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PREFACE

This is the second pocket edition of the Constitution of
India in the diglot form. In this edition, the text of the Constitution
of India has been brought up-to-date by incorporating therein all
the amendments up to and including the Constitution (Ninety-
second Amendment) Act, 2003.

2. The Constitution applies to the State of Jammu and
Kashmir with certain exceptions and modifications as provided in
article 370 and the Constitution (Application to Jammu and
Kashmir) Order, 1954. This Order has been included in Appendix
I for facility of reference. Appendix II contains a restatement of
the exceptions and modifications. Appendix III relates to extracts
from the Constitution (Forty-fourth Amendment) Act, 1978. The
text of the constitutional amendments relating to the Constitution
(Eighty-sixth Amendment) Act, 2002 and the Constitution
(Eighty-eighth Amendment) Act, 2002, which have not come in
force, have been provided in Appendix IV and Appendix V.

New Delhi; T.K. VISWANATHAN
6th June, 2004. Secretary to the Government of India.

CONSTITUTION OF INDIA
_______

CONTENTS

_______
PREAMBLE
PART I
THE UNION AND ITS TERRITORY
ARTICLE
1 Name and territory of the Union.
2 Admission or establishment of new States.
2A [Repealed.] 3 Formation of new States and alteration of areas, boundaries or
names of existing States.
4 Laws made under articles 2 and 3 to provide for the
amendment of the First and the Fourth Schedules and
supplemental, incidental and consequential matters.
PART II
CITIZENSHIP
5 Citizenship at the commencement of the Constitution.
6 Rights of citizenship of certain persons who have migrated to
India from Pakistan.
7 Rights of citizenship of certain migrants to Pakistan.
8 Rights of citizenship of certain persons of Indian origin
residing outside India.
9 Persons voluntarily acquiring citizenship of a foreign State
not to be citizens.
10 Continuance of the rights of citizenship.
11 Parliament to regulate the right of citizenship by law.
PART III
FUNDAMENTAL RIGHTS
General
12 Definition.
13 Laws inconsistent with or in derogation of the fundamental
rights.

Right to Equality
14 Equality before law.

15
Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth.
16 Equality of opportunity in matters of public employment.
17 Abolition of Untouchability.
18 Abolition of titles.

Right to Freedom
19 Protection of certain rights regarding freedom of speech, etc.
20 Protection in respect of conviction for offences.
21 Protection of life and personal liberty.
22 Protection against arrest and detention in certain cases.

Right against Exploitation
23 Prohibition of traffic in human beings and forced labour.
24 Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25 Freedom of conscience and free profession, practice and propagation of religion.
26 Freedom to manage religious affairs.
27 Freedom as to payment of taxes for promotion of any particular religion.
28 Freedom as to attendance at religious instruction or religious worship in certain
educational institutions.

Cultural and Educational Rights
29 Protection of interests of minorities.
30 Right of minorities to establish and administer educational institutions.
31 [Repealed.] Saving of Certain Laws
31A Saving of Laws providing for acquisition of estates, etc.
31B Validation of certain Acts and Regulations.
31C Saving of laws giving effect to certain directive principles.
31D [Repealed.]

Right to Constitutional Remedies
32 Remedies for enforcement of rights conferred by this Part.
32A [Repealed.] 33 Power of Parliament to modify the rights conferred by this Part in their
application to Forces, etc.
34 Restriction on rights conferred by this Part while martial law is in force in any
area.
35 Legislation to give effect to the provisions of this Part.

PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
36 Definition.
37 Application of the principles contained in this Part.
38 State to secure a social order for the promotion of welfare of the people.
39 Certain principles of policy to be followed by the State.
39A Equal justice and free legal aid.
40 Organisation of village panchayats.

41 Right to work, to education and to public assistance in certain cases.
42 Provision for just and humane conditions of work and maternity relief.
43 Living wage, etc., for workers.
43A Participation of workers in management of industries.
44 Uniform civil code for the citizens.
45 Provision for free and compulsory education for children.
46 Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections.
47 Duty of the State to raise the level of nutrition and the standard of living and to
improve public health.
48 Organisation of agriculture and animal husbandry.
48A Protection and improvement of environment and safeguarding of forests and
wild life.
49 Protection of monuments and places and objects of national importance.
50 Separation of judiciary from executive.
51 Promotion of international peace and security.

PART IVA
FUNDAMENTAL DUTIES

51A Fundamental duties.

PART V
THE UNION
C
HAPTER I.⎯-T HE EXECUTIVE
The President and Vice-President
52 The President of India.
53 Executive power of the Union.
54 Election of President.
55 Manner of election of President.
56 Term of office of President.
57 Eligibility for re-election.
58 Qualifications for election as President.
59 Conditions of President’s office.
60 Oath or affirmation by the President.
61 Procedure for impeachment of the President.
62 Time of holding election to fill vacancy in the office of President and the term
of office of person elected to fill casual vacancy.
63 The Vice-President of India.
64 The Vice-President to be ex officio Chairman of the Council of States.
65 The Vice-President to act as President or to discharge his functions during
casual vacancies in the office, or during the absence, of President.

66 Election of Vice-President.
67 Term of office of Vice-President.
68 Time of holding election to fill vacancy in the office of Vice-President and the
term of office of person elected to fill casual vacancy.
69 Oath or affirmation by the Vice-President.
70 Discharge of President’s functions in other contingencies.
71 Matters relating to, or connected with, the election of a President or Vice-
President.
72 Power of President to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases.
73 Extent of executive power of the Union.

Council of Ministers
74 Council of Ministers to aid and advise President.
75 Other provisions as to Ministers.

The Attorney-General for India
76 Attorney-General for India.

Conduct of Government Business
77 Conduct of business of the Government of India.
78 Duties of Prime Minister as respects the furnishing of information to the
President, etc.

C
HAPTER II.⎯-P ARLIAMENT
General
79 Constitution of Parliament.
80 Composition of the Council of States.
81 Composition of the House of the People.
82 Readjustment after each census.
83 Duration of Houses of Parliament.
84 Qualification for membership of Parliament.
85 Sessions of Parliament, prorogation and dissolution.
86 Right of President to address and send messages to Houses.
87 Special address by the President.
88 Rights of Ministers and Attorney-General as respects Houses.

Officers of Parliament
89 The Chairman and Deputy Chairman of the Council of States.
90 Vacation and resignation of, and removal from, the office of Deputy Chairman.
91 Power of the Deputy Chairman or other person to perform the duties of the
office of, or to act as, Chairman.
92 The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration.

93 The Speaker and Deputy Speaker of the House of the People .
94 Vacation and resignation of, and removal from, the offices of Speaker and
Deputy Speaker.
95 Power of the Deputy Speaker or other person to perform the duties of the office
of, or to act as, Speaker.
96 The Speaker or the Deputy Speaker not to preside while a resolution for his
removal from office is under consideration.
97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker
and Deputy Speaker.
98 Secretariat of Parliament.

Conduct of Business
99 Oath or affirmation by members.
100 Voting in Houses, power of Houses to act notwithstanding vacancies and
quorum.
Disqualifications of Members
101 Vacation of seats.
102 Disqualifications for membership.
103 Decision on questions as to disqualifications of members.
104 Penalty for sitting and voting before making oath or affirmation under article
99 or when not qualified or when disqualified.

Powers, Privileges and Immunities of Parliament and its Members
105 Powers, privileges, etc., of the Houses of Parliament and of the members and
committees thereof.
106 Salaries and allowances of members.

Legislative Procedure
107 Provisions as to introduction and passing of Bills.
108 Joint sitting of both Houses in certain cases.
109 Special procedure in respect of Money Bills.
110 Definition of “Money Bills”.
111 Assent to Bills.

Procedure in Financial Matters
112 Annual financial statement.
113 Procedure in Parliament with respect to estimates.
114 Appropriation Bills.
115 Supplementary, additional or excess grants.
116 Votes on account, votes of credit and exceptional grants.
117 Special provisions as to financial Bills.

Procedure Generally
118 Rules of procedure.
119 Regulation by law of procedure in Parliament in relation to financial business.

120 Language to be used in Parliament.
121 Restriction on discussion in Parliament.
122 Courts not to inquire into proceedings of Parliament.

C
HAPTER III.⎯L EGISLATIVE POWERS OF THE PRESIDENT
123 Power of President to promulgate Ordinances during recess of Parliament.

C
HAPTER IV.⎯ T HE UNION JUDICIARY
124 Establishment and constitution of Supreme Court.
125 Salaries, etc., of Judges.
126 Appointment of acting Chief Justice.
127 Appointment of ad hoc judges.
128 Attendance of retired Judges at sittings of the Supreme Court.
129 Supreme Court to be a court of record.
130 Seat of Supreme Court.
131 Original jurisdiction of the Supreme Court.
131A [Repealed.] 132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain
cases.

133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard
to Civil matters.
134 Appellate jurisdiction of Supreme Court in regard to criminal matters.
134A Certificate for appeal to the Supreme Court.
135 Jurisdiction and powers of the Federal Court under existing law to be
exercisable by the Supreme Court.
136 Special leave to appeal by the Supreme Court.
137 Review of judgments or orders by the Supreme Court.
138 Enlargement of the jurisdiction of the Supreme Court.
139 Conferment on the Supreme Court of powers to issue certain writs.
139A Transfer of certain cases.
140 Ancillary powers of Supreme Court.
141 Law declared by Supreme Court to be binding on all courts.

142
Enforcement of decrees and orders of Supreme Court and orders as to
discovery, etc.
143 Power of President to consult Supreme Court.
144 Civil and judicial authorities to act in aid of the Supreme Court.
144A [Repealed.] 145 Rules of Court, etc.
146 Officers and servants and the expenses of the Supreme Court.
147 Interpretation.

C
HAPTER V.⎯ C OMPTROLLER AND AUDITOR -GENERAL OF INDIA
148 Comptroller and Auditor-General of India.
149 Duties and powers of the Comptroller and Auditor-General.
150 Form of accounts of the Union and of the States.
151 Audit reports.

PART VI
THE STATES
C
HAPTER I.⎯ G ENERAL
152 Definition.

C
HAPTER II.⎯ THE EXECUTIVE
The Governor
153 Governors of States.
154 Executive power of State.
155 Appointment of Governor.
156 Term of office of Governor.
157 Qualifications for appointment as Governor.
158 Conditions of Governor’s office
159 Oath or affirmation by the Governor.
160 Discharge of the functions of the Governor in certain contingencies.
161 Power of Governor to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases.
162 Extent of executive power of State.

Council of Ministers
163 Council of Ministers to aid and advise Governor.
164 Other provisions as to Ministers.
The Advocate-General for the State
165 Advocate-General for the State.

Conduct of Government Business
166 Conduct of business of the Government of a State.
167 Duties of Chief Minister as respects the furnishing of information to Governor,
etc.

C
HAPTER III.⎯T HE STATE LEGISLATURE
General
168 Constitution of Legislatures in States.
169 Abolition or creation of Legislative Councils in States.
170 Composition of the Legislative Assemblies.
171 Composition of the Legislative Councils.

172 Duration of State Legislatures.
173 Qualification for membership of the State Legislature.
174 Sessions of the State Legislature, prorogation and dissolution.
175 Right of Governor to address and send messages to the House or Houses.
176 Special address by the Governor.
177 Rights of Ministers and Advocate-General as respects the Houses.
Officers of the State Legislature
178 The Speaker and Deputy Speaker of the Legislative Assembly.
179 Vacation and resignation of, and removal from, the offices of Speaker and
Deputy Speaker.
180 Power of the Deputy Speaker or other person to perform the duties of the office
of, or to act as, Speaker.
181 The Speaker or the Deputy Speaker not to preside while a resolution for his
removal from office is under consideration.
182 The Chairman and Deputy Chairman of the Legislative Council.
183 Vacation and resignation of, and removal from, the offices of Chairman and
Deputy Chairman.
184 Power of the Deputy Chairman or other person to perform the duties of the
office of, or to act as, Chairman.
185 The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration.
186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman
and Deputy Chairman.
187 Secretariat of State Legislature.

Conduct of Business
188 Oath or affirmation by members.
189 Voting in Houses, power of Houses to act notwithstanding vacancies and
quorum.
Disqualifications of Members
190 Vacation of seats.
191 Disqualifications for membership.
192 Decision on questions as to disqualifications of members.
193 Penalty for sitting and voting before making oath or affirmation under article
188 or when not qualified or when disqualified.

Powers, privileges and immunities of State Legislatures and their Members
194 Powers, privileges, etc., of the Houses of Legislatures and of the members and
committees thereof.
195 Salaries and allowances of members.
Legislative Procedure
196 Provisions as to introduction and passing of Bills.
197 Restriction on powers of Legislative Council as to Bills other than Money Bills.

198 Special procedure in respect of Money Bills.
199 Definition of “Money Bills”.
200 Assent to Bills.
201
Bills reserved for consideration.
Procedure in Financial Matters
202 Annual financial statement.
203 Procedure in Legislature with respect to estimates.
204 Appropriation Bills.
205 Supplementary, additional or excess grants.
206 Votes on account, votes of credit and exceptional grants.
207 Special provisions as to financial Bills.

Procedure Generally
208 Rules of procedure.
209 Regulation by law of procedure in the Legislature of the State in relation to
financial business.
210 Language to be used in the Legislature.
211 Restriction on discussion in the Legislature.
212 Courts not to inquire into proceedings of the Legislature.

C
HAPTER IV.⎯- L EGISLATIVE POWER OF THE GOVERNOR
213 Power of Governor to promulgate Ordinances during recess of Legislature.

C
HAPTER V—T HE HIGH COURTS IN THE STATES
214 High Courts for States.
215 High Courts to be courts of record.
216 Constitution of High Courts.
217 Appointment and conditions of the office of a Judge of a High Court.
218 Application of certain provisions relating to Supreme Court to High Courts.
219 Oath or affirmation by Judges of High Courts.
220 Restriction on practice after being a permanent Judge.
221 Salaries, etc., of Judges.
222 Transfer of a Judge from one High Court to another.
223 Appointment of acting Chief Justice.
224 Appointment of additional and acting Judges.
224A Appointment of retired Judges at sittings of High Courts.

225 Jurisdiction of existing High Courts.
226 Power of High Courts to issue certain writs.
226A [Repealed..] 227 Power of superintendence over all courts by the High Court.
228 Transfer of certain cases to High Court.

228A [Repealed.] 229 Officers and servants and the expenses of High Courts.
230 Extension of jurisdiction of High Courts to Union territories.
231 Establishment of a common High Court for two or more States.

C
HAPTER VI⎯S UBORDINATE COURTS
233 Appointment of district judges.
233A Validation of appointments of, and judgments, etc., delivered by, certain district
judges.
234 Recruitment of persons other than district judges to the judicial service.
235 Control over subordinate courts.
236 Interpretation.
237 Application of the provisions of this Chapter to certain class or classes of
magistrates.

PART VII
THE STATES IN PART B OF THE FIRST SCHEDULE
238 [Repealed.]

PART VIII
THE UNION TERRITORIES
239 Administration of Union territories.
239A Creation of local Legislatures or Council of Ministers or both for certain Union
territories.
239A Special provisions with respect to Delhi.
239AA Provision in case of failure of constitutional machinery.
239AB Power of administrator to promulgate Ordinances during recess of Legislature.
240 Power of President to make regulations for certain Union territories.
241 High Courts for Union territories.
242 [Repealed.]

PART IX
THE PANCHAYATS
243 Definitions.
243A Gram Sabha.
243B Constitution of Panchayats.
243C Composition of Panchayats.
243D Reservation of seats.
243E Duration of Panchayats, etc.
243F Disqualifications for membership.
243G Powers, authority and responsibilities of Panchayats.
243H Powers to impose taxes by, and Funds of, the Panchayats.
243-I Constitution of Finance Commission to review financial position.

243J Audit of accounts of Pachayats.
243K Elections to the Panchayats.
243L Application to Union territories.
243M Part not to apply to certain areas.
243N Continuance of existing laws and Panchayats.
243-O Bar to interference by courts in electoral matters.

PART IXA
T
HE MUNICIPALITIES
243P Definitions.
243Q Constitution of Municipalities.
243R Composition of Municipalities.
243S Constitution and composition of Wards Committees, etc.
243T Reservation of seats.
243U Duration of Municipalities, etc.
243V Disqualifications for membership.
243W Powers, authority and responsibilities of Municipalities, etc.
243X. Power to impose taxes by, and Funds of, the Municipalities.
243 Finance Commission.
243Z Audit of accounts of Municipalities.
243ZA Elections to the Municipalities.
243ZB Application to Union territories.
243ZC Part not to apply to certain areas.
243ZD Committee for district planning.
243ZE Committee for Metropolitan planning.
243ZF Continuance of existing laws and Municipalities.
243ZG
Bar to interference by Courts in electoral matters.

PART X
T
HE SCHEDULED AND TRIBAL AREAS
244 Administration of Scheduled Areas and Tribal Areas.
244A Formation of an autonomous State comprising certain tribal areas in Assam and
creation of local Legislature or Council of Ministers or both therefor.

PART XI
R
ELATIONS BETWEEN THE UNION AND THE STATES
C
HAPTER I.⎯L EGISLATIVE RELATIONS
Distribution of Legislative Powers
245 Extent of laws made by Parliament and by the Legislatures of States.

246 Subject-matter of laws made by Parliament and by the Legislatures of States.
247 Power of Parliament to provide for the establishment of certain additional
courts.
248 Residuary powers of legislation.
249 Power of Parliament to legislate with respect to a matter in the State List in the
national interest.
250 Power of Parliament to legislate with respect to any matter in the State List if a
Proclamation of Emergency is in operation.
251 Inconsistency between laws made by Parliament under articles 249 and 250 and
laws made by the Legislatures of States.
252 Power of Parliament to legislate for two or more States by consent and adoption
of such legislation by any other State.
253 Legislation for giving effect to international agreements.
254 Inconsistency between laws made by Parliament and laws made by the
Legislatures of States.
255 Requirements as to recommendations and previous sanctions to be regarded as
matters of procedure only.

CHAPTER II.⎯ ADMINISTRATIVE RELATIONS
General
256 Obligation of States and the Union.
257 Control of the Union over States in certain cases.
257A [Repealed.]

258 Power of the Union to confer powers, etc., on States in certain cases.
258A Power of the States to entrust functions to the Union.
259 [Repealed.] 260 Jurisdiction of the Union in relation to territories outside India.
261 Public acts, records and judicial proceedings.
Disputes relating to Waters
262 Adjudication of disputes relating to waters of inter-State rivers or river valleys.
Co-ordination between States
263 Provisions with respect to an inter-State Council.
PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
C
HAPTER I.⎯F INANCE
General
264 Interpretation.
265 Taxes not to be imposed save by authority of law.
266 Consolidated Funds and public accounts of India and of the States.
267 Contingency Fund.
Distribution of Revenues between the Union and the States
268 Duties levied by the Union but collected and appropriated by the State.

269 Taxes levied and collected by the Union but assigned to the States.
270 Taxes levied and distributed between the Union and the States.
271 Surcharge on certain duties and taxes for purposes of the Union.
272 [Repealed.] 273 Grants in lieu of export duty on jute and jute products.
274 Prior recommendation of President required to Bills affecting taxation in which
States are interested.
275 Grants from the Union to certain States.
276 Taxes on professions, trades, callings and employments.
277 Savings.
278 [Repealed.] 279 Calculation of “net proceeds”, etc.
280 Finance Commission.
281 Recommendations of the Finance Commission.
Miscellaneous financial provisions
282 Expenditure defrayable by the Union or a State out of its revenues.
283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited
to the public accounts.
284 Custody of suitors’ deposits and other moneys received by public servants and
courts.
285 Exemption of property of the Union from State taxation.
286 Restrictions as to imposition of tax on the sale or purchase of goods.
287 Exemption from taxes on electricity.
288 Exemption from taxation by States in respect of water or electricity in certain
cases.
289 Exemption of property and income of a State from Union taxation.
290 Adjustment in respect of certain expenses and pensions.
290A Annual payment to certain Devaswom Funds.
291 [Repealed.]

C
HAPTER II.⎯ B ORROWING

292 Borrowing by the Government of India.
293 Borrowing by States.

C
HAPTER III.⎯ P ROPERTY , CONTRACTS , RIGHTS , LIABILITIES ,
O
BLIGATIONS AND SUITS
294 Succession to property, assets, rights, liabilities and obligations in certain cases.
295 Succession to property, assets, rights, liabilities and obligations in other cases.
296 Property accruing by escheat or laps or as bona vacantia.
297 Things of value within territorial waters or continental shelf and resources of the
exclusive economic zone to vest in the Union.
298 Power to carry on trade, etc.

299 Contracts.
300 Suits and proceedings.

C
HAPTER IV.⎯ R IGHT TO PROPERTY
300A Persons not to be deprived of property save by authority of law.

PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN
THE TERRITORY OF INDIA
301 Freedom of trade, commerce and intercourse.
302 Power of Parliament to impose restrictions on trade, commerce and intercourse.
303 Restrictions on the legislative powers of the Union and of the States with regard
to trade and commerce.
304 Restrictions on trade, commerce and intercourse among States.
305 Saving of existing laws and laws providing for State monopolies.
306 [Repealed.] 307 Appointment of authority for carrying out the purposes of articles 301 to 304.

PART XIV
SERVICES UNDER THE UNION AND THE STATES
C
HAPTER I.⎯ S ERVICES
308 Interpretation.
309 Recruitment and conditions of service of persons serving the Union or a State.
310 Tenure of office of persons serving the Union or a State.
311 Dismissal, removal or reduction in rank of persons employed in civil capacities
under the Union or a State.
312 All-India services.
312A Power of Parliament to vary or revoke conditions of service of officers of
certain services.

313 Transitional provisions.
314
[Repeated.] C
HAPTER II.—P UBLIC SERVICE COMMISSIONS
315 Public Service Commissions for the Union and for the States.
316 Appointment and term of office of members.
317 Removal and suspension of a member of a Public Service Commission.
318 Power to make regulations as to conditions of service of members and staff of
the Commission.
319 Prohibition as to the holding of offices by members of Commission on ceasing
to be such members.
320 Functions of Public Service Commissions.
321 Power to extend functions of Public Service Commissions.
322 Expenses of Public Service Commissions.
323 Reports of Public Service Commissions.

PART XIVA
TRIBUNALS
323A Administrative tribunals.
323B Tribunals for other matters.

PART XV
ELECTIONS
324 Superintendence, direction and control of elections to be vested in an Election
Commission.
325 No person to be ineligible for inclusion in, or to claim to be included in a
special, electoral roll on grounds of religion, race, caste or sex.
326 Elections to the House of the People and to the Legislative Assemblies of States
to be on the basis of adult suffrage.
327 Power of Parliament to make provision with respect to elections to Legislatures.
328 Power of Legislature of a State to make provision with respect to elections to
such Legislature.
329 Bar to interference by courts in electoral matters.
329A [Repealed.]

PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of
the People.
331 Representation of the Anglo-Indian community in the House of the People.
332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the
Legislative Assemblies of the States.
333 Representation of the Anglo-Indian community in the Legislative Assemblies of
the States.
334 Reservation of seats and special representation to cease after sixty years.
335 Claims of Scheduled Castes and Scheduled Tribes to services and posts.
336 Special provision for Anglo-Indian community in certain services.
337 Special provision with respect to educational grants for the benefit of Anglo-
Indian Community.
338 National Commission for Scheduled Castes.
338A National Commission for Scheduled Tribes.
339 Control of the Union over the Administration of Scheduled Areas and the
welfare of Scheduled Tribes.
340 Appointment of a Commission to investigate the conditions of backward
classes.
341 Scheduled Castes.

342 Scheduled Tribes.

PART XVII

OFFICIAL LANGUAGE
C
HAPTER I.—L ANGUAGE OF THE UNION
343 Official language of the Union.
344 Commission and Committee of Parliament on official language.

C
HAPTER II.⎯ R EGIONAL LANGUAGES
345 Official language or languages of a State.
346 Official language for communication between one State and another or between
a State and the Union.
347 Special provision relating to language spoken by a section of the population of a
State.

C
HAPTER III.⎯L ANGUAGE OF THE SUPREME COURT ,
H
IGH COURTS , ETC.
348 Language to be used in the Supreme Court and in the High Courts and for Acts,
Bills, etc.
349 Special procedure for enactment of certain laws relating to language.

C
HAPTER IV.⎯-S PECIAL DIRECTIVES
350 Language to be used in representations for redress of grievances.
350A Facilities for instruction in mother-tongue at primary stage.
350B Special Officer for linguistic minorities.
351 Directive for development of the Hindi language.

PART XVIII
EMERGENCY PROVISIONS
352 Proclamation of Emergency.
353 Effect of Proclamation of Emergency.
354 Application of provisions relating to distribution of revenues while a
Proclamation of Emergency is in operation.
355 Duty of the Union to protect States against external aggression and internal
disturbance.
356 Provisions in case of failure of constitutional machinery in States.
357 Exercise of legislative powers under Proclamation issued under article 356.
358 Suspension of provisions of article 19 during emergencies.
359 Suspension of the enforcement of the rights conferred by Part III during
emergencies.
359A [Repealed.] 360 Provisions as to financial emergency.

PART XIX
MISCELLANEOUS
361 Protection of President and Governors and Rajprakukhs.
361A Protection of publication of proceedings of Parliament and State Legislatures.
361B Disqualification for appointment on remunerative political post.

362 [Repealed.] 363 Bar to interference by courts in disputes arising out of certain treaties,
agreements, etc.
363A Recognition granted to Rulers of Indian States to cease and privy purses to be
abolished.
364 Special provisions as to major ports and aerodromes.
365 Effect of failure to comply with, or to give effect to, directions given by the
Union.
366 Definitions.
367 Interpretation.

PART XX
AMENDMENT OF THE CONSTITUTION
368 Power of Parliament to amend the Constitution and procedure therefor.

PART XXI
TEMPORARY, TRANSITIONAL AND
SPECIAL PROVISIONS
369 Temporary power to Parliament to make laws with respect to certain matters in
the State List as if they were matters in the Concurrent List.
370 Temporary provisions with respect to the State of Jammu and Kashmir.
371 Special provision with respect to the States of Maharashtra and Gujarat.
371A Special provision with respect to the State of Nagaland.
371B Special provision with respect to the State of Assam.
371C Special provision with respect to the State of Manipur.
371D Special provisions with respect to the State of Andhra Pradesh.
371E Establishment of Central University in Andhra Pradesh.
371F Special provisions with respect to the State of Sikkim.
371G Special provision with respect to the State of Mizoram.
371H Special provision with respect to the State of Arunachal Pradesh.
371-I Special provision with respect to the State of Goa.

372 Continuance in force of existing laws and their adaptation.
372A Power of the President to adapt laws.
373 Power of President to make order in respect of persons under preventive
detention in certain cases.
374 Provisions as to Judges of the Federal Court and proceedings pending in the
Federal Court or before His Majesty in Council.
375 Courts, authorities and officers to continue to function subject to the provisions
of the Constitution.
376 Provisions as to Judges of High Courts.
377 Provisions as to Comptroller and Auditor-General of India.
378 Provisions as to Public Service Commissions.
378A Special provision as to duration of Andhra Pradesh Legislative Assembly.

379-391 [Repealed.] 392 Power of the President to remove difficulties.

PART XXII
SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT
IN HINDI AND REPEALS
393 Short title.
394 Commencement.
394A Authoritative text in the Hindi language.
395 Repeals.

SCHEDULES

FIRST SCHEDULE
I.
—The States.
II.
—The Union territories.
SECOND SCHEDULE
PART A
—- Provisions as to the President and the Governors of States.
PART B
—[Repealed.] PART C
—Provisions as to the Speaker and the Deputy Speaker of the House of the
People and the Chairman and the Deputy Chairman of the Council of
States and the Speaker and the Deputy Speaker of the Legislative
Assembly and the Chairman and the Deputy Chairman of the Legislative
Council of a State.
PART D
— Provisions as to the Judges of the Supreme Court and of the High Courts.
PART E
— Provisions as to the Comptroller and Auditor-General of India.
THIRD SCHEDULE
— Forms of Oaths or Affirmations.
FOURTH SCHEDULE
—Allocation of seats in the Council of States.
FIFTH SCHEDULE
— Provisions as to the Administration and Control of Scheduled
Areas and Scheduled Tribes
PART A
—General.
PART B
—Administration and Control of Scheduled Areas and Scheduled Tribes.
PART C
— Scheduled Areas.
PART D
—Amendment of the Schedule.
SIXTH SCHEDULE
—Provisions as to the Administration of Tribal Areas in the States of
Assam, Meghalaya, Tripura and Mizoram.
SEVENTH SCHEDULE
—
List I
— Union List.
List II
— State List.
List III
— Concurrent List.
EIGHTH SCHEDULE
— Languages.
NINTH SCHEDULE
—Validation of certain Acts and Regulations.
TENTH SCHEDULE
— Provisions as to disqualification on ground of defection.

ELEVENTH SCHEDULE — Powers, authority and responsibilities of Panchayats.
TWELFTH SCHEDULE
— Powers, authority and responsibilities of Municipalities, etc.
APPENDIX

APPENDIX I
—The Constitution (Application to Jammu and Kashmir) Order, 1954.
APPENDIX II
— Re-statement, with reference to the present text of the Constitution, of the
exceptions and modifications subject to which the Constitution applies
to the State of Jammu and Kashmir.
APPENDIX III
—Extracts from the Constitution (Forty-fourth Amendment) Act, 1978
APPENDIX IV
—The Constitution (Eighty-sixth Amendment) Act, 2002.
APPENDIX V
—The Constitution (Eighty-eighth Amendment) Act, 2003.

INDEX

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THE CONSTITUTION OF INDIA

P
REAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to
constitute India into a SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.

PART I
THE UNION AND ITS TERRITORY

1. Name and territory of the Union.—(1) India, that is Bharat,
shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the
First Schedule.
(3) The territory of India shall comprise—
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.
2. Admission or establishment of new States.—Parliament may by
law admit into the Union, or establish, new States on such terms and
conditions as it thinks fit.
2A. [Sikkim to be associated with the Union.] Rep. by the
Constitution (Thirty- sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-
1975).
3. Formation of new States and alteration of areas, boundaries or
names of existing States.—Parliament may by law—
(a) form a new State by separation of territory from any State or
by uniting two or more States or parts of States or by uniting any
territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
Provided that no Bill for the purpose shall be introduced in either
House of Parliament except on the recommendation of the President
and unless, where the proposal contained in the Bill affects the area,
boundaries or name of any of the States, the Bill has been referred by
the President to the Legislature of that State for expressing its views
thereon within such period as may be specified in the reference or
within such further period as the President may allow and the period so
specified or allowed has expired.
Explanation I.—In this article, in clauses (a) to (e), “State’’
includes a Union territory, but in the proviso, “State’’ does not include
a Union territory.
Explanation II.—The power conferred on Parliament by clause (a)
includes the power to form a new State or Union territory by uniting a
part of any State or Union territory to any other State or Union
territory.
4. Laws made under articles 2 and 3 to provide for the
amendment of the First and the Fourth Schedules and supplemental,
incidental and consequential matters. —(1) Any law referred to in
article 2 or article 3 shall contain such provisions for the amendment
of the First Schedule and the Fourth Schedule as may be necessary to
give effect to the provisions of the law and may also contain such
supplemental, incidental and consequential provisions (including
provisions as to representation in Parliament and in the Legislature or
Legislatures of the State or States affected by such law) as Parliament
may deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of
this Constitution for the purposes of article 368.

2

PART II
CITIZENSHIP

5. Citizenship at the commencement of the Constitution.—At the
commencement of this Constitution, every person who has his domicile
in the territory of India and—
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for
not less than five years immediately preceding such commencement,
shall be a citizen of India.
6. Rights of citizenship of certain persons who have migrated to
India from Pakistan.—Notwithstanding anything in article 5, a person
who has migrated to the territory of India from the territory now
included in Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if—
(a) he or either of his parents or any of his grandparents was
born in India as defined in the Government of India Act, 1935 (as
originally enacted); and
(b)(i) in the case where such person has so migrated before the
nineteenth day of July, 1948, he has been ordinarily resident in the
territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the
nineteenth day of July, 1948, he has been registered as a citizen of
India by an officer appointed in that behalf by the Government of
the Dominion of India on an application made by him therefor to
such officer before the commencement of this Constitution in the
form and manner prescribed by that Government:

Provided that no person shall be so registered unless he has been
resident in the territory of India for at least six months immediately
preceding the date of his application.

7. Rights of citizenship of certain migrants to Pakistan.—
Notwithstanding anything in articles 5 and 6, a person who has after
the first day of March, 1947, migrated from the territory of India to the
territory now included in Pakistan shall not be deemed to be a citizen
of India:
Provided that nothing in this article shall apply to a person who,
after having so migrated to the territory now included in Pakistan, has
returned to the territory of India under a permit for resettlement or
permanent return issued by or under the authority of any law and every
such person shall for the purposes of clause (b) of article 6 be deemed
to have migrated to the territory of India after the nineteenth day of
July, 1948.
8. Rights of citizenship of certain persons of Indian origin
residing outside India.— Notwithstanding 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 is ordinarily residing in any country
outside India as so defined shall be deemed to be a citizen of India if
he has been registered as a citizen of India by the diplomatic or
consular representative of India in the country where he is for the time

4

being residing on an application made by him therefor to such
diplomatic or consular representative, whether before or after the
commencement of this Constitution, in the form and manner prescribed
by the Government of the Dominion of India or the Government of
India.
9. Persons voluntarily acquiring citizenship of a foreign State not
to be citizens.— No person shall be a citizen of India by virtue of
article 5, or be deemed to be a citizen of India by virtue of article 6 or
article 8, if he has voluntarily acquired the citizenship of any foreign
State.
10. Continuance of the rights of citizenship.—Every person who is
or is deemed to be a citizen of India under any of the foregoing
provisions of this Part shall, subject to the provisions of any law that
may be made by Parliament, continue to be such citizen.
11. Parliament to regulate the right of citizenship by law.—
Nothing in the foregoing provisions of this Part shall derogate from the
power of Parliament to make any provision with respect to the
acquisition and termination of citizenship and all other matters relating
to citizenship.

PART III
FUNDAMENTAL RIGHTS

General
12. Definition.—In this Part, unless the context otherwise requires,
“the State’’ includes the Government and Parliament of India and the
Government and the Legislature of each of the States and all local or
other authorities within the territory of India or under the control of
the Government of India.
13. Laws inconsistent with or in derogation of the fundamental
rights.—(1) All laws in force in the territory of India immediately
before the commencement of this Constitution, in so far as they are
inconsistent with the provisions of this Part, shall, to the extent of
such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges
the rights conferred by this Part and any law made in contravention of
this clause shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires,—
(a) “law” includes any Ordinance, order, bye-law, rule,
regulation, notification, custom or usage having in the territory of
India the force of law;
(b) “laws in force” includes laws passed or made by a
Legislature or other competent authority in the territory of India
before the commencement of this Constitution and not previously
repealed, notwithstanding that any such law or any part thereof may
not be then in operation either at all or in particular areas.
(4) Nothing in this article shall apply to any amendment of this
Constitution made under article 368.
Right to Equality
14. Equality before law.—The State shall not deny to any person
equality before the law or the equal protection of the laws within the
territory of India.
15. Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth.—(1) The State shall not discriminate
against any citizen on grounds only of religion, race, caste, sex, place
of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex,
place of birth or any of them, be subject to any disability, liability,
restriction or condition with regard to—
(a) access to shops, public restaurants, hotels and places of
public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of
public resort maintained wholly or partly out of State funds or
dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any
special provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent
the State from making any special provision for the advancement of
any socially and educationally backward classes of citizens or for the
Scheduled Castes and the Scheduled Tribes.

6

16. Equality of opportunity in matters of public employment.—
(1) There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex,
descent, place of birth, residence or any of them, be ineligible for, or
discriminated against in respect of, any employment or office under
the State.
(3) Nothing in this article shall prevent Parliament from making any
law prescribing, in regard to a class or classes of employment or
appointment to an office under the Government of, or any local or
other authority within, a State or Union territory, any requirement as to
residence within that State or Union territory prior to such employment
or appointment.
(4) Nothing in this article shall prevent the State from making any
provision for the reservation of appointments or posts in favour of any
backward class of citizens which, in the opinion of the State, is not
adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any
provision for reservation in matters of promotion, with consequential
seniority, to any class or classes of posts in the services under the
State in favour of the Scheduled Castes and the Scheduled Tribes
which, in the opinion of the State, are not adequately represented in the
services under the State.
(4B) Nothing in this article shall prevent the State from considering
any unfilled vacancies of a year which are reserved for being filled up
in that year in accordance with any provision for reservation made
under clause (4) or clause (4A) as a separate class of vacancies to be
filled up in any succeeding year or years and such class of vacancies
shall not be considered together with the vacancies of the year in which
they are being filled up for determining the ceiling of fifty per cent.
reservation on total number of vacancies of that year.
(5) Nothing in this article shall affect the operation of any law
which provides that the incumbent of an office in connection with the
affairs of any religious or denominational institution or any member of
the governing body thereof shall be a person professing a particular
religion or belonging to a particular denomination.
17. Abolition of Untouchability.—“Untouchability’’ is abolished
and its practice in any form is forbidden. The enforcement of any
disability arising out of “Untouchability’’ shall be an offence
punishable in accordance with law.
18. Abolition of titles.—(1) No title, not being a military or
academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any
office of profit or trust under the State, accept without the consent of
the President any title from any foreign State.
(4) No person holding any office of profit or trust under the State
shall, without the consent of the President, accept any present,
emolument, or office of any kind from or under any foreign State.
Right to Freedom
19. Protection of certain rights regarding freedom of speech,
etc.—(1) All citizens shall have the right—

(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
* * * * *
(g) to practise any profession, or to carry on any occupation,
trade or business.
(2) Nothing in sub-clause (a) of clause (1) shall affect the operation
of any existing law, or prevent the State from making any law, in so far
as such law imposes reasonable restrictions on the exercise of the right
conferred by the said sub-clause in the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with
foreign States, public order, decency or morality, or in relation to
contempt of court, defamation or incitement to an offence.
(3) Nothing in sub-clause (b) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent the
State from making any law imposing, in the interests of the sovereignty
and integrity of India or public order, reasonable restrictions on the
exercise of the right conferred by the said sub-clause.
(4) Nothing in sub-clause (c) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent the
State from making any law imposing, in the interests of
the sovereignty and integrity of India or public order or morality,
reasonable restrictions on the exercise of the right conferred by the
said sub-clause.
(5) Nothing in sub-clauses (d) and (e) of the said clause shall affect
the operation of any existing law in so far as it imposes, or prevent the
State from making any law imposing, reasonable restrictions on the
exercise of any of the rights conferred by the said sub-clauses either in
the interests of the general public or for the protection of the interests
of any Scheduled Tribe.
(6) Nothing in sub-clause (g) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent the
State from making any law imposing, in the interests of the general
public, reasonable restrictions on the exercise of the right conferred by
the said sub-clause, and, in particular, nothing in the said sub-clause
shall affect the operation of any existing law in so far as it relates to,
or prevent the State from making any law relating to,—
(i) the professional or technical qualifications necessary for
practising any profession or carrying on any occupation, trade or
business, or
(ii) the carrying on by the State, or by a corporation owned or
controlled by the State, of any trade, business, industry or service,
whether to the exclusion, complete or partial, of citizens or
otherwise.
20. Protection in respect of conviction for offences.—(1) No
person shall be convicted of any offence except for violation of a law
in force at the time of the commission of the Act charged as an
offence, nor be subjected to a penalty greater than that which might
have been inflicted under the law in force at the time of the
commission of the offence.

(2) No person shall be prosecuted and punished for the same offence
more than once.
(3) No person accused of any offence shall be compelled to be a
witness against himself.
21. Protection of life and personal liberty.—No person shall be
deprived of his life or personal liberty except according to procedure
established by law.
122. Protection against arrest and detention in certain cases. —
(1) No person who is arrested shall be detained in custody without
being informed, as soon as may be, of the grounds for such arrest nor
shall he be denied the right to consult, and to be defended by, a legal
practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be
produced before the nearest magistrate within a period of twenty-four
hours of such arrest excluding the time necessary for the journey from
the place of arrest to the court of the magistrate and no such person
shall be detained in custody beyond the said period without the
authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply—
(a) to any person who for the time being is an enemy alien; or
(b) to any person who is arrested or detained under any law
providing for preventive detention.
(4) No law providing for preventive detention shall authorise the
detention of a person for a longer period than three months unless—
(a) an Advisory Board consisting of persons who are, or have
been, or are qualified to be appointed as, Judges of a High Court has
reported before the expiration of the said period of three months
that there is in its opinion sufficient cause for such detention:
Provided that nothing in this sub-clause shall authorise the
detention of any person beyond the maximum period prescribed by
any law made by Parliament under sub-clause (b) of clause (7); or
(b) such person is detained in accordance with the provisions of
any law made by Parliament under sub-clauses (a) and (b) of clause
(7).
(5) When any person is detained in pursuance of an order made
under any law providing for preventive detention, the authority making
the order shall, as soon as may be, communicate to such person the
grounds on which the order has been made and shall afford him the
earliest opportunity of making a representation against the order.
(6) Nothing in clause (5) shall require the authority making any such
order as is referred to in that clause to disclose facts which such
authority considers to be against the public interest to disclose.
(7) Parliament may by law prescribe—
(a) the circumstances under which, and the class or classes of
cases in which, a person may be detained for a period longer than
three months under any law providing for preventive detention
without obtaining the opinion of an Advisory Board in accordance
with the provisions of sub-clause (a) of clause (4);
(b) the maximum period for which any person may in any class
or classes of cases be detained under any law providing for
preventive detention; and
_______________________________________________ 1.On the commencement of s. 3 of the Constitution (Forty-fourth Amendment) Act, 1978, art. 22 shall stand
amended as directed in s. 3 of that Act. For the text of s. 3 of that Act, see Appendix III.

(c) the procedure to be followed by an Advisory Board in an
inquiry under sub-clause (a) of clause (4).
Right against Exploitation
23. Prohibition of traffic in human beings and forced labour.—(1)
Traffic in human beings and begar and other similar forms of forced
labour are prohibited and any contravention of this provision shall be
an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, and in imposing such service
the State shall not make any discrimination on grounds only of
religion, race, caste or class or any of them.
24. Prohibition of employment of children in factories, etc. —No
child below the age of fourteen years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.

Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and
propagation of religion.—(1) Subject to public order, morality and
health and to the other provisions of this Part, all persons are equally
entitled to freedom of conscience and the right freely to profess,
practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing
law or prevent the State from making any law—
(a) regulating or restricting any economic, financial, political or
other secular activity which may be associated with religious
practice;
(b) providing for social welfare and reform or the throwing open
of Hindu religious institutions of a public character to all classes
and sections of Hindus.
Explanation I.—The wearing and carrying of kirpans shall be deemed
to be included in the profession of the Sikh religion.
Explanation II.—In sub-clause (b) of clause (2), the reference to
Hindus shall be construed as including a reference to persons
professing the Sikh, Jaina or Buddhist religion, and the reference to
Hindu religious institutions shall be construed accordingly.
26. Freedom to manage religious affairs.—Subject to public order,
morality and health, every religious denomination or any section
thereof shall have the right—
(a) to establish and maintain institutions for religious and
charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
27. Freedom as to payment of taxes for promotion of any
particular religion.—No person shall be compelled to pay any taxes,
the proceeds of which are specifically appropriated in payment of
expenses for the promotion or maintenance of any particular religion or
religious denomination.
28. Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.—(1) No religious

instruction shall be provided in any educational institution wholly
maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution
which is administered by the State but has been established under any
endowment or trust which requires that religious instruction shall be
imparted in such institution.
(3) No person attending any educational institution recognised by
the State or receiving aid out of State funds shall be required to take
part in any religious instruction that may be imparted in such
institution or to attend any religious worship that may be conducted in
such institution or in any premises attached thereto unless such person
or, if such person is a minor, his guardian has given his consent
thereto.
Cultural and Educational Rights
29. Protection of interests of minorities.—(1) Any section of the
citizens residing in the territory of India or any part thereof having a
distinct language, script or culture of its own shall have the right to
conserve the same.
(2) No citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of State funds
on grounds only of religion, race, caste, language or any of them.
30. Right of minorities to establish and administer educational
institutions. — (1) All minorities, whether based on religion or
language, shall have the right to establish and administer educational
institutions of their choice.
(1A) In making any law providing for the compulsory acquisition of
any property of an educational institution established and administered
by a minority, referred to in clause (1), the State shall ensure that the
amount fixed by or determined under such law for the acquisition of
such property is such as would not restrict or abrogate the right
guaranteed under that clause.
(2) The State shall not, in granting aid to educational institutions,
discriminate against any educational institution on the ground that it is
under the management of a minority, whether based on religion or
language.

* * *
31. [Compulsory acquisition of property.] Rep. by the Constitution
(Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).
Saving of Certain Laws
31A. Saving of laws providing for acquisition of estates, etc.—
(1) Notwithstanding anything contained in article 13, no law providing
for—
(a) the acquisition by the State of any estate or of any rights
therein or the extinguishment or modification of any such rights, or

(b) the taking over of the management of any property by the
State for a limited period either in the public interest or in order to
secure the proper management of the property, or
(c) the amalgamation of two or more corporations either in the public interest or in order to secure the
proper management of any of the corporations, or
(d) the extinguishment or modification of any rights of
managing agents, secretaries and treasurers, managing directors,
directors or managers of corporations, or of any voting rights of
shareholders thereof, or
(e) the extinguishment or modification of any rights accruing by
virtue of any agreement, lease or licence for the purpose of
searching for, or winning, any mineral or mineral oil, or the
premature termination or cancellation of any such agreement, lease
or licence,
shall be deemed to be void on the ground that it is inconsistent with, or
takes away or abridges any of the rights conferred by article 14 or
article 19:

Provided that where such law is a law made by the Legislature of a
State, the provisions of this article shall not apply thereto unless such
law, having been reserved for the consideration of the President, has
received his assent:
Provided further that where any law makes any provision for the
acquisition by the State of any estate and where any land comprised
therein is held by a person under his personal cultivation, it shall not
be lawful for the State to acquire any portion of such land as is within
the ceiling limit applicable to him under any law for the time being in
force or any building or structure standing thereon or appurtenant
thereto, unless the law relating to the acquisition of such land, building
or structure, provides for payment of compensation at a rate which
shall not be less than the market value thereof.
(2) In this article,—
(a) the expression ‘‘estate’’ shall, in relation to any local area,
have the same meaning as that expression or its local equivalent has
in the existing law relating to land tenures in force in that area and
shall also include—
(i) any jagir, inam or muafi or other similar grant and in
the States of Tamil Nadu and Kerala, any janmam right;
(ii) any land held under ryotwari settlement;
(iii) any land held or let for purposes of agriculture or for
purposes ancillary thereto, including waste land, forest land,
land for pasture or sites of buildings and other structures
occupied by cultivators of land, agricultural labourers and
village artisans;
(b) the expression ‘‘rights’’, in relation to an estate, shall
include any rights vesting in a proprietor, sub-proprietor, under-
proprietor, tenure-holder, raiyat, under-raiyat or other intermediary
and any rights or privileges in respect of land revenue.
31B. Validation of certain Acts and Regulations.—Without
prejudice to the generality of the provisions contained in article 31A,
none of the Acts and Regulations specified in the Ninth Schedule nor
any of the provisions thereof shall be deemed to be void, or ever to
have become void, on the ground that such Act, Regulation or

provision is inconsistent with, or takes away or abridges any of the
rights conferred by, any provisions of this Part, and notwithstanding
any judgment, decree or order of any court or Tribunal to the contrary,
each of the said Acts and Regulations shall, subject to the power of any
competent Legislature to repeal or amend it, continue in force.
31C. Saving of laws giving effect to certain directive principles.—
Notwithstanding anything contained in article 13, no law giving effect
to the policy of the State towards securing
1[all or any of the principles
laid down in Part IV] shall be deemed to be void on the ground that it
is inconsistent with, or takes away or abridges any of the rights
conferred by article 14 or article 19;
2and no law containing a
declaration that it is for giving effect to such policy shall be called in
question in any court on the ground that it does not give effect to such
policy:
Provided that where such law is made by the Legislature of a State,
the provisions of this article shall not apply thereto unless such law,
having been reserved for the consideration of the President, has
received his assent.
31D. [Saving of laws in respect of anti-national activities.] Rep. by
the Constitution (Forty-third Amendment) Act,1977, s.2 (w.e.f.13-4-
1978).
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part.—
(1) The right to move the Supreme Court by appropriate proceedings
for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders
or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this
Part.
(3) Without prejudice to the powers conferred on the Supreme Court
by clauses (1) and (2), Parliament may by law empower any other court
to exercise within the local limits of its jurisdiction all or any of the
powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended
except as otherwise provided for by this Constitution.
32A. [Constitutional validity of State laws not to be considered in
proceedings under article 32.] Rep. by the Constitution (Forty-third
Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).
33. Power of Parliament to modify the rights conferred by this
Part in their application to Forces, etc.—Parliament may, by law,
determine to what extent any of the rights conferred by this Part shall,
in their application to,—
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of
public order; or
(c) persons employed in any bureau or other organisation
established by the State for purposes of intelligence or counter
intelligence; or
____________________________________________ 1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “the principles specified in
clause (b) or clause (c) of article 39” (w.e.f. 3.1.1977). Section 4 has been declared invalid by the
Supreme Court in Minerva Mills Ltd. and others vs. Union of India and others (1980) s. 2, S.C.C.
591.
2. In Kesavananda Bharati vs. the State of Kerala (1973),Supp. S.C.R.1., the Supreme Court held the
provisions in italics to be invalid.

(d) persons employed in, or in connection with, the
telecommunication systems set up for the purposes of any Force,
bureau or organisation referred to in clauses (a) to (c),
be restricted or abrogated so as to ensure the proper discharge of their
duties and the maintenance of discipline among them
34. Restriction on rights conferred by this Part while martial
law is in force in any area.—Notwithstanding anything in the
foregoing provisions of this Part, Parliament may by law indemnify any
person in the service of the Union or of a State or any other person in
respect of any act done by him in connection with the maintenance or
restoration of order in any area within the territory of India where
martial law was in force or validate any sentence passed, punishment
inflicted, forfeiture ordered or other act done under martial law in such
area.
35. Legislation to give effect to the provisions of this Part.—
Notwithstanding anything in this Constitution,—
(a) Parliament shall have, and the Legislature of a State shall
not have, power to make laws—
(i) with respect to any of the matters which under clause (3)
of article 16, clause (3) of article 32, article 33 and article 34
may be provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are
declared to be offences under this Part;
and Parliament shall, as soon as may be after the commencement of
this Constitution, make laws for prescribing punishment for the acts
referred to in sub-clause (ii);
(b) any law in force immediately before the commencement of
this Constitution in the territory of India with respect to any of the
matters referred to in sub-clause (i) of clause (a) or providing for
punishment for any act referred to in sub-clause (ii) of that clause
shall, subject to the terms thereof and to any adaptations and
modifications that may be made therein under article 372, continue
in force until altered or repealed or amended by Parliament.
Explanation.—In this article, the expression “law in force” has the
same meaning as in article 372.

PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition.—In this Part, unless the context otherwise requires,
‘‘the State’’ has the same meaning as in Part III.
37. Application of the principles contained in this Part.—The
provisions contained in this Part shall not be enforceable by any court,
but the principles therein laid down are nevertheless fundamental in the
governance of the country and it shall be the duty of the State to apply
these principles in making laws.
38. State to secure a social order for the promotion of welfare of
the people.—(1) The State shall strive to promote the welfare of the
people by securing and protecting as effectively as it may a social
order in which justice, social, economic and political, shall inform all
the institutions of the national life.
(2) The State shall, in particular, strive to minimise the inequalities
in income, and endeavour to eliminate inequalities in status, facilities
and opportunities, not only amongst individuals but also amongst
groups of people residing in different areas or engaged in different
vocations.
39. Certain principles of policy to be followed by the State.—The
State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to
an adequate means of livelihood;
(b) that the ownership and control of the material resources of
the community are so distributed as best to subserve the common
good;
(c) that the operation of the economic system does not result in
the concentration of wealth and means of production to the common
detriment;
(d) that there is equal pay for equal work for both men and
women;
(e) that the health and strength of workers, men and women, and
the tender age of children are not abused and that citizens are not
forced by economic necessity to enter avocations unsuited to their
age or strength;
(f) that children are given opportunities and facilities to develop
in a healthy manner and in conditions of freedom and dignity and
that childhood and youth are protected against exploitation and
against moral and material abandonment.
39A. Equal justice and free legal aid.—The State shall secure that
the operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities

17

for securing justice are not denied to any citizen by reason of economic
or other disabilities.
40. Organisation of village panchayats.—The State shall take steps
to organise village panchayats and endow them with such powers and
authority as may be necessary to enable them to function as units of
self-government.
41. Right to work, to education and to public assistance in
certain cases.—The State shall, within the limits of its economic
capacity and development, make effective provision for securing the
right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of
undeserved want.
42. Provision for just and humane conditions of work and
maternity relief.—The State shall make provision for securing just and
humane conditions of work and for maternity relief.
43. Living wage, etc., for workers.—The State shall endeavour to
secure, by suitable legislation or economic organisation or in any other
way, to all workers, agricultural, industrial or otherwise, work, a living
wage, conditions of work ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities and, in
particular, the State shall endeavour to promote cottage industries on
an individual or co-operative basis in rural areas.
43A. Participation of workers in management of industries.—The
State shall take steps, by suitable legislation or in any other way, to
secure the participation of workers in the management of undertakings,
establishments or other organisations engaged in any industry.
44. Uniform civil code for the citizens.—The State shall endeavour
to secure for the citizens a uniform civil code throughout the territory
of India.
45. Provision for free and compulsory education for children.—
The State shall endeavour to provide, within a period of ten years from
the commencement of this Constitution, for free and compulsory
education for all children until they complete the age of fourteen years.
46. Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections.—The State
shall promote with special care the educational and economic interests
of the weaker sections of the people, and, in particular, of the
Scheduled Castes and the Scheduled Tribes, and shall protect them
from social injustice and all forms of exploitation.
47. Duty of the State to raise the level of nutrition and the
standard of living and to improve public health.—The State shall
regard the raising of the level of nutrition and the standard of living of
its people and the improvement of public health as among its primary
duties and, in particular, the State shall endeavour to bring about
prohibition of the consumption except for medicinal purposes of
intoxicating drinks and of drugs which are injurious to health.
48. Organisation of agriculture and animal husbandry.—The State
shall endeavour to organise agriculture and animal husbandry on
modern and scientific lines and shall, in particular, take steps for
preserving and improving the breeds, and prohibiting the slaughter, of
cows and calves and other milch and draught cattle.
48A. Protection and improvement of environment and
safeguarding of forests and wild life.—The State shall endeavour to

protect and improve the environment and to safeguard the forests and
wild life of the country.
49. Protection of monuments and places and objects of national
importance.—It shall be the obligation of the State to protect every
monument or place or object of artistic or historic interest, declared by
or under law made by Parliament to be of national importance, from
spoliation, disfigurement, destruction, removal, disposal or export, as
the case may be.
50. Separation of judiciary from executive.—The State shall take
steps to separate the judiciary from the executive in the public services
of the State.
51. Promotion of international peace and security.—The State
shall endeavour to—
(a) promote international peace and security;
(b) maintain just and honorable relations between nations;
(c) foster respect for international law and treaty obligations in
the dealings of organized peoples with one another; and
(d) encourage settlement of international disputes by arbitration.

PART IVA
PART IVA
FUNDAMENTAL DUTIES

51A. Fundamental duties.—It shall be the duty of every citizen of
India—
(a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our
national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of
India;
(d) to defend the country and render national service when
called upon to do so;
(e) to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic
and regional or sectional diversities; to renounce practices
derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite
culture;
(g) to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for
living creatures;
(h) to develop the scientific temper, humanism and the spirit of
inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher levels
of endeavour and achievement.

PART V
THE UNION
C
HAPTER I.—T HE EXECUTIVE
The President and Vice-President
52. The President of India.—There shall be a President of India.
53. Executive power of the Union.—(1) The executive power of the
Union shall be vested in the President and shall be exercised by him
either directly or through officers subordinate to him in accordance
with this Constitution.
(2) Without prejudice to the generality of the foregoing provision,
the supreme command of the Defence Forces of the Union shall be
vested in the President and the exercise thereof shall be regulated by
law.
(3) Nothing in this article shall—
(a) be deemed to transfer to the President any functions
conferred by any existing law on the Government of any State or
other authority; or
(b) prevent Parliament from conferring by law functions on
authorities other than the President.
54. Election of President.—The President shall be elected by the
members of an electoral college consisting of—
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the
States.

20

Explanation.—In this article and in article 55, ‘‘State’’ includes the
National Capital Territory of Delhi and the Union territory of
Pondicherry.
55. Manner of election of President. —(1) As far as practicable,
there shall be uniformity in the scale of representation of the different
States at the election of the President.
(2) For the purpose of securing such uniformity among the States
inter se as well as parity between the States as a whole and the Union,
the number of votes which each elected member of Parliament and of
the Legislative Assembly of each State is entitled to cast at such
election shall be determined in the following manner:—
(a) every elected member of the Legislative Assembly of a State
shall have as many votes as there are multiples of one thousand in
the quotient obtained by dividing the population of the State by the
total number of the elected members of the Assembly;
(b) if, after taking the said multiples of one thousand, the
remainder is not less than five hundred, then the vote of each
member referred to in sub-clause (a) shall be further increased by
one;
(c) each elected member of either House of Parliament shall have such
number of votes as may be obtained by dividing the total number of votes assigned to
the members of the Legislative Assemblies of the States under sub-clauses (a) and (b)
by the total number of the elected members of both Houses of Parliament, fractions
exceeding one-half being counted as one and other fractions being disregarded.
(3) The election of the President shall be held in accordance with the system of
proportional representation by means of the single transferable vote and the voting at
such election shall be by secret ballot.
Explanation.— In this article, the expression ‘‘population’’ means the population as
ascertained at the last preceding census of which the relevant figures have been
published:
Provided that the reference in this Explanation to the last preceding census of which
the relevant figures have been published shall, until the relevant figures for the first
census taken after the year 2026 have been published, be construed as a reference to the
1971 census.
56. Term of office of President.—(1) The President shall hold office for a term of
five years from the date on which he enters upon his office:
Provided that—
(a) the President may, by writing under his hand addressed to
the Vice-President, resign his office;
(b) the President may, for violation of the Constitution, be
removed from office by impeachment in the manner provided in
article 61;
(c) the President shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his
office.
(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to
clause (1) shall forthwith be communicated by him to the Speaker of the House of the
People.
57. Eligibility for re-election.—A person who holds, or who has held, office as
President shall, subject to the other provisions of this Constitution, be eligible for re-
election to that office.
21

58. Qualifications for election as President.—(1) No person shall be eligible for
election as President unless he—
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the
People.
(2) A person shall not be eligible for election as President if he
holds any office of profit under the Government of India or the
Government of any State or under any local or other authority subject
to the control of any of the said Governments.
Explanation.—For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the
President or Vice- President of the Union or the Governor of any State
or is a Minister either for the Union or for any State.
59. Conditions of President’s office.—(1) The President shall not be
a member of either House of Parliament or of a House of the
Legislature of any State, and if a member of either House of Parliament
or of a House of the Legislature of any State be elected President, he
shall be deemed to have vacated his seat in that House on the date on
which he enters upon his office as President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the use
of his official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law
and, until provision in that behalf is so made, such emoluments,
allowances and privileges as are specified in the Second Schedule.
(4) The emoluments and allowances of the President shall not be
diminished during his term of office.
60. Oath or affirmation by the President.—Every President and
every person acting as President or discharging the functions of the
President shall, before entering upon his office, make and subscribe in
the presence of the Chief Justice of India or, in his absence, the senior-
most Judge of the Supreme Court available, an oath or affirmation in
the following form, that is to say—
“I, A.B., do
swear in the name of God that I will faithfully execute solemnly affirm
t h e o f f i c e o f President (or discharge the functions of the President) of India and will to the best of my ability
preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-
being of the people of India.”.
61. Procedure for impeachment of the President.—(1) When a
President is to be impeached for violation of the Constitution, the
charge shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless—
(a) the proposal to prefer such charge is contained in a
resolution which has been moved after at least fourteen days’ notice
in writing signed by not less than one-fourth of the total number of
members of the House has been given of their intention to move the
resolution, and
(b) such resolution has been passed by a majority of not less
than two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of
Parliament, the other House shall investigate the charge or cause the

charge to be investigated and the President shall have the right to
appear and to be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not less
than two-thirds of the total membership of the House by which the charge was
investigated or caused to be investigated, declaring that the charge preferred against the
President has been sustained, such resolution shall have the effect of removing the
President from his office as from the date on which the resolution is so passed.
62. Time of holding election to fill vacancy in the office of President and the term of office of person elected
to fill casual vacancy. —(1) An election to fill a vacancy caused by the expiration of the term of office of President
shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of President occurring by reason of his
death, resignation or removal, or otherwise shall be held as soon as possible after, and in
no case later than six months from, the date of occurrence of the vacancy; and the person
elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold
office for the full term of five years from the date on which he enters upon his office.
63. The Vice-President of India.—There shall be a Vice-President of India.
64. The Vice-President to be ex officio Chairman of the Council of States.—The
Vice-President shall be ex officio Chairman of the Council of States and shall not hold
any other office of profit:
Provided that during any period when the Vice-President acts as President or
discharges the functions of the President under article 65, he shall not perform the duties
of the office of Chairman of the Council of States and shall not be entitled to any salary
or allowance payable to the Chairman of the Council of States under article 97.
65. The Vice-President to act as President or to discharge his functions during casual vacancies in the
office, or during the absence, of President.— (1) In the event of the occurrence of any vacancy in the office of the
President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the
date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters
upon his office.
(2) When the President is unable to discharge his functions owing to absence, illness
or any other cause, the Vice-President shall discharge his functions until the date on
which the President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while he is so acting
as, or discharging the functions of, President, have all the powers and immunities of the
President and be entitled to such emoluments, allowances and privileges as may be
determined by Parliament by law and, until provision in that behalf is so made, such
emoluments, allowances and privileges as are specified in the Second Schedule.
66. Election of Vice-President.—(1) The Vice-President shall be elected by the
members of an electoral college consisting of the members of both Houses of Parliament
in accordance with the system of proportional representation by means of the single
transferable vote and the voting at such election shall be by secret ballot.
(2) The Vice-President shall not be a member of either House of
Parliament or of a House of the Legislature of any State, and if a
member of either House of Parliament or of a House of the Legislature
of any State be elected Vice-President, he shall be deemed to have
vacated his seat in that House on the date on which he enters upon his
office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless
he—
(a) is a citizen of India;
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of
States.

(4) A person shall not be eligible for election as Vice-President if he
holds any office of profit under the Government of India or the
Government of any State or under any local or other authority subject
to the control of any of the said Governments.
Explanation.— For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the
President or Vice- President of the Union or the Governor of any State
or is a Minister either for the Union or for any State.
67. Term of office of Vice-President.—The Vice-President shall
hold office for a term of five years from the date on which he enters
upon his office:
Provided that—
(a) a Vice-President may, by writing under his hand addressed to
the President, resign his office;
(b) a Vice-President may be removed from his office by a
resolution of the Council of States passed by a majority of all the
then members of the Council and agreed to by the House of the
People; but no resolution for the purpose of this clause shall be
moved unless at least fourteen days’ notice has been given of the
intention to move the resolution;
(c) a Vice-President shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his
office.
68. Time of holding election to fill vacancy in the office of Vice-
President and the term of office of person elected to fill casual
vacancy.—(1) An election to fill a vacancy caused by the expiration of
the term of office of Vice-President shall be completed before the
expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President
occurring by reason of his death, resignation or removal, or otherwise
shall be held as soon as possible after the occurrence of the vacancy,
and the person elected to fill the vacancy shall, subject to the
provisions of article 67, be entitled to hold office for the full term of
five years from the date on which he enters upon his office.
69. Oath or affirmation by the Vice-President.—Every Vice-President shall,
before entering upon his office, make and subscribe before the President, or some
person appointed
in that behalf by him, an oath or affirmation in the following form, that is to say—
“I, A.B., do
swear in the name of God that I will bear true faith
and
solemnly affirm
allegiance to the Constitution of India as by law established and that I
will faithfully discharge the duty upon which I am about to enter.”
70. Discharge of President’s functions in other contingencies.—Parliament may
make such provisions as it thinks fit for the discharge of the functions of the President in
any contingency not provided for in this Chapter.
71. Matters relating to, or connected with, the election of a
President or Vice-President.—(1) All doubts and disputes arising out
of or in connection with the election of a President or Vice-President
shall be inquired into and decided by the Supreme Court whose
decision shall be final.

(2) If the election of a person as President or Vice-President is declared void by the
Supreme Court, acts done by him in the exercise and performance of the powers and
duties of the office of President or Vice-President, as the case may be, on or before the
date of the decision of the Supreme Court shall not be invalidated by reason of that
declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any
matter relating to or connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall not be called in
question on the ground of the existence of any vacancy for whatever reason among the
members of the electoral college electing him.
72. Power of President to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases.— (1) The President shall have the power to grant pardons,
reprieves, respites or remissions of punishment or to suspend, remit or commute the
sentence of any person convicted of any offence—
(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against any
law relating to a matter to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on
any officer of the Armed Forces of the Union to suspend, remit or commute a sentence
passed by a Court Martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or
commute a sentence of death exercisable by the Governor of a State under any law for
the time being in force.
73. Extent of executive power of the Union.— (1) Subject to the provisions of this
Constitution, the executive power of the Union shall extend—
(a) to the matters with respect to which Parliament has power
to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as
are exercisable by the Government of India by virtue of any
treaty or agreement:
Provided that the executive power referred to in sub-clause (a)
shall not, save as expressly provided in this Constitution or in any law
made by Parliament, extend in any State to matters with respect to
which the Legislature of the State has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer
or authority of a State may, notwithstanding anything in this article,
continue to exercise in matters with respect to which Parliament has
power to make laws for that State such executive power or functions as
the State or officer or authority thereof could exercise immediately
before the commencement of this Constitution.
Council of Ministers
74. Council of Ministers to aid and advise President.—(1) There
shall be a Council of Ministers with the Prime Minister at the head to
aid and advise the President who shall, in the exercise of his functions,
act in accordance with such advice:
Provided that the President may require the Council of Ministers to
reconsider such advice, either generally or otherwise, and the President
shall act in accordance with the advice tendered after such
reconsideration.

(2) The question whether any, and if so what, advice was tendered
by Ministers to the President shall not be inquired into in any court.
75. Other provisions as to Ministers.—(1) The Prime Minister
shall be appointed by the President and the other Ministers shall be
appointed by the President on the advice of the Prime Minister.
(1A) The total number of Ministers, including the Prime Minister, in
the Council of Ministers shall not exceed fifteen per cent. of the total
number of members of the House of the People.
(1B) A member of either House of Parliament belonging to any
political party who is disqualified for being a member of that House
under paragraph 2 of the Tenth Schedule shall also be disqualified to
be appointed as a Minister under clause (1) for duration of the period
commencing from the date of his disqualification till the date on which
the term of his office as such member would expire or where he
contests any election to either House of Parliament before the expiry of
such period, till the date on which he is declared elected, whichever is
earlier.
(2) The Ministers shall hold office during the pleasure of the
President.
(3) The Council of Ministers shall be collectively responsible to the
House of the People.
(4) Before a Minister enters upon his office, the President shall
administer to him the oaths of office and of secrecy according to the
forms set out for the purpose in the Third Schedule.
(5) A Minister who for any period of six consecutive months is not
a member of either House of Parliament shall at the expiration of that
period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as
Parliament may from time to time by law determine and, until
Parliament so determines, shall be as specified in the Second Schedule.
The Attorney-General for India
76. Attorney-General for India.—(1) The President shall appoint a person who is
qualified to be appointed a Judge of the Supreme Court to be Attorney- General for
India.
(2) It shall be the duty of the Attorney-General to give advice to the Government of
India upon such legal matters, and to perform such other duties of a legal character, as
may from time to time be referred or assigned to him by the President, and to discharge
the functions conferred on him by or under this Constitution or any other law for the time
being in force.
(3) In the performance of his duties the Attorney-General shall have right of
audience in all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the President, and
shall receive such remuneration as the President may determine.
Conduct of Government Business
77. Conduct of business of the Government of India.—(1) All executive action of
the Government of India shall be expressed to be taken in the name of the President.
(2) Orders and other instruments made and executed in the name of the President
shall be authenticated in such manner as may be specified in rules to be made by the
President, and the validity of an order or instrument which is so authenticated shall not
be called in question on the ground that it is not an order or instrument made or executed
by the President.

(3) The President shall make rules for the more convenient transaction of the
business of the Government of India, and for the allocation among Ministers of the said
business.
* * * *
*
78. Duties of Prime Minister as respects the furnishing of information to the
President, etc.—It shall be the duty of the Prime Minister—
(a) to communicate to the President all decisions of the
Council of Ministers relating to the administration of the affairs of
the Union and proposals for legislation;
(b) to furnish such information relating to the administration of
the affairs of the Union and proposals for legislation as the
President may call for; and
(c) if the President so requires, to submit for the consideration
of the Council of Ministers any matter on which a decision has been
taken by a Minister but which has not been considered by the
Council.
C
HAPTER II.—P ARLIAMENT
General
79. Constitution of Parliament.—There shall be a Parliament for the Union which
shall consist of the President and two Houses to be known respectively as the Council of
States and the House of the People.
80. Composition of the Council of States.—(1) The Council of States shall consist
of—
(a) twelve members to be nominated by the President in accordance with the
provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of the States and
of the Union territories.
(2) The allocation of seats in the Council of States to be filled by representatives of
the States and of the Union territories shall be in accordance with the provisions in that
behalf contained in the Fourth Schedule.
(3) The members to be nominated by the President under sub-clause (a) of clause (1)
shall consist of persons having special knowledge or practical experience in respect of
such matters as the following, namely:—

Literature, science, art and social service.
(4) The representatives of each State in the Council of States shall be elected by the
elected members of the Legislative Assembly of the State in accordance with the system
of proportional representation by means of the single transferable vote.
(5) The representatives of the Union territories in the Council of States shall be
chosen in such manner as Parliament may by law prescribe.
81. Composition of the House of the People.—(1) Subject to the provisions of
article 331, the House of the People shall consist of—
(a) not more than five hundred and thirty members chosen by direct election
from territorial constituencies in the States, and
(b) not more than twenty members to represent the Union territories, chosen in
such manner as Parliament may by law provide.
(2) For the purposes of sub-clause (a) of clause (1),—

(a) there shall be allotted to each State a number of seats in the House of the
People in such manner that the ratio between that number and the population of the
State is, so far as practicable, the same for all States; and
(b) each State shall be divided into territorial constituencies in such manner that
the ratio between the population of each constituency and the number of seats allotted
to it is, so far as practicable, the same throughout the State:
Provided that the provisions of sub-clause (a) of this clause shall not be applicable
for the purpose of allotment of seats in the House of the People to any State so long as
the population of that State does not exceed six millions.
(3) In this article, the expression “population” means the population as ascertained at
the last preceding census of which the relevant figures have been published:
Provided that the reference in this clause to the last preceding census of which the
relevant figures have been published shall, until the relevant figures for the first census
taken after the year 2026 have been published, be construed, —
(
i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause,
as a reference to the 1971 census; and
(ii) for the purposes of sub-clause (b) of clause (2) as a reference to the 2001
census.
82. Readjustment after each census.—Upon the completion of each census, the
allocation of seats in the House of the People to the States and the division of each State
into territorial constituencies shall be readjusted by such authority and in such manner as
Parliament may by law determine:
Provided that such readjustment shall not affect representation in the House of the
People until the dissolution of the then existing House:
Provided further that such readjustment shall take effect from such date as the
President may, by order, specify and until such readjustment takes effect, any election to
the House may be held on the basis of the territorial constituencies existing before such
readjustment:
Provided also that until the relevant figures for the first census taken after the year
2026 have been published, it shall not be necessary to readjust—
(i) the allocation of seats in the House of People to the States as readjusted
on the basis of the 1971 census; and
(ii) the division of each State into territorial constituencies as may be
readjusted on the basis of the 2001 census,
under this article.
83. Duration of Houses of Parliament.—(1) The Council of States
shall not be subject to dissolution, but as nearly as possible one-third
of the members thereof shall retire as soon as may be on the expiration
of every second year in accordance with the provisions made in that
behalf by Parliament by law.
(2) The House of the People, unless sooner dissolved, shall
continue for five years from the date appointed for its first meeting and
no longer and the expiration of the said period of five years shall
operate as a dissolution of the House:
Provided that the said period may, while a Proclamation of
Emergency is in operation, be extended by Parliament by law for a
period not exceeding one year at a time and not extending in any case
beyond a period of six months after the Proclamation has ceased to
operate.
84. Qualification for membership of Parliament.—A person shall
not be qualified to be chosen to fill a seat in Parliament unless he—

(a) is a citizen of India, and makes and subscribes before some
person authorised in that behalf by the Election Commission an oath
or affirmation according to the form set out for the purpose in the
Third Schedule;
(b) is, in the case of a seat in the Council of States, not less than
thirty years of age and, in the case of a seat in the House of the
People, not less than twenty- five years of age; and
(c) possesses such other qualifications as may be prescribed in
that behalf by or under any law made by Parliament.
85. Sessions of Parliament, prorogation and dissolution.—(1) The
President shall from time to time summon each House of Parliament to
meet at such time and place as he thinks fit, but six months shall not
intervene between its last sitting in one session and the date appointed
for its first sitting in the next session.
(2) The President may from time to time—
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.
86. Right of President to address and send messages to Houses.—
(1) The President may address either House of Parliament or both
Houses assembled together, and for that purpose require the attendance
of members.
(2) The President may send messages to either House of Parliament,
whether with respect to a Bill then pending in Parliament or otherwise,
and a House to which any message is so sent shall with all convenient
despatch consider any matter required by the message to be taken into
consideration.
87. Special address by the President.—(1) At the commencement of
the first session after each general election to the House of the People
and at the commencement of the first session of each year the President
shall address both Houses of Parliament assembled together and inform
Parliament of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of
either House for the allotment of time for discussion of the matters
referred to in such address.
88. Rights of Ministers and Attorney-General as respects
Houses.—Every Minister and the Attorney-General of India shall have
the right to speak in, and otherwise to take part in the proceedings of,
either House, any joint sitting of the Houses, and any committee of
Parliament of which he may be named a member, but shall not by virtue
of this article be entitled to vote.
Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of
States.—(1) The Vice- President of India shall be ex officio Chairman
of the Council of States.
(2) The Council of States shall, as soon as may be, choose a member
of the Council to be Deputy Chairman thereof and, so often as the
office of Deputy Chairman becomes vacant, the Council shall choose
another member to be Deputy Chairman thereof.
90. Vacation and resignation of, and removal from, the office of
Deputy Chairman.—A member holding office as Deputy Chairman of
the Council of States—

(a) shall vacate his office if he ceases to be a member of the
Council;
(b) may at any time, by writing under his hand addressed to the
Chairman, resign his office; and
(c) may be removed from his office by a resolution of the
Council passed by a majority of all the then members of the
Council:
Provided that no resolution for the purpose of clause (c) shall be
moved unless at least fourteen days’ notice has been given of the
intention to move the resolution.
91. Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.—(1)While the office
of Chairman is vacant, or during any period when the Vice-President is
acting as, or discharging the functions of, President, the duties of the
office shall be performed by the Deputy Chairman, or, if the office of
Deputy Chairman is also vacant, by such member of the Council of
States as the President may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the
Council of States the Deputy Chairman, or, if he is also absent, such
person as may be determined by the rules of procedure of the Council,
or, if no such person is present, such other person as may be
determined by the Council, shall act as Chairman.
92. The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.—
(1) At any sitting of the Council of States, while any resolution for the
removal of the Vice-President from his office is under consideration,
the Chairman, or while any resolution for the removal of the Deputy
Chairman from his office is under consideration, the Deputy Chairman,
shall not, though he is present, preside, and the provisions of clause
(2) of article 91 shall apply in relation to every such sitting as they
apply in relation to a sitting from which the Chairman, or, as the case
may be, the Deputy Chairman, is absent.
(2) The Chairman shall have the right to speak in, and otherwise to
take part in the proceedings of, the Council of States while any
resolution for the removal of the Vice-President from his office is
under consideration in the Council, but, notwithstanding anything in
article 100, shall not be entitled to vote at all on such resolution or on
any other matter during such proceedings.
93. The Speaker and Deputy Speaker of the House of the
People.— The House of the People shall, as soon as may be, choose
two members of the House to be respectively Speaker and Deputy
Speaker thereof and, so often as the office of Speaker or Deputy
Speaker becomes vacant, the House shall choose another member to be
Speaker or Deputy Speaker, as the case may be.
94. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.— A member holding office as Speaker
or Deputy Speaker of the House of the People—
(a) shall vacate his office if he ceases to be a member of the
House of the People;
(b) may at any time, by writing under his hand addressed, if
such member is the Speaker, to the Deputy Speaker, and if such
member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolution of the House
of the People passed by a majority of all the then members of the
House:
Provided that no resolution for the purpose of clause (c) shall be
moved unless at least fourteen days’ notice has been given of the
intention to move the resolution:
Provided further that, whenever the House of the People is
dissolved, the Speaker shall not vacate his office until immediately
before the first meeting of the House of the People after the
dissolution.
95. Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.—(1) While the office of
Speaker is vacant, the duties of the office shall be performed by the
Deputy Speaker or, if the office of Deputy Speaker is also vacant, by
such member of the House of the People as the President may appoint
for the purpose.
(2) During the absence of the Speaker from any sitting of the House
of the People the Deputy Speaker or, if he is also absent, such person
as may be determined by the rules of procedure of the House, or, if no
such person is present, such other person as may be determined by the
House, shall act as Speaker.
96. The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.—
(1) At any sitting of the House of the People, while any resolution for
the removal of the Speaker from his office is under consideration, the
Speaker, or while any resolution for the removal of the Deputy Speaker
from his office is under consideration, the Deputy Speaker, shall not,
though he is present, preside, and the provisions of clause (2) of article
95 shall apply in relation to every such sitting as they apply in relation
to a sitting from which the Speaker, or, as the case may be, the Deputy
Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to
take part in the proceedings of, the House of the People while any
resolution for his removal from office is under consideration in the
House and shall, notwithstanding anything in article 100, be entitled to
vote only in the first instance on such resolution or on any other matter
during such proceedings but not in the case of an equality of votes.
97. Salaries and allowances of the Chairman and Deputy
Chairman and the Speaker and Deputy Speaker.— There shall be
paid to the Chairman and the Deputy Chairman of the Council of
States, and to the Speaker and the Deputy Speaker of the House of the
People, such salaries and allowances as may be respectively fixed by
Parliament by law and, until provision in that behalf is so made, such
salaries and allowances as are specified in the Second Schedule.
98. Secretariat of Parliament.— (1) Each House of Parliament shall
have a separate secretarial staff:
Provided that nothing in this clause shall be construed as preventing
the creation of posts common to both Houses of Parliament.
(2) Parliament may by law regulate the recruitment, and the
conditions of service of persons appointed, to the secretarial staff of
either House of Parliament.
(3) Until provision is made by Parliament under clause (2), the
President may, after consultation with the Speaker of the House of the

People or the Chairman of the Council of States, as the case may be,
make rules regulating the recruitment, and the conditions of service of
persons appointed, to the secretarial staff of the House of the People or
the Council of States, and any rules so made shall have effect subject
to the provisions of any law made under the said clause.
Conduct of Business
99. Oath or affirmation by members.— Every member of either
House of Parliament shall, before taking his seat, make and subscribe
before the President, or some person appointed in that behalf by him,
an oath or affirmation according to the form set out for the purpose in
the Third Schedule.
100. Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.— (1) Save as otherwise provided in this
Constitution, all questions at any sitting of either House or joint sitting
of the Houses shall be determined by a majority of votes of the
members present and voting, other than the Speaker or person acting as
Chairman or Speaker.
The Chairman or Speaker, or person acting as such, shall not vote in
the first instance, but shall have and exercise a casting vote in the case
of an equality of votes.
(2) Either House of Parliament shall have power to act
notwithstanding any vacancy in the membership thereof, and any
proceedings in Parliament shall be valid notwithstanding that it is
discovered subsequently that some person who was not entitled so to do
sat or voted or otherwise took part in the proceedings.
(3) Until Parliament by law otherwise provides, the quorum to
constitute a meeting of either House of Parliament shall be one-tenth of
the total number of members of the House.
(4) If at any time during a meeting of a House there is no quorum, it
shall be the duty of the Chairman or Speaker, or person acting as such,
either to adjourn the House or to suspend the meeting until there is a
quorum.
Disqualifications of Members
101. Vacation of seats.— (1) No person shall be a member of both
Houses of Parliament and provision shall be made by Parliament by law
for the vacation by a person who is chosen a member of both Houses of
his seat in one House or the other.
(2) No person shall be a member both of Parliament and of a House
of the Legislature of a State, and if a person is chosen a member both
of Parliament and of a House of the Legislature of a State, then, at the
expiration of such period as may be specified in rules made by the
President, that person’s seat in Parliament shall become vacant, unless
he has previously resigned his seat in the Legislature of the State.
(3) If a member of either House of Parliament—
(a) becomes subject to any of the disqualifications mentioned in
clause (1) or clause (2) of article 102, or
(b) resigns his seat by writing under his hand addressed to the
Chairman or the Speaker, as the case may be, and his resignation is
accepted by the Chairman or the Speaker, as the case may be,
his seat shall thereupon become vacant:

Provided that in the case of any resignation referred to in sub-clause
(b), if from information received or otherwise and after making such
inquiry as he thinks fit, the Chairman or the Speaker, as the case may
be, is satisfied that such resignation is not voluntary or genuine, he
shall not accept such resignation.
(4) If for a period of sixty days a member of either House of
Parliament is without permission of the House absent from all meetings
thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account
shall be taken of any period during which the House is prorogued or is
adjourned for more than four consecutive days.
102. Disqualifications for membership.— (1) A person shall be
disqualified for being chosen as, and for being, a member of either
House of Parliament—
(a) if he holds any office of profit under the Government of
India or the Government of any State, other than an office declared
by Parliament by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a
competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgment of
allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by
Parliament.
Explanation.—For the purposes of this clause a person shall not be
deemed to hold an office of profit under the Government of India or the
Government of any State by reason only that he is a Minister either for
the Union or for such State.
(2) A person shall be disqualified for being a member of either
House of Parliament if he is so disqualified under the Tenth Schedule.
103. Decision on questions as to disqualifications of members.—
(1) If any question arises as to whether a member of either House of
Parliament has become subject to any of the disqualifications
mentioned in clause (1) of article 102, the question shall be referred
for the decision of the President and his decision shall be final.
(2) Before giving any decision on any such question, the President
shall obtain the opinion of the Election Commission and shall act
according to such opinion.
104. Penalty for sitting and voting before making oath or
affirmation under article 99 or when not qualified or when
disqualified.—If a person sits or votes as a member of either House of
Parliament before he has complied with the requirements of article 99,
or when he knows that he is not qualified or that he is disqualified for
membership thereof, or that he is prohibited from so doing by the
provisions of any law made by Parliament, he shall be liable in respect
of each day on which he so sits or votes to a penalty of five hundred
rupees to be recovered as a debt due to the Union.

Powers, Privileges and Immunities of Parliament

and its Members
105. Powers, privileges, etc., of the Houses of Parliament and of
the members and committees thereof.— (1) Subject to the provisions
of this Constitution and to the rules and standing orders regulating the
procedure of Parliament, there shall be freedom of speech in
Parliament.
(2) No member of Parliament shall be liable to any proceedings in
any court in respect of any thing said or any vote given by him in
Parliament or any committee thereof, and no person shall be so liable
in respect of the publication by or under the authority of either House
of Parliament of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of each
House of Parliament, and of the members and the committees of each
House, shall be such as may from time to time be defined by
Parliament by law, and, until so defined, shall be those of that House
and of its members and committees immediately before the coming into
force of section 15 of the Constitution (Forty-fourth Amendment) Act,
1978.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation
to persons who by virtue of this Constitution have the right to speak in,
and otherwise to take part in the proceedings of, a House of Parliament
or any committee thereof as they apply in relation to members of
Parliament.
106. Salaries and allowances of members.— Members of either
House of Parliament shall be entitled to receive such salaries and
allowances as may from time to time be determined by Parliament by
law and, until provision in that respect is so made, allowances at such
rates and upon such conditions as were immediately before the
commencement of this Constitution applicable in the case of members
of the Constituent Assembly of the Dominion of India.
Legislative Procedure
107. Provisions as to introduction and passing of Bills.—
(1) Subject to the provisions of articles 109 and 117 with respect to
Money Bills and other financial Bills, a Bill may originate in either
House of Parliament.
(2) Subject to the provisions of articles 108 and 109, a Bill shall not
be deemed to have been passed by the Houses of Parliament unless it
has been agreed to by both Houses, either without amendment or with
such amendments only as are agreed to by both Houses.
(3) A Bill pending in Parliament shall not lapse by reason of the
prorogation of the Houses.
(4) A Bill pending in the Council of States which has not been
passed by the House of the People shall not lapse on a dissolution of
the House of the People.
(5) A Bill which is pending in the House of the People, or which
having been passed by the House of the People is pending in the
Council of States, shall, subject to the provisions of article 108, lapse
on a dissolution of the House of the People.
108. Joint sitting of both Houses in certain cases.— (1) If after a
Bill has been passed by one House and transmitted to the other
House—
(a) the Bill is rejected by the other House; or

(b) the Houses have finally disagreed as to the amendments to be
made in the Bill; or
(c) more than six months elapse from the date of the reception of
the Bill by the other House without the Bill being passed by it,
the President may, unless the Bill has elapsed by reason of a
dissolution of the House of the People, notify to the Houses by
message if they are sitting or by public notification if they are not
sitting, his intention to summon them to meet in a joint sitting for the
purpose of deliberating and voting on the Bill:
Provided that nothing in this clause shall apply to a Money Bill.
(2) In reckoning any such period of six months as is referred to in
clause (1), no account shall be taken of any period during which the
House referred to in sub-clause (c) of that clause is prorogued or
adjourned for more than four consecutive days.
(3) Where the President has under clause (1) notified his intention of
summoning the Houses to meet in a joint sitting, neither House shall
proceed further with the Bill, but the President may at any time after
the date of his notification summon the Houses to meet in a joint
sitting for the purpose specified in the notification and, if he does so,
the Houses shall meet accordingly.
(4) If at the joint sitting of the two Houses the Bill, with such
amendments, if any, as are agreed to in joint sitting, is passed by a
majority of the total number of members of both Houses present and
voting, it shall be deemed for the purposes of this Constitution to have
been passed by both Houses:
Provided that at a joint sitting—
(a) if the Bill, having been passed by one House, has not been
passed by the other House with amendments and returned to the
House in which it originated, no amendment shall be proposed to the
Bill other than such amendments (if any) as are made necessary by
the delay in the passage of the Bill;
(b) if the Bill has been so passed and returned, only such
amendments as aforesaid shall be proposed to the Bill and such
other amendments as are relevant to the matters with respect to
which the Houses have not agreed;
and the decision of the person presiding as to the amendments which
are admissible under this clause shall be final.
(5) A joint sitting may be held under this article and a Bill passed
thereat, notwithstanding that a dissolution of the House of the People
has intervened since the President notified his intention to summon the
Houses to meet therein.
109. Special procedure in respect of Money Bills.—(1) A Money
Bill shall not be introduced in the Council of States.
(2) After a Money Bill has been passed by the House of the People it
shall be transmitted to the Council of States for its recommendations
and the Council of States shall within a period of fourteen days from
the date of its receipt of the Bill return the Bill to the House of the
People with its recommendations and the House of the People may
thereupon either accept or reject all or any of the recommendations of
the Council of States.
(3) If the House of the People accepts any of the recommendations
of the Council of States, the Money Bill shall be deemed to have been
passed by both Houses with the amendments recommended by the
Council of States and accepted by the House of the People.

(4) If the House of the People does not accept any of the
recommendations of the Council of States, the Money Bill shall be
deemed to have been passed by both Houses in the form in which it was
passed by the House of the People without any of the amendments
recommended by the Council of States.
(5) If a Money Bill passed by the House of the People and
transmitted to the Council of States for its recommendations is not
returned to the House of the People within the said period of fourteen
days, it shall be deemed to have been passed by both Houses at the
expiration of the said period in the form in which it was passed by the
House of the People.
110. Definition of “Money Bills”.—(1) For the purposes of this
Chapter, a Bill shall be deemed to be a Money Bill if it contains only
provisions dealing with all or any of the following matters, namely:—
(a) the imposition, abolition, remission, alteration or regulation
of any tax;
(b) the regulation of the borrowing of money or the giving of
any guarantee by the Government of India, or the amendment of the
law with respect to any financial obligations undertaken or to be
undertaken by the Government of India;
(c) the custody of the Consolidated Fund or the Contingency
Fund of India, the payment of moneys into or the withdrawal of
moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of
India;
(e) the declaring of any expenditure to be expenditure charged
on the Consolidated Fund of India or the increasing of the amount of
any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of
India or the public account of India or the custody or issue of such
money or the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub-
clauses (a) to (f).
(2) A Bill shall not be deemed to be a Money Bill by reason only
that it provides for the imposition of fines or other pecuniary penalties,
or for the demand or payment of fees for licences or fees for services
rendered, or by reason that it provides for the imposition, abolition,
remission, alteration or regulation of any tax by any local authority or
body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the
decision of the Speaker of the House of the People thereon shall be
final.
(4) There shall be endorsed on every Money Bill when it is
transmitted to the Council of States under article 109, and when it is
presented to the President for assent under article 111, the certificate
of the Speaker of the House of the People signed by him that it is a
Money Bill.
111. Assent to Bills.—When a Bill has been passed by the Houses of
Parliament, it shall be presented to the President, and the President
shall declare either that he assents to the Bill, or that he withholds
assent therefrom:

Provided that the President may, as soon as possible after the
presentation to him of a Bill for assent, return the Bill if it is not a
Money Bill to the Houses with a message requesting that they will
reconsider the Bill or any specified provisions thereof and, in
particular, will consider the desirability of introducing any such
amendments as he may recommend in his message, and when a Bill is
so returned, the Houses shall reconsider the Bill accordingly, and if the
Bill is passed again by the Houses with or without amendment and
presented to the President for assent, the President shall not withhold
assent therefrom.
Procedure in Financial Matters
112. Annual financial statement.—(1) The President shall in
respect of every financial year cause to be laid before both the Houses
of Parliament a statement of the estimated receipts and expenditure of
the Government of India for that year, in this Part referred to as the
“annual financial statement”.
(2) The estimates of expenditure embodied in the annual financial
statement shall show separately—
(a) the sums required to meet expenditure described by this
Constitution as expenditure charged upon the Consolidated Fund of
India; and
(b) the sums required to meet other expenditure proposed to be
made from the Consolidated Fund of India,
and shall distinguish expenditure on revenue account from other
expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund
of India—
(a) the emoluments and allowances of the President and other expenditure
relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy Chairman of the
Council of States and the Speaker and the Deputy Speaker of the House of the
People;
(c) debt charges for which the Government of India is liable including interest,
sinking fund charges and redemption charges, and other expenditure relating to the
raising of loans and the service and redemption of debt;
(d) (i) the salaries, allowances and pensions payable to or in respect of Judges of
the Supreme Court;
(ii) the pensions payable to or in respect of Judges of the Federal Court;
(iii) the pensions payable to or in respect of Judges of any High Court which
exercises jurisdiction in relation to any area included in the territory of India or which
at any time before the commencement of this Constitution exercised jurisdiction in
relation to any area included in a Governor’s Province of the Dominion of India;
(e) the salary, allowances and pension payable to or in respect of the
Comptroller and Auditor-General of India;
(f) any sums required to satisfy any judgment, decree or award of any court or
arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law
to be so charged.
113. Procedure in Parliament with respect to estimates.—(1) So much of the
estimates as relates to expenditure charged upon the Consolidated Fund of India shall not
be submitted to the vote of Parliament, but nothing in this clause shall be construed as
preventing the discussion in either House of Parliament of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in
the form of demands for grants to the House of the People, and the House of the People
shall have power to assent, or to refuse to assent, to any demand, or to assent to any
demand subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the
President.
114. Appropriation Bills.— (1) As soon as may be after the grants under article 113
have been made by the House of the People, there shall be introduced a Bill to provide
for the appropriation out of the Consolidated Fund of India of all moneys required to
meet—
(a) the grants so made by the House o f t h e P e o p l e ; a n d
(b) the expenditure charged on the Consolidated Fund of India but not exceeding
in any case the amount shown in the statement previously laid before Parliament.
(2) No amendment shall be proposed to any such Bill in either House of Parliament
which will have the effect of varying the amount or altering the destination of any grant
so made or of varying the amount of any expenditure charged on the Consolidated Fund
of India, and the decision of the person presiding as to whether an amendment is
inadmissible under this clause shall be final.
(3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn
from the Consolidated Fund of India except under appropriation made by law passed in
accordance with the provisions of this article.
115. Supplementary, additional or excess grants.— (1) The President shall—
(a) if the amount authorised by any law made in accordance with the provisions
of article 114 to be expended for a particular service for the current financial year is
found to be insufficient for the purposes of that year or when a need has arisen during
the current financial year for supplementary or additional expenditure upon some
new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in
excess of the amount granted for that service and for that year,
cause to be laid before both the Houses of Parliament another statement showing the
estimated amount of that expenditure or cause to be presented to the House of the People
a demand for such excess, as the case may be.
(2) The provisions of articles 112, 113 and 114 shall have effect in relation to any
such statement and expenditure or demand and also to any law to be made authorising
the appropriation of moneys out of the Consolidated Fund of India to meet such
expenditure or the grant in respect of such demand as they have effect in relation to the
annual financial statement and the expenditure mentioned therein or to a demand for a
grant and the law to be made for the authorisation of appropriation of moneys out of the
Consolidated Fund of India to meet such expenditure or grant.
116. Votes on account, votes of credit and exceptional grants.—
(1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of
the People shall have power—
(a) to make any grant in advance in respect of the estimated expenditure
for a part of any financial year pending the completion of the
procedure prescribed in article 113 for the voting of such grant and
the passing of the law in accordance with the provisions of article
114 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the
resources of India when on account of the magnitude or the
indefinite character of the service the demand cannot be stated with
the details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the
current service of any financial year;

and Parliament shall have power to authorise by law the withdrawal of
moneys from the Consolidated Fund of India for the purposes for which
the said grants are made.
(2) The provisions of articles 113 and 114 shall have effect in
relation to the making of any grant under clause (1) and to any law to
be made under that clause as they have effect in relation to the making
of a grant with regard to any expenditure mentioned in the annual
financial statement and the law to be made for the authorisation of
appropriation of moneys out of the Consolidated Fund of India to meet
such expenditure.
117. Special provisions as to financial Bills.—(1) A Bill or
amendment making provision for any of the matters specified in sub-
clauses (a) to (f) of clause (1) of article 110 shall not be introduced or
moved except on the recommendation of the President and a Bill
making such provision shall not be introduced in the Council of States:
Provided that no recommendation shall be required under this clause
for the moving of an amendment making provision for the reduction or
abolition of any tax.
(2) A Bill or amendment shall not be deemed to make provision for
any of the matters aforesaid by reason only that it provides for the
imposition of fines or other pecuniary penalties, or for the demand or
payment of fees for licences or fees for services rendered, or by reason
that it provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would
involve expenditure from the Consolidated Fund of India shall not be
passed by either House of Parliament unless the President has
recommended to that House the consideration of the Bill.
Procedure Generally
118. Rules of procedure.— (1) Each House of Parliament may make
rules for regulating, subject to the provisions of this Constitution, its
procedure and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and
standing orders in force immediately before the commencement of this
Constitution with respect to the Legislature of the Dominion of India
shall have effect in relation to Parliament subject to such modifications
and adaptations as may be made therein by the Chairman of the Council
of States or the Speaker of the House of the People, as the case may be.
(3) The President, after consultation with the Chairman of the
Council of States and the Speaker of the House of the People, may
make rules as to the procedure with respect to joint sittings of, and
communications between, the two Houses.
(4) At a joint sitting of the two Houses the Speaker of the House of
the People, or in his absence such person as may be determined by
rules of procedure made under clause (3), shall preside.
119. Regulation by law of procedure in Parliament in relation to financial
business.— Parliament may, for the purpose of the timely completion of financial
business, regulate by law the procedure of, and the conduct of business in, each House of
Parliament in relation to any financial matter or to any Bill for the appropriation of
moneys out of the Consolidated Fund of India, and, if and so far as any provision of any
law so made is inconsistent with any rule made by a House of Parliament under clause

(1) of article 118 or with any rule or standing order having effect in relation to
Parliament under clause (2) of that article, such provision shall prevail.
120. Language to be used in Parliament.— (1) Notwithstanding anything in Part
XVII, but subject to the provisions of article 348, business in Parliament shall be
transacted in Hindi or in English:
Provided that the Chairman of the Council of States or Speaker of the House of the
People, or person acting as such, as the case may be, may permit any member who
cannot adequately express himself in Hindi or in English to address the House in his
mother-tongue.
(2) Unless Parliament by law otherwise provides, this article shall, after the expiration
of a period of fifteen years from the commencement of this Constitution, have effect as if
the words “or in English” were omitted therefrom.
121. Restriction on discussion in Parliament.— No discussion shall take place in
Parliament with respect to the conduct of any Judge of the Supreme Court or of a High
Court in the discharge of his duties except upon a motion for presenting an address to the
President praying for the removal of the Judge as hereinafter provided.
122. Courts not to inquire into proceedings of Parliament.— (1) The validity of
any proceedings in Parliament shall not be called in question on the ground of any
alleged irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by or under this
Constitution for regulating procedure or the conduct of business, or for maintaining
order, in Parliament shall be subject to the jurisdiction of any court in respect of the
exercise by him of those powers.
C
HAPTER III—L EGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of
Parliament.—(1) If at any time, except when both Houses of Parliament are in session,
the President is satisfied that circumstances exist which render it necessary for him to
take immediate action, he may promulgate such Ordinances as the circumstances appear
to him to require.
(2) An Ordinance promulgated under this article shall have the same force and effect
as an Act of Parliament, but every such Ordinance—
(a) shall be laid before both Houses of Parliament and shall cease to operate at the
expiration of six weeks from the reassembly of Parliament, or, if before the expiration
of that period resolutions disapproving it are passed by both Houses, upon the passing
of the second of those resolutions; and
(b) may be withdrawn at any time by the President.
Explanation.—Where the Houses of Parliament are summoned to
reassemble on different dates, the period of six weeks shall be
reckoned from the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any
provision which Parliament would not under this Constitution be
competent to enact, it shall be void.
* * * *
*
C
HAPTER IV.—T HE UNION JUDICIARY
124. Establishment and constitution of Supreme Court.—(1) There
shall be a Supreme Court of India consisting of a Chief Justice of India
and, until Parliament by law prescribes a larger number, of not more
than seven
1
other Judges.

(2) Every Judge of the Supreme Court shall be appointed by the
President by warrant under his hand and seal after consultation with
such of the Judges of the Supreme Court and of the High Courts in the
States as the President may deem necessary for the purpose and shall
hold office until he attains the age of sixty-five years:
Provided that in the case of appointment of a Judge other than the
Chief Justice, the Chief Justice of India shall always be consulted:
Provided further that—
(a) a Judge may, by writing under his hand addressed to the
President, resign his office;
(b) a Judge may be removed from his office in the manner
provided in clause (4).
(2A) The age of a Judge of the Supreme Court shall be determined
by such authority and in such manner as Parliament may by law
provide.
(3) A person shall not be qualified for appointment as a Judge of the
Supreme Court unless he is a citizen of India and—
(a) has been for at least five years a Judge of a High Court or of
two or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or
of two or more such Courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
Explanation I.—In this clause “High Court” means a High Court
which exercises, or which at any time before the commencement of this
Constitution exercised, jurisdiction in any part of the territory of India.
Explanation II.—In computing for the purpose of this clause the
period during which a person has been an advocate, any period during
which a person has held judicial office not inferior to that of a district
judge after he became an advocate shall be included.
(4) A Judge of the Supreme Court shall not be removed from his
office except by an order of the President passed after an address by
each House of Parliament supported by a majority of the total
membership of that House and by a majority of not less than two-thirds
of the members of that House present and voting has been presented to
the President in the same session for such removal on the ground of
proved misbehaviour or incapacity.
(5) Parliament may by law regulate the procedure for the
presentation of an address and for the investigation and proof of the
misbehaviour or incapacity of a Judge under clause (4).
(6) Every person appointed to be a Judge of the Supreme Court shall,
before he enters upon his office, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third
Schedule.
(7) No person who has held office as a Judge of the Supreme Court
shall plead or act in any court or before any authority within the
territory of India.
125. Salaries, etc., of Judges.—(1) There shall be paid to the
Judges of the Supreme Court such salaries as may be determined by
Parliament by law and, until provision in that behalf is so made, such
salaries as are specified in the Second Schedule.
_______________________________________________ 1. Now “twenty-five”, vide Act 22 of 1986, s. 2

(2) Every Judge shall be entitled to such privileges and allowances
and to such rights in respect of leave of absence and pension as may
from time to time be determined by or under law made by Parliament
and, until so determined, to such privileges, allowances and rights as
are specified in the Second Schedule:
Provided that neither the privileges nor the allowances of a Judge
nor his rights in respect of leave of absence or pension shall be varied
to his disadvantage after his appointment.
126. Appointment of acting Chief Justice.—When the office of
Chief Justice of India is vacant or when the Chief Justice is, by reason
of absence or otherwise, unable to perform the duties of his office, the
duties of the office shall be performed by such one of the other Judges
of the Court as the President may appoint for the purpose.
127. Appointment of ad hoc Judges.—(1) If at any time there
should not be a quorum of the Judges of the Supreme Court available to
hold or continue any session of the Court, the Chief Justice of India
may, with the previous consent of the President and after consultation
with the Chief Justice of the High Court concerned, request in
writing the attendance at the sittings of the Court, as an ad hoc Judge,
for such period as may be necessary, of a Judge of a High Court duly
qualified for appointment as a Judge of the Supreme Court to be
designated by the Chief Justice of India.
(2) It shall be the duty of the Judge who has been so designated, in
priority to other duties of his office, to attend the sittings of the
Supreme Court at the time and for the period for which his attendance
is required, and while so attending he shall have all the jurisdiction,
powers and privileges, and shall discharge the duties, of a Judge of the
Supreme Court.
128. Attendance of retired Judges at sittings of the Supreme
Court.—Notwithstanding anything in this Chapter, the Chief Justice of
India may at any time, with the previous consent of the President,
request any person who has held the office of a Judge of the Supreme
Court or of the Federal Court or who has held the office of a Judge of a
High Court and is duly qualified for appointment as a Judge of the
Supreme Court to sit and act as a Judge of the Supreme Court, and
every such person so requested shall, while so sitting and acting, be
entitled to such allowances as the President may by order determine
and have all the jurisdiction, powers and privileges of, but shall not
otherwise be deemed to be, a Judge of that Court:
Provided that nothing in this article shall be deemed to require any
such person as aforesaid to sit and act as a Judge of that Court unless
he consents so to do.
129. Supreme Court to be a court of record.—The Supreme Court
shall be a court of record and shall have all the powers of such a court
including the power to punish for contempt of itself.
130. Seat of Supreme Court.—The Supreme Court shall sit in Delhi
or in such other place or places, as the Chief Justice of India may, with
the approval of the President, from time to time, appoint.
131. Original jurisdiction of the Supreme Court.—Subject to the
provisions of this Constitution, the Supreme Court shall, to the
exclusion of any other court, have original jurisdiction in any
dispute—
(a) between the Government of India and one or more States; or

(b) between the Government of India and any State or States on
one side and one or more other States on the other; or
(c) between two or more States,
if and in so far as the dispute involves any question (whether of law or
fact) on which the existence or extent of a legal right depends:
Provided that the said jurisdiction shall not extend to a dispute
arising out of any treaty, agreement, covenant, engagement, sanad or
other similar instrument which, having been entered into or executed
before the commencement of this Constitution, continues in operation
after such commencement, or which provides that the said jurisdiction
shall not extend to such a dispute.
131A. [Exclusive jurisdiction of the Supreme Court in regard to
questions as to constitutional validity of Central laws.] Rep. by the
Constitution (Forty-third Amendment) Act, 1977, s. 4 (w.e.f. 13-4-
1978).
132. Appellate jurisdiction of Supreme Court in appeals from
High Courts in certain cases.— (1) An appeal shall lie to the Supreme
Court from any judgment, decree or final order of a High Court in the
territory of India, whether in a civil, criminal or other proceeding, if
the High Court certifies under article 134A that the case involves a
substantial question of law as to the interpretation of this Constitution.
* * * *
*
(3) Where such a certificate is given, any party in the case may
appeal to the Supreme Court on the ground that any such question as
aforesaid has been wrongly decided.
Explanation.— For the purposes of this article, the expression “final
order” includes an order deciding an issue which, if decided in favour
of the appellant, would be sufficient for the final disposal of the case.
133. Appellate jurisdiction of Supreme Court in appeals from
High Courts in regard to civil matters.— (1) An appeal shall lie to
the Supreme Court from any judgment, decree or final order in a civil
proceeding of a High Court in the territory of India if the High Court
certifies under article 134A—
(a) that the case involves a substantial question of law of
general importance; and
(b) that in the opinion of the High Court the said question needs
to be decided by the Supreme Court.
(2) Notwithstanding anything in article 132, any party appealing to
the Supreme Court under clause (1) may urge as one of the grounds in
such appeal that a substantial question of law as to the interpretation of
this Constitution has been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless
Parliament by law otherwise provides, lie to the Supreme Court from
the judgment, decree or final order of one Judge of a High Court.
134. Appellate jurisdiction of Supreme Court in regard to
criminal matters.—(1) An appeal shall lie to the Supreme Court from
any judgment, final order or sentence in a criminal proceeding of a
High Court in the territory of India if the High Court—
(a) has on appeal reversed an order of acquittal of an accused
person and sentenced him to death; or

(b) has withdrawn for trial before itself any case from any court
subordinate to its authority and has in such trial convicted the
accused person and sentenced him to death; or
(c) certifies under article 134A that the case is a fit one for
appeal to the Supreme Court:
Provided that an appeal under sub-clause (c) shall lie subject to such
provisions as may be made in that behalf under clause (1) of article
145 and to such conditions as the High Court may establish or require.
(2) Parliament may by law confer on the Supreme Court any further
powers to entertain and hear appeals from any judgment, final order or
sentence in a criminal proceeding of a High Court in the territory of
India subject to such conditions and limitations as may be specified in
such law.
134A. Certificate for appeal to the Supreme Court.—Every High
Court, passing or making a judgment, decree, final order, or sentence,
referred to in clause (1) of article 132 or clause (1) of article 133, or
clause (1) of article 134, —
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the
party aggrieved, immediately after the passing or making of such
judgment, decree, final order or sentence,
determine, as soon as may be after such passing or making, the
question whether a certificate of the nature referred to in clause (1) of
article 132, or clause (1) of article 133 or, as the case may be, sub-
clause (c) of clause (1) of article 134, may be given in respect of that
case.
135. Jurisdiction and powers of the Federal Court under existing
law to be exercisable by the Supreme Court.— Until Parliament by
law otherwise provides, the Supreme Court shall also have jurisdiction
and powers with respect to any matter to which the provisions of
article 133 or article 134 do not apply if jurisdiction and powers in
relation to that matter were exercisable by the Federal Court
immediately before the commencement of this Constitution under any
existing law.
136. Special leave to appeal by the Supreme Court.—(1)
Notwithstanding anything in this Chapter, the Supreme Court may, in
its discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made
by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination,
sentence or order passed or made by any court or tribunal constituted
by or under any law relating to the Armed Forces.
137. Review of judgments or orders by the Supreme Court.—
Subject to the provisions of any law made by Parliament or any rules
made under article 145, the Supreme Court shall have power to review
any judgment pronounced or order made by it.
138. Enlargement of the jurisdiction of the Supreme Court.— (1)
The Supreme Court shall have such further jurisdiction and powers
with respect to any of the matters in the Union List as Parliament may
by law confer.
(2) The Supreme Court shall have such further jurisdiction and
powers with respect to any matter as the Government of India and the

Government of any State may by special agreement confer, if
Parliament by law provides for the exercise of such jurisdiction and
powers by the Supreme Court.
139. Conferment on the Supreme Court of powers to issue certain
writs.— Parliament may by law confer on the Supreme Court power to
issue directions, orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, or
any of them, for any purposes other than those mentioned in clause (2)
of article 32.
139A. Transfer of certain cases.— (1) Where cases involving the
same or substantially the same questions of law are pending before the
Supreme Court and one or more High Courts or before two or more
High Courts and the Supreme Court is satisfied on its own motion or on
an application made by the Attorney-General of India or by a party to
any such case that such questions are substantial questions of general
importance, the Supreme Court may withdraw the case or cases pending
before the High Court or the High Courts and dispose of all the cases
itself:
Provided that the Supreme Court may after determining the said
questions of law return any case so withdrawn together with a copy of
its judgment on such questions to the High Court from which the case
has been withdrawn, and the High Court shall on receipt thereof,
proceed to dispose of the case in conformity with such judgment.
(2) The Supreme Court may, if it deems it expedient so to do for the
ends of justice, transfer any case, appeal or other proceedings pending
before any High Court to any other High Court.
140. Ancillary powers of Supreme Court.— Parliament may by law
make provision for conferring upon the Supreme Court such
supplemental powers not inconsistent with any of the provisions of this
Constitution as may appear to be necessary or desirable for the purpose
of enabling the Court more effectively to exercise the jurisdiction
conferred upon it by or under this Constitution.
141. Law declared by Supreme Court to be binding on all
courts.— The law declared by the Supreme Court shall be binding on
all courts within the territory of India.
142. Enforcement of decrees and orders of Supreme Court and
orders as to discovery, etc.— (1) The Supreme Court in the exercise
of its jurisdiction may pass such decree or make such order as is
necessary for doing complete justice in any cause or matter pending
before it, and any decree so passed or order so made shall be
enforceable throughout the territory of India in such manner as may be
prescribed by or under any law made by Parliament and, until provision
in that behalf is so made, in such manner as the President may by order
prescribe.
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Supreme Court shall, as respects the whole of the
territory of India, have all and every power to make any order for the
purpose of securing the attendance of any person, the discovery or
production of any documents, or the investigation or punishment of any
contempt of itself.
143. Power of President to consult Supreme Court.— (1) If at any
time it appears to the President that a question of law or fact has
arisen, or is likely to arise, which is of such a nature and of such

public importance that it is expedient to obtain the opinion of the
Supreme Court upon it, he may refer the question to that Court for
consideration and the Court may, after such hearing as it thinks fit,
report to the President its opinion thereon.
(2) The President may, notwithstanding anything in the proviso to
article 131, refer a dispute of the kind mentioned in the said proviso to
the Supreme Court for opinion and the Supreme Court shall, after such
hearing as it thinks fit, report to the President its opinion thereon.
144. Civil and judicial authorities to act in aid of the Supreme
Court.—All authorities, civil and judicial, in the territory of India
shall act in aid of the Supreme Court.
144A. [Special provisions as to disposal of questions relating to
constitutional validity of laws.] Rep. by the Constitution (Forty-third
Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).
145. Rules of Court, etc.— (1) Subject to the provisions of any law
made by Parliament, the Supreme Court may from time to time, with
the approval of the President, make rules for regulating generally the
practice and procedure of the Court including—
(a) rules as to the persons practising before the Court;
(b) rules as to the procedure for hearing appeals and other
matters pertaining to appeals including the time within which
appeals to the Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement
of any of the rights conferred by Part III;
(cc) rules as to the proceedings in the Court under article 139A;
(d) rules as to the entertainment of appeals under sub-clause (c)
of clause (1) of article 134;
(e) rules as to the conditions subject to which any judgment
pronounced or order made by the Court may be reviewed and the
procedure for such review including the time within which
applications to the Court for such review are to be entered;
(f) rules as to the costs of and incidental to any proceedings in
the Court and as to the fees to be charged in respect of proceedings
therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(i) rules providing for the summary determination of any appeal
which appears to the Court to be frivolous or vexatious or brought
for the purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause
(1) of article 317.
(2) Subject to the provisions of clause (3), rules made under this
article may fix the minimum number of Judges who are to sit for any
purpose, and may provide for the powers of single Judges and Division
Courts.
(3) The minimum number of Judges who are to sit for the purpose of
deciding any case involving a substantial question of law as to the
interpretation of this Constitution or for the purpose of hearing any
reference under article 143 shall be five:
Provided that, where the Court hearing an appeal under any of the
provisions of this Chapter other than article 132 consists of less than

five Judges and in the course of the hearing of the appeal the Court is
satisfied that the appeal involves a substantial question of law as to the
interpretation of this Constitution the determination of which is
necessary for the disposal of the appeal, such Court shall refer the
question for opinion to a Court constituted as required by this clause
for the purpose of deciding any case involving such a question and
shall on receipt of the opinion dispose of the appeal in conformity with
such opinion.
(4) No judgment shall be delivered by the Supreme Court save in
open Court, and no report shall be made under article 143 save in
accordance with an opinion also delivered in open Court.
(5) No judgment and no such opinion shall be delivered by the
Supreme Court save with the concurrence of a majority of the Judges
present at the hearing of the case, but nothing in this clause shall be
deemed to prevent a Judge who does not concur from delivering a
dissenting judgment or opinion.
146. Officers and servants and the expenses of the Supreme
Court.—(1) Appointments of officers and servants of the Supreme
Court shall be made by the Chief Justice of India or such other Judge
or officer of the Court as he may direct:
Provided that the President may by rule require that in such cases as
may be specified in the rule, no person not already attached to the
Court shall be appointed to any office connected with the Court, save
after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the
conditions of service of officers and servants of the Supreme Court
shall be such as may be prescribed by rules made by the Chief Justice
of India or by some other Judge or officer of the Court authorised by
the Chief Justice of India to make rules for the purpose:
Provided that the rules made under this clause shall, so far as they
relate to salaries, allowances, leave or pensions, require the approval
of the President.
(3) The administrative expenses of the Supreme Court, including all
salaries, allowances and pensions payable to or in respect of the
officers and servants of the Court, shall be charged upon the
Consolidated Fund of India, and any fees or other moneys taken by the
Court shall form part of that Fund.
147. Interpretation.—In this Chapter and in Chapter V of Part VI,
references to any substantial question of law as to the interpretation of
this Constitution shall be construed as including references to any
substantial question of law as to the interpretation of the Government
of India Act, 1935 (including any enactment amending or
supplementing that Act), or of any Order in Council or order made
thereunder, or of the Indian Independence Act, 1947, or of any order
made thereunder.
CHAPTER V.—C OMPTROLLER AND AUDITOR -G ENERAL OF INDIA
148. Comptroller and Auditor-General of India.—(1) There shall
be a Comptroller and Auditor-General of India who shall be appointed
by the President by warrant under his hand and seal and shall only be
removed from office in like manner and on the like grounds as a Judge
of the Supreme Court.

(2) Every person appointed to be the Comptroller and Auditor-
General of India shall, before he enters upon his office, make and
subscribe before the President, or some person appointed in that behalf
by him, an oath or affirmation according to the form set out for the
purpose in the Third Schedule.
(3) The salary and other conditions of service of the Comptroller and
Auditor- General shall be such as may be determined by Parliament by
law and, until they are so determined, shall be as specified in the
Second Schedule:
Provided that neither the salary of a Comptroller and Auditor-
General nor his rights in respect of leave of absence, pension or age of
retirement shall be varied to his disadvantage after his appointment.
(4) The Comptroller and Auditor-General shall not be eligible for
further office either under the Government of India or under the
Government of any State after he has ceased to hold his office.
(5) Subject to the provisions of this Constitution and of any law
made by Parliament, the conditions of service of persons serving in the
Indian Audit and Accounts Department and the administrative powers
of the Comptroller and Auditor-General shall be such as may be
prescribed by rules made by the President after consultation with the
Comptroller and Auditor-General.
(6) The administrative expenses of the office of the Comptroller and
Auditor- General, including all salaries, allowances and pensions
payable to or in respect of persons serving in that office, shall be
charged upon the Consolidated Fund of India.
149. Duties and powers of the Comptroller and Auditor-General.—The
Comptroller and Auditor-General shall perform such duties and exercise such powers in
relation to the accounts of the Union and of the States and of any other authority or body
as may be prescribed by or under any law made by Parliament and, until provision in that
behalf is so made, shall perform such duties and exercise such powers in relation to the
accounts of the Union and of the States as were conferred on or exercisable by the
Auditor-General of India immediately before the commencement of this Constitution in
relation to the accounts of the Dominion of India and of the Provinces respectively.
150. Form of accounts of the Union and of the States.—The
accounts of the Union and of the States shall be kept in such form as
the President may, on the advice of the Comptroller and Auditor-
General of India, prescribe.
151. Audit reports.—(1) The reports of the Comptroller and
Auditor-General of India relating to the accounts of the Union shall be
submitted to the President, who shall cause them to be laid before each
House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India
relating to the accounts of a State shall be submitted to the Governor
of the State, who shall cause them to be laid before the Legislature of
the State.

PART VI
THE STATES
C
HAPTER I.—G ENERAL
152. Definition.—In this Part, unless the context otherwise requires,
the expression “State” does not include the State of Jammu and
Kashmir.
C
HAPTER II.—T HE EXECUTIVE
The Governor
153. Governors of States.—There shall be a Governor for each
State:
Provided that nothing in this article shall prevent the appointment of
the same person as Governor for two or more States.
154. Executive power of State.—(1) The executive power of the
State shall be vested in the Governor and shall be exercised by him
either directly or through officers subordinate to him in accordance
with this Constitution.
(2) Nothing in this article shall—
(a) be deemed to transfer to the Governor any functions
conferred by any existing law on any other authority; or
(b) prevent Parliament or the Legislature of the State from
conferring by law functions on any authority subordinate to the
Governor.
155. Appointment of Governor.—The Governor of a State shall be
appointed by the President by warrant under his hand and seal.
156. Term of office of Governor.—(1) The Governor shall hold
office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the
President, resign his office.
(3) Subject to the foregoing provisions of this article, a Governor
shall hold office for a term of five years from the date on which he
enters upon his office:
Provided that a Governor shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his office.
157. Qualifications for appointment as Governor.—No person
shall be eligible for appointment as Governor unless he is a citizen of
India and has completed the age of thirty-five years.
158. Conditions of Governor’s office.—(1) The Governor shall not
be a member of either House of Parliament or of a House of the
Legislature of any State specified in the First Schedule, and if a
member of either House of Parliament or of a House of the Legislature
of any such State be appointed Governor, he shall be deemed to have
vacated his seat in that House on the date on which he enters upon his
office as Governor.
(2) The Governor shall not hold any other office of profit.
(3) The Governor shall be entitled without payment of rent to the use
of his official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law

55

and, until provision in that behalf is so made, such emoluments,
allowances and privileges as are specified in the Second Schedule.
(3A) Where the same person is appointed as Governor of two or
more States, the emoluments and allowances payable to the Governor
shall be allocated among the States in such proportion as the President
may by order determine.
(4) The emoluments and allowances of the Governor shall not be
diminished during his term of office.
159. Oath or affirmation by the Governor.—Every Governor and
every person discharging the functions of the Governor shall, before
entering upon his office, make and subscribe in the presence of the
Chief Justice of the High Court exercising jurisdiction in relation to
the State, or, in his absence, the senior most Judge of that Court
available, an oath or affirmation in the following form, that is to say—
“I, A. B., do
swear in the name of God that I will solemnly affirm
faithfully execute the office of Governor (or discharge the functions of
the Governor) of ………….(name of the State) and will to the best of
my ability preserve, protect and defend the Constitution and the
law and that I will devote myself to the service and well-being of the
people of ..………(name of the State) .”
160. Discharge of the functions of the Governor in certain
contingencies.—The President may make such provision as he thinks
fit for the discharge of the functions of the Governor of a State in any
contingency not provided for in this Chapter.
161. Power of Governor to grant pardons, etc., and to suspend,
remit or commute sentences in certain cases.—The Governor of a
State shall have the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence
of any person convicted of any offence against any law relating to a
matter to which the executive power of the State extends.
162. Extent of executive power of State.—Subject to the provisions
of this Constitution, the executive power of a State shall extend to the
matters with respect to which the Legislature of the State has power to
make laws:
Provided that in any matter with respect to which the Legislature of
a State and Parliament have power to make laws, the executive power
of the State shall be subject to, and limited by, the executive power
expressly conferred by this Constitution or by any law made by
Parliament upon the Union or authorities thereof.
Council of Ministers
163. Council of Ministers to aid and advise Governor.—(1) There
shall be a Council of Ministers with the Chief Minister at the head to
aid and advise the Governor in the exercise of his functions, except in
so far as he is by or under this Constitution required to exercise his
functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as
respects which the Governor is by or under this Constitution required
to act in his discretion, the decision of the Governor in his discretion
shall be final, and the validity of anything done by the Governor shall
not be called in question on the ground that he ought or ought not to
have acted in his discretion.

(3) The question whether any, and if so what, advice was tendered
by Ministers to the Governor shall not be inquired into in any court.
164. Other provisions as to Ministers.—(1) The Chief Minister
shall be appointed by the Governor and the other Ministers shall be
appointed by the Governor on the advice of the Chief Minister, and the
Ministers shall hold office during the pleasure of the Governor:
Provided that in the States of Bihar, Madhya Pradesh and Orissa,
there shall be a Minister in charge of tribal welfare who may in
addition be in charge of the welfare of the Scheduled Castes and
backward classes or any other work.
(1A) The total number of Ministers, including the Chief Minister, in
the Council of Ministers in a State shall not exceed fifteen per cent.
of the total number of members of the Legislative Assembly of that
State:
Provided that the number of Ministers, including the Chief Minister
in a State shall not be less than twelve:
Provided further that where the total number of Ministers including
the Chief Minister in the Council of Ministers in any State at the
commencement of the Constitution (Ninety-first Amendment) Act, 2003
exceeds the said fifteen per cent. or the number specified in the first
proviso, as the case may be, then the total number of Ministers in that
State shall be brought in conformity with the provisions of this clause
within six months from such date* as the President may by public
notification appoint.
(1B) A member of the Legislative Assembly of a State or either
House of the Legislature of a State having Legislative Council
belonging to any political party who is disqualified for being a member
of that House under paragraph 2 of the Tenth Schedule shall also be
disqualified to be appointed as a Minister under clause (1) for duration
of the period commencing from the date of his disqualification till the
date on which the term of his office as such member would expire or
where he contests any election to the Legislative Assembly of a State
or either House of the Legislature of a State having Legislative
Council, as the case may be, before the expiry of such period, till the
date on which he is declared elected, whichever is earlier.
(2) The Council of Ministers shall be collectively responsible to the
Legislative Assembly of the State.
(3) Before a Minister enters upon his office, the Governor shall
administer to him the oaths of office and of secrecy according to the
forms set out for the purpose in the Third Schedule.
(4) A Minister who for any period of six consecutive months is not a
member of the Legislature of the State shall at the expiration of that
period cease to be a Minister.
(5) The salaries and allowances of Ministers shall be such as the
Legislature of the State may from time to time by law determine and,
until the Legislature of the State so determines, shall be as specified in
the Second Schedule.
The Advocate-General for the State
165. Advocate-General for the State.—(1) The Governor of each
State shall appoint a person who is qualified to be appointed a Judge of
a High Court to be Advocate-General for the State.
______________________________________________________________________________________________________________________________________________ *7.1.2004: vide Notification No. S.O. 21(E), dated 7.1.2004.

(2) It shall be the duty of the Advocate-General to give advice to the
Government of the State upon such legal matters, and to perform such
other duties of a legal character, as may from time to time be referred
or assigned to him by the Governor, and to discharge the functions
conferred on him by or under this Constitution or any other law for the
time being in force.
(3) The Advocate-General shall hold office during the pleasure of
the Governor, and shall receive such remuneration as the Governor may
determine.
Conduct of Government Business
166. Conduct of business of the Government of a State.—(1) All
executive action of the Government of a State shall be expressed to be
taken in the name of the Governor.
(2) Orders and other instruments made and executed in the name of the Governor
shall be authenticated in such manner as may be specified in rules to be made by the
Governor, and the validity of an order or instrument which is so authenticated shall not
be called in question on the ground that it is not an order or instrument made or executed
by the Governor.
(3) The Governor shall make rules for the more convenient transaction of the business
of the Government of the State, and for the allocation among Ministers of the said
business in so far as it is not business with respect to which the Governor is by or under
this Constitution required to act in his discretion.
* * * *
*
167. Duties of Chief Minister as respects the furnishing of information to
Governor, etc.—It shall be the duty of the Chief Minister of each State—
(a) to communicate to the Governor of the State all decisions of the Council of
Ministers relating to the administration of the affairs of the State and proposals for
legislation;
(b) to furnish such information relating to the administration of the affairs of the
State and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which has
not been considered by the Council.
C
HAPTER III.—T HE STATE LEGISLATURE
General
168. Constitution of Legislatures in States.—(1) For every State there shall be a
Legislature which shall consist of the Governor, and—
(a) in the States of Bihar, Maharashtra, Karnataka and Uttar Pradesh, two
Houses;
(b) in other States, one House.
(2) Where there are two Houses of the Legislature of a State, one shall be known as
the Legislative Council and the other as the Legislative Assembly, and where there is
only one House, it shall be known as the Legislative Assembly.
169. Abolition or creation of Legislative Councils in States.—(1) Notwithstanding
anything in article 168, Parliament may by law provide for the abolition of the
Legislative Council of a State having such a Council or for the creation of such a Council
in a State having no such Council, if the Legislative Assembly of the State passes a
resolution to that effect by a majority of th e t o t a l m e m b e r s h i p o f t h e A s s e m b l y

and by a majority of not less than two-thirds of the members of the
Assembly present and voting.
(2) Any law referred to in clause (1) shall contain such provisions
for the amendment of this Constitution as may be necessary to give
effect to the provisions of the law and may also contain such
supplemental, incidental and consequential provisions as Parliament
may deem necessary.
(3) No such law as aforesaid shall be deemed to be an amendment of
this Constitution for the purposes of article 368.
170. Composition of the Legislative Assemblies.—(1) Subject to
the provisions of article 333, the Legislative Assembly of each State
shall consist of not more than five hundred, and not less than sixty,
members chosen by direct election from territorial constituencies in the
State.
(2) For the purposes of clause (1), each State shall be divided into
territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to it
shall, so far as practicable, be the same throughout the State.
Explanation.—In this clause, the expression “population” means the
population as ascertained at the last preceding census of which the
relevant figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until
the relevant figures for the first census taken after the year 2026 have
been published, be construed as a reference to the 2001 census.
(3) Upon the completion of each census, the total number of seats in
the Legislative Assembly of each State and the division of each State
into territorial constituencies shall be readjusted by such authority and
in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in
the Legislative Assembly until the dissolution of the then existing
Assembly:
Provided further that such readjustment shall take effect from such
date as the President may, by order, specify and until such
readjustment takes effect, any election to the Legislative Assembly
may be held on the basis of the territorial constituencies existing
before such readjustment:
Provided also that until the relevant figures for the first census taken after the year
2026 have been published, it shall not be necessary to readjust—
(i) the total number of seats in the Legislative Assembly of each State as
readjusted on the basis of the 1971 census; and
(ii) the division of such State into territorial constituencies as may be readjusted
on the basis of the 2001 census,
under this clause.
171. Composition of the Legislative Councils.—(1) The total number of members in
the Legislative Council of a State having such a Council shall not exceed one third of the
total number of members in the Legislative Assembly of that State:
Provided that the total number of members in the Legislative
Council of a State shall in no case be less than forty.
(2) Until Parliament by law otherwise provides, the composition of
the Legislative Council of a State shall be as provided in clause (3).

(3) Of the total number of members of the Legislative Council of a
State—
(a) as nearly as may be, one-third shall be elected by electorates
consisting of members of municipalities, district boards and such
other local authorities in the State as Parliament may by law
specify;
(b) as nearly as may be, one-twelfth shall be elected by
electorates consisting of persons residing in the State who have been
for at least three years graduates of any university in the territory of
India or have been for at least three years in possession of
qualifications prescribed by or under any law made by Parliament as
equivalent to that of a graduate of any such university;
(c) as nearly as may be, one-twelfth shall be elected by
electorates consisting of persons who have been for at least three
years engaged in teaching in such educational institutions within the
State, not lower in standard than that of a secondary school, as may
be prescribed by or under any law made by Parliament;
(d) as nearly as may be, one-third shall be elected by the
members of the Legislative Assembly of the State from amongst
persons who are not members of the Assembly;
(e) the remainder shall be nominated by the Governor in
accordance with the provisions of clause (5).
(4) The members to be elected under sub-clauses (a), (b) and (c) of
clause (3) shall be chosen in such territorial constituencies as may be
prescribed by or under any law made by Parliament, and the elections
under the said sub-clauses and under sub-clause (d) of the said clause
shall be held in accordance with the system of proportional
representation by means of the single transferable vote.
(5) The members to be nominated by the Governor under sub-clause
(e) of clause (3) shall consist of persons having special knowledge or
practical experience in respect of such matters as the following,
namely:—
Literature, science, art, co-operative movement and social service.
172. Duration of State Legislatures.—(1) Every Legislative Assembly of every
State, unless sooner dissolved, shall continue for five years from the date appointed for
its first meeting and no longer and the expiration of the said period of five years shall
operate as a dissolution of the Assembly:
Provided that the said period may, while a Proclamation of
Emergency is in operation, be extended by Parliament by law for a
period not exceeding one year at a time and not extending in any case
beyond a period of six months after the Proclamation has ceased to
operate.
(2) The Legislative Council of a State shall not be subject to
dissolution, but as nearly as possible one-third of the members thereof
shall retire as soon as may be on the expiration of every second year in
accordance with the provisions made in that behalf by Parliament by
law.
173. Qualification for membership of the State Legislature.—A
person shall not be qualified to be chosen to fill a seat in the
Legislature of a State unless he—

(a) is a citizen of India, and makes and subscribes before some
person authorised in that behalf by the Election Commission an oath
or affirmation according to the form set out for the purpose in the
Third Schedule;
(b) is, in the case of a seat in the Legislative Assembly, not less
than twenty-five years of age and, in the case of a seat in the
Legislative Council, not less than thirty years of age; and
(c) possesses such other qualifications as may be prescribed in
that behalf by or under any law made by Parliament.
174. Sessions of the State Legislature, prorogation and
dissolution.—(1) The Governor shall from time to time summon the
House or each House of the Legislature of the State to meet at such
time and place as he thinks fit, but six months shall not intervene
between its last sitting in one session and the date appointed for its
first sitting in the next session.
(2) The Governor may from time to time—
(a) prorogue the House or either House;
(b) dissolve the Legislative Assembly.
175. Right of Governor to address and send messages to the
House or Houses.—(1) The Governor may address the Legislative
Assembly or, in the case of a State having a Legislative Council, either
House of the Legislature of the State, or both Houses assembled
together, and may for that purpose require the attendance of members.
(2) The Governor may send messages to the House or Houses of the
Legislature of the State, whether with respect to a Bill then pending in
the Legislature or otherwise, and a House to which any message is so
sent shall with all convenient despatch consider any matter required by
the message to be taken into consideration.
176. Special address by the Governor.—(1) At the commencement
of the first session after each general election to the Legislative
Assembly and at the commencement of the first session of each year,
the Governor shall address the Legislative Assembly or, in the case of
a State having a Legislative Council, both Houses assembled together
and inform the Legislature of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of
the House or either House for the allotment of time for discussion of
the matters referred to in such address.
177. Rights of Ministers and Advocate-General as respects the
Houses.—Every Minister and the Advocate-General for a State shall
have the right to speak in, and otherwise to take part in the proceedings
of, the Legislative Assembly of the State or, in the case of a State
having a Legislative Council, both Houses, and to speak in, and
otherwise to take part in the proceedings of, any committee of the
Legislature of which he may be named a member, but shall not, by
virtue of this article, be entitled to vote.
Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative
Assembly.—Every Legislative Assembly of a State shall, as soon as
may be, choose two members of the Assembly to be respectively
Speaker and Deputy Speaker thereof and, so often as the office of

Speaker or Deputy Speaker becomes vacant, the Assembly shall choose
another member to be Speaker or Deputy Speaker, as the case may be.
179. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.—A member holding office as Speaker
or Deputy Speaker of an Assembly—
(a) shall vacate his office if he ceases to be a member of the
Assembly;
(b) may at any time by writing under his hand addressed, if such
member is the Speaker, to the Deputy Speaker, and if such member
is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the
Assembly passed by a majority of all the then members of the
Assembly:
Provided that no resolution for the purpose of clause (c) shall be
moved unless at least fourteen days’ notice has been given of the
intention to move the resolution:
Provided further that, whenever the Assembly is dissolved, the
Speaker shall not vacate his office until immediately before the first
meeting of the Assembly after the dissolution.
180. Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.—(1) While the office of
Speaker is vacant, the duties of the office shall be performed by the
Deputy Speaker or, if the office of Deputy Speaker is also vacant, by
such member of the Assembly as the Governor may appoint for the
purpose.
(2) During the absence of the Speaker from any sitting of the Assembly the Deputy
Speaker or, if he is also absent, such person as may be determined by the rules of
procedure of the Assembly, or, if no such person is present, such other person as may be
determined by the Assembly, shall act as Speaker.
181. The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.—(1)
At any sitting of the Legislative Assembly, while any resolution for the
removal of the Speaker from his office is under consideration, the
Speaker, or while any resolution for the removal of the Deputy Speaker
from his office is under consideration, the Deputy Speaker, shall not,
though he is present, preside, and the provisions of clause (2) of article
180 shall apply in relation to every such sitting as they apply in
relation to a sitting from which the Speaker or, as the case may be, the
Deputy Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to
take part in the proceedings of, the Legislative Assembly while any
resolution for his removal from office is under consideration in the
Assembly and shall, notwithstanding anything in article 189, be
entitled to vote only in the first instance on such resolution or on any
other matter during such proceedings but not in the case of an equality
of votes.
182. The Chairman and Deputy Chairman of the Legislative
Council.—The Legislative Council of every State having such Council
shall, as soon as may be, choose two members of the Council to be
respectively Chairman and Deputy Chairman thereof and, so often as
the office of Chairman or Deputy Chairman becomes vacant, the
Council shall choose another member to be Chairman or Deputy
Chairman, as the case may be.

183. Vacation and resignation of, and removal from, the offices of
Chairman and Deputy Chairman.—A member holding office as
Chairman or Deputy Chairman of a Legislative Council—
(a) shall vacate his office if he ceases to be a member of the
Council;
(b) may at any time by writing under his hand addressed, if such
member is the Chairman, to the Deputy Chairman, and if such
member is the Deputy Chairman, to the Chairman, resign his office;
and
(c) may be removed from his office by a resolution of the
Council passed by a majority of all the then members of the
Council:
Provided that no resolution for the purpose of clause (c) shall be
moved unless at least fourteen days’ notice has been given of the
intention to move the resolution.
184. Power of the Deputy Chairman or other person to perform
the duties of the office of, or to act as, Chairman.—(1) While the
office of Chairman is vacant, the duties of the office shall be
performed by the Deputy Chairman or, if the office of Deputy
Chairman is also vacant, by such member of the Council as the
Governor may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the
Council the Deputy Chairman or, if he is also absent, such person as
may be determined by the rules of procedure of the Council, or, if no
such person is present, such other person as may be determined by the
Council, shall act as Chairman.
185. The Chairman or the Deputy Chairman not to preside while a resolution for
his removal from office is under consideration.—(1) At any sitting of the Legislative
Council, while any resolution for the removal of the Chairman from his office is under
consideration, the Chairman, or while any resolution for the removal of the Deputy
Chairman from his office is under consideration, the Deputy Chairman, shall not, though
he is present, preside, and the provisions of clause (2) of article 184 shall apply in
relation to every such sitting as they apply in relation to a sitting from which the
Chairman or, as the case may be, the Deputy Chairman is absent.
(2) The Chairman shall have the right to speak in, and otherwise to
take part in the proceedings of, the Legislative Council while any
resolution for his removal from office is under consideration in the
Council and shall, notwithstanding anything in article 189, be entitled
to vote only in the first instance on such resolution or on any other
matter during such proceedings but not in the case of an equality of
votes.
186. Salaries and allowances of the Speaker and Deputy Speaker
and the Chairman and Deputy Chairman.—There shall be paid to the
Speaker and the Deputy Speaker of the Legislative Assembly, and to
the Chairman and the Deputy Chairman of the Legislative Council,
such salaries and allowances as may be respectively fixed by the
Legislature of the State by law and, until provision in that behalf is so
made, such salaries and allowances as are specified in the Second
Schedule.
187. Secretariat of State Legislature.—(1) The House or each
House of the Legislature of a State shall have a separate secretarial
staff:

Provided that nothing in this clause shall, in the case of the
Legislature of a State having a Legislative Council, be construed as
preventing the creation of posts common to both Houses of such
Legislature.
(2) The Legislature of a State may by law regulate the recruitment,
and the conditions of service of persons appointed, to the secretarial
staff of the House or Houses of the Legislature of the State.
(3) Until provision is made by the Legislature of the State under
clause (2), the Governor may, after consultation with the Speaker of
the Legislative Assembly or the Chairman of the Legislative Council,
as the case may be, make rules regulating the recruitment, and the
conditions of service of persons appointed, to the secretarial staff of
the Assembly or the Council, and any rules so made shall have effect
subject to the provisions of any law made under the said clause.
Conduct of Business
188. Oath or affirmation by members.—Every member of the
Legislative Assembly or the Legislative Council of a State shall, before
taking his seat, make and subscribe before the Governor, or some
person appointed in that behalf by him, an oath or affirmation
according to the form set out for the purpose in the Third Schedule.
189. Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.—(1) Save as otherwise provided in this
Constitution, all questions at any sitting of a House of the Legislature
of a State shall be determined by a majority of votes of the members
present and voting, other than the Speaker or Chairman, or person
acting as such.
The Speaker or Chairman, or person acting as such, shall not vote in
the first instance, but shall have and exercise a casting vote in the case
of an equality of votes.
(2) A House of the Legislature of a State shall have power to act
notwithstanding any vacancy in the membership thereof, and any
proceedings in the Legislature of a State shall be valid notwithstanding
that it is discovered subsequently that some person who was not
entitled so to do sat or voted or otherwise took part in the proceedings.
(3) Until the Legislature of the State by law otherwise provides, the
quorum to constitute a meeting of a House of the Legislature of a State
shall be ten members or one-tenth of the total number of members of
the House, whichever is greater.
(4) If at any time during a meeting of the Legislative Assembly or
the Legislative Council of a State there is no quorum, it shall be the
duty of the Speaker or Chairman, or person acting as such, either to
adjourn the House or to suspend the meeting until there is a quorum.
Disqualifications of Members
190. Vacation of seats.—(1) No person shall be a member of both
Houses of the Legislature of a State and provision shall be made by the
Legislature of the State by law for the vacation by a person who is
chosen a member of both Houses of his seat in one house or the other.
(2) No person shall be a member of the Legislatures of two or more
States specified in the First Schedule and if a person is chosen a
member of the Legislatures of two or more such States, then, at the
expiration of such period as may be specified in rules made by the

President, that person’s seat in the Legislatures of all such States shall
become vacant, unless he has previously resigned his seat in the
Legislatures of all but one of the States.
(3) If a member of a House of the Legislature of a State—
(a) becomes subject to any of the disqualifications mentioned in
clause (1) or clause (2) of article 191; or
(b) resigns his seat by writing under his hand addressed to the
speaker or the Chairman, as the case may be, and his resignation is
accepted by the Speaker or the Chairman, as the case may be,
his seat shall thereupon become vacant:
Provided that in the case of any resignation referred to in sub-clause
(b), if from information received or otherwise and after making such
inquiry as he thinks fit, the Speaker or the Chairman, as the case may
be, is satisfied that such resignation is not voluntary or genuine, he
shall not accept such resignation.
(4) If for a period of sixty days a member of a House of the
Legislature of a State is without permission of the House absent from
all meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account
shall be taken of any period during which the House is prorogued or is
adjourned for more than four consecutive days.
191. Disqualifications for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of the
Legislative Assembly or Legislative Council of a State—
(a) if he holds any office of profit under the Government of
India or the Government of any State specified in the First
Schedule, other than an office declared by the Legislature of the
State by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a
competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired
the citizenship of a foreign State, or is under any acknowledgment
of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by
Parliament.
Explanation.—For the purposes of this clause, a person shall not be
deemed to hold an office of profit under the Government of India or the
Government of any State specified in the First Schedule by reason only
that he is a Minister either for the Union or for such State.
(2) A person shall be disqualified for being a member of the
Legislative Assembly or Legislative Council of a State if he is so
disqualified under the Tenth Schedule.
192. Decision on questions as to disqualifications of members.—
(1) If any question arises as to whether a member of a House of the
Legislature of a State has become subject to any of the
disqualifications mentioned in clause (1) of article 191, the question
shall be referred for the decision of the Governor and his decision shall
be final.

(2) Before giving any decision on any such question, the Governor
shall obtain the opinion of the Election Commission and shall act
according to such opinion.
193. Penalty for sitting and voting before making oath or
affirmation under article 188 or when not qualified or when
disqualified.—If a person sits or votes as a member of the Legislative
Assembly or the Legislative Council of a State before he has complied
with the requirements of article 188, or when he knows that he is not
qualified or that he is disqualified for membership thereof, or that he is
prohibited from so doing by the provisions of any law made by
Parliament or the Legislature of the State, he shall be liable in respect
of each day on which he so sits or votes to a penalty of five hundred
rupees to be recovered as a debt due to the State.
Powers, Privileges and Immunities of State Legislatures
and their Members
194. Powers, privileges, etc., of the Houses of Legislatures and of
the members and committees thereof.—(1) Subject to the provisions
of this Constitution and to the rules and standing orders regulating the
procedure of the Legislature, there shall be freedom of speech in the
Legislature of every State.
(2) No member of the Legislature of a State shall be liable to any
proceedings in any court in respect of anything said or any vote given
by him in the Legislature or any committee thereof, and no person shall
be so liable in respect of the publication by or under the authority of a
House of such a Legislature of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of a House of the
Legislature of a State, and of the members and the committees of a House of such
Legislature, shall be such as may from time to time be defined by the Legislature by law,
and, until so defined, shall be those of that House and of its members and committees
immediately before the coming into force of section 26 of the Constitution (Forty-fourth
Amendment) Act, 1978.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by
virtue of this Constitution have the right to speak in, and otherwise to take part in the
proceedings of, a House of the Legislature of a State or any committee thereof as they
apply in relation to members of that Legislature.
195. Salaries and allowances of members.—Members of the Legislative Assembly
and the Legislative Council of a State shall be entitled to receive such salaries and
allowances as may from time to time be determined, by the Legislature of the State by
law and, until provision in that respect is so made, salaries and allowances at such rates
and upon such conditions as were immediately before the commencement of this
Constitution applicable in the case of members of the Legislative Assembly of the
corresponding Province.
Legislative Procedure
196. Provisions as to introduction and passing of Bills.—(1) Subject to the
provisions of articles 198 and 207 with respect to Money Bills and other financial Bills, a
Bill may originate in either House of the Legislature of a State which has a Legislative
Council.
(2) Subject to the provisions of articles 197 and 198, a Bill shall not be deemed to
have been passed by the Houses of the Legislature of a State having a Legislative
Council unless it has been agreed to by both Houses, either without amendment or with
such amendments only as are agreed to by both Houses.

(3) A Bill pending in the Legislature of a State shall not lapse by reason of the
prorogation of the House or Houses thereof.
(4) A Bill pending in the Legislative Council of a State which has not been passed by
the Legislative Assembly shall not lapse on a dissolution of the Assembly.
(5) A Bill which is pending in the Legislative Assembly of a State, or which having
been passed by the Legislative Assembly is pending in the Legislative Council, shall
lapse on a dissolution of the Assembly.
197. Restriction on powers of Legislative Council as to Bills other than Money
Bills.—(1) If after a Bill has been passed by the Legislative Assembly of a State having a
Legislative Council and transmitted to the Legislative Council—
(a) the Bill is rejected by the Council; or
(b) more than three months elapse from the date on which the Bill is laid before
the Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the Legislative
Assembly does not agree;
the Legislative Assembly may, subject to the rules regulating its
procedure, pass the Bill again in the same or in any subsequent session
with or without such amendments, if any, as have been made, suggested
or agreed to by the Legislative Council and then transmit the Bill as so
passed to the Legislative Council.
(2) If after a Bill has been so passed for the second time by the
Legislative Assembly and transmitted to the Legislative Council—
(a) the Bill is rejected by the Council; or
(b) more than one month elapses from the date on which the
Bill is laid before the Council without the Bill being passed by it;
or
(c) the Bill is passed by the Council with amendments to
which the Legislative Assembly does not agree;
the Bill shall be deemed to have been passed by the Houses of the
Legislature of the State in the form in which it was passed by the
Legislative Assembly for the second time with such amendments, if
any, as have been made or suggested by the Legislative Council and
agreed to by the Legislative Assembly.
(3) Nothing in this article shall apply to a Money Bill.
198. Special procedure in respect of Money Bills.—(1) A Money
Bill shall not be introduced in a Legislative Council.
(2) After a Money Bill has been passed by the Legislative Assembly
of a State having a Legislative Council, it shall be transmitted to the
Legislative Council for its recommendations, and the Legislative
Council shall within a period of fourteen days from the date of its
receipt of the Bill return the Bill to the Legislative Assembly with its
recommendations, and the Legislative Assembly may thereupon either
accept or reject all or any of the recommendations of the Legislative
Council.
(3) If the Legislative Assembly accepts any of the recommendations
of the Legislative Council, the Money Bill shall be deemed to have
been passed by both Houses with the amendments recommended by the
Legislative Council and accepted by the Legislative Assembly.
(4) If the Legislative Assembly does not accept any of the
recommendations of the Legislative Council, the Money Bill shall be
deemed to have been passed by both Houses in the form in which it was

passed by the Legislative Assembly without any of the amendments
recommended by the Legislative Council.
(5) If a Money Bill passed by the Legislative Assembly and
transmitted to the Legislative Council for its recommendations is not
returned to the Legislative Assembly within the said period of fourteen
days, it shall be deemed to have been passed by both Houses at the
expiration of the said period in the form in which it was passed by the
Legislative Assembly.
199. Definition of “Money Bills”.—(1) For the purposes of this Chapter, a Bill shall
be deemed to be a Money Bill if it contains only provisions dealing with all or any of the
following matters, namely:—
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by
the State, or the amendment of the law with respect to any financial obligations
undertaken or to be undertaken by the State;
(c) the custody of the Consolidated Fund or the Contingency Fund of the State,
the payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of the State;
(e) the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of the State, or the increasing of the amount of any such
expenditure;
(f) the receipt of money on account of the Consolidated Fund of the State or the
public account of the State or the custody or issue of such money; or
(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for
the imposition of fines or other pecuniary penalties, or for the demand or payment of fees
for licences or fees for services rendered, or by reason that it provides for the imposition,
abolition, remission, alteration or regulation of any tax by any local authority or body for
local purposes.
(3) If any question arises whether a Bill introduced in the Legislature of a State which
has a Legislative Council is a Money Bill or not, the decision of the Speaker of the
Legislative Assembly of such State thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the
Legislative Council under article 198, and when it is presented to the Governor for assent
under article 200, the certificate of the Speaker of the Legislative Assembly signed by
him that it is a Money Bill.
200. Assent to Bills.—When a Bill has been passed by the Legislative Assembly of a
State or, in the case of a State having a Legislative Council, has been passed by both
Houses of the Legislature of the State, it shall be presented to the Governor and the
Governor shall declare either that he assents to the Bill or that he withholds assent
therefrom or that he reserves the Bill for the consideration of the President:
Provided that the Governor may, as soon as possible after the presentation to him of
the Bill for assent, return the Bill if it is not a Money Bill together with a message
requesting that the House or Houses will reconsider the Bill or any specified provisions
thereof and, in particular, will consider the desirability of introducing any such
amendments as he may recommend in his message and, w h e n a B i l l i s s o r e t u r n e d ,
the House or Houses shall reconsider the Bill accordingly, and if the
Bill is passed again by the House or Houses with or without amendment
and presented to the Governor for assent, the Governor shall not
withhold assent therefrom:
Provided further that the Governor shall not assent to, but shall
reserve for the consideration of the President, any Bill which in the

opinion of the Governor would, if it became law, so derogate from the
powers of the High Court as to endanger the position which that Court
is by this Constitution designed to fill.
201. Bills reserved for consideration.—When a Bill is reserved by
a Governor for the consideration of the President, the President shall
declare either that he assents to the Bill or that he withholds assent
therefrom:
Provided that, where the Bill is not a Money Bill, the President may
direct the Governor to return the Bill to the House or, as the case may
be, the Houses of the Legislature of the State together with such a
message as is mentioned in the first proviso to article 200 and, when a
Bill is so returned, the House or Houses shall reconsider it accordingly
within a period of six months from the date of receipt of such message
and, if it is again passed by the House or Houses with or without
amendment, it shall be presented again to the President for his
consideration.
Procedure in Financial Matters
202. Annual financial statement.—(1) The Governor shall in
respect of every financial year cause to be laid before the House or
Houses of the Legislature of the State a statement of the estimated
receipts and expenditure of the State for that year, in this Part referred
to as the “annual financial statement”.
(2) The estimates of expenditure embodied in the annual financial
statement shall show separately—
(a) the sums required to meet expenditure described by this
Constitution as expenditure charged upon the Consolidated Fund of
the State; and
(b) the sums required to meet other expenditure proposed to be
made from the Consolidated Fund of the State;
and shall distinguish expenditure on revenue account from other
expenditure.
(3) The following expenditure shall be expenditure charged on the
Consolidated Fund of each State—
(a) the emoluments and allowances of the Governor and other
expenditure relating to his office;
(b) the salaries and allowances of the Speaker and the Deputy
Speaker of the Legislative Assembly and, in the case of a State
having a Legislative Council, also of the Chairman and the Deputy
Chairman of the Legislative Council;
(c) debt charges for which the State is liable including interest,
sinking fund charges and redemption charges, and other expenditure
relating to the raising of loans and the service and redemption of
debt;
(d) expenditure in respect of the salaries and allowances of
Judges of any High Court;
(e) any sums required to satisfy any judgment, decree or award
of any court or arbitral tribunal;
(f) any other expenditure declared by this Constitution, or by
the Legislature of the State by law, to be so charged.
203. Procedure in Legislature with respect to estimates.—(1) So
much of the estimates as relates to expenditure charged upon the

Consolidated Fund of a State shall not be submitted to the vote of the
Legislative Assembly, but nothing in this clause shall be construed as
preventing the discussion in the Legislature of any of those estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted
in the form of demands for grants to the Legislative Assembly, and the Legislative
Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent
to any demand subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the
Governor.
204. Appropriation Bills.—(1) As soon as may be after the grants under article 203
have been made by the Assembly, there shall be introduced a Bill to provide for the
appropriation out of the Consolidated Fund of the State of all moneys required to meet—
(a) the grants so made by the Assembly; and
(b) the expenditure charged on the Consolidated Fund of the State but not
exceeding in any case the amount shown in the statement previously laid before the
House or Houses.
(2) No amendment shall be proposed to any such Bill in the House or either House of
the Legislature of the State which will have the effect of varying the amount or altering
the destination of any grant so made or of varying the amount of any expenditure
charged on the Consolidated Fund of the State, and the decision of the person presiding
as to whether an amendment is inadmissible under this clause shall be final.
(3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn
from the Consolidated Fund of the State except under appropriation made by law passed
in accordance with the provisions of this article.
205. Supplementary, additional or excess grants.—(1) The Governor shall—
(a) if the amount authorised by any law made in accordance with the provisions
of article 204 to be expended for a particular service for the current financial year is
found to be insufficient for the purposes of that year or when a need has arisen during
the current financial year for supplementary or additional expenditure upon some
new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess
of the amount granted for that service and for that year,
cause to be laid before the House or the Houses of the Legislature of the State another
statement showing the estimated amount of that expenditure or cause to be presented to
the Legislative Assembly of the State a demand for such excess, as the case may be.
(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any
such statement and expenditure or demand and also to any law to be made authorising
the appropriation of moneys out of the Consolidated Fund of the State to meet such
expenditure or the grant in respect of such demand as they have effect in relation to the
annual financial statement and the expenditure mentioned therein or to a demand for a
grant and the law to be made for the authorisation of appropriation of moneys out of the
Consolidated Fund of the State to meet such expenditure or grant.
206. Votes on account, votes of credit and exceptional grants.—(1)
Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative
Assembly of a State shall have power—
(a) to make any grant in advance in respect of the estimated expenditure for a
part of any financial year pending the completion of the procedure prescribed in
article 203 for the voting of such grant and the passing of the law in accordance with
the provisions of article 204 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of the
State when on account of the magnitude or the indefinite character of the service the

demand cannot be stated with the details ordinarily given in an annual financial
statement;
(c) to make an exceptional grant which forms no part of the current service of
any financial year;
and the Legislature of the State shall have power to authorise by law the withdrawal of
moneys from the Consolidated Fund of the State for the purposes for which the said
grants are made.
(2) The provisions of articles 203 and 204 shall have effect in relation to the making
of any grant under clause (1) and to any law to be made under that clause as they have
effect in relation to the making of a grant with regard to any expenditure mentioned in
the annual financial statement and the law to be made for the authorisation of
appropriation of moneys out of the Consolidated Fund of the State to meet such
expenditure.
207. Special provisions as to financial Bills.—(1) A Bill or amendment making
provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article
199 shall not be introduced or moved except on the recommendation of the Governor,
and a Bill making such provision shall not be introduced in a Legislative Council:
Provided that no recommendation shall be required under this clause for the moving
of an amendment making provision for the reduction or abolition of any tax.
(2) A Bill or amendment shall not be deemed to make provision for any of the matters
aforesaid by reason only that it provides for the imposition of fines or other pecuniary
penalties, or for the demand or payment of fees for licences or fees for services rendered,
or by reason that it provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure
from the Consolidated Fund of a State shall not be passed by a House of the Legislature
of the State unless the Governor has recommended to that House the consideration of the
Bill.
Procedure Generally
208. Rules of procedure.—(1) A House of the Legislature of a State may make rules
for regulating, subject to the provisions of this Constitution, its procedure and the
conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and standing orders
in force immediately before the commencement of this Constitution with respect to the
Legislature for the corresponding Province shall have effect in relation to the Legislature
of the State subject to such modifications and adaptations as may be made therein by the
Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the
case may be.
(3) In a State having a Legislative Council the Governor, after consultation with the
Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may
make rules as to the procedure with respect to communications between the two Houses.
209. Regulation by law of procedure in the Legislature of the State in relation to
financial business. —The Legislature of a State may, for the purpose of the timely
completion of financial business, regulate by law the procedure of, and the conduct of
business in, the House or Houses of the Legislature of the State in relation to any
financial matter or to any Bill for the appropriation of moneys out of the Consolidated
Fund of the State, and, if and so far as any provision of any law so made is inconsistent
with any rule made by the House or either House of the Legislature of the State under
clause (1) of article 208 or with any rule or standing order having effect in relation to the
Legislature of the State under clause (2) of that article, such provision shall prevail.
210. Language to be used in the Legislature.—(1) Notwithstanding anything in Part
XVII, but subject to the provisions of article 348, business in the Legislature of a State

shall be transacted in the official language or languages of the State or in Hindi or in
English:
Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative
Council, or person acting as such, as the case may be, may permit any member who
cannot adequately express himself in any of the languages aforesaid to address the House
in his mother-tongue.
(2) Unless the Legislature of the State by law otherwise provides, this article shall,
after the expiration of a period of fifteen years from the commencement of this
Constitution, have effect as if the words “or in English” were omitted therefrom:
Provided that in relation to the Legislatures of the States of Himachal Pradesh,
Manipur, Meghalaya and Tripura this clause shall have effect as if for the words “fifteen”
years occurring therein, the words “twenty-five years” were substituted:
Provided further that in relation to the Legislatures of the States of Arunachal
Pradesh, Goa and Mizoram, this clause shall have effect as if for the words “fifteen
years” occurring therein, the words “forty years” were substituted.
211. Restriction on discussion in the Legislature. —No discussion shall take place
in the Legislature of a State with respect to the conduct of any Judge of the Supreme
Court or of a High Court in the discharge of his duties.
212. Courts not to inquire into proceedings of the Legislature.—(1) The validity
of any proceedings in the Legislature of a State shall not be called in question on the
ground of any alleged irregularity of procedure.
(2) No officer or member of the Legislature of a State in whom powers are vested by
or under this Constitution for regulating procedure or the conduct of business, or for
maintaining order, in the Legislature shall be subject to the jurisdiction of any court in
respect of the exercise by him of those powers.
CHAPTER IV.—L EGISLATIVE POWER OF THE GOVERNOR
213. Power of Governor to promulgate Ordinances during recess of
Legislature.—(1) If at any time, except when the Legislative Assembly of a State is in
session, or where there is a Legislative Council in a State, except when both Houses of
the Legislature are in session, the Governor is satisfied that circumstances exist which
render it necessary for him to take immediate action, he may promulgate such
Ordinances as the circumstances appear to him to require:
Provided that the Governor shall not, without instructions from the President,
promulgate any such Ordinance if—
(a) a Bill containing the same provisions would under this Constitution have
required the previous sanction of the President for the introduction thereof into the
Legislature; or
(b) he would have deemed it necessary to reserve a Bill containing the same
provisions for the consideration of the President; or
(c) an Act of the Legislature of the State containing the same provisions would
under this Constitution have been invalid unless, having been reserved for the
consideration of the President, it had received the assent of the President.
(2) An Ordinance promulgated under this article shall have the same force and effect
as an Act of the Legislature of the State assented to by the Governor, but every such
Ordinance—
(a) shall be laid before the Legislative Assembly of the State, or where there is a
Legislative Council in the State, before both the Houses, and shall cease to operate at
the expiration of six weeks from the reassembly of the Legislature, or if before the
expiration of that period a resolution disapproving it is passed by the Legislative
Assembly and agreed to by the Legislative Council, if any, upon the passing of the

resolution or, as the case may be, on the resolution being agreed to by the Council;
and
(b) may be withdrawn at any time by the Governor.
Explanation.—Where the Houses of the Legislature of a State having a Legislative
Council are summoned to reassemble on different dates, the period of six weeks shall be
reckoned from the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which would
not be valid if enacted in an Act of the Legislature of the State assented to by the
Governor, it shall be void:
Provided that, for the purposes of the provisions of this Constitution relating to the
effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament
or an existing law with respect to a matter enumerated in the Concurrent List, an
Ordinance promulgated under this article in pursuance of instructions from the President
shall be deemed to be an Act of the Legislature of the State which has been reserved for
the consideration of the President and assented to by him.
* * * * *

C
HAPTER V.—T HE HIGH COURTS IN THE STATES
214. High Courts for States.—There shall be a High Court for each State.
* * * * *

215. High Courts to be courts of record.—Every High Court shall be a court of
record and shall have all the powers of such a court including the power to punish for
contempt of itself.
216. Constitution of High Courts.—Every High Court shall consist of a Chief
Justice and such other Judges as the President may from time to time deem it necessary
to appoint.
* * * * *
217. Appointment and conditions of the office of a Judge of a High Court.—(1)
Every Judge of a High Court shall be appointed by the President by warrant under his
hand and seal after consultation with the Chief Justice of India, the Governor of the
State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief
Justice of the High Court, and shall hold office, in the case of an additional or acting
Judge, as provided in article 224, and in any other case, until he attains the age of sixty-
two years:
Provided that—
(a) a Judge may, by writing under his hand addressed to the President, resign his
office;
(b) a Judge may be removed from his office by the President in the manner
provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;
(c) the office of a Judge shall be vacated by his being appointed by the President
to be a Judge of the Supreme Court or by his being transferred by the President to any
other High Court within the territory of India.
(2) A person shall not be qualified for appointment as a Judge of a High Court unless
he is a citizen of India and—
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court or of two or more
such Courts in succession.
* * * * *
Explanation.—For the purposes of this clause—

(a) in computing the period during which a person has held judicial office in the
territory of India, there shall be included any period, after he has held any judicial
office, during which the person has been an advocate of a High Court or has held the
office of a member of a tribunal or any post, under the Union or a State, requiring
special knowledge of law;
(aa) in computing the period during which a person has been an advocate of a
High Court, there shall be included any period during which the person has held
judicial office or the office of a member of a tribunal or any post, under the Union or a
State, requiring special knowledge of law after he became an advocate;
(b) in computing the period during which a person has held judicial office in the
territory of India or been an advocate of a High Court, there shall be included any
period before the commencement of this Constitution during which he has held
judicial office in any area which was comprised before the fifteenth day of August,
1947, within India as defined by the Government of India Act, 1935, or has been an
advocate of any High Court in any such area, as the case may be.
(3) If any question arises as to the age of a Judge of a High Court, the question shall
be decided by the President after consultation with the Chief Justice of India and the
decision of the President shall be final.
218. Application of certain provisions relating to Supreme Court to High
Courts.— The provisions of clauses (4) and (5) of article 124 shall apply in relation to a
High Court as they apply in relation to the Supreme Court with the substitution of
references to the High Court for references to the Supreme Court.
219. Oath or affirmation by Judges of High Courts.—Every person appointed to
be a Judge of a High Court shall, before he enters upon his office, make and subscribe
before the Governor of the State, or some person appointed in that behalf by him, an oath
or affirmation according to the form set out for the purpose in the Third Schedule.
220. Restriction on practice after being a permanent Judge.—No person who,
after the commencement of this Constitution, has held office as a permanent Judge of a
High Court shall plead or act in any court or before any authority in India except the
Supreme Court and the other High Courts.
Explanation.—In this article, the expression “High Court” does not include a High
Court for a State specified in Part B of the First Schedule as it existed before the
commencement of the Constitution (Seventh Amendment) Act, 1956.
221. Salaries, etc., of Judges.—(1) There shall be paid to the Judges of each High
Court such salaries as may be determined by Parliament by law and, until provision in
that behalf is so made, such salaries as are specified in the Second Schedule.
(2) Every Judge shall be entitled to such allowances and to such rights in respect of
leave of absence and pension as may from time to time be determined by or under law
made by Parliament and, until so determined, to such allowances and rights as are
specified in the Second Schedule:
Provided that neither the allowances of a Judge nor his rights in respect of leave of
absence or pension shall be varied to his disadvantage after his appointment.
222. Transfer of a Judge from one High Court to another.—(1) The President
may, after consultation with the Chief Justice of India, transfer a Judge from one High
Court to any other High Court.
(2) When a Judge has been or is so transferred, he shall, during the period he serves,
after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a
Judge of the other High Court, be entitled to receive in addition to his salary such
compensatory allowance as may be determined by Parliament by law and, until so
determined, such compensatory allowance as the President may by order fix.
223. Appointment of acting Chief Justice.—When the office of Chief Justice of a
High Court is vacant or when any such Chief Justice is, by reason of absence or

otherwise, unable to perform the duties of his office, the duties of the office shall be
performed by such one of the other Judges of the Court as the President may appoint for
the purpose.
224. Appointment of additional and acting Judges.—(1) If by reason of any
temporary increase in the business of a High Court or by reason of arrears of work
therein, it appears to the President that the number of the Judges of that Court should be
for the time being increased, the President may appoint duly qualified persons to be
additional Judges of the Court for such period not exceeding two years as he may
specify.
(2) When any Judge of a High Court other than the Chief Justice is by reason of
absence or for any other reason unable to perform the duties of his office or is appointed
to act temporarily as Chief Justice, the President may appoint a duly qualified person to
act as a Judge of that Court until the permanent Judge has resumed his duties.
(3) No person appointed as an additional or acting Judge of a High Court shall hold
office after attaining the age of sixty-two years.
224A. Appointment of retired Judges at sittings of High Courts.—
Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State
may at any time, with the previous consent of the President, request any person who has
held the office of a Judge of that Court or of any other High Court to sit and act as a
Judge of the High Court for that State, and every such person so requested shall, while so
sitting and acting, be entitled to such allowances as the President may by order determine
and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed
to be, a Judge of that High Court:
Provided that nothing in this article shall be deemed to require any such person as
aforesaid to sit and act as a Judge of that High Court unless he consents so to do.
225. Jurisdiction of existing High Courts.—Subject to the provisions of this
Constitution and to the provisions of any law of the appropriate Legislature made by
virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of,
and the law administered in, any existing High Court, and the respective powers of the
Judges thereof in relation to the administration of justice in the Court, including any
power to make rules of Court and to regulate the sittings of the Court and of members
thereof sitting alone or in Division Courts, shall be the same as immediately before the
commencement of this Constitution:
Provided that any restriction to which the exercise of original jurisdiction by any of
the High Courts with respect to any matter concerning the revenue or concerning any act
ordered or done in the collection thereof was subject immediately before the
commencement of this Constitution shall no longer apply to the exercise of such
jurisdiction.
226. Power of High Courts to issue certain writs.—(1) Notwithstanding anything in
article 32 every High Court shall have power, throughout the territories in relation to
which it exercises jurisdiction, to issue to any person or authority, including in
appropriate cases, any Government, within those territories directions, orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto
and certiorari, or any of them, for the enforcement of any of the rights conferred by Part
III and for any other purpose.
(2) The power conferred by clause (1) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High Court exercising
jurisdiction in relation to the territories within which the cause of action, wholly or in
part, arises for the exercise of such power, notwithstanding that the seat of such
Government or authority or the residence of such person is not within those territories.
(3) Where any party against whom an interim order, whether by way of injunction or
stay or in any other manner, is made on, or in any proceedings relating to, a petition
under clause (1), without—

(a) furnishing to such party copies of such petition and all documents in support
of the plea for such interim order; and
(b) giving such party an opportunity of being heard,
makes an application to the High Court for the vacation of such order and furnishes a
copy of such application to the party in whose favour such order has been made or the
counsel of such party, the High Court shall dispose of the application within a period of
two weeks from the date on which it is received or from the date on which the copy of
such application is so furnished, whichever is later, or where the High Court is closed on
the last day of that period, before the expiry of the next day afterwards on which the
High Court is open; and if the application is not so disposed of, the interim order shall,
on the expiry of that period, or, as the case may be, the expiry of the said next day, stand
vacated.
(4) The power conferred on a High Court by this article shall not be in derogation of
the power conferred on the Supreme Court by clause (2) of article 32.
226A. [Constitutional validity of Central laws not to be considered in proceedings
under article 226.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 8
(w.e.f. 13-4-1978).
227. Power of superintendence over all courts by the High Court.—(1) Every
High Court shall have superintendence over all courts and tribunals throughout the
territories in relation to which it exercises jurisdiction.
(2) Without prejudice to the generality of the foregoing provision, the High Court
may—
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice
and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the
officers of any such courts.
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all
clerks and officers of such courts and to attorneys, advocates and pleaders practising
therein:
Provided that any rules made, forms prescribed or tables settled under clause (2) or
clause (3) shall not be inconsistent with the provision of any law for the time being in
force, and shall require the previous approval of the Governor.
(4) Nothing in this article shall be deemed to confer on a High Court powers of
superintendence over any court or tribunal constituted by or under any law relating to the
Armed Forces.
* * * * *
228. Transfer of certain cases to High Court.—If the High Court is satisfied that a
case pending in a court subordinate to it involves a substantial question of law as to the
interpretation of this Constitution the determination of which is necessary for the
disposal of the case, it shall withdraw the case and may—
(a) either dispose of the case itself, or
(b) determine the said question of law and return the case to the court from
which the case has been so withdrawn together with a copy of its judgment on such
question, and the said court shall on receipt thereof proceed to dispose of the case in
conformity with such judgment.
228A. [Special provisions as to disposal of questions relating to constitutional
validity of State laws.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 10
(w.e.f. 13-4-1978).

229. Officers and servants and the expenses of High Courts.—(1) Appointments
of officers and servants of a High Court shall be made by the Chief Justice of the Court
or such other Judge or officer of the Court as he may direct:
Provided that the Governor of the State may by rule require that in such cases as may
be specified in the rule no person not already attached to the Court shall be appointed to
any office connected with the Court save after consultation with the State Public Service
Commission.
(2) Subject to the provisions of any law made by the Legislature of the State, the
conditions of service of officers and servants of a High Court shall be such as may be
prescribed by rules made by the Chief Justice of the Court or by some other Judge or
officer of the Court authorised by the Chief Justice to make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate to salaries,
allowances, leave or pensions, require the approval of the Governor of the State.
(3) The administrative expenses of a High Court, including all salaries, allowances
and pensions payable to or in respect of the officers and servants of the Court, shall be
charged upon the Consolidated Fund of the State, and any fees or other moneys taken by
the Court shall form part of that Fund.
230. Extension of jurisdiction of High Courts to Union territories.—(1)
Parliament may by law extend the jurisdiction of a High Court to, or exclude the
jurisdiction of a High Court from, any Union territory.
(2) Where the High Court of a State exercises jurisdiction in relation to a Union
territory,—
(a) nothing in this Constitution shall be construed as
empowering the Legislature of the State to increase, restrict or
abolish that jurisdiction; and
(b) the reference in article 227 to the Governor shall, in relation
to any rules, forms or tables for subordinate courts in that territory,
be construed as a reference to the President.
231. Establishment of a common High Court for two or more States.—(1)
Notwithstanding anything contained in the preceding provisions of this Chapter,
Parliament may by law establish a common High Court for two or more States or for two
or more States and a Union territory.
(2) In relation to any such High Court,—
(a) the reference in article 217 to the Governor of the State shall be construed as
a reference to the Governors of all the States in relation to which the High Court
exercises jurisdiction;
(b) the reference in article 227 to the Governor shall, in relation to any rules,
forms or tables for subordinate courts, be construed as a reference to the Governor of
the State in which the subordinate courts are situate; and
(c) the references in articles 219 and 229 to the State shall be construed as a
reference to the State in which the High Court has its principal seat:
Provided that if such principal seat is in a Union territory, the references in articles
219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated
Fund of the State shall be construed respectively as references to the President, Union
Public Service Commission, Parliament and Consolidated Fund of India.

C
HAPTER VI.—S UBORDINATE COURTS
233. Appointment of district judges.—(1) Appointments of persons to be, and the
posting and promotion of, district judges in any State shall be made by the Governor of

the State in consultation with the High Court exercising jurisdiction in relation to such
State.
(2) A person not already in the service of the Union or of the State shall only be
eligible to be appointed a district judge if he has been for not less than seven years an
advocate or a pleader and is recommended by the High Court for appointment.
233A. Validation of appointments of, and judgments, etc., delivered by,
certain district judges. —Notwithstanding any judgment, decree or order of any
court,—
(a) (i) no appointment of any person already in the judicial service of a State
or of any person who has been for not less than seven years an advocate or a pleader,
to be a district judge in that State, and
(ii) no posting, promotion or transfer of any such person as a district judge,
made at any time before the commencement of the Constitution (Twentieth Amendment)
Act, 1966, otherwise than in accordance with the provisions of article 233 or article 235
shall be deemed to be illegal or void or ever to have become illegal or void by reason
only of the fact that such appointment, posting, promotion or transfer was not made in
accordance with the said provisions;
(b) no jurisdiction exercised, no judgment, decree, sentence or order passed or
made, and no other act or proceedings done or taken, before the commencement of
the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person
appointed, posted, promoted or transferred as a district judge in any State otherwise
than in accordance with the provisions of article 233 or article 235 shall be deemed to
be illegal or invalid or ever to have become illegal or invalid by reason only of the
fact that such appointment, posting, promotion or transfer was not made in
accordance with the said provisions.
234. Recruitment of persons other than district judges to the judicial service.—
Appointments of persons other than district judges to the judicial service of a State shall
be made by the Governor of the State in accordance with rules made by him in that
behalf after consultation with the State Public Service Commission and with the High
Court exercising jurisdiction in relation to such State.
235. Control over subordinate courts.— The control over district courts and courts
subordinate thereto including the posting and promotion of, and the grant of leave to,
persons belonging to the judicial service of a State and holding any post inferior to the
post of district judge shall be vested in the High Court, but nothing in this article shall be
construed as taking away from any such person any right of appeal which he may have
under the law regulating the conditions of his service or as authorising the High Court to
deal with him otherwise than in accordance with the conditions of his service prescribed
under such law.
236. Interpretation.— In this Chapter—
(a) the expression “district judge” includes judge of a city civil court, additional
district judge, joint district judge, assistant district judge, chief judge of a small cause
court, chief presidency magistrate, additional chief presidency magistrate, sessions
judge, additional sessions judge and assistant sessions Judge;
(b) the expression “judicial service” means a service consisting exclusively of
persons intended to fill the post of district judge and other civil judicial posts inferior
to the post of district judge.
237. Application of the provisions of this Chapter to certain class or classes of
magistrates.—The Governor may by public notification direct that the foregoing
provisions of this Chapter and any rules made thereunder shall with effect from such date
as may be fixed by him in that behalf apply in relation to any class or classes of
magistrates in the State as they apply in relation to persons appointed to the judicial
service of the State subject to such exceptions and modifications as may be specified in
the notification.

PART VII.—[The States in Part B of the First Schedule]. Rep. by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

84

PART VIII
THE
UNION TERRITORIES
239. Administration of Union territories.—(1) Save as otherwise provided by
Parliament by law, every Union territory shall be administered by the President acting, to
such extent as he thinks fit, through an administrator to be appointed by him with such
designation as he may specify.
(2) Notwithstanding anything contained in Part VI, the President my appoint the
Governor of a State as the administrator of an adjoining Union territory, and where a
Governor is so appointed, he shall exercise his functions as such administrator
independently of his Council of Ministers.
239A. Creation of local Legislatures or Council of Ministers or both for certain
Union territories.—(1) Parliament may by law create for the Union territory of
Pondicherry—
(a) a body, whether elected or partly nominated and partly elected, to function
as a Legislature for the Union territory, or
(b) a Council of Ministers,
or both with such constitution, powers and functions, in each case, as may be specified in
the law.
(2) Any such law as is referred to in clause (1) shall not be deemed to be an
amendment of this Constitution for the purposes of article 368 notwithstanding that it
contains any provision which amends or has the effect of amending this Constitution.
239AA. Special provisions with respect to Delhi.—(1) As from the date of
commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union
territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this
Part referred to as the National Capital Territory) and the administrator thereof appointed
under article 239 shall be designated as the Lieutenant Governor.
(2)(a) There shall be a Legislative Assembly for the National Capital Territory and
the seats in such Assembly shall be filled by members chosen by direct election from
territorial constituencies in the National Capital Territory.
(b) The total number of seats in the Legislative Assembly, the number of seats
reserved for Scheduled Castes, the division of the National Capital Territory into
territorial constituencies (including the basis for such division) and all other matters
relating to the functioning of the Legislative Assembly shall be regulated by law made
by Parliament.
(c) The provisions of articles 324 to 327 and 329 shall apply in relation to the
National Capital Territory, the Legislative Assembly of the National Capital Territory
and the members thereof as they apply, in relation to a State, the Legislative Assembly of
a State and the members thereof respectively; and any reference in articles 326 and 329
to “appropriate Legislature” shall be deemed to be a reference to Parliament.
(3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall
have power to make laws for the whole or any part of the National Capital Territory with
respect to any of the matters enumerated in the State List or in the Concurrent List in so
far as any such matter is applicable to Union territories except matters with respect to
Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as
they relate to the said Entries 1, 2 and 18.
(b) Nothing in sub-clause (a) shall derogate from the powers of Parliament under this
Constitution to make laws with respect to any matter for a Union territory or any part
thereof.
(c) If any provision of a law made by the Legislative Assembly with respect to any
matter is repugnant to any provision of a law made by Parliament with respect to that

85

matter, whether passed before or after the law made by the Legislative Assembly, or of
an earlier law, other than a law made by the Legislative Assembly, then, in either case,
the law made by Parliament, or, as the case may be, such earlier law, shall prevail and
the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly has been reserved for
the consideration of the President and has received his assent, such law shall prevail in
the National Capital Territory:
Provided further that nothing in this sub-clause shall prevent Parliament from
enacting at any time any law with respect to the same matter including a law adding to,
amending, varying or repealing the law so made by the Legislative Assembly.
(4) There shall be a Council of Ministers consisting of not more than ten per cent. of
the total number of members in the Legislative Assembly, with the Chief Minister at the
head to aid and advise the Lieutenant Governor in the exercise of his functions in relation
to matters with respect to which the Legislative Assembly has power to make laws,
except in so far as he is, by or under any law, required to act in his discretion:
Provided that in the case of difference of opinion between the Lieutenant Governor
and his Ministers on any matter, the Lieutenant Governor shall refer it to the President
for decision and act according to the decision given thereon by the President and pending
such decision it shall be competent for the Lieutenant Governor in any case where the
matter, in his opinion, is so urgent that it is necessary for him to take immediate action,
to take such action or to give such direction in the matter as he deems necessary.
(5) The Chief Minister shall be appointed by the President and other Ministers shall
be appointed by the President on the advice of the Chief Minister and the Ministers shall
hold office during the pleasure of the President.
(6) The Council of Ministers shall be collectively responsible to the Legislative
Assembly.
(7) (a) Parliament may, by law, make provisions for giving effect to, or
supplementing the provisions contained in the foregoing clauses and for all matters
incidental or consequential thereto.
(b) Any such law as is referred to in sub-clause (a) shall not be deemed to be an
amendment of this Constitution for the purposes of article 368 notwithstanding that it
contains any provision which amends or has the effect of amending, this Constitution.
(8) The provisions of article 239B shall, so far as may be, apply in relation to the
National Capital Territory, the Lieutenant Governor and the Legislative Assembly, as
they apply in relation to the Union territory of Pondicherry, the administrator and its
Legislature, respectively; and any reference in that article to “clause (1) of article 239A”
shall be deemed to be a reference to this article or article 239AB, as the case may be.
239AB. Provision in case of failure of constitutional machinery.—If the President,
on receipt of a report from the Lieutenant Governor or otherwise, is satisfied—
(a) that a situation has arisen in which the administration of the National
Capital Territory cannot be carried on in accordance with the provisions of article
239AA or of any law made in pursuance of that article; or
(b) that for the proper administration of the National Capital Territory it is
necessary or expedient so to do,
the President may by order suspend the operation of any provision of article 239AA or of
all or any of the provisions of any law made in pursuance of that article for such period
and subject to such conditions as may be specified in such law and make such incidental
and consequential provisions as may appear to him to be necessary or expedient for
administering the National Capital Territory in accordance with the provisions of article
239 and article 239AA.
239B. Power of administrator to promulgate Ordinances during recess of
Legislature.—(1) If at any time, except when the Legislature of the Union territory of

Pondicherry is in session, the administrator thereof is satisfied that circumstances exist
which render it necessary for him to take immediate action, he may promulgate such
Ordinances as the circumstances appear to him to require:
Provided that no such Ordinance shall be promulgated by the administrator except
after obtaining instructions from the President in that behalf:
Provided further that whenever the said Legislature is dissolved, or its functioning
remains suspended on account of any action taken under any such law as is referred to in
clause (1) of article 239A, the administrator shall not promulgate any Ordinance during
the period of such dissolution or suspension.
(2) An Ordinance promulgated under this article in pursuance of instructions from the
President shall be deemed to be an Act of the Legislature of the Union territory which
has been duly enacted after complying with the provisions in that behalf contained in any
such law as is referred to in clause (1) of article 239A, but every such Ordinance—
(a) shall be laid before the Legislature of the Union territory and shall cease to
operate at the expiration of six weeks from the reassembly of the Legislature or if,
before the expiration of that period, a resolution disapproving it is passed by the
Legislature, upon the passing of the resolution; and
(b) may be withdrawn at any time by the administrator after obtaining
instructions from the President in that behalf.
(3) If and so far as an Ordinance under this article makes any provision which would
not be valid if enacted in an Act of the Legislature of the Union territory made after
complying with the provisions in that behalf contained in any such law as is referred to
in clause (1) of article 239A, it shall be void.
* * * * *
240. Power of President to make regulations for certain Union territories.— (1)
The President may make regulations for the peace, progress and good government of the
Union territory of—
(a) the Andaman and Nicobar Islands;
(b) Lakshadweep;
(c) Dadra and Nagar Haveli;
(d) Daman and Diu;
(e) Pondicherry:
Provided that when any body is created under article 239A to function as a
Legislature for the Union territory of Pondicherry, the President shall not make any
regulation for the peace, progress and good government of that Union territory with
effect from the date appointed for the first meeting of the Legislature:
Provided further that whenever the body functioning as a Legislature for the Union territory of Pondicherry is
dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under
any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or
suspension, make regulations for the peace, progress and good government of that Union territory.
(2) Any regulation so made may repeal or amend any Act made by Parliament or any
other law which is for the time being applicable to the Union territory and, when
promulgated by the President, shall have the same force and effect as an Act of
Parliament which applies to that territory.
241. High Courts for Union territories—(1) Parliament may by law constitute a
High Court for a Union territory or declare any court in any such territory to be a High
Court for all or any of the purposes of this Constitution.
(2) The provisions of Chapter V of Part VI shall apply in relation to every High Court
referred to in clause (1) as they apply in relation to a High Court referred to in article 214
subject to such modifications or exceptions as Parliament may by law provide.

(3) Subject to the provisions of this Constitution and to the provisions of any law of
the appropriate Legislature made by virtue of powers conferred on that Legislature by or
under this Constitution, every High Court exercising jurisdiction immediately before the
commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any
Union territory shall continue to exercise such jurisdiction in relation to that territory
after such commencement.
(4) Nothing in this article derogates from the power of Parliament to extend or
exclude the jurisdiction of a High Court for a State to, or from, any Union territory or
part thereof.
242. [Coorg.] Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

PART IX
THE PANCHAYATS
243. Definitions.—In this Part, unless the context otherwise
requires,—
(a) “district” means a district in a State;
(b) “Gram Sabha” means a body consisting of persons registered in the electoral
rolls relating to a village comprised within the area of Panchayat at the village level;
(c) “intermediate level” means a level between the village and district levels
specified by the Governor of a State by public notification to be the intermediate
level for the purposes of this Part;
(d) “Panchayat” means an institution (by whatever name called) of self-
government constituted under article 243B, for the rural areas;
(e) “Panchayat area” means the territorial area of a Panchayat;
(f) “Population” means the population as ascertained at the last preceding census
of which the relevant figures have been published;
(g) “village” means a village specified by the Governor by public notification to
be a village for the purposes of this Part and includes a group of villages so specified.
243A. Gram Sabha.— A Gram Sabha may exercise such powers and
perform such functions at the village level as the Legislature of a State
may, by law, provide.
243B. Constitution of Panchayats.—(1) There shall be constituted
in every State, Panchayats at the village, intermediate and district
levels in accordance with the provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayats at the
intermediate level may not be constituted in a State having a
population not exceeding twenty lakhs.
243C. Composition of Panchayats.— (1) Subject to the provisions
of this Part, the Legislature of a State may, by law, make provisions
with respect to the composition of Panchayats:
Provided that the ratio between the population of the territorial area
of a Panchayat at any level and the number of seats in such Panchayat
to be filled by election shall, so far as practicable, be the same
throughout the State.
(2) All the seats in a Panchayat shall be filled by persons chosen by
direct election from territorial constituencies in the Panchayat area
and, for this purpose, each Panchayat area shall be divided into
territorial constituencies in such manner that the ratio between the

population of each constituency and the number of seats allotted to it
shall, so far as practicable, be the same throughout the panchayat area.
(3) The Legislature of a State may, by law, provide for the
representation—
(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats
at the intermediate level or, in the case of a State not having Panchayats at the
intermediate level, in the Panchayats at the district level;
(b) of the Chairpersons of the Panchayats at the intermediate level, in the
Panchayats at the district level;
(c) of the members of the House of the People and the members of the
Legislative Assembly of the State representing constituencies which comprise wholly
or partly a Panchayat area at a level other than the village level, in such Panchayat;
(d) of the members of the Council of States and the members of the Legislative
Council of the State, where they are registered as electors within—
(i) a Panchayat area at the intermediate level, in Panchayat at the
intermediate level;
(ii) a Panchayat area at the district level, in Panchayat at the district level.
(4) The Chairperson of a Panchayat and other members of a
Panchayat whether or not chosen by direct election from territorial
constituencies in the Panchayat area shall have the right to vote in the
meetings of the Panchayats.
(5) The Chairperson of—
(a) a panchayat at the village level shall be elected in such manner as the
Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level shall be elected by, and
from amongst, the elected members thereof.
243D. Reservation of seats.—(1) Seats shall be reserved for—
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
in every Panchayat and the number of seats so reserved shall bear, as
nearly as may be, the same proportion to the total number of seats to be
filled by direct election in that Panchayat as the population of the
Scheduled Castes in that Panchayat area or of the Scheduled Tribes in
that Panchayat area bears to the total population of that area and such
seats may be allotted by rotation to different constituencies in a
Panchayat.
(2) Not less than one-third of the total number of seats reserved
under clause (1) shall be reserved for women belonging to the
Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved
for women belonging to the Scheduled Castes and the Scheduled
Tribes) of the total number of seats to be filled by direct election in
every Panchayat shall be reserved for women and such seats may be
allotted by rotation to different constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the village
or any other level shall be reserved for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the Legislature of a
State may, by law, provide:
Provided that the number of offices of Chairpersons reserved for the
Scheduled Castes and the Scheduled Tribes in the Panchayats at each
level in any State shall bear, as nearly as may be, the same proportion
89

to the total number of such offices in the Panchayats at each level as
the population of the Scheduled Castes in the State or of the Scheduled
Tribes in the State bears to the total population of the State:
Provided further that not less than one-third of the total number of
offices of Chairpersons in the Panchayats at each level shall be
reserved for women:
Provided also that the number of offices reserved under this clause
shall be allotted by rotation to different Panchayats at each level.
(5) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairpersons (other than the reservation for
women) under clause (4) shall cease to have effect on the expiration of
the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from
making any provision for reservation of seats in any Panchayat or
offices of Chairpersons in the Panchayats at any level in favour of
backward class of citizens.
243E. Duration of Panchayats, etc.—(1) Every Panchayat, unless
sooner dissolved under any law for the time being in force, shall
continue for five years from the date appointed for its first meeting and
no longer.
(2) No amendment of any law for the time being in force shall have
the effect of causing dissolution of a Panchayat at any level, which is
functioning immediately before such amendment, till the expiration of
its duration specified in clause (1).
(3) An election to constitute a Panchayat shall be completed—
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of its
dissolution:
Provided that where the remainder of the period for which the
dissolved Panchayat would have continued is less than six months, it
shall not be necessary to hold any election under this clause for
constituting the Panchayat for such period.
(4) A Panchayat constituted upon the dissolution of a Panchayat
before the expiration of its duration shall continue only for the
remainder of the period for which the dissolved Panchayat would have
continued under clause (1) had it not been so dissolved.
243F. Disqualifications for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of a
Panchayat—
(a) if he is so disqualified by or under any law for the time being in force for the
purposes of elections to the Legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is less than
twenty-five years of age, if he has attained the age of twenty-one years;
(b) if he is so disqualified by or under any law made by the Legislature of the
State.
(2) If any question arises as to whether a member of a Panchayat has
become subject to any of the disqualifications mentioned in clause (1),
the question shall be referred for the decision of such authority and in
such manner as the Legislature of a State may, by law, provide.
243G. Powers, authority and responsibilities of Panchayats.—
Subject to the provisions of this Constitution, the Legislature of a State

may, by law, endow the Panchayats with such powers and authority as
may be necessary to enable them to function as institutions of self-
government and such law may contain provisions for the devolution of
powers and responsibilities upon Panchayats at the appropriate level,
subject to such conditions as may be specified therein, with respect
to—
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice
as may be entrusted to them including those in relation to the matters listed in the
Eleventh Schedule.
243H. Powers to impose taxes by, and Funds of, the
Panchayats.—The Legislature of a State may, by law,—
(a) authorise a Panchayat to levy, collect and appropriate such taxes, duties,
tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected
by the State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the
Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received,
respectively, by or on behalf of the Panchayats and also for the withdrawal of such
moneys therefrom,
as may be specified in the law.
243-I. Constitution of Finance Commission to review financial
position.—(1) The Governor of a State shall, as soon as may be within
one year from the commencement of the Constitution (Seventy-third
Amendment) Act, 1992, and thereafter at the expiration of every fifth
year, constitute a Finance Commission to review the financial position
of the Panchayats and to make recommendations to the Governor as
to—
(a) the principles which should govern—
(i) the distribution between the State and the Panchayats of the net
proceeds of the taxes, duties, tolls and fees leviable by the State, which may be
divided between them under this Part and the allocation between the
Panchayats at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be
assigned to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the
State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the
interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the
composition of the Commission, the qualifications which shall be
requisite for appointment as members thereof and the manner in which
they shall be selected.
(3) The Commission shall determine their procedure and shall have
such powers in the performance of their functions as the Legislature of
the State may, by law, confer on them.
(4) The Governor shall cause every recommendation made by the
Commission under this article together with an explanatory

memorandum as to the action taken thereon to be laid before the
Legislature of the State.
243J. Audit of accounts of Panchayats.—The Legislature of a State
may, by law, make provisions with respect to the maintenance of
accounts by the Panchayats and the auditing of such accounts.
243K. Elections to the Panchayats.—(1) The superintendence,
direction and control of the preparation of electoral rolls for, and the
conduct of, all elections to the Panchayats shall be vested in a State
Election Commission consisting of a State Election Commissioner to be
appointed by the Governor.
(2) Subject to the provisions of any law made by the Legislature of a
State, the conditions of service and tenure of office of the State
Election Commissioner shall be such as the Governor may by rule
determine:
Provided that the State Election Commissioner shall not be removed
from his office except in like manner and on the like grounds as a
Judge of a High Court and the conditions of service of the State
Election Commissioner shall not be varied to his disadvantage after his
appointment.
(3) The Governor of a State shall, when so requested by the State
Election Commission, make available to the State Election Commission
such staff as may be necessary for the discharge of the functions
conferred on the State Election Commission by clause (1).
(4) Subject to the provisions of this Constitution, the Legislature of
a State may, by law, make provision with respect to all matters relating
to, or in connection with, elections to the Panchayats.
243L. Application to Union territories.—The provisions of this
Part shall apply to the Union territories and shall, in their application
to a Union territory, have effect as if the references to the Governor of
a State were references to the Administrator of the Union territory
appointed under article 239 and references to the Legislature or the
legislative Assembly of a State were references, in relation to a Union
territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that
the provisions of this Part shall apply to any Union territory or part
thereof subject to such exceptions and modifications as he may specify
in the notification.
243M. Part not to apply to certain areas.—(1) Nothing in this Part
shall apply to the Scheduled Areas referred to in clause (1), and the
tribal areas referred to in clause (2), of article 244.
(2) Nothing in this Part shall apply to—
(a) the States of Nagaland, Meghalaya and Mizoram;
(b) the hill areas in the State of Manipur for which District Councils exist under
any law for the time being in force.
(3) Nothing in this Part—
(a) relating to Panchayats at the district level shall apply to the hill areas of the
District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill
Council exists under any law for the time being in force;
(b) shall be construed to affect the functions and powers of the Darjeeling
Gorkha Hill Council constituted under such law.

(3A) Nothing in article 243D, relating to reservation of seats for the
Scheduled Castes, shall apply to the State of Arunachal Pradesh.
(4) Notwithstanding anything in this Constitution, —
(a) the Legislature of a State referred to in sub-clause (a) of clause (2) may, by
law, extend this part to that State, except the areas, if any, referred to in clause (1), if
the Legislative Assembly of that State passes a resolution to that effect by a majority
of the total membership of that House and by a majority of not less than two-thirds of
the members of that House present and voting;
(b) Parliament may, by law, extend the provisions of this Part to the Scheduled
Areas and the tribal areas referred to in clause (1) subject to such exceptions and
modifications as may be specified in such law, and no such law shall be deemed to be
an amendment of this Constitution for the purposes of article 368.
243N. Continuance of existing laws and Panchayats.—
Notwithstanding anything in this Part, any provision of any law
relating to Panchayats in force in a State immediately before the
commencement of the Constitution (Seventy-third Amendment) Act,
1992, which is inconsistent with the provisions of this Part, shall
continue to be in force until amended or repealed by a competent
Legislature or other competent authority or until the expiration of one
year from such commencement, whichever is earlier:
Provided that all the Panchayats existing immediately before such
commencement shall continue till the expiration of their duration,
unless sooner dissolved by a resolution passed to that effect by the
Legislative Assembly of that State or, in the case of a State having a
Legislative Council, by each House of the Legislature of that State.
243-O. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution,—
(a) the validity of any law relating to the delimitation of constituencies or the
allotment of seats to such constituencies, made or purporting to be made under article
243K, shall not be called in question in any court;
(b) no election to any Panchayat shall be called in question except by an election
petition presented to such authority and in such manner as is provided for by or under
any law made by the Legislature of a State.

PART
IXA

PART IXA
THE MUNICIPALITIES
243P. Definitions.—In this Part, unless the context otherwise
requires,—
(a) “Committee” means a Committee constituted under article
243S;
(b) “district” means a district in a State;
(c) “Metropolitan area” means an area having a population of ten
lakhs or more, comprised in one or more districts and consisting of
two or more Municipalities or Panchayats or other contiguous areas,
specified by the Governor by public notification to be a
Metropolitan area for the purposes of this Part;
(d) “Municipal area” means the territorial area of a Municipality
as is notified by the Governor;
(e) “Municipality” means an institution of self-government
constituted under article 243Q;
(f) “Panchayat” means a Panchayat constituted under article
243B;
(g) “population” means the population as ascertained at the last
preceding census of which the relevant figures have been published.
243Q. Constitution of Municipalities.—(1) There shall be
constituted in every State,—
(a) a Nagar Panchayat (by whatever name called) for a
transitional area, that is to say, an area in transition from a rural
area to an urban area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area,
in accordance with the provisions of this Part:
Provided that a Municipality under this clause may not be
constituted in such urban area or part thereof as the Governor may,
having regard to the size of the area and the municipal services being
provided or proposed to be provided by an industrial establishment in
that area and such other factors as he may deem fit, by public
notification, specify to be an industrial township.
(2) In this article, “a transitional area”, “a smaller urban area” or “a
larger urban area” means such area as the Governor may, having regard

to the population of the area, the density of the population therein, the
revenue generated for local administration, the percentage of
employment in non-agricultural activities, the economic importance or
such other factors as he may deem fit, specify by public notification
for the purposes of this Part.
243R. Composition of Municipalities.—(1) Save as provided in
clause (2), all the seats in a Municipality shall be filled by persons
chosen by direct election from the territorial constituencies in the
Municipal area and for this purpose each Municipal area shall be
divided into territorial constituencies to be known as wards.
(2) The Legislature of a State may, by law, provide—
(a) for the representation in a Municipality of—
(i) persons having special knowledge or experience in
Municipal administration;
(ii) the members of the House of the People and the
members of the Legislative Assembly of the State representing
constituencies which comprise wholly or partly the Municipal
area;
(iii) the members of the Council of States and the members
of the Legislative Council of the State registered as electors
within the Municipal area;
(iv) the Chairpersons of the Committees constituted under
clause (5) of article 243S:
Provided that the persons referred to in paragraph (i) shall not have
the right to vote in the meetings of the Municipality;
(b) the manner of election of the Chairperson of a Municipality.
243S. Constitution and composition of Wards Committees, etc.—
(1) There shall be constituted Wards Committees, consisting of one or
more wards, within the territorial area of a Municipality having a
population of three lakhs or more.
(2) The Legislature of a State may, by law, make provision with
respect to—
(a) the composition and the territorial area of a Wards
Committee;
(b) the manner in which the seats in a Wards Committee shall be
filled.
(3) A member of a Municipality representing a ward within the
territorial area of the Wards Committee shall be a member of that
Committee.
(4) Where a Wards Committee consists of—
(a) one ward, the member representing that ward in the
Municipality; or
(b) two or more wards, one of the members representing such
wards in the Municipality elected by the members of the Wards
Committee,
shall be the Chairperson of that Committee.
(5) Nothing in this article shall be deemed to prevent the Legislature
of a State from making any provision for the constitution of
Committees in addition to the Wards Committees.
243T. Reservation of seats.—(1) Seats shall be reserved for the
Scheduled Castes and the Scheduled Tribes in every Municipality and
96

the number of seats so reserved shall bear, as nearly as may be, the
same proportion to the total number of seats to be filled by direct
election in that Municipality as the population of the Scheduled Castes
in the Municipal area or of the Scheduled Tribes in the Municipal area
bears to the total population of that area and such seats may be allotted
by rotation to different constituencies in a Municipality.
(2) Not less than one-third of the total number of seats reserved
under clause (1) shall be reserved for women belonging to the
Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved
for women belonging to the Scheduled Castes and the Scheduled
Tribes) of the total number of seats to be filled by direct election in
every Municipality shall be reserved for women and such seats may be
allotted by rotation to different constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall be
reserved for the Scheduled Castes, the Scheduled Tribes and women in
such manner as the Legislature of a State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairpersons (other than the reservation for
women) under clause (4) shall cease to have effect on the expiration of
the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from
making any provision for reservation of seats in any Municipality or
offices of Chairpersons in the Municipalities in favour of backward
class of citizens.
243U. Duration of Municipalities, etc.—(1) Every Municipality,
unless sooner dissolved under any law for the time being in force, shall
continue for five years from the date appointed for its first meeting and
no longer:
Provided that a Municipality shall be given a reasonable opportunity
of being heard before its dissolution.
(2) No amendment of any law for the time being in force shall have
the effect of causing dissolution of a Municipality at any level, which
is functioning immediately before such amendment, till the expiration
of its duration specified in clause (1).
(3) An election to constitute a Municipality shall be completed,—
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date
of its dissolution:
Provided that where the remainder of the period for which the
dissolved Municipality would have continued is less than six months, it
shall not be necessary to hold any election under this clause for
constituting the Municipality for such period.
(4) A Municipality constituted upon the dissolution of a
Municipality before the expiration of its duration shall continue only
for the remainder of the period for which the dissolved Municipality
would have continued under clause (1) had it not been so dissolved.
243V. Disqualifications for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of a
Municipality—

(a) if he is so disqualified by or under any law for the time
being in force for the purposes of elections to the Legislature of the
State concerned:
Provided that no person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained the age of twenty-
one years;
(b) if he is so disqualified by or under any law made by the
Legislature of the State.
(2) If any question arises as to whether a member of a Municipality
has become subject to any of the disqualifications mentioned in clause
(1), the question shall be referred for the decision of such authority
and in such manner as the Legislature of a State may, by law, provide.
243W. Powers, authority and responsibilities of Municipalities,
etc.—Subject to the provisions of this Constitution, the Legislature of
a State may, by law, endow—
(a) the Municipalities with such powers and authority as may be
necessary to enable them to function as institutions of self-
government and such law may contain provisions for the devolution
of powers and responsibilities upon Municipalities, subject to such
conditions as may be specified therein, with respect to—
(i) the preparation of plans for economic development and
social justice;
(ii) the performance of functions and the implementation of
schemes as may be entrusted to them including those in
relation to the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be
necessary to enable them to carry out the responsibilities conferred
upon them including those in relation to the matters listed in the
Twelfth Schedule.
243X. Power to impose taxes by, and Funds of, the
Municipalities.—The Legislature of a State may, by law,—
(a) authorise a Municipality to levy, collect and appropriate
such taxes, duties, tolls and fees in accordance with such procedure
and subject to such limits;
(b) assign to a Municipality such taxes, duties, tolls and fees
levied and collected by the State Government for such purposes and
subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Municipalities
from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all
moneys received, respectively, by or on behalf of the Municipalities
and also for the withdrawal of such moneys therefrom,
as may be specified in the law.
243Y. Finance Commission.—(1) The Finance Commission
constituted under article 243-I shall also review the financial position
of the Municipalities and make recommendations to the Governor as
to—
(a) the principles which should govern—
(i) the distribution between the State and the Municipalities
of the net proceeds of the taxes, duties, tolls and fees leviable
by the State, which may be divided between them under this

Part and the allocation between the Municipalities at all levels
of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees
which may be assigned to, or appropriated by, the
Municipalities;
(iii) the grants-in-aid to the Municipalities from the
Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the
Municipalities;
(c) any other matter referred to the Finance Commission by the
Governor in the interests of sound finance of the Municipalities.
(2) The Governor shall cause every recommendation made by the
Commission under this article together with an explanatory
memorandum as to the action taken thereon to be laid before the
Legislature of the State.
243Z. Audit of accounts of Municipalities.—The Legislature of a
State may, by law, make provisions with respect to the maintenance of
accounts by the Municipalities and the auditing of such accounts.
243ZA. Elections to the Municipalities.—(1) The superintendence,
direction and control of the preparation of electoral rolls for, and the
conduct of, all elections to the Municipalities shall be vested in the
State Election Commission referred to in article 243K.
(2) Subject to the provisions of this Constitution, the Legislature of
a State may, by law, make provision with respect to all matters relating
to, or in connection with, elections to the Municipalities.
243ZB. Application to Union territories.—The provisions of this
Part shall apply to the Union territories and shall, in their application
to a Union territory, have effect as if the references to the Governor of
a State were references to the Administrator of the Union territory
appointed under article 239 and references to the Legislature or the
Legislative Assembly of a State were references in relation to a Union
territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct
that the provisions of this Part shall apply to any Union territory or
part thereof subject to such exceptions and modifications as he may
specify in the notification.
243ZC. Part not to apply to certain areas.—(1) Nothing in this
Part shall apply to the Scheduled Areas referred to in clause (1), and
the tribal areas referred to in clause (2), of article 244.
(2) Nothing in this Part shall be construed to affect the functions and
powers of the Darjeeling Gorkha Hill Council constituted under any
law for the time being in force for the hill areas of the district of
Darjeeling in the State of West Bengal.
(3) Notwithstanding anything in this Constitution, Parliament may,
by law, extend the provisions of this Part to the Scheduled Areas and
the tribal areas referred to in clause (1) subject to such exceptions and
modifications as may be specified in such law, and no such law shall
be deemed to be an amendment of this Constitution for the purposes of
article 368.
243ZD. Committee for district planning.—(1) There shall be
constituted in every State at the district level a District Planning
Committee to consolidate the plans prepared by the Panchayats and the

Municipalities in the district and to prepare a draft development plan
for the district as a whole.
(2) The Legislature of a State may, by law, make provision with
respect to—
(a) the composition of the District Planning Committees;
(b) the manner in which the seats in such Committees shall be
filled:
Provided that not less than four-fifths of the total number of
members of such Committee shall be elected by, and from amongst,
the elected members of the Panchayat at the district level and of the
Municipalities in the district in proportion to the ratio between the
population of the rural areas and of the urban areas in the district;
(c) the functions relating to district planning which may be
assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees
shall be chosen.
(3) Every District Planning Committee shall, in preparing the draft
development plan,—
(a) have regard to—
(i) matters of common interest between the Panchayats and
the Municipalities including spatial planning, sharing of water
and other physical and natural resources, the integrated
development of infrastructure and environmental conservation;
(ii) the extent and type of available resources whether
financial or otherwise;
(b) consult such institutions and organisations as the Governor
may, by order, specify.
(4) The Chairperson of every District Planning Committee shall
forward the development plan, as recommended by such Committee, to
the Government of the State.
243ZE. Committee for Metropolitan planning.—(1) There shall be
constituted in every Metropolitan area a Metropolitan Planning
Committee to prepare a draft development plan for the Metropolitan
area as a whole.
(2) The Legislature of a State may, by law, make provision with
respect to—
(a) the composition of the Metropolitan Planning Committees;
(b) the manner in which the seats in such Committees shall be
filled:
Provided that not less than two-thirds of the members of such
Committee shall be elected by, and from amongst, the elected members
of the Municipalities and Chairpersons of the Panchayats in the
Metropolitan area in proportion to the ratio between the population of
the Municipalities and of the Panchayats in that area;
(c) the representation in such Committees of the Government of
India and the Government of the State and of such organisations and
Institutions as may be deemed necessary for carrying out the
functions assigned to such Committees;
(d) the functions relating to planning and coordination for the
Metropolitan area which may be assigned to such Committees;

(e) the manner in which the Chairpersons of such Committees
shall be chosen.
(3) Every Metropolitan Planning Committee shall, in preparing the
draft development plan,—
(a) have regard to—
(i) the plans prepared by the Municipalities and the
Panchayats in the Metropolitan area;
(ii) matters of common interest between the Municipalities
and the Panchayats, including co-ordinated spatial planning of
the area, sharing of water and other physical and natural
resources, the integrated development of infrastructure and
environmental conservation;
(iii) the overall objectives and priorities set by the
Government of India and the Government of the State;
(iv) the extent and nature of investments likely to be made
in the Metropolitan area by agencies of the Government of
India and of the Government of the State and other available
resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor
may, by order, specify.
(4) The Chairperson of every Metropolitan Planning Committee
shall forward the development plan, as recommended by such
Committee, to the Government of the State.
243ZF. Continuance of existing laws and Municipalities.—
Notwithstanding anything in this Part, any provision of any law
relating to Municipalities in force in a State immediately before the
commencement of the Constitution (Seventy-fourth Amendment) Act,
1992, which is inconsistent with the provisions of this Part, shall
continue to be in force until amended or repealed by a competent
Legislature or other competent authority or until the expiration of one
year from such commencement, whichever is earlier:
Provided that all the Municipalities existing immediately before
such commencement shall continue till the expiration of their
duration, unless sooner dissolved by a resolution passed to that effect
by the Legislative Assembly of that State or, in the case of a State
having a Legislative Council, by each House of the Legislature of that
State.
243ZG. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution,—
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made
or purporting to be made under article 243ZA shall not be called in
question in any court;
(b) no election to any Municipality shall be called in question
except by an election petition presented to such authority and in
such manner as is provided for by or under any law made by the
Legislature of a State.

PART X
THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and tribal areas.—(1)
The provisions of the Fifth Schedule shall apply to the administration
and control of the Scheduled Areas and Scheduled Tribes in any State
other than the States of Assam, Meghalaya, Tripura and Mizoram.
(2) The provisions of the Sixth Schedule shall apply to the
administration of the tribal areas in the States of Assam, Meghalaya,
Tripura and Mizoram.
244A. Formation of an autonomous State comprising certain
tribal areas in Assam and creation of local Legislature or Council
of Ministers or both therefor.—(1) Notwithstanding anything in this
Constitution, Parliament may, by law, form within the State of Assam
an autonomous State comprising (whether wholly or in part) all or any
of the tribal areas specified in Part I of the table appended to paragraph
20 of the Sixth Schedule and create therefor—
(a) a body, whether elected or partly nominated and partly
elected, to function as a Legislature for the autonomous State, or
(b) a Council of Ministers,
or both with such constitution, powers and functions, in each case, as
may be specified in the law.
(2) Any such law as is referred to in clause (1) may, in particular,—
(a) specify the matters enumerated in the State List or the
Concurrent List with respect to which the Legislature of the
autonomous State shall have power to make laws for the whole or
any part thereof, whether to the exclusion of the Legislature of the
State of Assam or otherwise;
(b) define the matters with respect to which the executive
power of the autonomous State shall extend;
(c) provide that any tax levied by the State of Assam shall be
assigned to the autonomous State in so far as the proceeds thereof
are attributable to the autonomous State;
(d) provide that any reference to a State in any article of this
Constitution shall be construed as including a reference to the
autonomous State; and
(e) make such supplemental, incidental and consequential
provisions as may be deemed necessary.
(3) An amendment of any such law as aforesaid in so far as such
amendment relates to any of the matters specified in sub-clause (a) or
sub-clause (b) of clause (2) shall have no effect unless the amendment
is passed in each House of Parliament by not less than two-thirds of the
members present and voting.
104

(4) Any such law as is referred to in this article shall not be deemed
to be an amendment of this Constitution for the purposes of article 368
notwithstanding that it contains any provision which amends or has the
effect of amending this Constitution.

PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
C
HAPTER I.—L EGISLATIVE RELATIONS
Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures
of States.—(1) Subject to the provisions of this Constitution,
Parliament may make laws for the whole or any part of the territory of

India, and the Legislature of a State may make laws for the whole or
any part of the State.
(2) No law made by Parliament shall be deemed to be invalid on the
ground that it would have extra-territorial operation.
246. Subject-matter of laws made by Parliament and by the
Legislatures of States.— (1) Notwithstanding anything in clauses (2)
and (3), Parliament has exclusive power to make laws with respect to
any of the matters enumerated in List I in the Seventh Schedule (in this
Constitution referred to as the “Union List”).
(2) Notwithstanding anything in clause (3), Parliament, and, subject
to clause (1), the Legislature of any State also, have power to make
laws with respect to any of the matters enumerated in List III in the
Seventh Schedule (in this Constitution referred to as the “Concurrent
List”).
(3) Subject to clauses (1) and (2), the Legislature of any State has
exclusive power to make laws for such State or any part thereof with
respect to any of the matters enumerated in List II in the Seventh
Schedule (in this Constitution referred to as the “State List”’).
(4) Parliament has power to make laws with respect to any matter
for any part of the territory of India not included in a State
notwithstanding that such matter is a matter enumerated in the State
List.
247. Power of Parliament to provide for the establishment of
certain additional courts.—Notwithstanding anything in this Chapter,
Parliament may by law provide for the establishment of any additional
courts for the better administration of laws made by Parliament or of
any existing laws with respect to a matter enumerated in the Union
List.
248. Residuary powers of legislation.—(1) Parliament has
exclusive power to make any law with respect to any matter not
enumerated in the Concurrent List or State List.
(2) Such power shall include the power of making any law imposing
a tax not mentioned in either of those Lists.
249. Power of Parliament to legislate with respect to a matter in
the State List in the national interest.—(1) Notwithstanding anything
in the foregoing provisions of this Chapter, if the Council of States has
declared by resolution supported by not less than two-thirds of the
members present and voting that it is necessary or expedient in the
national interest that Parliament should make laws with respect to any
matter enumerated in the State List specified in the resolution, it shall
be lawful for Parliament to make laws for the whole or any part of the
territory of India with respect to that matter while the resolution
remains in force.
(2) A resolution passed under clause (1) shall remain in force for
such period not exceeding one year as may be specified therein:
Provided that, if and so often as a resolution approving the
continuance in force of any such resolution is passed in the manner
provided in clause (1), such resolution shall continue in force for a
further period of one year from the date on which under this clause it
would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for
the passing of a resolution under clause (1) have been competent to
make shall, to the extent of the incompetency, cease to have effect on
106

the expiration of a period of six months after the resolution has ceased
to be in force, except as respects things done or omitted to be done
before the expiration of the said period.
250. Power of Parliament to legislate with respect to any matter
in the State List if a Proclamation of Emergency is in operation.—
(1) Notwithstanding anything in this Chapter, Parliament shall, while a
Proclamation of Emergency is in operation, have power to make laws
for the whole or any part of the territory of India with respect to any of
the matters enumerated in the State List.
(2) A law made by Parliament which Parliament would not but for
the issue of a Proclamation of Emergency have been competent to make
shall, to the extent of the incompetency, cease to have effect on the
expiration of a period of six months after the Proclamation has ceased
to operate, except as respects things done or omitted to be done before
the expiration of the said period.
251. Inconsistency between laws made by Parliament under
articles 249 and 250 and laws made by the Legislatures of States.—
Nothing in articles 249 and 250 shall restrict the power of the
Legislature of a State to make any law which under this Constitution it
has power to make, but if any provision of a law made by the
Legislature of a State is repugnant to any provision of a law made by
Parliament which Parliament has under either of the said articles power
to make, the law made by Parliament, whether passed before or after
the law made by the Legislature of the State, shall prevail, and the law
made by the Legislature of the State shall to the extent of the
repugnancy, but so long only as the law made by Parliament continues
to have effect, be inoperative.
252. Power of Parliament to legislate for two or more States by
consent and adoption of such legislation by any other State.—(1) If
it appears to the Legislatures of two or more States to be desirable that
any of the matters with respect to which Parliament has no power to
make laws for the States except as provided in articles 249 and 250
should be regulated in such States by Parliament by law, and if
resolutions to that effect are passed by all the Houses of the
Legislatures of those States, it shall be lawful for Parliament to pass an
act for regulating that matter accordingly, and any Act so passed shall
apply to such States and to any other State by which it is adopted
afterwards by resolution passed in that behalf by the House or, where
there are two Houses, by each of the Houses of the Legislature of that
State.
(2) Any Act so passed by Parliament may be amended or repealed by
an Act of Parliament passed or adopted in like manner but shall not, as
respects any State to which it applies, be amended or repealed by an
Act of the Legislature of that State.
253. Legislation for giving effect to international agreements.—
Notwithstanding anything in the foregoing provisions of this Chapter,
Parliament has power to make any law for the whole or any part of the
territory of India for implementing any treaty, agreement or convention
with any other country or countries or any decision made at any
international conference, association or other body.
254. Inconsistency between laws made by Parliament and laws
made by the Legislatures of States.—(1) If any provision of a law
made by the Legislature of a State is repugnant to any provision of a
law made by Parliament which Parliament is competent to enact, or to

any provision of an existing law with respect to one of the matters
enumerated in the Concurrent List, then, subject to the provisions of
clause (2), the law made by Parliament, whether passed before or after
the law made by the Legislature of such State, or, as the case may be,
the existing law, shall prevail and the law made by the Legislature of
the State shall, to the extent of the repugnancy, be void.
(2) Where a law made by the Legislature of a State with respect to
one of the matters enumerated in the Concurrent List contains any
provision repugnant to the provisions of an earlier law made by
Parliament or an existing law with respect to that matter, then, the law
so made by the Legislature of such State shall, if it has been reserved
for the consideration of the President and has received his assent,
prevail in that State:
Provided that nothing in this clause shall prevent Parliament from
enacting at any time any law with respect to the same matter including
a law adding to, amending, varying or repealing the law so made by the
Legislature of the State.
255. Requirements as to recommendations and previous sanctions
to be regarded as matters of procedure only.—No Act of Parliament
or of the Legislature of a State, and no provision in any such Act, shall
be invalid by reason only that some recommendation or previous
sanction required by this Constitution was not given, if assent to that
Act was given—
(a) where the recommendation required was that of the
Governor, either by the Governor or by the President;
(b) where the recommendation required was that of the
Rajpramukh, either by the Rajpramukh or by the President;
(c) where the recommendation or previous sanction required was
that of the President, by the President.
C
HAPTER II.—A DMINISTRATIVE RELATIONS
General
256. Obligation of States and the Union.—The executive power of
every State shall be so exercised as to ensure compliance with the laws
made by Parliament and any existing laws which apply in that State,
and the executive power of the Union shall extend to the giving of such
directions to a State as may appear to the Government of India to be
necessary for that purpose.
257. Control of the Union over States in certain cases.—(1) The
executive power of every State shall be so exercised as not to impede
or prejudice the exercise of the executive power of the Union, and the
executive power of the Union shall extend to the giving of such
directions to a State as may appear to the Government of India to be
necessary for that purpose.
(2) The executive power of the Union shall also extend to the giving
of directions to a State as to the construction and maintenance of
means of communication declared in the direction to be of national or
military importance:
Provided that nothing in this clause shall be taken as restricting the
power of Parliament to declare highways or waterways to be national
highways or national waterways or the power of the Union with respect
to the highways or waterways so declared or the power of the Union to

construct and maintain means of communication as part of its functions
with respect to naval, military and air force works.
(3) The executive power of the Union shall also extend to the giving
of directions to a State as to the measures to be taken for the protection
of the railways within the State.
(4) Where in carrying out any direction given to a State under clause
(2) as to the construction or maintenance of any means of
communication or under clause (3) as to the measures to be taken for
the protection of any railway, costs have been incurred in excess of
those which would have been incurred in the discharge of the normal
duties of the State if such direction had not been given, there shall be
paid by the Government of India to the State such sum as may be
agreed, or, in default of agreement, as may be determined by an
arbitrator appointed by the Chief Justice of India, in respect of the
extra costs so incurred by the State.
257A. [Assistance to States by deployment of armed forces or other
forces of the Union.] Rep. by the Constitution (Forty-fourth
Amendment) Act, 1978, s. 33 (w.e.f. 20-6-1979).
258. Power of the Union to confer powers, etc., on States in
certain cases.—(1) Notwithstanding anything in this Constitution, the
President may, with the consent of the Government of a State, entrust
either conditionally or unconditionally to that Government or to its
officers functions in relation to any matter to which the executive
power of the Union extends.
(2) A law made by Parliament which applies in any State may,
notwithstanding that it relates to a matter with respect to which the
Legislature of the State has no power to make laws, confer powers and
impose duties, or authorise the conferring of powers and the imposition
of duties, upon the State or officers and authorities thereof.
(3) Where by virtue of this article powers and duties have been
conferred or imposed upon a State or officers or authorities thereof,
there shall be paid by the Government of India to the State such sum as
may be agreed, or, in default of agreement, as may be determined by an
arbitrator appointed by the Chief Justice of India, in respect of any
extra costs of administration incurred by the State in connection with
the exercise of those powers and duties.
258A. Power of the States to entrust functions to the Union.—
Notwithstanding anything in this Constitution, the Governor of a State
may, with the consent of the Government of India, entrust either
conditionally or unconditionally to that Government or to its officers
functions in relation to any matter to which the executive power of the
State extends.
259. [Armed Forces in States in Part B of the First Schedule.] Rep.
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
260. Jurisdiction of the Union in relation to territories outside
India.—The Government of India may by agreement with the
Government of any territory not being part of the territory of India
undertake any executive, legislative or judicial functions vested in the
Government of such territory, but every such agreement shall be
subject to, and governed by, any law relating to the exercise of foreign
jurisdiction for the time being in force.

261. Public acts, records and judicial proceedings.—(1) Full faith
and credit shall be given throughout the territory of India to public
acts, records and judicial proceedings of the Union and of every State.
(2) The manner in which and the conditions under which the acts,
records and proceedings referred to in clause (1) shall be proved and
the effect thereof determined shall be as provided by law made by
Parliament.
(3) Final judgments or orders delivered or passed by civil courts in
any part of the territory of India shall be capable of execution
anywhere within that territory according to law.

Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State
rivers or river valleys.—(1) Parliament may by law provide for the
adjudication of any dispute or complaint with respect to the use,
distribution or control of the waters of, or in, any inter-State river or
river valley.
(2) Notwithstanding anything in this Constitution, Parliament may be
law provide that neither the Supreme Court nor any other court shall
exercise jurisdiction in respect of any such dispute or complaint as is
referred to in clause (1).
Co-ordination between States
263. Provisions with respect to an inter-State Council.—If at any
time it appears to the President that the public interests would be
served by the establishment of a Council charged with the duty of—
(a) inquiring into and advising upon disputes which may have
arisen between States;
(b) investigating and discussing subjects in which some or all of
the States, or the Union and one or more of the States, have a
common interest; or
(c) making recommendations upon any such subject and, in
particular, recommendations for the better co-ordination of policy
and action with respect to that subject,
it shall be lawful for the President by order to establish such a Council,
and to define the nature of the duties to be performed by it and its
organisation and procedure.

PART
XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
C
HAPTER I.—F INANCE
General
264. Interpretation.—In this Part, “Finance Commission” means a
Finance Commission constituted under article 280.
265. Taxes not to be imposed save by authority of law.—No tax
shall be levied or collected except by authority of law.
266. Consolidated Funds and public accounts of India and of the
States.—(1) Subject to the provisions of article 267 and to the
provisions of this Chapter with respect to the assignment of the whole
or part of the net proceeds of certain taxes and duties to States, all
revenues received by the Government of India, all loans raised by that
Government by the issue of treasury bills, loans or ways and means
advances and all moneys received by that Government in repayment of
loans shall form one consolidated fund to be entitled “the
Consolidated Fund of India”, and all revenues received by the
Government of a State, all loans raised by that Government by the
issue of treasury bills, loans or ways and means advances and all
moneys received by that Government in repayment of loans shall form
one consolidated fund to be entitled “the Consolidated Fund of the
State”.
(2) All other public moneys received by or on behalf of the
Government of India or the Government of a State shall be credited to
the public account of India or the public account of the State, as the
case may be.
(3) No moneys out of the Consolidated Fund of India or the
Consolidated Fund of a State shall be appropriated except in
accordance with law and for the purposes and in the manner provided
in this Constitution.
267. Contingency Fund.—(1) Parliament may by law establish a
Contingency Fund in the nature of an imprest to be entitled “the
Contingency Fund of India” into which shall be paid from time to time
such sums as may be determined by such law, and the said Fund shall
be placed at the disposal of the President to enable advances to be
made by him out of such Fund for the purposes of meeting unforeseen
expenditure pending authorisation of such expenditure by Parliament
by law under article 115 or article 116.
(2) The Legislature of a State may by law establish a Contingency
Fund in the nature of an imprest to be entitled “the Contingency Fund
of the State” into which shall be paid from time to time such sums as
may be determined by such law, and the said Fund shall be placed at
the disposal of the Governor of the State to enable advances to be made
by him out of such Fund for the purposes of meeting unforeseen
expenditure pending authorisation of such expenditure by the
Legislature of the State by law under article 205 or article 206.
Distribution of Revenues between the Union and the States

112

268. Duties levied by the Union but collected and appropriated by
the States.—(1) Such stamp duties and such duties of excise on
medicinal and toilet preparations as are mentioned in the Union List
shall be levied by the Government of India but shall be collected—
(a) in the case where such duties are leviable within any Union
territory, by the Government of India, and
(b) in other cases, by the States within which such duties are
respectively leviable.
(2) The proceeds in any financial year of any such duty leviable
within any State shall not form part of the Consolidated Fund of India,
but shall be assigned to that State.
269. Taxes levied and collected by the Union but assigned to the
States.—(1) Taxes on the sale or purchase of goods and taxes on the
consignment of goods shall be levied and collected by the Government
of India but shall be assigned and shall be deemed to have been
assigned to the States on or after the 1st day of April, 1996 in the
manner provided in clause (2).
Explanation.—For the purposes of this clause,-
(a) the expression “taxes on the sale or purchase of goods” shall
mean taxes on sale or purchase of goods other than newspapers,
where such sale or purchase takes place in the course of inter-State
trade or commerce;
(b) the expression “taxes on the consignment of goods” shall
mean taxes on the consignment of goods (whether the consignment
is to the person making it or to any other person), where such
consignment takes place in the course of inter-State trade or
commerce.
(2) The net proceeds in any financial year of any such tax, except in
so far as those proceeds represent proceeds attributable to Union
territories, shall not form part of the Consolidated Fund of India, but
shall be assigned to the States within which that tax is leviable in that
year, and shall be distributed among those States in accordance with
such principles of distribution as may be formulated by Parliament by
law.
(3) Parliament may by law formulate principles for determining
when a sale or purchase of, or consignment of, goods takes place in the
course of inter-State trade or commerce.
270. Taxes levied and distributed between the Union and the
States.—(1) All taxes and duties referred to in the Union List, except
the duties and taxes referred to in articles 268 and 269, respectively,
surcharge on taxes and duties referred to in article 271 and any cess
levied for specific purposes under any law made by Parliament shall be
levied and collected by the Government of India and shall be
distributed between the Union and the States in the manner provided in
clause (2).
(2) Such percentage, as may be prescribed, of the net proceeds of
any such tax or duty in any financial year shall not form part of the
Consolidated Fund of India, but shall be assigned to the States within
which that tax or duty is leviable in that year, and shall be distributed
among those States in such manner and from such time as may be
prescribed in the manner provided in clause (3).
(3) In this article, “prescribed” means, —

(i) until a Finance Commission has been constituted, prescribed
by the President by order, and
(ii) after a Finance Commission has been constituted, prescribed
by the President by order after considering the recommendations of
the Finance Commission.
271. Surcharge on certain duties and taxes for purposes of the
Union.—Notwithstanding anything in articles 269 and 270, Parliament
may at any time increase any of the duties or taxes referred to in those
articles by a surcharge for purposes of the Union and the whole
proceeds of any such surcharge shall form part of the Consolidated
Fund of India.
272. [Taxes which are levied and collected by the Union and may be
distributed between the Union and the States.]—Rep. by the
Constitution (Eightieth Amendment) Act, 2000, s .4.
273. Grants in lieu of export duty on jute and jute products.—(1)
There shall be charged on the Consolidated Fund of India in each year
as grants-in-aid of the revenues of the States of Assam, Bihar, Orissa
and West Bengal, in lieu of assignment of any share of the net proceeds
in each year of export duty on jute and jute products to those States,
such sums as may be prescribed.
(2) The sums so prescribed shall continue to be charged on the
Consolidated Fund of India so long as any export duty on jute or jute
products continues to be levied by the Government of India or until the
expiration of ten years from the commencement of this Constitution
whichever is earlier.
(3) In this article, the expression “prescribed” has the same meaning
as in article 270.
274. Prior recommendation of President required to Bills
affecting taxation in which States are interested.—(1) No Bill or
amendment which imposes or varies any tax or duty in which States are
interested, or which varies the meaning of the expression “agricultural
income” as defined for the purposes of the enactments relating to
Indian income-tax, or which affects the principles on which under any
of the foregoing provisions of this Chapter moneys are or may be
distributable to States, or which imposes any such surcharge for the
purposes of the Union as is mentioned in the foregoing provisions of
this Chapter, shall be introduced or moved in either House of
Parliament except on the recommendation of the President.
(2) In this article, the expression “tax or duty in which States are
interested” means—
(a) a tax or duty the whole or part of the net proceeds whereof
are assigned to any State; or
(b) a tax or duty by reference to the net proceeds whereof sums
are for the time being payable out of the Consolidated Fund of India
to any State.
275. Grants from the Union to certain States.—(1) Such sums as
Parliament may by law provide shall be charged on the Consolidated
Fund of India in each year as grants-in-aid of the revenues of such
States as Parliament may determine to be in need of assistance, and
different sums may be fixed for different States:
Provided that there shall be paid out of the Consolidated Fund of
India as grants-in-aid of the revenues of a State such capital and
recurring sums as may be necessary to enable that State to meet the

costs of such schemes of development as may be undertaken by the
State with the approval of the Government of India for the purpose of
promoting the welfare of the Scheduled Tribes in that State or raising
the level of administration of the Scheduled Areas therein to that of the
administration of the rest of the areas of that State:
Provided further that there shall be paid out of the Consolidated
Fund of India as grants-in-aid of the revenues of the State of Assam
sums, capital and recurring, equivalent to—
(a) the average excess of expenditure over the revenues during
the two years immediately preceding the commencement of this
Constitution in respect of the administration of the tribal areas
specified in Part I of the table appended to paragraph 20 of the Sixth
Schedule; and
(b) the costs of such schemes of development as may be
undertaken by that State with the approval of the Government of
India for the purpose of raising the level of administration of the
said areas to that of the administration of the rest of the areas of
that State.

(1A) On and from the formation of the autonomous State under
article 244A,—
(i) any sums payable under clause (a) of the second proviso to
clause (1) shall, if the autonomous State comprises all the tribal
areas referred to therein, be paid to the autonomous State, and, if
the autonomous State comprises only some of those tribal areas, be
apportioned between the State of Assam and the autonomous State
as the President may, by order, specify;
(ii) there shall be paid out of the Consolidated Fund of India as
grants-in-aid of the revenues of the autonomous State sums, capital
and recurring, equivalent to the costs of such schemes of
development as may be undertaken by the autonomous State with the
approval of the Government of India for the purpose of raising the
level of administration of that State to that of the administration of
the rest of the State of Assam.
(2) Until provision is made by Parliament under clause (1), the
powers conferred on Parliament under that clause shall be exercisable
by the President by order and any order made by the President under
this clause shall have effect subject to any provision so made by
Parliament:
Provided that after a Finance Commission has been constituted no
order shall be made under this clause by the President except after
considering the recommendations of the Finance Commission.
276. Taxes on professions, trades, callings and employments.—
(1) Notwithstanding anything in article 246, no law of the Legislature
of a State relating to taxes for the benefit of the State or of a
municipality, district board, local board or other local authority therein
in respect of professions, trades, callings or employments shall be
invalid on the ground that it relates to a tax on income.
(2) The total amount payable in respect of any one person to the
State or to any one municipality, district board, local board or other
local authority in the State by way of taxes on professions, trades,
callings and employments shall not exceed two thousand and five
hundred rupees per annum.

(3) The power of the Legislature of a State to make laws as
aforesaid with respect to taxes on professions, trades, callings and
employments shall not be construed as limiting in any way the power
of Parliament to make laws with respect to taxes on income accruing
from or arising out of professions, trades, callings and employments.
277. Savings.—Any taxes, duties, cesses or fees which, immediately
before the commencement of this Constitution, were being lawfully
levied by the Government of any State or by any municipality or other
local authority or body for the purposes of the State, municipality,
district or other local area may, notwithstanding that those taxes,
duties, cesses or fees are mentioned in the Union List, continue to be
levied and to be applied to the same purposes until provision to the
contrary is made by Parliament by law.
278. [Agreement with States in Part B of the First Schedule with
regard to certain financial matters.] Rep. by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch.
279. Calculation of “net proceeds”, etc.—(1) In the foregoing
provisions of this Chapter, “net proceeds” means in relation to any tax
or duty the proceeds thereof reduced by the cost of collection, and for
the purposes of those provisions the net proceeds of any tax or duty, or
of any part of any tax or duty, in or attributable to any area shall be
ascertained and certified by the Comptroller and Auditor-General of
India, whose certificate shall be final.
(2) Subject as aforesaid, and to any other express provision of this
Chapter, a law made by Parliament or an order of the President may, in
any case where under this Part the proceeds of any duty or tax are, or
may be, assigned to any State, provide for the manner in which the
proceeds are to be calculated, for the time from or at which and the
manner in which any payments are to be made, for the making of
adjustments between one financial year and another, and for any other
incidental or ancillary matters.
280. Finance Commission.—(1) The President shall, within two
years from the commencement of this Constitution and thereafter at the
expiration of every fifth year or at such earlier time as the President
considers necessary, by order constitute a Finance Commission which
shall consist of a Chairman and four other members to be appointed by
the President.
(2) Parliament may by law determine the qualifications which shall
be requisite for appointment as members of the Commission and the
manner in which they shall be selected.
(3) It shall be the duty of the Commission to make recommendations
to the President as to—
(a) the distribution between the Union and the States of the net
proceeds of taxes which are to be, or may be, divided between them
under this Chapter and the allocation between the States of the
respective shares of such proceeds;
(b) the principles which should govern the grants-in-aid of the
revenues of the States out of the Consolidated Fund of India;
(bb) the measures needed to augment the Consolidated Fund of
a State to supplement the resources of the Panchayats in the State on
the basis of the recommendations made by the Finance Commission
of the State;

(c) the measures needed to augment the Consolidated Fund of a
State to supplement the resources of the Municipalities in the State
on the basis of the recommendations made by the Finance
Commission of the State;
(d) any other matter referred to the Commission by the
President in the interests of sound finance.
(4) The Commission shall determine their procedure and shall have
such powers in the performance of their functions as Parliament may by
law confer on them.
281. Recommendations of the Finance Commission.—The
President shall cause every recommendation made by the Finance
Commission under the provisions of this Constitution together with an
explanatory memorandum as to the action taken thereon to be laid
before each House of Parliament.
Miscellaneous Financial Provisions
282. Expenditure defrayable by the Union or a State out of its
revenues.—The Union or a State may make any grants for any public
purpose, notwithstanding that the purpose is not one with respect to
which Parliament or the Legislature of the State, as the case may be,
may make laws.
283. Custody, etc., of Consolidated Funds, Contingency Funds
and moneys credited to the public accounts.—(1) The custody of the
Consolidated Fund of India and the Contingency Fund of India, the
payment of moneys into such Funds, the withdrawal of moneys
therefrom, the custody of public moneys other than those credited to
such Funds received by or on behalf of the Government of India, their
payment into the public account of India and the withdrawal of moneys
from such account and all other matters connected with or ancillary to
matters aforesaid shall be regulated by law made by Parliament, and,
until provision in that behalf is so made, shall be regulated by rules
made by the President.
(2) The custody of the Consolidated Fund of a State and the
Contingency Fund of a State, the payment of moneys into such Funds,
the withdrawal of moneys therefrom, the custody of public moneys
other than those credited to such Funds received by or on behalf of the
Government of the State, their payment into the public account of the
State and the withdrawal of moneys from such account and all other
matters connected with or ancillary to matters aforesaid shall be
regulated by law made by the Legislature of the State, and, until
provision in that behalf is so made, shall be regulated by rules made by
the Governor of the State.
284. Custody of suitors’ deposits and other moneys received by
public servants and courts.—All moneys received by or deposited
with—
(a) any officer employed in connection with the affairs of the
Union or of a State in his capacity as such, other than revenues or
public moneys raised or received by the Government of India or the
Government of the State, as the case may be, or
(b) any court within the territory of India to the credit of any
cause, matter, account or persons,
shall be paid into the public account of India or the public account of
State, as the case may be.

285. Exemption of property of the Union from State taxation.—
(1) The property of the Union shall, save in so far as Parliament may
by law otherwise provide, be exempt from all taxes imposed by a State
or by any authority within a State.
(2) Nothing in clause (1) shall, until Parliament by law otherwise
provides, prevent any authority within a State from levying any tax on
any property of the Union to which such property was immediately
before the commencement of this Constitution liable or treated as
liable, so long as that tax continues to be levied in that State.
286. Restrictions as to imposition of tax on the sale or purchase
of goods.—(1) No law of a State shall impose, or authorise the
imposition of, a tax on the sale or purchase of goods where such sale or
purchase takes place—
(a) outside the State; or
(b) in the course of the import of the goods into, or export of
the goods out of, the territory of India.
(2) Parliament may by law formulate principles for determining
when a sale or purchase of goods takes place in any of the ways
mentioned in clause (1).
(3) Any law of a State shall, in so far as it imposes, or authorises the
imposition of,—
(a) a tax on the sale or purchase of goods declared by
Parliament by law to be of special importance in inter-State trade or
commerce; or
(b) a tax on the sale or purchase of goods, being a tax of the
nature referred to in sub-clause (b), sub-clause (c) or sub-clause (d)
of clause (29A) of article 366,
be subject to such restrictions and conditions in regard to the system of
levy, rates and other incidents of the tax as Parliament may by law
specify.
287. Exemption from taxes on electricity.—Save in so far as
Parliament may by law otherwise provide, no law of a State shall
impose, or authorise the imposition of, a tax on the consumption or
sale of electricity (whether produced by a Government or other
persons) which is—
(a) consumed by the Government of India, or sold to the
Government of India for consumption by that Government; or
(b) consumed in the construction, maintenance or operation of
any railway by the Government of India or a railway company
operating that railway, or sold to that Government or any such
railway company for consumption in the construction, maintenance
or operation of any railway,
and any such law imposing, or authorising the imposition of, a tax on
the sale of electricity shall secure that the price of electricity sold to
the Government of India for consumption by that Government, or to
any such railway company as aforesaid for consumption in the
construction, maintenance or operation of any railway, shall be less by
the amount of the tax than the price charged to other consumers of a
substantial quantity of electricity.
288. Exemption from taxation by States in respect of water or
electricity in certain cases.—(1) Save in so far as the President may
by order otherwise provide, no law of a State in force immediately

before the commencement of this Constitution shall impose, or
authorise the imposition of, a tax in respect of any water or electricity
stored, generated, consumed, distributed or sold by any authority
established by any existing law or any law made by Parliament for
regulating or developing any inter-State river or river-valley.
Explanation.—The expression “law of a State in force” in this
clause shall include a law of a State passed or made before the
commencement of this Constitution and not previously repealed,
notwithstanding that it or parts of it may not be then in operation
either at all or in particular areas.
(2) The Legislature of a State may by law impose, or authorise the
imposition of, any such tax as is mentioned in clause (1), but no such
law shall have any effect unless it has, after having been reserved for
the consideration of the President, received his assent; and if any such
law provides for the fixation of the rates and other incidents of such
tax by means of rules or orders to be made under the law by any
authority, the law shall provide for the previous consent of the
President being obtained to the making of any such rule or order.
289. Exemption of property and income of a State from Union
taxation.—(1) The property and income of a State shall be exempt
from Union taxation.
(2) Nothing in clause (1) shall prevent the Union from imposing, or
authorising the imposition of, any tax to such extent, if any, as
Parliament may by law provide in respect of a trade or business of any
kind carried on by, or on behalf of, the Government of a State, or any
operations connected therewith, or any property used or occupied for
the purposes of such trade or business, or any income accruing or
arising in connection therewith.
(3) Nothing in clause (2) shall apply to any trade or business, or to
any class of trade or business, which Parliament may by law declare to
be incidental to the ordinary functions of Government.
290. Adjustment in respect of certain expenses and pensions.—
Where under the provisions of this Constitution the expenses of any
court or Commission, or the pension payable to or in respect of a
person who has served before the commencement of this Constitution
under the Crown in India or after such commencement in connection
with the affairs of the Union or of a State, are charged on the
Consolidated Fund of India or the Consolidated Fund of a State, then,
if—
(a) in the case of a charge on the Consolidated Fund of India,
the court or Commission serves any of the separate needs of a State,
or the person has served wholly or in part in connection with the
affairs of a State; or
(b) in the case of a charge on the Consolidated Fund of a State,
the court or Commission serves any of the separate needs of the
Union or another State, or the person has served wholly or in part
in connection with the affairs of the Union or another State,
there shall be charged on and paid out of the Consolidated Fund of the
State or, as the case may be, the Consolidated Fund of India or the
Consolidated Fund of the other State, such contribution in respect of
the expenses or pension as may be agreed, or as may in default of
agreement be determined by an arbitrator to be appointed by the Chief
Justice of India.

290A. Annual payment to certain Devaswom Funds.—A sum of
forty-six lakhs and fifty thousand rupees shall be charged on, and paid
out of, the Consolidated Fund of the State of Kerala every year to the
Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty
thousand rupees shall be charged on, and paid out of, the Consolidated
Fund of the State of Tamil Nadu every year to the Devaswom Fund
established in that State for the maintenance of Hindu temples and
shrines in the territories transferred to that State on the 1st day of
November, 1956, from the State of Travancore-Cochin.
291. [Privy purse sums of Rulers.] Rep. by the Constitution (Twenty-
sixth Amendment) Act, 197l, s. 2.
C
HAPTER II.—B ORROWING
292. Borrowing by the Government of India.—The executive
power of the Union extends to borrowing upon the security of the
Consolidated Fund of India within such limits, if any, as may from
time to time be fixed by Parliament by law and to the giving of
guarantees within such limits, if any, as may be so fixed.
293. Borrowing by States.—(1) Subject to the provisions of this
article, the executive power of a State extends to borrowing within the
territory of India upon the security of the Consolidated Fund of the
State within such limits, if any, as may from time to time be fixed by
the Legislature of such State by law and to the giving of guarantees
within such limits, if any, as may be so fixed.
(2) The Government of India may, subject to such conditions as may
be laid down by or under any law made by Parliament, make loans to
any State or, so long as any limits fixed under article 292 are not
exceeded, give guarantees in respect of loans raised by any State, and
any sums required for the purpose of making such loans shall be
charged on the Consolidated Fund of India.
(3) A State may not without the consent of the Government of India
raise any loan if there is still outstanding any part of a loan which has
been made to the State by the Government of India or by its
predecessor Government, or in respect of which a guarantee has been
given by the Government of India or by its predecessor Government.
(4) A consent under clause (3) may be granted subject to such
conditions, if any, as the Government of India may think fit to impose.

C
HAPTER III.—P ROPERTY . CONTRACTS , RIGHTS , LIABILITIES , OBLIGATIONS AND SUITS
294. Succession to property, assets, rights, liabilities and
obligations in certain cases.—As from the commencement of this
Constitution—
(a) all property and assets which immediately before such
commencement were vested in His Majesty for the purposes of the
Government of the Dominion of India and all property and assets
which immediately before such commencement were vested in His
Majesty for the purposes of the Government of each Governor’s
Province shall vest respectively in the Union and the corresponding
State, and

(b) all rights, liabilities and obligations of the Government of
the Dominion of India and of the Government of each Governor’s
Province, whether arising out of any contract or otherwise, shall be
the rights, liabilities and obligations respectively of the Government
of India and the Government of each corresponding State,
subject to any adjustment made or to be made by reason of the creation
before the commencement of this Constitution of the Dominion of
Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab
and East Punjab,
295. Succession to property, assets, rights, liabilities and
obligations in other cases.—(1) As from the commencement of this
Constitution—
(a) all property and assets which immediately before such
commencement were vested in any Indian State corresponding to a
State specified in Part B of the First Schedule shall vest in the
Union, if the purposes for which such property and assets were held
immediately before such commencement will thereafter be purposes
of the Union relating to any of the matters enumerated in the Union
List, and
(b) all rights, liabilities and obligations of the Government of
any Indian State corresponding to a State specified in Part B of the
First Schedule, whether arising out of any contract or otherwise,
shall be the rights, liabilities and obligations of the Government of
India, if the purposes for which such rights were acquired or
liabilities or obligations were incurred before such commencement
will thereafter be purposes of the Government of India relating to
any of the matters enumerated in the Union List,
subject to any agreement entered into in that behalf by the Government
of India with the Government of that State.
(2) Subject as aforesaid, the Government of each State specified in
Part B of the First Schedule shall, as from the commencement of this
Constitution, be the successor of the Government of the corresponding
Indian State as regards all property and assets and all rights, liabilities
and obligations, whether arising out of any contract or otherwise, other
than those referred to in clause (1).
296. Property accruing by escheat or lapse or as bona vacantia.—
Subject as hereinafter provided, any property in the territory of India
which, if this Constitution had not come into operation, would have
accrued to His Majesty or, as the case may be, to the Ruler of an Indian
State by escheat or lapse, or as bona vacantia for want of a rightful
owner, shall, if it is property situate in a State, vest in such State, and
shall, in any other case, vest in the Union:
Provided that any property which at the date when it would have so
accrued to His Majesty or to the Ruler of an Indian State was in the
possession or under the control of the Government of India or the
Government of a State shall, according as the purposes for which it was
then used or held were purposes of the Union or of a State, vest in the
Union or in that State.
Explanation.—In this article, the expressions “Ruler” and “Indian
State” have the same meanings as in article 363.
297. Things of value within territorial waters or continental shelf
and resources of the exclusive economic zone to vest in the Union.—
(1) All lands, minerals and other things of value underlying the ocean

within the territorial waters, or the continental shelf, or the exclusive
economic zone, of India shall vest in the Union and be held for the
purposes of the Union.
(2) All other resources of the exclusive economic zone of India shall
also vest in the Union and be held for the purposes of the Union.
(3) The limits of the territorial waters, the continental shelf, the
exclusive economic zone, and other maritime zones, of India shall be
such as may be specified, from time to time, by or under any law made
by Parliament.
298. Power to carry on trade, etc.— The executive power of the
Union and of each State shall extend to the carrying on of any trade or
business and to the acquisition, holding and disposal of property and
the making of contracts for any purpose:
Provided that—
(a) the said executive power of the Union shall, in so far as such
trade or business or such purpose is not one with respect to which
Parliament may make laws, be subject in each State to legislation by
the State; and
(b) the said executive power of each State shall, in so far as
such trade or business or such purpose is not one with respect to
which the State Legislature may make laws, be subject to legislation
by Parliament.
299. Contracts.—(1) All contracts made in the exercise of the
executive power of the Union or of a State shall be expressed to be
made by the President, or by the Governor of the State, as the case may
be, and all such contracts and all assurances of property made in the
exercise of that power shall be executed on behalf of the President or
the Governor by such persons and in such manner as he may direct or
authorise.
(2) Neither the President nor the Governor shall be personally liable
in respect of any contract or assurance made or executed for the
purposes of this Constitution, or for the purposes of any enactment
relating to the Government of India heretofore in force, nor shall any
person making or executing any such contract or assurance on behalf of
any of them be personally liable in respect thereof.
300. Suits and proceedings.—(1) The Government of India may sue
or be sued by the name of the Union of India and the Government of a
State may sue or be sued by the name of the State and may, subject to
any provisions which may be made by Act of Parliament or of the
Legislature of such State enacted by virtue of powers conferred by this
Constitution, sue or be sued in relation to their respective affairs in the
like cases as the Dominion of India and the corresponding Provinces or
the corresponding Indian States might have sued or been sued if this
Constitution had not been enacted.
(2) If at the commencement of this Constitution—
(a) any legal proceedings are pending to which the Dominion of
India is a party, the Union of India shall be deemed to be substituted
for the Dominion in those proceedings; and
(b) any legal proceedings are pending to which a Province or an
Indian State is a party, the corresponding State shall be deemed to
be substituted for the Province or the Indian State in those
proceedings.

CHAPTER IV.—R IGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of law.— No person
shall be deprived of his property save by authority of law.

PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN THE
TERRITORY OF INDIA
301. Freedom of trade, commerce and intercourse.—Subject to the
other provisions of this Part, trade, commerce and intercourse
throughout the territory of India shall be free.
302. Power of Parliament to impose restrictions on trade,
commerce and intercourse.—Parliament may by law impose such
restrictions on the freedom of trade, commerce or intercourse between
one State and another or within any part of the territory of India as
may be required in the public interest.
303. Restrictions on the legislative powers of the Union and of the
States with regard to trade and commerce.—(1) Notwithstanding
anything in article 302, neither Parliament nor the Legislature of a
State shall have power to make any law giving, or authorising the
giving of, any preference to one State over another, or making, or
authorising the making of, any discrimination between one State
and another, by virtue of any entry relating to trade and commerce
in any of the Lists in the Seventh Schedule.
(2) Nothing in clause (1) shall prevent Parliament from making
any law giving, or authorising the giving of, any preference or
making, or authorising the making of, any discrimination if it is
declared by such law that it is necessary to do so for the purpose of
dealing with a situation arising from scarcity of goods in any part
of the territory of India.
304. Restrictions on trade, commerce and intercourse among
States.—Notwithstanding anything in article 301 or article 303, the
Legislature of a State may by law—
(a) impose on goods imported from other States or the Union
territories any tax to which similar goods manufactured or
produced in that State are subject, so, however, as not to
discriminate between goods so imported and goods so
manufactured or produced; and

(b) impose such reasonable restrictions on the freedom of
trade, commerce or intercourse with or within that State as may
be required in the public interest:
Provided that no Bill or amendment for the purposes of clause (b)
shall be introduced or moved in the Legislature of a State without
the previous sanction of the President.
305. Saving of existing laws and laws providing for State
monopolies.—Nothing in articles 301 and 303 shall affect the
provisions of any existing law except in so far as the President may
by order otherwise direct; and nothing in article 301 shall affect the
operation of any law made before the commencement of the
Constitution (Fourth Amendment) Act, 1955, in so far as it relates
to, or prevent Parliament or the Legislature of a State from making
any law relating to, any such matter as is referred to in sub-clause
(ii) of clause (6) of article 19.
306. [Power of certain States in Part B of the First Schedule to
impose restrictions on trade and commerce.] Rep. by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch.
307. Appointment of authority for carrying out the purposes of
articles 301 to 304.—Parliament may by law appoint such authority
as it considers appropriate for carrying out the purposes of articles
301, 302, 303 and 304, and confer on the authority so appointed
such powers and such duties as it thinks necessary.
125

PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I.— SERVICES
308. Interpretation.—In this Part, unless the context otherwise
requires, the expression “State” does not include the State of
Jammu and Kashmir.
309. Recruitment and conditions of service of persons serving the
Union or a State.—Subject to the provisions of this Constitution,
Acts of the appropriate Legislature may regulate the recruitment,
and conditions of service of persons appointed, to public services
and posts in connection with the affairs of the Union or of any
State:
Provided that it shall be competent for the President or such
person as he may direct in the case of services and posts in
connection with the affairs of the Union, and for the Governor of a
State or such person as he may direct in the case of services and
posts in connection with the affairs of the State, to make rules
regulating the recruitment, and the conditions of service of persons
appointed, to such services and posts until provision in that behalf
is made by or under an Act of the appropriate Legislature under
this article, and any rules so made shall have effect subject to the
provisions of any such Act.
310. Tenure of office of persons serving the Union or a State.—(1)
Except as expressly provided by this Constitution, every person
who is a member of a defence service or of a civil service of the
Union or of an all-India service or holds any post connected with
defence or any civil post under the Union holds office during the
pleasure of the President, and every person who is a member of a
civil service of a State or holds any civil post under a State holds
office during the pleasure of the Governor of the State.
(2) Notwithstanding that a person holding a civil post under the
Union or a State holds office during the pleasure of the President
or, as the case may be, of the Governor of the State, any contract
under which a person, not being a member of a defence service or of
an all-India service or of a civil service of the Union or a State, is
appointed under this Constitution to hold such a post may, if the
President or the Governor, as the case may be, deems it necessary
in order to secure the services of a person having special
qualifications, provide for the payment to him of compensation, if
before the expiration of an agreed period that post is abolished or
he is, for reasons not connected with any misconduct on his part,
required to vacate that post.
311. Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State.—(1) No person who is a
member of a civil service of the Union or an all-India service or a
civil service of a State or holds a civil post under the Union or a
State shall be dismissed or removed by an authority subordinate to
that by which he was appointed.
(2) No such person as aforesaid shall be dismissed or removed or
reduced in rank except after an inquiry in which he has been
informed of the charges against him and given a reasonable
opportunity of being heard in respect of those charges:

127

Provided that where it is proposed after such inquiry, to impose
upon him any such penalty, such penalty may be imposed on the
basis of the evidence adduced during such inquiry and it shall not
be necessary to give such person any opportunity of making
representation on the penalty proposed:
Provided further that this clause shall not apply—
(a) where a person is dismissed or removed or reduced in rank
on the ground of conduct which has led to his conviction on a
criminal charge; or
(b) where the authority empowered to dismiss or remove a
person or to reduce him in rank is satisfied that for some reason, to
be recorded by that authority in writing, it is not reasonably
practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is
satisfied that in the interest of the security of the State it is not
expedient to hold such inquiry.
(3) If, in respect of any such person as aforesaid, a question
arises whether it is reasonably practicable to hold such inquiry as is
referred to in clause (2), the decision thereon of the authority
empowered to dismiss or remove such person or to reduce him in
rank shall be final.
312. All-India services.—(1) Notwithstanding anything in Chapter
VI of Part VI or Part XI, if the Council of States has declared by
resolution supported by not less than two-thirds of the members
present and voting that it is necessary or expedient in the national
interest so to do, Parliament may by law provide for the creation of
one or more all India services (including an all-India judicial
service) common to the Union and the States, and, subject to the
other provisions of this Chapter, regulate the recruitment, and the
conditions of service of persons appointed, to any such service.
(2) The services known at the commencement of this Constitution
as the Indian Administrative Service and the Indian Police Service
shall be deemed to be services created by Parliament under this
article.
(3) The all-India judicial service referred to in clause (1) shall
not include any post inferior to that of a district judge as defined in
article 236.
(4) The law providing for the creation of the all-India judicial
service aforesaid may contain such provisions for the amendment of
Chapter VI of Part VI as may be necessary for giving effect to the
provisions of that law and no such law shall be deemed to be an
amendment of this Constitution for the purposes of article 368.
312A. Power of Parliament to vary or revoke conditions of service of
officers of certain services.—(1) Parliament may by law—
(a) vary or revoke, whether prospectively or retrospectively, the
conditions of services as respects remuneration, leave and pension
and the rights as respects disciplinary matters of persons who,
having been appointed by the Secretary of State or Secretary of
State in Council to a civil service of the Crown in India before the
commencement of this Constitution, continue on and after the
commencement of the Constitution (Twenty-eighth Amendment)
Act, 1972, to serve under the Government of India or of a State in
any service or post;

(b) vary or revoke, whether prospectively or retrospectively,
the conditions of service as respects pension of persons who,
having been appointed by the Secretary of State or Secretary of
State in Council to a civil service of the Crown in India before
the commencement of this Constitution, retired or otherwise
ceased to be in service at any time before the commencement of
the Constitution (Twenty-eighth Amendment) Act, 1972:
Provided that in the case of any such person who is holding or
has held the office of the Chief Justice or other Judge of the
Supreme Court or a High Court, the Comptroller and Auditor-
General of India, the Chairman or other member of the Union or a
State Public Service Commission or the Chief Election
Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be
construed as empowering Parliament to vary or revoke, after his
appointment to such post, the conditions of his service to his
disadvantage except in so far as such conditions of service are
applicable to him by reason of his being a person appointed by the
Secretary of State or Secretary of State in Council to a civil service
of the Crown in India.
(2) Except to the extent provided for by Parliament by law under
this article, nothing in this article shall affect the power of any
Legislature or other authority under any other provision of this
Constitution to regulate the conditions of service of persons
referred to in clause (1).
(3) Neither the Supreme Court nor any other court shall have
jurisdiction in—
(a) any dispute arising out of any provision of, or any
endorsement on, any covenant, agreement or other similar
instrument which was entered into or executed by any person
referred to in clause (1), or arising out of any letter issued to such
person, in relation to his appointment to any civil service of the
Crown in India or his continuance in service under the Government
of the Dominion of India or a Province thereof;
(b) any dispute in respect of any right, liability or obligation
under article 314 as originally enacted.
(4) The provisions of this article shall have effect
notwithstanding anything in article 314 as originally enacted or in
any other provision of this Constitution.
313. Transitional provisions.—Until other provision is made in this
behalf under this Constitution, all the laws in force immediately
before the commencement of this Constitution and applicable to any
public service or any post which continues to exist after the
commencement of this Constitution, as an all-India service or as
service or post under the Union or a State shall continue in force so
far as consistent with the provisions of this Constitution.
314. [Provision for protection of existing officers of certain
services.] Rep. by the Constitution (Twenty-eighth Amendment) Act,
1972, s. 3 (w.e.f. 29-8-1972).
CHAPTER II.— PUBLIC SERVICE COMMISSIONS
315. Public Service Commissions for the Union and for the States.—
(1) Subject to the provisions of this article, there shall be a Public
Service Commission for the Union and a Public Service
Commission for each State.

(2) Two or more States may agree that there shall be one Public
Service Commission for that group of States, and if a resolution to
that effect is passed by the House or, where there are two Houses,
by each House of the Legislature of each of those States, Parliament
may by law provide for the appointment of a Joint State Public
Service Commission (referred to in this Chapter as Joint
Commission) to serve the needs of those States.
(3) Any such law as aforesaid may contain such incidental and
consequential provisions as may be necessary or desirable for
giving effect to the purposes of the law.
(4) The Public Service Commission for the Union, if requested so
to do by the Governor of a State may, with the approval of the
President, agree to serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service
Commission or a State Public Service Commission shall, unless the
context otherwise requires, be construed as references to the
Commission serving the needs of the Union or, as the case may be,
the State as respects the particular matter in question.
316. Appointment and term of office of members.—(1) The
Chairman and other members of a Public Service Commission shall
be appointed, in the case of the Union Commission or a Joint
Commission, by the President, and in the case of a State
Commission, by the Governor of the State:
Provided that as nearly as may be one-half of the members of
every Public Service Commission shall be persons who at the dates
of their respective appointments have held office for at least ten
years either under the Government of India or under the
Government of a State, and in computing the said period of ten
years any period before the commencement of this Constitution
during which a person has held office under the Crown in India or
under the Government of an Indian State shall be included.
(1A) If the office of the Chairman of the Commission becomes
vacant or if any such Chairman is by reason of absence or for any
other reason unable to perform the duties of his office, those duties
shall, until some person appointed under clause (1) to the vacant
office has entered on the duties thereof or, as the case may be, until
the Chairman has resumed his duties, be performed by such one of
the other members of the Commission as the President, in the case
of the Union Commission or a Joint Commission, and the Governor
of the State in the case of a State Commission, may appoint for the
purpose.
(2) A member of a Public Service Commission shall hold office
for a term of six years from the date on which he enters upon his
office or until he attains, in the case of the Union Commission, the
age of sixty-five years, and in the case of a State Commission or a
Joint Commission, the age of sixty-two years, whichever is earlier:
Provided that—
(a) a member of a Public Service Commission may, by writing
under his hand addressed, in the case of the Union Commission or
a Joint Commission, to the President, and in the case of a State
Commission, to the Governor of the State, resign his office;

(b) a member of a Public Service Commission may be removed
from his office in the manner provided in clause (1) or clause (3)
of article 317.
(3) A person who holds office as a member of a Public Service
Commission shall, on the expiration of his term of office, be
ineligible for re-appointment to that office.
317. Removal and suspension of a member of a Public Service
Commission.—(1) Subject to the provisions of clause (3), the
Chairman or any other member of a Public Service Commission
shall only be removed from his office by order of the President on
the ground of misbehaviour after the Supreme Court, on reference
being made to it by the President, has, on inquiry held in
accordance with the procedure prescribed in that behalf under
article 145, reported that the Chairman or such other member, as
the case may be, ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a
Joint Commission, and the Governor in the case of a State
Commission, may suspend from office the Chairman or any other
member of the Commission in respect of whom a reference has
been made to the Supreme Court under clause (1) until the
President has passed orders on receipt of the report of the Supreme
Court on such reference.
(3) Notwithstanding anything in clause (1), the President may by
order remove from office the Chairman or any other member of a
Public Service Commission if the Chairman or such other member,
as the case may be,—
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment
outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office
by reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service
Commission is or becomes in any way concerned or interested in
any contract or agreement made by or on behalf of the Government
of India or the Government of a State or participates in any way in
the profit thereof or in any benefit or emolument arising therefrom
otherwise than as a member and in common with the other
members of an incorporated company, he shall, for the purposes of
clause (1), be deemed to be guilty of misbehaviour.
318. Power to make regulations as to conditions of service of
members and staff of the Commission.—In the case of the Union
Commission or a Joint Commission, the President and, in the case of a
State Commission, the Governor of the State may by regulations—
(a) determine the number of members of the Commission and
their conditions of service; and
(b) make provision with respect to the number of members of the
staff of the Commission and their conditions of service:
Provided that the conditions of service of a member of a Public
Service Commission shall not be varied to his disadvantage after his
appointment.

319. Prohibition as to the holding of offices by members of
Commission on ceasing to be such members.—On ceasing to hold
office—
(a) the Chairman of the Union Public Service Commission shall
be ineligible for further employment either under the Government of
India or under the Government of a State;
(b) the Chairman of a State Public Service Commission shall be
eligible for appointment as the Chairman or any other member of the
Union Public Service Commission or as the Chairman of any other
State Public Service Commission, but not for any other employment
either under the Government of India or under the Government of a
State;
(c) a member other than the Chairman of the Union Public
Service Commission shall be eligible for appointment as the
Chairman of the Union Public Service Commission or as the
Chairman of a State Public Service Commission, but not for any
other employment either under the Government of India or under the
Government of a State;
(d) a member other than the Chairman of a State Public Service
Commission shall be eligible for appointment as the Chairman or
any other member of the Union Public Service Commission or as the
Chairman of that or any other State Public Service Commission, but
not for any other employment either under the Government of India
or under the Government of a State.
320. Functions of Public Service Commissions.—(1) It shall be the
duty of the Union and the State Public Service Commissions to conduct
examinations for appointments to the services of the Union and the
services of the State respectively.
(2) It shall also be the duty of the Union Public Service Commission,
if requested by any two or more States so to do, to assist those States
in framing and operating schemes of joint recruitment for any services
for which candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public
Service Commission, as the case may be, shall be consulted—
(a) on all matters relating to methods of recruitment to civil
services and for civil posts;
(b) on the principles to be followed in making appointments to
civil services and posts and in making promotions and transfers
from one service to another and on the suitability of candidates for
such appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under
the Government of India or the Government of a State in a civil
capacity, including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or
has served under the Government of India or the Government of a
State or under the Crown in India or under the Government of an
Indian State, in a civil capacity, that any costs incurred by him in
defending legal proceedings instituted against him in respect of acts
done or purporting to be done in the execution of his duty should be
paid out of the Consolidated Fund of India, or, as the case may be,
out of the Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries
sustained by a person while serving under the Government of India

or the Government of a State or under the Crown in India or under
the Government of an Indian State, in a civil capacity, and any
question as to the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on
any matter so referred to them and on any other matter which the
President, or, as the case may be, the Governor of the State, may refer
to them:
Provided that the President as respects the all-India services and
also as respects other services and posts in connection with the affairs
of the Union, and the Governor, as respects other services and posts in
connection with the affairs of a State, may make regulations specifying
the matters in which either generally, or in any particular class of case
or in any particular circumstances, it shall not be necessary for a
Public Service Commission to be consulted.
(4) Nothing in clause (3) shall require a Public Service Commission
to be consulted as respects the manner in which any provision referred
to in clause (4) of article 16 may be made or as respects the manner in
which effect may be given to the provisions of article 335.
(5) All regulations made under the proviso to clause (3) by the
President or the Governor of a State shall be laid for not less than
fourteen days before each House of Parliament or the House or each
House of the Legislature of the State, as the case may be, as soon as
possible after they are made, and shall be subject to such
modifications, whether by way of repeal or amendment, as both Houses
of Parliament or the House or both Houses of the Legislature of the
State may make during the session in which they are so laid.
321. Power to extend functions of Public Service Commissions.—
An Act made by Parliament or, as the case may be, the Legislature of a
State may provide for the exercise of additional functions by the Union
Public Service Commission or the State Public Service Commission as
respects the services of the Union or the State and also as respects the
services of any local authority or other body corporate constituted by
law or of any public institution.
322. Expenses of Public Service Commissions.— The expenses of
the Union or a State Public Service Commission, including any
salaries, allowances and pensions payable to or in respect of the
members or staff of the Commission, shall be charged on the
Consolidated Fund of India or, as the case may be, the Consolidated
Fund of the State.
323. Reports of Public Service Commissions.— (1) It shall be the
duty of the Union Commission to present annually to the President a
report as to the work done by the Commission and on receipt of such
report the President shall cause a copy thereof together with a
memorandum explaining, as respects the cases, if any, where the advice
of the Commission was not accepted, the reasons for such non-
acceptance to be laid before each House of Parliament.
(2) It shall be the duty of a State Commission to present annually to
the Governor of the State a report as to the work done by the
Commission, and it shall be the duty of a Joint Commission to present
annually to the Governor of each of the States the needs of which are
served by the Joint Commission a report as to the work done by the
Commission in relation to that State, and in either case the Governor,
shall, on receipt of such report, cause a copy thereof together with a
memorandum explaining, as respects the cases, if any, where the advice

of the Commission was not accepted, the reasons for such non-
acceptance to be laid before the Legislature of the State.

PART XIVA
TRIBUNALS
323A. Administrative tribunals.—(1) Parliament may, by law,
provide for the adjudication or trial by administrative tribunals of
disputes and complaints with respect to recruitment and conditions of
service of persons appointed to public services and posts in connection
with the affairs of the Union or of any State or of any local or other
authority within the territory of India or under the control of the
Government of India or of any corporation owned or controlled by the
Government.
(2) A law made under clause (1) may—
(a) provide for the establishment of an administrative tribunal
for the Union and a separate administrative tribunal for each State
or for two or more States;
(b) specify the jurisdiction, powers (including the power to
punish for contempt) and authority which may be exercised by each
of the said tribunals;
(c) provide for the procedure (including provisions as to
limitation and rules of evidence) to be followed by the said
tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction
of the Supreme Court under article 136, with respect to the disputes
or complaints referred to in clause (1);
(e) provide for the transfer to each such administrative tribunal
of any cases pending before any court or other authority
immediately before the establishment of such tribunal as would have
been within the jurisdiction of such tribunal if the causes of action
on which such suits or proceedings are based had arisen after such
establishment;
(f) repeal or amend any order made by the President under
clause (3) of article 371D;
(g) contain such supplemental, incidental and consequential
provisions (including provisions as to fees) as Parliament may deem
necessary for the effective functioning of, and for the speedy
disposal of cases by, and the enforcement of the orders of, such
tribunals.
(3) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other law
for the time being in force.
323B. Tribunals for other matters.— (1) The appropriate
Legislature may, by law, provide for the adjudication or trial by
tribunals of any disputes, complaints, or offences with respect to all or
any of the matters specified in clause (2) with respect to which such
Legislature has power to make laws.
(2) The matters referred to in clause (1) are the following, namely:—
(a) levy, assessment, collection and enforcement of any tax;
(b) foreign exchange, import and export across customs
frontiers;
(c) industrial and labour disputes;

135

(d) land reforms by way of acquisition by the State of any estate
as defined in article 31A or of any rights therein or the
extinguishment or modification of any such rights or by way of
ceiling on agricultural land or in any other way;
(e) ceiling on urban property;
(f) elections to either House of Parliament or the House or either
House of the Legislature of a State, but excluding the matters
referred to in article 329 and article 329A;
(g) production, procurement, supply and distribution of food-
stuffs (including edible oilseeds and oils) and such other goods as
the President may, by public notification, declare to be essential
goods for the purpose of this article and control of prices of such
goods;
(h) rent, its regulation and control and tenancy issues including
the right, title and interest of landlords and tenants;
(i) offences against laws with respect to any of the matters
specified in sub-clauses (a) to (h) and fees in respect of any of those
matters;
(j) any matter incidental to any of the matters specified in sub-
clauses (a) to (i).
(3) A law made under clause (1) may—
(a) provide for the establishment of a hierarchy of tribunals;
(b) specify the jurisdiction, powers (including the power to
punish for contempt) and authority which may be exercised by each
of the said tribunals;
(c) provide for the procedure (including provisions as to
limitation and rules of evidence) to be followed by the said
tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction
of the Supreme Court under article 136, with respect to all or any of
the matters falling within the jurisdiction of the said tribunals;
(e) provide for the transfer to each such tribunal of any cases
pending before any court or any other authority immediately before
the establishment of such tribunal as would have been within the
jurisdiction of such tribunal if the causes of action on which such
suits or proceedings are based had arisen after such establishment;
(f) contain such supplemental, incidental and consequential
provisions (including provisions as to fees) as the appropriate
Legislature may deem necessary for the effective functioning of, and
for the speedy disposal of cases by, and the enforcement of the
orders of, such tribunals.
(4) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other law
for the time being in force.
Explanation.—In this article, “appropriate Legislature”, in relation
to any matter, means Parliament or, as the case may be, a State
Legislature competent to make laws with respect to such matter in
accordance with the provisions of Part XI.

PART XV
ELECTIONS
324. Superintendence, direction and control of elections to be
vested in an Election Commission.— (1) The superintendence,
direction and control of the preparation of the electoral rolls for, and
the conduct of, all elections to Parliament and to the Legislature of
every State and of elections to the offices of President and Vice-
President held under this Constitution shall be vested in a Commission
(referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election
Commissioner and such number of other Election Commissioners, if
any, as the President may from time to time fix and the appointment of
the Chief Election Commissioner and other Election Commissioners
shall, subject to the provisions of any law made in that behalf by
Parliament, be made by the President.
(3) When any other Election Commissioner is so appointed the Chief
Election Commissioner shall act as the Chairman of the Election
Commission.
(4) Before each general election to the House of the People and to
the Legislative Assembly of each State, and before the first general
election and thereafter before each biennial election to the Legislative
Council of each State having such Council, the President may also
appoint after consultation with the Election Commission such Regional
Commissioners as he may consider necessary to assist the Election
Commission in the performance of the functions conferred on the
Commission by clause (1).
(5) Subject to the provisions of any law made by Parliament, the
conditions of service and tenure of office of the Election
Commissioners and the Regional Commissioners shall be such as the
President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed
from his office except in like manner and on the like grounds as a
Judge of the Supreme Court and the conditions of service of the Chief
Election Commissioner shall not be varied to his disadvantage after his
appointment:
Provided further that any other Election Commissioner or a Regional
Commissioner shall not be removed from office except on the
recommendation of the Chief Election Commissioner.
(6) The President, or the Governor of a State, shall, when so
requested by the Election Commission, make available to the Election
Commission or to a Regional Commissioner such staff as may be
necessary for the discharge of the functions conferred on the Election
Commission by clause (1).
325. No person to be ineligible for inclusion in, or to claim to be
included in a special, electoral roll on grounds of religion, race,
caste or sex.— There shall be one general electoral roll for every
territorial constituency for election to either House of Parliament or to
the House or either House of the Legislature of a State and no person
shall be ineligible for inclusion in any such roll or claim to be included
in any special electoral roll for any such constituency on grounds only
of religion, race, caste, sex or any of them.

138

326. Elections to the House of the People and to the Legislative
Assemblies of States to be on the basis of adult suffrage.— The
elections to the House of the People and to the Legislative Assembly of
every State shall be on the basis of adult suffrage; that is to say, every
person who is a citizen of India and who is not less than eighteen years
of age on such date as may be fixed in that behalf by or under any law
made by the appropriate Legislature and is not otherwise disqualified
under this Constitution or any law made by the appropriate Legislature
on the ground of non-residence, unsoundness of mind, crime or corrupt
or illegal practice, shall be entitled to be registered as a voter at any
such election.
327. Power of Parliament to make provision with respect to
elections to Legislatures.— Subject to the provisions of this
Constitution, Parliament may from time to time by law make provision
with respect to all matters relating to, or in connection with, elections
to either House of Parliament or to the House or either House of the
Legislature of a State including the preparation of electoral rolls, the
delimitation of constituencies and all other matters necessary for
securing the due constitution of such House or Houses.
328. Power of Legislature of a State to make provision with
respect to elections to such Legislature.—Subject to the provisions of
this Constitution and in so far as provision in that behalf is not made
by Parliament, the Legislature of a State may from time to time by law
make provision with respect to all matters relating to, or in connection
with, the elections to the House or either House of the Legislature of
the State including the preparation of electoral rolls and all other
matters necessary for securing the due constitution of such House or
Houses.
329. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution—
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made
or purporting to be made under article 327 or article 328, shall not
be called in question in any court;
(b) no election to either House of Parliament or to the House or
either House of the Legislature of a State shall be called in question
except by an election petition presented to such authority and in
such manner as may be provided for by or under any law made by
the appropriate Legislature.
329A. [Special provision as to elections to Parliament in the case of
Prime Minister and Speaker.] Rep. by the Constitution (Forty-fourth
Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).

PART XVI
SPECIAL PROVISIONS RELATING
TO CERTAIN CLASSES

330. Reservation of seats for Scheduled Castes and Scheduled
Tribes in the House of the People.—(1) Seats shall be reserved in the
House of the People for —
(a) the Scheduled Castes;
(b) the Scheduled Tribes except the Scheduled Tribes in the
autonomous districts of Assam; and
(c) the Scheduled Tribes in the autonomous districts of Assam.
(2) The number of seats reserved in any State or Union territory for
the Scheduled Castes or the Scheduled Tribes under clause (1) shall
bear, as nearly as may be, the same proportion to the total number of
seats allotted to that State or Union territory in the House of the
People as the population of the Scheduled Castes in the State or Union
territory or of the Scheduled Tribes in the State or Union territory or
part of the State or Union territory, as the case may be, in respect of
which seats are so reserved, bears to the total population of the State
or Union territory.
(3) Notwithstanding anything contained in clause (2), the number of
seats reserved in the House of the People for the Scheduled Tribes in
the autonomous districts of Assam shall bear to the total number of
seats allotted to that State a proportion not less than the population of
the Scheduled Tribes in the said autonomous districts bears to the total
population of the State.
Explanation. —In this article and in article 332, the expression
“population” means the population as ascertained at the last preceding
census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until
the relevant figures for the first census taken after the year 2026 have
been published, be construed as a reference to the 2001 census.
331. Representation of the Anglo-Indian Community in the House
of the People.— Notwithstanding anything in article 81, the President
may, if he is of opinion that the Anglo-Indian community is not
adequately represented in the House of the People, nominate not more
than two members of that community to the House of the People.
332. Reservation of seats for Scheduled Castes and Scheduled
Tribes in the Legislative Assemblies of the States.— (1) Seats shall
be reserved for the Scheduled Castes and the Scheduled Tribes, except
the Scheduled Tribes in the autonomous districts of Assam, in the
Legislative Assembly of every State.
(2) Seats shall be reserved also for the autonomous districts in the
Legislative Assembly of the State of Assam.
(3) The number of seats reserved for the Scheduled Castes or the
Scheduled Tribes in the Legislative Assembly of any State under clause
(1) shall bear, as nearly as may be, the same proportion to the total
number of seats in the Assembly as the population of the Scheduled
Castes in the State or of the Scheduled Tribes in the State or part of
the State, as the case may be, in respect of which seats are so reserved,
bears to the total population of the State.
141

(3A) Notwithstanding anything contained in clause (3), until the
taking effect, under article 170, of the re-adjustment, on the basis of
the first census after the year 2026, of the number of seats in the
Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya,
Mizoram and Nagaland, the seats which shall be reserved for the
Scheduled Tribes in the Legislative Assembly of any such State shall
be,—
(a) if all the seats in the Legislative Assembly of such State in
existence on the date of coming into force of the Constitution
(Fifty-seventh Amendment) Act, 1987 (hereafter in this clause
referred to as the existing Assembly) are held by members of the
Scheduled Tribes, all the seats except one;
(b) in any other case, such number of seats as bears to the total
number of seats, a proportion not less than the number (as on the
said date) of members belonging to the Scheduled Tribes in the
existing Assembly bears to the total number of seats in the existing
Assembly.
(3B) Notwithstanding anything contained in clause (3), until the re-
adjustment, under article 170, takes effect on the basis of the first
census after the year 2026, of the number of seats in the Legislative
Assembly of the State of Tripura, the seats which shall be reserved for
the Scheduled Tribes in the Legislative Assembly shall be, such
number of seats as bears to the total number of seats, a proportion not
less than the number, as on the date of coming into force of the
Constitution (Seventy-second Amendment) Act, 1992, of members
belonging to the Scheduled Tribes in the Legislative Assembly in
existence on the said date bears to the total number of seats in that
Assembly.
(4) The number of seats reserved for an autonomous district in the
Legislative Assembly of the State of Assam shall bear to the total
number of seats in that Assembly a proportion not less than the
population of the district bears to the total population of the State.
(5) The constituencies for the seats reserved for any autonomous
district of Assam shall not comprise any area outside that district.
(6) No person who is not a member of a Scheduled Tribe of any
autonomous district of the State of Assam shall be eligible for election
to the Legislative Assembly of the State from any constituency of that
district:
Provided that for elections to the Legislative Assembly of the
State of Assam, the representation of the Scheduled Tribes and non-
Scheduled Tribes in the constituencies included in the Bodoland
Territorial Areas District, so notified, and existing prior to the
constitution of Bodoland Territorial Areas District, shall be
maintained.
333. Representation of the Anglo-Indian community in the
Legislative Assemblies of the States.— Notwithstanding anything in
article 170, the Governor of a State may, if he is of opinion that the
Anglo-Indian community needs representation in the Legislative
Assembly of the State and is not adequately represented therein,
nominate one member of that community to the Assembly.
334. Reservation of seats and special representation to cease after sixty years.—
Notwithstanding anything in the foregoing provisions of this Part, the provisions of this
Constitution relating to—

(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in
the House of the People and in the Legislative Assemblies of the States; and
(b) the representation of the Anglo-Indian community in the House of the People
and in the Legislative Assemblies of the States by nomination,
shall cease to have effect on the expiration of a period of sixty years from the
commencement of this Constitution:
Provided that nothing in this article shall affect any representation in the House of the
People or in the Legislative Assembly of a State until the dissolution of the then existing
House or Assembly, as the case may be.
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.—
The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be
taken into consideration, consistently with the maintenance of efficiency of
administration, in the making of appointments to services and posts in connection with
the affairs of the Union or of a State:
Provided that nothing in this article shall prevent in making of any provision in favour
of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in
qualifying marks in any examination or lowering the standards of evaluation, for
reservation in matters or promotion to any class or classes of services or posts in
connection with the affairs of the Union or of a State.
336. Special provision for Anglo-Indian community in certain services.— (1)
During the first two years after the commencement of this Constitution, appointments of
members of the Anglo-Indian community to posts in the railway, customs, postal and
telegraph services of the Union shall be made on the same basis as immediately before
the fifteenth day of August, 1947.
During every succeeding period of two years, the number of posts reserved for the
members of the said community in the said services shall, as nearly as possible, be less
by ten per cent. than the numbers so reserved during the immediately preceding period of
two years:
Provided that at the end of ten years from the commencement of this Constitution all
such reservations shall cease.
(2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian
community to posts other than, or in addition to, those reserved for the community under
that clause if such members are found qualified for appointment on merit as compared
with the members of other communities.
337. Special provision with respect to educational grants for the benefit of Anglo-
Indian community.— During the first three financial years after the commencement of
this Constitution, the same grants, if any, shall be made by the Union and by each State
for the benefit of the Anglo-Indian community in respect of education as were made in
the financial year ending on the thirty-first day of March, 1948.
During every succeeding period of three years the grants may be less by ten per cent.
than those for the immediately preceding period of three years :
Provided that at the end of ten years from the commencement of this Constitution
such grants, to the extent to which they are a special concession to the Anglo-Indian
community, shall cease:
Provided further that no educational institution shall be entitled to
receive any grant under this article unless at least forty per cent. of the
annual admissions therein are made available to members of
communities other than the Anglo-Indian community.
338. National Commission for Scheduled Castes.— (1) There shall be a
Commission for the Scheduled Castes to be known as the National Commission for the
Scheduled Castes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the
Commission shall consist of a Chairperson, Vice- Chairperson and three other
Members and the conditions of service and tenure of office of the Chairperson,
Vice-Chairperson and other Members so appointed shall be such as the President
may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the
Commission shall be appointed by the President by warrant under his
hand and seal.
(4) The Commission shall have the power to regulate its own
procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the
safeguards provided for the Scheduled Castes under this
Constitution or under any other law for the time being in force or
under any order of the Government and to evaluate the working of
such safeguards;
(b) to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the Scheduled Castes;
(c) to participate and advise on the planning process of socio-
economic development of the Scheduled Castes and to evaluate the
progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times
as the Commission may deem fit, reports upon the working of those
safeguards;
(e) to make in such reports recommendations as to the measures
that should be taken by the Union or any State for the effective
implementation of those safeguards and other measures for the
protection, welfare and socio-economic development of the
Scheduled Castes ; and
(f) to discharge such other functions in relation to the
protection, welfare and development and advancement of the
Scheduled Castes as the President may, subject to the provisions of
any law made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each
House of Parliament along with a memorandum explaining the action
taken or proposed to be taken on the recommendations relating to the
Union and the reasons for the non-acceptance, if any, of any of such
recommendations.
(7) Where any such report, or any part thereof, relates to any matter
with which any State Government is concerned, a copy of such report
shall be forwarded to the Governor of the State who shall cause it to be
laid before the Legislature of the State along with a memorandum
explaining the action taken or proposed to be taken on the
recommendations relating to the State and the reasons for the non-
acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to
in sub-clause (a) or inquiring into any complaint referred to in sub-
clause (b) of clause (5), have all the powers of a civil court trying a
suit and in particular in respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any person from
any part of India and examining him on oath;
(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any
court or office;
(e) issuing commissions for the examination of witnesses and
documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the
Commission on all major policy mattes affecting Scheduled Castes.
(10) In this article, references to the Scheduled Castes shall be
construed as including references to such other backward classes as the
President may, on receipt of the report of a Commission appointed
under clause (1) of article 340, by order specify and also to the Anglo-
Indian community.
338A. National Commission for Scheduled Tribes.—(1) There shall be a
Commission for the Scheduled Tribes to be known as the National Commission for
the Scheduled Tribes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the
Commission shall consist of a Chairperson, Vice-Chairperson and three other
Members and the conditions of service and tenure of office of the Chairperson,
Vice-Chairperson and other Members so appointed shall be such as the President
by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the Commission
shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards
provided for the Scheduled Tribes under this Constitution or under any other
law for the time being in force or under any order of the Government and to
evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of
rights and safeguards of the Scheduled Tribes;
(c) to participate and advise on the planning process of socio-economic
development of the Scheduled Tribes and to evaluate the progress of their
development under the Union and any State;
(d) to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendation as to the measures that
should be taken by the Union or any State for the effective implementation of
those safeguards and other measures for the protection, welfare and
socioeconomic development of the Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection, welfare
and development and advancement of the Scheduled Tribes as the President
may, subject to the provisions of any law made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each
House of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any such recommendations.

(7) Where any such report, or any part thereof, relates to any matter
with which any State Government is concerned, a copy of such report shall be
forwarded to the Governor of the State who shall cause it to be laid before the

Legislature of the State along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-
clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause
(5), have all the powers of a civil court trying a suit and in particular in respect of
the following matters, namely: —
(a) summoning and enforcing the attendance of any person from any part of
India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or
office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the Commission on all
major policy matters affecting Scheduled Tribes.
339. Control of the Union over the administration of Scheduled
Areas and the welfare of Scheduled Tribes.—(1) The President may
at any time and shall, at the expiration of ten years from the
commencement of this Constitution by order appoint a Commission to
report on the administration of the Scheduled Areas and the welfare of
the Scheduled Tribes in the States.
The order may define the composition, powers and procedure of the
Commission and may contain such incidental or ancillary provisions as
the President may consider necessary or desirable.
(2) The executive power of the Union shall extend to the giving of
directions to a State as to the drawing up and execution of schemes
specified in the direction to be essential for the welfare of the
Scheduled Tribes in the State.
340. Appointment of a Commission to investigate the conditions
of backward classes.—(1) The President may by order appoint a
Commission consisting of such persons as he thinks fit to investigate
the conditions of socially and educationally backward classes within
the territory of India and the difficulties under which they labour and
to make recommendations as to the steps that should be taken by the
Union or any State to remove such difficulties and to improve their
condition and as to the grants that should be made for the purpose by
the Union or any State and the conditions subject to which such grants
should be made, and the order appointing such Commission shall define
the procedure to be followed by the Commission.
(2) A Commission so appointed shall investigate the matters referred
to them and present to the President a report setting out the facts as
found by them and making such recommendations as they think proper.
(3) The President shall cause a copy of the report so presented
together with a memorandum explaining the action taken thereon to be
laid before each House of Parliament.
341. Scheduled Castes.—(1) The President may with respect to any
State or Union territory, and where it is a State, after consultation with
the Governor thereof, by public notification, specify the castes, races
or tribes or parts of or groups within castes, races or tribes which shall

for the purposes of this Constitution be deemed to be Scheduled Castes
in relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of
Scheduled Castes specified in a notification issued under clause (1) any
caste, race or tribe or part of or group within any caste, race or tribe,
but save as aforesaid a notification issued under the said clause shall
not be varied by any subsequent notification.
342. Scheduled Tribes.—(1) The President may with respect to any
State or Union territory, and where it is a State, after consultation with
the Governor thereof, by public notification, specify the tribes or tribal
communities or parts of or groups within tribes or tribal communities
which shall for the purposes of this Constitution be deemed to be
Scheduled Tribes in relation to that State or Union territory, as the
case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes
specified in a notification issued under clause (1) any tribe or tribal community or part of
or group within any tribe or tribal community, but save as aforesaid a notification issued
under the said clause shall not be varied by any subsequent notification.

PART XVII
OFFICIAL LANGUAGE

CHAPTER I.—L ANGUAGE OF THE UNION
343. Official language of the Union.—(1) The official language of
the Union shall be Hindi in Devanagari script.
The form of numerals to be used for the official purposes of the
Union shall be the international form of Indian numerals.
(2) Notwithstanding anything in clause (1), for a period of fifteen
years from the commencement of this Constitution, the English
language shall continue to be used for all the official purposes of the
Union for which it was being used immediately before such
commencement:
Provided that the President may, during the said period, by order
authorise the use of the Hindi language in addition to the English
language and of the Devanagari form of numerals in addition to the
international form of Indian numerals for any of the official purposes
of the Union.
(3) Notwithstanding anything in this article, Parliament may by law
provide for the use, after the said period of fifteen years, of—
(a) the English language, or
(b) the Devanagari form of numerals,
for such purposes as may be specified in the law.
344. Commission and Committee of Parliament on official
language.—(1) The President shall, at the expiration of five years from
the commencement of this Constitution and thereafter at the expiration
of ten years from such commencement, by order constitute a
Commission which shall consist of a Chairman and such other members
representing the different languages specified in the Eighth Schedule
as the President may appoint, and the order shall define the procedure
to be followed by the Commission.
(2) It shall be the duty of the Commission to make recommendations
to the President as to—
(a) the progressive use of the Hindi language for the official
purposes of the Union;
(b) restrictions on the use of the English language for all or any
of the official purposes of the Union;
(c) the language to be used for all or any of the purposes
mentioned in article 348;
(d) the form of numerals to be used for any one or more
specified purposes of the Union;
(e) any other matter referred to the Commission by the President
as regards the official language of the Union and the language for
communication between the Union and a State or between one State
and another and their use.
(3) In making their recommendations under clause (2), the
Commission shall have due regard to the industrial, cultural and
scientific advancement of India, and the just claims and the interests of
persons belonging to the non-Hindi speaking areas in regard to the
public services.
(4) There shall be constituted a Committee consisting of thirty
members, of whom twenty shall be members of the House of the People
and ten shall be members of the Council of States to be elected
respectively by the members of the House of the People and the
149

members of the Council of States in accordance with the system of
proportional representation by means of the single transferable vote.
(5) It shall be the duty of the Committee to examine the
recommendations of the Commission constituted under clause (1) and
to report to the President their opinion thereon.
(6) Notwithstanding anything in article 343, the President may, after
consideration of the report referred to in clause (5), issue directions in
accordance with the whole or any part of that report.
C
HAPTER II.—R EGIONAL LANGUAGES
345. Official language or languages of a State.—Subject to the
provisions of articles 346 and 347, the Legislature of a State may by
law adopt any one or more of the languages in use in the State or Hindi
as the language or languages to be used for all or any of the official
purposes of that State:
Provided that, until the Legislature of the State otherwise provides
by law, the English language shall continue to be used for those
official purposes within the State for which it was being used
immediately before the commencement of this Constitution.
346. Official language for communication between one State and
another or between a State and the Union.—The language for the
time being authorised for use in the Union for official purposes shall
be the official language for communication between one State and
another State and between a State and the Union:
Provided that if two or more States agree that the Hindi language
should be the official language for communication between such States,
that language may be used for such communication.
347. Special provision relating to language spoken by a section of
the population of a State.—On a demand being made in that behalf the
President may, if he is satisfied that a substantial proportion of the
population of a State desire the use of any language spoken by them to
be recognised by that State, direct that such language shall also be
officially recognised throughout that State or any part thereof for such
purpose as he may specify.
C
HAPTER III.—L ANGUAGE OF THE SUPREME COURT ,
H IGH COURTS , ETC .
348. Language to be used in the Supreme Court and in the High
Courts and for Acts, Bills, etc.—(1) Notwithstanding anything in the
foregoing provisions of this Part, until Parliament by law otherwise
provides—
(a) all proceedings in the Supreme Court and in every High
Court,
(b) the authoritative texts—
(i) of all Bills to be introduced or amendments thereto to be
moved in either House of Parliament or in the House or either
House of the Legislature of a State,
(ii) of all Acts passed by Parliament or the Legislature of a
State and of all Ordinances promulgated by the President or the
Governor of a State, and

(iii) of all orders, rules, regulations and bye-laws issued
under this Constitution or under any law made by Parliament or
the Legislature of a State,
shall be in the English language.
(2) Notwithstanding anything in sub-clause (a) of clause (1), the
Governor of a State may, with the previous consent of the President,
authorise the use of the Hindi language, or any other language used for
any official purposes of the State, in proceedings in the High Court
having its principal seat in that State:
Provided that nothing in this clause shall apply to any judgment,
decree or order passed or made by such High Court.
(3) Notwithstanding anything in sub-clause (b) of clause (1), where
the Legislature of a State has prescribed any language other than the
English language for use in Bills introduced in, or Acts passed by, the
Legislature of the State or in Ordinances promulgated by the Governor
of the State or in any order, rule, regulation or bye-law referred to in
paragraph (iii) of that sub-clause, a translation of the same in the
English language published under the authority of the Governor of the
State in the Official Gazette of that State shall be deemed to be the
authoritative text thereof in the English language under this article.
349. Special procedure for enactment of certain laws relating to
language.—During the period of fifteen years from the commencement
of this Constitution, no Bill or amendment making provision for the
language to be used for any of the purposes mentioned in clause (1) of
article 348 shall be introduced or moved in either House of Parliament
without the previous sanction of the President, and the President shall
not give his sanction to the introduction of any such Bill or the moving
of any such amendment except after he has taken into consideration the
recommendations of the Commission constituted under clause (1) of
article 344 and the report of the Committee constituted under clause
(4) of that article.
C
HAPTER IV.—S PECIAL DIRECTIVES
350. Language to be used in representations for redress of
grievances.—Every person shall be entitled to submit a representation
for the redress of any grievance to any officer or authority of the
Union or a State in any of the languages used in the Union or in the
State, as the case may be.
350A. Facilities for instruction in mother-tongue at primary
stage.—It shall be the endeavour of every State and of every local
authority within the State to provide adequate facilities for instruction
in the mother-tongue at the primary stage of education to children
belonging to linguistic minority groups; and the President may issue
such directions to any State as he considers necessary or proper for
securing the provision of such facilities.
350B. Special Officer for linguistic minorities.—(1) There shall be
a Special Officer for linguistic minorities to be appointed by the
President.
(2) It shall be the duty of the Special Officer to investigate all
matters relating to the safeguards provided for linguistic minorities
under this Constitution and report to the President upon those matters
at such intervals as the President may direct, and the President shall

cause all such reports to be laid before each House of Parliament, and
sent to the Governments of the States concerned.
351. Directive for development of the Hindi language.—It shall be
the duty of the Union to promote the spread of the Hindi language, to
develop it so that it may serve as a medium of expression for all the
elements of the composite culture of India and to secure its enrichment
by assimilating without interfering with its genius, the forms, style and
expressions used in Hindustani and in the other languages of India
specified in the Eighth Schedule, and by drawing, wherever necessary
or desirable, for its vocabulary, primarily on Sanskrit and secondarily
on other languages.

PART XVIII
EMERGENCY PROVISIONS
352. Proclamation of Emergency.—(1) If the President is satisfied
that a grave emergency exists whereby the security of India or of any
part of the territory thereof is threatened, whether by war or external
aggression or armed rebellion, he may, by Proclamation, make a
declaration to that effect in respect of the whole of India or of such
part of the territory thereof as may be specified in the Proclamation.
Explanation.—A Proclamation of Emergency declaring that the
security of India or any part of the territory thereof is threatened by
war or by external aggression or by armed rebellion may be made
before the actual occurrence of war or of any such aggression or
rebellion, if the President is satisfied that there is imminent danger
thereof.
(2) A Proclamation issued under clause (1) may be varied or revoked
by a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or
a Proclamation varying such Proclamation unless the decision of the
Union Cabinet (that is to say, the Council consisting of the Prime
Minister and other Ministers of Cabinet rank appointed under article
75) that such a Proclamation may be issued has been communicated to
him in writing.
(4) Every Proclamation issued under this article shall be laid before
each House of Parliament and shall, except where it is a Proclamation
revoking a previous Proclamation, cease to operate at the expiration of
one month unless before the expiration of that period it has been
approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation (not being a Proclamation
revoking a previous Proclamation) is issued at a time when the House
of the People has been dissolved, or the dissolution of the House of the
People takes place during the period of one month referred to in this
clause, and if a resolution approving the Proclamation has been passed
by the Council of States, but no resolution with respect to such
Proclamation has been passed by the House of the People before the
expiration of that period, the Proclamation shall cease to operate at
the expiration of thirty days from the date on which the House of the
People first sits after its reconstitution, unless before the expiration of
the said period of thirty days a resolution approving the Proclamation
has been also passed by the House of the People.
(5) A Proclamation so approved shall, unless revoked, cease to
operate on the expiration of a period of six months from the date of the
passing of the second of the resolutions approving the Proclamation
under clause (4):
Provided that if and so often as a resolution approving the
continuance in force of such a Proclamation is passed by both Houses
of Parliament the Proclamation shall, unless revoked, continue in force
for a further period of six months from the date on which it would
otherwise have ceased to operate under this clause:
Provided further that if the dissolution of the House of the People
takes place during any such period of six months and a resolution
approving the continuance in force of such Proclamation has been
passed by the Council of States but no resolution with respect to the

153

continuance in force of such Proclamation has been passed by the
House of the People during the said period, the Proclamation shall
cease to operate at the expiration of thirty days from the date on which
the House of the People first sits after its reconstitution unless before
the expiration of the said period of thirty days, a resolution approving
the continuance in force of the Proclamation has been also passed by
the House of the People.
(6) For the purposes of clauses (4) and (5), a resolution may be
passed by either House of Parliament only by a majority of the total
membership of that House and by a majority of not less than two-thirds
of the Members of that House present and voting.
(7) Notwithstanding anything contained in the foregoing clauses, the
President shall revoke a Proclamation issued under clause (1) or a
Proclamation varying such Proclamation if the House of the People
passes a resolution disapproving, or, as the case may be, disapproving
the continuance in force of, such Proclamation.
(8) Where a notice in writing signed by not less than one-tenth of
the total number of members of the House of the People has been
given, of their intention to move a resolution for disapproving, or, as
the case may be, for disapproving the continuance in force of, a
Proclamation issued under clause (1) or a Proclamation varying such
Proclamation,—
(a) to the Speaker, if the House is in session; or
(b) to the President, if the House is not in session,
a special sitting of the House shall be held within fourteen days from
the date on which such notice is received by the Speaker, or, as the
case may be, by the President, for the purpose of considering such
resolution.
(9) The power conferred on the President by this article shall include
the power to issue different Proclamations on different grounds,
being war or external aggression or armed rebellion or imminent
danger of war or external aggression or armed rebellion, whether or not
there is a Proclamation already issued by the President under clause
(1) and such Proclamation is in operation.
* * * * *

353. Effect of Proclamation of Emergency.—While a Proclamation
of Emergency is in operation, then—
(a) notwithstanding anything in this Constitution, the executive
power of the Union shall extend to the giving of directions to any
State as to the manner in which the executive power thereof is to be
exercised;
(b) the power of Parliament to make laws with respect to any
matter shall include power to make laws conferring powers and
imposing duties, or authorising the conferring of powers and the
imposition of duties, upon the Union or officers and authorities of
the Union as respects that matter, notwithstanding that it is one
which is not enumerated in the Union List:
Provided that where a Proclamation of Emergency is in operation
only in any part of the territory of India,—
(i) the executive power of the Union to give directions under
clause (a), and

(ii) the power of Parliament to make laws under clause (b),
shall also extend to any State other than a State in which or in any
part of which the Proclamation of Emergency is in operation if and in
so far as the security of India or any part of the territory thereof is
threatened by activities in or in relation to the part of the territory of
India in which the Proclamation of Emergency is in operation.
354. Application of provisions relating to distribution of revenues
while a Proclamation of Emergency is in operation.—(1) The
President may, while a Proclamation of Emergency is in operation, by
order direct that all or any of the provisions of articles 268 to 279
shall for such period, not extending in any case beyond the expiration
of the financial year in which such Proclamation ceases to operate, as
may be specified in the order, have effect subject to such exceptions
or modifications as he thinks fit.
(2) Every order made under clause (1) shall, as soon as may be after
it is made, be laid before each House of Parliament.
355. Duty of the Union to protect States against external
aggression and internal disturbance.—It shall be the duty of the
Union to protect every State against external aggression and internal
disturbance and to ensure that the government of every State is carried
on in accordance with the provisions of this Constitution.
356. Provisions in case of failure of constitutional machinery in
States.—(1) If the President, on receipt of a report from the Governor
of a State or otherwise, is satisfied that a situation has arisen in which
the Government of the State cannot be carried on in accordance with
the provisions of this Constitution, the President may by
Proclamation—
(a) assume to himself all or any of the functions of the
Government of the State and all or any of the powers vested in or
exercisable by the Governor or any body or authority in the State
other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall
be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear
to the President to be necessary or desirable for giving effect to the
objects of the Proclamation, including provisions for suspending in
whole or in part the operation of any provisions of this Constitution
relating to any body or authority in the State:
Provided that nothing in this clause shall authorise the President to
assume to himself any of the powers vested in or exercisable by a High
Court, or to suspend in whole or in part the operation of any provision
of this Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent
Proclamation.
(3) Every Proclamation under this article shall be laid before each
House of Parliament and shall, except where it is a Proclamation
revoking a previous Proclamation, cease to operate at the expiration of
two months unless before the expiration of that period it has been
approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation (not being a Proclamation
revoking a previous Proclamation) is issued at a time when the House
of the People is dissolved or the dissolution of the House of the
People takes place during the period of two months referred to in this

clause, and if a resolution approving the Proclamation has been passed
by the Council of States, but no resolution with respect to such
Proclamation has been passed by the House of the People before the
expiration of that period, the Proclamation shall cease to operate at the
expiration of thirty days from the date on which the House of the
People first sits after its reconstitution unless before the expiration of
the said period of thirty days a resolution approving the Proclamation
has been also passed by the House of the People.
(4) A Proclamation so approved shall, unless revoked, cease to
operate on the expiration of a period of six months from the date of
issue of the Proclamation:
Provided that if and so often as a resolution approving the
continuance in force of such a Proclamation is passed by both Houses
of Parliament, the Proclamation shall, unless revoked, continue in
force for a further period of six months from the date on which under
this clause it would otherwise have ceased to operate, but no such
Proclamation shall in any case remain in force for more than three
years:
Provided further that if the dissolution of the House of the People
takes place during any such period of six months and a resolution
approving the continuance in force of such Proclamation has been
passed by the Council of States, but no resolution with respect to the
continuance in force of such Proclamation has been passed by the
House of the People during the said period, the Proclamation shall
cease to operate at the expiration of thirty days from the date on which
the House of the People first sits after its reconstitution unless before
the expiration of the said period of thirty days a resolution approving
the continuance in force of the Proclamation has been also passed by
the House of the People:
Provided also that in the case of the Proclamation issued under
clause (1) on the 11th day of May, 1987 with respect to the State of
Punjab, the reference in the first proviso to this clause to “three
years” shall be construed as a reference to five years.
(5) Notwithstanding anything contained in clause (4), a resolution
with respect to the continuance in force of a Proclamation approved
under clause (3) for any period beyond the expiration of one year from
the date of issue of such Proclamation shall not be passed by either
House of Parliament unless—
(a) a Proclamation of Emergency is in operation, in the whole of
India or, as the case may be, in the whole or any part of the State,
at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in
force of the Proclamation approved under clause (3) during the
period specified in such resolution is necessary on account of
difficulties in holding general elections to the Legislative Assembly
of the State concerned:
Provided that nothing in this clause shall apply to the Proclamation
issued under clause (1) on the 11th day of May, 1987 with respect to
the State of Punjab.
357. Exercise of legislative powers under Proclamation issued
under article 356.— (1) Where by a Proclamation issued under clause
(1) of article 356, it has been declared that the powers of the

Legislature of the State shall be exercisable by or under the authority
of Parliament, it shall be competent—
(a) for Parliament to confer on the President the power of the
Legislature of the State to make laws, and to authorise the President
to delegate, subject to such conditions as he may think fit to impose,
the power so conferred to any other authority to be specified by him
in that behalf;
(b) for Parliament, or for the President or other authority in
whom such power to make laws is vested under sub-clause (a), to
make laws conferring powers and imposing duties, or authorising the
conferring of powers and the imposition of duties, upon the Union
or officers and authorities thereof;
(c) for the President to authorise when the House of the People
is not in session expenditure from the Consolidated Fund of the
State pending the sanction of such expenditure by Parliament.
(2) Any law made in exercise of the power of the Legislature of the
State by Parliament or the President or other authority referred to in
sub-clause (a) of clause (1) which Parliament or the President or such
other authority would not, but for the issue of a Proclamation under
article 356, have been competent to make shall, after the Proclamation
has ceased to operate, continue in force until altered or repealed or
amended by a competent Legislature or other authority.
358. Suspension of provisions of article 19 during emergencies.—
(1) While a Proclamation of Emergency declaring that the security of
India or any part of the territory thereof is threatened by war or by
external aggression is in operation, nothing in article 19 shall restrict
the power of the State as defined in Part III to make any law or to take
any executive action which the State would but for the provisions
contained in that Part be competent to make or to take, but any law so
made shall, to the extent of the incompetency, cease to have effect as
soon as the Proclamation ceases to operate, except as respects things
done or omitted to be done before the law so ceases to have effect:
Provided that where such Proclamation of Emergency is in operation
only in any part of the territory of India, any such law may be made, or
any such executive action may be taken, under this article in relation to
or in any State or Union territory in which or in any part of which the
Proclamation of Emergency is not in operation, if and in so far as the
security of India or any part of the territory thereof is threatened by
activities in or in relation to the part of the territory of India in which
the Proclamation of Emergency is in operation.
(2) Nothing in clause (1) shall apply—
(a) to any law which does not contain a recital to the effect that
such law is in relation to the Proclamation of Emergency in
operation when it is made; or
(b) to any executive action taken otherwise than under a law
containing such a recital.
359. Suspension of the enforcement of the rights conferred by
Part III during emergencies.—(1) Where a Proclamation of
Emergency is in operation, the President may by order declare that the
right to move any court for the enforcement of such of the rights
conferred by Part III (except articles 20 and 21) as may be mentioned
in the order and all proceedings pending in any court for the
enforcement of the rights so mentioned shall remain suspended for the

period during which the Proclamation is in force or for such shorter
period as may be specified in the order.
(1A) While an order made under clause (1) mentioning any of the
rights conferred by Part III (except articles 20 and 21) is in operation,
nothing in that Part conferring those rights shall restrict the power of
the State as defined in the said Part to make any law or to take any
executive action which the State would but for the provisions contained
in that Part be competent to make or to take, but any law so made shall,
to the extent of the incompetency, cease to have effect as soon as the
order aforesaid ceases to operate, except as respects things done or
omitted to be done before the law so ceases to have effect:
Provided that where a Proclamation of Emergency is in operation
only in any part of the territory of India, any such law may be made, or
any such executive action may be taken, under this article in relation to
or in any State or Union territory in which or in any part of which the
Proclamation of Emergency is not in operation, if and in so far as the
security of India or any part of the territory thereof is threatened by
activities in or in relation to the part of the territory of India in which
the Proclamation of Emergency is in operation.
(1B) Nothing in clause (1A) shall apply—
(a) to any law which does not contain a recital to the effect that
such law is in relation to the Proclamation of Emergency in
operation when it is made; or
(b) to any executive action taken otherwise than under a law
containing such a recital.
(2) An order made as aforesaid may extend to the whole or any part
of the territory of India:
Provided that where a Proclamation of Emergency is in operation
only in a part of the territory of India, any such order shall not extend
to any other part of the territory of India unless the President, being
satisfied that the security of India or any part of the territory thereof is
threatened by activities in or in relation to the part of the territory of
India in which the Proclamation of Emergency is in operation,
considers such extension to be necessary.
(3) Every order made under clause (1) shall, as soon as may be after
it is made, be laid before each House of Parliament.
359A. [Application of this Part to the State of Punjab.] Rep. by the
Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990).
360. Provisions as to financial emergency.—(1) If the President is
satisfied that a situation has arisen whereby the financial stability or
credit of India or of any part of the territory thereof is threatened, he
may by a Proclamation make a declaration to that effect.
(2) A Proclamation issued under clause (1)—
(a) may be revoked or varied by a subsequent Proclamation;
(b) shall be laid before each House of Parliament;
(c) shall cease to operate at the expiration of two months, unless
before the expiration of that period it has been approved by
resolutions of both Houses of Parliament:
Provided that if any such Proclamation is issued at a time when the
House of the People has been dissolved or the dissolution of the House
of the People takes place during the period of two months referred to in
sub-clause (c), and if a resolution approving the Proclamation has been

passed by the Council of States, but no resolution with respect to such
Proclamation has been passed by the House of the People before the
expiration of that period, the Proclamation shall cease to operate at the
expiration of thirty days from the date on which the House of the
People first sits after its reconstitution unless before the expiration of
the said period of thirty days a resolution approving the Proclamation
has been also passed by the House of the People.
(3) During the period any such Proclamation as is mentioned in
clause (1) is in operation, the executive authority of the Union shall
extend to the giving of directions to any State to observe such canons
of financial propriety as may be specified in the directions, and to the
giving of such other directions as the President may deem necessary
and adequate for the purpose.
(4) Notwithstanding anything in this Constitution—
(a) any such direction may include—
(i) a provision requiring the reduction of salaries and
allowances of all or any class of persons serving in connection
with the affairs of a State;
(ii) a provision requiring all Money Bills or other Bills to
which the provisions of article 207 apply to be reserved for the
consideration of the President after they are passed by the
Legislature of the State;
(b) it shall be competent for the President during the period any
Proclamation issued under this article is in operation to issue
directions for the reduction of salaries and allowances of all or any
class of persons serving in connection with the affairs of the Union
including the Judges of the Supreme Court and the High Courts.

PART XIX
MISCELLANEOUS

361. Protection of President and Governors and Rajpramukhs.—
(1) The President, or the Governor or Rajpramukh of a State, shall not
be answerable to any court for the exercise and performance of the
powers and duties of his office or for any act done or purporting to be
done by him in the exercise and performance of those powers and
duties:
Provided that the conduct of the President may be brought under
review by any court, tribunal or body appointed or designated by either
House of Parliament for the investigation of a charge under article 61:
Provided further that nothing in this clause shall be construed as
restricting the right of any person to bring appropriate proceedings
against the Government of India or the Government of a State.
(2) No criminal proceedings whatsoever shall be instituted or
continued against the President, or the Governor of a State, in any
court during his term of office.
(3) No process for the arrest or imprisonment of the President, or the
Governor of a State, shall issue from any court during his term of
office.
(4) No civil proceedings in which relief is claimed against the
President, or the Governor of a State, shall be instituted during his
term of office in any court in respect of any act done or purporting to
be done by him in his personal capacity, whether before or after he
entered upon his office as President, or as Governor of such State, until
the expiration of two months next after notice in writing has been
delivered to the President or the Governor, as the case may be, or left
at his office stating the nature of the proceedings, the cause of action
therefor, the name, description and place of residence of the party by
whom such proceedings are to be instituted and the relief which he
claims.
361A. Protection of publication of proceedings of Parliament and
State Legislatures.—(1) No person shall be liable to any proceedings,
civil or criminal, in any court in respect of the publication in a
newspaper of a substantially true report of any proceedings of either
House of Parliament or the Legislative Assembly, or, as the case may
be, either House of the Legislature, of a State, unless the publication is
proved to have been made with malice:
Provided that nothing in this clause shall apply to the publication of
any report of the proceedings of a secret sitting of either House of
Parliament or the Legislative Assembly, or, as the case may be, either
House of the Legislature, of a State.
(2) Clause (1) shall apply in relation to reports or matters broadcast
by means of wireless telegraphy as part of any programme or service
provided by means of a broadcasting station as it applies in relation to
reports or matters published in a newspaper.
Explanation.—In this article, “newspaper” includes a news agency report containing
material for publication in a newspaper.
361B. Disqualification for appointment on remunerative political
post.—A member of a House belonging to any political party who is
disqualified for being a member of the House under paragraph 2 of the
Tenth Schedule shall also be disqualified to hold any remunerative
political post for duration of the period commencing from the date of
his disqualification till the date on which the term of his office as
165

161

such member would expire or till the date on which he contests an
election to a House and is declared elected, whichever is earlier.
Explanation.- For the purposes of this article,—
(a) the expression “House” has the meaning assigned to it in
clause (a) of paragraph 1 of the Tenth Schedule;
(b) the expression “remunerative political post” means any
office—
(i) under the Government of India or the Government of a
State where the salary or remuneration for such office is paid
out of the public revenue of the Government of India or the
Government of the State, as the case may be; or

(ii) under a body, whether incorporated or not, which is
wholly or partially owned by the Government of India or the
Government of the State, and the salary or remuneration for
such office is paid by such body,
except where such salary or remuneration paid is compensatory in
nature.
362. [Rights and privileges of Rulers of Indian States.] Rep. by the Constitution
(Twenty-sixth Amendment) Act, 1971, s. 2.
363. Bar to interference by courts in disputes arising out of certain treaties,
agreements, etc.—(1) Notwithstanding anything in this Constitution but subject to the
provisions of article 143, neither the Supreme Court nor any other court shall have
jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant,
engagement, sanad or other similar instrument which was entered into or executed
before the commencement of this Constitution by any Ruler of an Indian State and to
which the Government of the Dominion of India or any of its predecessor Governments
was a party and which has or has been continued in operation after such commencement,
or in any dispute in respect of any right accruing under or any liability or obligation
arising out of any of the provisions of this Constitution relating to any such treaty,
agreement, covenant, engagement, sanad or other similar instrument.

(2) In this article—
(a) “Indian State” means any territory recognised before the commencement of
this Constitution by His Majesty or the Government of the Dominion of India as
being such a State; and
(b) “Ruler” includes the Prince, Chief or other person recognised before such
commencement by His Majesty or the Government of the Dominion of India as the
Ruler of any Indian State.
363A. Recognition granted to Rulers of Indian States to cease and privy purses
to be abolished.—Notwithstanding anything in this Constitution or in any law for the
time being in force—
(a) the Prince, Chief or other person who, at any time before the commencement
of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the
President as the Ruler of an Indian State or any person who, at any time before such
commencement, was recognised by the President as the successor of such ruler shall,
on and from such commencement, cease to be recognised as such Ruler or the
successor of such Ruler;
(b) on and from the commencement of the Constitution (Twenty-sixth
Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and

obligations in respect of privy purse are extinguished and accordingly the Ruler or, as
the case may be, the successor of such Ruler, referred to in clause (a) or any other
person shall not be paid any sum as privy purse.
364. Special provisions as to major ports and aerodromes.—(1)
Notwithstanding anything in this Constitution, the President may by
public notification direct that as from such date as may be specified in
the notification—
(a) any law made by Parliament or by the Legislature of a State
shall not apply to any major port or aerodrome or shall apply thereto
subject to such exceptions or modifications as may be specified in
the notification, or
(b) any existing law shall cease to have effect in any major port
or aerodrome except as respects things done or omitted to be done
before the said date, or shall in its application to such port or
aerodrome have effect subject to such exceptions or modifications
as may be specified in the notification.
(2) In this article—
(a) “major port” means a port declared to be a major port by or
under any law made by Parliament or any existing law and includes
all areas for the time being included within the limits of such port;
(b) “aerodrome” means aerodrome as defined for the purposes of
the enactments relating to airways, aircraft and air navigation.
365. Effect of failure to comply with, or to give effect to,
directions given by the Union.—Where any State has failed to comply
with, or to give effect to, any directions given in the exercise of the
executive power of the Union under any of the provisions of this
Constitution, it shall be lawful for the President to hold that a situation
has arisen in which the Government of the State cannot be carried on in
accordance with the provisions of this Constitution.
366. Definitions.—In this Constitution, unless the context otherwise
requires, the following expressions have the meanings hereby
respectively assigned to them, that is to say—
(1) “agricultural income” means agricultural income as defined
for the purposes of the enactments relating to Indian income-tax;
(2) “an Anglo-Indian” means a person whose father or any of
whose other male progenitors in the male line is or was of European
descent but who is domiciled within the territory of India and is or
was born within such territory of parents habitually resident therein
and not established there for temporary purposes only;
(3) “article” means an article of this Constitution;
(4) “borrow” includes the raising of money by the grant of
annuities, and “loan” shall be construed accordingly;
* * * * *
(5) “clause” means a clause of the article in which the
expression occurs;
(6) “corporation tax” means any tax on income, so far as that tax
is payable by companies and is a tax in the case of which the
following conditions are fulfilled:—
(a) that it is not chargeable in respect of agricultural
income;
(b) that no deduction in respect of the tax paid by
companies is, by any enactments which may apply to the tax,

authorised to be made from dividends payable by the companies
to individuals;
(c) that no provision exists for taking the tax so paid into
account in computing for the purposes of Indian income-tax the
total income of individuals receiving such dividends, or in
computing the Indian income-tax payable by, or refundable to,
such individuals;
(7) “corresponding Province”, “corresponding Indian State” or
“corresponding State” means in cases of doubt such Province, Indian
State or State as may be determined by the President to be the
corresponding Province, the corresponding Indian State or the
corresponding State, as the case may be, for the particular purpose
in question;
(8) “debt” includes any liability in respect of any obligation to
repay capital sums by way of annuities and any liability under any
guarantee, and “debt charges” shall be construed accordingly;
(9) “estate duty” means a duty to be assessed on or by reference
to the principal value, ascertained in accordance with such rules as
may be prescribed by or under laws made by Parliament or the
Legislature of a State relating to the duty, of all property passing
upon death or deemed, under the provisions of the said laws, so to
pass;
(10) “existing law” means any law, Ordinance, order, bye-law,
rule or regulation passed or made before the commencement of this
Constitution by any Legislature, authority or person having power to
make such a law, Ordinance, order, bye-law, rule or regulation;
(11) “Federal Court” means the Federal Court constituted under
the Government of India Act, 1935;
(12) “goods” includes all materials, commodities, and articles;
(13) “guarantee” includes any obligation undertaken before the
commencement of this Constitution to make payments in the event
of the profits of an undertaking falling short of a specified amount;
(14) “High Court” means any Court which is deemed for the
purposes of this Constitution to be a High Court for any State and
includes—
(a) any Court in the territory of India constituted or
reconstituted under this Constitution as a High Court, and
(b) any other Court in the territory of India which may be
declared by Parliament by law to be a High Court for all or any
of the purposes of this Constitution;
(15) “Indian State” means any territory which the Government of
the Dominion of India recognised as such a State;
(16) “Part” means a Part of this Constitution;
(17) “pension” means a pension, whether contributory or not, of
any kind whatsoever payable to or in respect of any person, and
includes retired pay so payable; a gratuity so payable and any sum
or sums so payable by way of the return, with or without interest
thereon or any other addition thereto, of subscriptions to a provident
fund;
(18) “Proclamation of Emergency” means a Proclamation issued
under clause (1) of article 352;
(19) “public notification” means a notification in the Gazette of
India, or, as the case may be, the Official Gazette of a State;

(20) “railway” does not include—
(a) a tramway wholly within a municipal area, or
(b) any other line of communication wholly situate in one
State and declared by Parliament by law not to be a railway;
* * * * *
(22) “Ruler” means the Prince, Chief or other person who, at any
time before the commencement of the Constitution (Twenty-sixth
Amendment) Act, 1971, was recognised by the President as the
Ruler of an Indian State or any person who, at any time before such
commencement, was recognised by the President as the successor of
such Ruler;
(23) “Schedule” means a Schedule to this Constitution;
(24) “Scheduled Castes” means such castes, races or tribes or
parts of or groups within such castes, races or tribes as are deemed
under article 341 to be Scheduled Castes for the purposes of this
Constitution;
(25) “Scheduled Tribes” means such tribes or tribal communities
or parts of or groups within such tribes or tribal communities as are
deemed under article 342 to be Scheduled Tribes for the purposes of
this Constitution;
(26) “securities” includes stock;
* * * * *
(27) “sub-clause” means a sub-clause of the clause in which the
expression occurs;
(28) “taxation” includes the imposition of any tax or impost,
whether general or local or special, and “tax” shall be construed
accordingly;
(29) “tax on income” includes a tax in the nature of an excess
profits tax;
(29A) “tax on the sale or purchase of goods” includes—
(a) a tax on the transfer, otherwise than in pursuance of a
contract, of property in any goods for cash, deferred payment
or other valuable consideration;
(b) a tax on the transfer of property in goods (whether as
goods or in some other form) involved in the execution of a
works contract;
(c) a tax on the delivery of goods on hire-purchase or any
system of payment by instalments;
(d) a tax on the transfer of the right to use any goods for
any purpose (whether or not for a specified period) for cash,
deferred payment or other valuable consideration;
(e) a tax on the supply of goods by any unincorporated
association or body of persons to a member thereof for cash,
deferred payment or other valuable consideration;
(f) a tax on the supply, by way of or as part of any service
or in any other manner whatsoever, of goods, being food or any
other article for human consumption or any drink (whether or
not intoxicating), where such supply or service, is for cash,
deferred payment or other valuable consideration;
and such transfer, delivery or supply of any goods shall be deemed
to be a sale of those goods by the person making the transfer,

delivery or supply and a purchase of those goods by the person to
whom such transfer, delivery or supply is made;
(30) “Union territory” means any Union territory specified in
the First Schedule and includes any other territory comprised within
the territory of India but not specified in that Schedule.
367. Interpretation.—(1) Unless the context otherwise requires, the
General Clauses Act, 1897, shall, subject to any adaptations and
modifications that may be made therein under article 372, apply for the
interpretation of this Constitution as it applies for the interpretation of
an Act of the Legislature of the Dominion of India.
(2) Any reference in this Constitution to Acts or laws of, or made
by, Parliament, or to Acts or laws of, or made by, the Legislature of a
State, shall be construed as including a reference to an Ordinance made
by the President or, to an Ordinance made by a Governor, as the case
may be.
(3) For the purposes of this Constitution “foreign State” means any
State other than India:
Provided that, subject to the provisions of any law made by
Parliament, the President may by order declare any State not to be a
foreign State for such purposes as may be specified in the order.

PART XX
AMENDMENT OF THE CONSTITUTION

368. Power of Parliament to amend the Constitution and
procedure therefor.— (1) Notwithstanding anything in this
Constitution, Parliament may in exercise of its constituent power
amend by way of addition, variation or repeal any provision of this
Constitution in accordance with the procedure laid down in this article.
(2) An amendment of this Constitution may be initiated only by the
introduction of a Bill for the purpose in either House of Parliament,
and when the Bill is passed in each House by a majority of the total
membership of that House and by a majority of not less than two-thirds
of the members of that House present and voting, it shall be presented
to the President who shall give his assent to the Bill and thereupon the
Constitution shall stand amended in accordance with the terms of the
Bill:
Provided that if such amendment seeks to make any change in—
(a) article 54, article 55, article 73, article 162 or article 241,
or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of
Part XI, or
(c) any of the Lists in the Seventh Schedule, or
(d) the representation of States in Parliament, or
(e) the provisions of this article,
the amendment shall also require to be ratified by the Legislatures of
not less than one-half of the States by resolutions to that effect passed
by those Legislatures before the Bill making provision for such
amendment is presented to the President for assent.
(3) Nothing in article 13 shall apply to any amendment made under
this article.
1[(4) No amendment of this Constitution (including the provisions of
Part III) made or purporting to have been made under this article
whether before or after the commencement of section 55 of the
Constitution (Forty-second Amendment) Act, 1976 shall be called in
question in any court on any ground.
(5) For the removal of doubts, it is hereby declared that there shall
be no limitation whatever on the constituent power of Parliament to
amend by way of addition, variation or repeal the provisions of this
Constitution under this article.]

1. Cls. (4) and (5) were ins. “in article 368 by s. 55 of the Constitution (Forty-second Amendment) Act, 1976. This section
has been declared invalid by the Supreme Court in Minerva Mills Ltd. and Others Vs. Union of India and Others
(1980 ) 2 S.C.C. 591.

168

PART XXI
TEMPORARY, TRANSITIONAL AND SPECIAL
PROVISIONS

369. Temporary power to Parliament to make laws with respect to
certain matters in the State List as if they were matters in the
Concurrent List.—Notwithstanding anything in this Constitution,
Parliament shall, during a period of five years from the commencement
of this Constitution, have power to make laws with respect to the
following matters as if they were enumerated in the Concurrent List,
namely:—
(a) trade and commerce within a State in, and the production,
supply and distribution of, cotton and woollen textiles, raw cotton
(including ginned cotton and unginned cotton or kapas), cotton
seed, paper (including newsprint), food-stuffs (including edible
oilseeds and oil), cattle fodder (including oil-cakes and other
concentrates), coal (including coke and derivatives of coal), iron,
steel and mica;
(b) offences against laws with respect to any of the matters
mentioned in clause (a), jurisdiction and powers of all courts except
the Supreme Court with respect to any of those matters, and fees in
respect of any of those matters but not including fees taken in any
court;
but any law made by Parliament, which Parliament would not but for
the provisions of this article have been competent to make, shall, to the
extent of the incompetency, cease to have effect on the expiration of
the said period, except as respects things done or omitted to be done
before the expiration thereof.
1370. Temporary provisions with respect to the State of Jammu
and Kashmir.—(1) Notwithstanding anything in this Constitution,—
(a) the provisions of article 238 shall not apply in relation to the
State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall
be limited to—
(i) those matters in the Union List and the Concurrent List
which, in consultation with the Government of the State, are
declared by the President to correspond to matters specified in
the Instrument of Accession governing the accession of the
State to the
Dominion of India as the matters with respect to which the
Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the
concurrence of the Government of the State, the President may
by order specify.

Explanation.— For the purposes of this article, the
Government of the State means the person for the time being
recognised by the President as the Maharaja of Jammu and Kashmir
acting on the advice of the Council of Ministers for the time being in

________________________________________________________________________________________
1. In exercise of the powers conferred by this article the President, on the recommendation of the
Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17
th day of
November, 1952, the said art. 370 shall be operative with the modification that for the Explanation in
cl. (1) thereof, the following Explanation is substituted, namely:-
“Explanation – For the purposes of this article, the Government of the State means the person for
the time being recognised by the President on the recommendation of the Legislative Assembly of the
State as the *Sadar-I Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers
of the State for the time being in office.”.
(Ministry of Law Order No. C.O. 44, dated the 15
th November, 1952).
*Now “Governor”.
169

office under the Maharaja’s Proclamation dated the fifth day of March,
1948;
(c) the provisions of article 1 and of this article shall apply in
relation to that State;
(d) such of the other provisions of this Constitution shall apply
in relation to that State subject to such exceptions and modifications
as the President may by order specify:
Provided that no such order which relates to the matters specified in
the Instrument of Accession of the State referred to in paragraph (i) of
sub-clause (b) shall be issued except in consultation with the
Government of the State:
Provided further that no such order which relates to matters other
than those referred to in the last preceding proviso shall be issued
except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in
paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso
to sub-clause (d) of that clause be given before the Constituent
Assembly for the purpose of framing the Constitution of the State is
convened, it shall be placed before such Assembly for such decision as
it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this
article, the President may, by public notification, declare that this
article shall cease to be operative or shall be operative only with such
exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of
the State referred to in clause (2) shall be necessary before the
President issues such a notification.
371. Special provision with respect to the States of Maharashtra
and Gujarat.— * * * *
*
(2) Notwithstanding anything in this Constitution, the President may
by order made with respect to the State of Maharashtra or Gujarat,
provide for any special responsibility of the Governor for—
(a) the establishment of separate development boards for
Vidarbha, Marathwada, and the rest of Maharashtra or, as the case
may be, Saurashtra, Kutch and the rest of Gujarat with the provision
that a report on the working of each of these boards will be placed
each year before the State Legislative Assembly;
(b) the equitable allocation of funds for developmental
expenditure over the said areas, subject to the requirements of the
State as a whole; and
(c) an equitable arrangement providing adequate facilities for
technical education and vocational training, and adequate
opportunities for employment in services under the control of the
State Government, in respect of all the said areas, subject to the
requirements of the State as a whole.
371A. Special provision with respect to the State of Nagaland.—
(1) Notwithstanding anything in this Constitution,—
(a) no Act of Parliament in respect of—
(i) religious or social practices of the Nagas,
(ii) Naga customary law and procedure,

(iii) administration of civil and criminal justice involving
decisions according to Naga customary law,
(iv) ownership and transfer of land and its resources,
shall apply to the State of Nagaland unless the Legislative Assembly
of Nagaland by a resolution so decides;
(b) the Governor of Nagaland shall have special responsibility
with respect to law and order in the State of Nagaland for so long as
in his opinion internal disturbances occurring in the Naga Hills-
Tuensang Area immediately before the formation of that State
continue therein or in any part thereof and in the discharge of his
functions in relation thereto the Governor shall, after consulting the
Council of Ministers, exercise his individual judgment as to the
action to be taken:
Provided that if any question arises whether any matter is or is not a
matter as respects which the Governor is under this sub-clause
required to act in the exercise of his individual judgment, the decision
of the Governor in his discretion shall be final, and the validity of
anything done by the Governor shall not be called in question on the
ground that he ought or ought not to have acted in the exercise of his
individual judgment:
Provided further that if the President on receipt of a report from the
Governor or otherwise is satisfied that it is no longer necessary for the
Governor to have special responsibility with respect to law and order
in the State of Nagaland, he may by order direct that the Governor
shall cease to have such responsibility with effect from such date as
may be specified in the order;
(c) in making his recommendation with respect to any demand
for a grant, the Governor of Nagaland shall ensure that any money
provided by the Government of India out of the Consolidated Fund
of India for any specific service or purpose is included in the
demand for a grant relating to that service or purpose and not in any
other demand;
(d) as from such date as the Governor of Nagaland may by
public notification in this behalf specify, there shall be established
a regional council for the Tuensang district consisting of thirty-five
members and the Governor shall in his discretion make rules
providing for—
(i) the composition of the regional council and the manner
in which the members of the regional council shall be chosen:
Provided that the Deputy Commissioner of the Tuensang district shall be the
Chairman ex officio of the regional council and the Vice-Chairman of the regional
council shall be elected by the members thereof from amongst themselves;
(ii) the qualifications for being chosen as, and for being, members of the
regional council;
(iii) the term of office of, and the salaries and allowances, if any, to be
paid to members of, the regional council;
(iv) the procedure and conduct of business of the regional council;
(v) the appointment of officers and staff of the regional council and their
conditions of services; and
(vi) any other matter in respect of which it is necessary to make rules for
the constitution and proper functioning of the regional council.
(2) Notwithstanding anything in this Constitution, for a period of ten years from the
date of the formation of the State of Nagaland or for such further period as the Governor

may, on the recommendation of the regional council, by public notification specify in
this behalf,—
(a) the administration of the Tuensang district shall be carried on by the
Governor;
(b) where any money is provided by the Government of India to the Government
of Nagaland to meet the requirements of the State of Nagaland as a whole, the
Governor shall in his discretion arrange for an equitable allocation of that money
between the Tuensang district and the rest of the State;
(c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless
the Governor, on the recommendation of the regional council, by public notification
so directs and the Governor in giving such direction with respect to any such Act may
direct that the Act shall in its application to the Tuensang district or any part thereof
have effect subject to such exceptions or modifications as the Governor may specify
on the recommendation of the regional council:
Provided that any direction given under this sub-clause may be given so as to
have retrospective effect;
(d) the Governor may make regulations for the peace, progress and good
government of the Tuensang district and any regulations so made may repeal or
amend with retrospective effect, if necessary, any Act of Parliament or any other law
which is for the time being applicable to that district;
(e) (i) one of the members representing the Tuensang district in the Legislative
Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the
Governor on the advice of the Chief Minister and the Chief Minister in tendering his
advice shall act on the recommendation of the majority of the members as aforesaid;
(ii) the Minister for Tuensang affairs shall deal with, and have
direct access to the Governor on, all matters relating to the
Tuensang district but he shall keep the Chief Minister informed
about the same;
(f) notwithstanding anything in the foregoing provisions of this
clause, the final decision on all matters relating to the Tuensang
district shall be made by the Governor in his discretion;
(g) in articles 54 and 55 and clause (4) of article 80, references
to the elected members of the Legislative Assembly of a State or to
each such member shall include references to the members or
member of the Legislative Assembly of Nagaland elected by the
regional council established under this article;
(h) in article 170—
(i) clause (1) shall, in relation to the Legislative Assembly
of Nagaland, have effect as if for the word “sixty”, the word
“forty-six” had been substituted;
(ii) in the said clause, the reference to direct election from
territorial constituencies in the State shall include election by
the members of the regional council established under this
article;
(iii) in clauses (2) and (3), references to territorial
constituencies shall mean references to territorial constituencies
in the Kohima and Mokokchung districts.
(3) If any difficulty arises in giving effect to any of the foregoing
provisions of this article, the President may by order do anything
(including any adaptation or modification of any other article) which
appears to him to be necessary for the purpose of removing that
difficulty:

Provided that no such order shall be made after the expiration of
three years from the date of the formation of the State of Nagaland.
Explanation..—In this article, the Kohima, Mokokchung and
Tuensang districts shall have the same meanings as in the State of
Nagaland Act, 1962.
371B. Special provision with respect to the State of Assam.—
Notwithstanding anything in this Constitution, the President may, by
order made with respect to the State of Assam, provide for the
constitution and functions of a committee of the Legislative Assembly
of the State consisting of members of that Assembly elected from the
tribal areas specified in Part I of the table appended to paragraph 20 of
the Sixth Schedule and such number of other members of that Assembly
as may be specified in the order and for the modifications to be made
in the rules of procedure of that Assembly for the constitution and
proper functioning of such committee.
371C. Special provision with respect to the State of Manipur.—
(1) Notwithstanding anything in this Constitution, the President may,
by order made with respect to the State of Manipur, provide for the
constitution and functions of a committee of the Legislative Assembly
of the State consisting of members of that Assembly elected from the
Hill Areas of that State, for the modifications to be made in the rules
of business of the Government and in the rules of procedure of the
Legislative Assembly of the State and for any special responsibility of
the Governor in order to secure the proper functioning of such
committee.
(2) The Governor shall annually, or whenever so required by the President, make a
report to the President regarding the administration of the Hill Areas in the State of
Manipur and the executive power of the Union shall extend to the giving of directions to
the State as to the administration of the said areas.
Explanation.—In this article, the expression “Hill Areas” means such areas as the
President may, by order, declare to be Hill areas.
371D. Special provisions with respect to the State of Andhra Pradesh.—(1) The
President may by order made with respect to the State of Andhra Pradesh provide,
having regard to the requirements of the State as a whole, for equitable opportunities and
facilities for the people belonging to different parts of the State, in the matter of public
employment and in the matter of education, and different provisions may be made for
various parts of the State.
(2) An order made under clause (1) may, in particular,—
(a) require the State Government to organise any class or classes of posts in a
civil service of, or any class or classes of civil posts under, the State into different
local cadres for different parts of the State and allot in accordance with such
principles and procedure as may be specified in the order the persons holding such
posts to the local cadres so organised;
(b) specify any part or parts of the State which shall be regarded as the local
area—
(i) for direct recruitment to posts in any local cadre (whether organised in
pursuance of an order under this article or constituted otherwise) under the State
Government;
(ii) for direct recruitment to posts in any cadre under any local authority
within the State; and
(iii) for the purposes of admission to any University within the State or to any
other educational institution which is subject to the control of the State
Government;

(c) specify the extent to which, the manner in which and the conditions subject to
which, preference or reservation shall be given or made—
(i) in the matter of direct recruitment to posts in any such cadre referred to
in sub-clause (b) as may be specified in this behalf in the order;
(ii) in the matter of admission to any such University or other educational
institution referred to in sub-clause (b) as may be specified in this behalf in the
order,
to or in favour of candidates who have resided or studied for any
period specified in the order in the local area in respect of such cadre,
University or other educational institution, as the case may be.
(3) The President may, by order, provide for the constitution of an
Administrative Tribunal for the State of Andhra Pradesh to exercise
such jurisdiction, powers and authority [including any jurisdiction,
power and authority which immediately before the commencement of
the Constitution (Thirty-second Amendment) Act, 1973, was
exercisable by any court (other than the Supreme Court) or by any
tribunal or other authority] as may be specified in the order with
respect to the following matters, namely:—
(a) appointment, allotment or promotion to such class or classes
of posts in any civil service of the State, or to such class or classes
of civil posts under the State, or to such class or classes of posts
under the control of any local authority within the State, as may be
specified in the order;
(b) seniority of persons appointed, allotted or promoted to such
class or classes of posts in any civil service of the State, or to such
class or classes of civil posts under the State, or to such class or
classes of posts under the control of any local authority within the
State, as may be specified in the order;
(c) such other conditions of service of persons appointed,
allotted or promoted to such class or classes of posts in any civil
service of the State or to such class or classes of civil posts under
the State or to such class or classes of posts under the control of any
local authority within the State, as may be specified in the order.
(4) An order made under clause (3) may—
(a) authorise the Administrative Tribunal to receive
representations for the redress of grievances relating to any
matter within its jurisdiction as the President may specify in the
order and to make such orders thereon as the Administrative
Tribunal deems fit;
(b) contain such provisions with respect to the powers and
authorities and procedure of the Administrative Tribunal
(including provisions with respect to the powers of the
Administrative Tribunal to punish for contempt of itself) as the
President may deem necessary;
(c) provide for the transfer to the Administrative Tribunal of
such classes of proceedings, being proceedings relating to
matters within its jurisdiction and pending before any court
(other than the Supreme Court) or tribunal or other authority
immediately before the commencement of such order, as may
be specified in the order;
(d) contain such supplemental, incidental and consequential
provisions (including provisions as to fees and as to limitation,
evidence or for the application of any law for the time being in