Download Constitution of India<\/a><\/p>\nTHE CONSTITUTION OF INDIA
\n[As on 1
\nst April, 2019]
\n2019
\nGOVERNMENT OF INDIA
\nMINISTRY OF LAW AND JUSTICE
\nLEGISLATIVE DEPARTMENT
\nLIST OF ABBREVIATIONS USED
\nArt., arts. for Article, articles.
\nCl., cls. \u2033 Clause, clauses.
\nC.O. \u2033 Constitution Order.
\nIns. \u2033 Inserted.
\nP., pp. \u2033 Page, pages.
\nPt. \u2033 Part.
\nRep. \u2033 Repealed.
\nS., ss. \u2033 Section, sections.
\nSch. \u2033 Schedule.
\nSubs. \u2033 Substituted.
\nw.e.f. \u2033 with effect from.
\n3
\nPREFACE
\nThis edition of the Constitution of India reproduces the text of the Constitution of India as
\namended by Parliament from time to time. All amendments made by the Parliament up to and
\nincluding the Constitution (One Hundred and Third Amendment) Act, 2019 are incorporated in
\nthis edition. The foot notes below the text indicate the Constitution Amendment Acts by which
\nsuch amendments have been made.
\nThe Constitution applies to the State of Jammu and Kashmir with certain exceptions and
\nmodifications as provided in article 370 and the Constitution (Application to Jammu and Kashmir)
\nOrder, 1954. This Order has been included in Appendix I for facility of reference. Appendix II
\ncontains a re-statement of the exceptions and modifications.
\nThe Constitution (One Hundredth Amendment) Act, 2015 containing details of acquired and
\ntransferred territories between the Governments of India and Bangladesh has been included in
\nAppendix V.
\nThe text of the constitutional amendments relating to the Constitution (Forty-fourth
\nAmendment) Act, 1978 and the Constitution (Eighty-eighth Amendment) Act, 2003, which have
\nnot yet come into force, have been provided in the text at the appropriate places wherever possible
\nor otherwise in the footnote.
\nNew Delhi; Dr. G Narayana Raju,
\n1
\nst April, 2019. Secretary to the Government of India.
\n4
\nTHE CONSTITUTION OF INDIA
\n____________
\nCONTENTS
\n__________
\nPREAMBLE
\nPART I
\nTHE UNION AND ITS TERRITORY
\nARTICLES
\n1. Name and territory of the Union.
\n2. Admission or establishment of new States.
\n2A. [Omitted.]
\n3. Formation of new States and alteration of areas, boundaries or names of existing States.
\n4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth
\nSchedules and supplemental, incidental and consequential matters.
\nPART II
\nCITIZENSHIP
\n5. Citizenship at the commencement of the Constitution.
\n6. Rights of citizenship of certain persons who have migrated to India from Pakistan.
\n7. Rights of citizenship of certain migrants to Pakistan.
\n8. Rights of citizenship of certain persons of Indian origin residing outside India.
\n9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
\n10. Continuance of the rights of citizenship.
\n11. Parliament to regulate the right of citizenship by law.
\nPART III
\nFUNDAMENTAL RIGHTS
\nGeneral
\n12. Definition.
\n13. Laws inconsistent with or in derogation of the fundamental rights.
\nRight to Equality
\n14. Equality before law.
\n15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
\n16. Equality of opportunity in matters of public employment.
\n17. Abolition of Untouchability.
\n18. Abolition of titles.
\nRight to Freedom
\n19. Protection of certain rights regarding freedom of speech, etc.
\n20. Protection in respect of conviction for offences.
\n21. Protection of life and personal liberty.
\n5
\nARTICLES
\n21A. Right to education.
\n22. Protection against arrest and detention in certain cases.
\nRight against Exploitation
\n23. Prohibition of traffic in human beings and forced labour.
\n24. Prohibition of employment of children in factories, etc.
\nRight to Freedom of Religion
\n25. Freedom of conscience and free profession, practice and propagation of religion.
\n26. Freedom to manage religious affairs.
\n27. Freedom as to payment of taxes for promotion of any particular religion.
\n28. Freedom as to attendance at religious instruction or religious worship in certain educational
\ninstitutions.
\nCultural and Educational Rights
\n29. Protection of interests of minorities.
\n30. Right of minorities to establish and administer educational institutions.
\n31. [Omitted.]
\nSaving of Certain Laws
\n31A. Saving of Laws providing for acquisition of estates, etc.
\n31B. Validation of certain Acts and Regulations.
\n31C. Saving of laws giving effect to certain directive principles.
\n31D. [Omitted.]
\nRight to Constitutional Remedies
\n32. Remedies for enforcement of rights conferred by this Part.
\n32A. [Omitted.]
\n33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
\n34. Restriction on rights conferred by this Part while martial law is in force in any area.
\n35. Legislation to give effect to the provisions of this Part.
\nPART IV
\nDIRECTIVE PRINCIPLES OF STATE POLICY
\n36. Definition.
\n37. Application of the principles contained in this Part.
\n38. State to secure a social order for the promotion of welfare of the people.
\n39. Certain principles of policy to be followed by the State.
\n39A. Equal justice and free legal aid.
\n40. Organisation of village panchayats.
\n41. Right to work, to education and to public assistance in certain cases.
\n42. Provision for just and humane conditions of work and maternity relief.
\n43. Living wage, etc., for workers.
\n43A. Participation of workers in management of industries.
\n43B. Promotion of co-operative societies.
\n6
\nARTICLES
\n44. Uniform civil code for the citizens.
\n45. Provision for early childhood care and education to children below the age of six years.
\n46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other
\nweaker sections.
\n47. Duty of the State to raise the level of nutrition and the standard of living and to improve public
\nhealth.
\n48. Organisation of agriculture and animal husbandry.
\n48A. Protection and improvement of environment and safeguarding of forests and wild life.
\n49. Protection of monuments and places and objects of national importance.
\n50. Separation of judiciary from executive.
\n51. Promotion of international peace and security.
\nPART IVA
\nFUNDAMENTAL DUTIES
\n51A. Fundamental duties.
\nPART V
\nTHE UNION
\nCHAPTER I.\uf0beTHE EXECUTIVE
\nThe President and Vice-President
\n52. The President of India.
\n53. Executive power of the Union.
\n54. Election of President.
\n55. Manner of election of President.
\n56. Term of office of President.
\n57. Eligibility for re-election.
\n58. Qualifications for election as President.
\n59. Conditions of President\u2019s office.
\n60. Oath or affirmation by the President.
\n61. Procedure for impeachment of the President.
\n62. Time of holding election to fill vacancy in the office of President and the term of office of
\nperson elected to fill casual vacancy.
\n63. The Vice-President of India.
\n64. The Vice-President to be ex officio Chairman of the Council of States.
\n65. The Vice-President to act as President or to discharge his functions during casual
\nvacancies in the office, or during the absence, of President.
\n66. Election of Vice-President.
\n67. Term of office of Vice-President.
\n68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of
\nperson elected to fill casual vacancy.
\n69. Oath or affirmation by the Vice-President.
\n70. Discharge of President\u2019s functions in other contingencies.
\n71. Matters relating to, or connected with, the election of a President or Vice-President.
\n7
\nARTICLES
\n72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in
\ncertain cases.
\n73. Extent of executive power of the Union.
\nCouncil of Ministers
\n74. Council of Ministers to aid and advise President.
\n75. Other provisions as to Ministers.
\nThe Attorney-General for India
\n76. Attorney-General for India.
\nConduct of Government Business
\n77. Conduct of business of the Government of India.
\n78. Duties of Prime Minister as respects the furnishing of information to the President, etc.
\nCHAPTER II.\uf0bePARLIAMENT
\nGeneral
\n79. Constitution of Parliament.
\n80. Composition of the Council of States.
\n81. Composition of the House of the People.
\n82. Readjustment after each census.
\n83. Duration of Houses of Parliament.
\n84. Qualification for membership of Parliament.
\n85. Sessions of Parliament, prorogation and dissolution.
\n86. Right of President to address and send messages to Houses.
\n87. Special address by the President.
\n88. Rights of Ministers and Attorney-General as respects Houses.
\nOfficers of Parliament
\n89. The Chairman and Deputy Chairman of the Council of States.
\n90. Vacation and resignation of, and removal from, the office of Deputy Chairman.
\n91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as,
\nChairman.
\n92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office
\nis under consideration.
\n93. The Speaker and Deputy Speaker of the House of the People.
\n94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
\n95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as,
\nSpeaker.
\n96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is
\nunder consideration.
\n97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy
\nSpeaker.
\n98. Secretariat of Parliament.
\nConduct of Business
\n99. Oath or affirmation by members.
\n100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
\n8
\nARTICLES
\nDisqualifications of Members
\n101. Vacation of seats.
\n102. Disqualifications for membership.
\n103. Decision on questions as to disqualifications of members.
\n104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not
\nqualified or when disqualified.
\nPowers, Privileges and Immunities of Parliament and its Members
\n105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
\n106. Salaries and allowances of members.
\nLegislative Procedure
\n107. Provisions as to introduction and passing of Bills.
\n108. Joint sitting of both Houses in certain cases.
\n109. Special procedure in respect of Money Bills.
\n110. Definition of \u201cMoney Bills\u201d.
\n111. Assent to Bills.
\nProcedure in Financial Matters
\n112. Annual financial statement.
\n113. Procedure in Parliament with respect to estimates.
\n114. Appropriation Bills.
\n115. Supplementary, additional or excess grants.
\n116. Votes on account, votes of credit and exceptional grants.
\n117. Special provisions as to financial Bills.
\nProcedure Generally
\n118. Rules of procedure.
\n119. Regulation by law of procedure in Parliament in relation to financial business.
\n120. Language to be used in Parliament.
\n121. Restriction on discussion in Parliament.
\n122. Courts not to inquire into proceedings of Parliament.
\nCHAPTER III.\uf0beLEGISLATIVE POWERS OF THE PRESIDENT
\n123.Power of President to promulgate Ordinances during recess of Parliament.
\nCHAPTER IV.\uf0be THE UNION JUDICIARY
\n124. Establishment and constitution of Supreme Court.
\n124A. National Judicial Appointments Commission.
\n124B. Functions of Commission.
\n124C. Power of Parliament to make law.
\n125. Salaries, etc., of Judges.
\n126. Appointment of acting Chief Justice.
\n127. Appointment of ad hoc judges.
\n9
\nARTICLES
\n128. Attendance of retired Judges at sittings of the Supreme Court.
\n129. Supreme Court to be a court of record.
\n130. Seat of Supreme Court.
\n131. Original jurisdiction of the Supreme Court.
\n131A. [Omitted.]
\n132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.
\n133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.
\n134. Appellate jurisdiction of Supreme Court in regard to criminal matters.
\n134A. Certificate for appeal to the Supreme Court.
\n135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme
\nCourt.
\n136. Special leave to appeal by the Supreme Court.
\n137. Review of judgments or orders by the Supreme Court.
\n138. Enlargement of the jurisdiction of the Supreme Court.
\n139. Conferment on the Supreme Court of powers to issue certain writs.
\n139A. Transfer of certain cases.
\n140. Ancillary powers of Supreme Court.
\n141. Law declared by Supreme Court to be binding on all courts.
\n142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
\n143. Power of President to consult Supreme Court.
\n144. Civil and judicial authorities to act in aid of the Supreme Court.
\n144A. [Omitted.]
\n145. Rules of Court, etc.
\n146. Officers and servants and the expenses of the Supreme Court.
\n147. Interpretation.
\nCHAPTER V.\uf0be COMPTROLLER AND AUDITOR-GENERAL OF INDIA
\n148. Comptroller and Auditor-General of India.
\n149. Duties and powers of the Comptroller and Auditor-General.
\n150. Form of accounts of the Union and of the States.
\n151. Audit reports.
\nPART VI
\nTHE STATES
\nCHAPTER I.\uf0be GENERAL
\n152. Definition.
\nCHAPTER II.\uf0be THE EXECUTIVE
\nThe Governor
\n153. Governors of States.
\n154. Executive power of State.
\n155. Appointment of Governor.
\n156. Term of office of Governor.
\n157. Qualifications for appointment as Governor.
\n158. Conditions of Governor\u2019s office.
\n10
\nARTICLES
\n159. Oath or affirmation by the Governor.
\n160. Discharge of the functions of the Governor in certain contingencies.
\n161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences
\nin certain cases.
\n162. Extent of executive power of State.
\nCouncil of Ministers
\n163. Council of Ministers to aid and advise Governor.
\n164. Other provisions as to Ministers.
\nThe Advocate-General for the State
\n165. Advocate-General for the State.
\nConduct of Government Business
\n166. Conduct of business of the Government of a State.
\n167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.
\nCHAPTER III.\uf0beTHE STATE LEGISLATURE
\nGeneral
\n168. Constitution of Legislatures in States.
\n169. Abolition or creation of Legislative Councils in States.
\n170. Composition of the Legislative Assemblies.
\n171. Composition of the Legislative Councils.
\n172. Duration of State Legislatures.
\n173. Qualification for membership of the State Legislature.
\n174. Sessions of the State Legislature, prorogation and dissolution.
\n175. Right of Governor to address and send messages to the House or Houses.
\n176. Special address by the Governor.
\n177. Rights of Ministers and Advocate-General as respects the Houses.
\nOfficers of the State Legislature
\n178. The Speaker and Deputy Speaker of the Legislative Assembly.
\n179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
\n180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as,
\nSpeaker.
\n181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office
\nis under consideration.
\n182. The Chairman and Deputy Chairman of the Legislative Council.
\n183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
\n184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as,
\nChairman.
\n185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from
\noffice is under consideration.
\n11
\nARTICLES
\n186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy
\nChairman.
\n187. Secretariat of State Legislature.
\nConduct of Business
\n188. Oath or affirmation by members.
\n189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
\nDisqualifications of Members
\n190. Vacation of seats.
\n191. Disqualifications for membership.
\n192. Decision on questions as to disqualifications of members.
\n193. Penalty for sitting and voting before making oath or affirmation under article 188 or when not
\nqualified or when disqualified.
\nPowers, privileges and immunities of State Legislatures and their Members
\n194. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
\n195. Salaries and allowances of members.
\nLegislative Procedure
\n196. Provisions as to introduction and passing of Bills.
\n197. Restriction on powers of Legislative Council as to Bills other than Money Bills.
\n198. Special procedure in respect of Money Bills.
\n199. Definition of \u201cMoney Bills\u201d.
\n200. Assent to Bills.
\n201. Bills reserved for consideration.
\nProcedure in Financial Matters
\n202. Annual financial statement.
\n203. Procedure in Legislature with respect to estimates.
\n204. Appropriation Bills.
\n205. Supplementary, additional or excess grants.
\n206. Votes on account, votes of credit and exceptional grants.
\n207. Special provisions as to financial Bills.
\nProcedure Generally
\n208. Rules of procedure.
\n209. Regulation by law of procedure in the Legislature of the State in relation to financial business.
\n210. Language to be used in the Legislature.
\n211. Restriction on discussion in the Legislature.
\n212. Courts not to inquire into proceedings of the Legislature.
\nCHAPTER IV.\uf0beLEGISLATIVE POWER OF THE GOVERNOR
\n213. Power of Governor to promulgate Ordinances during recess of Legislature.
\nCHAPTER V.\uf0be-THE HIGH COURTS IN THE STATES
\n214. High Courts for States.
\n215. High Courts to be courts of record.
\n216. Constitution of High Courts.
\n12
\nARTICLES
\n217. Appointment and conditions of the office of a Judge of a High Court.
\n218. Application of certain provisions relating to Supreme Court to High Courts.
\n219. Oath or affirmation by Judges of High Courts.
\n220. Restriction on practice after being a permanent Judge.
\n221. Salaries, etc., of Judges.
\n222. Transfer of a Judge from one High Court to another.
\n223. Appointment of acting Chief Justice.
\n224. Appointment of additional and acting Judges.
\n224A. Appointment of retired Judges at sittings of High Courts.
\n225. Jurisdiction of existing High Courts.
\n226. Power of High Courts to issue certain writs.
\n226A. [Omitted]
\n227. Power of superintendence over all courts by the High Court.
\n228. Transfer of certain cases to High Court.
\n228A. [Omitted .]
\n229. Officers and servants and the expenses of High Courts.
\n230. Extension of jurisdiction of High Courts to Union territories.
\n231. Establishment of a common High Court for two or more States.
\nCHAPTER VI\uf0beSUBORDINATE COURTS
\n233. Appointment of district judges.
\n233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges.
\n234. Recruitment of persons other than district judges to the judicial service.
\n235. Control over subordinate courts.
\n236. Interpretation.
\n237. Application of the provisions of this Chapter to certain class or classes of magistrates.
\nPART VII- [Omitted]
\nTHE STATES IN PART B OF THE FIRST SCHEDULE
\n238. [Omitted .]
\nPART VIII
\nTHE UNION TERRITORIES
\n239. Administration of Union territories.
\n239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.
\n239AA.Special provisions with respect to Delhi.
\n239AB.Provision in case of failure of constitutional machinery.
\n239B.Power of administrator to promulgate Ordinances during recess of Legislature.
\n240. Power of President to make regulations for certain Union territories.
\n241. High Courts for Union territories.
\n242. [Omitted .]
\nPART IX
\nTHE PANCHAYATS
\n243. Definitions.
\n243A. Gram Sabha.
\n243B. Constitution of Panchayats.
\n13
\nARTICLES
\n243C. Composition of Panchayats.
\n243D. Reservation of seats.
\n243E. Duration of Panchayats, etc.
\n243F. Disqualifications for membership.
\n243G. Powers, authority and responsibilities of Panchayats.
\n243H. Powers to impose taxes by, and Funds of, the Panchayats.
\n243-I. Constitution of Finance Commission to review financial position.
\n243J. Audit of accounts of Panchayats.
\n243K. Elections to the Panchayats.
\n243L. Application to Union territories.
\n243M. Part not to apply to certain areas.
\n243N. Continuance of existing laws and Panchayats.
\n243-O. Bar to interference by courts in electoral matters.
\nPART IXA
\nTHE MUNICIPALITIES
\n243P. Definitions.
\n243Q. Constitution of Municipalities.
\n243R. Composition of Municipalities.
\n243S. Constitution and composition of Wards Committees, etc.
\n243T. Reservation of seats.
\n243U. Duration of Municipalities, etc.
\n243V. Disqualifications for membership.
\n243W.Powers, authority and responsibilities of Municipalities, etc.
\n243X. Power to impose taxes by, and Funds of, the Municipalities.
\n243Y. Finance Commission.
\n243Z.Audit of accounts of Municipalities.
\n243ZA.Elections to the Municipalities.
\n243ZB.Application to Union territories.
\n243ZC. Part not to apply to certain areas.
\n243ZD.Committee for district planning.
\n243ZE.Committee for Metropolitan planning.
\n243ZF.Continuance of existing laws and Municipalities.
\n243ZG.Bar to interference by courts in electoral matters.
\nPART IXB
\nTHE CO-OPERATIVE SOCIETIES
\n243ZH. Definitions.
\n243Z-I. Incorporation of co-operative societies.
\n243ZJ. Number and term of members of board and its office bearers.
\n14
\nARTICLES
\n243ZK. Election of members of board.
\n243ZL. Supersession and suspension of board and interim management.
\n243ZM. Audit of accounts of co-operative societies.
\n243ZN. Convening of general body meetings.
\n243Z-O. Right of a member to get information.
\n243ZP. Returns.
\n243ZQ. Offences and penalties.
\n243ZR. Application to multi-State co-operative societies.
\n243ZS. Application to Union territories.
\n243ZT. Continuance of existing laws.
\nPART X
\nTHE SCHEDULED AND TRIBAL AREAS
\n244. Administration of Scheduled Areas and Tribal Areas.
\n244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of
\nlocal Legislature or Council of Ministers or both therefor.
\nPART XI
\nRELATIONS BETWEEN THE UNION AND THE STATES
\nCHAPTER I.\uf0beLEGISLATIVE RELATIONS
\nDistribution of Legislative Powers
\n245. Extent of laws made by Parliament and by the Legislatures of States.
\n246. Subject-matter of laws made by Parliament and by the Legislatures of States.
\n247. Power of Parliament to provide for the establishment of certain additional courts.
\n248. Residuary powers of legislation.
\n249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.
\n250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of
\nEmergency is in operation.
\n251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by
\nthe Legislatures of States.
\n252. Power of Parliament to legislate for two or more States by consent and adoption of such
\nlegislation by any other State.
\n253. Legislation for giving effect to international agreements.
\n254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
\n255. Requirements as to recommendations and previous sanctions to be regarded as matters of
\nprocedure only.
\nCHAPTER II.\uf0be ADMINISTRATIVE RELATIONS
\nGeneral
\n256. Obligation of States and the Union.
\n257. Control of the Union over States in certain cases.
\n15
\nARTICLES
\n257A. [Omitted .]
\n258. Power of the Union to confer powers, etc., on States in certain cases.
\n258A. Power of the States to entrust functions to the Union.
\n259. [Omitted .]
\n260. Jurisdiction of the Union in relation to territories outside India.
\n261. Public acts, records and judicial proceedings.
\nDisputes relating to Waters
\n262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.
\nCo-ordination between States
\n263. Provisions with respect to an inter-State Council.
\nPART XII
\nFINANCE, PROPERTY, CONTRACTS AND SUITS
\nCHAPTER I.\uf0beFINANCE
\nGeneral
\n264. Interpretation.
\n265. Taxes not to be imposed save by authority of law.
\n266. Consolidated Funds and public accounts of India and of the States.
\n267. Contingency Fund.
\nDistribution of Revenues between the Union and the States
\n268. Duties levied by the Union but collected and appropriated by the State.
\n268A. [Omitted]
\n269. Taxes levied and collected by the Union but assigned to the States.
\n270. Taxes levied and distributed between the Union and the States.
\n271. Surcharge on certain duties and taxes for purposes of the Union.
\n272. [Omitted.]
\n273. Grants in lieu of export duty on jute and jute products.
\n274. Prior recommendation of President required to Bills affecting taxation in which States are
\ninterested.
\n275. Grants from the Union to certain States.
\n276. Taxes on professions, trades, callings and employments.
\n277. Savings.
\n278. [Omitted.]
\n279. Calculation of \u201cnet proceeds\u201d, etc.
\n280. Finance Commission.
\n281. Recommendations of the Finance Commission.
\nMiscellaneous financial provisions
\n282. Expenditure defrayable by the Union or a State out of its revenues.
\n16
\nARTICLES
\n283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public
\naccounts.
\n284. Custody of suitors\u2019 deposits and other moneys received by public servants and courts.
\n285. Exemption of property of the Union from State taxation.
\n286. Restrictions as to imposition of tax on the sale or purchase of goods.
\n287. Exemption from taxes on electricity.
\n288. Exemption from taxation by States in respect of water or electricity in certain cases.
\n289. Exemption of property and income of a State from Union taxation.
\n290. Adjustment in respect of certain expenses and pensions.
\n290A. Annual payment to certain Devaswom Funds.
\n291. [Omitted .]
\nCHAPTER II.\uf0beBORROWING
\n292. Borrowing by the Government of India.
\n293. Borrowing by States.
\nCHAPTER III.\uf0be PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,
\nOBLIGATIONS AND SUITS
\n294. Succession to property, assets, rights, liabilities and obligations in certain cases.
\n295. Succession to property, assets, rights, liabilities and obligations in other cases.
\n296. Property accruing by escheat or laps or as bona vacantia.
\n297. Things of value within territorial waters or continental shelf and resources of the exclusive
\neconomic zone to vest in the Union.
\n298. Power to carry on trade, etc.
\n299. Contracts.
\n300. Suits and proceedings.
\nCHAPTER IV.\uf0be RIGHT TO PROPERTY
\n300A. Persons not to be deprived of property save by authority of law.
\nPART XIII
\nTRADE, COMMERCE AND INTERCOURSE WITHIN THE
\nTERRITORY OF INDIA
\n301. Freedom of trade, commerce and intercourse.
\n302. Power of Parliament to impose restrictions on trade, commerce and intercourse.
\n303. Restrictions on the legislative powers of the Union and of the States with regard to trade and
\ncommerce.
\n304. Restrictions on trade, commerce and intercourse among States.
\n305. Saving of existing laws and laws providing for State monopolies.
\n306. [Omitted .]
\n307. Appointment of authority for carrying out the purposes of articles 301 to 304.
\nPART XIV
\nSERVICES UNDER THE UNION AND THE STATES
\nCHAPTER I.\uf0be SERVICES
\n308. Interpretation.
\n309. Recruitment and conditions of service of persons serving the Union or a State.
\n310. Tenure of office of persons serving the Union or a State.
\n311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union
\nor a State.
\n312. All-India services.
\n17
\nARTICLES
\n312A. Power of Parliament to vary or revoke conditions of service of officers of certain services.
\n313. Transitional provisions.
\n314. [Omitted .]
\nCHAPTER II.\u2014PUBLIC SERVICE COMMISSIONS
\n315. Public Service Commissions for the Union and for the States.
\n316. Appointment and term of office of members.
\n317. Removal and suspension of a member of a Public Service Commission.
\n318. Power to make regulations as to conditions of service of members and staff of the Commission.
\n319. Prohibition as to the holding of offices by members of Commission on ceasing to be such
\nmembers.
\n320. Functions of Public Service Commissions.
\n321. Power to extend functions of Public Service Commissions.
\n322. Expenses of Public Service Commissions.
\n323. Reports of Public Service Commissions.
\nPART XIVA
\nTRIBUNALS
\n323A. Administrative tribunals.
\n323B. Tribunals for other matters.
\nPART XV
\nELECTIONS
\n324. Superintendence, direction and control of elections to be vested in an Election Commission.
\n325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on
\ngrounds of religion, race, caste or sex.
\n326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis
\nof adult suffrage.
\n327. Power of Parliament to make provision with respect to elections to Legislatures.
\n328. Power of Legislature of a State to make provision with respect to elections to such Legislature.
\n329. Bar to interference by courts in electoral matters.
\n329A. [Omitted .]
\nPART XVI
\nSPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
\n330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
\n331. Representation of the Anglo-Indian community in the House of the People.
\n332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of
\nthe States.
\n333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States.
\n334. Reservation of seats and special representation to cease after seventy years.
\n335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.
\n336. Special provision for Anglo-Indian community in certain services.
\n18
\nARTICLES
\n337. Special provision with respect to educational grants for the benefit of Anglo-Indian Community.
\n338. National Commission for Scheduled Castes.
\n338A. National Commission for Scheduled Tribes.
\n338B. National Commission for Backward Classes.
\n339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled
\nTribes.
\n340. Appointment of a Commission to investigate the conditions of backward classes.
\n341. Scheduled Castes.
\n342. Scheduled Tribes.
\n342A. Socially and educationally backward classes.
\nPART XVII
\nOFFICIAL LANGUAGE
\nCHAPTER I.\u2014LANGUAGE OF THE UNION
\n343. Official language of the Union.
\n344. Commission and Committee of Parliament on official language.
\nCHAPTER II.\uf0be REGIONAL LANGUAGES
\n345. Official language or languages of a State.
\n346. Official language for communication between one State and another or between a State and the
\nUnion.
\n347. Special provision relating to language spoken by a section of the population of a State.
\nCHAPTER III.\uf0beLANGUAGE OF THE SUPREME COURT,
\nHIGH COURTS, ETC.
\n348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
\n349. Special procedure for enactment of certain laws relating to language.
\nCHAPTER IV.\uf0beSPECIAL DIRECTIVES
\n350. Language to be used in representations for redress of grievances.
\n350A. Facilities for instruction in mother-tongue at primary stage.
\n350B. Special Officer for linguistic minorities.
\n351. Directive for development of the Hindi language.
\nPART XVIII
\nEMERGENCY PROVISIONS
\n352. Proclamation of Emergency.
\n353. Effect of Proclamation of Emergency.
\n354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency
\nis in operation.
\n355. Duty of the Union to protect States against external aggression and internal disturbance.
\n19
\n356. Provisions in case of failure of constitutional machinery in States.
\n357. Exercise of legislative powers under Proclamation issued under article 356.
\n358. Suspension of provisions of article 19 during emergencies.
\n359. Suspension of the enforcement of the rights conferred by Part III during emergencies.
\n359A. [Omitted.]
\n360. Provisions as to financial emergency.
\nPART XIX
\nMISCELLANEOUS
\nARTICLES
\n361. Protection of President and Governors and Rajpramukhs.
\n361A. Protection of publication of proceedings of Parliament and State Legislatures.
\n361B. Disqualification for appointment on remunerative political post.
\n362. [Omitted.]
\n363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
\n363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
\n364. Special provisions as to major ports and aerodromes.
\n365. Effect of failure to comply with, or to give effect to, directions given by the Union.
\n366. Definitions.
\n367. Interpretation.
\nPART XX
\nAMENDMENT OF THE CONSTITUTION
\n368. Power of Parliament to amend the Constitution and procedure therefor.
\nPART XXI
\nTEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
\n369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if
\nthey were matters in the Concurrent List.
\n370. Temporary provisions with respect to the State of Jammu and Kashmir.
\n371. Special provision with respect to the States of Maharashtra and Gujarat.
\n371A. Special provision with respect to the State of Nagaland.
\n371B. Special provision with respect to the State of Assam.
\n371C. Special provision with respect to the State of Manipur.
\n371D. Special provisions with respect to the State of Andhra Pradesh or the State of Telangana
\n371E. Establishment of Central University in Andhra Pradesh.
\n371F. Special provisions with respect to the State of Sikkim.
\n371G. Special provision with respect to the State of Mizoram.
\n371H. Special provision with respect to the State of Arunachal Pradesh.
\n371-I. Special provision with respect to the State of Goa.
\n371J. Special provisions with respect to the State of Karnataka.
\n372. Continuance in force of existing laws and their adaptation.
\n372A. Power of the President to adapt laws.
\n373. Power of President to make order in respect of persons under preventive detention in certain cases.
\n374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or
\nbefore His Majesty in Council.
\n375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
\n20
\n376. Provisions as to Judges of High Courts.
\n377. Provisions as to Comptroller and Auditor-General of India.
\n378. Provisions as to Public Service Commissions.
\n378A. Special provision as to duration of Andhra Pradesh Legislative Assembly.
\n379-391. [Omitted.]
\n392. Power of the President to remove difficulties.
\nPART XXII
\nSHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT
\nIN HINDI AND REPEALS
\nARTICLES
\n393. Short title.
\n394. Commencement.
\n394A. Authoritative text in the Hindi language.
\n395. Repeals.
\nSCHEDULES
\nFIRST SCHEDULE
\nI.\u2014 The States.
\nII.\u2014 The Union territories.
\nSECOND SCHEDULE
\nPART A\u2014 Provisions as to the President and the Governors of States.
\nPART B\u2014 [Omitted.]
\nPART C\u2014 Provisions as to the Speaker and the Deputy Speaker of the House of the People
\nand the Chairman and the Deputy Chairman of the Council of States and the
\nSpeaker and the Deputy Speaker of the Legislative Assembly and the Chairman
\nand the Deputy Chairman of the Legislative Council of a State.
\nPART D\u2014 Provisions as to the Judges of the Supreme Court and of the High Courts.
\nPART E\u2014 Provisions as to the Comptroller and Auditor-General of India.
\nTHIRD SCHEDULE\u2014 Forms of Oaths or Affirmations.
\nFOURTH SCHEDULE\u2014 Allocation of seats in the Council of States.
\nFIFTH SCHEDULE\u2014 Provisions as to the Administration and Control of Scheduled Areas and
\nScheduled Tribes.
\nPART A\u2014 General.
\nPART B\u2014Administration and Control of Scheduled Areas and Scheduled Tribes.
\nPART C\u2014 Scheduled Areas.
\nPART D\u2014 Amendment of the Schedule.
\nSIXTH SCHEDULE\u2014Provisions as to the Administration of Tribal Areas in the States of Assam,
\nMeghalaya, Tripura and Mizoram.
\nSEVENTH SCHEDULE\u2014
\nList I\u2014 Union List.
\nList II\u2014 State List.
\nList III\u2014 Concurrent List.
\nEIGHTH SCHEDULE\u2014 Languages.
\n21
\nNINTH SCHEDULE\u2014 Validation of certain Acts and Regulations.
\nTENTH SCHEDULE\u2014 Provisions as to disqualification on ground of defection.
\nELEVENTH SCHEDULE\u2014 Powers, authority and responsibilities of Panchayats.
\nTWELFTH SCHEDULE\u2014Powers, authority and responsibilities of Municipalities, etc.
\nAPPENDIX I\u2014 The Constitution (Application to Jammu and Kashmir) Order, 1954.
\nAPPENDIX II\u2014 Re-statement, with reference to the present text of the Constitution, of the
\nexceptions and modifications subject to which the Constitution applies to the
\nState of Jammu and Kashmir.
\nAPPENDIX III\u2014 Extracts from the Constitution (Forty-fourth Amendment) Act, 1978
\nAPPENDIX IV\u2014 The Constitution (Eighty-eighth Amendment) Act, 2003.
\nAPPENDIX V\u2014 The Constitution (One Hundredth Amendment) Act, 2015.
\n22
\nTHE CONSTITUTION OF INDIA
\nPREAMBLE
\nWE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a 1
\n[SOVEREIGN
\nSOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:
\nJUSTICE, social, economic and political;
\nLIBERTY of thought, expression, belief, faith and worship;
\nEQUALITY of status and of opportunity;
\nand to promote among them all
\nFRATERNITY assuring the dignity of the individual and the 2
\n[unity and integrity of the Nation];
\nIN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
\nADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.<\/p>\n
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 2 for \u201cSOVEREIGN DEMOCRATIC REPUBLIC\u201d (w.e.f.
\n3-1-1977).
\n2. Subs. by ibid, for \u201cunity of the Nation\u201d (w.e.f. 3-1-1977).
\n23
\nPART I
\nTHE UNION AND ITS TERRITORY
\n1. Name and territory of the Union.\u2014(1) India, that is Bharat, shall be a Union of States.
\n1
\n[(2) The States and the territories thereof shall be as specified in the First Schedule.]
\n(3) The territory of India shall comprise\u2014
\n(a) the territories of the States;
\n2
\n[(b) the Union territories specified in the First Schedule; and]
\n(c) such other territories as may be acquired.
\n2. Admission or establishment of new States.\u2014Parliament may by law admit into the Union, or
\nestablish, new States on such terms and conditions as it thinks fit.
\n32A. [Sikkim to be associated with the Union.] Omitted by the Constitution (Thirty-sixth Amendment)
\nAct, 1975, s. 5 (w.e.f. 26-4-1975).
\n3. Formation of new States and alteration of areas, boundaries or names of existing States.\u2014
\nParliament may by law\u2014
\n(a) form a new State by separation of territory from any State or by uniting two or more States or
\nparts of States or by uniting any territory to a part of any State;
\n(b) increase the area of any State;
\n(c) diminish the area of any State;
\n(d) alter the boundaries of any State;
\n(e) alter the name of any State:
\n4
\n[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the
\nrecommendation of the President and unless, where the proposal contained in the Bill affects the area,
\nboundaries or name of any of the States5
\n, the Bill has been referred by the President to the Legislature of
\nthat State for expressing its views thereon within such period as may be specified in the reference or within
\nsuch further period as the President may allow and the period so specified or allowed has expired.]
\n6
\n[Explanation I.\u2014In this article, in clauses (a) to (e), \u201cState\u201d includes a Union territory, but in the
\nproviso, \u201cState\u201d does not include a Union territory.
\nExplanation II.\u2014The power conferred on Parliament by clause (a) includes the power to form a new
\nState or Union territory by uniting a part of any State or Union territory to any other State or Union
\nterritory.]
\n4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth
\nSchedules and supplemental, incidental and consequential matters.\u2014(1) Any law referred to in article
\n2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule<\/p>\n
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2) (w.e.f. 1-11-1956).
\n2. Subs. by ibid., for sub-clause (b).
\n3. Ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 2 (w.e.f. 1-3-1975).
\n4. Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso (w.e.f. 24-12-1955).
\n5. The words and letter \u201cspecified in Part A or Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n6. Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2 (w.e.f. 27-8-1966).
\n24
\nas may be necessary to give effect to the provisions of the law and may also contain such supplemental,
\nincidental and consequential provisions (including provisions as to representation in Parliament and in the
\nLegislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
\n(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes
\nof article 368.
\nPART II
\nCITIZENSHIP
\n5. Citizenship at the commencement of the Constitution.\u2014At the commencement of this
\nConstitution, every person who has his domicile in the territory of India and\u2014
\n(a) who was born in the territory of India; or
\n(b) either of whose parents was born in the territory of India; or
\n(c) who has been ordinarily resident in the territory of India for not less than five years immediately
\npreceding such commencement,
\nshall be a citizen of India.
\n6. Rights of citizenship of certain persons who have migrated to India from Pakistan.\u2014
\nNotwithstanding anything in article 5, a person who has migrated to the territory of India from the territory
\nnow included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution
\nif\u2014
\n(a) he or either of his parents or any of his grand-parents was born in India as defined in the
\nGovernment of India Act, 1935 (as originally enacted); and
\n(b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he
\nhas been ordinarily resident in the territory of India since the date of his migration, or
\n(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he
\nhas been registered as a citizen of India by an officer appointed in that behalf by the Government of the
\nDominion of India on an application made by him therefor to such officer before the commencement
\nof this Constitution in the form and manner prescribed by that Government:
\nProvided that no person shall be so registered unless he has been resident in the territory of India
\nfor at least six months immediately preceding the date of his application.
\n7. Rights of citizenship of certain migrants to Pakistan.\u2014Notwithstanding anything in articles 5 and
\n6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory
\nnow included in Pakistan shall not be deemed to be a citizen of India:
\nProvided that nothing in this article shall apply to a person who, after having so migrated to the territory
\nnow included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent
\nreturn issued by or under the authority of any law and every such person shall for the purposes of clause
\n(b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
\n8. Rights of citizenship of certain persons of Indian origin residing outside India.\u2014
\nNotwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who
\nis ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if
\nhe has been registered as a citizen of India by the diplomatic or consular representative of India in the
\ncountry where he is for the time being residing on an application made by him therefor to such diplomatic
\nor consular representative, whether before or after the commencement of this Constitution, in the form and
\nmanner prescribed by the Government of the Dominion of India or the Government of India.
\n9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.\u2014 No person shall
\nbe a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or
\narticle 8, if he has voluntarily acquired the citizenship of any foreign State.
\n25
\n10. Continuance of the rights of citizenship.\u2014Every person who is or is deemed to be a citizen of
\nIndia under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may
\nbe made by Parliament, continue to be such citizen.
\n11. Parliament to regulate the right of citizenship by law.\u2014Nothing in the foregoing provisions of
\nthis Part shall derogate from the power of Parliament to make any provision with respect to the acquisition
\nand termination of citizenship and all other matters relating to citizenship.
\nPART III
\nFUNDAMENTAL RIGHTS
\nGeneral
\n12. Definition.\u2014In this Part, unless the context otherwise requires, \u201cthe State\u201d includes the
\nGovernment and Parliament of India and the Government and the Legislature of each of the States and all
\nlocal or other authorities within the territory of India or under the control of the Government of India.
\n13. Laws inconsistent with or in derogation of the fundamental rights.\u2014(1) All laws in force in the
\nterritory of India immediately before the commencement of this Constitution, in so far as they are
\ninconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
\n(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and
\nany law made in contravention of this clause shall, to the extent of the contravention, be void.
\n(3) In this article, unless the context otherwise requires,\u2014
\n(a) \u201claw\u201d includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage
\nhaving in the territory of India the force of law;
\n(b) \u201claws in force\u201d includes laws passed or made by a Legislature or other competent authority in
\nthe territory of India before the commencement of this Constitution and not previously repealed,
\nnotwithstanding that any such law or any part thereof may not be then in operation either at all or in
\nparticular areas.
\n1
\n[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.]
\nRight to Equality
\n14. Equality before law.\u2014The State shall not deny to any person equality before the law or the equal
\nprotection of the laws within the territory of India.
\n15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.\u2014(1)
\nThe State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of
\nbirth or any of them.
\n(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be
\nsubject to any disability, liability, restriction or condition with regard to\u2014
\n(a) access to shops, public restaurants, hotels and places of public entertainment; or
\n(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or
\npartly out of State funds or dedicated to the use of the general public.
\n(3) Nothing in this article shall prevent the State from making any special provision for women and
\nchildren.
\n2
\n[(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special
\nprovision for the advancement of any socially and educationally backward classes of citizens or for the
\nScheduled Castes and the Scheduled Tribes.]<\/p>\n
1. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2 (w.e.f. 5-11-1971).
\n2. Ins. by the Constitution (First Amendment) Act, 1951, s. 2 (w.e.f. 18-6-1951).
\n26
\n1
\n[(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from
\nmaking any special provision, by law, for the advancement of any socially and educationally backward
\nclasses of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions
\nrelate to their admission to educational institutions including private educational institutions, whether aided
\nor unaided by the State, other than the minority educational institutions referred to in clause (1) of article
\n30.]
\n2
\n[(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall
\nprevent the State from making,\u2014
\n(a) any special provision for the advancement of any economically weaker sections of citizens other
\nthan the classes mentioned in clauses (4) and (5); and
\n(b) any special provision for the advancement of any economically weaker sections of citizens other
\nthan the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission
\nto educational institutions including private educational institutions, whether aided or unaided by the State,
\nother than the minority educational institutions referred to in clause (1) of article 30, which in the case of
\nreservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of
\nthe total seats in each category.
\nExplanation.\u2014 For the purposes of this article and article 16, “economically weaker sections” shall be
\nsuch as may be notified by the State from time to time on the basis of family income and other indicators
\nof economic disadvantage.]
\n16. Equality of opportunity in matters of public employment.\u2014(1) There shall be equality of
\nopportunity for all citizens in matters relating to employment or appointment to any office under the State.
\n(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any
\nof them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
\n(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a
\nclass or classes of employment or appointment to an office 3
\n[under the Government of, or any local or other
\nauthority within, a State or Union territory, any requirement as to residence within that State or Union
\nterritory] prior to such employment or appointment.
\n(4) Nothing in this article shall prevent the State from making any provision for the reservation of
\nappointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not
\nadequately represented in the services under the State.
\n4
\n[(4A) Nothing in this article shall prevent the State from making any provision for reservation 5
\n[in
\nmatters of promotion, with consequential seniority, to any class] or classes of posts in the services under
\nthe State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are
\nnot adequately represented in the services under the State.]
\n6
\n[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year
\nwhich are reserved for being filled up in that year in accordance with any provision for reservation made
\nunder clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or
\nyears and such class of vacancies shall not be considered together with the vacancies of the year in which
\nthey are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies
\nof that year.]
\n(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an<\/p>\n
1. Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f. 20-1-2006).
\n2. Ins. by the Constitution (One Hundred and Third Amendment) Act, 2019, s. 2 (w.e.f. 14-1-2019).
\n3. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for \u201cunder any State specified in the First Schedule
\nor any local or other authority within its territory, any requirement as to residence within that state.\u201d (w.e.f. 1-11-1956).
\n4. Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2 (w.e.f. 17-6-1995).
\n5. Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2 for certain words (retrospectively w.e.f. 17-6-1995).
\n6. Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).
\n27
\noffice in connection with the affairs of any religious or denominational institution or any member of the
\ngoverning body thereof shall be a person professing a particular religion or belonging to a particular
\ndenomination.
\n1
\n[(6) Nothing in this article shall prevent the State from making any provision for the reservation of
\nappointments or posts in favour of any economically weaker sections of citizens other than the classes
\nmentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent.
\nof the posts in each category.]
\n17. Abolition of Untouchability.\u2014\u201cUntouchability\u201d is abolished and its practice in any form is
\nforbidden. The enforcement of any disability arising out of \u201cUntouchability\u201d shall be an offence punishable
\nin accordance with law.
\n18. Abolition of titles.\u2014(1) No title, not being a military or academic distinction, shall be conferred
\nby the State.
\n(2) No citizen of India shall accept any title from any foreign State.
\n(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the
\nState, accept without the consent of the President any title from any foreign State.
\n(4) No person holding any office of profit or trust under the State shall, without the consent of the
\nPresident, accept any present, emolument, or office of any kind from or under any foreign State.
\nRight to Freedom
\n19. Protection of certain rights regarding freedom of speech, etc.\u2014(1) All citizens shall have the
\nright\u2014
\n(a) to freedom of speech and expression;
\n(b) to assemble peaceably and without arms;
\n(c) to form associations or unions 2
\n[or co-operative societies];
\n(d) to move freely throughout the territory of India;
\n(e) to reside and settle in any part of the territory of India; 3
\n[and]
\n4* * * * *
\n(g) to practise any profession, or to carry on any occupation, trade or business.
\n5
\n[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent
\nthe State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the
\nright conferred by the said sub-clause in the interests of 6
\n[the sovereignty and integrity of India,] the security
\nof the State, friendly relations with foreign States, public order, decency or morality, or in relation to
\ncontempt of court, defamation or incitement to an offence.]
\n(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far
\nas it imposes, or prevent the State from making any law imposing, in the interests of 6
\n[the sovereignty and
\nintegrity of India or] public order, reasonable restrictions on the exercise of the right conferred by the said
\nsub-clause.<\/p>\n
1. Ins. by the Constitution (One Hundred and Third Amendment) Act, 2019, s. 3 (w.e.f. 14-1-2019).
\n2. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 2 (w.e.f. 12-1-2012).
\n3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979).
\n4. Sub-clause (f) omitted by ibid.
\n5. Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for cl. (2) (with retrospective effect).
\n6. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).
\n28
\n(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far
\nas it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and
\nintegrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred
\nby the said sub-clause.
\n(5) Nothing in 1
\n[sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law
\nin so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the
\nexercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or
\nfor the protection of the interests of any Scheduled Tribe.
\n(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far
\nas it imposes, or prevent the State from making any law imposing, in the interests of the general public,
\nreasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular,
\n2
\n[nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or
\nprevent the State from making any law relating to,\u2014
\n(i) the professional or technical qualifications necessary for practising any profession or carrying
\non any occupation, trade or business, or
\n(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade,
\nbusiness, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise].
\n20. Protection in respect of conviction for offences.\u2014(1) No person shall be convicted of any offence
\nexcept for violation of a law in force at the time of the commission of the Act charged as an offence, nor
\nbe subjected to a penalty greater than that which might have been inflicted under the law in force at the
\ntime of the commission of the offence.
\n(2) No person shall be prosecuted and punished for the same offence more than once.
\n(3) No person accused of any offence shall be compelled to be a witness against himself.
\n21. Protection of life and personal liberty.\u2014No person shall be deprived of his life or personal liberty
\nexcept according to procedure established by law.
\n3
\n[21A. Right to education.\u2014The State shall provide free and compulsory education to all children of
\nthe age of six to fourteen years in such manner as the State may, by law, determine.]
\n22. Protection against arrest and detention in certain cases.\u2014(1) No person who is arrested shall
\nbe detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall
\nhe be denied the right to consult, and to be defended by, a legal practitioner of his choice.
\n(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate
\nwithin a period of twenty-four hours of such arrest excluding the time necessary for the journey from the
\nplace of arrest to the court of the magistrate and no such person shall be detained in custody beyond the
\nsaid period without the authority of a magistrate.
\n(3) Nothing in clauses (1) and (2) shall apply\u2014
\n(a) to any person who for the time being is an enemy alien; or
\n(b) to any person who is arrested or detained under any law providing for preventive detention.
\n\uf02a
\n(4) No law providing for preventive detention shall authorise the detention of a person for a longer
\nperiod than three months unless\u2014<\/p>\n
1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 for \u201csub-clauses (d), (e) and (f)\u201d (w.e.f. 20-6-1979).
\n2. Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words (w.e.f. 18-6-1951).
\n3. Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 2 (w.e.f. 1-4-2010).
\n\uf02a On the commencement of s. 3 of the Constitution (Forty-fourth Amendment) Act, 1978, clause (4) of art. 22 shall stand amended
\nas directed in s. 3 of that Act. For the text of s. 3 of that Act, see Appendix III. (date yet to be notified).
\n29
\n(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed
\nas, Judges of a High Court has reported before the expiration of the said period of three months that
\nthere is in its opinion sufficient cause for such detention:
\nProvided that nothing in this sub-clause shall authorise the detention of any person beyond the
\nmaximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or
\n(b) such person is detained in accordance with the provisions of any law made by Parliament under
\nsub-clauses (a) and (b) of clause (7).
\n(5) When any person is detained in pursuance of an order made under any law providing for preventive
\ndetention, the authority making the order shall, as soon as may be, communicate to such person the grounds
\non which the order has been made and shall afford him the earliest opportunity of making a representation
\nagainst the order.
\n(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause
\nto disclose facts which such authority considers to be against the public interest to disclose.
\n(7) Parliament may by law prescribe\u2014
\n\uf02a
\n[(a) the circumstances under which, and the class or classes of cases in which, a person may be
\ndetained for a period longer than three months under any law providing for preventive detention without
\nobtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of
\nclause (4)];
\n*\uf02a
\n(b) the maximum period for which any person may in any class or classes of cases be detained
\nunder any law providing for preventive detention; and
\n***(c) the procedure to be followed by an Advisory Board in an inquiry under **\uf02a\uf02a
\n[sub-clause (a) of
\nclause (4)].
\nRight against Exploitation
\n23.Prohibition of traffic in human beings and forced labour.\u2014(1) Traffic in human beings and
\nbegar and other similar forms of forced labour are prohibited and any contravention of this provision shall
\nbe an offence punishable in accordance with law.
\n(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes,
\nand in imposing such service the State shall not make any discrimination on grounds only of religion, race,
\ncaste or class or any of them.
\n24. Prohibition of employment of children in factories, etc.\u2014No child below the age of fourteen
\nyears shall be employed to work in any factory or mine or engaged in any other hazardous employment.
\nRight to Freedom of Religion
\n25. Freedom of conscience and free profession, practice and propagation of religion.\u2014(1) Subject
\nto public order, morality and health and to the other provisions of this Part, all persons are equally entitled
\nto freedom of conscience and the right freely to profess, practise and propagate religion.
\n(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making
\nany law\u2014
\n(a) regulating or restricting any economic, financial, political or other secular activity which may
\nbe associated with religious practice;<\/p>\n
*Sub-clause (a) shall stand omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (date yet to be notified).
\n\uf02a\uf02a Sub-clause (b) shall stand re-lettered as sub-clause (a) by ibid. (date yet to be notified).
\n*** Sub-clause (c) shall stand re-lettered as sub-clause (b) by ibid. (date yet to be notified).
\n**** The words, letters, figures and brackets shall stand substituted as \u201cclause (4)\u201d by ibid. (date yet to be notified).
\n30
\n(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of
\na public character to all classes and sections of Hindus.
\nExplanation I.\u2014The wearing and carrying of kirpans shall be deemed to be included in the profession
\nof the Sikh religion.
\nExplanation II.\u2014In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including
\na reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious
\ninstitutions shall be construed accordingly.
\n26. Freedom to manage religious affairs.\u2014Subject to public order, morality and health, every
\nreligious denomination or any section thereof shall have the right\u2014
\n(a) to establish and maintain institutions for religious and charitable purposes;
\n(b) to manage its own affairs in matters of religion;
\n(c) to own and acquire movable and immovable property; and
\n(d) to administer such property in accordance with law.
\n27. Freedom as to payment of taxes for promotion of any particular religion.\u2014No person shall be
\ncompelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for
\nthe promotion or maintenance of any particular religion or religious denomination.
\n28. Freedom as to attendance at religious instruction or religious worship in certain educational
\ninstitutions.\u2014(1) No religious instruction shall be provided in any educational institution wholly
\nmaintained out of State funds.
\n(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but
\nhas been established under any endowment or trust which requires that religious instruction shall be
\nimparted in such institution.
\n(3) No person attending any educational institution recognised by the State or receiving aid out of State
\nfunds shall be required to take part in any religious instruction that may be imparted in such institution or
\nto attend any religious worship that may be conducted in such institution or in any premises attached thereto
\nunless such person or, if such person is a minor, his guardian has given his consent thereto.
\nCultural and Educational Rights
\n29. Protection of interests of minorities.\u2014(1) Any section of the citizens residing in the territory of
\nIndia or any part thereof having a distinct language, script or culture of its own shall have the right to
\nconserve the same.
\n(2) No citizen shall be denied admission into any educational institution maintained by the State or
\nreceiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
\n30. Right of minorities to establish and administer educational institutions.\u2014(1) All minorities,
\nwhether based on religion or language, shall have the right to establish and administer educational
\ninstitutions of their choice.
\n1
\n[(1A) In making any law providing for the compulsory acquisition of any property of an educational
\ninstitution established and administered by a minority, referred to in clause (1), the State shall ensure that
\nthe amount fixed by or determined under such law for the acquisition of such property is such as would not
\nrestrict or abrogate the right guaranteed under that clause.]
\n(2) The State shall not, in granting aid to educational institutions, discriminate against any educational<\/p>\n
1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f. 19-6-1979).
\n31
\ninstitution on the ground that it is under the management of a minority, whether based on religion or
\nlanguage.
\n1* * * * *
\n31. [Compulsory acquisition of property.]\u2014 Omitted by the Constitution (Forty-fourth Amendment)
\nAct, 1978, s. 6 (w.e.f. 20-6-1979).
\n2
\n[Saving of Certain Laws]
\n3
\n[31A. Saving of laws providing for acquisition of estates, etc.\u20144
\n[(1) Notwithstanding anything
\ncontained in article 13, no law providing for\u2014
\n(a) the acquisition by the State of any estate or of any rights therein or the extinguishment or
\nmodification of any such rights, or
\n(b) the taking over of the management of any property by the State for a limited period either in the
\npublic interest or in order to secure the proper management of the property, or
\n(c) the amalgamation of two or more corporations either in the public interest or in order to secure
\nthe proper management of any of the corporations, or
\n(d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers,
\nmanaging directors, directors or managers of corporations, or of any voting rights of shareholders
\nthereof, or
\n(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or
\nlicence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature
\ntermination or cancellation of any such agreement, lease or licence,
\nshall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the
\nrights conferred by 5
\n[article 14 or article 19]:
\nProvided that where such law is a law made by the Legislature of a State, the provisions of this article
\nshall not apply thereto unless such law, having been reserved for the consideration of the President, has
\nreceived his assent:]
\n6
\n[Provided further that where any law makes any provision for the acquisition by the State of any estate
\nand where any land comprised therein is held by a person under his personal cultivation, it shall not be
\nlawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under
\nany law for the time being in force or any building or structure standing thereon or appurtenant thereto,
\nunless the law relating to the acquisition of such land, building or structure, provides for payment of
\ncompensation at a rate which shall not be less than the market value thereof.]
\n(2) In this article,\u2014
\n7
\n[(a) the expression \u201cestate\u201d shall, in relation to any local area, have the same meaning as that
\nexpression or its local equivalent has in the existing law relating to land tenures in force in that area and
\nshall also include\u2014<\/p>\n
1. The sub-heading \u201cRight to Property\u201d omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 5 (w.e.f. 20-6-1979).
\n2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977).
\n3. Ins. by the Constitution (First Amendment) Act, 1951, s. 4 (with retrospective effect).
\n4. Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl. (1) (with retrospective effect).
\n5. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7 for \u201carticle 14, article 19 or article 31\u201d (w.e.f. 20-6-1979).
\n6. Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 2 (w.e.f. 20-6-1964).
\n7. Subs. by ibid., for sub-clause (a) (with retrospective effect).
\n32
\n(i) any jagir, inam or muafi or other similar grant and in the States of 1
\n[Tamil Nadu] and Kerala,
\nany janmam right;
\n(ii) any land held under ryotwari settlement;
\n(iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including
\nwaste land, forest land, land for pasture or sites of buildings and other structures occupied by
\ncultivators of land, agricultural labourers and village artisans;]
\n(b) the expression \u201crights\u201d, in relation to an estate, shall include any rights vesting in a proprietor,
\nsub-proprietor, under-proprietor, tenure-holder, 2
\n[raiyat, under-raiyat]or other intermediary and any
\nrights or privileges in respect of land revenue.]
\n3
\n[31B. Validation of certain Acts and Regulations.\u2014Without prejudice to the generality of the
\nprovisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor
\nany of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that
\nsuch Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred
\nby, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal
\nto the contrary, each of the said Acts and Regulations shall, subject to the power of any competent
\nLegislature to repeal or amend it, continue in force.]
\n4
\n[31C. Saving of laws giving effect to certain directive principles.\u2014Notwithstanding anything
\ncontained in article 13, no law giving effect to the policy of the State towards securing 5
\n[all or any of the
\nprinciples laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or
\ntakes away or abridges any of the rights conferred by 6
\n[article 14 or article 19]; 7
\n[and no law containing a
\ndeclaration that it is for giving effect to such policy shall be called in question in any court on the ground
\nthat it does not give effect to such policy]:
\nProvided that where such law is made by the Legislature of a State, the provisions of this article shall
\nnot apply thereto unless such law, having been reserved for the consideration of the President, has received
\nhis assent.]
\n831D. [Saving of laws in respect of anti-national activities.].\u2013Omitted by the Constitution (Forty-third
\nAmendment) Act, 1977, s. 2 (w.e.f. 13-4-1978).
\nRight to Constitutional Remedies
\n32. Remedies for enforcement of rights conferred by this Part.\u2014(1) The right to move the Supreme
\nCourt by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
\n(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the
\nnature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be
\nappropriate, for the enforcement of any of the rights conferred by this Part.
\n(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament<\/p>\n
1. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for \u201cMadras\u201d (w.e.f. 14-1-1969)
\n2. Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 3 (with retrospective effect).
\n3. Ins. by the Constitution (First Amendment) Act, 1951, s. 5 (w.e.f. 18-6-1951).
\n4. Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3. (w.e.f. 20-4-1972).
\n5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for \u201cthe principles specified in clause (b) or clause (c) of
\narticle 39\u201d (w.e.f. 3-1-1977). Section 4 has been declared invalid by the Supreme Court in Minerva Mills Ltd. and others Vs.
\nUnion of India and others (1980) s. 2, AIR 1980 SC 1789.
\n6. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 8 for \u201carticle 14, article 19 or article 31\u201d (w.e.f. 20-6-1979).
\n7. In Kesavananda Bharati Vs. the State of Kerala (1973). AIR 1973 SC 1461, the Supreme Court had held the provisions in italics
\nto be invalid.
\n8. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 5 (w.e.f. 3-1-1977).
\n33
\nmay by law empower any other court to exercise within the local limits of its jurisdiction all or any of the
\npowers exercisable by the Supreme Court under clause (2).
\n(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this
\nConstitution.
\n1
\n[32A. Constitutional validity of State laws not to be considered in proceedings under article 32.].\u2013
\nOmitted by the Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).
\n2
\n[33. Power of Parliament to modify the rights conferred by this Part in their application to Forces,
\netc.\u2014Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their
\napplication to,\u2014
\n(a) the members of the Armed Forces; or
\n(b) the members of the Forces charged with the maintenance of public order; or
\n(c) persons employed in any bureau or other organisation established by the State for purposes of
\nintelligence or counter intelligence; or
\n(d) person employed in, or in connection with, the telecommunication systems set up for the
\npurposes of any Force, bureau or organisation referred to in clauses (a) to (c),
\nbe restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of
\ndiscipline among them.]
\n34. Restriction on rights conferred by this Part while martial law is in force in any area.\u2014
\nNotwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any
\nperson in the service of the Union or of a State or any other person in respect of any act done by him in
\nconnection with the maintenance or restoration of order in any area within the territory of India where
\nmartial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other
\nact done under martial law in such area.
\n35. Legislation to give effect to the provisions of this Part.\u2014Notwithstanding anything in this
\nConstitution,\u2014
\n(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws\u2014
\n(i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article
\n32, article 33 and article 34 may be provided for by law made by Parliament; and
\n(ii) for prescribing punishment for those acts which are declared to be offences under this Part,
\nand Parliament shall, as soon as may be after the commencement of this Constitution, make laws for
\nprescribing punishment for the acts referred to in sub-clause (ii);
\n(b) any law in force immediately before the commencement of this Constitution in the territory of
\nIndia with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for
\npunishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and
\nto any adaptations and modifications that may be made therein under article 372, continue in force until
\naltered or repealed or amended by Parliament.
\nExplanation.\u2014In this article, the expression \u201claw in force\u201d has the same meaning as in article 372.<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 6 (w.e.f. 1-2-1977).
\n2. Subs. by the Constitution (Fiftieth Amendment) Act, 1984, s. 2 (w.e.f 11-9-1984).
\n34
\nPART IV
\nDIRECTIVE PRINCIPLES OF STATE POLICY
\n36. Definition.\u2014In this Part, unless the context otherwise requires, \u201cthe State\u201d has the same meaning
\nas in Part III.
\n37. Application of the principles contained in this Part.\u2014The provisions contained in this Part shall
\nnot be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the
\ngovernance of the country and it shall be the duty of the State to apply these principles in making laws.
\n38. State to secure a social order for the promotion of welfare of the people.\u20141
\n[(1)] The State shall
\nstrive to promote the welfare of the people by securing and protecting as effectively as it may a social order
\nin which justice, social, economic and political, shall inform all the institutions of the national life.
\n2
\n[(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to
\neliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst
\ngroups of people residing in different areas or engaged in different vocations.]
\n39. Certain principles of policy to be followed by the State.\u2014The State shall, in particular, direct its
\npolicy towards securing\u2014
\n(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
\n(b) that the ownership and control of the material resources of the community are so distributed as
\nbest to subserve the common good;
\n(c) that the operation of the economic system does not result in the concentration of wealth and
\nmeans of production to the common detriment;
\n(d) that there is equal pay for equal work for both men and women;
\n(e) that the health and strength of workers, men and women, and the tender age of children are not
\nabused and that citizens are not forced by economic necessity to enter avocations unsuited to their age
\nor strength;
\n3
\n[(f) that children are given opportunities and facilities to develop in a healthy manner and in
\nconditions of freedom and dignity and that childhood and youth are protected against exploitation and
\nagainst moral and material abandonment.]
\n4
\n[39A. Equal justice and free legal aid.\u2014The State shall secure that the operation of the legal system
\npromotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable
\nlegislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied
\nto any citizen by reason of economic or other disabilities.]
\n40. Organisation of village panchayats.\u2014The State shall take steps to organise village panchayats<\/p>\n
1. Art. 38 renumbered as cl. (1) thereof by the Constitution (Forty-fourth Amendment) Act, 1978, s. 9 (w.e.f. 20-6-1979).
\n2. Ins. by ibid.
\n3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl. (f) (w.e.f. 3-1-1977).
\n4. Ins. by s. 8 ibid.
\n35
\nand endow them with such powers and authority as may be necessary to enable them to function as units of
\nself-government.
\n41. Right to work, to education and to public assistance in certain cases.\u2014The State shall, within
\nthe limits of its economic capacity and development, make effective provision for securing the right to
\nwork, to education and to public assistance in cases of unemployment, old age, sickness and disablement,
\nand in other cases of undeserved want.
\n42. Provision for just and humane conditions of work and maternity relief.\u2014The State shall make
\nprovision for securing just and humane conditions of work and for maternity relief.
\n43. Living wage, etc., for workers.\u2014The State shall endeavour to secure, by suitable legislation or
\neconomic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a
\nliving wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social
\nand cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an
\nindividual or co-operative basis in rural areas.
\n1
\n[43A. Participation of workers in management of industries.\u2014The State shall take steps, by
\nsuitable legislation or in any other way, to secure the participation of workers in the management of
\nundertakings, establishments or other organisations engaged in any industry.]
\n2
\n[43B. Promotion of co-operative societies.\u2014The State shall endeavour to promote voluntary
\nformation, autonomous functioning, democratic control and professional management of co-operative
\nsocieties.]
\n44.Uniform civil code for the citizens.\u2014The State shall endeavour to secure for the citizens a uniform
\ncivil code throughout the territory of India.
\n3
\n[45. Provision for early childhood care and education to children below the age of six years.\u2014
\nThe State shall endeavour to provide early childhood care and education for all children until they complete
\nthe age of six years.]
\n46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and
\nother weaker sections.\u2014The State shall promote with special care the educational and economic interests
\nof the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes,
\nand shall protect them from social injustice and all forms of exploitation.
\n47. Duty of the State to raise the level of nutrition and the standard of living and to improve
\npublic health.\u2014The State shall regard the raising of the level of nutrition and the standard of living of its
\npeople and the improvement of public health as among its primary duties and, in particular, the State shall
\nendeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating
\ndrinks and of drugs which are injurious to health.
\n48. Organisation of agriculture and animal husbandry.\u2014The State shall endeavour to organise
\nagriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for
\npreserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and
\ndraught cattle.<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 9 (w.e.f. 3-1-1977).
\n2. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 3 (w.e.f. 15-2-2012).
\n3. Subs. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 3 for art. 45 (w.e.f 1-4-2010).
\n36
\n1
\n[48A. Protection and improvement of environment and safeguarding of forests and wild life.\u2014
\nThe State shall endeavour to protect and improve the environment and to safeguard the forests and wild life
\nof the country.]
\n49. Protection of monuments and places and objects of national importance.\u2014It shall be the
\nobligation of the State to protect every monument or place or object of artistic or historic interest, 2
\n[declared
\nby or under law made by Parliament] to be of national importance, from spoliation, disfigurement,
\ndestruction, removal, disposal or export, as the case may be.
\n50. Separation of judiciary from executive.\u2014The State shall take steps to separate the judiciary from
\nthe executive in the public services of the State.
\n51. Promotion of international peace and security.\u2014The State shall endeavour to\u2014
\n(a) promote international peace and security;
\n(b) maintain just and honourable relations between nations;
\n(c) foster respect for international law and treaty obligations in the dealings of organised peoples
\nwith one another; and
\n(d) encourage settlement of international disputes by arbitration.
\n3
\n[PART IVA
\nFUNDAMENTAL DUTIES
\n51A. Fundamental duties.\u2014It shall be the duty of every citizen of India\u2014
\n(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the
\nNational Anthem;
\n(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
\n(c) to uphold and protect the sovereignty, unity and integrity of India;
\n(d) to defend the country and render national service when called upon to do so;
\n(e) to promote harmony and the spirit of common brotherhood amongst all the people of India
\ntranscending religious, linguistic and regional or sectional diversities; to renounce practices derogatory
\nto the dignity of women;
\n(f) to value and preserve the rich heritage of our composite culture;
\n(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and
\nto have compassion for living creatures;
\n(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 10 (w.e.f. 3-1-1977).
\n2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for \u201cdeclared by parliament by law\u201d (w.e.f. 1-11-1956).
\n3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 11 (w.e.f. 3-1-1977).
\n37
\n(i) to safeguard public property and to abjure violence;
\n(j) to strive towards excellence in all spheres of individual and collective activity so that the nation
\nconstantly rises to higher levels of endeavour and achievement;
\n1
\n[(k) who is a parent or guardian to provide opportunities for education to his child or, as the case
\nmay be, ward between the age of six and fourteen years.]
\nPART V
\nTHE UNION
\nCHAPTER I.\u2014THE EXECUTIVE
\nThe President and Vice-President
\n52. The President of India.\u2014There shall be a President of India.
\n53. Executive power of the Union.\u2014(1) The executive power of the Union shall be vested in the President
\nand shall be exercised by him either directly or through officers subordinate to him in accordance with this
\nConstitution.
\n(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence
\nForces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.
\n(3) Nothing in this article shall\u2014
\n(a) be deemed to transfer to the President any functions conferred by any existing law on the
\nGovernment of any State or other authority; or
\n(b) prevent Parliament from conferring by law functions on authorities other than the President.
\n54. Election of President.\u2014The President shall be elected by the members of an electoral college
\nconsisting of\u2014
\n(a) the elected members of both Houses of Parliament; and
\n(b) the elected members of the Legislative Assemblies of the States.
\n2
\n[Explanation.\u2014In this article and in article 55, \u201cState\u201d includes the National Capital Territory of
\nDelhi and the Union territory of *Pondicherry.]
\n55. Manner of election of President.\u2014(1) As far as practicable, there shall be uniformity in the scale
\nof representation of the different States at the election of the President.
\n(2) For the purpose of securing such uniformity among the States inter se as well as parity between the
\nStates as a whole and the Union, the number of votes which each elected member of Parliament and of the
\nLegislative Assembly of each State is entitled to cast at such election shall be determined in the following
\nmanner:\u2014
\n(a) every elected member of the Legislative Assembly of a State shall have as many votes as there
\nare multiples of one thousand in the quotient obtained by dividing the population of the State by the
\ntotal number of the elected members of the Assembly;<\/p>\n
1. Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 4 (w.e.f. 1-4-2010).
\n2. Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1995).
\n* Now Puducherry vide the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 3 (w.e.f. 1-10-2006).
\n38
\n(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred,
\nthen the vote of each member referred to in sub-clause (a) shall be further increased by one;
\n(c) each elected member of either House of Parliament shall have such number of votes as may be
\nobtained by dividing the total number of votes assigned to the members of the Legislative Assemblies
\nof the States under sub-clauses (a) and (b)by the total number of the elected members of both Houses
\nof Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.
\n(3) The election of the President shall be held in accordance with the system of proportional
\nrepresentation by means of the single transferable vote and the voting at such election shall be by secret
\nballot.
\n1
\n[Explanation.\u2014In this article, the expression \u201cpopulation\u201d means the population as ascertained at the
\nlast preceding census of which the relevant figures have been published:
\nProvided that the reference in this Explanation to the last preceding census of which the relevant figures
\nhave been published shall, until the relevant figures for the first census taken after the year 2
\n[2026 have
\nbeen published, be construed as a reference to the 1971 census.]
\n56. Term of office of President.\u2014(1) The President shall hold office for a term of five years from the
\ndate on which he enters upon his office:
\nProvided that\u2014
\n(a) the President may, by writing under his hand addressed to the Vice-President, resign his office;
\n(b) the President may, for violation of the Constitution, be removed from office by impeachment
\nin the manner provided in article 61;
\n(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his
\nsuccessor enters upon his office.
\n(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall
\nforthwith be communicated by him to the Speaker of the House of the People.
\n57. Eligibility for re-election.\u2014A person who holds, or who has held, office as President shall, subject
\nto the other provisions of this Constitution, be eligible for re-election to that office.
\n58. Qualifications for election as President.\u2014(1) No person shall be eligible for election as President
\nunless he\u2014
\n(a) is a citizen of India,
\n(b) has completed the age of thirty-five years, and
\n(c) is qualified for election as a member of the House of the People.
\n(2) A person shall not be eligible for election as President if he holds any office of profit under the
\nGovernment of India or the Government of any State or under any local or other authority subject to the
\ncontrol of any of the said Governments.
\nExplanation.\u2014For the purposes of this article, a person shall not be deemed to hold any office of profit
\nby reason only that he is the President or Vice-President of the Union or the Governor3*** of any State or
\nis a Minister either for the Union or for any State.<\/p>\n
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 12, for the Explanation (w.e.f. 3-1-1977).
\n2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for 2000 (w.e.f. 21-2-2002).
\n3. The words \u201cor Rajpramukh or Uparajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
\n(w.e.f. 1-11-1956).
\n39
\n59. Conditions of President’s office.\u2014(1) The President shall not be a member of either House of
\nParliament or of a House of the Legislature of any State, and if a member of either House of Parliament or
\nof a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat
\nin that House on the date on which he enters upon his office as President.
\n(2) The President shall not hold any other office of profit.
\n(3) The President shall be entitled without payment of rent to the use of his official residences and shall
\nbe also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law
\nand, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified
\nin the Second Schedule.
\n(4) The emoluments and allowances of the President shall not be diminished during his term of office.
\n60. Oath or affirmation by the President.\u2014Every President and every person acting as President or
\ndischarging the functions of the President shall, before entering upon his office, make and subscribe in the
\npresence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court
\navailable, an oath or affirmation in the following form, that is to say\u2014
\n\u201cI, A.B., do swear in the name of God that I will faithfully execute the office
\nsolemnly affirm
\nof President (or discharge the functions of the President) of India and will to the best of my ability preserve,
\nprotect and defend the Constitution and the law and that I will devote myself to the service and wellbeing of the people of India.”.
\n61. Procedure for impeachment of the President.\u2014(1) When a President is to be impeached for
\nviolation of the Constitution, the charge shall be preferred by either House of Parliament.
\n(2) No such charge shall be preferred unless\u2014
\n(a) the proposal to prefer such charge is contained in a resolution which has been moved after at
\nleast fourteen days’ notice in writing signed by not less than one-fourth of the total number of members
\nof the House has been given of their intention to move the resolution, and
\n(b) such resolution has been passed by a majority of not less than two-thirds of the total membership
\nof the House.
\n(3) When a charge has been so preferred by either House of Parliament, the other House shall
\ninvestigate the charge or cause the charge to be investigated and the President shall have the right to appear
\nand to be represented at such investigation.
\n(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of
\nthe total membership of the House by which the charge was investigated or caused to be investigated,
\ndeclaring that the charge preferred against the President has been sustained, such resolution shall have the
\neffect of removing the President from his office as from the date on which the resolution is so passed.
\n62. Time of holding election to fill vacancy in the office of President and the term of office of
\nperson elected to fill casual vacancy.\u2014(1) An election to fill a vacancy caused by the expiration of the
\nterm of office of President shall be completed before the expiration of the term.
\n(2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation
\nor removal, or otherwise shall be held as soon as possible after, and in no case later than six months from,
\nthe date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the
\nprovisions of article 56, be entitled to hold office for the full term of five years from the date on which he
\n40
\nenters upon his office.
\n63. The Vice-President of India.\u2014There shall be a Vice-President of India.
\n64. The Vice-President to be ex officio Chairman of the Council of States.\u2014The Vice-President
\nshall be ex officio Chairman of the Council of the States and shall not hold any other office of profit:
\nProvided that during any period when the Vice-President acts as President or discharges the functions
\nof the President under article 65, he shall not perform the duties of the office of Chairman of the Council
\nof States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of
\nStates under article 97.
\n65. The Vice-President to act as President or to discharge his functions during casual
\nvacancies in the office, or during the absence, of President.\u2014(1) In the event of the occurrence of
\nany vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the
\nVice-President shall act as President until the date on which a new President elected in accordance with the
\nprovisions of this Chapter to fill such vacancy enters upon his office.
\n(2) When the President is unable to discharge his functions owing to absence, illness or any other cause,
\nthe Vice-President shall discharge his functions until the date on which the President resumes his duties.
\n(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging
\nthe functions of, President, have all the powers and immunities of the President and be entitled to such
\nemoluments, allowances and privileges as may be determined by Parliament by law and, until provision in
\nthat behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
\n66. Election of Vice-President.\u2014(1) The Vice-President shall be elected by the 1
\n[members of an
\nelectoral college consisting of the members of both Houses of Parliament] in accordance with the system
\nof proportional representation by means of the single transferable vote and the voting at such election shall
\nbe by secret ballot.
\n(2) The Vice-President shall not be a member of either House of Parliament or of a House of the
\nLegislature of any State, and if a member of either House of Parliament or of a House of the Legislature of
\nany State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date
\non which he enters upon his office as Vice-President.
\n(3) No person shall be eligible for election as Vice-President unless he\u2014
\n(a) is a citizen of India;
\n(b) has completed the age of thirty-five years; and
\n(c) is qualified for election as a member of the Council of States.
\n(4) A person shall not be eligible for election as Vice-President if he holds any office of profit under
\nthe Government of India or the Government of any State or under any local or other authority subject to the
\ncontrol of any of the said Governments.
\nExplanation.\u2014For the purposes of this article, a person shall not be deemed to hold any office of profit
\nby reason only that he is the President or Vice-President of the Union or the Governor2*** of any State or
\nis a Minister either for the Union or for any State.
\n67. Term of office of Vice-President.\u2014The Vice-President shall hold office for a term of five years<\/p>\n
1. Subs. by the Constitution (Eleventh Amendment) Act,1961, s. 2, for \u201cmembers of both Houses of Parliament assembled at a
\njoint meeting\u201d(w.e.f. 19-12-1961).
\n2. The words \u201cor Rajpramukh or Uparajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
\n(w.e.f. 1-11-1956).
\n41
\nfrom the date on which he enters upon his office:
\nProvided that\u2014
\n(a) a Vice-President may, by writing under his hand addressed to the President, resign his office;
\n(b) a Vice-President may be removed from his office by a resolution of the Council of States passed
\nby a majority of all the then members of the Council and agreed to by the House of the People; but no
\nresolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been
\ngiven of the intention to move the resolution;
\n(c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until
\nhis successor enters upon his office.
\n68. Time of holding election to fill vacancy in the office of Vice-President and the term of office
\nof person elected to fill casual vacancy.\u2014(1) An election to fill a vacancy caused by the expiration of the
\nterm of office of Vice-President shall be completed before the expiration of the term.
\n(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death,
\nresignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy,
\nand the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold
\noffice for the full term of five years from the date on which he enters upon his office.
\n69. Oath or affirmation by the Vice-President.\u2014Every Vice-President shall, before entering upon
\nhis office, make and subscribe before the President, or some person appointed in that behalf by him, an
\noath or affirmation in the following form, that is to say\u2014
\n\u201cI, A.B., do swear in the name of God that I will bear true faith and
\nsolemnly affirm
\nallegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon
\nwhich I am about to enter.\u201d.
\n70. Discharge of President’s functions in other contingencies.\u2014Parliament may make such
\nprovisions as it thinks fit for the discharge of the functions of the President in any contingency not provided
\nfor in this Chapter.
\n1
\n[71. Matters relating to, or connected with, the election of a President or Vice-President.\u2014(1)
\nAll doubts and disputes arising out of or in connection with the election of a President or Vice-President
\nshall be inquired into and decided by the Supreme Court whose decision shall be final.
\n(2) If the election of a person as President or Vice-President is declared void by the Supreme Court,
\nacts done by him in the exercise and performance of the powers and duties of the office of President or
\nVice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be
\ninvalidated by reason of that declaration.
\n(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating
\nto or connected with the election of a President or Vice-President.
\n(4) The election of a person as President or Vice-President shall not be called in question on the ground<\/p>\n
1. Art. 71 has been successively subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 2 (w.e.f. 10-8-1975) and the
\nConstitution (Forty-fourth Amendment) Act, 1978, s. 10 to read as above (w.e.f. 20-6-1979).
\n42
\nof the existence of any vacancy for whatever reason among the members of the electoral college electing
\nhim.]
\n72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in
\ncertain cases.\u2014(1) The President shall have the power to grant pardons, reprieves, respites or remissions
\nof punishment or to suspend, remit or commute the sentence of any person convicted of any offence\u2014
\n(a) in all cases where the punishment or sentence is by a Court Martial;
\n(b) in all cases where the punishment or sentence is for an offence against any law relating to a
\nmatter to which the executive power of the Union extends;
\n(c) in all cases where the sentence is a sentence of death.
\n(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of
\nthe Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.
\n(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence
\nof death exercisable by the Governor 1*** of a State under any law for the time being in force.
\n73. Extent of executive power of the Union.\u2014(1) Subject to the provisions of this Constitution, the
\nexecutive power of the Union shall extend\u2014
\n(a) to the matters with respect to which Parliament has power to make laws; and
\n(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of
\nIndia by virtue of any treaty or agreement:
\nProvided that the executive power referred to in sub-clause (a) shall not, save as expressly provided
\nin this Constitution or in any law made by Parliament, extend in any State 2*** to matters with respect to
\nwhich the Legislature of the State has also power to make laws.
\n(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may,
\nnotwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has
\npower to make laws for that State such executive power or functions as the State or officer or authority thereof
\ncould exercise immediately before the commencement of this Constitution.
\nCouncil of Ministers
\n74. Council of Ministers to aid and advise President.\u20143
\n[(1) There shall be a Council of Ministers with
\nthe Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act
\nin accordance with such advice:]
\n4
\n[Provided that the President may require the Council of Ministers to reconsider such advice, either
\ngenerally or otherwise, and the President shall act in accordance with the advice tendered after such
\nreconsideration.]
\n(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall
\nnot be inquired into in any court.<\/p>\n
1. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. The words and letters \u201cspecified in Part A or Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 13 (w.e.f. 3-1-1977).
\n4. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979).
\n43
\n75. Other provisions as to Ministers.\u2014(1) The Prime Minister shall be appointed by the President and
\nthe other Ministers shall be appointed by the President on the advice of the Prime Minister.
\n1
\n[(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not
\nexceed fifteen per cent. of the total number of members of the House of the People.
\n(1B) A member of either House of Parliament belonging to any political party who is disqualified for
\nbeing a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be
\nappointed as a Minister under clause (1) for duration of the period commencing from the date of his
\ndisqualification till the date on which the term of his office as such member would expire or where he contests
\nany election to either House of Parliament before the expiry of such period, till the date on which he is declared
\nelected, whichever is earlier.]
\n(2) The Ministers shall hold office during the pleasure of the President.
\n(3) The Council of Ministers shall be collectively responsible to the House of the People.
\n(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and
\nof secrecy according to the forms set out for the purpose in the Third Schedule.
\n(5) A Minister who for any period of six consecutive months is not a member of either House of
\nParliament shall at the expiration of that period cease to be a Minister.
\n(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law
\ndetermine and, until Parliament so determines, shall be as specified in the Second Schedule.
\nThe Attorney-General for India
\n76. Attorney-General for India.\u2014(1) The President shall appoint a person who is qualified to be
\nappointed a Judge of the Supreme Court to be Attorney-General for India.
\n(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such
\nlegal matters, and to perform such other duties of a legal character, as may from time to time be referred or
\nassigned to him by the President, and to discharge the functions conferred on him by or under this
\nConstitution or any other law for the time being in force.
\n(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in
\nthe territory of India.
\n(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such
\nremuneration as the President may determine.
\nConduct of Government Business
\n77. Conduct of business of the Government of India.\u2014(1) All executive action of the Government
\nof India shall be expressed to be taken in the name of the President.
\n(2) Orders and other instruments made and executed in the name of the President shall be authenticated
\nin such manner as may be specified in rules2
\nto be made by the President, and the validity of an order or<\/p>\n
1. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2 (w.e.f. 1-1-2004).
\n2. See notification No. S.O. 2297, dated the 3rd November, 1958, Gazette of India, Extraordinary, 1958, Pt. II, Sec. 3 (ii), p. 1315,
\nas amended from time to time.
\n44
\ninstrument which is so authenticated shall not be called in question on the ground that it is not an order or
\ninstrument made or executed by the President.
\n(3) The President shall make rules for the more convenient transaction of the business of the
\nGovernment of India, and for the allocation among Ministers of the said business.
\n1 * * * * *
\n78. Duties of Prime Minister as respects the furnishing of information to the President, etc.\u2014It shall
\nbe the duty of the Prime Minister\u2014
\n(a) to communicate to the President all decisions of the Council of Ministers relating to the
\nadministration of the affairs of the Union and proposals for legislation;
\n(b) to furnish such information relating to the administration of the affairs of the Union and
\nproposals for legislation as the President may call for; and
\n(c) if the President so requires, to submit for the consideration of the Council of Ministers any
\nmatter on which a decision has been taken by a Minister but which has not been considered by the
\nCouncil.
\nCHAPTER II.\u2014PARLIAMENT
\nGeneral
\n79. Constitution of Parliament.\u2014There shall be a Parliament for the Union which shall consist of the
\nPresident and two Houses to be known respectively as the Council of States and the House of the People.
\n80. Composition of the Council of States.\u2014(1) 2
\n[
\n3*** The Council of States] shall consist of\u2014
\n(a) twelve members to be nominated by the President in accordance with the provisions of
\nclause (3); and
\n(b) not more than two hundred and thirty-eight representatives of the States 4
\n[and of the Union
\nterritories.]
\n(2) The allocation of seats in the Council of States to be filled by representatives of the States 4
\n[and of
\nthe Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth
\nSchedule.
\n(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of<\/p>\n
1.Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 14 (w.e.f. 3-1-1977) and omitted by the Constitution
\n(Forty-fourth Amendment) Act, 1978, s. 12 (w.e.f. 20-6-1979).
\n2. Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for \u201cThe Council of States\u201d (w.e.f. 1-3-1975).
\n3 .The words \u201cSubject to the provisions of paragraph 4 of the Tenth Schedule,\u201d omitted by the Constitution (Thirty-sixth
\nAmendment) Act, 1974, s. 5 (w.e.f. 26-4-1975).
\n4. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 3 (w.e.f. 1-11-1956).
\n45
\npersons having special knowledge or practical experience in respect of such matters as the following,
\nnamely:\u2014
\nLiterature, science, art and social service.
\n(4) The representatives of each State 1*** in the Council of States shall be elected by the elected
\nmembers of the Legislative Assembly of the State in accordance with the system of proportional
\nrepresentation by means of the single transferable vote.
\n(5) The representatives of the 2
\n[Union territories] in the Council of States shall be chosen in such
\nmanner as Parliament may by law prescribe.
\n3
\n[81. Composition of the House of the People.\u2014(1) 4
\n[Subject to the provisions of article 331 5***],
\nthe House of the People shall consist of\u2014
\n(a) not more than 6
\n[five hundred and thirty members] chosen by direct election from territorial
\nconstituencies in the States, and
\n(b) not more than 7
\n[twenty members] to represent the Union territories, chosen in such manner as
\nParliament may by law provide.
\n(2) For the purposes of sub-clause (a) of clause (1),\u2014
\n(a) there shall be allotted to each State a number of seats in the House of the People in such manner
\nthat the ratio between that number and the population of the State is, so far as practicable, the same for
\nall States; and
\n(b) each State shall be divided into territorial constituencies in such manner that the ratio between
\nthe population of each constituency and the number of seats allotted to it is, so far as practicable, the
\nsame throughout the State:
\n8
\n[Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose
\nof allotment of seats in the House of the People to any State so long as the population of that State does
\nnot exceed six millions.]
\n(3) In this article, the expression \u201cpopulation\u201d means the population as ascertained at the last preceding
\ncensus of which the relevant figures have been published:<\/p>\n
1. The words and letters \u201cspecified in Part A and Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 3 (w.e.f. 1-11-1956).
\n2. Subs. by ibid., for \u201cStates specified in Part C of the First Schedule\u201d.
\n3. Subs. by ibid., s. 4, for arts. 81 and 82.
\n4. Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 4, for \u201cSubject to the provisions of article 331\u201d (w.e.f. 1-3-
\n1975).
\n5. The words and figure \u201cand paragraph 4 of the Tenth Schedule,\u201d omitted by the Constitution (Thirty-sixth Amendment) Act,
\n1975, s. 5 (w.e.f. 26-4-1975).
\n6. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for \u201cfive hundred and twenty-five members\u201d,
\n(w.e.f. 30-5-1987).
\n7. Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for \u201ctwenty-five members\u201d (w.e.f. 17-10-1973).
\n8. Ins. by ibid.
\n46
\n1
\n[Provided that the reference in this clause to the last preceding census of which the relevant figures have
\nbeen published shall, until the relevant figures for the first census taken after the year 2
\n[2026] have been
\npublished, 3
\n[be construed,\u2014
\n(i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to
\nthe 1971 census; and
\n(ii) for the purposes of sub-clause (b)of clause (2) as a reference to the 4
\n[2001] census.]
\n82. Readjustment after each census.\u2014Upon the completion of each census, the allocation of seats
\nin the House of the People to the States and the division of each State into territorial constituencies shall be
\nreadjusted by such authority and in such manner as Parliament may by law determine:
\nProvided that such readjustment shall not affect representation in the House of the People until the
\ndissolution of the then existing House:
\nProvided further that such readjustment shall take effect from such date as the President may, by order,
\nspecify and until such readjustment takes effect, any election to the House may be held on the basis of the
\nterritorial constituencies existing before such readjustment:
\nProvided also that until the relevant figures for the first census taken after the year 5
\n[2026] have been
\npublished, it shall not be necessary to 6
\n[readjust\u2014
\n(i) the allocation of seats in the House of the People to the States as readjusted on the basis of the
\n1971 census; and
\n(ii) the division of each State into territorial constituencies as may be readjusted on the basis of the
\n7
\n[2001] census,
\nunder this article.]
\n83. Duration of Houses of Parliament.\u2014(1) The Council of States shall not be subject to dissolution,
\nbut as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration
\nof every second year in accordance with the provisions made in that behalf by Parliament by law.
\n(2) The House of the People, unless sooner dissolved, shall continue for 8
\n[five years] from the date
\nappointed for its first meeting and no longer and the expiration of the said period of 8
\n[five years] shall
\noperate as a dissolution of the House:
\nProvided that the said period may, while a Proclamation of Emergency is in operation, be extended by
\nParliament by law for a period not exceeding one year at a time and not extending in any case beyond a
\nperiod of six months after the Proclamation has ceased to operate.<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 15 (w.e.f. 3-1-1977).
\n2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 3, for \u201c2000\u201d (w.e.f 21-2-2002).
\n3. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 3, for certain words (w.e.f. 21-2-2002).
\n4. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 2, for \u201c1991\u201d (w.e.f 22-6-2003).
\n5. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 4, for \u201c2000\u201d (w.e.f. 21-2-2002).
\n6. Subs. by ibid., for certain words.
\n7. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 3, for \u201c1991\u201d (w.e.f. 22-6-2003).
\n8. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 13, for \u201csix years\u201d (w.e.f. 20-6-1979). The words \u201csix years\u201d.
\nwere subs. for the original words \u201cfive years\u201d by the Constitution (Forty-second Amendment) Act, 1976, s. 17 (w.e.f. 3-1-1977).
\n47
\n84. Qualification for membership of Parliament.\u2014A person shall not be qualified to be chosen to
\nfill a seat in Parliament unless he\u2014
\n1
\n[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf
\nby the Election Commission an oath or affirmation according to the form set out for the purpose in the
\nThird Schedule;]
\n(b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case
\nof a seat in the House of the People, not less than twenty-five years of age; and
\n(c) possesses such other qualifications as may be prescribed in that behalf by or under any law
\nmade by Parliament.
\n2
\n[85. Sessions of Parliament, prorogation and dissolution.\u2014(1) The President shall from time to
\ntime summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall
\nnot intervene between its last sitting in one session and the date appointed for its first sitting in the next
\nsession.
\n(2) The President may from time to time\u2014
\n(a) prorogue the Houses or either House;
\n(b) dissolve the House of the People.]
\n86. Right of President to address and send messages to Houses.\u2014(1) The President may address
\neither House of Parliament or both Houses assembled together, and for that purpose require the attendance
\nof members.
\n(2) The President may send messages to either House of Parliament, whether with respect to a Bill then
\npending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient
\ndespatch consider any matter required by the message to be taken into consideration.
\n87. Special address by the President.\u2014(1) At the commencement of 3
\n[the first session after each
\ngeneral election to the House of the People and at the commencement of the first session of each year] the
\nPresident shall address both Houses of Parliament assembled together and inform Parliament of the causes
\nof its summons.
\n(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of
\ntime for discussion of the matters referred to in such address4***.
\n88. Rights of Ministers and Attorney-General as respects Houses.\u2014Every Minister and the
\nAttorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of,
\neither House, any joint sitting of the Houses, and any committee of Parliament of which he may be named
\na member, but shall not by virtue of this article be entitled to vote.
\nOfficers of Parliament
\n89. The Chairman and Deputy Chairman of the Council of States.\u2014(1) The Vice- President of India
\nshall be ex officio Chairman of the Council of States.
\n(2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy
\nChairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose
\nanother member to be Deputy Chairman thereof.<\/p>\n
1. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 3 (w.e.f. 5-10-1963).
\n2. Subs. by the Constitution (First Amendment) Act, 1951, s. 6 (w.e.f 18-6-1951).
\n3. Subs. by ibid., s. 7, for \u201cevery session\u201d.
\n4. The words \u201cand for the precedence of such discussion over other business of the House\u201d omitted by ibid.
\n48
\n90. Vacation and resignation of, and removal from, the office of Deputy Chairman.\u2014A member
\nholding office as Deputy Chairman of the Council of States\u2014
\n(a) shall vacate his office if he ceases to be a member of the Council;
\n(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
\n(c) may be removed from his office by a resolution of the Council passed by a majority of all the
\nthen members of the Council:
\nProvided that no resolution for the purpose of clause (c)shall be moved unless at least fourteen
\ndays\u2019 notice has been given of the intention to move the resolution.
\n91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act
\nas, Chairman.\u2014(1) While the office of Chairman is vacant, or during any period when the Vice-President
\nis acting as, or discharging the functions of, President, the duties of the office shall be performed by the
\nDeputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of
\nStates as the President may appoint for the purpose.
\n(2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or,
\nif he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such
\nperson is present, such other person as may be determined by the Council, shall act as Chairman.
\n92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal
\nfrom office is under consideration.\u2014(1) At any sitting of the Council of States, while any resolution for
\nthe removal of the Vice-President from his office is under consideration, the Chairman, or while any
\nresolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy
\nChairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply
\nin relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the
\ncase may be, the Deputy Chairman, is absent.
\n(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the
\nCouncil of States while any resolution for the removal of the Vice-President from his office is under
\nconsideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all
\non such resolution or on any other matter during such proceedings.
\n93. The Speaker and Deputy Speaker of the House of the People.\u2014The House of the People shall,
\nas soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker
\nthereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose
\nanother member to be Speaker or Deputy Speaker, as the case may be.
\n94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.\u2014
\nA member holding office as Speaker or Deputy Speaker of the House of the People\u2014
\n(a) shall vacate his office if he ceases to be a member of the House of the People;
\n(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the
\nDeputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
\n(c) may be removed from his office by a resolution of the House of the People passed by a majority
\nof all the then members of the House:
\n49
\nProvided that no resolution for the purpose of clause (c)shall be moved unless at least fourteen
\ndays\u2019 notice has been given of the intention to move the resolution:
\nProvided further that, whenever the House of the People is dissolved, the Speaker shall not vacate
\nhis office until immediately before the first meeting of the House of the People after the dissolution.
\n95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act
\nas, Speaker.\u2014(1) While the office of Speaker is vacant, the duties of the office shall be performed by the
\nDeputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the
\nPeople as the President may appoint for the purpose.
\n(2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if
\nhe is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person
\nis present, such other person as may be determined by the House, shall act as Speaker.
\n96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from
\noffice is under consideration.\u2014(1) At any sitting of the House of the People, while any resolution for the
\nremoval of the Speaker from his office is under consideration, the Speaker, or while any resolution for the
\nremoval of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though
\nhe is present, preside, and the provisions of clause (2) of article 95 shall apply in relation to every such
\nsitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy
\nSpeaker, is absent.
\n(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the
\nHouse of the People while any resolution for his removal from office is under consideration in the House
\nand shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such
\nresolution or on any other matter during such proceedings but not in the case of an equality of votes.
\n97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy
\nSpeaker.\u2014There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to
\nthe Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be
\nrespectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and
\nallowances as are specified in the Second Schedule.
\n98. Secretariat of Parliament.\u2014(1) Each House of Parliament shall have a separate secretarial staff:
\nProvided that nothing in this clause shall be construed as preventing the creation of posts common to
\nboth Houses of Parliament.
\n(2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed,
\nto the secretarial staff of either House of Parliament.
\n(3) Until provision is made by Parliament under clause (2), the President may, after consultation with
\nthe Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make
\nrules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff
\nof the House of the People or the Council of States, and any rules so made shall have effect subject to the
\nprovisions of any law made under the said clause.
\nConduct of Business
\n99. Oath or affirmation by members.\u2014Every member of either House of Parliament shall, before
\ntaking his seat, make and subscribe before the President, or some person appointed in that behalf by him,
\n50
\nan oath or affirmation according to the form set out for the purpose in the Third Schedule.
\n100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.\u2014(1) Save
\nas otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the
\nHouses shall be determined by a majority of votes of the members present and voting, other than the Speaker
\nor person acting as Chairman or Speaker.
\nThe Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have
\nand exercise a casting vote in the case of an equality of votes.
\n(2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership
\nthereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently
\nthat some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.
\n1
\n[(3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House
\nof Parliament shall be one-tenth of the total number of members of the House.
\n(4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman
\nor Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a
\nquorum.]
\nDisqualifications of Members
\n101. Vacation of seats.\u2014(1) No person shall be a member of both Houses of Parliament and provision
\nshall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses
\nof his seat in one House or the other.
\n(2) No person shall be a member both of Parliament and of a House of the Legislature of a State 2***
\n,
\nand if a person is chosen a member both of Parliament and of a House of the Legislature of13
\n[a State], then,
\nat the expiration of such period as may be specified in rules4 made by the President, that person\u2019s seat in
\nParliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.
\n(3) If a member of either House of Parliament\u2014
\n(a) becomes subject to any of the disqualifications mentioned in 5
\n[clause (1) or clause (2) of article
\n102], or
\n6
\n[(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the
\ncase may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,]
\nhis seat shall thereupon become vacant:
\n7
\n[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or
\notherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be,<\/p>\n
1. Cls. (3) and (4) were omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 18 (date yet to be notified).
\n2. The words and letters \u201cspecified in Part A or Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n3. Subs. by ibid., for \u201csuch a State\u201d.
\n4. See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of Law notification No. F.46\/50-C,
\ndated the 26th January, 1950, Gazette of India, Extraordinary, P. 678.
\n5. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 2, for \u201cclause (1) of article 102\u201d (w.e.f. 1-3-1985).
\n6. Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2 (w.e.f. 19-5-1974).
\n7. Ins. by ibid.
\n51
\nis satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]
\n(4) If for a period of sixty days a member of either House of Parliament is without permission of the
\nHouse absent from all meetings thereof, the House may declare his seat vacant:
\nProvided that in computing the said period of sixty days no account shall be taken of any period during
\nwhich the House is prorogued or is adjourned for more than four consecutive days.
\n102. Disqualifications for membership.\u2014(1) A person shall be disqualified for being chosen as, and
\nfor being, a member of either House of Parliament\u2014
\n1
\n[(a) if he holds any office of profit under the Government of India or the Government of any State,
\nother than an office declared by Parliament by law not to disqualify its holder;]
\n(b) if he is of unsound mind and stands so declared by a competent court;
\n(c) if he is an undischarged insolvent;
\n(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is
\nunder any acknowledgment of allegiance or adherence to a foreign State;
\n(e) if he is so disqualified by or under any law made by Parliament.
\n2
\n[Explanation.\u2014For the purposes of this clause a person shall not be deemed to hold an office of profit
\nunder the Government of India or the Government of any State by reason only that he is a Minister either
\nfor the Union or for such State.]
\n3
\n[(2) A person shall be disqualified for being a member of either House of Parliament if he is so
\ndisqualified under the Tenth Schedule.]
\n4
\n[103. Decision on questions as to disqualifications of members.\u2014(1) If any question arises as to
\nwhether a member of either House of Parliament has become subject to any of the disqualifications
\nmentioned in clause (1) of article 102, the question shall be referred for the decision of the President and
\nhis decision shall be final.
\n(2) Before giving any decision on any such question, the President shall obtain the opinion of the
\nElection Commission and shall act according to such opinion.]
\n104. Penalty for sitting and voting before making oath or affirmation under article 99 or when
\nnot qualified or when disqualified.\u2014If a person sits or votes as a member of either House of Parliament
\nbefore he has complied with the requirements of article 99, or when he knows that he is not qualified or
\nthat he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of
\nany law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a
\npenalty of five hundred rupees to be recovered as a debt due to the Union.
\nPowers, Privileges and Immunities of Parliament and its Members
\n105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees<\/p>\n
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 19 to read as \u201c(a) if he holds any such office of profit under
\nthe Government of India or the Government of any State as is declared by Parliament by law to disqualify its holder\u201d (date yet
\nto be notified).
\n2. Subs. by the Constitution (Fifty-Second Amendment) Act, 1985, s. 3, for \u201c(2) For the purposes of this article\u201d (w.e.f. 1-3-1985).
\n3. Ins. by ibid.
\n4. Art. 103 has been successively subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20 (w.e.f. 3-1-1977) and the
\nConstitution (Forty-fourth Amendment) Act, 1978, s. 14 to read as above (w.e.f. 20-6-1979).
\n52
\nthereof.\u2014(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating
\nthe procedure of Parliament, there shall be freedom of speech in Parliament.
\n(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any
\nvote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the
\npublication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
\n1
\n[(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the
\nmembers and the committees of each House, shall be such as may from time to time be defined by
\nParliament by law, and, until so defined, 2
\n[shall be those of that House and of its members and committees
\nimmediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act,
\n1978.]]
\n(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this
\nConstitution have the right to speak in, and otherwise to take part in the proceedings of, a House of
\nParliament or any committee thereof as they apply in relation to members of Parliament.
\n106. Salaries and allowances of members.\u2014Members of either House of Parliament shall be entitled
\nto receive such salaries and allowances as may from time to time be determined by Parliament by law and,
\nuntil provision in that respect is so made, allowances at such rates and upon such conditions as were
\nimmediately before the commencement of this Constitution applicable in the case of members of the
\nConstituent Assembly of the Dominion of India.
\nLegislative Procedure
\n107. Provisions as to introduction and passing of Bills.\u2014(1) Subject to the provisions of articles 109
\nand 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of
\nParliament.
\n(2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by
\nthe Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with
\nsuch amendments only as are agreed to by both Houses.
\n(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.
\n(4) A Bill pending in the Council of States which has not been passed by the House of the People shall
\nnot lapse on a dissolution of the House of the People.
\n(5) A Bill which is pending in the House of the People, or which having been passed by the House of
\nthe People is pending in the Council of States, shall, subject to the provisions of article 108, lapse on a
\ndissolution of the House of the People.
\n108. Joint sitting of both Houses in certain cases.\u2014(1) If after a Bill has been passed by one House
\nand transmitted to the other House\u2014
\n(a) the Bill is rejected by the other House; or
\n(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
\n(c) more than six months elapse from the date of the reception of the Bill by the other House without
\nthe Bill being passed by it,
\nthe President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify<\/p>\n
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 21 to read as below:\u2013
\n\u201c(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the
\ncommittees of each House, shall be those of that House, and of its members and committees, at the commencement of sec. 21 of
\nthe Constitution (Forty-second) Amendment Act, 1976, and as may be evolved by such House of Parliament from time to time.\u201d
\n(date yet to be notified).
\n2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 15 for certain words (w.e.f. 20-6-1979).
\n53
\nto the Houses by message if they are sitting or by public notification if they are not sitting, his intention to
\nsummon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:
\nProvided that nothing in this clause shall apply to a Money Bill.
\n(2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken
\nof any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned
\nfor more than four consecutive days.
\n(3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a
\njoint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date
\nof his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification
\nand, if he does so, the Houses shall meet accordingly.
\n(4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint
\nsitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be
\ndeemed for the purposes of this Constitution to have been passed by both Houses:
\nProvided that at a joint sitting\u2014
\n(a) if the Bill, having been passed by one House, has not been passed by the other House with
\namendments and returned to the House in which it originated, no amendment shall be proposed to the
\nBill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;
\n(b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to
\nthe Bill and such other amendments as are relevant to the matters with respect to which the Houses have
\nnot agreed;
\nand the decision of the person presiding as to the amendments which are admissible under this clause shall be final.
\n(5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a
\ndissolution of the House of the People has intervened since the President notified his intention to summon
\nthe Houses to meet therein.
\n109. Special procedure in respect of Money Bills.\u2014(1) A Money Bill shall not be introduced in the
\nCouncil of States.
\n(2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council
\nof States for its recommendations and the Council of States shall within a period of fourteen days from the
\ndate of its receipt of the Bill return the Bill to the House of the People with its recommendations and the
\nHouse of the People may thereupon either accept or reject all or any of the recommendations of the Council
\nof States.
\n(3) If the House of the People accepts any of the recommendations of the Council of States, the Money
\nBill shall be deemed to have been passed by both Houses with the amendments recommended by the
\nCouncil of States and accepted by the House of the People.
\n(4) If the House of the People does not accept any of the recommendations of the Council of States, the
\nMoney Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the
\nHouse of the People without any of the amendments recommended by the Council of States.
\n(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its
\nrecommendations is not returned to the House of the People within the said period of fourteen days, it shall
\nbe deemed to have been passed by both Houses at the expiration of the said period in the form in which it
\nwas passed by the House of the People.
\n110. Definition of \u201cMoney Bills\u201d.\u2014(1) For the purposes of this Chapter, a Bill shall be deemed to
\nbe a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:\u2014
\n54
\n(a) the imposition, abolition, remission, alteration or regulation of any tax;
\n(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of
\nIndia, or the amendment of the law with respect to any financial obligations undertaken or to be
\nundertaken by the Government of India;
\n(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys
\ninto or the withdrawal of moneys from any such Fund;
\n(d) the appropriation of moneys out of the Consolidated Fund of India;
\n(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India
\nor the increasing of the amount of any such expenditure;
\n(f) the receipt of money on account of the Consolidated Fund of India or the public account of India
\nor the custody or issue of such money or the audit of the accounts of the Union or of a State; or
\n(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
\n(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of
\nfines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services
\nrendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of
\nany tax by any local authority or body for local purposes.
\n(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House
\nof the People thereon shall be final.
\n(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under
\narticle 109, and when it is presented to the President for assent under article 111, the certificate of the
\nSpeaker of the House of the People signed by him that it is a Money Bill.
\n111. Assent to Bills.\u2014When a Bill has been passed by the Houses of Parliament, it shall be presented
\nto the President, and the President shall declare either that he assents to the Bill, or that he withholds assent
\ntherefrom:
\nProvided that the President may, as soon as possible after the presentation to him of a Bill for assent,
\nreturn the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider
\nthe Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing
\nany such amendments as he may recommend in his message, and when a Bill is so returned, the Houses
\nshall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without
\namendment and presented to the President for assent, the President shall not withhold assent therefrom.
\nProcedure in Financial Matters
\n112. Annual financial statement.\u2014(1) The President shall in respect of every financial year cause to
\nbe laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the
\nGovernment of India for that year, in this Part referred to as the \u201cannual financial statement\u201d.
\n(2) The estimates of expenditure embodied in the annual financial statement shall show separately\u2014
\n(a) the sums required to meet expenditure described by this Constitution as expenditure charged
\nupon the Consolidated Fund of India; and
\n(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund
\nof India,
\nand shall distinguish expenditure on revenue account from other expenditure.
\n(3) The following expenditure shall be expenditure charged on the Consolidated Fund of India\u2014
\n(a) the emoluments and allowances of the President and other expenditure relating to his office;
\n55
\n(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States
\nand the Speaker and the Deputy Speaker of the House of the People;
\n(c) debt charges for which the Government of India is liable including interest, sinking fund charges
\nand redemption charges, and other expenditure relating to the raising of loans and the service and
\nredemption of debt;
\n(d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme
\nCourt;
\n(ii) the pensions payable to or in respect of Judges of the Federal Court;
\n(iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction
\nin relation to any area included in the territory of India or which at any time before the commencement
\nof this Constitution exercised jurisdiction in relation to any area included in 1
\n[a Governor’s Province of
\nthe Dominion of India];
\n(e) the salary, allowances and pension payable to or in respect of the Comptroller and AuditorGeneral of India;
\n(f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
\n(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged.
\n113. Procedure in Parliament with respect to estimates.\u2014(1) So much of the estimates as relates to
\nexpenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament,
\nbut nothing in this clause shall be construed as preventing the discussion in either House of Parliament of
\nany of those estimates.
\n(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of
\ndemands for grants to the House of the People, and the House of the People shall have power to assent, or
\nto refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified
\ntherein.
\n(3) No demand for a grant shall be made except on the recommendation of the President.
\n114. Appropriation Bills.\u2014(1) As soon as may be after the grants under article 113 have been made
\nby the House of the People, there shall be introduced a Bill to provide for the appropriation out of the
\nConsolidated Fund of India of all moneys required to meet\u2014
\n(a) the grants so made by the House of the People; and
\n(b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the
\namount shown in the statement previously laid before Parliament.
\n(2) No amendment shall be proposed to any such Bill in either House of Parliament which will have
\nthe effect of varying the amount or altering the destination of any grant so made or of varying the amount
\nof any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as
\nto whether an amendment is inadmissible under this clause shall be final.
\n(3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the
\nConsolidated Fund of India except under appropriation made by law passed in accordance with the
\nprovisions of this article.
\n115. Supplementary, additional or excess grants.\u2014(1) The President shall\u2014
\n(a) if the amount authorised by any law made in accordance with the provisions of article 114 to
\nbe expended for a particular service for the current financial year is found to be insufficient for the
\npurposes of that year or when a need has arisen during the current financial year for supplementary or<\/p>\n
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for \u201ca Province corresponding to a State specified in
\nPart A of the First Schedule\u201d (w.e.f. 1-11-1956).
\n56
\nadditional expenditure upon some new service not contemplated in the annual financial statement for
\nthat year, or
\n(b) if any money has been spent on any service during a financial year in excess of the amount
\ngranted for that service and for that year,
\ncause to be laid before both the Houses of Parliament another statement showing the estimated amount of
\nthat expenditure or cause to be presented to the House of the People a demand for such excess, as the case
\nmay be.
\n(2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and
\nexpenditure or demand and also to any law to be made authorising the appropriation of moneys out of the
\nConsolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have
\neffect in relation to the annual financial statement and the expenditure mentioned therein or to a demand
\nfor a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated
\nFund of India to meet such expenditure or grant.
\n116. Votes on account, votes of credit and exceptional grants.\u2014(1) Notwithstanding anything in the
\nforegoing provisions of this Chapter, the House of the People shall have power\u2014
\n(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial
\nyear pending the completion of the procedure prescribed in article 113 for the voting of such grant and
\nthe passing of the law in accordance with the provisions of article 114 in relation to that expenditure;
\n(b) to make a grant for meeting an unexpected demand upon the resources of India when on account
\nof the magnitude or the indefinite character of the service the demand cannot be stated with the details
\nordinarily given in an annual financial statement;
\n(c) to make an exceptional grant which forms no part of the current service of any financial year;
\nand Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated
\nFund of India for the purposes for which the said grants are made.
\n(2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under
\nclause (1) and to any law to be made under that clause as they have effect in relation to the making of a
\ngrant with regard to any expenditure mentioned in the annual financial statement and the law to be made
\nfor the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such
\nexpenditure.
\n117. Special provisions as to financial Bills.\u2014(1) A Bill or amendment making provision for any of
\nthe matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved
\nexcept on the recommendation of the President and a Bill making such provision shall not be introduced in
\nthe Council of States:
\nProvided that no recommendation shall be required under this clause for the moving of an amendment
\nmaking provision for the reduction or abolition of any tax.
\n(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by
\nreason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or
\npayment of fees for licences or fees for services rendered, or by reason that it provides for the imposition,
\nabolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
\n(3) A Bill which, if enacted and brought into operation, would involve expenditure from the
\nConsolidated Fund of India shall not be passed by either House of Parliament unless the President has
\nrecommended to that House the consideration of the Bill.
\nProcedure Generally
\n118. Rules of procedure.\u2014(1) Each House of Parliament may make rules for regulating, subject to the
\n57
\nprovisions of this Constitution, its procedure 1*** and the conduct of its business.
\n(2) Until rules are made under clause (1), the rules of procedure and standing orders in force
\nimmediately before the commencement of this Constitution with respect to the Legislature of the Dominion
\nof India shall have effect in relation to Parliament subject to such modifications and adaptations as may be
\nmade therein by the Chairman of the Council of States or the Speaker of the House of the People, as the
\ncase may be.
\n(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the
\nHouse of the People, may make rules as to the procedure with respect to joint sittings of, and
\ncommunications between, the two Houses.
\n(4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such
\nperson as may be determined by rules of procedure made under clause (3), shall preside.
\n119. Regulation by law of procedure in Parliament in relation to financial business.\u2014Parliament
\nmay, for the purpose of the timely completion of financial business, regulate by law the procedure of, and
\nthe conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for
\nthe appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any provision of
\nany law so made is inconsistent with any rule made by a House of Parliament under clause (1) of article
\n118 or with any rule or standing order having effect in relation to Parliament under clause (2) of that article,
\nsuch provision shall prevail.
\n120. Language to be used in Parliament.\u2014(1) Notwithstanding anything in Part XVII, but subject
\nto the provisions of article 348, business in Parliament shall be transacted in Hindi or in English:
\nProvided that the Chairman of the Council of States or Speaker of the House of the People, or person
\nacting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi
\nor in English to address the House in his mother-tongue.
\n(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of
\nfifteen years from the commencement of this Constitution, have effect as if the words \u201cor in English\u201d were
\nomitted therefrom.
\n121. Restriction on discussion in Parliament.\u2014No discussion shall take place in Parliament with
\nrespect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties
\nexcept upon a motion for presenting an address to the President praying for the removal of the Judge as
\nhereinafter provided.
\n122. Courts not to inquire into proceedings of Parliament.\u2014(1) The validity of any proceedings in
\nParliament shall not be called in question on the ground of any alleged irregularity of procedure.
\n(2) No officer or member of Parliament in whom powers are vested by or under this Constitution for
\nregulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to
\nthe jurisdiction of any court in respect of the exercise by him of those powers.
\nCHAPTER III.\u2014LEGISLATIVE POWERS OF THE PRESIDENT
\n123. Power of President to promulgate Ordinances during recess of Parliament.\u2014(1) If at any
\ntime, except when both Houses of Parliament are in session, the President is satisfied that circumstances
\nexist which render it necessary for him to take immediate action, he may promulgate such Ordinances as
\nthe circumstances appear to him to require.
\n(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of
\nParliament, but every such Ordinance\u2014<\/p>\n
1. The brackets and words \u201c(including the quorum to constitute a meeting of the House)\u201d ins. by the Constitution (Forty-second
\nAmendment) Act, 1976 (date yet to be notified).
\n58
\n(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six
\nweeks from the reassembly of Parliament, or, if before the expiration of that period resolutions
\ndisapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
\n(b) may be withdrawn at any time by the President.
\nExplanation.\u2014Where the Houses of Parliament are summoned to reassemble on different dates, the
\nperiod of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
\n(3) If and so far as an Ordinance under this article makes any provision which Parliament would not
\nunder this Constitution be competent to enact, it shall be void.
\n1
\n(4)* * * * *
\nCHAPTER IV.\u2014THE UNION JUDICIARY
\n124. Establishment and constitution of Supreme Court.\u2014(1) There shall be a Supreme Court of
\nIndia consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not
\nmore than seven2 other Judges.
\n(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand
\nand seal 3
\n[on the recommendation of the National Judicial Appointments Commission referred to in article
\n124A] and shall hold office until he attains the age of sixty-five years:
\n4
\n[* * * * *]
\n5
\n[Provided that]\u2014
\n(a) a Judge may, by writing under his hand addressed to the President, resign his office;
\n(b) a Judge may be removed from his office in the manner provided in clause (4).
\n(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner
\nas Parliament may by law provide.
\n(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a
\ncitizen of India and\u2014
\n(a) has been for at least five years a Judge of a High Court or of two or more such Courts in
\nsuccession; or
\n(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in
\nsuccession; or
\n(c) is, in the opinion of the President, a distinguished jurist.
\nExplanation I.\u2014In this clause \u201cHigh Court\u201d means a High Court which exercises, or which at any time
\nbefore the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.<\/p>\n
1.Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (with retrospective effect) and omitted by the
\nConstitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979).
\n2. Now \u201cthirty\u201d, vide the Supreme Court (Number of Judges) Amendment Act, 2008 (11 of 2009), s. 2
\n3. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 2, for \u201cafter consultation with such of the Judges of the
\nSupreme Court and of the High Courts in the States as the President may deem necessary for that purpose\u201d (w.e.f. 13-4-2015).
\nThis amendment has been struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court
\nAdvocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117.
\n4. Proviso omitted by ibid. This amendment has been struck down by the Supreme Court order dated the 16th October, 2015 in the
\nSupreme Court Advocates-on-Record Association Vs. Union of India reported in AIR 2016 SC 117.
\n5. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 2, for the words \u201cProvided further that\u201d (w.e.f. 13-4-2015).
\nThis amendment has been struck down by the Supreme Court vide its order dated 16th October, 2015 in the Supreme Court
\nAdvocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117.
\n59
\nExplanation II.\u2014In computing for the purpose of this clause the period during which a person has been
\nan advocate, any period during which a person has held judicial office not inferior to that of a district judge
\nafter he became an advocate shall be included.
\n(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the
\nPresident passed after an address by each House of Parliament supported by a majority of the total
\nmembership of that House and by a majority of not less than two-thirds of the members of that House
\npresent and voting has been presented to the President in the same session for such removal on the ground
\nof proved misbehaviour or incapacity.
\n(5) Parliament may by law regulate the procedure for the presentation of an address and for the
\ninvestigation and proof of the misbehaviour or incapacity of a Judge under clause (4).
\n(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office,
\nmake and subscribe before the President, or some person appointed in that behalf by him, an oath or
\naffirmation according to the form set out for the purpose in the Third Schedule.
\n(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or
\nbefore any authority within the territory of India.
\n1
\n[124A. National Judicial Appointments Commission.\u2014(1) There shall be a Commission to be
\nknown as the National Judicial Appointments Commission consisting of the following, namely:\u2014
\n(a) the Chief Justice of India, Chairperson, ex officio;
\n(b) two other senior Judges of the Supreme Court next to the Chief Justice of India\u2013\u2013Members, ex
\nofficio;
\n(c) the Union Minister in charge of Law and Justice\u2013\u2013Member, ex officio;
\n(d) two eminent persons to be nominated by the committee consisting of the Prime Minister, the
\nChief Justice of India and the Leader of Opposition in the House of the People or where there is no
\nsuch Leader of Opposition, then, the Leader of single largest Opposition Party in the House of the
\nPeople\u2013\u2013Members:
\nProvided that one of the eminent person shall be nominated from amongst the persons belonging
\nto the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women:
\nProvided further that an eminent person shall be nominated for a period of three years and shall not
\nbe eligible for renomination.
\n(2) No act or proceedings of the National Judicial Appointments Commission shall be questioned or be
\ninvalidated merely on the ground of the existence of any vacancy or defect in the constitution of the
\nCommission.
\n124B. Functions of Commission.\u2013\u2013It shall be the duty of the National Judicial Appointments
\nCommission to\u2014
\n(a) recommend persons for appointment as Chief Justice of India, Judges of the Supreme Court,
\nChief Justices of High Courts and other Judges of High Courts;
\n(b) recommend transfer of Chief Justices and other Judges of High Courts from one High Court to
\nany other High Court; and<\/p>\n
1. Ins. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 3 (w.e.f. 13-4-2015). This amendment has been struck down
\nby the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record Association and
\nAnother Vs. Union of India reported in AIR 2016 SC 117.
\n60
\n(c) ensure that the person recommended is of ability and integrity.
\n124C. Power of Parliament to make law.\u2013\u2013Parliament may, by law, regulate the procedure for the
\nappointment of Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other
\nJudges of High Courts and empower the Commission to lay down by regulations the procedure for the
\ndischarge of its functions, the manner of selection of persons for appointment and such other matters as
\nmay be considered necessary by it.]
\n125. Salaries, etc., of Judges.\u20141
\n[(1) There shall be paid to the Judges of the Supreme Court such
\nsalaries as may be determined by Parliament by law and, until provision in that behalf is so made, such
\nsalaries as are specified in the Second Schedule.]
\n(2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave
\nof absence and pension as may from time to time be determined by or under law made by Parliament and,
\nuntil so determined, to such privileges, allowances and rights as are specified in the Second Schedule:
\nProvided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of
\nabsence or pension shall be varied to his disadvantage after his appointment.
\n126. Appointment of acting Chief Justice.\u2014When the office of Chief Justice of India is vacant or
\nwhen the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the
\nduties of the office shall be performed by such one of the other Judges of the Court as the President may
\nappoint for the purpose.
\n127. Appointment of ad hoc Judges.\u2014(1) If at any time there should not be a quorum of the Judges
\nof the Supreme Court available to hold or continue any session of the Court, 2
\n[the National Judicial
\nAppointments Commission on a reference made to it by the Chief Justice of India, may with the previous
\nconsent of the President] and after consultation with the Chief Justice of the High Court concerned, request
\nin writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary,
\nof a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated
\nby the Chief Justice of India.
\n(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office,
\nto attend the sittings of the Supreme Court at the time and for the period for which his attendance is required,
\nand while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the
\nduties, of a Judge of the Supreme Court.
\n128. Attendance of retired Judges at sittings of the Supreme Court.\u2014Notwithstanding anything in
\nthis Chapter, 3
\n[the National Judicial Appointments Commission] may at any time, with the previous consent
\nof the President, request any person who has held the office of a Judge of the Supreme Court or of the
\nFederal Court 4
\n[or who has held the office of a Judge of a High Court and is duly qualified for appointment
\nas a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court, and every such person so
\nrequested shall, while so sitting and acting, be entitled to such allowances as the President may by order
\ndetermine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be,
\na Judge of that Court:<\/p>\n
1 Subs. by the Constitution (Fifty-Fourth Amendment) Act, 1986, s. 2, for \u201cclause (1)\u201d (w.e.f. 1-4-1986).
\n2. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 4, for \u201cthe Chief Justice of India may, with the previous
\nconsent of the President\u201d (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide its order dated
\nthe 16th October, 2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union of India reported in AIR
\n2016 SC 117.
\n3. Subs. by ibid., s. 5, for \u201cthe Chief Justice of India\u201d (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme
\nCourt vide its order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union
\nof India reported in AIR 2016 SC 117.
\n4. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3 (w.e.f. 5-10-1963).
\n61
\nProvided that nothing in this article shall be deemed to require any such person as aforesaid to sit and
\nact as a Judge of that Court unless he consents so to do.
\n129. Supreme Court to be a court of record.\u2014The Supreme Court shall be a court of record and shall
\nhave all the powers of such a court including the power to punish for contempt of itself.
\n130. Seat of Supreme Court.\u2014The Supreme Court shall sit in Delhi or in such other place or places,
\nas the Chief Justice of India may, with the approval of the President, from time to time, appoint.
\n131. Original jurisdiction of the Supreme Court.\u2014Subject to the provisions of this Constitution, the
\nSupreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute\u2014
\n(a) between the Government of India and one or more States; or
\n(b) between the Government of India and any State or States on one side and one or more other
\nStates on the other; or
\n(c) between two or more States,
\nif and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a
\nlegal right depends:
\n1
\n[Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement,
\ncovenant, engagement, sanad or other similar instrument which, having been entered into or executed
\nbefore the commencement of this Constitution, continues in operation after such commencement, or which
\nprovides that the said jurisdiction shall not extend to such a dispute.]
\n2
\n[131A. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity
\nof Central laws.].\u2013Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 4 (w.e.f. 13-4-1978).
\n132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.\u2014(1)
\nAn appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the
\nterritory of India, whether in a civil, criminal or other proceeding, 3
\n[if the High Court certifies under article
\n134A] that the case involves a substantial question of law as to the interpretation of this Constitution.
\n4* * * * *
\n(3) Where such a certificate is given,5*** any party in the case may appeal to the Supreme Court on
\nthe ground that any such question as aforesaid has been wrongly decided 5***.
\nExplanation.\u2014For the purposes of this article, the expression \u201cfinal order\u201d includes an order deciding
\nan issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.
\n133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil
\nmatters.\u20146
\n[(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil
\nproceeding of a High Court in the territory of India 7
\n[if the High Court certifies under article 134A\u2014]
\n(a) that the case involves a substantial question of law of general importance; and<\/p>\n
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso (w.e.f. 1-11-1956).
\n2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. 1-2-1977).
\n3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for \u201cif the High Court certifies\u201d (w.e.f. 1-8-1979).
\n4. Cl. (2) omitted by ibid.
\n5. Certain words omitted by ibid.
\n6. Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1) (w.e.f. 27-2-1973).
\n7. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 18, for \u201cif the High Court certifies\u201d (w.e.f. 1-8-1979).
\n62
\n(b) that in the opinion of the High Court the said question needs to be decided by the Supreme
\nCourt.]
\n(2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1)
\nmay urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of
\nthis Constitution has been wrongly decided.
\n(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise
\nprovides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.
\n134. Appellate jurisdiction of Supreme Court in regard to criminal matters.\u2014(1) An appeal shall
\nlie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High
\nCourt in the territory of India if the High Court\u2014
\n(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death;
\nor
\n(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has
\nin such trial convicted the accused person and sentenced him to death; or
\n(c) 1
\n[certifies under article 134A] that the case is a fit one for appeal to the Supreme Court:
\nProvided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that
\nbehalf under clause (1) of article 145 and to such conditions as the High Court may establish or require.
\n(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear
\nappeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory
\nof India subject to such conditions and limitations as may be specified in such law.
\n2
\n[134A. Certificate for appeal to the Supreme Court.\u2014Every High Court, passing or making a
\njudgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133,
\nor clause (1) of article 134,\u2014
\n(a) may, if it deems fit so to do, on its own motion; and
\n(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after
\nthe passing or making of such judgment, decree, final order or sentence,
\ndetermine, as soon as may be after such passing or making, the question whether a certificate of the nature
\nreferred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of
\nclause (1) of article 134, may be given in respect of that case.]
\n135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the
\nSupreme Court.\u2014Until Parliament by law otherwise provides, the Supreme Court shall also have
\njurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do
\nnot apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court
\nimmediately before the commencement of this Constitution under any existing law.
\n136. Special leave to appeal by the Supreme Court.\u2014(1) Notwithstanding anything in this Chapter,
\nthe Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree,
\ndetermination, sentence or order in any cause or matter passed or made by any court or tribunal in the
\nterritory of India.
\n(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made
\nby any court or tribunal constituted by or under any law relating to the Armed Forces.
\n137. Review of judgments or orders by the Supreme Court.\u2014Subject to the provisions of any law
\nmade by Parliament or any rules made under article 145, the Supreme Court shall have power to review
\nany judgment pronounced or order made by it.<\/p>\n
1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 19, for \u201ccertifies\u201d (w.e.f. 1-8-1979).
\n2. Ins. by ibid., s. 20.
\n63
\n138. Enlargement of the jurisdiction of the Supreme Court.\u2014(1) The Supreme Court shall have
\nsuch further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may
\nby law confer.
\n(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as
\nthe Government of India and the Government of any State may by special agreement confer, if Parliament
\nby law provides for the exercise of such jurisdiction and powers by the Supreme Court.
\n139. Conferment on the Supreme Court of powers to issue certain writs.\u2014Parliament may by law
\nconfer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of
\nhabeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other
\nthan those mentioned in clause (2) of article 32.
\n1
\n[139A. Transfer of certain cases.\u20142
\n[(1) Where cases involving the same or substantially the same
\nquestions of law are pending before the Supreme Court and one or more High Courts or before two or more
\nHigh Courts and the Supreme Court is satisfied on its own motion or on an application made by the
\nAttorney-General of India or by a party to any such case that such questions are substantial questions of
\ngeneral importance, the Supreme Court may withdraw the case or cases pending before the High Court or
\nthe High Courts and dispose of all the cases itself:
\nProvided that the Supreme Court may after determining the said questions of law return any case so
\nwithdrawn together with a copy of its judgment on such questions to the High Court from which the case
\nhas been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in
\nconformity with such judgment.]
\n(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case,
\nappeal or other proceedings pending before any High Court to any other High Court.]
\n140. Ancillary powers of Supreme Court.\u2014Parliament may by law make provision for conferring
\nupon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this
\nConstitution as may appear to be necessary or desirable for the purpose of enabling the Court more
\neffectively to exercise the jurisdiction conferred upon it by or under this Constitution.
\n141. Law declared by Supreme Court to be binding on all courts.\u2014The law declared by the
\nSupreme Court shall be binding on all courts within the territory of India.
\n142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.\u2014(1)
\nThe Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is
\nnecessary for doing complete justice in any cause or matter pending before it, and any decree so passed or
\norder so made shall be enforceable throughout the territory of India in such manner as may be prescribed
\nby or under any law made by Parliament and, until provision in that behalf is so made, in such manner as
\nthe President may by order3 prescribe.
\n(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as
\nrespects the whole of the territory of India, have all and every power to make any order for the purpose of
\nsecuring the attendance of any person, the discovery or production of any documents, or the investigation
\nor punishment of any contempt of itself.
\n143. Power of President to consult Supreme Court.\u2014(1) If at any time it appears to the President
\nthat a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public
\nimportance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question
\nto that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President
\nits opinion thereon.<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).
\n2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 21, for cl. (1) (w.e.f. 1-8-1979).
\n3. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47).
\n64
\n(2) The President may, notwithstanding anything in 1*** the proviso to article 131, refer a dispute of
\nthe kind mentioned in the 2
\n[said proviso] to the Supreme Court for opinion and the Supreme Court shall,
\nafter such hearing as it thinks fit, report to the President its opinion thereon.
\n144. Civil and judicial authorities to act in aid of the Supreme Court.\u2014All authorities, civil and
\njudicial, in the territory of India shall act in aid of the Supreme Court.
\n3
\n[144A. Special provisions as to disposal of questions relating to constitutional validity of laws.]-
\nOmitted by the Constitution (Forty-third Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).
\n145. Rules of Court, etc.\u2014(1) Subject to the provisions of any law made by Parliament, the Supreme
\nCourt may from time to time, with the approval of the President, make rules for regulating generally the
\npractice and procedure of the Court including\u2014
\n(a) rules as to the persons practising before the Court;
\n(b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including
\nthe time within which appeals to the Court are to be entered;
\n(c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by
\nPart III;
\n4
\n[(cc) rules as to the proceedings in the Court under 5
\n[article 139A];]
\n(d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134;
\n(e) rules as to the conditions subject to which any judgment pronounced or order made by the Court
\nmay be reviewed and the procedure for such review including the time within which applications to the
\nCourt for such review are to be entered;
\n(f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be
\ncharged in respect of proceedings therein;
\n(g) rules as to the granting of bail;
\n(h) rules as to stay of proceedings;
\n(i) rules providing for the summary determination of any appeal which appears to the Court to be
\nfrivolous or vexatious or brought for the purpose of delay;
\n(j) rules as to the procedure for inquiries referred to in clause (1) of article 317.
\n(2) Subject to the 6
\n[provisions of 7*** clause (3)], rules made under this article may fix the minimum
\nnumber of Judges who are to sit for any purpose, and may provide for the powers of single Judges and
\nDivision Courts.
\n(3) 8
\n[
\n4***The minimum number] of Judges who are to sit for the purpose of deciding any case involving
\na substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any
\nreference under article 143 shall be five:
\nProvided that, where the Court hearing an appeal under any of the provisions of this Chapter other than
\narticle 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is<\/p>\n
1. The words, brackets and figure \u201cclause (i) of\u201d omitted by the Constitution (Seventh Amendment) Act, 1956 (w.e.f. 1-11-1956).
\n2. Subs. by ibid., for \u201csaid clause\u201d.
\n3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 3-1-1977).
\n4. Ins by the Constitution (Forty-second Amendment) Act, 1976, s. 26 (w.e.f. 1-2-1977).
\n5. Subs.by the Constitution (Forty-third Amendment) Act, 1977, s. 6, for \u201carticles 131A and 139A\u201d (w.e.f. 13-4-1978).
\n6. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for the words \u201cprovisions of clause (3)\u201d (w.e.f. 1-2-1977).
\n7. Certain words omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 6 (w.e.f. 13-4-1978).
\n8. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for \u201cThe minimum number\u201d (w.e.f. 1-2-1977).
\n65
\nsatisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution
\nthe determination of which is necessary for the disposal of the appeal, such Court shall refer the question
\nfor opinion to a Court constituted as required by this clause for the purpose of deciding any case involving
\nsuch a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion.
\n(4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be
\nmade under article 143 save in accordance with an opinion also delivered in open Court.
\n(5) No judgment and no such opinion shall be delivered by the Supreme Court save with the
\nconcurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall
\nbe deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion.
\n146. Officers and servants and the expenses of the Supreme Court.\u2014(1) Appointments of officers
\nand servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer
\nof the Court as he may direct:
\nProvided that the President may by rule require that in such cases as may be specified in the rule, no
\nperson not already attached to the Court shall be appointed to any office connected with the Court, save
\nafter consultation with the Union Public Service Commission.
\n(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and
\nservants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of
\nIndia or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules
\nfor the purpose:
\nProvided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave
\nor pensions, require the approval of the President.
\n(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions
\npayable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated
\nFund of India, and any fees or other moneys taken by the Court shall form part of that Fund.
\n147. Interpretation.\u2014In this Chapter and in Chapter V of Part VI, references to any substantial
\nquestion of law as to the interpretation of this Constitution shall be construed as including references to any
\nsubstantial question of law as to the interpretation of the Government of India Act, 1935 (including any
\nenactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or
\nof the Indian Independence Act, 1947, or of any order made thereunder.
\nCHAPTER V.\u2014COMPTROLLER AND AUDITOR-GENERAL OF INDIA
\n148. Comptroller and Auditor-General of India.\u2014(1) There shall be a Comptroller and AuditorGeneral of India who shall be appointed by the President by warrant under his hand and seal and shall only
\nbe removed from office in like manner and on the like grounds as a Judge of the Supreme Court.
\n(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters
\nupon his office, make and subscribe before the President, or some person appointed in that behalf by him,
\nan oath or affirmation according to the form set out for the purpose in the Third Schedule.
\n(3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as
\nmay be determined by Parliament by law and, until they are so determined, shall be as specified in the
\nSecond Schedule:
\nProvided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave
\nof absence, pension or age of retirement shall be varied to his disadvantage after his appointment.
\n(4) The Comptroller and Auditor-General shall not be eligible for further office either under the
\nGovernment of India or under the Government of any State after he has ceased to hold his office.
\n(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of
\n66
\nservice of persons serving in the Indian Audit and Accounts Department and the administrative powers of
\nthe Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President
\nafter consultation with the Comptroller and Auditor-General.
\n(6) The administrative expenses of the office of the Comptroller and Auditor-General, including all
\nsalaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged
\nupon the Consolidated Fund of India.
\n149. Duties and powers of the Comptroller and Auditor-General.\u2014The Comptroller and AuditorGeneral shall perform such duties and exercise such powers in relation to the accounts of the Union and of
\nthe States and of any other authority or body as may be prescribed by or under any law made by Parliament
\nand, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation
\nto the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General
\nof India immediately before the commencement of this Constitution in relation to the accounts of the
\nDominion of India and of the Provinces respectively.
\n1
\n[150. Form of accounts of the Union and of the States.\u2014The accounts of the Union and of the States
\nshall be kept in such form as the President may, 2
\n[on the advice of] the Comptroller and Auditor-General
\nof India, prescribe.]
\n151. Audit reports.\u2014(1) The reports of the Comptroller and Auditor-General of India relating to the
\naccounts of the Union shall be submitted to the President, who shall cause them to be laid before each
\nHouse of Parliament.
\n(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall
\nbe submitted to the Governor 3*** of the State, who shall cause them to be laid before the Legislature of
\nthe State.
\nPART VI
\nTHE STATES 4***
\nCHAPTER I.\u2014GENERAL
\n152. Definition.\u2014In this Part, unless the context otherwise requires, the expression \u201cState\u201d 5
\n[does not
\ninclude the State of Jammu and Kashmir].
\nCHAPTER II.\u2014THE EXECUTIVE
\nThe Governor
\n153. Governors of States.\u2014There shall be a Governor for each State:
\n6
\n[Provided that nothing in this article shall prevent the appointment of the same person as Governor for
\ntwo or more States.]
\n154. Executive power of State.\u2014(1) The executive power of the State shall be vested in the Governor
\nand shall be exercised by him either directly or through officers subordinate to him in accordance with this
\nConstitution.
\n(2) Nothing in this article shall\u2014
\n(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other<\/p>\n
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 27 (w.e.f. 1-4-1977).
\n2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 22, for \u201cafter consultation with\u201d (w.e.f. 20-6-1979).
\n3. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n4. The words \u201cIN PART A OF THE FIRST SCHEDULE\u201d omitted by ibid.
\n5. Subs by ibid., for \u201cmeans a State specified in Part A of the first Schedule\u201d.
\n6. Added by s. 6, ibid.
\n67
\nauthority; or
\n(b) prevent Parliament or the Legislature of the State from conferring by law functions on any
\nauthority subordinate to the Governor.
\n155. Appointment of Governor.\u2014The Governor of a State shall be appointed by the President by
\nwarrant under his hand and seal.
\n156. Term of office of Governor.\u2014(1) The Governor shall hold office during the pleasure of the
\nPresident.
\n(2) The Governor may, by writing under his hand addressed to the President, resign his office.
\n(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five
\nyears from the date on which he enters upon his office:
\nProvided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until
\nhis successor enters upon his office.
\n157. Qualifications for appointment as Governor.\u2014No person shall be eligible for appointment as
\nGovernor unless he is a citizen of India and has completed the age of thirty-five years.
\n158. Conditions of Governor\u2019s office.\u2014(1) The Governor shall not be a member of either House of
\nParliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of
\neither House of Parliament or of a House of the Legislature of any such State be appointed Governor, he
\nshall be deemed to have vacated his seat in that House on the date on which he enters upon his office as
\nGovernor.
\n(2) The Governor shall not hold any other office of profit.
\n(3) The Governor shall be entitled without payment of rent to the use of his official residences and shall
\nbe also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law
\nand, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified
\nin the Second Schedule.
\n1
\n[(3A) Where the same person is appointed as Governor of two or more States, the emoluments and
\nallowances payable to the Governor shall be allocated among the States in such proportion as the President
\nmay by order determine.]
\n(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.
\n159. Oath or affirmation by the Governor.\u2014Every Governor and every person discharging the
\nfunctions of the Governor shall, before entering upon his office, make and subscribe in the presence of the
\nChief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior
\nmost Judge of that Court available, an oath or affirmation in the following form, that is to say\u2014
\n\u201cI, A. B., do swear in the name of God that I will faithfully execute the
\nsolemnly affirm
\noffice of Governor (or discharge the functions of the Governor) of ………(name of the State) and will to the
\nbest of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to
\nthe service and well-being of the people of ..\u2026\u2026(name of the State).\u201d.
\n160. Discharge of the functions of the Governor in certain contingencies.\u2014The President may make
\nsuch provision as he thinks fit for the discharge of the functions of the Governor of a State in any
\ncontingency not provided for in this Chapter.
\n161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in
\ncertain cases.\u2014The Governor of a State shall have the power to grant pardons, reprieves, respites or
\nremissions of punishment or to suspend, remit or commute the sentence of any person convicted of any<\/p>\n
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 7 (w.e.f. 1-11-1956).
\n68
\noffence against any law relating to a matter to which the executive power of the State extends.
\n162. Extent of executive power of State.\u2014Subject to the provisions of this Constitution, the executive
\npower of a State shall extend to the matters with respect to which the Legislature of the State has power to
\nmake laws:
\nProvided that in any matter with respect to which the Legislature of a State and Parliament have power
\nto make laws, the executive power of the State shall be subject to, and limited by, the executive power
\nexpressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities
\nthereof.
\nCouncil of Ministers
\n163. Council of Ministers to aid and advise Governor.\u2014(1) There shall be a Council of Ministers with
\nthe Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far
\nas he is by or under this Constitution required to exercise his functions or any of them in his discretion.
\n(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by
\nor under this Constitution required to act in his discretion, the decision of the Governor in his discretion
\nshall be final, and the validity of anything done by the Governor shall not be called in question on the
\nground that he ought or ought not to have acted in his discretion.
\n(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall
\nnot be inquired into in any court.
\n164. Other provisions as to Ministers.\u2014(1) The Chief Minister shall be appointed by the Governor
\nand the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the
\nMinisters shall hold office during the pleasure of the Governor:
\nProvided that in the States of 1
\n[Chhattisgarh, Jharkhand], Madhya Pradesh and \uf02a
\n[Odisha], there shall
\nbe a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled
\nCastes and backward classes or any other work.
\n2
\n[(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a
\nState shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that
\nState:
\nProvided that the number of Ministers, including the Chief Minister in a State shall not be less than
\ntwelve:
\nProvided further that where the total number of Ministers including the Chief Minister in the Council
\nof Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003
\nexceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the
\ntotal number of Ministers in that State shall be brought in conformity with the provisions of this clause
\nwithin six months from such date\uf02a
\nas the President may by public notification appoint.
\n(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State
\nhaving Legislative Council belonging to any political party who is disqualified for being a member of that
\nHouse under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister
\nunder clause (1) for duration of the period commencing from the date of his disqualification till the date on
\nwhich the term of his office as such member would expire or where he contests any election to the
\nLegislative Assembly of a State or either House of the Legislature of a State having Legislative Council,
\nas the case may be, before the expiry of such period, till the date on which he is declared elected, whichever
\nis earlier.]<\/p>\n
1. Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for \u201cBihar\u201d (w.e.f. 12-6-2006).
\n\uf02a Subs. by Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 4, for \u201cOrissa\u201d (w.e.f. 1-11-2011).
\n2. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3 (w.e.f. 1-1-2004).
\n\uf02a Notified vide notification S.O. No. 21(E), dated 7-1-2004.
\n69
\n(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
\n(3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office
\nand of secrecy according to the forms set out for the purpose in the Third Schedule.
\n(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the
\nState shall at the expiration of that period cease to be a Minister.
\n(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to
\ntime by law determine and, until the Legislature of the State so determines, shall be as specified in the Second
\nSchedule.
\nThe Advocate-General for the State
\n165. Advocate-General for the State.\u2014(1) The Governor of each State shall appoint a person who is
\nqualified to be appointed a Judge of a High Court to be Advocate-General for the State.
\n(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon
\nsuch legal matters, and to perform such other duties of a legal character, as may from time to time be
\nreferred or assigned to him by the Governor, and to discharge the functions conferred on him by or under
\nthis Constitution or any other law for the time being in force.
\n(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such
\nremuneration as the Governor may determine.
\nConduct of Government Business
\n166. Conduct of business of the Government of a State.\u2014(1) All executive action of the Government
\nof a State shall be expressed to be taken in the name of the Governor.
\n(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated
\nin such manner as may be specified in rules to be made by the Governor, and the validity of an order or
\ninstrument which is so authenticated shall not be called in question on the ground that it is not an order or
\ninstrument made or executed by the Governor.
\n(3) The Governor shall make rules for the more convenient transaction of the business of the Government
\nof the State, and for the allocation among Ministers of the said business in so far as it is not business with
\nrespect to which the Governor is by or under this Constitution required to act in his discretion.
\n1
\n[* * * * *]
\n167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.\u2014It shall
\nbe the duty of the Chief Minister of each State\u2014
\n(a) to communicate to the Governor of the State all decisions of the Council of Ministers relating
\nto the administration of the affairs of the State and proposals for legislation;
\n(b) to furnish such information relating to the administration of the affairs of the State and proposals
\nfor legislation as the Governor may call for; and
\n(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any
\nmatter on which a decision has been taken by a Minister but which has not been considered by the
\nCouncil.
\nCHAPTER III.\u2014THE STATE LEGISLATURE
\nGeneral
\n168. Constitution of Legislatures in States.\u2014(1) For every State there shall be a Legislature which
\nshall consist of the Governor, and\u2014<\/p>\n
1. Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 28 (w.e.f. 3-1-1977) and omitted by the Constitution
\n(Forty-fourth Amendment) Act, 1978, s. 23 (w.e.f. 20-6-1979).
\n70
\n(a) in the States of 1*** 2
\n[Andhra Pradesh], Bihar,3*** 4
\n[Madhya Pradesh], 5*** 6
\n[Maharashtra],
\n7
\n[Karnataka],
\n8*** 9
\n[
\n10Tamil Nadu, Telangana] 11[and Uttar Pradesh], two Houses;
\n(b) in other States, one House.
\n(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative
\nCouncil and the other as the Legislative Assembly, and where there is only one House, it shall be known as
\nthe Legislative Assembly.
\n169. Abolition or creation of Legislative Councils in States.\u2014(1) Notwithstanding anything in article
\n168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a
\nCouncil or for the creation of such a Council in a State having no such Council, if the Legislative Assembly
\nof the State passes a resolution to that effect by a majority of the total membership of the Assembly and by
\na majority of not less than two-thirds of the members of the Assembly present and voting.
\n(2) Any law referred to in clause (1) shall contain such provisions for the amendment of this
\nConstitution as may be necessary to give effect to the provisions of the law and may also contain such
\nsupplemental, incidental and consequential provisions as Parliament may deem necessary.
\n(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes
\nof article 368.
\n12[170. Composition of the Legislative Assemblies.\u2014(1) Subject to the provisions of article 333, the
\nLegislative Assembly of each State shall consist of not more than five hundred, and not less than sixty,
\nmembers chosen by direct election from territorial constituencies in the State.
\n(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such
\nmanner that the ratio between the population of each constituency and the number of seats allotted to it
\nshall, so far as practicable, be the same throughout the State.
\n13[Explanation.\u2014In this clause, the expression \u201cpopulation\u201d means the population as ascertained at the
\nlast preceding census of which the relevant figures have been published:
\nProvided that the reference in this Explanation to the last preceding census of which the relevant figures
\nhave been published shall, until the relevant figures for the first census taken after the year 14[2026] have
\nbeen published, be construed as a reference to the 15[2001] census.]
\n(3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each
\nState and the division of each State into territorial constituencies shall be readjusted by such authority and
\nin such manner as Parliament may by law determine:<\/p>\n
1. The words \u201cAndhra Pradesh,\u201d omitted by the Andhra Pradesh Legislative Council (Abolition) Act, 1985 (34 of 1985), s. 4
\n(w.e.f. 1-6-1985).
\n2. Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1of 2006), s. 3 (w.e.f. 30-3-2007).
\n3. The word \u201cBombay\u201d omitted by the Bombay Reorganisation Act, 1960, s. 20 (11 of 1960) (w.e.f. 1-5-1960).
\n4. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 8 (date yet to be notified).
\n5. The words \u201cTamil Nadu\u201d, omitted by the Tamil Nadu Legislative Council (Abolition) Act, 1986 (40 of 1986), s. 4
\n(w.e.f. 1-11- 1986).
\n6. Ins. by the Bombay Reorganisation Act, 1960, (11 of 1960), s. 20 (w.e.f. 1-5-1960).
\n7. Subs. by the Mysore States (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for \u201cMysore\u201d (w.e.f. 1-11-1973), which was ins.
\nby the Constitution (Seventh Amendment) Act, 1956, s. 8 (1).
\n8. The word, \u201cPunjab,\u201d omitted by the Punjab Legislative Council (Abolition) Act, 1969 (46 of 1969), s. 4 (w.e.f. 7-1-1917).
\n9. Ins. by Tamil Nadu Legislative Council Act, 2010 (16 of 2010), s. 3 (date yet to be notified).
\n10. Subs. by Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 96, for \u201cTamil Nadu\u201d (w.e.f. 1-6-2014).
\n11. Subs. by the West Bengal Council (Abolition) Act, 1969 (20 of 1969), s. 4, for \u201cUttar Pradesh and West Bengal\u201d
\n(w.e.f. 1-8-1969).
\n12. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9 (w.e.f. 1-11-1956).
\n13. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 29, for Explanation (w.e.f. 3-1-1977).
\n14. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for \u201c2000\u201d (w.e.f. 21-2-2002).
\n15. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for \u201c1991\u201d (w.e.f. 22-6-2003). The figures \u201c1991\u201d were
\nsubs. for the original figures \u201c1971\u201d by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5 (w.e.f. 21-2-2002).
\n71
\nProvided that such readjustment shall not affect representation in the Legislative Assembly until the
\ndissolution of the then existing Assembly:
\n1
\n[Provided further that such readjustment shall take effect from such date as the President may, by
\norder, specify and until such readjustment takes effect, any election to the Legislative Assembly may be
\nheld on the basis of the territorial constituencies existing before such readjustment:
\nProvided also that until the relevant figures for the first census taken after the year 2
\n[2026] have been
\npublished, it shall not be necessary to 3
\n[readjust\u2014
\n(i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of
\nthe 1971 census; and
\n(ii) the division of such State into territorial constituencies as may be readjusted on the basis of the
\n2
\n[2001] census,
\nunder this clause.]
\n171. Composition of the Legislative Councils.\u2014(1) The total number of members in the Legislative
\nCouncil of a State having such a Council shall not exceed 4
\n[one third] of the total number of members in
\nthe Legislative Assembly of that State:
\nProvided that the total number of members in the Legislative Council of a State shall in no case be less
\nthan forty.
\n(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State
\nshall be as provided in clause (3).
\n(3) Of the total number of members of the Legislative Council of a State\u2014
\n(a) as nearly as may be, one-third shall be elected by electorates consisting of members of
\nmunicipalities, district boards and such other local authorities in the State as Parliament may by law
\nspecify;
\n(b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing
\nin the State who have been for at least three years graduates of any university in the territory of India
\nor have been for at least three years in possession of qualifications prescribed by or under any law made
\nby Parliament as equivalent to that of a graduate of any such university;
\n(c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have
\nbeen for at least three years engaged in teaching in such educational institutions within the State, not
\nlower in standard than that of a secondary school, as may be prescribed by or under any law made by
\nParliament;
\n(d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly
\nof the State from amongst persons who are not members of the Assembly;
\n(e) the remainder shall be nominated by the Governor in accordance with the provisions of
\nclause (5).
\n(4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such
\nterritorial constituencies as may be prescribed by or under any law made by Parliament, and the elections
\nunder the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the
\nsystem of proportional representation by means of the single transferable vote.<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 29 (w.e.f. 3-1-1977).
\n2. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for \u201c1991\u201d. The figures \u201c1991\u201d were substituted for the
\noriginal figures \u201c1971\u201d by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5 (w.e.f. 21-2-2002).
\n3. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for certain words (w.e.f. 21-2-2002).
\n4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for \u201cone-fourth\u201d (w.e.f. 1-11-1956).
\n72
\n(5) The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of
\npersons having special knowledge or practical experience in respect of such matters as the following,
\nnamely:\u2014
\nLiterature, science, art, co-operative movement and social service.
\n172. Duration of State Legislatures.\u2014(1) Every Legislative Assembly of every State, unless sooner
\ndissolved, shall continue for five years from the date appointed for its first meeting and no longer and the
\nexpiration of the said period of 1
\n[five years] shall operate as a dissolution of the Assembly:
\nProvided that the said period may, while a Proclamation of Emergency is in operation, be extended by
\nParliament by law for a period not exceeding one year at a time and not extending in any case beyond a
\nperiod of six months after the Proclamation has ceased to operate.
\n(2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible onethird of the members thereof shall retire as soon as may be on the expiration of every second year in
\naccordance with the provisions made in that behalf by Parliament by law.
\n173. Qualification for membership of the State Legislature.\u2014A person shall not be qualified to be
\nchosen to fill a seat in the Legislature of a State unless he\u2014
\n2
\n[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf
\nby the Election Commission an oath or affirmation according to the form set out for the purpose in the
\nThird Schedule;]
\n(b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and,
\nin the case of a seat in the Legislative Council, not less than thirty years of age; and
\n(c) possesses such other qualifications as may be prescribed in that behalf by or under any law
\nmade by Parliament.
\n3
\n[174. Sessions of the State Legislature, prorogation and dissolution.\u2014(1) The Governor shall from
\ntime to time summon the House or each House of the Legislature of the State to meet at such time and place
\nas he thinks fit, but six months shall not intervene between its last sitting in one session and the date
\nappointed for its first sitting in the next session.
\n(2) The Governor may from time to time\u2014
\n(a) prorogue the House or either House;
\n(b) dissolve the Legislative Assembly.]
\n175. Right of Governor to address and send messages to the House or Houses.\u2014(1) The Governor
\nmay address the Legislative Assembly or, in the case of a State having a Legislative Council, either House
\nof the Legislature of the State, or both Houses assembled together, and may for that purpose require the
\nattendance of members.
\n(2) The Governor may send messages to the House or Houses of the Legislature of the State, whether
\nwith respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so
\nsent shall with all convenient dispatch consider any matter required by the message to be taken into
\nconsideration.
\n176. Special address by the Governor.\u2014(1) At the commencement of 4
\n[the first session after each
\ngeneral election to the Legislative Assembly and at the commencement of the first session of each year],<\/p>\n
1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 24 for the words \u201csix years\u201d (w.e.f. 6-9-1979). The words
\n\u201csix years\u201d were subs. for the original words \u201cfive years\u201d by the Constitution (Forty-second Amendment) Act, 1976, s. 30 (w.e.f.
\n3-1-1977).
\n2. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4 (w.e.f. 5-10-1963).
\n3. Subs. by the Constitution (First Amendment) Act, 1951, s. 8 (w.e.f. 18-6-1951).
\n4. Subs. by ibid., \u201cfor every session\u2019\u2019.
\n73
\nthe Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council,
\nboth Houses assembled together and inform the Legislature of the causes of its summons.
\n(2) Provision shall be made by the rules regulating the procedure of the House or either House for the
\nallotment of time for discussion of the matters referred to in such address 1***
\n.
\n177. Rights of Ministers and Advocate-General as respects the Houses.\u2014Every Minister and the
\nAdvocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings
\nof, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses,
\nand to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which
\nhe may be named a member, but shall not, by virtue of this article, be entitled to vote.
\nOfficers of the State Legislature
\n178. The Speaker and Deputy Speaker of the Legislative Assembly.\u2014Every Legislative Assembly
\nof a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and
\nDeputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the
\nAssembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.
\n179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy
\nSpeaker.\u2014A member holding office as Speaker or Deputy Speaker of an Assembly\u2014
\n(a) shall vacate his office if he ceases to be a member of the Assembly;
\n(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the
\nDeputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
\n(c) may be removed from his office by a resolution of the Assembly passed by a majority of all the
\nthen members of the Assembly:
\nProvided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen
\ndays\u2019 notice has been given of the intention to move the resolution:
\nProvided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office
\nuntil immediately before the first meeting of the Assembly after the dissolution.
\n180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act
\nas, Speaker.\u2014(1) While the office of Speaker is vacant, the duties of the office shall be performed by the
\nDeputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the
\nGovernor may appoint for the purpose.
\n(2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is
\nalso absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such
\nperson is present, such other person as may be determined by the Assembly, shall act as Speaker.
\n181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from
\noffice is under consideration.\u2014(1) At any sitting of the Legislative Assembly, while any resolution for
\nthe removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for
\nthe removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not,
\nthough he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every
\nsuch sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy
\nSpeaker, is absent.
\n(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the<\/p>\n
1. The words \u201cand for the precedence of such discussion over other business of the House\u201d omitted by the Constitution (First
\nAmendment) Act, 1951, s. 9 (w.e.f. 18-6-1951).
\n74
\nLegislative Assembly while any resolution for his removal from office is under consideration in the
\nAssembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on
\nsuch resolution or on any other matter during such proceedings but not in the case of an equality of votes.
\n182. The Chairman and Deputy Chairman of the Legislative Council.\u2014The Legislative Council of
\nevery State having such Council shall, as soon as may be, choose two members of the Council to be
\nrespectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy
\nChairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman,
\nas the case may be.
\n183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy
\nChairman.\u2014A member holding office as Chairman or Deputy Chairman of a Legislative Council\u2014
\n(a) shall vacate his office if he ceases to be a member of the Council;
\n(b) may at any time by writing under his hand addressed, if such member is the Chairman, to the
\nDeputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and
\n(c) may be removed from his office by a resolution of the Council passed by a majority of all the
\nthen members of the Council:
\nProvided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days\u2019
\nnotice has been given of the intention to move the resolution.
\n184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to
\nact as, Chairman.\u2014(1) While the office of Chairman is vacant, the duties of the office shall be performed
\nby the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the Council
\nas the Governor may appoint for the purpose.
\n(2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he
\nis also absent, such person as may be determined by the rules of procedure of the Council, or, if no such
\nperson is present, such other person as may be determined by the Council, shall act as Chairman.
\n185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal
\nfrom office is under consideration.\u2014(1) At any sitting of the Legislative Council, while any resolution
\nfor the removal of the Chairman from his office is under consideration, the Chairman, or while any
\nresolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy
\nChairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply
\nin relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case
\nmay be, the Deputy Chairman is absent.
\n(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the
\nLegislative Council while any resolution for his removal from office is under consideration in the Council
\nand shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such
\nresolution or on any other matter during such proceedings but not in the case of an equality of votes.
\n186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy
\nChairman.\u2014There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and
\nto the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may
\nbe respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made,
\nsuch salaries and allowances as are specified in the Second Schedule.
\n187. Secretariat of State Legislature.\u2014(1) The House or each House of the Legislature of a State
\nshall have a separate secretarial staff:
\nProvided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative
\nCouncil, be construed as preventing the creation of posts common to both Houses of such Legislature.
\n75
\n(2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of
\npersons appointed, to the secretarial staff of the House or Houses of the Legislature of the State.
\n(3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after
\nconsultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the
\ncase may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the
\nsecretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions
\nof any law made under the said clause.
\nConduct of Business
\n188. Oath or affirmation by members.\u2014Every member of the Legislative Assembly or the
\nLegislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or
\nsome person appointed in that behalf by him, an oath or affirmation according to the form set out for the
\npurpose in the Third Schedule.
\n189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.\u2014(1) Save
\nas otherwise provided in this Constitution, all questions at any sitting of a House of the Legislature of a
\nState shall be determined by a majority of votes of the members present and voting, other than the Speaker
\nor Chairman, or person acting as such.
\nThe Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have
\nand exercise a casting vote in the case of an equality of votes.
\n(2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the
\nmembership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that
\nit is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took
\npart in the proceedings.
\n(3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of
\na House of the Legislature of a State shall be ten members or one-tenth of the total number of members of
\nthe House, whichever is greater.
\n(4) If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State
\nthere is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to
\nadjourn the House or to suspend the meeting until there is a quorum.
\nDisqualifications of Members
\n190. Vacation of seats.\u2014(1) No person shall be a member of both Houses of the Legislature of a State
\nand provision shall be made by the Legislature of the State by law for the vacation by a person who is
\nchosen a member of both Houses of his seat in one house or the other.
\n(2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule
\nand if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration
\nof such period as may be specified in rules1 made by the President, that person\u2019s seat in the Legislatures of
\nall such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but
\none of the States.
\n(3) If a member of a House of the Legislature of a State\u2014
\n(a) becomes subject to any of the disqualifications mentioned in 2
\n[clause (1) or clause (2) of article
\n191]; or
\n3
\n[(b) resigns his seat by writing under his hand addressed to the speaker or the Chairman, as the
\ncase may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be, his<\/p>\n
1. See the Prohibition of Simultaneous Membership Rules, 1950 published by the Ministry of Law notification No. F. 46\/
\n50-C, dated the 26th January, 1950, Gazette of India, Extraordinary, p. 678.
\n2. Subs. by the Constitution (Fifty-Second Amendment) Act, 1985, s. 4, for \u201cclause (1) of article 191 \u201d (w.e.f. 1-3-1985).
\n3. Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3, for sub-clause (b) (w.e.f. 19-5-1974).
\n76
\nseat shall thereupon become vacant:]
\n1
\n[Provided that in the case of any resignation referred to in sub-clause (b), if from information received
\nor otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be,
\nis satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]
\n(4) If for a period of sixty days a member of a House of the Legislature of a State is without permission
\nof the House absent from all meetings thereof, the House may declare his seat vacant:
\nProvided that in computing the said period of sixty days no account shall be taken of any period during
\nwhich the House is prorogued or is adjourned for more than four consecutive days.
\n191. Disqualifications for membership.\u2014(1) A person shall be disqualified for being chosen as, and
\nfor being, a member of the Legislative Assembly or Legislative Council of a State\u2014
\n2
\n[(a) if he holds any office of profit under the Government of India or the Government of any State
\nspecified in the First Schedule, other than an office declared by the Legislature of the State by law not
\nto disqualify its holder;]
\n(b) if he is of unsound mind and stands so declared by a competent court;
\n(c) if he is an undischarged insolvent;
\n(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is
\nunder any acknowledgment of allegiance or adherence to a foreign State;
\n(e) if he is so disqualified by or under any law made by Parliament.
\n3
\n[Explanation.\u2014For the purposes of this clause], a person shall not be deemed to hold an office of
\nprofit under the Government of India or the Government of any State specified in the First Schedule by
\nreason only that he is a Minister either for the Union or for such State.
\n4
\n[(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative
\nCouncil of a State if he is so disqualified under the Tenth Schedule.]
\n5
\n[192. Decision on questions as to disqualifications of members.\u2014(1) If any question arises as to
\nwhether a member of a House of the Legislature of a State has become subject to any of the disqualifications
\nmentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and
\nhis decision shall be final.
\n(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the
\nElection Commission and shall act according to such opinion.]
\n193. Penalty for sitting and voting before making oath or affirmation under article 188 or when
\nnot qualified or when disqualified.\u2014If a person sits or votes as a member of the Legislative Assembly or<\/p>\n
1. Ins. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3, for sub-clause (b) (w.e.f. 19-5-1974).
\n2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 32 to read as \u201c(a) if he holds any such office of profit under
\nthe Government of India or the Government of any State specified in the First Schedule as is declared by Parliament by law to
\ndisqualify its holder\u201d (date yet to be notified).
\n3. Subs. by the Constitution (Fifty-Second Amendment) Act, 1985, s. 5, for \u201c(2) the purposes of this article\u201d (w.e.f. 1-3-1985).
\n4. Ins. by ibid.
\n5. Art. 192 has been successively subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 33 (w.e.f. 3-1-1977) and the
\nConstitution (Forty-fourth Amendment) Act, 1978, s. 25 to read as above (w.e.f. 20-6-1979).
\n77
\nthe Legislative Council of a State before he has complied with the requirements of article 188, or when he
\nknows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from
\nso doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable
\nin respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a
\ndebt due to the State.
\nPowers, Privileges and Immunities of State Legislatures and their Members
\n194. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees
\nthereof.\u2014(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating
\nthe procedure of the Legislature, there shall be freedom of speech in the Legislature of every State.
\n(2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect
\nof anything said or any vote given by him in the Legislature or any committee thereof, and no person shall
\nbe so liable in respect of the publication by or under the authority of a House of such a Legislature of any
\nreport, paper, votes or proceedings.
\n(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State,
\nand of the members and the committees of a House of such Legislature, shall be such as may from time to
\ntime be defined by the Legislature by law, and, until so defined, 1
\n[shall be those of that House and of its
\nmembers and committees immediately before the coming into force of section 26 of the Constitution (Fortyfourth Amendment) Act, 1978.]
\n(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this
\nConstitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the
\nLegislature of a State or any committee thereof as they apply in relation to members of that Legislature.
\n195. Salaries and allowances of members.\u2014Members of the Legislative Assembly and the
\nLegislative Council of a State shall be entitled to receive such salaries and allowances as may from time to
\ntime be determined, by the Legislature of the State by law and, until provision in that respect is so made,
\nsalaries and allowances at such rates and upon such conditions as were immediately before the
\ncommencement of this Constitution applicable in the case of members of the Legislative Assembly of the
\ncorresponding Province.
\nLegislative Procedure
\n196. Provisions as to introduction and passing of Bills.\u2014(1) Subject to the provisions of articles 198
\nand 207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the
\nLegislature of a State which has a Legislative Council.
\n(2) Subject to the provisions of articles 197 and 198, a Bill shall not be deemed to have been passed by
\nthe Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both
\nHouses, either without amendment or with such amendments only as are agreed to by both Houses.
\n(3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House
\nor Houses thereof.
\n(4) A Bill pending in the Legislative Council of a State which has not been passed by the Legislative
\nAssembly shall not lapse on a dissolution of the Assembly.
\n(5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by
\nthe Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.
\n197. Restriction on powers of Legislative Council as to Bills other than Money Bills.\u2014(1) If after<\/p>\n
1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 26, for certain words (w.e.f. 20-6-1979).
\n78
\na Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted
\nto the Legislative Council\u2014
\n(a) the Bill is rejected by the Council; or
\n(b) more than three months elapse from the date on which the Bill is laid before the Council without
\nthe Bill being passed by it; or
\n(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not
\nagree;
\nthe Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same
\nor in any subsequent session with or without such amendments, if any, as have been made, suggested or
\nagreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council.
\n(2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted
\nto the Legislative Council\u2014
\n(a) the Bill is rejected by the Council; or
\n(b) more than one month elapses from the date on which the Bill is laid before the Council without
\nthe Bill being passed by it; or
\n(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not
\nagree;
\nthe Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in
\nwhich it was passed by the Legislative Assembly for the second time with such amendments, if any, as have
\nbeen made or suggested by the Legislative Council and agreed to by the Legislative Assembly.
\n(3) Nothing in this article shall apply to a Money Bill.
\n198. Special procedure in respect of Money Bills.\u2014(1) A Money Bill shall not be introduced in a
\nLegislative Council.
\n(2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative
\nCouncil, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council
\nshall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative
\nAssembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all
\nor any of the recommendations of the Legislative Council.
\n(3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the
\nMoney Bill shall be deemed to have been passed by both Houses with the amendments recommended by
\nthe Legislative Council and accepted by the Legislative Assembly.
\n(4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council,
\nthe Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by
\nthe Legislative Assembly without any of the amendments recommended by the Legislative Council.
\n(5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for
\nits recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it
\nshall be deemed to have been passed by both Houses at the expiration of the said period in the form in
\nwhich it was passed by the Legislative Assembly.
\n199. Definition of \u201cMoney Bills\u201d.\u2014(1) For the purposes of this Chapter, a Bill shall be deemed to be
\na Money Bill if it contains only provisions dealing with all or any of the following matters, namely:\u2014
\n79
\n(a) the imposition, abolition, remission, alteration or regulation of any tax;
\n(b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the
\namendment of the law with respect to any financial obligations undertaken or to be undertaken by the
\nState;
\n(c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of
\nmoneys into or the withdrawal of moneys from any such Fund;
\n(d) the appropriation of moneys out of the Consolidated Fund of the State;
\n(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the
\nState, or the increasing of the amount of any such expenditure;
\n(f) the receipt of money on account of the Consolidated Fund of the State or the public account of
\nthe State or the custody or issue of such money; or
\n(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
\n(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of
\nfines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services
\nrendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of
\nany tax by any local authority or body for local purposes.
\n(3) If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative
\nCouncil is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State
\nthereon shall be final.
\n(4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under
\narticle 198, and when it is presented to the Governor for assent under article 200, the certificate of the
\nSpeaker of the Legislative Assembly signed by him that it is a Money Bill.
\n200. Assent to Bills.\u2014When a Bill has been passed by the Legislative Assembly of a State or, in the
\ncase of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State,
\nit shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that
\nhe withholds assent therefrom or that he reserves the Bill for the consideration of the President:
\nProvided that the Governor may, as soon as possible after the presentation to him of the Bill for assent,
\nreturn the Bill if it is not a Money Bill together with a message requesting that the House or Houses will
\nreconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of
\nintroducing any such amendments as he may recommend in his message and, when a Bill is so returned,
\nthe House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or
\nHouses with or without amendment and presented to the Governor for assent, the Governor shall not
\nwithhold assent therefrom:
\nProvided further that the Governor shall not assent to, but shall reserve for the consideration of the
\nPresident, any Bill which in the opinion of the Governor would, if it became law, so derogate from the
\npowers of the High Court as to endanger the position which that Court is by this Constitution designed to
\nfill.
\n201. Bills reserved for consideration.\u2014When a Bill is reserved by a Governor for the consideration
\nof the President, the President shall declare either that he assents to the Bill or that he withholds assent
\ntherefrom:
\nProvided that, where the Bill is not a Money Bill, the President may direct the Governor to return the
\nBill to the House or, as the case may be, the Houses of the Legislature of the State together with such a
\n80
\nmessage as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or
\nHouses shall reconsider it accordingly within a period of six months from the date of receipt of such
\nmessage and, if it is again passed by the House or Houses with or without amendment, it shall be presented
\nagain to the President for his consideration.
\nProcedure in Financial Matters
\n202. Annual financial statement.\u2014(1) The Governor shall in respect of every financial year cause to
\nbe laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and
\nexpenditure of the State for that year, in this Part referred to as the \u201cannual financial statement\u201d.
\n(2) The estimates of expenditure embodied in the annual financial statement shall show separately\u2014
\n(a) the sums required to meet expenditure described by this Constitution as expenditure charged
\nupon the Consolidated Fund of the State; and
\n(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund
\nof the State;
\nand shall distinguish expenditure on revenue account from other expenditure.
\n(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State\u2014
\n(a) the emoluments and allowances of the Governor and other expenditure relating to his office;
\n(b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly
\nand, in the case of a State having a Legislative Council, also of the Chairman and the Deputy Chairman
\nof the Legislative Council;
\n(c) debt charges for which the State is liable including interest, sinking fund charges and redemption
\ncharges, and other expenditure relating to the raising of loans and the service and redemption of debt;
\n(d) expenditure in respect of the salaries and allowances of Judges of any High Court;
\n(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
\n(f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to
\nbe so charged.
\n203. Procedure in Legislature with respect to estimates.\u2014(1) So much of the estimates as relates to
\nexpenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the
\nLegislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the
\nLegislature of any of those estimates.
\n(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of
\ndemands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent,
\nor to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount
\nspecified therein.
\n(3) No demand for a grant shall be made except on the recommendation of the Governor.
\n204. Appropriation Bills.\u2014(1) As soon as may be after the grants under article 203 have been made
\nby the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated
\n81
\nFund of the State of all moneys required to meet\u2014
\n(a) the grants so made by the Assembly; and
\n(b)the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the
\namount shown in the statement previously laid before the House or Houses.
\n(2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature
\nof the State which will have the effect of varying the amount or altering the destination of any grant so
\nmade or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the
\ndecision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.
\n(3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn from the
\nConsolidated Fund of the State except under appropriation made by law passed in accordance with the
\nprovisions of this article.
\n205. Supplementary, additional or excess grants.\u2014(1) The Governor shall\u2014
\n(a) if the amount authorised by any law made in accordance with the provisions of article 204 to
\nbe expended for a particular service for the current financial year is found to be insufficient for the
\npurposes of that year or when a need has arisen during the current financial year for supplementary or
\nadditional expenditure upon some new service not contemplated in the annual financial statement for
\nthat year, or
\n(b) if any money has been spent on any service during a financial year in excess of the amount
\ngranted for that service and for that year,
\ncause to be laid before the House or the Houses of the Legislature of the State another statement showing
\nthe estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State
\na demand for such excess, as the case may be.
\n(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and
\nexpenditure or demand and also to any law to be made authorising the appropriation of moneys out of the
\nConsolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they
\nhave effect in relation to the annual financial statement and the expenditure mentioned therein or to a
\ndemand for a grant and the law to be made for the authorisation of appropriation of moneys out of the
\nConsolidated Fund of the State to meet such expenditure or grant.
\n206. Votes on account, votes of credit and exceptional grants.\u2014(1) Notwithstanding anything in the
\nforegoing provisions of this Chapter, the Legislative Assembly of a State shall have power\u2014
\n(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial
\nyear pending the completion of the procedure prescribed in article 203 for the voting of such grant and
\nthe passing of the law in accordance with the provisions of article 204 in relation to that expenditure;
\n(b) to make a grant for meeting an unexpected demand upon the resources of the State when on
\naccount of the magnitude or the indefinite character of the service the demand cannot be stated with the
\ndetails ordinarily given in an annual financial statement;
\n(c) to make an exceptional grant which forms no part of the current service of any financial year;
\nand the Legislature of the State shall have power to authorise by law the withdrawal of moneys from the
\nConsolidated Fund of the State for the purposes for which the said grants are made.
\n(2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under
\nclause (1) and to any law to be made under that clause as they have effect in relation to the making of a
\ngrant with regard to any expenditure mentioned in the annual financial statement and the law to be made
\n82
\nfor the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such
\nexpenditure.
\n207. Special provisions as to financial Bills.\u2014(1) A Bill or amendment making provision for any of
\nthe matters specified in sub-clauses (a) to (f)of clause (1) of article 199 shall not be introduced or moved
\nexcept on the recommendation of the Governor, and a Bill making such provision shall not be introduced
\nin a Legislative Council:
\nProvided that no recommendation shall be required under this clause for the moving of an amendment
\nmaking provision for the reduction or abolition of any tax.
\n(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by
\nreason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or
\npayment of fees for licences or fees for services rendered, or by reason that it provides for the imposition,
\nabolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
\n(3) A Bill which, if enacted and brought into operation, would involve expenditure from the
\nConsolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the
\nGovernor has recommended to that House the consideration of the Bill.
\nProcedure Generally
\n208. Rules of procedure.\u2014(1) A House of the Legislature of a State may make rules for regulating,
\nsubject to the provisions of this Constitution, its procedure1*** and the conduct of its business.
\n(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately
\nbefore the commencement of this Constitution with respect to the Legislature for the corresponding Province
\nshall have effect in relation to the Legislature of the State subject to such modifications and adaptations as
\nmay be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council,
\nas the case may be.
\n(3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the
\nLegislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure
\nwith respect to communications between the two Houses.
\n209. Regulation by law of procedure in the Legislature of the State in relation to financial
\nbusiness.\u2014The Legislature of a State may, for the purpose of the timely completion of financial business,
\nregulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of
\nthe State in relation to any financial matter or to any Bill for the appropriation of moneys out of the
\nConsolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with
\nany rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or
\nwith any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that
\narticle, such provision shall prevail.
\n210. Language to be used in the Legislature.\u2014(1) Notwithstanding anything in Part XVII, but subject
\nto the provisions of article 348, business in the Legislature of a State shall be transacted in the official
\nlanguage or languages of the State or in Hindi or in English:
\nProvided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or
\nperson acting as such, as the case may be, may permit any member who cannot adequately express himself
\nin any of the languages aforesaid to address the House in his mother-tongue.
\n(2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expiration
\nof a period of fifteen years from the commencement of this Constitution, have effect as if the words \u201cor in
\nEnglish\u201d were omitted therefrom:<\/p>\n
1. The brackets and words \u201c(including the quorum to constitute a meeting of the House)\u201d ins. by the Constitution (Forty-second
\nAmendment) Act, 1976, s. 35 (date yet to be notified).
\n83
\n1
\n[Provided that in relation to the 2
\n[Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya
\nand Tripura] this clause shall have effect as if for the words \u201cfifteen years\u201d occurring therein, the words
\n\u201ctwenty-five years\u201d were substituted:]
\n3
\n[Provided further that in relation to the 4
\n[Legislatures of the States of 5
\n[Arunachal Pradesh, Goa and
\nMizoram]], this clause shall have effect as if for the words “fifteen years” occurring therein, the words
\n“forty years” were substituted.]
\n211. Restriction on discussion in the Legislature.\u2014No discussion shall take place in the Legislature
\nof a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge
\nof his duties.
\n212. Courts not to inquire into proceedings of the Legislature.\u2014(1) The validity of any proceedings
\nin the Legislature of a State shall not be called in question on the ground of any alleged irregularity of
\nprocedure.
\n(2) No officer or member of the Legislature of a State in whom powers are vested by or under this
\nConstitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature
\nshall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
\nCHAPTER IV.\u2014LEGISLATIVE POWER OF THE GOVERNOR
\n213. Power of Governor to promulgate Ordinances during recess of Legislature.\u2014(1) If at any
\ntime, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council
\nin a State, except when both Houses of the Legislature are in session, the Governor is satisfied that
\ncircumstances exist which render it necessary for him to take immediate action, he may promulgate such
\nOrdinances as the circumstances appear to him to require:
\nProvided that the Governor shall not, without instructions from the President, promulgate any such
\nOrdinance if\u2014
\n(a) a Bill containing the same provisions would under this Constitution have required the previous
\nsanction of the President for the introduction thereof into the Legislature; or
\n(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the
\nconsideration of the President; or
\n(c) an Act of the Legislature of the State containing the same provisions would under this
\nConstitution have been invalid unless, having been reserved for the consideration of the President, it
\nhad received the assent of the President.
\n(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the
\nLegislature of the State assented to by the Governor, but every such Ordinance\u2014
\n(a)shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council
\nin the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the
\nreassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is
\npassed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing
\nof the resolution or, as the case may be, on the resolution being agreed to by the Council; and<\/p>\n
1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971).
\n2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) s. 71, for \u201c Legislature of the State of Himachal
\nPradesh\u201d (w.e.f. 21-1-1972).
\n3. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).
\n4. Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for \u201cLegislature of the State of Mizoram\u201d (w.e.f. 30-
\n5-1987).
\n5. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for \u201cArunachal Pradesh and Mizoram\u201d
\n(w.e.f. 30-5-1987).
\n84
\n(b) may be withdrawn at any time by the Governor.
\nExplanation.\u2014Where the Houses of the Legislature of a State having a Legislative Council are
\nsummoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of
\nthose dates for the purposes of this clause.
\n(3) If and so far as an Ordinance under this article makes any provision which would not be valid if
\nenacted in an Act of the Legislature of the State assented to by the Governor, it shall be void:
\nProvided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of
\nthe Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a
\nmatter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of
\ninstructions from the President shall be deemed to be an Act of the Legislature of the State which has been
\nreserved for the consideration of the President and assented to by him.
\n1
\n(4)* * * * *
\nCHAPTER V.\u2014THE HIGH COURTS IN THE STATES
\n214. High Courts for States.\u20142***There shall be a High Court for each State.
\n3
\n[* * * * *]
\n215. High Courts to be courts of record.\u2014Every High Court shall be a court of record and shall have
\nall the powers of such a court including the power to punish for contempt of itself.
\n216. Constitution of High Courts.\u2014Every High Court shall consist of a Chief Justice and such other
\nJudges as the President may from time to time deem it necessary to appoint.
\n4
\n[* * * * *]
\n217. Appointment and conditions of the office of a Judge of a High Court.\u2014(1) Every Judge of a
\nHigh Court shall be appointed by the President by warrant under his hand and seal 5
\n[on the recommendation
\nof the National Judicial Appointments Commission referred to in article 124A], and 6
\n[shall hold office, in
\nthe case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains
\nthe age of 7
\n[sixty-two years]:]
\nProvided that\u2014
\n(a) a Judge may, by writing under his hand addressed to the President, resign his office;
\n(b) a Judge may be removed from his office by the President in the manner provided in clause (4)
\nof article 124 for the removal of a Judge of the Supreme Court;
\n(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of
\nthe Supreme Court or by his being transferred by the President to any other High Court within the
\nterritory of India.
\n(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of
\nIndia and\u2014<\/p>\n
1. Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3 (retrospectively) and omitted by the Constitution
\n(Forty-fourth Amendment) Act, 1978, s. 27 to read as above (w.e.f. 20-6-1979).
\n2. The brackets and figures \u201c(1)\u201domitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n3. Cls. (2) and (3) omitted by ibid.
\n4. Proviso omitted by s. 11, ibid.
\n5. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 6, for certain words (w.e.f. 13-4-2015). This amendment has
\nbeen struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record
\nAssociation and Another Vs. Union of India reported in AIR 2016 SC 117.
\n6. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for \u201cshall hold office until he attains the age of sixty years\u201d
\n(w.e.f. 1-11-1956).
\n7. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4, for \u201csixty years\u201d (w.e.f. 5-10-1963).
\n85
\n(a) has for at least ten years held a judicial office in the territory of India; or
\n(b) has for at least ten years been an advocate of a High Court 1*** or of two or more such Courts
\nin succession; 1***
\n2
\n(c) * * * * *
\nExplanation.\u2014For the purposes of this clause\u2014
\n3
\n[(a)in computing the period during which a person has held judicial office in the territory of India,
\nthere shall be included any period, after he has held any judicial office, during which the person has
\nbeen an advocate of a High Court or has held the office of a member of a tribunal or any post, under
\nthe Union or a State, requiring special knowledge of law;]
\n4
\n[(aa)]in computing the period during which a person has been an advocate of a High Court, there
\nshall be included any period during which the person 5
\n[has held judicial office or the office of a member
\nof a tribunal or any post, under the Union or a State, requiring special knowledge of law] after he
\nbecame an advocate;
\n(b) in computing the period during which a person has held judicial office in the territory of India
\nor been an advocate of a High Court, there shall be included any period before the commencement of
\nthis Constitution during which he has held judicial office in any area which was comprised before the
\nfifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has
\nbeen an advocate of any High Court in any such area, as the case may be.
\n6
\n[(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by
\nthe President after consultation with the Chief Justice of India and the decision of the President shall be
\nfinal.
\n218. Application of certain provisions relating to Supreme Court to High Courts.\u2014The provisions
\nof clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the
\nSupreme Court with the substitution of references to the High Court for references to the Supreme Court.
\n219. Oath or affirmation by Judges of High Courts.\u2014Every person appointed to be a Judge of a
\nHigh Court 7*** shall, before he enters upon his office, make and subscribe before the Governor of the
\nState, or some person appointed in that behalf by him, an oath or affirmation according to the form set out
\nfor the purpose in the Third Schedule.
\n8
\n[220. Restriction on practice after being a permanent Judge.\u2014No person who, after the
\ncommencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or
\nact in any court or before any authority in India except the Supreme Court and the other High Courts.
\nExplanation.\u2014In this article, the expression \u201cHigh Court\u201d does not include a High Court for a State
\nspecified in Part B of the First Schedule as it existed before the commencement of the Constitution (Seventh
\nAmendment) Act, 1956.]<\/p>\n
1. The words \u201cin any State specified in the First Schedule\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and
\nSch. (w.e.f. 1-11-1956).
\n2. The word \u201cor\u201d and sub. cl. (c) ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted
\nby the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).
\n3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).
\n4. Cl. (a) re-numbered as cl. (aa) by ibid .
\n5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for \u201chas held judicial office\u201d (w.e.f. 3-1-1977).
\n6. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4 (with retrospective effect) (w.e.f. 5-10-1963).
\n7. The words \u201cin a State\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n8. Subs. by s. 13, ibid.
\n86
\n221. Salaries, etc., of Judges.\u20141
\n[(1) There shall be paid to the Judges of each High Court such salaries
\nas may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as
\nare specified in the Second Schedule.]
\n(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence
\nand pension as may from time to time be determined by or under law made by Parliament and, until so
\ndetermined, to such allowances and rights as are specified in the Second Schedule:
\nProvided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension
\nshall be varied to his disadvantage after his appointment.
\n222. Transfer of a Judge from one High Court to another.\u2014(1) The President may, 2
\n[on the
\nrecommendation of the National Judicial Appointments Commission referred to in article 124A], transfer
\na Judge from one High Court to any other High Court 3***.
\n4
\n[(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the
\ncommencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court,
\nbe entitled to receive in addition to his salary such compensatory allowance as may be determined by
\nParliament by law and, until so determined, such compensatory allowance as the President may by order
\nfix.]
\n223. Appointment of acting Chief Justice.\u2014When the office of Chief Justice of a High Court is
\nvacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties
\nof his office, the duties of the office shall be performed by such one of the other Judges of the Court as the
\nPresident may appoint for the purpose.
\n5
\n[224. Appointment of additional and acting Judges.\u2014(1) If by reason of any temporary increase in
\nthe business of a High Court or by reason of arrears of work therein, it appears to the President that the
\nnumber of the Judges of that Court should be for the time being increased, 6
\n[the President may, in
\nconsultation with the National Judicial Appointments Commission, appoint] duly qualified persons to be
\nadditional Judges of the Court for such period not exceeding two years as he may specify.
\n(2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any
\nother reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice,
\n6
\n[the President may, in consultation with the National Judicial Appointments Commission, appoint] a duly
\nqualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.
\n(3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining
\nthe age of 7
\n[sixty-two years].]
\n8
\n[224A. Appointment of retired Judges at sittings of High Courts.\u2014Notwithstanding anything in<\/p>\n
1. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for cl. (1) (w.e.f. 1-4-1986).
\n2. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 7, for \u201cafter consultation with the Chief Justice of India\u201d
\n(w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide its order dated the 16th October, 2015 in
\nthe Supreme Court Advocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117.
\n3. The words \u201cwithin the territory of India\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956).
\n4. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). Original cl. (2) was omitted by the
\nConstitution (Seventh Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956).
\n5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15 (w.e.f. 1-11-1956).
\n6. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 8, for \u201cthe President may appoint\u201d (w.e.f. 13-4-2015). This
\namendment has been struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court
\nAdvocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117.
\n7. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 6, for \u201csixty years\u201d (w.e.f. 5-10-1963).
\n8. Ins. by s. 7, ibid.
\n87
\nthis Chapter, 1
\n[the National Judicial Appointments Commission on a reference made to it by the Chief
\nJustice of a High Court for any State, may with the previous consent of the President], request any person
\nwho has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the
\nHigh Court for that State, and every such person so requested shall, while so sitting and acting, be entitled
\nto such allowances as the President may by order determine and have all the jurisdiction, powers and
\nprivileges of, but shall not otherwise be deemed to be, a Judge of that High Court:
\nProvided that nothing in this article shall be deemed to require any such person as aforesaid to sit and
\nact as a Judge of that High Court unless he consents so to do.]
\n225. Jurisdiction of existing High Courts.\u2014Subject to the provisions of this Constitution and to the
\nprovisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature
\nby this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the
\nrespective powers of the Judges thereof in relation to the administration of justice in the Court, including
\nany power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting
\nalone or in Division Courts, shall be the same as immediately before the commencement of this
\nConstitution:
\n2
\n[Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts
\nwith respect to any matter concerning the revenue or concerning any act ordered or done in the collection
\nthereof was subject immediately before the commencement of this Constitution shall no longer apply to the
\nexercise of such jurisdiction.]
\n3
\n[226. Power of High Courts to issue certain writs.\u2014(1) Notwithstanding anything in article 32 4***,
\nevery High Court shall have power, throughout the territories in relation to which it exercises jurisdiction,
\nto issue to any person or authority, including in appropriate cases, any Government, within those territories
\ndirections, orders or 5
\n[writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo
\nwarranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and
\nfor any other purpose.]
\n(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority
\nor person may also be exercised by any High Court exercising jurisdiction in relation to the territories within
\nwhich the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the
\nseat of such Government or authority or the residence of such person is not within those territories.
\n6
\n[(3) Where any party against whom an interim order, whether by way of injunction or stay or in any
\nother manner, is made on, or in any proceedings relating to, a petition under clause (1), without\u2014
\n(a) furnishing to such party copies of such petition and all documents in support of the plea for
\nsuch interim order; and
\n(b) giving such party an opportunity of being heard,
\nmakes an application to the High Court for the vacation of such order and furnishes a copy of such application
\nto the party in whose favour such order has been made or the counsel of such party, the High Court shall<\/p>\n
1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 9, for \u201cthe Chief Justice of a High Court for any State may at
\nanytime, with the previous consent of the President\u201d (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme
\nCourt vide its order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union
\nof India reported in AIR 2016 SC 117.
\n2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 29 (w.e.f. 20-6.1979). Original Proviso was omitted by the
\nConstitution (Forty-second Amendment) Act, 1976, s. 37 (w.e.f. 1-2-1977).
\n3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38 (w.e.f. 1-2-1977).
\n4. The words, figures and letters \u201cbut subject to the provisions of article 131A and article 226A\u201d omitted by the Constitution (Fortythird Amendment) Act, 1977, s. 7 (w.e.f. 13-4-1978).
\n5. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30 for the portion beginning with the words \u201cwrits in the
\nnature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them\u201d and ending with the words \u201csuch
\nillegality has resulted in substantial failure of justice\u201d (w.e.f. 1-8-1979).
\n6. Subs. by ibid., s. 30, for clauses (3), (4), (5) and (6).
\n88
\ndispose of the application within a period of two weeks from the date on which it is received or from the date
\non which the copy of such application is so furnished, whichever is later, or where the High Court is closed
\non the last day of that period, before the expiry of the next day afterwards on which the High Court is open;
\nand if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case
\nmay be, the expiry of the said next day, stand vacated.]
\n1
\n[(4)] The power conferred on a High Court by this article shall not be in derogation of the power conferred
\non the Supreme Court by clause (2) of article 32.]
\n2
\n[226A. Constitutional validity of Central laws not to be considered in proceedings under article 226.]
\n227. Power of superintendence over all courts by the High Court.\u20143
\n[(1) Every High Court shall
\nhave superintendence over all courts and tribunals throughout the territories in relation to which it exercises
\njurisdiction.]
\n(2) Without prejudice to the generality of the foregoing provision, the High Court may\u2014
\n(a) call for returns from such courts;
\n(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of
\nsuch courts; and
\n(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such
\ncourts.
\n(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers
\nof such courts and to attorneys, advocates and pleaders practising therein:
\nProvided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not
\nbe inconsistent with the provision of any law for the time being in force, and shall require the previous
\napproval of the Governor.
\n(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over
\nany court or tribunal constituted by or under any law relating to the Armed Forces.
\n4
\n(5)* * * * *
\n228. Transfer of certain cases to High Court.\u2014If the High Court is satisfied that a case pending in a
\ncourt subordinate to it involves a substantial question of law as to the interpretation of this Constitution the
\ndetermination of which is necessary for the disposal of the case, 5
\n[it shall withdraw the case and 6***
\nmay\u2014]
\n(a) either dispose of the case itself, or
\n(b) determine the said question of law and return the case to the court from which the case has been
\nso withdrawn together with a copy of its judgment on such question, and the said court shall on receipt
\nthereof proceed to dispose of the case in conformity with such judgment.<\/p>\n
1. Cl. (7) renumbered as cl. (4) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30 (w.e.f. 1-8-1979).
\n2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f. 1-2-1977).
\n3. Cl. (1) has been successively subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 40 (w.e.f. 1-2-1977) and the
\nConstitution (Forty-fourth Amendment) Act, 1978, s. 31 to read as above (w.e.f. 20-6-1979).
\n4. Cl. (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 40 (w.e.f. 1-2-1977) and omitted by the Constitution
\n(Forty-fourth Amendment) Act, 1978, s. 31 (w.e.f. 20-6-1979).
\n5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for \u201cit shall withdraw the case and may\u2014\u201d (w.e.f. 1-2-
\n1977).
\n6. The words, figures and letter \u201csubject to the provisions of article 131A,\u201d omitted by the Constitution (Forty-third Amendment)
\nAct, 1977, s. 9 (w.e.f. 13-4-1978).
\n89
\n1
\n[228A. Special provisions as to disposal of questions relating to constitutional validity of State laws.]-
\nOmitted by the Constitution (Forty-third Amendment) Act, 1977, s. 10 (w.e.f.13-4-1978).
\n229. Officers and servants and the expenses of High Courts.\u2014(1) Appointments of officers and
\nservants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer ofthe
\nCourt as he may direct:
\nProvided that the Governor of the State 2*** may by rule require that in such cases as may be specified
\nin the rule no person not already attached to the Court shall be appointed to any office connected with the
\nCourt save after consultation with the State Public Service Commission.
\n(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service
\nof officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief
\nJustice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make
\nrules for the purpose:
\nProvided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave
\nor pensions, require the approval of the Governor of the State 2***.
\n(3) The administrative expenses of a High Court, including all salaries, allowances and pensions
\npayable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated
\nFund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.
\n3
\n[230. Extension of jurisdiction of High Courts to Union territories.\u2014(1) Parliament may by law
\nextend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union
\nterritory.
\n(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,\u2014
\n(a) nothing in this Constitution shall be construed as empowering the Legislature of the State to
\nincrease, restrict or abolish that jurisdiction; and
\n(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for
\nsubordinate courts in that territory, be construed as a reference to the President.
\n231. Establishment of a common High Court for two or more States.\u2014(1) Notwithstanding
\nanything contained in the preceding provisions of this Chapter, Parliament may by law establish a common
\nHigh Court for two or more States or for two or more States and a Union territory.
\n(2) In relation to any such High Court,\u2014
\n4
\n[* * * * *]
\n(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for
\nsubordinate courts, be construed as a reference to the Governor of the State in which the subordinate
\ncourts are situate; and
\n(c) the references in articles 219 and 229 to the State shall be construed as a reference to the State
\nin which the High Court has its principal seat:<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977).
\n2. The words \u201cin which the High Court has its principle seat\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29
\nand Sch. (w.e.f. 1-11-1956).
\n3. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 16, for arts. 230, 231 and 232 (w.e.f. 1-11-1956).
\n4. Sub-clause (a) omitted by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 10 (w.e.f. 13-4-2015). This amendment has
\nbeen struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court Advocates\u2019 on Record
\nAssociation and Another Vs. Union of India reported in AIR 2016 SC 117. Before Amendment Sub-clause (a) was as under:-
\n\u201c(a) the reference in article 217 to the Governor of the State shall be construed as to the reference to the Governors of all the
\nState\u2019s in relation to which the High Court exercises jurisdiction.\u201d.
\n90
\nProvided that if such principal seat is in a Union territory, the references in articles 219 and 229 to
\nthe Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be
\nconstrued respectively as references to the President, Union Public Service Commission, Parliament
\nand Consolidated Fund of India.]
\n[232. Interpretation.-Articles 230, 231 and 232 substituted with articles 230 and 231 by the
\nConstitution (Seventh Amendment) Act, 1956, s. 16 (w.e.f. 1-11-1956).]
\nCHAPTER VI.\u2014SUBORDINATE COURTS
\n233. Appointment of district judges.\u2014(1) Appointments of persons to be, and the posting and
\npromotion of, district judges in any State shall be made by the Governor of the State in consultation with
\nthe High Court exercising jurisdiction in relation to such State.
\n(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed
\na district judge if he has been for not less than seven years an advocate or a pleader and is recommended
\nby the High Court for appointment.
\n1
\n[233A. Validation of appointments of, and judgments, etc., delivered by, certain district
\njudges.\u2014Notwithstanding any judgment, decree or order of any court,\u2014
\n(a) (i) no appointment of any person already in the judicial service of a State or of any person who
\nhas been for not less than seven years an advocate or a pleader, to be a district judge in that State, and
\n(ii) no posting, promotion or transfer of any such person as a district judge,
\nmade at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966, otherwise
\nthan in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or
\never to have become illegal or void by reason only of the fact that such appointment, posting, promotion or
\ntransfer was not made in accordance with the said provisions;
\n(b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other
\nact or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment)
\nAct, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in
\nany State otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed
\nto be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such
\nappointment, posting, promotion or transfer was not made in accordance with the said provisions.]
\n234. Recruitment of persons other than district judges to the judicial service.\u2014Appointments of
\npersons other than district judges to the judicial service of a State shall be made by the Governor of the State in
\naccordance with rules made by him in that behalf after consultation with the State Public Service Commission
\nand with the High Court exercising jurisdiction in relation to such State.
\n235. Control over subordinate courts.\u2014The control over district courts and courts subordinate
\nthereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial
\nservice of a State and holding any post inferior to the post of district judge shall be vested in the High Court,
\nbut nothing in this article shall be construed as taking away from any such person any right of appeal which
\nhe may have under the law regulating the conditions of his service or as authorising the High Court to deal
\nwith him otherwise than in accordance with the conditions of his service prescribed under such law.
\n236. Interpretation.\u2014In this Chapter\u2014
\n(a) the expression \u201cdistrict judge\u201d includes judge of a city civil court, additional district judge, joint
\ndistrict judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate,
\nadditional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions
\nJudge;
\n(b) the expression \u201cjudicial service\u201d means a service consisting exclusively of persons intended to
\nfill the post of district judge and other civil judicial posts inferior to the post of district judge.<\/p>\n
1. Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2 (w.e.f. 22-12-1966).
\n91
\n237. Application of the provisions of this Chapter to certain class or classes of magistrates.\u2014
\nThe Governor may by public notification direct that the foregoing provisions of this Chapter and any rules
\nmade thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to
\nany class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial
\nservice of the State subject to such exceptions and modifications as may be specified in the notification.
\nPART VII.\u2014[The States in Part B of the First Schedule]. Omitted by the Constitution (Seventh
\nAmendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n238. [Application of provisions of Part VI to States in Part B of the First Schedule.]\u2013Omitted by the
\nConstitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\nPART VIII
\n1
\n[THE UNION TERRITORIES]
\n2
\n[239. Administration of Union territories.\u2014(1) Save as otherwise provided by Parliament by law,
\nevery Union territory shall be administered by the President acting, to such extent as he thinks fit, through
\nan administrator to be appointed by him with such designation as he may specify.
\n(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State
\nas the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise
\nhis functions as such administrator independently of his Council of Ministers.]
\n3
\n[239A. Creation of local Legislatures or Council of Ministers or both for certain Union
\nterritories.\u2014(1) Parliament may by law create 4
\n[for the Union territory of 5
\n[Puducherry\u2014]]
\n(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for
\nthe Union territory, or
\n(b) a Council of Ministers,
\nor both with such constitution, powers and functions, in each case, as may be specified in the law.
\n(2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this
\nConstitution for the purposes of article 368 notwithstanding that it contains any provision which amends or
\nhas the effect of amending this Constitution.]
\n6
\n[239AA. Special provisions with respect to Delhi.\u2014(1) As from the date of commencement of the
\nConstitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National
\nCapital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the
\nadministrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.
\n(2) (a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such
\nAssembly shall be filled by members chosen by direct election from territorial constituencies in the National
\nCapital Territory.
\n(b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled
\nCastes, the division of the National Capital Territory into territorial constituencies (including the basis for<\/p>\n
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading \u201cTHE STATES IN PART C OF THE FIRST
\nSCHEDULE\u201d (w.e.f. 1-11-1956).
\n2. Subs. by ibid., for arts. 239 and 240.
\n3. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4 (w.e.f. 28-12-1962).
\n4. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for \u201c for any of the Union territories of Goa,
\nDaman and Diu and Pondicherry\u201d (w.e.f. 30-5-1987).
\n5. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for \u201cPondicherry\u201d (w.e.f. 1-10-2006).
\n6. Ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992).
\n92
\nsuch division) and all other matters relating to the functioning of the Legislative Assembly shall be
\nregulated by law made by Parliament.
\n(c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory,
\nthe Legislative Assembly of the National Capital Territory and the members thereof as they apply, in
\nrelation to a State, the Legislative Assembly of a State and the members thereof respectively; and any
\nreference in articles 326 and 329 to \u201cappropriate Legislature\u201d shall be deemed to be a reference to
\nParliament.
\n(3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to
\nmake laws for the whole or any part of the National Capital Territory with respect to any of the matters
\nenumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union
\nterritories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of
\nthat List in so far as they relate to the said Entries 1, 2 and 18.
\n(b) Nothing in sub-clause (a)shall derogate from the powers of Parliament under this Constitution to
\nmake laws with respect to any matter for a Union territory or any part thereof.
\n(c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant
\nto any provision of a law made by Parliament with respect to that matter, whether passed before or after the
\nlaw made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative
\nAssembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall
\nprevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void:
\nProvided that if any such law made by the Legislative Assembly has been reserved for the consideration
\nof the President and has received his assent, such law shall prevail in the National Capital Territory:
\nProvided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any
\nlaw with respect to the same matter including a law adding to, amending, varying or repealing the law so
\nmade by the Legislative Assembly.
\n(4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number
\nof members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant
\nGovernor in the exercise of his functions in relation to matters with respect to which the Legislative
\nAssembly has power to make laws, except in so far as he is, by or under any law, required to act in his
\ndiscretion:
\nProvided that in the case of difference of opinion between the Lieutenant Governor and his Ministers
\non any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the
\ndecision given thereon by the President and pending such decision it shall be competent for the Lieutenant
\nGovernor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take
\nimmediate action, to take such action or to give such direction in the matter as he deems necessary.
\n(5) The Chief Minister shall be appointed by the President and other Ministers shall be appointed by
\nthe President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of
\nthe President.
\n(6) The Council of Ministers shall be collectively responsible to the Legislative Assembly.
\n1
\n[(7) (a)] Parliament may, by law, make provisions for giving effect to, or supplementing the provisions
\ncontained in the foregoing clauses and for all matters incidental or consequential thereto.
\n2
\n[(b)Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this
\nConstitution for the purposes of article 368 notwithstanding that it contains any provision which amends or
\nhas the effect of amending, this Constitution.]
\n(8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital
\nTerritory, the Lieutenant Governor and the Legislative Assembly, as they apply in relation to the Union<\/p>\n
1. Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for \u201c(7)\u201d (w.e.f. 21-12-1991).
\n2. Subs. by ibid.
\n93
\nterritory of 1
\n[Puducherry], the administrator and its Legislature, respectively; and any reference in that
\narticle to \u201cclause (1) of article 239A\u201d shall be deemed to be a reference to this article or article 239AB, as
\nthe case may be.
\n239AB. Provision in case of failure of constitutional machinery.\u2014If the President, on receipt of a
\nreport from the Lieutenant Governor or otherwise, is satisfied\u2014
\n(a)that a situation has arisen in which the administration of the National Capital Territory cannot
\nbe carried on in accordance with the provisions of article 239AA or of any law made in pursuance of
\nthat article; or
\n(b)that for the proper administration of the National Capital Territory it is necessary or expedient
\nso to do,
\nthe President may by order suspend the operation of any provision of article 239AA or of all or any of the
\nprovisions of any law made in pursuance of that article for such period and subject to such conditions as
\nmay be specified in such law and make such incidental and consequential provisions as may appear to him
\nto be necessary or expedient for administering the National Capital Territory in accordance with the
\nprovisions of article 239 and article 239AA.]
\n2
\n[239B. Power of administrator to promulgate Ordinances during recess of Legislature.\u2014(1) If at
\nany time, except when the Legislature of 3
\n[the Union territory of 4
\n[Puducherry]] is in session, the
\nadministrator thereof is satisfied that circumstances exist which render it necessary for him to take
\nimmediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
\nProvided that no such Ordinance shall be promulgated by the administrator except after obtaining
\ninstructions from the President in that behalf:
\nProvided further that whenever the said Legislature is dissolved, or its functioning remains suspended
\non account of any action taken under any such law as is referred to in clause (1) of article 239A, the
\nadministrator shall not promulgate any Ordinance during the period of such dissolution or suspension.
\n(2) An Ordinance promulgated under this article in pursuance of instructions from the President shall
\nbe deemed to be an Act of the Legislature of the Union territory which has been duly enacted after
\ncomplying with the provisions in that behalf contained in any such law as is referred to in clause (1) of
\narticle 239A, but every such Ordinance\u2014
\n(a) shall be laid before the Legislature of the Union territory and shall cease to operate at the
\nexpiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period,
\na resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and
\n(b) may be withdrawn at any time by the administrator after obtaining instructions from the
\nPresident in that behalf.
\n(3) If and so far as an Ordinance under this article makes any provision which would not be valid if
\nenacted in an Act of the Legislature of the Union territory made after complying with the provisions in that
\nbehalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.]
\n5* * * * *
\n240. Power of President to make regulations for certain Union territories.\u2014(1) The President may
\nmake regulations for the peace, progress and good government of the Union territory of\u2014
\n(a) the Andaman and Nicobar Islands;<\/p>\n
1. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for \u201cPondicherry\u201d (w.e.f. 1-10-2006).
\n2. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971).
\n3. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for \u201cfor any of the Union territory referred to in
\nclause (1) article 239A\u201d (w.e.f. 30-5-1987).
\n4. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for \u201cPondicherry\u201d (w.e.f. 1-10-2006).
\n5. Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1978, s. 4 (retrospectively) and omitted by the Constitution
\n(Forty-fourth Amendment) Act, 1978, s. 32 (w.e.f. 20-6-1979).
\n94
\n1
\n[(b) Lakshadweep;]
\n2
\n[(c) Dadra and Nagar Haveli;]
\n3
\n[(d) Daman and Diu;]
\n4
\n[(e) 5
\n[Puducherry];]<\/p>\n
6
\n(f) ***<\/p>\n
7
\n(g) ***
\n8
\n[Provided that when any body is created under article 239A to function as a Legislature for the
\n9
\n[Union territory of 10[Puducherry]], the President shall not make any regulation for the peace, progress
\nand good government of that Union territory with effect from the date appointed for the first meeting
\nof the Legislature:]
\n11[Provided further that whenever the body functioning as a Legislature for the Union territory of
\nPuducherry is dissolved, or the functioning of that body as such Legislature remains suspended on
\naccount of any action taken under any such law as is referred to in clause (1) of article 239A, the
\nPresident may, during the period of such dissolution or suspension, make regulations for the peace,
\nprogress and good government of that Union territory.]
\n(2) Any regulation so made may repeal or amend any Act made by Parliament or 12[any other law],
\nwhich is for the time being applicable to the Union territory and, when promulgated by the President, shall
\nhave the same force and effect as an Act of Parliament which applies to that territory.]
\n241. High Courts for Union territories\u2014(1) Parliament may by law constitute a High Court for a
\n13[Union territory] or declare any court in any 14[such territory] to be a High Court for all or any of the
\npurposes of this Constitution.
\n(2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in
\nclause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications
\nor exceptions as Parliament may by law provide.
\n15[(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriate
\nLegislature made by virtue of powers conferred on that Legislature by or under this Constitution, every
\nHigh Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh
\nAmendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in
\nrelation to that territory after such commencement.<\/p>\n
1. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), s. 4, for entry (b) (w.e.f.
\n1-11-1973).
\n2. Ins. by the (Tenth Amendment) Act, 1961, s. 3 (w.e.f. 11-8-1961).
\n3. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for entry (d) (w.e.f. 30-5-1987). Entry (d) was
\nins. by the Constitution (Twelfth Amendment) Act, 1962, s. 3 (w.e.f. 20-12-1961).
\n4. Ins. by the Constitution (fourteenth Amendment) Act, 1962, s. 5 and 7 (w.e.f. 16-8-1962).
\n5. Subs. by Pondicherry (Alteration of Name) Act, 2006 (44 of 2006) s. 4, for \u201cPondicherry\u201d (w.e.f. 1-10-2006).
\n6. The entry (f) relating to Mizoram omitted by the State of Mizoram Act, 1986, (34 of 1986), s. 39 (w.e.f. 20-2-1987).
\n7. The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42 (w.e.f.
\n20-2-1987).
\n8. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962).
\n9. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4, for \u201cUnion territory of Goa, Daman and Diu or
\nPondicherry\u201d (w.e.f. 15-2-1972).
\n10. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for \u201cPondicherry\u201d (w.e.f. 1-10-2006).
\n11. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972).
\n12. Subs. by ibid., for \u201cany existing law\u201d (w.e.f. 15-2-1972).
\n13. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for \u201cState specified in Part C of the First Schedule\u201d
\n(w.e.f. 1-11-1956).
\n14. Subs. by ibid., for \u201csuch State\u201d.
\n15. Subs. by ibid., for cls. (3) and (4).
\n95
\n(4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction
\nof a High Court for a State to, or from, any Union territory or part thereof.]
\n242. [Coorg.].\u2013Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-
\n11-1956).
\n1
\n[PART IX
\nTHE PANCHAYATS
\n243. Definitions.\u2014In this Part, unless the context otherwise requires,\u2014
\n(a) \u201cdistrict\u201d means a district in a State;
\n(b) \u201cGram Sabha\u201d means a body consisting of persons registered in the electoral rolls relating to a
\nvillage comprised within the area of Panchayat at the village level;
\n(c) \u201cintermediate level\u201d means a level between the village and district levels specified by the
\nGovernor of a State by public notification to be the intermediate level for the purposes of this Part;
\n(d) \u201cPanchayat\u201d means an institution (by whatever name called) of self-government constituted
\nunder article 243B, for the rural areas;
\n(e) \u201cPanchayat area\u201d means the territorial area of a Panchayat;
\n(f) \u201cPopulation\u201d means the population as ascertained at the last preceding census of which the
\nrelevant figures have been published;
\n(g) \u201cvillage\u201d means a village specified by the Governor by public notification to be a village for
\nthe purposes of this Part and includes a group of villages so specified.
\n243A. Gram Sabha.\u2014A Gram Sabha may exercise such powers and perform such functions at the
\nvillage level as the Legislature of a State may, by law, provide.
\n243B. Constitution of Panchayats.\u2014(1) There shall be constituted in every State, Panchayats at the
\nvillage, intermediate and district levels in accordance with the provisions of this Part.
\n(2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a
\nState having a population not exceeding twenty lakhs.
\n243C. Composition of Panchayats.\u2014(1) Subject to the provisions of this Part, the Legislature of a
\nState may, by law, make provisions with respect to the composition of Panchayats:
\nProvided that the ratio between the population of the territorial area of a Panchayat at any level and the
\nnumber of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout
\nthe State.
\n(2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial
\nconstituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into
\nterritorial constituencies in such manner that the ratio between the population of each constituency and the
\nnumber of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.
\n(3) The Legislature of a State may, by law, provide for the representation\u2014
\n(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate
\nlevel or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the
\ndistrict level;<\/p>\n
1. Ins. by the Constitution (Seventy third Amendment) Act, 1992, s. 2 (w.e.f. 24-4-1993). Original Part IX was omitted by the
\nConstitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 24-4-1993).
\n96
\n(b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district
\nlevel;
\n(c) of the members of the House of the People and the members of the Legislative Assembly of the
\nState representing constituencies which comprise wholly or partly a Panchayat area at a level other than
\nthe village level, in such Panchayat;
\n(d) of the members of the Council of States and the members of the Legislative Council of the State,
\nwhere they are registered as electors within\u2014
\n(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;
\n(ii) a Panchayat area at the district level, in Panchayat at the district level.
\n(4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct
\nelection from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of
\nthe Panchayats.
\n(5) The Chairperson of\u2014
\n(a) a Panchayat at the village level shall be elected in such manner as the Legislature of a State
\nmay, by law, provide; and
\n(b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the
\nelected members thereof.
\n243D. Reservation of seats.\u2014(1) Seats shall be reserved for\u2014
\n(a) the Scheduled Castes; and
\n(b) the Scheduled Tribes,
\nin every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion
\nto the total number of seats to be filled by direct election in that Panchayat as the population of the
\nScheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total
\npopulation of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.
\n(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for
\nwomen belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
\n(3) Not less than one-third (including the number of seats reserved for women belonging to the
\nScheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in
\nevery Panchayat shall be reserved for women and such seats may be allotted by rotation to different
\nconstituencies in a Panchayat.
\n(4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved
\nfor the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State
\nmay, by law, provide:
\nProvided that the number of offices of Chairpersons reserved for the Scheduled Castes and the
\nScheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same
\nproportion to the total number of such offices in the Panchayats at each level as the population of the
\nScheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the
\nState:
\nProvided further that not less than one-third of the total number of offices of Chairpersons in the
\nPanchayats at each level shall be reserved for women:
\nProvided also that the number of offices reserved under this clause shall be allotted by rotation to
\n97
\ndifferent Panchayats at each level.
\n(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other
\nthan the reservation for women) under clause (4) shall cease to have effect on the expiration of the period
\nspecified in article 334.
\n(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation
\nof seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class
\nof citizens.
\n243E. Duration of Panchayats, etc.\u2014(1) Every Panchayat, unless sooner dissolved under any law for
\nthe time being in force, shall continue for five years from the date appointed for its first meeting and no
\nlonger.
\n(2) No amendment of any law for the time being in force shall have the effect of causing dissolution
\nof a Panchayat at any level, which is functioning immediately before such amendment, till the expiration
\nof its duration specified in clause (1).
\n(3) An election to constitute a Panchayat shall be completed\u2014
\n(a) before the expiry of its duration specified in clause (1);
\n(b) before the expiration of a period of six months from the date of its dissolution:
\nProvided that where the remainder of the period for which the dissolved Panchayat would have
\ncontinued is less than six months, it shall not be necessary to hold any election under this clause for
\nconstituting the Panchayat for such period.
\n(4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration
\nshall continue only for the remainder of the period for which the dissolved Panchayat would have continued
\nunder clause (1) had it not been so dissolved.
\n243F. Disqualifications for membership.\u2014(1) A person shall be disqualified for being chosen as, and
\nfor being, a member of a Panchayat\u2014
\n(a) if he is so disqualified by or under any law for the time being in force for the purposes of
\nelections to the Legislature of the State concerned:
\nProvided that no person shall be disqualified on the ground that he is less than twenty-five years of
\nage, if he has attained the age of twenty-one years;
\n(b) if he is so disqualified by or under any law made by the Legislature of the State.
\n(2) If any question arises as to whether a member of a Panchayat has become subject to any of the
\ndisqualifications mentioned in clause (1), the question shall be referred for the decision of such authority
\nand in such manner as the Legislature of a State may, by law, provide.
\n243G. Powers, authority and responsibilities of Panchayats.\u2014Subject to the provisions of this
\nConstitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority
\nas may be necessary to enable them to function as institutions of self-government and such law may contain
\nprovisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level,
\nsubject to such conditions as may be specified therein, with respect to\u2014
\n(a) the preparation of plans for economic development and social justice;
\n(b) the implementation of schemes for economic development and social justice as may be
\nentrusted to them including those in relation to the matters listed in the Eleventh Schedule.
\n98
\n243H. Powers to impose taxes by, and Funds of, the Panchayats.\u2014The Legislature of a State may,
\nby law,\u2014
\n(a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in
\naccordance with such procedure and subject to such limits;
\n(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State
\nGovernment for such purposes and subject to such conditions and limits;
\n(c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the
\nState; and
\n(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on
\nbehalf of the Panchayats and also for the withdrawal of such moneys therefrom,
\nas may be specified in the law.
\n243-I. Constitution of Finance Commission to review financial position.\u2014(1) The Governor of a
\nState shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third
\nAmendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance
\nCommission to review the financial position of the Panchayats and to make recommendations to the
\nGovernor as to\u2014
\n(a) the principles which should govern\u2014
\n(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties,
\ntolls and fees leviable by the State, which may be divided between them under this Part and the
\nallocation between the Panchayats at all levels of their respective shares of such proceeds;
\n(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or
\nappropriated by, the Panchayats;
\n(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;
\n(b) the measures needed to improve the financial position of the Panchayats;
\n(c) any other matter referred to the Finance Commission by the Governor in the interests of sound
\nfinance of the Panchayats.
\n(2) The Legislature of a State may, by law, provide for the composition of the Commission, the
\nqualifications which shall be requisite for appointment as members thereof and the manner in which they
\nshall be selected.
\n(3) The Commission shall determine their procedure and shall have such powers in the performance of
\ntheir functions as the Legislature of the State may, by law, confer on them.
\n(4) The Governor shall cause every recommendation made by the Commission under this article
\ntogether with an explanatory memorandum as to the action taken thereon to be laid before the Legislature
\nof the State.
\n243J. Audit of accounts of Panchayats.\u2014The Legislature of a State may, by law, make provisions
\nwith respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.
\n243K. Elections to the Panchayats.\u2014(1) The superintendence, direction and control of the preparation
\nof electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election
\nCommission consisting of a State Election Commissioner to be appointed by the Governor.
\n(2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service
\nand tenure of office of the State Election Commissioner shall be such as the Governor may by rule
\ndetermine:
\nProvided that the State Election Commissioner shall not be removed from his office except in like
\nmanner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election
\n99
\nCommissioner shall not be varied to his disadvantage after his appointment.
\n(3) The Governor of a State shall, when so requested by the State Election Commission, make available
\nto the State Election Commission such staff as may be necessary for the discharge of the functions conferred
\non the State Election Commission by clause (1).
\n(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision
\nwith respect to all matters relating to, or in connection with, elections to the Panchayats.
\n243L. Application to Union territories.\u2014The provisions of this Part shall apply to the Union
\nterritories and shall, in their application to a Union territory, have effect as if the references to the Governor
\nof a State were references to the Administrator of the Union territory appointed under article 239 and
\nreferences to the Legislature or the legislative Assembly of a State were references, in relation to a Union
\nterritory having a Legislative Assembly, to that Legislative Assembly:
\nProvided that the President may, by public notification, direct that the provisions of this Part shall apply
\nto any Union territory or part thereof subject to such exceptions and modifications as he may specify in the
\nnotification.
\n243M. Part not to apply to certain areas.\u2014(1) Nothing in this Part shall apply to the Scheduled
\nAreas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.
\n(2) Nothing in this Part shall apply to\u2014
\n(a) the States of Nagaland, Meghalaya and Mizoram;
\n(b) the hill areas in the State of Manipur for which District Councils exist under any law for the
\ntime being in force.
\n(3) Nothing in this Part\u2014
\n(a) relating to Panchayats at the district level shall apply to the hill areas of the District of Darjeeling
\nin the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time
\nbeing in force;
\n(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council
\nconstituted under such law.
\n1
\n[(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to
\nthe State of Arunachal Pradesh.]
\n(4) Notwithstanding anything in this Constitution,\u2014
\n(a) the Legislature of a State referred to in sub-clause (a) of clause (2) may, by law, extend this part
\nto that State, except the areas, if any, referred to in clause (1), if the Legislative Assembly of that State
\npasses a resolution to that effect by a majority of the total membership of that House and by a majority
\nof not less than two-thirds of the members of that House present and voting;
\n(b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal
\nareas referred to in clause (1) subject to such exceptions and modifications as may be specified in such
\nlaw, and no such law shall be deemed to be an amendment of this Constitution for the purposes of
\narticle 368.
\n243N. Continuance of existing laws and Panchayats.\u2014Notwithstanding anything in this Part, any
\nprovision of any law relating to Panchayats in force in a State immediately before the commencement of
\nthe Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this
\nPart, shall continue to be in force until amended or repealed by a competent Legislature or other competent
\nauthority or until the expiration of one year from such commencement, whichever is earlier:
\nProvided that all the Panchayats existing immediately before such commencement shall continue till<\/p>\n
1. Ins. by the Constitution (Eighty-third Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000).
\n100
\nthe expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the
\nLegislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of
\nthe Legislature of that State.
\n243-O. Bar to interference by courts in electoral matters.\u2014Notwithstanding anything in this
\nConstitution,\u2014
\n(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to
\nsuch constituencies, made or purporting to be made under article 243K, shall not be called in question
\nin any court;
\n(b) no election to any Panchayat shall be called in question except by an election petition presented
\nto such authority and in such manner as is provided for by or under any law made by the Legislature of
\na State.]
\n1
\n[PART IXA
\nTHE MUNICIPALITIES
\n243P. Definitions.\u2014In this Part, unless the context otherwise requires,\u2014
\n(a) \u201cCommittee\u201d means a Committee constituted under article 243S;
\n(b) \u201cdistrict\u201d means a district in a State;
\n(c) \u201cMetropolitan area\u201d means an area having a population of ten lakhs or more, comprised in one
\nor more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas,
\nspecified by the Governor by public notification to be a Metropolitan area for the purposes of this Part;
\n(d) \u201cMunicipal area\u201d means the territorial area of a Municipality as is notified by the Governor;
\n(e) \u201cMunicipality\u201d means an institution of self-government constituted under article 243Q;
\n(f) \u201cPanchayat\u201d means a Panchayat constituted under article 243B;
\n(g) \u201cpopulation\u201d means the population as ascertained at the last preceding census of which the
\nrelevant figures have been published.
\n243Q. Constitution of Municipalities.\u2014(1) There shall be constituted in every State,\u2014
\n(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in
\ntransition from a rural area to an urban area;
\n(b) a Municipal Council for a smaller urban area; and
\n(c) a Municipal Corporation for a larger urban area,
\nin accordance with the provisions of this Part:
\nProvided that a Municipality under this clause may not be constituted in such urban area or part thereof
\nas the Governor may, having regard to the size of the area and the municipal services being provided or
\nproposed to be provided by an industrial establishment in that area and such other factors as he may deem
\nfit, by public notification, specify to be an industrial township.
\n(2) In this article, \u201ca transitional area\u201d, \u201ca smaller urban area\u201d or \u201ca larger urban area\u201d means such area
\nas the Governor may, having regard to the population of the area, the density of the population therein, the
\nrevenue generated for local administration, the percentage of employment in non-agricultural activities, the
\neconomic importance or such other factors as he may deem fit, specify by public notification for the
\npurposes of this Part.<\/p>\n
1. Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1993).
\n101
\n243R. Composition of Municipalities.\u2014(1) Save as provided in clause (2), all the seats in a
\nMunicipality shall be filled by persons chosen by direct election from the territorial constituencies in the
\nMunicipal area and for this purpose each Municipal area shall be divided into territorial constituencies to
\nbe known as wards.
\n(2) The Legislature of a State may, by law, provide\u2014
\n(a) for the representation in a Municipality of\u2014
\n(i) persons having special knowledge or experience in Municipal administration;
\n(ii) the members of the House of the People and the members of the Legislative Assembly of
\nthe State representing constituencies which comprise wholly or partly the Municipal area;
\n(iii) the members of the Council of States and the members of the Legislative Council of the
\nState registered as electors within the Municipal area;
\n(iv) the Chairpersons of the Committees constituted under clause (5) of article 243S:
\nProvided that the persons referred to in paragraph (i) shall not have the right to vote in the
\nmeetings of the Municipality;
\n(b) the manner of election of the Chairperson of a Municipality.
\n243S. Constitution and composition of Wards Committees, etc.\u2014(1) There shall be constituted
\nWards Committees, consisting of one or more wards, within the territorial area of a Municipality having a
\npopulation of three lakhs or more.
\n(2) The Legislature of a State may, by law, make provision with respect to\u2014
\n(a) the composition and the territorial area of a Wards Committee;
\n(b) the manner in which the seats in a Wards Committee shall be filled.
\n(3) A member of a Municipality representing a ward within the territorial area of the Wards Committee
\nshall be a member of that Committee.
\n(4) Where a Wards Committee consists of\u2014
\n(a) one ward, the member representing that ward in the Municipality; or
\n(b) two or more wards, one of the members representing such wards in the Municipality elected by
\nthe members of the Wards Committee,
\nshall be the Chairperson of that Committee.
\n(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any
\nprovision for the constitution of Committees in addition to the Wards Committees.
\n243T. Reservation of seats.\u2014(1) Seats shall be reserved for the Scheduled Castes and the Scheduled
\nTribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same
\nproportion to the total number of seats to be filled by direct election in that Municipality as the population
\nof the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the
\ntotal population of that area and such seats may be allotted by rotation to different constituencies in a
\nMunicipality.
\n(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for
\nwomen belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
\n(3) Not less than one-third (including the number of seats reserved for women belonging to the
\nScheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in
\n102
\nevery Municipality shall be reserved for women and such seats may be allotted by rotation to different
\nconstituencies in a Municipality.
\n(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the
\nScheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.
\n(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other
\nthan the reservation for women) under clause (4) shall cease to have effect on the expiration of the period
\nspecified in article 334.
\n(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for
\nreservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of
\nbackward class of citizens.
\n243U. Duration of Municipalities, etc.\u2014(1) Every Municipality, unless sooner dissolved under any
\nlaw for the time being in force, shall continue for five years from the date appointed for its first meeting
\nand no longer:
\nProvided that a Municipality shall be given a reasonable opportunity of being heard before its
\ndissolution.
\n(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of
\na Municipality at any level, which is functioning immediately before such amendment, till the expiration
\nof its duration specified in clause (1).
\n(3) An election to constitute a Municipality shall be completed,\u2014
\n(a) before the expiry of its duration specified in clause (1);
\n(b) before the expiration of a period of six months from the date of its dissolution:
\nProvided that where the remainder of the period for which the dissolved Municipality would have
\ncontinued is less than six months, it shall not be necessary to hold any election under this clause for
\nconstituting the Municipality for such period.
\n(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its
\nduration shall continue only for the remainder of the period for which the dissolved Municipality would
\nhave continued under clause (1) had it not been so dissolved.
\n243V. Disqualifications for membership.\u2014(1) A person shall be disqualified for being chosen as,
\nand for being, a member of a Municipality\u2014
\n(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections
\nto the Legislature of the State concerned:
\nProvided that no person shall be disqualified on the ground that he is less than twenty-five years of
\nage, if he has attained the age of twenty-one years;
\n(b) if he is so disqualified by or under any law made by the Legislature of the State.
\n(2) If any question arises as to whether a member of a Municipality has become subject to any of the
\ndisqualifications mentioned in clause (1), the question shall be referred for the decision of such authority
\nand in such manner as the Legislature of a State may, by law, provide.
\n243W. Powers, authority and responsibilities of Municipalities, etc.\u2014Subject to the provisions of
\nthis Constitution, the Legislature of a State may, by law, endow\u2014
\n(a) the Municipalities with such powers and authority as may be necessary to enable them to
\nfunction as institutions of self-government and such law may contain provisions for the devolution of
\n103
\npowers and responsibilities upon Municipalities, subject to such conditions as may be specified therein,
\nwith respect to\u2014
\n(i) the preparation of plans for economic development and social justice;
\n(ii) the performance of functions and the implementation of schemes as may be entrusted to
\nthem including those in relation to the matters listed in the Twelfth Schedule;
\n(b) the Committees with such powers and authority as may be necessary to enable them to carry
\nout the responsibilities conferred upon them including those in relation to the matters listed in the
\nTwelfth Schedule.
\n243X. Power to impose taxes by, and Funds of, the Municipalities.\u2014The Legislature of a State may,
\nby law,\u2014
\n(a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in
\naccordance with such procedure and subject to such limits;
\n(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State
\nGovernment for such purposes and subject to such conditions and limits;
\n(c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the
\nState; and
\n(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on
\nbehalf of the Municipalities and also for the withdrawal of such moneys therefrom,
\nas may be specified in the law.
\n243Y. Finance Commission.\u2014(1) The Finance Commission constituted under article 243-I shall also
\nreview the financial position of the Municipalities and make recommendations to the Governor as to\u2014
\n(a) the principles which should govern\u2014
\n(i) the distribution between the State and the Municipalities of the net proceeds of the taxes,
\nduties, tolls and fees leviable by the State, which may be divided between them under this Part and
\nthe allocation between the Municipalities at all levels of their respective shares of such proceeds;
\n(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or
\nappropriated by, the Municipalities;
\n(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;
\n(b) the measures needed to improve the financial position of the Municipalities;
\n(c) any other matter referred to the Finance Commission by the Governor in the interests of sound
\nfinance of the Municipalities.
\n(2) The Governor shall cause every recommendation made by the Commission under this article
\ntogether with an explanatory memorandum as to the action taken thereon to be laid before the Legislature
\nof the State.
\n243Z. Audit of accounts of Municipalities.\u2014The Legislature of a State may, by law, make provisions
\nwith respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.
\n243ZA. Elections to the Municipalities.\u2014(1) The superintendence, direction and control of the
\npreparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in
\nthe State Election Commission referred to in article 243K.
\n(2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision
\nwith respect to all matters relating to, or in connection with, elections to the Municipalities.
\n104
\n243ZB. Application to Union territories.\u2014The provisions of this Part shall apply to the Union
\nterritories and shall, in their application to a Union territory, have effect as if the references to the Governor
\nof a State were references to the Administrator of the Union territory appointed under article 239 and
\nreferences to the Legislature or the Legislative Assembly of a State were references in relation to a Union
\nterritory having a Legislative Assembly, to that Legislative Assembly:
\nProvided that the President may, by public notification, direct that the provisions of this Part shall apply
\nto any Union territory or part thereof subject to such exceptions and modifications as he may specify in the
\nnotification.
\n243ZC. Part not to apply to certain areas.\u2014(1) Nothing in this Part shall apply to the Scheduled
\nAreas referred to in clause (1), and the tribal areas referred to in clause (2) of article 244.
\n(2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling Gorkha
\nHill Council constituted under any law for the time being in force for the hill areas of the district of
\nDarjeeling in the State of West Bengal.
\n(3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of
\nthis Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and
\nmodifications as may be specified in such law, and no such law shall be deemed to be an amendment of
\nthis Constitution for the purposes of article 368.
\n243ZD. Committee for district planning.\u2014(1) There shall be constituted in every State at the district
\nlevel a District Planning Committee to consolidate the plans prepared by the Panchayats and the
\nMunicipalities in the district and to prepare a draft development plan for the district as a whole.
\n(2) The Legislature of a State may, by law, make provision with respect to\u2014
\n(a) the composition of the District Planning Committees;
\n(b) the manner in which the seats in such Committees shall be filled:
\nProvided that not less than four-fifths of the total number of members of such Committee shall be
\nelected by, and from amongst, the elected members of the Panchayat at the district level and of the
\nMunicipalities in the district in proportion to the ratio between the population of the rural areas and of
\nthe urban areas in the district;
\n(c) the functions relating to district planning which may be assigned to such Committees;
\n(d) the manner in which the Chairpersons of such Committees shall be chosen.
\n(3) Every District Planning Committee shall, in preparing the draft development plan,\u2014
\n(a) have regard to\u2014
\n(i) matters of common interest between the Panchayats and the Municipalities including spatial
\nplanning, sharing of water and other physical and natural resources, the integrated development of
\ninfrastructure and environmental conservation;
\n(ii) the extent and type of available resources whether financial or otherwise;
\n(b) consult such institutions and organisations as the Governor may, by order, specify.
\n(4) The Chairperson of every District Planning Committee shall forward the development plan, as
\nrecommended by such Committee, to the Government of the State.
\n243ZE. Committee for Metropolitan planning.\u2014(1) There shall be constituted in every Metropolitan
\narea a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as
\na whole.
\n(2) The Legislature of a State may, by law, make provision with respect to\u2014
\n105
\n(a) the composition of the Metropolitan Planning Committees;
\n(b) the manner in which the seats in such Committees shall be filled:
\nProvided that not less than two-thirds of the members of such Committee shall be elected by, and
\nfrom amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the
\nMetropolitan area in proportion to the ratio between the population of the Municipalities and of the
\nPanchayats in that area;
\n(c) the representation in such Committees of the Government of India and the Government of the
\nState and of such organisations and institutions as may be deemed necessary for carrying out the
\nfunctions assigned to such Committees;
\n(d) the functions relating to planning and coordination for the Metropolitan area which may be
\nassigned to such Committees;
\n(e) the manner in which the Chairpersons of such Committees shall be chosen.
\n(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,\u2014
\n(a) have regard to\u2014
\n(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;
\n(ii) matters of common interest between the Municipalities and the Panchayats, including coordinated spatial planning of the area, sharing of water and other physical and natural resources,
\nthe integrated development of infrastructure and environmental conservation;
\n(iii) the overall objectives and priorities set by the Government of India and the Government
\nof the State;
\n(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies
\nof the Government of India and of the Government of the State and other available resources
\nwhether financial or otherwise;
\n(b) consult such institutions and organisations as the Governor may, by order, specify.
\n(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan,
\nas recommended by such Committee, to the Government of the State.
\n243ZF. Continuance of existing laws and Municipalities.\u2014Notwithstanding anything in this Part,
\nany provision of any law relating to Municipalities in force in a State immediately before the
\ncommencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the
\nprovisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature
\nor other competent authority or until the expiration of one year from such commencement, whichever is
\nearlier:
\nProvided that all the Municipalities existing immediately before such commencement shall continue
\ntill the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the
\nLegislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of
\nthe Legislature of that State.
\n243ZG. Bar to interference by courts in electoral matters.\u2014Notwithstanding anything in this
\nConstitution,\u2014
\n106
\n(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to
\nsuch constituencies, made or purporting to be made under article 243ZA shall not be called in question
\nin any court;
\n(b) no election to any Municipality shall be called in question except by an election petition
\npresented to such authority and in such manner as is provided for by or under any law made by the
\nLegislature of a State.]
\n1
\n[PART IXB
\nTHE CO-OPERATIVE SOCIETIES
\n243ZH. Definitions.\u2014In this Part, unless the context otherwise requires,\u2014
\n(a) \u201cauthorised person\u201d means a person referred to as such in article 243ZQ;
\n(b) \u201cboard\u201d means the board of directors or the governing body of a co-operative society, by
\nwhatever name called, to which the direction and control of the management of the affairs of a society
\nis entrusted to;
\n(c) \u201cco-operative society\u201d means a society registered or deemed to be registered under any law
\nrelating to co-operative societies for the time being in force in any State;
\n(d) \u201cmulti-State co-operative society\u201d means a society with objects not confined to one State and
\nregistered or deemed to be registered under any law for the time being in force relating to such cooperatives;
\n(e) \u201cOffice bearer\u201d means a President, Vice-President, Chairperson, Vice-Chairperson, Secretary
\nor Treasurer, of a co-operative society and includes any other person to be elected by the board of any
\nco-operative society;
\n(f) \u201cRegistrar\u201d means the Central Registrar appointed by the Central Government in relation to the
\nmulti-State co-operative societies and the Registrar for co-operative societies appointed by the State
\nGovernment under the law made by the Legislature of a State in relation to co-operative societies;
\n(g) \u201cState Act\u201d means any law made by the Legislature of a State;
\n(h) \u201cState level co-operative society\u201d means a co-operative society having its area of operation
\nextending to the whole of a State and defined as such in any law made by the Legislature of a State.
\n243ZI. Incorporation of co-operative societies.\u2014Subject to the provisions of this Part, the
\nLegislature of a State may, by law, make provisions with respect to the incorporation, regulation and
\nwinding up of co-operative societies based on the principles of voluntary formation, democratic membercontrol, member-economic participation and autonomous functioning.
\n243ZJ. Number and term of members of board and its office bearers.\u2014(1) The board shall consist
\nof such number of directors as may be provided by the Legislature of a State, by law:
\nProvided that the maximum number of directors of a co-operative society shall not exceed twenty-one:
\nProvided further that the Legislature of a State shall, by law, provide for the reservation of one seat for
\nthe Scheduled Castes or the Scheduled Tribes and two seats for women on board of every co-operative
\nsociety consisting of individuals as members and having members from such class of category of persons.
\n(2) The term of office of elected members of the board and its office bearers shall be five years from
\nthe date of election and the term of office bearers shall be coterminous with the term of the board:
\nProvided that the board may fill a casual vacancy on the board by nomination out of the same class of
\nmembers in respect of which the casual vacancy has arisen, if the term of office of the board is less than
\nhalf of its original term.<\/p>\n
1. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 4 (w.e.f. 15-2-2012).
\n107
\n(3) The Legislature of a State shall, by law, make provisions for co-option of persons to be members
\nof the board having experience in the field of banking, management, finance or specialisation in any other
\nfield relating to the objects and activities undertaken by the co-operative society, as members of the board
\nof such society:
\nProvided that the number of such co-opted members shall not exceed two in addition to twenty-one
\ndirectors specified in the first proviso to clause (1):
\nProvided further that such co-opted members shall not have the right to vote in any election of the cooperative society in their capacity as such member or to be eligible to be elected as office bearers of the
\nboard:
\nProvided also that the functional directors of a co-operative society shall also be the members of the
\nboard and such members shall be excluded for the purpose of counting the total number of directors
\nspecified in the first proviso to clause (1).
\n243ZK. Election of members of board.\u2014(1) Notwithstanding anything contained in any law made
\nby the Legislature of a State, the election of a board shall be conducted before the expiry of the term of the
\nboard so as to ensure that the newly elected members of the board assume office immediately on the expiry
\nof the term of the office of members of the outgoing board.
\n(2) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct
\nof, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the
\nLegislature of a State, by law:
\nProvided that the Legislature of a State may, by law, provide for the procedure and guidelines for the
\nconduct of such elections.
\n243ZL. Supersession and suspension of board and interim management.\u2014(1) Notwithstanding
\nanything contained in any law for the time being in force, no board shall be superseded or kept under
\nsupersession for a period exceeding six months:
\nProvided that the board may be superseded or kept under suspension in a case\u2014
\n(i) of its persistent default; or
\n(ii) of negligence in the performance of its duties; or
\n(iii) the board has committed any act prejudicial to the interests of the co-operative society or its
\nmembers; or
\n(iv) there is stalemate in the constitution or functions of the board; or
\n(v) the authority or body as provided by the Legislature of a State, by law, under clause (2) of
\narticle 243ZK, has failed to conduct elections in accordance with the provisions of the State Act:
\nProvided further that the board of any such co-operative society shall not be superseded or kept
\nunder suspension where there is no Government shareholding or loan or financial assistance or any
\nguarantee by the Government:
\nProvided also that in case of a co-operative society carrying on the business of banking, the
\nprovisions of the Banking Regulation Act, 1949 shall also apply:
\nProvided also that in case of a co-operative society, other than a multi- State co-operative society,
\ncarrying on the business of banking, the provisions of this clause shall have the effect as if for the words
\n\u201csix months\u201d, the words \u201cone year\u201d had been substituted.
\n108
\n(2) In case of supersession of a board, the administrator appointed to manage the affairs of such cooperative society shall arrange for conduct of elections within the period specified in clause (1) and hand
\nover the management to the elected board.
\n(3) The Legislature of a State may, by law, make provisions for the conditions of service of the
\nadministrator.
\n243ZM. Audit of accounts of co-operative societies.\u2014(1) The Legislature of a State may, by law,
\nmake provisions with respect to the maintenance of accounts by the co-operative societies and the auditing
\nof such accounts at least once in each financial year.
\n(2) The Legislature of a State shall, by law, lay down the minimum qualifications and experience of
\nauditors and auditing firms that shall be eligible for auditing accounts of the co-operative societies.
\n(3) Every co-operative society shall cause to be audited by an auditor or auditing firms referred to in
\nclause (2) appointed by the general body of the co-operative society:
\nProvided that such auditors or auditing firms shall be appointed from a panel approved by a State
\nGovernment or an authority authorised by the State Government in this behalf.
\n(4) The accounts of every co-operative society shall be audited within six months of the close of the
\nfinancial year to which such accounts relate.
\n(5) The audit report of the accounts of an apex co-operative society, as may be defined by the State Act,
\nshall be laid before the State Legislature in the manner, as may be provided by the State Legislature, by
\nlaw.
\n243ZN. Convening of general body meetings.\u2014The Legislature of a State may, by law, make
\nprovisions that the annual general body meeting of every co-operative society shall be convened within a
\nperiod of six months of close of the financial year to transact the business as may be provided in such law.
\n243ZO. Right of a member to get information.\u2014(1) The Legislature of a State may, by law, provide
\nfor access to every member of a co-operative society to the books, information and accounts of the cooperative society kept in regular transaction of its business with such members.
\n(2) The Legislature of a State may, by law, make provisions to ensure the participation of members of
\nthe management of the co-operative society providing minimum requirement of attending meetings by the
\nmembers and utilising the minimum level of services as may be provided in such law.
\n(3) The Legislature of a State may, by law, provide for co-operative education and training for its
\nmembers.
\n243ZP. Returns.\u2014(1) Every co-operative society shall file returns, within six months of the close of
\nevery financial year, to the authority designated by the State Government including the following matters,
\nnamely:\u2014
\n(a) annual report of its activities;
\n(b) its audited statement of accounts;
\n(c) plan for surplus disposal as approved by the general body of the co-operative society;
\n(d) list of amendments to the bye-laws of the co-operative society, if any;
\n(e) declaration regarding date of holding of its general body meeting and conduct of elections when
\ndue; and
\n(f) any other information required by the Registrar in pursuance of any of the provisions of the State
\nAct.
\n109
\n243ZQ. Offences and penalties.\u2014(1) The Legislature of a State may, by law, make provisions for the
\noffences relating to the co-operative societies and penalties for such offences.
\n(2) A law made by the Legislature of a State under clause (1) shall include the commission of the
\nfollowing act or omission as offences, namely:\u2014
\n(a) a co-operative society or an officer or member thereof wilfully makes a false return or furnishes
\nfalse information, or any person wilfully not furnishes any information required from him by a person
\nauthorised in this behalf under the provisions of the State Act;
\n(b) any person wilfully or without any reasonable excuse disobeys any summons, requisition or
\nlawful written order issued under the provisions of the State Act;
\n(c) any employer who, without sufficient cause, fails to pay to a co-operative society amount
\ndeducted by him from its employee within a period of fourteen days from the date on which such
\ndeduction is made;
\n(d) any officer or custodian who wilfully fails to handover custody of books, accounts, documents,
\nrecords, cash, security and other property belonging to a co-operative society of which he is an officer
\nor custodian, to an authorised person; and
\n(e) whoever, before, during or after the election of members of the board or office bearers, adopts
\nany corrupt practice.
\n243ZR. Application to multi-State co-operative societies.\u2014The provisions of this Part shall apply
\nto the multi-State co-operative societies subject to the modification that any reference to \u201cLegislature of a
\nState\u201d, \u201cState Act\u201d or State Government\u201d shall be construed as a reference to \u201cParliament\u201d, \u201cCentral Act\u201d
\nor \u201cthe Central Government\u201d respectively.
\n243ZS. Application to Union territories.\u2014The provisions of this Part shall apply to the Union
\nterritories and shall, in their application to a Union territory, having no Legislative Assembly as if the
\nreferences to the Legislature of a State were a reference to the administrator thereof appointed under article
\n239 and, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:
\nProvided that the President may, by notification in the Official Gazette, direct that the provisions of this
\nPart shall not apply to any Union territory or part thereof as he may specify in the notification.
\n243ZT. Continuance of existing laws.\u2014 Notwithstanding anything in this Part, any provision of any
\nlaw relating to co-operative societies in force in a State immediately before the commencement of the
\nConstitution (Ninety-seventh Amendment) Act, 2011, which is inconsistent with the provisions of this
\nPart, shall continue to be in force until amended or repealed by a competent Legislature or other competent
\nauthority or until the expiration of one year from such commencement, whichever is less.]
\nPART X
\nTHE SCHEDULED AND TRIBAL AREAS
\n244. Administration of Scheduled Areas and tribal areas.\u2014(1) The provisions of the Fifth Schedule
\nshall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State 1***
\nother than 2
\n[the States of Assam, 3
\n[
\n4
\n[Meghalaya, Tripura and Mizoram.]]]<\/p>\n
1. The words and letters \u201cspecified in Part A and Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Subs. by the North Eastern Areas (Reorganisation) Act,1971 (81 of 1971), s. 71, for \u201cthe State of Assam\u201d (w.e.f. 21-1-1972).
\n3. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2 for \u201cand Meghalaya\u201d (w.e.f. 1-4-1985).
\n4. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for \u201cMeghalaya and Tripura\u201d (w.e.f. 20-2-1987).
\n110
\n(2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States
\nof Assam,
\n1
\n[,
\n2
\n[Meghalaya, Tripura and Mizoram].
\n3
\n[244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation
\nof local Legislature or Council of Ministers or both therefor.\u2014(1) Notwithstanding anything in this
\nConstitution, Parliament may, by law, form within the State of Assam an autonomous State comprising
\n(whether wholly or in part) all or any of the tribal areas specified in 4
\n[Part I] of the table appended to
\nparagraph 20 of the Sixth Schedule and create therefor\u2014
\n(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for
\nthe autonomous State, or
\n(b) a Council of Ministers,
\nor both with such constitution, powers and functions, in each case, as may be specified in the law.
\n(2) Any such law as is referred to in clause (1) may, in particular,\u2014
\n(a) specify the matters enumerated in the State List or the Concurrent List with respect to which
\nthe Legislature of the autonomous State shall have power to make laws for the whole or any part thereof,
\nwhether to the exclusion of the Legislature of the State of Assam or otherwise;
\n(b) define the matters with respect to which the executive power of the autonomous State shall
\nextend;
\n(c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in
\nso far as the proceeds thereof are attributable to the autonomous State;
\n(d) provide that any reference to a State in any article of this Constitution shall be construed as
\nincluding a reference to the autonomous State; and
\n(e) make such supplemental, incidental and consequential provisions as may be deemed necessary.
\n(3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the
\nmatters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment
\nis passed in each House of Parliament by not less than two-thirds of the members present and voting.
\n(4) Any such law as is referred to in this article shall not be deemed to be an amendment of this
\nConstitution for the purposes of article 368 notwithstanding that it contains any provision which amends or
\nhas the effect of amending this Constitution.]
\nPART XI
\nRELATIONS BETWEEN THE UNION AND THE STATES
\nCHAPTER I.\u2014LEGISLATIVE RELATIONS
\nDistribution of Legislative Powers<\/p>\n
1. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for \u201cand Meghalaya\u201d (w.e.f. 1-4-1985).
\n2. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for \u201cMeghalaya and Tripura and the Union territory of Mizoram\u201d
\n(w.e.f. 20-2-1987).
\n3. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 2 (w.e.f. 25-9-1969).
\n4. Subs. by the North Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for \u201cPart A\u201d (w.e.f. 21-1-1972).
\n111
\n245. Extent of laws made by Parliament and by the Legislatures of States.\u2014(1) Subject to the
\nprovisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India,
\nand the Legislature of a State may make laws for the whole or any part of the State.
\n(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extraterritorial operation.
\n246. Subject-matter of laws made by Parliament and by the Legislatures of States.\u2014(1)
\nNotwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect
\nto any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the
\n\u201cUnion List\u201d).
\n(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of
\nany State 1*** also, have power to make laws with respect to any of the matters enumerated in List III in
\nthe Seventh Schedule (in this Constitution referred to as the \u201cConcurrent List\u201d).
\n(3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for
\nsuch State or any part thereof with respect to any of the matters enumerated in List II in the Seventh
\nSchedule (in this Constitution referred to as the \u201cState List\u201d).
\n(4) Parliament has power to make laws with respect to any matter for any part of the territory of India
\nnot included 2
\n[in a State] notwithstanding that such matter is a matter enumerated in the State List.
\n3
\n[246A. Special provision with respect to goods and services tax.\u2014(1) Notwithstanding anything
\ncontained in articles 246 and 254, Parliament, and, subject to clause (2), the Legislature of every State, have
\npower to make laws with respect to goods and services tax imposed by the Union or by such State.
\n(2) Parliament has exclusive power to make laws with respect to goods and services tax where the
\nsupply of goods, or of services, or both takes place in the course of inter-State trade or commerce.
\nExplanation.\u2014The provisions of this article, shall, in respect of goods and services tax referred to in
\nclause (5) of article 279A, take effect from the date recommended by the Goods and Services Tax Council.]
\n247. Power of Parliament to provide for the establishment of certain additional courts.\u2014
\nNotwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any
\nadditional courts for the better administration of laws made by Parliament or of any existing laws with
\nrespect to a matter enumerated in the Union List.
\n248. Residuary powers of legislation.\u2014(1) 4
\n[Subject to article 246A, Parliament] has exclusive power
\nto make any law with respect to any matter not enumerated in the Concurrent List or State List.
\n(2) Such power shall include the power of making any law imposing a tax not mentioned in either of
\nthose Lists.
\n249. Power of Parliament to legislate with respect to a matter in the State List in the national
\ninterest.\u2014(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States
\nhas declared by resolution supported by not less than two-thirds of the members present and voting that it
\nis necessary or expedient in the national interest that Parliament should make laws with respect to 5
\n[goods
\nand services tax provided under article 246A or] any matter enumerated in the State List specified in the
\nresolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India
\nwith respect to that matter while the resolution remains in force.
\n(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year
\nas may be specified therein:<\/p>\n
1. The words and letters \u201cspecified in Part A and Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Subs. by ibid., for \u201cin Part A or Part B of the First Schedule\u201d.
\n3. Ins. by the Constitution (One Hundred First Amendment) Act, 2016, s. 2 (w.e.f. 16-9-2016).
\n4. Subs. by s. 3, ibid., for the word \u201cParliament\u201d.
\n5. Ins. by s. 4, ibid.
\n112
\nProvided that, if and so often as a resolution approving the continuance in force of any such resolution
\nis passed in the manner provided in clause (1), such resolution shall continue in force for a further period
\nof one year from the date on which under this clause it would otherwise have ceased to be in force.
\n(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause
\n(1) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration
\nof a period of six months after the resolution has ceased to be in force, except as respects things done or
\nomitted to be done before the expiration of the said period.
\n250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation
\nof Emergency is in operation.\u2014(1) Notwithstanding anything in this Chapter, Parliament shall, while a
\nProclamation of Emergency is in operation, have power to make laws for the whole or any part of the
\nterritory of India with respect to 1
\n[goods and services tax provided under article 246A or] any of the matters
\nenumerated in the State List.
\n(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of
\nEmergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the
\nexpiration of a period of six months after the Proclamation has ceased to operate, except as respects things
\ndone or omitted to be done before the expiration of the said period.
\n251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made
\nby the Legislatures of States.\u2014Nothing in articles 249 and 250 shall restrict the power of the Legislature
\nof a State to make any law which under this Constitution it has power to make, but if any provision of a
\nlaw made by the Legislature of a State is repugnant to any provision of a law made by Parliament which
\nParliament has under either of the said articles power to make, the law made by Parliament, whether passed
\nbefore or after the law made by the Legislature of the State, shall prevail, and the law made by the
\nLegislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament
\ncontinues to have effect, be inoperative.
\n252. Power of Parliament to legislate for two or more States by consent and adoption of such
\nlegislation by any other State.\u2014(1) If it appears to the Legislatures of two or more States to be desirable
\nthat any of the matters with respect to which Parliament has no power to make laws for the States except
\nas provided in articles 249 and 250 should be regulated in such States by Parliament by law, and if
\nresolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful
\nfor Parliament to pass an act for regulating that matter accordingly, and any Act so passed shall apply to
\nsuch States and to any other State by which it is adopted afterwards by resolution passed in that behalf by
\nthe House or, where there are two Houses, by each of the Houses of the Legislature of that State.
\n(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or
\nadopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by
\nan Act of the Legislature of that State.
\n253. Legislation for giving effect to international agreements.\u2014Notwithstanding anything in the
\nforegoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of
\nthe territory of India for implementing any treaty, agreement or convention with any other country or
\ncountries or any decision made at any international conference, association or other body.
\n254. Inconsistency between laws made by Parliament and laws made by the Legislatures of
\nStates.\u2014(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a
\nlaw made by Parliament which Parliament is competent to enact, or to any provision of an existing law with
\nrespect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause
\n(2), the law made by Parliament, whether passed before or after the law made by the Legislature of such
\nState, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State
\nshall, to the extent of the repugnancy, be void.<\/p>\n
1. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 5, for the word \u201cParliament\u201d (w.e.f. 16-9-2016).
\n113
\n(2) Where a law made by the Legislature of a State 1*** with respect to one of the matters enumerated
\nin the Concurrent List contains any provision repugnant to the provisions of an earlier law made by
\nParliament or an existing law with respect to that matter, then, the law so made by the Legislature of such
\nState shall, if it has been reserved for the consideration of the President and has received his assent, prevail
\nin that State:
\nProvided that nothing in this clause shall prevent Parliament from enacting at any time any law with
\nrespect to the same matter including a law adding to, amending, varying or repealing the law so made by
\nthe Legislature of the State.
\n255. Requirements as to recommendations and previous sanctions to be regarded as matters of
\nprocedure only.\u2014No Act of Parliament or of the Legislature of a State 1***, and no provision in any such
\nAct, shall be invalid by reason only that some recommendation or previous sanction required by this
\nConstitution was not given, if assent to that Act was given\u2014
\n(a) where the recommendation required was that of the Governor, either by the Governor or by the
\nPresident;
\n(b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or
\nby the President;
\n(c) where the recommendation or previous sanction required was that of the President, by the
\nPresident.
\nCHAPTER II.\u2014ADMINISTRATIVE RELATIONS
\nGeneral
\n256. Obligation of States and the Union.\u2014The executive power of every State shall be so exercised as
\nto ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and
\nthe executive power of the Union shall extend to the giving of such directions to a State as may appear to the
\nGovernment of India to be necessary for that purpose.
\n257. Control of the Union over States in certain cases.\u2014(1) The executive power of every State shall
\nbe so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the
\nexecutive power of the Union shall extend to the giving of such directions to a State as may appear to the
\nGovernment of India to be necessary for that purpose.
\n(2) The executive power of the Union shall also extend to the giving of directions to a State as to the
\nconstruction and maintenance of means of communication declared in the direction to be of national or
\nmilitary importance:
\nProvided that nothing in this clause shall be taken as restricting the power of Parliament to declare
\nhighways or waterways to be national highways or national waterways or the power of the Union with
\nrespect to the highways or waterways so declared or the power of the Union to construct and maintain
\nmeans of communication as part of its functions with respect to naval, military and air force works.
\n(3) The executive power of the Union shall also extend to the giving of directions to a State as to the
\nmeasures to be taken for the protection of the railways within the State.
\n(4) Where in carrying out any direction given to a State under clause (2) as to the construction or
\nmaintenance of any means of communication or under clause (3) as to the measures to be taken for the
\nprotection of any railway, costs have been incurred in excess of those which would have been incurred in
\nthe discharge of the normal duties of the State if such direction had not been given, there shall be paid by
\nthe Government of India to the State such sum as may be agreed, or, in default of agreement, as may be
\ndetermined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred
\nby the State.<\/p>\n
1. The words and letters \u201cspecified in Part A and Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n114
\n1
\n[257A. Assistance to States by deployment of armed forces or other forces of the Union.].\u2014
\nOmitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 33 (w.e.f. 20-6-1979).
\n258. Power of the Union to confer powers, etc., on States in certain cases.\u2014(1) Notwithstanding
\nanything in this Constitution, the President may, with the consent of the Government of a State, entrust
\neither conditionally or unconditionally to that Government or to its officers functions in relation to any
\nmatter to which the executive power of the Union extends.
\n(2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter
\nwith respect to which the Legislature of the State has no power to make laws, confer powers and impose
\nduties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and
\nauthorities thereof.
\n(3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or
\nofficers or authorities thereof, there shall be paid by the Government of India to the State such sum as may
\nbe agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice
\nof India, in respect of any extra costs of administration incurred by the State in connection with the exercise
\nof those powers and duties.
\n2
\n[258A. Power of the States to entrust functions to the Union.\u2014Notwithstanding anything in this
\nConstitution, the Governor of a State may, with the consent of the Government of India, entrust either
\nconditionally or unconditionally to that Government or to its officers functions in relation to any matter to
\nwhich the executive power of the State extends.]
\n259. [Armed Forces in States in Part B of the First Schedule.]\u2014Omitted by the Constitution (Seventh
\nAmendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956).
\n260. Jurisdiction of the Union in relation to territories outside India.\u2014The Government of India
\nmay by agreement with the Government of any territory not being part of the territory of India undertake
\nany executive, legislative or judicial functions vested in the Government of such territory, but every such
\nagreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for
\nthe time being in force.
\n261. Public acts, records and judicial proceedings.\u2014(1) Full faith and credit shall be given
\nthroughout the territory of India to public acts, records and judicial proceedings of the Union and of every
\nState.
\n(2) The manner in which and the conditions under which the acts, records and proceedings referred to
\nin clause (1) shall be proved and the effect thereof determined shall be as provided by law made by
\nParliament.
\n(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India
\nshall be capable of execution anywhere within that territory according to law.
\nDisputes relating to Waters
\n262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.\u2014(1)
\nParliament may by law provide for the adjudication of any dispute or complaint with respect to the use,
\ndistribution or control of the waters of, or in, any inter-State river or river valley.
\n(2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the
\nSupreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint
\nas is referred to in clause (1).<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 43 (w.e.f. 3-1-1977).
\n2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 18 (w.e.f. 1-11-1956).
\n115
\nCo-ordination between States
\n263. Provisions with respect to an inter-State Council.\u2014If at any time it appears to the President
\nthat the public interests would be served by the establishment of a Council charged with the duty of\u2014
\n(a) inquiring into and advising upon disputes which may have arisen between States;
\n(b) investigating and discussing subjects in which some or all of the States, or the Union and one
\nor more of the States, have a common interest; or
\n(c) making recommendations upon any such subject and, in particular, recommendations for the
\nbetter co-ordination of policy and action with respect to that subject,
\nit shall be lawful for the President by order to establish such a Council, and to define the nature of the duties
\nto be performed by it and its organisation and procedure.
\nPART XII
\nFINANCE, PROPERTY, CONTRACTS AND SUITS
\nCHAPTER I.\u2014FINANCE
\nGeneral
\n1
\n[264. Interpretation.\u2014In this Part, \u201cFinance Commission\u201d means a Finance Commission constituted
\nunder article 280.]
\n265. Taxes not to be imposed save by authority of law.\u2014No tax shall be levied or collected except
\nby authority of law.
\n266. Consolidated Funds and public accounts of India and of the States.\u2014(1) Subject to the
\nprovisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole
\nor part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of
\nIndia, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances
\nand all moneys received by that Government in repayment of loans shall form one consolidated fund to be
\nentitled \u201cthe Consolidated Fund of India\u201d, and all revenues received by the Government of a State, all loans
\nraised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys
\nreceived by that Government in repayment of loans shall form one consolidated fund to be entitled \u201cthe
\nConsolidated Fund of the State\u201d.
\n(2) All other public moneys received by or on behalf of the Government of India or the Government of
\na State shall be credited to the public account of India or the public account of the State, as the case may
\nbe.
\n(3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be
\nappropriated except in accordance with law and for the purposes and in the manner provided in this
\nConstitution.
\n267. Contingency Fund.\u2014(1) Parliament may by law establish a Contingency Fund in the nature of
\nan imprest to be entitled \u201cthe Contingency Fund of India\u201d into which shall be paid from time to time such
\nsums as may be determined by such law, and the said Fund shall be placed at the disposal of the President
\nto enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure
\npending authorisation of such expenditure by Parliament by law under article 115 or article 116.
\n(2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be
\nentitled \u201cthe Contingency Fund of the State\u201d into which shall be paid from time to time such sums as may be
\ndetermined by such law, and the said Fund shall be placed at the disposal of the Governor 2*** of the State to
\nenable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure
\npending authorisation of such expenditure by the Legislature of the State by law under article 205 or article
\n206.<\/p>\n
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. The words \u201cor Rajpramukh\u201d omitted by ibid.
\n116
\nDistribution of Revenues between the Union and the States
\n268. Duties levied by the Union but collected and appropriated by the States.\u2014(1) Such stamp
\nduties 1*** as are mentioned in the Union List shall be levied by the Government of India but shall be
\ncollected\u2014
\n(a)in the case where such duties are leviable within any 2
\n[Union territory], by the Government of
\nIndia, and
\n(b)in other cases, by the States within which such duties are respectively leviable.
\n(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of
\nthe Consolidated Fund of India, but shall be assigned to that State.
\n3268A. [Service tax levied by Union and collected and appropriated by the Union and the State.].\u2014
\nOmitted by the constitution (One Hundred and First Amendment) Act, 2016, s. 7 (w.e.f. 16-9-2016).
\n269. Taxes levied and collected by the Union but assigned to the States.\u2014 4
\n[(1) Taxes on the sale
\nor purchase of goods and taxes on the consignment of goods 5
\n[except as provided in article 269A] shall be
\nlevied and collected by the Government of India but shall be assigned and shall be deemed to have been
\nassigned to the States on or after the 1st day of April, 1996 in the manner provided in clause (2).
\nExplanation.\u2014For the purposes of this clause,\u2014
\n(a) the expression “taxes on the sale or purchase of goods” shall mean taxes on sale or purchase of
\ngoods other than newspapers, where such sale or purchase takes place in the course of inter-State trade
\nor commerce;
\n(b) the expression \u201ctaxes on the consignment of goods\u201d shall mean taxes on the consignment of
\ngoods (whether the consignment is to the person making it or to any other person), where such
\nconsignment takes place in the course of inter-State trade or commerce.
\n(2) The net proceeds in any financial year of any such tax, except in so far as those proceeds represent
\nproceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall
\nbe assigned to the States within which that tax is leviable in that year, and shall be distributed among those
\nStates in accordance with such principles of distribution as may be formulated by Parliament by law.]
\n6
\n[(3) Parliament may by law formulate principles for determining when a 7
\n[sale or purchase of, or
\nconsignment of, goods] takes place in the course of inter-State trade or commerce.]
\n8
\n[269A. Levy and collection of goods and services tax in course of inter-State trade or
\ncommerce.\u2014 (1) Goods and services tax on supplies in the course of inter-State trade or commerce shall
\nbe levied and collected by the Government of India and such tax shall be apportioned between the Union
\nand the States in the manner as may be provided by Parliament by law on the recommendations of the
\nGoods and Services Tax Council.
\nExplanation.\u2014For the purposes of this clause, supply of goods, or of services, or both in the course
\nof import into the territory of India shall be deemed to be supply of goods, or of services, or both in the
\ncourse of inter-State trade or commerce.
\n(2) The amount apportioned to a State under clause (1) shall not form part of the Consolidated Fund
\nof India.<\/p>\n
1. The words \u201cand such duties of excise on medicinal and toilet preparations\u201d omitted by the Constitution (One Hundred and First
\nAmendment) Act, 2016, s. 6 (w.e.f. 16-9-2016).
\n2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for \u201cState specified in Part C of the First Schedule\u201d
\n(w.e.f. 1-11-1956).
\n3. Art. 268A was ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 2 (not enforced).
\n4. Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 2, for cls. (1) and (2) (w.e.f. 9-6-2000).
\n5. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016 s. 8 (w.e.f. 16-9-2016).
\n6. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 3 (w.e.f. 11-9-1956).
\n7. Subs. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 2, for \u201csale or purchase of good\u201d (w.e.f. 2-2-1983).
\n8. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 9 (w.e.f. 16-9-2016).
\n117
\n(3) Where an amount collected as tax levied under clause (1) has been used for payment of the tax
\nlevied by a State under article 246A, such amount shall not form part of the Consolidated Fund of India.
\n(4) Where an amount collected as tax levied by a State under article 246A has been used for payment
\nof the tax levied under clause (1), such amount shall not form part of the Consolidated Fund of the State.
\n(5) Parliament may, by law, formulate the principles for determining the place of supply, and when a
\nsupply of goods, or of services, or both takes place in the course of inter-State trade or commerce.]
\n1
\n[270. Taxes levied and distributed between the Union and the States.\u2014 (1) All taxes and duties
\nreferred to in the Union List, except the duties and taxes referred to in articles 2
\n[268, 269 and 269A],
\nrespectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific
\npurposes under any law made by Parliament shall be levied and collected by the Government of India and
\nshall be distributed between the Union and the States in the manner provided in clause (2).
\n3
\n[(1A) The tax collected by the Union under clause (1) of article 246A shall also be distributed between
\nthe Union and the States in the manner provided in clause (2).
\n(1B) The tax levied and collected by the Union under clause (2) of article 246A and article 269A,
\nwhich has been used for payment of the tax levied by the Union under clause (1) of article 246A, and the
\namount apportioned to the Union under clause (1) of article 269A, shall also be distributed between the
\nUnion and the States in the manner provided in clause (2).]
\n(2) Such percentage, as may be prescribed, of the net proceeds of any such tax or duty in any financial
\nyear shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which
\nthat tax or duty is leviable in that year, and shall be distributed among those States in such manner and from
\nsuch time as may be prescribed in the manner provided in clause (3).
\n(3) In this article, \u201cprescribed\u201d means,\u2014
\n(i) until a Finance Commission has been constituted, prescribed by the President by order, and
\n(ii) after a Finance Commission has been constituted, prescribed by the President by order after
\nconsidering the recommendations of the Finance Commission.]
\n271. Surcharge on certain duties and taxes for purposes of the Union.\u2014Notwithstanding anything
\nin articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in those
\narticles 4
\n[except the goods and services tax under article 246A,] by a surcharge for purposes of the Union
\nand the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India.
\n272. [Taxes which are levied and collected by the Union and may be distributed between the Union and
\nthe States.].\u2013Omitted by the Constitution (Eightieth Amendment) Act, 2000, s. 4 (w.e.f. 9-6-2000).
\n273. Grants in lieu of export duty on jute and jute products.\u2014(1) There shall be charged on the
\nConsolidated Fund of India in each year as grants-in-aid of the revenues of the States of Assam, Bihar,
\n5
\n[Odisha] and West Bengal, in lieu of assignment of any share of the net proceeds in each year of export
\nduty on jute and jute products to those States, such sums as may be prescribed.
\n(2) The sums so prescribed shall continue to be charged on the Consolidated Fund of India so long as
\nany export duty on jute or jute products continues to be levied by the Government of India or until the
\nexpiration of ten years from the commencement of this Constitution whichever is earlier.<\/p>\n
1. Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 3 (w.e.f. 9-6-2000).
\n2. The words and figures in 268 and 269 substituted as \u201c268, 268A and 269\u201d by the Constitution (Eighty-eighth Amendment) Act,
\n2003, s. 3 (not enforced) and further substituted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 10
\n(w.e.f. 16-9-2016).
\n3. Ins. by ibid.
\n4. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 11 (w.e.f. 16-9-2016).
\n5. Subs. by Orissa (Alteration of Name) Act, 2011 (15 of 2011) s. 5, for \u201cOrissa\u201d (w.e.f. 1-11-2011).
\n118
\n(3) In this article, the expression \u201cprescribed\u201d has the same meaning as in article 270.
\n274. Prior recommendation of President required to Bills affecting taxation in which States are
\ninterested.\u2014(1) No Bill or amendment which imposes or varies any tax or duty in which States are
\ninterested, or which varies the meaning of the expression \u201cagricultural income\u201d as defined for the purposes
\nof the enactments relating to Indian income-tax, or which affects the principles on which under any of the
\nforegoing provisions of this Chapter moneys are or may be distributable to States, or which imposes any
\nsuch surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter,
\nshall be introduced or moved in either House of Parliament except on the recommendation of the President.
\n(2) In this article, the expression \u201ctax or duty in which States are interested\u201d means\u2014
\n(a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; or
\n(b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out
\nof the Consolidated Fund of India to any State.
\n275. Grants from the Union to certain States.\u2014(1) Such sums as Parliament may by law provide
\nshall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such
\nStates as Parliament may determine to be in need of assistance, and different sums may be fixed for different
\nStates:
\nProvided that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues
\nof a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such
\nschemes of development as may be undertaken by the State with the approval of the Government of India
\nfor the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of
\nadministration of the Scheduled Areas therein to that of the administration of the rest of the areas of that
\nState:
\nProvided further that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the
\nrevenues of the State of Assam sums, capital and recurring, equivalent to\u2014
\n(a) the average excess of expenditure over the revenues during the two years immediately preceding
\nthe commencement of this Constitution in respect of the administration of the tribal areas specified in
\n1
\n[Part I] of the table appended to paragraph 20 of the Sixth Schedule; and
\n(b) the costs of such schemes of development as may be undertaken by that State with the approval
\nof the Government of India for the purpose of raising the level of administration of the said areas to
\nthat of the administration of the rest of the areas of that State.
\n2
\n[(1A) On and from the formation of the autonomous State under article 244A,\u2014
\n(i) any sums payable under clause (a) of the second proviso to clause (1) shall, if the autonomous
\nState comprises all the tribal areas referred to therein, be paid to the autonomous State, and, if the
\nautonomous State comprises only some of those tribal areas, be apportioned between the State of Assam
\nand the autonomous State as the President may, by order, specify;
\n(ii) there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the
\nautonomous State sums, capital and recurring, equivalent to the costs of such schemes of development
\nas may be undertaken by the autonomous State with the approval of the Government of India for the
\npurpose of raising the level of administration of that State to that of the administration of the rest of the
\nState of Assam.]
\n(2) Until provision is made by Parliament under clause (1), the powers conferred on Parliament under
\nthat clause shall be exercisable by the President by order and any order made by the President under this
\nclause shall have effect subject to any provision so made by Parliament:
\nProvided that after a Finance Commission has been constituted no order shall be made under this clause<\/p>\n
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) s. 71, for \u201c Part A\u201d (w.e.f. 21-1-1972).
\n2. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 3 ( w.e.f. 25-9-1969).
\n119
\nby the President except after considering the recommendations of the Finance Commission.
\n276. Taxes on professions, trades, callings and employments.\u2014(1) Notwithstanding anything in article
\n246, no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district
\nboard, local board or other local authority therein in respect of professions, trades, callings or employments shall
\nbe invalid on the ground that it relates to a tax on income.
\n(2) The total amount payable in respect of any one person to the State or to any one municipality, district
\nboard, local board or other local authority in the State by way of taxes on professions, trades, callings and
\nemployments shall not exceed 1
\n[two thousand and five hundred rupees] per annum.
\n2* * * * *
\n(3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on
\nprofessions, trades, callings and employments shall not be construed as limiting in any way the power of
\nParliament to make laws with respect to taxes on income accruing from or arising out of professions, trades,
\ncallings and employments.
\n277. Savings.\u2014Any taxes, duties, cesses or fees which, immediately before the commencement of this
\nConstitution, were being lawfully levied by the Government of any State or by any municipality or other
\nlocal authority or body for the purposes of the State, municipality, district or other local area may,
\nnotwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be
\nlevied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.
\n278. [Agreement with States in Part B of the First Schedule with regard to certain financial matters.]-
\nOmitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956).
\n279. Calculation of \u201cnet proceeds\u201d, etc.\u2014(1) In the foregoing provisions of this Chapter, \u201cnet
\nproceeds\u201d means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and
\nfor the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty,
\nin or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of
\nIndia, whose certificate shall be final.
\n(2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament
\nor an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or
\nmay be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the
\ntime from or at which and the manner in which any payments are to be made, for the making of adjustments
\nbetween one financial year and another, and for any other incidental or ancillary matters.
\n3
\n[279A. Goods and Services Tax Council.\u2014(1) The President shall, within sixty days from the date
\nof commencement of the Constitution (One Hundred and First Amendment) Act, 2016, by order, constitute
\na Council to be called the Goods and Services Tax Council.
\n(2) The Goods and Services Tax Council shall consist of the following members, namely:\u2014
\n(a) the Union Finance Minister\u2014Chairperson;
\n(b) the Union Minister of State in charge of Revenue or Finance\u2014Member ;
\n(c) the Minister in charge of Finance or Taxation or any other Minister nominated by each State
\nGovernment\u2014Members.
\n(3) The Members of the Goods and Services Tax Council referred to in sub-clause (c) of clause (2)
\nshall, as soon as may be, choose one amongst themselves to be the Vice-Chairperson of the Council for
\nsuch period as they may decide.
\n(4) The Goods and Services Tax Council shall make recommendations to the Union and the States on\u2014<\/p>\n
1. Subs. by the Constitution (Sixtieth Amendment) Act, 1988, s. 2, for \u201ctwo hundred and fifty rupees\u201d. (w.e.f. 20-12-1988).
\n2. Proviso omitted by ibid.
\n3. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 12 (w.e.f. 12-9-2016).
\n120
\n(a) the taxes, cesses and surcharges levied by the Union, the States and the local bodies which may
\nbe subsumed in the goods and services tax;
\n(b) the goods and services that may be subjected to, or exempted from the goods and services tax;
\n(c) model Goods and Services Tax Laws, principles of levy, apportionment of Goods and Services
\nTax levied on supplies in the course of inter-State trade or commerce under article 269A and the
\nprinciples that govern the place of supply;
\n(d) the threshold limit of turnover below which goods and services may be exempted from goods
\nand services tax;
\n(e) the rates including floor rates with bands of goods and services tax ;
\n(f) any special rate or rates for a specified period, to raise additional resources during any natural
\ncalamity or disaster ;
\n(g) special provision with respect to the States of Arunachal Pradesh, Assam, Jammu and Kashmir,
\nManipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and
\n(h) any other matter relating to the goods and services tax, as the Council may decide.
\n(5) The Goods and Services Tax Council shall recommend the date on which the goods and services
\ntax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas
\nand aviation turbine fuel.
\n(6) While discharging the functions conferred by this article, the Goods and Services Tax Council shall
\nbe guided by the need for a harmonised structure of goods and services tax and for the development of a
\nharmonised national market for goods and services.
\n(7) One-half of the total number of Members of the Goods and Services Tax Council shall constitute
\nthe quorum at its meetings.
\n(8) The Goods and Services Tax Council shall determine the procedure in the performance of its
\nfunctions.
\n(9) Every decision of the Goods and Services Tax Council shall be taken at a meeting, by a majority of
\nnot less than three-fourths of the weighted votes of the members present and voting, in accordance with the
\nfollowing principles, namely:\u2014
\n(a) the vote of the Central Government shall have a weightage of one-third of the total votes cast,
\nand
\n(b) the votes of all the State Governments taken together shall have a weightage of two-thirds of
\nthe total votes cast, in that meeting.
\n(10) No act or proceedings of the Goods and Services Tax Council shall be invalid merely by reason
\nof\u2014
\n(a) any vacancy in, or any defect in, the constitution of the Council; or
\n(b) any defect in the appointment of a person as a Member of the Council; or
\n(c) any procedural irregularity of the Council not affecting the merits of the case.
\n(11) The Goods and Services Tax Council shall establish a mechanism to adjudicate any dispute\u2014
\n(a) between the Government of India and one or more States; or
\n121
\n(b) between the Government of India and any State or States on one side and one or more other
\nStates on the other side; or
\n(c) between two or more States, arising out of the recommendations of the Council or
\nimplementation thereof.]
\n280. Finance Commission.\u2014(1) The President shall, within two years from the commencement of this
\nConstitution and thereafter at the expiration of every fifth year or at such earlier time as the President
\nconsiders necessary, by order constitute a Finance Commission which shall consist of a Chairman and four
\nother members to be appointed by the President.
\n(2) Parliament may by law determine the qualifications which shall be requisite for appointment as
\nmembers of the Commission and the manner in which they shall be selected.
\n(3) It shall be the duty of the Commission to make recommendations to the President as to\u2014
\n(a) the distribution between the Union and the States of the net proceeds of taxes which are to be,
\nor may be, divided between them under this Chapter and the allocation between the States of the
\nrespective shares of such proceeds;
\n(b) the principles which should govern the grants-in-aid of the revenues of the States out of the
\nConsolidated Fund of India;
\n1
\n[(bb) the measures needed to augment the Consolidated Fund of a State to supplement the resources of
\nthe Panchayats in the State on the basis of the recommendations made by the Finance Commission of the
\nState;]
\n2
\n[(c) the measures needed to augment the Consolidated Fund of a State to supplement the resources
\nof the Municipalities in the State on the basis of the recommendations made by the Finance Commission
\nof the State;]
\n3
\n[(d)] any other matter referred to the Commission by the President in the interests of sound finance.
\n(4) The Commission shall determine their procedure and shall have such powers in the performance of
\ntheir functions as Parliament may by law confer on them.
\n281. Recommendations of the Finance Commission.\u2014The President shall cause every
\nrecommendation made by the Finance Commission under the provisions of this Constitution together with
\nan explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.
\nMiscellaneous Financial Provisions
\n282. Expenditure defrayable by the Union or a State out of its revenues.\u2014The Union or a State
\nmay make any grants for any public purpose, notwithstanding that the purpose is not one with respect to
\nwhich Parliament or the Legislature of the State, as the case may be, may make laws.
\n283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public
\naccounts.\u2014(1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the
\npayment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys
\nother than those credited to such Funds received by or on behalf of the Government of India, their payment
\ninto the public account of India and the withdrawal of moneys from such account and all other matters
\nconnected with or ancillary to matters aforesaid shall be regulated by law made by Parliament, and, until
\nprovision in that behalf is so made, shall be regulated by rules made by the President.
\n(2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment<\/p>\n
1. Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 3 (w.e.f. 24-4-1993).
\n2. Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 3 (w.e.f. 1-6-1993).
\n3. Sub-clause (c) re-lettered as sub-clause (d) by ibid.
\n122
\nof moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than
\nthose credited to such Funds received by or on behalf of the Government of the State, their payment into
\nthe public account of the State and the withdrawal of moneys from such account and all other matters
\nconnected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the
\nState, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor 1***
\nof the State.
\n284. Custody of suitors\u2019 deposits and other moneys received by public servants and courts.\u2014All
\nmoneys received by or deposited with\u2014
\n(a) any officer employed in connection with the affairs of the Union or of a State in his capacity as
\nsuch, other than revenues or public moneys raised or received by the Government of India or the
\nGovernment of the State, as the case may be, or
\n(b) any court within the territory of India to the credit of any cause, matter, account or persons,
\nshall be paid into the public account of India or the public account of State, as the case may be.
\n285. Exemption of property of the Union from State taxation.\u2014(1) The property of the Union shall,
\nsave in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or
\nby any authority within a State.
\n(2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within
\na State from levying any tax on any property of the Union to which such property was immediately before
\nthe commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied
\nin that State.
\n286. Restrictions as to imposition of tax on the sale or purchase of goods.\u2014(1) No law of a State
\nshall impose, or authorise the imposition of, a tax on 2
\n[the supply of goods or of services or both, where
\nsuch supply takes place]\u2014
\n(a) outside the State; or
\n(b) in the course of the import of the 3
\n[goods or services or both] into, or export of the 3
\n[goods or
\nservices or both]out of, the territory of India.
\n4* * * * *
\n5
\n[(2) Parliament may by law formulate principles for determining when a 6
\n[supply of goods or of services
\nor both] in any of the ways mentioned in clause (1).]
\n7* * * * *
\n287. Exemption from taxes on electricity.\u2014Save in so far as Parliament may by law otherwise
\nprovide, no law of a State shall impose, or authorise the imposition of, a tax on the consumption or sale of
\nelectricity (whether produced by a Government or other persons) which is\u2014
\n(a) consumed by the Government of India, or sold to the Government of India for consumption by
\nthat Government; or<\/p>\n
1. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 13(i)(A), for the words “the sale or purchase of
\ngoods where such sale or purchase takes place” (w.e.f. 16-9-2016).
\n3. Subs. by s. 13(i)(B), ibid., for the words \u201cgoods\u201d.
\n4. Explanation to cl. (1) omitted by the Constitution (Sixth Amendment) Act, 1956, s. 4 (w.e.f. 11-9-1956).
\n5. Subs. by ibid. for cls. (2) and (3).
\n6. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016 s. 13(ii), for the words \u201csale or purchase of goods takes
\nplace\u201d (w.e.f. 16-9-2016).
\n7. Cl. (3) omitted by s. 13(iii), ibid.
\n123
\n(b) consumed in the construction, maintenance or operation of any railway by the Government of
\nIndia or a railway company operating that railway, or sold to that Government or any such railway
\ncompany for consumption in the construction, maintenance or operation of any railway,
\nand any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that
\nthe price of electricity sold to the Government of India for consumption by that Government, or to any such
\nrailway company as aforesaid for consumption in the construction, maintenance or operation of any railway,
\nshall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of
\nelectricity.
\n288. Exemption from taxation by States in respect of water or electricity in certain cases.\u2014
\n(1)Save in so far as the President may by order otherwise provide, no law of a State in force immediately
\nbefore the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect
\nof any water or electricity stored, generated, consumed, distributed or sold by any authority established by
\nany existing law or any law made by Parliament for regulating or developing any inter-State river or rivervalley.
\nExplanation.\u2014The expression \u201claw of a State in force\u201d in this clause shall include a law of a State
\npassed or made before the commencement of this Constitution and not previously repealed, notwithstanding
\nthat it or parts of it may not be then in operation either at all or in particular areas.
\n(2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is
\nmentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for
\nthe consideration of the President, received his assent; and if any such law provides for the fixation of the
\nrates and other incidents of such tax by means of rules or orders to be made under the law by any authority,
\nthe law shall provide for the previous consent of the President being obtained to the making of any such
\nrule or order.
\n289. Exemption of property and income of a State from Union taxation.\u2014(1) The property and
\nincome of a State shall be exempt from Union taxation.
\n(2) Nothing in clause (1) shall prevent the Union from imposing, or authorising the imposition of, any
\ntax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind
\ncarried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any
\nproperty used or occupied for the purposes of such trade or business, or any income accruing or arising in
\nconnection therewith.
\n(3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which
\nParliament may by law declare to be incidental to the ordinary functions of Government.
\n290. Adjustment in respect of certain expenses and pensions.\u2014Where under the provisions of this
\nConstitution the expenses of any court or Commission, or the pension payable to or in respect of a person
\nwho has served before the commencement of this Constitution under the Crown in India or after such
\ncommencement in connection with the affairs of the Union or of a State, are charged on the Consolidated
\nFund of India or the Consolidated Fund of a State, then, if\u2014
\n(a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any
\nof the separate needs of a State, or the person has served wholly or in part in connection with the affairs
\nof a State; or
\n(b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves
\nany of the separate needs of the Union or another State, or the person has served wholly or in part in
\nconnection with the affairs of the Union or another State,
\nthere shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the
\nConsolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the
\nexpenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to
\n124
\nbe appointed by the Chief Justice of India.
\n1
\n[290A. Annual payment to certain Devaswom Funds.\u2014A sum of forty-six lakhs and fifty thousand
\nrupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the
\nTravancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on,
\nand paid out of, the Consolidated Fund of the State of 2
\n[Tamil Nadu] every year to the Devaswom Fund
\nestablished in that State for the maintenance of Hindu temples and shrines in the territories transferred to
\nthat State on the 1st day of November, 1956, from the State of Travancore-Cochin.]
\n291. [Privy purse sums of Rulers.].\u2013Omitted by the Constitution (Twenty-sixth Amendment) Act, 1971,
\ns. 2 (w.e.f. 28-12-1971).
\nCHAPTER II.\u2014BORROWING
\n292. Borrowing by the Government of India.\u2014The executive power of the Union extends to
\nborrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time
\nto time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be
\nso fixed.
\n293. Borrowing by States.\u2014(1) Subject to the provisions of this article, the executive power of a State
\nextends to borrowing within the territory of India upon the security of the Consolidated Fund of the State
\nwithin such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to
\nthe giving of guarantees within such limits, if any, as may be so fixed.
\n(2) The Government of India may, subject to such conditions as may be laid down by or under any law
\nmade by Parliament, make loans to any State or, so long as any limits fixed under article 292 are not
\nexceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of
\nmaking such loans shall be charged on the Consolidated Fund of India.
\n(3) A State may not without the consent of the Government of India raise any loan if there is still
\noutstanding any part of a loan which has been made to the State by the Government of India or by its
\npredecessor Government, or in respect of which a guarantee has been given by the Government of India or
\nby its predecessor Government.
\n(4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of
\nIndia may think fit to impose.
\nCHAPTER III.\u2014PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,
\nOBLIGATIONS AND SUITS
\n294. Succession to property, assets, rights, liabilities and obligations in certain cases.\u2014As from
\nthe commencement of this Constitution\u2014
\n(a) all property and assets which immediately before such commencement were vested in His
\nMajesty for the purposes of the Government of the Dominion of India and all property and assets which
\nimmediately before such commencement were vested in His Majesty for the purposes of the
\nGovernment of each Governor\u2019s Province shall vest respectively in the Union and the corresponding
\nState, and
\n(b) all rights, liabilities and obligations of the Government of the Dominion of India and of the
\nGovernment of each Governor’s Province, whether arising out of any contract or otherwise, shall be the
\nrights, liabilities and obligations respectively of the Government of India and the Government of each
\ncorresponding State,<\/p>\n
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 19 (w.e.f. 1-11-1956).
\n2. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for \u201cMadras\u201d (w.e.f. 14-1-1969).
\n125
\nsubject to any adjustment made or to be made by reason of the creation before the commencement of this
\nConstitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab
\nand East Punjab.
\n295. Succession to property, assets, rights, liabilities and obligations in other cases.\u2014(1) As from
\nthe commencement of this Constitution\u2014
\n(a) all property and assets which immediately before such commencement were vested in any
\nIndian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union,
\nif the purposes for which such property and assets were held immediately before such commencement
\nwill thereafter be purposes of the Union relating to any of the matters enumerated in the Union List,
\nand
\n(b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State
\nspecified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights,
\nliabilities and obligations of the Government of India, if the purposes for which such rights were acquired
\nor liabilities or obligations were incurred before such commencement will thereafter be purposes of the
\nGovernment of India relating to any of the matters enumerated in the Union List,
\nsubject to any agreement entered into in that behalf by the Government of India with the Government of
\nthat State.
\n(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as
\nfrom the commencement of this Constitution, be the successor of the Government of the corresponding Indian
\nState as regards all property and assets and all rights, liabilities and obligations, whether arising out of any
\ncontract or otherwise, other than those referred to in clause (1).
\n296. Property accruing by escheat or lapse or as bona vacantia.\u2014Subject as hereinafter provided, any
\nproperty in the territory of India which, if this Constitution had not come into operation, would have accrued
\nto His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia
\nfor want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other
\ncase, vest in the Union:
\nProvided that any property which at the date when it would have so accrued to His Majesty or to the
\nRuler of an Indian State was in the possession or under the control of the Government of India or the
\nGovernment of a State shall, according as the purposes for which it was then used or held were purposes of
\nthe Union or of a State, vest in the Union or in that State.
\nExplanation.\u2014In this article, the expressions \u201cRuler\u201d and \u201cIndian State\u201d have the same meanings as in
\narticle 363.
\n1
\n[297. Things of value within territorial waters or continental shelf and resources of the exclusive
\neconomic zone to vest in the Union.\u2014(1) All lands, minerals and other things of value underlying the
\nocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall
\nvest in the Union and be held for the purposes of the Union.
\n(2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held
\nfor the purposes of the Union.
\n(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other
\nmaritime zones, of India shall be such as may be specified, from time to time, by or under any law made
\nby Parliament.]
\n2
\n[298. Power to carry on trade, etc.\u2014 The executive power of the Union and of each State shall
\nextend to the carrying on of any trade or business and to the acquisition, holding and disposal of property
\nand the making of contracts for any purpose:<\/p>\n
1. Subs. by the Constitution (Fortieth Amendment) Act, 1976, s. 2 (w.e.f. 27-5-1976).
\n2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 20 (w.e.f. 1-11-1956).
\n126
\nProvided that\u2014
\n(a) the said executive power of the Union shall, in so far as such trade or business or such purpose
\nis not one with respect to which Parliament may make laws, be subject in each State to legislation by
\nthe State; and
\n(b) the said executive power of each State shall, in so far as such trade or business or such purpose
\nis not one with respect to which the State Legislature may make laws, be subject to legislation by
\nParliament.]
\n299. Contracts.\u2014(1) All contracts made in the exercise of the executive power of the Union or of a
\nState shall be expressed to be made by the President, or by the Governor 1*** of the State, as the case may
\nbe, and all such contracts and all assurances of property made in the exercise of that power shall be executed
\non behalf of the President or the Governor 1*** by such persons and in such manner as he may direct or
\nauthorise.
\n(2) Neither the President nor the Governor 2*** shall be personally liable in respect of any contract or
\nassurance made or executed for the purposes of this Constitution, or for the purposes of any enactment
\nrelating to the Government of India heretofore in force, nor shall any person making or executing any such
\ncontract or assurance on behalf of any of them be personally liable in respect thereof.
\n300. Suits and proceedings.\u2014(1) The Government of India may sue or be sued by the name of the
\nUnion of India and the Government of a State may sue or be sued by the name of the State and may, subject
\nto any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by
\nvirtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the
\nlike cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States
\nmight have sued or been sued if this Constitution had not been enacted.
\n(2) If at the commencement of this Constitution\u2014
\n(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India
\nshall be deemed to be substituted for the Dominion in those proceedings; and
\n(b) any legal proceedings are pending to which a Province or an Indian State is a party, the
\ncorresponding State shall be deemed to be substituted for the Province or the Indian State in those
\nproceedings.
\n3
\n[CHAPTER IV.\u2014RIGHT TO PROPERTY
\n300A. Persons not to be deprived of property save by authority of law.\u2014No person shall be
\ndeprived of his property save by authority of law.]
\nPART XIII
\nTRADE, COMMERCE AND INTERCOURSE WITHIN THE
\nTERRITORY OF INDIA
\n301. Freedom of trade, commerce and intercourse.\u2014Subject to the other provisions of this Part,
\ntrade, commerce and intercourse throughout the territory of India shall be free.
\n302. Power of Parliament to impose restrictions on trade, commerce and intercourse.\u2014
\nParliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between
\none State and another or within any part of the territory of India as may be required in the public interest.<\/p>\n
1. The words \u201cor the Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s.29 and Sch., (w.e.f. 1-11-1956).
\n2. The words \u201cnor the Rajpramukh\u201d omitted by ibid.
\n3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 34 (w.e.f. 20-6-1979).
\n127
\n303. Restrictions on the legislative powers of the Union and of the States with regard to trade and
\ncommerce.\u2014(1) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State
\nshall have power to make any law giving, or authorising the giving of, any preference to one State over
\nanother, or making, or authorising the making of, any discrimination between one State and another, by
\nvirtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule.
\n(2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the
\ngiving of, any preference or making, or authorising the making of, any discrimination if it is declared by
\nsuch law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of
\ngoods in any part of the territory of India.
\n304. Restrictions on trade, commerce and intercourse among States.\u2014Notwithstanding anything
\nin article 301 or article 303, the Legislature of a State may by law\u2014
\n(a) impose on goods imported from other States 1
\n[or the Union territories] any tax to which similar
\ngoods manufactured or produced in that State are subject, so, however, as not to discriminate between
\ngoods so imported and goods so manufactured or produced; and
\n(b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or
\nwithin that State as may be required in the public interest:
\nProvided that no Bill or amendment for the purposes of clause (b) shall be introduced or moved in the
\nLegislature of a State without the previous sanction of the President.
\n2
\n[305. Saving of existing laws and laws providing for State monopolies.\u2014Nothing in articles 301
\nand 303 shall affect the provisions of any existing law except in so far as the President may by order
\notherwise direct; and nothing in article 301 shall affect the operation of any law made before the
\ncommencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent
\nParliament or the Legislature of a State from making any law relating to, any such matter as is referred to
\nin sub-clause (ii) of clause (6) of article 19.]
\n306. [Power of certain States in Part B of the First Schedule to impose restrictions on trade
\nand commerce.].\u2013Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-1-
\n1956).
\n307. Appointment of authority for carrying out the purposes of articles 301 to 304.\u2014Parliament
\nmay by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301,
\n302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks
\nnecessary.
\nPART XIV
\nSERVICES UNDER THE UNION AND THE STATES
\nCHAPTER I.\u2014SERVICES
\n308. Interpretation.\u2014In this Part, unless the context otherwise requires, the expression \u201cState\u201d 3
\n[does
\nnot include the State of Jammu and Kashmir.]
\n309. Recruitment and conditions of service of persons serving the Union or a State.\u2014Subject to
\nthe provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and
\nconditions of service of persons appointed, to public services and posts in connection with the affairs of
\nthe Union or of any State:
\nProvided that it shall be competent for the President or such person as he may direct in the case of<\/p>\n
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 4, for art. 305 (w.e.f. 27-4-1955).
\n3. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for \u201cmeans a State specified in Part A or Part B of
\nthe First Schedule\u201d (w.e.f. 1-11-1956).
\n128
\nservices and posts in connection with the affairs of the Union, and for the Governor 1*** of a State or such
\nperson as he may direct in the case of services and posts in connection with the affairs of the State, to make
\nrules regulating the recruitment, and the conditions of service of persons appointed, to such services and
\nposts until provision in that behalf is made by or under an Act of the appropriate Legislature under this
\narticle, and any rules so made shall have effect subject to the provisions of any such Act.
\n310. Tenure of office of persons serving the Union or a State.\u2014(1) Except as expressly provided by
\nthis Constitution, every person who is a member of a defence service or of a civil service of the Union or
\nof an all-India service or holds any post connected with defence or any civil post under the Union holds
\noffice during the pleasure of the President, and every person who is a member of a civil service of a State
\nor holds any civil post under a State holds office during the pleasure of the Governor 2*** of the State.
\n(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during
\nthe pleasure of the President or, as the case may be, of the Governor 1*** of the State, any contract under
\nwhich a person, not being a member of a defence service or of an all-India service or of a civil service of
\nthe Union or a State, is appointed under this Constitution to hold such a post may, if the President or the
\nGovernor 3***, as the case may be, deems it necessary in order to secure the services of a person having
\nspecial qualifications, provide for the payment to him of compensation, if before the expiration of an
\nagreed period that post is abolished or he is, for reasons not connected with any misconduct on his part,
\nrequired to vacate that post.
\n311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the
\nUnion or a State.\u2014(1) No person who is a member of a civil service of the Union or an all-India service
\nor a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed
\nby an authority subordinate to that by which he was appointed.
\n4
\n[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an
\ninquiry in which he has been informed of the charges against him and given a reasonable opportunity of
\nbeing heard in respect of those charges 5***:
\n6
\n[Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such
\npenalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be
\nnecessary to give such person any opportunity of making representation on the penalty proposed:
\nProvided further that this clause shall not apply\u2014]
\n(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has
\nled to his conviction on a criminal charge; or
\n(b) where the authority empowered to dismiss or remove a person or to reduce him in rank is
\nsatisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable
\nto hold such inquiry; or
\n(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the
\nsecurity of the State it is not expedient to hold such inquiry.
\n(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable
\nto hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to
\ndismiss or remove such person or to reduce him in rank shall be final.]
\n312. All-India services.\u2014(1) Notwithstanding anything in 7
\n[Chapter VI of Part VI or Part XI], if the
\nCouncil of States has declared by resolution supported by not less than two-thirds of the members present
\nand voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide<\/p>\n
1. The words \u201cor Rajpramukh\u201d omitted by Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. The words \u201cor, as the case may be, the Rajpramukh\u201d omitted by ibid.
\n3. The words \u201cor the Rajpramukh\u201d omitted by ibid.
\n4. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3) (w.e.f. 5-10-1963).
\n5. Certain words were omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44 (w.e.f. 3-1-1977).
\n6. Subs. by ibid., for certain words.
\n7. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45, for \u201cPart XI\u201d (w.e.f. 3-1-1977).
\n129
\nfor the creation of one or more all India services 1
\n[(including an all-India judicial service)] common to the
\nUnion and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the
\nconditions of service of persons appointed, to any such service.
\n(2) The services known at the commencement of this Constitution as the Indian Administrative Service
\nand the Indian Police Service shall be deemed to be services created by Parliament under this article.
\n2
\n[(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that
\nof a district judge as defined in article 236.
\n(4) The law providing for the creation of the all-India judicial service aforesaid may contain such
\nprovisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the
\nprovisions of that law and no such law shall be deemed to be an amendment of this Constitution for the
\npurposes of article 368.]
\n3
\n[312A. Power of Parliament to vary or revoke conditions of service of officers of certain
\nservices.\u2014(1) Parliament may by law\u2014
\n(a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respects
\nremuneration, leave and pension and the rights as respects disciplinary matters of persons who, having
\nbeen appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown
\nin India before the commencement of this Constitution, continue on and after the commencement of
\nthe Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the Government of India or of
\na State in any service or post;
\n(b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects
\npension of persons who, having been appointed by the Secretary of State or Secretary of State in
\nCouncil to a civil service of the Crown in India before the commencement of this Constitution, retired
\nor otherwise ceased to be in service at any time before the commencement of the Constitution (Twentyeighth Amendment) Act, 1972:
\nProvided that in the case of any such person who is holding or has held the office of the Chief
\nJustice or other Judge of the Supreme Court or a High Court, the Comptroller and Auditor-General of
\nIndia, the Chairman or other member of the Union or a State Public Service Commission or the Chief
\nElection Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as empowering
\nParliament to vary or revoke, after his appointment to such post, the conditions of his service to his
\ndisadvantage except in so far as such conditions of service are applicable to him by reason of his being
\na person appointed by the Secretary of State or Secretary of State in Council to a civil service of the
\nCrown in India.
\n(2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall
\naffect the power of any Legislature or other authority under any other provision of this Constitution to
\nregulate the conditions of service of persons referred to in clause (1).
\n(3) Neither the Supreme Court nor any other court shall have jurisdiction in\u2014
\n(a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or
\nother similar instrument which was entered into or executed by any person referred to in clause (1), or
\narising out of any letter issued to such person, in relation to his appointment to any civil service of the
\nCrown in India or his continuance in service under the Government of the Dominion of India or a
\nProvince thereof;
\n(b) any dispute in respect of any right, liability or obligation under article 314 as originally enacted.
\n(4) The provisions of this article shall have effect notwithstanding anything in article 314 as originally
\nenacted or in any other provision of this Constitution.]<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 45 (w.e.f. 3-1-1977).
\n2. Ins. by ibid.
\n3. Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-08-1972).
\n130
\n313. Transitional provisions.\u2014Until other provision is made in this behalf under this Constitution, all
\nthe laws in force immediately before the commencement of this Constitution and applicable to any public
\nservice or any post which continues to exist after the commencement of this Constitution, as an all-India
\nservice or as service or post under the Union or a State shall continue in force so far as consistent with the
\nprovisions of this Constitution.
\n314.
\n1
\n[Provision for protection of existing officers of certain services.].\u2013Omitted by the Constitution
\n(Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-8-1972).
\nCHAPTER II.\u2014PUBLIC SERVICE COMMISSIONS
\n315. Public Service Commissions for the Union and for the States.\u2014(1) Subject to the provisions
\nof this article, there shall be a Public Service Commission for the Union and a Public Service Commission
\nfor each State.
\n(2) Two or more States may agree that there shall be one Public Service Commission for that group of
\nStates, and if a resolution to that effect is passed by the House or, where there are two Houses, by each
\nHouse of the Legislature of each of those States, Parliament may by law provide for the appointment of a
\nJoint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs
\nof those States.
\n(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be
\nnecessary or desirable for giving effect to the purposes of the law.
\n(4) The Public Service Commission for the Union, if requested so to do by the Governor 2*** of a State,
\nmay, with the approval of the President, agree to serve all or any of the needs of the State.
\n(5) References in this Constitution to the Union Public Service Commission or a State Public Service
\nCommission shall, unless the context otherwise requires, be construed as references to the Commission
\nserving the needs of the Union or, as the case may be, the State as respects the particular matter in question.
\n316. Appointment and term of office of members.\u2014(1) The Chairman and other members of a
\nPublic Service Commission shall be appointed, in the case of the Union Commission or a Joint
\nCommission, by the President, and in the case of a State Commission, by the Governor of the State:
\nProvided that as nearly as may be one-half of the members of every Public Service Commission shall
\nbe persons who at the dates of their respective appointments have held office for at least ten years either
\nunder the Government of India or under the Government of a State, and in computing the said period of
\nten years any period before the commencement of this Constitution during which a person has held office
\nunder the Crown in India or under the Government of an Indian State shall be included.
\n3
\n[(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by
\nreason of absence or for any other reason unable to perform the duties of his office, those duties shall, until
\nsome person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case
\nmay be, until the Chairman has resumed his duties, be performed by such one of the other members of the
\nCommission as the President, in the case of the Union Commission or a Joint Commission, and the
\nGovernor of the State in the case of a State Commission, may appoint for the purpose.]
\n(2) A member of a Public Service Commission shall hold office for a term of six years from the date
\non which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixtyfive years, and in the case of a State Commission or a Joint Commission, the age of 2
\n[sixty-two years],
\nwhichever is earlier:
\nProvided that\u2014
\n(a) a member of a Public Service Commission may, by writing under his hand addressed, in the<\/p>\n
1. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11 (w.e.f. 5-10-1963).
\n3. Subs. by the Constitution (Forty-first Amendment) Act, 1975, s. 2, for \u201csixty years\u201d (w.e.f. 7-9-1976).
\n131
\ncase of the Union Commission or a Joint Commission, to the President, and in the case of a State
\nCommission, to the Governor 1*** of the State, resign his office;
\n(b) a member of a Public Service Commission may be removed from his office in the manner
\nprovided in clause (1) or clause (3) of article 317.
\n(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of
\nhis term of office, be ineligible for re-appointment to that office.
\n317. Removal and suspension of a member of a Public Service Commission.\u2014(1) Subject to the
\nprovisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be
\nremoved from his office by order of the President on the ground of misbehaviour after the Supreme Court,
\non reference being made to it by the President, has, on inquiry held in accordance with the procedure
\nprescribed in that behalf under article 145, reported that the Chairman or such other member, as the case
\nmay be, ought on any such ground to be removed.
\n(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor 1***
\nin the case of a State Commission, may suspend from office the Chairman or any other member of the
\nCommission in respect of whom a reference has been made to the Supreme Court under clause (1) until
\nthe President has passed orders on receipt of the report of the Supreme Court on such reference.
\n(3) Notwithstanding anything in clause (1), the President may by order remove from office the
\nChairman or any other member of a Public Service Commission if the Chairman or such other member, as
\nthe case may be,\u2014
\n(a) is adjudged an insolvent; or
\n(b) engages during his term of office in any paid employment outside the duties of his office; or
\n(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or
\nbody.
\n(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way
\nconcerned or interested in any contract or agreement made by or on behalf of the Government of India or
\nthe Government of a State or participates in any way in the profit thereof or in any benefit or emolument
\narising therefrom otherwise than as a member and in common with the other members of an incorporated
\ncompany, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour.
\n318. Power to make regulations as to conditions of service of members and staff of the
\nCommission.\u2014In the case of the Union Commission or a Joint Commission, the President and, in the case
\nof a State Commission, the Governor 1*** of the State may by regulations\u2014
\n(a) determine the number of members of the Commission and their conditions of service; and
\n(b) make provision with respect to the number of members of the staff of the Commission and their
\nconditions of service:
\nProvided that the conditions of service of a member of a Public Service Commission shall not be
\nvaried to his disadvantage after his appointment.
\n319. Prohibition as to the holding of offices by members of Commission on ceasing to be such
\nmembers.\u2014On ceasing to hold office\u2014
\n(a) the Chairman of the Union Public Service Commission shall be ineligible for further
\nemployment either under the Government of India or under the Government of a State;<\/p>\n
1. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n132
\n(b) the Chairman of a State Public Service Commission shall be eligible for appointment as the
\nChairman or any other member of the Union Public Service Commission or as the Chairman of any
\nother State Public Service Commission, but not for any other employment either under the Government
\nof India or under the Government of a State;
\n(c) a member other than the Chairman of the Union Public Service Commission shall be eligible
\nfor appointment as the Chairman of the Union Public Service Commission or as the Chairman of a
\nState Public Service Commission, but not for any other employment either under the Government of
\nIndia or under the Government of a State;
\n(d) a member other than the Chairman of a State Public Service Commission shall be eligible for
\nappointment as the Chairman or any other member of the Union Public Service Commission or as the
\nChairman of that or any other State Public Service Commission, but not for any other employment
\neither under the Government of India or under the Government of a State.
\n320. Functions of Public Service Commissions.\u2014(1) It shall be the duty of the Union and the State
\nPublic Service Commissions to conduct examinations for appointments to the services of the Union and the
\nservices of the State respectively.
\n(2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more
\nStates so to do, to assist those States in framing and operating schemes of joint recruitment for any services
\nfor which candidates possessing special qualifications are required.
\n(3) The Union Public Service Commission or the State Public Service Commission, as the case may
\nbe, shall be consulted\u2014
\n(a) on all matters relating to methods of recruitment to civil services and for civil posts;
\n(b) on the principles to be followed in making appointments to civil services and posts and in
\nmaking promotions and transfers from one service to another and on the suitability of candidates for
\nsuch appointments, promotions or transfers;
\n(c) on all disciplinary matters affecting a person serving under the Government of India or the
\nGovernment of a State in a civil capacity, including memorials or petitions relating to such matters;
\n(d) on any claim by or in respect of a person who is serving or has served under the Government
\nof India or the Government of a State or under the Crown in India or under the Government of an Indian
\nState, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against
\nhim in respect of acts done or purporting to be done in the execution of his duty should be paid out of
\nthe Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State;
\n(e) on any claim for the award of a pension in respect of injuries sustained by a person while serving
\nunder the Government of India or the Government of a State or under the Crown in India or under the
\nGovernment of an Indian State, in a civil capacity, and any question as to the amount of any such award,
\nand it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on
\nany other matter which the President, or, as the case may be, the Governor 1*** of the State, may refer to
\nthem:
\nProvided that the President as respects the all-India services and also as respects other services and
\nposts in connection with the affairs of the Union, and the Governor 2***, as respects other services and
\nposts in connection with the affairs of a State, may make regulations specifying the matters in which either
\ngenerally, or in any particular class of case or in any particular circumstances, it shall not be necessary for
\na Public Service Commission to be consulted.
\n(4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the
\nmanner in which any provision referred to in clause (4) of article 16 may be made or as respects the manner<\/p>\n
1. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2 The words \u201cor Rajpramukh, as the case may be\u201d omitted by ibid.
\n133
\nin which effect may be given to the provisions of article 335.
\n(5) All regulations made under the proviso to clause (3) by the President or the Governor 1*** of a State
\nshall be laid for not less than fourteen days before each House of Parliament or the House or each House
\nof the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be
\nsubject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or
\nthe House or both Houses of the Legislature of the State may make during the session in which they are so
\nlaid.
\n321. Power to extend functions of Public Service Commissions.\u2014An Act made by Parliament or, as
\nthe case may be, the Legislature of a State may provide for the exercise of additional functions by the Union
\nPublic Service Commission or the State Public Service Commission as respects the services of the Union
\nor the State and also as respects the services of any local authority or other body corporate constituted by
\nlaw or of any public institution.
\n322. Expenses of Public Service Commissions.\u2014The expenses of the Union or a State Public Service
\nCommission, including any salaries, allowances and pensions payable to or in respect of the members or
\nstaff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the
\nConsolidated Fund of the State.
\n323. Reports of Public Service Commissions.\u2014(1) It shall be the duty of the Union Commission to
\npresent annually to the President a report as to the work done by the Commission and on receipt of such
\nreport the President shall cause a copy thereof together with a memorandum explaining, as respects the
\ncases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance
\nto be laid before each House of Parliament.
\n(2) It shall be the duty of a State Commission to present annually to the Governor 2*** of the State a
\nreport as to the work done by the Commission, and it shall be the duty of a Joint Commission to present
\nannually to the Governor 2*** of each of the States the needs of which are served by the Joint Commission
\na report as to the work done by the Commission in relation to that State, and in either case the Governor
\n1***, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as
\nrespects the cases, if any, where the advice of the Commission was not accepted, the reasons for such nonacceptance to be laid before the Legislature of the State.
\n3
\n[PART XIVA
\nTRIBUNALS
\n323A. Administrative tribunals.\u2014(1) Parliament may, by law, provide for the adjudication or trial by
\nadministrative tribunals of disputes and complaints with respect to recruitment and conditions of service of
\npersons appointed to public services and posts in connection with the affairs of the Union or of any State
\nor of any local or other authority within the territory of India or under the control of the Government of
\nIndia or of any corporation owned or controlled by the Government.
\n(2) A law made under clause (1) may\u2014
\n(a) provide for the establishment of an administrative tribunal for the Union and a separate
\nadministrative tribunal for each State or for two or more States;
\n(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority
\nwhich may be exercised by each of the said tribunals;
\n(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be
\nfollowed by the said tribunals;<\/p>\n
1. The words \u201cor Rajpramukh as the case may be\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
\n(w.e.f. 1-11-1956).
\n2. The words \u201cor Rajpramukh\u201d omitted by ibid.
\n3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 46 (w.e.f. 3-1-1977).
\n134
\n(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article
\n136, with respect to the disputes or complaints referred to in clause (1);
\n(e) provide for the transfer to each such administrative tribunal of any cases pending before any
\ncourt or other authority immediately before the establishment of such tribunal as would have been
\nwithin the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are
\nbased had arisen after such establishment;
\n(f) repeal or amend any order made by the President under clause (3) of article 371D;
\n(g) contain such supplemental, incidental and consequential provisions (including provisions as to
\nfees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of
\ncases by, and the enforcement of the orders of, such tribunals.
\n(3) The provisions of this article shall have effect notwithstanding anything in any other provision of
\nthis Constitution or in any other law for the time being in force.
\n323B. Tribunals for other matters.\u2014(1) The appropriate Legislature may, by law, provide for the
\nadjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the
\nmatters specified in clause (2) with respect to which such Legislature has power to make laws.
\n(2) The matters referred to in clause (1) are the following, namely:\u2014
\n(a) levy, assessment, collection and enforcement of any tax;
\n(b) foreign exchange, import and export across customs frontiers;
\n(c) industrial and labour disputes;
\n(d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any
\nrights therein or the extinguishment or modification of any such rights or by way of ceiling on
\nagricultural land or in any other way;
\n(e) ceiling on urban property;
\n(f) elections to either House of Parliament or the House or either House of the Legislature of a State,
\nbut excluding the matters referred to in article 329 and article 329A;
\n(g) production, procurement, supply and distribution of food-stuffs (including edible oilseeds and
\noils) and such other goods as the President may, by public notification, declare to be essential goods
\nfor the purpose of this article and control of prices of such goods;
\n1
\n[(h) rent, its regulation and control and tenancy issues including the right, title and interest of
\nlandlords and tenants;]
\n2
\n[(i)] offences against laws with respect to any of the matters specified in sub-clauses (a) to 3
\n[(h)]
\nand fees in respect of any of those matters;
\n2
\n[(j)] any matter incidental to any of the matters specified in sub-clauses (a) to 4
\n[(i)].
\n(3) A law made under clause (1) may\u2014
\n(a) provide for the establishment of a hierarchy of tribunals;
\n(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority
\nwhich may be exercised by each of the said tribunals;
\n(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be<\/p>\n
1. Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994).
\n2. Sub-clause (h) and (i) re-lettered as (i) and (j) by ibid.
\n3. Subs. by ibid., for \u201c(g)\u201d.
\n4. Subs. by ibid., for \u201c(h)\u201d.
\n135
\nfollowed by the said tribunals;
\n(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article
\n136, with respect to all or any of the matters falling within the jurisdiction of the said tribunals;
\n(e) provide for the transfer to each such tribunal of any cases pending before any court or any other
\nauthority immediately before the establishment of such tribunal as would have been within the
\njurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had
\narisen after such establishment;
\n(f) contain such supplemental, incidental and consequential provisions (including provisions as to
\nfees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the
\nspeedy disposal of cases by, and the enforcement of the orders of, such tribunals.
\n(4) The provisions of this article shall have effect notwithstanding anything in any other provision of
\nthis Constitution or in any other law for the time being in force.
\nExplanation.\u2014In this article, \u201cappropriate Legislature\u201d, in relation to any matter, means Parliament or,
\nas the case may be, a State Legislature competent to make laws with respect to such matter in accordance
\nwith the provisions of Part XI.]
\nPART XV
\nELECTIONS
\n324. Superintendence, direction and control of elections to be vested in an Election
\nCommission.\u2014(1) The superintendence, direction and control of the preparation of the electoral rolls for,
\nand the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the
\noffices of President and Vice-President held under this Constitution 1*** shall be vested in a Commission
\n(referred to in this Constitution as the Election Commission).
\n(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other
\nElection Commissioners, if any, as the President may from time to time fix and the appointment of the Chief
\nElection Commissioner and other Election Commissioners shall, subject to the provisions of any law made in
\nthat behalf by Parliament, be made by the President.
\n(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act
\nas the Chairman of the Election Commission.
\n(4) Before each general election to the House of the People and to the Legislative Assembly of each
\nState, and before the first general election and thereafter before each biennial election to the Legislative
\nCouncil of each State having such Council, the President may also appoint after consultation with the
\nElection Commission such Regional Commissioners as he may consider necessary to assist the Election
\nCommission in the performance of the functions conferred on the Commission by clause (1).
\n(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office
\nof the Election Commissioners and the Regional Commissioners shall be such as the President may by rule
\ndetermine:
\nProvided that the Chief Election Commissioner shall not be removed from his office except in like
\nmanner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief
\nElection Commissioner shall not be varied to his disadvantage after his appointment:
\nProvided further that any other Election Commissioner or a Regional Commissioner shall not be
\nremoved from office except on the recommendation of the Chief Election Commissioner.<\/p>\n
1. The words \u201cincluding the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection
\nwith elections to parliament and to the Legislatures of States\u201d omitted by the Constitution (Nineteenth Amendment) Act, 1966
\ns. 2 (w.e.f. 11-12-1966).
\n136
\n(6) The President, or the Governor 1 *** of a State, shall, when so requested by the Election
\nCommission, make available to the Election Commission or to a Regional Commissioner such staff as may
\nbe necessary for the discharge of the functions conferred on the Election Commission by clause (1).
\n325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral
\nroll on grounds of religion, race, caste or sex.\u2014There shall be one general electoral roll for every
\nterritorial constituency for election to either House of Parliament or to the House or either House of the
\nLegislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included
\nin any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of
\nthem.
\n326. Elections to the House of the People and to the Legislative Assemblies of States to be on the
\nbasis of adult suffrage.\u2014The elections to the House of the People and to the Legislative Assembly of
\nevery State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and
\nwho is not less than 2
\n[eighteen years] of age on such date as may be fixed in that behalf by or under any
\nlaw made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any
\nlaw made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or
\ncorrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
\n327. Power of Parliament to make provision with respect to elections to Legislatures.\u2014Subject to
\nthe provisions of this Constitution, Parliament may from time to time by law make provision with respect
\nto all matters relating to, or in connection with, elections to either House of Parliament or to the House or
\neither House of the Legislature of a State including the preparation of electoral rolls, the delimitation of
\nconstituencies and all other matters necessary for securing the due constitution of such House or Houses.
\n328. Power of Legislature of a State to make provision with respect to elections to such
\nLegislature.\u2014Subject to the provisions of this Constitution and in so far as provision in that behalf is not
\nmade by Parliament, the Legislature of a State may from time to time by law make provision with respect
\nto all matters relating to, or in connection with, the elections to the House or either House of the Legislature
\nof the State including the preparation of electoral rolls and all other matters necessary for securing the due
\nconstitution of such House or Houses.
\n329. Bar to interference by courts in electoral matters.\u20143
\n[Notwithstanding anything in this
\nConstitution 4***\u2014]
\n(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to
\nsuch constituencies, made or purporting to be made under article 327 or article 328, shall not be called
\nin question in any court;
\n(b) no election to either House of Parliament or to the House or either House of the Legislature of
\na State shall be called in question except by an election petition presented to such authority and in such
\nmanner as may be provided for by or under any law made by the appropriate Legislature.
\n5
\n[329A. [Special provision as to elections to Parliament in the case of Prime Minister and Speaker.]-
\nOmitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
\n3* * * * *
\nPART XVI
\nSPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
\n330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.\u2014<\/p>\n
1. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for \u201ctwenty-one years\u201d (w.e.f. 28-3-1989).
\n3. Subs, by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words (w.e.f. 10-8-1975).
\n4.The words, figures and letters \u201cbut subject to the provisions of article 329A\u201d omitted by the Constitution (Forty-fourth
\nAmendment) Act, 1978, s. 35 (w.e.f. 20-6-1979).
\n5. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 4.
\n137
\n(1) Seats shall be reserved in the House of the People for \u2014
\n(a) the Scheduled Castes;
\n1
\n[(b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and]
\n(c) the Scheduled Tribes in the autonomous districts of Assam.
\n(2) The number of seats reserved in any State 2
\n[or Union territory] for the Scheduled Castes or the
\nScheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number
\nof seats allotted to that State 2
\n[or Union territory] in the House of the People as the population of the
\nScheduled Castes in the State 2
\n[or Union territory] or of the Scheduled Tribes in the State 2
\n[or Union
\nterritory] or part of the State or Union territory, as the case may be, in respect of which seats are so reserved,
\nbears to the total population of the State 2
\n[or Union territory].
\n3
\n[(3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of
\nthe People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of
\nseats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said
\nautonomous districts bears to the total population of the State.]
\n4
\n[Explanation.\u2014In this article and in article 332, the expression \u201cpopulation\u201d means the population as
\nascertained at the last preceding census of which the relevant figures have been published:
\nProvided that the reference in this Explanation to the last preceding census of which the relevant figures
\nhave been published shall, until the relevant figures for the first census taken after the year 5
\n[2026] have
\nbeen published, be construed as a reference to the 6
\n[2001] census.]
\n331. Representation of the Anglo-Indian Community in the House of the People.\u2014
\nNotwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian
\ncommunity is not adequately represented in the House of the People, nominate not more than two members
\nof that community to the House of the People.
\n332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative
\nAssemblies of the States.\u2014(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes,
\n7
\n[except the Scheduled Tribes in the autonomous districts of Assam], in the Legislative Assembly of every
\nState 8***.
\n(2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of
\nAssam.
\n(3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative
\nAssembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total
\nnumber of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled
\nTribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears
\nto the total population of the State.<\/p>\n
1. Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause (b) (w.e.f. 16-6-1986).
\n2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n3. Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3 (w.e.f. 17-10-1973).
\n4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977).
\n5. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for \u201c2000\u201d (w.e.f. 21-2-2001).
\n6. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5 for \u201c1991\u201d (w.e.f. 22-6-2003).
\n7. Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f.16-6-1986).
\n8. The words and letters \u201cspecified in Part A or Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n138
\n1
\n[(3A) Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of
\nthe re-adjustment, on the basis of the first census after the year 2
\n[2026], of the number of seats in the
\nLegislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats
\nwhich shall be reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be,\u2014
\n(a) if all the seats in the Legislative Assembly of such State in existence on the date of coming into
\nforce of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred to as
\nthe existing Assembly) are held by members of the Scheduled Tribes, all the seats except one;
\n(b) in any other case, such number of seats as bears to the total number of seats, a proportion not
\nless than the number (as on the said date) of members belonging to the Scheduled Tribes in the existing
\nAssembly bears to the total number of seats in the existing Assembly.]
\n3
\n[(3B) Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170,
\ntakes effect on the basis of the first census after the year 4
\n[2026], of the number of seats in the Legislative
\nAssembly of the State of Tripura, the seats which shall be reserved for the Scheduled Tribes in the
\nLegislative Assembly shall be, such number of seats as bears to the total number of seats, a proportion not
\nless than the number, as on the date of coming into force of the Constitution (Seventy-second Amendment)
\nAct, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the
\nsaid date bears to the total number of seats in that Assembly.]
\n(4) The number of seats reserved for an autonomous district in the Legislative Assembly of the State
\nof Assam shall bear to the total number of seats in that Assembly a proportion not less than the population
\nof the district bears to the total population of the State.
\n(5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise
\nany area outside that district 5***.
\n(6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of
\nAssam shall be eligible for election to the Legislative Assembly of the State from any constituency of that
\ndistrict 5***:
\n6
\n[Provided that for elections to the Legislative Assembly of the State of Assam, the representation of
\nthe Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial
\nAreas District, so notified, and existing prior to the constitution of Bodoland Territorial Areas District, shall
\nbe maintained.]
\n333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States.\u2014
\nNotwithstanding anything in article 170, the Governor 7*** of a State may, if he is of opinion that the
\nAnglo-Indian community needs representation in the Legislative Assembly of the State and is not
\nadequately represented therein, 8
\n[nominate one member of that community to the Assembly].
\n334. Reservation of seats and special representation to cease after 9
\n[seventy years].\u2014
\nNotwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution
\nrelating to\u2014
\n(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the<\/p>\n
1. Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, s. 2 (w.e.f. 21-9-1987)
\n2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for \u201c2000\u201d (w.e.f. 21-2-2002).
\n3. Ins. by the Constitution (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f. 5-12-1992).
\n4. Subs. by the Constitution (Eighty- fourth Amendment) Act, 2001, s. 7 for \u201c2000\u201d (w.e.f. 21-2-2002).
\n5. Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (w.e.f. 21-1-1972).
\n6. Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2 (w.e.f. 28-9-2003).
\n7. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n8. Subs. by the Constitution (Twenty-third Amendment) Act,1969, s. 4 for \u201cnominated such number of members of the community
\nto the Assembly as he considers appropriate\u201d. (w.e.f. 23-1-1970).
\n9. Subs. by the Constitution (Ninety-fifth Amendment) Act, 2009, s. 2, for \u201csixty years\u201d (w.e.f. 21-2-2010).
\n139
\nPeople and in the Legislative Assemblies of the States; and
\n(b) the representation of the Anglo-Indian community in the House of the People and in the
\nLegislative Assemblies of the States by nomination,
\nshall cease to have effect on the expiration of a period of 1
\n[seventy years] from the commencement of this
\nConstitution:
\nProvided that nothing in this article shall affect any representation in the House of the People or in the
\nLegislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case
\nmay be.
\n335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.\u2014The claims of the
\nmembers of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently
\nwith the maintenance of efficiency of administration, in the making of appointments to services and posts
\nin connection with the affairs of the Union or of a State:
\n2
\n[Provided that nothing in this article shall prevent in making of any provision in favour of the members of
\nthe Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering
\nthe standards of evaluation, for reservation in matters or promotion to any class or classes of services or posts in
\nconnection with the affairs of the Union or of a State.]
\n336. Special provision for Anglo-Indian community in certain services.\u2014(1) During the first two
\nyears after the commencement of this Constitution, appointments of members of the Anglo-Indian community
\nto posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis
\nas immediately before the fifteenth day of August, 1947.
\nDuring every succeeding period of two years, the number of posts reserved for the members of the said
\ncommunity in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so
\nreserved during the immediately preceding period of two years:
\nProvided that at the end of ten years from the commencement of this Constitution all such reservations
\nshall cease.
\n(2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts
\nother than, or in addition to, those reserved for the community under that clause if such members are found
\nqualified for appointment on merit as compared with the members of other communities.
\n337. Special provision with respect to educational grants for the benefit of Anglo-Indian
\ncommunity.\u2014During the first three financial years after the commencement of this Constitution, the same
\ngrants, if any, shall be made by the Union and by each State3*** for the benefit of the Anglo-Indian
\ncommunity in respect of education as were made in the financial year ending on the thirty-first day of
\nMarch, 1948.
\nDuring every succeeding period of three years the grants may be less by ten per cent. than those for the
\nimmediately preceding period of three years:
\nProvided that at the end of ten years from the commencement of this Constitution such grants, to the
\nextent to which they are a special concession to the Anglo-Indian community, shall cease:
\nProvided further that no educational institution shall be entitled to receive any grant under this article<\/p>\n
1. Subs. by the Constitution (Ninety-fifth Amendment) Act, 2009, s. 2, for the words \u201csixty years\u201d (w.e.f. 25-1-2010). The words
\n\u201csixty years\u201d were subs. for the words \u201cfifty years by the Constitution (Seventy-ninth Amendment) Act, 1999, s. 2. (w.e.f. 25-1-
\n2000). The words \u201cfifty years\u201d were subs. for the words \u201cforty years\u201d by the Constitution (Sixty-second Amendment) Act, 1989,
\ns. 2. The words \u201cforty years\u201d were subs. for the original words \u201cthirty years\u201d by the Constitution (Forty-fifth Amendment) Act,
\n1980, s. 2.
\n2. Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2 (w.e.f. 6-9-2000).
\n3. The words and letters \u201cspecified in Part A or Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n140
\nunless at least forty per cent. of the annual admissions therein are made available to members of
\ncommunities other than the Anglo-Indian community.
\n338. 1
\n[National Commission for Scheduled Castes].\u2014 2
\n[
\n3
\n[(1) There shall be a Commission for the
\nScheduled Castes to be known as the National Commission for the Scheduled Castes.
\n(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist
\nof a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of
\noffice of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President
\nmay by rule determine.]
\n(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the
\nPresident by warrant under his hand and seal.
\n(4) The Commission shall have the power to regulate its own procedure.
\n(5) It shall be the duty of the Commission\u2014
\n(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled
\nCastes 4*** under this Constitution or under any other law for the time being in force or under any
\norder of the Government and to evaluate the working of such safeguards;
\n(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of
\nthe Scheduled Castes 4***;
\n(c) to participate and advise on the planning process of socio-economic development of the
\nScheduled Castes 4*** and to evaluate the progress of their development under the Union and any State;
\n(d) to present to the President, annually and at such other times as the Commission may deem fit, reports
\nupon the working of those safeguards;
\n(e) to make in such reports recommendations as to the measures that should be taken by the Union or
\nany State for the effective implementation of those safeguards and other measures for the protection, welfare
\nand socio-economic development of the Scheduled Castes 4***; and
\n(f) to discharge such other functions in relation to the protection, welfare and development and
\nadvancement of the Scheduled Castes as the President may, subject to the provisions of any law made
\nby Parliament, by rule specify.
\n(6) The President shall cause all such reports to be laid before each House of Parliament along with a
\nmemorandum explaining the action taken or proposed to be taken on the recommendations relating to the
\nUnion and the reasons for the non-acceptance, if any, of any of such recommendations.
\n(7) Where any such report, or any part thereof, relates to any matter with which any State Government
\nis concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be
\nlaid before the Legislature of the State along with a memorandum explaining the action taken or proposed
\nto be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of
\nany of such recommendations.
\n(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into
\nany complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit
\nand in particular in respect of the following matters, namely :\u2014
\n(a) summoning and enforcing the attendance of any person from any part of India and examining<\/p>\n
1. Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for the marginal heading (w.e.f. 19-2-2004).
\n2. Subs. by the Constitution (Sixty-fifth Amendment) Act, 1990, for cls. (1) and (2), cls. (1) to (9) was substituted (w.e.f. 12-3-
\n1992).
\n3. Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for cls. (1) and (2) (w.e.f. 19-2-2004).
\n4. The words \u201cand Scheduled Tribes\u201d omitted by ibid.
\n141
\nhim on oath;
\n(b) requiring the discovery and production of any document;
\n(c) receiving evidence on affidavits;
\n(d) requisitioning any public record or copy thereof from any court or office;
\n(e) issuing commissions for the examination of witnesses and documents;
\n(f) any other matter which the President may, by rule, determine.
\n(9) The Union and every State Government shall consult the Commission on all major policy matters
\naffecting Scheduled Castes 1***.]
\n2
\n[(10)] In this article, references to the Scheduled Castes 3*** shall be construed as including references
\n3*** to the Anglo-Indian community.
\n4
\n[338A. National Commission for Scheduled Tribes.\u2014(1) There shall be a Commission for the
\nScheduled Tribes to be known as the National Commission for the Scheduled Tribes.
\n(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist
\nof a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of
\noffice of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President
\nmay by rule determine.
\n(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the
\nPresident by warrant under his hand and seal.
\n(4) The Commission shall have the power to regulate its own procedure.
\n(5) It shall be the duty of the Commission\u2014
\n(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled
\nTribes under this Constitution or under any other law for the time being in force or under any order of
\nthe Government and to evaluate the working of such safeguards;
\n(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of
\nthe Scheduled Tribes;
\n(c) to participate and advise on the planning process of socio-economic development of the
\nScheduled Tribes and to evaluate the progress of their development under the Union and any State;
\n(d) to present to the President, annually and at such other times as the Commission may deem fit,
\nreports upon the working of those safeguards;
\n(e) to make in such reports recommendation as to the measures that should be taken by the
\nUnion or any State for the effective implementation of those safeguards and other measures for
\nthe protection, welfare and socio-economic development of the Scheduled Tribes; and
\n(f) to discharge such other functions in relation to the protection, welfare and development and
\nadvancement of the Scheduled Tribes as the President may, subject to the provisions of any law made<\/p>\n
1. The words \u201cand Scheduled Tribes\u201d omitted by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).
\n2. Cl (3) re-numbered as cl. (10) by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2 (w.e.f. 12-3-1992).
\n3. The words \u201cto such other backward classes as the President may, on receipt of the report of a Commission appointed under
\nclause (1) of article 340, by order specify and also\u201d omitted by the Constitution (One Hundred and Second Amendment) Act,
\n2018, s. 2 (w.e.f 11-8-2018).
\n4. Ins. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 3 (w.e.f 19-2-2004)
\n142
\nby Parliament, by rule specify.
\n(6) The President shall cause all such reports to be laid before each House of Parliament along with a
\nmemorandum explaining the action taken or proposed to be taken on the recommendations relating to the
\nUnion and the reasons for the non-acceptance, if any, of any such recommendations.
\n(7) Where any such report, or any part thereof, relates to any matter with which any State Government
\nis concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be
\nlaid before the Legislature of the State along with a memorandum explaining the action taken or proposed
\nto be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of
\nany of such recommendations.
\n(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into
\nany complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit
\nand in particular in respect of the following matters, namely:\u2014
\n(a) summoning and enforcing the attendance of any person from any part of India and examining
\nhim on oath;
\n(b) requiring the discovery and production of any document;
\n(c) receiving evidence on affidavits;
\n(d) requisitioning any public record or copy thereof from any court or office;
\n(e) issuing commissions for the examination of witnesses and documents;
\n(f) any other matter which the President may, by rule, determine.
\n(9) The Union and every State Government shall consult the Commission on all major policy matters
\naffecting Scheduled Tribes.]
\n1
\n[338B. National Commission for Backward Classes.\u2014 (1) There shall be a Commission for the
\nsocially and educationally backward classes to be known as the National Commission for Backward
\nClasses.
\n(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist
\nof a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of
\noffice of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President
\nmay by rule determine.
\n(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by
\nthe President by warrant under his hand and seal.
\n(4) The Commission shall have the power to regulate its own procedure.
\n(5) It shall be the duty of the Commission\u2014
\n(a) to investigate and monitor all matters relating to the safeguards provided for the socially and
\neducationally backward classes under this Constitution or under any other law for the time being in
\nforce or under any order of the Government and to evaluate the working of such safeguards;
\n(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of
\nthe socially and educationally backward classes;
\n(c) to participate and advise on the socio-economic development of the socially and educationally<\/p>\n
1. Ins. by the Constitution (One Hundred and Second Amendment) Act, 2018, s. 3 (w.e.f 11-8-2018).
\n143
\nbackward classes and to evaluate the progress of their development under the Union and any State;
\n(d) to present to the President, annually and at such other times as the Commission may deem fit,
\nreports upon the working of those safeguards;
\n(e) to make in such reports the recommendations as to the measures that should be taken by the
\nUnion or any State for the effective implementation of those safeguards and other measures for the
\nprotection, welfare and socio-economic development of the socially and educationally backward
\nclasses;
\nand
\n(f) to discharge such other functions in relation to the protection, welfare and development and
\nadvancement of the socially and educationally backward classes as the President may, subject to the
\nprovisions of any law made by Parliament, by rule specify.
\n(6) The President shall cause all such reports to be laid before each House of Parliament along with a
\nmemorandum explaining the action taken or proposed to be taken on the recommendations relating to the
\nUnion and the reasons for the non-acceptance, if any, of any of such recommendations.
\n(7) Where any such report, or any part thereof, relates to any matter with which any State Government
\nis concerned, a copy of such report shall be forwarded to the State Government which shall cause it to be
\nlaid before the Legislature of the State along with a memorandum explaining the action taken or proposed
\nto be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of
\nany of such recommendations.
\n(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into
\nany complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit
\nand in particular in respect of the following matters, namely:\u2014
\n(a) summoning and enforcing the attendance of any person from any part of India and examining
\nhim on oath;
\n(b) requiring the discovery and production of any document;
\n(c) receiving evidence on affidavits;
\n(d) requisitioning any public record or copy thereof from any court or office;
\n(e) issuing commissions for the examination of witnesses and documents; (f) any other matter
\nwhich the President may, by rule, determine.
\n(9) The Union and every State Government shall consult the Commission on all major policy matters
\naffecting the socially and educationally backward classes.]
\n339. Control of the Union over the administration of Scheduled Areas and the welfare of
\nScheduled Tribes.\u2014(1) The President may at any time and shall, at the expiration of ten years from the
\ncommencement of this Constitution by order appoint a Commission to report on the administration of the
\nScheduled Areas and the welfare of the Scheduled Tribes in the States 1***.
\nThe order may define the composition, powers and procedure of the Commission and may contain such
\nincidental or ancillary provisions as the President may consider necessary or desirable.
\n(2) The executive power of the Union shall extend to the giving of directions to 2
\n[a State] as to the
\ndrawing up and execution of schemes specified in the direction to be essential for the welfare of the<\/p>\n
1. The words and letters \u201cspecified in Part A and Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Subs. by ibid., for \u201cany such state\u201d.
\n144
\nScheduled Tribes in the State.
\n340. Appointment of a Commission to investigate the conditions of backward classes.\u2014(1) The
\nPresident may by order appoint a Commission consisting of such persons as he thinks fit to investigate the
\nconditions of socially and educationally backward classes within the territory of India and the difficulties
\nunder which they labour and to make recommendations as to the steps that should be taken by the Union or
\nany State to remove such difficulties and to improve their condition and as to the grants that should be
\nmade for the purpose by the Union or any State and the conditions subject to which such grants should be
\nmade, and the order appointing such Commission shall define the procedure to be followed by the
\nCommission.
\n(2) A Commission so appointed shall investigate the matters referred to them and present to the
\nPresident a report setting out the facts as found by them and making such recommendations as they think
\nproper.
\n(3) The President shall cause a copy of the report so presented together with a memorandum explaining
\nthe action taken thereon to be laid before each House of Parliament.
\n341. Scheduled Castes.\u2014(1) The President 1
\n[may with respect to any State 2
\n[or Union territory], and
\nwhere it is a State 3***, after consultation with the Governor 4*** thereof,] by public notification5
\n, specify
\nthe castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of
\nthis Constitution be deemed to be Scheduled Castes in relation to that State 6
\n[or Union territory, as the case
\nmay be.]
\n(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a
\nnotification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe,
\nbut save as aforesaid a notification issued under the said clause shall not be varied by any subsequent
\nnotification.
\n342. Scheduled Tribes.\u2014(1) The President 7
\n[may with respect to any State or Union territory, and
\nwhere it is a State 8***, after consultation with the Governor 9*** thereof,] by public notification10, specify
\nthe tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the
\npurposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory,
\nas the case may be.
\n(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a
\nnotification issued under clause (1) any tribe or tribal community or part of or group within any tribe or
\ntribal community, but save as aforesaid a notification issued under the said clause shall not be varied by<\/p>\n
1. Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for \u201cmay, after consultation with the Governor or Rajpramukh of
\na State,\u201d (w.e.f. 18-6-1951).
\n2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n3. The words and letters \u201cspecified in Part A and Part B of the First Schedule\u201d omitted by ibid.
\n4. The words \u201cor Rajpramukh\u201d omitted by ibid..
\n5. See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution (Scheduled Castes) (Union Territories)
\nOrder, 1951 (C.O. 32), the Constituion (Jammu and Kashmir) Scheduled Castes Order, 1956 (C.O. 52), the Constitution
\n(Dadra and Nagar Haveli) (Scheduled Castes) Order, 1962 (C.O. 64), the Constitution (Pondicherry) Scheduled Castes Order,
\n1964 (C.O. 68), the Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968 (C.O. 81) and the Constitution (Sikkim)
\nScheduled Castes Order, 1978 (C.O. 110).
\n6. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956).
\n7. Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for \u201cmay, after consultation with the Governor or Rajpramukh of
\na State,\u201d (w.e.f. 18-6-1951).
\n8. The words and letters \u201cspecified in Part A or Part B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n9. The words \u201cor Rajpramukh\u201d omitted by s. 29 and Sch., ibid.
\n10. See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution (Scheduled Tribes) (Union Territories)
\nOrder, 1951 (C.O. 33), the Constituion (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 (C.O. 58), the
\nConstitution (Dadra and Nagar Haveli) (Scheduled Tribes) Order, 1962 (C.O. 65), the Constitution (Scheduled Tribes) (Uttar
\nPradesh) Order, 1967 (C.O. 78), the Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 (C.O. 82), the
\nConstitution (Nagaland) Scheduled Tribes Order, 1970, (C.O 88) and the Constitution (Sikkim) Scheduled Tribes Order, 1978
\n(C.O. 111).
\n145
\nany subsequent notification.
\n1
\n[342A. Socially and educationally backward classes.\u2014 (1) The President may with respect to any
\nState or Union territory, and where it is a State, after consultation with the Governor thereof, by public
\nnotification, specify the socially and educationally backward classes which shall for the purposes of this
\nConstitution be deemed to be socially and educationally backward classes in relation to that State or Union
\nterritory, as the case may be.
\n(2) Parliament may by law include in or exclude from the Central List of socially and educationally
\nbackward classes specified in a notification issued under clause (1) any socially and educationally backward
\nclass, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent
\nnotification.]
\nPART XVII
\nOFFICIAL LANGUAGE
\nCHAPTER I.\u2014LANGUAGE OF THE UNION
\n343. Official language of the Union.\u2014(1) The official language of the Union shall be Hindi in
\nDevanagari script.
\nThe form of numerals to be used for the official purposes of the Union shall be the international form
\nof Indian numerals.
\n(2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of
\nthis Constitution, the English language shall continue to be used for all the official purposes of the Union
\nfor which it was being used immediately before such commencement:
\nProvided that the President may, during the said period, by order2
\nauthorise the use of the Hindi
\nlanguage in addition to the English language and of the Devanagari form of numerals in addition to the
\ninternational form of Indian numerals for any of the official purposes of the Union.
\n(3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said
\nperiod of fifteen years, of\u2014
\n(a) the English language, or
\n(b) the Devanagari form of numerals,
\nfor such purposes as may be specified in the law.
\n344. Commission and Committee of Parliament on official language.\u2014(1) The President shall, at
\nthe expiration of five years from the commencement of this Constitution and thereafter at the expiration of
\nten years from such commencement, by order constitute a Commission which shall consist of a Chairman
\nand such other members representing the different languages specified in the Eighth Schedule as the
\nPresident may appoint, and the order shall define the procedure to be followed by the Commission.
\n(2) It shall be the duty of the Commission to make recommendations to the President as to\u2014
\n(a) the progressive use of the Hindi language for the official purposes of the Union;
\n(b) restrictions on the use of the English language for all or any of the official purposes of the
\nUnion;
\n(c) the language to be used for all or any of the purposes mentioned in article 348;
\n(d) the form of numerals to be used for any one or more specified purposes of the Union;<\/p>\n
1. Ins. by the Constitution (One Hundred and Second Amendment) Act, 2018, s. 4 (w.e.f 11-8-2018).
\n2. See C.O. 41
\n146
\n(e) any other matter referred to the Commission by the President as regards the official language
\nof the Union and the language for communication between the Union and a State or between one State
\nand another and their use.
\n(3) In making their recommendations under clause (2), the Commission shall have due regard to the
\nindustrial, cultural and scientific advancement of India, and the just claims and the interests of persons
\nbelonging to the non-Hindi speaking areas in regard to the public services.
\n(4) There shall be constituted a Committee consisting of thirty members, of whom twenty shall be
\nmembers of the House of the People and ten shall be members of the Council of States to be elected
\nrespectively by the members of the House of the People and the members of the Council of States in
\naccordance with the system of proportional representation by means of the single transferable vote.
\n(5) It shall be the duty of the Committee to examine the recommendations of the Commission
\nconstituted under clause (1) and to report to the President their opinion thereon.
\n(6) Notwithstanding anything in article 343, the President may, after consideration of the report referred
\nto in clause (5), issue directions in accordance with the whole or any part of that report.
\nCHAPTER II.\u2014REGIONAL LANGUAGES
\n345. Official language or languages of a State.\u2014Subject to the provisions of articles 346 and 347,
\nthe Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi
\nas the language or languages to be used for all or any of the official purposes of that State:
\nProvided that, until the Legislature of the State otherwise provides by law, the English language shall
\ncontinue to be used for those official purposes within the State for which it was being used immediately
\nbefore the commencement of this Constitution.
\n346. Official language for communication between one State and another or between a State and
\nthe Union.\u2014The language for the time being authorised for use in the Union for official purposes shall be
\nthe official language for communication between one State and another State and between a State and the
\nUnion:
\nProvided that if two or more States agree that the Hindi language should be the official language for
\ncommunication between such States, that language may be used for such communication.
\n347. Special provision relating to language spoken by a section of the population of a State.\u2014On
\na demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the
\npopulation of a State desire the use of any language spoken by them to be recognised by that State, direct
\nthat such language shall also be officially recognised throughout that State or any part thereof for such
\npurpose as he may specify.
\nCHAPTER III.\u2014LANGUAGE OF THE SUPREME COURT,
\nHIGH COURTS, ETC.
\n348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.\u2014
\n(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise
\nprovides\u2014
\n(a) all proceedings in the Supreme Court and in every High Court,
\n(b) the authoritative texts\u2014
\n(i) of all Bills to be introduced or amendments thereto to be moved in either House of
\nParliament or in the House or either House of the Legislature of a State,
\n147
\n(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances
\npromulgated by the President or the Governor 1*** of a State, and
\n(iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any
\nlaw made by Parliament or the Legislature of a State,
\nshall be in the English language.
\n(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor of a State may, with the
\nprevious consent of the President, authorise the use of the Hindi language, or any other language used for
\nany official purposes of the State, in proceedings in the High Court having its principal seat in that State:
\nProvided that nothing in this clause shall apply to any judgment, decree or order passed or made by
\nsuch High Court.
\n(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has
\nprescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the
\nLegislature of the State or in Ordinances promulgated by the Governor 1*** of the State or in any order, rule,
\nregulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English
\nlanguage published under the authority of the Governor 1*** of the State in the Official Gazette of that State
\nshall be deemed to be the authoritative text thereof in the English language under this article.
\n349. Special procedure for enactment of certain laws relating to language.\u2014During the period of
\nfifteen years from the commencement of this Constitution, no Bill or amendment making provision for the
\nlanguage to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or
\nmoved in either House of Parliament without the previous sanction of the President, and the President shall
\nnot give his sanction to the introduction of any such Bill or the moving of any such amendment except after
\nhe has taken into consideration the recommendations of the Commission constituted under clause (1) of
\narticle 344 and the report of the Committee constituted under clause (4) of that article.
\nCHAPTER IV.\u2014SPECIAL DIRECTIVES
\n350. Language to be used in representations for redress of grievances.\u2014Every person shall be
\nentitled to submit a representation for the redress of any grievance to any officer or authority of the Union
\nor a State in any of the languages used in the Union or in the State, as the case may be.
\n2
\n[350A. Facilities for instruction in mother-tongue at primary stage.\u2014It shall be the endeavour of
\nevery State and of every local authority within the State to provide adequate facilities for instruction in the
\nmother-tongue at the primary stage of education to children belonging to linguistic minority groups; and
\nthe President may issue such directions to any State as he considers necessary or proper for securing the
\nprovision of such facilities.
\n350B. Special Officer for linguistic minorities.\u2014(1) There shall be a Special Officer for linguistic
\nminorities to be appointed by the President.
\n(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for
\nlinguistic minorities under this Constitution and report to the President upon those matters at such intervals as
\nthe President may direct, and the President shall cause all such reports to be laid before each House of Parliament,
\nand sent to the Governments of the States concerned.]
\n351. Directive for development of the Hindi language.\u2014It shall be the duty of the Union to promote
\nthe spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the
\nelements of the composite culture of India and to secure its enrichment by assimilating without interfering
\nwith its genius, the forms, style and expressions used in Hindustani and in the other languages of India
\nspecified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary,
\nprimarily on Sanskrit and secondarily on other languages.<\/p>\n
1. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s.29 and Sch. (w.e.f. 1-11-1956).
\n2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 21 (w.e.f. 1-11-1956).
\n148
\nPART XVIII
\nEMERGENCY PROVISIONS
\n352. Proclamation of Emergency.\u2014(1) If the President is satisfied that a grave emergency exists
\nwhereby the security of India or of any part of the territory thereof is threatened, whether by war or external
\naggression or 1
\n[armed rebellion], he may, by Proclamation, make a declaration to that effect 2
\n[in respect of
\nthe whole of India or of such part of the territory thereof as may be specified in the Proclamation].
\n3
\n[Explanation.\u2014A Proclamation of Emergency declaring that the security of India or any part of the
\nterritory thereof is threatened by war or by external aggression or by armed rebellion may be made before
\nthe actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is
\nimminent danger thereof.]
\n4
\n[(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation.
\n(3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such
\nProclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime
\nMinister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be
\nissued has been communicated to him in writing.
\n(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall,
\nexcept where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of
\none month unless before the expiration of that period it has been approved by resolutions of both Houses
\nof Parliament:
\nProvided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is
\nissued at a time when the House of the People has been dissolved, or the dissolution of the House of the
\nPeople takes place during the period of one month referred to in this clause, and if a resolution approving
\nthe Proclamation has been passed by the Council of States, but no resolution with respect to such
\nProclamation has been passed by the House of the People before the expiration of that period, the
\nProclamation shall cease to operate at the expiration of thirty days from the date on which the House of the
\nPeople first sits after its reconstitution, unless before the expiration of the said period of thirty days a
\nresolution approving the Proclamation has been also passed by the House of the People.
\n(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of
\nsix months from the date of the passing of the second of the resolutions approving the Proclamation under
\nclause (4):
\nProvided that if and so often as a resolution approving the continuance in force of such a Proclamation
\nis passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a
\nfurther period of six months from the date on which it would otherwise have ceased to operate under this
\nclause:
\nProvided further that if the dissolution of the House of the People takes place during any such period
\nof six months and a resolution approving the continuance in force of such Proclamation has been passed by
\nthe Council of States but no resolution with respect to the continuance in force of such Proclamation has
\nbeen passed by the House of the People during the said period, the Proclamation shall cease to operate at
\nthe expiration of thirty days from the date on which the House of the People first sits after its reconstitution
\nunless before the expiration of the said period of thirty days, a resolution approving the continuance in
\nforce of the Proclamation has been also passed by the House of the People.<\/p>\n
1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37, for \u201cinternal disturbances\u201d (w.e.f. 20-6-1979).
\n2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 48 (w.e.f. 3-1-1977).
\n3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).
\n4. Subs. by ibid., for cls. (2), (2A) and (3).
\n149
\n(6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament
\nonly by a majority of the total membership of that House and by a majority of not less than two-thirds of
\nthe Members of that House present and voting.
\n(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a
\nProclamation issued under clause (1) or a Proclamation varying such Proclamation if the House of the
\nPeople passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of,
\nsuch Proclamation.
\n(8) Where a notice in writing signed by not less than one-tenth of the total number of members of the
\nHouse of the People has been given, of their intention to move a resolution for disapproving, or, as the case
\nmay be, for disapproving the continuance in force of, a Proclamation issued under clause (1) or a
\nProclamation varying such Proclamation,\u2014
\n(a) to the Speaker, if the House is in session; or
\n(b) to the President, if the House is not in session,
\na special sitting of the House shall be held within fourteen days from the date on which such notice is
\nreceived by the Speaker, or, as the case may be, by the President, for the purpose of considering such
\nresolution.]
\n1
\n[
\n2
\n[(9)] The power conferred on the President by this article shall include the power to issue different
\nProclamations on different grounds, being war or external aggression or 3
\n[armed rebellion] or imminent
\ndanger of war or external aggression or 3
\n[armed rebellion], whether or not there is a Proclamation already
\nissued by the President under clause (1) and such Proclamation is in operation.
\n4* * * * *]
\n353. Effect of Proclamation of Emergency.\u2014While a Proclamation of Emergency is in operation,
\nthen\u2014
\n(a) notwithstanding anything in this Constitution, the executive power of the Union shall extend
\nto the giving of directions to any State as to the manner in which the executive power thereof is to be
\nexercised;
\n(b) the power of Parliament to make laws with respect to any matter shall include power to make
\nlaws conferring powers and imposing duties, or authorising the conferring of powers and the imposition
\nof duties, upon the Union or officers and authorities of the Union as respects that matter,
\nnotwithstanding that it is one which is not enumerated in the Union List:
\n5
\n[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of
\nIndia,\u2014
\n(i) the executive power of the Union to give directions under clause (a), and
\n(ii) the power of Parliament to make laws under clause (b),
\nshall also extend to any State other than a State in which or in any part of which the Proclamation of
\nEmergency is in operation if and in so far as the security of India or any part of the territory thereof is
\nthreatened by activities in or in relation to the part of the territory of India in which the Proclamation of
\nEmergency is in operation.]
\n354. Application of provisions relating to distribution of revenues while a Proclamation of
\nEmergency is in operation.\u2014(1) The President may, while a Proclamation of Emergency is in operation,<\/p>\n
1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (retrospectively).
\n2. Cl. (4) re-numbered as cl. (9) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).
\n3. Subs. by ibid., for \u201cinternal disturbances\u201d.
\n4. Cl. (5) omitted by ibid.
\n5. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 49 (w.e.f. 3-1-1977).
\n150
\nby order direct that all or any of the provisions of articles 268 to 279 shall for such period, not extending
\nin any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as
\nmay be specified in the order, have effect subject to such exceptions or modifications as he thinks fit.
\n(2) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each
\nHouse of Parliament.
\n355. Duty of the Union to protect States against external aggression and internal disturbance.\u2014
\nIt shall be the duty of the Union to protect every State against external aggression and internal disturbance
\nand to ensure that the Government of every State is carried on in accordance with the provisions of this
\nConstitution.
\n356. Provisions in case of failure of constitutional machinery in States.\u2014(1) If the President, on
\nreceipt of a report from the Governor 1*** of a State or otherwise, is satisfied that a situation has arisen in
\nwhich the Government of the State cannot be carried on in accordance with the provisions of this
\nConstitution, the President may by Proclamation\u2014
\n(a) assume to himself all or any of the functions of the Government of the State and all or any of
\nthe powers vested in or exercisable by the Governor 2*** or any body or authority in the State other
\nthan the Legislature of the State;
\n(b)declare that the powers of the Legislature of the State shall be exercisable by or under the
\nauthority of Parliament;
\n(c) make such incidental and consequential provisions as appear to the President to be necessary or
\ndesirable for giving effect to the objects of the Proclamation, including provisions for suspending in
\nwhole or in part the operation of any provisions of this Constitution relating to any body or authority
\nin the State:
\nProvided that nothing in this clause shall authorise the President to assume to himself any of the powers
\nvested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision
\nof this Constitution relating to High Courts.
\n(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
\n(3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except
\nwhere it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two
\nmonths unless before the expiration of that period it has been approved by resolutions of both Houses of
\nParliament:
\nProvided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is
\nissued at a time when the House of the People is dissolved or the dissolution of the House of the People
\ntakes place during the period of two months referred to in this clause, and if a resolution approving the
\nProclamation has been passed by the Council of States, but no resolution with respect to such Proclamation
\nhas been passed by the House of the People before the expiration of that period, the Proclamation shall
\ncease to operate at the expiration of thirty days from the date on which the House of the People first sits
\nafter its reconstitution unless before the expiration of the said period of thirty days a resolution approving
\nthe Proclamation has been also passed by the House of the People.
\n(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of
\n3
\n[six months from the date of issue of the Proclamation:]
\nProvided that if and so often as a resolution approving the continuance in force of such a Proclamation
\nis passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a<\/p>\n
1. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. The words \u201cor Rajpramukh, as the case may be\u201d omitted by ibid.
\n3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for \u201cone year from the date of the passing of the second
\nof the resolutions approving the Proclamation under clause (3)\u201d (w.e.f. 20-6-1979). The words \u201cone year\u201d were subs. for the
\noriginal words \u201csix months\u201d by the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977).
\n151
\nfurther period of 1
\n[six months] from the date on which under this clause it would otherwise have ceased to
\noperate, but no such Proclamation shall in any case remain in force for more than three years:
\nProvided further that if the dissolution of the House of the People takes place during any such period
\nof 1
\n[six months] and a resolution approving the continuance in force of such Proclamation has been passed
\nby the Council of States, but no resolution with respect to the continuance in force of such Proclamation
\nhas been passed by the House of the People during the said period, the Proclamation shall cease to operate
\nat the expiration of thirty days from the date on which the House of the People first sits after its
\nreconstitution unless before the expiration of the said period of thirty days a resolution approving the
\ncontinuance in force of the Proclamation has been also passed by the House of the People:
\n2
\n[Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May,
\n1987 with respect to the State of Punjab, the reference in the first proviso to this clause to \u201cthree years\u201d
\nshall be construed as a reference to 3
\n[five years].]
\n4
\n[(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in
\nforce of a Proclamation approved under clause (3) for any period beyond the expiration of one year from
\nthe date of issue of such Proclamation shall not be passed by either House of Parliament unless\u2014
\n(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in
\nthe whole or any part of the State, at the time of the passing of such resolution, and
\n(b) the Election Commission certifies that the continuance in force of the Proclamation approved
\nunder clause (3) during the period specified in such resolution is necessary on account of difficulties in
\nholding general elections to the Legislative Assembly of the State concerned:
\n5
\n[Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the
\n11th day of May, 1987 with respect to the State of Punjab.]
\n357. Exercise of legislative powers under Proclamation issued under article 356.\u2014(1) Where by a
\nProclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature
\nof the State shall be exercisable by or under the authority of Parliament, it shall be competent\u2014
\n(a) for Parliament to confer on the President the power of the Legislature of the State to make laws,
\nand to authorise the President to delegate, subject to such conditions as he may think fit to impose, the
\npower so conferred to any other authority to be specified by him in that behalf;
\n(b) for Parliament, or for the President or other authority in whom such power to make laws is
\nvested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the
\nconferring of powers and the imposition of duties, upon the Union or officers and authorities thereof;
\n(c) for the President to authorise when the House of the People is not in session expenditure from
\nthe Consolidated Fund of the State pending the sanction of such expenditure by Parliament.
\n6
\n[(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the
\nPresident or other authority referred to in sub-clause (a) of clause (1) which Parliament or the President or
\nsuch other authority would not, but for the issue of a Proclamation under article 356, have been competent
\nto make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or
\namended by a competent Legislature or other authority.]<\/p>\n
1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38 for \u201cone year\u201d (w.e.f. 20-6-1979). The words \u201cone year\u201d
\nwere subs. for the original words \u201csix months\u201d by the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977).
\n2. Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2 (w.e.f. 16-4-1990).
\n3. Subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 (w.e.f. 4-10-1990) and the Constitution (Sixty-eighth
\nAmendment) Act, 1991, s. 2 to read as above (w.e.f. 12-3-1991).
\n4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for cl. (5) (w.e.f. 20-6-1979). Cl. (5) was ins. by the
\nConstitution (Thirty-eighth Amendment) Act, 1975, s. 6 (retrospectively).
\n5. Omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 2 (w.e.f. 6-1-1990) and ins. by the Constitution (Sixty-fourth
\nAmendment) Act, 1990, s. 2 (w.e.f. 16-4-1990).
\n6. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 51, for cl. (2) (w.e.f. 3-1-1977).
\n152
\n358. Suspension of provisions of article 19 during emergencies.\u20141
\n[(1)]
\n2
\n[While a Proclamation of
\nEmergency declaring that the security of India or any part of the territory thereof is threatened by war or by
\nexternal aggression is in operation], nothing in article 19 shall restrict the power of the State as defined in
\nPart III to make any law or to take any executive action which the State would but for the provisions
\ncontained in that Part be competent to make or to take, but any law so made shall, to the extent of the
\nincompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things
\ndone or omitted to be done before the law so ceases to have effect:
\n3
\n[Provided that 4
\n[where such Proclamation of Emergency] is in operation only in any part of the
\nterritory of India, any such law may be made, or any such executive action may be taken, under this article
\nin relation to or in any State or Union territory in which or in any part of which the Proclamation of
\nEmergency is not in operation, if and in so far as the security of India or any part of the territory thereof is
\nthreatened by activities in or in relation to the part of the territory of India in which the Proclamation of
\nEmergency is in operation.]
\n5
\n[(2) Nothing in clause (1) shall apply\u2014
\n(a) to any law which does not contain a recital to the effect that such law is in relation to the
\nProclamation of Emergency in operation when it is made; or
\n(b) to any executive action taken otherwise than under a law containing such a recital.]
\n359. Suspension of the enforcement of the rights conferred by Part III during emergencies.\u2014
\n(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right
\nto move any court for the enforcement of such of 6
\n[the rights conferred by Part III (except articles 20 and
\n21)] as may be mentioned in the order and all proceedings pending in any court for the enforcement of the
\nrights so mentioned shall remain suspended for the period during which the Proclamation is in force or for
\nsuch shorter period as may be specified in the order.
\n7
\n[(1A) While an order made under clause (1) mentioning any of the rights conferred by Part III (except
\narticles 20 and 21) is in operation, nothing in that Part conferring those rights shall restrict the power of the
\nState as defined in the said Part to make any law or to take any executive action which the State would but
\nfor the provisions contained in that Part be competent to make or to take, but any law so made shall, to the
\nextent of the incompetency, cease to have effect as soon as the order aforesaid ceases to operate, except as
\nrespects things done or omitted to be done before the law so ceases to have effect:]
\n8
\n[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of
\nIndia, any such law may be made, or any such executive action may be taken, under this article in relation
\nto or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not
\nin operation, if and in so far as the security of India or any part of the territory thereof is threatened by
\nactivities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in
\noperation.]
\n9
\n[(1B) Nothing in clause (1A) shall apply\u2014
\n(a) to any law which does not contain a recital to the effect that such law is in relation to the
\nProclamation of Emergency in operation when it is made; or
\n(b) to any executive action taken otherwise than under a law containing such a recital.]<\/p>\n
1. Art. 358 re-numbered as cl. (1) thereof by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39 (w.e.f. 20-6-1979).
\n2. Subs. by ibid., for \u201cwhile a Proclamation of Emergency is in operation\u201d.
\n3. Ins.by the Constitution (Forty-second Amendment) Act, 1976, s. 52 (w.e.f. 3-1-1977).
\n4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, for \u201cwhere a Proclamation of Emergency\u201d (w.e.f.
\n20-6-1979).
\n5. Ins. by ibid.
\n6. Subs. by ibid., s. 40, for \u201cthe rights conferred by Part III\u201d (w.e.f. 20-6-1979).
\n7. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (retrospectively).
\n8. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).
\n9. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40 (w.e.f. 20-6-1979).
\n153
\n(2) An order made as aforesaid may extend to the whole or any part of the territory of India:
\n1
\n[Provided that where a Proclamation of Emergency is in operation only in a part of the territory of
\nIndia, any such order shall not extend to any other part of the territory of India unless the President, being
\nsatisfied that the security of India or any part of the territory thereof is threatened by activities in or in
\nrelation to the part of the territory of India in which the Proclamation of Emergency is in operation,
\nconsiders such extension to be necessary.]
\n(3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each
\nHouse of Parliament.
\n2359A. [Application of this Part to the State of Punjab.].\u2013Omitted by the Constitution (Sixty-third
\nAmendment) Act, 1989, s. 3 (w.e.f. 6-1-1990).
\n360. Provisions as to financial emergency.\u2014(1) If the President is satisfied that a situation has arisen
\nwhereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may
\nby a Proclamation make a declaration to that effect.
\n3
\n[(2) A Proclamation issued under clause (1)\u2014
\n(a) may be revoked or varied by a subsequent Proclamation;
\n(b) shall be laid before each House of Parliament;
\n(c) shall cease to operate at the expiration of two months, unless before the expiration of that period
\nit has been approved by resolutions of both Houses of Parliament:
\nProvided that if any such Proclamation is issued at a time when the House of the People has been
\ndissolved or the dissolution of the House of the People takes place during the period of two months
\nreferred to in sub-clause (c), and if a resolution approving the Proclamation has been passed by the Council
\nof States, but no resolution with respect to such Proclamation has been passed by the House of the People
\nbefore the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days
\nfrom the date on which the House of the People first sits after its reconstitution unless before the expiration
\nof the said period of thirty days a resolution approving the Proclamation has been also passed by the House
\nof the People.]
\n(3) During the period any such Proclamation as is mentioned in clause (1) is in operation, the executive
\nauthority of the Union shall extend to the giving of directions to any State to observe such canons of
\nfinancial propriety as may be specified in the directions, and to the giving of such other directions as the
\nPresident may deem necessary and adequate for the purpose.
\n(4) Notwithstanding anything in this Constitution\u2014
\n(a) any such direction may include\u2014
\n(i) a provision requiring the reduction of salaries and allowances of all or any class of persons
\nserving in connection with the affairs of a State;
\n(ii) a provision requiring all Money Bills or other Bills to which the provisions of article 207
\napply to be reserved for the consideration of the President after they are passed by the Legislature
\nof the State;
\n(b) it shall be competent for the President during the period any Proclamation issued under this
\narticle is in operation to issue directions for the reduction of salaries and allowances of all or any class<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).
\n2. Ins. by the Constitution (Fifty-ninth Amendment) Act, 1988, s. 3 (w.e.f. 30-3-1988). It shall cease to operate on the expiry of a
\nperiod of two years from the commencement of this Act, i.e. 30th day of March, 1988.
\n3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 41, for cl. (2) (w.e.f. 20-6-1979).
\n154
\nof persons serving in connection with the affairs of the Union including the Judges of the Supreme
\nCourt and the High Courts.
\n1* * * * *
\nPART XIX
\nMISCELLANEOUS
\n361. Protection of President and Governors and Rajpramukhs.\u2014(1) The President, or the Governor
\nor Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the
\npowers and duties of his office or for any act done or purporting to be done by him in the exercise and
\nperformance of those powers and duties:
\nProvided that the conduct of the President may be brought under review by any court, tribunal or body
\nappointed or designated by either House of Parliament for the investigation of a charge under article 61:
\nProvided further that nothing in this clause shall be construed as restricting the right of any person to
\nbring appropriate proceedings against the Government of India or the Government of a State.
\n(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the
\nGovernor 2*** of a State, in any court during his term of office.
\n(3) No process for the arrest or imprisonment of the President, or the Governor 2*** of a State, shall
\nissue from any court during his term of office.
\n(4) No civil proceedings in which relief is claimed against the President, or the Governor 2*** of a
\nState, shall be instituted during his term of office in any court in respect of any act done or purporting to be
\ndone by him in his personal capacity, whether before or after he entered upon his office as President, or as
\nGovernor 2*** of such State, until the expiration of two months next after notice in writing has been
\ndelivered to the President or the Governor 2***, as the case may be, or left at his office stating the nature
\nof the proceedings, the cause of action therefor, the name, description and place of residence of the party
\nby whom such proceedings are to be instituted and the relief which he claims.
\n3
\n[361A. Protection of publication of proceedings of Parliament and State Legislatures.\u2014(1) No
\nperson shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a
\nnewspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative
\nAssembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is
\nproved to have been made with malice:
\nProvided that nothing in this clause shall apply to the publication of any report of the proceedings of a
\nsecret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either
\nHouse of the Legislature, of a State.
\n(2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as
\npart of any programme or service provided by means of a broadcasting station as it applies in relation to
\nreports or matters published in a newspaper.
\nExplanation.\u2014In this article, \u201cnewspaper\u201d includes a news agency report containing material for
\npublication in a newspaper.]<\/p>\n
1. Cl. (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 8 (retrospectively) and omitted by the Constitution
\n(Forty-fourth Amendment) Act, 1978, s. 41 (w.e.f. 20-6-1979).
\n2. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 42 (w.e.f. 20-6-1979).
\n155
\n1
\n[361B. Disqualification for appointment on remunerative political post.\u2014A member of a House
\nbelonging to any political party who is disqualified for being a member of the House under paragraph 2 of
\nthe Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the
\nperiod commencing from the date of his disqualification till the date on which the term of his office as
\nsuch member would expire or till the date on which he contests an election to a House and is declared
\nelected, whichever is earlier.
\nExplanation. \u2014 For the purposes of this article,\u2014
\n(a) the expression \u201cHouse\u201d has the meaning assigned to it in clause (a) of paragraph 1 of the
\nTenth Schedule;
\n(b) the expression \u201cremunerative political post\u201d means any office\u2014
\n(i) under the Government of India or the Government of a State where the salary or
\nremuneration for such office is paid out of the public revenue of the Government of India or the
\nGovernment of the State, as the case may be; or
\n(ii) under a body, whether incorporated or not, which is wholly or partially owned by the
\nGovernment of India or the Government of State, and the salary or remuneration for such office is
\npaid by such body,
\nexcept where such salary or remuneration paid is compensatory in nature.]
\n362. [Rights and privileges of Rulers of Indian States.] Omitted by the Constitution (Twenty-sixth
\nAmendment)Act, 1971, s. 2 (w.e.f. 28-12-1971).
\n363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.\u2014(1)
\nNotwithstanding anything in this Constitution but subject to the provisions of article 143, neither the
\nSupreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a
\ntreaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or
\nexecuted before the commencement of this Constitution by any Ruler of an Indian State and to which the
\nGovernment of the Dominion of India or any of its predecessor Governments was a party and which has or
\nhas been continued in operation after such commencement, or in any dispute in respect of any right accruing
\nunder or any liability or obligation arising out of any of the provisions of this Constitution relating to any
\nsuch treaty, agreement, covenant, engagement, sanad or other similar instrument.
\n(2) In this article\u2014
\n(a) \u201cIndian State\u201d means any territory recognised before the commencement of this Constitution
\nby His Majesty or the Government of the Dominion of India as being such a State; and
\n(b) \u201cRuler\u201d includes the Prince, Chief or other person recognised before such commencement by
\nHis Majesty or the Government of the Dominion of India as the Ruler of any Indian State.
\n2
\n[363A. Recognition granted to Rulers of Indian States to cease and privy purses to be
\nabolished.\u2014Notwithstanding anything in this Constitution or in any law for the time being in force\u2014
\n(a) the Prince, Chief or other person who, at any time before the commencement of the Constitution
\n(Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State
\nor any person who, at any time before such commencement, was recognised by the President as the
\nsuccessor of such ruler shall, on and from such commencement, cease to be recognised as such Ruler
\nor the successor of such Ruler;
\n(b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971,
\nprivy purse is abolished and all rights, liabilities and obligations in respect of privy purse are<\/p>\n
1. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 4 (w.e.f. 1-1-2004).
\n2. Ins. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 3 (w.e.f. 28-12-1971).
\n156
\nextinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to
\nin clause (a) or any other person shall not be paid any sum as privy purse.]
\n364. Special provisions as to major ports and aerodromes.\u2014(1) Notwithstanding anything in this
\nConstitution, the President may by public notification direct that as from such date as may be specified in
\nthe notification\u2014
\n(a) any law made by Parliament or by the Legislature of a State shall not apply to any major port
\nor aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in
\nthe notification, or
\n(b) any existing law shall cease to have effect in any major port or aerodrome except as respects
\nthings done or omitted to be done before the said date, or shall in its application to such port or
\naerodrome have effect subject to such exceptions or modifications as may be specified in the
\nnotification.
\n(2) In this article\u2014
\n(a) \u201cmajor port\u201d means a port declared to be a major port by or under any law made by Parliament
\nor any existing law and includes all areas for the time being included within the limits of such port;
\n(b) \u201caerodrome\u201d means aerodrome as defined for the purposes of the enactments relating to
\nairways, aircraft and air navigation.
\n365. Effect of failure to comply with, or to give effect to, directions given by the Union.\u2014Where any
\nState has failed to comply with, or to give effect to, any directions given in the exercise of the executive power
\nof the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a
\nsituation has arisen in which the Government of the State cannot be carried on in accordance with the
\nprovisions of this Constitution.
\n366. Definitions.\u2014In this Constitution, unless the context otherwise requires, the following
\nexpressions have the meanings hereby respectively assigned to them, that is to say\u2014
\n(1) \u201cagricultural income\u201d means agricultural income as defined for the purposes of the enactments
\nrelating to Indian income-tax;
\n(2) \u201can Anglo-Indian\u201d means a person whose father or any of whose other male progenitors in the
\nmale line is or was of European descent but who is domiciled within the territory of India and is or was
\nborn within such territory of parents habitually resident therein and not established there for temporary
\npurposes only;
\n(3) \u201carticle\u201d means an article of this Constitution;
\n(4) \u201cborrow\u201d includes the raising of money by the grant of annuities, and \u201cloan\u201d shall be construed
\naccordingly;
\n1* * * * *
\n(5) \u201cclause\u201d means a clause of the article in which the expression occurs;
\n(6) \u201ccorporation tax\u201d means any tax on income, so far as that tax is payable by companies and is a
\ntax in the case of which the following conditions are fulfilled:\u2014
\n(a) that it is not chargeable in respect of agricultural income;
\n(b) that no deduction in respect of the tax paid by companies is, by any enactments which may
\napply to the tax, authorised to be made from dividends payable by the companies to individuals;<\/p>\n
1. Cl. (4A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54 (w.e.f. 1-2-1977) and omitted by the
\nConstitution (Forty-third Amendment) Act, 1977, s. 11 (w.e.f. 13-4-1978).
\n157
\n(c) that no provision exists for taking the tax so paid into account in computing for the purposes
\nof Indian income-tax the total income of individuals receiving such dividends, or in computing the
\nIndian income-tax payable by, or refundable to, such individuals;
\n(7) \u201ccorresponding Province\u201d, \u201ccorresponding Indian State\u201d or \u201ccorresponding State\u201d means in
\ncases of doubt such Province, Indian State or State as may be determined by the President to be the
\ncorresponding Province, the corresponding Indian State or the corresponding State, as the case may be,
\nfor the particular purpose in question;
\n(8) \u201cdebt\u201d includes any liability in respect of any obligation to repay capital sums by way of
\nannuities and any liability under any guarantee, and \u201cdebt charges\u201d shall be construed accordingly;
\n(9) \u201cestate duty\u201d means a duty to be assessed on or by reference to the principal value, ascertained
\nin accordance with such rules as may be prescribed by or under laws made by Parliament or the
\nLegislature of a State relating to the duty, of all property passing upon death or deemed, under the
\nprovisions of the said laws, so to pass;
\n(10) \u201cexisting law\u201d means any law, Ordinance, order, bye-law, rule or regulation passed or made
\nbefore the commencement of this Constitution by any Legislature, authority or person having power to
\nmake such a law, Ordinance, order, bye-law, rule or regulation;
\n(11) \u201cFederal Court\u201d means the Federal Court constituted under the Government of India Act, 1935;
\n(12) \u201cgoods\u201d includes all materials, commodities, and articles;
\n1
\n[(12A) \u201cgoods and services tax\u201d means any tax on supply of goods, or services or both except taxes
\non the supply of the alcoholic liquor for human consumption;]
\n(13) \u201cguarantee\u201d includes any obligation undertaken before the commencement of this Constitution
\nto make payments in the event of the profits of an undertaking falling short of a specified amount;
\n(14) \u201cHigh Court\u201d means any Court which is deemed for the purposes of this Constitution to be a
\nHigh Court for any State and includes\u2014
\n(a) any Court in the territory of India constituted or reconstituted under this Constitution as a
\nHigh Court, and
\n(b) any other Court in the territory of India which may be declared by Parliament by law to be
\na High Court for all or any of the purposes of this Constitution;
\n(15) \u201cIndian State\u201d means any territory which the Government of the Dominion of India recognised
\nas such a State;
\n(16) \u201cPart\u201d means a Part of this Constitution;
\n(17) \u201cpension\u201d means a pension, whether contributory or not, of any kind whatsoever payable to or
\nin respect of any person, and includes retired pay so payable; a gratuity so payable and any sum or sums
\nso payable by way of the return, with or without interest thereon or any other addition thereto, of
\nsubscriptions to a provident fund;
\n(18) \u201cProclamation of Emergency\u201d means a Proclamation issued under clause (1) of article 352;
\n(19) \u201cpublic notification\u201d means a notification in the Gazette of India, or, as the case may be, the
\nOfficial Gazette of a State;
\n(20) \u201crailway\u201d does not include\u2014
\n(a) a tramway wholly within a municipal area, or<\/p>\n
1. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 14(i) (w.e.f. 16-9-2016).
\n158
\n(b) any other line of communication wholly situate in one State and declared by Parliament by
\nlaw not to be a railway;
\n1* * * * *
\n2
\n[(22) \u201cRuler\u201d means the Prince, Chief or other person who, at any time before the commencement
\nof the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler
\nof an Indian State or any person who, at any time before such commencement, was recognised by the
\nPresident as the successor of such Ruler;]
\n(23) \u201cSchedule\u201d means a Schedule to this Constitution;
\n(24) \u201cScheduled Castes\u201d means such castes, races or tribes or parts of or groups within such castes,
\nraces or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this
\nConstitution;
\n(25) \u201cScheduled Tribes\u201d means such tribes or tribal communities or parts of or groups within such
\ntribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of
\nthis Constitution;
\n(26) \u201csecurities\u201d includes stock;
\n3* * * * *
\n4
\n[(26A) \u201cServices\u201d means anything other than goods;
\n(26B) \u201cState\u201d with reference to articles 246A, 268, 269, 269A and article 279A includes a Union
\nterritory with Legislature;]
\n5
\n[(26C) \u201csocially and educationally backward classes\u201d means such backward classes as are so
\ndeemed under article 342A for the purposes of this Constitution;]
\n(27) \u201csub-clause\u201d means a sub-clause of the clause in which the expression occurs;
\n(28) \u201ctaxation\u201d includes the imposition of any tax or impost, whether general or local or special,
\nand \u201ctax\u201d shall be construed accordingly;
\n(29) \u201ctax on income\u201d includes a tax in the nature of an excess profits tax;
\n6
\n[(29A) \u201ctax on the sale or purchase of goods\u201d includes\u2014
\n(a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for
\ncash, deferred payment or other valuable consideration;
\n(b) a tax on the transfer of property in goods (whether as goods or in some other form) involved
\nin the execution of a works contract;
\n(c) a tax on the delivery of goods on hire-purchase or any system of payment by instalments;
\n(d) a tax on the transfer of the right to use any goods for any purpose (whether or not for a
\nspecified period) for cash, deferred payment or other valuable consideration;<\/p>\n
1. Cl. (21) omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Subs. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 4, for cl. (22) (w.e.f. 28-12-1971).
\n3.Cl. (26A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54 (w.e.f. 1-2-1977) and omitted by the
\nConstitution (Forty-third Amendment) Act, 1977, s. 11 (w.e.f. 13-4-1978).
\n4. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 14(ii) (w.e.f. 16-9-2016).
\n5. Ins. by the Constitution (One Hundred and Second Amendment) Act, 2018, s. 5 (w.e.f 11-8-2018).
\n6. Ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 4 (w.e.f. 2-2-1983).
\n159
\n(e) a tax on the supply of goods by any unincorporated association or body of persons to a
\nmember thereof for cash, deferred payment or other valuable consideration;
\n(f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever,
\nof goods, being food or any other article for human consumption or any drink (whether or not
\nintoxicating), where such supply or service, is for cash, deferred payment or other valuable
\nconsideration,
\nand such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the
\nperson making the transfer, delivery or supply and a purchase of those goods by the person to whom such
\ntransfer, delivery or supply is made;]
\n1
\n[(30) \u201cUnion territory\u201d means any Union territory specified in the First Schedule and includes any
\nother territory comprised within the territory of India but not specified in that Schedule.]
\n367. Interpretation.\u2014(1) Unless the context otherwise requires, the General Clauses Act, 1897, shall,
\nsubject to any adaptations and modifications that may be made therein under article 372, apply for the
\ninterpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the
\nDominion of India.
\n(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of,
\nor made by, the Legislature of a State 2***, shall be construed as including a reference to an Ordinance
\nmade by the President or, to an Ordinance made by a Governor 3***, as the case may be.
\n(3) For the purposes of this Constitution \u201cforeign State\u201d means any State other than India:
\nProvided that, subject to the provisions of any law made by Parliament, the President may by order4
\ndeclare any State not to be a foreign State for such purposes as may be specified in the order.
\nPART XX
\nAMENDMENT OF THE CONSTITUTION
\n368.
\n5
\n[Power of Parliament to amend the Constitution and procedure therefor.]\u2014 6
\n[(1)
\nNotwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend
\nby way of addition, variation or repeal any provision of this Constitution in accordance with the procedure
\nlaid down in this article.]
\n7
\n[(2)] An amendment of this Constitution may be initiated only by the introduction of a Bill for the
\npurpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total
\nmembership of that House and by a majority of not less than two-thirds of the members of that House
\npresent and voting, 8
\n[it shall be presented to the President who shall give his assent to the Bill and
\nthereupon] the Constitution shall stand amended in accordance with the terms of the Bill:
\nProvided that if such amendment seeks to make any change in\u2014
\n(a) article 54, article 55, article 73, 9
\n[article 162, article241 or article 279A] or
\n(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or<\/p>\n
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for cl. (30) (w.e.f. 1-11-1956).
\n2.The words and letters \u201cspecified in Part A or Part B of the First Schedule \u201d omitted by ibid.
\n3. The words \u201cor Rajpramukh\u201d omitted by ibid.
\n4. See the Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2).
\n5. Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3, for \u201cProcedure for amendment of the Constitution.\u201d
\n(w.e.f. 5-11-1971).
\n6. Ins. by ibid.
\n7. Art. 368 renumbered as cl. (2) thereof by ibid.
\n8. Subs. by ibid., for \u201c it shall be presented to the President for his assent and upon such assent being given to the Bill,\u201d.
\n9. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 15, for the words and figures “article 162 or article
\n241″ (w.e.f. 16-9-2016).
\n160
\n(c) any of the Lists in the Seventh Schedule, or
\n(d) the representation of States in Parliament, or
\n(e) the provisions of this article,
\nthe amendment shall also require to be ratified by the Legislatures of not less than one-half of the States
\n1*** by resolutions to that effect passed by those Legislatures before the Bill making provision for such
\namendment is presented to the President for assent.
\n2
\n[(3) Nothing in article 13 shall apply to any amendment made under this article.]
\n\uf02a
\n[(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to
\nhave been made under this article whether before or after the commencement of section 55 of the Constitution
\n(Forty-second Amendment) Act, 1976] shall be called in question in any court on any ground.
\n(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the
\nconstituent power of Parliament to amend by way of addition, variation or repeal the provisions of this
\nConstitution under this article.]
\nPART XXI
\n3
\n[TEMPORARY, TRANSITIONAL AND
\nSPECIAL PROVISIONS]
\n369. Temporary power to Parliament to make laws with respect to certain matters in the State
\nList as if they were matters in the Concurrent List.\u2014Notwithstanding anything in this Constitution,
\nParliament shall, during a period of five years from the commencement of this Constitution, have power to
\nmake laws with respect to the following matters as if they were enumerated in the Concurrent List,
\nnamely:\u2014
\n(a) trade and commerce within a State in, and the production, supply and distribution of, cotton and
\nwoollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper
\n(including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes
\nand other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;
\n(b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction
\nand powers of all courts except the Supreme Court with respect to any of those matters, and fees in
\nrespect of any of those matters but not including fees taken in any court;
\nbut any law made by Parliament, which Parliament would not but for the provisions of this article have been
\ncompetent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said
\nperiod, except as respects things done or omitted to be done before the expiration thereof.<\/p>\n
1. The words and letters \u201cspecified in Part A and B of the First Schedule\u201d omitted by the Constitution (Seventh Amendment) Act,
\n1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3 (w.e.f. 5-11-1971).
\n\uf02a Cls. (4) and (5) ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 55 (w.e.f. 3-1-1977). This section has been
\ndeclared invalid by the Supreme Court in Minerva Mills Ltd. and Others Vs. Union of India and Others AIR 1980 SC 1789.
\n3. Subs. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2, \u201cTEMPORARY AND TRANSITIONAL PROVISIONS\u201d
\n(w.e.f. 1-12-1963).
\n161
\n1370. Temporary provisions with respect to the State of Jammu and Kashmir.\u2014(1)
\nNotwithstanding anything in this Constitution,\u2014
\n(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
\n(b) the power of Parliament to make laws for the said State shall be limited to\u2014
\n(i) those matters in the Union List and the Concurrent List which, in consultation with the
\nGovernment of the State, are declared by the President to correspond to matters specified in the
\nInstrument of Accession governing the accession of the State to the Dominion of India as the
\nmatters with respect to which the Dominion Legislature may make laws for that State; and
\n(ii) such other matters in the said Lists as, with the concurrence of the Government of the State,
\nthe President may by order specify.
\nExplanation.\u2014For the purposes of this article, the Government of the State means the person
\nfor the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice
\nof the Council of Ministers for the time being in office under the Maharaja\u2019s Proclamation dated the fifth
\nday of March, 1948;
\n(c) the provisions of article 1 and of this article shall apply in relation to that State;
\n(d) such of the other provisions of this Constitution shall apply in relation to that State subject to
\nsuch exceptions and modifications as the President may by order2
\nspecify:
\nProvided that no such order which relates to the matters specified in the Instrument of Accession
\nof the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the
\nGovernment of the State:
\nProvided further that no such order which relates to matters other than those referred to in the last
\npreceding proviso shall be issued except with the concurrence of that Government.
\n(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of
\nclause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly
\nfor the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly
\nfor such decision as it may take thereon.
\n(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public
\nnotification, declare that this article shall cease to be operative or shall be operative only with such
\nexceptions and modifications and from such date as he may specify:
\nProvided that the recommendation of the Constituent Assembly of the State referred to in clause (2)
\nshall be necessary before the President issues such a notification.
\n3
\n[371. Special provision with respect to the States of 4*** Maharashtra and Gujarat.\u20145
\n(1)***
\n(2) Notwithstanding anything in this Constitution, the President may by order made with respect to
\n6
\n[the State of Maharashtra or Gujarat], provide for any special responsibility of the Governor for\u2014<\/p>\n
1. In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State
\nof Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the
\nmodification that for the Explanation in cl. (1) thereof, the following Explanation is substituted, namely:-
\n\u201cExplanation.\u2013 For the purposes of this article, the Government of the State means the person for the time being recognised by the
\nPresident on the recommendation of the Legislative Assembly of the State as the *Sadar-I Riyasat of Jammu and Kashmir, acting
\non the advice of the Council of Ministers of the State for the time being in office.\u201d.
\n(Ministry of Law Order No. C.O. 44, dated the 15th November, 1952).
\n*Now \u201cGovernor\u201d.
\n2. See the Constitution (Application to Jammu and Kashmir) Order, 1954 (C.O. 48) as amended from time to time, in Appendix I.
\n3. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22 (w.e.f. 1-11-1956).
\n4. The words \u201cAndhra Pradesh\u201d, omitted by Constitution (Thirty-second Amendment) Act, 1973, s. 2 (w.e.f. 1-7-1974).
\n5. Cl. (1) omitted by ibid.
\n6. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for \u201cthe State of Bombay\u201d (w.e.f. 1-5-1960).
\n162
\n(a) the establishment of separate development boards for Vidarbha, Marathwada, 1
\n[and the rest of
\nMaharashtra or, as the case may be], Saurashtra, Kutch and the rest of Gujarat with the provision that
\na report on the working of each of these boards will be placed each year before the State Legislative
\nAssembly;
\n(b) the equitable allocation of funds for developmental expenditure over the said areas, subject to
\nthe requirements of the State as a whole; and
\n(c) an equitable arrangement providing adequate facilities for technical education and vocational
\ntraining, and adequate opportunities for employment in services under the control of the State
\nGovernment, in respect of all the said areas, subject to the requirements of the State as a whole.]
\n2
\n[371A. Special provision with respect to the State of Nagaland.\u2014(1) Notwithstanding anything in
\nthis Constitution,\u2014
\n(a) no Act of Parliament in respect of\u2014
\n(i) religious or social practices of the Nagas,
\n(ii) Naga customary law and procedure,
\n(iii) administration of civil and criminal justice involving decisions according to Naga
\ncustomary law,
\n(iv) ownership and transfer of land and its resources,
\nshall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so
\ndecides;
\n(b) the Governor of Nagaland shall have special responsibility with respect to law and order in the
\nState of Nagaland for so long as in his opinion internal disturbances occurring in the Naga HillsTuensang Area immediately before the formation of that State continue therein or in any part thereof
\nand in the discharge of his functions in relation thereto the Governor shall, after consulting the Council
\nof Ministers, exercise his individual judgment as to the action to be taken:
\nProvided that if any question arises whether any matter is or is not a matter as respects which the
\nGovernor is under this sub-clause required to act in the exercise of his individual judgment, the decision
\nof the Governor in his discretion shall be final, and the validity of anything done by the Governor shall
\nnot be called in question on the ground that he ought or ought not to have acted in the exercise of his
\nindividual judgment:
\nProvided further that if the President on receipt of a report from the Governor or otherwise is
\nsatisfied that it is no longer necessary for the Governor to have special responsibility with respect to
\nlaw and order in the State of Nagaland, he may by order direct that the Governor shall cease to have
\nsuch responsibility with effect from such date as may be specified in the order;
\n(c) in making his recommendation with respect to any demand for a grant, the Governor of
\nNagaland shall ensure that any money provided by the Government of India out of the Consolidated
\nFund of India for any specific service or purpose is included in the demand for a grant relating to that
\nservice or purpose and not in any other demand;
\n(d) as from such date as the Governor of Nagaland may by public notification in this behalf specify,
\nthere shall be established a regional council for the Tuensang district consisting of thirty-five members
\nand the Governor shall in his discretion make rules providing for\u2014
\n(i) the composition of the regional council and the manner in which the members of the regional
\ncouncil shall be chosen:<\/p>\n
1. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for \u201cthe rest of Maharashtra\u201d (w.e.f. 1-5-1960).
\n2. Ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2 (w.e.f. 1-12-1963).
\n163
\nProvided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex
\nofficio of the regional council and the Vice-Chairman of the regional council shall be elected by
\nthe members thereof from amongst themselves;
\n(ii) the qualifications for being chosen as, and for being, members of the regional council;
\n(iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the
\nregional council;
\n(iv) the procedure and conduct of business of the regional council;
\n(v) the appointment of officers and staff of the regional council and their conditions of services;
\nand
\n(vi) any other matter in respect of which it is necessary to make rules for the constitution and
\nproper functioning of the regional council.
\n(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the
\nformation of the State of Nagaland or for such further period as the Governor may, on the recommendation
\nof the regional council, by public notification specify in this behalf,\u2014
\n(a) the administration of the Tuensang district shall be carried on by the Governor;
\n(b) where any money is provided by the Government of India to the Government of Nagaland to
\nmeet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange
\nfor an equitable allocation of that money between the Tuensang district and the rest of the State;
\n(c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless the Governor, on
\nthe recommendation of the regional council, by public notification so directs and the Governor in giving
\nsuch direction with respect to any such Act may direct that the Act shall in its application to the
\nTuensang district or any part thereof have effect subject to such exceptions or modifications as the
\nGovernor may specify on the recommendation of the regional council:
\nProvided that any direction given under this sub-clause may be given so as to have retrospective
\neffect;
\n(d) the Governor may make regulations for the peace, progress and good government of the Tuensang
\ndistrict and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of
\nParliament or any other law which is for the time being applicable to that district;
\n(e) (i) one of the members representing the Tuensang district in the Legislative Assembly of
\nNagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief
\nMinister and the Chief Minister in tendering his advice shall act on the recommendation of the majority
\nof the members as aforesaid1
\n;
\n(ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all
\nmatters relating to the Tuensang district but he shall keep the Chief Minister informed about the same;
\n(f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all
\nmatters relating to the Tuensang district shall be made by the Governor in his discretion;
\n(g) in articles 54 and 55 and clause (4) of article 80, references to the elected members of the
\nLegislative Assembly of a State or to each such member shall include references to the members or<\/p>\n
1. Paragraph 2 of the Constitution (Removal of Difficulties) Order No. X provides (w.e.f. 1-12-1963) that article 371A of the
\nConstitution of India shall have effect as if the following proviso were added to paragraph (i) of sub-clause (e) of clause (2)
\nthereof, namely:-
\n\u201cProvided that the Governor may, on the advice of the Chief Minister, appoint any person as Minister for Tuensang affairs to act
\nas such until such time as persons are chosen in accordance with law to fill the seats allocated to the Tuensang district, in the
\nLegislative Assembly of Nagaland.\u201d
\n164
\nmember of the Legislative Assembly of Nagaland elected by the regional council established under this
\narticle;
\n(h) in article 170\u2014
\n(i) clause (1) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for
\nthe word \u201csixty\u201d, the word \u201cforty-six\u201d had been substituted;
\n(ii) in the said clause, the reference to direct election from territorial constituencies in the State
\nshall include election by the members of the regional council established under this article;
\n(iii) in clauses (2) and (3), references to territorial constituencies shall mean references to
\nterritorial constituencies in the Kohima and Mokokchung districts.
\n(3) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President
\nmay by order do anything (including any adaptation or modification of any other article) which appears to
\nhim to be necessary for the purpose of removing that difficulty:
\nProvided that no such order shall be made after the expiration of three years from the date of the
\nformation of the State of Nagaland.
\nExplanation..\u2014In this article, the Kohima, Mokokchung and Tuensang districts shall have the same
\nmeanings as in the State of Nagaland Act, 1962.]
\n1
\n[371B. Special provision with respect to the State of Assam.\u2014Notwithstanding anything in this
\nConstitution, the President may, by order made with respect to the State of Assam, provide for the
\nconstitution and functions of a committee of the Legislative Assembly of the State consisting of members
\nof that Assembly elected from the tribal areas specified in 2
\n[Part I] of the table appended to paragraph 20
\nof the Sixth Schedule and such number of other members of that Assembly as may be specified in the order
\nand for the modifications to be made in the rules of procedure of that Assembly for the constitution and
\nproper functioning of such committee.]
\n3
\n[371C. Special provision with respect to the State of Manipur.\u2014(1) Notwithstanding anything in this
\nConstitution, the President may, by order made with respect to the State of Manipur, provide for the
\nconstitution and functions of a committee of the Legislative Assembly of the State consisting of members of
\nthat Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of
\nbusiness of the Government and in the rules of procedure of the Legislative Assembly of the State and for any
\nspecial responsibility of the Governor in order to secure the proper functioning of such committee.
\n(2) The Governor shall annually, or whenever so required by the President, make a report to the President
\nregarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union
\nshall extend to the giving of directions to the State as to the administration of the said areas.
\nExplanation.\u2014In this article, the expression \u201cHill Areas\u201d means such areas as the President may, by
\norder, declare to be Hill areas.]
\n4
\n[371D. Special provisions with respect to 5
\n[the State of Andhra Pradesh or the State of
\nTelangana].\u20146
\n[(1) The President may by order made with respect to the State of Andhra Pradesh or the
\nState of Telangana, provide, having regard to the requirement of each State, for equitable opportunities and
\nfacilities for the people belonging to different parts of such State, in the matter of public employment and in
\nthe matter of education, and different provisions may be made for various parts of the States.]<\/p>\n
1. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4 (w.e.f. 25-9-1969).
\n2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 7, for \u201cPart A\u201d (w.e.f. 21-1-1972).
\n3. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5 (w.e.f. 15-2-1972).
\n4. Ins. by the Constitution (Thirty-second Amendment) Act, 1973, s. 3 (w.e.f. 1-7-1974).
\n5. Subs. by the Andhra Pradesh Reorganisation Act, 2014, s. 97, for \u201cthe State of Andhra Pradesh\u201d (w.e.f. 2-6-2014).
\n6. Subs. by ibid.
\n165
\n(2) An order made under clause (1) may, in particular,\u2014
\n(a) require the State Government to organise any class or classes of posts in a civil service of, or
\nany class or classes of civil posts under, the State into different local cadres for different parts of the
\nState and allot in accordance with such principles and procedure as may be specified in the order the
\npersons holding such posts to the local cadres so organised;
\n(b) specify any part or parts of the State which shall be regarded as the local area\u2014
\n(i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order
\nunder this article or constituted otherwise) under the State Government;
\n(ii) for direct recruitment to posts in any cadre under any local authority within the State; and
\n(iii) for the purposes of admission to any University within the State or to any other educational
\ninstitution which is subject to the control of the State Government;
\n(c) specify the extent to which, the manner in which and the conditions subject to which, preference
\nor reservation shall be given or made\u2014
\n(i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as
\nmay be specified in this behalf in the order;
\n(ii) in the matter of admission to any such University or other educational institution referred
\nto in sub-clause (b) as may be specified in this behalf in the order,
\nto or in favour of candidates who have resided or studied for any period specified in the order in the local
\narea in respect of such cadre, University or other educational institution, as the case may be.
\n(3) The President may, by order, provide for the constitution of an Administrative Tribunal for 1
\n[the
\nState of Andhra Pradesh and for the State of Telangana] to exercise such jurisdiction, powers and authority
\n[including any jurisdiction, power and authority which immediately before the commencement of the
\nConstitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme
\nCourt) or by any tribunal or other authority] as may be specified in the order with respect to the following
\nmatters, namely:\u2014
\n(a) appointment, allotment or promotion to such class or classes of posts in any civil service of the
\nState, or to such class or classes of civil posts under the State, or to such class or classes of posts under
\nthe control of any local authority within the State, as may be specified in the order;
\n(b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil
\nservice of the State, or to such class or classes of civil posts under the State, or to such class or classes
\nof posts under the control of any local authority within the State, as may be specified in the order;
\n(c) such other conditions of service of persons appointed, allotted or promoted to such class or
\nclasses of posts in any civil service of the State or to such class or classes of civil posts under the State
\nor to such class or classes of posts under the control of any local authority within the State, as may be
\nspecified in the order.
\n(4) An order made under clause (3) may\u2014
\n(a) authorise the Administrative Tribunal to receive representations for the redress of grievances
\nrelating to any matter within its jurisdiction as the President may specify in the order and to make such
\norders thereon as the Administrative Tribunal deems fit;
\n(b) contain such provisions with respect to the powers and authorities and procedure of the
\nAdministrative Tribunal (including provisions with respect to the powers of the Administrative
\nTribunal to punish for contempt of itself) as the President may deem necessary;<\/p>\n
1. Subs. by the Andhra Pradesh Reorganisation Act, 2014, s. 97, for \u201cthe State of Andhra Pradesh\u201d (w.e.f. 2-6-2014).
\n166
\n(c) provide for the transfer to the Administrative Tribunal of such classes of proceedings, being
\nproceedings relating to matters within its jurisdiction and pending before any court (other than the
\nSupreme Court) or tribunal or other authority immediately before the commencement of such order, as
\nmay be specified in the order;
\n(d) contain such supplemental, incidental and consequential provisions (including provisions as to
\nfees and as to limitation, evidence or for the application of any law for the time being in force subject
\nto any exceptions or modifications) as the President may deem necessary.
\n\uf02a
\n(5) The Order of the Administrative Tribunal finally disposing of any case shall become effective upon
\nits confirmation by the State Government or on the expiry of three months from the date on which the order
\nis made, whichever is earlier:
\nProvided that the State Government may, by special order made in writing and for reasons to be
\nspecified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and
\nin such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be
\nof no effect, as the case may be.
\n(6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as
\nsoon as may be after it is made, before both Houses of the State Legislature.
\n(7) The High Court for the State shall not have any powers of superintendence over the Administrative
\nTribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or
\nauthority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the
\nAdministrative Tribunal.
\n(8) If the President is satisfied that the continued existence of the Administrative Tribunal is not
\nnecessary, the President may by order abolish the Administrative Tribunal and make such provisions in
\nsuch order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately
\nbefore such abolition.
\n(9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,\u2014
\n(a) no appointment, posting, promotion or transfer of any person\u2014
\n(i) made before the 1st day of November, 1956, to any post under the Government of, or any
\nlocal authority within, the State of Hyderabad as it existed before that date; or
\n(ii) made before the commencement of the Constitution (Thirty-second Amendment) Act,
\n1973, to any post under the Government of, or any local or other authority within, the State of
\nAndhra Pradesh; and
\n(b) no action taken or thing done by or before any person referred to in sub-clause (a),
\nshall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the
\nappointment, posting, promotion or transfer of such person was not made in accordance with any law, then
\nin force, providing for any requirement as to residence within the State of Hyderabad or, as the case may
\nbe, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or
\ntransfer.
\n(10) The provisions of this article and of any order made by the President thereunder shall have effect
\nnotwithstanding anything in any other provision of this Constitution or in any other law for the time being
\nin force.<\/p>\n
\uf02a
\nIn P. Sambamurthy and Others Vs. State of Andhra Pradesh and Others, AIR 1987 SC 663, the Supreme Court declared cl. (5)
\nof art. 371D along with the proviso to be unconstitutional and void.
\n167
\n371E. Establishment of Central University in Andhra Pradesh.\u2014 Parliament may by law provide
\nfor the establishment of a University in the State of Andhra Pradesh.]
\n1
\n[371F. Special provisions with respect to the State of Sikkim.\u2014Notwithstanding anything in this
\nConstitution,\u2014
\n(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;
\n(b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975
\n(hereafter in this article referred to as the appointed day)\u2014
\n(i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974
\nwith thirty-two members elected in the said elections (hereinafter referred to as the sitting members)
\nshall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this
\nConstitution;
\n(ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the
\nState of Sikkim duly elected under this Constitution; and
\n(iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform
\nthe functions of the Legislative Assembly of a State under this Constitution;
\n(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under
\nclause (b), the references to the period of 2
\n[five years], in clause (1) of article 172 shall be construed as
\nreferences to a period of 3
\n[four years] and the said period of 3
\n[four years] shall be deemed to commence
\nfrom the appointed day;
\n(d) until other provisions are made by Parliament by law, there shall be allotted to the State of
\nSikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary
\nconstituency to be called the parliamentary constituency for Sikkim;
\n(e) the representative of the State of Sikkim in the House of the People in existence on the appointed
\nday shall be elected by the members of the Legislative Assembly of the State of Sikkim;
\n(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of
\nthe population of Sikkim make provision for the number of seats in the Legislative Assembly of the
\nState of Sikkim which may be filled by candidates belonging to such sections and for the delimitation
\nof the assembly constituencies from which candidates belonging to such sections alone may stand for
\nelection to the Legislative Assembly of the State of Sikkim;
\n(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable
\narrangement for ensuring the social and economic advancement of different sections of the population
\nof Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim
\nshall, subject to such directions as the President may, from time to time, deem fit to issue, act in his
\ndiscretion;
\n(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim)
\nwhich immediately before the appointed day were vested in the Government of Sikkim or in any other
\nauthority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day,
\nvest in the Government of the State of Sikkim;
\n(i) the High Court functioning as such immediately before the appointed day in the territories
\ncomprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court<\/p>\n
1. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 3 (w.e.f. 26-4-1975).
\n2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for \u201csix years\u201d (w.e.f. 6-9-1979). The words \u201csix years\u201d
\nwere subs. for the original words \u201cfive years\u201d by the Constitution (Forty-second Amendment) Act, 1976, s. 56 (w.e.f. 3-1-1977).
\n3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for \u201cfive years\u201d (w.e.f. 6-9-1979). The words \u201cfive years\u201d
\nwere subs. for the original words \u201cfour years\u201d by the Constitution (Forty-second Amendment) Act, 1976 by ibid.
\n168
\nfor the State of Sikkim;
\n(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive
\nand ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day
\nto exercise their respective functions subject to the provisions of this Constitution;
\n(k) all laws in force immediately before the appointed day in the territories comprised in the State
\nof Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a
\ncompetent Legislature or other competent authority;
\n(l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in
\nrelation to the administration of the State of Sikkim and for the purpose of bringing the provisions of
\nany such law into accord with the provisions of this Constitution, the President may, within two years
\nfrom the appointed day, by order, make such adaptations and modifications of the law, whether by way
\nof repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have
\neffect subject to the adaptations and modifications so made, and any such adaptation or modification
\nshall not be questioned in any court of law;
\n(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute
\nor other matter arising out of any treaty, agreement, engagement or other similar instrument relating to
\nSikkim which was entered into or executed before the appointed day and to which the Government of
\nIndia or any of its predecessor Governments was a party, but nothing in this clause shall be construed
\nto derogate from the provisions of article 143;
\n(n) the President may, by public notification, extend with such restrictions or modifications as he thinks
\nfit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;
\n(o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the
\nPresident may, by order1
\n, do anything (including any adaptation or modification of any other article)
\nwhich appears to him to be necessary for the purpose of removing that difficulty:
\nProvided that no such order shall be made after the expiry of two years from the appointed day;
\n(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories
\ncomprised therein during the period commencing on the appointed day and ending immediately before
\nthe date on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives the assent of the
\nPresident shall, in so far as they are in conformity with the provisions of this Constitution as amended
\nby the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been
\nvalidly done or taken under this Constitution as so amended.]
\n2
\n[371G. Special provision with respect to the State of Mizoram.\u2014Notwithstanding anything in this
\nConstitution,\u2014
\n(a) no Act of Parliament in respect of\u2014
\n(i) religious or social practices of the Mizos,
\n(ii) Mizo customary law and procedure,
\n(iii) administration of civil and criminal justice involving decisions according to Mizo
\ncustomary law,
\n(iv) ownership and transfer of land,
\nshall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution
\nso decides:<\/p>\n
1. See the Constitution (Removal of Difficulties) Order No. XI (C.O. 99).
\n2. Ins. by the Constitution (Fifty-third Amendment) Act, 1986, s. 2 (w.e.f. 20-2-1987).
\n169
\nProvided that nothing in this clause shall apply to any Central Act in force in the Union territory of
\nMizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;
\n(b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members.]
\n1
\n[371H. Special provision with respect to the State of Arunachal Pradesh.\u2014Notwithstanding
\nanything in this Constitution,\u2014
\n(a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and
\norder in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the
\nGovernor shall, after consulting the Council of Ministers, exercise his individual judgment as to the
\naction to be taken:
\nProvided that if any question arises whether any matter is or is not a matter as respects which the
\nGovernor is under this clause required to act in the exercise of his individual judgment, the decision of
\nthe Governor in his discretion shall be final, and the validity of anything done by the Governor shall not
\nbe called in question on the ground that he ought or ought not to have acted in the exercise of his individual
\njudgment:
\nProvided further that if the President on receipt of a report from the Governor or otherwise is
\nsatisfied that it is no longer necessary for the Governor to have special responsibility with respect to
\nlaw and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease
\nto have such responsibility with effect from such date as may be specified in the order;
\n(b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty
\nmembers.]
\n2
\n[371-I. Special provision with respect to the State of Goa.\u2014Notwithstanding anything in this
\nConstitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.]
\n3
\n[371J. Special provisions with respect to the State of Karnataka.\u2014 (1) The President may, by order
\nmade with respect to the State of Karnataka, provide for any special responsibility of the Governor for\u2014
\n(a) establishment of a separate development board for Hyderabad-Karnataka region with the
\nprovision that a report on the working of the board will be placed each year before the State Legislative
\nAssembly;
\n(b) equitable allocation of funds for developmental expenditure over the said region, subject to the
\nrequirements of the State as a whole; and
\n(c) equitable opportunities and facilities for the people belonging to the said region, in matters of
\npublic employment, education and vocational training, subject to the requirements of the State as a
\nwhole.
\n(2) An order made under sub- clause (c) of clause (1) may provide for\u2014
\n(a) reservation of a proportion of seats educational and vocational training institutions in the
\nHyderabad-Karnataka region for students who belong to that region by birth or by domicile; and
\n(b) identification of posts or classes of posts under the State Government and in any body or
\norganisation under the control of the State Government in the Hyderabad-Karnataka region and
\nreservation of a proportion of such posts for persons who belong to that region by birth or by domicile
\nand for appointment thereto by direct recruitment or by promotion or in any other manner as may be
\nspecified in the order.]
\n372. Continuance in force of existing laws and their adaptation.\u2014(1) Notwithstanding the repeal
\nby this Constitution of the enactments referred to in article 395 but subject to the other provisions of this<\/p>\n
1. Ins. by the Constitution (Fifty-fifth Amendment) Act, 1986, s. 2 (w.e.f. 20-2-1987).
\n2. Ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, s. 2 (w.e.f. 30-5-1987).
\n3. Ins. by the Constitution (Ninety-eighth Amendment) Act, 2012, s. 2 (w.e.f. 1-10-2013).
\n170
\nConstitution, all the law in force in the territory of India immediately before the commencement of this
\nConstitution shall continue in force therein until altered or repealed or amended by a competent Legislature
\nor other competent authority.
\n(2) For the purpose of bringing the provisions of any law in force in the territory of India into accord
\nwith the provisions of this Constitution, the President may by order 1 make such adaptations and
\nmodifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and
\nprovide that the law shall, as from such date as may be specified in the order, have effect subject to the
\nadaptations and modifications so made, and any such adaptation or modification shall not be questioned in
\nany court of law.
\n(3) Nothing in clause (2) shall be deemed\u2014
\n(a) to empower the President to make any adaptation or modification of any law after the expiration
\nof 2
\n[three years] from the commencement of this Constitution; or
\n(b) to prevent any competent Legislature or other competent authority from repealing or amending
\nany law adapted or modified by the President under the said clause.
\nExplanation I.\u2014The expression \u201claw in force\u201d in this article shall include a law passed or made by
\na Legislature or other competent authority in the territory of India before the commencement of this
\nConstitution and not previously repealed, notwithstanding that it or parts of it may not be then in
\noperation either at all or in particular areas.
\nExplanation II.\u2014Any law passed or made by a Legislature or other competent authority in the
\nterritory of India which immediately before the commencement of this Constitution had extra-territorial
\neffect as well as effect in the territory of India shall, subject to any such adaptations and modifications
\nas aforesaid, continue to have such extra-territorial effect.
\nExplanation III.\u2014Nothing in this article shall be construed as continuing any temporary law in
\nforce beyond the date fixed for its expiration or the date on which it would have expired if this
\nConstitution had not come into force.
\nExplanation IV.\u2014An Ordinance promulgated by the Governor of a Province under section 88 of
\nthe Government of India Act, 1935, and in force immediately before the commencement of this
\nConstitution shall, unless withdrawn by the Governor of the corresponding State earlier, cease to
\noperate at the expiration of six weeks from the first meeting after such commencement of the
\nLegislative Assembly of that State functioning under clause (1) of article 382, and nothing in this
\narticle shall be construed as continuing any such Ordinance in force beyond the said period.
\n3
\n[372A. Power of the President to adapt laws.\u2014(1) For the purposes of bringing the provisions of
\nany law in force in India or in any part thereof, immediately before the commencement of the Constitution
\n(Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that
\nAct, the President may by order4 made before the first day of November, 1957, make such adaptations and
\nmodifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and
\nprovide that the law shall, as from such date as may be specified in the order, have effect subject to the
\nadaptations and modifications so made, and any such adaptation or modification shall not be questioned in
\nany court of law.
\n(2) Nothing in clause (1) shall be deemed to prevent a competent Legislature or other competent<\/p>\n
1. See the Adaptation of Laws Order, 1950 dated the 26th January, 1950, Gazette of India, Extraordinary, p. 449, as amended by
\nnotification No. S.R.O. 115, dated the 5th June, 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 51, notification No.
\nS.R.O. 870, dated the 4th November, 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 903, notification No. S.R.O.
\n508, dated 4th April, 1951, Gazette of India, Extraordinary, Part II, Section 3, p. 287, notification No. S.R.O. 1140B, dated the
\n2
\nnd July, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 616\/1, and the Adaptation of the Travancore-Cochin Land
\nAcquisition Laws Order, 1952, dated the 20th November, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 923.
\n2. Subs. by the Constitution (First Amendment) Act, 1951, s. 12, for \u201ctwo years\u201d (w.e.f. 18-6-1951).
\n3. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 23 (w.e.f. 1-11-1956).
\n4. See the Adaptation of Laws Order of 1956 and 1957.
\n171
\nauthority from repealing or amending any law adapted or modified by the President under the said clause.]
\n373. Power of President to make order in respect of persons under preventive detention in certain
\ncases.\u2014Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one
\nyear from the commencement of this Constitution, whichever is earlier, the said article shall have effect
\nas if for any reference to Parliament in clauses (4) and (7) thereof there were substituted a reference to the
\nPresident and for any reference to any law made by Parliament in those clauses there were substituted a
\nreference to an order made by the President.
\n374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court
\nor before His Majesty in Council.\u2014(1) The Judges of the Federal Court holding office immediately before
\nthe commencement of this Constitution shall, unless they have elected otherwise, become on such
\ncommencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and
\nallowances and to such rights in respect of leave of absence and pension as are provided for under article
\n125 in respect of the Judges of the Supreme Court.
\n(2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the
\ncommencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall
\nhave jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court delivered
\nor made before the commencement of this Constitution shall have the same force and effect as if they had
\nbeen delivered or made by the Supreme Court.
\n(3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty
\nin Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any
\ncourt within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and any
\norder of His Majesty in Council made on any such appeal or petition after the commencement of this
\nConstitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court
\nin the exercise of the jurisdiction conferred on such Court by this Constitution.
\n(4) On and from the commencement of this Constitution the jurisdiction of the authority functioning as
\nthe Privy Council in a State specified in Part B of the First Schedule to entertain and dispose of appeals and
\npetitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all
\nappeals and other proceedings pending before the said authority at such commencement shall be transferred
\nto, and disposed of by, the Supreme Court.
\n(5) Further provision may be made by Parliament by law to give effect to the provisions of this article.
\n375. Courts, authorities and officers to continue to function subject to the provisions of the
\nConstitution.\u2014All courts of civil, criminal and revenue jurisdiction, all authorities and all officers,
\njudicial, executive and ministerial, throughout the territory of India, shall continue to exercise their
\nrespective functions subject to the provisions of this Constitution.
\n376. Provisions as to Judges of High Courts.\u2014(1) Notwithstanding anything in clause (2) of article
\n217, the Judges of a High Court in any Province holding office immediately before the commencement of
\nthis Constitution shall, unless they have elected otherwise, become on such commencement the Judges of
\nthe High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances
\nand to such rights in respect of leave of absence and pension as are provided for under article 221 in respect
\nof the Judges of such High Court. 1
\n[Any such Judge shall, notwithstanding that he is not a citizen of India,
\nbe eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any
\nother High Court.]
\n(2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of
\nthe First Schedule holding office immediately before the commencement of this Constitution shall, unless
\nthey have elected otherwise, become on such commencement the Judges of the High Court in the State so
\nspecified and shall, notwithstanding anything in clauses (1) and (2) of article 217 but subject to the proviso<\/p>\n
1. Added by the Constitution (First Amendment) Act, 1951, s. 13 (w.e.f. 18-6-1951).
\n172
\nto clause (1) of that article, continue to hold office until the expiration of such period as the President may by
\norder determine.
\n(3) In this article, the expression \u201cJudge\u201d does not include an acting Judge or an additional Judge.
\n377. Provisions as to Comptroller and Auditor-General of India.\u2014The Auditor-General of India
\nholding office immediately before the commencement of this Constitution shall, unless he has elected otherwise,
\nbecome on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled
\nto such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3)
\nof article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold
\noffice until the expiration of his term of office as determined under the provisions which were applicable to him
\nimmediately before such commencement.
\n378. Provisions as to Public Service Commissions.\u2014(1) The members of the Public Service
\nCommission for the Dominion of India holding office immediately before the commencement of this
\nConstitution shall, unless they have elected otherwise, become on such commencement the members of the
\nPublic Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article
\n316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their
\nterm of office as determined under the rules which were applicable immediately before such commencement
\nto such members.
\n(2) The Members of a Public Service Commission of a Province or of a Public Service Commission serving
\nthe needs of a group of Provinces holding office immediately before the commencement of this Constitution
\nshall, unless they have elected otherwise, become on such commencement the members of the Public Service
\nCommission for the corresponding State or the members of the Joint State Public Service Commission serving
\nthe needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and
\n(2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration
\nof their term of office as determined under the rules which were applicable immediately before such
\ncommencement to such members.
\n1
\n[378A. Special provision as to duration of Andhra Pradesh Legislative Assembly.\u2014
\nNotwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh
\nas constituted under the provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless
\nsooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no
\nlonger and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.]
\n379.\u2014391. Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-
\n1956).
\n392. Power of the President to remove difficulties.\u2014(1) The President may, for the purpose of
\nremoving any difficulties, particularly in relation to the transition from the provisions of the Government
\nof India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during
\nsuch period as may be specified in the order, have effect subject to such adaptations, whether by way of
\nmodification, addition or omission, as he may deem to be necessary or expedient:
\nProvided that no such order shall be made after the first meeting of Parliament duly constituted under
\nChapter II of Part V.
\n(2) Every order made under clause (1) shall be laid before Parliament.
\n(3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by
\narticle 391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the
\nDominion of India.<\/p>\n
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 24 (w.e.f. 1-11-1956).
\n173
\nPART XXII
\nSHORT TITLE, COMMENCEMENT, 1
\n[AUTHORITATIVE
\nTEXT IN HINDI] AND REPEALS
\n393. Short title.\u2014This Constitution may be called the Constitution of India.
\n394. Commencement.\u2014This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391,
\n392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come
\ninto force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the
\ncommencement of this Constitution.
\n2
\n[394A. Authoritative text in the Hindi language.\u2014(1) The President shall cause to be published
\nunder his authority,\u2014
\n(a) the translation of this Constitution in the Hindi language, signed by the members of the
\nConstituent Assembly, with such modifications as may be necessary to bring it in conformity with the
\nlanguage, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language,
\nand incorporating therein all the amendments of this Constitution made before such publication; and
\n(b) the translation in the Hindi language of every amendment of this Constitution made in the
\nEnglish language.
\n(2) The translation of this Constitution and of every amendment thereof published under clause (1) shall
\nbe construed to have the same meaning as the original thereof and if any difficulty arises in so construing
\nany part of such translation, the President shall cause the same to be revised suitably.
\n(3) The translation of this Constitution and of every amendment thereof published under this article
\nshall be deemed to be, for all purposes, the authoritative text thereof in the Hindi language.]
\n395. Repeals.\u2014The Indian Independence Act, 1947, and the Government of India Act, 1935, together
\nwith all enactments amending or supplementing the latter Act, but not including the Abolition of Privy
\nCouncil Jurisdiction Act, 1949, are hereby repealed.<\/p>\n
1. Ins. by the Constitution (Fifty-eighth Amendment) Act, 1987, s. 2 (w.e.f. 9-12-1987).
\n2. Ins. by s. 3, ibid.
\n174
\n1
\n[FIRST SCHEDULE
\n[Articles 1 and 4]
\nI. THE STATES
\nName Territories
\n1. Andhra Pradesh 2
\n[The territories specified in sub-section (1) of section 3 of the
\nAndhra State Act, 1953, sub-section (1) of section 3 of the States
\nReorganisation Act, 1956, the First Schedule to the Andhra
\nPradesh and Madras (Alteration of Boundaries) Act, 1959, and the
\nSchedule to the Andhra Pradesh and Mysore (Transfer of
\nTerritory) Act, 1968, but excluding the territories specified in the
\nSecond Schedule to the Andhra Pradesh and Madras (Alteration of
\nBoundaries) Act, 1959]
\n3
\n[and the territories specified in section
\n3 of the Andhra Pradesh Reorganisation Act, 2014].
\n2. Assam The territories which immediately before the commencement of
\nthis Constitution were comprised in the Province of Assam, the
\nKhasi States and the Assam Tribal Areas, but excluding the
\nterritories specified in the Schedule to the Assam (Alteration of
\nBoundaries) Act, 1951 4
\n[and the territories specified in sub-section
\n(1) of section 3 of the State of Nagaland Act, 1962]
\n5
\n[and the
\nterritories specified in sections 5, 6 and 7 of the North-Eastern
\nAreas (Reorganisation) Act, 1971]
\n6
\n[and the territories referred
\nto in Part I of the Second Schedule to the Constitution (One
\nHundredth Amendment) Act, 2015, notwithstanding anything
\ncontained in clause (a) of section 3 of the Constitution (Ninth
\nAmendment) Act, 1960, so far as it relates to the territories
\nreferred to in Part I of the Second Schedule to the Constitution
\n(One Hundredth Amendment) Act, 2015.]
\n3. Bihar 7
\n[The territories which immediately before the commencement
\nof this Constitution were either comprised in the Province of
\nBihar or were being administered as if they formed part of that
\nProvince and the territories specified in clause (a) of subsection (1) of section 3 of the Bihar and Uttar Pradesh
\n(Alteration of Boundaries) Act, 1968, but excluding the
\nterritories specified in sub-section (1) of section 3 of the Bihar
\nand West Bengal (Transfer of Territories) Act, 1956, and the
\nterritories specified in clause (b) of sub-section (1) of section 3
\nof the first mentioned Act 8
\n[and the territories specified in
\nsection 3 of the Bihar Reorganisation Act, 2000].]
\n9
\n[4. Gujarat The territories referred to in sub-section (1) of section 3 of the
\nBombay Reorganisation Act, 1960.]<\/p>\n
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for the First Sch.(w.e.f. 1-11-1956).
\n2. Subs. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968), s. 4, for the former entry (w.e.f.
\n1-10-1968).
\n3. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 10 (w.e.f. 2-6-2014).
\n4. Added by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).
\n5. Added by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
\n6. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-2015).
\n7. Subs. by the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968), s. 4, for former entry (w.e.f. 10-6-1970).
\n8. Ins. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-2000).
\n9. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
\n175
\nName
\n5. Kerala
\nTerritories
\nThe territories specified in sub-section (1) of section 5 of the
\nStates Reorganisation Act, 1956.
\n6. Madhya Pradesh The territories specified in sub-section (1) of section 9 of the
\nStates Reorganisation Act, 1956 1
\n[and the First Schedule to the
\nRajasthan and Madhya Pradesh (Transfer of Territories) Act,
\n1959],
\n2
\n[but excluding the territories specified in section 3 of the
\nMadhya Pradesh Reorganisation Act, 2000.]
\n3
\n[7. Tamil Nadu] The territories which immediately before the commencement of
\nthis Constitution were either comprised in the Province of
\nMadras or were being administered as if they formed part of that
\nProvince and the territories specified in section 4 of the States
\nReorganisation Act, 1956, 4
\n[and the Second Schedule to the
\nAndhra Pradesh and Madras (Alteration of Boundaries) Act,
\n1959], but excluding the territories specified in sub-section (1) of
\nsection 3 and sub-section (1) of section 4 of the Andhra State Act,
\n1953 5
\n[and the territories specified in clause (b) of sub-section
\n(1) of section 5, section 6 and clause (d) of sub-section (1) of
\nsection 7 of the States Reorganisation Act, 1956 and the
\nterritories specified in the First Schedule to the Andhra Pradesh
\nand Madras (Alteration of Boundaries) Act, 1959.]
\n6
\n[8. Maharashtra The territories specified in sub-section (1) of section 8 of the
\nStates Reorganisation Act, 1956, but excluding the territories
\nreferred to in sub-section (1) of section 3 of the Bombay
\nReorganisation Act, 1960.]
\n7
\n[
\n8
\n[9.] Karnataka] The territories specified in sub-section (1) of section 7 of the
\nStates Reorganisation Act, 1956 9
\n[but excluding the territory
\nspecified in the Schedule to the Andhra Pradesh and Mysore
\n(Transfer of Territory) Act, 1968.]
\n8
\n[10.]
\n10[Odisha] The territories which immediately before the commencement of
\nthis Constitution were either comprised in the Province of Orissa
\nor were being administered as if they formed part of that Province.
\n8
\n[11.] Punjab The territories specified in section 11 of the States
\nReorganisation Act, 1956 11[and the territories referred to in
\nPart II of the First Schedule to the Acquired Territories
\n(Merger) Act, 1960]
\n12 [but excluding the territories referred
\nto in Part II of the First Schedule to the Constitution (Ninth<\/p>\n
1. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of 1959), s. 4 (w.e.f. 1-10-1959).
\n2. Ins. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 5 (w.e.f. 1-11-2000).
\n3. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for \u201c7. Madras\u201d (w.e.f. 14-1-1969).
\n4. Ins. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 1959), s. 6 (w.e.f. 1-4-1960).
\n5. Subs. by ibid., for certain words.
\n6. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
\n7. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for \u201c9. Mysore\u201d (w.e.f. 1-11-1973).
\n8. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
\n9. Ins. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968), s. 4, (w.e.f. 1-10-1968).
\n10. Subs. by the Orissa (Alteration of Name) Act, 2011, s. 6, for \u201cOrissa\u201d (w.e.f. 1-11-2011).
\n11. Ins. by Acquired Territories (Merger) Act, 1960 (64 of 1960), s. 4 (w.e.f. 17-1-1961).
\n12. Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17-1-1961).
\n176
\nAmendment) Act, 1960]
\n1
\n[and the territories specified in subsection (1) of section 3, section 4 and sub-section (1) of section
\n5 of the Punjab Reorganisation Act, 1966.]
\n2
\n[12.] Rajasthan The territories specified in section 10 of the States
\nReorganisation Act, 1956 3
\n[but excluding the territories
\nspecified in the First Schedule to the Rajasthan and Madhya
\nPradesh (Transfer of Territories) Act, 1959].
\n2
\n[13.] Uttar Pradesh 4
\n[The territories which immediately before the commencement
\nof this Constitution were either comprised in the Province
\nknown as the United Provinces or were being administered as
\nif they formed part of that Province, the territories specified in
\nclause (b) of sub-section (1) of section 3 of the Bihar and Uttar
\nPradesh (Alteration of Boundaries) Act, 1968, and the
\nterritories specified in clause (b) of sub-section (1) of section 4
\nof the Haryana and Uttar Pradesh (Alteration of Boundaries)
\nAct, 1979, but excluding the territories specified in clause (a)
\nof sub-section (1) of section 3 of the Bihar and Uttar Pradesh
\n(Alteration of Boundaries) Act, 1968, 5
\n[and the territories
\nspecified in section 3 of the Uttar Pradesh Reorganisation Act,
\n2000] and the territories specified in clause (a) of sub-section
\n(1) of section 4 of the Haryana and Uttar Pradesh (Alteration of
\nBoundaries) Act, 1979.]
\n2
\n[14.] West Bengal The territories which immediately before the commencement of
\nthis Constitution were either comprised in the Province of West
\nBengal or were being administered as if they formed part of that
\nProvince and the territory of Chandernagore as defined in
\nclause (c) of section 2 of the Chandernagore (Merger) Act, 1954
\nand also the territories specified in sub-section (1) of section 3
\nof the Bihar and West Bengal (Transfer of Territories) Act,
\n1956 6
\n[and also the territories referred to in Part III of the First
\nSchedule but excluding the territories referred to in Part III of the
\nSecond Schedule to the Constitution (One Hundredth
\nAmendment) Act, 2015, notwithstanding anything contained in
\nclause (c) of section 3 of the Constitution (Ninth Amendment)
\nAct, 1960, so far as it relates to the territories referred to in Part
\nIII of the First Schedule and the territories referred to in Part III
\nof the Second Schedule to the Constitution (One Hundredth
\nAmendment) Act, 2015.]
\n2
\n[15.] Jammu and Kashmir The territory which immediately before the commencement of this
\nConstitution was comprised in the Indian State of Jammu and
\nKashmir.]<\/p>\n
1. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).
\n2. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4, (w.e.f. 1-5-1960).
\n3. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of 1959), s. 4 (w.e.f. 1-10-1959).
\n4. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979) s. 5, for the entry against \u201c13. Uttar
\nPradesh\u201d (w.e.f. 15-9-1983).
\n5. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).
\n6. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-2015).
\n177
\nName
\n1
\n[16. Nagaland
\nTerritories
\nThe territories specified in sub-section (1) of section 3 of the
\nState of Nagaland Act, 1962.]
\n2
\n[17. Haryana 3
\n[The territories specified in sub-section (1) of section 3 of the
\nPunjab Reorganisation Act, 1966 and the territories specified in
\nclause (a) of sub-section (1) of section 4 of the Haryana and
\nUttar Pradesh (Alteration of Boundaries) Act, 1979, but
\nexcluding the territories specified in clause (v) of sub-section
\n(1) of section 4 of that Act.]]
\n4
\n[18. Himachal Pradesh The territories which immediately before the commencement of
\nthis Constitution were being administered as if they were Chief
\nCommissioners\u2019 Provinces under the names of Himachal
\nPradesh and Bilaspur and the territories specified in sub-section
\n(1) of section 5 of the Punjab Reorganisation Act, 1966.]
\n5
\n[19. Manipur The territory which immediately before the commencement of
\nthis Constitution was being administered as if it were a Chief
\nCommissioner\u2019s Province under the name of Manipur.
\n20.Tripura The territory which immediately before the commencement of
\nthis Constitution was being administered as if it were a Chief
\nCommissioner\u2019s Province under the name of Tripura 6
\n[and the
\nterritories referred to in Part II of the First Schedule to the
\nConstitution (One Hundredth Amendment) Act, 2015,
\nnotwithstanding anything contained in clause (d) of section 3 of
\nthe Constitution (Ninth Amendment) Act, 1960, so far as it
\nrelates to the territories referred to in Part II of the First
\nSchedule to the Constitution (One Hundredth Amendment) Act,
\n2015.]
\n21. Meghalaya The territories specified in section 5 of the North-Eastern Areas
\n(Reorganisation) Act, 1971]
\n6
\n[and the territories referred to in Part
\nI of the First Schedule but excluding the territories referred to in
\nPart II of the Second Schedule to the Constitution (One
\nHundredth Amendment) Act, 2015.]
\n7
\n[22. Sikkim The territories which immediately before the commencement of
\nthe Constitution (Thirty-sixth Amendment) Act, 1975, were
\ncomprised in Sikkim.]
\n8
\n[23. Mizoram The territories specified in section 6 of the North-Eastern Areas
\n(Reorganisation) Act, 1971.]<\/p>\n
1. Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).
\n2. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966) and the entry therein subsequently amended
\nby Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979), s. 5 (w.e.f. 15-9-1983).
\n3. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979), s. 5, for the entry against \u201c17.
\nHaryana\u201d (w.e.f. 15-9-1983).
\n4. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971).
\n5. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
\n6. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-2015).
\n7. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 2 (w.e.f. 26-4-1975).
\n8. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20-2-1987).
\n178
\n1
\n[24. Arunachal Pradesh The territories specified in section 7 of the North-Eastern Areas
\n(Reorganisation) Act, 1971.]
\n2
\n[25. Goa The territories specified in section 3 of the Goa, Daman and
\nDiu Reorganisation Act, 1987.]
\n3
\n[26. Chhattisgarh The territories specified in section 3 of the Madhya Pradesh
\nReorganisation Act, 2000.]
\n4
\n[27. 5
\n[Uttarakhand] The territories specified in section 3 of the Uttar Pradesh
\nReorganisation Act, 2000.]
\n6
\n[28. Jharkhand The territories specified in section 3 of the Bihar Reorganisation
\nAct, 2000.]
\n7
\n[29. Telangana The territories specified in section 3 of the Andhra Pradesh
\nReorganisation Act, 2014.]<\/p>\n
1. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987).
\n2. Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 5 (w.e.f. 30-5-1987).
\n3. Ins. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 5 (w.e.f. 1-11-2000).
\n4. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).
\n5. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 4, for the word \u201cUttaranchal\u201d (w.e.f. 1-1-2007).
\n6. Ins. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-2000).
\n7. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 10 (w.e.f. 2-6-2014).
\n179
\nII. THE UNION TERRITORIES<\/p>\n
1. Entry 2 relating to \u201cHimachal Pradesh\u201d omitted and entries 3 to 10 re-numbered as entries 2 to 9 respectively by the State of
\nHimachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971).
\n2. Entries relating to Manipur and Tripura (i.e. entries 2 and 3) omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81
\nof 1971), s. 9 (w.e.f. 21-1-1972).
\n3. Entries 4 to 9 renumbered as entries 2 to 7 respectively by ibid.
\n4. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), s. 5, for \u201cThe Laccadive,
\nMinicoy and Amindivi Islands\u201d (w.e.f. 1-11-1973).
\n5. Ins. by the Constitution (Tenth Amendment ) Act, 1961, s. 2 (w.e.f. 11-8-1961).
\n6. Subs. by the Goa, Daman and Diu (Reorganisation) Act, 1987 (18 of 1987), s. 5, for entry 5 (w.e.f. 30-5-1987).
\n7. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 3 (w.e.f. 16-8-1962).
\n8. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 5, for the word \u201cPondicherry\u201d (w.e.f. 1-10-2006).
\n9. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).
\n10. Entry 8 relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of 1986), s. 4 and entry 9 relating to Arunachal
\nPradesh renumbered as entry 8 (w.e.f. 20-2-1987) and entry 8 relating to Arunachal Pradesh omitted by the State of Arunachal
\nPradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987).
\nName Extent
\n1. Delhi The territory which immediately before the commencement of
\nthis Constitution was comprised in the Chief Commissioner\u2019s
\nProvince of Delhi.
\n1
\n[* * * * *]
\n2
\n[* * * * *]
\n3
\n[2.] The Andaman and
\nNicobar Islands
\nThe territory which immediately before the commencement of
\nthis Constitution was comprised in the Chief Commissioner\u2019s
\nProvince of the Andaman and Nicobar Islands.
\n3
\n[3.]
\n4
\n[Lakshadweep] The territory specified in section 6 of the States
\nReorganisation Act, 1956.
\n5
\n[
\n3
\n[4.] Dadra and Nagar
\nHaveli
\nThe territory which immediately before the eleventh day
\nofAugust, 1961 was comprised in Free Dadra and Nagar
\nHaveli.]
\n6
\n[
\n3
\n[5.] Daman and Diu The territories specified in section 4 of the Goa, Daman and
\nDiu Reorganisation Act, 1987.]
\n7
\n[
\n3
\n[6.]
\n8
\n[Puducherry] The territories which immediately before the sixteenth day
\nof August, 1962, were comprised in the French
\nEstablishments in India known as Pondicherry, Karikal,
\nMahe and Yanam.]
\n9
\n[
\n3
\n[7.] Chandigarh The territories specified in section 4 of the Punjab
\nReorganisation Act, 1966.]
\n10[*
\n10[*
\n* * * *]
\n* * * *]
\n180
\nSECOND SCHEDULE
\n[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221]
\nPART A
\nPROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES 1***
\n1. There shall be paid to the President and to the Governors of the States 1*** the following emoluments
\nper mensem, that is to say:\u2014
\nThe President \u2026\u2026 10,000 rupees*.
\nThe Governor of a State \u2026\u2026 5,500 rupees**.
\n2.There shall also be paid to the President and to the Governors of the States 2*** such allowances as
\nwere payable respectively to the Governor-General of the Dominion of India and to the Governors of the
\ncorresponding Provinces immediately before the commencement of this Constitution.
\n3. The President and the Governors of 3
\n[the States] throughout their respective terms of office shall be
\nentitled to the same privileges to which the Governor-General and the Governors of the corresponding Provinces
\nwere respectively entitled immediately before the commencement of this Constitution.
\n4.While the Vice-President or any other person is discharging the functions of, or is acting as, President,
\nor any person is discharging the functions of the Governor, he shall be entitled to the same emoluments,
\nallowances and privileges as the President or the Governor whose functions he discharges or for whom he
\nacts, as the case may be.
\n4* * * * *
\nPART C
\nPROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE OF THE PEOPLE AND THE
\nCHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COUNCIL OF STATES AND THE SPEAKER AND THE
\nDEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY 5*** AND THE CHAIRMAN AND THE DEPUTY
\nCHAIRMAN OF THE LEGISLATIVE COUNCIL OF 6
\n[A STATE]
\n7. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of
\nStates such salaries and allowances as were payable to the Speaker of the Constituent Assembly of the
\nDominion of India immediately before the commencement of this Constitution, and there shall be paid to
\nthe Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such
\nsalaries and allowances as were payable to the Deputy Speaker of the Constituent Assembly of the
\nDominion of India immediately before such commencement.
\n8. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly 7*** and to
\nthe Chairman and the Deputy Chairman of the Legislative Council of 8
\n[a State] such salaries and allowances<\/p>\n
1. The words and letter \u201cspecified in Part A of the First Schedule\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s.
\n29 and Sch. (w.e.f. 1-11-1956).
\n* Now five lakh rupees, vide the Finance Act, 2018 (13 of 2018), s. 137 (w.e.f. 1-1-2016).
\n** Now three lakh fifty thousand rupees by s. 161, ibid.
\n2. The word \u201cso specified\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n3. Subs. by ibid., for \u201csuch states\u201d.
\n4. Part B omitted by ibid.
\n5. The words and letter \u201cOF A STATE IN PART A OF THE FIRST SCHEDULE\u201d omitted by ibid.
\n6. Subs. by ibid., for \u201cANY SUCH STATE\u201d.
\n7. The words and letter \u201cof a State specified in Part A of the First Schedule\u201d omitted by ibid.
\n8. Subs. by ibid., for \u201csuch State\u201d.
\n181
\nas were payable respectively to the Speaker and the Deputy Speaker of the Legislative Assembly and the
\nPresident and the Deputy President of the Legislative Council of the corresponding Province immediately
\nbefore the commencement of this Constitution and, where the corresponding Province had no Legislative
\nCouncil immediately before such commencement, there shall be paid to the Chairman and the Deputy
\nChairman of the Legislative Council of the State such salaries and allowances as the Governor of the State
\nmay determine.
\nPART D
\nPROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE
\nHIGH COURTS 1***
\n9. 2
\n[(1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary
\nat the following rates per mensem, that is to say:\u2014
\nThe Chief Justice ..
\n3
\n[10,000 rupees.]*
\nAny other Judge ..
\n4
\n[9,000 rupees.] **
\nProvided that if a Judge of the Supreme Court at the time of his appointment is in receipt of a pension
\n(other than a disability or wound pension) in respect of any previous service under the Government of India
\nor any of its predecessor Governments or under the Government of a State or any of its predecessor
\nGovernments, his salary in respect of service in the Supreme Court 5
\n[shall be reduced\u2014
\n(a) by the amount of that pension, and
\n(b) if he has, before such appointment, received in lieu of a portion of the pension due to him in
\nrespect of such previous service the commuted value thereof, by the amount of that portion of the
\npension, and
\n(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service,
\nby the pension equivalent of that gratuity].
\n(2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official
\nresidence.
\n(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who, immediately before the
\ncommencement of this Constitution,\u2014
\n(a) was holding office as the Chief Justice of the Federal Court and has become on such
\ncommencement the Chief Justice of the Supreme Court under clause (1) of article 374, or
\n(b) was holding office as any other Judge of the Federal Court and has on such commencement
\nbecome a Judge (other than the Chief Justice) of the Supreme Court under the said clause,
\nduring the period he holds office as such Chief Justice or other Judge, and every Judge who so becomes
\nthe Chief Justice or other Judge of the Supreme Court shall, in respect of time spent on actual service as<\/p>\n
1. The words and letter \u201cIN STATES IN PART A OF THE FIRST SCHEDULE\u201d omitted by the Constitution (Seventh Amendment)
\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Subs. by ibid., s. 25, for sub-paragraph (1).
\n3. Subs. by the Constitution (Fifty-Fourth Amendment) Act, 1986, s .4, for \u201c5,000 Rupees\u201d to \u201c10,000 Rupees\u201d (w.e.f. 1-4-1986).
\n* Now two lakh eighty thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service)
\nAmendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 22-9-2017).
\n4. Subs. by the Constitution (Fifty-Fourth Amendment) Act, 1986, s. 4, for \u201c4,000 Rupees\u201d to \u201c9,000 Rupees\u201d (w.e.f. 1-4-1986).
\n** Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service)
\nAmendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 22-9-2017).
\n5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for \u201cshall be reduced by the amount of that pension\u201d (w.e.f.
\n1-11-1956).
\n182
\nsuch Chief Justice or other Judge, as the case may be, be entitled to receive in addition to the salary
\nspecified in sub-paragraph (1) of this paragraph as special pay an amount equivalent to the difference
\nbetween the salary so specified and the salary which he was drawing immediately before such
\ncommencement.
\n(4) Every Judge of the Supreme Court shall receive such reasonable allowances to reimburse him for
\nexpenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable
\nfacilities in connection with travelling as the President may from time to time prescribe.
\n(5) The rights in respect of leave of absence (including leave allowances) and pension of the Judges of
\nthe Supreme Court shall be governed by the provisions which, immediately before the commencement of
\nthis Constitution, were applicable to the Judges of the Federal Court.
\n10. 1
\n[(1) There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary
\nat the following rates per mensem, that is to say,\u2014
\nThe Chief Justice .. 2
\n[9,000 rupees.]*
\nAny other Judge ..
\n3
\n[8,000 rupees.]**
\nProvided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than
\na disability or wound pension) in respect of any previous service under the Government of India or any of its
\npredecessor Governments or under the Government of a State or any of its predecessor Governments, his salary
\nin respect of service in the High Court shall be reduced\u2014
\n(a) by the amount of that pension, and
\n(b) if he has, before such appointment, received in lieu of a portion of the pension due to him in
\nrespect of such previous service the commuted value thereof, by the amount of that portion of the
\npension, and
\n(c) if he has, before such appointment, received a retirement gratuity in respect of such previous
\nservice, by the pension equivalent of that gratuity.]
\n(2) Every person who immediately before the commencement of this Constitution\u2014
\n(a) was holding office as the Chief Justice of a High Court in any Province and has on such
\ncommencement become the Chief Justice of the High Court in the corresponding State under clause (1)
\nof article 376, or
\n(b) was holding office as any other Judge of a High Court in any Province and has on such
\ncommencement become a Judge (other than the Chief Justice) of the High Court in the corresponding State
\nunder the said clause,
\nshall, if he was immediately before such commencement drawing a salary at a rate higher than that specified
\nin sub-paragraph (1) of this paragraph, be entitled to receive in respect of time spent on actual service as
\nsuch Chief Justice or other Judge, as the case may be, in addition to the salary specified in the said subparagraph as special pay an amount equivalent to the difference between the salary so specified and the
\nsalary which he was drawing immediately before such commencement.
\n4
\n[(3) Any person who, immediately before the commencement of the Constitution (Seventh
\nAmendment) Act, 1956, was holding office as the Chief Justice of the High Court of a State specified in<\/p>\n
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for sub-paragraph (1).
\n2. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for \u201c4,000 rupees\u201d (w.e.f. 1-4-1986).
\n* Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service)
\nAmendment Act, 2018 (10 of 2018), s. 2 (w.e.f. 22-9-2017).
\n3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for \u201c3,500 rupees\u201d (w.e.f. 1-4-1986).
\n** Now two lakh twenty-five thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of
\nService) Amendment Act, 2018 (10 of 2018), s. 2 (w.e.f. 22-9-2017).
\n4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for sub-paragraphs (3) and (4) (w.e.f. 1-11-1956).
\n183
\nPart B of the First Schedule and has on such commencement become the Chief Justice of the High Court
\nof a State specified in the said Schedule as amended by the said Act, shall, if he was immediately before
\nsuch commencement drawing any amount as allowance in addition to his salary, be entitled to receive in
\nrespect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to
\nthe salary specified in sub-paragraph (1) of this paragraph.]
\n11. In this Part, unless the context otherwise requires,\u2014
\n(a) the expression \u201cChief Justice\u201d includes an acting Chief Justice, and a \u201cJudge\u201d includes an ad
\nhoc Judge;
\n(b) \u201cactual service\u201d includes\u2014
\n(i) time spent by a Judge on duty as a Judge or in the performance of such other functions as
\nhe may at the request of the President undertake to discharge;
\n(ii) vacations, excluding any time during which the Judge is absent on leave; and
\n(iii) joining time on transfer from a High Court to the Supreme Court or from one High Court
\nto another.
\nPART E
\nPROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA
\n12. (1) There shall be paid to the Comptroller and Auditor-General of India a salary at the rate of *four
\nthousand rupees per mensem.
\n(2) The person who was holding office immediately before the commencement of this Constitution as
\nAuditor-General of India and has become on such commencement the Comptroller and Auditor-General of
\nIndia under article 377 shall in addition to the salary specified in sub-paragraph (1) of this paragraph be
\nentitled to receive as special pay an amount equivalent to the difference between the salary so specified and
\nthe salary which he was drawing as Auditor-General of India immediately before such commencement.
\n(3) The rights in respect of leave of absence and pension and the other conditions of service of the
\nComptroller and Auditor-General of India shall be governed or shall continue to be governed, as the case may
\nbe, by the provisions which were applicable to the Auditor-General of India immediately before the
\ncommencement of this Constitution and all references in those provisions to the Governor-General shall be
\nconstrued as references to the President.<\/p>\n
* The Comptroller and Auditor-General of India shall be paid a salary equal to the salary of the Judges of the Supreme
\nCourt vide s. 3 of the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971).
\nThe salary of Judges of the Supreme Court has been raised to two lakh fifty thousand rupees per mensem by the High
\nCourt and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 22-9-
\n2017).
\nTHIRD SCHEDULE
\n[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]\uf02a
\nForms of Oaths or Affirmations
\nI
\nForm of oath of office for a Minister for the Union:\u2014
\n\u201cI, A. B., do swear in the name of God that I will bear true faith
\nsolemnly affirm
\nand allegiance to the Constitution of India as by law established, 1
\n[that I will uphold the sovereignty
\nand integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for
\nthe Union and that I will do right to all manner of people in accordance with the Constitution and the
\nlaw, without fear or favour, affection or ill-will.\u201d
\nII
\nForm of oath of secrecy for a Minister for the Union:\u2014
\n\u201cI, A.B., do swear in the name of God that I will not directly or
\nsolemnly affirm
\nindirectly communicate or reveal to any person or persons any matter which shall be brought under my
\nconsideration or shall become known to me as a Minister for the Union except as may be required for
\nthe due discharge of my duties as such Minister.\u201d
\n2
\n[III
\nA
\nForm of oath or affirmation to be made by a candidate for election to Parliament:\u2014
\n\u201cI, A.B., having been nominated as a candidate to fill a seat in the Council of States (or the House
\nof the People) do swear in the name of God
\nsolemnly affirm
\nthat I will bear true faith and allegiance to the Constitution of India as by law established and that I
\nwill uphold the sovereignty and integrity of India.\u201d
\nB
\nForm of oath or affirmation to be made by a member of Parliament:\u2014
\n\u201cI, A.B., having been elected (or nominated) a member of the Council of States (or the House of the
\nPeople) do swear in the name of God
\nsolemnly affirm
\nthat I will bear true faith and allegiance to the Constitution of India as by law established, that I will
\nuphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I
\nam about to enter.\u201d]<\/p>\n
\uf02a See also arts. 84 (a) and 173 (a).
\n1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
\n2. Subs. by ibid., for Form III.
\n185
\nIV
\nForm of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and
\nAuditor-General of India:\u2014
\n\u201cI, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or
\nComptroller and Auditor-General of India) do swear in the name of God that I will bear true
\n. solemnly affirm
\nfaith and allegiance to the Constitution of India as by law established, 1
\n[that I will uphold the
\nsovereignty and integrity of India,] that I will duly and faithfully and to the best of my ability,
\nknowledge and judgment perform the duties of my office without fear or favour, affection or ill-will
\nand that I will uphold the Constitution and the laws.\u201d
\nV
\nForm of oath of office for a Minister for a State:\u2014
\n\u201cI, A.B., do swear in the name of God that I will bear true faith and allegiance to the Constitution
\nsolemnly affirm
\nof India as by law established, 1
\n[that I will uphold the sovereignty and integrity of India,] that I will
\nfaithfully and conscientiously discharge my duties as a Minister for the State of ……….and that I will
\ndo right to all manner of people in accordance with the Constitution and the law without fear or favour,
\naffection or ill-will.\u201d
\nVI
\nForm of oath of secrecy for a Minister for a State:\u2014
\n\u201cI, A.B., do swear in the name of God that I will not directly or indirectly communicate or reveal
\nsolemnly affirm
\nto any person or persons any matter which shall be brought under my consideration or shall become
\nknown to me as a Minister for the State of ………………..except as may be required for the due discharge
\nof my duties as such Minister.\u201d
\n2
\n[VII
\nA
\nForm of oath or affirmation to be made by a candidate for election to the Legislature of a State:\u2014
\n\u201cI, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly
\n(or Legislative Council), do swear in the name of God that I will bear true faith and allegiance
\n. solemnly affirm
\nto the Constitution of India as by law established and that I will uphold the sovereignty and integrity
\nof India.\u201d
\nB
\nForm of oath or affirmation to be made by a member of the Legislature of a State:\u2014
\n\u201cI, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative
\nCouncil), do swear in the name of God that I will bear true faith and allegiance to the Constitution
\nsolemnly affirm
\nof India as by law established, that I will uphold the sovereignty and integrity of India and that I will
\nfaithfully discharge the duty upon which I am about to enter.\u201d]<\/p>\n
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
\n2. Subs. by ibid., for form VII.
\n186
\nVIII
\nForm of oath or affirmation to be made by the Judges of a High Court:\u2014
\n\u201cI, A.B., having been appointed Chief Justice (or a Judge) of the High Court at (or of) \u2026\u2026\u2026.\u2026..
\ndo swear in the name of God that I will bear true faith and allegiance to the Constitution of India as
\nsolemnly affirm
\nby law established, 1
\n[that I will uphold the sovereignty and integrity of India,] that I will duly and
\nfaithfully and to the best of my ability, knowledge and judgment perform the duties of my office without
\nfear or favour, affection or ill-will and that I will uphold the Constitution and the laws.\u201d<\/p>\n
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
\n187
\n1
\n[FOURTH SCHEDULE
\n[Articles 4(1) and 80(2)]
\nAllocation of seats in the Council of States
\nTo each State or Union territory specified in the first column of the following table, there shall be
\nallotted the number of seats specified in the second column thereof opposite to that State or that Union
\nterritory, as the case may be:
\nTABLE
\n1. Andhra Pradesh ………………………………………
\n2
\n[11]
\n3
\n[2. Telangana ……………………………………………… 7]
\n4
\n[3.] Assam …………………………………………………… 7
\n4
\n[4.] Bihar ……………………………………………………..
\n5
\n[16]
\n6
\n[
\n4
\n[5.] Jharkhand ……………………………………………… 6]
\n7
\n[
\n8
\n[
\n4
\n[6.] Goa ………………………………………………………. 1]
\n9
\n[
\n8
\n[
\n4
\n[7.] Gujarat ………………………………………………….. 11]
\n10[
\n8
\n[
\n4
\n[8.] Haryana ………………………………………………… 5]<\/p>\n
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 3, for the Fourth Schedule (w.e.f. 1-11-1956).
\n2. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 12, for \u201c18\u201d (w.e.f. 2-6-2014).
\n3. Ins. by ibid.
\n4. Entries 2 to 30 renumbered as entries 3 to 31 respectively by ibid.
\n5. Subs. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7, for \u201c22\u201d (w.e.f. 15-11-2000).
\n6. Ins. by ibid.
\n7. Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6 (w.e.f. 30-5-1987).
\n8. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7 (w.e.f. 15-11-2000).
\n9. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6, for entry \u201c4\u201d (w.e.f. 1-5-1960).
\n10. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 (w.e.f. 1-11-1966).
\n188
\n1
\n[
\n2
\n[9.] Kerala …………………………………………………… 9
\n1
\n[
\n2
\n[10.] Madhya Pradesh ……………………………………..
\n3
\n[11]
\n4
\n[
\n1
\n[
\n2
\n[11.] Chhattisgarh ………………………………………….. 5
\n5
\n[
\n1
\n[
\n2
\n[12.] Tamil Nadu …………………………………………….
\n6
\n[18]
\n7
\n[
\n1
\n[
\n2
\n[13.] Maharashtra …………………………………………… 19
\n8
\n[
\n1
\n[
\n2
\n[14.] Karnataka ……………………………………………… 12
\n1
\n[
\n2
\n[15.] 9
\n[Odisha] ………………………………………………. 10
\n1
\n[
\n2
\n[16.] Punjab ……………………………………………………
\n10[7]
\n1
\n[
\n2
\n[17.] Rajasthan ………………………………………………. 10
\n1
\n[
\n2
\n[18.] Uttar Pradesh ………………………………………….
\n11[31]
\n12[
\n1
\n[
\n2
\n[19.] 13[Uttarakhand ……………………………………….. 3]
\n1
\n[
\n2
\n[20.] West Bengal ………………………………………….. 16
\n1
\n[
\n2
\n[21.] Jammu and Kashmir ……………………………….. 4
\n14
\n[
\n1
\n[
\n2
\n[22.] Nagaland ………………………………………………. 1]<\/p>\n
1. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7 (w.e.f. 15-11-2000).
\n2. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 12
\n(w.e.f. 2-6-2014).
\n3. Subs. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 7, for \u201c16\u201d (w.e.f. 1-11-2000).
\n4. Ins. by ibid.
\n5. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for \u201c8. Madras\u201d (re-numbered as *11) (w.e.f. 14-
\n1-1969).
\n6. Subs. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 1959), s. 8, for \u201c17\u201d (w.e.f. 1-4-1960).
\n7. Ins. by the Bombay Reorgansiation Act, 1960 (11 of 1960), s. 6 (w.e.f. 1-5-1960).
\n8. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for \u201c10. Mysore\u201d (re-numbered as \u201c13\u201d) (w.e.f. 1-
\n11-1973).
\n9. Subs. by the Orissa (Alteration of Name) Act, 2011, s. 7, for \u201cOrissa\u201d (w.e.f. 1-11-2011).
\n10. Subs. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9, for \u201c11\u201d(w.e.f. 1-11-1966).
\n11. Subs. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 7, for \u201c34\u201d (w.e.f. 9-11-2000).
\n12. Ins. by ibid.
\n13. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 41, for \u201cUttaranchal\u201d (w.e.f. 1-1-2007).
\n14. Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 6 (w.e.f. 1-12-1963).
\n189
\n1
\n[
\n2
\n[
\n3
\n[23.] Himachal Pradesh …………………………………… 3]
\n3
\n[
\n2
\n[24.] Manipur ………………………………………………… 1]
\n3
\n[
\n2
\n[25.] Tripura ………………………………………………….. 1
\n3
\n[
\n2
\n[26.] Meghalaya …………………………………………….. 1
\n4
\n[
\n3
\n[
\n2
\n[27.]] Sikkim ………………………………………………….. 1]
\n5
\n[
\n3
\n[
\n2
\n[28.] Mizoram ……………………………………………….. 1]
\n6
\n[
\n1
\n[
\n3
\n[29.] Arunachal Pradesh …………………………………. 1]
\n3
\n[
\n2
\n[30.] Delhi …………………………………………………….. 3
\n3
\n[
\n2
\n[31.] 7
\n[Puducherry] ………………………………………… 1<\/p>\n
Total 8
\n[233]<\/p>\n
1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 5 (w.e.f. 25-1-1971).
\n2. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7 (w.e.f. 15-11-2000).
\n3. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 12
\n(w.e.f. 2-6-2014).
\n4. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 4 (w.e.f. 26-4-1975).
\n5. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 5 (w.e.f. 20-2-1987).
\n6. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 5 (w.e.f. 20-2-1987).
\n7. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for \u201cPondicherry\u201d (w.e.f. 1-10-2006).
\n8. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6, for \u201c232\u201d (w.e.f. 30-5-1987).
\n190
\nFIFTH SCHEDULE
\n[Article 244(1)]
\nProvisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes
\nPART A
\nGENERAL
\n1. Interpretation.\u2014In this Schedule, unless the context otherwise requires, the expression \u201cState\u201d 1***
\ndoes not include the 2
\n[States of Assam, 3
\n[,
\n4
\n[Meghalaya, Tripura and Mizoram.]]]
\n2. Executive power of a State in Scheduled Areas.\u2014Subject to the provisions of this Schedule, the
\nexecutive power of a State extends to the Scheduled Areas therein.
\n3. Report by the Governor 5 *** to the President regarding the administration of Scheduled
\nAreas.\u2014The Governor 5*** of each State having Scheduled Areas therein shall annually, or whenever so
\nrequired by the President, make a report to the President regarding the administration of the Scheduled Areas
\nin that State and the executive power of the Union shall extend to the giving of directions to the State as to the
\nadministration of the said areas.
\nPART B
\nADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND
\nSCHEDULED TRIBES
\n4. Tribes Advisory Council.\u2014(1) There shall be established in each State having Scheduled Areas
\ntherein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas
\ntherein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may
\nbe, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the
\nState:
\nProvided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of
\nthe State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives,
\nthe remaining seats shall be filled by other members of those tribes.
\n(2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare
\nand advancement of the Scheduled Tribes in the State as may be referred to them by the Governor 6***.
\n(3) The Governor 5*** may make rules prescribing or regulating, as the case may be,\u2014
\n(a) the number of members of the Council, the mode of their appointment and the appointment of
\nthe Chairman of the Council and of the officers and servants thereof;
\n(b) the conduct of its meetings and its procedure in general; and
\n(c) all other incidental matters.<\/p>\n
1. The words and letters \u201cmeans a State specified in Part A or Part B of the First Schedule but\u201d omitted by the Constitution
\n(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for \u201cState of Assam\u201d (w.e.f. 21-1-1972).
\n3. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 3 for \u201cand Meghalaya\u201d (w.e.f. 1-4-1985).
\n4. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for \u201cMeghalaya and Tripura\u201d (w.e.f. 20-2-1987).
\n5. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n6. The words \u201cor Rajpramukh, as the case may be\u201d omitted by ibid.
\n191
\n5. Law applicable to Scheduled Areas.\u2014(1) Notwithstanding anything in this Constitution, the
\nGovernor1*** may by public notification direct that any particular Act of Parliament or of the Legislature
\nof the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled
\nArea or any part thereof in the State subject to such exceptions and modifications as he may specify in the
\nnotification and any direction given under this sub-paragraph may be given so as to have retrospective
\neffect.
\n(2) The Governor1*** may make regulations for the peace and good government of any area in a State
\nwhich is for the time being a Scheduled Area.
\nIn particular and without prejudice to the generality of the foregoing power, such regulations may\u2014
\n(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such
\narea;
\n(b) regulate the allotment of land to members of the Scheduled Tribes in such area;
\n(c) regulate the carrying on of business as money-lender by persons who lend money to members
\nof the Scheduled Tribes in such area.
\n(3) In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the Governor
\n1*** may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which
\nis for the time being applicable to the area in question.
\n(4) All regulations made under this paragraph shall be submitted forthwith to the President and, until
\nassented to by him, shall have no effect.
\n(5) No regulation shall be made under this paragraph unless the Governor 2*** making the regulation
\nhas, in the case where there is a Tribes Advisory Council for the State, consulted such Council.
\nPART C
\nSCHEDULED AREAS
\n6. Scheduled Areas.\u2014(1) In this Constitution, the expression \u201cScheduled Areas\u201d means such areas as
\nthe President may by order3 declare to be Scheduled Areas.
\n(2) The President may at any time by order4\u2014
\n(a) direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled
\nArea or a part of such an area;
\n5
\n[(aa) increase the area of any Scheduled Area in a State after consultation with the Governor of
\nthat State;
\n(b) alter, but only by way of rectification of boundaries, any Scheduled Area;<\/p>\n
1. The words \u201cor Rajpramukh\u201d omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n2. The words \u201cor the Rajpramukh\u201d omitted by ibid.
\n3. See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9), the Scheduled Areas (Part B States) Order, 1950 (C.O. 26), the
\nScheduled Areas (Himachal Pradesh) Order, 1975 (C.O. 102) and the Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh
\nand Orissa) Order, 1977 (C.O. 109).
\n4. See the Madras Scheduled Areas (Cessor) Order, 1950 (C.O. 30) and the Andhra Scheduled Areas (Cessor) Order, 1955 (C.O.
\n50).
\n5. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976), s. 2 (w.e.f. 7-9-1976).
\n192
\n(c) on any alteration of the boundaries of a State or on the admission into the Union or the
\nestablishment of a new State, declare any territory not previously included in any State to be, or to form
\npart of, a Scheduled Area;
\n1
\n[(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and
\nin consultation with the Governor of the State concerned, make fresh orders redefining the areas which
\nare to be Scheduled Areas;]
\nand any such order may contain such incidental and consequential provisions as appear to the President to
\nbe necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph
\nshall not be varied by any subsequent order.
\nPART D
\nAMENDMENT OF THE SCHEDULE
\n7. Amendment of the Schedule.\u2014(1) Parliament may from time to time by law amend by way of
\naddition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended,
\nany reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so
\namended.
\n(2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an
\namendment of this Constitution for the purposes of article 368.<\/p>\n
1. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976), s. 2 (w.e.f. 7-9-1976).
\n193
\nSIXTH SCHEDULE
\n[Articles 244(2) and 275(1)]
\nProvisions as to the Administration of Tribal Areas in 1
\n[the States of Assam, Meghalaya, Tripura
\nand Mizoram]
\n21. Autonomous districts and autonomous regions.\u2014(1) Subject to the provisions of this paragraph,
\nthe tribal areas in each item of 3
\n[
\n4
\n[Parts I, II and IIA] and in Part III] of the table appended to paragraph
\n20 of this Schedule shall be an autonomous district.
\n(2) If there are different Scheduled Tribes in an autonomous district, the Governor may, by public
\nnotification, divide the area or areas inhabited by them into autonomous regions.
\n(3) The Governor may, by public notification,\u2014
\n(a) include any area in 3
\n[any of the Parts] of the said table,
\n(b) exclude any area from 3
\n[any of the Parts] of the said table,
\n(c) create a new autonomous district,
\n(d) increase the area of any autonomous district,
\n(e) diminish the area of any autonomous district,
\n(f) unite two or more autonomous districts or parts thereof so as to form one autonomous district,
\n5
\n[(ff) alter the name of any autonomous district],
\n(g) define the boundaries of any autonomous district:
\nProvided that no order shall be made by the Governor under clauses (c), (d), (e) and (f) of this subparagraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of
\nparagraph 14 of this Schedule:
\n6
\n[Provided further that any order made by the Governor under this sub-paragraph may contain such
\nincidental and consequential provisions (including any amendment of paragraph 20 and of any item in any
\nof the Parts of the said Table) as appear to the Governor to be necessary for giving effect to the provisions
\nof the order.
\n7-8-92. Constitution of District Councils and Regional Councils.\u2014 10[(1) There shall be a District
\nCouncil for each autonomous district consisting of not more than thirty members, of whom not more
\nthan four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult
\nsuffrage.]<\/p>\n
1. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for certain words (w.e.f. 20-2-1987).
\n2. Paragraph 1 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of
\n2003), s. 2, so as to insert the following proviso after sub-paragraph (2), namely:\u2014
\n\u201cProvided that nothing in this sub-paragraph shall apply to the Bodoland Territorial Areas District.
\n3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for \u201cPart A\u201d (w.e.f. 21-1-1972).
\n4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for \u201cParts I and II\u201d (w.e.f. 1-4-1985).
\n5. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
\n6. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
\n7. Paragraph 2 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of
\n2003), s. 2, so as to insert the following proviso after sub-paragraph (1), namely: \u2014
\n\u201cProvided that the Bodoland Territorial Council shall consist of not more than forty-six members of whom forty shall be elected on the basis of adult
\nsuffrage, of whom thirty shall be reserved for the Scheduled Tribes, five for non-tribal communities, five open for all communities and the remaining
\nsix shall be nominated by the Governor having same rights and privileges as other members, including voting rights, from amongst the un-represented
\ncommunities of the Bodoland Territorial Areas District, of which at least two shall be women :\u201d
\n8. Paragraph 2 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of
\n1995), s. 2, so as to insert the following proviso after sub-paragraph (3), namely : \u2014
\n\u201cProvided that the District Council constituted for the North Cachar Hills District shall be called as the North Cachar Hills Autonomous Council
\nand the District Council constituted for the Karbi Anglong District shall be called as the Karbi Anglong Autonomous Council.\u201d
\n9. Paragraph 2 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of
\n2003), s. 2, so as to insert the following proviso after sub-paragraph (3), namely:\u2014
\nProvided further that the District Council constituted for the Bodoland Territorial Areas District shall be called the Bodoland Territorial Council.\u201d.
\n10. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch., for sub-paragraph (1) (w.e.f. 2-4-1970).
\n194
\n(2) There shall be a separate Regional Council for each area constituted an autonomous region under
\nsub-paragraph (2) of paragraph 1 of this Schedule.
\n(3) Each District Council and each Regional Council shall be a body corporate by the name respectively
\nof \u201cthe District Council of (name of district)\u201d and \u201cthe Regional Council of (name of region)\u201d, shall have
\nperpetual succession and a common seal and shall by the said name sue and be sued.
\n(4) Subject to the provisions of this Schedule, the administration of an autonomous district shall, in so
\nfar as it is not vested under this Schedule in any Regional Council within such district, be vested in the
\nDistrict Council for such district and the administration of an autonomous region shall be vested in the
\nRegional Council for such region.
\n(5) In an autonomous district with Regional Councils, the District Council shall have only such powers
\nwith respect to the areas under the authority of the Regional Council as may be delegated to it by the
\nRegional Council in addition to the powers conferred on it by this Schedule with respect to such areas.
\n(6) The Governor shall make rules for the first constitution of District Councils and Regional Councils
\nin consultation with the existing tribal Councils or other representative tribal organisations within the
\nautonomous districts or regions concerned, and such rules shall provide for\u2014
\n(a) the composition of the District Councils and Regional Councils and the allocation of seats
\ntherein;
\n(b) the delimitation of territorial constituencies for the purpose of elections to those Councils;
\n(c) the qualifications for voting at such elections and the preparation of electoral rolls therefor;
\n(d) the qualifications for being elected at such elections as members of such Councils;
\n(e) the term of office of members of 1
\n[Regional Councils];
\n(f) any other matter relating to or connected with elections or nominations to such Councils;
\n(g) the procedure and the conduct of business 2
\n[(including the power to act notwithstanding any
\nvacancy)] in the District and Regional Councils;
\n(h) the appointment of officers and staff of the District and Regional Councils.
\n1
\n[(6A) The elected members of the District Council shall hold office for a term of five years from the
\ndate appointed for the first meeting of the Council after the general elections to the Council, unless the
\nDistrict Council is sooner dissolved under paragraph 16 and a nominated member shall hold office at the
\npleasure of the Governor:
\nProvided that the said period of five years may, while a Proclamation of Emergency is in operation or
\nif circumstances exist which, in the opinion of the Governor, render the holding of elections impracticable,
\nbe extended by the Governor for a period not exceeding one year at a time and in any case where a
\nProclamation of Emergency is in operation not extending beyond a period of six months after the
\nProclamation has ceased to operate:
\nProvided further that a member elected to fill a casual vacancy shall hold office only for the remainder
\nof the term of office of the member whom he replaces.]
\n(7) The District or the Regional Council may after its first constitution make rules 3
\n[with the approval
\nof the Governor] with regard to the matters specified in sub-paragraph (6) of this paragraph and may also
\nmake 2
\n[rules with like approval] regulating\u2014
\n(a) the formation of subordinate local Councils or Boards and their procedure and the conduct of
\ntheir business; and
\n(b) generally all matters relating to the transaction of business pertaining to the administration of
\nthe district or region, as the case may be:<\/p>\n
1. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch., for \u201csuch councils\u201d (w.e.f.
\n2-4-1970).
\n2. Ins. by ibid.
\n3. Ins. by ibid.
\n195
\nProvided that until rules are made by the District or the Regional Council under this sub-paragraph
\nthe rules made by the Governor under sub-paragraph (6) of this paragraph shall have effect in respect
\nof elections to, the officers and staff of, and the procedure and the conduct of business in, each such
\nCouncil.
\n1* * * * *
\n2-3-43. Powers of the District Councils and Regional Councils to make laws.\u2014(1) The Regional
\nCouncil for an autonomous region in respect of all areas within such region and the District Council for<\/p>\n
1. Second proviso omitted by s. 74 and Fourth Sch. of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969) (w.e.f.
\n2-4-1970).
\n2. Paragraph 3 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act,
\n2003 (44 of 2003), s. 2, so as to substitute sub-paragraph (3) as under (w.e.f. 7-9-2003), –
\n\u201c(3) Save as otherwise provided in sub-paragraph (2) of paragraph 3A or sub-paragraph (2) of paragraph 3B, all laws made under
\nthis paragraph or sub-paragraph (1) of paragraph 3A or sub-paragraph (1) of paragraph 3B shall be submitted forthwith to the
\nGovernor and, until assented to by him, shall have no effect.\u201d .
\n3. After paragraph 3, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the
\nConstitution (Amendment) Act, 1995 (42 of 1995), s. 2 and after paragraph 3A, the following paragraph has been inserted in its
\napplication to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, namely: \u2014
\n\u201c3A. Additional powers of the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council
\nto make laws.\u2014(1) Without prejudice to the provisions of paragraph 3, the North Cachar Hills Autonomous Council and the
\nKarbi Anglong Autonomous Council within their respective districts, shall have power to make laws with respect to\u2014
\n(a) industries, subject to the provisions of entries 7 and 52 of List I of the Seventh Schedule;
\n(b) communications, that is to say, roads, bridges, ferries and other means of communication not specified in List I of the
\nSeventh Schedule; municipal tramways, ropeways, inland waterways and traffic thereon subject to the provisions of
\nList I and List III of the Seventh Schedule with regard to such waterways; vehicles other than mechanically propelled
\nvehicles;
\n(c) preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice;
\ncattle pounds;
\n(d) primary and secondary education;
\n(e) agriculture, including agricultural education and research, protection against pests and prevention of plant diseases;
\n(f) fisheries;
\n(g) water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power
\nsubject to the provisions of entry 56 of List I of the Seventh Schedule;
\n(h) social security and social insurance; employment and unemployment;
\n(i) flood control schemes for protection of villages, paddy fields, markets, towns, etc. (not of technical nature);
\n(j) theatre and dramatic performances, cinemas subject to the provisions of entry 60 of List I of the Seventh Schedule;
\nsports, entertainments and amusements;
\n(k) public health and sanitation, hospitals and dispensaries;
\n(l) minor irrigation;
\n(m) trade and commerce in, and the production supply and distribution of, food stuffs, cattle fodder, raw cotton and raw
\njute;
\n(n) libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments
\nand records other than those declared by or under any law made by Parliament to be of national importance; and
\n(o) alienation of land.
\n(2) All laws made by the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council under paragraph
\n3 or under this paragraph shall, in so far as they relate to matters specified in List III of the Seventh Schedule, be submitted
\nforthwith to the Governor who shall reserve the same for the consideration of the President.
\n(3) When a law is reserved for the consideration of the President, the President shall declare either that he assents to the said law
\nor that he withholds assent therefrom:
\nProvided that the President may direct the Governor to return the law to the North Cachar Hills Autonomous Council or
\nthe Karbi Anglong Autonomous Council, as the case may be, together with a message requesting that the said Council will
\nreconsider the law or any specified provisions thereof and, in particular, will consider the desirability of introducing any such
\namendments as he may recommend in his message and, when the law is so returned, the said Council shall consider the law
\naccordingly within a period of six months from the date of receipt of such message and, if the law is again passed by the said
\nCouncil with or without amendment it shall be presented again to the President for his consideration.”
\n4. After paragraph 3A, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the
\nConstitution (Amendment) Act, 2003 (44 of 2003), s. 2, namely:–
\n\u201c3B. Additional powers of the Bodoland Territorial Council to make laws.\u2014(1) Without prejudice to the provisions of
\nparagraph 3, the Bodoland Territorial Council within its areas shall have power to make laws with respect to:\u2014
\n(i) agriculture, including agricultural education and research, protection against pests and prevention of plant diseases;
\n(ii) animal husbandry and veterinary, that is to say, preservation, protection and improvement of stock and prevention of animal
\ndiseases, veterinary training and practice, cattle pounds; (iii) co-operation; (iv) cultural affairs; (v) education, that is to say,
\nprimary education, higher secondary including vocational training, adult education, college education (general); (vi) fisheries;
\n(vii) flood control for protection of village, paddy fields, markets and towns (not of technical nature); (viii) Food and civil supply;
\n196<\/p>\n
(ix) forests (other than reserved forests); (x) handloom and textile; (xi) health and family welfare, (xii) intoxicating liquors,
\nopium and derivatives, subject to the provisions of entry 84 of List I of the Seventh Schedule; (xiii) irrigation; (xiv) labour and
\nemployment; (xv) land and revenue; (xvi) library services (financed and controlled by the State Government); (xvii) lotteries
\n(subject to the provisions of entry 40 of List I of the Seventh Schedule), theatres, dramatic performances and cinemas (subject to
\nthe provisions of entry 60 of List I of the Seventh Schedule); (xviii) markets and fairs; (xix) municipal corporation, improvement
\ntrust, district boards and other local authorities; (xx) museum and archaeology institutions controlled or financed by the State,
\nancient and historical monuments and records other than those declared by or under any law made by Parliament to be of national
\nimportance; (xxi) panchayat and rural development; (xxii) planning and development; (xxiii) printing and stationery; (xxiv)
\npubic health engineering; (xxv) public works department; (xxvi) publicity and public relations; (xxvii) registration of births
\nand deaths; (xxviii) relief and rehabilitation; (xxix) sericulture; (xxx) small, cottage and rural industry subject to the provisions
\nof entries 7 and 52 of List I of the Seventh Schedule; (xxxi) social Welfare; (xxxii) soil conservation; (xxxiii) sports and youth
\nwelfare; (xxxiv) statistics; (xxxv) tourism; (xxxvi) transport (roads, bridges, ferries and other means of communications not
\nspecified in List I of the Seventh Schedule, municipal tramways, ropeways, inland waterways and traffic thereon subject to the
\nprovision of List I and List III of the Seventh Schedule with regard to such waterways, vehicles other than mechanically propelled
\nvehicles); (xxxvii) tribal research institute controlled and financed by the State Government; (xxxviii) urban development\u2014
\ntown and country planning; (xxxix) weights and measures subject to the provisions of entry 50 of List I of the Seventh Schedule;
\nand (xl) Welfare of plain tribes and backward classes:
\nProvided that nothing in such laws shall\u2014
\n(a) extinguish or modify the existing rights and privileges of any citizen in respect of his land at the date of
\ncommencement of this Act; and
\n(b) disallow and citizen from acquiring land either by way of inheritance, allotment, settlement or by any other way of
\ntransfer if such citizen is otherwise eligible for such acquisition of land within the Bodoland Territorial Areas District.
\n(2) All laws made under paragraph 3 or under this paragraph shall in so far as they relate to matters specified in List III of the
\nSeventh Schedule, be submitted forthwith to the Governor who shall reserve the same for the consideration of the President.
\n(3) When a law is reserved for the consideration of the President, the President shall declare either that he assents to the said
\nlaw or that he withholds assent therefrom:
\nProvided that the President may direct the Governor to return the law to the Bodoland Territorial Council, together with
\nthe message requesting that the said Council will reconsider the law or any specified provisions thereof and, in particular, will
\nconsider the desirability of introducing any such amendments as he may recommend in his message and, when the law is so
\nreturned, the said Council shall consider the law accordingly within a period of six month from the date of receipt of such message
\nand, if the law is again passed by the said Council with or without amendments it shall be presented again to the President for his
\nconsideration.\u201d.
\n197
\nan autonomous district in respect of all areas within the district except those which are under the authority
\nof Regional Councils, if any, within the district shall have power to make laws with respect to\u2014
\n(a) the allotment, occupation or use, or the setting apart, of land, other than any land which is a
\nreserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural
\npurposes or for any other purpose likely to promote the interests of the inhabitants of any village or
\ntown:
\nProvided that nothing in such laws shall prevent the compulsory acquisition of any land, whether
\noccupied or unoccupied, for public purposes 1
\n[by the Government of the State concerned] in accordance
\nwith the law for the time being in force authorising such acquisition;
\n(b) the management of any forest not being a reserved forest;
\n(c) the use of any canal or water-course for the purpose of agriculture;
\n(d) the regulation of the practice of jhum or other forms of shifting cultivation;
\n(e) the establishment of village or town committees or councils and their powers;
\n(f) any other matter relating to village or town administration, including village or town police and
\npublic health and sanitation;
\n(g) the appointment or succession of Chiefs or Headmen;
\n(h) the inheritance of property;
\n2
\n[(i) marriage and divorce;]
\n(j) social customs.
\n(2) In this paragraph, a \u201creserved forest\u201d means any area which is a reserved forest under the Assam
\nForest Regulation, 1891, or under any other law for the time being in force in the area in question.
\n(3) All laws made under this paragraph shall be submitted forthwith to the Governor and, until assented
\nto by him, shall have no effect.
\n34. Administration of justice in autonomous districts and autonomous regions.\u2014(1) The Regional
\nCouncil for an autonomous region in respect of areas within such region and the District Council for an
\nautonomous district in respect of areas within the district other than those which are under the authority of
\nthe Regional Councils, if any, within the district may constitute village councils or courts for the trial of
\nsuits and cases between the parties all of whom belong to Scheduled Tribes within such areas, other than
\nsuits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, to the
\nexclusion of any court in the State, and may appoint suitable persons to be members of such village councils
\nor presiding officers of such courts, and may also appoint such officers as may be necessary for the
\nadministration of the laws made under paragraph 3 of this Schedule.
\n(2) Notwithstanding anything in this Constitution, the Regional Council for an autonomous region or
\nany court constituted in that behalf by the Regional Council or, if in respect of any area within an
\nautonomous district there is no Regional Council, the District Council for such district, or any court
\nconstituted in that behalf by the District Council, shall exercise the powers of a court of appeal in respect
\nof all suits and cases triable by a village council or court constituted under sub-paragraph (1) of this
\nparagraph within such region or area, as the case may be, other than those to which the provisions of subparagraph (1) of paragraph 5 of this Schedule apply, and no other court except the High Court and the
\nSupreme Court shall have jurisdiction over such suits or cases.<\/p>\n
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for certain words (w.e.f.
\n21-1-1972).
\n2. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch., for cl. (1) (w.e.f. 2-4-1970).
\n3. Paragraph 4 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment)
\nAct, 2003 (44 of 2003), s. 2, so as to insert the following sub-paragraph after sub-paragraph (5), namely(w.e.f. 7-9-2003) :\u2014
\n\u201c(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted under the proviso to sub-paragraph (3)
\nof paragraph 2 of this Schedule.\u201d .
\n198
\n(3) The High Court 1*** shall have and exercise such jurisdiction over the suits and cases to which the
\nprovisions of sub-paragraph (2) of this paragraph apply as the Governor may from time to time by order
\nspecify.
\n(4) A Regional Council or District Council, as the case may be, may with the previous approval of the
\nGovernor make rules regulating\u2014
\n(a) the constitution of village councils and courts and the powers to be exercised by them under
\nthis paragraph;
\n(b) the procedure to be followed by village councils or courts in the trial of suits and cases under subparagraph (1) of this paragraph;
\n(c) the procedure to be followed by the Regional or District Council or any court constituted by such
\nCouncil in appeals and other proceedings under sub-paragraph (2) of this paragraph;
\n(d) the enforcement of decisions and orders of such councils and courts;
\n(e) all other ancillary matters for the carrying out of the provisions of sub-paragraphs (1) and (2) of
\nthis paragraph.
\n2
\n[(5) On and from such date as the President may, 3
\n[after consulting the Government of the State
\nconcerned], by notification appoint in this behalf, this paragraph shall have effect in relation to such
\nautonomous district or region as may be specified in the notification, as if\u2014
\n(i) in sub-paragraph (1), for the words \u201cbetween the parties all of whom belong to Scheduled Tribes
\nwithin such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5
\nof this Schedule apply,\u201d, the words \u201cnot being suits and cases of the nature referred to in sub-paragraph
\n(1) of paragraph (5) of this Schedule, which the Governor may specify in this behalf,\u201d had been
\nsubstituted;
\n(ii) sub-paragraphs (2) and (3) had been omitted;
\n(iii) in sub-paragraph (4)\u2014
\n(a) for the words \u201cA Regional Council or District Council, as the case may be, may with the
\nprevious approval of the Governor make rules regulating\u201d, the words \u201cthe Governor may make rules
\nregulating\u201d had been substituted; and
\n(b) for clause (a), the following clause had been substituted, namely:\u2014
\n\u201c(a) the constitution of village councils and courts, the powers to be exercised by them under
\nthis paragraph and the courts to which appeals from the decisions of village councils and courts
\nshall lie;\u201d;
\n(c) for clause (c), the following clause had been substituted, namely:\u2014
\n\u201c(c) the transfer of appeals and other proceedings pending before the Regional or District
\nCouncil or any court constituted by such Council immediately before the date appointed by the
\nPresident under sub-paragraph (5);\u201d; and
\n(d) in clause (e), for the words, brackets and figures \u201csub-paragraphs (1) and (2)\u201d, the word,
\nbrackets and figure \u201csub-paragraph (1)\u201d had been substituted.]<\/p>\n
1. The words \u201cof Assam\u201d omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch.
\n(w.e.f. 21-1-1972).
\n2. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
\n3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for certain words (w.e.f.
\n21-1-1972).
\n199
\n5. Conferment of powers under the Code of Civil Procedure, 1908, and the Code of Criminal
\nProcedure, 18981
\n, on the Regional and District Councils and on certain courts and officers for the
\ntrial of certain suits, cases and offences.\u2014(1) The Governor may, for the trial of suits or cases arising out
\nof any law in force in any autonomous district or region being a law specified in that behalf by the Governor,
\nor for the trial of offences punishable with death, transportation for life, or imprisonment for a term of not
\nless than five years under the Indian Penal Code or under any other law for the time being applicable to
\nsuch district or region, confer on the District Council or the Regional Council having authority over such
\ndistrict or region or on courts constituted by such District Council or on any officer appointed in that behalf
\nby the Governor, such powers under the Code of Civil Procedure, 1908, or, as the case may be, the Code
\nof Criminal Procedure, 18981
\n, as he deems appropriate, and thereupon the said Council, court or officer
\nshall try the suits, cases or offences in exercise of the powers so conferred.
\n(2) The Governor may withdraw or modify any of the powers conferred on a District Council, Regional
\nCouncil, court or officer under sub-paragraph (1) of this paragraph.
\n(3) Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908, and the Code of
\nCriminal Procedure, 18981
\n, shall not apply to the trial of any suits, cases or offences in an autonomous
\ndistrict or in any autonomous region to which the provisions of this paragraph apply.
\n2
\n[(4) On and from the date appointed by the President under sub-paragraph (5) of paragraph 4 in
\nrelation to any autonomous district or autonomous region, nothing contained in this paragraph shall, in its
\napplication to that district or region, be deemed to authorise the Governor to confer on the District Council
\nor Regional Council or on courts constituted by the District Council any of the powers referred to in subparagraph (1) of this paragraph.]
\n3
\n[6. Powers of the District Council to establish primary schools, etc.\u2014 (1) The District Council for
\nan autonomous district may establish, construct, or manage primary schools, dispensaries, markets, 4
\n[cattle
\npounds], ferries, fisheries, roads, road transport and waterways in the district and may, with the previous
\napproval of the Governor, make regulations for the regulation and control thereof and, in particular, may
\nprescribe the language and the manner in which primary education shall be imparted in the primary schools
\nin the district.
\n(2) The Governor may, with the consent of any District Council, entrust either conditionally or
\nunconditionally to that Council or to its officers functions in relation to agriculture, animal husbandry,
\ncommunity projects, co-operative societies, social welfare, village planning or any other matter to which
\nthe executive power of the State 5*** extends.]
\n7.District and Regional Funds.\u2014(1) There shall be constituted for each autonomous district, a
\nDistrict Fund and for each autonomous region, a Regional Fund to which shall be credited all moneys
\nreceived respectively by the District Council for that district and the Regional Council for that region in the
\ncourse of the administration of such district or region, as the case may be, in accordance with the provisions
\nof this Constitution.
\n6
\n[(2) The Governor may make rules for the management of the District Fund, or, as the case may be,
\nthe Regional Fund and for the procedure to be followed in respect of payment of money into the said Fund,
\nthe withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with
\nor ancillary to the matters aforesaid.<\/p>\n
1. See the Code of Criminal Procedure, 1973 (2 of 1974).
\n2. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
\n3. Subs. by ibid., for \u201cparagraph 6\u201d.
\n4. Subs. by the Repealing and Amending Act, 1974 (56 of 1974), s. 4, for \u201ccattle pounds\u201d (w.e.f. 20-12-1974).
\n5. The words \u201cof Assam or Meghalaya, as the case may be\u201d omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of
\n1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
\n6. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch., for sub-paragraph (2) (w.e.f.
\n2-4-1970).
\n200
\n(3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept in
\nsuch form as the Comptroller and Auditor-General of India may, with the approval of the President,
\nprescribe.
\n(4) The Comptroller and Auditor-General shall cause the accounts of the District and Regional
\nCouncils to be audited in such manner as he may think fit, and the reports of the Comptroller and AuditorGeneral relating to such accounts shall be submitted to the Governor who shall cause them to be laid before
\nthe Council.]
\n8. Powers to assess and collect land revenue and to impose taxes.\u2014(1) The Regional Council for an
\nautonomous region in respect of all lands within such region and the District Council for an autonomous
\ndistrict in respect of all lands within the district except those which are in the areas under the authority of
\nRegional Councils, if any, within the district, shall have the power to assess and collect revenue in respect
\nof such lands in accordance with the principles for the time being followed 1
\n[by the Government of the
\nState in assessing lands for the purpose of land revenue in the State generally.]
\n(2) The Regional Council for an autonomous region in respect of areas within such region and the District
\nCouncil for an autonomous district in respect of all areas in the district except those which are under the
\nauthority of Regional Councils, if any, within the district, shall have power to levy and collect taxes on lands
\nand buildings, and tolls on persons resident within such areas.
\n(3) The District Council for an autonomous district shall have the power to levy and collect all or any of the
\nfollowing taxes within such district, that is to say \u2014
\n(a) taxes on professions, trades, callings and employments;
\n(b) taxes on animals, vehicles and boats;
\n(c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods
\ncarried in ferries; 2***
\n(d) taxes for the maintenance of schools, dispensaries or roads;
\n3
\n[and]
\n4
\n[(e) taxes on entertainment and amusements.]
\n(4) A Regional Council or District Council, as the case may be, may make regulations to provide for
\nthe levy and collection of any of the taxes specified in sub-paragraphs (2) and (3) of this paragraph 5
\n[and
\nevery such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have
\nno effect.]
\n69. Licences or leases for the purpose of prospecting for, or extraction of, minerals.\u2014(1) Such share
\nof the royalties accruing each year from licences or leases for the purpose of prospecting for, or the extraction
\nof, minerals granted by 7
\n[the Government of the State] in respect of any area within an autonomous district as
\nmay be agreed upon between 7
\n[the Government of the State] and the District Council of such district shall be
\nmade over to that District Council.<\/p>\n
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for certain words (w.e.f. 21-
\n1-1972).
\n2. Omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 16(i) (w.e.f. 16-9-2016).
\n3. Ins. by s. 16(ii), ibid.
\n4. Ins. by s. 16(iii), ibid.
\n5. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
\n6. Paragraph 9 has been amended in its application to the State of Tripura and Mizoram by the Sixth Schedule to the Constitution
\n(Amendment) Act, 1988 (67 of 1988), s. 2 (w.e.f. 16-12-1988), so as to insert the following sub-paragraph after sub-paragraph
\n(2), namely:-
\n\u201c(3) The Governor may, by order, direct that the share of royalties to be made over to a District Council under this
\nparagraph shall be made over to that Council within a period of one year from the date of any agreement under sub-paragraph
\n(1) or, as the case may be, of any determination under sub-paragraph (2).\u201d
\n7. Subs. by North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for \u201cthe Government of Assam\u201d
\n(w.e.f. 21-1-1972).
\n201
\n(2) If any dispute arises as to the share of such royalties to be made over to a District Council, it shall
\nbe referred to the Governor for determination and the amount determined by the Governor in his discretion
\nshall be deemed to be the amount payable under sub-paragraph (1) of this paragraph to the District Council
\nand the decision of the Governor shall be final.
\n1
\n[(3) The Governor may, by order, direct that the share of royalties to be made over to a District Council
\nunder this paragraph shall be made over to that Council within a period of one year from the date of any
\nagreement under sub-paragraph (1) or, as the case may be, of any determination under sub-paragraph (2).]
\n2-310. Power of District Council to make regulations for the control of money-lending and trading
\nby non-tribals.\u2014(1) The District Council of an autonomous district may make regulations for the
\nregulation and control of money-lending or trading within the district by persons other than Scheduled
\nTribes resident in the district.
\n(2) In particular and without prejudice to the generality of the foregoing power, such regulations may\u2014
\n(a) prescribe that no one except the holder of a licence issued in that behalf shall carry on the
\nbusiness of money-lending;
\n(b) prescribe the maximum rate of interest which may be charged or be recovered by a moneylender;
\n(c) provide for the maintenance of accounts by money-lenders and for the inspection of such
\naccounts by officers appointed in that behalf by the District Council;
\n(d) prescribe that no person who is not a member of the Scheduled Tribes resident in the district
\nshall carry on wholesale or retail business in any commodity except under a licence issued in that behalf
\nby the District Council :
\nProvided that no regulations may be made under this paragraph unless they are passed by a majority of
\nnot less than three-fourths of the total membership of the District Council:
\nProvided further that it shall not be competent under any such regulations to refuse the grant of a licence
\nto a money-lender or a trader who has been carrying on business within the district since before the time of
\nthe making of such regulations.
\n(3) All regulations made under this paragraph shall be submitted forthwith to the Governor and, until
\nassented to by him, shall have no effect.<\/p>\n
1. Paragraph 9 has been amended in its application to the States of Tripura and Mizoram by the Sixth Schedule to the Constitution
\n(Amendment) Act, 1988 (67 of 1988), s. 2, so as to insert the sub-paragraph (3) after sub-paragraph (2).
\n2. Paragraph 10 has been amended in its application to the States of Tripura and Mizoram by the Sixth Schedule to the Constitution
\n(Amendment) Act, 1988 (67 of 1988), s. 2, as under\u2014
\n(a) in the heading, the words \u201cby non-tribals\u201d shall be omitted;
\n(b) in sub-paragraph (1), the words \u201cother than Scheduled Tribes\u201d shall be omitted;
\n(c) in sub-paragraph (2), for clause (d), the following clause shall be substituted, namely:\u2014
\n\u201c(d) prescribe that no person resident in the district shall carry on any trade, whether wholesale or retail, except under a licence
\nissued in that behalf by the District Council.\u201d
\n3. Paragraph 10 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment)
\nAct, 2003 (44 of 2003), s. 2, so as to insert the following sub-paragraph after sub-paragraph (3), namely: \u2014
\n\u201c(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted under the proviso to sub-paragraph (3)
\nof paragraph 2 of this Schedule.\u201d.
\n202
\n1
\n[(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted under the
\nproviso to sub-paragraph (3) of paragraph (2) of this Schedule.]
\n11. Publication of laws, rules and regulations made under the Schedule.\u2014All laws, rules and
\nregulations made under this Schedule by a District Council or a Regional Council shall be published forthwith
\nin the Official Gazette of the State and shall on such publication have the force of law.
\n2-312. 4
\n[Application of Acts of Parliament and of the Legislature of the State of Assam to
\nautonomous districts and autonomous regions in the State of Assam].\u2014
\n(1) Notwithstanding anything in this Constitution, \u2014
\n(a) no Act of the 5
\n[Legislature of the State of Assam] in respect of any of the matters specified in
\nparagraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council
\nmay make laws, and no Act of the Legislature of the State of Assam prohibiting or restricting the
\nconsumption of any non-distilled alcoholic liquor shall apply to any autonomous district or
\nautonomous region 6
\n[in that State] unless in either case the District Council for such district or having
\njurisdiction over such region by public notification so directs, and the District Council in giving such
\ndirection with respect to any Act may direct that the Act shall in its application to such district or
\nregion or any part thereof have effect subject to such exceptions or modifications as it thinks fit;
\n(b) the Governor may, by public notification, direct that any Act of Parliament or of the
\n5
\n[Legislature of the State of Assam] to which the provisions of clause (a) of this sub-paragraph do
\nnot apply shall not apply to an autonomous district or an autonomous region 6
\n[in that State], or shall
\napply to such district or region or any part thereof subject to such exceptions or modifications as
\nhe may specify in the notification.
\n(2) Any direction given under sub-paragraph (1) of this paragraph may be given so as to have
\nretrospective effect.
\n7
\n[12A. Application of Acts of Parliament and of the Legislature of the State of Meghalaya to
\nautonomous districts and autonomous regions in the State of Meghalaya.\u2014Notwithstanding anything
\nin this Constitution,\u2014
\n(a) if any provision of a law made by a District or Regional Council in the State of Meghalaya with
\nrespect to any matter specified in sub-paragraph (1) of paragraph 3 of this Schedule or if any provision
\nof any regulation made by a District Council or a Regional Council in that State under paragraph 8 or
\nparagraph 10 of this Schedule, is repugnant to any provision of a law made by the Legislature of the
\nState of Meghalaya with respect to that matter, then, the law or regulation made by the District Council<\/p>\n
1. Paragraph 10 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment)
\nAct, 2003 (44 of 2003), s. 2 , so as to insert the following sub-paragraph after sub-paragraph (3), namely: \u2014
\n\u201c(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted under the proviso to sub-paragraph (3)
\nof paragraph 2 of this Schedule.\u201d.
\n2. Paragraph 12 has been amended to its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment)
\nAct, 1995 (42 of 1995), s. 2, (w.e.f. 12-9-1995) as under,-
\n\u2018in paragraph 12, in sub-paragraph (1), for the words and figure \u201cmatters specified in paragraph 3 of this Schedule\u201d, the
\nwords, figures and letter \u201cmatters specified in paragraph 3 or paragraph 3A of this Schedule\u201d shall be substituted.\u2019.
\n3. Paragraph 12 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment)
\nAct, 2003 (44 of 2003), s. 2, as under,\u2014
\n\u2018in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures and letter \u201cmatters specified in paragraph 3 or
\nparagraph 3A of this Schedule\u201d, the words, figures and letter \u201cmatters specified in paragraph 3 or paragraph 3A or paragraph 3B
\nof this Schedule\u201d shall be substituted.\u2019.
\n4. Subs. by North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for the heading (w.e.f.
\n21-1-1972).
\n5. Subs. by ibid., for \u201cLegislature of the State\u201d.
\n6. Ins. by ibid.
\n7. Subs. by ibid., for \u201cparagraph 12A, by paragraph 12A and 12B\u201d.
\n203
\nor, as the case may be, the Regional Council whether made before or after the law made by the
\nLegislature of the State of Meghalaya, shall, to the extent of repugnancy, be void and the law made by
\nthe Legislature of the State of Meghalaya shall prevail;
\n(b) the President may, with respect to any Act of Parliament, by notification, direct that it shall not
\napply to an autonomous district or an autonomous region in the State of Meghalaya, or shall apply to
\nsuch district or region or any part thereof subject to such exceptions or modifications as he may specify
\nin the notification and any such direction may be given so as to have retrospective effect.]
\n1
\n[12AA. Application of Acts of Parliament and of the Legislature of the State of Tripura to the
\nautonomous districts and autonomous regions in the State of Tripura.\u2014Notwithstanding anything in
\nthis Constitution,\u2014
\n(a) no Act of the Legislature of the State of Tripura in respect of any of the matters specified in
\nparagraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council
\nmay make laws, and no Act of the Legislature of the State of Tripura prohibiting or restricting the
\nconsumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous
\nregion in that State unless, in either case the, District Council for such district or having jurisdiction over
\nsuch region by public notification so directs, and the District Council in giving such direction with respect
\nto any Act may direct that the Act shall, in its application to that district or such region or any part thereof
\nhave effect subject to such exceptions or modifications as it thinks fit;
\n(b) the Governor may, by public notification, direct that any Act of the Legislature of the State of
\nTripura to which the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to the
\nautonomous district or an autonomous region in that State, or shall apply to that district or such region,
\nor any part thereof, subject to such exceptions or modifications, as he may specify in the notification;
\n(c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not
\napply to the autonomous district or an autonomous region in the State of Tripura, or shall apply to such
\ndistrict or region or any part thereof, subject to such exceptions or modifications as he may specify in
\nthe notification and any such direction may be given so as to have retrospective effect.
\n12B. Application of Acts of Parliament and of the Legislature of the State of Mizoram to
\nautonomous districts and autonomous regions in the State of Mizoram.\u2014Notwithstanding anything in
\nthis Constitution,\u2014
\n(a) no Act of the Legislature of the State of Mizoram in respect of any of the matters specified in
\nparagraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council
\nmay make laws, and no Act of the Legislature of the State of Mizoram prohibiting or restricting the
\nconsumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous
\nregion in that State unless, in either case, the District Council for such district or having jurisdiction
\nover such region, by public notification, so directs, and the District Council, in giving such direction
\nwith respect to any Act, may direct that the Act shall, in its application to such district or region or any
\npart thereof, have effect subject to such exceptions or modifications as it thinks fit;
\n(b) the Governor may, by public notification, direct that any Act of the Legislature of the State of
\nMizoram to which the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to an
\nautonomous district or an autonomous region in that State, or shall apply to such district or region, or
\nany part thereof, subject to such exceptions or modifications, as he may specify in the notification;
\n(c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not
\napply to an autonomous district or an autonomous region in the State of Mizoram, or shall apply to<\/p>\n
1. Subs. by Sixth Schedule to the Constitution (Amendment) Act, 1988, s. 2, for paragraphs 12AA and 12B (w.e.f. 16-12-1988).
\nParagraph 12AA was ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
\n204
\nsuch district or region or any part thereof, subject to such exceptions or modifications as he may specify
\nin the notification and any such direction may be given so as to have retrospective effect.]
\n13. Estimated receipts and expenditure pertaining to autonomous districts to be shown separately
\nin the annual financial statement.\u2014The estimated receipts and expenditure pertaining to an autonomous
\ndistrict which are to be credited to, or is to be made from, the Consolidated Fund of the State 1*** shall be
\nfirst placed before the District Council for discussion and then after such discussion be shown separately in
\nthe annual financial statement of the State to be laid before the Legislature of the State under article 202.
\n214. Appointment of Commission to inquire into and report on the administration of autonomous
\ndistricts and autonomous regions.\u2014(1) The Governor may at any time appoint a Commission to examine
\nand report on any matter specified by him relating to the administration of the autonomous districts and
\nautonomous regions in the State, including matters specified in clauses (c), (d), (e) and (f) of sub-paragraph
\n(3) of paragraph 1 of this Schedule, or may appoint a Commission to inquire into and report from time to
\ntime on the administration of autonomous districts and autonomous regions in the State generally and in
\nparticular on\u2014
\n(a) the provision of educational and medical facilities and communications in such districts and
\nregions;
\n(b) the need for any new or special legislation in respect of such districts and regions; and
\n(c) the administration of the laws, rules and regulations made by the District and Regional Councils;
\nand define the procedure to be followed by such Commission.
\n(2) The report of every such Commission with the recommendations of the Governor with respect
\nthereto shall be laid before the Legislature of the State by the Minister concerned together with an
\nexplanatory memorandum regarding the action proposed to be taken thereon by 3
\n[the Government of the
\nState.]
\n(3) In allocating the business of the Government of the State among his Ministers the Governor may
\nplace one of his Ministers specially in charge of the welfare of the autonomous districts and autonomous
\nregions in the State.
\n415. Annulment or suspension of acts and resolutions of District and Regional Councils.\u2014(1) If at
\nany time the Governor is satisfied that an act or resolution of a District or a Regional Council is likely to
\nendanger the safety of India 5
\n[or is likely to be prejudicial to public order], he may annul or suspend such
\nact or resolution and take such steps as he may consider necessary (including the suspension of the Council
\nand the assumption to himself of all or any of the powers vested in or exercisable by the Council) to prevent
\nthe commission or continuance of such act, or the giving of effect to such resolution.<\/p>\n
1. The words \u201cof Assam\u201d omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch.,
\n(w.e.f. 21-1-1972).
\n2. Paragraph 14 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment)
\nAct, 1995 (42 of 1995) , s. 2, as under,-
\n\u2018in paragraph 14, in sub-paragraph (2), the words \u201cwith the recommendations of the Governor with respect thereto\u201d shall be
\nomitted.\u2019.
\n3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. for \u201cthe Government of
\nAssam\u201d (w.e.f. 21-1-1972).
\n4. Paragraph 15 has been amended in its application to the States of Tripura and Mizoram by the Sixth Schedule to the Constitution
\n(Amendment) Act, 1988 (67 of 1988), s. 2, (w.e.f. 16-12-1988) as under,–
\n\u2018(a) in the opening paragraph, for the words \u201cby the Legislature of the State\u201d, the words \u201cby him\u201d shall be substituted;
\n(b) the proviso shall be omitted.\u2019.
\n5. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
\n205
\n(2) Any order made by the Governor under sub-paragraph (1) of this paragraph together with the
\nreasons therefor shall be laid before the Legislature of the State as soon as possible and the order shall,
\nunless revoked by the Legislature of the State, continue in force for a period of twelve months from the
\ndate on which it was so made:
\nProvided that if and so often as a resolution approving the continuance in force of such order is passed
\nby the Legislature of the State, the order shall unless cancelled by the Governor continue in force for a
\nfurther period of twelve months from the date on which under this paragraph it would otherwise have ceased
\nto operate.
\n1 16. Dissolution of a District or a Regional Council.\u2014 2
\n[(1)] The Governor may on the
\nrecommendation of a Commission appointed under paragraph 14 of this Schedule by public notification
\norder the dissolution of a District or a Regional Council, and\u2014
\n(a) direct that a fresh general election shall be held immediately for the reconstitution of the
\nCouncil, or
\n(b) subject to the previous approval of the Legislature of the State assume the administration of the
\narea under the authority of such Council himself or place the administration of such area under the
\nCommission appointed under the said paragraph or any other body considered suitable by him for a
\nperiod not exceeding twelve months:
\nProvided that when an order under clause (a) of this paragraph has been made, the Governor may
\ntake the action referred to in clause (b) of this paragraph with regard to the administration of the area
\nin question pending the reconstitution of the Council on fresh general election:
\nProvided further that no action shall be taken under clause (b) of this paragraph without giving the
\nDistrict or the Regional Council, as the case may be, an opportunity of placing its views before the
\nLegislature of the State.
\n3
\n[(2) If at any time the Governor is satisfied that a situation has arisen in which the administration of an
\nautonomous district or region cannot be carried on in accordance with the provisions of this Schedule, he may,
\nby public notification, assume to himself all or any of the functions or powers vested in or exercisable by the
\nDistrict Council or, as the case may be, the Regional Council and declare that such functions or powers shall be
\nexercisable by such person or authority as he may specify in this behalf, for a period not exceeding six months:
\nProvided that the Governor may by a further order or orders extend the operation of the initial order by a
\nperiod not exceeding six months on each occasion.
\n(3) Every order made under sub-paragraph (2) of this paragraph with the reasons therefor shall be laid
\nbefore the Legislature of the State and shall cease to operate at the expiration of thirty days from the date
\non which the State Legislature first sits after the issue of the order, unless, before the expiry of that period
\nit has been approved by that State Legislature.]<\/p>\n
1. Paragraph 16 has been amended in its application to the States of Tripura and Mizoram by the Sixth Schedule to the
\nConstitution (Amendment) Act, 1988 (67 of 1988) s. 2, (w.e.f. 16-12-1988) as under,–
\n\u2018(a) in sub-paragraph (1), the words \u201csubject to the previous approval of the Legislature of the State\u201d occurring in clause (b),
\nand the second proviso shall be omitted;
\n(b) for sub-paragraph (3), the following sub-paragraph shall be substituted, namely:\u2014
\n\u201c(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of this paragraph, along with the reasons therefor shall be
\nlaid before the Legislature of the State.\u201d.\u2019.
\n2. Paragraph 16 re-numbered as sub-paragraph (1) thereof by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s.
\n74 and Fourth Sch. (w.e.f. 2-4-1970).
\n3. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
\n206
\n117. Exclusion of areas from autonomous districts in forming constituencies in such districts.\u2014
\nFor the purposes of elections to 2
\n[the Legislative Assembly of Assam or Meghalaya]
\n3
\n[or Tripura]
\n4
\n[or
\nMizoram], the Governor may by order declare that any area within an autonomous district 5
\n[in the State of
\nAssam or Meghalaya 3
\n[or Tripura]
\n4
\n[or Mizoram], as the case may be], shall not form part of any
\nconstituency to fill a seat or seats in the Assembly reserved for any such district but shall form part of a
\nconstituency to fill a seat or seats in the Assembly not so reserved to be specified in the order.
\n6
\n[18.* * * * *]
\n719. Transitional provisions.\u2014(1) As soon as possible after the commencement of this Constitution
\nthe Governor shall take steps for the constitution of a District Council for each autonomous district in the
\nState under this Schedule and, until a District Council is so constituted for an autonomous district, the
\nadministration of such district shall be vested in the Governor and the following provisions shall apply to
\nthe administration of the areas within such district instead of the foregoing provisions of this Schedule,
\nnamely:\u2014
\n(a) no Act of Parliament or of the Legislature of the State shall apply to any such area unless the
\nGovernor by public notification so directs; and the Governor in giving such a direction with respect to
\nany Act may direct that the Act shall, in its application to the area or to any specified part thereof, have
\neffect subject to such exceptions or modifications as he thinks fit;
\n(b) the Governor may make regulations for the peace and good government of any such area and
\nany regulations so made may repeal or amend any Act of Parliament or of the Legislature of the State
\nor any existing law which is for the time being applicable to such area.
\n(2) Any direction given by the Governor under clause (a) of sub-paragraph (1) of this paragraph may
\nbe given so as to have retrospective effect.<\/p>\n
1. Paragraph 17 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment)
\nAct, 2003 (44 of 2003), s. 2, so as to insert the following proviso, namely:\u2014
\n\u201cProvided that nothing in this paragraph shall apply to the Bodoland Territorial Areas District.\u201d.
\n2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. for \u201cthe Legislative Assembly
\nof Assam\u201d (w.e.f. 21-1-1972).
\n3. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
\n4. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).
\n5. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. for \u201cthe Legislative Assembly
\nof Assam\u201d (w.e.f. 21-1-1972).
\n6. Paragraph 18 omitted by ibid.
\n7. Paragraph 19 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment)
\nAct, 2003 (44 of 2003), s. 2, so as to insert the following sub-paragraph after sub-paragraph (3), namely :\u2014
\n\u2018(4) As soon as possible after the commencement of this Act, and Interim Executive Council for Bodoland Territorial Areas
\nDistrict in Assam shall be formed by the Governor from amongst leaders of the Bodo movement, including the signatories to the
\nMemorandum of Settlement, and shall provide adequate representation to the non-tribal communities in that area:
\nProvided that Interim Council shall be for a period of six months during which endeavour to hold the election to the Council shall
\nbe made.
\nExplanation.– For the purposes of this sub-paragraph, the expression \u201cMemorandum of Settlement\u201d means the Memorandum
\nsigned on the 10th day of February, 2003 between Government of India, Government of Assam and Bodo Liberation Tigers.\u2019.
\n207
\n(3) All regulations made under clause (b) of sub-paragraph (1) of this paragraph shall be submitted
\nforthwith to the President and, until assented to by him, shall have no effect.
\n1
\n[20. Tribal areas.\u2014(1) The areas specified in Parts I, II 2
\n[, IIA] and III of the table below shall
\nrespectively be the tribal areas within the State of Assam, the State of Meghalaya 2
\n[, the State of Tripura]
\nand the 3
\n[State] of Mizoram.
\n(2) 4
\n[Any reference in Part I, Part II or Part III of the table below] to any district shall be construed as
\na reference to the territories comprised within the autonomous district of that name existing immediately
\nbefore the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act,
\n1971:
\nProvided that for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph 3, paragraph 4,
\nparagraph 5, paragraph 6, sub-paragraph (2), clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph
\n(4) of paragraph 8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, no part of the area
\ncomprised within the municipality of Shillong shall be deemed to be within the 5
\n[Khasi Hills District].
\n6
\n[(3) The reference in Part IIA in the table below to the “Tripura Tribal Areas District” shall be
\nconstrued as a reference to the territory comprising the tribal areas specified in the First Schedule to the
\nTripura Tribal Areas Autonomous District Council Act, 1979.]
\nTABLE
\nPART I
\n1. The North Cachar Hills District.
\n2. 7
\n[The Karbi Anglong District.]
\n8
\n[3. The Bodoland Territorial Area District.]
\nPART II
\n5
\n[1. Khasi Hills District.
\n2. Jaintia Hills District.]
\n3. The Garo Hills District.
\n1<\/p>\n
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for paragraphs 20 and 20A
\n(w.e.f. 21-1-1972) and paragraph 20A further substituted by the Government of Union Territory (Amendment) Act, 1971 (83 of
\n1971) s. 13 (w.e.f. 29-4-1972).
\n2. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
\n3. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for \u201cUnion Territory\u201d (w.e.f. 20-2-1987).
\n4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for \u201cany reference in the table below\u201d (w.e.f. 1-4-1985).
\n5. Subs. by the Government of Meghalaya notification No. DCA 31\/72\/11, dated the 14th June, 1973, Gazette of Meghalaya, Pt.
\nVA, dated 23-6-1973, p. 200.
\n6. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
\n7. Subs. by the Government of Assam notification No. TAD\/R\/115\/74\/47, dated the 14-10-1976, for \u201cThe Mikir Hills District\u201d.
\n8. Ins. by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f. 7-9-2003).
\n208
\n1
\n[PART IIA
\nTripura Tribal Areas District]
\nPart III
\n2* * *
\n3
\n[1. The Chakma District.
\n4
\n[2. The Mara District.
\n3. The Lai District.]]
\n5
\n[20A. Dissolution of the Mizo District Council.\u2014(1) Notwithstanding anything in this Schedule, the
\nDistrict Council of the Mizo District existing immediately before the prescribed date (hereinafter referred
\nto as the Mizo District Council) shall stand dissolved and cease to exist.
\n(2) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or
\nany of the following matters, namely:\u2014
\n(a) the transfer, in whole or in part, of the assets, rights and liabilities of the Mizo District Council
\n(including the rights and liabilities under any contract made by it) to the Union or to any other authority;
\n(b) the substitution of the Union or any other authority for the Mizo District Council, or the addition
\nof the Union or any other authority, as a party to any legal proceedings to which the Mizo District
\nCouncil is a party;
\n(c) the transfer or re-employment of any employees of the Mizo District Council to or by the Union
\nor any other authority, the terms and conditions of service applicable to such employees after such
\ntransfer or re-employment;
\n(d) the continuance of any laws, made by the Mizo District Council and in force immediately before
\nits dissolution, subject to such adaptations and modifications, whether by way of repeal or amendment,
\nas the Administrator may make in this behalf, until such laws are altered, repealed or amended by a
\ncompetent Legislature or other competent authority;
\n(e) such incidental, consequential and supplementary matters as the Administrator considers
\nnecessary.
\nExplanation.\u2014In this paragraph and in paragraph 20B of this Schedule, the expression \u201cprescribed
\ndate\u201d means the date on which the Legislative Assembly of the Union territory of Mizoram is duly
\nconstituted under and in accordance with the provisions of the Government of Union Territories Act, 1963.<\/p>\n
1. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
\n2. The words \u201cThe Mizo District\u201d omitted by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971), s. 13
\n(w.e.f. 29-4-1972).
\n3. Ins. by the Mizoram District Council (Miscellaneous Provisions) Order, 1972, published in the Mizoram Gazette, 1972, dated
\nthe 5th May, 1972, Vol. I, Pt. II, p. 17 (w.e.f. 29-4-1972).
\n4. Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, for serial numbers 2 and 3 and the
\nentries relating thereto (w.e.f. 16-12-1988).
\n5. Subs. by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971), s. 13, for paragraph 20A by paragraph
\n20A, 20B and 20C (w.e.f. 29-4-1972).
\n209
\n1-220B. Autonomous regions in the Union territory of Mizoram to be autonomous districts and
\ntransitory provisions consequent thereto.\u2014(1) Notwithstanding anything in this Schedule,\u2014
\n(a) every autonomous region existing immediately before the prescribed date in the Union territory
\nof Mizoram shall, on and from that date, be an autonomous district in that Union territory (hereafter
\nreferred to as the corresponding new district) and the Administrator thereof may, by one or more orders,
\ndirect that such consequential amendments as are necessary to give effect to the provisions of this clause
\nshall be made in paragraph 20 of this Schedule (including Part III of the table appended to that
\nparagraph) and thereupon the said paragraph and the said Part III shall be deemed to have been amended
\naccordingly;
\n(b) every Regional Council of an autonomous region in the Union territory of Mizoram existing
\nimmediately before the prescribed date (hereafter referred to as the existing Regional Council) shall,
\non and from that date and until a District Council is duly constituted for the corresponding new district,
\nbe deemed to be the District Council of that district (hereafter referred to as the corresponding new
\nDistrict Council).
\n(2) Every member whether elected or nominated of an existing Regional Council shall be deemed to have
\nbeen elected or, as the case may be, nominated to the corresponding new District Council and shall hold office
\nuntil a District Council is duly constituted for the corresponding new district under this Schedule.
\n(3) Until rules are made under sub-paragraph (7) of paragraph 2 and sub-paragraph (4) of paragraph 4
\nof this Schedule by the corresponding new District Council, the rules made under the said provisions by the
\nexisting Regional Council and in force immediately before the prescribed date shall have effect in relation
\nto the corresponding new District Council subject to such adaptations and modifications as may be made
\ntherein by the Administrator of the Union territory of Mizoram.
\n(4) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all
\nor any of the following matters, namely:\u2014
\n(a) the transfer in whole or in part of the assets, rights and liabilities of the existing Regional Council
\n(including the rights and liabilities under any contract made by it) to the corresponding new District Council;
\n(b) the substitution of the corresponding new District Council for the existing Regional Council as
\na party to the legal proceedings to which the existing Regional Council is a party;
\n(c) the transfer or re-employment of any employees of the existing Regional Council to or by the
\ncorresponding new District Council, the terms and conditions of service applicable to such employees
\nafter such transfer or re-employment;
\n(d) the continuance of any laws made by the existing Regional Council and in force immediately
\nbefore the prescribed date, subject to such adaptations and modifications, whether by way of repeal or<\/p>\n
1. After paragraph 20B, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the
\nConstitution (Amendment) Act, 1995 (42 of 1995), s. 2, namely:\u2014
\n\u201c20BA. Exercise of discretionary powers by the Governor in the discharge of his functions. \u2014 The Governor in the discharge
\nof his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A) excluding the first
\nproviso and sub-paragraph (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5,
\nsub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of
\nparagraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and subparagraphs (1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of Ministers and the North Cachar
\nHills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be, take such action as he considers
\nnecessary in his discretion.\u201d .
\n2. After paragraph 20B, the following paragraph has been inserted in its application to the States of Tripura and Mizoram, by the
\nSixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, namely: \u2014
\n\u201c20BB. Exercise of discretionary powers by the Governor in the discharge of his functions.-The Governor, in the discharge
\nof his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1) and (7) of paragraph 2, sub-paragraph (3)
\nof paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph
\n7, sub-paragraph (3) of paragraph 9, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs
\n(1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of Ministers, and if he thinks it necessary, the
\nDistrict Council or the Regional Council concerned, take such action as he considers necessary in his discretion.\u201d .
\n210
\namendment, as the Administrator may make in this behalf until such laws are altered, repealed or
\namended by a competent Legislature or other competent authority;
\n(e) such incidental, consequential and supplementary matters as the Administrator considers
\nnecessary.
\n20C. Interpretation.\u2014Subject to any provision made in this behalf, the provisions of this Schedule
\nshall, in their application to the Union territory of Mizoram, have effect\u2014
\n(1) as if references to the Governor and Government of the State were references to the
\nAdministrator of the Union territory appointed under article 239, references to State (except in the
\nexpression “Government of the State”) were references to the Union territory of Mizoram and
\nreferences to the State Legislature were references to the Legislative Assembly of the Union territory
\nof Mizoram;
\n(2) as if\u2014
\n(a) in sub-paragraph (5) of paragraph 4, the provision for consultation with the Government of
\nthe State concerned had been omitted;
\n(b) in sub-paragraph (2) of paragraph 6, for the words “to which the executive power of the
\nState extends”, the words “with respect to which the Legislative Assembly of the Union territory
\nof Mizoram has power to make laws” had been substituted;
\n(c) in paragraph 13, the words and figures \u201cunder article 202\u201d had been omitted.
\n21. Amendment of the Schedule.\u2014(1) Parliament may from time to time by law amend by way of
\naddition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended,
\nany reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so
\namended.
\n(2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an
\namendment of this Constitution for the purposes of article 368.
\n211
\nSEVENTH SCHEDULE
\n(Article 246)
\nList I\u2014Union List
\n1. Defence of India and every part thereof including preparation for defence and all such acts as may
\nbe conducive in times of war to its prosecution and after its termination to effective demobilisation.
\n2. Naval, military and air forces; any other armed forces of the Union.
\n1
\n[2A. Deployment of any armed force of the Union or any other force subject to the control of the Union
\nor any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and
\nliabilities of the members of such forces while on such deployment.]
\n3. Delimitation of cantonment areas, local self-government in such areas, the constitution and powers
\nwithin such areas of cantonment authorities and the regulation of house accommodation (including the
\ncontrol of rents) in such areas.
\n4. Naval, military and air force works.
\n5. Arms, firearms, ammunition and explosives.
\n6. Atomic energy and mineral resources necessary for its production.
\n7. Industries declared by Parliament by law to be necessary for the purpose of defence or for the
\nprosecution of war.
\n8. Central Bureau of Intelligence and Investigation.
\n9. Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of India;
\npersons subjected to such detention.
\n10. Foreign affairs; all matters which bring the Union into relation with any foreign country.
\n11. Diplomatic, consular and trade representation.
\n12. United Nations Organisation.
\n13. Participation in international conferences, associations and other bodies and implementing of
\ndecisions made thereat.
\n14. Entering into treaties and agreements with foreign countries and implementing of treaties,
\nagreements and conventions with foreign countries.
\n15. War and peace.
\n16. Foreign jurisdiction.
\n17. Citizenship, naturalisation and aliens.
\n18. Extradition.
\n19. Admission into, and emigration and expulsion from, India; passports and visas.
\n20. Pilgrimages to places outside India.
\n21. Piracies and crimes committed on the high seas or in the air; offences against the law of nations
\ncommitted on land or the high seas or in the air.
\n22. Railways.<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
\n212
\n23. Highways declared by or under law made by Parliament to be national highways.
\n24. Shipping and navigation on inland waterways, declared by Parliament by law to be national
\nwaterways, as regards mechanically propelled vessels; the rule of the road on such waterways.
\n25. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of
\neducation and training for the mercantile marine and regulation of such education and training provided by
\nStates and other agencies.
\n26. Lighthouses, including lightships, beacons and other provision for the safety of shipping and
\naircraft.
\n27. Ports declared by or under law made by Parliament or existing law to be major ports, including their
\ndelimitation, and the constitution and powers of port authorities therein.
\n28. Port quarantine, including hospitals connected therewith; seamen’s and marine hospitals.
\n29. Airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air
\ntraffic and of aerodromes; provision for aeronautical education and training and regulation of such
\neducation and training provided by States and other agencies.
\n30. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically
\npropelled vessels.
\n31. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication.
\n32. Property of the Union and the revenue therefrom, but as regards property situated in a State 1***
\nsubject to legislation by the State, save in so far as Parliament by law otherwise provides.
\n2* * * * *
\n34. Courts of wards for the estates of Rulers of Indian States.
\n35. Public debt of the Union.
\n36. Currency, coinage and legal tender; foreign exchange.
\n37. Foreign loans.
\n38. Reserve Bank of India.
\n39. Post Office Savings Bank.
\n40. Lotteries organised by the Government of India or the Government of a State.
\n41. Trade and commerce with foreign countries; import and export across customs frontiers; definition
\nof customs frontiers.
\n42. Inter-State trade and commerce.
\n43. Incorporation, regulation and winding up of trading corporations, including banking, insurance and
\nfinancial corporations, but not including co-operative societies.
\n44. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not
\nconfined to one State, but not including universities.
\n45. Banking.
\n46. Bills of exchange, cheques, promissory notes and other like instruments.
\n47. Insurance.<\/p>\n
1. The words and letter \u201cspecified in Part A of the First Schedule\u201d omitted by the Constitution (Seventh Amendment) Act, 1956,
\ns. 29 and Sch. (w.e.f. 1-11-1956).
\n2. Entry 33 omitted by s. 26, ibid.
\n213
\n48. Stock exchanges and futures markets.
\n49. Patents, inventions and designs; copyright; trade-marks and merchandise marks.
\n50. Establishment of standards of weight and measure.
\n51. Establishment of standards of quality for goods to be exported out of India or transported from one
\nState to another.
\n52. Industries, the control of which by the Union is declared by Parliament by law to be expedient in
\nthe public interest.
\n53. Regulation and development of oilfields and mineral oil resources; petroleum and petroleum
\nproducts; other liquids and substances declared by Parliament by law to be dangerously inflammable.
\n54. Regulation of mines and mineral development to the extent to which such regulation and
\ndevelopment under the control of the Union is declared by Parliament by law to be expedient in the public
\ninterest.
\n55. Regulation of labour and safety in mines and oilfields.
\n56. Regulation and development of inter-State rivers and river valleys to the extent to which such
\nregulation and development under the control of the Union is declared by Parliament by law to be expedient
\nin the public interest.
\n57. Fishing and fisheries beyond territorial waters.
\n58. Manufacture, supply and distribution of salt by Union agencies; regulation and control of
\nmanufacture, supply and distribution of salt by other agencies.
\n59. Cultivation, manufacture, and sale for export, of opium.
\n60. Sanctioning of cinematograph films for exhibition.
\n61. Industrial disputes concerning Union employees.
\n62. The institutions known at the commencement of this Constitution as the National Library, the Indian
\nMuseum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other
\nlike institution financed by the Government of India wholly or in part and declared by Parliament by law
\nto be an institution of national importance.
\n63. The institutions known at the commencement of this Constitution as the Benares Hindu University, the
\nAligarh Muslim University and the 1
\n[Delhi University; the University established in pursuance of article 371E;]
\nany other institution declared by Parliament by law to be an institution of national importance.
\n64. Institutions for scientific or technical education financed by the Government of India wholly or in
\npart and declared by Parliament by law to be institutions of national importance.
\n65. Union agencies and institutions for\u2014
\n(a) professional, vocational or technical training, including the training of police officers; or
\n(b) the promotion of special studies or research; or
\n(c) scientific or technical assistance in the investigation or detection of crime.
\n66. Co-ordination and determination of standards in institutions for higher education or research and
\nscientific and technical institutions.
\n67. Ancient and historical monuments and records, and archaeological sites and remains, 2
\n[declared by
\nor under law made by Parliament] to be of national importance.<\/p>\n
1. Subs. by the Constitution (Thirty-second Amendment) Act, 1973, s. 4, for \u201cDelhi University and\u201d (w.e.f. 1-7-1974).
\n2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for \u201cdeclared by Parliament by law\u201d (w.e.f. 1-11-1956).
\n214
\n68. The Survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India;
\nMeteorological organisations.
\n69. Census.
\n70. Union Public Service; All-India Services; Union Public Service Commission.
\n71. Union pensions, that is to say, pensions payable by the Government of India or out of the
\nConsolidated Fund of India.
\n72. Elections to Parliament, to the Legislatures of States and to the offices of President and VicePresident; the Election Commission.
\n73. Salaries and allowances of members of Parliament, the Chairman and Deputy Chairman of the
\nCouncil of States and the Speaker and Deputy Speaker of the House of the People.
\n74. Powers, privileges and immunities of each House of Parliament and of the members and the
\nCommittees of each House; enforcement of attendance of persons for giving evidence or producing
\ndocuments before committees of Parliament or commissions appointed by Parliament.
\n75. Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and
\nGovernors; salaries and allowances of the Ministers for the Union; the salaries, allowances, and rights in
\nrespect of leave of absence and other conditions of service of the Comptroller and Auditor-General.
\n76. Audit of the accounts of the Union and of the States.
\n77. Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of
\nsuch Court), and the fees taken therein; persons entitled to practise before the Supreme Court.
\n78. Constitution and organisation 1
\n[(including vacations)] of the High Courts except provisions as to
\nofficers and servants of High Courts; persons entitled to practise before the High Courts.
\n2
\n[79. Extension of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a High Court
\nfrom, any Union territory.]
\n80. Extension of the powers and jurisdiction of members of a police force belonging to any State to any
\narea outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in
\nany area outside that State without the consent of the Government of the State in which such area is situated;
\nextension of the powers and jurisdiction of members of a police force belonging to any State to railway
\nareas outside that State.
\n81. Inter-State migration; inter-State quarantine.
\n82. Taxes on income other than agricultural income.
\n83. Duties of customs including export duties.
\n3
\n[84. Duties of excise on the following goods manufactured or produced in India, namely:\u2014
\n(a) petroleum crude;
\n(b) high speed diesel;
\n(c) motor spirit (commonly known as petrol);
\n(d) natural gas;
\n(e) aviation turbine fuel; and
\n(f) tobacco and tobacco products.]
\n85. Corporation tax.
\n86. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies;
\ntaxes on the capital of companies.
\n87. Estate duty in respect of property other than agricultural land.<\/p>\n
1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 12 (with retrospective effect).
\n2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
\n3. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(a)(i) (w.e.f. 16-9-2016).
\n215
\n88. Duties in respect of succession to property other than agricultural land.
\n89. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and
\nfreights.
\n90. Taxes other than stamp duties on transactions in stock exchanges and futures markets.
\n91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters
\nof credit, policies of insurance, transfer of shares, debentures, proxies and receipts.
\n1* * * * *
\n2
\n[92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes
\nplace in the course of inter-State trade or commerce.]
\n3
\n[92B. Taxes on the consignments of goods (whether the consignment is to the person making it or to
\nany other person), where such consignment takes place in the course of inter-State trade or commerce.]
\n4* * * * *
\n93. Offences against laws with respect to any of the matters in this List.
\n94. Inquires, surveys and statistics for the purpose of any of the matters in this List.
\n95. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters
\nin this List; admiralty jurisdiction.
\n96. Fees in respect of any of the matters in this List, but not including fees taken in any court.
\n97. Any other matter not enumerated in List II or List III including any tax not mentioned in either of
\nthose Lists.
\nList II\u2014State List
\n1. Public order (but not including 5
\n[the use of any naval, military or air force or any other armed force
\nof the Union or of any other force subject to the control of the Union or of any contingent or unit thereof]
\nin aid of the civil power).
\n6
\n[2. Police (including railway and village police) subject to the provisions of entry 2A of List I.]
\n3. 7*** Officers and servants of the High Court; procedure in rent and revenue courts; fees taken in all
\ncourts except the Supreme Court.
\n4. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained
\ntherein; arrangements with other States for the use of prisons and other institutions.
\n5. Local government, that is to say, the constitution and powers of municipal corporations, improvement
\ntrusts, districts boards, mining settlement authorities and other local authorities for the purpose of local selfgovernment or village administration.
\n6. Public health and sanitation; hospitals and dispensaries.
\n7. Pilgrimages, other than pilgrimages to places outside India.
\n8. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and
\nsale of intoxicating liquors.
\n9. Relief of the disabled and unemployable.
\n10. Burials and burial grounds; cremations and cremation grounds.<\/p>\n
1. Entry 92 omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(a)(ii) (w.e.f. 16-9-2016).
\n2. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956).
\n3. Ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 5 (w.e.f. 2-2-1983).
\n4 Entry 92C was inserted by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 4 (which was not enforced) and omitted by
\nthe Constitution (One Hundred and First Amendment) Act 2016, s. 17(a)(ii) (w.e.f. 16-9-2016).
\n5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57, for certain words (w.e.f. 3-1-1977).
\n6. Subs. by ibid., for Entry 2.
\n7. Certain words omitted by ibid.
\n216
\n111.* * * * *
\n12. Libraries, museums and other similar institutions controlled or financed by the State; ancient and
\nhistorical monuments and records other than those 2
\n[declared by or under law made by Parliament] to be of
\nnational importance.
\n13. Communications, that is to say, roads, bridges, ferries, and other means of communication not
\nspecified in List I; municipal tramways; ropeways; inland waterways and traffic thereon subject to the
\nprovisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled
\nvehicles.
\n14. Agriculture, including agricultural education and research, protection against pests and prevention
\nof plant diseases.
\n15. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary
\ntraining and practice.
\n16. Pounds and the prevention of cattle trespass.
\n17. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage
\nand water power subject to the provisions of entry 56 of List I.
\n18. Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant,
\nand the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural
\nloans; colonization.
\n3
\n[19. * * * * *
\n20. * * * * *]
\n21. Fisheries.
\n22. Courts of wards subject to the provisions of entry 34 of List I; encumbered and attached estates.
\n23. Regulation of mines and mineral development subject to the provisions of List I with respect to
\nregulation and development under the control of the Union.
\n24. Industries subject to the provisions of 4
\n[entries 7 and 52] of List I.
\n25. Gas and gas-works.
\n26. Trade and commerce within the State subject to the provisions of entry 33 of List III.
\n27. Production, supply and distribution of goods subject to the provisions of entry 33 of List III.
\n28. Markets and fairs.
\n329* * * * *
\n30. Money-lending and money-lenders; relief of agricultural indebtedness.
\n31. Inns and inn-keepers.
\n32. Incorporation, regulation and winding up of corporations, other than those specified in List I, and
\nuniversities; unincorporated trading, literary, scientific, religious and other societies and associations; cooperative societies.
\n33. Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List I; sports,
\nentertainments and amusements.<\/p>\n
1. Entry 11 omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
\n2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for \u201cdeclared by parliament by law\u201d (w.e.f. 1-11-1956).
\n3. Entries 19, 20 and 29 omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
\n4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 28, for \u201centry 52\u201d (w.e.f. 1-11-1956).
\n217
\n34. Betting and gambling.
\n35. Works, lands and buildings vested in or in the possession of the State.
\n1
\n[* * * * *]
\n37. Elections to the Legislature of the State subject to the provisions of any law made by Parliament.
\n38. Salaries and allowances of members of the Legislature of the State, of the Speaker and Deputy
\nSpeaker of the Legislative Assembly and, if there is a Legislative Council, of the Chairman and Deputy
\nChairman thereof.
\n39. Powers, privileges and immunities of the Legislative Assembly and of the members and the
\ncommittees thereof, and, if there is a Legislative Council, of that Council and of the members and the
\ncommittees thereof; enforcement of attendance of persons for giving evidence or producing documents
\nbefore committees of the Legislature of the State.
\n40. Salaries and allowances of Ministers for the State.
\n41. State public services; State Public Service Commission.
\n42. State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the
\nState.
\n43. Public debt of the State.
\n44. Treasure trove.
\n45. Land revenue, including the assessment and collection of revenue, the maintenance of land records,
\nsurvey for revenue purposes and records of rights, and alienation of revenues.
\n46. Taxes on agricultural income.
\n47. Duties in respect of succession to agricultural land.
\n48. Estate duty in respect of agricultural land.
\n49. Taxes on lands and buildings.
\n50. Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral
\ndevelopment.
\n51. Duties of excise on the following goods manufactured or produced in the State and countervailing
\nduties at the same or lower rates on similar goods manufactured or produced elsewhere in India:\u2014
\n(a) alcoholic liquors for human consumption;
\n(b) opium, Indian hemp and other narcotic drugs and narcotics,
\nbut not including medicinal and toilet preparations containing alcohol or any substance included in subparagraph (b) of this entry.
\n2* * * * *
\n53. Taxes on the consumption or sale of electricity.
\n3
\n[54. Taxes on the sale of petroleum crude, high speed diesel, motor spirit (commonly known as petrol),
\nnatural gas, aviation turbine fuel and alcoholic liquor for human consumption, but not including sale in the
\ncourse of inter-State trade or commerce or sale in the course of international trade or commerce of such
\ngoods.]
\n4* * * * *
\n56. Taxes on goods and passengers carried by road or on inland waterways.<\/p>\n
1. Entry 36 omitted by the Constitution (Seventh Amendment) Act, 1956, s. 26 (w.e.f. 1-11-1956).
\n2. Entry 52 omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(b)(i) (w.e.f. 16-9-2016).
\n3. Subs. by the Constitution (Sixth Amendment) Act, 1956, s. 2, for entry 54 (w.e.f. 11-9-1956) and further substituted by the
\nConstitution (One Hundred and First Amendment) Act, 2016, s. 17(b)(ii) (w.e.f. 16-9-2016).
\n4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977) and omitted by the Constitution (One
\nHundred and First Amendment) Act, 2016, s. 17(b)(iii) (w.e.f. 16-9-2016).
\n218
\n57. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including
\ntramcars subject to the provisions of entry 35 of List III.
\n58. Taxes on animals and boats.
\n59. Tolls.
\n60. Taxes on professions, trades, callings and employments.
\n61. Capitation taxes.
\n1
\n[62. Taxes on entertainments and amusements to the extent levied and collected by a Panchayat or a
\nMunicipality or a Regional Council or a District Council.]
\n63. Rates of stamp duty in respect of documents other than those specified in the provisions of List I
\nwith regard to rates of stamp duty.
\n64. Offences against laws with respect to any of the matters in this List.
\n65. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters
\nin this List.
\n66. Fees in respect of any of the matters in this List, but not including fees taken in any court.
\nList III\u2014Concurrent List
\n1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this
\nConstitution but excluding offences against laws with respect to any of the matters specified in List I or
\nList II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid
\nof the civil power.
\n2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the
\ncommencement of this Constitution.
\n3. Preventive detention for reasons connected with the security of a State, the maintenance of public
\norder, or the maintenance of supplies and services essential to the community; persons subjected to such
\ndetention.
\n4. Removal from one State to another State of prisoners, accused persons and persons subjected to
\npreventive detention for reasons specified in entry 3 of this List.
\n5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family
\nand partition; all matters in respect of which parties in judicial proceedings were immediately before the
\ncommencement of this Constitution subject to their personal law.
\n6. Transfer of property other than agricultural land; registration of deeds and documents.
\n7. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts,
\nbut not including contracts relating to agricultural land.
\n8. Actionable wrongs.
\n9. Bankruptcy and insolvency.
\n10. Trust and Trustees.
\n11. Administrators-general and official trustees.
\n2
\n[11A. Administration of Justice; constitution and organisation of all courts, except the Supreme Court
\nand the High Courts.]
\n12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.<\/p>\n
1. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(b)(iv) (w.e.f. 16-9-2016).
\n2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
\n219
\n13. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement
\nof this Constitution, limitation and arbitration.
\n14. Contempt of court, but not including contempt of the Supreme Court.
\n15. Vagrancy; nomadic and migratory tribes.
\n16. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental
\ndeficients.
\n17. Prevention of cruelty to animals.
\n1
\n[17A. Forests.
\n17B. Protection of wild animals and birds.]
\n18. Adulteration of foodstuffs and other goods.
\n19. Drugs and poisons, subject to the provisions of entry 59 of List I with respect to opium.
\n20. Economic and social planning.
\n1
\n[20A. Population control and family planning.]
\n21. Commercial and industrial monopolies, combines and trusts.
\n22. Trade unions; industrial and labour disputes.
\n23. Social security and social insurance; employment and unemployment.
\n24. Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s
\ncompensation, invalidity and old age pensions and maternity benefits.
\n2
\n[25. Education, including technical education, medical education and universities, subject to the
\nprovisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.]
\n26. Legal, medical and other professions.
\n27. Relief and rehabilitation of persons displaced from their original place of residence by reason of the
\nsetting up of the Dominions of India and Pakistan.
\n28. Charities and charitable institutions, charitable and religious endowments and religious
\ninstitutions.
\n29. Prevention of the extension from one State to another of infectious or contagious diseases or pests
\naffecting men, animals or plants.
\n30. Vital statistics including registration of births and deaths.
\n31. Ports other than those declared by or under law made by Parliament or existing law to be major
\nports.
\n32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the
\nrule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject
\nto the provisions of List I with respect to national waterways.
\n3
\n[33. Trade and commerce in, and the production, supply and distribution of,\u2014
\n(a) the products of any industry where the control of such industry by the Union is declared by
\nParliament by law to be expedient in the public interest, and imported goods of the same kind as such
\nproducts;
\n(b) foodstuffs, including edible oilseeds and oils;<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
\n2. Subs. by ibid., for entry 25.
\n3. Subs. by the Constitution (Third Amendment) Act, 1954, s. 2 (w.e.f. 22-2-1955).
\n220
\n(c) cattle fodder, including oilcakes and other concentrates;
\n(d) raw cotton, whether ginned or unginned, and cotton seed; and
\n(e) raw jute.]
\n1
\n[33A. Weights and measures except establishment of standards.]
\n34. Price control.
\n35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be
\nlevied.
\n36. Factories
\n37. Boilers.
\n38. Electricity.
\n39. Newspapers, books and printing presses.
\n40. Archaeological sites and remains other than those 2
\n[declared by or under law made by Parliament]
\nto be of national importance.
\n41. Custody, management and disposal of property (including agricultural land) declared by law to be
\nevacuee property.
\n3
\n[42. Acquisition and requisitioning of property.]
\n43. Recovery in a State of claims in respect of taxes and other public demands, including arrears of
\nland-revenue and sums recoverable as such arrears, arising outside that State.
\n44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates
\nof stamp duty.
\n45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.
\n46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters
\nin this List.
\n47. Fees in respect of any of the matters in this List, but not including fees taken in any court.<\/p>\n
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
\n2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for \u201cdeclared by Parliament by law\u201d(w.e.f. 1-11-1956).
\n3. Subs. by s. 26, ibid.
\n221
\nEIGHTH SCHEDULE
\n[Articles 344(1) and 351]
\nLanguages
\n1. Assamese.
\n2. Bengali.
\n1
\n[3. Bodo.
\n4. Dogri.]
\n2
\n[5.] Gujarati.
\n3
\n[6.] Hindi.
\n3
\n[7.] Kannada.
\n3
\n[8.] Kashmiri.
\n4
\n[
\n3
\n[9.] Konkani.
\n1
\n[10. Maithili.]
\n5
\n[11.] Malayalam.
\n4
\n[
\n6
\n[12.] Manipuri.]
\n6
\n[13.] Marathi.
\n4
\n[
\n6
\n[14.] Nepali.]
\n6
\n[15.]
\n7
\n[Odia].
\n6
\n[16.] Punjabi.
\n6
\n[17.] Sanskrit.
\n1
\n[18. Santhali.]
\n8
\n[
\n9
\n[19.] Sindhi.]
\n10[20. Tamil.
\n10[21. Telugu.
\n10[22. Urdu<\/p>\n
1. Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).
\n2. Entry 3 renumbered as entry 5 by ibid.
\n3. Entries 4 to 7 renumbered as entries 6 to 9 by ibid.
\n4. Ins. by the Constitution (Seventy-first Amendment) Act, 1992, s. 2 (w.e.f. 31-8-1992).
\n5. Entry 8 renumbered as entry 11 by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).
\n6. Entry 9 to 14 renumbered as entry 12 to 17 by ibid.
\n7. Subs. by the Constitution (Ninety-sixth Amendment) Act, 2011, s. 2, for \u201cOriya\u201d (w.e.f. 23-9-2011).
\n8. Added by the Constitution (Twenty-first Amendment) Act, 1967, s. 2 (w.e.f. 10-4-1967).
\n9. Entry 15 renumbered as entry 19 by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).
\n10. Entry 16 to 18 renumbered as entry 20 to 22 by ibid.
\n222
\n1
\n[NINTH SCHEDULE
\n(Article 31B)
\n1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).
\n2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948).
\n3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949).
\n4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949).
\n5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act LXIII of 1949).
\n6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950).
\n7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 (Bombay Act LX of 1950).
\n8. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950
\n(Madhya Pradesh Act I of 1951).
\n9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of
\n1948).
\n10. The Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950 (Madras Act
\nI of 1950).
\n11. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951).
\n12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F (No. LXIX of 1358, Fasli).
\n13. The Hyderabad Jagirs (Commutation) Regulation, 1359F (No. XXV of 1359, Fasli).]
\n2
\n[14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act, 1950 (Bihar Act XXXVIII
\nof 1950).
\n15. The United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948 (U.P. Act XXVI of
\n1948).
\n16. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act LX of 1948).
\n17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted by section 42 of the Insurance
\n(Amendment) Act, 1950 (Act XLVII of 1950).
\n18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951).
\n19. Chapter III-A of the Industries (Development and Regulation) Act, 1951 (Act LXV of 1951), as
\ninserted by section 13 of the Industries (Development and Regulation) Amendment Act, 1953 (Act XXVI
\nof 1953).
\n20. The West Bengal Land Development and Planning Act, 1948 (West Bengal Act XXI of 1948), as
\namended by West Bengal Act XXIX of 1951.]
\n3
\n[21. The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 (Andhra Pradesh Act X of 1961).
\n22. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Validation) Act, 1961
\n(Andhra Pradesh Act XXI of 1961).
\n23. The Andhra Pradesh (Telangana Area) Ijara and Kowli Land Cancellation of Irregular Pattas and
\nAbolition of Concessional Assessment Act, 1961 (Andhra Pradesh Act XXXVI of 1961).<\/p>\n
1. Added by the Constitution (First Amendment) Act, 1951, s. 14 (w.e.f. 18-6-1951).
\n2. Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 5 (w.e.f. 27-4-1955).
\n3. Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 3 (w.e.f. 20-6-1964).
\n223
\n24. The Assam State Acquisition of Lands belonging to Religious or Charitable Institution of Public
\nNature Act, 1959 (Assam Act IX of 1961).
\n25. The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of 1954).
\n26. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
\n(Bihar Act XII of 1962), except section 28 of this Act.
\n27. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954 (Bombay Act I of 1955).
\n28. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957 (Bombay Act XVIII of 1958).
\n29. The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay Act XCVIII of 1958).
\n30. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat Act XVI
\nof 1960).
\n31. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI of 1961).
\n32. The Sagbara and Mehwassi Estates (Proprietary Rights Abolition, etc.) Regulation, 1962 (Gujarat
\nRegulation I of 1962).
\n33. The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act XXXIII of 1963), except in so
\nfar as this Act relates to an alienation referred to in sub-clause (d) of clause (3) of section 2 thereof.
\n34. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Maharashtra Act XXVII of
\n1961).
\n35. The Hyderabad Tenancy and Agricultural Lands (Re-enactment, Validation and Further Amendment)
\nAct, 1961 (Maharashtra Act XLV of 1961).
\n36. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad Act XXI of 1950).
\n37. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961).
\n38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961).
\n39. The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964).
\n40. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh Act XX of 1959).
\n41. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (Madhya Pradesh Act XX of
\n1960).
\n42. The Madras Cultivating Tenants Protection Act, 1955 (Madras Act XXV of 1955).
\n43. The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Madras Act XXIV of 1956).
\n44. The Madras Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961 (Madras Act XXXVIII
\nof 1961).
\n45. The Madras Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961
\n(Madras Act LVII of 1961).
\n46. The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Madras Act LVIII of 1961).
\n47. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952).
\n48. The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957).
\n49. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961).
\n50. The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961 (Mysore Act XXXVI
\nof 1961).
\n51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962).
\n224
\n52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960).
\n53. The Orissa Merged Territories (Village Offices Abolition) Act, 1963 (Orissa Act X of 1963).
\n54. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953).
\n55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955).
\n56. The Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act VIII of 1959).
\n57. The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (Uttar Pradesh
\nAct XVII of 1960).
\n58. The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (Uttar Pradesh Act I of 1961).
\n59. The West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of 1954).
\n60. The West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956).
\n61. The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954).
\n62. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960).
\n63. The Manipur Land Revenue and Land Reforms Act, 1960 (Central Act 33 of 1960).
\n64. The Tripura Land Revenue and Land Reforms Act, 1960 (Central Act 43 of 1960).]
\n1
\n[65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 1969).
\n66. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971).]
\n2
\n[67. The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Andhra
\nPradesh Act 1 of 1973).
\n68. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment)
\nAct, 1972 (Bihar Act I of 1973).
\n69. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment)
\nAct, 1973 (Bihar Act IX of 1973).
\n70. The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of 1972).
\n71. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972 (Gujarat Act 2 of 1974).
\n72. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972).
\n73. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal Pradesh Act 19 of 1973).
\n74. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972).
\n75. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1972 (Madhya Pradesh
\nAct 12 of 1974).
\n76. The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1972 (Madhya
\nPradesh Act 13 of 1974).
\n77. The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act 1 of 1974).
\n78. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973).
\n79. The Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of
\n1973).
\n80. The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (Tamil Nadu
\nAct 24 of 1969).<\/p>\n
1. Ins. by the Constitution (Twenty-ninth Amendment) Act, 1972, s. 2 (w.e.f. 9-6-1972).
\n2. Ins. by the Constitution (Thirty-fourth Amendment) Act, 1974, s. 2 (w.e.f. 7-9-1974).
\n225
\n81. The West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act XII of 1972).
\n82. The West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act XXII of 1964).
\n83. The West Bengal Estates Acquisition (Second Amendment) Act, 1973 (West Bengal Act XXXIII
\nof 1973).
\n84. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972 (Gujarat Act 5 of
\n1973).
\n85. The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of 1974).
\n86. The Tripura Land Revenue and Land Reforms (Second Amendment) Act,1974 (Tripura Act 7 of
\n1974).]
\n1
\n[
\n287.* * * * *]
\n88. The Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951).
\n89. The Requisitioning and Acquisition of Immovable Property Act, 1952 (Central Act 30 of 1952).
\n90. The Mines and Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957).
\n*91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central Act 54 of 1969).
\n2
\n[92. * * * * *]
\n93. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central Act 64 of 1971).
\n94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of 1972).
\n95. The General Insurance Business (Nationalisation) Act, 1972 (Central Act 57 of 1972).
\n96. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 (Central Act 58 of 1972).
\n97. The Sick Textile Undertakings (Taking Over of Management) Act, 1972 (Central Act 72 of 1972).
\n98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act 15 of 1973).
\n99. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973).
\n**100. The Foreign Exchange Regulation Act, 1973 (Central Act 46 of 1973).
\n101. The Alcock Ashdown Company Limited (Acquisition of Undertakings) Act, 1973 (Central
\nAct 56 of 1973).
\n102. The Coal Mines (Conservation and Development) Act, 1974 (Central Act 28 of 1974).
\n103. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central Act 37 of 1974).
\n104. The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central
\nAct 52 of 1974).
\n105. The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central Act 57 of 1974).
\n106. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1964
\n(Maharashtra Act XVI of 1965).
\n107. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1965 (Maharashtra
\nAct XXXII of 1965).<\/p>\n
1. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 5 (w.e.f. 10-8-1975).
\n2. Entries 87 and 92 omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 44 (w.e.f. 20-6-1979).
\n* Rep. by the Competition Act, 2002 (12 of 2003) (w.e.f. 1-9-2009).
\n** Rep. by the Foreign Exchange Management Act, 1999 (42 of 1999) (w.e.f. 1-6-2000).
\n226
\n108. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1968 (Maharashtra
\nAct XVI of 1968).
\n109. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1968
\n(Maharashtra Act XXXIII of 1968).
\n110. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1969 (Maharashtra
\nAct XXXVII of 1969).
\n111. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1969
\n(Maharashtra Act XXXVIII of 1969).
\n112. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1970 (Maharashtra
\nAct XXVII of 1970).
\n113. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1972 (Maharashtra
\nAct XIII of 1972).
\n114. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1973 (Maharashtra
\nAct L of 1973).
\n115. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of 1965).
\n116. The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of 1967).
\n117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of 1967).
\n118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of 1969).
\n119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of 1970).
\n120. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 (Uttar Pradesh
\nAct 18 of 1973).
\n121. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1974 (Uttar Pradesh
\nAct 2 of 1975).
\n122. The Tripura Land Revenue and Land Reforms (Third Amendment) Act, 1975 (Tripura Act 3 of
\n1975).
\n123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971).
\n124. The Dadra and Nagar Haveli Land Reforms (Amendment) Regulation, 1973 (5 of 1973).]
\n1
\n[125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939* (Central Act 4 of 1939).
\n126. The Essential Commodities Act, 1955 (Central Act 10 of 1955).
\n127. The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (Central
\nAct 13 of 1976).
\n128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976).
\n129. The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment)
\nAct, 1976 (Central Act 20 of 1976).
\n2
\n[130.* * * * *]
\n131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of 1976).
\n132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976).<\/p>\n
1. Entries 125 to 188 ins. by the Constitution (Fortieth Amendment) Act, 1976, s. 3 (w.e.f. 27-5-1976).
\n* See now the relevant provisions of the Motor Vehicles Act, 1988 (59 of 1988).
\n2. Entry 130 omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 44 (w.e.f. 20-6-1979).
\n227
\n133. The Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976 (Central Act 59 of
\n1976).
\n134. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam Act 1 of 1957).
\n135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (Bombay Act XCIX
\nof 1958).
\n136. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14 of 1973).
\n137. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976 (Haryana Act 17 of 1976).
\n138. The Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Himachal Pradesh Act 8 of 1974).
\n139. The Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974 (Himachal
\nPradesh Act 18 of 1974).
\n140. The Karnataka Land Reforms (Second Amendment and Miscellaneous Provisions) Act, 1974
\n(Karnataka Act 31 of 1974).
\n141. The Karnataka Land Reforms (Second Amendment) Act, 1976 (Karnataka Act 27 of 1976).
\n142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966).
\n143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969).
\n144. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of 1969).
\n145. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971 (Kerala Act 20 of 1971).
\n146. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Kerala Act 26 of 1971).
\n147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974).
\n148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29 of 1974).
\n149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975).
\n150. The Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated
\nLands) Act, 1975 (Kerala Act 31 of 1975).
\n151. The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of 1976).
\n152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976).
\n153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974 (Madhya Pradesh
\nAct 20 of 1974).
\n154. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1975 (Madhya Pradesh
\nAct 2 of 1976).
\n155. The West Khandesh Mehwassi Estates (Proprietary Rights Abolition, etc.) Regulation, 1961
\n(Maharashtra Regulation 1 of 1962).
\n156. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Maharashtra Act XIV of
\n1975).
\n157. The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act,
\n1972 (Maharashtra Act XXI of 1975).
\n158. The Maharashtra Private Forest (Acquisition) Act, 1975 (Maharashtra Act XXIX of 1975).
\n159. The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment)
\nAmendment Act, 1975 (Maharashtra Act XLVII of 1975).
\n228
\n160. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975 (Maharashtra
\nAct II of 1976).
\n161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952).
\n162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954).
\n163. The Rajasthan Land Reforms and Acquisition of Landowners\u2019 Estates Act, 1963 (Rajasthan Act
\n11 of 1964).
\n164. The Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Act, 1976 (Rajasthan
\nAct 8 of 1976).
\n165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of 1976).
\n166. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17
\nof 1970).
\n167. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Nadu
\nAct 41 of 1971).
\n168. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1972 (Tamil Nadu
\nAct 10 of 1972).
\n169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972
\n(Tamil Nadu Act 20 of 1972).
\n170. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil
\nNadu Act 37 of 1972).
\n171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972
\n(Tamil Nadu Act 39 of 1972).
\n172. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 (Tamil
\nNadu Act 7 of 1974).
\n173. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth Amendment Act, 1972 (Tamil
\nNadu Act 10 of 1974).
\n174. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1974 (Tamil Nadu
\nAct 15 of 1974).
\n175. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1974 (Tamil
\nNadu Act 30 of 1974).
\n176. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1974
\n(Tamil Nadu Act 32 of 1974).
\n177. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1975 (Tamil Nadu
\nAct 11 of 1975).
\n178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1975
\n(Tamil Nadu Act 21 of 1975).
\n179. Amendments made to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar
\nPradesh Act I of 1951) by the Uttar Pradesh Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of
\n1971) and the Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh Act 34 of 1974).
\n180. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976 (Uttar Pradesh
\nAct 20 of 1976).
\n181. The West Bengal Land Reforms (Second Amendment) Act, 1972 (West Bengal Act XXVIII of
\n1972).
\n229
\n182. The West Bengal Restoration of Alienated Land Act, 1973 (West Bengal Act XXIII of 1973).
\n183. The West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal Act XXXIII of 1974).
\n184. The West Bengal Land Reforms (Amendment) Act, 1975 (West Bengal Act XXIII of 1975).
\n185. The West Bengal Land Reforms (Amendment) Act, 1976 (West Bengal Act XII of 1976).
\n186. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central Act 15 of 1976).
\n187. The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Goa, Daman and Diu
\nAct 1 of 1976).
\n188. The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (Pondicherry Act 9 of
\n1974).]
\n1
\n[189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam Act XXIII of 1971).
\n190. The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1974 (Assam Act XVIII of
\n1974).
\n191. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land)
\n(Amendment) Amending Act, 1974 (Bihar Act 13 of 1975).
\n192. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land)
\n(Amendment) Act, 1976 (Bihar Act 22 of 1976).
\n193. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land)
\n(Amendment) Act, 1978 (Bihar Act VII of 1978).
\n194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of 1980).
\n195. The Haryana Ceiling on Land Holdings (Amendment) Act, 1977 (Haryana Act 14 of 1977).
\n196. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1978 (Tamil Nadu
\nAct 25 of 1978).
\n197. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu
\nAct 11 of 1979).
\n198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978 (Uttar Pradesh Act 15 of
\n1978).
\n199. The West Bengal Restoration of Alienated Land (Amendment) Act, 1978 (West Bengal Act XXIV
\nof 1978).
\n200. The West Bengal Restoration of Alienated Land (Amendment) Act, 1980 (West Bengal Act LVI
\nof 1980).
\n201. The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa, Daman and Diu Act 7 of 1964).
\n202. The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) Act, 1976 (Goa, Daman and
\nDiu Act 17 of 1976).]
\n2
\n[203. The Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Andhra Pradesh
\nRegulation 1 of 1959).
\n204. The Andhra Pradesh Scheduled Areas Laws (Extension and Amendment) Regulation, 1963
\n(Andhra Pradesh Regulation 2 of 1963).
\n205. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1970 (Andhra
\nPradesh Regulation 1 of 1970).<\/p>\n
1. Entries 189 to 202 ins. by the Constitution (Forty-seventh Amendment) Act, 1984, s. 2 (w.e.f. 26-8-1984).
\n2. Entries 203 to 257 ins. by the Constitution (Sixty-sixth Amendment) Act, 1990, s. 2 (w.e.f. 7-6-1990).
\n230
\n206. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1971 (Andhra
\nPradesh Regulation 1 of 1971).
\n207. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1978 (Andhra
\nPradesh Regulation 1 of 1978).
\n208. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885).
\n209. The Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) (Chapter VIII\u2014sections 46, 47, 48,
\n48A and 49; Chapter X\u2014sections 71, 71A and 71B; and Chapter XVIII\u2014sections 240, 241 and 242).
\n210. The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act 14 of 1949)
\nexcept section 53.
\n211. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969).
\n212. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land)
\n(Amendment) Act, 1982 (Bihar Act 55 of 1982).
\n213. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of 1969).
\n214. The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37 of 1976).
\n215. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976 (President’s Act 43 of 1976).
\n216. The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977 (Gujarat Act 27 of 1977).
\n217. The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30 of 1977).
\n218. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (Gujarat Act 37 of 1980).
\n219. The Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Act,
\n1982 (Gujarat Act 8 of 1982).
\n220. The Himachal Pradesh Transfer of Land (Regulation) Act, 1968 (Himachal Pradesh Act 15 of
\n1969).
\n221. The Himachal Pradesh Transfer of Land (Regulation) (Amendment) Act, 1986 (Himachal Pradesh
\nAct 16 of 1986).
\n222. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)
\nAct, 1978 (Karnataka Act 2 of 1979).
\n223. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978).
\n224. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of 1981).
\n225. The Madhya Pradesh Land Revenue Code (Third Amendment) Act, 1976 (Madhya Pradesh Act
\n61 of 1976).
\n226. The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 (Madhya Pradesh Act 15 of
\n1980).
\n227. The Madhya Pradesh Akrishik Jot Uchchatam Seema Adhiniyam, 1981 (Madhya Pradesh Act 11
\nof 1981).
\n228. The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1976 (Madhya
\nPradesh Act 1 of 1984).
\n229. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1984 (Madhya Pradesh
\nAct 14 of 1984).
\n230. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1989 (Madhya Pradesh
\nAct 8 of 1989).
\n231
\n231. The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of 1966), sections 36, 36A and
\n36B.
\n232. The Maharashtra Land Revenue Code and the Maharashtra Restoration of Lands to Scheduled
\nTribes (Second Amendment) Act, 1976 (Maharashtra Act 30 of 1977).
\n233. The Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain
\nLands Act, 1985 (Maharashtra Act 16 of 1985).
\n234. The Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation,
\n1956 (Orissa Regulation 2 of 1956).
\n235. The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa Act 29 of 1976).
\n236. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976).
\n237. The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa Act 44 of 1976).
\n238. The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act 12 of 1984).
\n239. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of 1984).
\n240. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of 1987).
\n241. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1979
\n(Tamil Nadu Act 8 of 1980).
\n242. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1980 (Tamil Nadu
\nAct 21 of 1980).
\n243. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1981 (Tamil Nadu
\nAct 59 of 1981).
\n244. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1983
\n(Tamil Nadu Act 2 of 1984).
\n245. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh Act 20 of 1982).
\n246. The West Bengal Land Reforms (Amendment) Act, 1965 (West Bengal Act 18 of 1965).
\n247. The West Bengal Land Reforms (Amendment) Act, 1966 (West Bengal Act 11 of 1966).
\n248. The West Bengal Land Reforms (Second Amendment) Act, 1969 (West Bengal Act 23 of 1969).
\n249. The West Bengal Estate Acquisition (Amendment) Act, 1977 (West Bengal Act 36 of 1977).
\n250. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act 44 of 1979).
\n251. The West Bengal Land Reforms (Amendment) Act, 1980 (West Bengal Act 41 of 1980).
\n252. The West Bengal Land Holding Revenue (Amendment) Act, 1981 (West Bengal Act 33 of 1981).
\n253. The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981 (West Bengal Act 37 of
\n1981).
\n254. The West Bengal Land Holding Revenue (Amendment) Act, 1982 (West Bengal Act 23 of 1982).
\n255. The Calcutta Thikka Tenancy (Acquisition and Regulation) (Amendment) Act, 1984 (West Bengal
\nAct 41 of 1984).
\n256. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968).
\n257. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1 of 1981).]
\n232
\n1
\n[257A. The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of
\nSeats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993
\n(Tamil Nadu Act 45 of 1994).]
\n2
\n[258. The Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act 4 of 1948).
\n259. The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act 22
\nof 1956).
\n260. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1970
\n(Bihar Act 7 of 1970).
\n261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1970 (Bihar Act 9 of 1970).
\n262. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1973
\n(Bihar Act 27 of 1975).
\n263. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1981
\n(Bihar Act 35 of 1982).
\n264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment)
\nAct, 1987 (Bihar Act 21 of 1987).
\n265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1989 (Bihar Act 11 of 1989).
\n266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990).
\n267. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)
\n(Amendment) Act, 1984 (Karnataka Act 3 of 1984).
\n268. The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989).
\n269. The Kerala Land Reforms (Second Amendment) Act, 1989 (Kerala Act 2 of 1990).
\n270. The Orissa Land Reforms (Amendment) Act, 1989 (Orissa Act 9 of 1990).
\n271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979).
\n272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2 of 1987).
\n273. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act 12 of 1989).
\n274. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1983 (Tamil Nadu
\nAct 3 of 1984).
\n275. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1986 (Tamil Nadu
\nAct 57 of 1986).
\n276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1987
\n(Tamil Nadu Act 4 of 1988).
\n277. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment (Amendment) Act, 1989
\n(Tamil Nadu Act 30 of 1989).
\n278. The West Bengal Land Reforms (Amendment) Act, 1981 (West Bengal Act 50 of 1981).
\n279. The West Bengal Land Reforms (Amendment) Act, 1986 (West Bengal Act 5 of 1986).
\n280. The West Bengal Land Reforms (Second Amendment) Act, 1986 (West Bengal Act 19 of 1986).<\/p>\n
1. Ins. by the Constitution (Seventy-sixth Amendment) Act, 1994, s. 2 (w.e.f. 31-8-1994).
\n2. Entries 258 to 284 ins. by the Constitution (Seventy-eighth Amendment) Act, 1995, s. 2 (w.e.f. 30-8-1995).
\n233
\n281. The West Bengal Land Reforms (Third Amendment) Act, 1986 (West Bengal Act 35 of 1986).
\n282. The West Bengal Land Reforms (Amendment) Act, 1989 (West Bengal Act 23 of 1989).
\n283. The West Bengal Land Reforms (Amendment) Act, 1990 (West Bengal Act 24 of 1990).
\n284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act 12 of 1991).]
\nExplanation.\u2014Any acquisition made under the Rajasthan Tenancy Act, 1955 (Rajasthan Act III of
\n1955), in contravention of the second proviso to clause (1) of article 31A shall, to the extent of the
\ncontravention, be void.
\n234
\n1
\n[TENTH SCHEDULE
\n[Articles 102(2) and 191(2)]
\nProvisions as to disqualification on ground of defection
\n1. Interpretation.\u2014In this Schedule, unless the context otherwise requires,\u2014
\n(a) \u201cHouse\u201d means either House of Parliament or the Legislative Assembly or, as the case may be, either
\nHouse of the Legislature of a State;
\n(b) \u2018legislature party\u201d, in relation to a member of a House belonging to any political party in
\naccordance with the provisions of paragraph 2 or 2*** paragraph 4, means the group consisting of all
\nthe members of that House for the time being belonging to that political party in accordance with the
\nsaid provisions;
\n(c) \u201coriginal political party\u201d, in relation to a member of a House, means the political party to which
\nhe belongs for the purposes of sub-paragraph (1) of paragraph 2;
\n(d) \u201cparagraph\u201d means a paragraph of this Schedule.
\n2. Disqualification on ground of defection.\u2014(1) Subject to the provisions of 3
\n[paragraphs 4 and 5],
\na member of a House belonging to any political party shall be disqualified for being a member of the
\nHouse\u2014
\n(a) if he has voluntarily given up his membership of such political party; or
\n(b) if he votes or abstains from voting in such House contrary to any direction issued by the political
\nparty to which he belongs or by any person or authority authorised by it in this behalf, without obtaining,
\nin either case, the prior permission of such political party, person or authority and such voting or
\nabstention has not been condoned by such political party, person or authority within fifteen days from
\nthe date of such voting or abstention.
\nExplanation.\u2014For the purposes of this sub-paragraph,\u2014
\n(a) an elected member of a House shall be deemed to belong to the political party, if any, by which
\nhe was set up as a candidate for election as such member;
\n(b) a nominated member of a House shall,\u2014
\n(i) where he is a member of any political party on the date of his nomination as such member,
\nbe deemed to belong to such political party;
\n(ii) in any other case, be deemed to belong to the political party of which he becomes, or, as
\nthe case may be, first becomes, a member before the expiry of six months from the date on which
\nhe takes his seat after complying with the requirements of article 99 or, as the case may be, article
\n188.
\n(2) An elected member of a House who has been elected as such otherwise than as a candidate set up by
\nany political party shall be disqualified for being a member of the House if he joins any political party after
\nsuch election.
\n(3) A nominated member of a House shall be disqualified for being a member of the House if he joins
\nany political party after the expiry of six months from the date on which he takes his seat after complying
\nwith the requirements of article 99 or, as the case may be, article 188.
\n(4) Notwithstanding anything contained in the foregoing provisions of this paragraph, a person who,
\non the commencement of the Constitution (Fifty-second Amendment) Act, 1985, is a member of a House
\n(whether elected or nominated as such) shall,\u2014<\/p>\n
1 Added by the Constitution (Fifty-Second Amendment) Act, 1985, s. 6, (w.e.f. 1-3-1985).
\n2. Certain words omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5 (w.e.f. 1-1-2004)
\n3. Subs. by ibid., for \u201cpara 3, 4 and 5\u201d.
\n235
\n(i) where he was a member of political party immediately before such commencement, be deemed,
\nfor the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such House
\nas a candidate set up by such political party;
\n(ii) in any other case, be deemed to be an elected member of the House who has been elected as
\nsuch otherwise than as a candidate set up by any political party for the purposes of sub-paragraph (2)
\nof this paragraph or, as the case may be, be deemed to be a nominated member of the House for the
\npurposes of sub-paragraph (3) of this paragraph.
\n1
\n[* * * * *]
\n4. Disqualification on ground of defection not to apply in case of merger.\u2014(1) A member of a
\nHouse shall not be disqualified under sub-paragraph (1) of paragraph 2 where his original political party
\nmerges with another political party and he claims that he and any other members of his original political
\nparty\u2014
\n(a) have become members of such other political party or, as the case may be, of a new political
\nparty formed by such merger; or
\n(b) have not accepted the merger and opted to function as a separate group,
\nand from the time of such merger, such other political party or new political party or group, as the case
\nmay be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1)
\nof paragraph 2 and to be his original political party for the purposes of this sub-paragraph.
\n(2) For the purposes of sub-paragraph (1) of this paragraph, the merger of the original political party
\nof a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the
\nmembers of the legislature party concerned have agreed to such merger.
\n5. Exemption.\u2014Notwithstanding anything contained in this Schedule, a person who has been elected
\nto the office of the Speaker or the Deputy Speaker of the House of the People or the Deputy Chairman of
\nthe Council of States or the Chairman or the Deputy Chairman of the Legislative Council of a State or the
\nSpeaker or the Deputy Speaker of the Legislative Assembly of a State, shall not be disqualified under this
\nSchedule,\u2014
\n(a) if he, by reason of his election to such office, voluntarily gives up the membership of the
\npolitical party to which he belonged immediately before such election and does not, so long as he
\ncontinues to hold such office thereafter, rejoin that political party or become a member of another
\npolitical party; or
\n(b) if he, having given up by reason of his election to such office his membership of the political party
\nto which he belonged immediately before such election, rejoins such political party after he ceases to hold
\nsuch office.
\n6. Decision on questions as to disqualification on ground of defection.\u2014(1) If any question arises
\nas to whether a member of a House has become subject to disqualification under this Schedule, the question
\nshall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his
\ndecision shall be final:
\nProvided that where the question which has arisen is as to whether the Chairman or the Speaker of a
\nHouse has become subject to such disqualification, the question shall be referred for the decision of such
\nmember of the House as the House may elect in this behalf and his decision shall be final.
\n(2) All proceedings under sub-paragraph (1) of this paragraph in relation to any question as to
\ndisqualification of a member of a House under this Schedule shall be deemed to be proceedings in
\nParliament within the meaning of article 122 or, as the case may be, proceedings in the Legislature of a
\nState within the meaning of article 212.<\/p>\n
1. Paragraph 3 omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5 (w.e.f. 1-1-2004).
\n236
\n*7. Bar of jurisdiction of courts.\u2014Notwithstanding anything in this Constitution, no court shall have
\nany jurisdiction in respect of any matter connected with the disqualification of a member of a House under
\nthis Schedule.
\n8.Rules.\u2014(1) Subject to the provisions of sub-paragraph (2) of this paragraph, the Chairman or the
\nSpeaker of a House may make rules for giving effect to the provisions of this Schedule, and in particular,
\nand without prejudice to the generality of the foregoing, such rules may provide for\u2014
\n(a) the maintenance of registers or other records as to the political parties, if any, to which different
\nmembers of the House belong;
\n(b) the report which the leader of a legislature party in relation to a member of a House shall furnish
\nwith regard to any condonation of the nature referred to in clause (b) of sub-paragraph (1) of paragraph
\n2 in respect of such member, the time within which and the authority to whom such report shall be
\nfurnished;
\n(c) the reports which a political party shall furnish with regard to admission to such political party
\nof any members of the House and the officer of the House to whom such reports shall be furnished; and
\n(d) the procedure for deciding any question referred to in sub-paragraph (1) of paragraph 6
\nincluding the procedure for any inquiry which may be made for the purpose of deciding such question.
\n(2) The rules made by the Chairman or the Speaker of a House under sub-paragraph (1) of this
\nparagraph shall be laid as soon as may be after they are made before the House for a total period of thirty
\ndays which may be comprised in one session or in two or more successive sessions and shall take effect
\nupon the expiry of the said period of thirty days unless they are sooner approved with or without
\nmodifications or disapproved by the House and where they are so approved, they shall take effect on such
\napproval in the form in which they were laid or in such modified form, as the case may be, and where they
\nare so disapproved, they shall be of no effect.
\n(3) The Chairman or the Speaker of a House may, without prejudice to the provisions of article 105
\nor, as the case may be, article 194, and to any other power which he may have under this Constitution
\ndirect that any wilful contravention by any person of the rules made under this paragraph may be dealt
\nwith in the same manner as a breach of privilege of the House.]<\/p>\n
* Paragraph 7 declared invalid for want of ratification in accordance with the proviso to cl. (2) of article 368 as per majority
\nopinion in Kihoto Hollohon Vs. Zachilhu and others AIR 1993 SC 412.
\n237
\n1
\n[ELEVENTH SCHEDULE
\n(Article 243G)
\n1. Agriculture, including agricultural extension.
\n2. Land improvement, implementation of land reforms, land consolidation and soil conservation.
\n3. Minor irrigation, water management and watershed development.
\n4. Animal husbandry, dairying and poultry.
\n5. Fisheries.
\n6. Social forestry and farm forestry.
\n7. Minor forest produce.
\n8. Small scale industries, including food processing industries.
\n9. Khadi, village and cottage industries.
\n10. Rural housing.
\n11. Drinking water.
\n12. Fuel and fodder.
\n13. Roads, culverts, bridges, ferries, waterways and other means of communication.
\n14. Rural electrification, including distribution of electricity.
\n15. Non-conventional energy sources.
\n16. Poverty alleviation programme.
\n17. Education, including primary and secondary schools.
\n18. Technical training and vocational education.
\n19. Adult and non-formal education.
\n20. Libraries.
\n21. Cultural activities.
\n22. Markets and fairs.
\n23. Health and sanitation, including hospitals, primary health centres and dispensaries.
\n24. Family welfare.
\n25. Women and child development.
\n26. Social welfare, including welfare of the handicapped and mentally retarded.
\n27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.
\n28. Public distribution system.
\n29. Maintenance of community assets.]<\/p>\n
1. Added by the Constitution (Seventy-third Amendment) Act, 1992, s. 4 (w.e.f. 24-4-1993).
\n238
\n1
\n[TWELFTH SCHEDULE
\n(Article 243W)
\n1. Urban planning including town planning.
\n2. Regulation of land-use and construction of buildings.
\n3. Planning for economic and social development.
\n4. Roads and bridges.
\n5. Water supply for domestic, industrial and commercial purposes.
\n6. Public health, sanitation conservancy and solid waste management.
\n7. Fire services.
\n8. Urban forestry, protection of the environment and promotion of ecological aspects.
\n9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally
\nretarded.
\n10. Slum improvement and upgradation.
\n11. Urban poverty alleviation.
\n12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
\n13. Promotion of cultural, educational and aesthetic aspects.
\n14. Burials and burial grounds; cremations, cremation grounds; and electric crematoriums.
\n15. Cattle pounds; prevention of cruelty to animals.
\n16. Vital statistics including registration of births and deaths.
\n17. Public amenities including street lighting, parking lots, bus stops and public conveniences.
\n18. Regulation of slaughter houses and tanneries.]<\/p>\n
1. Added by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 4 (w.e.f. 1-6-1993).
\n239
\nAPPENDIX I
\n1THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954
\nC.O. 48
\nIn exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with
\nthe concurrence of the Government of the State of Jammu and Kashmir, is pleased to make the following
\nOrder:\u2014
\n1. (1) This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 1954.
\n(2) It shall come into force on the fourteenth day of May, 1954, and shall thereupon supersede the
\nConstitution (Application to Jammu and Kashmir) Order, 1950.
\n2. 2
\n[The provisions of the Constitution as in force on the 20th day of June, 1964 and as amended
\nby the Constitution (Nineteenth Amendment) Act, 1966, the Constitution (Twenty-first Amendment)
\nAct, 1967, section 5 of the Constitution (Twenty-third Amendment) Act, 1969, the Constitution
\n(Twenty-fourth Amendment) Act, 1971, section 2 of the Constitution (Twenty-fifth Amendment) Act,
\n1971, the Constitution (Twenty-sixth Amendment) Act, 1971, the Constitution (Thirtieth Amendment)
\nAct, 1972, section 2 of the Constitution (Thirty-first Amendment) Act, 1973, section 2 of the
\nConstitution (Thirty-third Amendment) Act, 1974, sections 2, 5, 6 and 7 of the Constitution (Thirtyeighth Amendment) Act, 1975, the Constitution (Thirty-ninth Amendment) Act, 1975, the Constitution
\n(Fortieth Amendment) Act, 1976, sections 2, 3 and 6 of the Constitution (Fifty-second Amendment)
\nAct, 1985 and the Constitution (Sixty-first Amendment) Act, 1988 which, in addition to article 1 and
\narticle 370, shall apply in relation to the State of Jammu and Kashmir and the exceptions and
\nmodifications subject to which they shall so apply shall be as follows:\u2014]
\n(1) THE PREAMBLE.
\n(2) PART I.
\nTo article 3, there shall be added the following further proviso, namely:\u2014
\n\u201cProvided further that no Bill providing for increasing or diminishing the area of the State of
\nJammu and Kashmir or altering the name or boundary of that State shall be introduced in
\nParliament without the consent of the Legislature of that State.\u201d.
\n(3) PART II.
\n(a) This Part shall be deemed to have been applicable in relation to the State of Jammu and
\nKashmir as from the 26th day of January, 1950.
\n(b) To article 7, there shall be added the following further proviso, namely:\u2014
\n\u201cProvided further that nothing in this article shall apply to a permanent resident of the
\nState of Jammu and Kashmir, who, after having so migrated to the territory now included in
\nPakistan, returns to the territory of that State under a permit for resettlement in that State or
\npermanent return issued by or under the authority of any law made by the Legislature of that
\nState, and every such person shall be deemed to be a citizen of India.\u201d.
\n(4) PART III.
\n(a) In article 13, references to the commencement of the Constitution shall be construed as
\nreferences to the commencement of this Order.<\/p>\n
1. Published with the Ministry of Law notification No. S.R.O. 1610, dated the 14th May, 1954, Gazette of India, Extraordinary,
\nPart II, Section 3, page 821.
\n2. The opening words have been successively amended by C.O. 56, C.O. 74, C.O. 76, C.O. 79, C.O. 89, C.O. 91, C.O. 94, C.O.
\n98, C.O. 104, C.O. 105, C.O. 108, C.O. 136 and C.O. 141 to read as above.
\n240
\n1
\n[* * * * *]
\n(c) In clause (3) of article 16, the reference to the State shall be construed as not including
\na reference to the State of Jammu and Kashmir.
\n(d) In article 19, for a period of 2
\n[
\n3
\n[twenty-five] years] from the commencement of this
\nOrder:\u2014
\n(i) in clauses (3) and (4), after the words \u201cin the interests of\u201d, the words \u201cthe security
\nof the State or\u201d shall be inserted;
\n(ii) in clause (5), for the words \u201cor for the protection of the interests of any Scheduled
\nTribes\u201d, the words \u201cor in the interests of the security of the State\u201d shall be substituted; and
\n(iii) the following new clause shall be added, namely:\u2014
\n\u2018(7) The words \u201creasonable restrictions\u201d occurring in clauses (2), (3), (4) and (5)
\nshall be construed as meaning such restrictions as the appropriate Legislature deems
\nreasonable.\u2019.
\n(e) In clauses (4) and (7) of article 22, for the word \u201cParliament\u201d, the words \u201cthe Legislature
\nof the State\u201d shall be substituted.
\n(f) In article 31, clauses (3), (4) and (6) shall be omitted; and for clause (5), there shall be
\nsubstituted the following clause, namely:\u2014
\n\u201c(5) Nothing in clause (2) shall affect\u2014
\n(a) the provisions of any existing law; or
\n(b) the provisions of any law which the State may hereafter make\u2014
\n(i) for the purpose of imposing or levying any tax or penalty; or
\n(ii) for the promotion of public health or the prevention of danger to life or
\nproperty; or
\n(iii) with respect to property declared by law to be evacuee property.\u201d.
\n(g) In article 31A, the proviso to clause (1) shall be omitted; and for sub-clause (a) of clause
\n(2), the following sub-clause shall be substituted, namely:\u2014
\n\u2018(a) \u201cestate\u201d shall mean land which is occupied or has been let for agricultural purposes
\nor for purposes subservient to agriculture, or for pasture, and includes\u2014
\n(i) sites of buildings and other structures on such land;
\n(ii) trees standing on such land;
\n(iii) forest land and wooded waste;
\n(iv) area covered by or fields floating over water;
\n(v) sites of jandars and gharats;
\n(vi) any jagir, inam, muafi or mukarrari or other similar grant, but does not
\ninclude\u2014
\n(i) the site of any building in any town, or town area or village abadi or any
\nland appurtenant to any such building or site;<\/p>\n
1. Cl. (b) omitted by C.O. 124, (w.e.f. 4-12-1985).
\n2. Subs. by C.O. 69, for \u201cten years\u201d.
\n3. Subs. by C.O. 97, for \u201ctwenty\u201d.
\n241
\n(ii) any land which is occupied as the site of a town or village; or
\n(iii) any land reserved for building purposes in a municipality or notified area
\nor cantonment or town area or any area for which a town planning scheme is
\nsanctioned.’.
\n1
\n[(h) In article 32, clause (3) shall be omitted.]
\n(i) In article 35\u2014
\n(i) references to the commencement of the Constitution shall be construed as references
\nto the commencement of this Order;
\n(ii) in clause (a) (i), the words, brackets and figures \u201cclause (3) of article 16, clause (3)
\nof article 32\u201d shall be omitted; and
\n(iii) after clause (b), the following clause shall be added, namely:\u2014
\n\u201c(c) no law with respect to preventive detention made by the Legislature of the
\nState of Jammu and Kashmir, whether before or after the commencement of the
\nConstitution (Application to Jammu and Kashmir) Order, 1954, shall be void on the
\nground that it is inconsistent with any of the provisions of this part, but any such law
\nshall, to the extent of such inconsistency, cease to have effect on the expiration of
\n2
\n[
\n3
\n[twenty-five] years] from the commencement of the said Order, except as respects
\nthings done or omitted to be done before the expiration thereof.\u201d.
\n(j) After article 35, the following new article shall be added, namely:\u2014
\n\u201c35A. Saving of laws with respect to permanent residents and their rights.\u2014
\nNotwithstanding anything contained in this Constitution, no existing law in force in the
\nState of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the
\nState,\u2014
\n(a) defining the classes of persons who are, or shall be, permanent residents of the
\nState of Jammu and Kashmir; or
\n(b) conferring on such permanent residents any special rights and privileges or
\nimposing upon other persons any restrictions as respects\u2014
\n(i) employment under the State Government;
\n(ii) acquisition of immovable property in the State;
\n(iii) settlement in the State; or
\n(iv) right to scholarships and such other forms of aid as the State Government
\nmay provide,
\nshall be void on the ground that it is inconsistent with or takes away or abridges any rights
\nconferred on the other citizens of India by any provision of this Part.\u201d.
\n(5) PART V.
\n4
\n[(a) For the purposes of article 55, the population of the State of Jammu and Kashmir shall
\nbe deemed to be sixty-three lakhs.
\n(b) In article 81, for clauses (2) and (3), the following clauses shall be substituted,
\nnamely:\u2014
\n\u201c(2) For the purposes of sub-clause (a) of clause (1),\u2014<\/p>\n
1. Subs. by C.O. 89.
\n2. Subs. by C.O. 69, for \u201cten years\u201d.
\n3. Subs. by C.O. 97 for \u201ctwenty\u201d.
\n4. Subs. by C.O. 98, for cls. (a) and (b).
\n242
\n(a) there shall be allotted to the State six seats in the House of the People;
\n(b) the State shall be divided into single member territorial constituencies by the
\nDelimitation Commission constituted under the Delimitation Act, 1972, in accordance
\nwith such procedure as the Commission may deem fit;
\n(c) the constituencies shall, as far as practicable, be geographically compact areas,
\nand in delimiting them regard shall be had to physical features, existing boundaries of
\nadministrative units, facilities of communication and public convenience; and
\n(d) the constituencies into which the State is divided shall not comprise the area
\nunder the occupation of Pakistan.
\n(3) Nothing in clause (2) shall affect the representation of the State in the House of the
\nPeople until the dissolution of the House existing on the date of publication in the Gazette
\nof India of the final order or orders of the Delimitation Commission relating to the
\ndelimitation of parliamentary constituencies under the Delimitation Act, 1972.
\n(4) (a) The Delimitation Commission shall associate with itself for the purpose of
\nassisting it in its duties in respect of the State, five persons who shall be members of the
\nHouse of the People representing the State.
\n(b) The persons to be so associated from the State shall be nominated by the Speaker
\nof the House of the People having due regard to the composition of the House.
\n(c) The first nominations to be made under sub-clause (b) shall be made by the Speaker
\nof the House of the People within two months from the commencement of the Constitution
\n(Application to Jammu and Kashmir) Second Amendment Order, 1974.
\n(d) None of the associate members shall have a right to vote or to sign any decision of
\nthe Delimitation Commission.
\n(e) If owing to death or resignation, the office of an associate member falls vacant, it
\nshall be filled as soon as may be practicable by the Speaker of the House of the People and
\nin accordance with the provisions of sub-clauses (a) and (b).\u201d.]
\n1
\n[(c) In article 133, after clause (1), the following clause shall be inserted, namely:\u2014
\n\u2018(1A) The provisions of section 3 of the Constitution (Thirtieth Amendment) Act, 1972,
\nshall apply in relation to the State of Jammu and Kashmir subject to the modification that
\nreferences therein to \u201cthis Act\u201d, \u201cthe commencement of this Act\u201d, \u201cthis Act had not been
\npassed\u201d and \u201cas amended by this Act\u201d shall be construed respectively as references to \u201cthe
\nConstitution (Application to Jammu and Kashmir) Second Amendment Order, 1974\u201d, \u201cthe
\ncommencement of the said Order\u201d, \u201cthe said Order had not been made\u201d and \u201cas it stands
\nafter the commencement of the said Order\u201d.\u2019.]
\n2
\n[(d)] In article 134, clause (2), after the words \u201cParliament may\u201d, the words \u201con the request
\nof the Legislature of the State\u201d shall be inserted.
\n2
\n[(e)] Articles 135 3*** and 139 shall be omitted.
\n4* * * * *<\/p>\n
4* * * * *<\/p>\n
1. Ins. by C.O. 98.
\n2. Cl. (c) and (d) renumbered as cls. (d) and (e), ibid.
\n3. The figures \u201c136\u201d omitted by C.O. 60.
\n4. Cls. (f) and (g) omitted by C.O. 56.
\n243
\n1
\n[(5A) PART VI.
\n2
\n[(a) Articles 153 to 217, article 219, article 221, articles 223, 224, 224A and 225 and
\narticles 227 to 237 shall be omitted.]
\n(b) In article 220, references to the commencement of the Constitution shall be construed as
\nreferences to the commencement of the Constitution (Application to Jammu and Kashmir)
\nAmendment Order, 1960.
\n3
\n[(c) In article 222, after clause (1), the following new clause shall be inserted, namely:\u2014
\n\u201c(1A) Every such transfer from the High Court of Jammu and Kashmir or to that High
\nCourt shall be made after consultation with the Governor.\u201d.]]
\n(6) PART XI.
\n4
\n[(a) In article 246, for the words, brackets and figures \u201cclauses (2) and (3)\u201d occurring in
\nclause (1), the word, brackets and figure \u201cclause (2)\u201d shall be substituted, and the words,
\nbrackets and figure \u201cNotwithstanding anything in clause (3),\u201d occurring in clause (2) and the
\nwhole of clauses (3) and (4) shall be omitted.]
\n5
\n[
\n6
\n[(b) For article 248, the following article shall be substituted, namely:\u2014
\n\u201c248. Residuary powers of legislation.\u2014Parliament has exclusive power to make any
\nlaw with respect to\u2014
\n7
\n[(a) Prevention of activities involving terrorist acts directed towards overawing
\nthe Government as by law established or striking terror in the people or any section of
\nthe people or alienating any section of the people or adversely affecting the harmony
\namongst different sections of the people;
\n8
\n[(aa)]
\n9
\n[Prevention of other activities] directed towards disclaiming, questioning
\nor disrupting the sovereignty and territorial integrity of India or bringing about cession
\nof a part of the territory of India or secession of a part of the territory of India from the
\nUnion or causing insult to the Indian National Flag, the Indian National Anthem and
\nthis Constitution; and
\n(b) taxes on\u2014
\n(i) foreign travel by sea or air;
\n(ii) inland air travel;
\n(iii) postal articles, including money orders, phonograms and telegrams.\u201d.
\n10 [Explanation.\u2014In this article, \u201cterrorist act\u201d means any act or thing by using bombs,
\ndynamite or other explosive substances or inflammable substances or firearms or other lethal
\nweapons or poisons or noxious gases or other chemicals or any other substances (whether biological
\nor otherwise) of a hazardous nature.]<\/p>\n
1. Ins by C.O. 60 (w.e.f. 26-1-1960).
\n2. Subs. by C.O. 39.
\n3. Subs. by C.O. 74 (w.e.f. 24-11-1965).
\n4. Subs. by C.O. 66.
\n5. Cls. (b) and (bb) subs. by C.O. 85, for original cl. (b).
\n6. Subs. by C.O. 93, for cl. (b).
\n7. Ins. by C.O. 122.
\n8. Cl. (a) renumbered as cl. (aa), ibid.
\n9. Subs. by ibid, for \u201cprevention of activities\u201d.
\n10. Ins. by C.O. 122.
\n239
\nTHE CONSTITUTION OF INDIA
\n244
\n1
\n[(bb) In article 249, in clause (1), for the words \u201cany matter enumerated in the State List
\nspecified in the resolution\u201d, the words \u201cany matter specified in the resolution, being a matter
\nwhich is not enumerated in the Union List or in the Concurrent List\u201d shall be substituted.]]
\n(c) In article 250, for the words \u201cto any of the matters enumerated in the State List\u201d, the
\nwords \u201calso to matters not enumerated in the Union List\u201d shall be substituted.
\n2* * * * *
\n(e) To article 253, the following proviso shall be added, namely:\u2014
\n\u201cProvided that after the commencement of the Constitution (Application to Jammu and
\nKashmir) Order, 1954, no decision affecting the disposition of the State of Jammu and
\nKashmir shall be made by the Government of India without the consent of the Government
\nof that State.\u201d.
\n3* * * * *
\n4
\n[(f)] Article 255 shall be omitted.
\n4
\n[(g)] Article 256 shall be re-numbered as clause (1) of that article, and the following new
\nclause shall be added thereto, namely:\u2014
\n\u201c(2) The State of Jammu and Kashmir shall so execise its executive power as to
\nfacilitate the discharge by the Union of its duties and responsibilities under the Constitution
\nin relation to that State; and in particular, the said State shall, if so required by the Union,
\nacquire or requisition property on behalf and at the expense of the Union, or if the property
\nbelongs to the State, transfer it to the Union on such terms as may be agreed, or in default
\nof agreement, as may be determined by an arbitrator appointed by the Chief Justice of
\nIndia.\u201d.
\n5* * * * *
\n6
\n[(h)] In clause (2) of article 261, the words \u201cmade by Parliament\u201d shall be omitted.
\n(7) PART XII.
\n7* * * * *
\n8
\n[(a)] Clause (2) of article 267, article 273, clause (2) of article 283 9
\n[and article 290] shall
\nbe omitted.
\n8
\n[(b)] In articles 266, 282, 284, 298, 299 and 300, references to the State or States shall be
\nconstrued as not including references to the State of Jammu and Kashmir.
\n8
\n[(c)] In articles 277 and 295, references to the commencement of the Constitution shall be
\nconstrued as references to the commencement of this order.<\/p>\n
1. Subs. by C.O. 129.
\n2. Cl. (d) omitted by ibid.
\n3. Cl. (f) omitted by C.O. 66.
\n4. Cls. (g) and (h) renumbered as cls. (f) and (g) ibid.
\n5. Cl. (i) omitted by C.O. 56.
\n6. Cl. (j) renumbered as cl. (i) by C.O. 56 and again renumbered as cl. (h) by C.O. 66.
\n7. Cls. (a) and (b) inserted by C.O. 55 have been omitted by C.O. 56.
\n8. Cls. (a), (b) and (c) [renumbered as cls. (c), (d) and (e) respectively by C.O. 55] have again been renumbered as cls. (a), (b)
\nand (c) respectively by C.O. 56.
\n9. Subs. by C.O. 94, for \u201carticle 290 and 291\u201d.
\n245
\n(8) PART XIII.
\n1*** In clause (1) of article 303, the words \u201cby virtue of any entry relating to trade and commerce
\nin any of the Lists in the Seventh Schedule\u201d shall be omitted.
\n1* * * * *
\n(9) PART XIV.
\n2
\n[In article 312, after the words \u201cthe States\u201d, the brackets and words \u201c(including the State
\nof Jammu and Kashmir)\u201d shall be inserted.]
\n3
\n[(10) PART XV.
\n(a) In clause (1) of article 324, the reference to the Constitution shall, in relation to elections
\nto either House of the Legislature of Jammu and Kashmir, be construed as a reference to the
\nConstitution of Jammu and Kashmir.
\n4
\n[(b) In articles 325, 326, 327 and 329, the reference to a State shall be construed as not
\nincluding a reference to the State of Jammu and Kashmir.
\n(c) Article 328 shall be omitted.]
\n(d) In article 329, the words and figures \u201cor article 328\u201d shall be omitted.]]
\n5
\n[(e) In article 329A, clauses (4) and (5) shall be omitted.]
\n(11) PART XVI.
\n6* * * * *
\n7
\n[(a)] Articles 331, 332, 333, 8
\n[336 and 337] shall be omitted.
\n9
\n[(b)] In articles 334 and 335, references to the State or the States shall be construed as not
\nincluding references to the State of Jammu and Kashmir.
\n10[(c) In clause (1) of article 339, the words \u201cthe administration of the Scheduled Areas
\nand\u201d shall be omitted.]
\n(12) PART XVII.
\nThe provisions of the Part shall apply only in so far as they relate to\u2014
\n(i) the official language of the Union;
\n(ii) the official language for communication between one State and another, or between
\na State and the Union; and
\n(iii) the language of the proceedings in the Supreme Court.<\/p>\n
1. Brackets and letters \u201c(a)\u201d and cl. (b) omitted by C.O. 56.
\n2. Subs. by ibid. for previous modifications.
\n3. Subs. by C.O. 60, for sub-paragraph (10) (w.e.f. 26-1-1960).
\n4. Subs. by C.O. 75, for cls. (b) and (c).
\n5. Ins. by C.O. 105.
\n6. Cl. (a) omitted by C.O. 124.
\n7. Cls. (b) and (c) renumbered as cls. (a) and (b), ibid.
\n8. Subs. by ibid., for \u201c336, 337, 339 and 342\u201d.
\n9. Cls. (b) and (c) renumbered as cls. (a) and (b), ibid.
\n10. Ins. by ibid.
\n246
\n(13) PART XVIII.
\n(a) To article 352, the following new clause shall be added, namely:\u2014
\n“
\n1
\n[(6)] No Proclamation of Emergency made on grounds only of internal disturbance
\nor imminent danger thereof shall have effect in relation to the State of Jammu and Kashmir
\n(except as respects article 354) 2
\n[unless\u2014
\n(a) it is made at the request or with the concurrence of the Government of that
\nState, or
\n(b) where it has not been so made, it is applied subsequently by the President to
\nthat State at the request or with the concurrence of the Government of that State.\u201d;
\n3
\n[(b) In clause (1) of article 356, references to provisions or provision of this Constitution
\nshall, in relation to the State of Jammu and Kashmir, be construed as including references to
\nprovisions or provision of the Constitution of Jammu and Kashmir.]
\n4
\n[(bb) In clause (4) of the article 356, after the second proviso, the following proviso shall
\nbe inserted, namely:\u2014
\n\u2018Provided also that in the case of the Proclamation issued under clause (1) on the 18th
\nday of July, 1990 with respect to the State of Jammu and Kashmir, the reference in the first
\nproviso to this clause to \u201cthree years\u201d shall be construed as a reference to 5
\n[\u201cseven years\u201d].]
\n(c) Article 360 shall be omitted.]
\n(14) PART XIX.
\n6* * * * *
\n7
\n[(a)]
\n8
\n[Article 365] shall be omitted.
\n9* * * * *
\n10[(b)] To article 367, there shall be added the following clause, namely:\u2014
\n\u201c(4) For the purposes of this Constitution as it applies in relation to the State of Jammu
\nand Kashmir\u2014
\n(a) references to this Constitution or to the provisions thereof shall be construed as
\nreferences to the Constitution or the provisions thereof as applied in relation to the said
\nState;
\n11[(aa)] references to the person for the time being recognised by the President on
\nthe recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of
\nJammu and Kashmir, acting on the advice of the Council of Ministers of the State for
\nthe time being in office, shall be construed as references to the Governor of Jammu
\nand Kashmir;<\/p>\n
1. Subs. by C.O. 104, for \u201c(4)\u201d.
\n2. Subs. by C.O. 100, for certain words.
\n3. Subs. by C.O. 71.
\n4. Added by C.O. 151.
\n5. Subs. by C.O. 162, for \u201csix years\u201d.
\n6. Cl. (a) omitted by C.O. 74.
\n7. Cls. (b) and (c) renumbered as cls. (a) and (b) by C.O. 74.
\n8. Subs. by C.O. 94, for \u201cArticles 362 and 365\u201d.
\n9. Original cl. (c) omitted by C.O. 56.
\n10. Cls. (b) and (c) renumbered as cls. (a) and (b) by C.O. 74.
\n11. Subs. by ibid., for cl. (b).
\n247
\n(b) references to the Government of the said State shall be construed as including
\nreferences to the Governor of Jammu and Kashmir acting on the advice of his Council
\nof Ministers:
\nProvided that in respect of any period prior to the 10th day of April, 1965, such
\nreferences shall be construed as including references to the Sadar-i-Riyasat acting on
\nthe advice of his Council of Ministers;]
\n(c) references to a High Court shall include references to the High Court of Jammu
\nand Kashmir;
\n1* * * * *
\n2
\n[(d)] references to the permanent residents of the said State shall be construed as
\nmeaning persons who, before the commencement of the Constitution (Application to
\nJammu and Kashmir) Order, 1954 were recognised as State subjects under the laws in
\nforce in the State or who are recognised by any law made by the Legislature of the
\nState as permanent residents of the State; and
\n3
\n[(e) references to a Governor shall include references to the Governor of Jammu
\nand Kashmir:
\nProvided that in respect of any period prior to the 10th day of April, 1965, such
\nreferences shall be construed as references to the person recognised by the President
\nas the Sadar-i-Riyasat of Jammu and Kashmir and as including references to any
\nperson recognised by the President as being competent to exercise the powers of the
\nSadar-i-Riyasat.\u201d.]
\n(15) PART XX.
\n4
\n[(a)]
\n5
\n[To clause (2) of article 368], the following proviso shall be added, namely:\u2014
\n\u201cProvided further that no such amendment shall have effect in relation to the State of
\nJammu and Kashmir unless applied by order of the President under clause (1) of article
\n370.\u201d.
\n6
\n[(b) After clause (3) of article 368, the following clause shall be added, namely:\u2014
\n\u201c(4) No law made by the Legislature of the State of Jammu and Kashmir seeking to
\nmake any change in or in the effect of any provision of the Constitution of Jammu and
\nKashmir relating to\u2014
\n(a) appointment, powers, functions, duties, emoluments, allowances, privileges or
\nimmunities of the Governor; or
\n(b) superintendence, direction and control of elections by the Election Commission
\nof India, eligibility for inclusion in the electoral rolls without discrimination, adult
\nsuffrage and composition of the Legislative Council, being matters specified in
\nsections 138, 139, 140 and 50 of the Constitution of Jammu and Kashmir,
\nshall have any effect unless such law has, after having been reserved for the consideration of
\nthe President, received his assent.\u201d.]<\/p>\n
1. Cl. (d) omitted by C.O. 56.
\n2. Cl. (e) renumbered as cl. (d), ibid.
\n3. Subs. by C.O. 74, for cl. (e).
\n4. Numbered as cl. (a) by C.O. 101.
\n5. Subs. by C.O. 91, for \u201cTo article 368\u201d.
\n6. Ins. by C.O. 101.
\n248
\n(16) PART XXI.
\n(a) Articles 369, 371, 1
\n[371A],
\n2
\n[372A], 373, clauses (1), (2), (3) and (5) of article 374 and
\n3
\n[articles 376 to 378A and 392] shall be omitted.
\n(b) In article 372\u2014
\n(i) clauses (2) and (3) shall be omitted;
\n(ii) references to the laws in force in the territory of India shall include references to
\nhidayats, ailans, ishtihars, circulars, robkars, irshads, yadashts, State Council Resolutions,
\nResolutions of the Constituent Assembly, and other instruments having the force of law in
\nthe territory of the State of Jammu and Kashmir; and
\n(iii) references to the commencement of the Constitution shall be construed as
\nreferences to the commencement of this Order.
\n(c) In clause (4) of article 374, the reference to the authority functioning as the Privy
\nCouncil of a State shall be construed as a reference to the Advisory Board constituted under
\nthe Jammu and Kashmir Constitution Act, 1996 and references to the commencement of the
\nConstitution shall be construed as references to the commencement of this Order.
\n(17) PART XXII.
\nArticles 394 and 395 shall be omitted.
\n(18) FIRST SCHEDULE.
\n(19) SECOND SCHEDULE.
\n4* * * * *
\n(20) THIRD SCHEDULE.
\nForms V, VI, VII and VIII shall be omitted.
\n(21) FOURTH SCHEDULE.
\n5
\n[(22) SEVENTH SCHEDULE.
\n(a) In the Union List\u2014
\n(i) for entry 3, the entry \u201c3. Administration of cantonments.\u201d shall be substituted;
\n6
\n[(ii) entries 8, 9 7
\n[and 34],
\n8*** entry 79, and the words \u201cInter-State migration\u201d in
\nentry 81 shall be omitted;]
\n9* * * * *
\n10[(iii) in entry 72, the reference to the States shall be construed,\u2014
\n(a) in relation to appeals to the Supreme Court from any decision or order of the
\nHigh Court of the State of Jammu and Kashmir made in an election petition whereby
\nan election to either House of the Legislature of that State has been called in question,
\nas including a reference to the State of Jammu and Kashmir;<\/p>\n
1. Ins. by C.O. 74.
\n2. Ins. by C.O. 56.
\n3. Subs. by ibid., for \u201carticles 376 to 392\u201d.
\n4. Modification relating to paragraph 6 omitted by C.O. 56.
\n5. Subs. by C.O. 66, for sub-paragraph (22).
\n6. Subs. by C.O. 85, for item (ii).
\n7. Subs. by C.O. 92, for \u201c34 and 60\u201d.
\n8. The words and figures \u2018the word \u201cand records\u201d in entry 67 omitted by C.O. 95.
\n9. Original item (iii) omitted by C.O. 74.
\n10. Subs. by C.O. 83, for item (iii).
\n249
\n(b) in relation to other matters, as not including a reference to that State]; 1
\n[and]
\n2
\n[(iv) for entry 97, the following entry shall be substituted, namely:\u2014
\n3
\n[\u201897. Prevention of activities\u2014
\n(a) involving terrorist acts directed towards overawing the Government as by
\nlaw established or striking terror in the people or any section of the people or
\nalienating any section of the people or adversely affecting the harmony amongst
\ndifferent sections of the people;
\n(b) directed towards disclaiming, questioning or disrupting the sovereignty and
\nterritorial integrity of India or bringing about cession of a part of the territory of
\nIndia or secession of a part of the territory of India from the Union or causing insult
\nto the Indian National Flag, the Indian National Anthem and this Constitution,
\ntaxes on foreign travel by sea or air, on inland air travel and on postal articles, including
\nmoney orders, phonograms and telegrams.
\nExplanation.\u2014In this entry, \u201cterrorist act\u201d has the same meaning as in the Explanation to
\narticle 248.\u2019]],
\n(b) The State List shall be omitted.
\n4
\n[(c) In the Concurrent List\u2014
\n5
\n[(i) for entry 1, the following entry shall be substituted, namely:\u2014
\n\u201c1. Criminal law (excluding offences against laws with respect to any of the
\nmatters specified in List I and excluding the use of naval, military or air forces or any
\nother armed forces of the Union in aid of the civil power) in so far as such criminal law
\nrelates to offences against laws with respect to any of the matters specified in this
\nList.\u201d;]
\n6
\n[
\n7
\n[(ia) for entry 2, the following entry shall be substituted, namely:\u2014
\n\u201c2. Criminal procedure (including prevention of offences and constitution and
\norganisation of criminal courts, except the Supreme Court and the High Court) in so
\nfar as it relates to,\u2014
\n(i) offences against laws with respect to any matters being matters with respect
\nto which Parliament has power to make laws; and
\n(ii) administration of oaths and taking of affidavits by diplomatic and consular
\nofficers in any foreign country.\u201d;
\n(ib) for entry 12, the following entry shall be substituted, namely:\u2014
\n\u201c12. Evidence and oaths in so far as they relate to,\u2014
\n(i) administration of oaths and taking of affidavits by diplomatic and consular
\nofficers in any foreign country; and
\n(ii) any other matters being matters with respect to which Parliament has power
\nto make laws.]\u201d;<\/p>\n
1. Ins. by C.O. 85.
\n2. Subs. by C.O. 93, for item (iv).
\n3. Subs. by C.O. 122, for entry 97.
\n4. Subs. by C.O. 69.
\n5. Subs. by C.O. 70, for item (i).
\n6. Ins. by C.O. 94.
\n7. Subs. by C.O. 122, for sub-clauses (ia) and (ib).
\n250
\n(ic) for entry 13, the entry \u201c13. Civil procedure in so far as it relates to administration
\nof oaths and taking of affidavits by diplomatic and consular officers in any foreign
\ncountry.\u201d shall be substituted;]
\n1* * * * *
\n2
\n[
\n3
\n(ii)] for entry 30, the entry \u201c30. Vital statistics in so far as they relate to births and
\ndeaths including registration of births and deaths.\u201d shall be substituted;
\n4* * * * *
\n5
\n[(iii) entry 3, entries 5 to 10 (both inclusive), entries 14, 15, 17, 20, 21, 27, 28, 29, 31,
\n32, 37, 38, 41 and 44 shall be omitted;
\n(iiia) for entry 42, the entry \u201c42. Acquisition and requisitioning of property, so far as
\nregards acquisition of any property covered by entry 67 of List I or entry 40 of List III or
\nof any human work of art which has artistic or aesthetic value.\u201d shall be substituted; and]
\n6
\n[(iv)] in entry 45, for the words and figures \u201cList II or List III\u201d, the words \u201cthis List\u201d
\nshall be substituted.]
\n(23) EIGHTH SCHEDULE.
\n7
\n[(24) NINTH SCHEDULE.
\n8
\n[(a)] After entry 64, the following entries shall be added, namely:\u2014
\n9
\n[64A]. The Jammu and Kashmir State Kuth Act (No. I of Svt. 1978).
\n9
\n[64B]. The Jammu and Kashmir Tenancy Act (No. II of Svt. 1980).
\n9
\n[64C]. The Jammu and Kashmir Alienation of Land Act (No. V of Svt. 1995).
\n10* * * * *
\n11[64D]. The Jammu and Kashmir Big Landed Estates Abolition Act (No. XVII of Svt.
\n2007).
\n11[64E]. Order No. 6-H of 1951, dated the 10th March, 1951, regarding Resumption of
\nJagirs and other assignments of land revenue, etc.
\n12[64F]. The Jammu and Kashmir Restitution of Mortgaged Properties Act, 1976 (Act
\nXIV of 1976).
\n64G. The Jammu and Kashmir Debtors’ Relief Act, 1976 (Act XV of 1976).]
\n13[(b) Entries 87 to 124, inserted by the Constitution (Thirty-ninth Amendment) Act, 1975,
\nshall be renumbered as entries 65 to 102 respectively.]
\n14[(c) Entries 125 to 188 shall be renumbered as entries 103 to 166 respectively.]<\/p>\n
1. Item (ii) and (iii) omitted by C.O. 74.
\n2. Ins. by C.O. 70.
\n3. Item (iv) renumbered as item (ii) by C.O. 74.
\n4. Item (v) and (vi) omitted by C.O. 72.
\n5. Subs. by C.O. 95, for item (iii).
\n6. Item (vi) renumbered as item (iv) by C.O. 74.
\n7. Subs. by ibid., for sub-paragraph (24).
\n8. Numbered by C.O. 105.
\n9. Re-numbered by C.O. 98.
\n10. Omitted by C.O. 106.
\n11. Renumbered by ibid.
\n12. Ins. by C.O. 106.
\n13. Ins. by C.O. 105.
\n14. Ins. by C.O. 108 (w.e.f. 31-12-1977).
\n251
\n1
\n[(25) TENTH SCHEDULE.
\n(a) for the brackets, words and figures \u201c[Articles 102(2) and 191(2)]\u201d, the brackets, word
\nand figures \u201c[Article 102(2)]\u201d shall be substituted;
\n(b) in clause (a) of paragraph 1, the words \u201cor the Legislative Assembly or, as the case may
\nbe, either House of the Legislature of a State\u201d shall be omitted;]
\n(c) in paragraph 2,\u2014
\n(i) in sub-paragraph (1), in sub-clause (ii) of clause (b) of the Explanation, the words
\nand figures \u201cor, as the case may be, article 188\u201d shall be omitted;
\n(ii) in sub-paragraph (3), the words and figures \u201cor, as the case may be, article 188\u201d
\nshall be omitted;
\n(iii) in sub-paragraph (4), the reference to the commencement of the Constitution
\n(Fifty-second Amendment) Act, 1985 shall be construed as a reference to the
\ncommencement of the Constitution (Application to Jammu and Kashmir) Amendment
\nOrder, 1989;
\n(d) in paragraph 5, the words \u201cor the Chairman or the Deputy Chairman of the Legislative
\nCouncil of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State\u201d
\nshall be omitted;
\n(e) in sub-paragraph (2) of paragraph 6, the words and figures \u201cor, as the case may be,
\nproceedings in the Legislature of a State within the meaning of article 212\u201d shall be omitted;
\n(f) in sub-paragraph (3) of paragraph 8, the words and figures \u201cor, as the case may be,
\narticle 194,\u201d shall be omitted.]<\/p>\n
1. Ins. by C.O. 136.
\n252
\nAPPENDIX II
\nRE-STATEMENT, WITH REFERENCE TO THE PRESENT TEXT OF THE CONSTITUTION, OF
\nTHE EXCEPTIONS AND MODIFICATIONS SUBJECT TO WHICH THE CONSTITUTION APPLIES
\nTO THE STATE OF JAMMU AND KASHMIR
\n[Note.\u2014The exceptions and modifications subject to which the Constitution applies to the `State of
\nJammu and Kashmir are either those provided in the Constitution (Application to Jammu and Kashmir)
\nOrder, 1954 or those consequential to the non-application to the State of Jammu and Kashmir of certain
\namendments to the Constitution. All the exceptions and modifications which have a practical significance
\nare included in the re-statement which is only for facility of quick reference. For ascertaining the exact
\nposition, reference will have to be made to the Constitution (Application to Jammu and Kashmir) Order,
\n1954 and to the text of the Constitution on the 20th June, 1964, as amended by the subsequent amendments
\nto the Constitution mentioned in clause 2 of the said Order.]
\n(1) THE PREAMBLE.
\n(a) In the first paragraph, omit \u201cSOCIALIST SECULAR\u201d;
\n(b) in the penultimate paragraph, omit \u201cand integrity\u201d.
\n(2) PART I.
\nArticle 3.\u2014
\n(a) Add the following further proviso, namely:\u2014
\n\u201cProvided further that no Bill providing for increasing or diminishing the area of the State
\nof Jammu and Kashmir or altering the name or boundary of that State shall be introduced in
\nParliament without the consent of the Legislature of that State.\u201d;
\n(b) omit Explanation I and Explanation II.
\n(3) PART II.
\n(a) This Part shall be deemed to have been applicable in relation to the State of Jammu and Kashmir
\nas from the 26th day of January, 1950.
\n(b) Article 7.\u2014Add the following further proviso, namely:\u2014
\n\u201cProvided further that nothing in this article shall apply to a permanent resident of the State of
\nJammu and Kashmir who, after having so migrated to the territory now included in Pakistan, returns
\nto that territory of that State under a permit for resettlement in that State or permanent return issued
\nby or under the authority of any law made by the Legislature of that State, and every such person
\nshall be deemed to be a citizen of India.\u201d.
\n(4) PART III.
\n(a) Article 13.\u2014References to the commencement of the Constitution shall be construed as
\nreferences to the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954
\n(C.O. 48), i.e., the 14th day of May, 1954.
\n* * * * *
\n(c) Article 16.\u2014In clause (3), reference to the State shall be construed as not including a reference
\nto the State of Jammu and Kashmir.
\n(d) Article 19.\u2014
\n(A) In clause (1),\u2014
\n(i) in sub-clause (e), omit \u201cand\u201d at the end;
\n(ii) after sub-clause (e), insert the following clause, namely:\u2014
\n\u201c(f) to acquire, hold and dispose of property; and\u201d;
\n253
\n(B) in clause (5), for \u201csub-clauses (d) and (e)\u201d, substitute \u201csub-clauses (d), (e) and (f)\u201d.
\n(e)Article 22.\u2014In clauses (4) and (7), for \u201cParliament\u201d, substitute \u201cthe Legislature of the
\nState\u201d.
\n(f) Article 30.\u2014Omit clause (1A).
\n(g) After article 30, insert the following, namely:\u2014
\n\u201cRight to Property
\n31. Compulsory acquisition of property.\u2014(1) No person shall be deprived of his property save by
\nauthority of law.
\n(2) No property shall be compulsorily acquired or requisitioned save for a public purpose and save by
\nauthority of a law which provides for acquisition or requisitioning of the property for an amount which may
\nbe fixed by such law or which may be determined in accordance with such principles and given in such
\nmanner as may be specified in such law; and no such law shall be called in question in any court on the
\nground that the amount so fixed or determined is not adequate or that the whole or any part of such amount
\nis to be given otherwise than in cash:
\nProvided that in making any law providing for the compulsory acquisition of any property of an
\neducational institution established and administered by a minority, referred to in clause (1) of article 30, the
\nState shall ensure that the amount fixed by or determined under such law for the acquisition of such property
\nis such as would not restrict or abrogate the right guaranteed under that clause.
\n(2A) Where a law does not provide for the transfer of the ownership or right to possession of any
\nproperty to the State or to a Corporation owned or controlled by the State, it shall not be deemed to provide
\nfor the compulsory acquisition or requisitioning of property, notwithstanding that it deprives any person of
\nhis property.
\n(2B) Nothing in sub-clause (f) of clause (1) of article 19 shall affect any such law as is referred to in
\nclause (2).
\n* * * * *
\n(5) Nothing in clause 2 shall affect\u2014
\n(a) the provisions of any existing law; or
\n(b) the provisions of any law which the State may hereafter make\u2014
\n(i) for the purpose of imposing or levying any tax or penalty; or
\n(ii) for the promotion of public health or the prevention of danger to life or property; or
\n(iii) with respect to property declared by law to be evacuee property.\u201d.
\n* * * * *
\n(h) After article 31, omit the following sub-heading, namely:\u2014
\n\u201cSaving of Certain Laws\u201d
\n(i) Article 31A.\u2014
\n(A) In clause (1),\u2014
\n(i) for \u201carticle 14 or article 19\u201d, substitute \u201carticle 14, article 19 or article 31\u201d;
\n(ii) omit the first proviso to clause (1);
\n(iii) in the second proviso omit \u201cfurther\u201d;
\n(B) in clause (2), for sub-clause (a), substitute the following sub-clause, namely:\u2014
\n\u2018(a) \u201cestate\u201d shall mean land which is occupied or has been let for agricultural purposes
\nor for purposes subservient to agriculture, or for pasture, and includes\u2014
\n(i) sites of buildings and other structures on such land;
\n(ii) trees standing on such land;
\n254
\n(iii) forest land and wooded waste;
\n(iv) area covered by or fields floating over water;
\n(v) sites of jandars and gharats;
\n(vi) any jagir, inam, muafi or mukarrari or other similar grant,
\nbut does not include\u2014
\n(i) the site of any building in any town, or town area or village abadi or any land
\nappurtenant to any such building or site;
\n(ii) any land which is occupied as the site of a town or village; or
\n(iii) any land reserved for building purposes in a municipality or notified area or
\ncantonment or town area or any area for which a town planning scheme is sanctioned;\u2019.
\n(j) Article 31C.\u2014 This article is not applicable to the State of Jammu and Kashmir.
\n(k) Article 32.\u2014 Omit clause (3).
\n(l) Article 35.\u2014
\n(A) References to the commencement of the Constitution shall be construed as references to
\nthe commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954 (C.O.
\n48), i.e., the 14th day of May, 1954;
\n(B) in clause (a) (i), omit \u201cclause (3) of article 16, clause (3) of article 32\u201d;
\n(C) after clause (b), add the following clause, namely:\u2014
\n\u201c(c) no law with respect to preventive detention made by the Legislature of the State of
\nJammu and Kashmir, whether before or after the commencement of the Constitution
\n(Application to Jammu and Kashmir) Order, 1954, shall be void on the ground that it is
\ninconsistent with any of the provisions of this Part, but any such law shall, to the extent of such
\ninconsistency, cease to have effect on the expiration of twenty-five years from the
\ncommencement of the said Order, except as respects things done or omitted to be done before
\nthe expiration thereof.\u201d.
\n(m) After article 35, add the following article, namely:\u2014
\n\u201c35A. Saving of laws with respect to permanent residents and their rights.\u2014Notwithstanding
\nanything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir,
\nand no law hereafter enacted by the Legislature of the State,\u2014
\n(a) defining the classes of persons who are, or shall be, permanent residents of the State of
\nJammu and Kashmir; or
\n(b) conferring on such permanent residents any special rights and privileges or imposing
\nupon other persons any restrictions as respects\u2014
\n(i) employment under the State Government;
\n(ii) acquisition of immovable property in the State;
\n(iii) settlement in the State; or
\n(iv) right to scholarships and such other forms of aid as the State Government may
\nprovide,
\nshall be void on the ground that it is inconsistent with or takes away or abridges any rights
\nconferred on the other citizens of India by any provision of this Part.\u201d.
\n(5) PART IV.\u2014This part is not applicable to the State of Jammu and Kashmir.
\n255
\n(6) PART IVA.\u2014This part is not applicable to the State of Jammu and Kashmir.
\n(7) PART V.\u2014
\n(a) Article 55.\u2014
\n(A) For the purposes of this article, the population of the State of Jammu and Kashmir shall
\nbe deemed to be sixty-three lakhs;
\n(B) in the Explanation omit the proviso.
\n(b)Article 81.\u2014For clauses (2) and (3), substitute the following clauses, namely:\u2014
\n\u201c(2) For the purposes of sub-clause (a) of clause (1),\u2014
\n(a) there shall be allotted to the State six seats in the House of the People;
\n(b) the State shall be divided into single-member territorial constituencies by the
\nDelimitation Commission constituted under the Delimitation Act, 1972, in accordance with
\nsuch procedure as the Commission may deem fit;
\n(c) the constituencies shall, as far as practicable, be geographically compact areas, and in
\ndelimiting them regard shall be had to physical features, existing boundaries of administrative
\nunits, facilities of communication and public convenience; and
\n(d) the constituencies into which the State is divided shall not comprise the area under the
\noccupation of Pakistan.
\n(3) Nothing in clause (2) shall affect the representation of the State in the House of the People
\nuntil the dissolution of the House existing on the date of publication in the Gazette of India of the
\nfinal order or orders of the Delimitation Commission relating to the delimitation of parliamentary
\nconstituencies under the Delimitation Act, 1972.
\n(4) (a) The Delimitation Commission shall associate with itself for the purpose of assisting it
\nin its duties in respect of the State, five persons who shall be members of the House of the People
\nrepresenting the State.
\n(b) The persons to be so associated from the State shall be nominated by the Speaker of the
\nHouse of the People having due regard to the composition of the House.
\n(c) The first nominations to be made under sub-clause (b) shall be made by the Speaker of the
\nHouse of the People within two months from the commencement of the Constitution (Application
\nto Jammu and Kashmir) Second Amendment Order, 1974.
\n(d) None of the associate members shall have a right to vote or to sign any decision of the
\nDelimitation Commission.
\n(e) If owing to death or resignation, the office of an associate member falls vacant, it shall be
\nfilled as soon as may be practicable by the Speaker of the House of the People and in accordance
\nwith the provisions of sub-clauses (a) and (b).\u201d.
\n(c)Article 82.\u2014Omit the second and third provisos.
\n(d)Article 105.\u2014In clause (3), for \u201cshall be those of that House and of its members and committees
\nimmediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment)
\nAct, 1978\u201d substitute \u201cshall be those of the House of Commons of the Parliament of the United
\nKingdom, and of its members and committees, at the commencement of this Constitution.\u201d.
\n(e) For article 132, substitute the following article, namely:\u2014
\n\u2018132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.\u2014
\n(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High
\nCourt in the territory of India, whether in a civil, criminal or other proceeding, if the High Court
\ncertifies that the case involves a substantial question of law as to the interpretation of this
\nConstitution.
\n256
\n(2) Where the High Court has refused to give such a certificate, the Supreme Court may, if it
\nis satisfied that the case involves a substantial question of law as to the interpretation of this
\nConstitution, grant special leave to appeal from such judgment, decree or final order.
\n(3) Where such a certificate is given, or such leave is granted, any party in the case may appeal
\nto the Supreme Court on the ground that any such question as aforesaid has been wrongly decided
\nand, with the leave of the Supreme Court, on any other ground.
\nExplanation.\u2014For the purposes of this article, the expression \u201cfinal order\u201d includes an order
\ndeciding an issue which, if decided in favour of the appellant, would be sufficient for the final
\ndisposal of the case.’.
\n(f)Article 133.\u2014
\n(A) In clause (1), omit \u201cunder article 134A\u201d;
\n(B) after clause (1), insert the following clause, namely:\u2014
\n\u2018(1A) The provisions of section 3 of the Constitution (Thirtieth Amendment) Act, 1972,
\nshall apply in relation to the State of Jammu and Kashmir subject to the modification that
\nreferences therein to \u201cthis Act\u201d, \u201cthe commencement of this Act\u201d, \u201cthis Act had not been
\npassed\u201d and \u201cas amended by this Act\u201d shall be construed respectively as references to \u201cthe
\nConstitution (Application to Jammu and Kashmir) Second Amendment Order, 1974\u201d, \u201cthe
\ncommencement of the said Order\u201d, \u201cthe said Order had not been made\u201d and \u201cas it stands after
\nthe commencement of the said Order\u201d.’.
\n(g)Article 134.\u2014
\n(A) in clause (1), in sub-clause (c), omit \u201cunder article 134A\u201d;
\n(B) in clause (2), after \u201cParliament may\u201d insert \u201con the request of the Legislature of the State\u201d.
\n(h)Articles 134A, 135, 139 and 139A.\u2014These articles are not applicable to the State of Jammu and
\nKashmir.
\n(i)Article 145.\u2014In clause (1), omit sub-clause (cc).
\n(j)Article 150.\u2014For \u201cas the President may, on the advice of the Comptroller and Auditor-General
\nof India, prescribe\u201d substitute \u201cas the Comptroller and Auditor-General of India may, with the approval
\nof the President prescribe\u201d.
\n(8) PART VI.
\n(a) Omit articles 153 to 217, article 219, article 221, articles 223, 224, 224A and 225, articles 227
\nto 233, article 233A and articles 234 to 237.
\n(b) Article 220.\u2014References to the commencement of the Constitution shall be construed as
\nreferences to the commencement of the Constitution (Application to Jammu and Kashmir) Amendment
\nOrder, 1960, i.e., the 26th January, 1960.
\n(c) Article 222.\u2014After clause (1), insert the following clause, namely:\u2014
\n\u201c(1A) Every such transfer from the High Court of Jammu and Kashmir or to that High Court
\nshall be made after consultation with the Governor.\u201d.
\n(d) Article 226.\u2014
\n(A) renumber clause (2) as clause (1A);
\n(B) omit clause (3);
\n(C) renumber clause (4) as clause (2); and in clause (2) as so renumbered, for \u201cthis article\u201d
\nsubstitute \u201cclause (1) or clause (1A)\u201d.
\n257
\n(9) PART VIII.\u2014This part is not applicable to the State of Jammu and Kashmir.
\n(10) PART X.\u2014This part is not applicable to the State of Jammu and Kashmir.
\n(11) PART XI.
\n(a) Article 246.\u2014
\n(A) in clause (1), for \u201cclauses (2) and (3)\u201d substitute \u201cclause (2),\u201d;
\n(B) in clause (2), omit \u201cNotwithstanding anything in clause (3),\u201d;
\n(C) omit clauses (3) and (4).
\n(b) For article 248, substitute the following article, namely:\u2014
\n\u2018248. Residuary powers of legislation.\u2014Parliament has exclusive power to make any law with
\nrespect to\u2014
\n(a) prevention of activities involving terrorist acts directed towards overawing the
\nGovernment as by law established or striking terror in the people or any section of the people
\nor alienating any section of the people or adversely affecting the harmony amongst different
\nsections of the people;
\n(aa) prevention of other activities directed towards disclaiming, questioning or disrupting
\nthe sovereignty and territorial integrity of India or bringing about cession of a part of the
\nterritory of India or secession of a part of the territory of India from the Union or causing insult
\nto the Indian National Flag, the Indian National Anthem and this Constitution; and
\n(b) taxes on\u2014
\n(i)foreign travel by sea or air;
\n(ii) inland air travel;
\n(iii) postal articles, including money orders, phonograms and telegrams.
\nExplanation.\u2014 In this article, \u201cterrorist act\u201d means any act or thing by using bombs,
\ndynamite or other explosive substances or inflammable substances or firearms or other lethal
\nweapons or poisons or noxious gases or other chemicals or any other substances (whether
\nbiological or otherwise) of a hazardous nature.’.
\n(bb) Article 249, in clause (1), for \u201cany matter enumerated in the State List specified in the
\nresolution\u201d, substitute \u201cany matter specified in the resolution, being a matter which is not
\nenumerated in the Union List or in the Concurrent List\u201d.
\n(c)Article 250.\u2014 For \u201cto any of the matters enumerated in the State List\u201d substitute \u201calso
\nto matters not enumerated in the Union List\u201d.
\n(d) Omit clause (d).
\n(e)Article 253.\u2014 Add the following proviso, namely:\u2014
\n\u201cProvided that after the commencement of the Constitution (Application to Jammu and
\nKashmir) Order, 1954, no decision affecting the disposition of the State of Jammu and
\nKashmir shall be made by the Government of India without the consent of the Government
\nof that State.\u201d.
\n(f) Omit article 255.
\n258
\n(g)Article 256.\u2014Renumber this article as clause (1) thereof, and add the following new
\nclause thereto, namely:\u2014
\n\u201c(2) The State of Jammu and Kashmir shall so exercise its executive power as to
\nfacilitate the discharge by the Union of its duties and responsibilities under the Constitution
\nin relation to that State; and in particular, the said State shall, if so required by the Union,
\nacquire or requisition property on behalf and at the expense of the Union, or if the property
\nbelongs to the State, transfer it to the Union on such terms as may be agreed, or in default
\nof agreement, as may be determined by an arbitrator appointed by the Chief Justice of
\nIndia.\u201d.
\n(h) Article 261.\u2014In clause (2), omit \u201cmade by Parliament\u201d.
\n(12) PART XII.
\n(a)Articles 266, 282, 284, 298, 299 and 300.\u2014In these articles references to the State or States shall
\nbe construed as not including references to the State of Jammu and Kashmir;
\n(b) Omit clause (2) of article 267, article 273, clause (2) of article 283 and article 290;
\n(c) Articles 277 and 295.\u2014In these articles references to the commencement of the Constitution
\nshall be construed as references to the commencement of the Constitution (Application to Jammu and
\nKashmir) Order, 1954,i.e., the 14th day of May, 1954;
\n(d) Omit the sub-heading \u201cCHAPTER IV.\u2014RIGHT TO PROPERTY\u201d and article 300A.
\n(13) PART XIII.
\nIn article 303, in clause (1), omit \u201cby virtue of any entry relating to trade and commerce in any of
\nthe Lists in the Seventh Schedule\u201d.
\n(14) PART XIV.
\nExcept in article 312, reference to \u201cState\u201d in this Part does not include the State of Jammu and
\nKashmir.
\n(15) PART XIVA.
\nThis Part is not applicable to the State of Jammu and Kashmir.
\n(16) PART XV.\u2014
\n(a)Article 324.\u2014In clause (1), the reference to the Constitution shall, in relation to elections to
\neither House of the Legislature of Jammu and Kashmir, be construed as a reference to the Constitution
\nof Jammu and Kashmir.
\n(b)Articles 325, 326 and 327.\u2014 In these articles the references to a State shall be construed as not
\nincluding a reference to the State of Jammu and Kashmir.
\n(c) Omit article 328.
\n(d)Article 329.\u2014
\n(A) Reference to a State shall be construed as not including a reference to the State of Jammu
\nand Kashmir;
\n(B) omit \u201cor article 328\u201d.
\n(17) PART XVI. \u2014Original clause (a) omitted and clauses (b) and (c) relettered as clauses (a) and (b).
\n(a) Omit articles 331, 332, 333, 336 and 337.
\n(b)Articles 334 and 335.\u2014References to the State or the States shall be construed as not including
\nreferences to the State of Jammu and Kashmir.
\n259
\n(c)Article 339, in clause (1), omit \u201cthe administration of the Scheduled Areas and\u201d.
\n(18) PART XVII.\u2014The provisions of this Part shall apply to the State of Jammu and Kashmir only
\nin so far as they relate to\u2014
\n(i) the official language of the Union;
\n(ii) the official language for communication between one State and another, or between a State and
\nthe Union; and
\n(iii) the language of the proceedings in the Supreme Court.
\n(19) PART XVIII.
\n(a) For article 352, substitute the following article, namely:\u2014
\n\u201c352. Proclamation of Emergency.\u2014(1) If the President is satisfied that a grave emergency
\nexists whereby the security of India or of any part of the territory thereof is threatened, whether by
\nwar or external aggression or internal disturbance, he may, by Proclamation, make a declaration to
\nthat effect.
\n(2) A Proclamation issued under clause (1)\u2014
\n(a) may be revoked by a subsequent Proclamation;
\n(b)shall be laid before each House of Parliament;
\n(c) shall cease to operate at the expiration of two months unless before the expiration of that
\nperiod it has been approved by resolutions of both Houses of Parliament:
\nProvided that if any such Proclamation is issued at a time when the House of the People has been
\ndissolved or the dissolution of the House of the People takes place during the period of two months
\nreferred to in sub-clause (c), and if a resolution approving the Proclamation has been passed by the
\nCouncil of States but no resolution with respect to such Proclamation has been passed by the House
\nof the People before the expiration of that period, the Proclamation shall cease to operate at the
\nexpiration of thirty days from the date on which the House of the People first sits after its
\nreconstitution unless before the expiration of the said period of thirty days a resolution approving the
\nProclamation has been also passed by the House of the people.
\n(3) A Proclamation of Emergency declaring that the security of India or of any part of the territory
\nthereof is threatened by war or by external aggression or by internal disturbance may be made before
\nthe actual occurrence of war or of any such aggression or disturbance if the President is satisfied that
\nthere is imminent danger thereof.
\n(4) The power conferred on the President by this article shall include the power to issue different
\nProclamations on different grounds, being war or external aggression or internal disturbance or
\nimminent danger of war or external aggression or internal disturbance, whether or not there is a
\nProclamation already issued by the President under clause (1) and such Proclamation is in operation.
\n(5) Notwithstanding anything in the Constitution,\u2014
\n(a) the satisfaction of the President mentioned in clause (1) and clause (3) shall be final and
\nconclusive and shall not be questioned in any court on any ground;
\n(b) subject to the provisions of clause (2), neither the Supreme Court nor any other Court shall
\nhave jurisdiction to entertain any question, on any ground, regarding the validity of \u2014
\n(i) a declaration made by Proclamation by the President to the effect stated in clause (1);
\nor
\n(ii) the continued operation of such Proclamation.
\n260
\n(6) No Proclamation of Emergency made on grounds only of internal disturbance or imminent
\ndanger thereof shall have effect in relation to the State of Jammu and Kashmir (except as respects article
\n354) unless\u2014
\n(a) it is made at the request or with the concurrence of the Government of that State; or
\n(b) where it has not been so made, it is applied subsequently by the President to that State at
\nthe request or with the concurrence of the Government of that State.\u201d.
\n(b)Article 353.\u2014 Omit the proviso.
\n(c)Article 356.\u2014
\n(A) In clause (1), reference to provisions or provision of this Constitution shall, in relation to
\nthe State of Jammu and Kashmir, be construed as including references to provisions or provision
\nof the Constitution of Jammu and Kashmir;
\n(B) in clause (4),\u2014
\n(i) for the opening portion, substitute the following, namely:\u2014
\n\u201cA Proclamation so approved shall, unless revoked, cease to operate on the expiration
\nof a period of six months from the date of the passing of the second of the resolutions
\napproving the Proclamation under clause (3)\u201d;
\n(ii) after the second proviso, the following proviso shall be inserted, namely:\u2014
\n\u2018Provided also that in the case of the Proclamation issued under clause (1) on the 18th day
\nof July, 1990 with respect to the State of Jammu and Kashmir, the reference in the first proviso
\nto this clause to \u201cthree years\u201d shall be construed as a reference to \u201cseven years\u201d.\u2019.
\n(C) for clause (5), substitute the following clause, namely:\u2014
\n\u201c(5) Notwithstanding anything in this Constitution, the satisfaction of the President
\nmentioned in clause (1) shall be final and conclusive and shall not be questioned in any court
\non any ground.\u201d.
\n(d) Article 357.\u2014For clause (2), substitute the following clause, namely:\u2014
\n\u201c(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the
\nPresident or other authority referred to in sub-clause (a) of clause (1) which Parliament or the
\nPresident or such other authority would not, but for the issue of a Proclamation under article 356,
\nhave been competent to make shall, to the extent of the incompetency, cease to have effect on the
\nexpiration of a period of one year after the Proclamation has ceased to operate except as respects
\nthings done or omitted to be done before the expiration of the said period, unless the provisions
\nwhich shall so cease to have effect are sooner repealed or re-enacted with or without modification
\nby Act of the appropriate Legislature.\u201d.
\n(e) For article 358, substitute the following article, namely:\u2014
\n\u201c358. Suspension of provisions of article 19 during emergencies.\u2014While a Proclamation of
\nEmergency is in operation, nothing in article 19 shall restrict the power of the State as defined in
\nPart III to make any law or to take any executive action which the State would but for the provisions
\ncontained in that Part be competent to make or to take, but any law so made shall, to the extent of
\nthe incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as
\nrespects things done or omitted to be done before the law so ceases to have effect.\u201d.
\n(f) Article 359,\u2014
\n(A) in clause (1) omit \u201c(except articles 20 and 21)\u201d;
\n(B) in clause (1A),\u2014
\n261
\n(i) omit \u201c(except articles 20 and 21)\u201d;
\n(ii) omit the proviso;
\n(C) omit clause (1B);
\n(D) in clause (2), omit the proviso.
\n(g) omit article 360.
\n(20) PART XIX.
\n(a)Article 361A.\u2014This article is not applicable to the State of Jammu and Kashmir.
\n(b) Omit article 365.
\n(c)Article 367.\u2014After clause (3), add the following clause, namely:\u2014
\n\u201c(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and
\nKashmir \u2014
\n(a) references to this Constitution or to the provisions thereof shall be construed as
\nreferences to the Constitution or the provisions thereof as applied in relation to the said State;
\n(aa) references to the person for the time being recognised by the President on the
\nrecommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and
\nKashmir, acting on the advice of the Council of Ministers of the State for the time being in office,
\nshall be construed as references to the Governor of Jammu and Kashmir;
\n(b) references to the Government of the said State shall be construed as including
\nreferences to the Governor of Jammu and Kashmir acting on the advice of his Council of
\nMinisters:
\nProvided that in respect of any period prior to the 10th day of April, 1965, such references
\nshall be construed as including references to the Sadar-i-Riyasat acting on the advice of his
\nCouncil of Ministers;
\n(c) references to a High Court shall include references to the High Court of Jammu and
\nKashmir;
\n(d) references to the permanent residents of the said State shall be construed as meaning
\npersons who, before the commencement of the Constitution (Application to Jammu and
\nKashmir) Order, 1954, were recognised as State subjects under the laws in force in the State or
\nwho are recognised by any law made by the Legislature of the State as permanent residents of
\nthe State; and
\n(e) references to a Governor shall include references to the Governor of Jammu and
\nKashmir:
\nProvided that in respect of any period prior to the 10th day of April, 1965, such references
\nshall be construed as references to the person recognised by the President as the Sadar-i-Riyasat
\nof Jammu and Kashmir and as including references to any person recognised by the President
\nas being competent to exercise the powers of the Sadar-i -Riyasat.\u201d.
\n(21) PART XX.
\nArticle 368.\u2014
\n(a) in clause (2), add the following further proviso, namely:\u2014
\n\u201cProvided further that no such amendment shall have effect in relation to the State of Jammu
\nand Kashmir unless applied by order of the President under clause (1) of article 370.\u201d;
\n(b) omit clauses (4) and (5) and after clause (3) add the following clause, namely :\u2014
\n262
\n\u201c(4) No law made by the Legislature of the State of Jammu and Kashmir seeking to make
\nany change in or in the effect of any provision of the Constitution of Jammu and Kashmir
\nrelating to:\u2014
\n(a) appointment, powers, functions, duties, emoluments, allowances, privileges or
\nimmunities of the Governor; or
\n(b) superintendence, direction and control of elections by the Election Commission of
\nIndia, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage
\nand composition of the Legislative Council, being matters specified in sections 138, 139,
\n140 and 50 of the Constitution of Jammu and Kashmir,
\nshall have any effect unless such law has, after having been reserved for the consideration of the
\nPresident, received his assent.\u201d.
\n(22) PART XXI.\u2014
\n(a) Omit articles 369, 371, 371A, 372A, 373 and articles 376 to 378A and 392.
\n(b) Article 372.\u2014
\n(A) omit clauses (2) and (3) ;
\n(B) references to the laws in force in the territory of India shall include references to hidayats,
\nailans, ishtihars, circulars, robkars, irshads, yadashts, State Council Resolutions, Resolutions of
\nthe Constituent Assembly, and other instruments having the force of law in the territory of the State
\nof Jammu and Kashmir;
\n(C) references to the commencement of the Constitution shall be construed as references to the
\ncommencement of the Constitution (Application to Jammu and Kashmir) Order, 1954 (C.O.48),
\ni.e., the 14th day of May, 1954.
\n(c) Article 374. \u2014
\n(A) omit clauses (1), (2), (3) and (5);
\n(B) in clause (4), the reference to the authority functioning as the Privy Council of a State shall
\nbe construed as a reference to the Advisory Board constituted under the Jammu and Kashmir
\nConstitution Act, Svt. 1996, and references to the commencement of the Constitution shall be
\nconstrued as references to the commencement of the Constitution (Application to Jammu and
\nKashmir) Order, 1954, i.e., the 14th day of May, 1954.
\n(23) PART XXII.\u2014Omit articles 394 and 395.
\n(24) THIRD SCHEDULE.\u2014Omit forms V,VI,VII and VIII.
\n(25) FIFTH SCHEDULE.\u2014This Schedule is not applicable to the State of Jammu and Kashmir.
\n(26) SIXTH SCHEDULE.\u2014This Schedule is not applicable to the State of Jammu and Kashmir.
\n(27) SEVENTH SCHEDULE.\u2014
\n(a) List I \u2014Union List:\u2014
\n(A) omit entry 2A;
\n(B) for entry 3, substitute the following entry, namely:\u2014
\n\u201c3. Administration of cantonments.\u201d:
\n(C) omit entries 8, 9, 34 and 79;
\n(D) in entry 72, the reference to the States shall be construed.\u2014
\n(i) in relation to appeals to the Supreme Court from any decision or order of the High Court
\nof the State of Jammu and Kashmir made in an election petition whereby an election to either
\nHouse of the Legislature of that State has been called in question, as including a reference to
\nthe State of Jammu and Kashmir;
\n(ii) in relation to other matters, as not including a reference to that State;
\n263
\n(E) in entry 81, omit \u201cInter-State migration\u201d;
\n(F) for entry 97, substitute the following entry, namely:\u2014
\n\u201897. Prevention of activities\u2014
\n(a) involving terrorist acts directed towards overawing the Government as by law
\nestablished or striking terror in the people or any section of the people or alienating any
\nsection of the people or adversely affecting the harmony amongst different sections of the
\npeople;
\n(b) directed towards disclaiming, questioning or disrupting the sovereignty and
\nterritorial integrity of India or bringing about cession of a part of the territory of India or
\nsecession of a part of the territory of India from the Union or causing insult to the Indian
\nNational Flag, the Indian National Anthem and this Constitution;
\ntaxes on foreign travel by sea or air, on inland air travel and on postal articles, including money
\norders, phonograms and telegrams.
\nExplanation.\u2014 In this entry, \u201cterrorist act\u201d has the same meaning as in the Explanation to article
\n248.\u2019.
\n(b) Omit List II\u2014State List.
\n(c) List III\u2014 Concurrent List.\u2014
\n(A) for entry 1, substitute the following entry, namely:\u2014
\n\u201c1. Criminal law (excluding offences against laws with respect to any of the matters
\nspecified in List I and excluding the use of naval, military or air forces or any other armed
\nforces of the Union in aid of the civil power) in so far as such criminal law relates to offences
\nagainst laws with respect to any of the matters specified in this List.\u201d;
\n(B) for entry 2, substitute the following entry, namely:\u2014
\n\u201c2. Criminal procedure (including prevention of offences and constitution and organisation
\nof criminal courts, except the Supreme Court and the High Court) in so far as it relates to,\u2014
\n(i) offences against laws with respect to any matters being matters with respect to
\nwhich Parliament has power to make laws; and
\n(ii)administration of oaths and taking of affidavits by diplomatic and consular officers
\nin any foreign country.\u201d;
\n(C) omit entry 3, entries 5 to 10 (both inclusive), entries 14, 15, 17, 20, 24, 27, 28, 29, 31, 32,
\n37, 38, 41 and 44;
\n(D) entries 11A, 17A, 17B, 20A and 33A are not applicable to the State of Jammu and Kashmir;
\n(E) for entry 12, substitute the following entry, namely:\u2014
\n\u201c12. Evidence and oaths in so far as they relate to,\u2014
\n(i) administration of oaths and taking of affidavits by diplomatic and consular officers
\nin any foreign country; and
\n(ii) any other matter being matters with respect to which Parliament has power to make
\nlaws.\u201d;
\n(F) for entry 13, substitute the following entry, namely:\u2014
\n\u201c13. Civil procedure in so far as it relates to administration of oaths and taking of affidavits by
\ndiplomatic and consular officers in any foreign country.\u201d;
\n(G) for entry 25, substitute the following entry, namely:\u2014
\n\u201c25. Vocational and technical training of labour.\u201d;
\n264
\n(H) for entry 30, substitute the following entry, namely:\u2014
\n\u201c30. Vital statistics in so far as they relate to births and deaths including registration of births
\nand deaths.\u201d;
\n(I)for entry 42, substitute the following entry, namely:\u2014
\n\u201c42 Acquisition and requisitioning of property, so far as regards acquisition of any property
\ncovered by entry 67 of List I or entry 40 of List III or of any human work of art which has artistic or
\naesthetic value.\u201d;
\n(J) in entry 45, for \u201cList II or List III\u201d substitute \u201cthis List\u201d.
\n(28) NINTH SCHEDULE.\u2014
\n(a)after entry 64, add the following entries, namely:\u2014
\n\u201c64A. The Jammu and Kashmir State Kuth Act (No. 1 of Svt.1978).
\n64B. The Jammu and Kashmir Tenancy Act (No. II of Svt. 1980).
\n64C. The Jammu and Kashmir Alienation of Land Act (No. V of Svt. 1995).
\n64D. The Jammu and Kashmir Big Landed Estates Abolition Act (No. XVII of Svt. 2007).
\n64E. Order No. 6-H of 1951, dated the 10th March, 1951, regarding Resumption of Jagirs and
\nother assignments of land revenue, etc.
\n64F. The Jammu and Kashmir Restitution of Mortgaged Properties Act, 1976 (Act XIV of
\n1976).
\n64G. The Jammu and Kashmir Debtors\u2019 Relief Act, 1976 (Act XV of 1976).\u201d.
\n(b) entries 65 to 86 are not applicable to the State of Jammu and Kashmir;
\n(c) after entry 86, insert the following entry, namely:\u2014
\n\u201c87. The Representation of the People Act, 1951 (Central Act 43 of 1951), the Representation
\nof the People (Amendment) Act, 1974 (Central Act 58 of 1974) and the Election Laws
\n(Amendment) Act, 1975 (Central Act 40 of 1975).\u201d;
\n(d) after entry 91, insert the following entry, namely:\u2014
\n\u201c92. The maintenance of Internal Security Act, 1971 (Central Act 26 of 1971).\u201d;
\n(e) after entry 129, insert the following entry, namely:\u2014
\n\u201c130. The Prevention of Publication of Objectionable Matter Act, 1976 (Central Act 27 of
\n1976).\u201d;
\n(f) after insertion of the entries 87, 92 and 130 as indicated above, renumber entries 87 to 188 as
\nentries 65 to 166 respectively.
\n(29) TENTH SCHEDULE.\u2014
\n(a) for the brackets, words and figures \u201c[Articles 102(2) and 191(2)]\u201d, the brackets, word and
\nfigures \u201c[Article 102(2)]\u201d shall be substituted;
\n(b) in clause (a) of paragraph 1, the words \u201cor the Legislative Assembly or, as the case may be,
\neither House of the Legislature of a State\u201d shall be omitted;
\n(c) in paragraph 2,\u2014
\n(i) in sub-paragraph (1), in sub-clause (ii) of clause (b) of the Explanation, the words and
\nfigures \u201cor, as the case may be, article 188\u201d shall be omitted;
\n(ii) in sub-paragraph (3), the words and figures \u201cor, as the case may be, article 188\u201d shall be
\nomitted;
\n265
\n(iii) in sub-paragraph (4), the reference to the commencement of the Constitution (Fifty-second
\nAmendment) Act, 1985 shall be construed as a reference to the commencement of the Constitution
\n(Application to Jammu and Kashmir) Amendment Order, 1989;
\n(d) in paragraph 5, the words \u201cor the Chairman or the Deputy Chairman of the Legislative Council
\nof a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State\u201d shall be omitted;
\n(e) in sub-paragraph (2) of paragraph 6, the words and figures \u201cor, as the case may be, proceedings
\nin the Legislature of a State within the meaning of article 212\u201d shall be omitted;
\n(f) in sub-paragraph (3) of paragraph 8, the words and figures \u201cor, as the case may be, article 194,\u201d shall
\nbe omitted.
\n266
\nAPPENDIX-III
\nEXTRACTS FROM THE CONSTITUTION (FORTY-FOURTH
\nAMENDMENT) ACT, 1978
\n* * * * *
\n1. Short title and commencement.\u2014(1) ***
\n(2) It shall come into force on such date as the Central Government may, by notification in the Official
\nGazette, appoint and different dates may be appointed for different provisions of this Act.
\n* * * * *
\n3. Amendment of article 22.\u2014In article 22 of the Constitution,\u2014
\n(a) for clause (4), the following clause shall be substituted, namely:\u2014
\n\u2018(4) No law providing for preventive detention shall authorise the detention of a person for a longer
\nperiod than two months unless an Advisory Board constituted in accordance with the recommendations
\nof the Chief Justice of the appropriate High Court has reported before the expiration of the said period
\nof two months that there is in its opinion sufficient cause for such detention:
\nProvided that an Advisory Board shall consist of a Chairman and not less than two other
\nmembers, and the Chairman shall be a serving Judge of the appropriate High Court and the other
\nmembers shall be serving or retired Judges of any High Court:
\nProvided further that nothing in this clause shall authorise the detention of any person beyond the
\nmaximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7).
\nExplanation.\u2014In this clause, \u201cappropriate High Court\u201d means,\u2014
\n(i) in the case of the detention of a person in pursuance of an order of detention made by the
\nGovernment of India or an officer or authority subordinate to that Government, the High Court for
\nthe Union territory of Delhi;
\n(ii) in the case of the detention of a person in pursuance of an order of detention made by
\nthe Government of any State (other than a Union territory), the High Court for that State; and
\n(iii) in the case of the detention of a person in pursuance of an order of detention made by
\nthe administrator of a Union territory or an officer or authority subordinate to such
\nadministrator, such High Court as may be specified by or under any law made by Parliament
\nin this behalf.\u2019;
\n(b) in clause (7),\u2014
\n(i) sub-clause (a) shall be omitted;
\n(ii) sub-clause (b) shall be re-lettered as sub-clause (a); and
\n(iii) sub-clause (c) shall be re-lettered as sub-clause (b) and in the sub-clause as so re-lettered,
\nfor the words, brackets, letter and figure \u201csub-clause (a) of clause (4)\u201d, the word, brackets and
\nfigure \u201cclause (4)\u201d shall be substituted.
\n* * * * *
\n267
\nAPPENDIX-IV
\nTHE CONSTITUTION (EIGHTY-EIGHTH AMENDMENT)ACT, 2003
\n[15th January, 2004.]
\nAn Act further to amend the Constitution of India.
\nBE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:\u2014
\n1. Short title and Commencement.\u2014(1) This Act may be called the Constitution (Eighty-eighth
\nAmendment) Act, 2003.
\n(2) It shall come into force on such date\uf02a
\nas the Central Government may, by notification in the Official
\nGazette, appoint.
\n2. Insertion of new article 268A.\u2014After article 268 of the Constitution, the following article shall be
\ninserted, namely:\u2014
\n\u201c268A. Service tax levied by Union and collected and appropriated by the Union and the
\nStates.\u2014(1) Taxes on services shall be levied by the Government of India and such tax shall be
\ncollected and appropriated by the Government of India and the States in the manner provided in clause
\n(2).
\n(2) The proceeds in any financial year of any such tax levied in accordance with the provisions of
\nclause (1) shall be\u2014
\n(a) collected by the Government of India and the States;
\n(b) appropriated by the Government of India and the States,
\nin accordance with such principles of collection and appropriation as may be formulated by
\nParliament by law.\u201d.
\n3. Amendment of article 270.\u2014In article 270 of the Constitution, in clause (1), for the words and
\nfigures \u201carticles 268 and 269\u201d, the words, figures and letter \u201carticles 268, 268A and 269\u201d shall be
\nsubstituted.
\n4. Amendment of Seventh Schedule.\u2014In the Seventh Schedule to the Constitution, in List I\u2013Union
\nList, after entry 92B, the following entry shall be inserted, namely:\u2014
\n\u201c92C. Taxes on services.\u201d.<\/p>\n
\uf02aDate yet to be notified.
\n268
\nAPPENDIX-V
\nTHE CONSTITUTION (ONE HUNDREDTH AMENDMENT)
\nACT, 2015
\n[28th May, 2015.]
\nAn Act further to amend the Constitution of India to give effect to the acquiring of territories by
\nIndia and transfer of certain territories to Bangladesh in pursuance of the agreement and its
\nprotocol entered into between the Governments of India and Bangladesh.
\nBe it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:\u2014
\n1.Short title. \u2014This Act may be called the Constitution (One Hundredth Amendment) Act, 2015.
\n2. Definitions.\u2014In this Act,\u2014
\n(a) \u201cacquired territory\u201d means so much of the territories comprised in the India-Bangladesh agreement
\nand its protocol and referred to in the First Schedule as are demarcated for the purpose of being acquired
\nby India from Bangladesh in pursuance of the agreement and its protocol referred to in clause (c);
\n(b) \u201cappointed day\u201d means such date as the Central Government may, by notification in the Official
\nGazette, appoint as the date for acquisition of territories from Bangladesh and transfer of the territories to
\nBangladesh in pursuance of the India-Bangladesh agreement and its protocol, after causing the territories
\nto be so acquired and transferred as referred to in the First Schedule and Second Schedule and demarcated
\nfor the purpose;
\n(c) \u201cIndia-Bangladesh agreement\u201d means the agreement between the Governmentof the Republic of
\nIndia and the Government of the People\u2019s Republic of Bangladesh concerning the Demarcation of the
\nLand Boundary between India and Bangladeshand Related Matters dated the 16th day of May, 1974,
\nExchange of Letters dated the26th day of December, 1974, the 30th day of December, 1974, the 7th day
\nof October,1982, the 26th day of March, 1992 and protocol to the said agreement dated the 6th day of
\nSeptember, 2011, entered into between the Governments of India and Bangladesh, the relevant extracts
\nof which are set out in the Third Schedule;
\n(d) \u201ctransferred territory\u201d, means so much of the territories comprised in the India-Bangladesh
\nagreement and its protocol and referred to in the Second Schedule as are demarcated for the purpose of
\nbeing transferred by India to Bangladesh in pursuance of the agreements and its protocol referred to in
\nclause (c).
\n3. Amendment of First Schedule to Constitution.\u2014As from the appointed day, in the First Schedule
\nto the Constitution,\u2014
\n(a) in the paragraph relating to the territories of the State of Assam, the words, brackets and figures
\n\u201cand the territories referred to in Part I of the Second Schedule to the Constitution (One Hundredth
\nAmendment) Act, 2015, notwithstanding anything contained in clause (a) of section 3 of the
\nConstitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part I of
\nthe Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015\u201d, shall be added at
\nthe end;
\n(b) in the paragraph relating to the territories of the State of West Bengal, the words, brackets and
\nfigures \u201cand also the territories referred to in Part III of the First Schedule but excluding the territories
\nreferred to in Part III of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015,
\nnotwithstanding anything contained in clause (c) of section 3 of the Constitution (Ninth Amendment) Act,
\n1960, so far as it relates to the territories referred to in Part III of the First Schedule and the territories
\nreferred to in Part III of the Second Schedule to the Constitution (One Hundredth Amendment) Act,
\n2015\u201d, shall be added at the end;
\n269
\n(c) in the paragraph relating to the territories of the State of Meghalaya, the words, brackets and
\nfigures \u201cand the territories referred to in Part I of the First Schedule but excluding the territories referred to
\nin Part II of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015\u201d, shall be
\nadded at the end;
\n(d) in the paragraph relating to the territories of the State of Tripura, the words, brackets and figures
\n\u201cand the territories referred to in Part II of the First Schedule to the Constitution (One Hundredth
\nAmendment) Act, 2015, notwithstanding anything contained in clause (d) of section 3 of the Constitution
\n(Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part II of the First
\nSchedule to the Constitution (One Hundredth Amendment) Act, 2015\u201d, shall be added at the end.
\nTHE FIRST SCHEDULE
\n[See sections 2(a), 2(b) and 3]
\nPA R T I
\nThe acquired territory in relation to Article 2 of the agreement dated the 16th day of May, 1974 and
\nArticle 3 (I) (b) (ii) (iii) (iv) (v) of the protocol dated the 6th day of September, 2011.
\nPA RT I I
\nThe acquired territory in relation to Article 2 of the agreement dated the 16th day of May, 1974 and
\nArticle 3 (I) (c) (i) of the protocol dated the 6th day of September, 2011.
\nPART III
\nThe acquired territory in relation to Articles 1(12) and 2 of the agreement dated the 16th day of May,
\n1974 and Articles 2 (II), 3 (I) (a) (iii) (iv) (v) (vi) of the protocol dated the 6th day of September, 2011.
\nTHE SECOND SCHEDULE
\n[See sections 2(b), 2(d) and 3]
\nPA R T I
\nThe transferred territory in relation to Article 2 of the agreement dated 16th day of May, 1974 and Article 3
\n(I) (d) (i) (ii) of the protocol dated 6th day of September, 2011.
\nPA RT I I
\nThe transferred territory in relation to Article 2 of the agreement dated the 16th day of May, 1974 and
\nArticle 3 (I) (b) (i) of the protocol dated 6th day of September, 2011.
\nPART III
\nThe transferred territory in relation to Articles 1(12) and 2 of the agreement dated the 16th day of May,
\n1974 and Articles 2 (II), 3 (I) (a) (i) (ii) (vi) of the protocol dated the 6th day of September, 2011.
\nTHE THIRD SCHEDULE
\n[See section 2(c)
\nI. EXTRACTS FROM THE AGREEMENT BETWEEN GOVERNMENT OF THE REPUBLIC OF
\nINDIA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH CONCERNING
\nTHE DEMARCATION OF THE LAND BOUNDARY BETWEEN INDIA AND BANGLADESH AND
\nRELATED MATTERS DATED THE 16TH DAY OF MAY, 1974
\nArticle 1 (12): ENCLAVES
\nThe Indian enclaves in Bangladesh and the Bangladesh enclaves in India should be exchanged
\nexpeditiously, excepting the enclaves mentioned in paragraph 14 without claim to compensation for the
\nadditional area going to Bangladesh.
\nArticle 2:
\n270
\nThe Governments of India and Bangladesh agree that territories in adverse possession in areas already
\ndemarcated in respect of which boundary strip maps are already prepared, shall be exchanged within six
\nmonths of the signing of the boundary strip maps by the plenipotentiaries. They may sign the relevant
\nmaps as early as possible as and in any case not later than the 31st December, 1974. Early measures may
\nbe taken to print maps in respect of other areas where demarcation has already taken place. These should
\nbe printed by the 31st May, 1975 and signed by the plenipotentiaries thereafter in order that the exchange
\nof adversely held possessions in these areas may take place by the 31st December, 1975. In sectors still
\nto be demarcated, transfer of territorial jurisdiction may take place within six months of the signature by
\nplenipotentiaries on the concerned boundary strip maps.
\nII. EXTRACTS FROM THE PROTOCOL TO THE AGREEMENT BETWEEN THE
\nGOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE’S
\nREPUBLIC OF BANGLADESH CONCERNING THE DEMARCATION OF THE LAND BOUNDARY
\nBETWEEN INDIA AND BANGLADESH AND RELATED MATTERS, DATED THE 6TH DAY OF
\nSEPTEMBER, 2011
\nArticle 2:
\n(II) Article 1 Clause 12 of the 1974 Agreement shall be implemented as follows:\u2014
\nEnclaves
\n111 Indian Enclaves in Bangladesh and 51 Bangladesh Enclaves in India as per the jointly verified
\ncadastral enclave maps and signed at the level of DGLR&S, Bangladesh and DLR&S, West Bengal (India)
\nin April, 1997, shall be exchanged without claim to compensation for the additional areas going to
\nBangladesh.
\nArticle 3:
\n(I) Article 2 of the 1974 Agreement shall be implemented as follows:\u2014
\nThe Government of India and the Government of Bangladesh agree that the boundary shall be
\ndrawn as a fixed boundary for territories held in Adverse Possession as determined through joint
\nsurvey and fully depicted in the respective adversely possessed land area Index Map (APL map)
\nfinalised by the Land Records and Survey Departments of both the countries between December,
\n2010 and August, 2011, which are fully described in clause (a) to (d) below.
\nThe relevant strip maps shall be printed and signed by the Plenipotentiaries and transfer of
\nterritorial jurisdiction shall be completed simultaneously with the exchange of enclaves. The
\ndemarcation of the boundary, as depicted in the above-mentioned Index Maps, shall be as under:\u2014
\n(a) West Bengal Sector
\n(i) Bousmari \u2013 Madhugari (Kushtia-Nadia) area
\nThe boundary shall be drawn from the existing Boundary Pillar Nos. 154\/5-S to
\n157\/1-S to follow the centre of old course of river Mathabanga, as depicted in
\nconsolidation map of 1962, as surveyed jointly and agreed in June, 2011.
\n(ii) Andharkota (Kushtia-Nadia) area
\nThe boundary shall be drawn from existing Boundary Pillar No. 152\/5-S to
\nBoundary Pillar No. 153\/1-S to follow the edge of existing River Mathabanga as jointly
\nsurveyed and agreed in June, 2011.
\n(iii) Pakuria (Kushtia-Nadia) area
\nThe boundary shall be drawn from existing Boundary Pillar No. 151\/1-S to
\nBoundary Pillar No. 152\/2-S to follow the edge of River Mathabanga as jointly surveyed
\nand agreed in June, 2011.
\n(iv) Char Mahishkundi (Kushtia-Nadia) area
\n271
\nThe boundary shall be drawn from existing Boundary Pillar No. 153\/1-S to
\nBoundary Pillar No. 153\/9-S to follow the edge of River Mathabanga as jointly surveyed
\nand agreed in June, 2011.
\n(v) Haripal\/Khutadah\/Battoli\/Sapameri\/LNpur (Patari) (Naogaon-Malda) area
\nThe boundary shall be drawn as line joining from existing Boundary Pillar No.
\n242\/S\/13, to Boundary Pillar No. 243\/7-S\/5 and as jointly surveyed and agreed in June,
\n2011.
\n(vi) Berubari (Panchagarh-Jalpaiguri area)
\nThe boundary in the area Berubari (Panchagarh-Jalpaiguri) adversely held by
\nBangladesh, and Berubari and Singhapara-Khudipara (Panchagarh-Jalpaiguri),
\nadversely held by India shall be drawn as jointly demarcated during 1996-1998.
\n(b) Meghalaya Sector
\n(i) Lobachera-Nuncherra
\nThe boundary from existing Boundary Pillar No. 1315\/4-S to Boundary Pillar No.
\n1315\/15-S in Lailong – Balichera, Boundary Pillar No. 1316\/1-S to Boundary Pillar No.
\n1316\/11-S in Lailong- Noonchera, Boundary Pillar No. 1317 to Boundary Pillar No.
\n1317\/13-S in Lailong- Lahiling and Boundary Pillar No. 1318\/1-S to Boundary Pillar No.
\n1318\/2-S in Lailong-Lobhachera shall be drawn to follow the edge of tea gardens as jointly
\nsurveyed and agreed in December, 2010.
\n(ii) Pyrdiwah\/ Padua Area
\nThe boundary shall be drawn from existing Boundary Pillar No. 1270\/1-S as per
\njointly surveyed and mutually agreed line till Boundary Pillar No. 1271\/1-T. The Parties
\nagree that the Indian Nationals from Pyrdiwah village shall be allowed to draw water from
\nPiyang River near point No. 6 of the agreed Map.
\n(iii) Lyngkhat Area
\n(aa)Lyngkhat-I\/Kulumcherra and Lyngkhat-II\/ Kulumcherra
\nThe boundary shall be drawn from existing Boundary Pillar No. 1264\/4-S to
\nBoundary Pillar No. 1265 and BP No. 1265\/6-S to 1265\/9-S as per jointly surveyed and
\nmutually agreed line.
\n(ab)Lyngkhat-III\/Sonarhat
\nThe boundary shall be drawn from existing Boundary Pillar No. 1266\/13-S along
\nthe nallah southwards till it meets another nallah in the east-west direction,
\nthereafter it shall run along the northern edge of the nallah in east till it meets the
\nexisting International Boundary north of Reference Pillar Nos.1267\/4-R-B and
\n1267\/3-R-I.
\n(iv) Dawki\/Tamabil area
\nThe boundary shall be drawn by a straight line joining existing Boundary Pillar Nos.
\n1275\/1-S to Boundary Pillar Nos. 1275\/7-S. The Parties agree to fencing on \u2018zero line\u2019 in
\nthis area.
\n(v) Naljuri\/Sreepur Area
\n272
\n(aa)Naljuri I
\nThe boundary shall be a line from the existing Boundary Pillar No. 1277\/2-S in
\nsouthern direction up to three plots as depicted in the strip Map No. 166 till it meets
\nthe nallah flowing from Boundary Pillar No. 1277\/5-T, thereafter it will run along the
\nwestern edge of the nallah in the southern direction up to 2 plots on the Bangladesh
\nside, thereafter it shall run eastwards till it meets a line drawn in southern direction
\nfrom Boundary Pillar No. 1277\/4-S.
\n(ab) Naljuri III
\nThe boundary shall be drawn by a straight line from existing Boundary Pillar
\nNo. 1278\/2-S to Boundary Pillar No. 1279\/ 3-S.
\n(vi) Muktapur\/ Dibir Hawor Area
\nThe Parties agree that the Indian Nationals shall be allowed to visit Kali Mandir and
\nshall also be allowed to draw water and exercise fishing rights in the water body in the
\nMuktapur \/ Dibir Hawor area from the bank of Muktapur side.
\n(c)Tripura Sector
\n(i) Chandannagar-Champarai Tea Garden area in Tripura\/ Moulvi Bazar sector
\nThe boundary shall be drawn along Sonaraichhera river from existing Boundary Pillar
\nNo. 1904 to Boundary Pillar No. 1905 as surveyed jointly and agreed in July, 2011.
\n(d) Assam Sector
\n(i) Kalabari (Boroibari) area in Assam sector
\nThe boundary shall be drawn from existing Boundary Pillar No. 1066\/24-T to
\nBoundary Pillar No. 1067\/16-T as surveyed jointly and agreed in August, 2011.
\n(ii) Pallathal area in Assam sector
\nThe boundary shall be drawn from existing Boundary Pillar No. 1370\/3-S to
\n1371\/ 6-S to follow the outer edge of the tea garden and from Boundary Pillar No.
\n1372 to 1373\/2-S along outer edge of the pan plantation.
\n273
\nIII. LIST OF EXCHANGE OF ENCLAVES BETWEEN INDIA AND BANGLADESH IN PURSUANT
\nTO ARTICLE 1 (12) OF THE AGREEMENT DATED 16TH MAY, 1974 AND THE PROTOCOL TO THE
\nAGREEMENT DATED 6TH SEPTEMBER, 2011
\nA. EXCHANGEABLE INDIAN ENCLAVES IN BANGLADESH WITH AREA
\nSl. Name of
\nChhits No.
\nChhit No. Lying within
\nPolice station
\nBangladesh
\nLying within
\nPolice station
\nW. Bengal
\nArea in
\nacres
\n1 2 3 4 5 6
\nA. Enclaves with independent chhits
\n1. Garati 75 Pochagar Haldibari 58.23
\n2. Garati 76 Pochagar Haldibari 0.79
\n3. Garati 77 Pochagar Haldibari 18
\n4. Garati 78 Pochagar Haldibari 958.66
\n5. Garati 79 Pochagar Haldibari 1.74
\n6. Garati 80 Pochagar Haldibari 73.75
\n7. Bingimari
\nPart-I
\n73 Pochagar Haldibari 6.07
\n8. Nazirganja 41 Boda Haldibari 58.32
\n9. Nazirganja 42 Boda Haldibari 434.29
\n10. Nazirganja 44 Boda Haldibari 53.47
\n11. Nazirganja 45 Boda Haldibari 1.07
\n12. Nazirganja 46 Boda Haldibari 17.95
\n13. Nazirganja 47 Boda Haldibari 3.89
\n14. Nazirganja 48 Boda Haldibari 73.27
\n15. Nazirganja 49 Boda Haldibari 49.05
\n16. Nazirganja 50 Boda Haldibari 5.05
\n17. Nazirganja 51 Boda Haldibari 0.77
\n18. Nazirganja 52 Boda Haldibari 1.04
\n19. Nazirganja 53 Boda Haldibari 1.02
\n20. Nazirganja 54 Boda Haldibari 3.87
\n21. Nazirganja 55 Boda Haldibari 12.18
\n22. Nazirganja 56 Boda Haldibari 54.04
\n23. Nazirganja 57 Boda Haldibari 8.27
\n24. Nazirganja 58 Boda Haldibari 14.22
\n25. Nazirganja 60 Boda Haldibari 0.52
\n26. Putimari 59 Boda Haldibari 122.8
\n27. Daikhata
\nChhat
\n38 Boda Haldibari 499.21
\n28. Salbari 37 Boda Haldibari 1188.93
\n274
\n1 2 3 4 5 6
\n29. Kajal Dighi 36 Boda Haldibari 771.44
\n30. Nataktoka 32 Boda Haldibari 162.26
\n31. Nataktoka 33 Boda Haldibari 0.26
\n32. Beuladanga
\nChhat
\n35 Boda Haldibari 0.83
\n33. Balapara
\nIagrabar
\n3 Debiganj Haldibari 1752.44
\n34. Bara
\nKhankikharija
\nCitaldaha
\n30 Dimla Haldibari 7.71
\n35. Bara
\nKhankikharija
\nCitaldaha
\n29 Dimla Haldibari 36.83
\n36. Barakhangir 28 Dimla Haldibari 30.53
\n37. Nagarjikobari 31 Dimla Haldibari 33.41
\n38. Kuchlibari 26 Patgram Mekliganj 5.78
\n39. Kuchlibari 27 Patgram Mekliganj 2.04
\n40. Bara
\nKuchlibari
\nFragment
\nof J.L.107
\nof P.S
\nMekliganj
\nPatgram Mekliganj 4.35
\n41. JamaldahaBalapukhari
\n6 Patgram Mekliganj 5.24
\n42. Uponchowki
\nkuchlibari
\n115\/2 Patgram Mekliganj 0.32
\n43. Uponchowki
\nkuchlibari
\n7 Patgram Mekliganj 44.04
\n44. Bhothnri 11 Patgram Mekliganj 36.83
\n45. Balapukhari 5 Patgram Mekliganj 55.91
\n46. Bara Khangir 4 Patgram Mekliganj 50.51
\n47. Bara Khangir 9 Patgram Mekliganj 87.42
\n48. Chhat
\nBogdokra
\n10 Patgram Mekliganj 41.7
\n49. Ratanpur 11 Patgram Mekliganj 58.91
\n50. Bogdokra 12 Patgram Mekliganj 25.49
\n51. Fulker Dabri Fragment
\nof J.L.
\n107 of P.S
\nMekliganj
\nPatgram Mekliganj 0.88
\n275
\n1 2 3 4 5 6
\n52. Kharkharia 15 Patgram Mekliganj 60.74
\n53. Kharkharia 13 Patgram Mekliganj 51.62
\n54. Lotamari 14 Patgram Mekliganj 110.92
\n55. Bhotbari 16 Patgram Mekliganj 205.46
\n56. Komat
\nChangraband
\nha
\n16A Patgram Mekliganj 42.8
\n57. Komat
\nChangraband
\nha
\n17A Patgram Mekliganj 16.01
\n58. Panisala 17 Patgram Mekliganj 137.66
\n59. Dwarikamari
\nKhasbash
\n18 Patgram Mekliganj 36.5
\n60. Panisala 153\/P Patgram Mekliganj 0.27
\n61. Panisala 153\/0 Patgram Mekliganj 18.01
\n62. Panisala 19 Patgram Mekliganj 64.63
\n63. Panisala 21 Patgram Mekliganj 51.4
\n64. Lotamari 20 Patgram Mekliganj 283.53
\n65. Lotamari 22 Patgram Mekliganj 98.85
\n66. Dwarikamari 23 Patgram Mekliganj 39.52
\n67. Dwarikamari 25 Patgram Mekliganj 45.73
\n68. Chhat
\nBhothat
\n24 Patgram Mekliganj 56.11
\n69. Baakata 131 Patgram Hathabhanga 22.35
\n70. Baakata 132 Patgram Hathabhanga 11.96
\n71. Baakata 130 Patgram Hathibhanga 20.48
\n72. Bhogramguri 133 Patgram Hathibhanga 1.44
\n73. Chenakata 134 Patgram Mekliganj 7.81
\n74. Banskata 119 Patgram Mathabanga 413.81
\n75. Banskata 120 Patgram Mathabanga 30.75
\n76. Banskata 121 Patgram Mathabanga 12.15
\n77. Banskata 113 Patgram Mathabanga 57.86
\n78. Banskata 112 Patgram Mathabanga 315.04
\n79. Banskata 114 Patgram Mathabanga 0.77
\n80. Banskata 115 Patgram Mathabanga 29.2
\n81. Banskata 122 Patgram Mathabanga 33.22
\n276
\n1 2 3 4 5 6
\n82. Banskata 127 Patgram Mathabanga 12.72
\n83. Banskata 128 Patgram Mathabanga 2.33
\n84. Banskata 117 Patgram Mathabanga 2.55
\n85. Banskata 118 Patgram Mathabanga 30.98
\n86. Banskata 125 Patgram Mathabanga 0.64
\n87. Banskata 126 Patgram Mathabanga 1.39
\n88. Banskata 129 Patgram Mathabanga 1.37
\n89. Banskata 116 Patgram Mathabanga 16.96
\n90. Banskata 123 Patgram Mathabanga 24.37
\n91. Banskata 124 Patgram Mathabanga 0.28
\n92. Gotamari
\nChhit
\n135 Hatibandha Sitalkuchi 126.59
\n93. Gotamari
\nChhit
\n136 Hatibandha Sitalkuchi 20.02
\n94. Banapachai 151 Lalmonirhat Dinhata 217.29
\n95. Banapachai
\nBhitarkuthi
\n152 Lalmonirhat Dinhata 81.71
\n96. Dasiar
\nChhara
\n150 Fulbari Dinhata 1643.44
\n97. DakurhatDakinirkuthi
\n156 Kurigram Dinhata 14.27
\n98. Kalamati 141 Bhurungamari Dinhata 21.21
\n99. Bhahobganj 153 Bhurungamari Dinhata 31.58
\n100. Baotikursa 142 Bhurungamari Dinhata 45.63
\n101. Bara
\nCoachulka
\n143 Bhurungamari Dinhata 39.99
\n102. Gaochulka II 147 Bhurungamari Dinhata 0.9
\n103. Gaochulka I 146 Bhurungamari Dinhata 8.92
\n104. Dighaltari II 145 Bhurungamari Dinhata 8.81
\n105. Dighaltari I 144 Bhurungamari Dinhata 12.31
\n106. Chhoto
\nGaraljhora II
\n149 Bhurungamari Dinhata 17.85
\n107. Chhoto
\nGaraljhora I
\n148 Bhurungamari Dinhata 35.74
\n108. 1 chhit\uf02a
\nwithout name
\n& JL No. at
\nthe southern
\nand of JL No.
\n38 & southern
\nand of JL No.
\n39 (locally
\nknown as
\nAshokabari\uf02a*
\n)
\nPatgram Mathabhanga 3.5<\/p>\n
\uf02a Corrected vide 150th (54th) India-Bangladesh Boundary Conference held at Kolkata from 29th September to 2nd October, 2002.
\n\uf02a* Corrected vide 152nd (56th) India-Bangladesh Boundary Conference held at Kochbihar, India from 18th-20th September, 2003.
\n277
\n1 2 3 4 5 6
\nEnclaves with Fragmented Chhits
\n109. (i)
\nBewladanga
\n34 Haldibari Boda 862.46
\n(ii)
\nBewladanga
\nFragment Haldibari Debiganj
\n110. (i)
\nKotbhajni
\n2 Haldibari Debiganj 2012.27
\n(ii)
\nKotbhajni
\nFragment Haldibari Debiganj
\n(iii)
\nKotbhajni
\nFragment Haldibari Debiganj
\n(iv)
\nKotbhajni
\nFragment Haldibari Debiganj
\n111. (i) Dahala Khagrabri Haldibari Debiganj 2650.35
\n(ii) Dahala Fragment Haldibari Debiganj
\n(iii) Dahala Fragment Haldibari Debiganj
\n(iv) Dahala Fragment Haldibari Debiganj
\n(v) Dahala Fragment Haldibari Debiganj
\n(vi) Dahala Fragment Haldibari Debiganj
\n17160.63
\nThe above given details of enclaves have been jointly compared and
\nreconciled with records held by India and Bangladesh during the IndoBangladesh Conference held at Calcutta during 9th \u2014 12th October, 1996 as
\nwell as during joint field inspection at Jalpaiguri (West Bengal) Panchagarh
\n(Bangladesh) sector during 21\u201424 November, 1996.
\nNote: Name of enclave in Sl. No. 108 above has been identified as
\nAshokabari by joint ground verification during field season 1996-97.
\nBrig. J.R. Peter
\nDirector Land Records & Survey
\n(Ex-Officio) West Bengal, India
\n&Director, Eastern Circle Survey
\nof India, Calcutta.
\nMd. Shafi Uddin
\nDirector General, Land Records
\nand Surveys, Bangladesh.<\/p>\n
B. EXCHANGEABLE BANGLADESH ENCLAVES IN INDIA WITH AREA
\nSl. No. Name of
\nChhits
\nLying
\nwithin
\nPolice
\nstation W.
\nBengal
\nLying
\nwithin
\nPolice
\nstation
\nBanglades
\nh
\nJ.L.
\nNo.
\nArea in acres
\n1 2 3 4 5 6
\nA. Enclaves with independent chhits
\n1. Chhit
\nKuchlibari
\nMekliganj Patgram 22 370.64
\n2. Chhit Land of
\nKuchlibari
\nMekliganj Patgram 24 1.83
\n3. Balapukhari Mekliganj Patgram 21 331.64
\n4. Chhit Land of
\nPanbari No. 2
\nMekliganj Patgram 20 1.13
\n5. Chhit Panbari Mekliganj Patgram 18 108.59
\n6. Dhabalsati
\nMirgipur
\nMekliganj Patgram 15 173.88
\n7. Bamandal Mekliganj Patgram 11 2.24
\n8. Chhit
\nDhabalsati
\nMekliganj Patgram 14 66.58
\n9. Dhabalsati Mekliganj Patgram 13 60.45
\n10. Srirampur Mekliganj Patgram 8 1.05
\n11. Jote Nijjama Mekliganj Patgram 3 87.54
\n12. Chhit Land of
\nJagatber No.3
\nMathabha
\nnga
\nPatgram 37 69.84
\n13. Chhit Land of
\nJagatber No.1
\nMathabha
\nnga
\nPatgram 35 30.66
\n14. Chhit Land of
\nJagatber No.2
\nMathabha
\nnga
\nPatgram 36 27.09
\n15. Chhit
\nKokoabari
\nMathabha
\nnga
\nPatgram 47 29.49
\n16. Chhit
\nBhandardaha
\nMathabha
\nnga
\nPatgram 67 39.96
\n17. Dhabalguri Mathabha
\nnga
\nPatgram 52 12.5
\n18. Chhit
\nDhabalguri
\nMathabha
\nnga
\nPatgram 53 22.31
\n19. Chhit Land of
\nDhabalguri
\nNo.3
\nMathabha
\nnga
\nPatgram 70 1.33
\n279
\n1 2 3 4 5 6
\n20. Chhit Land of
\nDhabalguri
\nNo.4
\nMathabha
\nnga
\nPatgram 71 4.55
\n21. Chhit Land of
\nDhabalguri
\nNo.5
\nMathabha
\nnga
\nPatgram 72 4.12
\n22. Chhit Land of
\nDhabalguri
\nNo.1
\nMathabha
\nnga
\nPatgram 68 26.83
\n23. Chhit Land of
\nDhabalguri
\nNo.2
\nMathabha
\nnga
\nPatgram 69 13.95
\n24. Mahishmari Sitalkuchi Patgram 54 122.77
\n25. Bura
\nSaradubi
\nSitalkuchi Hatibadha 13 34.96
\n26. Falnapur Sitalkuchi Patgram 64 505.56
\n27. Amjhol Sitalkuchi Hatibandha 57 1.25
\n28. Kismat
\nBatrigachh
\nDinhata Kaliganj 82 209.95
\n29. Durgapur Dinhata Kaliganj 83 20.96
\n30. Bansua
\nKhamar
\nGitaldaha
\nDinhata Lalmonirhat 1 24.54
\n31. Poaturkuthi Dinhata Lalmonirhat 37 589.94
\n32. Paschim
\nBakalir
\nChhara
\nDinhata Bhurungam
\nari
\n38 151.98
\n33. Madhya
\nBakalir
\nChhara
\nDinhata Bhurungam
\nari
\n39 32.72
\n34. Purba Bakalir
\nChhara
\nDinhata Bhurungam
\nari
\n40 12.23
\n35. Madhya
\nMasaldanga
\nDinhata Bhurungam
\nari
\n3 136.66
\n36. Madhya
\nChhit
\nMasaldanga
\nDinhata Bhurungam
\nari
\n8 11.87
\n37. Paschim
\nChhit
\nMasaldanga
\nDinhata Bhurungam
\nari
\n7 7.6
\n38. Uttar
\nMasaldanga
\nDinhata Bhurungam
\nari
\n2 27.29
\n39. Kachua Dinhata Bhurungam
\nari
\n5 119.74
\n280
\n1 2 3 4 5 6
\n40. Uttar
\nBansjani
\nTufanganj Bhurungam
\nari
\n1 47.17
\n41. Chhat Tilai Tufanganj Bhurungam
\nari
\n17 81.56
\nB. Enclaves with Fragmented Chhits
\n42. (i) Nalgram Sitalkuchi Patgarm 65 1397.34
\n(ii) Nalgram
\n(Fragment)
\nSitalkuchi Patgarm 65
\n(iii) Nalgram
\n(Fragment)
\nSitalkuchi Patgarm 65
\n43. (i) Chhit
\nNalgram
\nSitalkuchi Patgarm 66 49.5
\n(ii) Chhit
\nNalgram
\n(Fragment)
\nSitalkuchi Patgarm 66
\n44. (i) Batrigachh Dinhata Kaliganj 81 577.37
\n(ii)
\nBatrigachh
\n(Fragment)
\nDinhata Kaliganj 81
\n(iii)
\nBatrigachh
\n(Fragment)
\nDinhata Phulbari 9
\n45. (i) Karala Dinhata Phulbari 9 269.91
\n(ii) Karala
\n(fragment)
\nDinhata Phulbari 9
\n(iii) Karala
\n(fragment)
\nDinhata Phulbari 8
\n46. (i) Sipprasad
\nMustati
\nDinhata Phulbari 8 373.2
\n(ii) Sipprasad
\nMustati
\n(Fragment)
\nDinhata Phulbari 6
\n47. (i) Dakshin
\nMasaldanga
\nDinhata Bhurunga
\nmari
\n6 571.38
\n(ii) Dakshin
\nMasaldanga
\n(Fragment)
\nDinhata Bhurunga
\nmari
\n6
\n(iii) Dakshin
\nMasaldanga
\n(Fragment)
\nDinhata Bhurunga
\nmari
\n6
\n(iv) Dakshin
\nMasaldanga
\n(Fragment)
\nDinhata Bhurunga
\nmari
\n6
\n281
\n1 2 3 4 5 6
\n(v) Dakshin
\nMasaldanga
\n(Fragment)
\nDinhata Bhurunga
\nmari
\n6
\n(vi) Dakshin
\nMasaldanga
\n(Fragment)
\nDinhata Bhurunga
\nmari
\n6
\n48. (i) Paschim
\nMasaldanga
\nDinhata Bhurunga
\nmari
\n4 29.49
\n(ii) Paschim
\nMasaldanga
\n(Fragment)
\nDinhata Bhurunga
\nmari
\n4
\n49. (i) Purba
\nChhit
\nMasaldanga
\nDinhata Bhurunga
\nmari
\n10 35.01
\n(ii) Purba Chhit
\nMasaldanga
\n(Fragment)
\nDinhata Bhurunga
\nmari
\n10
\n50. (i) Purba
\nMasaldanga
\nDinhata Bhurunga
\nmari
\n11 153.89
\n(ii) Purba
\nMasaldanga
\n(Fragment)
\nDinhata Bhurunga
\nmari
\n11
\n51. (i) Uttar
\nDhaldanga
\nTufanganj Bhurunga
\nmari
\n14 24.98
\n(ii) Uttar
\nDhaldanga
\n(Fragment)
\nTufanganj Bhurunga
\nmari
\n14
\n(iii) Uttar
\nDhaldanga
\n(Fragment)
\nTufanganj Bhurunga
\nmari
\n14
\nTotal Area 7,110.02
\nThe above given details of enclaves have been jointly compared and reconciled
\nwith records held by India and Bangladesh during the Indo-Bangladesh Conference
\nheld at Calcutta during 9th\u201412th October, 1996 as well as during joint field inspection at
\nJalpaiguri (West Bengal) \u2013 Panchagarh (Bangladesh) sector during 21\u201424 November,
\n1996.
\nBrig. J.R. Peter
\nDirector Land Records & Survey (Ex
\nofficio) West Bengal, India &Director,
\nEastern Circle Survey of India,
\nCalcutta.
\nMd. Shafi Uddin
\nDirector General, Land Records
\nand Surveys, Bangladesh.
\n\u00a9<\/p>\n","protected":false},"excerpt":{"rendered":"
It is very important for any country to have a constitution of its own in order to work properly, in the same way, in our country of India, the great intellectual people of India have prepared a constitution of India. It tells which law will be for the people living in India, which law they […]<\/p>\n","protected":false},"author":62,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4287],"tags":[4285,4286,4288],"class_list":["post-4108","post","type-post","status-publish","format-standard","hentry","category-indian-constitution-pdf","tag-bhartiya-sambidhan-pdf","tag-indian-constitution-pdf","tag-4288"],"_links":{"self":[{"href":"https:\/\/www.reilsolar.com\/drive\/wp-json\/wp\/v2\/posts\/4108","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.reilsolar.com\/drive\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.reilsolar.com\/drive\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.reilsolar.com\/drive\/wp-json\/wp\/v2\/users\/62"}],"replies":[{"embeddable":true,"href":"https:\/\/www.reilsolar.com\/drive\/wp-json\/wp\/v2\/comments?post=4108"}],"version-history":[{"count":0,"href":"https:\/\/www.reilsolar.com\/drive\/wp-json\/wp\/v2\/posts\/4108\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.reilsolar.com\/drive\/wp-json\/wp\/v2\/media?parent=4108"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.reilsolar.com\/drive\/wp-json\/wp\/v2\/categories?post=4108"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.reilsolar.com\/drive\/wp-json\/wp\/v2\/tags?post=4108"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}