esta/lis&ent o! certain a%%itional co#rtsG Notwithstandin! anythin! in this )ha%ter, Parliament may by law %ro&ide for the establishment of any additional $ourts for the better
administration of laws made by Parliament or of any eistin! laws with res%e$t to a matter enumerated in the Union #ist
:8B9 Resi%#ar$ (o*ers o! legislationG H1 Parliament has e$lusi&e %ower to mae any law with res%e$t to any matter not enumerated in the )on$urrent #ist or State #ist H2 Su$h %ower shall in$lude the %ower of main! any law im%osin! a ta not mentioned in either of those #ists
:89 Po*er o! Parlia&ent to legislate *it res(ect to a &atter in te State List in te national interestG H1 Notwithstandin! anythin! in the fore!oin! %ro&isions of this )ha%ter, if the )oun$il of States has de$lared by resolution su%%orted by not less than two8thirds of the members %resent and &otin! that it is ne$essary or e%edient in national interest that Parliament should mae laws with res%e$t to any matter enumerated in the State #ist s%e$ified in the resolution, it shall be lawful for Parliament to mae laws for the whole or any %art of the territory of India with res%e$t to that matter while the resolution remains in for$e H2 A resolution %assed under $lause H1 shall remain in for$e for su$h %eriod not e$eedin! one year as may be s%e$ified thereinD Pro&ided that, if and so often as a resolution a%%ro&in! the $ontinuan$e in for$e of any su$h resolution is %assed in the manner %ro&ided in $lause H1, su$h resolution shall $ontinue in for$e for a further %eriod of one year from the date on whi$h under this $lause it would otherwise ha&e $eased to be in for$e H3 A law made by Parliament whi$h Parliament would not but for the %assin! of a resolution under $lause H1 ha&e been $om%etent to mae shall, to the etent of the in$om%eten$y, $ease to ha&e effe$t on the e%iration of a %eriod of si months after the resolution has $eased to be in for$e, e$e%t as res%e$ts thin!s done or omitted to be done before the e%iration of the said %eriod
:>9 Po*er o! Parlia&ent to legislate *it res(ect to an$ &atter in te State List i! a Procla&ation o! E&ergenc$ is in o(erationG H1 Notwithstandin! anythin! in this )ha%ter, Parliament shall, while a Pro$lamation of mer!en$y is in o%eration, ha&e, %ower to mae laws for the whole or any %art of the territory of India with res%e$t to any of the matters enumerated in the State #ist H2 A law made by Parliament whi$h Parliament would not but for the issue of a Pro$lamation of mer!en$y ha&e been $om%etent to mae shall, to the etent of the in$om%eten$y, $ease to ha&e effe$t on the e%iration of a %eriod of si months after the Pro$lamation has $eased to o%erate, e$e%t as res%e$ts thin!s done or omitted to be done before the e%iration of the said %eriod
:>79 Inconsistenc$ /et*een la*s &a%e /$ Parlia&ent #n%er articles :8 an% :> an% la*s &a%e /$ te Legislat#res o! StatesG Nothin! in arti$les 2"/ and 2(0 shall restri$t the %ower of the #e!islature of a State to mae any law whi$h under this )onstitution it has %ower to mae, but if any %ro&ision of a law made by the le!islature of a State is re%u!nant to any %ro&ision of a law made by Parliament whi$h Parliament has under either of the said arti$les %ower to mae, the law made by Parliament, whether %assed before or after the law made by the le!islature of the State, shall %re&ail, and the law made by the #e!islature of the State shall to the etent of the re%u!nan$y, but so lon! only as the law made by Parliament $ontinues to ha&e effe$t, be ino%erati&e
:>:9 Po*er o! Parlia&ent to legislate !or t*o or &ore States /$ consent an% a%o(tion o! s#c legislation /$ an$ oter StateG H1 If it a%%ears to the #e!islatures of two or more States to be desirable that any of the matters with res%e$t to whi$h Parliament has no %ower to mae laws for the States e$e%t as %ro&ided in arti$les 2"/ and 2(0 should be re!ulated in su$h States by Parliament by law, and if resolutions to that effe$t are %assed by all the
:>69 Legislation !or gi)ing e!!ect to international agree&entsG Notwithstandin! anythin! in the fore!oin! %ro&isions of this )ha%ter, Parliament has %ower to mae any law for the whole or any %art of the territory of India for im%lementin! any treaty, a!reement or $on&ention with any other $ountry or $ountries or any de$ision made at any international $onferen$e, asso$iation or other body
:>>9 Re"#ire&ents as to reco&&en%ations an% (re)io#s sanctions to /e regar%e% as &atters o! (roce%#re onl$G No A$t of Parliament or of the #e!islature of a State JJJ and no %ro&ision in any su$h A$t, shall be in&alid by reason only that some re$ommendation or %re&ious san$tion re'uired by this )onstitution was not !i&en, if assent to that A$t was !i&enG Ha where the re$ommendation re'uired was that of the ;o&ernor, either by the ;o&ernor or by the PresidentE
Hb where the re$ommendation re'uired was that of the Ra5%ramuh, either by the Ra5%ramuh or by the PresidentE H$ where the re$ommendation or %re&ious san$tion re'uired was that of the President, by the President
)@9 O/ligation o! States an% te UnionG The ee$uti&e %ower of e&ery State shall be so eer$ised as to ensure $om%lian$e with the laws made by Parliament and any eistin! laws whi$h a%%ly in that State, and the ee$uti&e %ower of the Union shall etend to the !i&in! of su$h dire$tions to a State as may a%%ear to the ;o&ernment of India to be ne$essary for that %ur%ose
:>9 Control o! te Union o)er States in certain casesG H1 The ee$uti&e %ower of e&ery State shall be so eer$ised as not to im%ede or %re5udi$e the eer$ise of the ee$uti&e %ower of the Union, and the ee$uti&e %ower of the Union shall etend to the !i&in! of su$h dire$tions to a State as may a%%ear to the ;o&ernment of India to be ne$essary for that %ur%ose H2 The ee$uti&e %ower of the Union shall also etend to the !i&in! of dire$tions to a State as to the $onstru$tion and maintenan$e of means of $ommuni$ation de$lared in the dire$tion to be of national or military im%ortan$eD Pro&ided that nothin! in this $lause shall be taen as restri$tin! the %ower of Parliament to de$lare hi!hways or waterways to be national hi!hways or national waterways so de$lared or the %ower of the Union to $onstru$t and maintain means of $ommuni$ation as %art of its fun$tions with res%e$t to na&al, military and air for$e wors H3 The ee$uti&e %ower of the Union shall also etend to the !i&in! of dire$tions to a State as to the measures to be taen for the %rote$tion of the railways within the State H" here in $arryin! out any dire$tion !i&en to a State under $lause H2 as to the $onstru$tion or maintenan$e of any means of $ommuni$ation or under $lause H3 as to the measures to be taen for the %rote$tion of any railway, $osts ha&e been in$urred in e$ess of those whi$h would ha&e been in$urred in the dis$har!e of the normal duties of the State if su$h dire$tion had not been !i&en, there shall be %aid by the ;o&ernment of India to the State su$h sum as may be a!reed, or, in default of a!reement, as may be determined by an arbitrator a%%ointed by the )hief =usti$e of India, in res%e$t of the etra $osts so in$urred by the State
:>A9 Assistance to States /$ %e(lo$&ent o! ar&e% !orces or oter !orces o! te UnionG Rep. by the Constitution ('orty-fourth Amendment) Act, 1!, sec. (#.e.f. $-%-1!).
:>B9 Po*er o! te Union to con!er (o*ers0 etc 9 0 on States in certain casesG H1 Notwithstandin! anythin! in this )onstitution, the President may, with the $onsent of the ;o&ernor of a State, entrust either $onditionally or un$onditionally to that ;o&ernment or to its offi$ers fun$tions in relation to any matter to whi$h the ee$uti&e %ower of the Union etends H2 A law made by Parliament whi$h a%%lies in any State may, notwithstandin! that it relates to a matter with res%e$t to whi$h the #e!islature of the State has no %ower to mae laws, $onfer %owers and im%ose duties, or authorise the $onferrin! of %owers and the im%osition of duties, u%on the State or offi$ers and authorities thereof H3 here by &irtue of this arti$le %owers and duties ha&e been $onferred or im%osed u%on a State or offi$ers or authorities thereof, there shall be %aid by the ;o&ernment of India to the State su$h sum as may be a!reed, or, in default of a!reement, as may be determined by an arbitrator a%%ointed by the )hief =usti$e of India, in res%e$t of any etra $osts of administration in$urred by the State in $onne$tion with the eer$ise of those %owers and duties
:>BA9 Po*er o! te States to entr#st !#nctions to te UnionG Notwithstandin! anythin! in this )onstitution, the ;o&ernor of a State may, with the $onsent of the ;o&ernment of India, entrust either $onditionally or un$onditionally to that ;o&ernment or to its offi$ers fun$tions in relation to any matter to whi$h the ee$uti&e %ower of the State etends
:>9 Ar&e% Forces in States in Part . o! te First Sce%#leG Rep. by the Constitution (4eventh Amendment) Act, 1"%, sec. $ and 4ch.
:@9 2#ris%iction o! te Union in relation to territories o#tsi%e In%iaG The ;o&ernment of India may by a!reement with the ;o&ernment of any territory not bein! %art of the territory of India undertae any ee$uti&e, le!islati&e or 5udi$ial fun$tions &ested in the ;o&ernment of su$h territory, but e&ery su$h a!reement shall be sub5e$t to, and !o&erned by, any law relatin! to the eer$ise of forei!n 5urisdi$tion for the time bein! in for$e
:@79 P#/lic acts0 recor%s an% #%icial (rocee%ingsG Full faith and $redit shall be !i&en throu!hout the territory of India to %ubli$ a$ts, re$ords and 5udi$ial %ro$eedin!s of the Union and of e&ery State
H2 The manner in whi$h and the $onditions under whi$h the a$ts, re$ords and %ro$eedin!s referred to in $lause H1 shall be %ro&ed and the effe$t thereof determined shall be as %ro&ided by law made by Parliament H3 Final 5ud!ments or orders deli&ered or %assed by $i&il $ourts in any %art of the territory of India shall be $a%able of ee$ution anywhere within that territory a$$ordin! to law
9isputes relatin+ to ;aters :@:9 A%#%ication o! %is(#tes relating to *aters o! inter-State ri)ers or ri)er )alle$sG H1 Parliament may by law %ro&ide for the ad5udi$ation of any dis%ute or $om%laint with res%e$t to the use, distribution or $ontrol of the waters of, or in, any inter8State ri&er or ri&er &alley H2 Notwithstandin! anythin! in this )onstitution, Parliament may by law %ro&ide that neither the Su%reme )ourt nor any other $ourt shall eer$ise 5urisdi$tion in res%e$t of any su$h dis%ute or $om%laint as is referred to in $lause H1
Co-ordination bet#een 4tates :@69 Pro)isions *it res(ect to an inter-State Co#ncilG If at any time it a%%ears to the President that the %ubli$ interests would be ser&ed by the establishment of a )oun$il $har!ed with the duty ofG Ha in'uirin! into and ad&isin! u%on dis%utes whi$h may ha&e arisen between StatesE Hb in&esti!atin! and dis$ussin! sub5e$ts in whi$h some or all of the States, or the Union and one or more of the States, ha&e a $ommon interestE or H$ main! re$ommendations u%on any su$h sub5e$t and, in %arti$ular, re$ommendations for the better $o8ordination of %oli$y and a$tion with res%e$t to that sub5e$t, it shall be lawful for the President by order to establish su$h a )oun$il, and to define the nature of the duties to be %erformed by it and its or!anisation and %ro$edure
/ART : FINANCE0 PROPERTY0 CONTRACTS AND SUITS )Finan$e )ommission> means a Finan$e )ommission $onstituted under arti$le 2.0
:@>9 Ta'es not to /e i&(ose% sa)e /$ a#torit$ o! la*G No ta shall be le&ied or $olle$ted e$e%t by authority of law
:@@9 Consoli%ate% F#n%s an% (#/lic acco#nts o! In%ia an% o! te StatesG H1 Sub5e$t to the %ro&isions of arti$le 2+- and to the %ro&isions of this )ha%ter with res%e$t to the assi!nment of the whole or %art of the net %ro$eeds of $ertain taes and duties to States, all re&enues re$ei&ed by the ;o&ernment of India, all loans raised by that ;o&ernment by the issue of treasury bills, loans or ways and money ad&an$es and all moneys re$ei&ed by that ;o&ernment in re%ayment of loans shall form one $onsolidated fund to be entitled >the )onsolidated Fund of India>, and all re&enues re$ei&ed by the ;o&ernment of a State, all loans raised by that ;o&ernment by the issue of treasury bills, loans or ways and money ad&an$es and all moneys re$ei&ed by that ;o&ernment in re%ayment of loans shall form one $onsolidated fund to be entitled >the )onsolidated Fund of the State> H2 All other %ubli$ moneys re$ei&ed by or on behalf of the ;o&ernment of India or the ;o&ernment of a State shall be $redited to the %ubli$ a$$ount of India or the %ubli$ a$$ount of the State, as the $ase may be H3 No moneys out of the )onsolidated Fund of India or the )onsolidated Fund of a State shall be a%%ro%riated e$e%t in a$$ordan$e with law and for the %ur%oses and in the manner %ro&ided in this )onstitution
:@9 Contingenc$ F#n%G H1 Parliament may by law establish a )ontin!en$y Fund in the nature of an im%rest to be entitled >the )ontin!en$y Fund of India> into whi$h shall be %aid from time to time su$h sums as may be determined by su$h law, and the said Fund shall be %la$ed at the dis%osal of the President to enable ad&an$es to be made by him out of su$h Fund for the %ur%oses of meetin! unforeseen e%enditure %endin! authorisation of su$h e%enditure by Parliament by law under arti$le 11( or arti$le 11+ H2 The #e!islature of a State may by law establish a )ontin!en$y Fund in the nature of an im%rest to be entitled >the )ontin!en$y Fund of the State> into whi$h shall be %aid from time to time su$h sums as may be determined by su$h law, and the said Fund shall be %la$ed at the dis%osal of the ;o&ernor JJJ of the State to enable ad&an$es to be made by him out of su$h Fund for the %ur%oses of meetin! unforeseen e%enditure %endin! authorisation of su$h e%enditure by the #e!islature of the State by law under arti$le 20( or arti$le 20+
9istribution of Revenues bet#een the
Ha in the $ase where su$h duties are le&iable within any Union territory, by the ;o&ernment of India, and Hb in other $ases, by the States within whi$h su$h duties are res%e$ti&ely le&iable H2 The %ro$eeds in any finan$ial year of any su$h duty le&iable within any State shall not form %art of the )onsolidated Fund of India, but shall be assi!ned to that State
:@9 Ta'es le)ie% an% collecte% /$ te Union /#t assigne% to te StatesG H1 The followin! duties and taes shall be le&ied and $olle$ted by the ;o&ernment of India but shall be assi!ned to the States in the manner %ro&ided in $lause H2, namelyDG Ha duties in res%e$t of su$$ession to %ro%erty other than a!ri$ultural landE Hb estate duty in res%e$t of %ro%erty other than a!ri$ultural landE H$ terminal taes on !oods or %assen!ers $arried by railway, sea or airE Hd taes on railway fares and frei!htsE He taes other than stam% duties on transa$tions in sto$8 e$han!es and futures maretsE Hf taes on the sale or %ur$hase of news%a%ers and on ad&ertisements %ublished thereinE H! taes on the sale or %ur$hase of !oods other than news%a%ers, where su$h sale or %ur$hase taes %la$e in the $ourse of inter8State trade or $ommer$eE Hh taes on the $onsi!nment of !oods Hwhether the $onsi!nment is to the %erson main! it or to any other %erson, where su$h $onsi!nment taes %la$e in the $ourse of inter8State trade or $ommer$e H2 The net %ro$eeds in any finan$ial year of any su$h duty or ta, e$e%t in so far as those %ro$eeds re%resent %ro$eeds attributable to Union territories, shall not form %art of the )onsolidated Fund of India, but shall be assi!ned to the States within whi$h that duty or ta is le&iable in that year, and shall be distributed amon! those States in a$$ordan$e with su$h %rin$i%les of distribution as may be formulated by Parliament by law H3 Parliament may by law formulate %rin$i%les for determinin! when a sale or %ur$hase of, or $onsi!nment of, !oods taes %la$e in the $ourse of inter8State or $ommer$e
:9 Ta'es le)ie% an% collecte% /$ te Union an% %istri/#te% /et*een te Union an% te States9 G H1 Taes on in$ome other than a!ri$ultural in$ome shall be le&ied and $olle$ted by the ;o&ernment of India and distributed between the Union and the States in the manner %ro&ided in $lause H2 H2 Su$h %er$enta!e, as may be %res$ribed3, of the net %ro$eeds in any finan$ial year of any su$h ta, e$e%t in so far as those %ro$eeds re%resent %ro$eeds attributable to Union territories or to
taes %ayable in res%e$t of Union emoluments, shall not form %art of the )onsolidated Fund of India, but shall be assi!ned to the States within whi$h that ta is le&iable in that year, and shall be distributed amon! those States in su$h manner and from su$h time as may be %res$ribed H3 For the %ur%oses of $lause H2, in ea$h finan$ial year su$h %er$enta!e as may be %res$ribed of so mu$h of the net %ro$eeds of taes on in$ome as does not re%resent the net %ro$eeds of taes %ayable in res%e$t of Union emoluments shall be deemed to re%resent %ro$eeds attributable to Union territories H" In this arti$leG Ha >taes on in$ome> does not in$lude a $or%oration taE Hb >%res$ribed> meansG Hi until a Finan$e )ommission has been $onstituted, %res$ribed by the President by order, and Hii after a Finan$e )ommission has been $onstituted, %res$ribed by the President by order after $onsiderin! the re$ommendations of the Finan$e )ommissionE H$ >Union emoluments> in$ludes all emoluments and %ensions %ayable out of the )onsolidated Fund of India in res%e$t of whi$h in$ome8ta is $har!eable
:79 S#rcarge on certain %#ties an% ta'es !or (#r(oses o! te UnionG Notwithstandin! anythin! in arti$les 2+/ and 2-0, Parliament may at any time in$rease any of the duties or taes referred to in those arti$les by a sur$har!e for %ur%oses of the Union and the whole %ro$eeds of any su$h sur$har!e shall form %art of the )onsolidated Fund of India
::9 Ta'es *ic are le)ie% an% collecte% /$ te Union an% &a$ /e %istri/#te% /et*een te Union an% te StatesG Union duties of e$ise other than su$h duties of e$ise on medi$inal and toilet %re%arations as are mentioned in the Union #ist shall be le&ied and $olle$ted by the ;o&ernment of India, but, if Parliament by law so %ro&ides, there shall be %aid out of the )onsolidated Fund of India to the States to whi$h the law im%osin! the duty etends sums e'ui&alent to the whole or any %art of the net %ro$eeds of that duty, and those sums shall be distributed amon! those States in a$$ordan$e with su$h %rin$i%les of distribution as may be formulated by su$h law
:69 Grants in lie# o! e'(ort %#t$ on #te an% #te (ro%#ctsG H1 There shall be $har!ed on the )onsolidated Fund of India in ea$h year as !rants8in8aid of the re&enues of the States of Assam, ihar, 6rissa and est en!al, in lieu of assi!nment of any share of the net %ro$eeds in ea$h year of e%ort duty on 5ute and 5ute %rodu$ts to those States, su$h sums as may be %res$ribed
H2 The sums so %res$ribed shall $ontinue to be $har!ed on the )onsolidated Fund of India so lon! as any e%ort duty on 5ute or 5ute %rodu$ts $ontinues to be le&ied by the ;o&ernment of India or until the e%iration of ten years from the $ommen$ement of this )onstitution, whi$he&er is earlier H3 In this arti$le, the e%ression >%res$ribed> has the same meanin! as in arti$le 2-0
:89 Prior reco&&en%ation o! Presi%ent re"#ire% to .ills a!!ecting ta'ation in *ic States are intereste%G H1 No ill or amendment whi$h im%oses or &aries any ta or duty in whi$h States are interested, or whi$h &aries the meanin! of the e%ression >a!ri$ultural in$ome> as defined for the %ur%oses of the ena$tments relatin! to Indian In$ome8ta, or whi$h affe$ts the %rin$i%les on whi$h under any of the fore!oin! %ro&isions of this )ha%ter moneys are or may be distributable to State, or whi$h im%oses any sur$har!e for the %ur%oses of the Union as is mentioned in the fore!oin! %ro&isions of this )ha%ter, shall be introdu$ed or mo&ed in either ta or duty in whi$h States are interested> meansG Ha a ta or duty the whole or %art of the net %ro$eeds whereof are assi!ned to any StateE or Hb a ta or duty by referen$e to the net %ro$eeds whereof sums are for the time bein! %ayable out of the )onsolidated Fund of India to any State
:>9 Grants !ro& te Union to certain StatesG H1 Su$h sums as Parliament may by law %ro&ide shall be $har!ed on the )onsolidated Fund of India in ea$h year as !rants8in8aid of the re&enues of su$h States as Parliament may determine to be in need of assistan$e, and different sums may be fied for different StatesD Pro&ided that there shall be %aid out of the )onsolidated Fund of India as !rants8in8aid of the re&enues of a State su$h $a%ital and re$urrin! sums as may be ne$essary to enable that State to meet the $osts of su$h s$hemes of de&elo%ment as may be undertaen by the State with the a%%ro&al of the ;o&ernment of India for the %ur%ose of %romotin! the welfare of the S$heduled Tribes in that State or raisin! the le&el of administration of the S$heduled Areas therein to that of the administration of the rest of the areas of that StateD Pro&ided further that there shall be %aid out of the )onsolidated Fund of India as !rants8in8aid of the re&enues of the State of Assam sums, $a%ital and re$urrin!, e'ui&alent toG Ha the a&era!e e$ess of e%enditure o&er the re&enues durin! the two years immediately %re$edin! the $ommen$ement of this )onstitution in res%e$t of the administration of the tribal
areas s%e$ified in Part I of the table a%%ended to %ara!ra%h 20 of the Sith S$heduleE and Hb the $osts of su$h s$hemes of de&elo%ment as may be undertaen by that State with the a%%ro&al of the ;o&ernment of India for the %ur%ose of raisin! the le&el of administration of the said areas to that of the administration of the rest of the areas of that State H1A 6n and from the formation of the autonomous State under arti$le 2""A,G Hi any sums %ayable under $lause Ha of the se$ond %ro&iso to $lause H1 shall, if the autonomous State therein, be %aid to the autonomous State, and, if the autonomous State $om%rises only some of those tribal areas, be a%%ortioned between the State of Assam and the autonomous State as the President may, by order, s%e$ifyE Hii there shall be %aid out of the )onsolidated Fund of India as !rants8in8aid of the re&enues of the autonomous State sums, $a%ital and re$urrin!, e'ui&alent to the $osts of su$h s$hemes of de&elo%ment as may be undertaen by the autonomous State with the a%%ro&al of the ;o&ernment of India for the %ur%ose of raisin! the le&el of administration of that State to that of the administration of the rest of the State of Assam H2 Until %ro&ision is made by Parliament under $lause H1, the %owers $onferred on Parliament under that $lause shall be eer$isable by the President by order and any order made by the President under this $lause shall ha&e effe$t sub5e$t to any %ro&ision so made by ParliamentD Pro&ided that after a Finan$e )ommission has been $onstituted no order shall be made under this $lause by the President e$e%t after $onsiderin! the re$ommendations of the Finan$e )ommission
:@9 Ta'es on (ro!essions0 tra%es0 callings an% e&(lo$&entsG H1 Notwithstandin! anythin! in arti$le 2"+, no law of the #e!islature of a State relatin! to taes for the benefit of the State or of a muni$i%ality, distri$t board, lo$al board or other lo$al authority therein in res%e$t of %rofessions, trades, $allin!s or em%loyments shall be in&alid on the !round that it relates to a ta on in$ome H2 The total amount %ayable in res%e$t of any one %erson to the State or to any one muni$i%ality, distri$t board, lo$al board or other lo$al authority in the State by way of taes on %rofessions, trades, $allin!s and em%loyments shall not e$eed two thousand and fi&e hundred ru%ees %er annumD JJJ H3 The %ower of the #e!islature of a State to mae laws as aforesaid with res%e$t to taes on %rofessions, trades, $allin!s and em%loyments shall not be $onstrued as limitin! in any way the %ower of Parliament to mae laws with res%e$t to taes on in$ome a$$ruin! from or arisin! out of %rofessions, trades, $allin!s and em%loyments L
:9 Sa)ingsG Any taes, duties, $esses or fees whi$h, immediately before the $ommen$ement of this )onstitution, were bein! lawfully le&ied by the ;o&ernment of any State or by any muni$i%ality or other lo$al authority or body for the %ur%oses of the State, muni$i%ality, distri$t or other lo$al area may, notwithstandin! that those taes, duties, $esses or fees are mentioned in the Union #ist, $ontinue to be le&ied and to be a%%lied to the same %ur%oses until %ro&ision to the $ontrary is made by Parliament by law
:B9 Agree&ent *it States in Part . o! te First Sce%#le *it regar% to certain !inancial &attersG Rep. by the Constitution (4eventh Amendment) Act, 1"%, sec. $ and 4ch.
:9 Calc#lation o! net (rocee%s0 etc 9 G H1 In the fore!oin! %ro&isions of this )ha%ter, >net %ro$eeds> means in relation to any ta or duty the %ro$eeds thereof redu$ed by the $ost of $olle$tion, and for the %ur%oses of those %ro&isions the net %ro$eeds of any ta or duty, or of any %art of any ta or duty, in or attributable to any area shall be as$ertained and $ertified by the )om%troller and Auditor8;eneral of India, whose $ertifi$ate shall be final H2 Sub5e$t as aforesaid, and to any other e%ress %ro&ision of this )ha%ter, a law made by Parliament or an order of the President may, in any $ase where under this Part the %ro$eeds of any duty or ta are, or may be, assi!ned to any State, %ro&ide for the manner in whi$h the %ro$eeds are to be $al$ulated, for the time from or at whi$h and the manner in whi$h any %ayments are to be made, for the main! of ad5ustments between one finan$ial year and another, and for any other in$idental or an$illary matters
:B9 Finance Co&&issionG H1 The President shall, within two years from the $ommen$ement of this )onstitution and thereafter at the e%iration of e&ery fifth year or at su$h earlier time as the President $onsiders ne$essary, by order $onstitute a Finan$e )ommission whi$h shall $onsist of a )hairman and four other members to be a%%ointed by the President H2 Parliament may by law determine the 'ualifi$ations whi$h shall be re'uisite for a%%ointment as members of the )ommission and the manner in whi$h they shall be sele$ted H3 It shall be the duty of the )ommission to mae re$ommendations to the President as toG Ha the distribution between the Union and the States of the net %ro$eeds of taes whi$h are to be, or may be, di&ided between them under this )ha%ter and the allo$ation between the States of the res%e$ti&e shares of su$h %ro$eedsE
Hb the %rin$i%les whi$h should !o&ern the !rants8in8aid of the re&enues of the States out of the )onsolidated Fund of IndiaE Hbb the measures needed to au!ment the )onsolidated Fund of a State to su%%lement the resour$es of the Pan$hayats in the State on the basis of the re$ommendations made by the Finan$e )ommission of the StateE H$ the measures needed to au!ment the )onsolidated Fund of a State of su%%lement the resour$es of the 7uni$i%alities in the State on the basis of the re$ommendations made by the Finan$e )ommission of the StateE Hd any other matter referred to the )ommission by the President in the interests of sound finan$e H" The )ommission shall determine their %ro$edure and shall ha&e su$h %owers in the %erforman$e of their fun$tions as Parliament may by law $onfer on them
:B79 Reco&&en%ations o! te Finance Co&&issionG The President shall $ause e&ery re$ommendation made by the Finan$e )ommission under the %ro&isions of this )onstitution to!ether with an e%lanatory memorandum as to the a$tion taen thereon to be laid before ea$h
3iscellaneous 'inancial /rovisions :B:9 E'(en%it#re %e!ra$a/le /$ te Union or a State o#t o! its re)en#esG The Union or a State may mae any !rants for any %ubli$ %ur%ose, notwithstandin! that the %ur%ose is not one with res%e$t to whi$h Parliament or the #e!islature of the State, as the $ase may be, may mae laws
:B69 C#sto%$0 etc 9 o! Consoli%ate% F#n%s0 Contingenc$ F#n%s an% &one$s cre%ite% to te (#/lic acco#ntsG H1 The $ustody of the )onsolidated Fund of India and the )ontin!en$y Fund of India, the %ayment of moneys into su$h Funds, the withdrawal of moneys therefrom, the $ustody of %ubli$ moneys other than those $redited to su$h Funds re$ei&ed by or on behalf of the ;o&ernment of India, their %ayment into the %ubli$ a$$ount of India and the withdrawal of moneys from su$h a$$ount and all other matters $onne$ted with or an$illary to matters aforesaid shall be re!ulated by law made by Parliament, and, until %ro&ision in that behalf is so made, shall be re!ulated by rules made by the President H2 The $ustody of the )onsolidated Fund of a State and the )ontin!en$y Fund of a State, the %ayment of moneys into su$h Funds, the withdrawal of moneys therefrom, the $ustody of %ubli$ moneys other than those $redited to su$h Funds, re$ei&ed by or on behalf of the ;o&ernment of the State, their %ayment into the %ubli$ a$$ount of the State and withdrawal of moneys from su$h a$$ount and all other matters $onne$ted with or an$illary to matters
aforesaid shall be re!ulated by law made by the #e!islature of the State, and, until %ro&ision in that behalf is so made, shall be re!ulated by rules made by the ;o&ernor JJJ of the State
:B89 C#sto%$ o! s#itors3 %e(osits an% oter &one$s recei)e% /$ (#/lic ser)ants an% co#rtsG All moneys re$ei&ed by or de%osited withG Ha any offi$er em%loyed in $onne$tion with the affairs of the Union or of a State in his $a%a$ity as su$h, other than re&enues or %ubli$ moneys raised or re$ei&ed by the ;o&ernment of India or the ;o&ernment of the State, as the $ase may be, or Hb any $ourt within the territory of India to the $redit of any $ause, matter, a$$ount or %ersons, shall be %aid into the %ubli$ a$$ount of India or the %ubli$ a$$ount of the State, as the $ase may be
:B>9 E'e&(tion o! (ro(ert$ o! te Union !ro& State ta'ationG H1 The %ro%erty of the Union shall, sa&e in so far as Parliament may by law otherwise %ro&ide, be eem%t from all taes im%osed by a State or by any authority within a State H2 Nothin! in $lause H1 shall, until Parliament by law otherwise %ro&ides, %re&ent any authority within a State from le&yin! any ta on any %ro%erty of the Union to whi$h su$h %ro%erty was immediately before the $ommen$ement of this )onstitution liable or treated as liable, so lon! as that ta $ontinues to be le&ied in that State
:B@9 Restrictions as to i&(osition o! ta' on te sale or (#rcase o! goo%sG H1 No law of a State shall im%ose, or authorise the im%osition of, a ta on the sale or %ur$hase of !oods where su$h sale or %ur$hase taes %la$eG Ha outside the StateE or Hb in the $ourse of the im%ort of the !oods into, or e%ort of the !oods out of, the territory of India JJJ H2 Parliament may by law formulate %rin$i%les for determinin! when a sale or %ur$hase of !oods taes %la$e in any of the ways mentioned in $lause H1 H3 Any law of a State shall, in so far as it im%oses, or authorises the im%osition of,G Ha a ta on the sale or %ur$hase of !oods de$lared by Parliament by law to be of s%e$ial im%ortan$e in inter8State trade or $ommer$eE or Hb a ta on the sale or %ur$hase of !oods, bein! a ta of the nature referred to in sub8$lause Hb, sub8$lause H$ or sub8 $lause Hd of $lause H2/A of arti$le 3++, be sub5e$t to su$h restri$tions and $onditions in re!ard to the system of le&y,
rates and other in$idents of the ta as Parliament may by law s%e$ify
:B9 E'e&(tion !ro& ta'es on electricit$G Sa&e in so far as Parliament may by law otherwise %ro&ide, no law of a State shall im%ose, or authorise the im%osition of, a ta on the $onsum%tion or sale of ele$tri$ity Hwhether %rodu$ed by a ;o&ernment or other %ersons whi$h isG Ha $onsumed by the ;o&ernment of India, or sold to the ;o&ernment of India for $onsum%tion by that ;o&ernmentE or Hb $onsumed in the $onstru$tion, maintenan$e or o%eration of any railway by the ;o&ernment of India or a railway $om%any o%eratin! that railway, or sold to that ;o&ernment or any su$h railway $om%any for $onsum%tion in the $onstru$tion, maintenan$e or o%eration of any railway, and any su$h law im%osin!, or authorisin! the im%osition of, a ta on the sale of ele$tri$ity shall se$ure that the %ri$e of ele$tri$ity sold to the ;o&ernment of India for $onsum%tion by that ;o&ernment, or to any su$h railway $om%any as aforesaid for $onsum%tion in the $onstru$tion, maintenan$e or o%eration of any railway, shall be less by the amount of the ta than the %ri$e $har!ed to other $onsumers of a substantial 'uantity of ele$tri$ity
:BB9 E'e&(tion !ro& ta'ation /$ States in res(ect o! *ater or electricit$ in certain casesG H1 Sa&e in so far as the President may by order otherwise %ro&ide, no law of a State in for$e immediately before the $ommen$ement of this )onstitution shall im%ose, or authorise the im%osition of, a ta in res%e$t of any water or ele$tri$ity stored, !enerated, $onsumed, distributed or sold by any authority established by any eistin! law or any law made by Parliament for re!ulatin! or de&elo%in! any inter8State ri&er or ri&er8&alley 6xplanation GThe e%ression >law of a State in for$e> in this $lause shall in$lude a law of a State %assed or made before the $ommen$ement of this )onstitution and not %re&iously re%ealed, notwithstandin! that it or %arts of it may not be then in o%eration either at all or in %arti$ular areas H2 The #e!islature of a State may by law im%ose, or authorise the im%osition of, any su$h ta as is mentioned in $lause H1, but no su$h law shall ha&e any effe$t unless it has, after ha&in! been reser&ed for the $onsideration of the President re$ei&ed his assentE and if any su$h law %ro&ides for the fiation of the rates and other in$idents of su$h ta by means of rules or orders to be made under the law by any authority, the law shall %ro&ide for the %re&ious $onsent of the President bein! obtained to the main! of any su$h rule or order
:B9 E'e&(tion o! (ro(ert$ an% inco&e o! a State !ro& Union ta'ationG
H1 The %ro%erty and in$ome of a State shall be eem%t from Union taation H2 Nothin! in $lause H1 shall %re&ent the Union from im%osin!, or authorisin! the im%osition of, any ta to su$h etent, if any, as Parliament may by law %ro&ide in res%e$t of a trade or business of any ind $arried on by, or on behalf of, the ;o&ernment of a State, or any o%erations $onne$ted therewith, or any %ro%erty used or o$$u%ied for the %ur%oses of su$h trade or business, or any in$ome a$$ruin! or arisin! in $onne$tion therewith H3 Nothin! in $lause H2 shall a%%ly to any trade or business, or to any $lass of trade or business, whi$h Parliament may by law de$lare to be in$idental to the ordinary fun$tions of ;o&ernment
:9 A%#st&ent in res(ect o! certain e'(enses an% (ensionsG here under the %ro&isions of this )onstitution the e%enses of any $ourt or )ommission, or the %ension %ayable to or in res%e$t of a %erson who has ser&ed before the $ommen$ement of this )onstitution under the )rown in India or after su$h $ommen$ement in $onne$tion with the affairs of the Union or of a State, are $har!ed on the )onsolidated Fund of India or the )onsolidated Fund of a State, then, ifG Ha in the $ase of a $har!e on the )onsolidated Fund of India, the $ourt or )ommission ser&es any of the se%arate needs of a State, or the %erson has ser&ed wholly or in %art in $onne$tion with the affairs of a StateE or Hb in the $ase of a $har!e on the )onsolidated Fund of a State, the $ourt or )ommission ser&es any of the se%arate needs of the Union or another State, or the %erson has ser&ed wholly or in %art in $onne$tion with the affairs of the Union or another State, there shall be $har!ed on and %aid out of the )onsolidated Fund of the State or, as the $ase may be, the )onsolidated Fund of India or the )onsolidated Fund of the other State, su$h $ontribution in res%e$t of the e%enses or %ension as may be a!reed, or as may in default of a!reement be determined by an arbitrator to be a%%ointed by the )hief =usti$e of India
:A9 Ann#al (a$&ent to certain De)as*o& F#n%sG A sum of forty8si lahs and fifty thousand ru%ees shall be $har!ed on, and %aid out of, the )onsolidated Fund of the State of ?erala e&ery year to the Tra&an$ore e&aswom FundE and a sum of thirteen lahs and fifty thousand ru%ees shall be $har!ed on, and %aid out of the )onsolidated Fund of the State of Tamil Nadu, e&ery year to the e&aswom Fund established in that State for the maintenan$e of
:79 Pri)$ (#rse s#&s o! R#lersG
Rep. by the Constitution (T#enty-sixth Amendment) Act, 1!1, sec. $.
)
:69 .orro*ing /$ StatesG H1 Sub5e$t to the %ro&isions of this arti$le, the ee$uti&e %ower of a State etends to borrowin! within the territory of India u%on the se$urity of the )onsolidated Fund of the State within su$h limits, if any, as may from time to time be fied by the #e!islature of su$h State by law and to the !i&in! of !uarantees within su$h limits, if any, as may be so fied H2 The ;o&ernment of India may, sub5e$t to su$h $onditions as may be laid down by or under any law made by Parliament, mae loans to any State or, so lon! as any limits fied under arti$le 2/2 are not e$eeded, !i&e !uarantees in res%e$t of loans raised by any State, and any sums re'uired for the %ur%ose of main! su$h loans shall be $har!ed on the )onsolidated Fund of India H3 A State may not without the $onsent of the ;o&ernment of India raise any loan if there is still outstandin! any %art of a loan whi$h has been made to the State by the ;o&ernment of India or by its %rede$essor ;o&ernment, or in res%e$t of whi$h a !uarantee has been !i&en by the ;o&ernment of India or by its %rede$essor ;o&ernment H" A $onsent under $lause H3 may be !ranted sub5e$t to su$h $onditions, if any, as the ;o&ernment of India may thin fit to im%ose
)
res%e$ti&ely of the ;o&ernment of India and the ;o&ernment of ea$h $orres%ondin! State, sub5e$t to any ad5ustment made or to be made by reason of the $reation before the $ommen$ement of this )onstitution of the ominion of Paistan or of the Pro&in$es of est en!al, est Pun5ab and ast Pun5ab
:>9 S#ccession to (ro(ert$0 assets0 rigts0 lia/ilities an% o/ligations in oter casesG H1 As from the $ommen$ement of this )onstitutionG Ha all %ro%erty and assets whi$h immediately before su$h $ommen$ement were &ested in any Indian State $orres%ondin! to a State s%e$ified in Part of the First S$hedule shall &est in the Union, if the %ur%oses for whi$h su$h %ro%erty and assets were held immediately before su$h $ommen$ement will thereafter be %ur%oses of the Union relatin! to any of the matters enumerated in the Union #ist, and Hb all ri!hts, liabilities and obli!ations of the ;o&ernment of any Indian State $orres%ondin! to a State s%e$ified in Part of the First S$hedule, whether arisin! out of any $ontra$t or otherwise, shall be the ri!hts, liabilities and obli!ations of the ;o&ernment of India, if the %ur%oses for whi$h su$h ri!hts were a$'uired or liabilities or obli!ations were in$urred before su$h $ommen$ement will thereafter be %ur%oses of the ;o&ernment of India relatin! to any of the matters enumerated in the Union #ist, sub5e$t to any a!reement entered into in that behalf by the ;o&ernment of India with the ;o&ernment of that State H2 Sub5e$t as aforesaid, the ;o&ernment of ea$h State s%e$ified in Part of the First S$hedule shall, as from the $ommen$ement of this )onstitution, be the su$$essor of the ;o&ernment of the $orres%ondin! Indian State as re!ards all %ro%erty and assets and all ri!hts, liabilities and obli!ations, whether arisin! out of any $ontra$t or otherwise, other than those referred to in $lause H1
:@9 Pro(ert$ accr#ing /$ esceat or la(se or as bona vacantia G Sub5e$t as hereinafter %ro&ided any %ro%erty in the territory of India whi$h, if this )onstitution had not $ome into o%eration, would ha&e a$$rued to
6xplanation GIn GIn the arti$le arti$le,, the e%res e%ressio sions ns >Ruler> >Ruler> and >India >Indian n State> ha&e the same meanin!s as in arti$le 3+3
:9 :9 Tings Tings o! )al#e )al#e *itin *itin territo territoria riall *aters *aters or contin continent ental al sel! an% reso#rces o! te e'cl#si)e econo&ic ?one to )est in te UnionG UnionG H1 All lands, minerals and other thin!s of &alue underlyin! the o$ean within the territorial waters, or the $ontinental shelf, or the e$lusi&e e$onomi$ *one, of India shall &est in the Union and be held for the %ur%oses of the Union H2 All other resour$es of the e$lusi&e e$onomi$ *one of India shall also &est in the Union and be held for the %ur%oses of the Union H3 The limits limits of the territ territori orial al waters waters,, the $ontin $ontinent ental al shelf, shelf, the e$lusi&e e$onomi$ *one, and other maritime *ones, of India shall be su$h as may be s%e$ified, from time to time, by or under any law made by Parliament
:B9 Po*er to carr$ on tra%e0 etc 9 G G The ee$uti&e %ower of the Union and of ea$h State shall etend to the $arryin! on of any trade or business and to the a$'uisition, holdin! and dis%osal of %ro%erty and the main! of $ontra$ts for any %ur%oseD Pro&ided thatG Ha the said ee$uti&e %ower of the Union shall, in so far as su$h su$h trad trade e or busi busine ness ss or su$h su$h %ur% %ur%os ose e is not not one one with with res%e$t to whi$h Parliament may mae laws, be sub5e$t in ea$h State to le!islation by the StateE and Hb the said ee$uti&e %ower of ea$h State shall, in so far as su$h su$h trad trade e or busi busine ness ss or su$h su$h %ur% %ur%os ose e is not not one one with with res% res%e$ e$tt to whi$ whi$h h the the Stat State e #e!i #e!isl slat ature ure ma may y ma mae e laws laws,, be sub5e$t to le!islation by Parliament
:9 ContractsG ContractsG H1 All $ontra$ts made in the eer$ise of the ee$uti&e %ower of the Union or of a State shall be e%ressed to be made by the President, or by the ;o&ernor JJJ of the State, as the $ase may be, and all su$h $ontra$ts and all assuran$es of %ro%erty made in the eer$ise of that that %owe %owerr shal shalll be ee$ ee$ut uted ed on beha behalf lf of the the Pres Presid iden entt or the the ;o&ernor JJJ by su$h %ersons and in su$h manner as he may dire$t or authorise H2 Neither the President nor the ;o&ernor JJJ shall be %ersonally liable in res%e$t of any $ontra$t or assuran$e made or ee$uted for the the %ur% %ur%os oses es of this this )ons )onsti titu tuti tion on,, or for for the the %ur% %ur%os oses es of any any ena$tment relatin! to the ;o&ernment of India heretofore in for$e, nor shall any %erson main! or ee$utin! any su$h $ontra$t or assuran$e on behalf of any of them be %ersonally liable in res%e$t thereof
69 S#its an% (rocee%ingsG (rocee%ingsG H1 The ;o&erment of India may sue or be sued by the name of the Union of India and the ;o&ernment of a State may sue or be sued by the name of the State and may, sub5e$t to any %ro&isions whi$h may be made by A$t of Parliament or of the #e!islature of su$h State ena$ted by &irtue of %owers $onferred by this )onstitution, sue or be sued in relation to their res%e$ti&e affairs in the lie $ases as the ominion of India and the $orres%ondin! Pro&in$es or the $orres%ondin! Indian States mi!ht ha&e sued or been sued if this )onstitution had not been ena$ted H2 If at the $ommen$ement of this )onstitutionG Ha any le!al %ro$eedin!s are %endin! to whi$h the ominion of India is a %arty, the Union of India shall be deemed to be substituted for the ominion in those %ro$eedin!sE and Hb any le!al %ro$eedin!s are %endin! to whi$h a Pro&in$e or an Indian State is a %arty, the $orres%ondin! State shall be deemed to be substituted for the Pro&in$e or the Indian State in those %ro$eedin!s
)
/ART : TRADE0 COMMERCE AND INTERCOURSE 1ITHIN THE TERRITORY OF INDIA 679 Free%o& o! tra%e0 co&&erce an% interco#rseG interco#rseG Sub5e$t to the other %ro&isions of this Part, trade, $ommer$e and inter$ourse throu!hout the territory of India shall be free
6:9 6:9 Po*e Po*err o! Parl Parlia ia&e &ent nt to i&(o i&(ose se rest restri rict ctio ions ns on tra% tra%e0 e0 co&&erce an% interco#rseG interco#rseG Parliament may by law im%ose su$h restri$tions on the freedom of trade, $ommer$e or inter$ourse between one State and another or within any %art of the territory of India as may be re'uired in the %ubli$ interest
669 Restrictions on te legislati)e (o*ers o! te Union an% o! te States *it regar% to tra%e an% co&&erceG co&&erceG H1 Notwithstandin! Notwithstandin! anythin! in arti$le arti$le 302, neither Parliament Parliament nor the #e!islature of a State shall ha&e %ower to mae any law !i&in!, or auth author oris isin in! ! the the !i&i !i&in! n! of, of, any any %ref %refer eren en$e $e to one one Stat State e o&er o&er another, or main!, or authorisin! the main! of, any dis$ri dis$rimin minati ation on betwee between n one State State and anothe another, r, by &irtue &irtue of any entry relatin! to trade and $ommer$e in any of the #ists in the Se&enth S$hedule
H2 Nothin! in $lause H1 shall %re&ent Parliament from main! any law !i&in!, or authorisin! the !i&in! of, any %referen$e or main!, or authorisin! the main! of, any dis$rimination if it is de$lared by su$h law that it is ne$essary to do so for the %ur%ose of dealin! with a situation arisin! from s$ar$ity of !oods in any %art of the territory of India
689 Restrictions on tra%e0 co&&erce an% interco#rse a&ong StatesG StatesG Notw Notwit iths hsta tan ndin! din! anyt anythi hin! n! in arti arti$l $le e 301 or arti$ rti$lle 303, 03, the the #e!islature of a State may by lawG Ha im%ose on !oods im%orted from other States or the Union territ territori ories es any ta to whi$h whi$h simila similarr !oods !oods manufa manufa$tu $tured red or %rodu %rodu$e $ed d in that that Stat State e are sub5 sub5e$ e$t, t, so, so, howe howe&e &er, r, as not not to dis$ dis$ri rimi mina nate te betw betwe een !ood !oods s so im%o im%ort rte ed and !oo !oods so manufa$tured or %rodu$edE and Hb Hb im%o im%ose se su$h su$h reas reason onab able le rest restri$ ri$ti tion ons s on the the freed freedom om of trade, $ommer$e or inter$ourse with or within that State as may be re'uired in the %ubli$ interestD Pro&ided that no ill or amendment for the %ur%oses of $lause Hb shall be introdu$ed or mo&ed in the #e!islature of a State without the %re&ious san$tion of the President
6>9 6>9 Sa)i Sa)ing ng o! e'is e'isti ting ng la*s la*s an% an% la*s la*s (ro) (ro)i% i%in ing g !or !or Stat State e &ono(olies9 G G Nothin! in arti$les 301 and 303 shall affe$t the %ro&isions of any eis istin! tin! law e$e e$e% %t in so far far as the the Pres reside ident ma may y by order rder other therwi wis se dire dire$t $tEE and and noth nothin in! ! in arti arti$ $le 301 301 shall hall affe affe$t $t the the o%era %erati tion on of any law law ma made de befo before re the the $omme ommen$ n$e ement ment of the the )onstitution HFourth Amendment A$t, 1/((, in so far as it relates to, or %re&ent Parliament or the #e!islature of a State from main! any law relatin! to, any su$h matter as is referred to in sub8$lause Hii of $lause H+ of arti$le 1/
6@9 Po*er o! certain States in Part . o! te First Sce%#le to i&(ose restrictions on tra%e an% co&&erceG co&&erceG =Rep. by the Constitution (4eventh Amendment) Act, 1"%, sec. $ and 4ch.
69 A((oint&ent o! a#torit$ !or carr$ing o#t te (#r(oses o! articles 67 to 68G 68G Parl Parlia iame ment nt ma may y by law law a%%o a%%oin intt su$h su$h auth author orit ity y as it $ons $onsid ider ers s a%%ro%riate for $arryin! out the %ur%oses of arti$les 301, 302, 303 and 30", and $onfer on the authority so a%%ointed su$h %owers and su$h duties as it thins ne$essary
/ART :0
SER+ICES UNDER THE UNION AND THE STATES )State> does not in$lude the State of =ammu and ?ashmir
69 Recr#it&ent an% con%itions o! ser)ice o! (ersons ser)ing te Union or a StateG StateG Sub5e$t to the %ro&isions of this )on )onstit tituti ution, A$t A$ts of the a%% a%%ro%r ro%ria iate te #e!i #e!isl slat atur ure e ma may y re!u re!ula late te the the re$ re$rui ruitme tment, nt, and and $onditions of ser&i$e of %ersons a%%ointed, to %ubli$ ser&i$es and %osts in $onne$tion with the affairs of the Union or of any StateD Pro&ided that it shall be $om%etent for the President or su$h %erson as he may dire$t in the $ase of ser&i$es and %osts in $onne$tion with the affairs of the Union, and for the ;o&ernor JJJ of a State or su$h %erson as he may dire$t in the $ase of ser&i$es and %osts in $onne$tion with the affairs of the State, to mae rules re!ulatin! the re$ruitment, and the $onditions of ser&i$e of %ersons a%%ointed, to su$h ser&i$es and %osts until %ro&ision in that behalf is made by or under an A$t of the a%%ro%riate #e!islature under this arti$le, and any rules so made shall ha&e effe$t sub5e$t to the %ro&isions of any su$h A$t
679 Ten#re o! o!!ice o! (ersons ser)ing te Union or a StateG StateG H1 $e%t as e%ressly %ro&ided by this )onstitution, e&ery %erson who is a member of a defen$e ser&i$e or of a $i&il ser&i$e of the Union or of an all8India ser&i$e or holds any %ost $onne$ted with defen$e or any $i&il %ost under the Union, holds offi$e durin! the %leasure of the President, and e&ery %erson who is a member of a $i&il ser&i$e of a State or holds any $i&il %ost under a State holds offi$e durin! the %leasure of the JJJ ;o&ernor of the State H2 Notwithstandin! that a %erson holdin! a $i&il %ost under the Union or a State holds offi$e durin! the %leasure of the President or, as the $ase may be, of the ;o&ernor JJJ of the State, any $ontra$t under whi$h a %erson, not bein! a member of a defen$e ser&i$e or of an all8India ser&i$e or of a $i&il ser&i$e of the Union or a State, is a%%ointed under this )onstitution to hold su$h a %ost may, if the Pre Preside siden nt or the the ;o&e ;o&ern rnor or JJJ JJJ as the the $as $ase ma may y be, dee deems it ne$essary in order to se$ure the ser&i$es of a %erson ha&in! s%e$ial 'ualifi$ations, %ro&ide for the %ayment to him of $om%ensation, if before the e%iration of an a!reed %eriod, that %ost is abolished or he is, for reasons not $onne$ted with any mis$ondu$t on his %art, re'uired to &a$ate that %ost
6779 6779 Dis&i is&is ssal0 sal0 re&o re&o)a )all or re%# re%#ct ctio ion n in ran; ran; o! (ers (erson ons s e&(lo$e% in ci)il ca(acities #n%er te Union or a StateG StateG H1 No %erson who is a member of a $i&il ser&i$e of the Union or an all8India ser&i$e or a $i&il ser&i$e of a State or holds a $i&il %ost
under the Union or a State shall be dismissed or remo&ed by a authority subordinate to that by whi$h he was a%%ointed H2 No su$h %erson as aforesaid shall be dismissed or remo&ed or redu redu$e $ed d in ran ran e$e e$e%t %t afte afterr an in'u in'uir iry y in whi$ whi$h h he has has been been info inform rmed ed of the the $har $har!e !es s a!ai a!ains nstt him him and and !i&e !i&en n a reas reason onab able le o%%ortunity of bein! heard in res%e$t of those $har!es JJJD Pro&ided that where it is %ro%osed after su$h in'uiry, to im%ose u%on him any su$h %enalty, su$h %enalty may be im%osed on the basis of the e&iden$e addu$ed durin! su$h in'uiry and it shall not be ne$e ne$ess ssar ary y to !i&e !i&e su$h su$h %ers %erson on any any o%%o o%%ort rtun unit ity y of ma mai in! n! re%resentation on the %enalty %ro%osedD Pro&ided further that this $lause shall not a%%lyG Ha where a %erson is dismissed or remo&ed or redu$ed in ran on the !round of $ondu$t $ondu$t whi$h has led to his $on&i$tion $on&i$tion on a $riminal $har!eE or Hb Hb wher where e the the auth author orit ity y em%o em%owe wered red to dism dismis iss s or remo remo&e &e a %erson or to redu$e him in ran is satisfied that for some reason, to be re$orded by that authority in writin!, it is not reasonably %ra$ti$able to hold su$h in'uiryE or H$ where the President or the ;o&ernor, as the $ase may be, is satisfied that in the interest of the se$urity of the State, it is not e%edient to hold su$h in'uiry H3 If, in res%e$t of any su$h %erson as aforesaid, a 'uestion arises whet whethe herr it is reaso reasona nabl bly y %ra$ %ra$ti ti$a $abl ble e to hold hold su$h su$h in'u in'uir iry y as is refe referre rred d to in $lau $lause se H2, H2, the the de$i de$isi sion on ther thereo eon n of the the auth author orit ity y em%owered to dismiss or remo&e su$h %erson or to redu$e him in ran shall be final
67:9 All-In%ia Ser)icesG Ser)icesG H1 Notwithstandin! anythin! in )ha%ter 4I of Part 4I or Part @I, if the )oun$il of States has de$lared by resolution su%%orted by not less than two8thirds of the members %resent and &otin! that it is ne$essary or e%edient in the national interest so to do, Parliament may by law %ro&ide for the $reation of one or more all8India ser&i$es Hin$ludin! an all8India 5udi$ial ser&i$e $ommon to the Union and the States, and, sub5e$t to the other %ro&isions of this )ha%ter, re!ulate the re$ruitment, and the $onditions of ser&i$e of %ersons a%%ointed, to any su$h ser&i$e H2 The ser&i$es nown at the $ommen$ement of this )onstitution as the Indian Administrati&e Ser&i$e and the Indian
67:A 67:A99 Po*e Po*err o! Parli Parlia& a&ent ent to )ar$ )ar$ or re)o re)o;e ;e con% con%it itio ions ns o! ser)ice o! o!!icers o! certain ser)icesG ser)icesG H1 Parliament may by lawG Ha &ary or re&oe, whether %ros%e$ti&ely or retros%e$ti&ely, the $ond $ondit itio ions ns of ser& ser&i$ i$e e as res% res%e$ e$ts ts remu remune nerat ratio ion, n, lea& lea&e e and and %ens %ensio ion n and and the the ri!h ri!hts ts as res% res%e$ e$ts ts dis$ dis$i% i%li lina nary ry ma matte tters rs of
%ersons who, ha&in! been a%%ointed by the Se$retary of State or Se$retary of State in )oun$il to a $i&il ser&i$e of the )rown in India before the $ommen$ement of this )onstitution, $ontinue on and after the $ommen$ement of the )onstitution HTwenty8ei!hth Amendment A$t, 1/-2, to ser&e under the ;o&ernment of India or of a State in any ser&i$e or %ostE Hb &ary or re&oe, whether %ros%e$ti&ely or retros%e$ti&ely, the $onditions of ser&i$e as res%e$ts %ension of %ersons who, ha&in! been a%%ointed by the Se$retary of State or Se$retary of State in )oun$il to a $i&il ser&i$e of the )rown in India before the $ommen$ement of this )onstitution, retired or otherwise $eased to be in ser&i$e at any time before the $ommen$ement of the )onstitution HTwenty8ei!hth Amendment A$t, 1/-2D Pro&ided that in the $ase of any su$h %erson who is holdin! or has held the offi$e of the )hief =usti$e or other =ud!e of the Su%reme )ourt or a
6769 Transitional (ro)isionsG Until other %ro&ision is made in this behalf under this )onstitution, all the laws in for$e immediately before the $ommen$ement of this )onstitution and a%%li$able to any %ubli$ ser&i$e or any %ost whi$h $ontinues to eist after the $ommen$ement of ser&i$e or %ost under
the Union or a State shall $ontinue in for$e so far as $onsistent with the %ro&isions of this )onstitution
6789 Pro)ision !or (rotection o! e'isting o!!icers o! certain ser)ices9 G =Rep. by the Constitution (T#enty-ei+hth Amendment) Act, 1!$, sec. (#.e.f. $--1!$).
)9 P#/lic Ser)ice Co&&issions !or te Union an% !or te StatesG H1 Sub5e$t to the %ro&isions of this arti$le, there shall be a Publi$ Ser&i$e )ommission for the Union and a Publi$ Ser&i$e )ommission for ea$h State H2 Two or more States may a!ree that there shall be one Publi$ Ser&i$e )ommission for that !rou% of States, and if a resolution to that effe$t is %assed by the
67@9 A((oint&ent an% ter& o! o!!ice o! &e&/ersG H1 The )hairman and other members of a Publi$ Ser&i$e )ommission shall be a%%ointed, in the $ase of the Union )ommission or a =oint )ommission, by the President, and in the $ase of a State )ommission, by the ;o&ernor JJJ of the StateD Pro&ided that as nearly as may be one8half of the members of e&ery Publi$ Ser&i$e )ommission shall be %ersons who at the dates of their res%e$ti&e a%%ointments ha&e held offi$e for at least ten years either under the ;o&ernment of India or under the ;o&ernment of a State, and in $om%utin! the said %eriod of ten years any %eriod before the $ommen$ement of this )onstitution durin! whi$h a %erson has held offi$e under the )rown in India or under the ;o&ernment of an Indian State shall be in$luded H1A If the offi$e of the )hairman of the )ommission be$omes &a$ant or if any su$h )hairman is by reason of absen$e or for any other reason unable to %erform the duties of his offi$e, those duties
shall, until some %ersons a%%ointed under $lause H1 to the &a$ant offi$e has entered on the duties thereof or, as the $ase may be, until the )hairman has resumed his duties, be %erformed by su$h one of the other members of the )ommission as the President, in the $ase of the Union )ommission or a =oint )ommission, and the ;o&ernor of the State in the $ase of a State in the $ase of a State )ommission, may a%%oint for the %ur%ose H2 A member member of a Publi$ Publi$ Ser&i$e )ommission )ommission shall hold offi$e offi$e for a term of si years from the date on whi$h he enters u%on his offi$e or until he attains, in the $ase of the Union )ommission, the a!e of sity8fi&e years, and in the $ase of a State )ommission or a =oint )ommission, the a!e of sity8two years, whi$he&er is earlierD Pro&ided thatG Ha a member of a Publi$ Ser&i$e )ommission may, by writin! under his hand addressed, in the $ase of the Union )ommission or a =oint )ommission, to the President, and in the $ase of a State )ommission, to the ;o&ernor JJJ of the State, resi!n his offi$eE Hb a member of a Publi$ Ser&i$e )ommission may be remo&ed from his offi$e in the manner %ro&ided in $lause H1 or $lause H3 of arti$le 31- H3 A %erson who holds offi$e as a member of a Publi$ Ser&i$e )omm )ommis issi sion on shal shall, l, on the the e%i e%ira rati tion on of his his term term of offi offi$e $e,, be ineli!ible for re8a%%ointment to that offi$e
679 Re&o)al an% s#s(ension o! a &e&/er o! a P#/lic Ser)ice Co&&issionG Co&&issionG H1 Sub5e$t to the %ro&isions of $lause H3, the )hairman or any other ther memb membe er of a Pub Publi$ li$ Ser& Ser&i$ i$e e )omm )ommis issi sio on shall hall only only be remo&ed from his offi$e by order of the President on the !round of misbeha&iour after the Su%reme )ourt, on referen$e bein! made to it by the President, has, on in'uiry held in a$$ordan$e with the %ro$edure %res$ribed in that behalf under arti$le 1"(, re%orted that the )hairman or su$h other member, as the $ase may be, ou!ht on any su$h !round to be remo&ed H2 The President, in the $ase of the Union )ommission or a =oint )ommission, and the ;o&ernor JJJ in the $ase of a State )ommission, may sus%end from offi$e the )hairman or any other member of the )ommission in res%e$t of whom a referen$e has been made to the Su%reme )ourt under $lause H1 until the President has %assed orders on re$ei%t of the re%ort of the Su%reme )ourt on su$h referen$e H3 Notwithstandin! anythin! in $lause H1, the President may by order remo&e from offi$e the )hairman or any other member of a Publi$ Ser&i$e Ser&i$e )ommission )ommission if the )hairman or su$h other member, as the $ase may be,G Ha is ad5ud!ed an insol&entE or Hb en!a!es durin! his term of offi$e in any %aid em%loyment outside the duties of his offi$eE or H$ is, in the o%inion of the President, unfit to $ontinue in offi$e by reason of infirmity of mind or body
H" H" If the the )ha )hairma irman n or any any othe otherr membe emberr of a Publ Publi$ i$ Ser& Ser&i$ i$e e )ommission is or be$omes in any way $on$erned or interested in any $ontra$t or a!reement made by or on behalf of the ;o&ernment of India or the ;o&ernment of a State or %arti$i%ates in any way in the %rofit thereof or in any benefit or emolument arisin! therefrom other therwi wis se than than as a memb membe er and and in $omm $ommo on with ith the the other ther members of an in$or%orated $om%any, he shall, for the %ur%oses of $lause H1, be deemed to be !uilty of misbeha&iour
67B9 Po*er to &a;e reg#lations as to con%itions o! ser)ice o! &e&/ers an% sta!! o! te Co&&issionG Co&&issionG In the $ase of the Union )ommission or a =oint )ommission, the President and, in the $ase of a State )ommission, the ;o&ernor JJJ of the State may by re!ulationsG Ha determine the, number of members of the )ommission and their $onditions of ser&i$eE and Hb mae %ro&ision with res%e$t to the number of members of the staff of the )ommission and their $onditions of ser&i$eD Pro&ided that the $onditions of ser&i$e of a member of a Publi$ Ser&i$e )ommission shall not be &aried to his disad&anta!e after his a%%ointment
679 679 Pro Proi/ i/iti ition on as to te te ol% ol%in ing g o! o!!i o!!ice ces s /$ &e&/ &e&/er ers s o! Co&&ission on ceasing to /e s#c &e&/ers & e&/ersG G 6n $easin! to hold offi$eG Ha the )hairman of the Union Publi$ Ser&i$e )ommission shall be ineli!ible for furthe ther em%loyment either under the ;o&ernment of India or under the ;o&ernment of a StateE Hb the )hairman of a State Publi$ Ser&i$e )ommission shall be eli! eli!ib ible le for for a%%o a%%oin intm tmen entt as the the )hai )hairm rman an or any any othe otherr member of the Union Publi$ Ser&i$e )ommission or as the )hairman of any other State Publi$ Ser&i$e )ommission, but not for any other em%loyment either under the ;o&ernment of India or under the ;o&ernment of a StateE H$ a member other than the )hairman of the Union Publi$ Ser&i$e )ommission shall be eli!ible for a%%ointment as the )hairman of the Union Publi$ Ser&i$e )ommission or as the )hairman of a State Publi$ Ser&i$e )ommission, but not for any other em%loyment either under the ;o&ernment of India or under the ;o&ernment of a StateE Hd Hd a memb member er othe otherr than than the the )hai )hairm rman an of a Stat State e Publ Publi$ i$ Ser&i$e )ommission shall be eli!ible for a%%ointment as the )hairman or any other member of the Union Publi$ Ser&i$e )ommission or as the )hairman of that or any other State Publi$ Ser&i$e )ommission, but not for any other em%loyment either under the ;o&ernment of India or under the ;o&ernment of a State
6:9 F#nctions o! P#/lic Ser)ice Co&&issionsG Co&&issionsG
H1 It shall be the duty of the Union and the State Publi$ Ser&i$e )omm )ommis issi sion on to $ond $ondu$ u$tt eam eamin inat atio ions ns for for a%%o a%%oin intm tmen ents ts to the the ser&i$es of the Union and the ser&i$es of the State res%e$ti&ely H2 It shall also be the duty of the Union Publi$ Ser&i$e )ommission, if re'uested by any two or more States so to do, to assist those States in framin! and o%eratin! s$hemes of 5oint re$ruitment for any ser&i$es for whi$h $andidates %ossessin! s%e$ial 'ualifi$ations are re'uired H3 The Union Publi$ Ser&i$e )ommission or the State Publi$ Ser&i$e )ommission, as the $ase may be, shall be $onsultedG Ha on all matters relatin! to methods of re$ruitment to $i&il ser&i$es and for $i&il %ostsE Hb on the %rin$i%les to be followed in main! a%%ointments to $i& $i&il ser&i er&i$ $es and and %os %osts and and in main ain! ! %rom %romo otion tions s and and transfers from one ser&i$e to another and on the suitability of $andidates for su$h a%%ointments, %romotions or transfersE H$ on all dis$i%linary matters affe$tin! a %erson ser&in! under the ;o&ernment of India or the ;o&ernment of a State in a $i&il $a%a$i $a%a$ity, ty, in$lud in$ludin! in! memori memorials als or %etiti %etitions ons relati relatin! n! to su$h su$h mattersE Hd on any $laim by or in res%e$t of a %erson who is ser&in! or has ser&ed under the ;o&ernment of India or the ;o&ernment of a State or under the )rown in India or under the ;o&ernment of an Indian State, in a $i&il $a%a$ity, that any $osts in$urred by him in defendin! le!al %ro$eedin!s instituted a!ainst him in res%e$t of a$ts done or %ur%ortin! to be done in the ee$ution of his duty should be %aid out of the )onsolidate )onsolidated d Fund of India, or, as the $ase may be, out of the )onsolidated Fund of the StateE He He on any any $lai $laim m for for the the awar award d of a %ens %ensio ion n in res% res%e$ e$tt of in5u in5uri ries es sust sustai aine ned d by a %ers %erso on whi while ser& ser&in in! ! unde underr the the ;o&ernment of India or the ;o&ernment of a State or under the )rown in India or under the ;o&ernment of an Indian State, in a $i&il $a%a$ity, and any 'uestion as to the amount of any su$h award, and it shall be the duty of a Publi$ Ser&i$e )ommission to ad&ise on any matter so referred to them and on any other matter whi$h the President, or, as the $ase may be, the ;o&ernor JJJ of the State, may refer to themD Pro&ided that the President as res%e$ts the all8India ser&i$es and also as res%e$ts other ser&i$es and %osts in $onne$tion with the affairs of the Union, and the ;o&ernor JJJ as res%e$ts other ser&i$es and and %ost %osts s in $onn $onne$ e$ti tion on with with the the affa affair irs s of a Stat State, e, ma may y ma mae e re!ulations s%e$ifyin! the matters in whi$h either !enerally, or in any %arti$ular $lass of $ase or in any %arti$ular $ir$umstan$es, it shal shalll not not be ne$e ne$ess ssar ary y for for a Publ Publi$ i$ Ser& Ser&i$ i$e e )omm )ommis issi sion on to be $onsulted H" Nothin! in $lause H3 shall re'uire a Publi$ Ser&i$e )ommission to be $ons $onsul ulte ted d as res% res%e$ e$ts ts the the ma mann nner er in whi$ whi$h h any any %ro& %ro&is isio ion n referred to in $lause H" of arti$le 1+ may be made or as res%e$ts the manner in whi$h effe$t maybe !i&en to the %ro&isions of arti$le 33(
H( H( All All re!u re!ula lati tion ons s ma made de unde underr the the %ro&i %ro&iso so to $lau $lause se H3 H3 by the the President or the ;o&ernor JJJ of a State shall be laid for not less than fourteen days before ea$h
6:79 Po*er to e'ten% !#nctions o! P#/lic Ser)ice Co&&issions Co&&issions G An A$t made by Parliament or, as the $ase may be, the #e!islature of a State may %ro&ide for the eer$ise of additional fun$tions by the t he Unio Union n Publ Publi$ i$ Ser& Ser&i$ i$e e )omm )ommis issi sion on or the the Stat State e Publ Publi$ i$ Ser& Ser&i$ i$e e )ommission as res%e$ts the ser&i$es of the Union or the State and also as res%e$ts the ser&i$es of any lo$al authority or other body $or%orate $onstituted by law or of any %ubli$ institution
6::9 E'(enses o! P#/lic Ser)ice Co&&issionsG Co&&issions G The e%enses of the Union or a State Publi$ Ser&i$e )ommission, in$ludin! any salaries, allowan$es and %ensions %ayable to or in res%e$t of the members or staff of the )ommission, shall be $har!ed on the )onsolidated Fund of India or, as the $ase may be, the )onsolidated Fund of the State
6:69 Re(orts o! P#/lic Ser)ice Co&&issionsG Co&&issionsG H1 It shall be the duty of the Union )ommission to %resent annually to the President a re%ort as to the wor done by the )ommission and and on re$e re$ei% i%tt of su$h su$h re%o re%ort rt the the Presi Preside dent nt shal shalll $aus $ause e a $o%y $o%y thereof to!ether with a memorandum e%lainin!, as res%e$ts the $ases, if any, where the ad&i$e of the t he )ommission was not a$$e%ted, the reason for su$h non8a$$e%tan$e to be laid before ea$h
/ART :0A
TRI.UNALS 6:6A9 A%&inistrati)e tri/#nalsG tri/#nalsG Parliament may, by law, %ro&ide for the ad5udi$ation or trial by administrati&e tribunals of dis%utes and $om%laints with res%e$t to re$ruitment and $onditions of ser&i$e of %ersons a%%ointed to %ubli$ ser&i$es and %osts in $onne$tion with the affairs of the Union or of any State or of any lo$al or other authority within the territory of India or under the $ontrol of the ;o&ernment of India or of any $or%oration owned or $ontrolled by the ;o&ernment H2 A law made under $lause H1 mayG Ha %ro&ide for the establishment establishment of an administrati&e administrati&e tribunal for the Union and a se%arate administrati&e tribunal for ea$h State or for two or more StatesE Hb s%e$if s%e$ify y the 5urisdi 5urisdi$ti $tion, on, %owers %owers Hin$lu Hin$ludin din! ! the %ower %ower to %unish for $ontem%t and authority whi$h may be eer$ised by ea$h of the said tribunalsE H$ H$ %ro& %ro&id ide e for for the the %ro$ %ro$ed edur ure e Hin$ Hin$lu ludi din! n! %ro& %ro&is isio ions ns as to limitation and rules of e&iden$e to be followed by the said tribunalsE Hd e$lude the 5urisdi$tion of all $ourts, e$e%t the 5urisdi$tion of the Su%reme )ourt under arti$le 13+, with res%e$t to the dis%utes or $om%laints referred to in $lause H1E He He %ro& %ro&id ide e for for the the tran transf sfer er to ea$h ea$h su$h su$h admi admini nist stra rati ti&e &e trib tribun unal al of any any $ase $ases s %end %endin in! ! befo before re any any $our $ourtt or othe otherr auth author orit ity y imme immedi diat atel ely y befo before re the the esta establ blis ishm hmen entt of su$h su$h tribunal as would ha&e been within the 5urisdi$tion of su$h trib ribunal if the $ause of a$tion on whi$h su$h suits or %ro$eedin!s are based had arisen after su$h establishmentE Hf re%eal or amend any order made by the President under $lause H3 of arti$le 3-1E H! $ontain su$h su%%lemental, in$idental and $onse'uential %ro&isions Hin$ludin! %ro&isions as to fees as Parliament may deem ne$essary for the effe$ti&e fun$tionin! of, and for the s%eedy dis%osal of $ases by, and the enfor$ement of the orders of, su$h tribunals H3 The %ro&isions of this arti$le shall ha&e effe$t notwithstandin! anythin! anythin! in any other %ro&ision %ro&ision of this )onstitution )onstitution or in any other law for the time bein! in for$e
6:6.9 Tri/#nals !or oter &attersG &attersG H1 H1 The The a%%r a%%ro% o%ri riat ate e #e!i #e!isl slat atur ure e ma may, y, by law, law, %ro& %ro&id ide e for for the the ad5udi$ation or trial by tribunals of any dis%utes, $om%laints, or offen$es with res%e$t to all or any of the matters s%e$ified in $lause H2 with res%e$t to whi$h su$h #e!islature has %ower to mae laws H2 The matters referred to in $lause H1 are the followin!, namelyDG Ha le&y, assessment, $olle$tion and enfor$ement of any taE Hb Hb fore forei! i!n n e$h e$han an!e !e,, im%o im%ort rt and and e%o e%ort rt a$ro a$ross ss $ust $ustom oms s frontiersE H$ industrial and labour dis%utesE
Hd land reforms by way of a$'uisition by the State of any estate as defined in arti$le 31A or of any ri!hts therein or the etin!uishment or modifi$ation of any su$h ri!hts or by way of $eilin! on a!ri$ultural land or in any other wayE He $eilin! on urban %ro%ertyE Hf ele$tions to either a%%ro%riate #e!islature>, in relation to any matter, means Parliament or, as the $ase may be, a State #e!islature $om%etent to mae laws with res%e$t to su$h matter in a$$ordan$e with the %ro&isions of Part @I
/ART :0 ELECTIONS 6:89 S#(erinten%ence0 %irection an% control o! elections to /e )este% in an Election Co&&issionG H1 The su%erintenden$e, dire$tion and $ontrol of the %re%aration of the ele$toral rolls for, and the $ondu$t of, all ele$tions to Parliament and to the #e!islature of e&ery State and of ele$tions to the offi$es of President and 4i$e8President held under this )onstitutionJJJ shall be &ested in a )ommission Hreferred to in this )onstitution as the le$tion )ommission H2 The le$tion )ommission shall $onsist of the )hief le$tion )ommissioner and su$h number of other le$tion )ommissioners, if any, as the President may from time to time fi and the a%%ointment of the )hief le$tion )ommissioner and other le$tion )ommissioners shall, sub5e$t to the %ro&isions of any law made in that behalf by Parliament, be made by the President H3 hen any other le$tion )ommissioner is so a%%ointed the )hief le$tion )ommissioner shall a$t as the )hairman of the le$tion )ommission H" efore ea$h !eneral ele$tion to the
6:>9 No (erson to /e ineligi/le !or incl#sion in0 or to clai& to /e incl#%e% in a s(ecial0 electoral roll on gro#n%s o! religion0 race0 caste or se'G
There shall be one !eneral ele$toral roll for e&ery territorial $onstituen$y for ele$tion to either
6:@9 Elections to te Ho#se o! te Peo(le an% to te Legislati)e Asse&/lies o! States to /e on te /asis o! a%#lt s#!!rageG The ele$tions to the
6:9 Po*er o! Parlia&ent to &a;e (ro)ision *it res(ect to elections to Legislat#resG Sub5e$t to the %ro&isions of this )onstitution, Parliament may from time to time by law mae %ro&ision with res%e$t to all matters relatin! to, or in $onne$tion with, ele$tions to either
6:B9 Po*er o! Legislat#re o! a State to &a;e (ro)ision *it res(ect to elections to s#c Legislat#reG Sub5e$t to the %ro&isions of this )onstitution and in so far as %ro&ision in that behalf is not made by Parliament, the #e!islature of a State may from time to time by law mae %ro&ision with res%e$t to all matters relatin! to, or in $onne$tion with, the ele$tions to the
6:9 .ar to inter!erence /$ co#rts in electoral &attersG Notwithstandin! anythin! in this )onstitution JJJ Ha the &alidity of any law relatin! to the delimitation of $onstituen$ies or the allotment of seats to su$h
$onstituen$ies, made or %ur%ortin! to be made under arti$le 32- or arti$le 32., shall not be $alled in 'uestion in any $ourtE Hb no ele$tion to either
6:A9 S(ecial (ro)ision as to elections to Parlia&ent in te case o! Pri&e Minister an% S(ea;erG =Rep. by the Constitution ('orty-fourth Amendment) Act, 1!, sec. % (#.e.f. $-%-1!).
/ART :0 SPECIAL PRO+ISIONS RELATING TO CERTAIN CLASSES 669 Reser)ation o! seats !or Sce%#le% Castes an% Sce%#le% Tri/es in te Ho#se o! te Peo(leG H1 Seats shall be reser&ed in the %o%ulation> means the %o%ulation as as$ertained at the last %re$edin! $ensus of whi$h the rele&ant fi!ures ha&e been %ublishedD Pro&ided that the referen$e in this %lanation to the last %re$edin! $ensus of whi$h the rele&ant fi!ures ha&e been %ublished shall, until the rele&ant fi!ures for the first $ensus taen after the year 2000 ha&e been %ublished, be $onstrued as a referen$e to the 1/-1 $ensus
6679 Re(resentation o! te Anglo-In%ian co&&#nit$ in te Ho#se o! te Peo(leG
Notwithstandin! anythin! in arti$le .1, the President may, if he is of o%inion that the An!lo8Indian $ommunity is not ade'uately re%resented in the
66:9 Reser)ation o! seats !or Sce%#le% Castes an% Sce%#le% Tri/es in te Legislati)e Asse&/lies o! te StatesG H1 Seats shall be reser&ed for the S$heduled )astes and the S$heduled Tribes, e$e%t the S$heduled Tribes in the autonomous distri$ts of Assam, in the #e!islati&e Assembly of e&ery State JJJ H2 Seats shall be reser&ed also for the autonomous distri$ts in the #e!islati&e Assembly of the State of Assam H3 The number of seats reser&ed for the S$heduled )astes or the S$heduled Tribes in the #e!islati&e Assembly of any State under $lause H1 shall bear, as nearly as may be, the same %ro%ortion to the total number of seats in the Assembly as the %o%ulation of the S$heduled )astes in the State or of the S$heduled Tribes in the State or %art of the State, as the $ase may be, in res%e$t of whi$h seats are so reser&ed bears to the total %o%ulation of the State H3A Notwithstandin! anythin! $ontained in $lause H3, until the tain! effe$t, under arti$le 1-0, of the re8ad5ustment, on the basis of the first $ensus after the year 2000, of the number of seats in the #e!islati&e Assemblies of the States of Aruna$hal Pradesh, 7e!halaya, 7i*oram and Na!aland, the seats whi$h shall be reser&ed for the S$heduled Tribes in the #e!islati&e Assembly of any su$h State shall beG Ha if all the seats in the #e!islati&e Assembly of su$h State in eisten$e on the date of $omin! into for$e of the )onstitution HFifty8se&enth Amendment A$t, 1/.- Hhereafter in this $lause referred to as the eistin! Assembly are held by members of the S$heduled Tribes, all the seats e$e%t oneE Hb in any other $ase, su$h number of seats as bears to the total number of seats, a %ro%ortion not less than the number Has on the said date of members belon!in! to the S$heduled Tribes in the eistin! Assembly bears to the total number of seats in eistin! Assembly H3 Notwithstandin! anythin! $ontained in $lause H3, until the re8 ad5ustment, under arti$le 1-0, taes effe$t on the basis of the first $ensus after the year 2000, of the number of seats in the #e!islati&e Assembly of the State of Tri%ura, the seats whi$h shall be reser&ed for the S$heduled Tribes in the le!islati&e Assembly, shall be, su$h number of seats as bears to the total number of seats, a %ro%ortion not less than the number, as on the date of $omin! into for$e of the )onstitution HSe&enty8se$ond Amendment A$t, 1//2, of members belon!in! to the S$heduled Tribes in the #e!islati&e Assembly in eisten$e on the said date bears to the total number of seats in that Assembly H" The number of seats reser&ed for an autonomous distri$t in the #e!islati&e Assembly of the State of Assam shall bear to the total number of seats in that Assembly a %ro%ortion not less than the %o%ulation of the distri$t bears to the total %o%ulation of the State
H( The $onstituen$ies for the seats reser&ed for any autonomous distri$t of Assam shall not $om%rise any area outside that distri$t JJJ H+ No %erson who is not a member of a S$heduled Tribe of any autonomous distri$t of the State of Assam shall be eli!ible for ele$tion to the #e!islati&e Assembly of the State from any $onstituen$y of that distri$t JJJ
6669 Re(resentation o! te Anglo-In%ian co&&#nit$ in te Legislati)e Asse&/lies o! te StatesG Notwithstandin! anythin! in arti$le 1-0, the ;o&ernor JJJ of a State may, if he is of o%inion that the An!lo8Indian $ommunity needs re%resentation in the #e!islati&e Assembly of the State and is not ade'uately re%resented therein, nominate one member of that $ommunity to the Assembly
6689 Reser)ation o! seats an% s(ecial re(resentation to cease a!ter si't$ $earsG Notwithstandin! anythin! in the fore!oin! %ro&isions of this Part, the %ro&isions of )onstitution relatin! toG Ha the reser&ation of seats for the S$heduled )astes and the S$heduled Tribes in the
66>9 Clai&s o! Sce%#le% Castes an% Sce%#le% Tri/es to ser)ices an% (ostsG The $laims of the members of the S$heduled )astes and the S$heduled Tribes shall be taen into $onsideration, $onsistently with the maintenan$e of effi$ien$y of administration, in the main! of a%%ointments to ser&i$es and %osts in $onne$tion with the affairs of the Union or of a State
66@9 S(ecial (ro)ision !or Anglo-In%ian co&&#nit$ in certain ser)icesG H1 urin! the first two years after the $ommen$ement of this )onstitution, a%%ointments of members of the An!lo8Indian $ommunity to %osts in the railway, $ustoms, %ostal and tele!ra%h
ser&i$es of the Union shall be made on the same basis as immediately before the fifteenth day of Au!ust, 1/"- urin! e&ery su$$eedin! %eriod of two years, the number of %osts reser&ed for the members of the said $ommunity in the said ser&i$es shall, as nearly as %ossible, be less by ten %er $ent than the numbers so reser&ed durin! the immediately %re$edin! %eriod of two yearsD Pro&ided that at the end of ten years from the $ommen$ement of this )onstitution all su$h reser&ations shall $ease H2 Nothin! in $lause H1 shall bar the a%%ointment of members of the An!lo8Indian $ommunity to %osts other than, or in addition to, those reser&ed for the $ommunity under that $lause if su$h members are found 'ualified for a%%ointment on merit as $om%ared with the members of other $ommunities
669 S(ecial (ro)ision *it res(ect to e%#cational grants !or te /ene!it o! Anglo-In%ian co&&#nit$G urin! the first three finan$ial years after the $ommen$ement of this )onstitution, the same !rants, if any, shall be made by the Union and by ea$h State JJJ for the benefit of the An!lo8Indian $ommunity in res%e$t of edu$ation as were made in the finan$ial year endin! on the thirty8first day of 7ar$h, 1/". urin! e&ery su$$eedin! %eriod of three years the !rants may be less by ten %er $ent than those for the immediately %re$edin! %eriod of three yearsD Pro&ided that at the end of ten years from the $ommen$ement of this )onstitution su$h !rants, to the etent to whi$h they are a s%e$ial $on$ession to the An!lo8Indian $ommunity, shall $easeD Pro&ided further that no edu$ational institution shall be entitled to re$ei&e any !rant under this arti$le unless at least forty %er $ent of annual admissions therein are made a&ailable to members of $ommunities other than the An!lo8Indian $ommunity
66B9 S(ecial O!!icer !or Sce%#le% Castes an% Sce%#le% Tri/es0 etc 9 G H1 There shall be a s%e$ial offi$er for the S$heduled )astes and S$heduled Tribes to be nown as the National )ommission for the S$heduled )astes and S$heduled Tribes H2 Sub5e$t to the %ro&isions of any law made in this behalf by Parliament, the )ommission shall $onsist of a )hair%erson, 4i$e8 )hair%erson and fi&e other 7embers and the $onditions of ser&i$e and tenure of offi$e of the )hair%erson, 4i$e8)hair%erson and other members so a%%ointed shall be su$h as the President may by rule determine H3 The )hair%erson, 4i$e8)hair%erson and other 7embers of the )ommission shall be a%%ointed by the President by warrant under his hand and seal H" The )ommission shall ha&e the %ower to re!ulate its own %ro$edure H( It shall be the duty of the )ommissionG
Ha to in&esti!ate and monitor all matters relatin! to the safe!uards %ro&ided for the S$heduled )astes and S$heduled Tribes under this )onstitution or under any other law for the time bein! in for$e or under any order of the ;o&ernment and to e&aluate the worin! of su$h safe!uardsE Hb to in'uire into s%e$ifi$ $om%laints with res%e$t to the de%ri&ation of ri!hts and safe!uards of the S$heduled )astes and S$heduled TribesE H$ to %arti$i%ate and ad&ise on the %lannin! %ro$ess of so$io8 e$onomi$ de&elo%ment of the S$hedule )astes and S$heduled Tribes and to e&aluate the %ro!ress of their de&elo%ment under the Union and any StateE Hd to %resent to the President, annually and at su$h other times as the )ommission may deem fit, re%orts u%on the worin! of those safe!uardsE He to mae in su$h re%orts re$ommendations as to the measures that should be taen by the Union or any State for the effe$ti&e im%lementation of those safe!uards and other measures for the %rote$tion, welfare and so$io8e$onomi$ de&elo%ment of the S$heduled )astes and S$heduled TribesE and Hf to dis$har!e su$h other fun$tions in relation to the %rote$tion, welfare and de&elo%ment and ad&an$ement of the S$heduled )astes and S$heduled Tribes as the President may, sub5e$t to the %ro&isions of any law made by Parliament, by the rule s%e$ify H+ The President shall $ause all su$h re%orts to be laid before ea$h
H/ The Union and e&ery State ;o&ernment shall $onsult the )ommission on all ma5or %oli$y matters affe$tin! S$heduled )astes and S$heduled Tribes H10 In this arti$le, referen$es to the S$heduled )astes and S$heduled Tribes shall be $onstrued as in$ludin! referen$es to su$h other ba$ward $lasses as the President may, on re$ei%t of the re%ort of a )ommission a%%ointed under $lause H1 of arti$le 3"0 by order s%e$ify and also to the An!lo8Indian $ommunity
669 Control o! te Union o)er te a%&inistration o! Sce%#le% Areas an% te *el!are o! Sce%#le% Tri/esG H1 The President may at any time and shall, at the e%iration of ten years from the $ommen$ement of this )onstitution by order a%%oint a )ommission to re%ort on the administration of the S$heduled Areas and the welfare of the S$heduled Tribes in the States JJJ The order may define the $om%osition, %owers and %ro$edure of the )ommission and may $ontain su$h in$idental or an$illary %ro&isions as the President may $onsider ne$essary or desirable H2 The ee$uti&e %ower of the Union shall etend to the !i&in! of dire$tions to a State as to the drawin! u% and ee$ution of s$hemes s%e$ified in the dire$tion to be essential for the welfare of the S$heduled Tribes in the State
689 A((oint&ent o! a Co&&ission to in)estigate te con%itions o! /ac;*ar% classesG H1 The President may by order a%%oint a )ommission $onsistin! of su$h %ersons as he thins fit to in&esti!ate the $onditions of so$ially and edu$ationally ba$ward $lasses within the territory of India and the diffi$ulties under whi$h they labour and to mae re$ommendations as to the ste%s that should be taen by the Union or any State to remo&e su$h diffi$ulties and to im%ro&e their $ondition and as to the !rants that should be made for the %ur%ose by the Union or any State and the $onditions sub5e$t to whi$h su$h !rants should be made, and the order a%%ointin! su$h )ommission shall define the %ro$edure to be followed by the )ommission H2 A )ommission so a%%ointed shall in&esti!ate the matters referred to them and %resent to the President a re%ort settin! out the fa$ts as found by them and main! su$h re$ommendations as they thin %ro%er H3 The President shall $ause a $o%y of the re%ort so %resented to!ether with a memorandum e%lainin! the a$tion taen thereon to be laid before ea$h
6879 Sce%#le% CastesG H1 The President may with res%e$t to any State or Union territory, and where it is a State JJJ after $onsultation with the ;o&ernor JJJ thereof, by %ubli$ notifi$ation, (s%e$ify the $astes, ra$es or tribes or %arts of or !rou%s within $astes, ra$es or tribes whi$h shall for the
%ur%oses of this )onstitution be deemed to be S$heduled )astes in relation to that State or Union territory, as the $ase may be H2 Parliament may by law in$lude in or e$lude from the list of S$heduled )astes s%e$ified in a notifi$ation issued under $lause H1 any $aste, ra$e or tribe or %art of or !rou% within any $aste, ra$e or tribe, but sa&e as aforesaid a notifi$ation issued under the said $lause shall not be &aried by any subse'uent notifi$ation
68:9 Sce%#le% Tri/esG H1 The President may with res%e$t to any State or Union territory, and where it is a State JJJ after $onsultation with the ;o&ernor JJJ thereof, by %ubli$ notifi$ation, /s%e$ify the tribes or tribal $ommunities or %arts of or !rou%s within tribes or tribal $ommunities whi$h shall for the %ur%oses of this )onstitution be deemed to be S$heduled Tribes in relation to that State or Union territory, as the $ase may be H2 Parliament may by law in$lude in or e$lude from the list of S$heduled Tribes s%e$ified in a notifi$ation issued under $lause H1 any tribe or tribal $ommunity or %art of or !rou% within any tribe or tribal $ommunity, but sa&e as aforesaid a notifi$ation issued under the said $lause shall not be &aried by any subse'uent notifi$ation
/ART :0 OFFICIAL LANGUAGE )
6889 Co&&ission an% Co&&ittee o! Parlia&ent on o!!icial lang#ageG
H1 The President shall, at the e%iration of fi&e years from the $ommen$ement of this )onstitution and thereafter at the e%iration of ten years from su$h $ommen$ement, by order $onstitute a )ommission whi$h shall $onsist of a )hairman and su$h other members re%resentin! the different lan!ua!es s%e$ified in the i!hth S$hedule as the President may a%%oint, and the order shall define the %ro$edure to be followed by the )ommission H2 It shall be the duty of the )ommission to mae re$ommendations to the President as toG Ha the %ro!ressi&e use of the
)9 O!!icial lang#age or lang#ages o! a StateG Sub5e$t to the %ro&isions of arti$les 3"+ and 3"-, the #e!islature of a State may by law ado%t any one or more of the lan!ua!es in use in the State or
68@9 O!!icial lang#age !or co&&#nication /et*een one State an% anoter or /et*een a State an% te UnionG The lan!ua!e for the time bein! authorised for use in the Union for offi$ial %ur%oses shall be the offi$ial lan!ua!e for $ommuni$ation between one State and another State and between a State and the UnionD Pro&ided that if two or more States a!ree that the
689 S(ecial (ro)ision relating to lang#age s(o;en /$ a section o! te (o(#lation o! a StateG 6n a demand bein! made in that behalf the President may, if he is satisfied that a substantial %ro%ortion of the %o%ulation of a State desire the use of any lan!ua!e s%oen by them to be re$o!nised throu!hout that State or any %art thereof for su$h %ur%ose as he may s%e$ify
)
;o&ernor JJJ of the State or in any order, rule, re!ulation or bye8law referred to in %ara!ra%h Hiii of that sub8$lause, a translation of the same in the n!lish lan!ua!e %ublished under the authority of the ;o&ernor JJJ of the State in the 6ffi$ial ;a*ette of that State shall be deemed to be the authoritati&e tet thereof in the n!lish lan!ua!e under this arti$le
689 S(ecial (roce%#re !or enact&ent o! certain la*s relating to lang#ageG urin! the %eriod of fifteen years from the $ommen$ement of this )onstitution, no ill or amendment main! %ro&ision for the lan!ua!e to be used for any of the %ur%oses mentioned in $lause H1 of arti$le 3". shall be introdu$ed or mo&ed in either
)9 Lang#age to /e #se% in re(resentations !or re%ress o! grie)ancesG &ery %erson shall be entitled to submit a re%resentation for the redress of any !rie&an$e to any offi$er or authority of the Union or a State in any of the lan!ua!es used in the Union or in the State, as the $ase may be
6>A9 Facilities !or instr#ction in &oter-tong#e at (ri&ar$ stageG It shall be the endea&our of e&ery State and of e&ery lo$al authority within the State to %ro&ide ade'uate fa$ilities for instru$tion in the mother8ton!ue at the %rimary sta!e of edu$ation to $hildren belon!in! to lin!uisti$ minority !rou%sE and the President may issue su$h dire$tions to any State as he $onsiders ne$essary or %ro%er for se$urin! the %ro&ision of su$h fa$ilities
6>.9 S(ecial O!!icer !or ling#istic &inoritiesG H1 There shall be a S%e$ial 6ffi$er for lin!uisti$ minorities to be a%%ointed by the President H2 It shall be the duty of the S%e$ial 6ffi$er to in&esti!ate all matters relatin! to the safe!uards %ro&ided for lin!uisti$ minorities under this )onstitution and re%ort to the President u%on those matters at su$h inter&als as the President may dire$t, and the President shall $ause all su$h re%orts to be laid before ea$h
6>79 Directi)e !or %e)elo(&ent o! te Hin%i lang#ageG It shall be the duty of the Union to %romote the s%read of the
/ART :0 EMERGENCY PRO+ISIONS 6>:9 Procla&ation o! E&ergenc$G H1 If the President is satisfied that a !ra&e emer!en$y eists whereby the se$urity of India or of any %art of the territory thereof is threatened, whether by war or eternal a!!ression or armed rebellion, he may, by Pro$lamation, mae a de$laration to that effe$t in res%e$t of the whole of India or of su$h %art of the territory thereof as may be s%e$ified in the Pro$lamation 6xplanation GA Pro$lamation of mer!en$y de$larin! that the se$urity of India or any %art of the territory thereof is threatened by war or by eternal a!!ression or by armed rebellion may be made before the a$tual o$$urren$e of war or of any su$h a!!ression or rebellion, if the President is satisfied that there is imminent dan!er thereof H2 A Pro$lamation issued under $lause H1 may be &aried or re&oed by a subse'uent Pro$lamation H3 The President shall not issue a Pro$lamation under $lause H1 or a Pro$lamation &aryin! su$h Pro$lamation unless the de$ision of the Union )abinet Hthat is to say, the )oun$il $onsistin! of the Prime 7inister and other 7inisters of )abinet ran under arti$le -( that su$h a Pro$lamation may be issued has been $ommuni$ated to him in writin! H" &ery Pro$lamation issued under this arti$le shall be laid before ea$h
%eriod of thirty days a resolution a%%ro&in! the Pro$lamation has been also %assed by the
6>69 E!!ect o! Procla&ation o! E&ergenc$G E&ergenc$G hile a Pro$lamation of mer!en$y is in o%eration, thenG Ha Ha notw notwit iths hsta tand ndiin! anyt anythi hin n! in this this )ons )onsti titu tuti tion on,, the the ee$ ee$ut uti& i&e e %owe %owerr of the the Unio Union n shal shalll ete etend nd to the the !i&i !i&in! n! of dire$ re$tions to any State as to the manner in whi$h the ee$uti&e %ower thereof is to be eer$isedE Hb the %ower of Parliament to mae laws with res%e$t to any matter shall in$lude %ower to mae laws $onferrin! %owers and im%osin! duties, or authorisin! the $onferrin! of %owers and the im%osition of duties, u%on the Union or offi$ers and authorities of the Union as res%e$ts that matter, notwithstandin! that it is one whi$h is not enumerated in the Union #istD Pro&ided that where a Pro$lamation of mer!en$y is in o%eration only in any %art of the territory of India,G Hi the ee$uti&e %ower of the Union to !i&e dire$tions under $lause Ha, and Hii the %ower of Parliament to mae laws under $lause Hb, shall also etend to any State other than a State in whi$h or in any %art of whi$h the Pro$lamation of mer!en$y is in o%eration if and in so far as the se$urity of India or any %art of the territory thereof is threatened by a$ti&ities in or in relation to the %art of the territory of India in whi$h the Pro$lamation of mer!en$y is in o%eration
6>89 6>89 A((l A((lic icat atio ion n o! (ro) (ro)is isio ions ns rela relati ting ng to %ist %istri ri/# /#ti tion on o! re)en#es *ile a Procla&ation o! E&ergenc$ is in o(erationG o(erationG Hl Hl The The Pres Presid iden entt ma may, y, whil while e a Pro$ Pro$la lama mati tion on of mer! mer!en en$y $y is in o%eration, by order dire$t that all or any of the %ro&isions of arti$les 2+. to 2-/ shall for su$h %eriod, not etendin! in any $ase beyond the e%ira e%iratio tion n of the finan$ finan$ial ial year year in whi$h whi$h su$h su$h Pro$la Pro$lamat mation ion $eas $eases es to o%er o%erat ate, e, as ma may y be s%e$ s%e$if ifie ied d in the the orde order, r, ha&e ha&e effe effe$t $t sub5e$t to su$h e$e%tions or modifi$ations as he thins fit H2 &ery order made under $lause Hl shall, as soon as may be after it is made, be laid before ea$h
6>>9 6>>9 D#t$ D#t$ o! te te Unio Union n to (rot (rotec ectt Stat States es agai agains nstt e'te e'tern rnal al aggression an% internal %ist#r/anceG %ist#r/anceG
It shall be the duty of the Union to %rote$t e&ery State a!ainst eternal a!!ression and internal disturban$e and to ensure that the ;o&e ;o&ern rnme ment nt of e&er e&ery y Stat State e is $arri $arried ed on in a$$o a$$orda rdan$ n$e e with with the the %ro&isions of this )onstitution
6>@9 Pro)isions in case o! !ail#re o! constit#tional &aciner$ in StateG StateG H1 If the President, on re$ei%t of re%ort from the ;o&ernor JJJ of the State or otherwise, is satisfied that a situation has arisen in whi$h the !o&ernment of the State $annot be $arried on in a$$ordan$e with with the the %ro& %ro&is isio ions ns of this this )ons )onsti titu tuti tion on,, the the Pres Presid iden entt ma may y by Pro$lamationG Ha Ha assum ssume e to hims imself elf all all or any any of the the fun$ fun$ti tion ons s of the the ;o&ernment of the State and all or any of the %owers &ested in or eer$isable by the ;o&ernor JJJ or any body or authority in the State other than the #e!islature of the StateE Hb de$lare that the %owers of the #e!islature of the State shall be eer$isable by or under the authority of ParliamentE H$ H$ ma mae e su$h su$h in$i in$ide dent ntal al and and $ons $onse' e'ue uent ntia iall %ro&i %ro&isi sion ons s as a%%ear to the President to be ne$essary or desirable for !i&in! effe$t to the ob5e$ts of the Pro$lamation, in$ludin! %ro&isions for for sus% sus%en endi din! n! in whol whole e or in %art %art the the o%e o%erati ratio on of any any %ro %ro&is &ision ions of thi this )on )onstit stitut utio ion n rela relati tin n! to any body body or authority in the StateD Pro&ided that nothin! in this $lause shall authorise the President to assume to himself any of the %owers &ested in or eer$isable by a
Pro& Pro&iided ded that that if and so ofte often n as a reso resolluti ution a%%ro %%ro& &in! in! the the $ont $ontin inuan uan$e $e in for$ for$e e of su$h su$h a Pro$l Pro$lam amat atio ion n is %ass %assed ed by both both three years> shall be $onstrued as a referen$e referen$e to fi&e years H( Notwithstandin! anythin! $ontained in $lause H", a resolution with res%e$t to the $ontinuan$e in for$e of a Pro$lamation a%%ro&ed under $lause H3 for any %eriod beyond the e%iration of one year from the date of issue of su$h %ro$lamation shall not be %assed by either
6>9 E'ercise o! legislati)e (o*ers #n%er Procla&ation iss#e% #n%er article 6>@G 6>@G H1 here by a Pro$lamation issued under $lause H1 of arti$le 3(+, it has been de$lared that the %owers of the #e!islature of the State shall be eer$isable by or under the authority of Parliament, it shall be $om%etentG Ha for Parliament to $onfer on the President the %ower of the #e!islature of the State to mae laws, and to authorise the President to dele!ate, sub5e$t to su$h $onditions as he may thin thin fit fit to im%o im%ose se,, the the %owe %owerr so $onf $onfer erre red d to any any othe otherr authority to be s%e$ified by him in that behalfE
Hb for Parliament, or for the President or other authority in whom su$h %ower to mae laws is &ested under sub8$lause Ha, to mae laws $onferrin! %owers and im%osin! duties, or author authorisi isin! n! the $onfer $onferrin rin! ! of %owers %owers and the im%osi im%ositio tion n of duties, u%on the Union or offi$ers and authorities thereofE H$ for the President to authorise when the
6>B9 S#s(ension o! (ro)isions o! article 7 %#ring e&ergencies e&ergencies G H1 hile a Pro$lamation of mer!en$y de$larin! that the se$urity of India or any %art of the territory thereof is threatened by war or by ete etern rnal al a!!re a!!ress ssio ion n is in o%er o%erat atio ion, n, noth nothin in! ! in arti arti$l $le e 1/ shal shalll restri$t the %ower of the State as defined in Part III to mae any law or to tae any ee$uti&e a$tion whi$h the State would but for the %ro&isions $ontained in that Part be $om%etent to mae or to tae, but any law so made shall, to the etent of the in$om%eten$y, $ease to ha&e effe$t as soon as the Pro$lamation $eases to o%erate, e$e%t as res%e$ts thin!s done or omitted to be done before the law so $eases to ha&e effe$tD Pro& Pro&iided ded that that where here su$h u$h Pro$ Pro$llam amat atio ion n of me mer!en r!en$ $y is in o%eration only in any %art of the territory of India, any su$h law may be made, or any su$h ee$uti&e a$tion may be taen, under this arti$le in relation to or in any State or Union territory in whi$h or in any %art of whi$h the Pro$lamation of mer!en$y is not in o%eration, if and in so far as the se$urity of India or any %art of the territory thereof is threatened by a$ti&ities in or in relation to the %art of the terri rritory of India in whi$h the the Pro$lamation of mer!en$y is in o%eration H2 Nothin! in $lause H1 shall a%%lyG Ha to any law whi$h does not $ontain a re$ital to the effe$t that su$h law is in relation to the Pro$lamation of mer!en$y in o%eration when it is madeE or Hb to any ee$uti&e a$tion taen otherwise than under a law $ontainin! su$h a re$ital
6>9 S#s(ension o! te en!orce&ent o! te rigts con!erre% /$ Part III %#ring e&ergenciesG e&ergenciesG H1 H1 here here a Pro$l ro$lam amat atio ion n of mer mer!e !en$ n$y y is in o%e o%erati ration on,, the the President may by order de$lare that the ri!ht to mo&e any $ourt for
the enfor$ement of su$h of the ri!hts $onferred by Part III He$e%t arti arti$l $les es 20 and and 21 21 as ma may y be ment mentio ione ned d in the the orde orderr and and all all %ro$eedin!s %endin! in any $ourt for the enfor$ement of the ri!hts so mentioned shall remain sus%ended for the %eriod durin! whi$h the Pro$lamation is in for$e or for su$h shorter %eriod as may be s%e$ified in the order H1A hile an order made under $lause H1 mentionin! any of the ri!h ri!hts ts $onfe onferr rre ed by Part Part III III He He$e%t $e%t arti$ rti$lles 20 and 21 21 is in o%eration, nothin! in that Part $onferrin! those ri!hts shall restri$t the %ower of the State as defined in the said Part to mae any law or to tae any ee$uti&e a$tion whi$h the State would but for the %ro&isions $ontainin! in
6>A9 A((lication o! tis Part to te State o! P#na/9< Rep. by the Constitution (4ixty-third Amendment) Act, 1, sec. (#.e.f. %-1-1).
6@9 Pro)isions as to !inancial e&ergenc$G e&ergenc$G H1 If the President is satisfied that a situation has arisen whereby the finan$ial stability or $redit of India or of any %art of the territory thereof is threatened, he may by a Pro$lamation mae a de$laration to that effe$t H2 A Pro$lamation issued under $lause H1G Ha may be re&oed or &aried by a subse'uent Pro$lamationE Hb shall be laid before ea$h
Hi a %ro&ision re'uirin! the redu$tion of salaries and allowan$es of all or any $lass of %ersons ser&in! in $onne$tion with the affairs of a StateE Hii a %ro&ision re'uirin! all 7oney ills or other ills to whi$h the %ro&isions of arti$le 20- a%%ly to be reser&ed for the $onsideration of the President after they are %assed by the #e!islature of the StateE Hb it shall be $om%etent for the President durin! the %eriod any Pro$lamation issued under this arti$le is in o%eration to issue dire$tions for the redu$tion of salaries and allowan$es of all or any $lass of %ersons ser&in! in $onne$tion with the affairs of the Union in$ludin! the =ud!es of the Su%reme )ourt and the
/ART :: MISCELLANEOUS 6@79 Protection o! Presi%ent an% Go)ernors an% Ra(ra&#;s G H1 The President, or the ;o&ernor or Ra5%ramuh of a State, shall not be answerable to any $ourt for the eer$ise and %erforman$e of the %owers and duties of his offi$e or for any a$t done or %ur%ortin! to be done by him in the eer$ise and %erforman$e of those %owers and duties D Pro&ided that the $ondu$t of the President may be brou!ht under re&iew by any $ourt, tribunal or body a%%ointed or desi!nated by either
6@7A9 Protection o! (#/lication o! (rocee%ings o! Parlia&ent an% State Legislat#reG H1 No %erson shall be liable to any %ro$eedin!s, $i&il or $riminal, in any $ourt in res%e$t of the %ubli$ation in a news%a%er of a substantially true re%ort of any %ro$eedin!s of either news%a%er> in$ludes a news a!en$y re%ort $ontainin! material for %ubli$ation in a news%a%er
6@:9 Rigts an% (ri)ileges o! R#lers o! In%ian States9< =Rep. by the Constitution (T#enty-sixth Amendment) Act, 1!1, sec. $.
6@69 .ar to inter!erence /$ co#rts in %is(#tes arising o#t o! certain treaties0 agree&ents0 etc 9 G H1 Notwithstandin! anythin! in this )onstitution but sub5e$t to the %ro&isions of arti$le 1"3, neither the Su%reme )ourt nor any other $ourt shall ha&e 5urisdi$tion in any dis%ute arisin! out of any %ro&ision of a treaty, a!reement, $o&enant, en!a!ement, sanad or other similar instrument whi$h was entered into or ee$uted before the $ommen$ement of this )onstitution by any Ruler of an Indian State and to whi$h the ;o&ernment was a %arty and whi$h has or has been $ontinued in o%eration after su$h $ommen$ement, or in any dis%ute in res%e$t of any ri!ht a$$ruin! under or any liability or obli!ation arisin! out of any of the %ro&isions of this )onstitution relatin! to any su$h treaty, a!reement, $o&enant, en!a!ement, sanad or other similar instrument H2 In this arti$leG Ha >Indian State> means any territory re$o!nised before the $ommen$ement of this )onstitution by Ruler> in$ludes the Prin$e, )hief or other %erson re$o!nised before su$h $ommen$ement by
6@6A9 Recognition grante% to R#lers o! In%ian States to cease an% (ri)$ (#rses to /e a/olise%G Notwithstandin! anythin! in this )onstitution or in any law for the time bein! in for$eG Ha the Prin$e, )hief or other %erson who, at any time before the $ommen$ement of the )onstitution HTwenty8sith Amendment A$t, 1/-1, was re$o!nised by the President as the Ruler of an Indian State or any %erson who, at any time before su$h $ommen$ement, was re$o!nised by the President as the su$$essor of su$h Ruler shall, on and from su$h $ommen$ement, $ease to be re$o!nised as su$h Ruler or the su$$essor of su$h RulerE Hb on and from the $ommen$ement of the )onstitution HTwenty8sith Amendment A$t, 1/-1, %ri&y %urse is abolished and all ri!hts, liabilities and obli!ations in res%e$t of %ri&y %urse are etin!uished and a$$ordin!ly the Ruler or, as the $ase may be, the su$$essor of su$h Ruler, referred to in $lause Ha or any other %erson shall not be %aid any sum as %ri&y %urse
6@89 S(ecial (ro)isions as to &aor (orts an% aero%ro&es GH1 Notwithstandin! anythin! in this )onstitution, the President may by %ubli$ notifi$ation dire$t that as from su$h date as may be s%e$ified in the notifi$ationG Ha any law made by Parliament or by the #e!islature of a State shall not a%%ly to any ma5or %ort or aerodrome or shall a%%ly thereto sub5e$t to su$h e$e%tions or modifi$ations as may be s%e$ified in the notifi$ation, or Hb any eistin! law shall $ease to ha&e effe$t in any ma5or %ort or aerodrome e$e%t as res%e$ts thin!s done or omitted to be done before the said date, or shall in its a%%li$ation to su$h %ort or aerodrome ha&e effe$t sub5e$t to su$h e$e%tions or modifi$ations as may be s%e$ified in the notifi$ation H2 In this arti$leG Ha >ma5or %ort> means a %ort de$lared to be a ma5or %ort by or under any law made by Parliament or any eistin! law and in$ludes all areas for the time bein! in$luded within the limits of su$h %ortE Hb >aerodrome> means aerodrome as defined for the %ur%oses of the ena$tment:s relatin! to airways, air$raft and air na&i!ation
6@>9 E!!ect o! !ail#re to co&(l$ *it0 or to gi)e e!!ect to0 %irections gi)en /$ te UnionG here any State has failed to $om%ly with or to !i&e effe$t to any dire$tions !i&en in the eer$ise of the ee$uti&e %ower of the Union under any dire$tions !i&en in the eer$ise of the ee$uti&e %ower of the Union under any of the %ro&isions of this )onstitution, it shall be lawful for the President to hold that a situation has arisen in
whi$h the ;o&ernment of the State $annot be $arried on in a$$ordan$e with the %ro&isions of this )onstitution
6@@9 De!initionsG In this )onstitution, unless the $ontet otherwise re'uires, the followin! e%ressions ha&e, the meanin!s hereby res%e$ti&ely assi!ned to them, that is to sayG H1 >a!ri$ultural in$ome> means a!ri$ultural in$ome as defined for the %ur%oses of the ena$tments relatin! to Indian in$ome8 taE H2 >an An!lo8Indian> means a %erson whose father or any of whose other male %ro!enitors in the male line is or was of uro%ean des$ent but who is domi$iled within the territory of India and is or was born within su$h territory of %arents habitually resident therein and not established there for tem%orary %ur%oses onlyE H3 >arti$le> means an arti$le of this )onstitutionE H" >borrow> in$ludes the raisin! of money by the !rant of annuities, and >loan> shall be $onstrued a$$ordin!lyE JJJ H( >$lause> means a $lause of the arti$le in whi$h the e%ression o$$ursE H+ >$or%oration ta> means any ta on in$ome, so far as that ta is %ayable by $om%anies and is a ta in the $ase of whi$h the followin! $onditions are fulfilledDG Ha that it is not $har!eable in res%e$t of a!ri$ultural in$omeE Hb that no dedu$tion in res%e$t of the ta %aid by $om%anies is, by any ena$tments whi$h may a%%ly to the ta, authorised to be made from di&idends %ayable by the $om%anies to indi&idualsE H$ that no %ro&ision eists for tain! the ta so %aid into a$$ount in $om%utin! for the %ur%oses of Indian in$ome8ta the total in$ome of indi&iduals re$ei&in! su$h di&idends, or in $om%utin! the Indian in$ome8ta %ayable by, or refundable to, su$h indi&idualsE H- >$orres%ondin! Pro&in$e>, >$orres%ondin! Indian State> or >$orres%ondin! State> means in $ases of doubt su$h Pro&in$e, Indian State or State as may be determined by the President to be the $orres%ondin! Pro&in$e, the $orres%ondin! Indian State or the $orres%ondin! State, as the $ase may be, for the %arti$ular %ur%ose in 'uestionE H. >debt> in$ludes any liability in res%e$t of any obli!ation to re%ay $a%ital sums by way of annuity and any liability under any !uarantee, and >debt $har!es> shall be $onstrued a$$ordin!lyE H/ >estate duty> means a duty to be assessed on or by referen$e to the %rin$i%al &alue, as$ertained in a$$ordan$e with su$h rules as may be %res$ribed by or under laws made by Parliament or the #e!islature of a State relatin! to the duty,
of all %ro%erty %assin! u%on death or deemed, under the %ro&isions of the said laws, so to %assE H10 >eistin! law> means any law, 6rdinan$e, order, bye8law, rule or re!ulation %assed or made before the $ommen$ement of this )onstitution by any #e!islature, authority or %erson ha&in! %ower to mae su$h a law, 6rdinan$e, order, bye8law, rule or re!ulationE H11 >Federal )ourt> means the Federal )ourt $onstituted under the ;o&ernment of India A$t, 1/3(E H12 >!oods> in$ludes all materials, $ommodities, and arti$lesE H13 >!uarantee> in$ludes any obli!ation undertaen before the $ommen$ement of this )onstitution to mae %ayments in the e&ent of the %rofits of an undertain! fallin! short of a s%e$ified amountE H1" > means any $ourt whi$h is deemed for the %ur%oses of this )onstitution to be a Indian State> means any territory whi$h the ;o&ernment of the ominion of India re$o!nised as su$h a StateE H1+ >Part> means a %art of this )onstitutionE H1- >%ension> means a %ension, whether $ontributory or not, of any ind whatsoe&er %ayable to or in res%e$t of any %erson, and in$ludes retired %ay so %ayable, a !ratuity so %ayable and any sum or sums so %ayable by way of the return, with or without interest thereon or any other addition thereto, of subs$ri%tions to a %ro&ident fundE H1. >Pro$lamation of mer!en$y> means a Pro$lamation issued under $lause H1 of arti$le 3(2E H1/ >%ubli$ notifi$ation> means a notifi$ation in the ;a*ette of India, or, as the $ase may be, the 6ffi$ial ;a*ette of a StateE H20 >railway> does not in$ludeG Ha a tramway wholly within a muni$i%al area, or Hb any other line of $ommuni$ation wholly situate in one State and de$lared by Parliament by law not to be a railwayE JJJ H22 >Ruler> means the Prin$e, )hief or other %erson who, at any time before the $ommen$ement of the )onstitution HTwenty8sith Amendment A$t, 1/-1, was re$o!nised by the President as the Ruler of an Indian State or any %erson who, at any time before su$h $ommen$ement, was re$o!nised by the President as the su$$essor of su$h RulerE H23 >S$hedule> means a S$hedule to this )onstitutionE H2" >S$heduled )astes> means su$h $astes, ra$es or tribes or %arts of or !rou%s within su$h $astes, ra$es or tribes as are deemed under arti$le 3"1 to be S$heduled )astes for the %ur%oses of this )onstitutionE
H2( >S$heduled Tribes> means su$h tribes or tribal $ommunities or %arts of or !rou%s within su$h tribes or tribal $ommunities as are deemed under arti$le 3"2 to be S$heduled Tribes for the %ur%oses of this )onstitutionE H2+ >se$urities> in$ludes sto$E JJJ H2- >sub8$lause> means a sub8$lause of the $lause in whi$h the e%ression o$$ursE H2. >taation> in$ludes the im%osition of any ta or im%ost, whether !eneral or lo$al or s%e$ial, and >ta> shall be $onstrued a$$ordin!lyE H2/ >ta on in$ome> in$ludes a ta in the nature of an e$ess %rofits taE H2/A >ta on the sale or %ur$hase of !oods> in$ludesG Ha a ta on the transfer, otherwise than in %ursuan$e of a $ontra$t, of %ro%erty in any !oods for $ash, deferred %ayment or other &aluable $onsiderationE Hb a ta on the transfer of %ro%erty in !oods Hwhether as !oods or in some other form in&ol&ed in the ee$ution of a wors $ontra$tE H$ a ta on the deli&ery of !oods on hire8%ur$hase or any system of %ayment by instalmentsE Hd a ta on the transfer of the ri!ht to use any !oods for any %ur%ose Hwhether or not for a s%e$ified %eriod for $ash, deferred %ayment or other &aluable $onsiderationE He a ta on the su%%ly of !oods by any unin$or%orated asso$iation or body of %ersons to a member thereof for $ash, deferred %ayment or other &aluable $onsiderationE Hf a ta on the su%%ly, by way of or as %art of any ser&i$e or in any other manner whatsoe&er, of !oods, bein! food or any other arti$le for human $onsum%tion or any drin Hwhether or not intoi$atin!, where su$h su%%ly or ser&i$e, is for $ash, deferred %ayment or other &aluable $onsideration, and su$h transfer, deli&ery or su%%ly of any !oods shall be deemed to be a sale of those !oods by the %erson main! the transfer, deli&ery or su%%ly and a %ur$hase of those !oods by the %erson to whom su$h transfer, deli&ery or su%%ly is madeE H30 >Union territory> means any Union territory s%e$ified in the First S$hedule and in$ludes any other territory $om%rised within the territory of India but not s%e$ified in that S$hedule
6@9 Inter(retationG H1 Unless the $ontet otherwise re'uires, the ;eneral )lauses A$t, 1./-, shall, sub5e$t to any ada%tations and modifi$ations that may be made therein under arti$le 3-2, a%%ly for the inter%retation of this )onstitution as it a%%lies for the inter%retation of an A$t of the #e!islature of the ominion of India H2 Any referen$e in this )onstitution to A$ts or laws of, or made by, Parliament, or to A$ts or laws of, or made by, the #e!islature of a State JJJ, shall be $onstrued as in$ludin! a referen$e to an
6rdinan$e made by the President or, to an 6rdinan$e made by a ;o&ernor JJJ, as the $ase may be H3 For the %ur%oses of this )onstitution >forei!n State> means any State other than IndiaD Pro&ided that, sub5e$t to the %ro&isions of any law made by Parliament, the President may by order1 de$lare any State not to be a forei!n State for su$h %ur%oses as may be s%e$ified in the order
/ART :: AMENDMENT OF THE CONSTITUTION 6@B9 Po*er o! Parlia&ent to a&en% te Constit#tion an% (roce%#re tere!orG H1 Notwithstandin! anythin! in this )onstitution, Parliament may in eer$ise of its $onstituent %ower amend by way of addition, &ariation or re%eal any %ro&ision of this )onstitution in a$$ordan$e with the %ro$edure laid down in this arti$le H2 An amendment of this )onstitution may be initiated only by the introdu$tion of a ill for the %ur%ose in either
/ART :: TEMPORARY0 TRANSITIONAL AND SPECIAL PRO+ISIONS
6@9 Te&(orar$ (o*er to Parlia&ent to &a;e la*s *it res(ect to certain &atters in te State List as i! te$ *ere &atters in te Conc#rrent ListG Notwithstandin! anythin! in this )onstitution, Parliament shall, durin! a %eriod of fi&e years from the $ommen$ement of this )onstitution, ha&e %ower to mae laws with res%e$t to the followin! matters as if they were enumerated in the )on$urrent #ist, namelyD G Ha trade and $ommer$e within a State in, and the %rodu$tion, su%%ly and distribution of, $otton and woollen tetiles, raw $otton Hin$ludin! !inned $otton and un!inned $otton or a%as, $otton seed, %a%er Hin$ludin! news%rint, foodstuffs Hin$ludin! edible oilseeds and oil, $attle fodder Hin$ludin! oil8 $aes and other $on$entrates, $oal Hin$ludin! $oe and deri&ati&es of $oal, iron, steel and mi$aE Hb offen$es a!ainst laws with res%e$t to any of the matters mentioned in $lause Ha, 5urisdi$tion and %owers of all $ourts e$e%t the Su%reme )ourt with res%e$t to any of those matters, and fees in res%e$t of any of those matters but not in$ludin! fees taen in any $ourtE but any law made by Parliament, whi$h Parliament would not but for the %ro&isions of this arti$le ha&e been $om%etent to mae, shall, to the etent of the in$om%eten$y, $ease to ha&e effe$t on the e%iration of the said %eriod, e$e%t as res%e$ts thin!s done or omitted to be done before the e%iration thereof
69 Te&(orar$ (ro)isions *it res(ect to te State o! 2a&&# an% as&irG H1 Notwithstandin! anythin! in this )onstitution,G Ha the %ro&isions of arti$le 23. shall not a%%ly in relation to the State of =ammu and ?ashmirE Hb the %ower of Parliament to mae laws for the said State shall be limited toG Hi those matters in the Union #ist and the )on$urrent #ist whi$h, in $onsultation with the ;o&ernment of the State, are de$lared by the President to $orres%ond to matters s%e$ified in the Instrument of A$$ession !o&ernin! the a$$ession of the State to the ominion of India as the matters with res%e$t to whi$h the ominion #e!islature may mae laws for that StateE and Hii su$h other matters in the said #ists as, with the $on$urren$e of the ;o&ernment of the State, the President may by order s%e$ify 6xplanation GFor the %ur%oses of this arti$le, the ;o&ernment of the State means the %erson for the time bein! re$o!nised by the President as the 7ahara5a of =ammu and ?ashmir a$tin! on the ad&i$e of the )oun$il of 7inisters for the time bein! in offi$e under the 7ahara5a:s Pro$lamation dated the fifth day of 7ar$h, 1/".E
H$ the %ro&isions of arti$le 1 and of this arti$le shall a%%ly in relation to that StateE Hd su$h of the other %ro&isions of this )onstitution shall a%%ly in relation to that State sub5e$t to su$h e$e%tions and modifi$ations as the President may by order1 s%e$ifyD Pro&ided that no su$h order whi$h relates to the matters s%e$ified in the Instrument of A$$ession of the State referred to in %ara!ra%h Hi of sub8$lause Hb shall be issued e$e%t in $onsultation with the ;o&ernment of the StateD Pro&ided further that no su$h order whi$h relates to matters other than those referred to in the last %re$edin! %ro&iso shall be issued e$e%t with the $on$urren$e of that ;o&ernment H2 If the $on$urren$e of the ;o&ernment of the State referred to in %ara!ra%h Hii of sub8$lause Hb of $lause H1 or in the se$ond %ro&iso to sub8$lause Hd of that $lause be !i&en before the )onstituent Assembly for the %ur%ose of framin! the )onstitution of the State is $on&ened, it shall be %la$ed before su$h Assembly for su$h de$ision as it may tae thereon H3 Notwithstandin! anythin! in the fore!oin! %ro&isions of this arti$le, the President may, by %ubli$ notifi$ation, de$lare that this arti$le shall $ease to be o%erati&e or shall be o%erati&e only with su$h e$e%tions and modifi$ations and from su$h date as he may s%e$ifyD Pro&ided that the re$ommendation of the )onstituent Assembly of the State referred to in $lause H2 shall be ne$essary before the President issues su$h a notifi$ation
679 S(ecial (ro)ision *it res(ect to te States o! Maarastra an% G#aratGJJJ H2 Notwithstandin! anythin! in this )onstitution, the President may by order made with res%e$t to the State of 7aharashtra or ;u5arat, %ro&ide for any s%e$ial res%onsibility of the ;o&ernor forG Ha the establishment of se%arate de&elo%ment boards for 4idarbha, 7arathwada, and the rest of 7aharashtra or, as the $ase may be, Saurashtra, ?ut$h and the ;u5arat with the %ro&ision that a re%ort on the worin! of ea$h of rest of these boards will be %la$ed ea$h year before the State #e!islati&e AssemblyE Hb the e'uitable allo$ation of funds for de&elo%mental e%enditure o&er the said areas, sub5e$t to the re'uirements of the State as a wholeE and H$ an e'uitable arran!ement %ro&idin! ade'uate fa$ilities for te$hni$al edu$ation and &o$ational trainin!, and ade'uate o%%ortunities for em%loyment in ser&i$e under the $ontrol of the State ;o&ernment, in res%e$t of all the said areas, sub5e$t to the re'uirements of the State as a whole
67A9 S(ecial (ro)ision *it res(ect to te State o! Nagalan%G H1 Notwithstandin! anythin! in this )onstitution,G Ha no A$t of Parliament in res%e$t ofG
Hi reli!ious or so$ial %ra$ti$es of the Na!as, Hii Na!a $ustomary law and %ro$edure, Hiii administration of $i&il and $riminal 5usti$e in&ol&in! de$isions a$$ordin! to Na!a $ustomary law, Hi& ownershi% and transfer of land and its resour$es, shall a%%ly to the State of Na!aland unless the #e!islati&e Assembly of Na!aland by a resolution so de$idesE Hb the ;o&ernor of Na!aland shall ha&e s%e$ial res%onsibility with res%e$t to law and order in the State of Na!aland for so lon! as in his o%inion internal disturban$es o$$urrin! in the Na!a
Hiii the term of offi$e of, and the salaries and allowan$es, if any, to be %aid to members of, the re!ional $oun$ilE Hi& the %ro$edure and $ondu$t of business of the re!ional $oun$ilE H& the a%%ointment of offi$ers and staff of the re!ional $oun$il and their $onditions of ser&i$esE and H&i any other matter in res%e$t of whi$h it is ne$essary to mae rules for the $onstitution and %ro%er fun$tionin! of the re!ional $oun$il H2 Notwithstandin! anythin! in this )onstitution, for a %eriod of ten years from the date of the formation of the State of Na!aland or for su$h further %eriod as the ;o&ernor may, on the re$ommendation of the re!ional $oun$il, by %ubli$ notifi$ation s%e$ify in this behalf,G Ha the administration of the Tuensan! distri$t shall be $arried on by the ;o&ernorE Hb where any money is %ro&ided by the ;o&ernment of India to the ;o&ernment of Na!aland to meet the re'uirements of the State of Na!aland as a whole, the ;o&ernor shall in his dis$retion arran!e for an e'uitable allo$ation of that money between the Tuensan! distri$t and the rest of the StateE H$ no A$t of the #e!islature of Na!aland shall a%%ly to the Tuensan! distri$t unless the ;o&ernor, on the re$ommendation of the re!ional $oun$il, by %ubli$ notifi$ation so dire$ts and the ;o&ernor in !i&in! su$h dire$tion with res%e$t to any su$h A$t may dire$t that the A$t shall in its a%%li$ation to the Tuensan! distri$t or any %art thereof ha&e effe$t sub5e$t to su$h e$e%tions or modifi$ations as the ;o&ernor may s%e$ify on the re$ommendation of the re!ional $oun$ilD Pro&ided that any dire$tion !i&en under this sub8$lause may be !i&en so as to ha&e retros%e$ti&e effe$tE Hd the ;o&ernor may mae re!ulations for the %ea$e, %ro!ress and !ood !o&ernment of the Tuensan! distri$t and any re!ulations so made may re%eal or amend with retros%e$ti&e effe$t, if ne$essary, any A$t of Parliament or any other law whi$h is for the time bein! a%%li$able to that distri$tE He Hi one of the members re%resentin! the Tuensan! distri$t in the #e!islati&e Assembly of Na!aland shall be a%%ointed 7inister for Tuensan! affairs by the ;o&ernor on the ad&i$e of the )hief 7inister and the )hief 7inister in tenderin! his ad&i$e shall a$t on the re$ommendation of the ma5ority of the members as aforesaidE1 Hii the 7inister for Tuensan! affairs shall deal with, and ha&e dire$t a$$ess to the ;o&ernor on, all matters relatin! to the Tuensan! distri$t but he shall ee% the )hief 7inister informed about the sameE Hf notwithstandin! anythin! in the fore!oin! %ro&isions of this $lause, the final de$ision on all matters relatin! to the Tuensan! distri$t shall be made by the ;o&ernor in his dis$retionE
H! in arti$les (" and (( and $lause H" of arti$le .0, referen$es to the ele$ted members of the #e!islati&e Assembly of a State or to ea$h su$h member shall in$lude referen$es to the members or member of the #e!islati&e Assembly of Na!aland ele$ted by the re!ional $oun$il established under this arti$leE Hh in arti$le 1-0G Hi $lause H1 shall, in relation to the #e!islati&e Assembly of Na!aland, ha&e effe$t as if for the word >sity>, the words >forty8si> had been substitutedE Hii in the said $lause, the referen$e to dire$t ele$tion from territorial $onstituen$ies in the State shall in$lude ele$tion by the members of the re!ional $oun$il established under this arti$leE Hiii in $lauses H2 and H3, referen$es to territorial $onstituen$ies shall mean referen$es to territorial $onstituen$ies in the ?ohima and 7oo$hun! distri$ts H3 If any diffi$ulty arises in !i&in! effe$t to any of the fore!oin! %ro&isions of this arti$le, the President may by order do anythin! Hin$ludin! any ada%tation or modifi$ation of any other arti$le whi$h a%%ears to him to be ne$essary for the %ur%ose of remo&in! that diffi$ultyD Pro&ided that no su$h order shall be made after the e%iration of three years from the date of the formation of the State of Na!aland 6xplanation GIn this arti$le, the ?ohima, 7oo$hun! and Tuensan! distri$ts shall ha&e the same meanin!s as in the State of Na!aland A$t, 1/+2
67.9 S(ecial (ro)ision *it res(ect to te State o! Assa&G Notwithstandin! anythin! in this )onstitution, the President may, by order made with res%e$t to the State of Assam, %ro&ide for the $onstitution and fun$tions of a $ommittee of the #e!islati&e Assembly of the State $onsistin! of members of that Assembly ele$ted from the tribal areas s%e$ified in Part I of the table a%%ended to %ara!ra%h 20 of the Sith S$hedule and su$h number of other members of that Assembly as may be s%e$ified in the order and for the modifi$ations to be made in the rules of %ro$edure of that Assembly for the $onstitution and %ro%er fun$tionin! of su$h $ommittee
67C9 S(ecial (ro)ision *it res(ect to te State o! Mani(#rG H1 Notwithstandin! anythin! in this )onstitution, the President may, by order made with res%e$t to the State of 7ani%ur, %ro&ide for the $onstitution and fun$tions of a $ommittee of the #e!islati&e Assembly of the State $onsistin! of members of that Assembly ele$ted from the
s%e$ial res%onsibility of the ;o&ernor in order to se$ure the %ro%er fun$tionin! of su$h $ommittee H2 The ;o&ernor shall annually, or whene&er so re'uired by the President, mae a re%ort to the President re!ardin! the administration of the means su$h areas as the President may, by order, de$lare to be
67D9 S(ecial (ro)isions *it res(ect to te State o! An%ra Pra%esG H1 The President may, by order made with res%e$t to the State of Andhra Pradesh, %ro&ide, ha&in! re!ard to the re'uirements of the State as a whole, for e'uitable o%%ortunities and fa$ilities for the %eo%le belon!in! to different %arts of the State, in the matter of %ubli$ em%loyment and in the matter of edu$ation, and different %ro&isions may be made for &arious %arts of the State H2 An order made under $lause H1 may, in %arti$ular,G Ha re'uire the State ;o&ernment to or!anise any $lass or $lasses of %osts in a $i&il ser&i$e of, or any $lass or $lasses of $i&il %osts under the State into different lo$al $adres for different %arts of the State and allot in a$$ordan$e with su$h %rin$i%al and %ro$edure as may be s%e$ified in the order the %ersons holdin! su$h %ost to the lo$al $adres so or!anisedE Hb s%e$ify any %art or %arts of the State whi$h shall be re!arded as the lo$al areaG Hi for dire$t re$ruitment to %osts in any lo$al $adre Hwhether or!anised in %ursuan$e of an order under this arti$le or $onstituted otherwise under the State ;o&ernmentE Hii for dire$t re$ruitment to %osts in any $adre under any lo$al authority within the StateE and Hiii for the %ur%oses of admission to any Uni&ersity within the State or to any other edu$ational institution whi$h is sub5e$t to the $ontrol of the State ;o&ernmentE H$ s%e$ify the etent to whi$h, the manner in whi$h and the $onditions sub5e$t to whi$h, %referen$e or reser&ation shall be !i&en or madeG Hi in the matter of dire$t re$ruitment to %osts in any su$h $adre referred to in sub8$lause Hb as may be s%e$ified in this behalf in the orderE Hii in the matter of admission to any su$h Uni&ersity or other edu$ational institution referred to in sub8$lause Hb as may be s%e$ified in this behalf in the order, to or in fa&our of $andidates who ha&e resided or studied for any %eriod s%e$ified in the order in the lo$al area in res%e$t of su$h $adre, Uni&ersity or other edu$ational institution, as the $ase may be H3 The President may, by order, %ro&ide for the $onstitution of an Administrati&e Tribunal for the State of Andhra Pradesh to eer$ise su$h 5urisdi$tion, %owers and authority in$ludin! any 5urisdi$tion,
%ower and authority whi$h immediately before the $ommen$ement of the )onstitution HThirty8se$ond Amendment A$t, 1/-3, was eer$isable by any $ourt Hother than the Su%reme )ourt or by any tribunal or other authority as may be s%e$ified in the order with res%e$t to the followin! matters, namelyDG Ha a%%ointment, allotment or %romotion to su$h $lass or $lasses of %osts in any $i&il ser&i$e of the State, or to su$h $lass or $lasses of $i&il %osts under the State, or to su$h $lass or $lasses of %osts under the $ontrol of any lo$al authority within the State, as may be s%e$ified in the orderE Hb seniority of %ersons a%%ointed, allotted or %romoted to su$h $lass or $lasses of %osts in any $i&il ser&i$e of the State, or to su$h $lass or $lasses of $i&il %osts under the State, or to su$h $lass or $lasses of %osts under the $ontrol of any lo$al authority within the State, as may be s%e$ified in the orderE H$ su$h other $onditions of ser&i$e of %ersons a%%ointed, allotted or %romoted to su$h $lass or $lasses of $i&il %osts in any $i&il ser&i$e of the State, or to su$h $lass or $lasses of $i&il %osts under the State or to su$h $lass or $lasses of %osts under the $ontrol of any lo$al authority within the State, as may be s%e$ified in the order H" An order made under $lause H3 mayG Ha authorise the Administrati&e Tribunal to re$ei&e re%resentations for the redress of !rie&an$es relatin! to any matter within its 5urisdi$tion as the President may s%e$ify in the order and to mae su$h orders thereon as the Administrati&e Tribunal deems fitE Hb $ontain su$h %ro&isions with res%e$t to the %owers and authorities and %ro$edure of the Administrati&e Tribunal Hin$ludin! %ro&isions with res%e$t to the %owers of the Administrati&e Tribunal to %unish for $ontem%t of itself as the President may deem ne$essaryE H$ %ro&ide for the transfer of the Administrati&e Tribunal of su$h $lasses of %ro$eedin!s, bein! %ro$eedin!s relatin! to matters within its 5urisdi$tion and %endin! before any $ourt Hother than the Su%reme )ourt or tribunal or other authority immediately before the $ommen$ement of su$h order, as may be s%e$ified in the orderE Hd $ontain su$h su%%lemental, in$idental and $onse'uential %ro&isions Hin$ludin! %ro&isions as to fees and as to limitation, e&iden$e or for the a%%li$ation of any law for the time bein! in for$e sub5e$t to any e$e%tions or modifi$ations as the President may deem ne$essary H( The order of the Administrati&e Tribunal finally dis%osin! of any $ase shall be$ome effe$ti&e u%on its $onfirmation by the State ;o&ernment or on the e%iry of three months from the date on whi$h the order is made, whi$he&er is earlierD Pro&ided that the State ;o&ernment may, by s%e$ial order made in writin! and for reasons to be s%e$ified therein, modify or annul any order of the Administrati&e Tribunal before it be$omes effe$ti&e and in su$h a $ase, the order of the Administrati&e Tribunal shall ha&e
effe$t only in su$h modified form or be of no effe$t, as the $ase may be H+ &ery s%e$ial order made by the State ;o&ernment under the %ro&iso to $lause H( shall be laid, as soon as may be after it is made, before both
67E9 Esta/lis&ent o! Central Uni)ersit$ in An%ra Pra%es9 G Parliament may by law %ro&ide for the establishment of a Uni&ersity in the State of Andhra Pradesh
67F9 S(ecial (ro)isions *it res(ect to te State o! Si;;i&9 G Notwithstandin! anythin! in this )onstitution,G
Ha the #e!islati&e Assembly of the State of Siim shall $onsist of not less than thirty membersE Hb as from the date of $ommen$ement of the )onstitution HThirty8sith Amendment A$t, 1/-( Hhereafter in this arti$le referred to as the a%%ointed dayG Hi the Assembly for Siim formed as a result of the ele$tions held in Siim in A%ril, 1/-" with thirty8two members ele$ted in the said ele$tions hereinafter referred to as the sittin! members shall be deemed to be the #e!islati&e Assembly of the State of Siim duly $onstituted under this )onstitutionE Hii the sittin! members shall be deemed to be the members of the #e!islati&e Assembly of the State of Siim duly ele$ted under this )onstitutionE and Hiii the said #e!islati&e Assembly of the State of Siim shall eer$ise the %owers and %erform the fun$tions of the #e!islati&e Assembly of a State under this )onstitutionE H$ in the $ase of the Assembly deemed to be the #e!islati&e Assembly of the State of Siim under $lause Hb, the referen$es to the %eriod of fi&e years in $lause H1 of arti$le 1-2 shall be $onstrued as referen$es to a %eriod of four years and the said %eriod of four years shall be deemed to $ommen$e from the a%%ointed dayE Hd until other %ro&isions are made by Parliament by law, there shall be allotted to the State of Siim one seat in the
from the a%%ointed day, &est in the ;o&ernment of the State of SiimE Hi the
)onstitution HThirty8sith Amendment A$t, 1/-(, re$ei&ed the assent of the President shall, in so far as they are in $onformity with the %ro&isions of this )onstitution as amended by the )onstitution HThirty8sith Amendment A$t, 1/-(, be deemed for all %ur%oses to ha&e been &alidly done or taen under this )onstitution as so amended
67G9 S(ecial (ro)ision *it res(ect to te State o! Mi?ora&9 G Notwithstandin! in this )onstitution,G Ha no A$t of Parliament in res%e$t ofG Hi reli!ious or so$ial %ra$ti$es of the 7i*os, Hii 7i*oram $ustomary law and %ro$edure, Hiii administration of $i&il and $riminal 5usti$e in&ol&in! de$isions a$$ordin! to 7i*oram $ustomary law, Hi& ownershi% and transfer of land, shall a%%ly to the State of 7i*oram unless the #e!islati&e Assembly of the State of 7i*oram by a resolution so de$idesD Pro&ided that nothin! in this $lause shall a%%ly to any )entral A$t in for$e in the Union Territory of 7i*oram immediately before the $ommen$ement of the )onstitution HFifty8third Amendment A$t, 1/.+E Hb the #e!islati&e Assembly of the State of 7i*oram shall $onsist of not less than forty members
67H9 S(ecial (ro)ision *it res(ect to te State o! Ar#nacal Pra%es9 G Notwithstandin! anythin! in this )onstitutionG Ha the ;o&ernor of Aruna$hal Pradesh shall ha&e s%e$ial res%onsibility with res%e$t to law and order in the State of Aruna$hal Pradesh and in the dis$har!e of his fun$tions in relation thereto, the ;o&ernor shall, after $onsultin! the )oun$il of 7inisters, eer$ise his indi&idual 5ud!ment as to the a$tion to be taenD Pro&ided that if any 'uestion arises whether any matter is or is not a matter as res%e$ts whi$h the ;o&ernor is under this $lause re'uired to a$t in the eer$ise of his indi&idual 5ud!ment, the de$ision of the ;o&ernor in his dis$retion shall be final, and the &alidity of anythin! done by the ;o&ernor shall not be $alled in 'uestion on the !round that he ou!ht or ou!ht not to ha&e a$ted in the eer$ise of his indi&idual 5ud!mentD Pro&ided further that if the President on re$ei%t of a re%ort from the ;o&ernor or otherwise is satisfied that it is no lon!er ne$essary for the ;o&ernor to ha&e s%e$ial res%onsibility with res%e$t to law and order in the State of Aruna$hal Pradesh, he may by order dire$t that the ;o&ernor shall $ease to ha&e su$h res%onsibility with effe$t from su$h date as may be s%e$ified in the orderE
Hb the #e!islati&e Assembly of the State of Aruna$hal Pradesh shall $onsist of not less than thirty members
67-I9 S(ecial (ro)ision *it res(ect to te State o! Goa9 G Notwithstandin! anythin! in this )onstitution, the #e!islati&e Assembly of the State of ;oa shall $onsist of not less than thirty members
6:9 Contin#ance in !orce o! e'isting la*s an% teir a%a(tation9 G H1 Notwithstandin! the re%eal by this )onstitution of the ena$tments referred to in arti$le 3/( but sub5e$t to the other %ro&isions of this )onstitution, all the laws in for$e in the territory of India immediately before the $ommen$ement of this )onstitution shall $ontinue in for$e therein until altered or re%ealed or amended by a $om%etent le!islature or other $om%etent authority H2 For the %ur%ose of brin!in! the %ro&isions of any law in for$e in the territory of India into a$$ord with the %ro&isions of this )onstitution, the President may by order1 mae su$h ada%tations and modifi$ations of su$h law, whether by way of re%eal or amendment, as may be ne$essary or e%edient and %ro&ide that the law shall, as from su$h date as may be s%e$ified in the order, ha&e effe$t sub5e$t to the ada%tations and modifi$ations so made, and any su$h ada%tation or modifi$ation shall not be 'uestioned in any $ourt of law H3 Nothin! in $lause H2 shall be deemedG Ha to em%ower the President to mae any ada%tation or modifi$ation of any law after the e%iration of three years from the $ommen$ement of this )onstitutionsE or Hb to %re&ent any $om%etent #e!islature or other $om%etent authority from re%ealin! or amendin! any law ada%ted or modified by the President under the said $lause 6xplanation GThe e%ression Klaw in for$e: in this arti$le shall in$lude a law %assed or made by a #e!islature or other $om%etent authority in the territory of India before the $ommen$ement of this )onstitution and not %re&iously re%ealed, notwithstandin! that it or %arts of it may not be then in o%eration either at all or in %arti$ular areas 6xplanation GAny law %assed or made by a #e!islature or other $om%etent authority in the territory of India whi$h immediately before the $ommen$ement of this )onstitution had etra8territorial effe$t as well as effe$t in the territory of India shall, sub5e$t to any su$h ada%tations and modifi$ations as aforesaid, $ontinue to ha&e su$h etra8territorial effe$t 6xplanation GNothin! in this arti$le shall be $onstrued as $ontinuin! any tem%orary law in for$e beyond the date fied for its e%iration or the date on whi$h it would ha&e e%ired if this )onstitution had not $ome into for$e 6xplanation 0 GAn 6rdinan$e %romul!ated by the ;o&ernor of a Pro&in$e under se$tion .. of the ;o&ernment of India A$t, 1/3(,
and in for$e immediately before the $ommen$ement of this )onstitution shall, unless withdrawn by the ;o&ernor of the $orres%ondin! State earlier, $ease to o%erate at the e%iration of si wees from the first meetin! after su$h $ommen$ement of the #e!islati&e Assembly of that State fun$tionin! under $lause H1 of arti$le 3.2, and nothin! in this arti$le shall be $onstrued as $ontinuin! any su$h 6rdinan$e in for$e beyond the said %eriod
6:A9 Po*er o! te Presi%ent to a%a(t la*s9 G H1 For the %ur%oses of brin!in! the %ro&isions of any law in for$e in India or in any %art thereof, immediately before the $ommen$ement of the )onstitution HSe&enth Amendment A$t, 1/(+, into a$$ord with the %ro&isions of this )onstitution as amended by that A$t, the President may by order2 made before the first day of No&ember, 1/(-, mae su$h ada%tations and modifi$ations of the law, whether by way of re%eal or amendment, as may be ne$essary or e%edient, and %ro&ide that the law shall, as from su$h date as may be s%e$ified in the order, ha&e effe$t sub5e$t to the ada%tations and modifi$ations so made, and any su$h ada%tation or modifi$ation shall not be 'uestioned in any $ourt of law H2 Nothin! in $lause H1 shall be deemed to %re&ent a $om%etent #e!islature or other $om%etent authority from re%ealin! or amendin! any law ada%ted or modified by the President under the said $lause
669 Po*er o! Presi%ent to &a;e or%er in res(ect o! (ersons #n%er (re)enti)e %etention in certain cases9 G Until %ro&ision is made by Parliament under $lause H- of arti$le 22, or until the e%iration of one year from the $ommen$ement of this )onstitution, whi$he&er is earlier, the said arti$le shall ha&e effe$t as if for any referen$e to Parliament in $lauses H" and H- thereof there were substituted a referen$e to the President and for any referen$e to any law made by Parliament in those $lauses there were substituted a referen$e to an order made by the President
689 Pro)isions as to 2#%ges o! te Fe%eral Co#rt an% (rocee%ings (en%ing in te Fe%eral Co#rt or /e!ore His Maest$ in Co#ncil9 G H1 The =ud!es of the Federal )ourt holdin! offi$e immediately before the $ommen$ement of this )onstitution shall, unless they ha&e ele$ted otherwise, be$ome on su$h $ommen$ement the =ud!es of the Su%reme )ourt and shall thereu%on be entitled to su$h salaries and allowan$es and to su$h ri!hts in res%e$t of lea&e of absen$e and %ension as are %ro&ided for under arti$le 12( in res%e$t of the =ud!es of the Su%reme )ourt H2 All suits, a%%eals and %ro$eedin!s, $i&il or $riminal, %endin! in the Federal )ourt at the $ommen$ement of this )onstitution shall stand remo&ed to the Su%reme )ourt, and the Su%reme )ourt shall
ha&e 5urisdi$tion to hear and determine the same, and the 5ud!ments and orders of the Federal )ourt deli&ered or made before the $ommen$ement of this )onstitution shall ha&e the same for$e and effe$t as if they had been deli&ered or made by the Su%reme )ourt H3 Nothin! in this )onstitution shall o%erate to in&alidate the eer$ise of 5urisdi$tion by
6>9 Co#rts0 a#torities an% o!!icers to contin#e to !#nction s#/ect to te (ro)isions o! te Constit#tion9 G All $ourts of $i&il, $riminal and re&enue 5urisdi$tion, all authorities and all offi$ers, 5udi$ial ee$uti&e and ministerial, throu!hout the territory of India, shall $ontinue to eer$ise their res%e$ti&e fun$tions sub5e$t to the %ro&isions of this )onstitution
6@9 Pro)isions as to 2#%ges o! Hig Co#rts9 G H1 Notwithstandin! anythin! in $lause H2 of arti$le 21-, the =ud!es of
$ommen$ement the =ud!es of the
69 Pro)isions as to Co&(troller an% A#%itor-General o! In%ia9 G The Auditor8;eneral of India holdin! offi$e immediately before the $ommen$ement of this )onstitution shall, unless he has ele$ted otherwise, be$ome on su$h $ommen$ement the )om%troller and Auditor8;eneral of India and shall thereu%on be entitled to su$h salaries and to su$h ri!hts in res%e$t of lea&e of absen$e and %ension as are %ro&ided for under $lause H3 or arti$le 1". in res%e$t of the )om%troller and Auditor8;eneral of India and be entitled to $ontinue to hold offi$e until the e%iration of his term of offi$e as determined under the %ro&isions whi$h were a%%li$able to him immediately before su$h $ommen$ement
6B9 Pro)isions as to P#/lic Ser)ice Co&&issions9 G H1 The members of the Publi$ Ser&i$e )ommission for the ominion of India holdin! offi$e immediately before the $ommen$ement of this )onstitution shall, unless they ha&e ele$ted otherwise, be$ome on su$h $ommen$ement the members of the Publi$ Ser&i$e )ommission for the Union and shall, notwithstandin! anythin! in $lauses H1 and H2 of arti$le 31+ but sub5e$t to the Pro&iso to $lause H2 of that arti$le, $ontinue to hold offi$e until the e%iration of their term of offi$e as determined under the rules whi$h were a%%li$able immediately before su$h $ommen$ement to su$h members H2 The members of a Publi$ Ser&i$e )ommission of a Pro&in$e or of a Publi$ Ser&i$e )ommission ser&in! the needs of a !rou% of Pro&in$es holdin! offi$e immediately before the $ommen$ement of this )onstitution shall, unless they ha&e ele$ted otherwise, be$ome on su$h $ommen$ement the members of the Publi$ Ser&i$e )ommission for the )orres%ondin! State or the members of the =oint State Publi$ Ser&i$e )ommission ser&in! the needs of the )orres%ondin! States, as the $ase may be, and shall, notwithstandin! anythin! in $lauses H1 and H2 of arti$le 31+ but sub5e$t to the %ro&iso to $lause H2 of that arti$le, $ontinue to hold offi$e until the e%iration of their term of offi$e as determined under the rules whi$h were a%%li$able immediately before su$h $ommen$ement to su$h members
6BA9 S(ecial (ro)isions as to %#ration o! An%ra Pra%es Legislati)e Asse&/l$9<
Notwithstandin! anythin! $ontained in arti$le 1-2, the #e!islati&e Assembly of the State of Andhra Pradesh as $onstituted under the %ro&isions of se$tion 2. and 2/ of the State Reor!anisation A$t, 1/(+, shall, unless sooner dissol&ed, $ontinue for a %eriod of fi&e years from the date referred to in the said se$tion 2/ and no lon!er and the e%iration of the said %eriod shall o%erate as a dissolution of that #e!islati&e Assembly
6-679 Rep. by the Constitution (4eventh Amendment) Act, 1"%, sec. $ and 4ch.
6:9 Po*er o! te Presi%ent to re&o)e %i!!ic#lties9 G H1 The President may, for the %ur%ose of remo&in! any diffi$ulties, %arti$ularly in relation to the transition from the %ro&isions of the ;o&ernment of India A$t, 1/3(, to the %ro&isions of this )onstitution, by order dire$t that this )onstitution shall, durin! su$h %eriod as may be s%e$ified in the order, ha&e effe$t sub5e$t to su$h ada%tations, whether by any of modifi$ation, addition or omission, as he may deem to be ne$essary or e%edientD Pro&ided that no su$h order shall be made after the first meetin! of Parliament duly $onstituted under )ha%ter II of Part 4 H2 &ery order made under $lause H1 shall be laid before Parliament H3 The %owers $onferred on the President by this arti$le, by arti$le 32", by $lause H3 of arti$le 3+- and by arti$le 3/1 shall, before the $ommen$ement of the )onstitution, be eer$isable by the ;o&ernor8 ;eneral of the ominion of India
/art :: Sort title0 co&&ence&ent0 A#toritati)e te't in Hin%i an% Re(eals 669 Sort title9 G This )onstitution may be $alled the )onstitution of India
689 Co&&ence&ent9 G This arti$le and arti$les (, +, -, ., /, +0, 32", 3++, 3+-, 3-/, 3.0, 3.., 3/1, 3/2 and 3/3 shall $ome into for$e at on$e, and the remainin! %ro&isions of this )onstitution shall $ome into for$e on the twenty8sith day of =anuary, 1/(0, whi$h day is referred to in this )onstitution as the $ommen$ement of this )onstitution
68A9 A#toritati)e te't in te Hin%i lang#age9 G H1 The President shall $ause to be %ublished under his authorityG Ha the translation of this )onstitution in the
with the lan!ua!e style and terminolo!y ado%ted in the authoritati&e tets of )entral A$ts in the
6>9 Re(eals9 G The Indian Inde%enden$e A$t, 1/"- and the ;o&ernment of India A$t, 1/3(, to!ether with all ena$tments amendin! or su%%lementin! the latter A$t, but not in$ludin! the Abolition of Pri&y )oun$il =urisdi$tion A$t, 1/"/ are hereby re%ealed
'R4T 4C>69<86 MArticles 1 and & I9 THE STATES Name Territories 1 Andhra Pradesh The territories s%e$ified in sub8se$tion H1 of se$tion 3 of the Andhra State A$t, 1/(3, sub8se$tion H1 of se$tion 3 of the States Reor!anisation A$t, 1/(+, the First S$hedule to the Andhra Pradesh and 7adras HAlteration of oundaries A$t, 1/(/, and the S$hedule to the Andhra Pradesh and 7ysore HTransfer of Territory A$t, 1/+., but e$ludin! the territories s%e$ified in the Se$ond S$hedule to the Andhra Pradesh and 7adras HAlteration of oundaries A$t, 1/(/ 2 Assam The territories whi$h immediately before the $ommen$ement of this )onstitution were $om%rised in the Pro&in$e of Assam, the ?hasi States and the Assam Tribal Areas, but e$ludin! the territories s%e$ified in the S$hedule to the Assam HAlteration of oundaries A$t, 1/(1, and the territories s%e$ified in sub8se$tion H1 of se$tion 3 of the State of Na!aland A$t, 1/+2 and the territories s%e$ified in se$tions (, + and of the North8astern Areas HReor!anisation A$t, 1/-1
3 ihar The territories whi$h immediately before the $ommen$ement of this )onstitution were either $om%rised in the Pro&in$e of ihar or were bein! administered as if they formed %art of that Pro&in$e and the territories s%e$ified in $lause H1 of sub8se$tion H1 of se$tion 3 of the ihar and Uttar Pradesh HAlteration of oundaries A$t, 1/+., but e$ludin! the territories s%e$ified in sub8se$tion H1 of se$tion 3 of the ihar and est en!al HTransfer of Territories A$t, 1/(+, and the territories s%e$ified in $lause Hb of sub8se$tion H1 of se$tion 3 of the first mentioned A$t " ;u5arat The territories referred to in sub8 se$tion H1 of se$tion 3 of the ombay Reor!anisation A$t, 1/+0 ( ?erala The territories s%e$ified in sub8se$tion H1 of se$tion ( of the States Reor!anisation A$t, 1/(+ + 7adhya Pradesh The territories s%e$ified in sub8se$tion H1 of se$tion / of the States Reor!anisation A$t, 1/(+ and the First S$hedule to the Ra5asthan and 7adhya Pradesh HTransfer of Territories A$t, 1/(/ - Tamil Nadu The territories whi$h immediately before the $ommen$ement of this )onstitution were either $om%rised in the Pro&in$e of 7adras or were bein! administered as if they formed %art of that Pro&in$e and the territories s%e$ified in se$tion " of the States Reor!anisation A$t, 1/(+, and the Se$ond S$hedule to the Andhra Pradesh and 7adras HAlteration of oundaries A$t, 1/(/ but e$ludin! the territories s%e$ified in sub8 se$tion H1 of se$tion 3 and sub8se$tion H1 of se$tion " of the Andhra State A$t, 1/(3 and the territories s%e$ified in $lause Hb of sub8se$tion H1 of se$tion (, se$tion + and $lause Hd of sub8 se$tion H1 of se$tion - of the States Reor!anisation A$t, 1/(+ and the territories s%e$ified in the First S$hedule to the Andhra Pradesh and 7adras HAlteration of oundaries A$t, 1/(/ . 7aharashtra The territories s%e$ified in sub8 se$tion H1 of se$tion . of the States Reor!anisation A$t, 1/(+, but e$ludin! the territories referred to in sub8se$tion H1 of se$tion 3 of the ombay Reor!anisation A$t, 1/+0 / ?arnataa The territories s%e$ified in sub8 se$tion H1 of se$tion - of the States Reor!anisation A$t, 1/(+ but e$ludin! the territory s%e$ified in the S$hedule to the Andhra Pradesh and 7ysore HTransfer of Territory A$t, 1/+.
10 6rissa The territories whi$h immediately before the $ommen$ement of this )onstitution were either $om%rised in the Pro&in$e of 6rissa or were bein! administered as if they formed %art of that Pro&in$e 11 Pun5ab The territories s%e$ified in se$tion 11 of the States Reor!anisation A$t, 1/(+ and the territories referred to in Part II of the First S$hedule to the A$'uired Territories H7er!er A$t, 1/+0 but e$ludin! the territories referred to in Part II of the First S$hedule to the )onstitution HNinth Amendment A$t, 1/+0 and the territories s%e$ified in sub8se$tion H1 of se$tion 3, se$tion " and sub8se$tion H1 of se$tion ( of the Pun5ab Reor!anisation A$t, 1/++ 12 Ra5asthan The territories s%e$ified in se$tion 10 of the States Reor!anisation A$t, 1/(+ but e$ludin! the territories s%e$ified in the First S$hedule to the Ra5asthan and 7adhya Pradesh HTransfer of Territories A$t, 1/(/ 13 Uttar Pradesh The territories whi$h immediately before the $ommen$ement of this )onstitution were either $om%rised in the Pro&in$e nown as the United Pro&in$es or were bein! administered as if they formed %art of that Pro&in$e, the territories s%e$ified in $lause Hb of sub8se$tion H1 of se$tion 3 of the ihar and Uttar Pradesh HAlteration of oundaries A$t, 1/+., and the territories s%e$ified in $lause Hb of sub8 se$tion H1 of se$tion " of the
1+ Na!aland The territories s%e$ified in sub8 se$tion H1 of se$tion 3 of the State of Na!aland A$t, 1/+2 1-
2 The Andaman and The territory whi$h immediately before the $ommen$ement of this )onstitution was $om%rised in the )hief )ommissioner:s Pro&in$e of the Andaman and Ni$obar Islands 3 #ashadwee% The territory s%e$ified in se$tion + of the States Reor!anisation A$t, 1/(+ " adra and Na!ar The territory whi$h immediately before the ele&enth day of Au!ust, 1/+1 was $om%rised in Free adra and Na!ar
46C7?9 4C>69<86 =Articles "(), %"(), !"(%), !, 1$", 1&(), 1"(), 1%&("),1% and $$1 /ART A PR64ISI6NS AS T6 T< PRSINT AN T< ;64RN6RS 6F STATS JJJ 1 There shall be %aid to the President and to the ;o&ernors of the States JJJ the followin! emoluments %er mensem, that is to sayDG The President 10,000 ru%ees The ;o&ernor of a State (,(00 ru%ees 2 There shall also be %aid to the President and to the ;o&ernors of the States JJJ su$h allowan$es as were %ayable res%e$ti&ely to the ;o&ernor8;eneral of the ominion of India and to the ;o&ernors of the $orres%ondin! Pro&in$es immediately before the $ommen$ement of this )onstitution 3 The President and the ;o&ernors of the States throu!hout their res%e$ti&e terms of offi$e shall be entitled to the same %ri&ile!es to whi$h the ;o&ernor8;eneral and the ;o&ernors of the $orres%ondin! Pro&in$es were res%e$ti&ely entitled immediately before the $ommen$ement of this )onstitution " hile the 4i$e8President or any other %erson is dis$har!in! the fun$tions of, or is a$tin! as, President, or any %erson is dis$har!in! the fun$tions of the ;o&ernor, he shall be entitled to the same emoluments, allowan$es and %ri&ile!es as the President or the ;o&ernor whose fun$tions he dis$har!es or for whom he a$ts, as the $ase may be JJJ /ART C PR64ISI6NS AS T6 T< SPA?R AN T< PUTB SPA?R 6F T< <6US 6F T< P6P# AN T< )
)hairman and the e%uty )hairman of the #e!islati&e )oun$il of the State su$h salaries and allowan$es as the ;o&ernor of the State may determine /ART 9 PR64ISI6NS AS T6 T< =U;S 6F T< SUPR7 )6URT AN 6F T<
H( The ri!hts in res%e$t of lea&e of absen$e Hin$ludin! lea&e allowan$es and %ension of the =ud!es of the Su%reme )ourt shall be !o&erned by the %ro&isions whi$h, immediately before the $ommen$ement of this )onstitution, were a%%li$able to the =ud!es of the Federal )ourt 10 H1 There shall be %aid to the =ud!es of
allowan$e in addition to the salary s%e$ified in sub8%ara!ra%h H1 of this %ara!ra%h 11 In this Part, unless the $ontet otherwise re'uiresG Ha the e%ression K)hief =usti$e: in$ludes an a$tin! )hief =usti$e, and a K=ud!e: in$ludes an ad hoc =ud!eE Hb Ka$tual ser&i$e: in$ludesG Hi time s%ent by a =ud!e on duty as a =ud!e or in the %erforman$e of su$h other fun$tions as he may at the re'uest of the President undertae to dis$har!eE Hii &a$ations, e$ludin! any time durin! whi$h the =ud!e is absent on lea&eE and Hiii 5oinin! time on transfer from a
T>R9 4C>69<86 =Articles !"(&), , 1$&(%), 1&($), 1%&(), 1 and $1 1 For&s o! Oats or A!!ir&ations I Form of oath of offi$e for a 7inister for the UnionD KI, A, do that I will bear true faith and alle!ian$e to the )onstitution of India as by law established, that I will u%hold the so&erei!nty and inte!rity of India that I will faithfully and $ons$ientiously dis$har!e my duties as a 7inister for the Union and that I will do ri!ht to all manner of %eo%le in a$$ordan$e with the )onstitution and the law, without fear or fa&our, affe$tion or ill8will: II Form of oath of se$re$y for a 7inister for the UnionD KI, A, do that I will not dire$tly or indire$tly $ommuni$ate or re&eal to any %erson or %ersons any matter whi$h shall be brou!ht under my $onsideration or shall be$ome nown to me as a 7inister for the Union e$e%t as may be re'uired for the due dis$har!e of my8duties as su$h 7inister: III A Form of oath or affirmation to be made by a $andidate for ele$tion to ParliamentD KI, A, ha&in! been nominated as a $andidate to fill a seat in the )oun$il of States Hor the
a$$ordan$e with the )onstitution and the law without fear or fa&our, affe$tion or ill8will: +I Form of oath of se$re$y for a 7inister for a StateD KI, A, do that I will not dire$tly or indire$tly $ommuni$ate or re&eal to any %erson or %ersons any matter whi$h shall be brou!ht under my $onsideration or shall be$ome nown to me as a 7inister for the State of e$e%t as may be re'uired for the due dis$har!e of my duties as su$h 7inister: +II A Form of oath or affirmation to be made by a $andidate for ele$tion to the #e!islature of a StateD KI, A, ha&in! been nominated as a $andidate to fill a seat in #e!islati&e Assembly Hor #e!islati&e )oun$il , do that I will bear true faith and alle!ian$e to the )onstitution of India as by law established and that I will u%hold the so&erei!nty and inte!rity of India: . Form of oath or affirmation to be made by a member of the #e!islature of a StateD KI, A, ha&in! been ele$ted Hor nominated a member of the #e!islati&e Assembly Hor #e!islati&e )oun$il, do that I will bear true faith and alle!i8an$e to the )onstitution of India as by law established, that I will u%hold the so&erei!nty and inte!rity of India and that I will faithfully dis$har!e the duty u%on whi$h I am about to enter: +III Form of oath or affirmation to be made by the =ud!es of a
'7
