The Union Territories Laws (Amendment) Bill, 2026 |The LexSphere Library

SECTION Section 10

Untitled Section

8.Rights of citizenship of certain persons of Indian origin residing

•outside India.

SECTION Section 100

Untitled Section

92.The Chairman or the Deputy Chairman not to preside while a

•resolution for his removal from office is under consideration.

SECTION Section 1000

Untitled Section

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•Constitution and not previously repealed, notwithstanding that it or parts of it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.

SECTION Section 1001

Untitled Section

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.

•166 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

(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.

SECTION Section 1002

Untitled Section

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.

•1[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 2[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.]

•______________________________________________

SECTION Section 1003

Untitled Section

1.Ins. bythe Constitution (Seventh Amendment) Act, 1956, s. 19(w.e.f. 1-11-1956).

SECTION Section 1004

Untitled Section

2.Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for

•"Madras" (w.e.f. 14-1-1969).

•167 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

SECTION Section 1005

Untitled Section

291.[Privy purse sums of Rulers.].—Omitted by the Constitution

•(Twenty-sixth Amendment)Act,1971, s. 2 (w.e.f. 28-12-1971).

SECTION Section 1006

Untitled Section

•CHAPTER II.—BORROWING

SECTION Section 1007

Untitled Section

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.

SECTION Section 1008

Untitled Section

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.

SECTION Section 1009

Untitled Section

•CHAPTER III.—PROPERTY,CONTRACTS,RIGHTS,LIABILITIES,

•OBLIGATIONS AND SUITS

SECTION Section 101

Untitled Section

93.The Speaker and Deputy Speaker of the House of the People.

SECTION Section 1010

Untitled Section

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

•168 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

(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.

SECTION Section 1011

Untitled Section

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).

SECTION Section 1012

Untitled Section

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:

•169 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

•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.

•1[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.]

•2[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.]

•______________________________________________

SECTION Section 1013

Untitled Section

1.Subs. by the Constitution(Fortieth Amendment) Act, 1976,s. 2(w.e.f. 27-5-1976).

SECTION Section 1014

Untitled Section

2.Subs. by the Constitution (Seventh Amendment) Act, 1956,s. 20 (w.e.f. 1-11-1956).

•170 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

SECTION Section 1015

Untitled Section

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 Governor1***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 1*** by such persons

•and in such manner as he may direct or authorise.

(2)Neither the President nor the Governor2***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.

SECTION Section 1016

Untitled Section

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.

•3[CHAPTER IV.—RIGHT 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.]

•______________________________________________

SECTION Section 1017

Untitled Section

1.The words "or the Rajpramukh" omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1018

Untitled Section

2.The words "nor the Rajpramukh" omitted by s. 29and Sch., ibid.(w.e.f. 1-11-1956).

SECTION Section 1019

Untitled Section

3.Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 34 (w.e.f. 20-6-1979).

•PART XIII

•TRADE, COMMERCE AND INTERCOURSE WITHIN THE

•TERRITORY OF INDIA

SECTION Section 102

Untitled Section

94.Vacation and resignation of, and removal from, the offices of

•Speaker and Deputy Speaker.

SECTION Section 1020

Untitled Section

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.

SECTION Section 1021

Untitled Section

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.

SECTION Section 1022

Untitled Section

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.

SECTION Section 1023

Untitled Section

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 1[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:

•______________________________________________

SECTION Section 1024

Untitled Section

1.Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

•(w.e.f. 1-11-1956).

•171

•172 THE CONSTITUTION OF INDIA

•(Part XIII.—Trade, Commerce and Intercourse within the Territory of India)

•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.

•1[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.]

SECTION Section 1025

Untitled Section

306.[Power of certain States in Part B of the First Schedule to

•impose restrictions on trade and commerce.].—Omitted by the Constitution

•(Seventh Amendment)Act, 1956, s. 29and Sch.(w.e.f. 1-11-1956)

SECTION Section 1026

Untitled Section

307.Appointment of authority for carrying out the purposes of

SECTION Section 1027

Untitled Section

•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.

•______________________________________________

SECTION Section 1028

Untitled Section

1.Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 4, for art. 305

•(w.e.f. 27-4-1955).

•PART XIV

•SERVICES UNDER THE UNION AND THE STATES

SECTION Section 1029

Untitled Section

•CHAPTER I.— SERVICES

SECTION Section 103

Untitled Section

95.Power of the Deputy Speaker or other person to perform the

•duties of the office of, or to act as, Speaker.

•(vii) Contents

SECTION Section 1030

Untitled Section

308.Interpretation.—In this Part, unless the context otherwise requires,

•the expression “State” 1[does not include the State of Jammu and Kashmir].

SECTION Section 1031

Untitled Section

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 Governor2***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.

SECTION Section 1032

Untitled Section

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 3*** 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 Governor2***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 42***, as the case may be, deems it

•______________________________________________

SECTION Section 1033

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "means

•a State specified in Part A or Part B of the First Schedule"(w.e.f. 1-11-1956).

SECTION Section 1034

Untitled Section

2.The words "or Rajpramukh" omitted bys.29 and Sch., ibid(w.e.f. 1-11-1956).

SECTION Section 1035

Untitled Section

3.The words "or, as the case may be,the Rajpramukh" omitted by s.29 and Sch., ibid..

•(w.e.f. 1-11-1956).

•173

•174 THE CONSTITUTION OF INDIA

•(Part XIV.—Services under the Union and the States)

•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.

SECTION Section 1036

Untitled Section

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.

•1[(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 charges2***:

•3[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

SECTION Section 1037

Untitled Section

•clause (2), the decision thereon of the authority empowered to dismiss or

•remove such person or to reduce him in rank shall be final.]

•______________________________________________

SECTION Section 1038

Untitled Section

1.Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3)

•(w.e.f. 5-10-1963).

SECTION Section 1039

Untitled Section

2.Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44

•(w.e.f. 3-1-1977).

SECTION Section 1040

Untitled Section

3.Subs. by s. 44, ibid.,for certain words (w.e.f. 3-1-1977).

•175 THE CONSTITUTION OF INDIA

•(Part XIV.—Services under the Union and the States)

SECTION Section 1041

Untitled Section

312.All-India services.—(1) Notwithstanding anything in 1[Chapter VI

•of Part VI or Part XI], if the Council of States has declared by resolution

•supported by not less than two-thirds of the members present and voting that it

•is necessary or expedient in the national interest so to do, Parliament may by

•law provide for the creation of one or more all India services 2[(including an

•all-India judicial service)]common to the Union and the States, and, subject to

•the other provisions of this Chapter, regulate the recruitment, and the

•conditions of service of persons appointed, 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.

•2[(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.]

•3[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;

•______________________________________________

SECTION Section 1042

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45,for "Part XI"

•(w.e.f. 3-1-1977).

SECTION Section 1043

Untitled Section

2.Ins. by s. 45, ibid.(w.e.f. 3-1-1977).

SECTION Section 1044

Untitled Section

3.Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-8-1972).

•176 THE CONSTITUTION OF INDIA

•(Part XIV.—Services under the Union and the States)

(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

SECTION Section 1045

Untitled Section

•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

SECTION Section 1046

Untitled Section

•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.]

•177 THE CONSTITUTION OF INDIA

•(Part XIV.—Services under the Union and the States)

SECTION Section 1047

Untitled Section

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.

SECTION Section 1048

Untitled Section

314.[Provision for protection of existing officers of certain services.].—

•Omitted by the Constitution (Twenty-eighth Amendment) Act, 1972,

s.3(w.e.f. 29-8-1972).

SECTION Section 1049

Untitled Section

•CHAPTER II.—PUBLIC SERVICE COMMISSIONS

SECTION Section 105

Untitled Section

96.The Speaker or the Deputy Speaker not to preside while a

•resolution for his removal from office is under consideration.

SECTION Section 1050

Untitled Section

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 1*** 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.

SECTION Section 1051

Untitled Section

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:

•______________________________________________

SECTION Section 1052

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•178 THE CONSTITUTION OF INDIA

•(Part XIV.—Services under the Union and the States)

•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.

•1[(1A) If the office of the Chairman of the Commission becomes vacant

•or if any such Chairman is by reason of absence or for any other reason unable

•to perform 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 2[sixty-two

•years], whichever is earlier:

•Provided that—

(a)a member of a Public Service Commission may, by writing under

•his hand addressed, in the case of the Union Commission or a Joint

•Commission, to the President, and in the case of a State Commission, to

•the Governor3***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

SECTION Section 1053

Untitled Section

•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.

•______________________________________________

SECTION Section 1054

Untitled Section

1.Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11 (w.e.f. 5-10-1963).

SECTION Section 1055

Untitled Section

2.Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for "sixty years"

•(w.e.f. 7-9-1976).

SECTION Section 1056

Untitled Section

3.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•179 THE CONSTITUTION OF INDIA

•(Part XIV.—Services under the Union and the States)

SECTION Section 1057

Untitled Section

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

SECTION Section 1058

Untitled Section

•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 Governor1***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

SECTION Section 1059

Untitled Section

•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.

SECTION Section 106

Untitled Section

97.Salaries and allowances of the Chairman and Deputy Chairman

•and the Speaker and Deputy Speaker.

SECTION Section 1060

Untitled Section

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 Governor1*** of the State may by regulations—

•______________________________________________

SECTION Section 1061

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•180 THE CONSTITUTION OF INDIA

•(Part XIV.—Services under the Union and the States)

(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.

SECTION Section 1062

Untitled Section

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.

SECTION Section 1063

Untitled Section

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—

•181 THE CONSTITUTION OF INDIA

•(Part XIV.—Services under the Union and the States)

(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 Governor1***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 Governor2***, 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

SECTION Section 1064

Untitled Section

•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.

•______________________________________________

SECTION Section 1065

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1066

Untitled Section

2.The words "or Rajpramukh, as the case may be"omitted by s. 29 and Sch. ibid.

•(w.e.f. 1-11-1956).

•182 THE CONSTITUTION OF INDIA

•(Part XIV.—Services under the Union and the States)

(5)All regulations made under the proviso to clause (3) by the President

•or the Governor 1*** of a State shall be laid for not less than fourteen days

•before 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.

SECTION Section 1067

Untitled Section

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.

SECTION Section 1068

Untitled Section

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.

SECTION Section 1069

Untitled Section

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

•Governor1*** 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

•Governor1***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 2***, 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.

•______________________________________________

SECTION Section 107

Untitled Section

98.Secretariat of Parliament.

•Conduct of Business

SECTION Section 1070

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1071

Untitled Section

2.The words "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. ibid.

•(w.e.f. 1-11-1956).

•1[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.

•______________________________________________

SECTION Section 1072

Untitled Section

1.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 46(w.e.f. 3-1-1977).

•183

•184 THE CONSTITUTION OF INDIA

•(Part XIVA.—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

SECTION Section 1073

Untitled Section

•clause (2) with respect to which such Legislature has power to make laws.

(2)The matters referred to in clause (1) are the following, namely:—

(a)levy, assessment, collection and enforcement of any tax;

(b)foreign exchange, import and export across customs frontiers;

(c)industrial and labour disputes;

(d)land reforms by way of acquisition by the State of any estate as

•defined in article 31A or of any rights therein or the extinguishment or

•modification of any such rights or by way of ceiling on agricultural land

•or in any other way;

(e)ceiling on urban property;

(f)elections to either House of Parliament or the House or either

•House of the Legislature of a State, but excluding the matters referred to

•in article 329 and article 329A;

(g)production, procurement, supply and distribution of 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;

•1[(h) rent, its regulation and control and tenancy issues including the

•right, title and interest of landlords and tenants;]

•2[(i)] offences against laws with respect to any of the matters

•specified in sub-clauses (a) to 3[(h)]and fees in respect of any of those

•matters;

•______________________________________________

SECTION Section 1074

Untitled Section

1.Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994).

SECTION Section 1075

Untitled Section

2.Sub-clause (h)re-lettered as sub-clause(i)by s. 2, ibid.(w.e.f. 15-5-1994).

3.Subs.by s. 2, ibid., for the brackets and letter “(g)” (w.e.f. 15-5-1994).

•185 THE CONSTITUTION OF INDIA

•(Part XIVA.—Tribunals)

•1[(j)] any matter incidental to any of the matters specified in

•sub-clauses (a) to 2[(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.]

•______________________________________________

SECTION Section 1076

Untitled Section

1.Sub-clause (i) re-lettered as sub-clause (j) by the Constitution (Seventy-fifth

•Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994).

SECTION Section 1077

Untitled Section

2.Subs. by s. 2,ibid, for“(h)”(w.e.f. 15-5-1994).

•PART XV

•ELECTIONS

SECTION Section 1078

Untitled Section

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 1*** 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:

•______________________________________________

SECTION Section 1079

Untitled Section

1.The words"including the appointment of election tribunals for the decision of doubts

•and disputes arising outof or in connection with elections to Parliament and to the

•Legislatures of States" omitted by the Constitution (Nineteenth Amendment)

•Act, 1966, s.2 (w.e.f. 11-12-1966).

•186

•187 THE CONSTITUTION OF INDIA

•(Part XV.—Elections)

•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 1*** 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

SECTION Section 108

Untitled Section

99.Oath or affirmation by members.

SECTION Section 1080

Untitled Section

•clause (1).

SECTION Section 1081

Untitled Section

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.

SECTION Section 1082

Untitled Section

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 2[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.

SECTION Section 1083

Untitled Section

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.

•______________________________________________

SECTION Section 1084

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1085

Untitled Section

2.Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for "twenty-one

•years" (w.e.f. 28-3-1989).

•188 THE CONSTITUTION OF INDIA

•(Part XV.—Elections)

SECTION Section 1086

Untitled Section

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.

SECTION Section 1087

Untitled Section

329.Bar to interference by courts in electoral matters.—

•1[Notwithstanding anything in this Constitution2***—]

(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.

3329A.[Special provision as to elections to Parliament in the case of

•Prime Minister and Speaker.].—Omitted by the Constitution (Forty-fourth

•Amendment)Act, 1978,s. 36 (w.e.f.20-6-1979).

•______________________________________________

1.Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s.3, for certain words

•(w.e.f. 10-8-1975).

SECTION Section 1088

Untitled Section

2.The words, figures and letter "but subject to the provisions of article 329A" omitted by

•the Constitution (Forty-fourth Amendment) Act, 1978, s.35 (w.e.f. 20-6-1979).

SECTION Section 1089

Untitled Section

3.Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s.4 (w.e.f. 10-8-1975).

•PART XVI

•SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

SECTION Section 109

Untitled Section

100.Voting in Houses, power of Houses to act notwithstanding

•vacancies and quorum.

•Disqualifications of Members

SECTION Section 1090

Untitled Section

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;

•1[(b) the Scheduled Tribes except the Scheduled Tribes in the

•autonomous districts of Assam; and]

(c)the Scheduled Tribes in the autonomous districts of Assam.

(2)The number of seats reserved in any State 2[or Union territory] for

•the Scheduled Castes or the 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 2[or Union territory]in the House of the People as the population of

•the Scheduled Castes in the State 2[or Union territory] or of the Scheduled

•Tribes in the State 2[or Union territory]or part of the State 2[or Union territory],

•as the case may be, in respect of which seats are so reserved, bears to the total

•population of the State 2[or Union territory].

•3[(3) Notwithstanding anything contained in clause (2), the number of

•seats reserved in the House of 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.]

•4[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 5[2026] have been

•published, be construed as a reference to the 6[2001]census.]

•______________________________________________

1.Subs. By the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause (b)

•(w.e.f. 16-6-1986).

SECTION Section 1091

Untitled Section

2.Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

3.Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3 (w.e.f. 17-10-1973).

SECTION Section 1092

Untitled Section

4.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47(w.e.f. 3-1-1977).

SECTION Section 1093

Untitled Section

5.Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for "2000" (w.e.f. 21-2-2002).

SECTION Section 1094

Untitled Section

6.Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for "1991" (w.e.f. 22-6-2003).

•189

•190 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

•1[330A. Reservation of seats for women in the House of the People.-

(1)Seats shall be reserved for women in the House of the People.

(2)As nearly as may be, one-third of the total number of seats reserved

•under clause (2) of article 330 shall be reserved for women belonging to the

•Scheduled Castes or the Scheduled Tribes.

(3)As nearly as may be, 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 to the House

•of the People shall be reserved for women.]

SECTION Section 1095

Untitled Section

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.

SECTION Section 1096

Untitled Section

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, 2[except the Scheduled Tribes

•in the autonomous districts of Assam], in the Legislative Assembly of every

•State3***.

(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.

•4[(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 5[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,—

•______________________________________________

SECTION Section 1097

Untitled Section

1.Ins. by the Constitution (One Hundred and Sixth Amendment) Act, 2023, s.3 (date yet to be

•notified).

SECTION Section 1098

Untitled Section

2.Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f. 16-6-1986).

SECTION Section 1099

Untitled Section

3.The words and letters "specified in Part A or Part B of the First Schedule" omitted by the

•Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

4.Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, s. 2 (w.e.f. 21-9-1987).

SECTION Section 11

Untitled Section

9.Persons voluntarily acquiring citizenship of a foreign State not to

•be citizens.

SECTION Section 110

Untitled Section

101.Vacation of seats.

SECTION Section 1100

Untitled Section

5.Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for "2000" (w.e.f. 21-2-2002).

•191 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

(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.]

•1[(3B) Notwithstanding anything contained in clause (3), until the

•re-adjustment, under article 170, takes effect on the basis of the first census

•after the year 2[2026], of the number of seats in the Legislative Assembly of 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 district3***.

(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 district3***:

•4[Provided that for elections to the Legislative Assembly of the State of

•______________________________________________

SECTION Section 1101

Untitled Section

1.Ins. by the Constitition (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f. 5-12-1992).

SECTION Section 1102

Untitled Section

2.Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for "2000"

•(w.e.f. 21-2-2002).

SECTION Section 1103

Untitled Section

3.Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),

s.71 (w.e.f. 21-1-1972).

SECTION Section 1104

Untitled Section

4.Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2 (w.e.f. 28-9-2003).

•192 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

•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.]

•1[332A. Reservation of seats for women in the Legislative

•Assemblies of the States.— (1) Seats shall be reserved for women in the

•Legislative Assembly of every State.

(2)As nearly as may be, one-third of the total number of seats reserved

•under clause (3) of article 332 shall be reserved for women belonging to the

•Scheduled Castes or the Scheduled Tribes.

(3)As nearly as may be , one-third (including the number of seats

•reserved for women belonging to the Scheduled Castes and the Sceduled

•Tribes) of the total number of seats to be filled by direct election in the

•Legislative Assembly of every State shall be reserved for women.]

SECTION Section 1105

Untitled Section

333.Representation of the Anglo-Indian community in the

•Legislative Assemblies of the States.—Notwithstanding anything in article

•170, the Governor2***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, 3[nominate one member of that community

•to the Assembly].

SECTION Section 1106

Untitled Section

334.4[Reservation of seats and special representation to cease after

•certain period].—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,

•______________________________________________

1.Ins. by the Constitution (One Hundred and Sixth Amendment) Act, 2023, s.4 (date yet to be

•notified).

SECTION Section 1107

Untitled Section

2.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956,

s.29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1108

Untitled Section

3.Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for "nominate such

•number of members of the community to the Assembly as he considers appropriate"

•(w.e.f. 23-1-1970).

SECTION Section 1109

Untitled Section

4.Subs. by the Constitution (One hundred and fourth Amendment) Act, 2019, s. 2, for

•marginal heading (w.e.f. 25-1-2020).

•193 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

•shall cease to have effect on the expiration of a period of 1[eighty years in

•respect of clause (a) and seventy years in respect of clause (b)] 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.

•2[334A. Reservation of seats for women take effect. — (1)

•Notwithstanding anything in the foregoing provision of this Part or Part VIII,

•the provisions of the Constitution relating to the reservation of seats for women

•in the House of the People, the Legislative Assembly of a State and the

•Legislative Assembly of the National Capital Territory of Delhi shall come into

•effect after an exercise of delimitationis undertaken for this purpose after the

•relevant figures for the first census taken after commencement of the

•Constitution (One Hundred and Sixth Amendment) Act, 2023 have been

•published and shall cease to have effect on the expiration of a period of fifteen

•years from such commencement.

(2)Subject to the provisions of articles 239AA, 330A and 332A, seats

•reserved for women in the House of the People, the Legislative Assembly of a

•State and the Legislative Assembly of the National Capital Territory of Delhi

•shall continue till such date as the Parliament may by law determine.

(3)Rotation of seats reserved for women in the House of the People, the

•Legislative Assembly of a State and the Legislative Assembly of the National

•Capital Territory of Delhi shall take effect after each subsequent exercise of

•delimitation as the Parliament may by law determine.

(4)Nothing in this article shall affect any representation in the House of

•the People, the Legislative Assembly of a State or the Legislative Assembly of

•the National Capital Territory of Delhi until the dissolution of the then existing

•House of the People, Legislative Assembly of a State or the Legislative

•Assembly of the National Capital Territory of Delhi.]

SECTION Section 111

Untitled Section

102.Disqualifications for membership.

SECTION Section 1110

Untitled Section

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:

•______________________________________________

SECTION Section 1111

Untitled Section

1.Subs.by the Constitution (One Hundred and Fourth Amendment) Act, 2019, s. 2, for

•“seventy years” (w.e.f. 25-1-2020). The words “seventy years” subs. for “sixty years” by

•the Constitution (Ninety-fifth Amendment) Act, 2009,s.2(w.e.f. 25-1-2010).The words

•“sixty years” subs.for “fifty years” by the Constitution (Seventy-ninth Amendment) Act,

•1999, s. 2 (w.e.f. 25-1-2000). The words “fifty years” subs. for “forty years” by the

•Constitution (Sixty-second Amendment) Act, 1989, s. 2(w.e.f. 20-12-1989). The words

•“forty years” subs. for “thirty years” by the Constitution (Forty-fifth Amendment) Act,

•1980, s. 2(w.e.f. 25-1-1980).

SECTION Section 1112

Untitled Section

2.Ins. by the Constitution (One Hundred and Sixth Amendment) Act, 2023, s.5 (date yet

•to be notified).

•194 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

•1[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.]

SECTION Section 1113

Untitled Section

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.

SECTION Section 1114

Untitled Section

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 State2***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.

•______________________________________________

SECTION Section 1115

Untitled Section

1.Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000).

SECTION Section 1116

Untitled Section

2.The words and letters "specified in Part A or Part B of the First Schedule" omittedby

•the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•195 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

SECTION Section 1117

Untitled Section

338.1[National Commission for Scheduled Castes].—2[3[(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 Castes4***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 Castes4***;

(c)to participate and advise on the planning process of

•socio-economic development of the Scheduled Castes 1*** and to

•evaluate the progress of their development under the Union and any

•State;

(d)to present to the President, annually and at such other times as the

•Commission may deem fit, reports upon the working of those safeguards;

(e)to make in such reports recommendations as to the measures that

•should be taken by the Union or any State for the effective implementation of

•______________________________________________

SECTION Section 1118

Untitled Section

1.Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for the marginal

•heading (w.e.f. 19-2-2004).

2.Subs. by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2, for cls. (1) and (2)

•(w.e.f. 12-3-1992).

SECTION Section 1119

Untitled Section

3.Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for cls. (1) and

(2)(w.e.f. 19-2-2004).

SECTION Section 112

Untitled Section

103.Decision on questions as to disqualifications of members.

SECTION Section 1120

Untitled Section

4.The words "and Scheduled Tribes" omitted by the Constitution (Eighty-ninth

•Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).

•196 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

•those safeguards and other measures for the protection, welfare and

•socio-economic development of the Scheduled Castes1***; and

(f)to discharge such other functions in relation to the protection, welfare

•and development and advancement of the Scheduled Castes1***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

SECTION Section 1121

Untitled Section

•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 Castes 1***].

•2[(10)] In this article, references to the Scheduled Castes 1*** shall be

•construed as including references 3*** to the Anglo-Indian community.

•4[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.

•______________________________________________

SECTION Section 1122

Untitled Section

1.The words "and Scheduled Tribes" omitted by the Constitution (Eighty-ninth

•Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).

SECTION Section 1123

Untitled Section

2.Cl. (3) renumbered as cl. (10) by the Constitution (Sixty-fifth Amendment) Act, 1990,

s.2 (w.e.f. 12-3-1992).

SECTION Section 1124

Untitled Section

3.The words, brackets and figures "to such other backward classes as the President may,

•on receipt of the report of a Commission appointed under cl. (1) of article 340, by

•order specify and also" omitted by the Constitution (One Hundred and Second

•Amendment) Act, 2018, s. 2 (w.e.f. 15-8-2018).

SECTION Section 1125

Untitled Section

4.Art 338A ins. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 3

•(w.e.f. 19-2-2004).

•197 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

(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 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 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 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.

•198 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

(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

SECTION Section 1126

Untitled Section

•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.]

•1[338B.National Commission for Backward Classes.—(1)There shall

•be a Commission for the socially and educationally backward classes to be

•known as the National Commission for Backward Classes.

(2)Subject to the provisions of any law made in this behalf by

•Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson

•andthree other Members and the conditions of service andtenure of office of

•the Chairperson, Vice-Chairperson and other Members so appointed shall be

•such as the President may byrule 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 socially and educationally backward classes 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 socially and educationally

•backward classes;

(c)to participate and advise on the socio-economic development

•of the socially and educationally backward classes and to evaluate the

•progress of their development under the Union and any State;

•______________________________________________

1.Art 338B ins. by the Constitution (One Hundred and Second Amendment) Act, 2018,

s.3 (w.e.f. 15-8-2018).

•199 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

(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 the 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 socially and

•educationally backward classes; and

(f)to discharge such other functions in relation to the protection,

•welfare and development and advancement of the socially and

•educationally backward classes 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 State Government which 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, ifany, 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

SECTION Section 1127

Untitled Section

•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 the socially and

•educationally backward classes:]

•200 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

•1[Provided that nothing in this clause shall apply for the purposes of

SECTION Section 1128

Untitled Section

•clause (3) of article 342A.]

SECTION Section 1129

Untitled Section

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 States2***.

•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 3[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.

SECTION Section 113

Untitled Section

104.Penalty for sitting and voting before making oath or affirmation

•under article99 or when not qualified or when disqualified.

•Powers, Privileges and Immunities of Parliament and its

•Members

SECTION Section 1130

Untitled Section

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.

SECTION Section 1131

Untitled Section

341.Scheduled Castes.—(1) The President 4[may with respect to any

•State 5[or Union territory], and where it is a State2***, after consultation with

•______________________________________________

SECTION Section 1132

Untitled Section

1.Ins. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 2

•(w.e.f. 15-9-2021).

SECTION Section 1133

Untitled Section

2.The words and letters for "specified in Part A or Part B of the First Schedule" omittedby

•the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1134

Untitled Section

3.Subs. by s. 29 and Sch. ibid.for "any such State" (w.e.f. 1-11-1956).

SECTION Section 1135

Untitled Section

4.Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for "may, after

•consultation with the Governor or Rajpramukh of a State" (w.e.f. 18-6-1951).

SECTION Section 1136

Untitled Section

5.Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

•(w.e.f. 1-11-1956).

•201 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

•the Governor 1*** thereof], by public notification2, 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 3[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.

SECTION Section 1137

Untitled Section

342.Scheduled Tribes.—(1) The President 4[may with respect to any

•State 3[or Union territory], and where it is a State 45***, after consultation with

•the Governor31***thereof], by public notification6,5specify 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 3[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.

•______________________________________________

SECTION Section 1138

Untitled Section

1.The words "or Rajpramukh" omitted by the constitution (Seventh Amendment) Act,

•1956,s. 29 and Sch., ibid.(w.e.f. 1-11-1956).

SECTION Section 1139

Untitled Section

2.See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution

•(Scheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the Constitution

•(Jammu and Kashmir) Scheduled Castes Order, 1956 (C.O. 52), the Constitution

•(Dadra and Nagar Haveli) (Scheduled Castes) Order, 1962 (C.O. 64), the Constitution

•(Pondicherry) Scheduled Castes Order, 1964 (C.O. 68), the Constitution (Goa, Daman

•and Diu) Scheduled Castes Order, 1968 (C.O. 81) and the Constitution (Sikkim)

•Scheduled Castes Order, 1978 (C.O. 110).

SECTION Section 114

Untitled Section

105.Powers, privileges, etc., of the Houses of Parliament and of the

•members and committees thereof.

SECTION Section 1140

Untitled Section

3.Ins. by the Constitutiton (Seventh Amendment) Act, 1956, s. 29 and Sch.

•(w.e.f. 1-11-1956).

SECTION Section 1141

Untitled Section

4.Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for "may, after

•consultation with the Governor or Rajpramukh of State" (w.e.f. 18-6-1951).

SECTION Section 1142

Untitled Section

5.Certain words Omitted by the constitution (Seventh Amendment) Act, 1956,s. 29 and

Sch.,ibid, (w.e.f. 1-11-1956).

SECTION Section 1143

Untitled Section

6.See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution

•(Scheduled Tribes) (Union Territories) Order, 1951 (C.O. 33), the Constitution

•(Andaman and Nicobar Islands) (Scheduled Tribes) Order, 1959 (C.O. 58), the

•Constitution (Dadra and Nagar Haveli) (Scheduled Tribes) Order, 1962(C.O. 65), the

•Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 (C.O. 78), the

•Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 (C.O. 82), the

•Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O. 88) the Constitution

•(Sikkim) Scheduled TribesOrder, 1978 (C.O. 111).

•202 THE CONSTITUTION OF INDIA

•(Part XVI.—Special Provisions Relating to Certain Classes)

•1[342A. Socially and educationally backward classes.—(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 2[the socially and educationally backward classes in the Central List

•which shall for the purposes of the Central Government] be deemed to be

•socially and educationally backward classes in relation to that State or Union

•territory, as the case may be.

(2)Parliament may by law include in or exclude from the Central List of

•socially and educationally backward classes specified in a notification issued

•under clause (1) any socially and educationally backward class, but save as

•aforesaid a notification issued under the said clause shall not be varied by any

•subsequent notification.]

•3[Explanation.—For the purposes of clauses (1) and (2), the expression

•“Central List” means the list of socially and educationally backward classes

•prepared and maintained by and for the Central Government.

(3)Notwithstanding any contained in clauses (1) and (2), every State or

•Union territory may, by law, prepare and maintain,for its own purposes, a list

•of socially and educationally backward classes, entries in which may be

•different from the Central List.]

•______________________________________________

SECTION Section 1144

Untitled Section

1.Art 342 A ins. by the Constitution (One Hundred and Second Amendment) Act, 2018,

s.4 (w.e.f. 15-8-2018).

SECTION Section 1145

Untitled Section

2.Subs. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 3 for

•socially and educationally backward classes which shall for the purposes of the

•Constitution (w.e.f. 15-9-2021).

SECTION Section 1146

Untitled Section

3.Ins. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 3

•(w.e.f. 15-9-2021).

•PART XVII

•OFFICIAL LANGUAGE

SECTION Section 1147

Untitled Section

•CHAPTER I.—LANGUAGE OF THE UNION

SECTION Section 1148

Untitled Section

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 order1

•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.

SECTION Section 1149

Untitled Section

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;

•______________________________________________

SECTION Section 115

Untitled Section

106.Salaries and allowances of members.

•Legislative Procedure

SECTION Section 1150

Untitled Section

1.SeeC.O. 41.

•203

•204 THE CONSTITUTION OF INDIA

•(Part XVII—LANGUAGE)

(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 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.

SECTION Section 1151

Untitled Section

•CHAPTER II.—REGIONAL LANGUAGES

SECTION Section 1152

Untitled Section

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.

SECTION Section 1153

Untitled Section

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:

•205 THE CONSTITUTION OF INDIA

•(Part XVII—LANGUAGE)

•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.

SECTION Section 1154

Untitled Section

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.

SECTION Section 1155

Untitled Section

•CHAPTER III.—LANGUAGE OF THE SUPREME COURT,

•HIGH COURTS,ETC.

SECTION Section 1156

Untitled Section

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

•Governor1***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 1*** 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:

•______________________________________________

SECTION Section 1157

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•206 THE CONSTITUTION OF INDIA

•(Part XVII—LANGUAGE)

•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 1*** of the State or in any

•order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause,

•a translation of the same in the English language published under the authority of

•the Governor 1*** 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

SECTION Section 1159

Untitled Section

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.

SECTION Section 116

Untitled Section

107.Provisions as to introduction and passing of Bills.

SECTION Section 1160

Untitled Section

•CHAPTER IV.—SPECIAL DIRECTIVES

SECTION Section 1161

Untitled Section

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.

•2[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.

•______________________________________________

SECTION Section 1162

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1163

Untitled Section

2.Arts. 350A and 350B ins. by s.21., ibid.(w.e.f. 1-11-1956).

•207 THE CONSTITUTION OF INDIA

•(Part XVII—LANGUAGE)

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.]

SECTION Section 1164

Untitled Section

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

SECTION Section 1165

Untitled Section

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 1[armed

•rebellion], he may, by Proclamation, make a declaration to that effect 2[in

•respect of the whole of India or of such part of the territory thereof as may be

•specified in the Proclamation.]

•3[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.]

•4[(2) A Proclamation issued under clause (1) may be varied or revoked

•by a subsequent Proclamation.

(3)The President shall not issue a Proclamation under clause (1) or a

•Proclamation varying such 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:

•______________________________________________

SECTION Section 1166

Untitled Section

1.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37, for "internal

•disturbance" (w.e.f. 20-6-1979).

SECTION Section 1167

Untitled Section

2.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 48 (w.e.f. 3-1-1977).

SECTION Section 1168

Untitled Section

3.Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).

SECTION Section 1169

Untitled Section

4.Subs. by s. 37, ibid., for cls. (2), (2A) and (3)(w.e.f. 20-6-1979).

•208

•209 THE CONSTITUTION OF INDIA

•(Part XVIII.—EMERGENCY PROVISIONS)

•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 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.

•210 THE CONSTITUTION OF INDIA

•(Part XVIII.—EMERGENCY PROVISIONS)

(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

SECTION Section 117

Untitled Section

108.Joint sitting of both Houses in certain cases.

SECTION Section 1170

Untitled Section

•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.]

•1[(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 2[armed rebellion]or imminent danger of war or external

•aggression or 2[armed rebellion], whether or not there is a Proclamation

•already issued by the President under clause (1) and such Proclamation is in

operation.

•1* * * * * * * *

SECTION Section 1171

Untitled Section

353.Effect of Proclamation ofEmergency.—While a Proclamation

•ofEmergency 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:

•______________________________________________

SECTION Section 1172

Untitled Section

1.Cls. (4) and (5) ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (with

•retrospective effect) and subsequently cl. (4) renumbered as cl. (9) and cl. (5) omitted by

•the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).

SECTION Section 1173

Untitled Section

2.Subs. by s. 37, ibid.for "internal disturbance" (w.e.f. 20-6-1979).

•211 THE CONSTITUTION OF INDIA

•(Part XVIII.—EMERGENCY PROVISIONS)

•1[Provided that where a Proclamation of Emergency is in operation only

•in any part of the territory of India,—

(i)the executive power of the Union to give directions under

SECTION Section 1174

Untitled Section

•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.]

SECTION Section 1175

Untitled Section

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.

SECTION Section 1176

Untitled Section

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.

SECTION Section 1177

Untitled Section

356.Provisions in case of failure of constitutional machinery in

States.—(1) If the President, on receipt of a report from the Governor2***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—

•______________________________________________

SECTION Section 1178

Untitled Section

1.Added by the Constitution (Forty-second Amendment) Act, 1976, s. 49

•(w.e.f. 3-1-1977).

SECTION Section 1179

Untitled Section

2.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•212 THE CONSTITUTION OF INDIA

•(Part XVIII.—EMERGENCY PROVISIONS)

(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 Governor1*** 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.

•______________________________________________

1.The words "or Rajpramukh, as the case may be" omitted by the Constitution (Seventh

•Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•213 THE CONSTITUTION OF INDIA

•(Part XVIII.—EMERGENCY PROVISIONS)

(4)A Proclamation so approved shall, unless revoked, cease to operate

•on the expiration of a period of 1[six months from the date of issue of the

•Proclamation]:

•Provided that if and so often as a resolution approving the continuance in

•force of such a Proclamation is passed by both Houses of Parliament, the

•Proclamation shall, unless revoked, continue in force for a further period of

•2[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 2[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 theHouse of the People:

•3[Provided also that in the case of the Proclamation issued under

SECTION Section 118

Untitled Section

109.Special procedure in respect of Money Bills.

SECTION Section 1180

Untitled Section

•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 4[five years].]

•______________________________________________

SECTION Section 1181

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 50, for "six months"

•(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act,

•1978, s. 38, for "one year from the date of the passing of the second of the resolutions

•approving the Proclamation under clause (3)" (w.e.f. 20-6-1979).

SECTION Section 1182

Untitled Section

2.Subs. by s. 50, ibid.,for "six months" (w.e.f. 3-1-1977)and further subs. by s. 38,ibid.,

•for "one year", respectively (w.e.f. 20-6-1979).

SECTION Section 1183

Untitled Section

3.Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2 (w.e.f. 16-4-1990).

SECTION Section 1184

Untitled Section

4.Subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 (w.e.f. 4-10-1990)

•and further subs. by the Constitution (Sixty-eighth Amendment) Act, 1991, s. 2

•(w.e.f. 12-3-1991).

•214 THE CONSTITUTION OF INDIA

•(Part XVIII.—EMERGENCY PROVISIONS)

•1[(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:]

•2[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.]

SECTION Section 1185

Untitled Section

357.Exercise of legislative powers under Proclamation issued under

SECTION Section 1186

Untitled Section

•article 356.—(1) Where by a Proclamation issued under clause (1) of

SECTION Section 1187

Untitled Section

•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.

•______________________________________________

SECTION Section 1188

Untitled Section

1.Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 6 (with retrospective

•effect) and subsequently subs. by the Constitution (Forty-fourth Amendment)

•Act, 1978, s. 38, for cl. (5) (w.e.f. 20-6-1979).

SECTION Section 1189

Untitled Section

2.Proviso omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 2

•(w.e.f. 6-1-1990) andsubsequentlyins. by the Constitution (Sixty-fourth Amendment)

•Act, 1990, s. 2 (w.e.f. 16-4-1990).

•215 THE CONSTITUTION OF INDIA

•(Part XVIII.—EMERGENCY PROVISIONS)

•1[(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.]

SECTION Section 119

Untitled Section

110.Definition of “Money Bills”.

SECTION Section 1190

Untitled Section

358.Suspension of provisions of article 19 during emergencies.—

•2[(1)]3[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:

•4[Provided that 5[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.]

•6[(2) Nothing in clause (1) shall apply—

•______________________________________________

SECTION Section 1191

Untitled Section

1.Subs. by the Constitution (Forty-secondAmendment) Act, 1976, s. 51(w.e.f. 3-1-1977).

SECTION Section 1192

Untitled Section

2.Art. 358 re-numbered as cl. (1) by the Constitution (Forty-fourth Amendment)

•Act, 1978, s. 39(w.e.f. 20-6-1979).

SECTION Section 1193

Untitled Section

3.Subs. by s. 39, ibid, for "While a Proclamation of Emergency is in operation"

•(w.e.f. 20-6-1979).

SECTION Section 1194

Untitled Section

4.Added by the Constitution (Forty-second Amendment) Act, 1976, s. 52

•(w.e.f. 3-1-1977).

SECTION Section 1195

Untitled Section

5.Subs. by the Constitution (Forty-fourthAmendment) Act, 1978, s. 39, for "where a

•Proclamation of Emergency" (w.e.f. 20-6-1979).

SECTION Section 1196

Untitled Section

6.Ins. by s. 39,ibid.(w.e.f. 20-6-1979).

•216 THE CONSTITUTION OF INDIA

•(Part XVIII.—EMERGENCY PROVISIONS)

(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.]

SECTION Section 1197

Untitled Section

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 1[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.

•2[(1A) While an order made under clause (1) mentioning any of 1[the

•rights conferred by Part III (except articles 20 and 21)]is in operation, nothing

•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:]

•3[Provided that where a Proclamation of Emergency is in operation only

•in any part of the territory of India, any such law may be made, or any such

•executive 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.]

•______________________________________________

SECTION Section 1198

Untitled Section

1.Subs. by the Constitution (Forty-fourthAmendment) Act, 1978, s. 40, for "the rights

•conferred by Part III" (w.e.f. 20-6-1979).

SECTION Section 1199

Untitled Section

2.Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (with retrospective

•effect).

SECTION Section 12

Untitled Section

10.Continuance of the rights of citizenship.

SECTION Section 120

Untitled Section

111.Assent to Bills.

•Procedure in Financial Matters

SECTION Section 1200

Untitled Section

3.Added by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).

•217 THE CONSTITUTION OF INDIA

•(Part XVIII.—EMERGENCY PROVISIONS)

•1[(1B) Nothing in clause (1A) shall apply—

(a)to any law which does not contain a recital to the effect that

•such law is in relation to 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:

•2[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.

3359A.[Application of this Part to the State of Punjab.].—Omitted by

•the Constitution (Sixty-third Amendment)Act,1989,s.3(w.e.f.6-1-1990).

SECTION Section 1201

Untitled Section

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.

•4[(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;

•______________________________________________

SECTION Section 1202

Untitled Section

1.Ins. by the Constitution (Forty-fourthAmendment) Act, 1978, s. 40 (w.e.f. 20-6-1979).

SECTION Section 1203

Untitled Section

2.Added by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).

SECTION Section 1204

Untitled Section

3.Ins. by the Constitution (Fifty-ninth Amendment) Act, 1988, s. 3 (w.e.f. 30-3-1988)

•and ceased to operate on the expiry of a period of two years from the commencement

•of that Act, i.e. 30thday of March, 1988.

SECTION Section 1205

Untitled Section

4.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 41, for cl. (2)

•(w.e.f. 20-6-1979).

•218 THE CONSTITUTION OF INDIA

•(Part XVIII.—EMERGENCY PROVISIONS)

(c)shall cease to operate at the expiration of two months, unless

•before the expiration ofthat 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

SECTION Section 1206

Untitled Section

•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.

•1[(5) * * * * *]

•______________________________________________

SECTION Section 1207

Untitled Section

1.Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 8 (with retrospective

•effect) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 41

•(w.e.f. 20-6-1979).

•PART XIX

•MISCELLANEOUS

SECTION Section 1208

Untitled Section

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 Governor1***of a State, in any court during his

•term of office.

(3)No process for the arrest or imprisonment of the President, or the

•Governor1*** 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 Governor1***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 Governor1***of such State, until the expiration of two months

•next after notice in writing has been delivered to the President or the Governor

•1***, 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.

•______________________________________________

SECTION Section 1209

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•219

•220 THE CONSTITUTION OF INDIA

•(Part XIX.—MISCELLANEOUS)

•1[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.]

•2[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 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

SECTION Section 121

Untitled Section

112.Annual financial statement.

SECTION Section 1210

Untitled Section

•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

•______________________________________________

SECTION Section 1211

Untitled Section

1.Art. 361A ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 42

•(w.e.f. 20-6-1979).

SECTION Section 1212

Untitled Section

2.Art. 361B ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 4

•(w.e.f. 1-1-2004).

•221 THE CONSTITUTION OF INDIA

•(Part XIX.—MISCELLANEOUS)

•(ii) under a body, whether incorporated or not, which is

•wholly or partially owned by the Government of India or the

•Government of 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.]

SECTION Section 1213

Untitled Section

362.[Rights and privileges of Rulers of Indian States.].—Omitted by the

•Constitution (Twenty-sixth Amendment) Act, 1971, s. 2(w.e.f. 28-12-1971).

SECTION Section 1214

Untitled Section

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, sanador 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.

•1[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;

•______________________________________________

SECTION Section 1215

Untitled Section

1.Art. 363A ins. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 3

•(w.e.f. 28-12-1971).

•222 THE CONSTITUTION OF INDIA

•(Part XIX.—MISCELLANEOUS)

(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.]

SECTION Section 1216

Untitled Section

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.

SECTION Section 1217

Untitled Section

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.

SECTION Section 1218

Untitled Section

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;

•223 THE CONSTITUTION OF INDIA

•(Part XIX.—MISCELLANEOUS)

(2)“an Anglo-Indian” means a person whose father or any of

•whose other male progenitors in the male line is or was of European

•descent but who is domiciled within the territory of India and is or was

•born within such territory of parents habitually resident therein and not

•established there for temporary purposes only;

(3)“article” means an article of this Constitution;

(4)“borrow” includes the raising of money by the grant of

•annuities, and “loan” shall be construed accordingly;

•1[(4A)* * * *]

(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;

•______________________________________________

SECTION Section 1219

Untitled Section

1.Cl. (4A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54

•(w.e.f. 1-2-1977) and subsequently omitted by the Constitution (Forty-thirdAmendment)

•Act, 1977, s. 11(w.e.f. 13-4-1978).

•224 THE CONSTITUTION OF INDIA

•(Part XIX.—MISCELLANEOUS)

(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;

•1[(12A) “goods and services tax” means any tax on supply of

•goods, or services or both except taxes on the supply of the alcoholic

•liquor for human consumption];

(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;

•______________________________________________

SECTION Section 122

Untitled Section

113.Procedure in Parliament with respect to estimates.

SECTION Section 1220

Untitled Section

1.Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 14(i)

•(w.e.f. 16-9-2016).

•225 THE CONSTITUTION OF INDIA

•(Part XIX.—MISCELLANEOUS)

(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;

•1[(21)* * * *]

•2[(22) “Ruler” means the Prince, Chief or other person who, at any

•time before the commencement of the Constitution (Twenty-sixth

•Amendment) Act, 1971, was recognised by the President as the 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

SECTION Section 1221

Untitled Section

•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;

•______________________________________________

SECTION Section 1222

Untitled Section

1.Cl. (21)omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

•(w.e.f. 1-11-1956).

SECTION Section 1223

Untitled Section

2.Subs. by the Constitution (Twenty-sixth Amendment) Act, 1971, s.4(w.e.f. 28-12-1971).

•226 THE CONSTITUTION OF INDIA

•(Part XIX.—MISCELLANEOUS)

(26)“securities” includes stock;

•1* * *

•2[(26A) “Services” means anything other than goods;

•(26B) “State” with reference to articles 246A, 268, 269, 269A and

SECTION Section 1224

Untitled Section

•article 279A includes a Union territory with Legislature];

•3[(26C) "socially and educationally backward classes" means such

•backward classes as are so deemed under article 342A for the purposes

•of the Central Government or the State or Union territory, as the case

•may be];

(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;

•4[(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;

•______________________________________________

SECTION Section 1225

Untitled Section

1.Cl. (26A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54

•(w.e.f. 1-2-1977), and subsequently omitted by the Constitution (Forty-third

•Amendment) Act, 1977, s. 11(w.e.f. 13-4-1978).

SECTION Section 1226

Untitled Section

2.Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 14(ii)

•(w.e.f. 16-9-2016).

SECTION Section 1227

Untitled Section

3.Cl. (26C) was ins. by the Constitution (One Hundred and second Amendment) Act,

•2018, s. 5 (w.e.f. 14-8-2018), and subsequently subs. by the Constitution (One

•Hundred and Fifth Amendment) Act, 2021, s. 4 (w.e.f. 15-9-2021).

SECTION Section 1228

Untitled Section

4.Cl. (29A) ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 4

•(w.e.f. 2-2-1983).

•227 THE CONSTITUTION OF INDIA

•(Part XIX.—MISCELLANEOUS)

(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;]

•1[(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.]

SECTION Section 1229

Untitled Section

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 State2***,

•shall be construed as including a reference to an Ordinance made by the

•President or, to an Ordinance made by a Governor 3***, as the case may be.

(3)For the purposes of this Constitution “foreign State” means any State

•other than India:

•Provided that, subject to the provisions of any law made by Parliament,

•the President may by order4declare any State not to be a foreign State for such

•purposes as may be specified in the order.

•5[(4) * * * *]

•______________________________________________

SECTION Section 123

Untitled Section

114.Appropriation Bills.

•(viii) Contents

SECTION Section 1230

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.for cl. (30)

•(w.e.f. 1-11-1956).

SECTION Section 1231

Untitled Section

2.The words and letters "specified in Part A or Part B of the First Schedule" omittedby

s.29 and Sch., ibid.(w.e.f. 1-11-1956).

SECTION Section 1232

Untitled Section

3.The words "or Rajpramukh" omitted by s. 29 and Sch.,ibid.(w.e.f. 1-11-1956).

SECTION Section 1233

Untitled Section

4.Seethe Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2).

SECTION Section 1234

Untitled Section

5.Added by the Constitution (Application to Jammu and Kashmir) Order, 2019

•(C.O. 272)(w.e.f. 5-8-2019), for the text of this C.O.,seeAppendix II.

•PART XX

•AMENDMENT OF THE CONSTITUTION

SECTION Section 1235

Untitled Section

368.1[Power of Parliament to amend the Constitution and

•procedure therefor].— 2[(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.]

•3[(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, 4[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, 5[ article 162, article 241 or

SECTION Section 1236

Untitled Section

•article 279A]; 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,

•______________________________________________

SECTION Section 1237

Untitled Section

1.Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3, for "Procedure

•for amendment of the Constitution" (w.e.f. 5-11-1971).

SECTION Section 1238

Untitled Section

2.Ins. by s. 3, ibid.(w.e.f. 5-11-1971).

SECTION Section 1239

Untitled Section

3.Art. 368 re-numbered as cl. (2) thereof by s. 3, ibid.(w.e.f. 5-11-1971).

SECTION Section 1240

Untitled Section

4.Subs.by s. 3, ibid.,(w.e.f. 5-11-1971).

SECTION Section 1241

Untitled Section

5.Subs. by theConstitution (One Hundred and First Amendment) Act, 2016, s. 15, for the

•words and figures "article 162 or article 241" (w.e.f. 16-9-2016).

•228

•229 THE CONSTITUTION OF INDIA

•(Part XX.—Amendment of the Constitution)

•the amendment shall also require to be ratified by the Legislatures of not less

•than one-half of the States 1*** by resolutions to that effect passed by those

•Legislatures before the Bill making provision for such amendment is presented

•to the President for assent.

•2[(3) Nothing in article 13 shall apply to any amendment made under this

SECTION Section 1242

Untitled Section

article.]

•3[(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.]

•______________________________________________

SECTION Section 1243

Untitled Section

1.The words and letters "specified in Part A and Part B of the First Schedule" omittedby

•the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956).

SECTION Section 1244

Untitled Section

2.Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3 (w.e.f. 5-11-1971).

SECTION Section 1245

Untitled Section

3.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 55 (w.e.f. 3-1-1977).

•This section has been declared invalid by the Supreme Court in Minerva Mills Ltd.

•and OthersVs. Union of India and OthersAIR 1980 SC 1789.

•PART XXI

•1[TEMPORARY, TRANSITIONAL AND

•SPECIAL PROVISIONS]

SECTION Section 1246

Untitled Section

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.

•______________________________________________

SECTION Section 1247

Untitled Section

1.Subs. by the Constitution (Thirteenth Amendment) Act, 1962, s.2, for "TEMPORARY

•AND TRANSITIONAL PROVISIONS" (w.e.f. 1-12-1963).

•230

•231 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

•1[370. Temporary provisions with respect to the State of Jammu

•and Kashmir.—(1) Notwithstanding anything in this Constitution,—

(a)the provisions of article 238 shall not apply in relation to the State

•of Jammu and Kashmir;

(b)the power of Parliament to make laws for the said State shall be

•limited to—

(i)those matters in the Union List and the Concurrent List

•which, in consultation with the Government of the State, are declared

•by the President to correspond to matters specified in the Instrument

•of Accession governing the accession of the State to the Dominion of

•India as the matters with respect to which the Dominion Legislature

•may make laws for that State; and

•______________________________________________

•Inexercise of the powers conferred by clause (3) of article 370 read with clause (1) of

SECTION Section 1248

Untitled Section

•article 370 of the Constitution of India, the President, on the recommendation of

•Parliament, is pleased to declare that, as from the 6thAugust, 2019 all clausesof said

SECTION Section 1249

Untitled Section

•article 370 shall cease to beoperative except the following whichshall read as under,

•namely:—

•“370. All provisions of this Constitution, as amended from time to time,

•without any modifications or exceptions, shall apply to the State of Jammu and

•Kashmir notwithstanding anything contrary contained in article 152 or article 308 or

•any other article of this Constitution or any other provision of the Constitution of

•Jammu and Kashmir or any law, document, judgment, ordinance, order, by-law, rule,

•regulation, notification, custom or usage having the force of law in the territory of

•India, or any other instrument, treaty or agreement as envisaged under article 363 or

otherwise.”.

•(SeeAppendix III)(C.O. 273).

•.

•1 In exercise of the powers conferred by clause (3) of the Constitution of India, the

•President, on the recommendation of the Constituent Assembly of the State of Jammu

•and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370

•shall be operative with the modification that for the Explanationin cl. (1) thereof, the

•following Explanationis 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.”.

•(C.O. 44, dated the 15th November, 1952).

•*Now “Governor”.

•232 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

•(ii) such other matters in the said Lists as, with the concurrence

•of the Government of the State, the President may by order specify.

Explanation.—For the purposes of this article, the

•Government of the State means the person for the time being recognised

•by the President as the Maharaja of Jammu and Kashmir acting on the

•advice of the Council of Ministers for the time being in office under the

•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 1[clause (2) of Legislative

•Assembly of the State] shall be necessary before the President issues such a

notification.

•______________________________________________

•SeeAppendix II.

SECTION Section 125

Untitled Section

115.Supplementary, additional or excess grants.

SECTION Section 1250

Untitled Section

1.Subs. by C.O. 272, dated the 5-8-2019, s.2. for “Constituent Assembly of the State

•referred to in clause (2)” (w.e.f. 5-8-2019).

•233 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

•1[371. Special provision with respect to the States of 2***

•Maharashtra and Gujarat.—3[(1)* * * * *]

(2)Notwithstanding anything in this Constitution, the President may by

•order made with respect to 4[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, 5[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.]

•6[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;

•______________________________________________

SECTION Section 1251

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22, for art. 371

•(w.e.f. 1-11-1956).

SECTION Section 1252

Untitled Section

2.The words "Andhra Pradesh", omitted by the Constitution (Thirty-second Amendment)

•Act, 1973, s. 2 (w.e.f. 1-7-1974).

SECTION Section 1253

Untitled Section

3.Cl. (1) omitted bys. 2, ibid.(w.e.f. 1-7-1974).

SECTION Section 1254

Untitled Section

4.Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for "the State of

•Bombay" (w.e.f. 1-5-1960).

SECTION Section 1255

Untitled Section

5.Subs. bys. 85,ibid.,for "the rest of Maharashtra"(w.e.f. 1-5-1960).

SECTION Section 1256

Untitled Section

6.Art. 371A ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2

•(w.e.f. 1-12-1963).

•234 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

(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 officioof 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;

•235 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

•(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 aforesaid1;

•______________________________________________

SECTION Section 1257

Untitled Section

1.Paragraph 2 of the Constitution (Removal of Difficulties) Order No. X provides

•(w.e.f. 1-12-1963) that article 371A of the Constitution of India shall have effect as if

•the following proviso were added to paragraph (i) of sub-clause (e) of clause (2)

•thereof, namely:—

•"Provided that the Governor may, on the advice of the Chief Minister, appoint

•any person as Minister for Tuensang affairs to act as such until such time as persons

•are chosen in accordance with law to fill the seats allocated to the Tuensang district, in

•the Legislative Assembly of Nagaland.".

•236 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

•(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

SECTION Section 1258

Untitled Section

•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.]

•1[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

•______________________________________________

SECTION Section 1259

Untitled Section

1.Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4 (w.e.f. 25-9-1969).

•237 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

•members of that Assembly elected from the tribal areas specified in 1[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.]

•2[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.]

•3[371D. Special provisions with respect to 4[the State of Andhra

•Pradeshor the State of Telangana].—5[(1) The President may by order made

•with respect to the State of Andhra Pradeshor the State of Telangana,provide,

•having regard to the requirement of each State, for equitable opportunities and

•facilities for the people belonging to different parts of such State, in the matter

•ofpublic employment and in the matter of education, and different provisions

•may be made for various parts of the States.]

•______________________________________________

SECTION Section 126

Untitled Section

116.Votes on account, votes of credit and exceptional grants.

SECTION Section 1260

Untitled Section

1.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for

•"Part A" (w.e.f. 21-1-1972).

SECTION Section 1261

Untitled Section

2.Art 371C ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5

•(w.e.f. 15-2-1972).

SECTION Section 1262

Untitled Section

3.Art 371D and Art 371E ins. by the Constitution (Thirty-second Amendment) Act,

•1973, s. 3 (w.e.f. 1-7-1974).

SECTION Section 1263

Untitled Section

4.Subs. by the Andhra Pradesh Reorganisation Act, 2014, (6 of 2014), s. 97, for “the

•State of Andhra Pradesh” (w.e.f.2-6-2014).

SECTION Section 1264

Untitled Section

5.Subs. bys. 97,ibid,for cl. (1) (w.e.f.2-6-2014).

•238 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

(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 1[the State of Andhra Pradeshandfor the State of

•Telangana] 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:—

•______________________________________________

SECTION Section 1265

Untitled Section

1.Subs. by the Andhra Pradesh Reorganisation Act, 2014, (6 of 2014), s. 97, for “the

•State of Andhra Pradesh” (w.e.f. 2-6-2014).

•239 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

(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 force subject to

•any exceptions or modifications) as the President may deem necessary.

•240 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

(5)The Order of the Administrative Tribunal finally disposing of any

•case shall become effective upon its confirmation by the State Government or

•on the expiry of three months from the date on which the order is made,

•whichever is earlier:

•Provided that the State Government may, by special order made in

•writing and for reasons to be specified therein, modify or annul any order of the

•Administrative Tribunal before it becomes effective and in such a case, the

•order of the Administrative Tribunal shall have effect only in such modified

•form or be of no effect, as the case may be.

(6)Every special order made by the State Government under the proviso

•to clause (5) shall be laid, as soon as may be after it is made, before both

•Houses of the State Legislature.

(7)The High Court for the State shall not have any powers of

•superintendence over the Administrative Tribunal and no court (other than the

•Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in

•respect of any matter subject to the jurisdiction, power or authority of, or in

•relation to, the Administrative Tribunal.

(8)If the President is satisfied that the continued existence of the

•Administrative Tribunal is not necessary, the President may by order abolish

•the Administrative Tribunal and make such provisions in such order as he may

•deem fit for the transfer and disposal of cases pending before the Tribunal

•immediately before such abolition.

(9)Notwithstanding any judgment, decree or order of any court, tribunal

•or other authority,—

(a)no appointment, posting, promotion or transfer of any person—

(i)made before the 1st day of November, 1956, to any post

•under the Government of, or any local authority within, the State

•of Hyderabad as it existed before that date; or

•(ii) made before the commencement of the Constitution

•(Thirty-second Amendment) Act, 1973, to any post under the

•Government of, or any local or other authority within, the State of

•Andhra Pradesh; and

(b)no action taken or thing done by or before any person referred to

•in sub-clause (a),

•______________________________________________

•In P. Sambamurthy and Others Vs. State of Andhra Pradesh and Others (1987)

•1 S.C.C. 362,the Supreme Court declared cl. (5) of art. 371D along with the proviso to

•be unconstitutional and void.

•241 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

•shall be deemed to be illegal or void or ever to have become illegal or void

•merely on the ground that the appointment, posting, promotion or transfer of

•such person was not made in accordance with any law, then in force, providing

•for any requirement as to residence within the State of Hyderabad or, as the

•case may be, within any part of the State of Andhra Pradesh, in respect of such

•appointment, posting, promotion or transfer.

(10)The provisions of this article and of any order made by the

•President thereunder shall have effect notwithstanding anything in any other

•provision of this Constitution or in any other law for the time being in force.

371E.Establishment of Central University in Andhra Pradesh.—

•Parliament may by law provide for the establishment of a University in the

•State of Andhra Pradesh.]

•1[371F. Special provisions with respect to the State of Sikkim.—

•Notwithstanding anything in this Constitution,—

(a)the Legislative Assembly of the State of Sikkim shall consist of

•not less than thirty members;

(b)as from the date of commencement of the Constitution

•(Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to

•as the appointed day)—

(i)the Assembly for Sikkim formed as a result of the elections

•held in Sikkim in April, 1974 with thirty-two members elected in the

•said elections (hereinafter referred to as the sitting members) shall be

•deemed to be the Legislative Assembly of the State of Sikkim duly

•constituted under this Constitution;

•(ii) the sitting members shall be deemed to be the members of

•the Legislative Assembly of the State of Sikkim duly elected under

•this Constitution; and

•(iii) the said Legislative Assembly of the State of Sikkim shall

•exercise the powers and perform the functions of the Legislative

•Assembly of a State under this Constitution;

•______________________________________________

SECTION Section 1266

Untitled Section

1.Art 371F ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 3

•(w.e.f. 26-4-1975).

•242 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

(c)in the case of the Assembly deemed to be the Legislative

•Assembly of the State of Sikkim under clause (b), the references to the

•period of 1[five years], in clause (1) of article 172 shall be construed as

•references to a period of 2[four years] and the said period of 2[four years]

•shall be deemed to commence from the appointed day;

(d)until other provisions are made by Parliament by law, there shall

•be allotted to the State of Sikkim one seat in the House of the People and

•the State of Sikkim shall form one parliamentary constituency to be

•called the parliamentary constituency for Sikkim;

(e)the representative of the State of Sikkim in the House of the

•People in existence on the appointed day shall be elected by the

•members of the Legislative Assembly of the State of Sikkim;

(f)Parliament may, for the purpose of protecting the rights and

•interests of the different sections of the population of Sikkim make

•provision for the number of seats in the Legislative Assembly of the

•State of Sikkim which may be filled by candidates belonging to such

•sections and for the delimitation of the assembly constituencies from

•which candidates belonging to such sections alone may stand for election

•to the Legislative Assembly of the State of Sikkim;

(g)the Governor of Sikkim shall have special responsibility for peace

•and for an equitable arrangement for ensuring the social and economic

•advancement of different sections of the population of Sikkim and in the

•discharge of his special responsibility under this clause, the Governor of

•Sikkim shall, subject to such directions as the President may, from time

•to time, deem fit to issue, act in his discretion;

(h)all property and assets (whether within or outside the territories

•comprised in the State of Sikkim) which immediately before the appointed

•day were vested in the Government of Sikkim or in any other authority or

•in any person for the purposes of the Government of Sikkim shall, as from

•the appointed day, vest in the Government of the State of Sikkim;

•______________________________________________

SECTION Section 1267

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 56, for "five years”

•(w.e.f. 3-1-1977)and further subs. by the Constitution (Forty-fourth Amendment) Act,

•1978, s. 43, for "sixyears" (w.e.f. 6-9-1979).

2.Subs. bys. 56, ibid.,for "fouryears" (w.e.f. 3-1-1977) and further subs. by s. 43, ibid.,

•for "fiveyears", respectively (w.e.f. 6-9-1979).

•243 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

(i)the High Court functioning as such immediately before the

•appointed day in the territories comprised in the State of Sikkim shall, on

•and from the appointed day, be deemed to be the High Court for the

•State of Sikkim;

(j)all courts of civil, criminal and revenue jurisdiction, all authorities and

•all officers, judicial, executive and ministerial, throughout the territory of the

•State of Sikkim shall continue on and from the appointed day to exercise

•their respective functions subject to the provisions of this Constitution;

(k)all laws in force immediately before the appointed day in the

•territories comprised in the State of Sikkim or any part thereof shall

•continue to be in force therein until amended or repealed by a competent

•Legislature or other competent authority;

(l)for the purpose of facilitating the application of any such law as is

•referred to in clause (k) in relation to the administration of the State of

•Sikkim and for the purpose of bringing the provisions of any such law

•into accord with the provisions of this Constitution, the President may,

•within two years from the appointed day, by order, make such

•adaptations and modifications of the law, whether by way of repeal or

•amendment, as may be necessary or expedient, and thereupon, every

•such law shall have effect subject to the adaptations and modifications so

•made, and any such adaptation or modification shall not be questioned in

•any court of law;

(m)neither the Supreme Court nor any other court shall have

•jurisdiction in respect of any dispute or other matter arising out of any

•treaty, agreement, engagement or other similar instrument relating to

•Sikkim which was entered into or executed before the appointed day and

•to which the Government of India or any of its predecessor Governments

•was a party, but nothing in this clause shall be construed to derogate

•from the provisions of article 143;

(n)the President may, by public notification, extend with such restrictions

•or modifications as he thinks fit to the State of Sikkim any enactment which

•is in force in a State in India at the date of the notification;

(o)if any difficulty arises in giving effect to any of the foregoing

•provisions of this article, the President may, by order, do anything

•(including any adaptation or modification of any other article) which

•appears to him to be necessary for the purpose of removing that

•difficulty:

•______________________________________________

•See the Constitution (Removal of Difficulties) Order No. XI (C.O. 99).

•244 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

•Provided that no such order shall be made after the expiry of two

•years from the appointed day;

(p)all things done and all actions taken in or in relation to the State

•of Sikkim or the territories comprised therein during the period

•commencing on the appointed day and ending immediately before the

•date on which the Constitution (Thirty-sixth Amendment) Act, 1975,

•receives the assent of the President shall, in so far as they are in

•conformity with the provisions of this Constitution as amended by the

•Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all

•purposes to have been validly done or taken under this Constitution as so

amended.]

•1[371G. Special provision with respect to the State of Mizoram.—

•Notwithstanding anything in this Constitution,—

(a)no Act of Parliament in respect of—

(i)religious or social practices of the Mizos;

•(ii) Mizo customary law and procedure;

•(iii) administration of civil and criminal justice involving

•decisions according to Mizo customary law;

•(iv) ownership and transfer of land;

•shall apply to the State of Mizoram unless the Legislative Assembly of

•the State of Mizoram by a resolution so decides:

•Provided that nothing in this clause shall apply to any Central Act in

•force in the Union territory of Mizoram immediately before the

•commencement of the Constitution (Fifty-third Amendment) Act, 1986;

(b)the Legislative Assembly of the State of Mizoram shall consist of

•not less than forty members.]

•2[371H. Special provision with respect to the State of Arunachal

Pradesh.—Notwithstanding anything in this Constitution,—

(a)the Governor of Arunachal Pradesh shall have special

•responsibility with respect to law and order in the State of Arunachal

•Pradesh and in the discharge of his functions in relation thereto, the

•Governor shall, after consulting the Council of Ministers, exercise his

•individual judgment as to the action to be taken:

•______________________________________________

SECTION Section 1268

Untitled Section

1.Art. 371G ins. by the Constitution (Fifty-third Amendment) Act, 1986.s. 2

•(w.e.f. 20-2-1987).

SECTION Section 1269

Untitled Section

2.Art. 371H ins. by the Constitution (Fifty-fifth Amendment) Act, 1986, s. 2

•(w.e.f. 20-2-1987).

•245 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

•Provided that if any question arises whether any matter is or is not a

•matter as respects which the Governor is under this clause required to act

•in the exercise of his individual judgment, the decision of the Governor in

•his discretion shall be final, and the validity of anything done by the

•Governor shall not be called in question on the ground that he ought or

•ought not to have acted in the exercise of his individual judgment:

•Provided further that if the President on receipt of a report from

•the Governor or otherwise is satisfied that it is no longer necessary for

•the Governor to have special responsibility with respect to law and order

•in the State of Arunachal Pradesh, he may by order direct that the

•Governor shall cease to have such responsibility with effect from such

•date as may be specified in the order;

(b)the Legislative Assembly of the State of Arunachal Pradesh

•shall consist of not less than thirty members.]

•1[371-I. Special provision with respect to the State of Goa.—

•Notwithstanding anything in this Constitution, the Legislative Assembly of the

•State of Goa shall consist of not less than thirty members.]

•2[371J. Special provisions with respect to State of Karnataka.—

(1)The President may, by order made with respect to the State of Karnataka,

•provide for any special responsibility of the Governor for—

(a)establishment of a separate development board for Hyderabad-

•Karnataka region with the provision that a report on the working of the

•board will be placed each year before the State Legislative Assembly;

(b)equitable allocation of funds for developmental expenditure

•over the said region, subject to the requirements of the State as a whole;

•and

(c)equitable opportunities and facilities for the people belonging

•to the said region, in matters of public employment, education and

•vocational training, subject to the requirements of the State as a whole.

(2)An order made under sub-clause (c)of clause (1) may provide for—

(a)reservation of a proportion of seats educational and vocational

•training institutions in the Hyderabad-Karnataka region for students who

•belong to that region by birth or by domicile; and

•______________________________________________

SECTION Section 127

Untitled Section

117.Special provisions as to financial Bills.

•Procedure Generally

SECTION Section 1270

Untitled Section

1.Art. 371-I ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, s. 2

•(w.e.f. 30-5-1987).

SECTION Section 1271

Untitled Section

2.Art. 371J ins. by the Constitution (Ninety-eighth Amendment) Act, 2012, s. 2 (w.e.f.

•1-10-2013).

•246 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

(b)identification of posts or classes of posts under the State

•Government and in any body or organisation under the control of the

•State Government in the Hyderabad-Karnataka region and reservation of

•a proportion of such posts for persons who belong to that region by birth

•or by domicile and for appointment thereto by direct recruitment or by

•promotion or in any other manner as may be specified in the order.]

SECTION Section 1272

Untitled Section

372.Continuance in force of existing laws and their adaptation.—(1)

•Notwithstanding the repeal by this Constitution of the enactments referred to in

SECTION Section 1273

Untitled Section

•article 395 but subject to the other provisions of this Constitution, all the law in

•force in the territory of India immediately before the commencement of this

•Constitution shall continue in force therein until altered or repealed or amended

•by a competent Legislature or other competent authority.

(2)For the purpose of bringing the provisions of any law in force in the

•territory of India into accord with the provisions of this Constitution, the

•President may by order make such adaptations and modifications of such law,

•whether by way of repeal or amendment, as may be necessary or expedient, and

•provide that the law shall, as from such date as may be specified in the order,

•have effect subject to the adaptations and modifications so made, and any such

•adaptation or modification shall not be questioned in any court of law.

(3)Nothing in clause (2) shall be deemed—

(a)to empower the President to make any adaptation or

•modification of any law after the expiration of 1[three years] from the

•commencement of this Constitution; or

(b)to prevent any competent Legislature or other competent

•authority from repealing or amending any law adapted or modified by

•the President under the said clause.

•______________________________________________

•See the Adaptation of Laws Order, 1950, dated the 26th January, 1950, Gazette of

•India, Extraordinary, p. 449, as amended by notification No. S.R.O. 115, dated the 5th

•June, 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 51, notification No.

S.R.O. 870,dated the 4th November, 1950, Gazette of India, Extraordinary, Part II,

SECTION Section 1274

Untitled Section

•Section 3, p. 903,notification No. S.R.O. 508, dated the 4th April, 1951, Gazette of

•India, Extraordinary, Part II, Section 3, p. 287,notification No. S.R.O. 1140B,dated

•the 2nd July, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 616/1, and the

•Adaptation of the Travancore-Cochin Land Acquisition Laws Order, 1952, dated the

•20th November, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 923.

SECTION Section 1275

Untitled Section

1.Subs. by the Constitution (First Amendment) Act, 1951, s.12 for "two years"

•(w.e.f. 18-6-1951).

•247 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

•Explanation I.—The expression “law in force” in this article shall

•include a law passed or made by a Legislature or other competent authority in

•the territory of India before the commencement of this Constitution and not

•previously repealed, notwithstanding that it or parts of it may not be then in

•operation either at all or in particular areas.

•Explanation II.—Any law passed or made by a Legislature or other

•competent authority in the territory of India which immediately before the

•commencement of this Constitution had extra-territorial effect as well as effect

•in the territory of India shall, subject to any such adaptations and modifications

•as aforesaid, continue to have such extra-territorial effect.

•Explanation III.—Nothing in this article shall be construed as continuing

•any temporary law in force beyond the date fixed for its expiration or the date

•on which it would have expired if this Constitution had not come into force.

•Explanation IV.—An Ordinance promulgated by the Governor of a

•Province under section 88 of the Government of India Act, 1935, and in force

•immediately before the commencement of this Constitution shall, unless

•withdrawn by the Governor of the corresponding State earlier, cease to operate

•at the expiration of six weeks from the first meeting after such commencement

•of the Legislative Assembly of that State functioning under clause (1) of article

•382, and nothing in this article shall be construed as continuing any such

•Ordinance in force beyond the said period.

•1[372A. Power of the President to adapt laws.—(1) For the purposes

•of bringing the provisions of any law in force in India or in any part thereof,

•immediately before the commencement of the Constitution (Seventh

•Amendment) Act, 1956, into accord with the provisions of this Constitution as

•amended by that Act, the President may by order made before the first day of

•November, 1957, make such adaptations and modifications of the law, whether

•by way of repeal or amendment, as may be necessary or expedient, and provide

•that the law shall, as from such date as may be specified in the order, have

•effect subject to the adaptations and modifications so made, and any such

•adaptation or modification shall not be questioned in any court of law.

(2)Nothing in clause (1) shall be deemed to prevent a competent

•Legislature or other competent authority from repealing or amending any law

•adapted or modified by the President under the said clause.]

•______________________________________________

SECTION Section 1276

Untitled Section

1.Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 23(w.e.f. 1-11-1956).

•See the Adaptation of Laws Order of 1956 and 1957.

•248 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

SECTION Section 1277

Untitled Section

373.Power of President to make order in respect of persons under

•preventive detention in certain cases.—Until provision is made by Parliament

•under clause (7) of article 22, or until the expiration of one year from the

•commencement of this Constitution, whichever is earlier, the said article shall

•have effect as if for any reference to Parliament in clauses (4) and (7) thereof

•there were substituted a reference to the President and for any reference to any

•law made by Parliament in those clauses there were substituted a reference to

•an order made by the President.

SECTION Section 1278

Untitled Section

374.Provisions as to Judges of the Federal Court and proceedings

•pending in the Federal Court or before His Majesty in Council.—(1) The

•Judges of the Federal Court holding office immediately before the

•commencement of this Constitution shall, unless they have elected otherwise,

•become on such commencement the Judges of the Supreme Court and shall

•thereupon be entitled to such salaries and allowances and to such rights in

•respect of leave of absence and pension as are provided for under article 125 in

•respect of the Judges of the Supreme Court.

(2)All suits, appeals and proceedings, civil or criminal, pending in the

•Federal Court at the commencement of this Constitution shall stand removed to

•the Supreme Court, and the Supreme Court shall have jurisdiction to hear and

•determine the same, and the judgments and orders of the Federal Court delivered

•or made before the commencement of this Constitution shall have the same force

•and effect as if they had been delivered or made by the Supreme Court.

(3)Nothing in this Constitution shall operate to invalidate the exercise of

•jurisdiction by His Majesty in Council to dispose of appeals and petitions from,

•or in respect of, any judgment, decree or order of any court within the territory

•of India in so far as the exercise of such jurisdiction is authorised by law, and

•any order of His Majesty in Council made on any such appeal or petition after

•the commencement of this Constitution shall for all purposes have effect as if it

•were an order or decree made by the Supreme Court in the exercise of the

•jurisdiction conferred on such Court by this Constitution.

(4)On and from the commencement of this Constitution the jurisdiction of

•the authority functioning as the Privy Council in a State specified in Part B of the

•First Schedule to entertain and dispose of appeals and petitions from or in respect

•of any judgment, decree or order of any court within that State shall cease, and all

•appeals and other proceedings pending before the said authority at such

•commencement shall be transferred to, and disposed of by, the Supreme Court.

(5)Further provision may be made by Parliament by law to give effect to

•the provisions of this article.

•249 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

SECTION Section 1279

Untitled Section

375.Courts, authorities and officers to continue to function subject

•to the provisions of the Constitution.—All courts of civil, criminal and

•revenue jurisdiction, all authorities and all officers, judicial, executive and

•ministerial, throughout the territory of India, shall continue to exercise their

•respective functions subject to the provisions of this Constitution.

SECTION Section 128

Untitled Section

118.Rules of procedure.

SECTION Section 1280

Untitled Section

376.Provisions as to Judges of High Courts.—(1) Notwithstanding

•anything in clause (2) of article 217, the Judges of a High Court in any

•Province holding office immediately before the commencement of this

•Constitution shall, unless they have elected otherwise, become on such

•commencement the Judges of the High Court in the corresponding State, and

•shall thereupon be entitled to such salaries and allowances and to such rights in

•respect of leave of absence and pension as are provided for under article 221 in

•respect of the Judges of such High Court. 1[Any such Judge shall,

•notwithstanding that he is not a citizen of India, be eligible for appointment as

•Chief Justice of such High Court, or as Chief Justice or other Judge of any

•other High Court.]

(2)The Judges of a High Court in any Indian State corresponding to any

•State specified in Part B of the First Schedule holding office immediately

•before the commencement of this Constitution shall, unless they have elected

•otherwise, become on such commencement the Judges of the High Court in the

•State so specified and shall, notwithstanding anything in clauses (1) and (2) of

SECTION Section 1281

Untitled Section

•article 217 but subject to the proviso to clause (1) of that article, continue to hold

•office until the expiration of such period as the President may by order determine.

(3)In this article, the expression “Judge” does not include an acting Judge

•or an additional Judge.

SECTION Section 1282

Untitled Section

377.Provisions as to Comptroller and Auditor-General of India.—The

•Auditor-General of India holding office immediately before the commencement of

•this Constitution shall, unless he has elected otherwise, become on such

•commencement the Comptroller and Auditor-General of India and shall thereupon

•be entitled to such salaries and to such rights in respect of leave of absence and

•pension as are provided for under clause (3) of article 148 in respect of the

•Comptroller and Auditor-General of India and be entitled to continue to hold office

•until the expiration of his term of office as determined under the provisions which

•were applicable to him immediately before such commencement.

•______________________________________________

SECTION Section 1283

Untitled Section

1.Added by the Constitution (First Amendment) Act, 1951, s. 13 (w.e.f. 18-6-1951).

•250 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

SECTION Section 1284

Untitled Section

378.Provisions as to Public Service Commissions.—(1) The members

•of the Public Service Commission for the Dominion of India holding office

•immediately before the commencement of this Constitution shall, unless they

•have elected otherwise, become on such commencement the members of the

•Public Service Commission for the Union and shall, notwithstanding anything in

SECTION Section 1285

Untitled Section

•clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that

SECTION Section 1286

Untitled Section

•article, continue to hold office until the expiration of their term of office as

•determined under the rules which were applicable immediately before such

•commencement to such members.

(2)The Members of a Public Service Commission of a Province or of a

•Public Service Commission serving the needs of a group of Provinces holding

•office immediately before the commencement of this Constitution shall, unless they

•have elected otherwise, become on such commencement the members of the Public

•Service Commission for the corresponding State or the members of the Joint State

•Public Service Commission serving the needs of the corresponding States, as the

•case may be, and shall, notwithstanding anything in clauses (1) and (2) of article

•316 but subject to the proviso to clause (2) of that article, continue to hold office

•until the expiration of their term of office as determined under the rules which were

•applicable immediately before such commencement to such members.

•1[378A. Special provision as to duration of Andhra Pradesh

•Legislative Assembly.—Notwithstanding anything contained in article 172, the

•Legislative Assembly of the State of Andhra Pradesh as constituted under the

•provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall,

•unless sooner dissolved, continue for a period of five years from the date referred

•to in the said section 29 and no longer and the expiration of the said period shall

•operate as a dissolution of that Legislative Assembly.]

SECTION Section 1287

Untitled Section

379.[Provisions as to provisional Parliament and the Speaker and

•Deputy Speaker thereof.].—Omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

380.[Provision as to President.].—Omittedby the Constitution (Seventh

•Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1288

Untitled Section

381.[Council of Ministers of the President.].—Omitted by the

•Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

382.[Provisions as to provisional Legislatures for States in Part A of the

•First Schedule.].—Omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1289

Untitled Section

383.[Provision as to Governors of Provinces.].—Omitted by the

•Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•______________________________________________

SECTION Section 129

Untitled Section

119.Regulation by law of procedure in Parliament in relation to

•financial business.

SECTION Section 1290

Untitled Section

1.Art 378A ins. by the Constitution (Seventh Amendment) Act, 1956, s. 24

•(w.e.f. 1-11-1956).

•251 THE CONSTITUTION OF INDIA

•(Part XXI.—Temporary, Transitional and Special Provisions)

SECTION Section 1291

Untitled Section

384.[Council of Ministers of the Governors.].—Omitted by the

•Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

385.[Provision as to provisional Legislatures in States in Part B of the

•First Schedule.].—Omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

386.[Council of Ministers for States in Part B of the First Schedule.].—

•Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

•(w.e.f. 1-11-1956).

SECTION Section 1292

Untitled Section

387.[Special provision as to determination of population for the

•purposes of certain elections.].—Omitted by the Constitution (Seventh

•Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

388.[Provisions as to the filling of casual vacancies in the provisional

•Parliament and provisional Legislatures of the States.].—Omitted by the

•Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

389.[Provision as to Bills pending in the Dominion Legislatures and in

•the Legislatures of Provinces and Indian States.]—Omittedby the Constitution

•(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1293

Untitled Section

390.[Money received or raised or expenditure incurred between the

•commencement of the Constitution and the 31st day of March, 1950].—Omitted

•by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-

•1956).

391.[Power of the President to amend the First and Fourth Schedules in

•certain contingencies.].—Omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1294

Untitled Section

392.Power of the President to remove difficulties.—(1) The President

•may, for the purpose of removing any difficulties, particularly in relation to the

•transition from the provisions of the Government of India Act, 1935, to the

•provisions of this Constitution, by order direct that this Constitution shall,

•during such period as may be specified in the order, have effect subject to such

•adaptations, whether by way of modification, addition or omission, as he may

•deem to be necessary or expedient:

•Provided that no such order shall be made after the first meeting of

•Parliament duly constituted under Chapter II of Part V.

(2)Every order made under clause (1) shall be laid before Parliament.

(3)The powers conferred on the President by this article, by article 324, by

SECTION Section 1295

Untitled Section

•clause (3) of article 367 and by article 391 shall, before the commencement of this

•Constitution, be exercisable by the Governor-General of the Dominion of India.

•PART XXII

•SHORT TITLE, COMMENCEMENT, 1[AUTHORITATIVE

•TEXT IN HINDI]AND REPEALS

SECTION Section 1296

Untitled Section

393.Short title.—This Constitution may be called the Constitution of

India.

SECTION Section 1297

Untitled Section

394.Commencement.—This article and articles 5, 6, 7, 8, 9, 60, 324,

•366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and

•the remaining provisions of this Constitution shall come into force on the

•twenty-sixth day of January, 1950, which day is referred to in this Constitution

•as the commencement of this Constitution.

•2[394A. Authoritative text in the Hindi language.—(1) The President

•shall cause to be published under his authority,—

(a)the translation of this Constitution in the Hindi language,

•signed by the members of the Constituent Assembly, with such

•modifications as may be necessary to bring it in conformity with the

•language, style and terminology adopted in the authoritative texts of

•Central Acts in the Hindi language, and incorporating therein all the

•amendments of this Constitution made before such publication; and

(b)the translation in the Hindi language of every amendment of

•this Constitution made in the English language.

(2)The translation of this Constitution and of every amendment thereof

•published under clause (1) shall be construed to have the same meaning as the

•original thereof and if any difficulty arises in so construing any part of such

•translation, the President shall cause the same to be revised suitably.

(3)The translation of this Constitution and of every amendment thereof

•published under this article shall be deemed to be, for all purposes, the

•authoritative text thereof in the Hindi language.]

SECTION Section 1298

Untitled Section

395.Repeals.— The Indian Independence Act, 1947, and the

•Government of India Act, 1935, together with all enactments amending or

•supplementing the latter Act, but not including the Abolition of Privy Council

•Jurisdiction Act, 1949, are hereby repealed.

•______________________________________________

SECTION Section 1299

Untitled Section

1.Ins. by the Constitution (Fifty-eighth Amendment) Act, 1987, s. 2 (w.e.f. 9-12-1987).

SECTION Section 13

Untitled Section

11.Parliament to regulate the right of citizenship by law.

•(ii) Contents

SECTION Section 130

Untitled Section

120.Language to be used in Parliament.

SECTION Section 1300

Untitled Section

2.Art 394A, Ins. by s. 3, ibid.(w.e.f. 9-12-1987).

•252

•1[FIRST SCHEDULE

•[Articles 1 and 4]

I.THE STATES

•Name Territories

SECTION Section 1301

Untitled Section

1.Andhra 2[The territories specified in sub-section (1) of section 3 of

•Pradesh the Andhra State Act, 1953, sub-section (1) of section 3 of

•the States Reorganisation Act, 1956, the First Schedule to

•the Andhra Pradesh and Madras (Alteration of Boundaries)

•Act, 1959, and the Schedule to the Andhra Pradesh and

•Mysore (Transfer of Territory) Act, 1968, but excluding

•the territories specified in the Second Schedule to the

•Andhra Pradesh and Madras (Alteration of Boundaries)

•Act, 1959] 3[and the territories specified in section 3 of

•the Andhra Pradesh Reorganisation Act, 2014].

SECTION Section 1302

Untitled Section

2.Assam The territories which immediately before the

•commencement of this Constitution were comprised in the

•Province of Assam, the Khasi States and the Assam Tribal

•Areas, but excluding the territories

•specified in the Schedule to the Assam

•(Alteration of Boundaries) Act, 19514[and the territories

•specified in sub-section (1) of section 3 of the State of

•Nagaland Act, 1962] 5[and the territories specified in

•sections 5, 6 and 7 of the North-Eastern Areas

•(Reorganisation) Act, 1971]6[and the territories referred

•to in Part I of the Second Schedule to the Constitution

•(One Hundredth Amendment) Act, 2015,

•notwithstanding anything contained

•in clause (a) of section 3 of the Constitution

•(Ninth Amendment) Act, 1960, so far as it relates to the

•territories referred to in Part I of the Second Schedule to

•the Constitution (One Hundredth Amendment) Act,

2015.]

•______________________________________________

SECTION Section 1303

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for the First Sch. (w.e.f. 1-11-1956).

SECTION Section 1304

Untitled Section

2.Subs. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968(36of 1968), s. 4,

•for the former entry (w.e.f. 1-10-1968).

SECTION Section 1305

Untitled Section

3.Ins. by the Andhra Pradesh Reorganisation Act, 2014(6 of 2014), s. 10 (w.e.f.2-6-2014).

SECTION Section 1306

Untitled Section

4.Addedby the State of Nagaland Act, 1962 (27 of 1962), s. 4(w.e.f. 1-12-1963).

SECTION Section 1307

Untitled Section

5.Addedby the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).

SECTION Section 1308

Untitled Section

6.Addedby the Constitution (One Hundredth Amendment) Act, 2015, s. 3(w.e.f.31-7-2015). For

•the text of the Act, see Appendix I.

•253

•254 THE CONSTITUTION OF INDIA

•(First Schedule)

•Name Territories

SECTION Section 1309

Untitled Section

3.Bihar 1[The territories which immediately before the

•commencement of this Constitution were either

•comprised in the Province of Bihar or were being

•administered as if they formed part of that Province

•and the territories specified in clause (a) of

•sub-section (1) of section 3 of the Bihar and Uttar

•Pradesh (Alteration of Boundaries) Act, 1968, but

•excluding the territories specified in sub-section (1) of

SECTION Section 131

Untitled Section

121.Restriction on discussion in Parliament.

SECTION Section 1310

Untitled Section

•section 3 of the Bihar and West Bengal

•(Transfer of Territories) Act, 1956, and the territories

•specified in clause (b) of sub-section (1) of section

•3 of the first mentioned Act 2[and the territories

•specified in section 3 of the Bihar Reorganisation Act,

•2000].]

•3[4. Gujarat The territories referred to in sub-section (1) of section 3 of

•the Bombay Reorganisation Act, 1960.]

SECTION Section 1311

Untitled Section

5.Kerala The territories specified in sub-section (1) of section 5

•of the States Reorganisation Act, 1956.

SECTION Section 1312

Untitled Section

6.Madhya The territories specified in sub-section (1) of section 9 of

•Pradesh the States Reorganisation Act, 1956 4[and the First

•Schedule to the Rajasthan and Madhya Pradesh (Transfer

•of Territories) Act, 1959], 5[but excluding the territories

•specified in section 3 of the Madhya Pradesh

•Reorganisation Act, 2000].

•______________________________________________

SECTION Section 1313

Untitled Section

1.Subs. by the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968

•(24 of 1968), s. 4, for the former entry (w.e.f. 10-6-1970).

SECTION Section 1314

Untitled Section

2.Addedby the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11- 2000).

3.Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).

SECTION Section 1315

Untitled Section

4.Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959

•(47 of 1959), s. 4 (w.e.f. 1-10-1959).

SECTION Section 1316

Untitled Section

5.Added by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 5

•(w.e.f. 1-11-2000).

•255 THE CONSTITUTION OF INDIA

•(First Schedule)

•Name Territories

•1[7. Tamil Nadu] The territories which immediately before the

•commencement of this Constitution were either

•comprised in the Province of Madras or were being

•administered as if they formed part of that Province and

•the territories specified in section 4 of the States

•Reorganisation Act, 1956, 2[and the Second Schedule to

•the Andhra Pradesh and Madras (Alteration of

•Boundaries) Act, 1959], but excluding the territories

•specified in sub-section (1) of section 3 and

•sub-section (1) of section 4 of the Andhra State Act, 1953

•and 3[the territories specified in clause (b) of sub-section

(1)of section 5, section 6 and clause (d) of sub-section

(1)of section 7 of the States Reorganisation Act, 1956

•and the territories specified in the

•First Schedule to the Andhra Pradesh and Madras

•(Alteration of Boundaries) Act, 1959.]

•4[8. Maharashtra The territories specified in sub-section (1) of section 8

•of the States Reorganisation Act, 1956, but excluding

•the territories referred to in sub-section (1) of section 3

•of the Bombay Reorganisation Act, 1960.]

•5[6[9.] The territories specified in sub-section (1) of section 7

•Karnataka] of the States Reorganisation Act, 1956 7[but excluding

•the territory specified in the Schedule to the Andhra

•Pradesh and Mysore (Transfer of Territory) Act, 1968.]

•______________________________________________

SECTION Section 1317

Untitled Section

1.Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5,

•for "7. Madras" (w.e.f. 14-1-1969).

SECTION Section 1318

Untitled Section

2.Ins. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959

•(56 of 1959), s. 6 (w.e.f. 1-4-1960).

SECTION Section 1319

Untitled Section

3.Subs.bys. 6, ibid.,for certain words(w.e.f. 1-4-1960).

SECTION Section 132

Untitled Section

122.Courts not to inquire into proceedings of Parliament.

SECTION Section 1320

Untitled Section

4.Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).

5.Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for

•"9. Mysore" (w.e.f. 1-11-1973).

SECTION Section 1321

Untitled Section

6.Entries 8 to 14 renumbered asentries9 to 15 bytheBombay Reorganisation Act,

•1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).

SECTION Section 1322

Untitled Section

7.Ins. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of

•1968), s. 4 (w.e.f. 1-10-1968).

•256 THE CONSTITUTION OF INDIA

•(First Schedule)

•Name Territories

•1[10.] 2[Odisha] The territories which immediately before the

•commencement of this Constitution were either comprised

•in the Province of Orissa or were being administered as if

•they formed part of that Province.

•1[11.] Punjab The territories specified in section 11 of the States

•Reorganisation Act, 1956 3[and the territories referred

•to in Part II of the First Schedule to the Acquired

•Territories (Merger) Act, 1960] 4[but excluding the

•territories referred to in Part II of the First Schedule to

•the Constitution (Ninth Amendment) Act, 1960] 5[and

•the territories specified in sub-section (1) of section 3,

SECTION Section 1323

Untitled Section

•section 4 and sub-section (1) of section 5 of the Punjab

•Reorganisation Act, 1966.]

•1[12.] The territories specified in section 10 of the States

•Rajasthan Reorganisation Act, 1956 6[but excluding the territories

•specified in the First Schedule to the Rajasthan and

•Madhya Pradesh (Transfer of Territories) Act, 1959].

•______________________________________________

1.Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act,

•1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).

SECTION Section 1324

Untitled Section

2.Subs. by the Orissa (Alteration of Name) Act, 2011(15 of 2011), s. 6, for "Orissa"

•(w.e.f. 1-11-2011).

SECTION Section 1325

Untitled Section

3.Ins. by the Acquired Territories (Merger) Act, 1960 (64 of 1960), s. 4

•(w.e.f. 17-1-1961).

SECTION Section 1326

Untitled Section

4.Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17-1-1961).

SECTION Section 1327

Untitled Section

5.Addedby the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).

SECTION Section 1328

Untitled Section

6.Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959

•(47 of 1959), s. 4 (w.e.f. 1-10-1959).

•257 THE CONSTITUTION OF INDIA

•(First Schedule)

•Name Territories

•1[13.] Uttar 2[The territories which immediately before the

•Pradesh commencement of this Constitution were either comprised

•in the Province known as the United Provinces or were

•being administered as if they formed part of that Province,

•the territories specified in clause (b) of sub-section (1)

•of section 3 of the Bihar and Uttar Pradesh (Alteration of

•Boundaries) Act, 1968, and the territories specified in

SECTION Section 1329

Untitled Section

•clause (b) of sub-section (1) of section 4 of the Haryana

•and Uttar Pradesh (Alteration of Boundaries) Act, 1979,

•but excluding the territories specified in clause (a) of sub-

•section (1) of section 3 of the Bihar and Uttar Pradesh

•(Alteration of Boundaries) Act, 1968, 3[and the territories

•specified in section 3 of the Uttar Pradesh Reorganisation

•Act, 2000]and the territories specified in clause (a) of sub-

•section (1) of section 4 of the Haryana and Uttar Pradesh

•(Alteration of Boundaries) Act, 1979.]

•1[14.]West The territories which immediately before the

•Bengal commencement of this Constitution were either comprised

•in the Province of West Bengal or were being administered

•as if they formed part of that Province and the territory of

•Chandernagore as defined in clause (c) of section 2 of

•the Chandernagore (Merger) Act, 1954 and also the

•territories specified in sub-section (1) of section 3 of the

•Bihar and West Bengal (Transfer of Territories) Act, 1956

•4[and also the territories referred to in Part III of the First

•Schedule but excluding the territories referred to in Part III of

•the Second Schedule to the Constitution (One Hundredth

•Amendment) Act, 2015, notwithstanding anything contained

•in clause (c) of section 3 of the Constitution (Ninth

•Amendment) Act, 1960, so far as it relates to the territories

•referred to in Part III of the First Schedule and the territories

•referred to in Part III of the Second Schedule to the

•Constitution (One Hundredth Amendment) Act, 2015.]

•______________________________________________

SECTION Section 133

Untitled Section

•CHAPTER III. LEGISLATIVE POWERS OF THE

•PRESIDENT

SECTION Section 1330

Untitled Section

1.Entries 8 to 14 renumbered as entries 9 to 15 by the the Bombay Reorganisation Act,

•1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).

SECTION Section 1331

Untitled Section

2.Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of

•1979), s. 5, for the entry against "13. Uttar Pradesh" (w.e.f. 15-9-1983).

SECTION Section 1332

Untitled Section

3.Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).

SECTION Section 1333

Untitled Section

4.Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3

•(w.e.f.31-7-2015).For the text of the Act, see Appendix I.

•258 THE CONSTITUTION OF INDIA

•(First Schedule)

•Name Territories

•1[2[** * * *]]

•3[4[15.] The territories specified in sub-section (1) of section 3

•Nagaland of the State of Nagaland Act, 1962.]

•3[5[16.] 6[The territories specified in sub-section (1) of section 3

•Haryana of the Punjab Reorganisation Act, 1966 and the

•territories specified in clause (a) of sub-section (1) of

SECTION Section 1334

Untitled Section

•section 4 of the Haryana and Uttar Pradesh (Alteration

•of Boundaries) Act, 1979, but excluding the territories

•specified in clause (v) of sub-section (1) of section 4 of

•that Act.]]

•3[7[17.] The territories which immediately before the

•Himachal commencement of this Constitution were being

•Pradesh administered as if they were Chief Commissioners’

•Provinces under the names of Himachal Pradesh and

•Bilaspur and the territories specified in sub-section (1)

•of section 5 of the Punjab Reorganisation Act, 1966.]

•3[8[18.] The territory which immediately before the

•Manipur commencement of this Constitution was being

•administered as if it were a Chief Commissioner’s

•Province under the name of Manipur.]

•______________________________________________

•.

•1 **Entry 15 relating to Jammu and Kashmir deleted by the Jammu and Kashmir

•Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).

2.Entries 8 to 14 renumbered as 9 to 15 by the Bombay Reorganisation Act, 1960

•(11 of 1960), s. 4 (w.e.f. 1-5-1960).

SECTION Section 1335

Untitled Section

3.Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir

•Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).

•4 Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).

SECTION Section 1336

Untitled Section

5.Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966)

•and the entry therein subsequently amended by the Haryana and Uttar Pradesh

•(Alteration of Boundaries) Act, 1979 (31 of 1979), s. 5 (w.e.f. 15-9-1983).

SECTION Section 1337

Untitled Section

6.Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979

•(31 of 1979), s. 5, for the entry against "17. Haryana" (w.e.f. 15-9-1983).

SECTION Section 1338

Untitled Section

7.Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971).

SECTION Section 1339

Untitled Section

8.Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9

•(w.e.f. 21-1-1972).

•259 THE CONSTITUTION OF INDIA

•(First Schedule)

•Name Territories

•1[19.] Tripura The territory which immediately before the

•commencement of this Constitution was being

•administered as if it were a Chief Commissioner’s

•Province under the name of Tripura 2[and the territories

•referred to in Part II of the First Schedule to the

•Constitution (One Hundredth Amendment) Act, 2015,

•notwithstanding anything contained in clause (d) of

SECTION Section 134

Untitled Section

123.Power of President to promulgate Ordinances during recess of

Parliament.

SECTION Section 1340

Untitled Section

•section 3 of the Constitution (Ninth Amendment) Act,

•1960, so far as it relates to the territories referred to in

•Part II of the First Schedule to the Constitution (One

•Hundredth Amendment) Act, 2015.]

•1[20.]Meghalaya The territories specified in section 5 of the North-Eastern

•Areas (Reorganisation) Act, 1971]2[and the territories referred to

•in Part I of the First Schedule but excluding the territories

•referred to in Part II of the Second Schedule to the Constitution

•(One Hundredth Amendment) Act, 2015.]

•1[3[21.]Sikkim The territories which immediately before the commencement of

•the Constitution (Thirty-sixth Amendment) Act, 1975, were

•comprised in Sikkim.]

•1[4[22.]Mizoram The territories specified in section 6 of the North-Eastern

•Areas (Reorganisation) Act, 1971.]

•1[5[23.] Arunachal The territories specified in section 7 of the North-Eastern

•Pradesh Areas (Reorganisation) Act, 1971.]

•1[6[24.]Goa The territories specified in section 3 of the Goa, Daman and

•Diu Reorganisation Act, 1987.]

•______________________________________________

SECTION Section 1341

Untitled Section

1.Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir

•Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).

SECTION Section 1342

Untitled Section

2.Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3

•(w.e.f.31-7-2015).For the text of the Act, see Appendix I.

SECTION Section 1343

Untitled Section

3.Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 2 (w.e.f. 26-4-1975).

SECTION Section 1344

Untitled Section

4.Ins. by the State of Mizoram Act, 1986(34of 1986), s. 4 (w.e.f. 20-2-1987).

SECTION Section 1345

Untitled Section

5.Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987).

SECTION Section 1346

Untitled Section

6.Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 5

•(w.e.f. 30-5-1987).

•260 THE CONSTITUTION OF INDIA

•(First Schedule)

•Name Territories

•1[2[25.]Chhattisgarh The territories specified in section 3 of the Madhya

•Pradesh Reorganisation Act, 2000.]

•1[3[26.]4[Uttarakhand] The territories specified in section 3 of the Uttar Pradesh

•Reorganisation Act, 2000.]

•1[5[27.]Jharkhand The territories specified in section 3 of the Bihar

•Reorganisation Act, 2000.]

•1[6[28.]Telangana The territories specified in section 3 of the Andhra

•Pradesh Reorganisation Act, 2014.]

II.THE UNION TERRITORIES

•Name Extent

SECTION Section 1347

Untitled Section

1.Delhi The territory which immediately before the

•commencement of this Constitution was comprised in the

•Chief Commissioner’s Province of Delhi.

•7[* * * * *]

•8[2.]The Andaman The territory which immediately before the

•and Nicobar commencement of this Constitution was comprised in

•Islands the Chief Commissioner’s Province of the

•Andaman and Nicobar Islands.

•______________________________________________

SECTION Section 1348

Untitled Section

1.Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir

•Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).

SECTION Section 1349

Untitled Section

2.Added by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000),

s.5(w.e.f. 1-11-2000).

3.Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).

SECTION Section 135

Untitled Section

•CHAPTER IV. THE UNION JUDICIARY

SECTION Section 1350

Untitled Section

4.Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 4, for the

•word "Uttaranchal" (w.e.f. 1-1-2007).

SECTION Section 1351

Untitled Section

5.Added by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-

•2000).

SECTION Section 1352

Untitled Section

6.Ins. by the Andhra Pradesh Reorganisation Act, 2014, s. 10 (w.e.f. 2-6-2014).

SECTION Section 1353

Untitled Section

7.Entry 2 relating to "Himachal Pradesh" omittedand entries 3 to 10 renumbered as

•entries 2 to 9respectivelyby the State of Himachal Pradesh Act, 1970 (53 of 1970),

s.4 (w.e.f. 25-1-1971)and subsequently entries relating to Manipur and Tripura (i.e.

•entries 2and 3)omitted by theNorth-Eastern Areas (Reorganisation) Act, 1971 (81

•of 1971) s. 9 (w.e.f. 21-1-1972).

SECTION Section 1354

Untitled Section

8.Entries 4 to 9 renumbered as entries 2 to 7 by the North-Eastern Areas

•(Reorganisation) Act, 1971 (81 of 1971), s. 9(w.e.f. 21-1-1972).

•261 THE CONSTITUTION OF INDIA

•(First Schedule)

•Name Territories

•1[3.]2[Lakshadweep] The territory specified in section 6 of the States

•Reorganisation Act, 1956.

•3[1[4.]Dadra and The territory which immediately before the

•Nagar Haveli eleventh day of August, 1961 was comprised in

•and Daman Free Dadra and Nagar Haveli and the territories

•and Diu specified in section 4 of the Goa, Daman and Diu

•Reorganisation Act, 1987.]

•4[1[*]3[ * * * *]

•5[1[6.] 6[Puducherry] The territories which immediately before the

•sixteenth day of August, 1962, were comprised in

•the French Establishments in India known as

•Pondicherry, Karikal, Mahe and Yanam.]

•7[1[7.]Chandigarh The territories specified in section 4 of the Punjab

•Reorganisation Act, 1966.]

•______________________________________________

SECTION Section 1355

Untitled Section

1.Entries4 to 9 renumbered as entries 2 to 7 (respectively) by the North-Eastern

•Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).

SECTION Section 1356

Untitled Section

2.Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act,

•1973 (34 of 1973), s. 5, for "The Laccadive, Minicoy and Amindivi Islands"

•(w.e.f. 1-11-1973).

SECTION Section 1357

Untitled Section

3.Entry 4 relating to Dadra and Nagar Haveli was ins. by the Constitution (Tenth

•Amendment) Act, 1961, s.2 (w.e.f. 11-8-1961). And subsequently subs. by the

•Dadra and Nagar Haveli Daman and Diu (Merger of Union territories) Act, 2019

•(44 of 2019), s.5 for entries 4and 5 (w.e.f. 19-12-2019).

SECTION Section 1358

Untitled Section

4.Subs. by the Goa, Daman and Diu (Reorganisation)Act, 1987 (18 of 1987), s. 5, for

•entry 5 (w.e.f. 30-5-1987).

SECTION Section 1359

Untitled Section

5.Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 3 (with retrospective

•effect).

SECTION Section 136

Untitled Section

124.Establishment and constitution ofthe Supreme Court.

124A.National Judicial AppointmentsCommission.

124B.Functions of Commission.

124C.Power of Parliament to make law.

SECTION Section 1360

Untitled Section

6.Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 5 for

•"Pondicherry" (w.e.f. 1-10-2006).

SECTION Section 1361

Untitled Section

7.Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).

•262 THE CONSTITUTION OF INDIA

•(First Schedule)

•Name Territories

•1[* * * * *]

•2[8. Jammu and The territories specified in section 4 of the Jammu

•Kashmir and Kashmir Reorganisation Act, 2019.

SECTION Section 1362

Untitled Section

9.Ladakh The territories specified in section 3 of the Jammu

•and Kashmir Reorganisation Act, 2019.]

•______________________________________________

SECTION Section 1363

Untitled Section

1.Entry 8 relating to Mizoram omitted and entry 9 relating to Arunachal Pradesh

•renumbered as entry 8 by the State of Mizoram Act, 1986 (34 of 1986), s. 4

•(w.e.f. 20-2-1987) and entry 8 relating to Arunachal Pradesh omitted by the State of

•Arunachal Pradesh Act, 1986 (69 of 1986) s. 4 (w.e.f. 15-4-1987).

2.Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019)

s.6 (w.e.f. 31-10-2019).

•SECOND SCHEDULE

•[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221]

•PART A

•PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES1***

SECTION Section 1364

Untitled Section

1.There shall be paid to the President and to the Governors of the States

•1*** the following emoluments per mensem, that is to say:—

•The President …… 10,000 rupees.

•The Governor of a State …… 5,500 rupees .

SECTION Section 1365

Untitled Section

2.There shall also be paid to the President and to the Governors of the

•States 2*** such allowances as were payable respectively to the Governor-

•General of the Dominion of India and to the Governors of the corresponding

•Provinces immediately before the commencement of this Constitution.

SECTION Section 1366

Untitled Section

3.The President and the Governors of 3[the States]throughout their respective

•terms of office shall be entitled to the same privileges to which the Governor-

•General and the Governors of the corresponding Provinces were respectively

•entitled immediately before the commencement of this Constitution.

SECTION Section 1367

Untitled Section

4.While the Vice-President or any other person is discharging the

•functions of, or is acting as, President, or any person is discharging the

•functions of the Governor, he shall be entitled to the same emoluments,

•allowances and privileges as the President or the Governor whose functions he

•discharges or for whom he acts, as the case may be.

•4* * * * *

•______________________________________________

SECTION Section 1368

Untitled Section

1.The words and letter "specified in Part A of the First Schedule" omitted by the

•Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•Now five lakh rupees, vide the Finance Act, 2018 (13 of 2018), s. 137.

•(w.e.f. 1-1-2016).

•Now three lakh fifty thousand rupees, bys. 161, ibid., (w.e.f. 1-1-2016).

SECTION Section 1369

Untitled Section

2.The words "so specified" omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 137

Untitled Section

125.Salaries, etc., of Judges.

SECTION Section 1370

Untitled Section

3.Subs. by s. 29 and Sch., ibid., for "such states" (w.e.f. 1-11-1956).

SECTION Section 1371

Untitled Section

4.Part B omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).

•263

•264 THE CONSTITUTION OF INDIA

•(Second Schedule)

•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 ASSEMBLY1***

•AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN

•OF THE LEGISLATIVE COUNCIL OF 2[A STATE]

SECTION Section 1372

Untitled Section

7.There shall be paid to the Speaker of the House of the People and the

•Chairman of the Council of States such salaries and allowances as were payable

•to the Speaker of the Constituent Assembly of the Dominion of India

•immediately before the commencement of this Constitution, and there shall be

•paid to the Deputy Speaker of the House of the People and to the Deputy

•Chairman of the Council of States such salaries and allowances as were payable

•to the Deputy Speaker of the Constituent Assembly of the Dominion of India

•immediately before such commencement.

SECTION Section 1373

Untitled Section

8.There shall be paid to the Speaker and the Deputy Speaker of the

•Legislative Assembly3*** and to the Chairman and the Deputy Chairman of

•the Legislative Council of 4[a State] such salaries and allowances as were

•payable respectively to the Speaker and the Deputy Speaker of the Legislative

•Assembly and the President and the Deputy President of the Legislative

•Council of the corresponding Province immediately before the commencement

•of this Constitution and, where the corresponding Province had no Legislative

•Council immediately before such commencement, there shall be paid to the

•Chairman and the Deputy Chairman of the Legislative Council of the State

•such salaries and allowances as the Governor of the State may determine.

•______________________________________________

SECTION Section 1374

Untitled Section

1.The words and letter "OF A STATE IN PART A OF THE FIRST SCHEDULE"

•omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

•(w.e.f. 1-11-1956).

SECTION Section 1375

Untitled Section

2.Subs. by s. 29 and Sch., ibid., for “ANY SUCH STATE.”(w.e.f. 1-11-1956).

SECTION Section 1376

Untitled Section

3.The words and letter "of a State specified in Part A of the First Schedule" omitted by

s.29 and Sch., ibid.(w.e.f. 1-11-1956).

SECTION Section 1377

Untitled Section

4.Subs. by s. 29 and Sch., ibid., for "such State" (w.e.f. 1-11-1956).

•265 THE CONSTITUTION OF INDIA

•(Second Schedule)

•PART D

•PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE

•HIGH COURTS1***

SECTION Section 1378

Untitled Section

9.[(1) There shall be paid to the Judges of the Supreme Court, in respect of

•time spent on actual service, salary at the following rates per mensem, that is to say:—

•The Chief Justice .. 2[10,000 rupees.].

•Any other Judge .. 3[9,000 rupees.].

•Provided that if a Judge of the Supreme Court at the time of his

•appointment is in receipt of a pension (other than a disability or wound

•pension) in respect of any previous service under the Government of India or

•any of its predecessor Governments or under the Government of a State or any

•of its predecessor Governments, his salary in respect of service in the Supreme

•Court 4[shall be reduced—

(a)by the amount of that pension; and

(b)if he has, before such appointment, received in lieu of a portion of

•the pension due to him in respect of such previous service the commuted

•value thereof, by the amount of that portion of the pension;and

(c)if he has, before such appointment, received a retirement gratuity in

•respect of such previous service, by the pension equivalent of that gratuity.]

(2)Every Judge of the Supreme Court shall be entitled without payment

•of rent to the use of an official residence.

(3)Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge

•who, immediately before the commencement of this Constitution,—

•______________________________________________

SECTION Section 1379

Untitled Section

1.The words and letter "IN STATES IN PART A OF THE FIRST SCHEDULE" omitted

•by the Constitution (Seventh Amendment) Act, 1956, s. 25(a) (w.e.f. 1-11-1956).

SECTION Section 138

Untitled Section

126.Appointment of acting Chief Justice.

SECTION Section 1380

Untitled Section

2.Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "5,000 rupees

•to 10,000 rupees" (w.e.f. 1-4-1986).

•Now two lakh eighty thousand rupees, videthe High Court and Supreme Court Judges

•(Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6

•(w.e.f. 1-1-2016).

SECTION Section 1381

Untitled Section

3.Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees"

•(w.e.f. 1-4-1986).

•Now two lakh fiftythousand rupees, vide the High Court and Supreme Court Judges

•(Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6

•(w.e.f. 1-1-2016).

SECTION Section 1382

Untitled Section

4.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(b), for " shall be

•reduced by the amount of that pension" (w.e.f. 1-11-1956).

•266 THE CONSTITUTION OF INDIA

•(Second Schedule)

(a)was holding office as the Chief Justice of the Federal Court and

•has become on such commencement the Chief Justice of the Supreme

•Court under clause (1) of article 374;or

(b)was holding office as any other Judge of the Federal Court and

•has on such commencement become a Judge (other than the Chief

•Justice) of the Supreme Court under the said clause,

•during the period he holds office as such Chief Justice or other Judge, and

•every Judge who so becomes the Chief Justice or other Judge of the Supreme

•Court shall, in respect of time spent on actual service as such Chief Justice or

•other Judge, as the case may be, be entitled to receive in addition to the salary

•specified in sub-paragraph (1) of this paragraph as special pay an amount

•equivalent to the difference between the salary so specified and the salary

•which he was drawing immediately before such commencement.

(4)Every Judge of the Supreme Court shall receive such reasonable

•allowances to reimburse him for expenses incurred in travelling on duty within

•the territory of India and shall be afforded such reasonable facilities in

•connection with travelling as the President may from time to time prescribe.

(5)The rights in respect of leave of absence (including leave allowances)

•and pension of the Judges of the Supreme Court shall be governed by the

•provisions which, immediately before the commencement of this Constitution,

•were applicable to the Judges of the Federal Court.

SECTION Section 1383

Untitled Section

10.(1) 1[There shall be paid to the Judges of High Courts, in respect of time

•spent on actual service, salary at the following rates per mensem, that is to say,—

•The Chief Justice .. 2[9,000 rupees]

•Any other Judge .. 3[8,000 rupees]:

•______________________________________________

SECTION Section 1384

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(c), (i), for

•sub-paragraph (1) (w.e.f. 1-11-1956).

SECTION Section 1385

Untitled Section

2.Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees"

•(w.e.f. 1-4-1986).

•Now two lakh fifty thousand rupees, videthe High Court and Supreme Court Judges

•(Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 2

•(w.e.f. 1-1-2016).

3.Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "3,500 rupees"

•(w.e.f. 1-4-1986).

•Now two lakh twenty-five thousand rupees, videthe High Court and Supreme Court

•Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 2

•(w.e.f. 1-1-2016).

•267 THE CONSTITUTION OF INDIA

•(Second Schedule)

•Provided that if a Judge of a High Court at the time of his appointment is in

•receipt of a pension (other than a disability or wound pension) in respect of any

•previous service under the Government of India or any of its predecessor

•Governments or under the Government of a State or any of its predecessor

•Governments, his salary in respect of service in the High Court shall be reduced—

(a)by the amount of that pension;and

(b)if he has, before such appointment, received in lieu of a portion of

•the pension due to him in respect of such previous service the commuted

•value thereof, by the amount of that portion of the pension;and

(c)if he has, before such appointment, received a retirement gratuity in

•respect of such previous service, by the pension equivalent of that

gratuity.]

(2)Every person who immediately before the commencement of this

•Constitution—

(a)was holding office as the Chief Justice of a High Court in any

•Province and has on such commencement become the Chief Justice of the

•High Court in the corresponding State under clause (1) of article 376;or

(b)was holding office as any other Judge of a High Court in any Province

•and has on such commencement become a Judge (other than the Chief

•Justice) of the High Court in the corresponding State under the said clause,

•shall, if he was immediately before such commencement drawing a salary at a

•rate higher than that specified in sub-paragraph (1) of this paragraph, be

•entitled to receive in respect of time spent on actual service as such Chief

•Justice or other Judge, as the case may be, in addition to the salary specified in

•the said sub-paragraph as special pay an amount equivalent to the difference

•between the salary so specified and the salary which he was drawing

•immediately before such commencement.

•1[(3) Any person who, immediately before the commencement of the

•Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief

•Justice of the High Court of a State specified in Part B of the First Schedule

•and has on such commencement become the Chief Justice of the High Court of

•a State specified in the said Schedule as amended by the said Act, shall, if he

•was immediately before such commencement drawing any amount as

•allowance in addition to his salary, be entitled to receive in respect of time

•spent on actual service as such Chief Justice, the same amount as allowance in

•addition to the salary specified in sub-paragraph (1) of this paragraph.].

•______________________________________________

SECTION Section 1386

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(c), (ii), for

•sub-paragraphs (3) and (4) (w.e.f. 1-11-1956).

•268 THE CONSTITUTION OF INDIA

•(Second Schedule)

SECTION Section 1387

Untitled Section

11.In this Part, unless the context otherwise requires,—

(a)the expression “Chief Justice” includes an acting Chief Justice,

•and a “Judge” includes an ad hoc Judge;

(b)“actual service” includes—

(i)time spent by a Judge on duty as a Judge or in the performance

•of such other functions as he may at the request of the President

•undertake to discharge;

•(ii) vacations, excluding any time during which the Judge is absent

•on leave; and

•(iii) joining time on transfer from a High Court to the Supreme

•Court or from one High Court to another.

•PART E

•PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA

SECTION Section 1388

Untitled Section

12.(1) There shall be paid to the Comptroller and Auditor-General of

•India a salary at the rate of *four thousand rupees per mensem.

(2)The person who was holding office immediately before the

•commencement of this Constitution as Auditor-General of India and has

•become on such commencement the Comptroller and Auditor-General of India

•under article 377 shall in addition to the salary specified in sub-paragraph (1) of

•this paragraph be entitled to receive as special pay an amount equivalent to the

•difference between the salary so specified and the salary which he was drawing

•as Auditor-General of India immediately before such commencement.

(3)The rights in respect of leave of absence and pension and the other

•conditions of service of the Comptroller and Auditor-General of India shall be

•governed or shall continue to be governed, as the case may be, by the provisions

•which were applicable to the Auditor-General of India immediately before the

•commencement of this Constitution and all references in those provisions to the

•Governor-General shall be construed as references to the President.

•______________________________________________

•* The Comptroller and Auditor-General of India shall be paid a salary equal to

•the salary of the Judges of the Supreme Court vide s. 3 ofthe Comptroller and

•Auditor-General (Duties, Powers and Conditions of Service) Act, 1971 (56 of

•1971) . The salary of Judges of the Supreme Court has been raised to two

•lakh fifty thousand rupees per mensem by the High Court and Supreme Court

•Judges (Salaries and Conditions of Service) AmendmentAct, 2018 (10 of 2018),s. 6

•(w.e.f. 1-1-2016).

•THIRD SCHEDULE

•[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]

•Forms of Oaths or Affirmations

•I

•Form of oath of office for a Minister for the Union:—

•“I, A. B., do swear in the name of God that I will bear true faith

•solemnly affirm

•and allegiance to the Constitution of India as by law established, 1[that I

•will uphold the sovereignty and integrity of India,] that I will faithfully

•and conscientiously discharge my duties as a Minister for the Union and

•that I will do right to all manner of people in accordance with the

•Constitution and the law, without fear or favour, affection or ill-will.”

•II

•Form of oath of secrecy for a Minister for the Union:—

•“I, A.B., do swear in the name of God that I will not directly or

•solemnly affirm

•indirectly communicate or reveal to any person or persons any matter

•which shall be brought under my consideration or shall become known

•to me as a Minister for the Union except as may be required for the due

•discharge of my duties as such Minister.”

•2[III

•A

•Form of oath or affirmation to be made by a candidate for election to

•Parliament:—

•______________________________________________

•See also arts. 84 (a) and 173 (a).

SECTION Section 1389

Untitled Section

1.Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).

SECTION Section 139

Untitled Section

127.Appointment ofad hocJudges.

SECTION Section 1390

Untitled Section

2.Subs. by s. 5, ibid., for Form III.(w.e.f. 5-10-1963).

•269

•270 THE CONSTITUTION OF INDIA

•(Third Schedule)

•“I, A.B., having been nominated as a candidate to fill a seat in the

•Council of States (or the House of the People) do swear in the name of God

•solemnly affirm

•that I will bear true faith and allegiance to the Constitution of India as

•by law established and that I will uphold the sovereignty and integrity of

India.”

•B

•Form of oath or affirmation to be made by a member of Parliament:—

•“I, A.B., having been elected (or nominated) a member of the

•Council of States (or the House of the People) do swear in the name of God

•solemnly affirm

•that I will bear true faith and allegiance to the Constitution of India as by

•law established, that I will uphold the sovereignty and integrity of India

•and that I will faithfully discharge the duty upon which I am about to

enter.”]

•IV

•Form of oath or affirmation to be made by the Judges of the Supreme

•Court and the Comptroller and Auditor-General of India:—

•“I, A.B., having been appointed Chief Justice (or a Judge) of the

•Supreme Court of India (or Comptroller and Auditor-General of

•India) do swear in the name of God that I will bear true faith and

•solemnly affirm

•faith and allegiance to the Constitution of India as by law established,

•1[that I will uphold the sovereignty and integrity of India,] that I will

•duly and faithfully and to the best of my ability, knowledge and

•judgment perform the duties of my office without fear or favour,

•affection or ill-will and that I will uphold the Constitution and the laws.”

•______________________________________________

SECTION Section 1391

Untitled Section

1.Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).

•271 THE CONSTITUTION OF INDIA

•(Third Schedule)

•V

•Form of oath of office for a Minister for a State:—

•“I, A.B., do swear in the name of God that I will bear true faith

•solemnly affirm

•and allegiance to the Constitution of India as by law established, 1[that I

•will uphold the sovereignty and integrity of India,]that I will faithfully

•and conscientiously discharge my duties as a Minister for the State of

•..........and that I will do right to all manner of people in accordance with

•the Constitution and the law without fear or favour, affection or ill-will.”

•VI

•Form of oath of secrecy for a Minister for a State:—

•“I, A.B., do swear in the name of God that I will not directly or

•solemnly affirm

•indirectly communicate or reveal to any person or persons any matter

•which shall be brought under my consideration or shall become known to

•me as a Minister for the State of ....................except as may be required for

•the due discharge of my duties as such Minister.”

•2[VII

•A

•Form of oath or affirmation to be made by a candidate for election to the

•Legislature of a State:—

•“I, A.B., having been nominated as a candidate to fill

•a seat in the Legislative Assembly (or Legislative Council),

•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 uphold the sovereignty and integrity of India.”

•______________________________________________

SECTION Section 1392

Untitled Section

1.Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).

SECTION Section 1393

Untitled Section

2.Subs.by s. 5, ibid.,for Form VII(w.e.f. 5-10-1963).

•272 THE CONSTITUTION OF INDIA

•(Third Schedule)

•B

•Form of oath or affirmation to be made by a member of the Legislature

•of a State:—

•“I, A.B., having been elected (or nominated) a member of the Legislative

•Assembly (or Legislative Council), do swear in the name of God that

•solemnly affirm

•I will bear true faith and allegiance to the Constitution of India as by

•law established, that I will uphold the sovereignty and integrity of India

•and that I will faithfully discharge the duty upon which I am about to

enter.”]

•VIII

•Form of oath or affirmation to be made by the Judges of a High Court:—

•“I, A.B., having been appointed Chief Justice (or a Judge) of the High

•Court at (or of) ……….….. do swear in the name of God that I will bear

•solemnly affirm

•true faith and allegiance to the Constitution of India as by law

•established, 1[that I will uphold the sovereignty and integrity of India,]that

•I will duly and faithfully and to the best of my ability, knowledge and

•judgment perform the duties of my office without fear or favour, affection

•or ill-will and that I will uphold the Constitution and the laws.”

•______________________________________________

SECTION Section 1394

Untitled Section

1.Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).

•1[FOURTH SCHEDULE

•[Articles 4(1) and 80(2)]

•Allocation of seats in the Council of States

•To each State or Union territory specified in the first column of the

•following table, there shall be allotted the number of seats specified in the

•second column thereof opposite to that State or that Union territory, as the case

•may be:

•TABLE

SECTION Section 1395

Untitled Section

1.Andhra Pradesh .......................................................2.[.1.1]

•3[2. Telangana ................................................................ 7]

•4[3.] Assam ........................................................................ 7

•4[4.] Bihar.......................................................................5.[.1.6]

•6[4[5.] Jharkhand ................................................................ 6]

•7[8[4[6.] Goa............................................................................1]]

•9[8[4[7.] Gujarat ................................................................ 11]]

•10[8[4[8.] Haryana ................................................................ 5]]

•8[4[9.] Kerala ........................................................................ 9

•______________________________________________

SECTION Section 1396

Untitled Section

1.Fourth ScheduleSubs. by the Constitution (Seventh Amendment) Act, 1956, s. 3(2),

•for ‘Fourth Schedule’(w.e.f. 1-11-1956).

SECTION Section 1397

Untitled Section

2.Subs. by the Andhra Pradesh Reorganisation Act, 2014, s. 12, for “18” (w.e.f. 2-6-2014).

SECTION Section 1398

Untitled Section

3.Ins. by s. 12, ibid. (w.e.f. 2-6-2014).

SECTION Section 1399

Untitled Section

4.Entries 2 to 30 renumbered as entries 3 to 31 respectively by s. 12, ibid. (w.e.f. 2-6-2014).

SECTION Section 14

Untitled Section

•ARTICLES

•PART III

•FUNDAMENTAL RIGHTS

•General

SECTION Section 140

Untitled Section

128.Attendance of retired Judges at sittings of the Supreme Court.

SECTION Section 1400

Untitled Section

5.Subs. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7, for "22" (w.e.f. 15-11-2000).

SECTION Section 1401

Untitled Section

6.Ins. by s. 7, ibid.(w.e.f. 15-11-2000).

SECTION Section 1402

Untitled Section

7.Entries 4 to 26 renumbered as entries 5 to 27 respectively and entry “4Goa….1”ins.

•by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6(a) and (b)

•(w.e.f. 30-5-1987).

SECTION Section 1403

Untitled Section

8.Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000

•(30 of 2000), s. 7 (w.e.f. 15-11-2000).

SECTION Section 1404

Untitled Section

9.Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6, for entry "4"

•(w.e.f.1-5-1960).

SECTION Section 1405

Untitled Section

10.Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 (w.e.f. 1-11-1966).

•273

•274 THE CONSTITUTION OF INDIA

•(Fourth Schedule)

•1[2[10.]] Madhya Pradesh ......................................................3.[.1.1]

•4[1[2[11.] Chhattisgarh ...............................................................5]]

•5[1[2[12.] Tamil Nadu ...........................................................6..[.1..8]]

•7[1[2[13.] Maharashtra .............................................................1..9]]

•8[1[2[14.] Karnataka................................................................12]]

•1[2[15.] 9[Odisha]................................................................ 10]

•1[2[16.] Punjab .....................................................................1.0..[7]

•1[2[17.] Rajasthan ................................................................ 10]

•1[2[18.] Uttar Pradesh ..........................................................1.1.[.3.1]

•12[1[2[19.] 13[Uttarakhand]...........................................................3]]

•1[2[20.] West Bengal ..............................................................1.6]

•14[1[2[** * * *.............................................................*]

•15[16[1[2[21.] Nagaland ................................................................ 1]]

•______________________________________________

SECTION Section 1406

Untitled Section

1.Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000

•(30 of 2000), s. 7 (w.e.f. 15-11-2000).

SECTION Section 1407

Untitled Section

2.Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh

•Reorganisation Act, 2014, s. 12 (w.e.f. 2-6-2014).

SECTION Section 1408

Untitled Section

3.Subs. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 7, for "16"

•(w.e.f. 1-11-2000).

SECTION Section 1409

Untitled Section

4.Ins. by s. 7, ibid.(w.e.f. 1-11-2000).

SECTION Section 141

Untitled Section

129.Supreme Court to be a court of record.

SECTION Section 1410

Untitled Section

5.Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for "8.

•Madras" (renumberedas *11) (w.e.f. 14-1-1969).

SECTION Section 1411

Untitled Section

6.Subs. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959

•(56 of 1959), s. 8, for "17" (w.e.f. 1-4-1960).

SECTION Section 1412

Untitled Section

7.Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6 (w.e.f. 1-5-1960).

SECTION Section 1413

Untitled Section

8.Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for "10.

•Mysore" (w.e.f. 1-11-1973).

SECTION Section 1414

Untitled Section

9.Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 7 for "Orissa"

•(w.e.f.1-11-2011).

SECTION Section 1415

Untitled Section

10.Subs. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 for "11"

•(w.e.f. 1-11-1966).

SECTION Section 1416

Untitled Section

11.Subs. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 7 for "34"

•(w.e.f. 9-11-2000).

SECTION Section 1417

Untitled Section

12.Ins. by s. 7, ibid.(w.e.f. 9-11-2000).

SECTION Section 1418

Untitled Section

13.Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 5 for

•"Uttaranchal" (w.e.f. 1-1-2007).

SECTION Section 1419

Untitled Section

14.** Entry 21 relating to Jammu and Kashmir deleted by the Jammu and Kashmir

•Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).

SECTION Section 142

Untitled Section

130.Seat of Supreme Court.

SECTION Section 1420

Untitled Section

15.Entries 22 to 31 re-numbered as entries 21 to 30, respectively by the Jammu and

•Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).

SECTION Section 1421

Untitled Section

16.Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 6 (w.e.f. 1-12-1963).

•275 THE CONSTITUTION OF INDIA

•(Fourth Schedule)

•1[2[3[4[22.] Himachal Pradesh ......................................................3.]]]

•3[2[4[23.] Manipur ................................................................ 1]

•3[2[4[24.] Tripura ................................................................ 1]]

•3[2[4[25.] Meghalaya ................................................................1]]

•5[3[2[4[26.] Sikkim ................................................................ 1]]

•6[3[2[4[27.] Mizoram ................................................................ 1]]

•7[3[2[4[28.] Arunachal Pradesh ......................................................1]]

•3[2[4[29.] Delhi ..........................................................................3]

•3[2[4[30.] 8[Puducherry] .............................................................1]]

•9[3[2[4[31. Jammu and Kashmir....................................................4]

•Total 10[233]

•______________________________________________

1.Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 5 (w.e.f. 25-1-1971).

SECTION Section 1422

Untitled Section

2.Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000

•(30 of 2000), s. 7 (w.e.f. 15-11-2000).

SECTION Section 1423

Untitled Section

3.Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh

•Reorganisation Act, 2014(6 of 2014), s. 12 (w.e.f. 2-6-2014).

SECTION Section 1424

Untitled Section

4.Entries 22 to 31 renumbered as entries 21 to 30 respectively by the Jammu and

•Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).

SECTION Section 1425

Untitled Section

5.Ins. by the Constitution (Thirty-sixth Amenement) Act, 1975, s. 4 (w.e.f. 26-4-1975).

SECTION Section 1426

Untitled Section

6.Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 5 (w.e.f. 20-2-1987).

SECTION Section 1427

Untitled Section

7.Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 5 (w.e.f. 20-2-1987).

SECTION Section 1428

Untitled Section

8.Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006) s. 4, for

•"Pondicherry" (w.e.f. 1-10-2006).

SECTION Section 1429

Untitled Section

9.Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8

•(w.e.f. 31-10-2019).

SECTION Section 143

Untitled Section

131.Original jurisdiction of the Supreme Court.

•[131A. Exclusive jurisdiction of the Supreme Court in regard to questions

•as to constitutional validity of Central laws. Omitted.]

SECTION Section 1430

Untitled Section

10.Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6, for

•"232" (w.e.f. 30-5-1987).

•FIFTH SCHEDULE

•[Article 244(1)]

•Provisions as to the Administration and Control of Scheduled Areas and

•Scheduled Tribes

•PART A

•GENERAL

SECTION Section 1431

Untitled Section

1.Interpretation.—In this Schedule, unless the context otherwise

•requires, the expression “State” 1*** does not include the 2[States of Assam

•3[, 4[Meghalaya, Tripura and Mizoram.]]]

SECTION Section 1432

Untitled Section

2.Executive power of a State in Scheduled Areas.—Subject to the

•provisions of this Schedule, the executive power of a State extends to the

•Scheduled Areas therein.

SECTION Section 1433

Untitled Section

3.Report by the Governor 5*** to the President regarding the

•administration of Scheduled Areas.—The Governor 5*** of each State having

•Scheduled Areas therein shall annually, or whenever so required by the President,

•make a report to the President regarding the administration of the Scheduled

•Areas in that State and the executive power of the Union shall extend to the

•giving of directions to the State as to the administration of the said areas.

•PART B

•ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND

•SCHEDULED TRIBES

SECTION Section 1434

Untitled Section

4.Tribes Advisory Council.—(1) There shall be established in each

•State having Scheduled Areas therein and, if the President so directs, also in

•any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes

•Advisory Council consisting of not more than twenty members of whom, as

•nearly as may be, three-fourths shall be the representatives of the Scheduled

•Tribes in the Legislative Assembly of the State:

•______________________________________________

SECTION Section 1435

Untitled Section

1.The words and letters "means a State specified in Part A or Part B of the First

•Schedule but" omittedby the Constitution (Seventh Amendment) Act, 1956, s. 29 and

Sch.(w.e.f. 1-11-1956).

SECTION Section 1436

Untitled Section

2.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71,for

•"State of Assam" (w.e.f. 21-1-1972).

SECTION Section 1437

Untitled Section

3.Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 3, for "and

•Meghalaya" (w.e.f. 1-4-1985).

SECTION Section 1438

Untitled Section

4.Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Meghalaya and

•Tripura" (w.e.f. 20-2-1987).

SECTION Section 1439

Untitled Section

5.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•276

•277 THE CONSTITUTION OF INDIA

•(Fifth Schedule)

•Provided that if the number of representatives of the Scheduled Tribes in

•the Legislative Assembly of the State is less than the number of seats in the

•Tribes Advisory Council to be filled by such representatives, the remaining

•seats shall be filled by other members of those tribes.

(2)It shall be the duty of the Tribes Advisory Council to advise on such

•matters pertaining to the welfare and advancement of the Scheduled Tribes in

•the State as may be referred to them by the Governor 1***.

(3)The Governor2***may make rules prescribing or regulating, as the

•case may be,—

(a)the number of members of the Council, the mode of their

•appointment and the appointment of the Chairman of the Council and of

•the officers and servants thereof;

(b)the conduct of its meetings and its procedure in general; and

(c)all other incidental matters.

5.Law applicable to Scheduled Areas.—(1) Notwithstanding anything

•in this Constitution, the Governor 1*** may by public notification direct that

•any particular Act of Parliament or of the Legislature of the State shall not

•apply to a Scheduled Area or any part thereof in the State or shall apply to a

•Scheduled Area or any part thereof in the State subject to such exceptions and

•modifications as he may specify in the notification and any direction given

•under this sub-paragraph may be given so as to have retrospective effect.

(2)The Governor may make regulations for the peace and good

•government of any area in a State which is for the time being a Scheduled Area.

•In particular and without prejudice to the generality of the foregoing

•power, such regulations may—

(a)prohibit or restrict the transfer of land by or among members

•of the Scheduled Tribes in such area;

(b)regulate the allotment of land to members of the Scheduled

•Tribes in such area;

•______________________________________________

SECTION Section 144

Untitled Section

132.Appellate jurisdiction of the Supreme Court in appeals from

•High Courts in certain cases.

SECTION Section 1440

Untitled Section

1.The words "or Rajpramukh, as the case may be" omitted by the Constitution (Seventh

•Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1441

Untitled Section

2.The words "or Rajpramukh" omitted by s. 29 and Sch., ibid.(w.e.f. 1-11-1956).

•278 THE CONSTITUTION OF INDIA

•(Fifth Schedule)

(c)regulate the carrying on of business as money-lender by

•persons who lend money to members of the Scheduled Tribes in such

area.

(3)In making any such regulation as is referred to in sub-paragraph (2)

•of this paragraph, the Governor 1*** may repeal or amend any Act of

•Parliament or of the Legislature of the State or any existing law which is for the

•time being applicable to the area in question.

(4)All regulations made under this paragraph shall be submitted

•forthwith to the President and, until assented to by him, shall have no effect.

(5)No regulation shall be made under this paragraph unless the

•Governor21*** making the regulation has, in the case where there is a Tribes

•Advisory Council for the State, consulted such Council.

•PART C

•SCHEDULED AREAS

SECTION Section 1442

Untitled Section

6.Scheduled Areas.—(1) In this Constitution, the expression

•“Scheduled Areas” means such areas as the President may by order declare to

•be Scheduled Areas.

(2)The President may at any time by order —

(a)direct that the whole or any specified part of a Scheduled Area

•shall cease to be a Scheduled Area or a part of such an area;

•2[(aa) increase the area of any Scheduled Area in a State after

•consultation with the Governor of that State;]

(b)alter, but only by way of rectification of boundaries, any

•Scheduled Area;

•______________________________________________

SECTION Section 1443

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•The words "or Rajpramukh" omitted by s. 29 and sch., ibid. (w.e.f. 1-11-1956).

•Seethe Scheduled Areas (Part A States) Order, 1950 (C.O. 9), the Scheduled Areas

•(Part B States) Order, 1950 (C.O.26), the Scheduled Areas (Himachal Pradesh) Order,

•1975 (C.O. 102) and the Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh

•and Orissa) Order, 1977 (C.O. 109).

•See the Madras Scheduled Areas (Cessor) Order, 1950 (C.O. 30) and the Andhra

•Scheduled Areas (Cessor) Order, 1955 (C.O. 50).

SECTION Section 1444

Untitled Section

2.Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),

s.2 (w.e.f. 7-9-1976).

•279 THE CONSTITUTION OF INDIA

•(Fifth Schedule)

(c)on any alteration of the boundaries of a State or on the

•admission into the Union or the establishment of a new State, declare

•any territory not previously included in any State to be, or to form part

•of, a Scheduled Area;

•1[(d) rescind, in relation to any State or States, any order or orders

•made under this paragraph, and in consultation with the Governor of the

•State concerned, make fresh orders redefining the areas which are to be

•Scheduled Areas;]

•and any such order may contain such incidental and consequential provisions as

•appear to the President to be necessary and proper, but save as aforesaid, the

•order made under sub-paragraph (1) of this paragraph shall not be varied by

•any subsequent order.

•PART D

•AMENDMENT OF THE SCHEDULE

SECTION Section 1445

Untitled Section

7.Amendment of the Schedule.—(1) Parliament may from time to time

•by law amend by way of addition, variation or repeal any of the provisions of

•this Schedule and, when the Schedule is so amended, any reference to this

•Schedule in this Constitution shall be construed as a reference to such Schedule

•as so amended.

(2)No such law as is mentioned in sub-paragraph (1) of this paragraph

•shall be deemed to be an amendment of this Constitution for the purposes of

SECTION Section 1446

Untitled Section

•article 368.

•______________________________________________

SECTION Section 1447

Untitled Section

1.Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976(101 of 1976),

s.2 (w.e.f. 7-9-1976).

•SIXTH SCHEDULE

•[Articles 244(2) and 275(1)]

•Provisions as to the Administration of Tribal Areas in 1[the States of

•Assam, Meghalaya, Tripura and Mizoram]

SECTION Section 1448

Untitled Section

21.Autonomous districts and autonomous regions.—(1) Subject to

•the provisions of this paragraph, the tribal areas in each item of3[4[Parts I, II

•and IIA] and in Part III] of the table appended to paragraph 20 of this

•Schedule shall be an autonomous district.

(2)If there are different Scheduled Tribes in an autonomous district,

•the Governor may, by public notification, divide the area or areas inhabited

•by them into autonomous regions.

(3)The Governor may, by public notification,—

(a)include any area in 3[any of the Parts]of the said table;

(b)exclude any area from 3[any of the Parts]of the said table;

(c)create a new autonomous district;

(d)increase the area of any autonomous district;

(e)diminish the area of any autonomous district;

(f)unite two or more autonomous districts or parts thereof so

•as to form one autonomous district;

•5[(ff) alter the name of any autonomous district];

(g)define the boundaries of any autonomous district:

•______________________________________________

SECTION Section 1449

Untitled Section

1.Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for certain words

•(w.e.f. 20-2-1987).

SECTION Section 145

Untitled Section

133.Appellate jurisdiction of the Supreme Court in appeals from

•High Courts in regard to civil matters.

SECTION Section 1450

Untitled Section

2.Paragraph 1 has been amended in its application to the State of Assam by the Sixth

•Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to

•insert the following proviso after sub-paragraph (2), namely:—

•"Provided that nothing in this sub-paragraph shall apply to the Bodoland

•Territorial Areas District" (w.e.f. 7-9-2003).

SECTION Section 1451

Untitled Section

3.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)

•and Eighth Sch., for "Part A" (w.e.f. 21-1-1972).

SECTION Section 1452

Untitled Section

4.Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for "Part I and

•II" (w.e.f. 1-4-1985).

SECTION Section 1453

Untitled Section

5.Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and

•Fourth Sch. (w.e.f. 2-4-1970).

•280

•281 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•Provided that no order shall be made by the Governor under clauses (c),

(d), (e) and (f) of this sub-paragraph except after consideration of the report of

•a Commission appointed under sub-paragraph (1) of paragraph 14 of this

•Schedule:

•1[Provided further that any order made by the Governor under this

•sub-paragraph may contain such incidental and consequential provisions

•(including any amendment of paragraph 20 and of any item in any of the

•Parts of the said Table) as appear to the Governor to be necessary for giving

•effect to the provisions of the order.]

SECTION Section 1454

Untitled Section

22.Constitution of District Councils and Regional Councils.—

•3[(1) There shall be a District Council for each autonomous district

•consisting of not more than thirty members, of whom not more than four

•persons shall be nominated by the Governor and the rest shall be elected on

•the basis of adult suffrage.]

•______________________________________________

SECTION Section 1455

Untitled Section

1.Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and

•Eighth Sch.(w.e.f. 21-1-1972).

SECTION Section 1456

Untitled Section

2.Paragraph 2 has been amended in its application to the State of Assam by the Sixth

•Schedule to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2,so as to insert

•the following proviso after sub-paragraph (1), namely:—

•“Provided that the Bodoland Territorial Council shall consist of not more than

•forty-six members of whom forty shall be elected on the basis of adult suffrage, of

•whom thirty shall be reserved for the Scheduled Tribes, five for non-tribal

•communities, five open for all communities and the remaining six shall be nominated

•by the Governor having same rights and privileges as other members, including voting

•rights, from amongst the un-represented communities of the Bodoland Territorial

•Areas District, of which at least two shall be women:”

•Paragraph 2 has been amended in its application to the State of Assam by the Sixth

•Schedule to the Constitution (Amendment) Act, 1995(42 of 1995), s.2,so as to insert the

•following proviso after sub-paragraph (3), namely :—

•“Provided that the District Council constituted for the North Cachar Hills

•District shall be called as the North Cachar Hills Autonomous Council and the

•District Council constituted for the Karbi Anglong District shall be called as the

•Karbi Anglong Autonomous Council.”

•Paragraph 2 has been amended in its application to the State of Assam by the Sixth

•Schedule to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2,so as to insert

•the following proviso after sub-paragraph (3), namely:—

•“Provided further that the District Council constituted for the Bodoland

•Territorial Areas District shall be called the Bodoland Territorial Council.”

SECTION Section 1457

Untitled Section

3.Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and

•Fourth Sch., for sub-paraghaph (1) (w.e.f. 2-4-1970).

•282 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(2)There shall be a separate Regional Council for each area

•constituted an autonomous region under sub-paragraph (2) of paragraph 1 of

•this Schedule.

(3)Each District Council and each Regional Council shall be a body

•corporate by the name respectively of “the District Council of (name of

•district)” and “the Regional Council of (name of region)”, shall have

•perpetual succession and a common seal and shall by the said name sue and

•be sued.

(4)Subject to the provisions of this Schedule, the administration of

•an autonomous district shall, in so far as it is not vested under this Schedule

•in any Regional Council within such district, be vested in the District

•Council for such district and the administration of an autonomous region

•shall be vested in the Regional Council for such region.

(5)In an autonomous district with Regional Councils, the District

•Council shall have only such powers with respect to the areas under the

•authority of the Regional Council as may be delegated to it by the Regional

•Council in addition to the powers conferred on it by this Schedule with

•respect to such areas.

(6)The Governor shall make rules for the first constitution of District

•Councils and Regional Councils in consultation with the existing tribal

•Councils or other representative tribal organisations within the autonomous

•districts or regions concerned, and such rules shall provide for—

(a)the composition of the District Councils and Regional

•Councils and the allocation of seats therein;

(b)the delimitation of territorial constituencies for the purpose

•of elections to those Councils;

(c)the qualifications for voting at such elections and the

•preparation of electoral rolls therefor;

(d)the qualifications for being elected at such elections as

•members of such Councils;

(e)the term of office of members of 1[Regional Councils];

•______________________________________________

SECTION Section 1458

Untitled Section

1.Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and

•Fourth Sch., for "such Councils" (w.e.f. 2-4-1970).

•283 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(f)any other matter relating to or connected with elections or

•nominations to such Councils;

(g)the procedure and the conduct of business 1[(including the

•power to act notwithstanding any vacancy)] in the District and

•Regional Councils;

(h)the appointment of officers and staff of the District and

•Regional Councils.

•1[(6A) The elected members of the District Council shall hold office

•for a term of five years from the date appointed for the first meeting of the

•Council after the general elections to the Council, unless the District

•Council is sooner dissolved under paragraph 16 and a nominated member

•shall hold office at the pleasure of the Governor:

•Provided that the said period of five years may, while a Proclamation

•of Emergency is in operation or if circumstances exist which, in the opinion

•of the Governor, render the holding of elections impracticable, be extended

•by the Governor for a period not exceeding one year at a time and in any

•case where a Proclamation of Emergency is in operation not extending

•beyond a period of six months after the Proclamation has ceased to operate:

•Provided further that a member elected to fill a casual vacancy shall

•hold office only for the remainder of the term of office of the member

•whom he replaces.]

(7)The District or the Regional Council may after its first

•constitution make rules 1[with the approval of the Governor] with regard to

•the matters specified in sub-paragraph (6) of this paragraph and may also

•make rules 1[with like approval]regulating—

(a)the formation of subordinate local Councils or Boards and

•their procedure and the conduct of their business; and

(b)generally all matters relating to the transaction of business

•pertaining to the administration of the district or region, as the case

•may be:

•______________________________________________

1.Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and

•Fourth Sch.(w.e.f. 2-4-1970).

•284 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•Provided that until rules are made by the District or the Regional

•Council under this sub-paragraph the rules made by the Governor under

•sub-paragraph (6) of this paragraph shall have effect in respect of elections

•to, the officers and staff of, and the procedure and the conduct of business

•in, each such Council.

•1* * * *

•2-323. Powers of the District Councils and Regional Councils to

•make laws.—(1) The Regional Council for an autonomous region in

•______________________________________________

SECTION Section 1459

Untitled Section

1.Second proviso omitted by s. 74 and Fourth Sch. of the Assam Reorganisation (Meghalaya)

•Act, 1969 (55 of 1969)(w.e.f. 2-4-1970).

SECTION Section 146

Untitled Section

134.Appellate jurisdiction of the Supreme Court in regard to criminal

matters.

•(ix) Contents

SECTION Section 1460

Untitled Section

2.Paragraph 3 has been amended in its application to the State of Assam by the Sixth Schedule to the

•Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to substitute sub-paragraph (3) as

•under (w.e.f. 7-9-2003),—

•“(3) Save as otherwise provided in sub-paragraph (2) of paragraph 3A or sub-paragraph

(2)of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of paragraph 3A

•or sub-paragraph (1) of paragraph 3B shall be submitted forthwith to the Governor and, until

•assented to by him, shall have no effect.” .

•After paragraph 3, the following paragraph has been inserted in its application to the State of

•Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2,

•(w.e.f. 12-9-1995), namely: —

•“3A. Additional powers of the North Cachar Hills Autonomous Council and the

•Karbi Anglong Autonomous Council to make laws.—(1) Without prejudice to the

•provisions of paragraph 3, the North Cachar Hills Autonomous Council and the Karbi

•Anglong Autonomous Council within their respective districts, shall have power to make

•laws with respect to—

(a)industries, subject to the provisions of entries 7 and 52 of List I of the Seventh

•Schedule;

(b)communications, that is to say, roads, bridges, ferries and other means of

•communication not specified in List I of the Seventh Schedule; municipal tramways,

•ropeways, inland waterways and traffic thereon subject to the provisions of List I and

•List III of the Seventh Schedule with regard to such waterways; vehicles other than

•mechanically propelled vehicles;

(c)preservation, protection and improvement of stock and prevention of animal

•diseases; veterinary training and practice; cattle pounds;

(d)primary and secondary education;

(e)agriculture, including agricultural education and research, protection against pests

•and prevention of plant diseases;

(f)fisheries;

•285 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•(Foot-note Continue),—

(g)water, that is to say, water supplies, irrigation and canals, drainage and

•embankments, water storage and water power subject to the provisions of entry 56 of

•List I of the Seventh Schedule;

(h)social security and social insurance; employment and unemployment;

(i)flood control schemes for protection of villages, paddy fields, markets, towns, etc.

•(not of technical nature);

(j)theatre and dramatic performances, cinemas subject to the provisions of entry 60 of

•List I of the Seventh Schedule; sports, entertainments and amusements;

(k)public health and sanitation, hospitals and dispensaries;

(l)minor irrigation;

(m)trade and commerce in, and the production supply and distribution of, food stuffs,

•cattle fodder, raw cotton and raw jute;

(n)libraries, museums and other similar institutions controlled or financed by the State;

•ancient and historical monuments and records other than those declared by or under

•any law made by Parliament to be of national importance; and

(o)alienation of land.

(2)All laws made by the North Cachar Hills Autonomous Council and the Karbi Anglong

•Autonomous Council under paragraph 3 or under this paragraph shall, in so far as they relate to

•matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor

•who shall reserve the same for the consideration of the President.

(3)When a law is reserved for the consideration of the President, the President shall declare

•either that he assents to the said law or that he withholds assent therefrom:

•Provided that the President may direct the Governor to return the law to the North Cachar

•Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be,

•together with a message requesting that the said Council will reconsider the law 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 the law is so returned, the

•said Council shall consider the law accordingly within a period of six months from the date of

•receipt of such message and, if the law is again passed by the said Council with or without

•amendment it shall be presented again to the President for his consideration.".

•After paragraph 3A, the following paragraph has been inserted in its application to the State of Assam

•by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, (w.e.f. 7-9-

•2003), namely:—

3B.Additional powers of the Bodoland Territorial Council to make laws.—(1) Without

•prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within its areas

•shall have power to make laws with respect to :—

(i)agriculture, including agricultural education and research, protection against

•pests and prevention of plant diseases; (ii) animal husbandry and veterinary, that is to say,

•preservation, protection and improvement of stock and prevention of animal diseases,

•veterinary training and practice, cattle pounds; (iii) co-operation; (iv) cultural affairs; (v)

•education, that is to say, primary education, higher secondary including vocational training,

•adult education, college education (general); (vi) fisheries; (vii) flood control for protection

•of village, paddy fields, markets and towns (not of technical nature); (viii) Food and civil

•286 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•supply; (ix) forests (other than reserved forests); (x) handloom and textile; (xi) health and

•family welfare, (xii) intoxicating liquors, opium and derivatives, subject to the provisions of

•entry 84 of List I of the Seventh Schedule; (xiii) irrigation; (xiv) labour and employment;

•(xv) land and revenue; (xvi) library services (financed and controlled by the State

•Government); (xvii) lotteries (subject to the provisions of entry 40 of List I of the Seventh

•Schedule), theatres, dramatic performances and cinemas (subject to the provisions of entry

•60 of List I of the Seventh Schedule); (xviii) markets and fairs; (xix) municipal corporation,

•improvement trust, district boards and other local authorities; (xx) museum and

•archaeology institutions controlled or financed by the State, ancient and historical

•monuments and records other than those declared by or under any law made by Parliament

•to be of national importance; (xxi) panchayat and rural development; (xxii) planning and

•development; (xxiii) printing and stationery; (xxiv) public health engineering; (xxv) public

•works department; (xxvi) publicity and public relations; (xxvii) registration of births and

•deaths; (xxviii) relief and rehabilitation; (xxix) sericulture; (xxx) small, cottage and rural

•industry subject to the provisions of entries 7 and 52 of List I of the Seventh Schedule;

•(xxxi) social Welfare; (xxxii) soil conservation; (xxxiii) sports and youth welfare;

•(xxxiv) statistics; (xxxv) tourism; (xxxvi) transport (roads, bridges, ferries and other

•means of communications not specified in List I of the Seventh Schedule, municipal

•tramways, ropeways, inland waterways and traffic thereon subject to the provision of List

•I and List III of the Seventh Schedule with regard to such waterways, vehicles other than

•mechanically propelled vehicles); (xxxvii) tribal research institute controlled and financed

•by the State Government; (xxxviii) urban development—town and country planning;

•(xxxix) weights and measures subject to the provisions of entry 50 of List I of the Seventh

•Schedule; and (xl) Welfare of plain tribes and backward classes:

•Provided that nothing in such laws shall—

(a)extinguish or modify the existing rights and privileges of any citizen

•in respect of his land at the date of commencement of this Act; and

(b)disallow and citizen from acquiring land either by way of inheritance,

•allotment, settlement or by any other way of transfer if such citizen is otherwise

•eligible for such acquisition of land within the Bodoland Territorial Areas

District.

(2)All laws made under paragraph 3 or under this paragraph shall in so far as they

•relate to matters specified in List III of the Seventh Schedule, be submitted forthwith to the

•Governor who shall reserve the same for the consideration of the President.

(3)When a law is reserved for the consideration of the President, the President shall

•declare either that he assents to the said law or that he withholds assent therefrom:

•Provided that the President may direct the Governor to return the law to the

•Bodoland Territorial Council, together with the message requesting that the said Council

•will reconsider the law 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 the law is so returned, the said Council shall consider the law accordingly within

•a period of six months from the date of receipt of such message and, if the law is again

•passed by the said Council with or without amendments it shall be presented again to the

•President for his consideration.”.

•287 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•respect of all areas within such region and the District Council for an

•autonomous district in respect of all areas within the district except those

•which are under the authority of Regional Councils, if any, within the

•district shall have power to make laws with respect to—

(a)the allotment, occupation or use, or the setting apart, of

•land, other than any land which is a reserved forest for the purposes

•of agriculture or grazing or for residential or other non-agricultural

•purposes or for any other purpose likely to promote the interests of

•the inhabitants of any village or town:

•Provided that nothing in such laws shall prevent the

•compulsory acquisition of any land, whether occupied or unoccupied,

•for public purposes 1[by the Government of the State concerned] in

•accordance with the law for the time being in force authorising such

•acquisition;

(b)the management of any forest not being a reserved forest;

(c)the use of any canal or water-course for the purpose of

•agriculture;

(d)the regulation of the practice of jhum or other forms of

•shifting cultivation;

(e)the establishment of village or town committees or councils

•and their powers;

(f)any other matter relating to village or town administration,

•including village or town police and public health and sanitation;

(g)the appointment or succession of Chiefs or Headmen;

(h)the inheritance of property;

•2[(i) marriage and divorce;]

(j)social customs.

(2)In this paragraph, a “reserved forest” means any area which is a

•reserved forest under the Assam Forest Regulation, 1891, or under any other

•law for the time being in force in the area in question.

•______________________________________________

SECTION Section 1461

Untitled Section

1.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)

•and Eighth Sch., for certain words (w.e.f. 21-1-1972).

SECTION Section 1462

Untitled Section

2.Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and

•Fourth Sch., for cl. (i) (w.e.f. 2-4-1970).

•288 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(3)All laws made under this paragraph shall be submitted forthwith

•to the Governor and, until assented to by him, shall have no effect.

SECTION Section 1463

Untitled Section

14.Administration of justice in autonomous districts and

•autonomous regions.—(1) The Regional Council for an autonomous region

•in respect of areas within such region and the District Council for an

•autonomous district in respect of areas within the district other than those

•which are under the authority of the Regional Councils, if any, within the

•district may constitute village councils or courts for the trial of suits and

•cases between the parties all of whom belong to Scheduled Tribes within

•such areas, other than suits and cases to which the provisions of

•sub-paragraph (1) of paragraph 5 of this Schedule apply, to the exclusion

•of any court in the State, and may appoint suitable persons to be members of

•such village councils or presiding officers of such courts, and may also

•appoint such officers as may be necessary for the administration of the laws

•made under paragraph 3 of this Schedule.

(2)Notwithstanding anything in this Constitution, the Regional

•Council for an autonomous region or any court constituted in that behalf by

•the Regional Council or, if in respect of any area within an autonomous

•district there is no Regional Council, the District Council for such district,

•or any court constituted in that behalf by the District Council, shall exercise

•the powers of a court of appeal in respect of all suits and cases triable by a

•village council or court constituted under sub-paragraph (1) of this

•paragraph within such region or area, as the case may be, other than those to

•which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule

•apply, and no other court except the High Court and the Supreme Court

•shall have jurisdiction over such suits or cases.

(3)The High Court 2*** shall have and exercise such jurisdiction

•over the suits and cases to which the provisions of sub-paragraph (2) of this

•paragraph apply as the Governor may from time to time by order specify.

•______________________________________________

SECTION Section 1464

Untitled Section

1.Paragraph 4 has been amended in its application to the State of Assam by the Sixth

•Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, (w.e.f. 7-9-2003)

•so as to insert the following sub-paragraph after sub-paragraph (5), namely:—

•“(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council

•constituted under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.” .

SECTION Section 1465

Untitled Section

2.The words "of Assam" omitted by the North-Eastern Areas (Reorganisation)Act, 1971

•(81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).

•289 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(4)A Regional Council or District Council, as the case may be, may

•with the previous approval of the Governor make rules regulating —

(a)the constitution of village councils and courts and the

•powers to be exercised by them under this paragraph;

(b)the procedure to be followed by village councils or courts in

•the trial of suits and cases under sub-paragraph (1) of this paragraph;

(c)the procedure to be followed by the Regional or District

•Council or any court constituted by such Council in appeals and other

•proceedings under sub-paragraph (2) of this paragraph;

(d)the enforcement of decisions and orders of such councils

•and courts;

(e)all other ancillary matters for the carrying out of the

•provisions of sub-paragraphs (1) and (2) of this paragraph.

•1[(5) On and from such date as the President may, 2[after consulting the

•Government of the State concerned], by notification appoint in this behalf, this

•paragraph shall have effect in relation to such autonomous district or region as

•may be specified in the notification, as if—

(i)in sub-paragraph (1), for the words “between the parties all of

•whom belong to Scheduled Tribes within such areas, other than suits

•and cases to which the provisions of sub-paragraph (1) of paragraph 5

•of this Schedule apply,”, the words “not being suits and cases of the

•nature referred to in sub-paragraph (1) of paragraph (5) of this

•Schedule, which the Governor may specify in this behalf,” had been

•substituted;

•(ii) sub-paragraphs (2) and (3) had been omitted;

•(iii) in sub-paragraph (4)—

(a)for the words “A Regional Council or District

•Council, as the case may be, may with the previous approval of

•the Governor make rules regulating”, the words “the Governor

•may make rules regulating” had been substituted; and

(b)for clause (a), the following clause had been

•substituted, namely:—

•______________________________________________

SECTION Section 1466

Untitled Section

1.Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and

•Fourth Sch. (w.e.f. 2-4-1970).

SECTION Section 1467

Untitled Section

2.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)

•and Eighth Sch., for certain words (w.e.f. 21-1-1972).

•290 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•“(a) the constitution of village councils and courts,

•the powers to be exercised by them under this paragraph

•and the courts to which appeals from the decisions of

•village councils and courts shall lie;”;

(c)for clause (c), the following clause had been

•substituted, namely:—

•“(c) the transfer of appeals and other proceedings

•pending before the Regional or District Council or any

•court constituted by such Council immediately before the

•date appointed by the President under sub-paragraph

(5);”; and

(d)in clause (e), for the words, brackets and figures

•“sub-paragraphs (1) and (2)”, the word, brackets and figure

•“sub-paragraph (1)” had been substituted.]

SECTION Section 1468

Untitled Section

5.Conferment of powers under the Code of Civil Procedure,

•1908, and the Code of Criminal Procedure, 18981, on the Regional and

•District Councils and on certain courts and officers for the trial of

•certain suits, cases and offences.—(1) The Governor may, for the trial of

•suits or cases arising out of any law in force in any autonomous district or

•region being a law specified in that behalf by the Governor, or for the trial

•of offences punishable with death, transportation for life, or imprisonment

•for a term of not less than five years under the Indian Penal Code or under

•any other law for the time being applicable to such district or region, confer

•on the District Council or the Regional Council having authority over such

•district or region or on courts constituted by such District Council or on any

•officer appointed in that behalf by the Governor, such powers under the

•Code of Civil Procedure, 1908, or, as the case may be, the Code of Criminal

•Procedure, 18981, as he deems appropriate, and thereupon the said Council,

•court or officer shall try the suits, cases or offences in exercise of the

•powers so conferred.

(2)The Governor may withdraw or modify any of the powers

•conferred on a District Council, Regional Council, court or officer under

•sub-paragraph (1) of this paragraph.

(3)Save as expressly provided in this paragraph, the Code of Civil

•Procedure, 1908, and the Code of Criminal Procedure, 18981, shall not

•apply to the trial of any suits, cases or offences in an autonomous district or

•in any autonomous region to which the provisions of this paragraph apply.

•______________________________________________

SECTION Section 1469

Untitled Section

1.Seethe Code of Criminal Procedure, 1973 ( 2 of 1974).

•291 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•1[(4) On and from the date appointed by the President under

•sub-paragraph (5) of paragraph 4 in relation to any autonomous district or

•autonomous region, nothing contained in this paragraph shall, in its

•application to that district or region, be deemed to authorise the Governor to

•confer on the District Council or Regional Council or on courts constituted

•by the District Council any of the powers referred to in sub-paragraph (1) of

•this paragraph.]

•2[6. Powers of the District Council to establish primary schools,

etc.— (1) The District Council for an autonomous district may establish,

•construct, or manage primary schools, dispensaries, markets, 3[cattle

•pounds], ferries, fisheries, roads, road transport and waterways in the district

•and may, with the previous approval of the Governor, make regulations for

•the regulation and control thereof and, in particular, may prescribe the

•language and the manner in which primary education shall be imparted in

•the primary schools in the district.

(2)The Governor may, with the consent of any District Council,

•entrust either conditionally or unconditionally to that Council or to its

•officers functions in relation to agriculture, animal husbandry, community

•projects, co-operative societies, social welfare, village planning or any other

•matter to which the executive power of the State 4*** extends.

SECTION Section 147

Untitled Section

•ARTICLES

134A.Certificate for appeal to the Supreme Court.

SECTION Section 1470

Untitled Section

7.District and Regional Funds.—(1) There shall be constituted for

•each autonomous district, a District Fund and for each autonomous region, a

•Regional Fund to which shall be credited all moneys received respectively

•by the District Council for that district and the Regional Council for that

•region in the course of the administration of such district or region, as the

•case may be, in accordance with the provisions of this Constitution.

•______________________________________________

SECTION Section 1471

Untitled Section

1.Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and

•Fourth Sch. (w.e.f. 2-4-1970).

SECTION Section 1472

Untitled Section

2.Subs. by s. 74 and Fourth Sch., ibid. for "paragraph 6" (w.e.f. 2-4-1970).

SECTION Section 1473

Untitled Section

3.Subs. by the Repealing and Amending Act, 1974 (56 of 1974), s. 4, for "cattle

•ponds" (w.e.f. 20-12-1974).

SECTION Section 1474

Untitled Section

4.The words "of Assam or Meghalaya, as the case may be," omitted by the North-

•Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch.

•(w.e.f. 21-1-1972).

•292 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•1[(2) The Governor may make rules for the management of the

•District Fund, or, as the case may be, the Regional Fund and for the

•procedure to be followed in respect of payment of money into the said Fund,

•the withdrawal of moneys therefrom, the custody of moneys therein and any

•other matter connected with or ancillary to the matters aforesaid.

(3)The accounts of the District Council or, as the case may be, the

•Regional Council shall be kept in such form as the Comptroller and

•Auditor-General of India may, with the approval of the President, prescribe.

(4)The Comptroller and Auditor-General shall cause the accounts of

•the District and Regional Councils to be audited in such manner as he may

•think fit, and the reports of the Comptroller and Auditor-General relating to

•such accounts shall be submitted to the Governor who shall cause them to

•be laid before the Council.]

SECTION Section 1475

Untitled Section

8.Powers to assess and collect land revenue and to impose

taxes.—(1) The Regional Council for an autonomous region in respect of all

•lands within such region and the District Council for an autonomous district

•in respect of all lands within the district except those which are in the areas

•under the authority of Regional Councils, if any, within the district, shall

•have the power to assess and collect revenue in respect of such lands in

•accordance with the principles for the time being followed 2[by the

•Government of the State in assessing lands for the purpose of land revenue

•in the State generally.]

(2)The Regional Council for an autonomous region in respect of areas

•within such region and the District Council for an autonomous district in

•respect of all areas in the district except those which are under the authority of

•Regional Councils, if any, within the district, shall have power to levy and

•collect taxes on lands and buildings, and tolls on persons resident within such

areas.

(3)The District Council for an autonomous district shall have the power to

•levy and collect all or any of the following taxes within such district, that is to

•say —

(a)taxes on professions, trades, callings and employments;

(b)taxes on animals, vehicles and boats;

•______________________________________________

SECTION Section 1476

Untitled Section

1.Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and

•Fourth Sch., for sub-paragraph (2) (w.e.f. 2-4-1970).

SECTION Section 1477

Untitled Section

2.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)

•and Eighth Sch., for certain words (w.e.f. 21-1-1972).

•293 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(c)taxes on the entry of goods into a market for sale therein,

•and tolls on passengers and goods carried in ferries; 1***

(d)taxes for the maintenance of schools, dispensaries or roads;

•2[and]

•3[(e) taxes on entertainment and amusements.]

(4)A Regional Council or District Council, as the case may be, may

•make regulations to provide for the levy and collection of any of the taxes

•specified in sub-paragraphs (2) and (3) of this paragraph 4[and every such

•regulation shall be submitted forthwith to the Governor and, until assented

•to by him, shall have no effect].

SECTION Section 1478

Untitled Section

59.Licences or leases for the purpose of prospecting for, or

•extraction of, minerals.—(1) Such share of the royalties accruing each year

•from licences or leases for the purpose of prospecting for, or the extraction of,

•minerals granted by 6[the Government of the State] in respect of any area

•within an autonomous district as may be agreed upon between 6[the

•Government of the State] and the District Council of such district shall be

•made over to that District Council.

(2)If any dispute arises as to the share of such royalties to be made

•over to a District Council, it shall be referred to the Governor for

•determination and the amount determined by the Governor in his discretion

•shall be deemed to be the amount payable under sub-paragraph (1) of this

•paragraph to the District Council and the decision of the Governor shall be

final.

•______________________________________________

SECTION Section 1479

Untitled Section

1.The word "and" omitted by theConstitution (One Hundred and First Amendment)

•Act, 2016, s. 16(i) (w.e.f. 16-9-2016).

SECTION Section 148

Untitled Section

135.Jurisdiction and powers of the Federal Court under existing law

•to be exercisable by the Supreme Court.

SECTION Section 1480

Untitled Section

2.Ins. by s. 16(ii), ibid.(w.e.f. 16-9-2016).

SECTION Section 1481

Untitled Section

3.Ins. by s. 16(iii),ibid.(w.e.f. 16-9-2016).

•4 Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and

•Fourth Sch. (w.e.f. 2-4-1970).

SECTION Section 1482

Untitled Section

5.Paragraph 9 has been amended in its application to the States of Tripura and

•Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of

•1988), s. 2 (w.e.f. 16-12-1988), so as to insert the following sub-paragraph after

•sub-paragraph (2), namely:—

•“(3) The Governor may, by order, direct that the share of royalties to be made

•over to a District Council under this paragraph shall be made over to that Council

•within a period of one year from the date of any agreement under sub-paragraph (1)

•or, as the case may be, of any determination under sub-paragraph (2).”.

SECTION Section 1483

Untitled Section

6.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)

•and Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972).

•294 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

SECTION Section 1484

Untitled Section

110.Power of District Council to make regulations for the control

•of money-lending and trading by non-tribals.—(1) The District

•Council of an autonomous district may make regulations for the

•regulation and control of money-lending or trading within the district by

•persons other than Scheduled Tribes resident in the district.

(2)In particular and without prejudice to the generality of the

•foregoing power, such regulations may—

(a)prescribe that no one except the holder of a licence issued

•in that behalf shall carry on the business of money-lending;

(b)prescribe the maximum rate of interest which may be

•charged or be recovered by a money-lender;

(c)provide for the maintenance of accounts by money-lenders

•and for the inspection of such accounts by officers appointed in that

•behalf by the District Council;

(d)prescribe that no person who is not a member of the

•Scheduled Tribes resident in the district shall carry on wholesale or

•retail business in any commodity except under a licence issued in that

•behalf by the District Council:

•______________________________________________

SECTION Section 1485

Untitled Section

1.Paragraph 10 has been amended in its application to the States of Tripura and

•Mizoram bythe Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of

•1988) (w.e.f. 16-12-1988) s.2,as under—

(a)in the heading, the words “by non-tribals” shall be omitted;

(b)in sub-paragraph (1), the words “other than Scheduled Tribes” shall be

•omitted;

(c)in sub-paragraph (2), for clause (d), the following clause shall be

•substituted, namely:—

•"(d) prescribe that no person resident in the district shall carry on any

•trade, whether wholesale or retail, except under a licence issued in that behalf

•by the District Council:”.

•295 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•Provided that no regulations may be made under this paragraph

•unless they are passed by a majority of not less than three-fourths of the

•total membership of the District Council:

•Provided further that it shall not be competent under any such

•regulations to refuse the grant of a licence to a money-lender or a trader who

•has been carrying on business within the district since before the time of the

•making of such regulations.

(3)All regulations made under this paragraph shall be submitted

•forthwith to the Governor and, until assented to by him, shall have no

effect.

•* * *

SECTION Section 1486

Untitled Section

11.Publication of laws, rules and regulations made under the

Schedule.—All laws, rules and regulations made under this Schedule by a

•District Council or a Regional Council shall be published forthwith in the

•Official Gazette of the State and shall on such publication have the force of

law.

•- 12. 1[Application of Acts of Parliament and of the

•Legislature of the State of Assam to autonomous districts and

•autonomous regions in the State of Assam].— (1) Notwithstanding

•anything in this Constitution,—

•______________________________________________

•Paragraph 10 has been amended in its application to the State of Assam by the Sixth Schedule

•to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f.7-9-2003), so as to insert

•the following sub-paragraph after sub-paragraph (3), namely:—

•"(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council

•constituted under the provisoto sub-paragraph (3) of paragraph 2 of this Schedule.".

•Paragraph 12 has been amended to its application to the State of Assam by the Sixth Schedule

•to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2 (w.e.f. 12-9-1995) as under,—

•‘in paragraph 12, in sub-paragraph (1), for the words and figure “matters specified in

•paragraph 3 of this Schedule”, the words, figures and letter “matters specified in paragraph 3

•or paragraph 3A of this Schedule” shall be substituted.’.

•Paragraph 12 has been amended in its application to the State of Assam by the Sixth

•Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f.7-9-2003), as

•under,—

•‘in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures and letter

•“matters specified in paragraph 3 or paragraph 3A of this Schedule”, the words, figures and

•letters “matters specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule”

•shall be substituted.’.

SECTION Section 1487

Untitled Section

1.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth

Sch., for the heading (w.e.f. 21-1-1972).

•296 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(a)no Act of the 1[Legislature of the State of Assam] in respect

•of any of the matters specified in paragraph 3 of this Schedule as

•matters with respect to which a District Council or a Regional Council

•may make laws, and no Act of the Legislature of the State of Assam

•prohibiting or restricting the consumption of any non-distilled alcoholic

•liquor shall apply to any autonomous district or autonomous region 2[in

•that State] unless in either case the District Council for such district or

•having jurisdiction over such region by public notification so directs,

•and the District Council in giving such direction with respect to any

•Act may direct that the Act shall in its application to such district or

•region or any part thereof have effect subject to such exceptions or

•modifications as it thinks fit;

(b)the Governor may, by public notification, direct that any

•Act of Parliament or of the 1[Legislature of the State of Assam] to

•which the provisions of clause (a) of this sub-paragraph do not apply

•shall not apply to an autonomous district or an autonomous region

•2[in that State], or shall apply to such district or region or any part

•thereof subject to such exceptions or modifications as he may specify

•in the notification.

(2)Any direction given under sub-paragraph (1) of this paragraph

•may be given so as to have retrospective effect.

•3[12A.Application of Acts of Parliament and of the Legislature of

•the State of Meghalaya to autonomous districts and autonomous

•regions in the State of Meghalaya.—Notwithstanding anything in this

•Constitution,—

•______________________________________________

SECTION Section 1488

Untitled Section

1.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)

•and Eighth Sch., for "Legislature of the State" (w.e.f. 21-1-1972).

SECTION Section 1489

Untitled Section

2.Ins. by s. 71(i) and Eighth Sch., ibid.(w.e.f. 21-1-1972).

SECTION Section 149

Untitled Section

136.Special leave to appeal by the Supreme Court.

SECTION Section 1490

Untitled Section

3.Subs. by s. 71(i) and Eighth Sch., ibid., for paragraph 12A (w.e.f. 21-1-1972).

•297 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(a)if any provision of a law made by a District or Regional

•Council in the State of Meghalaya with respect to any matter

•specified in sub-paragraph (1) of paragraph 3 of this Schedule or if

•any provision of any regulation made by a District Council or a

•Regional Council in that State under paragraph 8 or paragraph 10 of

•this Schedule, is repugnant to any provision of a law made by the

•Legislature of the State of Meghalaya with respect to that matter,

•then, the law or regulation made by the District Council or, as the

•case may be, the Regional Council whether made before or after the

•law made by the Legislature of the State of Meghalaya, shall, to the

•extent of repugnancy, be void and the law made by the Legislature of

•the State of Meghalaya shall prevail;

(b)the President may, with respect to any Act of Parliament,

•by notification, direct that it shall not apply to an autonomous district

•or an autonomous region in the State of Meghalaya, or shall apply to

•such district or region or any part thereof subject to such exceptions

•or modifications as he may specify in the notification and any such

•direction may be given so as to have retrospective effect.]

•1[12AA.Application of Acts of Parliament and of the Legislature

•of the State of Tripura to the autonomous districts and autonomous

•regions in the State of Tripura.—Notwithstanding anything in this

•Constitution,—

(a)no Act of the Legislature of the State of Tripura in respect of

•any of the matters specified in paragraph 3 of this Schedule as matters

•with respect to which a District Council or a Regional Council may

•make laws, and no Act of the Legislature of the State of Tripura

•prohibiting or restricting the consumption of any non-distilled alcoholic

•liquor shall apply to the autonomous district or an autonomous region

•in that State unless, in either case, the District Council for that district

•or having jurisdiction over such region by public notification so directs,

•and the District Council in giving such direction with respect to any Act

•may direct that the Act shall, in its application to that district or such

•region or any part thereof have effect subject to such exceptions or

•modifications as it thinks fit;

•______________________________________________

SECTION Section 1491

Untitled Section

1.Paragraph 12AA ins. by theConstitution (Forty-ninth Amendment) Act, 1984, s. 4

•(w.e.f. 1-4-1985) and subsequently subs. by the Sixth Schedule to the Constitution

•(Amendment) Act, 1988 (67 of 1988), s. 2 (w.e.f. 16-12-1988).

•298 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(b)the Governor may, by public notification, direct that any

•Act of the Legislature of the State of Tripura to which the provisions

•of clause (a) of this sub-paragraph do not apply, shall not apply to the

•autonomous district or an autonomous region in that State, or shall

•apply to that district or such region, or any part thereof, subject to

•such exceptions or modifications, as he may specify in the

•notification;

(c)the President may, with respect to any Act of Parliament,

•by notification, direct that it shall not apply to the autonomous district

•or an autonomous region in the State of Tripura, or shall apply to

•such district or region or any part thereof, subject to such exceptions

•or modifications as he may specify in the notification and any such

•direction may be given so as to have retrospective effect.

12B.Application of Acts of Parliament and of the Legislature of

•the State of Mizoram to autonomous districts and autonomous regions

•in the State of Mizoram.—Notwithstanding anything in this

•Constitution,—

(a)no Act of the Legislature of the State of Mizoram in respect

•of any of the matters specified in paragraph 3 of this Schedule as

•matters with respect to which a District Council or a Regional

•Council may make laws, and no Act of the Legislature of the State of

•Mizoram prohibiting or restricting the consumption of any

•non-distilled alcoholic liquor shall apply to any autonomous district

•or autonomous region in that State unless, in either case, the District

•Council for such district or having jurisdiction over such region, by

•public notification, so directs, and the District Council, in giving such

•direction with respect to any Act, may direct that the Act shall, in its

•application to such district or region or any part thereof, have effect

•subject to such exceptions or modifications as it thinks fit;

(b)the Governor may, by public notification, direct that any

•Act of the Legislature of the State of Mizoram to which the

•provisions of clause (a) of this sub-paragraph do not apply, shall not

•apply to an autonomous district or an autonomous region in that

•State, or shall apply to such district or region, or any part thereof,

•subject to such exceptions or modifications, as he may specify in the

•notification;

•299 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(c)the President may, with respect to any Act of Parliament,

•by notification, direct that it shall not apply to an autonomous district

•or an autonomous region in the State of Mizoram, or shall apply to

•such district or region or any part thereof, subject to such exceptions

•or modifications as he may specify in the notification and any such

•direction may be given so as to have retrospective effect.]]

SECTION Section 1492

Untitled Section

13.Estimated receipts and expenditure pertaining to autonomous

•districts to be shown separately in the annual financial statement.—The

•estimated receipts and expenditure pertaining to an autonomous district

•which are to be credited to, or is to be made from, the Consolidated Fund of

•the State 1*** shall be first placed before the District Council for discussion

•and then after such discussion be shown separately in the annual financial

•statement of the State to be laid before the Legislature of the State under

SECTION Section 1493

Untitled Section

•article 202.

SECTION Section 1494

Untitled Section

214.Appointment of Commission to inquire into and report on

•the administration of autonomous districts and autonomous regions.—

(1)The Governor may at any time appoint a Commission to examine and

•report on any matter specified by him relating to the administration of the

•autonomous districts and autonomous regions in the State, including matters

•specified in clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1

•of this Schedule, or may appoint a Commission to inquire into and report

•from time to time on the administration of autonomous districts and

•autonomous regions in the State generally and in particular on—

(a)the provision of educational and medical facilities and

•communications in such districts and regions;

(b)the need for any new or special legislation in respect of

•such districts and regions; and

(c)the administration of the laws, rules and regulations made

•by the District and Regional Councils;

•and define the procedure to be followed by such Commission.

•______________________________________________

SECTION Section 1495

Untitled Section

1.The words "of Assam" omitted by the North-Eastern Areas (Reorganisation)

•Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).

SECTION Section 1496

Untitled Section

2.Paragraph 14 has been amended in its application to the State of Assam by the

•Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2

•(w.e.f. 12-9-1995)as under:—

•‘in paragraph 14, in sub-paragraph (2), the words “with the recommendations

•of the Governor with respect thereto” shall be omitted.’.

•300 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(2)The report of every such Commission with the recommendations

•of the Governor with respect thereto shall be laid before the Legislature of

•the State by the Minister concerned together with an explanatory

•memorandum regarding the action proposed to be taken thereon by 1[the

•Government of the State.]

(3)In allocating the business of the Government of the State among

•his Ministers the Governor may place one of his Ministers specially in

•charge of the welfare of the autonomous districts and autonomous regions in

•the State.

SECTION Section 1497

Untitled Section

215.Annulment or suspension of acts and resolutions of District

•and Regional Councils.—(1) If at any time the Governor is satisfied that an

•act or resolution of a District or a Regional Council is likely to endanger the

•safety of India 3[or is likely to be prejudicial to public order], he may annul

•or suspend such act or resolution and take such steps as he may consider

•necessary (including the suspension of the Council and the assumption to

•himself of all or any of the powers vested in or exercisable by the Council)

•to prevent the commission or continuance of such act, or the giving of effect

•to such resolution.

(2)Any order made by the Governor under sub-paragraph (1) of this

•paragraph together with the reasons therefor shall be laid before the

•Legislature of the State as soon as possible and the order shall, unless

•revoked by the Legislature of the State, continue in force for a period of

•twelve months from the date on which it was so made:

•Provided that if and so often as a resolution approving the

•continuance in force of such order is passed by the Legislature of the State,

•the order shall unless cancelled by the Governor continue in force for a

•further period of twelve months from the date on which under this

•paragraph it would otherwise have ceased to operate.

•______________________________________________

SECTION Section 1498

Untitled Section

1.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)

•and Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972).

SECTION Section 1499

Untitled Section

2.Paragraph 15 has been amended in its application to the States of Tripura and

•Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988

•(67 of 1988), s. 2(w.e.f. 16-12-1988), as under,—

•In Paragraph 15, in sub-paragraph(2), —

•‘(a) in the opening paragraph, for the words “by the Legislature of the

•State”, the words “by him” shall be substituted;

(b)the proviso shall be omitted.’.

SECTION Section 15

Untitled Section

12.Definition.

SECTION Section 150

Untitled Section

137.Review of judgments or orders by the Supreme Court.

SECTION Section 1500

Untitled Section

3.Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and

•Fourth Sch. (w.e.f. 2-4-1970).

•301 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

SECTION Section 1501

Untitled Section

116.Dissolution of a District or a Regional Council.— 2[(1)] The

•Governor may on the recommendation of a Commission appointed under

•paragraph 14 of this Schedule by public notification order the dissolution of

•a District or a Regional Council, and—

(a)direct that a fresh general election shall be held

•immediately for the reconstitution of the Council; or

(b)subject to the previous approval of the Legislature of the

•State assume the administration of the area under the authority of

•such Council himself or place the administration of such area under

•the Commission appointed under the said paragraph or any other

•body considered suitable by him for a period not exceeding twelve

•months:

•Provided that when an order under clause (a) of this paragraph has

•been made, the Governor may take the action referred to in clause (b) of this

•paragraph with regard to the administration of the area in question pending

•the reconstitution of the Council on fresh general election:

•Provided further that no action shall be taken under clause (b) of this

•paragraph without giving the District or the Regional Council, as the case

•may be, an opportunity of placing its views before the Legislature of the

State.

•______________________________________________

SECTION Section 1502

Untitled Section

1.Paragraph 16 has been amended in its application to the States of Tripura and

•Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988

•(67 of 1988) s. 2(w.e.f. 16-12-1988), as under,—

•‘(a) in sub-paragraph (1), the words “subject to the previous approval of the

•Legislature of the State” occurring in clause (b), and the second proviso shall be

•omitted;

(b)for sub-paragraph (3), the following sub-paragraph shall be substituted,

•namely:—

•“(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of

•this paragraph, along with the reasons therefor shall be laid before the

•Legislature of the State.”.’.

SECTION Section 1503

Untitled Section

2.Paragraph 16 renumbered as sub-paragraph (1) thereof by the Assam

•Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch.

•(w.e.f. 2-4-1970).

•302 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•1[(2) If at any time the Governor is satisfied that a situation has arisen in

•which the administration of an autonomous district or region cannot be carried

•on in accordance with the provisions of this Schedule, he may, by public

•notification, assume to himself all or any of the functions or powers vested in or

•exercisable by the District Council or, as the case may be, the Regional Council

•and declare that such functions or powers shall be exercisable by such person or

•authority as he may specify in this behalf, for a period not exceeding six months:

•Provided that the Governor may by a further order or orders extend the

•operation of the initial order by a period not exceeding six months on each

occasion.

(3)Every order made under sub-paragraph (2) of this paragraph with

•the reasons therefor shall be laid before the Legislature of the State and shall

•cease to operate at the expiration of thirty days from the date on which the

•State Legislature first sits after the issue of the order, unless, before the

•expiry of that period it has been approved by that State Legislature.]

SECTION Section 1504

Untitled Section

217.Exclusion of areas from autonomous districts in forming

•constituencies in such districts.—For the purposes of elections to 3[the

•Legislative Assembly of Assam or Meghalaya] 4[or Tripura] 5[or Mizoram],

•the Governor may by order declare that any area within an autonomous

•district 6[in the State of Assam or Meghalaya 4[or Tripura] 5[or Mizoram],

•as the case may be,] shall not form part of any constituency to fill a seat or

•seats in the Assembly reserved for any such district but shall form part of a

•constituency to fill a seat or seats in the Assembly not so reserved to be

•specified in the order.

•7[18.* * * * *]

•______________________________________________

SECTION Section 1505

Untitled Section

1.Added by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74

•and Fourth Sch. (w.e.f. 2-4-1970).

SECTION Section 1506

Untitled Section

2.Paragraph 17 has been amended in its application to the State of Assam by the

•Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2

•(w.e.f. 7-9-2003) so as to insert the following proviso, namely:—

•“Provided that nothing in this paragraph shall apply to the Bodoland Territorial

•Areas District.”.

SECTION Section 1507

Untitled Section

3.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)

•and Eighth Sch., for "the Legislative Assembly of Assam" (w.e.f. 21-1-1972).

SECTION Section 1508

Untitled Section

4.Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).

SECTION Section 1509

Untitled Section

5.Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).

SECTION Section 151

Untitled Section

138.Enlargement of the jurisdiction of the Supreme Court.

SECTION Section 1510

Untitled Section

6.Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)

•and Eighth Sch., for "the Legislative Assembly of Assam" (w.e.f. 21-1-1972).

SECTION Section 1511

Untitled Section

7.Paragraph 18 omitted by s. 71(i) and Eighth Sch., ibid.(w.e.f. 21-1-1972).

•303 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

SECTION Section 1512

Untitled Section

119.Transitional provisions.—(1) As soon as possible after the

•commencement of this Constitution the Governor shall take steps for the

•constitution of a District Council for each autonomous district in the State

•under this Schedule and, until a District Council is so constituted for an

•autonomous district, the administration of such district shall be vested in the

•Governor and the following provisions shall apply to the administration of

•the areas within such district instead of the foregoing provisions of this

•Schedule, namely:—

(a)no Act of Parliament or of the Legislature of the State shall

•apply to any such area unless the Governor by public notification so

•directs; and the Governor in giving such a direction with respect to

•any Act may direct that the Act shall, in its application to the area or

•to any specified part thereof, have effect subject to such exceptions or

•modifications as he thinks fit;

(b)the Governor may make regulations for the peace and good

•government of any such area and any regulations so made may repeal

•or amend any Act of Parliament or of the Legislature of the State or

•any existing law which is for the time being applicable to such area.

(2)Any direction given by the Governor under clause (a) of

•sub-paragraph (1) of this paragraph may be given so as to have retrospective

effect.

•______________________________________________

SECTION Section 1513

Untitled Section

1.Paragraph 19 has been amended in its application to the State of Assam by the

•Sixth Sch. to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2

•(w.e.f. 7-9-2003), so as to insert the following sub-paragraph after sub-paragraph

(3), namely :—

•‘(4) As soon as possible after the commencement of this Act and Interim

•Executive Council for Bodoland Territorial Areas District in Assam shall be

•formed by the Governor from amongst leaders of the Bodo movement, including

•the signatories to the Memorandum of Settlement, and shall provide adequate

•representation to the non-tribal communities in that area:

•Provided that Interim Council shall be for a period of six months during

•which endeavour to hold the election to the Council shall be made.

Explanation.—For the purposes of this sub-paragraph, the expression

•“Memorandum of Settlement” means the Memorandum signed on the 10th day of

•February, 2003 between Government of India, Government of Assam and Bodo

•Liberation Tigers.’.

•304 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(3)All regulations made under clause (b) of sub-paragraph (1) of this

•paragraph shall be submitted forthwith to the President and, until assented

•to by him, shall have no effect.

•1[20. Tribal areas.—(1) The areas specified in Parts I, II 2[, IIA] and

•III of the table below shall respectively be the tribal areas within the State of

•Assam, the State of Meghalaya 2[, the State of Tripura] and the 3[State] of

Mizoram.

(2)4[Any reference in Part I, Part II or Part III of the table below] to

•any district shall be construed as a reference to the territories comprised

•within the autonomous district of that name existing immediately before the

•day appointed under clause (b) of section 2 of the North-Eastern Areas

•(Reorganisation) Act, 1971:

•Provided that for the purposes of clauses (e) and (f) of sub-paragraph

(1)of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph

(2), clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of

•paragraph 8 and clause (d) of sub-paragraph (2) of paragraph 10 of this

•Schedule, no part of the area comprised within the municipality of Shillong

•shall be deemed to be within the 5[Khasi Hills District].

•2[(3) The reference in Part IIA in the table below to the "Tripura

•Tribal Areas District" shall be construed as a reference to the territory

•comprising the tribal areas specified in the First Schedule to the Tripura

•Tribal Areas Autonomous District Council Act, 1979.]

•______________________________________________

SECTION Section 1514

Untitled Section

1.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)

•and Eighth Sch., for paragraphs 20 and 20A (w.e.f. 21-1-1972) and paragraph 20A

•further substituted by the Government of Union Territory (Amendment) Act, 1971

•(83 of 1971) s. 13 (w.e.f. 29-4-1972).

SECTION Section 1515

Untitled Section

2.Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).

SECTION Section 1516

Untitled Section

3.Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Union territory"

•(w.e.f. 20-2-1987).

SECTION Section 1517

Untitled Section

4.Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for "any

•reference in the table below" (w.e.f. 1-4-1985).

SECTION Section 1518

Untitled Section

5.Subs. by the Government of Meghalaya Notification No. DCA 31/72/11, dated the

•14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.

•305 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•TABLE

•PART I

SECTION Section 1519

Untitled Section

1.The North Cachar Hills District.

SECTION Section 152

Untitled Section

139.Conferment on the Supreme Court of powers to issue certain

writs.

139A.Transfer of certain cases.

SECTION Section 1520

Untitled Section

2.1[The Karbi Anglong District.]

•2[3.The Bodoland Territorial Areas District.]

•PART II

•3[1. Khasi Hills District.

SECTION Section 1521

Untitled Section

2.Jaintia Hills District.]

SECTION Section 1522

Untitled Section

3.The Garo Hills District.

•4[PART IIA]

•Tripura Tribal Areas District]

•Part III

•5* * *

•6[1. The Chakma District.

•7[2. The Mara District.

SECTION Section 1523

Untitled Section

3.The Lai District.]]

•8[20A. Dissolution of the Mizo District Council.—(1)

•Notwithstanding anything in this Schedule, the District Council of the Mizo

•District existing immediately before the prescribed date (hereinafter referred

•to as the Mizo District Council) shall stand dissolved and cease to exist.

•______________________________________________

SECTION Section 1524

Untitled Section

1.Subs. by the Government of Assam Notification No. TAD/R/115/74/47,

•dated14-10-1976 for "The Mikir Hills District".

SECTION Section 1525

Untitled Section

2.Ins. by the Sixth Schedule to the Constitution (Amendment) Act, 2003

•(44 of 2003), s. 2 (w.e.f. 7-9-2003).

SECTION Section 1526

Untitled Section

3.Subs. by the Government of Meghalaya Notification No. DCA 31/72/11,

•dated the 14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.

4.Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).

5.The words "The Mizo District." omitted by the Government of Union Territories

•(Amendment) Act, 1971 (83 of 1971), s. 13 (w.e.f. 16-2-1972).

SECTION Section 1527

Untitled Section

6.Ins. by the Mizoram District Councils (Miscellaneous Provisions) Order, 1972,

•published in the Mizoram Gazette, 1972, dated the 5th May, 1972, Vol. I, Pt. II,

p.17 (w.e.f. 29-4-1972).

SECTION Section 1528

Untitled Section

7.Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988

•(67 of 1988), s. 2, for serial numbers 2 and 3 and the entries relating thereto

•(w.e.f. 16-12-1988).

SECTION Section 1529

Untitled Section

8.Subs. by the North-Eastern Areas(Recognisation) Act, 1971 (81 of 1971), s. 71(i) and

•Eight Sch. forparagraph 20(w.e.f. 21-1-1972)and further subs. by the Government

•of Union Territory (Amendment) Act, 1971 (83of 1971), s. 13 for paragraph 20A

•(w.e.f. 16-2-1972).

•306 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(2)The Administrator of the Union territory of Mizoram may, by one or

•more orders, provide for all or any of the following matters, namely:—

(a)the transfer, in whole or in part, of the assets, rights and liabilities

•of theMizo DistrictCouncil(includingtherightsand liabilitiesunder

•any contract made by it) to the Union or to any other authority;

(b)the substitution of the Union or any other authority for the Mizo

•District Council,ortheadditionoftheUnionoranyotherauthority,

•as a party to any legal proceedings to which the Mizo District

•Councilisaparty;

(c)the transfer or re-employment of any employees of the Mizo

•District Council to or by the Union or any other authority, the terms

•and conditions of service applicable to such employees after such

•transferorre-employment;

(d)the continuance of any laws, made by the Mizo District Council

•and in force immediately before its dissolution, subject to such

•adaptations and modifications, whether by way of repeal or

•amendment, as the Administrator may make in this behalf, until such

•lawsarealtered,repealedoramendedbyacompetent Legislatureor

•othercompetentauthority;

(e)such incidental, consequential and supplementary matters as the

Administratorconsidersnecessary.

Explanation.—In this paragraph and in paragraph 20B of this Schedule, the

•expression "prescribed date" means the date on which the Legislative

•AssemblyoftheUnionterritory ofMizoramisdulyconstitutedunderandin

•accordancewith theprovisionsoftheGovernmentofUnionTerritoriesAct,

SECTION Section 153

Untitled Section

140.Ancillary powers ofthe Supreme Court.

SECTION Section 1530

Untitled Section

1963.(20 of 1963)]

•1[20B. Autonomous regions in the Union territory of Mizoram to

•be autonomous districts and transitory provisions consequent

thereto.—(1) Notwithstanding anything in this Schedule,—

(a)every autonomous region existing immediately before the

•prescribed date in the Union territory of Mizoram shall, on and from

•that date,beanautonomousdistrictin thatUnion territory(hereafter

•referredto as the corresponding newdistrict) and the Administrator

•thereof may, by one or more orders, direct that such consequential

•amendmentsasare necessaryto give effect tothe provisionsofthis

SECTION Section 1531

Untitled Section

•clauseshallbemadeinparagraph 20 ofthisSchedule(includingPart

•III of the table appended to that paragraph) and thereupon the said

•paragraphand thesaid PartIIIshallbedeemed tohavebeen amended

•accordingly;

•___________________________________________________________

SECTION Section 1532

Untitled Section

1.Sub. by the Government of Union Territory (Amendment) Act, 1971 (83 of

•1971), s. 13 for paragraph 20A (w.e.f. 16-2-1972).

•307 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(b)every Regional Council of an autonomous region in the

•Union territory of Mizoram existing immediately before the

•prescribed date (hereafter referred to as the existing Regional

•Council) shall, on and from that date and until a District Council is

•duly constituted for the corresponding new district, be deemed to be

•the District Council of that district (hereafter referred to as the

•corresponding new District Council).

(2)Every member whether elected or nominated of an existing Regional

•Council shall be deemed to have been elected or, as the case may be, nominated

•to the corresponding new District Council and shall hold office until a District

•Council is duly constituted for the corresponding new district under this

Schedule.

(3)Until rules are made under sub-paragraph (7) of paragraph 2 and

•sub-paragraph (4) of paragraph 4 of this Schedule by the corresponding new

•District Council, the rules made under the said provisions by the existing

•Regional Council and in force immediately before the prescribed date shall

•have effect in relation to the corresponding new District Council subject to

•such adaptations and modifications as may be made therein by the

•Administrator of the Union territory of Mizoram.

(4)The Administrator of the Union territory of Mizoram may, by

•one or more orders, provide for all or any of the following matters,

•namely:—

(a)the transfer in whole or in part of the assets, rights and

•liabilities of the existing Regional Council (including the rights and

•liabilities under any contract made by it) to the corresponding new

•District Council;

(b)the substitution of the corresponding new District Council

•for the existing Regional Council as a party to the legal proceedings

•to which the existing Regional Council is a party;

(c)the transfer or re-employment of any employees of the

•existing Regional Council to or by the corresponding new District

•Council, the terms and conditions of service applicable to such

•employees after such transfer or re-employment;

•308 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

(d)the continuance of any laws made by the existing Regional

•Council and in force immediately before the prescribed date, subject

•to such adaptations and modifications, whether by way of repeal or

•amendment, as the Administrator may make in this behalf until such

•laws are altered, repealed or amended by a competent Legislature or

•other competent authority;

(e)such incidental, consequential and supplementary matters

•as the Administrator considers necessary.]

•1[20BA. Exercise of discretionary powers by the Governor in the

•discharge of his functions.—The Governor in the discharge of his

•functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs

(1), (6), sub-paragraph (6A) excluding the first proviso and sub-paragraph

(7)of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of

•paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph

(2)of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of

•paragraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of

•paragraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and

(2)of paragraph 16 of this Schedule, shall, after consulting the Council of

•Ministers and the North Cachar Hills Autonomous Council or the Karbi

•Anglong Autonomous Council, as the case may be, take such action as he

•considers necessary in his discretion.]

•2[20BB. Exercise of discretionary powers by the Governor in the

•discharge of his functions.—The Governor, in the discharge of his

•functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs

(1)and (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph

(4)of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-

•paragraph (2) of paragraph 7, sub-paragraph (3) of paragraph 9, sub-

•paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-

•paragraphs (1) and (2) of paragraph 16 of this Schedule, shall, after

•consulting the Council of Ministers, and if he thinks it necessary, the

•District Council or the Regional Council concerned, take such action as he

•considers necessary in his discretion.]

•______________________________________________

•.

•1 Paragraph 20BA has been inserted in its application to the State of Assam by the Sixth

•Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2(w.e.f. 12-9-1995).

SECTION Section 1533

Untitled Section

2.Paragraph 20BB has been inserted in its application to the States of Tripura and Mizoram, by

•the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2

•(w.e.f. 16-12-1988).

•309 THE CONSTITUTION OF INDIA

•(Sixth Schedule)

•1[20C. Interpretation.—Subject to any provision made in this

•behalf, the provisions of this Schedule shall, in their application to the

•Union territory of Mizoram, have effect—

(1)as if references to the Governor and Government of the

•State were references to the Administrator of the Union territory

•appointed under article 239, references to State (except in the

•expression "Government of the State") were references to the Union

•territory of Mizoram and references to the State Legislature were

•references to the Legislative Assembly of the Union territory of

•Mizoram;

(2)as if—

(a)in sub-paragraph (5) of paragraph 4, the provision

•for consultation with the Government of the State concerned

•had been omitted;

(b)in sub-paragraph (2) of paragraph 6, for the words

•"to which the executive power of the State extends", the words

•"with respect to which the Legislative Assembly of the Union

•territory of Mizoram has power to make laws" had been

•substituted;

(c)in paragraph 13, the words and figures "under article

•202" had been omitted.]

21.Amendment of the Schedule.—(1) Parliament may from time to

•time by law amend by way of addition, variation or repeal any of the

•provisions of this Schedule and, when the Schedule is so amended, any

•reference to this Schedule in this Constitution shall be construed as a

•reference to such Schedule as so amended.

(2)No such law as is mentioned in sub-paragraph (1) of this

•paragraph shall be deemed to be an amendment of this Constitution for the

•purposes of article 368.

•___________________________________________________________

SECTION Section 1534

Untitled Section

1.Sub. by the Government of Union Territories(Amendment) Act, 1971 (83 of

•1971), s. 13 for paragraph 20A (w.e.f. 16-2-1972).

•SEVENTH SCHEDULE

•(Article 246)

•List I—Union List

SECTION Section 1535

Untitled Section

1.Defence of India and every part thereof including preparation for

•defence and all such acts as may be conducive in times of war to its prosecution

•and after its termination to effective demobilisation.

SECTION Section 1536

Untitled Section

2.Naval, military and air forces; any other armed forces of the Union.

•1[2A. Deployment of any armed force of the Union or any other force

•subject to the control of the Union or any contingent or unit thereof in any State

•in aid of the civil power; powers, jurisdiction, privileges and liabilities of the

•members of such forces while on such deployment.]

SECTION Section 1537

Untitled Section

3.Delimitation of cantonment areas, local self-government in such areas,

•the constitution and powers within such areas of cantonment authorities and the

•regulation of house accommodation (including the control of rents) in such

areas.

SECTION Section 1538

Untitled Section

4.Naval, military and air force works.

SECTION Section 1539

Untitled Section

5.Arms, firearms, ammunition and explosives.

SECTION Section 154

Untitled Section

141.Law declared by Supreme Court to be binding on all courts.

SECTION Section 1540

Untitled Section

6.Atomic energy and mineral resources necessary for its production.

SECTION Section 1541

Untitled Section

7.Industries declared by Parliament by law to be necessary for the

•purpose of defence or for the prosecution of war.

SECTION Section 1542

Untitled Section

8.Central Bureau of Intelligence and Investigation.

SECTION Section 1543

Untitled Section

9.Preventive detention for reasons connected with Defence, Foreign

•Affairs, or the security of India; persons subjected to such detention.

SECTION Section 1544

Untitled Section

10.Foreign affairs; all matters which bring the Union into relation with

•any foreign country.

SECTION Section 1545

Untitled Section

11.Diplomatic, consular and trade representation.

SECTION Section 1546

Untitled Section

12.United Nations Organisation.

SECTION Section 1547

Untitled Section

13.Participation in international conferences, associations and other

•bodies and implementing of decisions made thereat.

SECTION Section 1548

Untitled Section

14.Entering into treaties and agreements with foreign countries and

•implementing of treaties, agreements and conventions with foreign countries.

•______________________________________________

SECTION Section 1549

Untitled Section

1.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).

•310

•311 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 155

Untitled Section

142.Enforcement of decrees and orders of the Supreme Court and

•orders as to discovery, etc.

SECTION Section 1550

Untitled Section

15.War and peace.

SECTION Section 1551

Untitled Section

16.Foreign jurisdiction.

SECTION Section 1552

Untitled Section

17.Citizenship, naturalisation and aliens.

SECTION Section 1553

Untitled Section

18.Extradition.

SECTION Section 1554

Untitled Section

19.Admission into, and emigration and expulsion from, India; passports

•and visas.

SECTION Section 1555

Untitled Section

20.Pilgrimages to places outside India.

SECTION Section 1556

Untitled Section

21.Piracies and crimes committed on the high seas or in the air; offences

•against the law of nations committed on land or the high seas or in the air.

SECTION Section 1557

Untitled Section

22.Railways.

SECTION Section 1558

Untitled Section

23.Highways declared by or under law made by Parliament to be national

highways.

SECTION Section 1559

Untitled Section

24.Shipping and navigation on inland waterways, declared by Parliament

•by law to be national waterways, as regards mechanically propelled vessels; the

•rule of the road on such waterways.

SECTION Section 156

Untitled Section

143.Power of the President to consult the Supreme Court.

SECTION Section 1560

Untitled Section

25.Maritime shipping and navigation, including shipping and navigation

•on tidal waters; provision of education and training for the mercantile marine

•and regulation of such education and training provided by States and other

agencies.

SECTION Section 1561

Untitled Section

26.Lighthouses, including lightships, beacons and other provision for the

•safety of shipping and aircraft.

SECTION Section 1562

Untitled Section

27.Ports declared by or under law made by Parliament or existing law to

•be major ports, including their delimitation, and the constitution and powers of

•port authorities therein.

SECTION Section 1563

Untitled Section

28.Port quarantine, including hospitals connected therewith; seamen's and

•marine hospitals.

SECTION Section 1564

Untitled Section

29.Airways; aircraft and air navigation; provision of aerodromes;

•regulation and organisation of air traffic and of aerodromes; provision for

•aeronautical education and training and regulation of such education and

•training provided by States and other agencies.

SECTION Section 1565

Untitled Section

30.Carriage of passengers and goods by railway, sea or air, or by national

•waterways in mechanically propelled vessels.

•312 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1566

Untitled Section

31.Posts and telegraphs; telephones, wireless, broadcasting and other like

•forms of communication.

SECTION Section 1567

Untitled Section

32.Property of the Union and the revenue therefrom, but as regards

•property situated in a State 1*** subject to legislation by the State, save in so

•far as Parliament by law otherwise provides.

•2[33* * * * *]

SECTION Section 1568

Untitled Section

34.Courts of wards for the estates of Rulers of Indian States.

SECTION Section 1569

Untitled Section

35.Public debt of the Union.

SECTION Section 157

Untitled Section

144.Civil and judicial authorities to act in aid of the Supreme

Court.

•[144A. Special provisions as to disposal of questions relating to

•constitutional validity of laws. Omitted.]

SECTION Section 1570

Untitled Section

36.Currency, coinage and legal tender; foreign exchange.

SECTION Section 1571

Untitled Section

37.Foreign loans.

SECTION Section 1572

Untitled Section

38.Reserve Bank of India.

SECTION Section 1573

Untitled Section

39.Post Office Savings Bank.

SECTION Section 1574

Untitled Section

40.Lotteries organised by the Government of India or the Government of

•a State.

SECTION Section 1575

Untitled Section

41.Trade and commerce with foreign countries; import and export across

•customs frontiers; definition of customs frontiers.

SECTION Section 1576

Untitled Section

42.Inter-State trade and commerce.

SECTION Section 1577

Untitled Section

43.Incorporation, regulation and winding up of trading corporations,

•including banking, insurance and financial corporations, but not including

•co-operative societies.

SECTION Section 1578

Untitled Section

44.Incorporation, regulation and winding up of corporations, whether

•trading or not, with objects not confined to one State, but not including

universities.

SECTION Section 1579

Untitled Section

45.Banking.

SECTION Section 158

Untitled Section

145.Rules of Court, etc.

SECTION Section 1580

Untitled Section

46.Bills of exchange, cheques, promissory notes and other like

instruments.

SECTION Section 1581

Untitled Section

47.Insurance.

SECTION Section 1582

Untitled Section

48.Stock exchanges and futures markets.

SECTION Section 1583

Untitled Section

49.Patents, inventions and designs; copyright; trade-marks and merchandise

marks.

•______________________________________________

SECTION Section 1584

Untitled Section

1.The words and letters "specified in Part A or Part Bof the First Schedule" omitted by

•the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 1585

Untitled Section

2.Entry 33 omitted by s. 26, ibid.(w.e.f. 1-11-1956).

•313 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1586

Untitled Section

50.Establishment of standards of weight and measure.

SECTION Section 1587

Untitled Section

51.Establishment of standards of quality for goods to be exported out of

•India or transported from one State to another.

SECTION Section 1588

Untitled Section

52.Industries, the control of which by the Union is declared by Parliament

•by law to be expedient in the public interest.

SECTION Section 1589

Untitled Section

53.Regulation and development of oilfields and mineral oil resources;

•petroleum and petroleum products; other liquids and substances declared by

•Parliament by law to be dangerously inflammable.

SECTION Section 159

Untitled Section

146.Officers and servants and the expenses of the Supreme Court.

SECTION Section 1590

Untitled Section

54.Regulation of mines and mineral development to the extent to which

•such regulation and development under the control of the Union is declared by

•Parliament by law to be expedient in the public interest.

SECTION Section 1591

Untitled Section

55.Regulation of labour and safety in mines and oilfields.

SECTION Section 1592

Untitled Section

56.Regulation and development of inter-State rivers and river valleys to

•the extent to which such regulation and development under the control of the

•Union is declared by Parliament by law to be expedient in the public interest.

SECTION Section 1593

Untitled Section

57.Fishing and fisheries beyond territorial waters.

SECTION Section 1594

Untitled Section

58.Manufacture, supply and distribution of salt by Union agencies;

•regulation and control of manufacture, supply and distribution of salt by other

agencies.

SECTION Section 1595

Untitled Section

59.Cultivation, manufacture, and sale for export, of opium.

SECTION Section 1596

Untitled Section

60.Sanctioning of cinematograph films for exhibition.

SECTION Section 1597

Untitled Section

61.Industrial disputes concerning Union employees.

SECTION Section 1598

Untitled Section

62.The institutions known at the commencement of this Constitution as

•the National Library, the Indian Museum, the Imperial War Museum, the

•Victoria Memorial and the Indian War Memorial, and any other like institution

•financed by the Government of India wholly or in part and declared by

•Parliament by law to be an institution of national importance.

SECTION Section 1599

Untitled Section

63.The institutions known at the commencement of this Constitution as the

•Benares Hindu University, the Aligarh Muslim University and the 1[Delhi

•University; the University established in pursuance of article 371E;] any other

•institution declared by Parliament by law to be an institution of national importance.

•______________________________________________

SECTION Section 16

Untitled Section

13.Laws inconsistent with or in derogation of the fundamental

rights.

•Right to Equality

SECTION Section 160

Untitled Section

147.Interpretation.

SECTION Section 1600

Untitled Section

1.Subs. by the Constitution (Thirty-second Amendment) Act, 1973, s. 4, for "Delhi

•University and" (w.e.f. 1-7-1974).

•314 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1601

Untitled Section

64.Institutions for scientific or technical education financed by the

•Government of India wholly or in part and declared by Parliament by law to be

•institutions of national importance.

SECTION Section 1602

Untitled Section

65.Union agencies and institutions for—

(a)professional, vocational or technical training, including the

•training of police officers; or

(b)the promotion of special studies or research; or

(c)scientific or technical assistance in the investigation or detection

•of crime.

SECTION Section 1603

Untitled Section

66.Co-ordination and determination of standards in institutions for higher

•education or research and scientific and technical institutions.

SECTION Section 1604

Untitled Section

67.Ancient and historical monuments and records, and archaeological

•sites and remains, 1[declared by or under law made by Parliament] to be of

•national importance.

SECTION Section 1605

Untitled Section

68.The Survey of India, the Geological, Botanical, Zoological and

•Anthropological Surveys of India; Meteorological organisations.

SECTION Section 1606

Untitled Section

69.Census.

SECTION Section 1607

Untitled Section

70.Union Public Service; All-India Services; Union Public Service

Commission.

SECTION Section 1608

Untitled Section

71.Union pensions, that is to say, pensions payable by the Government of

•India or out of the Consolidated Fund of India.

SECTION Section 1609

Untitled Section

72.Elections to Parliament, to the Legislatures of States and to the offices

•of President and Vice-President; the Election Commission.

SECTION Section 161

Untitled Section

•CHAPTER V. COMPTROLLER AND AUDITOR-

•GENERAL OF INDIA

SECTION Section 1610

Untitled Section

73.Salaries and allowances of members of Parliament, the Chairman and

•Deputy Chairman of the Council of States and the Speaker and Deputy Speaker

•of the House of the People.

SECTION Section 1611

Untitled Section

74.Powers, privileges and immunities of each House of Parliament and of

•the members and the Committees of each House; enforcement of attendance of

•persons for giving evidence or producing documents before committees of

•Parliament or commissions appointed by Parliament.

SECTION Section 1612

Untitled Section

75.Emoluments, allowances, privileges, and rights in respect of leave

•of absence, of the President and Governors; salaries and allowances of

•the Ministers for the Union; the salaries, allowances, and rights in respect of

•leave of absence and other conditions of service of the Comptroller and

•Auditor-Generalof India.

•______________________________________________

SECTION Section 1613

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for "declared by

•Parliament by law" (w.e.f. 1-11-1956).

•315 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1614

Untitled Section

76.Audit of the accounts of the Union and of the States.

SECTION Section 1615

Untitled Section

77.Constitution, organisation, jurisdiction and powers of the Supreme

•Court (including contempt of such Court), and the fees taken therein; persons

•entitled to practise before the Supreme Court.

SECTION Section 1616

Untitled Section

78.Constitution and organisation 1[(including vacations)] of the High

•Courts except provisions as to officers and servants of High Courts; persons

•entitled to practise before the High Courts.

•2[79. Extension of the jurisdiction of a High Court to, and exclusion of the

•jurisdiction of a High Court from, any Union territory.]

SECTION Section 1617

Untitled Section

80.Extension of the powers and jurisdiction of members of a police force

•belonging to any State to any area outside that State, but not so as to enable the

•police of one State to exercise powers and jurisdiction in any area outside that

•State without the consent of the Government of the State in which such area is

•situated; extension of the powers and jurisdiction of members of a police force

•belonging to any State to railway areas outside that State.

SECTION Section 1618

Untitled Section

81.Inter-State migration; inter-State quarantine.

SECTION Section 1619

Untitled Section

82.Taxes on income other than agricultural income.

SECTION Section 162

Untitled Section

148.Comptroller and Auditor-General of India.

SECTION Section 1620

Untitled Section

83.Duties of customs including export duties.

•3[84. Duties of excise on the following goods manufactured or produced in

•India, namely:—

(a)petroleum crude;

(b)high speed diesel;

(c)motor spirit (commonly known as petrol);

(d)natural gas;

(e)aviation turbine fuel; and

(f)tobacco and tobacco products.]

SECTION Section 1621

Untitled Section

85.Corporation tax.

•______________________________________________

SECTION Section 1622

Untitled Section

1.Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 12 (with retrospective

•effect).

SECTION Section 1623

Untitled Section

2.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for entry 79

•(w.e.f. 1-11-1956).

3.Subs. by theConstitution (One Hundred and First Amendment) Act, 2016, s. 17(a)(i)

•for entry 84(w.e.f. 16-9-2016).

•316 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1624

Untitled Section

86.Taxes on the capital value of the assets, exclusive of agricultural land,

•of individuals and companies; taxes on the capital of companies.

SECTION Section 1625

Untitled Section

87.Estate duty in respect of property other than agricultural land.

SECTION Section 1626

Untitled Section

88.Duties in respect of succession to property other than agricultural land.

SECTION Section 1627

Untitled Section

89.Terminal taxes on goods or passengers, carried by railway, sea or air;

•taxes on railway fares and freights.

SECTION Section 1628

Untitled Section

90.Taxes other than stamp duties on transactions in stock exchanges and

•futures markets.

SECTION Section 1629

Untitled Section

91.Rates of stamp duty in respect of bills of exchange, cheques,

•promissory notes, bills of lading, letters of credit, policies of insurance, transfer

•of shares, debentures, proxies and receipts.

•1[92. * * * * * *]

•2[92A. Taxes on the sale or purchase of goods other than newspapers,

•where such sale or purchase takes place in the course of inter-State trade or

commerce.]

•3[92B. Taxes on the consignments 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.]

•4[92C. * * * * * *]

SECTION Section 163

Untitled Section

149.Duties and powers of the Comptroller and Auditor-General.

SECTION Section 1630

Untitled Section

93.Offences against laws with respect to any of the matters in this List.

SECTION Section 1631

Untitled Section

94.Inquires, surveys and statistics for the purpose of any of the matters in

•this List.

SECTION Section 1632

Untitled Section

95.Jurisdiction and powers of all courts, except the Supreme Court, with

•respect to any of the matters in this List; admiralty jurisdiction.

SECTION Section 1633

Untitled Section

96.Fees in respect of any of the matters in this List, but not including fees

•taken in any court.

SECTION Section 1634

Untitled Section

97.Any other matter not enumerated in List II or List III including any tax

•not mentioned in either of those Lists.

•______________________________________________

SECTION Section 1635

Untitled Section

1.Entry 92 omitted by theConstitution (One Hundred and First Amendment) Act, 2016,

s.17(a)(ii) (w.e.f. 16-9-2016).

SECTION Section 1636

Untitled Section

2.Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956).

SECTION Section 1637

Untitled Section

3.Ins.by the Constitution (Forty-sixth Amendment) Act, 1982, s. 5 (w.e.f. 2-2-1983).

SECTION Section 1638

Untitled Section

4.Entry 92C was ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 4

•(which was not enforced) and omitted by the Constitution (One Hundred and First

•Amendment) Act, 2016, s. 17(a)(ii) (w.e.f. 16-9-2016).

•317 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

•List II—State List

SECTION Section 1639

Untitled Section

1.Public order (but not including 1[the use of any naval, military or air

•force or any other armed force of the Union or of any other force subject to the

•control of the Union or of any contingent or unit thereof] in aid of the civil

•power).

•2[2. Police (including railway and village police) subject to the provisions

•of entry 2A of List I.]

SECTION Section 164

Untitled Section

150.Form of accounts of the Union and of the States.

SECTION Section 1640

Untitled Section

3.3*** Officers and servants of the High Court; procedure in rent and

•revenue courts; fees taken in all courts except the Supreme Court.

SECTION Section 1641

Untitled Section

4.Prisons, reformatories, Borstal institutions and other institutions of a

•like nature, and persons detained therein; arrangements with other States for the

•use of prisons and other institutions.

SECTION Section 1642

Untitled Section

5.Local government, that is to say, the constitution and powers of

•municipal corporations, improvement trusts, districts boards, mining settlement

•authorities and other local authorities for the purpose of local self-government

•or village administration.

SECTION Section 1643

Untitled Section

6.Public health and sanitation; hospitals and dispensaries.

SECTION Section 1644

Untitled Section

7.Pilgrimages, other than pilgrimages to places outside India.

SECTION Section 1645

Untitled Section

8.Intoxicating liquors, that is to say, the production, manufacture,

•possession, transport, purchase and sale of intoxicating liquors.

SECTION Section 1646

Untitled Section

9.Relief of the disabled and unemployable.

SECTION Section 1647

Untitled Section

10.Burials and burial grounds; cremations and cremation grounds.

•4[11* * * * *]

SECTION Section 1648

Untitled Section

12.Libraries, museums and other similar institutions controlled or

•financed by the State; ancient and historical monuments and records other than

•those 5[declared by or under law made by Parliament] to be of national

importance.

•______________________________________________

SECTION Section 1649

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57, for certain

•words (w.e.f. 3-1-1977).

SECTION Section 165

Untitled Section

151.Audit reports.

•PART VI

•THE STATES

SECTION Section 1650

Untitled Section

2.Subs. by s. 57, for entry 2, ibid.(w.e.f. 3-1-1977).

3.Certain words omitted by s. 57, ibid.(w.e.f. 3-1-1977).

SECTION Section 1651

Untitled Section

4.Entry 11 omitted by s. 57, ibid. (w.e.f. 3-1-1977).

SECTION Section 1652

Untitled Section

5.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for "declared by

•Parliament by law" (w.e.f. 1-11-1956).

•318 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1653

Untitled Section

13.Communications, that is to say, roads, bridges, ferries, and other

•means of communication not specified in List I; municipal tramways;

•ropeways; inland waterways and traffic thereon subject to the provisions of List

•I and List III with regard to such waterways; vehicles other than mechanically

•propelled vehicles.

SECTION Section 1654

Untitled Section

14.Agriculture, including agricultural education and research, protection

•against pests and prevention of plant diseases.

SECTION Section 1655

Untitled Section

15.Preservation, protection and improvement of stock and prevention of

•animal diseases; veterinary training and practice.

SECTION Section 1656

Untitled Section

16.Pounds and the prevention of cattle trespass.

SECTION Section 1657

Untitled Section

17.Water, that is to say, water supplies, irrigation and canals, drainage

•and embankments, water storage and water power subject to the provisions of

•entry 56 of List I.

SECTION Section 1658

Untitled Section

18.Land, that is to say, rights in or over land, land tenures including the

•relation of landlord and tenant, and the collection of rents; transfer and

•alienation of agricultural land; land improvement and agricultural loans;

colonization.

•1[19* * * * *

•20* * * * *]

SECTION Section 1659

Untitled Section

21.Fisheries.

SECTION Section 166

Untitled Section

•CHAPTER I. GENERAL

SECTION Section 1660

Untitled Section

22.Courts of wards subject to the provisions of entry 34 of List I;

•encumbered and attached estates.

SECTION Section 1661

Untitled Section

23.Regulation of mines and mineral development subject to the

•provisions of List I with respect to regulation and development under the

•control of the Union.

SECTION Section 1662

Untitled Section

24.Industries subject to the provisions of 2[entries 7 and 52]of List I.

SECTION Section 1663

Untitled Section

25.Gas and gas-works.

SECTION Section 1664

Untitled Section

26.Trade and commerce within the State subject to the provisions of entry

•33 of List III.

•______________________________________________

SECTION Section 1665

Untitled Section

1.Entries19 and 20 omitted by the Constitution (Forty-second Amendment) Act, 1976,

s.57 (w.e.f. 3-1-1977).

SECTION Section 1666

Untitled Section

2.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 28 for entry 52

•(w.e.f. 1-11-1956).

•319 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1667

Untitled Section

27.Production, supply and distribution of goods subject to the provisions

•of entry 33 of List III.

SECTION Section 1668

Untitled Section

28.Markets and fairs.

•1[29* * * * *]

SECTION Section 1669

Untitled Section

30.Money-lending and money-lenders; relief of agricultural indebtedness.

SECTION Section 167

Untitled Section

152.Definition.

(x)Contents

SECTION Section 1670

Untitled Section

31.Inns and inn-keepers.

SECTION Section 1671

Untitled Section

32.Incorporation, regulation and winding up of corporations, other than

•those specified in List I, and universities; unincorporated trading, literary,

•scientific, religious and other societies and associations; co-operative societies.

SECTION Section 1672

Untitled Section

33.Theatres and dramatic performances; cinemas subject to the provisions

•of entry 60 of List I; sports, entertainments and amusements.

SECTION Section 1673

Untitled Section

34.Betting and gambling.

SECTION Section 1674

Untitled Section

35.Works, lands and buildings vested in or in the possession of the State.

•2[36* * * * *]

SECTION Section 1675

Untitled Section

37.Elections to the Legislature of the State subject to the provisions of

•any law made by Parliament.

SECTION Section 1676

Untitled Section

38.Salaries and allowances of members of the Legislature of the State, of

•the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a

•Legislative Council, of the Chairman and Deputy Chairman thereof.

SECTION Section 1677

Untitled Section

39.Powers, privileges and immunities of the Legislative Assembly and of

•the members and the committees thereof, and, if there is a Legislative Council,

•of that Council and of the members and the committees thereof; enforcement of

•attendance of persons for giving evidence or producing documents before

•committees of the Legislature of the State.

SECTION Section 1678

Untitled Section

40.Salaries and allowances of Ministers for the State.

SECTION Section 1679

Untitled Section

41.State public services; State Public Service Commission.

SECTION Section 1680

Untitled Section

42.State pensions, that is to say, pensions payable by the State or out of

•the Consolidated Fund of the State.

SECTION Section 1681

Untitled Section

43.Public debt of the State.

SECTION Section 1682

Untitled Section

44.Treasure trove.

•______________________________________________

SECTION Section 1683

Untitled Section

1.Entry 29 omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 57

•(w.e.f. 3-1-1977).

SECTION Section 1684

Untitled Section

2.Entry 36 omitted by the Constitution (Seventh Amendment) Act, 1956, s. 26

•(w.e.f. 1-11-1956).

•320 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1685

Untitled Section

45.Land revenue, including the assessment and collection of revenue, the

•maintenance of land records, survey for revenue purposes and records of rights,

•and alienation of revenues.

SECTION Section 1686

Untitled Section

46.Taxes on agricultural income.

SECTION Section 1687

Untitled Section

47.Duties in respect of succession to agricultural land.

SECTION Section 1688

Untitled Section

48.Estate duty in respect of agricultural land.

SECTION Section 1689

Untitled Section

49.Taxes on lands and buildings.

SECTION Section 169

Untitled Section

•CHAPTER II. THE EXECUTIVE

•The Governor

SECTION Section 1690

Untitled Section

50.Taxes on mineral rights subject to any limitations imposed by

•Parliament by law relating to mineral development.

SECTION Section 1691

Untitled Section

51.Duties of excise on the following goods manufactured or produced in

•the State and countervailing duties at the same or lower rates on similar goods

•manufactured or produced elsewhere in India:—

(a)alcoholic liquors for human consumption;

(b)opium, Indian hemp and other narcotic drugs and narcotics,

•but not including medicinal and toilet preparations containing alcohol or any

•substance included in sub-paragraph (b) of this entry.

•1[52. * * * * * *]

SECTION Section 1692

Untitled Section

53.Taxes on the consumption or sale of electricity.

•2[54. Taxes on the sale of petroleum crude, high speed diesel, motor spirit

•(commonly known as petrol), natural gas, aviation turbine fuel and alcoholic

•liquor for human consumption, but not including sale in the course of

•inter-State trade or commerce or sale in the course of international trade or

•commerce of such goods.]

•3[55. * * * * * *]

SECTION Section 1693

Untitled Section

56.Taxes on goods and passengers carried by road or on inland

waterways.

•______________________________________________

SECTION Section 1694

Untitled Section

1.Entry 52 omitted by theConstitution (One Hundred and First Amendment) Act, 2016,

s.17(b)(i) (w.e.f. 16-9-2016).

SECTION Section 1695

Untitled Section

2.Subs. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956) and

•further subs. by the Constitution (One Hundred and First Amendment) Act, 2016,

s.17(b)(ii) (w.e.f. 16-9-2016).

SECTION Section 1696

Untitled Section

3.Entry 55 omittedby the Constitution (One Hundred and First Amendment) Act, 2016,

s.17(b)(iii) (w.e.f. 16-9-2016).

•321 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1697

Untitled Section

57.Taxes on vehicles, whether mechanically propelled or not, suitable for

•use on roads, including tramcars subject to the provisions of entry 35 of List III.

SECTION Section 1698

Untitled Section

58.Taxes on animals and boats.

SECTION Section 17

Untitled Section

14.Equality before law.

SECTION Section 170

Untitled Section

153.Governors of States.

SECTION Section 1700

Untitled Section

60.Taxes on professions, trades, callings and employments.

SECTION Section 1701

Untitled Section

61.Capitation taxes.

•1[62. Taxes on entertainments and amusements to the extent levied and

•collected by a Panchayat or a Municipality or a Regional Council or a District

Council.]

SECTION Section 1702

Untitled Section

63.Rates of stamp duty in respect of documents other than those specified

•in the provisions of List I with regard to rates of stamp duty.

SECTION Section 1703

Untitled Section

64.Offences against laws with respect to any of the matters in this List.

SECTION Section 1704

Untitled Section

65.Jurisdiction and powers of all courts, except the Supreme Court, with

•respect to any of the matters in this List.

SECTION Section 1705

Untitled Section

66.Fees in respect of any of the matters in this List, but not including fees

•taken in any court.

•List III—Concurrent List

SECTION Section 1706

Untitled Section

1.Criminal law, including all matters included in the Indian Penal Code

•at the commencement of this Constitution but excluding offences against laws

•with respect to any of the matters specified in List I or List II and excluding the

•use of naval, military or air forces or any other armed forces of the Union in aid

•of the civil power.

SECTION Section 1707

Untitled Section

2.Criminal procedure, including all matters included in the Code of

•Criminal Procedure at the commencement of this Constitution.

SECTION Section 1708

Untitled Section

3.Preventive detention for reasons connected with the security of a State,

•the maintenance of public order, or the maintenance of supplies and services

•essential to the community; persons subjected to such detention.

SECTION Section 1709

Untitled Section

4.Removal from one State to another State of prisoners, accused persons

•and persons subjected to preventive detention for reasons specified in entry 3 of

•this List.

•______________________________________________

SECTION Section 171

Untitled Section

154.Executive power of State.

SECTION Section 1710

Untitled Section

1.Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(b)(iv),

•for entry 62(w.e.f. 16-9-2016).

•322 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1711

Untitled Section

5.Marriage and divorce; infants and minors; adoption; wills, intestacy

•and succession; joint family and partition; all matters in respect of which

•parties in judicial proceedings were immediately before the commencement of

•this Constitution subject to their personal law.

SECTION Section 1712

Untitled Section

6.Transfer of property other than agricultural land; registration of deeds

•and documents.

SECTION Section 1713

Untitled Section

7.Contracts, including partnership, agency, contracts of carriage, and

•other special forms of contracts, but not including contracts relating to

•agricultural land.

SECTION Section 1714

Untitled Section

8.Actionable wrongs.

SECTION Section 1715

Untitled Section

9.Bankruptcy and insolvency.

SECTION Section 1716

Untitled Section

10.Trust and Trustees.

SECTION Section 1717

Untitled Section

11.Administrators-general and official trustees.

•1[11A. Administration of Justice; constitution and organisation of all

•courts, except the Supreme Court and the High Courts.]

SECTION Section 1718

Untitled Section

12.Evidence and oaths; recognition of laws, public acts and records, and

•judicial proceedings.

SECTION Section 1719

Untitled Section

13.Civil procedure, including all matters included in the Code of Civil

•Procedure at the commencement of this Constitution, limitation and arbitration.

SECTION Section 172

Untitled Section

155.Appointment of Governor.

SECTION Section 1720

Untitled Section

14.Contempt of court, but not including contempt of the Supreme Court.

SECTION Section 1721

Untitled Section

15.Vagrancy; nomadic and migratory tribes.

SECTION Section 1722

Untitled Section

16.Lunacy and mental deficiency, including places for the reception or

•treatment of lunatics and mental deficients.

SECTION Section 1723

Untitled Section

17.Prevention of cruelty to animals.

•1[17A. Forests.

17B.Protection of wild animals and birds.]

SECTION Section 1724

Untitled Section

18.Adulteration of foodstuffs and other goods.

SECTION Section 1725

Untitled Section

19.Drugs and poisons, subject to the provisions of entry 59 of List I with

•respect to opium.

SECTION Section 1726

Untitled Section

20.Economic and social planning.

•1[20A. Population control and family planning.]

•______________________________________________

SECTION Section 1727

Untitled Section

1.Entries 11A, 17A, 17B and 20A ins. by the Constitution (Forty-second Amendment)

•Act, 1976, s. 57 (w.e.f. 3-1-1977).

•323 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

SECTION Section 1728

Untitled Section

21.Commercial and industrial monopolies, combines and trusts.

SECTION Section 1729

Untitled Section

22.Trade unions; industrial and labour disputes.

SECTION Section 173

Untitled Section

156.Term of office of Governor.

SECTION Section 1730

Untitled Section

23.Social security and social insurance; employment and unemployment.

SECTION Section 1731

Untitled Section

24.Welfare of labour including conditions of work, provident funds,

•employers' liability, workmen's compensation, invalidity and old age pensions

•and maternity benefits.

•1[25. Education, including technical education, medical education and

•universities, subject to the provisions of entries 63, 64, 65 and 66 of List I;

•vocational and technical training of labour.]

SECTION Section 1732

Untitled Section

26.Legal, medical and other professions.

SECTION Section 1733

Untitled Section

27.Relief and rehabilitation of persons displaced from their original place

•of residence by reason of the setting up of the Dominions of India and Pakistan.

SECTION Section 1734

Untitled Section

28.Charities and charitable institutions, charitable and religious

•endowments and religious institutions.

SECTION Section 1735

Untitled Section

29.Prevention of the extension from one State to another of infectious or

•contagious diseases or pests affecting men, animals or plants.

SECTION Section 1736

Untitled Section

30.Vital statistics including registration of births and deaths.

SECTION Section 1737

Untitled Section

31.Ports other than those declared by or under law made by Parliament or

•existing law to be major ports.

SECTION Section 1738

Untitled Section

32.Shipping and navigation on inland waterways as regards mechanically

•propelled vessels, and the rule of the road on such waterways, and the carriage

•of passengers and goods on inland waterways subject to the provisions of List I

•with respect to national waterways.

•2[33. Trade and commerce in, and the production, supply and distribution

•of,—

(a)the products of any industry where the control of such industry

•by the Union is declared by Parliament by law to be expedient in the

•public interest, and imported goods of the same kind as such products;

(b)foodstuffs, including edible oilseeds and oils;

(c)cattle fodder, including oilcakes and other concentrates;

(d)raw cotton, whether ginned or unginned, and cotton seed; and

(e)raw jute.]

•______________________________________________

SECTION Section 1739

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).

SECTION Section 174

Untitled Section

157.Qualifications for appointment as Governor.

SECTION Section 1740

Untitled Section

2.Subs. by the Constitution (Third Amendment) Act, 1954, s. 2 for entry 33

•(w.e.f. 22-2-1955).

•324 THE CONSTITUTION OF INDIA

•(Seventh Schedule)

•1[33A. Weights and measures except establishment of standards.]

SECTION Section 1741

Untitled Section

34.Price control.

SECTION Section 1742

Untitled Section

35.Mechanically propelled vehicles including the principles on which

•taxes on such vehicles are to be levied.

SECTION Section 1743

Untitled Section

36.Factories

SECTION Section 1744

Untitled Section

37.Boilers.

SECTION Section 1745

Untitled Section

38.Electricity.

SECTION Section 1746

Untitled Section

39.Newspapers, books and printing presses.

SECTION Section 1747

Untitled Section

40.Archaeological sites and remains other than those 2[declared by or

•under law made by Parliament] to be of national importance.

SECTION Section 1748

Untitled Section

41.Custody, management and disposal of property (including agricultural

•land) declared by law to be evacuee property.

•3[42. Acquisition and requisitioning of property.]

SECTION Section 1749

Untitled Section

43.Recovery in a State of claims in respect of taxes and other public

•demands, including arrears of land-revenue and sums recoverable as such

•arrears, arising outside that State.

SECTION Section 175

Untitled Section

158.Conditions of Governor’s office.

SECTION Section 1750

Untitled Section

44.Stamp duties other than duties or fees collected by means of judicial

•stamps, but not including rates of stamp duty.

SECTION Section 1751

Untitled Section

45.Inquiries and statistics for the purposes of any of the matters specified

•in List II or List III.

SECTION Section 1752

Untitled Section

46.Jurisdiction and powers of all courts, except the Supreme Court, with

•respect to any of the matters in this List.

SECTION Section 1753

Untitled Section

47.Fees in respect of any of the matters in this List, but not including fees

•taken in any court.

•______________________________________________

SECTION Section 1754

Untitled Section

1.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).

SECTION Section 1755

Untitled Section

2.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for "declared by

•Parliament by law" (w.e.f. 1-11-1956).

SECTION Section 1756

Untitled Section

3.Subs. by s. 26, ibid.for entry 42 (w.e.f. 1-11-1956).

•EIGHTH SCHEDULE

•[Articles 344(1) and 351]

•Languages

SECTION Section 1757

Untitled Section

1.Assamese.

SECTION Section 1758

Untitled Section

2.Bengali.

•1[3. Bodo.

SECTION Section 1759

Untitled Section

4.Dogri.]

•2[5.] Gujarati.

•3[6.] Hindi.

•3[7.] Kannada.

•3[8.] Kashmiri.

•4[3[9.] Konkani.]

•1[10. Maithili.]

•5[11.] Malayalam.

•4[6[12.] Manipuri.]

•6[13.] Marathi.

•4[6[14.]Nepali.]

•6[15.]7[Odia].

•6[16.] Punjabi.

•6[17.] Sanskrit.

•______________________________________________

SECTION Section 176

Untitled Section

159.Oath or affirmation by the Governor.

SECTION Section 1760

Untitled Section

1.Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).

SECTION Section 1761

Untitled Section

2.Entry3renumbered as entry 5by s. 2, ibid.(w.e.f. 7-1-2004).

SECTION Section 1762

Untitled Section

3.Entries4 to 7 renumbered as entries6 to 9 by s. 2, ibid.(w.e.f. 7-1-2004).

SECTION Section 1763

Untitled Section

4.Ins. by the Constitution (Seventy-first Amendment) Act, 1992, s.2 (w.e.f. 31-8-1992).

SECTION Section 1764

Untitled Section

5.Entry8 renumbered as entry11 bythe Constitution (Ninety-second Amendment) Act,

•2003, s. 2 (w.e.f. 7-1-2004).

SECTION Section 1765

Untitled Section

6.Entries9 to 14 renumbered as entries12 to 17 bys. 2,ibid.(w.e.f. 7-1-2004).

SECTION Section 1766

Untitled Section

7.Subs. by the Constitution (Ninety-sixth Amendment) Act, 2011, s. 2, for "Oriya"

•(w.e.f. 23-9-2011).

•325

•326 THE CONSTITUTION OF INDIA

•(Eighth Schedule)

•1[18. Santhali.]

•2[3[19.] Sindhi.]

•4[20.] Tamil.

•4[21.] Telugu.

•4[22.] Urdu.

•______________________________________________

SECTION Section 1767

Untitled Section

1.Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).

2.Added by the Constitution (Twenty-first Amendment) Act, 1967, s. 2 (w.e.f. 10-4-1967).

SECTION Section 1768

Untitled Section

3.Entry 15 renumbered as entry 19 by the Constitution (Ninety-second Amendment)

•Act, 2003, s. 2 (w.e.f. 7-1-2004).

SECTION Section 1769

Untitled Section

4.Entries16 to 18 renumbered as entries20 to 22 bys. 2, ibid. (w.e.f. 7-1-2004).

•1[NINTH SCHEDULE

•(Article 31B)

SECTION Section 177

Untitled Section

160.Discharge of the functions of the Governor in certain

contingencies.

SECTION Section 1770

Untitled Section

1.The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).

SECTION Section 1771

Untitled Section

2.The Bombay Tenancy and Agricultural Lands Act, 1948. (Bombay Act

•LXVII of 1948).

SECTION Section 1772

Untitled Section

3.The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949).

SECTION Section 1773

Untitled Section

4.The Bombay Taluqdari Tenure Abolition Act, 1949.(Bombay Act LXII

•of 1949).

SECTION Section 1774

Untitled Section

5.The Panch Mahals Mehwassi Tenure Abolition Act, 1949.(Bombay Act

•LXIII of 1949).

SECTION Section 1775

Untitled Section

6.The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950).

SECTION Section 1776

Untitled Section

7.The Bombay Paragana and Kulkarni Watan Abolition Act, 1950.

•(Bombay Act LX of 1950).

SECTION Section 1777

Untitled Section

8.The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals,

•Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951).

SECTION Section 1778

Untitled Section

9.The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948

•(Madras Act XXVI of 1948).

SECTION Section 1779

Untitled Section

10.The Madras Estates (Abolition and Conversion into Ryotwari)

•Amendment Act, 1950 (Madras Act I of 1950).

SECTION Section 178

Untitled Section

161.Power of Governor to grant pardons, etc., and to suspend, remit

•or commute sentences in certain cases.

SECTION Section 1780

Untitled Section

11.The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950

•(Uttar Pradesh Act I of 1951).

SECTION Section 1781

Untitled Section

12.The Hyderabad (Abolition of Jagirs) Regulation, 1358F(No. LXIX of

•1358, Fasli).

SECTION Section 1782

Untitled Section

13.The Hyderabad Jagirs (Commutation) Regulation, 1359F(No. XXV of

•1359, Fasli).]

•2[14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land)

•Act, 1950 (Bihar Act XXXVIII of 1950).

SECTION Section 1783

Untitled Section

15.The United Provinces Land Acquisition (Rehabilitation of Refugees)

•Act, 1948 (U.P. Act XXVI of 1948).

SECTION Section 1784

Untitled Section

16.The Resettlement of Displaced Persons (Land Acquisition) Act, 1948

•(Act LX of 1948).

SECTION Section 1785

Untitled Section

17.Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted

•by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950).

SECTION Section 1786

Untitled Section

18.The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951).

•______________________________________________

SECTION Section 1787

Untitled Section

1.Ninth Schedule (entries 1 to 13) added by the Constitution (First Amendment)

•Act, 1951, s. 14 (w.e.f. 18-6-1951).

SECTION Section 1788

Untitled Section

2.Ninth Schedule (entries 14 to 20) added by the Constitution (Fourth Amendment)

•Act, 1955, s. 5 (w.e.f. 27-4-1955).

•327

•328 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1789

Untitled Section

19.Chapter III-A of the Industries (Development and Regulation)

•Act, 1951 (Act LXV of 1951), as inserted by section 13 of the Industries

•(Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953).

SECTION Section 179

Untitled Section

162.Extent of executive power of State.

•Council of Ministers

SECTION Section 1790

Untitled Section

20.The West Bengal Land Development and Planning Act, 1948

•(West Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of

1951.]

•1[21. The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961

•(Andhra Pradesh Act X of 1961).

SECTION Section 1791

Untitled Section

22.The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands

•(Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961).

SECTION Section 1792

Untitled Section

23.The Andhra Pradesh (Telangana Area) Ijara and Kowli Land

•Cancellation of Irregular Pattas and Abolition of Concessional Assessment

•Act, 1961 (Andhra Pradesh Act XXXVI of 1961).

SECTION Section 1793

Untitled Section

24.The Assam State Acquisition of Lands belonging to Religious or

•Charitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961).

SECTION Section 1794

Untitled Section

25.The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of1954).

SECTION Section 1795

Untitled Section

26.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

•Surplus Land) Act, 1961 (Bihar Act XII of 1962), except section 28 of this Act.

SECTION Section 1796

Untitled Section

27.The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954

•(Bombay Act I of 1955).

SECTION Section 1797

Untitled Section

28.The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957

•(Bombay Act XVIII of 1958).

SECTION Section 1798

Untitled Section

29.The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay

•Act XCVIII of 1958).

SECTION Section 1799

Untitled Section

30.The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)

•Act, 1960 (Gujarat Act XVI of 1960).

SECTION Section 18

Untitled Section

15.Prohibition of discrimination on grounds of religion, race, caste,

•sex or place of birth.

SECTION Section 180

Untitled Section

163.Council of Ministers to aid and advise Governor.

SECTION Section 1800

Untitled Section

31.The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI

•of 1961).

SECTION Section 1801

Untitled Section

32.The Sagbara and Mehwassi Estates (Proprietary Rights Abolition, etc.)

•Regulation, 1962 (Gujarat Regulation I of 1962).

•______________________________________________

SECTION Section 1802

Untitled Section

1.Entries 21 to 64 and Explanationadded by the Constitution (Seventeenth Amendment)

•Act, 1964, s. 3 (w.e.f. 20-6-1964).

•329 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1803

Untitled Section

33.The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act

•XXXIII of 1963), except in so far as this Act relates to an alienation referred to

•in sub-clause (d) of clause (3) of section 2 thereof.

SECTION Section 1804

Untitled Section

34.The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961

•(Maharashtra Act XXVII of 1961).

SECTION Section 1805

Untitled Section

35.The Hyderabad Tenancy and Agricultural Lands (Re-enactment, Validation

•and Further Amendment) Act, 1961 (Maharashtra Act XLV of 1961).

SECTION Section 1806

Untitled Section

36.The Hyderabad Tenancy and Agricultural Lands Act, 1950

•(Hyderabad Act XXI of 1950).

SECTION Section 1807

Untitled Section

37.The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961).

SECTION Section 1808

Untitled Section

38.The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961).

SECTION Section 1809

Untitled Section

39.The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964).

SECTION Section 181

Untitled Section

164.Other provisions as to Ministers.

•The Advocate-General for the State

SECTION Section 1810

Untitled Section

40.The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh

•Act XX of 1959).

SECTION Section 1811

Untitled Section

41.The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960

•(Madhya Pradesh Act XX of 1960).

SECTION Section 1812

Untitled Section

42.The Madras Cultivating Tenants Protection Act, 1955

•(Madras Act XXV of 1955).

SECTION Section 1813

Untitled Section

43.The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956

•(Madras Act XXIV of 1956).

SECTION Section 1814

Untitled Section

44.The Madras Occupants of Kudiyiruppu (Protection from Eviction)

•Act, 1961 (Madras Act XXXVIII of 1961).

SECTION Section 1815

Untitled Section

45.The Madras Public Trusts (Regulation of Administration of

•Agricultural Lands) Act, 1961 (Madras Act LVII of 1961).

SECTION Section 1816

Untitled Section

46.The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961

•(Madras Act LVIII of 1961).

SECTION Section 1817

Untitled Section

47.The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952).

SECTION Section 1818

Untitled Section

48.The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957).

SECTION Section 1819

Untitled Section

49.The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961).

SECTION Section 182

Untitled Section

165.Advocate-General for the State.

•Conduct of Government Business

SECTION Section 1820

Untitled Section

50.The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961

•(Mysore Act XXXVI of 1961).

SECTION Section 1821

Untitled Section

51.The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962).

•330 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1822

Untitled Section

52.The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960).

SECTION Section 1823

Untitled Section

53.The Orissa Merged Territories (Village Offices Abolition) Act, 1963

•(Orissa Act X of 1963).

SECTION Section 1824

Untitled Section

54.The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953).

SECTION Section 1825

Untitled Section

55.The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955).

SECTION Section 1826

Untitled Section

56.The Rajasthan Zamindari and Biswedari Abolition Act, 1959

•(Rajasthan Act VIII of 1959).

SECTION Section 1827

Untitled Section

57.The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms

•Act, 1960 (Uttar Pradesh Act XVII of 1960).

SECTION Section 1828

Untitled Section

58.The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960

•(Uttar Pradesh Act I of 1961).

SECTION Section 1829

Untitled Section

59.The West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of 1954).

SECTION Section 183

Untitled Section

166.Conduct of business of the Government of a State.

SECTION Section 1830

Untitled Section

60.The West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956).

SECTION Section 1831

Untitled Section

61.The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954).

SECTION Section 1832

Untitled Section

62.The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960).

SECTION Section 1833

Untitled Section

63.The Manipur Land Revenue and Land Reforms Act, 1960

•(Central Act 33 of 1960).

SECTION Section 1834

Untitled Section

64.The Tripura Land Revenue and Land Reforms Act, 1960

•(Central Act 43 of 1960).

•1[65. The Kerala Land Reforms (Amendment) Act, 1969

•(Kerala Act 35 of 1969).

SECTION Section 1835

Untitled Section

66.The Kerala Land Reforms (Amendment) Act, 1971

•(Kerala Act 25 of 1971).]

•2[67. The Andhra Pradesh Land Reforms (Ceiling on Agricultural

•Holdings) Act, 1973 (Andhra Pradesh Act 1 of 1973).

SECTION Section 1836

Untitled Section

68.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

•Surplus Land) (Amendment) Act, 1972 (Bihar Act Iof 1973).

•______________________________________________

SECTION Section 1837

Untitled Section

1.Entries 65 and 66 ins. by the Constitution (Twenty-ninth Amendment) Act, 1972, s. 2

•(w.e.f. 9-6-1972).

SECTION Section 1838

Untitled Section

2.Entries 67 and 86 ins.. by the Constitution (Thirty-fourth Amendment) Act, 1974, s. 2

•(w.e.f. 7-9-1974).

•331 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1839

Untitled Section

69.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

•Surplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973).

SECTION Section 184

Untitled Section

167.Duties of Chief Minister as respects the furnishing of

•information to Governor, etc.

SECTION Section 1840

Untitled Section

70.The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of

•1972).

SECTION Section 1841

Untitled Section

71.The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972

•(Gujarat Act 2 of 1974).

SECTION Section 1842

Untitled Section

72.The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972).

SECTION Section 1843

Untitled Section

73.The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal

•Pradesh Act 19 of 1973).

SECTION Section 1844

Untitled Section

74.The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972).

SECTION Section 1845

Untitled Section

75.The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)

•Act, 1972 (Madhya Pradesh Act 12 of 1974).

SECTION Section 1846

Untitled Section

76.The Madhya Pradesh Ceiling on Agricultural Holdings (Second

•Amendment) Act, 1972 (Madhya Pradesh Act 13 of 1974).

SECTION Section 1847

Untitled Section

77.The Mysore Land Reforms (Amendment) Act, 1973

•(Karnataka Act 1 of 1974).

SECTION Section 1848

Untitled Section

78.The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973).

SECTION Section 1849

Untitled Section

79.The Rajasthan Imposition of Ceiling on Agricultural Holdings Act,

•1973 (Rajasthan Act 11 of 1973).

SECTION Section 185

Untitled Section

•CHAPTER III. THE STATE LEGISLATURE

•General

SECTION Section 1850

Untitled Section

80.The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari)

•Act, 1969 (Tamil Nadu Act 24 of 1969).

SECTION Section 1851

Untitled Section

81.The West Bengal Land Reforms (Amendment) Act, 1972 (West

•Bengal Act XII of 1972).

SECTION Section 1852

Untitled Section

82.The West Bengal Estates Acquisition (Amendment) Act, 1964 (West

•Bengal Act XXII of 1964).

SECTION Section 1853

Untitled Section

83.The West Bengal Estates Acquisition (Second Amendment) Act, 1973

•(West Bengal Act XXXIII of 1973).

SECTION Section 1854

Untitled Section

84.The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)

•Act, 1972 (Gujarat Act 5 of 1973).

SECTION Section 1855

Untitled Section

85.The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of

•1974).

SECTION Section 1856

Untitled Section

86.The Tripura Land Revenue and Land Reforms (Second Amendment)

•Act,1974 (Tripura Act 7 of 1974).]

•332 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

•1[287* * * * *]

SECTION Section 1857

Untitled Section

88.The Industries (Development and Regulation) Act, 1951 (Central Act

•65 of 1951).

SECTION Section 1858

Untitled Section

89.The Requisitioning and Acquisition of Immovable Property Act, 1952

•(Central Act 30 of 1952).

SECTION Section 1859

Untitled Section

90.The Mines and Minerals (Regulation and Development) Act, 1957

•(Central Act 67 of 1957).

SECTION Section 186

Untitled Section

168.Constitution of Legislatures in States.

SECTION Section 1860

Untitled Section

91.The Monopolies and Restrictive Trade Practices Act, 1969 (Central

•Act 54 of 1969).

•2[92* * * * *]

SECTION Section 1861

Untitled Section

93.The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central

•Act 64 of 1971).

SECTION Section 1862

Untitled Section

94.The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of

•1972).

SECTION Section 1863

Untitled Section

95.The General Insurance Business (Nationalisation) Act, 1972 (Central

•Act 57 of 1972).

SECTION Section 1864

Untitled Section

96.The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972

•(Central Act 58 of 1972).

SECTION Section 1865

Untitled Section

97.The Sick Textile Undertakings (Taking Over of Management) Act,

•1972 (Central Act 72 of 1972).

SECTION Section 1866

Untitled Section

98.The Coal Mines (Taking Over of Management) Act, 1973 (Central Act

•15 of 1973).

SECTION Section 1867

Untitled Section

99.The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973).

SECTION Section 1868

Untitled Section

100.The Foreign Exchange Regulation Act, 1973 (Central Act 46 of

•1973).

SECTION Section 1869

Untitled Section

101.The Alcock Ashdown Company Limited (Acquisition of Under-

•takings) Act, 1973 (Central Act 56 of 1973).

•______________________________________________

SECTION Section 187

Untitled Section

169.Abolition or creation of Legislative Councils in States.

SECTION Section 1870

Untitled Section

1.Entries 87 to 124 ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 5

•(w.e.f. 10-8-1975).

SECTION Section 1871

Untitled Section

2.Entries 87 and 92 omitted by the Constitution (Forty-fourth Amendment) Act, 1978,

s.44 (w.e.f. 20-6-1979).

Rep.by the Competition Act, 2002 (12 of 2003) s. 66 (w.e.f. 1-9-2009).

Rep.by the Foreign Exchange Management Act, 1999 (42 of 1999), s. 49 (w.e.f. 1-6-2000).

•333 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1872

Untitled Section

102.The Coal Mines (Conservation and Development) Act, 1974 (Central

•Act 28 of 1974).

SECTION Section 1873

Untitled Section

103.The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central

•Act 37 of 1974).

SECTION Section 1874

Untitled Section

104.The Conservation of Foreign Exchange and Prevention of Smuggling

•Activities Act, 1974 (Central Act 52 of 1974).

SECTION Section 1875

Untitled Section

105.The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central

•Act 57 of 1974).

SECTION Section 1876

Untitled Section

106.The Maharashtra Agricultural Lands (Ceiling on Holdings)

•(Amendment) Act, 1964 (Maharashtra Act XVI of 1965).

SECTION Section 1877

Untitled Section

107.The Maharashtra Agricultural Lands (Ceiling on Holdings)

•(Amendment) Act, 1965 (Maharashtra Act XXXII of 1965).

SECTION Section 1878

Untitled Section

108.The Maharashtra Agricultural Lands (Ceiling on Holdings)

•(Amendment) Act, 1968 (Maharashtra Act XVI of 1968).

SECTION Section 1879

Untitled Section

109.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second

•Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968).

SECTION Section 188

Untitled Section

170.Composition of the Legislative Assemblies.

•(xi) Contents

SECTION Section 1880

Untitled Section

110.The Maharashtra Agricultural Lands (Ceiling on Holdings)

•(Amendment) Act, 1969 (Maharashtra Act XXXVII of 1969).

SECTION Section 1881

Untitled Section

111.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second

•Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969).

SECTION Section 1882

Untitled Section

112.The Maharashtra Agricultural Lands (Ceiling on Holdings)

•(Amendment) Act, 1970 (Maharashtra Act XXVII of 1970).

SECTION Section 1883

Untitled Section

113.The Maharashtra Agricultural Lands (Ceiling on Holdings)

•(Amendment) Act, 1972 (Maharashtra Act XIII of 1972).

SECTION Section 1884

Untitled Section

114.The Maharashtra Agricultural Lands (Ceiling on Holdings)

•(Amendment) Act, 1973 (Maharashtra Act L of 1973).

SECTION Section 1885

Untitled Section

115.The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of

•1965).

SECTION Section 1886

Untitled Section

116.The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of

•1967).

SECTION Section 1887

Untitled Section

117.The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of

•1967).

•334 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1888

Untitled Section

118.The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of

•1969).

SECTION Section 1889

Untitled Section

119.The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of

•1970).

SECTION Section 1890

Untitled Section

120.The Uttar Pradesh Imposition of Ceiling on Land Holdings

•(Amendment) Act, 1972 (Uttar Pradesh Act 18 of 1973).

SECTION Section 1891

Untitled Section

121.The Uttar Pradesh Imposition of Ceiling on Land Holdings

•(Amendment) Act, 1974 (Uttar Pradesh Act 2 of 1975).

SECTION Section 1892

Untitled Section

122.The Tripura Land Revenue and Land Reforms (Third Amendment)

•Act, 1975 (Tripura Act 3 of 1975).

123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971).

SECTION Section 1893

Untitled Section

124.The Dadra and Nagar Haveli Land Reforms (Amendment)

•Regulation, 1973 (5 of 1973).]

•1[125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939

•(Central Act 4 of 1939).

SECTION Section 1894

Untitled Section

126.The Essential Commodities Act, 1955 (Central Act 10 of 1955).

SECTION Section 1895

Untitled Section

127.The Smugglers and Foreign Exchange Manipulators (Forfeiture of

•Property) Act, 1976 (Central Act 13 of 1976).

SECTION Section 1896

Untitled Section

128.The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of

•1976).

SECTION Section 1897

Untitled Section

129.The Conservation of Foreign Exchange and Prevention of Smuggling

•Activities (Amendment) Act, 1976 (Central Act 20 of 1976).

•2130* * * * *

SECTION Section 1898

Untitled Section

131.The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of

•1976).

SECTION Section 1899

Untitled Section

132.The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33

•of 1976).

•______________________________________________

SECTION Section 19

Untitled Section

16.Equality of opportunity in matters of public employment.

SECTION Section 190

Untitled Section

171.Composition of the Legislative Councils.

SECTION Section 1900

Untitled Section

1.Entries 125 to 188 ins. by the Constitution (Fortieth Amendment) Act, 1976, s. 3

•(w.e.f. 27-5-1976).

•See now the relevant provisions of the Motor Vehicles Act, 1988 (59 of 1988).

SECTION Section 1901

Untitled Section

2.Entry 130 omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 44

•(w.e.f. 20-6-1979).

•335 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1902

Untitled Section

133.The Departmentalisation of Union Accounts (Transfer of Personnel)

•Act, 1976 (Central Act 59 of 1976).

SECTION Section 1903

Untitled Section

134.The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam

•Act I of 1957).

SECTION Section 1904

Untitled Section

135.The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act,

•1958 (Bombay Act XCIX of 1958).

SECTION Section 1905

Untitled Section

136.The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14

•of 1973).

SECTION Section 1906

Untitled Section

137.The Haryana Ceiling on Land Holdings (Amendment) Act, 1976

•(Haryana Act 17 of 1976).

SECTION Section 1907

Untitled Section

138.The Himachal Pradesh Tenancy and Land Reforms Act, 1972

•(Himachal Pradesh Act 8 of 1974).

SECTION Section 1908

Untitled Section

139.The Himachal Pradesh Village Common Lands Vesting and

•Utilisation Act, 1974 (Himachal Pradesh Act 18 of 1974).

SECTION Section 1909

Untitled Section

140.The Karnataka Land Reforms (Second Amendment and Miscellaneous

•Provisions) Act, 1974 (Karnataka Act 31 of 1974).

SECTION Section 191

Untitled Section

172.Duration of State Legislatures.

SECTION Section 1910

Untitled Section

141.The Karnataka Land Reforms (Second Amendment) Act, 1976

•(Karnataka Act 27 of 1976).

SECTION Section 1911

Untitled Section

142.The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966).

SECTION Section 1912

Untitled Section

143.The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969).

SECTION Section 1913

Untitled Section

144.The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of

•1969).

SECTION Section 1914

Untitled Section

145.The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act,

•1971 (Kerala Act 20 of 1971).

SECTION Section 1915

Untitled Section

146.The Kerala Private Forests (Vesting and Assignment) Act, 1971

•(Kerala Act 26 of 1971).

SECTION Section 1916

Untitled Section

147.The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974).

SECTION Section 1917

Untitled Section

148.The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29

•of 1974).

SECTION Section 1918

Untitled Section

149.The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975).

SECTION Section 1919

Untitled Section

150.The Kerala Scheduled Tribes (Restriction on Transfer of Lands and

•Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975).

•336 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 192

Untitled Section

173.Qualification for membership of the State Legislature.

SECTION Section 1920

Untitled Section

151.The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of

•1976).

SECTION Section 1921

Untitled Section

152.The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976).

SECTION Section 1922

Untitled Section

153.The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)

•Act, 1974 (Madhya Pradesh Act 20 of 1974).

SECTION Section 1923

Untitled Section

154.The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)

•Act, 1975 (Madhya Pradesh Act 2 of 1976).

SECTION Section 1924

Untitled Section

155.The West Khandesh Mehwassi Estates (Proprietary Rights Abolition,

etc.) Regulation, 1961 (Maharashtra Regulation 1 of 1962).

SECTION Section 1925

Untitled Section

156.The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974

•(Maharashtra Act XIV of 1975).

SECTION Section 1926

Untitled Section

157.The Maharashtra Agricultural Lands (Lowering of Ceiling on

•Holdings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975).

SECTION Section 1927

Untitled Section

158.The Maharashtra Private Forest (Acquisition) Act, 1975 (Maharashtra

•Act XXIX of 1975).

SECTION Section 1928

Untitled Section

159.The Maharashtra Agricultural Lands (Lowering of Ceiling on

•Holdings) and (Amendment) Amendment Act, 1975 (Maharashtra Act XLVII

•of 1975).

SECTION Section 1929

Untitled Section

160.The Maharashtra Agricultural Lands (Ceiling on Holdings)

•(Amendment) Act, 1975 (Maharashtra Act II of 1976).

SECTION Section 193

Untitled Section

174.Sessions of the State Legislature, prorogation and dissolution.

SECTION Section 1930

Untitled Section

161.The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952).

SECTION Section 1931

Untitled Section

162.The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954).

SECTION Section 1932

Untitled Section

163.The Rajasthan Land Reforms and Acquisition of Landowners’ Estates

•Act, 1963 (Rajasthan Act 11 of 1964).

SECTION Section 1933

Untitled Section

164.The Rajasthan Imposition of Ceiling on Agricultural Holdings

•(Amendment) Act, 1976 (Rajasthan Act 8 of 1976).

SECTION Section 1934

Untitled Section

165.The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of

•1976).

SECTION Section 1935

Untitled Section

166.The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act,

•1970 (Tamil Nadu Act 17 of 1970).

SECTION Section 1936

Untitled Section

167.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•Amendment Act, 1971 (Tamil Nadu Act 41 of 1971).

•337 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1937

Untitled Section

168.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•Amendment Act, 1972 (Tamil Nadu Act 10 of 1972).

SECTION Section 1938

Untitled Section

169.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

•Amendment Act, 1972 (Tamil Nadu Act 20 of 1972).

SECTION Section 1939

Untitled Section

170.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third

•Amendment Act, 1972 (Tamil Nadu Act 37 of 1972).

SECTION Section 194

Untitled Section

175.Right of Governor to address and send messages to the House or

Houses.

SECTION Section 1940

Untitled Section

171.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth

•Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).

SECTION Section 1941

Untitled Section

172.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth

•Amendment Act, 1972 (Tamil Nadu Act 7 of 1974).

SECTION Section 1942

Untitled Section

173.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth

•Amendment Act, 1972 (Tamil Nadu Act 10 of 1974).

SECTION Section 1943

Untitled Section

174.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•Amendment Act, 1974 (Tamil Nadu Act 15 of 1974).

SECTION Section 1944

Untitled Section

175.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third

•Amendment Act, 1974 (Tamil Nadu Act 30 of 1974).

SECTION Section 1945

Untitled Section

176.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

•Amendment Act, 1974 (Tamil Nadu Act 32 of 1974).

SECTION Section 1946

Untitled Section

177.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•Amendment Act, 1975 (Tamil Nadu Act 11 of 1975).

SECTION Section 1947

Untitled Section

178.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

•Amendment Act, 1975 (Tamil Nadu Act 21 of 1975).

SECTION Section 1948

Untitled Section

179.Amendments made to the Uttar Pradesh Zamindari Abolition and

•Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951) by the Uttar Pradesh

•Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of 1971) and the

•Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh Act 34 of

•1974).

SECTION Section 1949

Untitled Section

180.The Uttar Pradesh Imposition of Ceiling on Land Holdings

•(Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976).

SECTION Section 195

Untitled Section

176.Special address by the Governor.

SECTION Section 1950

Untitled Section

181.The West Bengal Land Reforms (Second Amendment) Act, 1972

•(West Bengal Act XXVIII of 1972).

SECTION Section 1951

Untitled Section

182.The West Bengal Restoration of Alienated Land Act, 1973 (West

•Bengal Act XXIII of 1973).

•338 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1952

Untitled Section

183.The West Bengal Land Reforms (Amendment) Act, 1974 (West

•Bengal Act XXXIII of 1974).

SECTION Section 1953

Untitled Section

184.The West Bengal Land Reforms (Amendment) Act, 1975 (West

•Bengal Act XXIII of 1975).

SECTION Section 1954

Untitled Section

185.The West Bengal Land Reforms (Amendment) Act, 1976 (West

•Bengal Act XII of 1976).

SECTION Section 1955

Untitled Section

186.The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central

•Act 15 of 1976).

SECTION Section 1956

Untitled Section

187.The Goa, Daman and Diu Mundkars (Protection from Eviction) Act,

•1975 (Goa, Daman and Diu Act 1 of 1976).

SECTION Section 1957

Untitled Section

188.The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act,

•1973 (Pondicherry Act 9 of 1974).]

•1[189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam

•Act XXIII of 1971).

SECTION Section 1958

Untitled Section

190.The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act,

•1974 (Assam Act XVIII of 1974).

SECTION Section 1959

Untitled Section

191.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

•Surplus Land) (Amendment) Amending Act, 1974 (Bihar Act 13 of 1975).

SECTION Section 196

Untitled Section

177.Rights of Ministers and Advocate-General as respects the

Houses.

•Officers of the State Legislature

SECTION Section 1960

Untitled Section

192.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

•Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976).

SECTION Section 1961

Untitled Section

193.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

•Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978).

SECTION Section 1962

Untitled Section

194.The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of

•1980).

SECTION Section 1963

Untitled Section

195.The Haryana Ceiling on Land Holdings (Amendment) Act, 1977

•(Haryana Act 14 of 1977).

SECTION Section 1964

Untitled Section

196.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•Amendment Act, 1978 (Tamil Nadu Act 25 of 1978).

SECTION Section 1965

Untitled Section

197.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).

•______________________________________________

SECTION Section 1966

Untitled Section

1.Entries 189 to 202 were ins. by the Constitution (Forty-seventh Amendment)

•Act, 1984, s. 2 (w.e.f. 26-8-1984).

•339 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1967

Untitled Section

198.The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978

•(Uttar Pradesh Act 15 of 1978).

SECTION Section 1968

Untitled Section

199.The West Bengal Restoration of Alienated Land (Amendment) Act,

•1978 (West Bengal Act XXIV of 1978).

SECTION Section 1969

Untitled Section

200.The West Bengal Restoration of Alienated Land (Amendment) Act,

•1980 (West Bengal Act LVI of 1980).

SECTION Section 197

Untitled Section

178.The Speaker and Deputy Speaker of the Legislative Assembly.

SECTION Section 1970

Untitled Section

201.The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa,

•Daman and Diu Act 7 of 1964).

SECTION Section 1971

Untitled Section

202.The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment)

•Act, 1976 (Goa, Daman and Diu Act 17 of 1976).]

•1[203. The Andhra Pradesh Scheduled Areas Land Transfer Regulation,

•1959 (Andhra Pradesh Regulation 1 of 1959).

SECTION Section 1972

Untitled Section

204.The Andhra Pradesh Scheduled Areas Laws (Extension and

•Amendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963).

SECTION Section 1973

Untitled Section

205.The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)

•Regulation, 1970 (Andhra Pradesh Regulation 1 of 1970).

SECTION Section 1974

Untitled Section

206.The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)

•Regulation, 1971 (Andhra Pradesh Regulation 1 of 1971).

SECTION Section 1975

Untitled Section

207.The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)

•Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978).

SECTION Section 1976

Untitled Section

208.The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885).

SECTION Section 1977

Untitled Section

209.The Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908)

•(Chapter VIII—sections 46, 47, 48, 48A and 49; Chapter X—sections 71, 71A

•and 71B; and Chapter XVIII—sections 240, 241 and 242).

SECTION Section 1978

Untitled Section

210.The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949

•(Bihar Act 14 of 1949) except section 53.

SECTION Section 1979

Untitled Section

211.The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969).

SECTION Section 198

Untitled Section

179.Vacation and resignation of, and removal from, the offices of

•Speaker and Deputy Speaker.

SECTION Section 1980

Untitled Section

212.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

•Surplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982).

•______________________________________________

SECTION Section 1981

Untitled Section

1.Entries 203 to 257 were ins. by the Constitution (Sixty-sixth Amendment) Act, 1990,

s.2 (w.e.f. 7-6-1990).

•340 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1982

Untitled Section

213.The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of

•1969).

SECTION Section 1983

Untitled Section

214.The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37

•of 1976).

SECTION Section 1984

Untitled Section

215.The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976

•(President's Act 43 of 1976).

SECTION Section 1985

Untitled Section

216.The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977

•(Gujarat Act 27 of 1977).

SECTION Section 1986

Untitled Section

217.The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30

•of 1977).

SECTION Section 1987

Untitled Section

218.The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980

•(Gujarat Act 37 of 1980).

SECTION Section 1988

Untitled Section

219.The Bombay Land Revenue Code and Land Tenure Abolition Laws

•(Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982).

SECTION Section 1989

Untitled Section

220.The Himachal Pradesh Transfer of Land (Regulation) Act, 1968

•(Himachal Pradesh Act 15 of 1969).

SECTION Section 199

Untitled Section

180.Power of the Deputy Speaker or other person to perform the

•duties of the office of, or to act as, Speaker.

SECTION Section 1990

Untitled Section

221.The Himachal Pradesh Transfer of Land (Regulation) (Amendment)

•Act, 1986 (Himachal Pradesh Act 16 of 1986).

SECTION Section 1991

Untitled Section

222.The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of

•Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979).

SECTION Section 1992

Untitled Section

223.The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978).

SECTION Section 1993

Untitled Section

224.The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of

•1981).

SECTION Section 1994

Untitled Section

225.The Madhya Pradesh Land Revenue Code (Third Amendment) Act,

•1976 (Madhya Pradesh Act 61 of 1976).

SECTION Section 1995

Untitled Section

226.The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980

•(Madhya Pradesh Act 15 of 1980).

SECTION Section 1996

Untitled Section

227.The Madhya Pradesh Akrishik Jot Uchchatam Seema Adhiniyam,

•1981 (Madhya Pradesh Act 11 of 1981).

SECTION Section 1997

Untitled Section

228.The Madhya Pradesh Ceiling on Agricultural Holdings (Second

•Amendment) Act, 1976 (Madhya Pradesh Act 1 of 1984).

SECTION Section 1998

Untitled Section

229.The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)

•Act, 1984 (Madhya Pradesh Act 14 of 1984).

•341 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 1999

Untitled Section

230.The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)

•Act, 1989 (Madhya Pradesh Act 8 of 1989).

SECTION Section 20

Untitled Section

17.Abolition of Untouchability.

SECTION Section 200

Untitled Section

181.The Speaker or the Deputy Speaker not to preside while a

•resolution for his removal from office is under consideration.

SECTION Section 2000

Untitled Section

231.The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of

•1966), sections 36, 36A and 36B.

SECTION Section 2001

Untitled Section

232.The Maharashtra Land Revenue Code and the Maharashtra

•Restoration of Lands to Scheduled Tribes (Second Amendment) Act, 1976

•(Maharashtra Act 30 of 1977).

SECTION Section 2002

Untitled Section

233.The Maharashtra Abolition of Subsisting Proprietary Rights to Mines

•and Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of 1985).

SECTION Section 2003

Untitled Section

234.The Orissa Scheduled Areas Transfer of Immovable Property (by

•Scheduled Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956).

SECTION Section 2004

Untitled Section

235.The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa

•Act 29 of 1976).

SECTION Section 2005

Untitled Section

236.The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976).

SECTION Section 2006

Untitled Section

237.The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa

•Act 44 of 1976).

SECTION Section 2007

Untitled Section

238.The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act

•12 of 1984).

SECTION Section 2008

Untitled Section

239.The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of

•1984).

SECTION Section 2009

Untitled Section

240.The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of

•1987).

SECTION Section 201

Untitled Section

182.The Chairman and Deputy Chairman of the Legislative Council.

SECTION Section 2010

Untitled Section

241.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

•Amendment Act, 1979 (Tamil Nadu Act 8 of 1980).

SECTION Section 2011

Untitled Section

242.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•Amendment Act, 1980 (Tamil Nadu Act 21 of 1980).

SECTION Section 2012

Untitled Section

243.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•Amendment Act, 1981 (Tamil Nadu Act 59 of 1981).

SECTION Section 2013

Untitled Section

244.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

•Amendment Act, 1983 (Tamil Nadu Act 2 of 1984).

SECTION Section 2014

Untitled Section

245.The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh

•Act 20 of 1982).

•342 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 2015

Untitled Section

246.The West Bengal Land Reforms (Amendment) Act, 1965 (West

•Bengal Act 18 of 1965).

SECTION Section 2016

Untitled Section

247.The West Bengal Land Reforms (Amendment) Act, 1966 (West

•Bengal Act 11 of 1966).

SECTION Section 2017

Untitled Section

248.The West Bengal Land Reforms (Second Amendment) Act, 1969

•(West Bengal Act 23 of 1969).

SECTION Section 2018

Untitled Section

249.The West Bengal Estate Acquisition (Amendment) Act, 1977 (West

•Bengal Act 36 of 1977).

SECTION Section 2019

Untitled Section

250.The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act

•44 of 1979).

SECTION Section 202

Untitled Section

183.Vacation and resignation of, and removal from, the offices of

•Chairman and Deputy Chairman.

SECTION Section 2020

Untitled Section

251.The West Bengal Land Reforms (Amendment) Act, 1980 (West

•Bengal Act 41 of 1980).

SECTION Section 2021

Untitled Section

252.The West Bengal Land Holding Revenue (Amendment) Act, 1981

•(West Bengal Act 33 of 1981).

SECTION Section 2022

Untitled Section

253.The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981

•(West Bengal Act 37 of 1981).

SECTION Section 2023

Untitled Section

254.The West Bengal Land Holding Revenue (Amendment) Act, 1982

•(West Bengal Act 23 of 1982).

SECTION Section 2024

Untitled Section

255.The Calcutta Thikka Tenancy (Acquisition and Regulation)

•(Amendment) Act, 1984 (West Bengal Act 41 of 1984).

SECTION Section 2025

Untitled Section

256.The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968).

SECTION Section 2026

Untitled Section

257.The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1

•of 1981).]

•1[257A. The Tamil Nadu Backward Classes, Scheduled Castes and

•Scheduled Tribes (Reservation of Seats in Educational Institutions and of

•appointments or posts in the Services under the State) Act, 1993(Tamil Nadu

•Act 45 of 1994).]

•______________________________________________

SECTION Section 2027

Untitled Section

1.Entry 257A ins. by the Constitution (Seventy-sixth Amendment) Act, 1994, s. 2 (w.e.f.

•31-8-1994).

•343 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

•1[258. The Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar

•Act 4 of 1948).

SECTION Section 2028

Untitled Section

259.The Bihar Consolidation of Holdings and Prevention of Fragmentation

•Act, 1956 (Bihar Act 22 of 1956).

SECTION Section 2029

Untitled Section

260.The Bihar Consolidation of Holdings and Prevention of Fragmentation

•(Amendment) Act, 1970 (Bihar Act 7 of 1970).

SECTION Section 203

Untitled Section

184.Power of the Deputy Chairman or other person to perform the

•duties of the office of, or to act as, Chairman.

SECTION Section 2030

Untitled Section

261.The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,

•1970 (Bihar Act 9 of 1970).

SECTION Section 2031

Untitled Section

262.The Bihar Consolidation of Holdings and Prevention of Fragmentation

•(Amendment) Act, 1973 (Bihar Act 27 of 1975).

SECTION Section 2032

Untitled Section

263.The Bihar Consolidation of Holdings and Prevention of Fragmentation

•(Amendment) Act, 1981 (Bihar Act 35 of 1982).

SECTION Section 2033

Untitled Section

264.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

•Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987).

SECTION Section 2034

Untitled Section

265.The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,

•1989 (Bihar Act 11 of 1989).

SECTION Section 2035

Untitled Section

266.The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990).

SECTION Section 2036

Untitled Section

267.The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of

•Transfer of Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of 1984).

SECTION Section 2037

Untitled Section

268.The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989).

SECTION Section 2038

Untitled Section

269.The Kerala Land Reforms (Second Amendment) Act, 1989 (Kerala

•Act 2 of 1990).

SECTION Section 2039

Untitled Section

270.The Orissa Land Reforms (Amendment) Act, 1989 (Orissa Act 9 of

•1990).

SECTION Section 204

Untitled Section

185.The Chairman or the Deputy Chairman not to preside while a

•resolution for his removal from office is under consideration.

SECTION Section 2040

Untitled Section

271.The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979).

SECTION Section 2041

Untitled Section

272.The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2

•of 1987).

SECTION Section 2042

Untitled Section

273.The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act

•12 of 1989).

•______________________________________________

SECTION Section 2043

Untitled Section

1.Entries 258 to 284 ins. by the Constitution (Seventy-eighth Amendment) Act, 1995,

s.2 (w.e.f. 30-8-1995).

•344 THE CONSTITUTION OF INDIA

•(Ninth Schedule)

SECTION Section 2044

Untitled Section

274.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•Amendment Act, 1983 (Tamil Nadu Act 3 of 1984).

SECTION Section 2045

Untitled Section

275.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•Amendment Act, 1986 (Tamil Nadu Act 57 of 1986).

SECTION Section 2046

Untitled Section

276.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second

•Amendment Act, 1987 (Tamil Nadu Act 4 of 1988).

SECTION Section 2047

Untitled Section

277.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

•(Amendment) Act, 1989 (Tamil Nadu Act 30 of 1989).

SECTION Section 2048

Untitled Section

278.The West Bengal Land Reforms (Amendment) Act, 1981 (West

•Bengal Act 50 of 1981).

SECTION Section 2049

Untitled Section

279.The West Bengal Land Reforms (Amendment) Act, 1986 (West

•Bengal Act 5 of 1986).

SECTION Section 205

Untitled Section

186.Salaries and allowances of the Speaker and Deputy Speaker and

•the Chairman and Deputy Chairman.

SECTION Section 2050

Untitled Section

280.The West Bengal Land Reforms (Second Amendment) Act, 1986

•(West Bengal Act 19 of 1986).

SECTION Section 2051

Untitled Section

281.The West Bengal Land Reforms (Third Amendment) Act, 1986 (West

•Bengal Act 35 of 1986).

SECTION Section 2052

Untitled Section

282.The West Bengal Land Reforms (Amendment) Act, 1989 (West

•Bengal Act 23 of 1989).

SECTION Section 2053

Untitled Section

283.The West Bengal Land Reforms (Amendment) Act, 1990 (West

•Bengal Act 24 of 1990).

SECTION Section 2054

Untitled Section

284.The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act

•12 of 1991).]

•Explanation:—Any acquisition made under the Rajasthan Tenancy Act,

•1955 (Rajasthan Act 3 of 1955), in contravention of the second proviso to

SECTION Section 2055

Untitled Section

•clause(1) of article 31A shall, to the entent of the contravention, be void.]

•1[TENTH SCHEDULE

•[Articles 102(2) and 191(2)]

•Provisions as to disqualification on ground of defection

SECTION Section 2056

Untitled Section

1.Interpretation.—In this Schedule, unless the context otherwise requires,—

(a)"House" means either House of Parliament or the Legislative

•Assembly or, as the case may be, either House of the Legislature of a State;

(b)"legislature party", in relation to a member of a House

•belonging to any political party in accordance with the provisions of

•paragraph 2 or 2*** paragraph 4, means the group consisting of all the

•members of that House for the time being belonging to that political

•party in accordance with the said provisions;

(c)"original political party", in relation to a member of a House,

•means the political party to which he belongs for the purposes of sub-

•paragraph (1) of paragraph 2;

(d)"paragraph" means a paragraph of this Schedule.

SECTION Section 2057

Untitled Section

2.Disqualification on ground of defection.—(1) Subject to the

•provisions of 3[paragraphs 4 and 5], a member of a House belonging to any

•political party shall be disqualified for being a member of the House—

(a)if he has voluntarily given up his membership of such political

•party; or

(b)if he votes or abstains from voting in such House contrary to

•any direction issued by the political party to which he belongs or by any

•person or authority authorised by it in this behalf, without obtaining, in

•either case, the prior permission of such political party, person or

•authority and such voting or abstention has not been condoned by such

•political party, person or authority within fifteen days from the date of

•such voting or abstention.

Explanation.—For the purposes of this sub-paragraph,—

(a)an elected member of a House shall be deemed to belong to

•the political party, if any, by which he was set up as a candidate for

•election as such member;

(b)a nominated member of a House shall,—

•______________________________________________

SECTION Section 2058

Untitled Section

1.Tenth Schedule added by the Constitution (Fifty-second Amendment) Act, 1985, s. 6

•(w.e.f. 1-3-1985).

SECTION Section 2059

Untitled Section

2.Certain words omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5

•(w.e.f. 1-1-2004).

SECTION Section 206

Untitled Section

187.Secretariat of State Legislature.

•Conduct of Business

SECTION Section 2060

Untitled Section

3.Subs. by s. 5, ibid., for "paragraphs 3, 4 and 5"(w.e.f. 1-1-2004).

•345

•346 THE CONSTITUTION OF INDIA

•(Tenth Schedule)

(i)where he is a member of any political party on the date

•of his nomination as such member, be deemed to belong to such

•political party;

•(ii) in any other case, be deemed to belong to the political

•party of which he becomes, or, as the case may be, first becomes,

•a member before the expiry of six months from the date on which

•he takes his seat after complying with the requirements of article

•99 or, as the case may be, article 188.

(2)An elected member of a House who has been elected as such otherwise

•than as a candidate set up by any political party shall be disqualified for being a

•member of the House if he joins any political party after such election.

(3)A nominated member of a House shall be disqualified for being a

•member of the House if he joins any political party after the expiry of six

•months from the date on which he takes his seat after complying with the

•requirements of article 99 or, as the case may be, article 188.

(4)Notwithstanding anything contained in the foregoing provisions of

•this paragraph, a person who, on the commencement of the Constitution (Fifty-

•second Amendment) Act, 1985, is a member of a House (whether elected or

•nominated as such) shall,—

(i)where he was a member of political party immediately before

•such commencement, be deemed, for the purposes of sub-paragraph (1)

•of this paragraph, to have been elected as a member of such House as a

•candidate set up by such political party;

•(ii) in any other case, be deemed to be an elected member of the

•House who has been elected as such otherwise than as a candidate set up

•by any political party for the purposes of sub-paragraph (2) of this

•paragraph or, as the case may be, be deemed to be a nominated member

•of the House for the purposes of sub-paragraph (3) of this paragraph.

•1* * * * *

SECTION Section 2061

Untitled Section

4.Disqualification on ground of defection not to apply in case of

merger.— (1) A member of a House shall not be disqualified under

•sub-paragraph (1) of paragraph 2 where his original political party merges with

•another political party and he claims that he and any other members of his

•original political party—

(a)have become members of such other political party or, as the

•case may be, of a new political party formed by such merger; or

(b)have not accepted the merger and opted to function as a

•separate group,

•______________________________________________

SECTION Section 2062

Untitled Section

1.Paragraph 3 omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5

•(w.e.f. 1-1-2004).

•347 THE CONSTITUTION OF INDIA

•(Tenth Schedule)

•and from the time of such merger, such other political party or new political

•party or group, as the case may be, shall be deemed to be the political party to

•which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to

•be his original political party for the purposes of this sub-paragraph.

(2)For the purposes of sub-paragraph (1) of this paragraph, the merger

•of the original political party of a member of a House shall be deemed to have

•taken place if, and only if, not less than two-thirds of the members of the

•legislature party concerned have agreed to such merger.

SECTION Section 2063

Untitled Section

5.Exemption.—Notwithstanding anything contained in this Schedule, a

•person who has been elected to the office of the Speaker or the Deputy Speaker

•of the House of the People or the Deputy Chairman of the Council of States or

•the Chairman or the Deputy Chairman of the Legislative Council of a State or

•the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall

•not be disqualified under this Schedule,—

(a)if he, by reason of his election to such office, voluntarily gives

•up the membership of the political party to which he belonged

•immediately before such election and does not, so long as he continues

•to hold such office thereafter, rejoin that political party or become a

•member of another political party; or

(b)if he, having given up by reason of his election to such office his

•membership of the political party to which he belonged immediately before

•such election, rejoins such political party after he ceases to hold such office.

SECTION Section 2064

Untitled Section

6.Decision on questions as to disqualification on ground of

defection.—(1) If any question arises as to whether a member of a House has

•become subject to disqualification under this Schedule, the question shall be

•referred for the decision of the Chairman or, as the case may be, the Speaker of

•such House and his decision shall be final:

•Provided that where the question which has arisen is as to whether the

•Chairman or the Speaker of a House has become subject to such disqualification,

•the question shall be referred for the decision of such member of the House as the

•House may elect in this behalf and his decision shall be final.

(2)All proceedings under sub-paragraph (1) of this paragraph in relation

•to any question as to disqualification of a member of a House under this

•Schedule shall be deemed to be proceedings in Parliament within the meaning

•of article 122 or, as the case may be, proceedings in the Legislature of a State

•within the meaning of article 212.

•348 THE CONSTITUTION OF INDIA

•(Tenth Schedule)

•*7. Bar of jurisdiction of courts.—Notwithstanding anything in this

•Constitution, no court shall have any jurisdiction in respect of any matter

•connected with the disqualification of a member of a House under this Schedule.

SECTION Section 2065

Untitled Section

8.Rules.—(1) Subject to the provisions of sub-paragraph (2) of this

•paragraph, the Chairman or the Speaker of a House may make rules for giving

•effect to the provisions of this Schedule, and in particular, and without

•prejudice to the generality of the foregoing, such rules may provide for—

(a)the maintenance of registers or other records as to the political

•parties, if any, to which different members of the House belong;

(b)the report which the leader of a legislature party in relation to a

•member of a House shall furnish with regard to any condonation of the

•nature referred to in clause (b) of sub-paragraph (1) of paragraph 2 in

•respect of such member, the time within which and the authority to

•whom such report shall be furnished;

(c)the reports which a political party shall furnish with regard to

•admission to such political party of any members of the House and the

•officer of the House to whom such reports shall be furnished; and

(d)the procedure for deciding any question referred to in

•sub-paragraph (1) of paragraph 6 including the procedure for any inquiry

•which may be made for the purpose of deciding such question.

(2)The rules made by the Chairman or the Speaker of a House under

•sub-paragraph (1) of this paragraph shall be laid as soon as may be after they

•are made before the House for a total period of thirty days which may be

•comprised in one session or in two or more successive sessions and shall take

•effect upon the expiry of the said period of thirty days unless they are sooner

•approved with or without modifications or disapproved by the House and

•where they are so approved, they shall take effect on such approval in the form

•in which they were laid or in such modified form, as the case may be, and

•where they are so disapproved, they shall be of no effect.

(3)The Chairman or the Speaker of a House may, without prejudice to

•the provisions of article 105 or, as the case may be, article 194, and to any other

•power which he may have under this Constitution direct that any wilful

•contravention by any person of the rules made under this paragraph may be

•dealt with in the same manner as a breach of privilege of the House.]

•______________________________________________

•* Paragraph 7 declared invalid for want of ratification in accordance with the proviso to clause (2) of

SECTION Section 2066

Untitled Section

•article 368 as per majority opinion in Kihoto Hollohon Vs. Zachilhu and Others A.I.R. 1993

•SC 412.

•1[ELEVENTH SCHEDULE

•(Article 243G)

SECTION Section 2067

Untitled Section

1.Agriculture, including agricultural extension.

SECTION Section 2068

Untitled Section

2.Land improvement, implementation of land reforms, land

•consolidation and soil conservation.

SECTION Section 2069

Untitled Section

3.Minor irrigation, water management and watershed

development.

SECTION Section 207

Untitled Section

188.Oath or affirmation by members.

SECTION Section 2070

Untitled Section

4.Animal husbandry, dairying and poultry.

SECTION Section 2071

Untitled Section

5.Fisheries.

SECTION Section 2072

Untitled Section

6.Social forestry and farm forestry.

SECTION Section 2073

Untitled Section

7.Minor forest produce.

SECTION Section 2074

Untitled Section

8.Small scale industries, including food processing industries.

SECTION Section 2075

Untitled Section

9.Khadi, village and cottage industries.

SECTION Section 2076

Untitled Section

10.Rural housing.

SECTION Section 2077

Untitled Section

11.Drinking water.

SECTION Section 2078

Untitled Section

12.Fuel and fodder.

SECTION Section 2079

Untitled Section

13.Roads, culverts, bridges, ferries, waterways and other means of

communication.

SECTION Section 208

Untitled Section

189.Voting in Houses, power of Houses to act notwithstanding

•vacancies and quorum.

•Disqualifications of Members

SECTION Section 2080

Untitled Section

14.Rural electrification, including distribution of electricity.

SECTION Section 2081

Untitled Section

15.Non-conventional energy sources.

SECTION Section 2082

Untitled Section

16.Poverty alleviation programme.

SECTION Section 2083

Untitled Section

17.Education, including primary and secondary schools.

SECTION Section 2084

Untitled Section

18.Technical training and vocational education.

SECTION Section 2085

Untitled Section

19.Adult and non-formal education.

SECTION Section 2086

Untitled Section

20.Libraries.

SECTION Section 2087

Untitled Section

21.Cultural activities.

SECTION Section 2088

Untitled Section

22.Markets and fairs.

SECTION Section 2089

Untitled Section

23.Health and sanitation, including hospitals, primary health

•centres and dispensaries.

SECTION Section 209

Untitled Section

190.Vacation of seats.

•(xii) Contents

SECTION Section 2090

Untitled Section

24.Family welfare.

SECTION Section 2091

Untitled Section

25.Women and child development.

SECTION Section 2092

Untitled Section

26.Social welfare, including welfare of the handicapped and

•mentally retarded.

SECTION Section 2093

Untitled Section

27.Welfare of the weaker sections, and in particular, of the

•Scheduled Castes and the Scheduled Tribes.

SECTION Section 2094

Untitled Section

28.Public distribution system.

SECTION Section 2095

Untitled Section

29.Maintenance of community assets.]

•______________________________________________

SECTION Section 2096

Untitled Section

1.Eleventh Schedule added by the Constitution (Seventy-third Amendment) Act, 1992,

s.4 (w.e.f. 24-4-1993).

•349

•1[TWELFTH SCHEDULE

•(Article 243W)

SECTION Section 2097

Untitled Section

1.Urban planning including town planning.

SECTION Section 2098

Untitled Section

2.Regulation of land-use and construction of buildings.

SECTION Section 2099

Untitled Section

3.Planning for economic and social development.

SECTION Section 21

Untitled Section

18.Abolition of titles.

•Right to Freedom

SECTION Section 2100

Untitled Section

4.Roads and bridges.

SECTION Section 2101

Untitled Section

5.Water supply for domestic, industrial and commercial purposes.

SECTION Section 2102

Untitled Section

6.Public health, sanitation conservancy and solid waste

management.

SECTION Section 2103

Untitled Section

7.Fire services.

SECTION Section 2104

Untitled Section

8.Urban forestry, protection of the environment and promotion of

•ecological aspects.

SECTION Section 2105

Untitled Section

9.Safeguarding the interests of weaker sections of society,

•including the handicapped and mentally retarded.

SECTION Section 2106

Untitled Section

10.Slum improvement and upgradation.

SECTION Section 2107

Untitled Section

11.Urban poverty alleviation.

SECTION Section 2108

Untitled Section

12.Provision of urban amenities and facilities such as parks,

•gardens, playgrounds.

SECTION Section 2109

Untitled Section

13.Promotion of cultural, educational and aesthetic aspects.

SECTION Section 211

Untitled Section

191.Disqualifications for membership.

SECTION Section 2110

Untitled Section

14.Burials and burial grounds; cremations, cremation grounds; and

•electric crematoriums.

SECTION Section 2111

Untitled Section

15.Cattle pounds; prevention of cruelty to animals.

SECTION Section 2112

Untitled Section

16.Vital statistics including registration of births and deaths.

SECTION Section 2113

Untitled Section

17.Public amenities including street lighting, parking lots, bus stops

•and public conveniences.

SECTION Section 2114

Untitled Section

18.Regulation of slaughter houses and tanneries.]

•______________________________________________

SECTION Section 2115

Untitled Section

1.Twelfth Schedule added by the Constitution (Seventy-fourthAmendment) Act, 1992, s. 4

•(w.e.f. 1-6-1993).

•350

•APPENDIXI

•THE CONSTITUTION ( ONE HUNDREDTH AMENDMENT)

•ACT, 2015

•[28th May, 2015.]

•An Act further to amend the Constitution of India to give effect to the acquiring

•of territories by India and transfer of certain territories to Bangladesh in

•pursuance of the agreement and its protocol entered into between the

•Governments of India and Bangladesh.

•BE it enacted by Parliament in the Sixty-sixth Year of the Republic of

•India as follows:—

1.Short title.—This Act may be called the Constitution (One Hundredth

•Amendment) Act, 2015.

SECTION Section 2116

Untitled Section

2.Definitions.—In this Act,—

(a)“acquired territory” means so much of the territories comprised in

•the India-Bangladesh agreement and its protocol and referred to in the

•First Schedule as are demarcated for the purpose of being acquired by

•India from Bangladesh in pursuance of the agreement and its protocol

•referred to in clause (c);

(b)“appointed day” means such date as the Central Government

•may, by notification in the Official Gazette, appoint as the date for

•acquisition of territories from Bangladesh and transfer of the territories to

•Bangladesh in pursuance of the India-Bangladesh agreement and its

•protocol, after causing the territories to be so acquired and transferred as

•referred to in the First Schedule and Second Schedule and demarcated for the

•purpose;

(c)“India-Bangladesh agreement” means the agreement between the

•Government of the Republic of India and the Government of the People’s

•Republic of Bangladesh concerning the Demarcation of the Land

•Boundary between India and Bangladesh and Related Matters dated the

•16th day of May, 1974, Exchange of Letters dated the 26th day of

•December, 1974, the 30th day of December, 1974, the 7th day of October,

•1982, the 26th day of March, 1992 and protocol to the said agreement dated

•the 6th day of September, 2011, entered into between the Governments of

•India and Bangladesh, the relevant extracts of which are set out in the

•Third Schedule;

•______________________________________________

•31st day of July, 2015, vide notification No. S.O. 2094(E), dated 31stJuly, 2015.

•351

•352 THE CONSTITUTION OF INDIA

•(Appendix I)

(d)“transferred territory”, means so much of the territories

•comprised in the India-Bangladesh agreement and its protocol and

•referred to in the Second Schedule as are demarcated for the purpose of

•being transferred by India to Bangladesh in pursuance of the agreements

•and its protocol referred to in clause (c).

SECTION Section 2117

Untitled Section

3.Amendment of First Schedule to Constitution.— As from the

•appointed day, in the First Schedule to the Constitution,—

(a)in the paragraph relating to the territories of the State of

•Assam, the words, brackets and figures “and the territories referred to in

•Part I of the Second Schedule to the Constitution (One Hundredth

•Amendment) Act, 2015, notwithstanding anything contained in clause

(a)of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far

•as it relates to the territories referred to in Part I of the Second Schedule

•to the Constitution (One Hundredth Amendment) Act, 2015”, shall be

•added at the end;

(b)in the paragraph relating to the territories of the State of West

•Bengal, the words, brackets and figures “and also the territories referred to

•in Part III of the First Schedule but excluding the territories referred to in

•Part III of the Second Schedule to the Constitution (One Hundredth

•Amendment) Act, 2015, notwithstanding anything contained in clause (c)

•of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it

•relates to the territories referred to in Part III of the First Schedule and the

•territories referred to in Part III of the Second Schedule to the

•Constitution (One Hundredth Amendment) Act, 2015”, shall be added at

•the end;

(c)in the paragraph relating to the territories of the State of

•Meghalaya, the words, brackets and figures “and the territories referred to in

•Part I of the First Schedule but excluding the territories referred to in Part

•II of the Second Schedule to the Constitution (One Hundredth

•Amendment) Act, 2015”, shall be added at the end;

(d)in the paragraph relating to the territories of the State of Tripura,

•the words, brackets and figures “and the territories referred to in Part II of the

•First Schedule to the Constitution (One Hundredth Amendment) Act,

•2015, notwithstanding anything contained in clause (d) of section 3 of the

•Constitution (Ninth Amendment) Act, 1960, so far as it relates to the

•territories referred to in Part II of the First Schedule to the Constitution

•(One Hundredth Amendment) Act, 2015”, shall be added at the end.

•353 THE CONSTITUTION OF INDIA

•(Appendix I)

•THE FIRST SCHEDULE

•[See sections 2(a), 2(b) and 3]

•PA R T I

•The acquired territory in relation to Article 2 of the agreement dated the

•16th day of May, 1974 and Article 3 (I) (b) (ii) (iii) (iv) (v) of the protocol dated the

•6th day of September, 2011.

•PA RT I I

•The acquired territory in relation to Article 2 of the agreement dated the

•16th day of May, 1974 and Article 3 (I) (c) (i) of the protocol dated the 6th day of

•September, 2011.

•PART III

•The acquired territory in relation to Articles 1(12) and 2 of the agreement

•dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (iii) (iv) (v) (vi) of the

•protocol dated the 6th day of September, 2011.

•THE SECOND SCHEDULE

•[See sections 2(b), 2(d) and 3]

•PA R T I

•The transferred territory in relation to Article 2 of the agreement dated 16th

•day of May, 1974 and Article 3 (I) (d) (i) (ii) of the protocol dated 6th day of

•September, 2011.

•PA RT I I

•The transferred territory in relation to Article 2 of the agreement dated the

•16th day of May, 1974 and Article 3 (I) (b) (i) of the protocol dated 6th day of

•September, 2011.

•PART III

•The transferred territory in relation to Articles 1(12) and 2 of the

•agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (i) (ii) (vi)

•of the protocol dated the 6th day of September, 2011.

•354 THE CONSTITUTION OF INDIA

•(Appendix I)

•THE THIRD SCHEDULE

•[See section 2(c)]

I.EXTRACTS FROM THE AGREEMENT BETWEEN GOVERNMENT OF

•THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE'S

•REPUBLIC OF BANGLADESH CONCERNING THE DEMARCATION OF

•THE LAND BOUNDARY BETWEEN INDIA AND BANGLADESH AND

•RELATED MATTERS DATEDTHE 16TH DAY OF MAY, 1974

SECTION Section 2118

Untitled Section

•Article 1 (12): ENCLAVES

•The Indian enclaves in Bangladesh and the Bangladesh enclaves in India

•should be exchanged expeditiously, excepting the enclaves mentioned in paragraph

•14 without claim to compensation for the additional area going to Bangladesh.

SECTION Section 2119

Untitled Section

•Article 2:

•The Governments of India and Bangladesh agree that territories in adverse

•possession in areas already demarcated in respect of which boundary strip maps

•are already prepared, shall be exchanged within six months of the signing of the

•boundary strip maps by the plenipotentiaries. They may sign the relevant maps

•as early as possible as and in any case not later than the 31st December, 1974.

•Early measures may be taken to print maps in respect of other areas where

•demarcation has already taken place. These should be printed by the 31st May,

•1975 and signed by the plenipotentiaries thereafter in order that the exchange of

•adversely held possessions in these areas may take place by the 31st December,

SECTION Section 212

Untitled Section

192.Decision on questions as to disqualifications of members.

SECTION Section 2120

Untitled Section

1975.In sectors still to be demarcated, transfer of territorial jurisdiction may

•take place within six months of the signature by plenipotentiaries on the

•concerned boundary strip maps.

II.EXTRACTS FROM THE PROTOCOL TO THE AGREEMENT

•BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND

•THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH

•CONCERNING THE DEMARCATION OF THE LAND BOUNDARY

•BETWEEN INDIA AND BANGLADESH AND RELATED MATTERS,

•DATED THE 6TH DAY OF SEPTEMBER, 2011

SECTION Section 2121

Untitled Section

•Article 2:

•(II) Article 1 Clause 12 of the 1974 Agreement shall be implemented as

•follows:—

•355 THE CONSTITUTION OF INDIA

•(Appendix I)

•Enclaves

•111 Indian Enclaves in Bangladesh and 51 Bangladesh Enclaves in India

•as per the jointly verified cadastral enclave maps and signed at the level of

•DGLR&S, Bangladesh and DLR&S, West Bengal (India) in April, 1997, shall be

•exchanged without claim to compensation for the additional areas going to

Bangladesh.

SECTION Section 2122

Untitled Section

•Article 3:

(I)Article 2 of the 1974 Agreement shall be implemented as follows:—

•The Government of India and the Government of Bangladesh agree

•that the boundary shall be drawn as a fixed boundary for territories held in

•Adverse Possession as determined through joint survey and fully depicted

•in the respective adversely possessed land area Index Map (APL map)

•finalised by the Land Records and Survey Departments of both the

•countries between December, 2010 and August, 2011, which are fully

•described in clause (a) to (d) below.

•The relevant strip maps shall be printed and signed by the

•Plenipotentiaries and transfer of territorial jurisdiction shall be completed

•simultaneously with the exchange of enclaves. The demarcation of the

•boundary, as depicted in the above-mentioned Index Maps, shall be as

•under:—

(a)West Bengal Sector

(i)Bousmari –Madhugari (Kushtia-Nadia) area

•The boundary shall be drawn from the existing

•Boundary Pillar Nos. 154/5-S to 157/1-S to follow the

•centre of old course of river Mathabanga, as depicted

•in consolidation map of 1962, as surveyed jointly and

•agreed in June, 2011.

•(ii) Andharkota (Kushtia-Nadia) area

•The boundary shall be drawn from existing

•Boundary Pillar No. 152/5-S to Boundary Pillar No.

•153/1-S to follow the edge of existing River

•Mathabanga as jointly surveyed and agreed in June,

SECTION Section 2123

Untitled Section

2011.

•356 THE CONSTITUTION OF INDIA

•(Appendix I)

•(iii) Pakuria (Kushtia-Nadia) area

•The boundary shall be drawn from existing

•Boundary Pillar No. 151/1-S to Boundary Pillar No.

•152/2-S to follow the edge of River Mathabanga as

•jointly surveyed and agreed in June, 2011.

•(iv) Char Mahishkundi (Kushtia-Nadia) area

•The boundary shall be drawn from existing

•Boundary Pillar No. 153/1-S to Boundary Pillar No.

•153/9-S to follow the edge of River Mathabanga as

•jointly surveyed and agreed in June, 2011.

(v)Haripal/Khutadah/Battoli/Sapameri/LNpur (Patari)

•(Naogaon-Malda) area

•The boundary shall be drawn as line joining

•from existing Boundary Pillar No. 242/S/13, to

•Boundary Pillar No. 243/7-S/5 and as jointly

•surveyed and agreed in June, 2011.

•(vi) Berubari (Panchagarh-Jalpaiguri area)

•The boundary in the area Berubari

•(Panchagarh-Jalpaiguri) adversely held by

•Bangladesh, and Berubari and Singhapara-Khudipara

•(Panchagarh-Jalpaiguri), adversely held by India shall

•be drawn as jointly demarcated during 1996-1998.

(b)Meghalaya Sector

(i)Lobachera-Nuncherra

•The boundary from existing Boundary Pillar

No.1315/4-S to Boundary Pillar No. 1315/15-S in

•Lailong - Balichera, Boundary Pillar No. 1316/1-S to

•Boundary Pillar No. 1316/11-S in Lailong- Noonchera,

•Boundary Pillar No. 1317 to Boundary Pillar No.

•1317/13-S in Lailong- Lahiling and Boundary Pillar

No.1318/1-S to Boundary Pillar No. 1318/2-S in

•Lailong-Lobhachera shall be drawn to follow the edge

•of tea gardens as jointly surveyed and agreed in

•December, 2010.

•357 THE CONSTITUTION OF INDIA

•(Appendix I)

•(ii) Pyrdiwah/ Padua Area

•The boundary shall be drawn from existing

•Boundary Pillar No. 1270/1-S as per jointly surveyed

•and mutually agreed line till Boundary Pillar No.

•1271/1-T. The Parties agree that the Indian Nationals

•from Pyrdiwah village shall be allowed to draw water

•from Piyang River near point No. 6 of the agreed

Map.

•(iii) Lyngkhat Area

•(aa) Lyngkhat-I/Kulumcherra and Lyngkhat-

•II/ Kulumcherra

•The boundary shall be drawn from

•existing Boundary Pillar No. 1264/4-S to

•Boundary Pillar No. 1265 and BP No. 1265/6-S to

•1265/9-S as per jointly surveyed and mutually

•agreed line.

•(ab) Lyngkhat-III/Sonarhat

•The boundary shall be drawn from

•existing Boundary Pillar No. 1266/13-S along

•the nallah southwards till it meets another

•nallah in the east-west direction, thereafter it

•shall run along the northern edge of the nallah in

•east till it meets the existing International

•Boundary north of Reference Pillar

Nos.1267/4-R-B and 1267/3-R-I.

•(iv) Dawki/Tamabil area

•The boundary shall be drawn by a straight line

•joining existing Boundary Pillar Nos. 1275/1-S to

•Boundary Pillar Nos. 1275/7-S. The Parties agree to

•fencing on ‘zero line’ in this area.

•358 THE CONSTITUTION OF INDIA

•(Appendix I)

(v)Naljuri/Sreepur Area

•(aa) Naljuri I

•The boundary shall be a line from the

•existing Boundary Pillar No. 1277/2-S in

•southern direction up to three plots as

•depicted in the strip Map No. 166 till it meets

•the nallah flowing from Boundary Pillar No.

•1277/5-T, thereafter it will run along the western

•edge of the nallah in the southern direction up

•to 2 plots on the Bangladesh side, thereafter it

•shall run eastwards till it meets a line drawn in

•southern direction from Boundary Pillar No.

•1277/4-S.

•(ab) Naljuri III

•The boundary shall be drawn by a

•straight line from existing Boundary Pillar No.

•1278/2-S to Boundary Pillar No. 1279/ 3-S.

•(vi) Muktapur/ Dibir Hawor Area

•The Parties agree that the Indian Nationals shall

•be allowed to visit Kali Mandir and shall also be

•allowed to draw water and exercise fishing rights in

•the water body in the Muktapur / Dibir Hawor area

•from the bank of Muktapur side.

(c)Tripura Sector

•Chandannagar-Champarai Tea Garden area in

•Tripura/ Moulvi Bazar sector

•The boundary shall be drawn along Sonaraichhera

•river from existing Boundary Pillar No. 1904 to Boundary

•Pillar No. 1905 as surveyed jointly and agreed in July, 2011.

•359 THE CONSTITUTION OF INDIA

•(Appendix I)

(d)Assam Sector

(i)Kalabari (Boroibari) area in Assam sector

•The boundary shall be drawn from existing

•Boundary Pillar No. 1066/24-T to Boundary Pillar

No.1067/16-T as surveyed jointly and agreed in

•August, 2011.

•(ii) Pallathal area in Assam sector

•The boundary shall be drawn from existing

•Boundary Pillar No. 1370/3-S to 1371/ 6-S to follow the

•outer edge of the tea garden and from Boundary Pillar

No.1372 to 1373/2-S along outer edge of the pan

plantation.

III.LIST OF EXCHANGE OF ENCLAVES BETWEEN INDIA AND

•BANGLADESH IN PURSUANT TO ARTICLE 1 (12) OF THE AGREEMENT

•DATED 16TH MAY, 1974 AND THE PROTOCOL TO THE AGREEMENT

•DATED 6TH SEPTEMBER, 2011

A.EXCHANGEABLE INDIAN ENCLAVES IN BANGLADESH WITH

•AREA

Sl.Name of Chhits Chhit No. Lying within Lying within Area

No.Police station Police station in

•Bangladesh W. Bengal acres

•1 2 3 4 5 6

A.Enclaves with independent chhits

SECTION Section 2124

Untitled Section

1.Garati 75 Pochagar Haldibari 58.23

SECTION Section 2125

Untitled Section

2.Garati 76 Pochagar Haldibari 0.79

SECTION Section 2126

Untitled Section

3.Garati 77 Pochagar Haldibari 18

SECTION Section 2127

Untitled Section

4.Garati 78 Pochagar Haldibari 958.66

SECTION Section 2128

Untitled Section

5.Garati 79 Pochagar Haldibari 1.74

SECTION Section 2129

Untitled Section

6.Garati 80 Pochagar Haldibari 73.75

SECTION Section 213

Untitled Section

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

SECTION Section 2130

Untitled Section

7.Bingimari Part-I 73 Pochagar Haldibari 6.07

•360 THE CONSTITUTION OF INDIA

•(Appendix I)

•1 2 3 4 5 6

SECTION Section 2131

Untitled Section

8.Nazirganja 41 Boda Haldibari 58.32

SECTION Section 2132

Untitled Section

9.Nazirganja 42 Boda Haldibari 434.29

SECTION Section 2133

Untitled Section

10.Nazirganja 44 Boda Haldibari 53.47

SECTION Section 2134

Untitled Section

11.Nazirganja 45 Boda Haldibari 1.07

SECTION Section 2135

Untitled Section

12.Nazirganja 46 Boda Haldibari 17.95

SECTION Section 2136

Untitled Section

13.Nazirganja 47 Boda Haldibari 3.89

SECTION Section 2137

Untitled Section

14.Nazirganja 48 Boda Haldibari 73.27

SECTION Section 2138

Untitled Section

15.Nazirganja 49 Boda Haldibari 49.05

SECTION Section 2139

Untitled Section

16.Nazirganja 50 Boda Haldibari 5.05

SECTION Section 214

Untitled Section

194.Powers, privileges, etc., of the Houses of Legislatures and of the

•members and committees thereof.

SECTION Section 2140

Untitled Section

17.Nazirganja 51 Boda Haldibari 0.77

SECTION Section 2141

Untitled Section

18.Nazirganja 52 Boda Haldibari 1.04

SECTION Section 2142

Untitled Section

19.Nazirganja 53 Boda Haldibari 1.02

SECTION Section 2143

Untitled Section

20.Nazirganja 54 Boda Haldibari 3.87

SECTION Section 2144

Untitled Section

21.Nazirganja 55 Boda Haldibari 12.18

SECTION Section 2145

Untitled Section

22.Nazirganja 56 Boda Haldibari 54.04

SECTION Section 2146

Untitled Section

23.Nazirganja 57 Boda Haldibari 8.27

SECTION Section 2147

Untitled Section

24.Nazirganja 58 Boda Haldibari 14.22

SECTION Section 2148

Untitled Section

25.Nazirganja 60 Boda Haldibari 0.52

SECTION Section 2149

Untitled Section

26.Putimari 59 Boda Haldibari 122.8

SECTION Section 215

Untitled Section

195.Salaries and allowances of members.

•Legislative Procedure

SECTION Section 2150

Untitled Section

27.Daikhata Chhat 38 Boda Haldibari 499.21

SECTION Section 2151

Untitled Section

28.Salbari 37 Boda Haldibari 1188.93

SECTION Section 2152

Untitled Section

29.Kajal Dighi 36 Boda Haldibari 771.44

SECTION Section 2153

Untitled Section

30.Nataktoka 32 Boda Haldibari 162.26

SECTION Section 2154

Untitled Section

31.Nataktoka 33 Boda Haldibari 0.26

SECTION Section 2155

Untitled Section

32.Beuladanga 35 Boda Haldibari 0.83

•Chhat

SECTION Section 2156

Untitled Section

33.Balapara 3 Debiganj Haldibari 1752.44

•Iagrabar

SECTION Section 2157

Untitled Section

34.Bara 30 Dimla Haldibari 7.71

•Khankikharija

•Citaldaha

•361 THE CONSTITUTION OF INDIA

•(Appendix I)

•1 2 3 4 5 6

SECTION Section 2158

Untitled Section

35.Bara 29 Dimla Haldibari 36.83

•Khankikharija

•Citaldaha

SECTION Section 2159

Untitled Section

36.Barakhangir 28 Dimla Haldibari 30.53

SECTION Section 216

Untitled Section

196.Provisions as to introduction and passing of Bills.

SECTION Section 2160

Untitled Section

37.Nagarjikobari 31 Dimla Haldibari 33.41

SECTION Section 2161

Untitled Section

38.Kuchlibari 26 Patgram Mekliganj 5.78

SECTION Section 2162

Untitled Section

39.Kuchlibari 27 Patgram Mekliganj 2.04

SECTION Section 2163

Untitled Section

40.Bara Kuchlibari Fragment Patgram Mekliganj 4.35

•of J.L.107

•of P.S

•Mekliganj

SECTION Section 2164

Untitled Section

41.Jamaldaha- 6 Patgram Mekliganj 5.24

•Balapukhari

SECTION Section 2165

Untitled Section

42.Uponchowki 115/2 Patgram Mekliganj 0.32

•kuchlibari

SECTION Section 2166

Untitled Section

43.Uponchowki 7 Patgram Mekliganj 44.04

•kuchlibari

SECTION Section 2167

Untitled Section

44.Bhothnri 11 Patgram Mekliganj 36.83

SECTION Section 2168

Untitled Section

45.Balapukhari 5 Patgram Mekliganj 55.91

SECTION Section 2169

Untitled Section

46.Bara Khangir 4 Patgram Mekliganj 50.51

SECTION Section 217

Untitled Section

197.Restriction on powers of Legislative Council as to Bills other

•than Money Bills.

SECTION Section 2170

Untitled Section

47.Bara Khangir 9 Patgram Mekliganj 87.42

SECTION Section 2171

Untitled Section

48.Chhat Bogdokra 10 Patgram Mekliganj 41.7

SECTION Section 2172

Untitled Section

49.Ratanpur 11 Patgram Mekliganj 58.91

SECTION Section 2173

Untitled Section

50.Bogdokra 12 Patgram Mekliganj 25.49

SECTION Section 2174

Untitled Section

51.Fulker Dabri Fragment Patgram Mekliganj 0.88

•of J.L. 107

•of P.S

•Mekliganj

•362 THE CONSTITUTION OF INDIA

•(Appendix I)

•1 2 3 4 5 6

SECTION Section 2175

Untitled Section

52.Kharkharia 15 Patgram Mekliganj 60.74

SECTION Section 2176

Untitled Section

53.Kharkharia 13 Patgram Mekliganj 51.62

SECTION Section 2177

Untitled Section

54.Lotamari 14 Patgram Mekliganj 110.92

SECTION Section 2178

Untitled Section

55.Bhotbari 16 Patgram Mekliganj 205.46

SECTION Section 2179

Untitled Section

56.Komat 16A Patgram Mekliganj 42.8

•Changrabandha

SECTION Section 218

Untitled Section

198.Special procedure in respect of Money Bills.

SECTION Section 2180

Untitled Section

57.Komat 17A Patgram Mekliganj 16.01

•Changrabandha

SECTION Section 2181

Untitled Section

58.Panisala 17 Patgram Mekliganj 137.66

SECTION Section 2182

Untitled Section

59.Dwarikamari 18 Patgram Mekliganj 36.5

•Khasbash

SECTION Section 2183

Untitled Section

60.Panisala 153/P Patgram Mekliganj 0.27

SECTION Section 2184

Untitled Section

61.Panisala 153/O Patgram Mekliganj 18.01

SECTION Section 2185

Untitled Section

62.Panisala 19 Patgram Mekliganj 64.63

SECTION Section 2186

Untitled Section

63.Panisala 21 Patgram Mekliganj 51.4

SECTION Section 2187

Untitled Section

64.Lotamari 20 Patgram Mekliganj 283.53

SECTION Section 2188

Untitled Section

65.Lotamari 22 Patgram Mekliganj 98.85

SECTION Section 2189

Untitled Section

66.Dwarikamari 23 Patgram Mekliganj 39.52

SECTION Section 219

Untitled Section

199.Definition of “Money Bills”.

SECTION Section 2190

Untitled Section

67.Dwarikamari 25 Patgram Mekliganj 45.73

SECTION Section 2191

Untitled Section

68.Chhat Bhothat 24 Patgram Mekliganj 56.11

SECTION Section 2192

Untitled Section

69.Baakata 131 Patgram Hathabhanga 22.35

SECTION Section 2193

Untitled Section

70.Baakata 132 Patgram Hathabhanga 11.96

SECTION Section 2194

Untitled Section

71.Baakata 130 Patgram Hathibhanga 20.48

SECTION Section 2195

Untitled Section

72.Bhogramguri 133 Patgram Hathibhanga 1.44

SECTION Section 2196

Untitled Section

73.Chenakata 134 Patgram Mekliganj 7.81

SECTION Section 2197

Untitled Section

74.Banskata 119 Patgram Mathabanga 413.81

SECTION Section 2198

Untitled Section

75.Banskata 120 Patgram Mathabanga 30.75

SECTION Section 2199

Untitled Section

76.Banskata 121 Patgram Mathabanga 12.15

SECTION Section 22

Untitled Section

19.Protection of certain rights regarding freedom of speech, etc.

SECTION Section 220

Untitled Section

200.Assent to Bills.

SECTION Section 2200

Untitled Section

77.Banskata 113 Patgram Mathabanga 57.86

SECTION Section 2201

Untitled Section

78.Banskata 112 Patgram Mathabanga 315.04

SECTION Section 2202

Untitled Section

79.Banskata 114 Patgram Mathabanga 0.77

•363 THE CONSTITUTION OF INDIA

•(Appendix I)

•1 2 3 4 5 6

SECTION Section 2203

Untitled Section

80.Banskata 115 Patgram Mathabanga 29.2

SECTION Section 2204

Untitled Section

81.Banskata 122 Patgram Mathabanga 33.22

SECTION Section 2205

Untitled Section

82.Banskata 127 Patgram Mathabanga 12.72

SECTION Section 2206

Untitled Section

83.Banskata 128 Patgram Mathabanga 2.33

SECTION Section 2207

Untitled Section

84.Banskata 117 Patgram Mathabanga 2.55

SECTION Section 2208

Untitled Section

85.Banskata 118 Patgram Mathabanga 30.98

SECTION Section 2209

Untitled Section

86.Banskata 125 Patgram Mathabanga 0.64

SECTION Section 221

Untitled Section

201.Bills reserved for consideration.

•Procedure in Financial Matters

SECTION Section 2210

Untitled Section

87.Banskata 126 Patgram Mathabanga 1.39

SECTION Section 2211

Untitled Section

88.Banskata 129 Patgram Mathabanga 1.37

SECTION Section 2212

Untitled Section

89.Banskata 116 Patgram Mathabanga 16.96

SECTION Section 2213

Untitled Section

90.Banskata 123 Patgram Mathabanga 24.37

SECTION Section 2214

Untitled Section

91.Banskata 124 Patgram Mathabanga 0.28

SECTION Section 2215

Untitled Section

92.Gotamari Chhit 135 Hatibandha Sitalkuchi 126.59

SECTION Section 2216

Untitled Section

93.Gotamari Chhit 136 Hatibandha Sitalkuchi 20.02

SECTION Section 2217

Untitled Section

94.Banapachai 151 Lalmonirhat Dinhata 217.29

SECTION Section 2218

Untitled Section

95.Banapachai 152 Lalmonirhat Dinhata 81.71

•Bhitarkuthi

SECTION Section 2219

Untitled Section

96.Dasiar Chhara 150 Fulbari Dinhata 1643.44

SECTION Section 222

Untitled Section

202.Annual financial statement.

SECTION Section 2220

Untitled Section

97.Dakurhat- 156 Kurigram Dinhata 14.27

•Dakinirkuthi

SECTION Section 2221

Untitled Section

98.Kalamati 141 Bhurungamari Dinhata 21.21

SECTION Section 2222

Untitled Section

99.Bhahobganj 153 Bhurungamari Dinhata 31.58

SECTION Section 2223

Untitled Section

100.Baotikursa 142 Bhurungamari Dinhata 45.63

SECTION Section 2224

Untitled Section

101.Bara Coachulka 143 Bhurungamari Dinhata 39.99

SECTION Section 2225

Untitled Section

102.Gaochulka II 147 Bhurungamari Dinhata 0.9

SECTION Section 2226

Untitled Section

103.Gaochulka I 146 Bhurungamari Dinhata 8.92

SECTION Section 2227

Untitled Section

104.Dighaltari II 145 Bhurungamari Dinhata 8.81

SECTION Section 2228

Untitled Section

105.Dighaltari I 144 Bhurungamari Dinhata 12.31

SECTION Section 2229

Untitled Section

106.Chhoto 149 Bhurungamari Dinhata 17.85

•Garaljhora II

•364 THE CONSTITUTION OF INDIA

•(Appendix I)

•1 2 3 4 5 6

SECTION Section 223

Untitled Section

203.Procedure in Legislature with respect to estimates.

SECTION Section 2230

Untitled Section

107.Chhoto 148 Bhurungamari Dinhata 35.74

•Garaljhora I

SECTION Section 2231

Untitled Section

108.1 chhit without Patgram Mathabhanga 3.5

•name & JL No.

•at the southern

•and of JL No. 38

•& southern and

•of JL No. 39

•(locally known

•as Ashokabari*)

•Enclaves with Fragmented Chhits

SECTION Section 2232

Untitled Section

109.(i) Bewladanga 34 Haldibari Boda 862.46

•(ii) Bewladanga Fragment Haldibari Debiganj

SECTION Section 2233

Untitled Section

110.(i) Kotbhajni 2 Haldibari Debiganj 2012.27

•(ii) Kotbhajni Fragment Haldibari Debiganj

•(iii) Kotbhajni Fragment Haldibari Debiganj

•(iv) Kotbhajni Fragment Haldibari Debiganj

SECTION Section 2234

Untitled Section

111.(i) Dahala Khagrabri Haldibari Debiganj 2650.35

•(ii) Dahala Fragment Haldibari Debiganj

•(iii) Dahala Fragment Haldibari Debiganj

•(iv) Dahala Fragment Haldibari Debiganj

•______________________________________________

•Corrected vide 150th (54th) India-Bangladesh Boundary Conference held at Kolkata

•from29th September to 2nd October, 2002.

•* Corrected vide 152nd (56th) India-Bangladesh Boundary Conference held at

•Kochbihar, India from 18th—20th September, 2003.

•365 THE CONSTITUTION OF INDIA

•(Appendix I)

•1 2 3 4 5 6

(v)Dahala Fragment Haldibari Debiganj

•(vi) Dahala Fragment Haldibari Debiganj

17160.63

•The above given details of enclaves have been jointly compared and

•reconciled with records held by India and Bangladesh during the Indo-

•Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as

•during joint field inspection at Jalpaiguri (West Bengal) Panchagarh (Bangladesh)

•sector during 21—24 November, 1996.

•Note: Name of enclave in Sl. No. 108 above has been identified as

•Ashokabari by joint ground verification during field season 1996-97.

Brig.J.R. Peter Md. Shafi Uddin

•Director Land Records & Survey Director-General, Land Records

•(Ex-Officio) West Bengal, India & and Surveys, Bangladesh.

•Director, Eastern Circle Survey of

•India, Calcutta.

B.EXCHANGEABLE BANGLADESH ENCLAVES IN INDIA WITH AREA

Sl.Name of Chhits Lying within Lying within J.L. Area

No.Police station Police station No. in

W.Bengal Bangladesh acres

•1 2 3 4 5 6

A.Enclaves with independent chhits

SECTION Section 2235

Untitled Section

1.Chhit Kuchlibari Mekliganj Patgram 22 370.64

SECTION Section 2236

Untitled Section

2.Chhit Land of Mekliganj Patgram 24 1.83

•Kuchlibari

SECTION Section 2237

Untitled Section

3.Balapukhari Mekliganj Patgram 21 331.64

SECTION Section 2238

Untitled Section

4.Chhit Land of Panbari Mekliganj Patgram 20 1.13

No.2

•366 THE CONSTITUTION OF INDIA

•(Appendix I)

•1 2 3 4 5 6

SECTION Section 2239

Untitled Section

5.Chhit Panbari Mekliganj Patgram 18 108.59

SECTION Section 224

Untitled Section

204.Appropriation Bills.

SECTION Section 2240

Untitled Section

6.Dhabalsati Mirgipur Mekliganj Patgram 15 173.88

SECTION Section 2241

Untitled Section

7.Bamandal Mekliganj Patgram 11 2.24

SECTION Section 2242

Untitled Section

8.Chhit Dhabalsati Mekliganj Patgram 14 66.58

SECTION Section 2243

Untitled Section

9.Dhabalsati Mekliganj Patgram 13 60.45

SECTION Section 2244

Untitled Section

10.Srirampur Mekliganj Patgram 8 1.05

SECTION Section 2245

Untitled Section

11.Jote Nijjama Mekliganj Patgram 3 87.54

SECTION Section 2246

Untitled Section

12.Chhit Land of Mathabhanga Patgram 37 69.84

•Jagatber No.3

SECTION Section 2247

Untitled Section

13.Chhit Land of Mathabhanga Patgram 35 30.66

•Jagatber No.1

SECTION Section 2248

Untitled Section

14.Chhit Land of Mathabhanga Patgram 36 27.09

•Jagatber No.2

SECTION Section 2249

Untitled Section

15.Chhit Kokoabari Mathabhanga Patgram 47 29.49

SECTION Section 225

Untitled Section

205.Supplementary, additional or excess grants.

SECTION Section 2250

Untitled Section

16.Chhit Bhandardaha Mathabhanga Patgram 67 39.96

SECTION Section 2251

Untitled Section

17.Dhabalguri Mathabhanga Patgram 52 12.5

SECTION Section 2252

Untitled Section

18.Chhit Dhabalguri Mathabhanga Patgram 53 22.31

SECTION Section 2253

Untitled Section

19.Chhit Land of Mathabhanga Patgram 70 1.33

•Dhabalguri No.3

SECTION Section 2254

Untitled Section

20.Chhit Land of Mathabhanga Patgram 71 4.55

•Dhabalguri No.4

SECTION Section 2255

Untitled Section

21.Chhit Land of Mathabhanga Patgram 72 4.12

•Dhabalguri No.5

SECTION Section 2256

Untitled Section

22.Chhit Land of Mathabhanga Patgram 68 26.83

•Dhabalguri No.1

SECTION Section 2257

Untitled Section

23.Chhit Land of Mathabhanga Patgram 69 13.95

•Dhabalguri No.2

SECTION Section 2258

Untitled Section

24.Mahishmari Sitalkuchi Patgram 54 122.77

SECTION Section 2259

Untitled Section

25.Bura Saradubi Sitalkuchi Hatibandha 13 34.96

•367 THE CONSTITUTION OF INDIA

•(Appendix I)

•1 2 3 4 5 6

SECTION Section 226

Untitled Section

206.Votes on account, votes of credit and exceptional grants.

SECTION Section 2260

Untitled Section

26.Falnapur Sitalkuchi Patgram 64 505.56

SECTION Section 2261

Untitled Section

27.Amjhol Sitalkuchi Hatibandha 57 1.25

SECTION Section 2262

Untitled Section

28.Kismat Batrigachh Dinhata Kaliganj 82 209.95

SECTION Section 2263

Untitled Section

29.Durgapur Dinhata Kaliganj 83 20.96

SECTION Section 2264

Untitled Section

30.Bansua Khamar Dinhata Lalmonirhat 1 24.54

•Gitaldaha

SECTION Section 2265

Untitled Section

31.Poaturkuthi Dinhata Lalmonirhat 37 589.94

SECTION Section 2266

Untitled Section

32.Paschim Bakalir Dinhata Bhurungamari 38 151.98

•Chhara

SECTION Section 2267

Untitled Section

33.Madhya Bakalir Dinhata Bhurungamari 39 32.72

•Chhara

SECTION Section 2268

Untitled Section

34.Purba Bakalir Dinhata Bhurungamari 40 12.23

•Chhara

SECTION Section 2269

Untitled Section

35.Madhya Masaldanga Dinhata Bhurungamari 3 136.66

SECTION Section 227

Untitled Section

207.Special provisions as to financial Bills.

•Procedure Generally

SECTION Section 2270

Untitled Section

36.Madhya Chhit Dinhata Bhurungamari 8 11.87

•Masaldanga

SECTION Section 2271

Untitled Section

37.Paschim Chhit Dinhata Bhurungamari 7 7.6

•Masaldanga

SECTION Section 2272

Untitled Section

38.Uttar Masaldanga Dinhata Bhurungamari 2 27.29

SECTION Section 2273

Untitled Section

39.Kachua Dinhata Bhurungamari 5 119.74

SECTION Section 2274

Untitled Section

40.Uttar Bansjani Tufanganj Bhurungamari 1 47.17

SECTION Section 2275

Untitled Section

41.Chhat Tilai Tufanganj Bhurungamari 17 81.56

B.Enclaves with Fragmented Chhits

SECTION Section 2276

Untitled Section

42.(i) Nalgram Sitalkuchi Patgarm 65 1397.34

•(ii) Nalgram Sitalkuchi Patgarm 65

•(Fragment)

•(iii) Nalgram Sitalkuchi Patgarm 65

•(Fragment)

•368 THE CONSTITUTION OF INDIA

•(Appendix I)

•1 2 3 4 5 6

SECTION Section 2277

Untitled Section

43.(i) Chhit Nalgram Sitalkuchi Patgarm 66 49.5

•(ii) Chhit Nalgram Sitalkuchi Patgarm 66

•(Fragment)

SECTION Section 2278

Untitled Section

44.(i) Batrigachh Dinhata Kaliganj 81 577.37

•(ii) Batrigachh Dinhata Kaliganj 81

•(Fragment)

•(iii) Batrigachh Dinhata Phulbari 9

•(Fragment)

SECTION Section 2279

Untitled Section

45.(i) Karala Dinhata Phulbari 9 269.91

•(ii) Karala (fragment) Dinhata Phulbari 9

•(iii) Karala (fragment) Dinhata Phulbari 8

SECTION Section 228

Untitled Section

208.Rules of procedure.

SECTION Section 2280

Untitled Section

46.(i) Sipprasad Mustati Dinhata Phulbari 8 373.2

•(ii) Sipprasad Mustati Dinhata Phulbari 6

•(Fragment)

SECTION Section 2281

Untitled Section

47.(i) Dakshin Dinhata Bhurungamari 6 571.38

•Masaldanga

•(ii) Dakshin Dinhata Bhurungamari 6

•Masaldanga

•(Fragment)

•(iii) Dakshin Dinhata Bhurungamari 6

•Masaldanga

•(Fragment)

•(iv) Dakshin Dinhata Bhurungamari 6

•Masaldanga

•(Fragment)

(v)Dakshin Dinhata Bhurungamari 6

•Masaldanga

•(Fragment)

•(vi) Dakshin Dinhata Bhurungamari 6

•Masaldanga

•(Fragment)

•369 THE CONSTITUTION OF INDIA

•(Appendix I)

•1 2 3 4 5 6

SECTION Section 2282

Untitled Section

48.(i) Paschim Dinhata Bhurungamari 4 29.49

•Masaldanga

•(ii) Paschim Dinhata Bhurungamari 4

•Masaldanga (Fragment)

SECTION Section 2283

Untitled Section

49.(i) Purba Chhit Dinhata Bhurungamari 10 35.01

•Masaldanga

•(ii) Purba Chhit Dinhata Bhurungamari 10

•Masaldanga (Fragment)

SECTION Section 2284

Untitled Section

50.(i) Purba Masaldanga Dinhata Bhurungamari 11 153.89

•(ii) Purba Masaldanga Dinhata Bhurungamari 11

•(Fragment)

SECTION Section 2285

Untitled Section

51.(i) Uttar Dhaldanga Tufanganj Bhurungamari 14 24.98

•(ii) Uttar Dhaldanga Tufanganj Bhurungamari 14

•(Fragment)

•(iii) Uttar Dhaldanga Tufanganj Bhurungamari 14

•(Fragment)

•Total Area 7,110.02

•The above given details of enclaves have been jointly compared and

•reconciled with records held by India and Bangladesh during the Indo-

•Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as

•during joint field inspection at Jalpaiguri (West Bengal) –Panchagarh (Bangladesh)

•sector during 21—24 November, 1996.

Brig.J.R. Peter Md. Shafi Uddin

•Director Land Records & Survey Director General, Land Records

•(Ex officio) West Bengal, India & and Surveys, Bangladesh.

•Director, Eastern Circle Survey of

•India, Calcutta.

•APPENDIX II

•1THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR)

•ORDER, 2019

C.O. 272

•In exercise of the powers conferred by clause (1) of article 370 of the

•Constitution, the President, with the concurrence of the Government of State of

•Jammu and Kashmir, is pleased to make the following Order:—

SECTION Section 2286

Untitled Section

1.(1) This Order may be called the Constitution (Application to Jammu

•and Kashmir) Order, 2019.

(2)It shall come into force at once, and shall thereupon supersede the

•Constitution (Application to Jammu and Kashmir) Order, 1954 as amended

•from time to time.

SECTION Section 2287

Untitled Section

2.All the provisions of the Constitution, as amended from time to time,

•shall apply in relation to the State of Jammu and Kashmir and the exceptions

•and modifications subject to which they shall so apply shall be as follows:–

•To article 367, there shall be added the following clause, namely:

•“(4) For the purposes of this Constitution as it applies in relation

•to the State of Jammu and Kashmir–

(a)references to this Constitution or to the

•provisions thereof shall be construed as references to the

•Constitution or the provisions thereof as applied in relation

•tothe said State;

(b)references to the person for the time being

•recognized 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, shall be

•construed as references to the Governor of Jammu and

•Kashmir;

(c)references to the Government of the said State

•shall be construed as including references to the Governor

•of Jammu and Kashmir acting on the advice of his Council

•of Ministers; and

(d)in proviso to clause (3) of article 370 of this

•Constitution, the expression “Constituent Assembly of the

•State referred to in clause (2)” shall read “Legislative

•Assembly of the State”.”

•______________________________________________

1.Published with the Ministry of Law and Justice, (Legislative Department) notification

No.G.S.R. 551 (E), dated the 5th August, 2019, Gazette of India, Extraordinary,

•Part II, Section 3, Sub-section (i).

•370

•APPENDIX III

•1DECLRATION UNDER ARTICLE 370(3) OF THE CONSTITUTION

C.O. 273

•In exercise of the powers conferred by clause (3) of article 370 read

•with clause (1) of article 370of the Constitution of India, the President,on the

•recommendation of Parliament, is pleased to declare that, as from the 6th

•August, 2019, all clauses of the said article 370 shall cease to be operative

•except the following which shall read as under, namely:—

•“370. All provisions of thisConstitution, as amended from time to

•time, without any modifications or exceptions,shall apply to the State of

•Jammu and Kashmir notwithstanding anything contrary contained in

SECTION Section 2288

Untitled Section

•article 152 or article 308 or any other article of thisConstitution or any

•other provision of the Constitution of Jammu and Kashmir or any law,

•document, judgement, ordinance, order, by-law, rule, regulation,

•notification, custom or usage having the force of law in the territory of

•India, or any other instrument, treaty or agreement as envisaged under

SECTION Section 2289

Untitled Section

•article 363 or otherwise.”.

•______________________________________________

1.Published with the Ministry of Law and Justice, (Legislative Department) notification

No.G.S.R. 562(E),dated the 6th August, 2019, Gazette of India, Extraordinary, Part II,

SECTION Section 229

Untitled Section

209.Regulation by law of procedure in the Legislature of the State in

•relation to financial business.

•(xiii) Contents

SECTION Section 2290

Untitled Section

•Section 3, Sub-section (i).

•371

SECTION Section 23

Untitled Section

20.Protection in respect of conviction for offences.

SECTION Section 231

Untitled Section

210.Language to be used in the Legislature.

SECTION Section 232

Untitled Section

211.Restriction on discussion in the Legislature.

SECTION Section 233

Untitled Section

212.Courts not to inquire into proceedings of the Legislature.

SECTION Section 234

Untitled Section

•CHAPTER IV. LEGISLATIVE POWER OF THE

•GOVERNOR

SECTION Section 235

Untitled Section

213.Power of Governor to promulgate Ordinances during recess of

Legislature.

SECTION Section 236

Untitled Section

•CHAPTER V. THE HIGH COURTS IN THE

•STATES

SECTION Section 237

Untitled Section

214.High Courts for States.

SECTION Section 238

Untitled Section

215.High Courts to be courts of record.

SECTION Section 239

Untitled Section

216.Constitution of High Courts.

SECTION Section 24

Untitled Section

21.Protection of life and personal liberty.

21A.Right to education.

SECTION Section 240

Untitled Section

217.Appointment and conditions of the office of a Judge of a High

Court.

SECTION Section 241

Untitled Section

218.Application of certain provisions relating to Supreme Court to

•High Courts.

SECTION Section 242

Untitled Section

219.Oath or affirmation by Judges of High Courts.

SECTION Section 243

Untitled Section

220.Restriction on practice after being a permanent Judge.

SECTION Section 244

Untitled Section

221.Salaries, etc., of Judges.

SECTION Section 245

Untitled Section

222.Transfer of a Judge from one High Court to another.

SECTION Section 246

Untitled Section

223.Appointment of acting Chief Justice.

SECTION Section 247

Untitled Section

224.Appointment of additional and acting Judges.

224A.Appointment of retired Judges at sittings of High Courts.

SECTION Section 248

Untitled Section

225.Jurisdiction of existing High Courts.

SECTION Section 249

Untitled Section

226.Power of High Courts to issue certain writs.

•[226A. Constitutional validity of Central laws not to be considered in

•proceedings under article 226. Omitted.]

SECTION Section 25

Untitled Section

22.Protection against arrest and detention in certain cases.

•Right against Exploitation

SECTION Section 250

Untitled Section

227.Power of superintendence over all courts by the High Court.

SECTION Section 251

Untitled Section

228.Transfer of certain cases to High Court.

•[228A. Special provisions as to disposal of questions relating to

•constitutional validity of State laws. Omitted.]

•(xiv) Contents

SECTION Section 253

Untitled Section

229.Officers and servants and the expenses of High Courts.

SECTION Section 254

Untitled Section

230.Extension of jurisdiction of High Courts to Union territories.

SECTION Section 255

Untitled Section

231.Establishment of a common High Court for two or more States.

•[232. Articles 230, 231 and 232 substituted by articles 230 and 231].

SECTION Section 256

Untitled Section

•CHAPTER VI. SUBORDINATE COURTS

SECTION Section 257

Untitled Section

233.Appointment of district judges.

233A.Validation of appointments of, and judgments, etc., delivered by,

•certain district judges.

SECTION Section 258

Untitled Section

234.Recruitment of persons other than district judges to the judicial

service.

SECTION Section 259

Untitled Section

235.Control over subordinate courts.

SECTION Section 26

Untitled Section

23.Prohibition of traffic in human beings and forced labour.

SECTION Section 260

Untitled Section

236.Interpretation.

SECTION Section 261

Untitled Section

237.Application of the provisions of this Chapter to certain class or

•classes of magistrates.

•[PART VII.—Omitted]

•THE STATES IN PART B OF THE FIRSTSCHEDULE

•[238. Omitted.]

•PART VIII

•THE UNION TERRITORIES

SECTION Section 262

Untitled Section

239.Administration of Union territories.

239A.Creation of local Legislatures or Council of Ministers or both for

•certain Union territories.

239AA.Special provisions with respect to Delhi.

239AB.Provision in case of failure of constitutional machinery.

239B.Power of administrator to promulgate Ordinances during recess

•of Legislature.

SECTION Section 263

Untitled Section

240.Power of President to make regulations for certain Union

territories.

SECTION Section 264

Untitled Section

241.High Courts for Union territories.

•[242. Coorg. Omitted.]

•PARTIX

•THE PANCHAYATS

SECTION Section 265

Untitled Section

243.Definitions.

•(xv) Contents

SECTION Section 266

Untitled Section

•ARTICLES

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 Panchayats.

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.

•PARTIXA

•THE 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.

243Y.Finance Commission.

•(xvi) Contents

SECTION Section 267

Untitled Section

•ARTICLES

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 IXB

•THE CO-OPERATIVE SOCIETIES

243ZH.Definitions.

•243Z-I. Incorporation of co-operative societies.

243ZJ.Number and term of members of board and its office bearers.

243ZK.Election of members of board.

243ZL.Supersession and suspension of board and interim management.

243ZM.Audit of accounts of co-operative societies.

243ZN.Convening of general body meetings.

•243Z-O. Right of a member to get information.

243ZP.Returns.

243ZQ.Offences and penalties.

243ZR.Application to multi-State co-operative societies.

243ZS.Application to Union territories.

243ZT.Continuance of existing laws.

•PART X

•THE SCHEDULED AND TRIBAL AREAS

SECTION Section 268

Untitled Section

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.

•(xvii) Contents

SECTION Section 269

Untitled Section

•ARTICLES

•PART XI

•RELATIONS BETWEEN THE UNION AND THE

•STATES

SECTION Section 27

Untitled Section

24.Prohibition of employment of children in factories, etc.

•Right to Freedom of Religion

SECTION Section 270

Untitled Section

•CHAPTER I. LEGISLATIVE RELATIONS

•Distribution of Legislative Powers

SECTION Section 271

Untitled Section

245.Extent of laws made by Parliament and by the Legislatures of

States.

SECTION Section 272

Untitled Section

246.Subject-matter of laws made by Parliament and by the

•Legislatures of States.

246A.Special provision with respect to goods and services tax.

SECTION Section 273

Untitled Section

247.Power of Parliament to provide for the establishment of certain

•additional courts.

SECTION Section 274

Untitled Section

248.Residuary powers of legislation.

SECTION Section 275

Untitled Section

249.Power of Parliament to legislate with respect to a matter in the

•State List in the national interest.

SECTION Section 276

Untitled Section

250.Power of Parliament to legislate with respect to any matter in the

•State List if a Proclamation of Emergency is in operation.

SECTION Section 277

Untitled Section

251.Inconsistency between laws made by Parliament under articles

•249 and 250 and laws made by the Legislatures of States.

SECTION Section 278

Untitled Section

252.Power of Parliament to legislate for two or more States by

•consent and adoption of such legislation by any other State.

SECTION Section 279

Untitled Section

253.Legislation for giving effect to international agreements.

SECTION Section 28

Untitled Section

25.Freedom of conscience and free profession, practice and

•propagation of religion.

SECTION Section 280

Untitled Section

254.Inconsistency between laws made by Parliament and laws made

•by the Legislatures of States.

SECTION Section 281

Untitled Section

255.Requirements as to recommendations and previous sanctions to

•be regarded as matters of procedure only.

SECTION Section 282

Untitled Section

•CHAPTER II. ADMINISTRATIVE RELATIONS

•General

SECTION Section 283

Untitled Section

256.Obligation of States and the Union.

SECTION Section 284

Untitled Section

257.Control of the Union over States in certain cases.

•[257A. Assistance to States by deployment of armed forces or other

•forces of the Union. Omitted.]

SECTION Section 285

Untitled Section

258.Power of the Union to confer powers, etc., on States in certain

cases.

•(xviii) Contents

SECTION Section 286

Untitled Section

•ARTICLES

258A.Power of the States to entrust functions to the Union.

•[259. Armed Forces in States in Part B of the FirstSchedule.

Omitted.]

SECTION Section 287

Untitled Section

260.Jurisdiction of the Union in relation to territories outside India.

SECTION Section 288

Untitled Section

261.Public acts, records and judicial proceedings.

•Disputes relating to Waters

SECTION Section 289

Untitled Section

262.Adjudication of disputes relating to waters of inter-State rivers

•or river valleys.

•Co-ordination between States

SECTION Section 29

Untitled Section

26.Freedom to manage religious affairs.

SECTION Section 290

Untitled Section

263.Provisions with respect to an inter-State Council.

•PART XII

•FINANCE, PROPERTY, CONTRACTS AND SUITS

SECTION Section 291

Untitled Section

•CHAPTER I. FINANCE

•General

SECTION Section 292

Untitled Section

264.Interpretation.

SECTION Section 293

Untitled Section

265.Taxes not to be imposed save by authority of law.

SECTION Section 294

Untitled Section

266.Consolidated Funds and public accounts of India and of the

States.

SECTION Section 295

Untitled Section

267.Contingency Fund.

•Distribution of Revenues between the Union and the States

SECTION Section 296

Untitled Section

268.Duties levied by the Union but collected and appropriated by the

States.

•[268A. Service tax levied by Union and collected by the Union and the

States.Omitted.]

SECTION Section 297

Untitled Section

269.Taxes levied and collected by the Union but assigned to the

States.

269A.Levy and collection of goods and services tax in course of inter-

•State trade or commerce.

SECTION Section 298

Untitled Section

270.Taxes levied and distributed between the Union and the States.

SECTION Section 299

Untitled Section

271.Surcharge on certain duties and taxes for purposes of the Union.

•[272. Taxes which are levied and collected by the Union and may be

•distributed between the Union and the States. Omitted.]

SECTION Section 3

Untitled Section

1.Name and territory of the Union.

SECTION Section 30

Untitled Section

27.Freedom as to payment of taxes for promotion of any particular

religion.

SECTION Section 300

Untitled Section

273.Grants in lieu of export duty on jute and jute products.

SECTION Section 301

Untitled Section

274.Prior recommendation of President required to Bills affecting

•taxation in which States are interested.

•(xix) Contents

SECTION Section 303

Untitled Section

275.Grants from the Union to certain States.

SECTION Section 304

Untitled Section

276.Taxes on professions, trades, callings and employments.

SECTION Section 305

Untitled Section

277.Savings.

•[278. Agreement with States in Part B of the First Schedule with

•regard to certain financial matters. Omitted.]

SECTION Section 306

Untitled Section

279.Calculation of “net proceeds”, etc.

279A.Goods and Services Tax Council.

SECTION Section 307

Untitled Section

280.Finance Commission.

SECTION Section 308

Untitled Section

281.Recommendations of the Finance Commission.

•Miscellaneous Financial Provisions

SECTION Section 309

Untitled Section

282.Expenditure defrayable by the Union or a State out of its

revenues.

SECTION Section 31

Untitled Section

28.Freedom as to attendance at religious instruction or religious

•worship in certain educational institutions.

•(iii) Contents

SECTION Section 310

Untitled Section

283.Custody, etc., of Consolidated Funds, Contingency Funds and

•moneys credited to the public accounts.

SECTION Section 311

Untitled Section

284.Custody of suitors’ deposits and other moneys received by

•public servants and courts.

SECTION Section 312

Untitled Section

285.Exemption of property of the Union from State taxation.

SECTION Section 313

Untitled Section

286.Restrictions as to imposition of tax on the sale or purchase of

goods.

SECTION Section 314

Untitled Section

287.Exemption from taxes on electricity.

SECTION Section 315

Untitled Section

288.Exemption from taxation by States in respect of water or

•electricity in certain cases.

SECTION Section 316

Untitled Section

289.Exemption of property and income of a State from Union

taxation.

SECTION Section 317

Untitled Section

290.Adjustment in respect of certain expenses and pensions.

290A.Annual payment to certain Devaswom Funds.

•[291. Privy purse sums of Rulers. Omitted.]

SECTION Section 318

Untitled Section

•CHAPTER II. BORROWING

SECTION Section 319

Untitled Section

292.Borrowing by the Government of India.

SECTION Section 32

Untitled Section

•ARTICLES

•Cultural and Educational Rights

SECTION Section 320

Untitled Section

293.Borrowing by States.

•(xx) Contents

SECTION Section 322

Untitled Section

•CHAPTER III. PROPERTY, CONTRACTS, RIGHTS,LIABILITIES,

•OBLIGATIONS AND SUITS

SECTION Section 323

Untitled Section

294.Succession to property, assets, rights, liabilities and obligations

•in certain cases.

SECTION Section 324

Untitled Section

295.Succession to property, assets, rights, liabilities and obligations

•in other cases.

SECTION Section 325

Untitled Section

296.Property accruing by escheat or lapseor asbona vacantia.

SECTION Section 326

Untitled Section

297.Things of value within territorial waters or continental shelf and

•resources of the exclusive economic zone to vest in the Union.

SECTION Section 327

Untitled Section

298.Power to carry on trade, etc.

SECTION Section 328

Untitled Section

299.Contracts.

SECTION Section 329

Untitled Section

300.Suits and proceedings.

SECTION Section 33

Untitled Section

29.Protection of interests of minorities.

SECTION Section 330

Untitled Section

•CHAPTER IV. RIGHT TO PROPERTY

300A.Persons not to be deprived of property save by authority of law.

•PART XIII

•TRADE, COMMERCE AND INTERCOURSE

•WITHINTHE TERRITORY OF INDIA

SECTION Section 331

Untitled Section

301.Freedom of trade, commerce and intercourse.

SECTION Section 332

Untitled Section

302.Power of Parliament to impose restrictions on trade, commerce

•and intercourse.

SECTION Section 333

Untitled Section

303.Restrictions on the legislative powers of the Union and of the

•States with regard to trade and commerce.

SECTION Section 334

Untitled Section

304.Restrictions on trade, commerce and intercourse among States.

SECTION Section 335

Untitled Section

305.Saving of existing laws and laws providing for State monopolies.

•[306. Power of certain States in Part B of the First Schedule to

•impose restrictions on trade and commerce. Omitted]

SECTION Section 336

Untitled Section

307.Appointment of authority for carrying out the purposes of

SECTION Section 337

Untitled Section

•articles 301 to 304.

•PART XIV

•SERVICES UNDER THE UNION AND THE STATES

SECTION Section 338

Untitled Section

•CHAPTER I. SERVICES

SECTION Section 339

Untitled Section

308.Interpretation.

•(xxi) Contents

SECTION Section 34

Untitled Section

30.Right of minorities to establish and administer educational

institutions.

•[31. Compulsory acquisition of property—Omitted.]

•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. Saving of laws in respect of anti-national activities.—Omitted.]

•Right to Constitutional Remedies

SECTION Section 341

Untitled Section

309.Recruitment and conditions of service of persons serving the

•Union or a State.

SECTION Section 342

Untitled Section

310.Tenure of office of persons serving the Union or a State.

SECTION Section 343

Untitled Section

311.Dismissal, removal or reduction in rank of persons employed in

•civil capacities under the Union or a State.

SECTION Section 344

Untitled Section

312.All-India services.

312A.Power of Parliament to vary or revoke conditions of service of

•officers of certain services.

SECTION Section 345

Untitled Section

313.Transitional provisions.

•[314. Provision for protection of existing officers of certain services.

Omitted.]

SECTION Section 346

Untitled Section

•CHAPTER II.—PUBLIC SERVICE COMMISSIONS

SECTION Section 347

Untitled Section

315.Public Service Commissions for the Union and for the States.

SECTION Section 348

Untitled Section

316.Appointment and term of office of members.

SECTION Section 349

Untitled Section

317.Removal and suspension of a member of a Public Service

Commission.

SECTION Section 35

Untitled Section

32.Remedies for enforcement of rights conferred by this Part.

•[32A. Constitutional validity of State laws not to be considered in

•proceedings under article 32.—Omitted.]

SECTION Section 350

Untitled Section

318.Power to make regulations as to conditions of service of

•members and staff of the Commission.

SECTION Section 351

Untitled Section

319.Prohibition as to the holding of offices by members of

•Commission on ceasing to be such members.

SECTION Section 352

Untitled Section

320.Functions of Public Service Commissions.

SECTION Section 353

Untitled Section

321.Power to extend functions of Public Service Commissions.

SECTION Section 354

Untitled Section

322.Expenses of Public Service Commissions.

SECTION Section 355

Untitled Section

323.Reports of Public Service Commissions.

•PART XIVA

•TRIBUNALS

323A.Administrative tribunals.

323B.Tribunals for other matters.

•(xxii) Contents

SECTION Section 356

Untitled Section

•ARTICLES

•PART XV

•ELECTIONS

SECTION Section 357

Untitled Section

324.Superintendence, direction and control of elections to be vested

•in an Election Commission.

SECTION Section 358

Untitled Section

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.

SECTION Section 359

Untitled Section

326.Elections to the House of the People and to the Legislative

•Assemblies of States to be on the basis of adult suffrage.

SECTION Section 36

Untitled Section

33.Power of Parliament to modify the rights conferred by this Part

•in their application to Forces, etc.

SECTION Section 360

Untitled Section

327.Power of Parliament to make provision with respect to elections

•to Legislatures.

SECTION Section 361

Untitled Section

328.Power of Legislature of a State to make provision with respect to

•elections to such Legislature.

SECTION Section 362

Untitled Section

329.Bar to interference by courts in electoral matters.

•[329A. Special provision as to elections to Parliament in the case of

•Prime Minister and Speaker. Omitted.]

•PART XVI

•SPECIAL PROVISIONS RELATING TO CERTAIN

•CLASSES

SECTION Section 363

Untitled Section

330.Reservation of seats for Scheduled Castes and Scheduled Tribes

•in the House of the People.

330A.Reservation of seats for women in the House of the People.

SECTION Section 364

Untitled Section

331.Representation of the Anglo-Indian community in the House of

•the People.

SECTION Section 365

Untitled Section

332.Reservation of seats for Scheduled Castes and Scheduled Tribes

•in the Legislative Assemblies of the States.

332A.Reservation of seats for women in the Legislative Assemblies of

•the States.

SECTION Section 366

Untitled Section

333.Representation of the Anglo-Indian community in the

•Legislative Assemblies of the States.

SECTION Section 367

Untitled Section

334.Reservation of seats and special representation to cease after

•certain period.

334A.Reservation of seats for women take effect.

SECTION Section 368

Untitled Section

335.Claims of Scheduled Castes and Scheduled Tribes to services

•and posts.

•(xxiii) Contents

SECTION Section 37

Untitled Section

34.Restriction on rights conferred by this Part while martial law is

•in force in any area.

SECTION Section 370

Untitled Section

336.Special provision for Anglo-Indian community in certain

services.

SECTION Section 371

Untitled Section

337.Special provision with respect to educational grants for the

•benefit of Anglo-Indian Community.

SECTION Section 372

Untitled Section

338.National Commission for Scheduled Castes.

338A.National Commission for Scheduled Tribes.

338B.National Commission for Backward Classes.

SECTION Section 373

Untitled Section

339.Control of the Union over the administration of Scheduled Areas

•and the welfare of Scheduled Tribes.

SECTION Section 374

Untitled Section

340.Appointment of a Commission to investigate the conditions of

•backward classes.

SECTION Section 375

Untitled Section

341.Scheduled Castes.

SECTION Section 376

Untitled Section

342.Scheduled Tribes.

342A.Sociallyand educationally backward classes.

•PART XVII

•OFFICIAL LANGUAGE

SECTION Section 377

Untitled Section

•CHAPTER I.—LANGUAGE OF THE UNION

SECTION Section 378

Untitled Section

343.Official language of the Union.

SECTION Section 379

Untitled Section

344.Commission and Committee of Parliament on official language.

SECTION Section 38

Untitled Section

35.Legislation to give effect to the provisions of this Part.

•PART IV

•DIRECTIVE PRINCIPLES OF STATE POLICY

SECTION Section 380

Untitled Section

•CHAPTER II. REGIONAL LANGUAGES

SECTION Section 381

Untitled Section

345.Official language or languages of a State.

SECTION Section 382

Untitled Section

346.Official language for communication between one State and

•another or between a State and the Union.

SECTION Section 383

Untitled Section

347.Special provision relating to language spoken by a section of the

•population of a State.

SECTION Section 384

Untitled Section

•CHAPTER III. LANGUAGE OF THE SUPREME COURT,

•HIGH COURTS,ETC.

SECTION Section 385

Untitled Section

348.Language to be used in the Supreme Court and in the High

•Courts and for Acts, Bills, etc.

SECTION Section 386

Untitled Section

349.Special procedure for enactment of certain laws relating to

language.

•(xxiv) Contents

SECTION Section 388

Untitled Section

•CHAPTER IV. SPECIAL DIRECTIVES

SECTION Section 389

Untitled Section

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.

SECTION Section 39

Untitled Section

36.Definition.

SECTION Section 390

Untitled Section

351.Directive for development of the Hindi language.

•PART XVIII

•EMERGENCY PROVISIONS

SECTION Section 391

Untitled Section

352.Proclamation of Emergency.

SECTION Section 392

Untitled Section

353.Effect of Proclamation of Emergency.

SECTION Section 393

Untitled Section

354.Application of provisions relating to distribution of revenues

•while a Proclamation of Emergency is in operation.

SECTION Section 394

Untitled Section

355.Duty of the Union to protect States against external aggression

•and internal disturbance.

SECTION Section 395

Untitled Section

356.Provisions in case of failure of constitutional machinery in

States.

SECTION Section 396

Untitled Section

357.Exercise of legislative powers under Proclamation issued under

SECTION Section 397

Untitled Section

•article 356.

SECTION Section 398

Untitled Section

358.Suspension of provisions of article 19 during emergencies.

SECTION Section 399

Untitled Section

359.Suspension of the enforcement of the rights conferred by Part III

•during emergencies.

•[359A. Application of this Part to the State of Punjab. Omitted.]

SECTION Section 4

Untitled Section

2.Admission or establishment of new States.

•[2A. Sikkim to be associated with the Union.—Omitted.]

SECTION Section 40

Untitled Section

37.Application of the principles contained in this Part.

SECTION Section 400

Untitled Section

360.Provisions as to financial emergency.

•PART XIX

•MISCELLANEOUS

SECTION Section 401

Untitled Section

361.Protection of President and Governors and Rajpramukhs.

361A.Protection of publication of proceedings of Parliament and State

Legislatures.

361B.Disqualification for appointment on remunerative political post.

•[362. Rights and privileges of Rulers of Indian States. Omitted.]

SECTION Section 402

Untitled Section

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.

•(xxv) Contents

SECTION Section 404

Untitled Section

364.Special provisions as to major ports and aerodromes.

SECTION Section 405

Untitled Section

365.Effect of failure to comply with, or to give effect to, directions

•given by the Union.

SECTION Section 406

Untitled Section

366.Definitions.

SECTION Section 407

Untitled Section

367.Interpretation.

•PART XX

•AMENDMENT OF THE CONSTITUTION

SECTION Section 408

Untitled Section

368.Power of Parliament to amend the Constitution and procedure

therefor.

•PART XXI

•TEMPORARY, TRANSITIONAL AND

•SPECIAL PROVISIONS

SECTION Section 409

Untitled Section

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.

SECTION Section 41

Untitled Section

38.State to secure a social order for the promotion of welfare of the

people.

SECTION Section 410

Untitled Section

370.Temporary provisions with respect to the State of Jammu and

Kashmir.

SECTION Section 411

Untitled Section

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 or

•the State of Telangana.

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.

371J.Special provisions with respect to the State of Karnataka.

SECTION Section 412

Untitled Section

372.Continuance in force of existing laws and their adaptation.

372A.Power of the President to adapt laws.

•(xxvi) Contents

SECTION Section 414

Untitled Section

373.Power of President to make order in respect of persons under

•preventive detention in certain cases.

SECTION Section 415

Untitled Section

374.Provisions as to Judges of the Federal Court and proceedings

•pending in the Federal Court or before His Majesty in Council.

SECTION Section 416

Untitled Section

375.Courts, authorities and officers to continue to function subject to

•the provisions of the Constitution.

SECTION Section 417

Untitled Section

376.Provisions as to Judges of High Courts.

SECTION Section 418

Untitled Section

377.Provisions as to Comptroller and Auditor-General of India.

SECTION Section 419

Untitled Section

378.Provisions as to Public Service Commissions.

378A.Special provision as to duration of Andhra Pradesh Legislative

Assembly.

•[379. Provisions as to provisional Parliament and the Speaker and

•Deputy Speaker thereof. Omitted.]

•[380. Provision as to President. Omitted.]

•[381. Council of Ministers of the President. Omitted.]

•[382. Provisions as to provisional Legislatures for States in Part A of

•the First Schedule. Omitted.]

•[383. Provision as to Governors of Provinces. Omitted.]

•[384. Council of Ministers of the Governors. Omitted.]

•[385. Provision as to provisional LegislaturesinStates in Part Bof the

•First Schedule. Omitted.]

•[386. Council of Ministers for States in Part B of the First Schedule.

Omitted.]

•[387. Special provision as to determination of population for the

•purposes of certain elections. Omitted.]

•[388. Provisionsas tothe filling of casual vacancies in the provisional

•Parliament and provisional Legislatures of the

States.Omitted.]

•[389. Provision as to Bills pending in the Dominion Legislatures and

•in the Legislatures of Provinces and Indian States. Omitted.]

•(xxvii) Contents

SECTION Section 42

Untitled Section

39.Certain principles of policy to be followed by the State.

39A.Equal justice and free legal aid.

•(iv) Contents

SECTION Section 420

Untitled Section

•ARTICLES

•[390. Money received or raised or expenditure incurred between the

•commencement of the Constitution and the 31st day of March,

SECTION Section 421

Untitled Section

1950.Omitted.]

•[391. Power of the President to amend the First and Fourth Schedules

•in certain contingencies. Omitted.]

SECTION Section 422

Untitled Section

392.Power of the President to remove difficulties.

•PART XXII

•SHORT TITLE, COMMENCEMENT,

•AUTHORITATIVE TEXT

•IN HINDI AND REPEALS

SECTION Section 423

Untitled Section

393.Short title.

SECTION Section 424

Untitled Section

394.Commencement.

394A.Authoritative text in the Hindi language.

SECTION Section 425

Untitled Section

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—[Omitted.]

•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.

•(xxviii) Contents

SECTION Section 426

Untitled Section

•ARTICLES

•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.

•APPENDICES

•APPENDIX I.—The Constitution (One Hundredth Amendment) Act, 2015.

•APPENDIX II.—The Constitution (Application to Jammu and Kashmir)

•Order, 2019.

•APPENDIX III.—Declaration under article 370(3) oftheConstitution.

•THE CONSTITUTION OF INDIA

•PREAMBLE

•WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute

•India into a 1[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;

•EQUALITYof status and of opportunity;

•and to promote among them all

•FRATERNITY assuring the dignity of the individual and the 2[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.

•______________________________________________

SECTION Section 427

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act,1976, s.2, for "SOVEREIGN

•DEMOCRATIC REPUBLIC" (w.e.f. 3-1-1977).

SECTION Section 428

Untitled Section

2.Subs. by s. 2, ibid., for "Unity of the Nation" (w.e.f. 3-1-1977).

•PART I

•THE UNION AND ITS TERRITORY

SECTION Section 429

Untitled Section

1.Name and territory of the Union.—(1) India, that is Bharat,

•shall be a Union of States.

•1[(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;

•2[(b) the Union territories specified in the First Schedule;

•and]

(c)such other territories as may be acquired.

SECTION Section 430

Untitled Section

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.

•3[2A. [Sikkim to be associated with the Union.]—Omitted by the

•Constitution (Thirty-sixth Amendment)Act,1975, s. 5 (w.e.f.26-4-1975).]

SECTION Section 431

Untitled Section

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:

•______________________________________________

SECTION Section 432

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2)

•(w.e.f. 1-11-1956).

SECTION Section 433

Untitled Section

2.Subs. bys. 2ibid.for sub-clause (b)(w.e.f. 1-11-1956).

SECTION Section 434

Untitled Section

3.Ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 2 (w.e.f. 1-3-1975).

•2

•3 THE CONSTITUTION OF INDIA

•(PartI.—Union and its territory)

•1[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 States12***, 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.]

•3[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

SECTION Section 435

Untitled Section

•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.]

SECTION Section 436

Untitled Section

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.

•______________________________________________

SECTION Section 437

Untitled Section

1.Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso

•(w.e.f. 24-12-1955).

SECTION Section 438

Untitled Section

2.The words and letters "specified in Part A or Part B of the First Schedule" omitted by the

•Constitution (Seventh Amendment) Act, 1956,s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 439

Untitled Section

3.Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2 (w.e.f. 27-8-1966).

•PART II

•CITIZENSHIP

SECTION Section 44

Untitled Section

40.Organisation of village panchayats.

SECTION Section 440

Untitled Section

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.

SECTION Section 441

Untitled Section

6.Rights of citizenship of certain persons who have migrated to

•India from Pakistan.—Notwithstanding anything in article 5, a person who

•has migrated to the territory of India from the territory now included in

•Pakistan shall be deemed to be a citizen of India at the commencement of this

•Constitution if—

(a)he or either of his parents or any of his grand-parents was born

•in India as defined in the Government of India Act, 1935 (as originally

•enacted); and

(b)(i) in the case where such person has so migrated before the

•nineteenth day of July, 1948, he has been ordinarily resident in the

•territory of India since the date of his migration, or

•(ii)in the case where such person has so migrated on or after the

•nineteenth day of July, 1948, he has been registered as a citizen of India

•by an officer appointed in that behalf by the Government of the

•Dominion of India on an application made by him therefor to such

•officer before the commencement of this Constitution in the form and

•manner prescribed by that Government:

•Provided that no person shall be so registered unless he has been resident

•in the territory of India for at least six months immediately preceding the date

•of his application.

SECTION Section 442

Untitled Section

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:

•4

•5 THE CONSTITUTION OF INDIA

•(Part II.—Citizenship)

•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.

SECTION Section 443

Untitled Section

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 grand-parents was born in India as

•defined in the Government of India Act, 1935 (as originally enacted), and who

•is ordinarily residing in any country outside India as so defined shallbe deemed

•to be a citizen of India if he has been registered as a citizen of India by the

•diplomatic or consular representative of India in the country where he is for the

•time being residing on an application made by him therefor to such diplomatic

•or consular representative, whether before or after the commencement of this

•Constitution, in the form and manner prescribed by the Government of the

•Dominion of India or the Government of India.

SECTION Section 444

Untitled Section

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.

SECTION Section 445

Untitled Section

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.

SECTION Section 446

Untitled Section

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

SECTION Section 447

Untitled Section

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.

SECTION Section 448

Untitled Section

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.

•1[(4) Nothing in this article shall apply to any amendment of this

•Constitution made under article 368.]

•Right to Equality

SECTION Section 449

Untitled Section

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.

SECTION Section 45

Untitled Section

41.Right to work, to education and to public assistance in certain

cases.

SECTION Section 450

Untitled Section

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—

•______________________________________________

SECTION Section 451

Untitled Section

1.Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2 (w.e.f. 5-11-1971).

•6

•7 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

(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.

•1[(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.]

•2[(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19

•shall prevent the State from making any special provision, by law, for the

•advancement of any socially and educationally backward classes of citizens or

•for the Scheduled Castes or the Scheduled Tribes in so far as such special

•provisions relate to their admission to educational institutions including private

•educational institutions, whether aided or unaided by the State, other than the

•minority educational institutions referred to in clause (1) of article 30.]

•3[(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or

SECTION Section 452

Untitled Section

•clause (2) of article 29 shall prevent the State from making,—

(a)any special provision for the advancement of any

•economically weaker sections of citizens other than the classes

•mentioned in clauses (4) and (5); and

(b)any special provision for the advancement of any

•economically weaker sections of citizens other than the classes

•mentioned in clauses (4) and (5) in so far as such special provisions

•relate to their admission to educational institutions including private

•educational institutions, whether aided or unaided by the State, other

•than the minority educational institutions referred to in clause (1) of

SECTION Section 453

Untitled Section

•article 30, which in the case of reservation would be in addition to the

•existing reservations and subject to a maximum of ten per cent. of the

•totalseats in each category.

•______________________________________________

SECTION Section 454

Untitled Section

1.Addedby the Constitution (First Amendment) Act, 1951, s. 2 (w.e.f. 18-6-1951).

SECTION Section 455

Untitled Section

2.Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f. 20-1-2006).

SECTION Section 456

Untitled Section

3.Ins. by the Constitution (One Hundred and Third Amendment) Act, 2019, s. 2

•(w.e.f. 14-1-2019).

•8 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

Explanation.—For the purposes of this article and article 16,

•"economically weaker sections" shall be such as may be notified by the State

•from time to time on the basis of family income and other indicators of

•economic disadvantage.]

SECTION Section 457

Untitled Section

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 1[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.

•2[(4A) Nothing in this article shall prevent the State from making any

•provision for reservation 3[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.]

•4[(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

SECTION Section 458

Untitled Section

•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.]

•______________________________________________

SECTION Section 459

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956,s. 29 and Sch., for "under

•any State specified in the First Schedule or any local or other authority within its

•territory, anyrequirement as to residence within that State" (w.e.f. 1-11-1956).

SECTION Section 46

Untitled Section

42.Provision for just and humane conditions of work and maternity

relief.

SECTION Section 460

Untitled Section

2.Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2 (w.e.f. 17-6-1995).

3.Subs. by the Constitution (Eighty-fifthAmendment) Act, 2001,s. 2, for certain words

•(retrospectively) (w.e.f. 17-6-1995).

4.Ins. by the Constitution (Eighty-firstAmendment) Act, 2000,s. 2(w.e.f. 9-6-2000).

•9 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

(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.

•1[(6) Nothing in this article shall prevent the State from making any

•provision for the reservation of appointments or posts in favour of any

•economically weaker sections of citizens other than the classes mentioned in

SECTION Section 461

Untitled Section

•clause (4), in addition to the existing reservation and subject to a maximum of

•ten per cent. of the posts in each category.]

SECTION Section 462

Untitled Section

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.

SECTION Section 463

Untitled Section

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

SECTION Section 464

Untitled Section

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 unions2[or co-operative societies];

(d)to move freely throughout the territory of India;

•______________________________________________

SECTION Section 465

Untitled Section

1.Ins. by the Constitution (One Hundred and Third Amendment) Act, 2019, s. 3

•(w.e.f. 14-1-2019).

SECTION Section 466

Untitled Section

2.Ins.by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 2 (w.e.f. 8-2-2012).

•10 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

(e)to reside and settle in any part of the territory of India; 1[and]

•2[(f)* * * * *]

(g)to practise any profession, or to carry on any occupation, trade or

business.

•3[(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 4[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 4[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 4[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 5[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.

•______________________________________________

1.Ins.by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979).

2.Sub-clause (f)omittedbys.2,ibid.(w.e.f. 20-6-1979).

SECTION Section 467

Untitled Section

3.Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for cl. (2) (with retrospective

•effect).

4.Ins.by the Constitution (Sixteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).

SECTION Section 468

Untitled Section

5.Subs.by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2, for"sub-clauses

(d), (e) and (f)"(w.e.f. 20-6-1979).

•11 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

(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,

•1[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.]

SECTION Section 469

Untitled Section

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.

SECTION Section 47

Untitled Section

43.Living wage, etc., for workers.

43A.Participation of workers in management of Industries.

43B.Promotion of co-operative societies.

SECTION Section 470

Untitled Section

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.

•2[21A. Right to education.—The State shall provide free and

•compulsory education to all children of the age of six to fourteen years in such

•manner as the State may, by law, determine.]

SECTION Section 471

Untitled Section

22.Protection against arrest and detention in certain cases.—(1) No

•person who is arrested shall be detained in custody without being informed, as

•soon as may be, of the grounds for such arrest nor shall he be denied the right

•to consult, and to be defended by, a legal practitioner of his choice.

•______________________________________________

SECTION Section 472

Untitled Section

1.Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words

•(w.e.f. 18-6-1951).

•2 Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 2 (w.e.f. 1-4-2010).

•12 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

(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:

•______________________________________________

Cl.(4) shall stand substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (date

•yet to be notified) as—

•"(4) No law providing for preventive detention shall authorise the detention of a person for

•a longer period than two months unless an Advisory Board constituted in accordance with the

•recommendations of the Chief Justice of the appropriate High Court has reported before the

•expiration of the said period of two months that there is in its opinion sufficient cause for such

•detention:

•Provided that an Advisory Board shall consist of a Chairman and not less than two other

•members, and the Chairman shall be a serving Judge of the appropriate High Court and the other

•members shall be serving or retired Judges of any High Court:

•Provided further that nothing in this clause shallauthorise the detention of any person

•beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of

SECTION Section 473

Untitled Section

•clause (7).

Explanation.—In this clause,"appropriate High Court" means,—

(i)in the case of the detention of a person in pursuance of an order of detention

•made by the Government of India or an officer or authority subordinate to that

•Government, the High Court for the Union territory of Dehli;

•(ii)in the case of the detention of a person in pursuance of an order of detention

•made by the Government of any State (other than a Union territory), the High Court for

•that State; and

•(iii) in the case of the detention of a person in pursuance of an order of detention

•made bytheadministrator of a Union territory or an officer or authority subordinate to such

•administrator, such High Court as may be specified by or under any law made by

•Parliament in this behalf.".

•13 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

•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

(c)the procedure to be followed by an Advisory Board in an

•inquiry under sub-clause (a) of clause (4).

•______________________________________________

•Sub-clause (a) shall stand omitted by theConstitution (Forty-fourth Amendment) Act,

•1978, s. 3(b)(i)(date to be notified).

•Sub-clause (b) shall stand re-lettered as sub-clause (a) by s. 3(b)(ii), ibid.(date to be

•notified).

•Sub-clause (c) shall stand re-lettered as sub-clause (b) by s. 3(b)(iii),ibid.(date to be

•notified).

•Sub-clause (a) of clause (4)shall stand substituted as "clause (4)" by s. 3(b)(iii),

ibid.(date to be notified).

•14 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

•Right against Exploitation

SECTION Section 474

Untitled Section

23.Prohibition of traffic in human beings and forced labour.—(1)

•Traffic in human beings and begarand 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.

SECTION Section 475

Untitled Section

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

SECTION Section 476

Untitled Section

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, practiceand 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 kirpansshall 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.

SECTION Section 477

Untitled Section

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;

•15 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

(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.

SECTION Section 478

Untitled Section

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.

SECTION Section 479

Untitled Section

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

SECTION Section 48

Untitled Section

44.Uniform civil code for the citizens.

SECTION Section 480

Untitled Section

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.

SECTION Section 481

Untitled Section

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.

•16 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

•1[(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.

•2* * * *

SECTION Section 482

Untitled Section

31.[Compulsory acquisition of property.].—Omittedby the Constitution

•(Forty-fourth Amendment)Act, 1978, s. 6 (w.e.f.20-6-1979).

•3[Saving of Certain Laws]

•4[31A. Saving of laws providing for acquisition of estates, etc.—

•5[(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

•______________________________________________

SECTION Section 483

Untitled Section

1.Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4(w.e.f. 20-6-1979).

2.Sub-heading "Right to Property" omitted by s. 5,ibid.(w.e.f. 20-6-1979).

SECTION Section 484

Untitled Section

3.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977).

SECTION Section 485

Untitled Section

4.Ins. by the Constitution (FirstAmendment) Act, 1951, s. 4, (with retrospective effect).

SECTION Section 486

Untitled Section

5.Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl. (1) (with

•retrospective effect).

•17 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

(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 1[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:]

•2[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 lessthan the market value thereof.]

(2)In this article,—

•3[(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)anyjagir, inam or muafi or other similar grant and in the States

•of 4[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;]

•______________________________________________

SECTION Section 487

Untitled Section

1.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for "article 14,

SECTION Section 488

Untitled Section

•article 19 or article 31" (w.e.f. 20-6-1979).

SECTION Section 489

Untitled Section

2.Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 2(i)(w.e.f. 20-6-1964).

SECTION Section 49

Untitled Section

45.Provision for early childhood care and education to children

•below the age of six years.

SECTION Section 490

Untitled Section

3.Subs. by s.2(ii),ibid.,for sub-clause (a)(with retrospective effect).

SECTION Section 491

Untitled Section

4.Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for

•"Madras" (w.e.f. 14-1-1969).

•18 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

(b)the expression “rights”, in relation to an estate, shall include any

•rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-

•holder, 1[raiyat, under-raiyat] or other intermediary and any rights or

•privileges in respect of land revenue.]

•2[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.]

•3[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 4[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 5[article 14 or article 19;]

•6[and no law containing a declaration that it is for giving effect to such policy

•shall be called in question in any court on the ground that it does not give effect

•to such policy]:

•Provided that where such law is made by the Legislature of a State, the

•provisions of this article shall not apply thereto unless such law, having been

•reserved for the consideration of the President, has received his assent.]

731D.[Saving of laws in respect of anti-national activities.].—Omitted

•by the Constitution (Forty-third Amendment)Act,1977, s. 2(w.e.f.13-4-1978).

•______________________________________________

1.Ins. by the Constitution (Fourth Amendment) Act, 1955, s.3(with retrospective effect).

SECTION Section 492

Untitled Section

2.Ins. by the Constitution (First Amendment) Act, 1951, s. 5(w.e.f. 18-6-1951).

SECTION Section 493

Untitled Section

3.Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972).

SECTION Section 494

Untitled Section

4.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 inMinerva Mills Ltd. and Others VsUnion of India

•and Others, AIR 1980SC1789.

SECTION Section 495

Untitled Section

5.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 8, for “article 14, article

•19 or article 31” (w.e.f. 20-6-1979).

SECTION Section 496

Untitled Section

6.The words in italics struck down by the Supreme Court inKesavananda Bharati vs. State of

•Kerala,AIR 1973, SC1461.

SECTION Section 497

Untitled Section

7.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 5(w.e.f. 03-01-1977).

•19 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

•Right to Constitutional Remedies

SECTION Section 498

Untitled Section

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

SECTION Section 499

Untitled Section

•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.

132A.[Constitutional validity of State laws not to be considered in

•proceedings under article 32.].—Omitted by the Constitution (Forty-third

•Amendment)Act, 1977,s. 3(w.e.f.13-4-1978).

•2[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

(d)person 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.]

•______________________________________________

SECTION Section 5

Untitled Section

3.Formation of new States and alteration of areas, boundaries or

•names of existing States.

SECTION Section 50

Untitled Section

46.Promotion of educational and economic interests of Scheduled

•Castes, Scheduled Tribes and other weaker sections.

SECTION Section 500

Untitled Section

1.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 6 (w.e.f. 1-2-1977).

SECTION Section 501

Untitled Section

2.Subs. by the Constitution (Fiftieth Amendment) Act, 1984, s. 2, for art. 33

•(w.e.f. 11-9-1984).

•20 THE CONSTITUTION OF INDIA

•(Part III.—Fundamental Rights)

SECTION Section 502

Untitled Section

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.

SECTION Section 503

Untitled Section

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

SECTION Section 504

Untitled Section

•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

SECTION Section 505

Untitled Section

36.Definition.—In this Part, unless the context otherwise requires, “the

•State” has the same meaning as in Part III.

SECTION Section 506

Untitled Section

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.

SECTION Section 507

Untitled Section

38.State to secure a social order for the promotion of welfare of the

people.—1[(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[(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.]

SECTION Section 508

Untitled Section

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;

•______________________________________________

SECTION Section 509

Untitled Section

1.Art. 38 renumbered as cl. (1) by the Constitution (Forty-fourth Amendment) Act,

•1978, s.9 (w.e.f. 20-6-1979).

SECTION Section 51

Untitled Section

47.Duty of the State to raise the level of nutrition and the standard

•of living and to improve public health.

SECTION Section 510

Untitled Section

2.Ins. by s. 9, ibid.(w.e.f. 20-6-1979).

•21

•22 THE CONSTITUTION OF INDIA

•(Part IV.—Directive Principles of State Policy)

•1[(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.]

•2[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 for securing justice are not

•denied to any citizen by reason of economic or other disabilities.]

SECTION Section 511

Untitled Section

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.

SECTION Section 512

Untitled Section

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.

SECTION Section 513

Untitled Section

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.

SECTION Section 514

Untitled Section

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.

•3[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.]

•______________________________________________

SECTION Section 515

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl. (f)

•(w.e.f. 3-1-1977).

SECTION Section 516

Untitled Section

2.Ins. by s. 8, ibid.(w.e.f. 3-1-1977).

SECTION Section 517

Untitled Section

3.Ins. by s. 9,ibid.(w.e.f. 3-1-1977).

•23 THE CONSTITUTION OF INDIA

•(Part IV.—Directive Principles of State Policy)

•1[43B. Promotion of co-operative societies.—The State shall endeavour

•to promote voluntary formation, autonomous functioning, democratic control

•and professional management of co-operative societies.]

SECTION Section 518

Untitled Section

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.

•2[45. Provision for early childhood care and education to children

•below the age of six years.—The State shall endeavour to provide early

•childhood care and education for all children until they complete the age of six

years.]

SECTION Section 519

Untitled Section

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.

SECTION Section 52

Untitled Section

48.Organisation of agriculture and animal husbandry.

48A.Protection and improvement of environment and safeguarding of

•forests and wild life.

SECTION Section 520

Untitled Section

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.

SECTION Section 521

Untitled Section

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.

•3[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.]

•______________________________________________

SECTION Section 522

Untitled Section

1.Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 3 (w.e.f. 15-2-2012).

SECTION Section 523

Untitled Section

2.Subs. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 3, for art. 45

•(w.e.f. 1-4-2010).

SECTION Section 524

Untitled Section

3.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 10 (w.e.f. 3-1-1977).

•24 THE CONSTITUTION OF INDIA

•(Part IV.—Directive Principles of State Policy)

SECTION Section 525

Untitled Section

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, 1[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.

SECTION Section 526

Untitled Section

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.

SECTION Section 527

Untitled Section

51.Promotion of international peace and security.—The State shall

•endeavour to—

(a)promote international peace and security;

(b)maintain just and honourable relations between nations;

(c)foster respect for international law and treaty obligations in the

•dealings of organised peoples with one another; and

(d)encourage settlement of international disputes by arbitration.

•______________________________________________

SECTION Section 528

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for "declared by

•Parliament by law" (w.e.f. 1-11-1956).

•1[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;]

•2[(k) who is a parent or guardian to provide opportunities for

•education to his child or, as the case may be, ward between the age of

•six and fourteen years.]

•______________________________________________

1.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 11 (w.e.f. 3-1-1977).

2.Ins. by the Constitution (Eighty-sixthAmendment) Act, 2002, s. 4(w.e.f. 1-4-2010).

•25

•PART V

•THE UNION

SECTION Section 529

Untitled Section

•CHAPTER I.—THE EXECUTIVE

•The President and Vice-President

SECTION Section 53

Untitled Section

49.Protection of monuments and places and objects of national

importance.

SECTION Section 530

Untitled Section

52.The President of India.—There shall be a President of India.

SECTION Section 531

Untitled Section

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.

SECTION Section 532

Untitled Section

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.

•1[Explanation.—In this article and in article 55, “State” includes the

•National Capital Territory of Delhi and the Union territory of *Puducherry.]

SECTION Section 533

Untitled Section

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;

•______________________________________________

SECTION Section 534

Untitled Section

1.Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1995).

•* Now Puducherry vide the Pondicherry (Alteration of Name) Act, 2006(44 of 2006),

s.3 (w.e.f. 1-10-2006).

•26

•27 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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.

•1[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 2[2026] have been

•published, be construed as a reference to the 1971 census.]

SECTION Section 535

Untitled Section

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.

•______________________________________________

SECTION Section 536

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 12, for the

•Explanation(w.e.f. 3-1-1977).

SECTION Section 537

Untitled Section

2.Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for "2000"

•(w.e.f. 21-2-2002).

•28 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

SECTION Section 538

Untitled Section

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.

SECTION Section 539

Untitled Section

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 1***of any State or is a Minister

•either for the Union or for any State.

SECTION Section 54

Untitled Section

50.Separation of judiciary from executive.

SECTION Section 540

Untitled Section

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.

SECTION Section 541

Untitled Section

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—

•______________________________________________

SECTION Section 542

Untitled Section

1.The words "or Rajpramukh or Uparajpramukh"omitted by the Constitution (Seventh

•Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•29 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•"I, A.B., do swear in the name of God that I will faithfully execute the office

•solemnly affirm

•of 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.".

SECTION Section 543

Untitled Section

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.

SECTION Section 544

Untitled Section

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.

SECTION Section 545

Untitled Section

63.The Vice-President of India.—There shall be a Vice-President of India.

SECTION Section 546

Untitled Section

64.The Vice-President to be ex officio Chairman of the Council of

States.—The Vice-President shall be ex officioChairman of the Council ofthe

•States and shall not hold any other office of profit:

•30 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•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.

SECTION Section 547

Untitled Section

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.

SECTION Section 548

Untitled Section

66.Election of Vice-President.—(1) The Vice-President shall be

•elected by the 1[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

•______________________________________________

SECTION Section 549

Untitled Section

1.Subs. by the Constitution (Eleventh Amendment) Act, 1961, s.2, for "membersof both

•Houses of Parliament assembled at a joint meeting" (w.e.f. 19-12-1961).

•31 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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 Governor1***of any State or is a Minister

•either for the Union or for any State.

SECTION Section 55

Untitled Section

51.Promotion of international peace and security.

•PART IVA

•FUNDAMENTAL DUTIES

51A.Fundamental duties.

•PART V

•THE UNION

SECTION Section 550

Untitled Section

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.

SECTION Section 551

Untitled Section

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.

SECTION Section 552

Untitled Section

69.Oath or affirmation by the Vice-President.—Every Vice-

•President shall, before entering upon his office, make and subscribe before the

•______________________________________________

1.The words "or Rajpramukh or Uparajpramukh"omitted by the Constitution (Seventh

•Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•32 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•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 Godthat 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.".

SECTION Section 553

Untitled Section

70.Discharge of President's functions in other contingencies.—

•Parliament may make such provision as it thinks fit for the discharge of the

•functions of the President in any contingency not provided for in this Chapter.

•1[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.]

SECTION Section 554

Untitled Section

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;

•______________________________________________

1.Subs.by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 2 (w.e.f 10-8-1975) and

•further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 10.

•(w.e.f. 20-6-1979).

•33 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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 1***

•of a State under any law for the time being in force.

SECTION Section 555

Untitled Section

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 State2***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.

•______________________________________________

1.The words "or Rajpramukh"omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 556

Untitled Section

2.The words and letters "specified in Part A or Part B of the First Schedule" omitted by

•the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•34 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•Council of Ministers

SECTION Section 557

Untitled Section

74.Council of Ministers to aid and advise President.—1[(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:]

•2[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.

SECTION Section 558

Untitled Section

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.

•3[(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

SECTION Section 559

Untitled Section

•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.

•______________________________________________

SECTION Section 56

Untitled Section

CHAPTERI.THE EXECUTIVE

•The President and Vice-President

SECTION Section 560

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.13, for cl. (1)

•(w.e.f. 3-1-1977).

SECTION Section 561

Untitled Section

2.Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s.11 (w.e.f. 20-6-1979).

SECTION Section 562

Untitled Section

3.Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s.2 (w.e.f. 1-1-2004).

•35 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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

SECTION Section 563

Untitled Section

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

SECTION Section 564

Untitled Section

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 rules1to

•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.

•2(4) * * * *

•______________________________________________

SECTION Section 565

Untitled Section

1.See notifin No. S.O. 2297, dated the 3rd November, 1958, Gazette of India,

•Extraordinary,Pt. II, Sec. 3 (ii), p. 1315, as amended from time to time.

SECTION Section 566

Untitled Section

2.Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s.14

•(w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment)

•Act, 1978, s. 12 (w.e.f. 20-6-1979).

•36 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

SECTION Section 567

Untitled Section

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.

SECTION Section 568

Untitled Section

•CHAPTER II.—PARLIAMENT

•General

SECTION Section 569

Untitled Section

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.

SECTION Section 57

Untitled Section

52.The President of India.

SECTION Section 570

Untitled Section

80.Composition of the Council of States.—(1) 1[2*** 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 3[and of the Union territories].

(2)The allocation of seats in the Council of States to be filled by

•representatives of the States 3[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.

•______________________________________________

SECTION Section 571

Untitled Section

1.Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for "The Council

•of States" (w.e.f. 1-3-1975).

SECTION Section 572

Untitled Section

2.The words "Subject to the provisions of para.4 of the Tenth Schedule," omitted by the

•Constitution (Thirty-sixth Amendment) Act, 1975, s.5 (w.e.f. 26-4-1975).

3.Addedby the Constitution (Seventh Amendment) Act, 1956, s. 3 (w.e.f. 1-11-1956).

•37 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(4)The representatives of each State 1***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 2[Union territories] in the Council of States

•shall be chosen in such manner as Parliament may by law prescribe.

•3[81. Composition of the House of the People.—(1) 4[Subject to the

•provisions of article 3315***], the House of the People shall consist of—

(a)not more than 6[five hundred and thirty members] chosen by

•direct election from territorial constituencies in the States; and

(b)not more than 7[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:

•8[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.]

•______________________________________________

SECTION Section 573

Untitled Section

1.The words and letters "specified in Part A or Part B of the First Schedule" omitted by

•the Constitution (Seventh Amendment) Act, 1956, s. 3(w.e.f. 1-11-1956).

SECTION Section 574

Untitled Section

2.Subs. by s. 3, ibid, for "States specified in Part C of First Schedule"(w.e.f. 1-11-1956).

SECTION Section 575

Untitled Section

3.Subs. by s.4, ibid.for arts. 81 and 82(w.e.f. 1-11-1956).

SECTION Section 576

Untitled Section

4.Subs. bythe Constitution (Thirty-fifth Amendment) Act, 1974, s.4, for "subject to the

•provisions of art.331" (w.e.f. 1-3-1975).

SECTION Section 577

Untitled Section

5.The words and figure "and para.4 of the Tenth Schedule" omitted by the Constitution

•(Thirty-sixth Amendment) Act, 1975,s.5 (w.e.f. 26-4-1975).

6.Subs.by theGoa, Daman and Diu Reorganisation Act, 1987(18 of 1987), s. 63,for

•"five hundred and twenty-five members"(w.e.f. 30-5-1987).

SECTION Section 578

Untitled Section

7.Subs. by the Constitution (Thirty-firstAmendment) Act, 1973, s.2, for "twenty-five

•members" (w.e.f. 17-10-1973).

8.Ins. bys. 2,ibid.(w.e.f. 17-10-1973).

•38 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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:

•1[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 2[2026] have been published, 3[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 4[2001]census.]]

SECTION Section 579

Untitled Section

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:

•5[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 6[2026] have been published, it shall not be necessary to

•7[readjust,—

•______________________________________________

SECTION Section 58

Untitled Section

53.Executive power of the Union.

SECTION Section 580

Untitled Section

1.Addedby the Constitution (Forty-second Amendment) Act, 1976, s. 15 (w.e.f. 3-1-1977).

SECTION Section 581

Untitled Section

2.Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 3, for "2000"

•(w.e.f. 21-2-2002).

SECTION Section 582

Untitled Section

3.Subs. bys.3, ibid, for certain words (w.e.f. 21-2-2002).

SECTION Section 583

Untitled Section

4.Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 2, for "1991"

•(w.e.f. 22-6-2003).

SECTION Section 584

Untitled Section

5.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 16(w.e.f. 3-1-1977).

SECTION Section 585

Untitled Section

6.Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 4, for "2000"

•(w.e.f. 21-2-2002).

SECTION Section 586

Untitled Section

7.Subs. bys.4, ibid.,for certain words (w.e.f. 21-2-2002).

•39 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(i)the allocation of seats in the House of the 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 1[2001]census,

•under this article.]]

SECTION Section 587

Untitled Section

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

•2[five years]from the date appointed for its first meeting and no longer and the

•expiration of the said period of 2[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.

SECTION Section 588

Untitled Section

84.Qualification for membership of Parliament.—A person shall not

•be qualified to be chosen to fill a seat in Parliament unless he—

•3[(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.

•______________________________________________

SECTION Section 589

Untitled Section

1.Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 3, for "1991"

•(w.e.f. 22-6-2003).

SECTION Section 59

Untitled Section

54.Election of President.

(v)Contents

SECTION Section 590

Untitled Section

2.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 17, for "five years"

•(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act,

•1978, s.13, for "six years" (w.e.f. 20-6-1979).

SECTION Section 591

Untitled Section

3.Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 3, for cl.(a)

•(w.e.f. 5-10-1963).

•40 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•1[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.]

SECTION Section 592

Untitled Section

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.

SECTION Section 593

Untitled Section

87.Special address by the President.—(1) At the commencement of

•2[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 address3***.

SECTION Section 594

Untitled Section

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.

•______________________________________________

SECTION Section 595

Untitled Section

1.Subs. by the Constitution (First Amendment) Act, 1951, s. 6, for art. 85

•(w.e.f. 18-6-1951).

SECTION Section 596

Untitled Section

2.Subs. by the Constitution (First Amendment) Act, 1951, s. 7, for "every session"

•(w.e.f. 18-6-1951).

SECTION Section 597

Untitled Section

3.The words "and for the precedence of such discussion over otherbusiness of the House"

•omitted bys. 7,ibid.(w.e.f. 18-6-1951).

•41 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•Officers of Parliament

SECTION Section 598

Untitled Section

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.

SECTION Section 599

Untitled Section

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.

SECTION Section 6

Untitled Section

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

SECTION Section 600

Untitled Section

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.

SECTION Section 601

Untitled Section

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.

•42 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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.

SECTION Section 602

Untitled Section

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.

SECTION Section 603

Untitled Section

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.

•43 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

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.

SECTION Section 604

Untitled Section

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.

•44 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•Conduct of Business

SECTION Section 605

Untitled Section

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.

•1[(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.

•______________________________________________

SECTION Section 606

Untitled Section

1.Cls. (3)and (4) omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 18 (date not

•notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978,

s.45 (w.e.f. 20-6-1979).

•45 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(2)No person shall be a member both of Parliament and of a House of

•the Legislature of a State 1***, and if a person is chosen a member both of

•Parliament and of a House of the Legislature of 2[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

•3[clause (1) or clause (2) of article 102]; or

•4[(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:

•5[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.

•______________________________________________

SECTION Section 607

Untitled Section

1.The words and letters "specified in Part A or Part B of the First Schedule" omitted by

•the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 608

Untitled Section

2.Subs. by s. 29 and Sch.,ibid., for "such a State"(w.e.f. 1-11-1956).

•See the Prohibition of Simultaneous Membership Rules, 1950, published with the

•Ministry of Law, notifn. No. F. 46/50-C, dated the 26th January, 1950, Gazette of

•India, Extraordinary, P. 678.

SECTION Section 609

Untitled Section

3.Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s.2, for "cl.(1) of art.

•102" (w.e.f. 1-3-1985).

SECTION Section 61

Untitled Section

55.Manner of election of President.

SECTION Section 610

Untitled Section

4.Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s.2 (w.e.f. 19-5-1974).

SECTION Section 611

Untitled Section

5.Ins.by s.2,ibid.(w.e.f. 19-5-1974).

•46 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

102.Disqualifications for membership.—(1)A person shall be

•disqualified for being chosen as, and for being, a member of either House of

•Parliament—

•1[(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.

•2[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.

•3[(2) A person shall be disqualified for being a member of either House

•of Parliament if he is so disqualified under the Tenth Schedule.]

•4[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

SECTION Section 612

Untitled Section

•article 102, the question shall be referred for the decision of the President and

•his decision shall be final.

•______________________________________________

SECTION Section 613

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 19 to read as "(a) if

•he holdsany such office of profit under the Government of India or the Government of

•any State as is declared by Parliament by law to disqualify its holder" (date not

•notified). This amendment was omitted by the Constitution (Forty-fourth Amendment)

•Act, 1978, s.45 (w.e.f. 20-6-1979).

SECTION Section 614

Untitled Section

2.Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s.3, for "(2) for the

•purposes ofthisart." (w.e.f. 1-3-1985).

SECTION Section 615

Untitled Section

3.Ins. bys. 3, ibid.(w.e.f. 1-3-1985).

SECTION Section 616

Untitled Section

4.Subs.by the Constitution (Forty-second Amendment) Act, 1976, s. 20, for art. 103

•(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment)

•Act, 1978, s.14, for art. 103(w.e.f. 20-6-1979).

•47 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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

SECTION Section 617

Untitled Section

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 anything said or any vote given by him in Parliament or any committee

•thereof, and no person shall be so liable in respect of the publication by or under the

•authority of either House of Parliament of any report, paper, votes or proceedings.

•1[(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, 2[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.]].

•______________________________________________

SECTION Section 618

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 21 (date to be

•notified). This amendment was omitted by the Constitution (Forty-fourth Amendment)

•Act, 1978, s. 45 (w.e.f. 20-6-1979).

SECTION Section 619

Untitled Section

2.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 15, for certain

•words (w.e.f. 20-6-1979).

•48 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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,

•49 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•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

SECTION Section 62

Untitled Section

56.Term of office of President.

SECTION Section 620

Untitled Section

•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.

•50 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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

SECTION Section 621

Untitled Section

•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;

•51 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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—

•52 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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

•1[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.

•______________________________________________

SECTION Section 622

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for

•"a Province corresponding to a State specified in Part A of the First Schedule"

•(w.e.f. 1-11-1956).

•53 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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

SECTION Section 623

Untitled Section

•article 113 have been made by the House of the People, there shall be

•introduced a Bill to provide for the appropriation out of the Consolidated Fund

•of India of all moneys required to meet—

(a)the grants so made by the House of the People; and

(b)the expenditure charged on the Consolidated Fund of India but

•not exceeding in any case the amount shown in the statement previously

•laid before Parliament.

(2)No amendment shall be proposed to any such Bill in either House of

•Parliament which will have the effect of varying the amount or altering the

•destination of any grant so made or of varying the amount of any expenditure

•charged on the Consolidated Fund of India, and the decision of the person

•presiding as to whether an amendment is inadmissible under this clause shall be

final.

(3)Subject to the provisions of articles 115 and 116, no money shall be

•withdrawn from the Consolidated Fund of India 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.

•54 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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

SECTION Section 624

Untitled Section

•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

SECTION Section 625

Untitled Section

•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

SECTION Section 626

Untitled Section

•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.

•55 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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

SECTION Section 627

Untitled Section

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.

•______________________________________________

•The brackets and words "(including the quorum to constitute a meeting of the House"

ins.by the Constitution (Forty-second Amendment) Act, 1976, s. 22 (date not notified).

•This amendment was omitted by the Constitution (Forty-fourth Amendment) Act,

•1978, s. 45 (w.e.f. 20-6-1979).

•56 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

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.

SECTION Section 628

Untitled Section

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.

SECTION Section 629

Untitled Section

•CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT

123.Power of President to promulgate Ordinances during recess of

Parliament.—(1) If at any time, except when both Houses of Parliament are in

•session, the President is satisfied that circumstances exist which render it

•necessary for him to take immediate action, he may promulgate such

•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

•57 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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.

•1(4)* * * * *

SECTION Section 63

Untitled Section

57.Eligibility for re-election.

SECTION Section 630

Untitled Section

•CHAPTER IV.—THE UNION JUDICIARY

124.Establishment and constitution of the 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]other Judges.

(2)Every Judge of the Supreme Court shall be appointed by the

•President by warrant under his hand and seal 2[on the recommendation of the

•National Judicial Appointments Commission referred to in article 124A] and

•shall hold office until he attains the age of sixty-five years:

•3[* * * * *]

•4[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 in the manner

•provided in clause (4).

•______________________________________________

1.Ins.by the Constitution (Thirty-eighthAmendment) Act, 1975, s.2 (with retrospective effect) and

•omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979).

•Now “thirty-three” videtheSupreme Court (Number of Judges) Amendment Act, 2019(37of 2019),

s.2 (w.e.f. 9-8-2019).

SECTION Section 631

Untitled Section

2.Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 2, for "after consultation with

•such of the Judges of the Supreme Court and of the High Courtin the Statesas the President may

•deem necessaryfor the purpose" (w.e.f. 13-4-2015). This amendment has been struck down by the

•Supreme Court in the case of Supreme CourtAdvocates-on-Record Association and anotherVs.

•Union of Indiain its judgment dated 16-10-2015, AIR 2016 SC 117.

SECTION Section 632

Untitled Section

3.The first proviso was omittedby s. 2,ibid.The proviso was as under:—

•"Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief

•Justice of India shall always be consulted:"This amendment has been struck down by the Supreme

•Court in thecase ofSupreme Court Advocates-on-Record Association and anotherVs. Union of

•Indiain itsjudgment dated 16-10-2015, AIR 2016 SC 117.

SECTION Section 633

Untitled Section

4.Subs. by s. 2,ibid.for "provided further that" This amendment has been struck down by the Supreme

•Court in the Supreme Court Advocates-on-Record Association and another Vs Union of India

•judgment dated 16-10-2015, AIR 2016 SC 117.

•58 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•1[(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.

•2[124A. National Judicial Appointments Commission.—(1) There

•shall be a Commission to be known as the National Judicial Appointments

•Commission consisting of the following, namely:—

•______________________________________________

SECTION Section 634

Untitled Section

1.Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).

SECTION Section 635

Untitled Section

2.Ins. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 3 (w.e.f. 13-4-2015). This

•amendment has been struck downby the Supreme Court inthecase ofSupreme CourtAdvocates-

•on-Record Association and another Vs Union of India in its judgment dated 16-10-2015,

•AIR 2016 SC 117.

•59 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(a)the Chief Justice of India, Chairperson, ex officio;

(b)two other senior Judges of the Supreme Court next to the

•Chief Justice of India––Members, ex officio;

(c)the Union Minister in charge of Law and Justice––Member,

•ex officio;

(d)two eminent persons to be nominated by the committee

•consisting of the Prime Minister, the Chief Justice of India and the

•Leader of Opposition in the House of the People or where there is no

•such Leader of Opposition, then, the Leader of single largest Opposition

•Party in the House of the People––Members:

•Provided that one of the eminent person shall be nominated from

•amongst the persons belonging to the Scheduled Castes, the Scheduled

•Tribes, Other Backward Classes, Minorities or Women:

•Provided further that an eminent person shall be nominated for a

•period ofthree years and shall not be eligible for renomination.

(2)No act or proceedings of the National Judicial Appointments

•Commissionshall be questioned or be invalidated merely on the ground of the

•existence of anyvacancy or defect in the constitution of the Commission.

124B.Functions ofCommission.––It shall be the duty of the National

•Judicial Appointments Commissionto—

(a)recommendpersons for appointment as Chief Justice of India,

•Judges of the Supreme Court, Chief Justices of High Courts and other

•Judges of HighCourts;

(b)recommend transfer of Chief Justices and other Judges of High

•Courtsfrom one High Court to any other High Court; and

(c)ensure that the person recommended is of ability and integrity.

124C.Power of Parliament to make law.––Parliament may, by law,

•regulate the procedure for the appointment ofChief Justice of India and other

•Judges of the Supreme Court and Chief Justices and other Judges of High

•Courts and empower the Commission to lay down by regulationsthe procedure

•for the discharge of its functions, the manner of selection of persons for

•appointment and such other matters as may be considered necessary by it.]

SECTION Section 636

Untitled Section

125.Salaries, etc., of Judges.—1[(1) There shall be paid to the Judges

•of the Supreme Court such salaries as may be determined by Parliament by law

•and, until provision in that behalf is so made, such salaries as are specified in

•the Second Schedule.]

(2)Every Judge shall be entitled to such privileges and allowances and to such

•rights in respect of leave of absence and pension as may from time to time be

•determined by or under law made by Parliament and, until so determined, to such

•privileges, allowances and rights as are specified in the Second Schedule:

•______________________________________________

SECTION Section 637

Untitled Section

1.Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for cl. (1)

•(w.e.f. 1-4-1986).

•60 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•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.

SECTION Section 638

Untitled Section

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.

SECTION Section 639

Untitled Section

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, 1[the National Judicial Appointments

•Commission on a reference made to it by 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 hocJudge, 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.

SECTION Section 64

Untitled Section

58.Qualifications for election as President.

SECTION Section 640

Untitled Section

128.Attendance of retired Judges at sittings of the Supreme

Court.—Notwithstanding anything in this Chapter, 2[the National Judicial

•Appointments Commission]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 3[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:

•______________________________________________

SECTION Section 641

Untitled Section

1.Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 4, for "the Chief

•Justice of India may, with the previous consent of the President" (w.e.f. 13-4-2015).

•This amendment has been struck down by the Supreme Court in the case of Supreme

•Court Advocates-on-Record Association and another vs. Union of India in its

•judgment dated 16-10-2015, AIR 2016 SC 117.

SECTION Section 642

Untitled Section

2.Subs. by s. 5, ibid.,for "the Chief Justice of India" (w.e.f. 13-4-2015). This amendment

•has been struck down by the Supreme Court in the case ofSupreme Court Advocates-

•on-Record Association and anotherVs. Union of Indiain its judgment dated 16-10-

•2015, AIR 2016 SC 117.

SECTION Section 643

Untitled Section

3.Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s.3 (w.e.f. 5-10-1963).

•61 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•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.

SECTION Section 644

Untitled Section

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.

SECTION Section 645

Untitled Section

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.

SECTION Section 646

Untitled Section

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:

•1[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.]

•2[131A.Exclusive jurisdiction of the Supreme Court in regard to

•questions as to constitutional validity of Central laws.].—Omitted by the

•Constitution (Forty-third Amendment)Act, 1977, s. 4(w.e.f. 13-4-1978).

132.Appellate jurisdiction of the 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, 3[if the High Court

•certifies under article 134A]that the case involves a substantial question of law

•as to the interpretation of this Constitution.

•______________________________________________

SECTION Section 647

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso

•(w.e.f. 1-11-1956).

SECTION Section 648

Untitled Section

2.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23(w.e.f. 1-2-1977).

SECTION Section 649

Untitled Section

3.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s.17, for "if the High

•Court certifies" (w.e.f. 1-8-1979).

•62 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•1(2)* * * * *

(3)Where such a certificate is given, 2*** any party in the case may

•appeal to the Supreme Court on the ground that any such question as aforesaid

•has been wrongly decided2***.

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 the Supreme Court in appeals from

•High Courts in regard to civil matters.—3[(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 4[if the High Court certifies under

SECTION Section 65

Untitled Section

59.Conditions of President’s office.

SECTION Section 650

Untitled Section

•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.

SECTION Section 651

Untitled Section

134.Appellate jurisdiction of the 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)5[certifies under article 134A]that the case is a fit one for appeal

•to the Supreme Court:

•______________________________________________

SECTION Section 652

Untitled Section

1.Cl.(2) omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if

•the High Court certifies" (w.e.f. 1-8-1979).

SECTION Section 653

Untitled Section

2.Certain words omitted by s. 17, ibid.(w.e.f. 1-8-1979).

SECTION Section 654

Untitled Section

3.Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1)

•(w.e.f. 27-2-1973).

SECTION Section 655

Untitled Section

4.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s.18, for "if the High

•Court certifies.—" (w.e.f. 1-8-1979).

SECTION Section 656

Untitled Section

5.Subs. by s. 19, ibid., for "certifies"(w.e.f. 1-8-1979).

•63 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•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.

•1[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

SECTION Section 657

Untitled Section

•clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of

SECTION Section 658

Untitled Section

•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.

SECTION Section 659

Untitled Section

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

SECTION Section 66

Untitled Section

60.Oath or affirmation by the President.

SECTION Section 660

Untitled Section

•article 145, the Supreme Court shall have power to review any judgment

•pronounced or order made by it.

•______________________________________________

SECTION Section 661

Untitled Section

1.Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s.20 (w.e.f. 1-8-1979).

•64 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

SECTION Section 662

Untitled Section

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.

SECTION Section 663

Untitled Section

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.

•1[139A. Transfer of certain cases.—2[(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.]

SECTION Section 664

Untitled Section

140.Ancillary powers of the 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.

•______________________________________________

SECTION Section 665

Untitled Section

1.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s.24 (w.e.f. 1-2-1977).

SECTION Section 666

Untitled Section

2.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 21, for cl. (1)

•(w.e.f. 1-8-1979).

•65 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

SECTION Section 667

Untitled Section

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.

SECTION Section 668

Untitled Section

142.Enforcement of decrees and orders of the 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 order1prescribe.

(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.

SECTION Section 669

Untitled Section

143.Power of the President to consult the 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 2*** the proviso to

SECTION Section 67

Untitled Section

61.Procedure for impeachment of the President.

SECTION Section 670

Untitled Section

•article 131, refer a dispute of the kind mentioned in the 3[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.

SECTION Section 671

Untitled Section

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.

•4[144A. [Special provisions as to disposal of questions relating to

•constitutional validity of laws.].—Omitted by the Constitution (Forty-third

•Amendment)Act, 1977, s.5 (w.e.f.13-4-1978).]

SECTION Section 672

Untitled Section

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;

•______________________________________________

SECTION Section 673

Untitled Section

1.Seethe Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47).

SECTION Section 674

Untitled Section

2.The words, brackets and figure "clause (i) of" omitted by the Constitution (Seventh

•Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 675

Untitled Section

3.Subs. by s. 29 and Sch.,ibid., for "said clause"(w.e.f. 1-11-1956).

SECTION Section 676

Untitled Section

4.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s.25 (w.e.f. 1-2-1977).

•66 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

(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;

•1[(cc) rules as to the proceedings in the Court under 2[article

•139A];]

(d)rules as to the entertainment of appeals under sub-clause (c) of

SECTION Section 677

Untitled Section

•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

SECTION Section 678

Untitled Section

•clause (1) of article 317.

(2)Subject to the3[provisions of 4*** clause (3)], rules made under this

SECTION Section 679

Untitled Section

•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)5[4***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:

•______________________________________________

SECTION Section 68

Untitled Section

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.

SECTION Section 680

Untitled Section

1.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s.26 (w.e.f. 1-2-1977).

SECTION Section 681

Untitled Section

2.Subs. by the Constitution (Forty-thirdAmendment) Act, 1977, s.6, for "articles 131A

•and 139A"(w.e.f. 13-4-1978).

SECTION Section 682

Untitled Section

3.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.26, for "provisions

•of clause (3)" (w.e.f. 1-2-1977).

SECTION Section 683

Untitled Section

4.Certain words omitted by the Constitution (Forty-third Amendment) Act, 1977, s.6

•(w.e.f. 13-4-1978).

SECTION Section 684

Untitled Section

5.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for "The

•minimum number" (w.e.f. 1-2-1977).

•67 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

•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.

SECTION Section 685

Untitled Section

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.

•68 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

SECTION Section 686

Untitled Section

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.

SECTION Section 687

Untitled Section

•CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA

SECTION Section 688

Untitled Section

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.

•69 THE CONSTITUTION OF INDIA

•(Part V.—The Union)

SECTION Section 689

Untitled Section

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.

•1[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, 2[on the advice of] the Comptroller and Auditor-General of

•India, prescribe.]

SECTION Section 69

Untitled Section

63.The Vice-President of India.

SECTION Section 690

Untitled Section

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 Governor3***of the State,

•who shall cause them to be laid before the Legislature of the State.

•______________________________________________

SECTION Section 691

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 27, for art.150

•(w.e.f. 1-4-1977).

SECTION Section 692

Untitled Section

2.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 22, for "after

•consultation with" (w.e.f. 20-6-1979).

SECTION Section 693

Untitled Section

3.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956).

•PART VI

•THE STATES 1***

SECTION Section 694

Untitled Section

•CHAPTER I.—GENERAL

SECTION Section 695

Untitled Section

152.Definition.—In this Part, unless the context otherwise requires, the

•expression “State” 2[does not include the State of Jammu and Kashmir].

SECTION Section 696

Untitled Section

•CHAPTER II.—THE EXECUTIVE

•The Governor

SECTION Section 697

Untitled Section

153.Governors of States.—There shall be a Governor for each State:

•3[Provided that nothing in this article shall prevent the appointment of

•the same person as Governor for two or more States.]

SECTION Section 698

Untitled Section

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.

SECTION Section 699

Untitled Section

155.Appointment of Governor.—The Governor of a State shall be

•appointed by the President by warrant under his hand and seal.

SECTION Section 7

Untitled Section

5.Citizenship at the commencement of the Constitution.

SECTION Section 70

Untitled Section

64.The Vice-President to be ex officio Chairman of the Council of

States.

SECTION Section 700

Untitled Section

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:

•______________________________________________

SECTION Section 701

Untitled Section

1.The words "IN PART A OF THE FIRST SCHEDULE" omitted by the Constitution

•(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 702

Untitled Section

2.Subs. by s. 29 and Sch. ibid., for "means a State specified in Part A of the First

•Schedule"(w.e.f. 1-11-1956).

SECTION Section 703

Untitled Section

3.Addedby s. 6, ibid.(w.e.f. 1-11-1956).

•70

•71 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•Provided that a Governor shall, notwithstanding the expiration of his

•term, continue to hold office until his successor enters upon his office.

SECTION Section 704

Untitled Section

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.

SECTION Section 705

Untitled Section

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 and,

•until provision in that behalf is so made, such emoluments, allowances and

•privileges as are specified in the Second Schedule.

•1[(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.

SECTION Section 706

Untitled Section

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 faithfully execute the

•solemnly affirm

•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).”.

•______________________________________________

SECTION Section 707

Untitled Section

1.Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 7 (w.e.f. 1-11-1956).

•72 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

SECTION Section 708

Untitled Section

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.

SECTION Section 709

Untitled Section

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.

SECTION Section 71

Untitled Section

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.

SECTION Section 710

Untitled Section

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

SECTION Section 711

Untitled Section

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.

SECTION Section 712

Untitled Section

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:

•73 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•Provided that in the States of 1[Chhattisgarh, Jharkhand], Madhya

•Pradesh and 2[Odisha] 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.

•3[(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 date4as 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.

•______________________________________________

SECTION Section 713

Untitled Section

1.Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for "Bihar"

•(w.e.f. 12-6-2006).

SECTION Section 714

Untitled Section

2.Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011),s.4, for "Orissa"

•(w.e.f. 1-11-2011).

SECTION Section 715

Untitled Section

3.Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s.3 (w.e.f. 1-1-2004).

SECTION Section 716

Untitled Section

4.7-1-2004,videnotificationnumberS.O. 21(E), dated 7-1-2004.

•74 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

(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

SECTION Section 717

Untitled Section

165.Advocate-General for the State.—(1) The Governor of each State

•shall appoint a person who is qualified to be appointed a Judge of a High Court

•to be Advocate-General for the State.

(2)It shall be the duty of the Advocate-General to give advice to the

•Government of the State upon such legal matters, and to perform such other

•duties of a legal character, as may from time to time be referred or assigned to

•him by the Governor, and to discharge the functions conferred on him by or

•under this Constitution or any other law for the time being in force.

(3)The Advocate-General shall hold office during the pleasure of the

•Governor, and shall receive such remuneration as the Governor may determine.

•Conduct of Government Business

SECTION Section 718

Untitled Section

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.

•75 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•1(4)* * * * *

SECTION Section 719

Untitled Section

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.

SECTION Section 72

Untitled Section

66.Election of Vice-President.

SECTION Section 720

Untitled Section

•CHAPTER III.—THE STATE LEGISLATURE

•General

SECTION Section 721

Untitled Section

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 2*** 3[Andhra Pradesh], Bihar,4***5[Madhya

•Pradesh], 6*** 7[Maharashtra], 8[Karnataka], 9***

•______________________________________________

SECTION Section 722

Untitled Section

1.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s.28 (w.e.f. 3-1-1977)

•and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23

•(w.e.f. 20-6-1979).

SECTION Section 723

Untitled Section

2.The words "Andhra Pradesh," omitted by the Andhra Pradesh Legislative Council

•(Abolition) Act, 1985 (34 of 1985), s. 4 (w.e.f. 1-6-1985).

SECTION Section 724

Untitled Section

3.Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006), s. 3

•(w.e.f. 30-3-2007).

SECTION Section 725

Untitled Section

4.The word "Bombay" omitted by the Bombay Reorganisation Act, 1960 (11 of 1960)

s.20 (w.e.f. 1-5-1960).

SECTION Section 726

Untitled Section

5.Ins. bythe Constitution (Seventh Amendment) Act, 1956, s.8(w.e.f. 1-11-1956).

SECTION Section 727

Untitled Section

6.The words "Tamil Nadu," omitted by the Tamil Nadu Legislative Council (Abolition)

•Act, 1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986).

SECTION Section 728

Untitled Section

7.Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960),s. 20 (w.e.f. 1-5-1960).

SECTION Section 729

Untitled Section

8.Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for

•"Mysore" (w.e.f. 1-11-1973), which was inserted by the Constitution (Seventh

•Amendment) Act, 1956,s. 8(1)(w.e.f. 1-11-1956).

SECTION Section 73

Untitled Section

67.Term of office of Vice-President.

SECTION Section 730

Untitled Section

9.The word "Punjab," omitted by the Punjab Legislative Council (Abolition) Act, 1969

•(46 of 1969), s. 4 (w.e.f. 7-1-1970).

•76 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•1[2[Tamil Nadu, Telangana]]3[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.

SECTION Section 731

Untitled Section

169.Abolition or creation of Legislative Councils in States.—(1)

•Notwithstanding anything in article 168, Parliament may by law provide for the

•abolition of the Legislative Council of a State having such a Council or for the

•creation of such a Council in a State having no such Council, if the Legislative

•Assembly of the State passes a resolution to that effect by a majority of the

•total membership of the Assembly and by a majority of not less than two-thirds

•of the members of the Assembly present and voting.

(2)Any law referred to in clause (1) shall contain such provisions for the

•amendment of this Constitution as may be necessary to give effect to the

•provisions of the law and may also contain such supplemental, incidental and

•consequential provisions as Parliament may deem necessary.

(3)No such law as aforesaid shall be deemed to be an amendment of this

•Constitution for the purposes of article 368.

•4[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.

•______________________________________________

SECTION Section 732

Untitled Section

2.The words "Tamil Nadu" ins. by the Tamil Nadu Legislative Council Act, 2010

•(16 of 2010), s. 3 (date to be notified).

SECTION Section 733

Untitled Section

2.Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 96, for "Tamil

•Nadu" (w.e.f. 1-6-2014).

SECTION Section 734

Untitled Section

3.Subs. by the West BengalLegislative Council (Abolition) Act, 1969(20of 1969), s. 4

•for "Uttar Pradesh and West Bengal" (w.e.f. 1-8-1969).

SECTION Section 735

Untitled Section

4.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9, for art, 170

•(w.e.f. 1-11-1956).

•77 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•1[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 2[2026] have been

•published, be construed as a reference to the 3[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:

•4[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 2[2026] have been published, it shall not be necessary to

•5[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 3[2001]census,

•under this clause.]

•______________________________________________

SECTION Section 736

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 29, for the

•Explanation (w.e.f. 3-1-1977).

SECTION Section 737

Untitled Section

2.Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for "2000"

•(w.e.f. 21-2-2002).

SECTION Section 738

Untitled Section

3.Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for "1991"

•(w.e.f. 22-6-2003). The figures "1991" were substituted for the original figures "1971"

•by the Constitution (Eighty-fourthAmendment) Act, 2001,s. 5(w.e.f. 21-2-2002).

SECTION Section 739

Untitled Section

4.Ins. bythe Constitution (Forty-secondAmendment) Act, 1976,s. 29(w.e.f. 3-1-1977).

SECTION Section 74

Untitled Section

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.

SECTION Section 740

Untitled Section

5.Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for certain

•words (w.e.f. 21-2-2002).

•78 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

SECTION Section 741

Untitled Section

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 1[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

SECTION Section 742

Untitled Section

•clause (3) shall be chosen in such territorial constituencies as may be prescribed

•______________________________________________

SECTION Section 743

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for "one-fourth"

•(w.e.f. 1-11-1956).

•79 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•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.

SECTION Section 744

Untitled Section

172.Duration of State Legislatures.—(1) Every Legislative Assembly

•of every State, unless sooner dissolved, shall continue for 1[five years]from the

•date appointed for its first meeting and no longer and the expiration of the said

•period of 1[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.

SECTION Section 745

Untitled Section

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—

•2[(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;]

•______________________________________________

SECTION Section 746

Untitled Section

1.Subs. bythe Constitution (Forty-secondAmendment) Act, 1976,s. 30, for "five years"

•(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment)

•Act, 1978,s. 24, for "six years"(w.e.f. 6-9-1979).

SECTION Section 747

Untitled Section

2.Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4, for cl. (a)

•(w.e.f. 5-10-1963).

•80 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

(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.

•1[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.]

SECTION Section 748

Untitled Section

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.

SECTION Section 749

Untitled Section

176.Special address by the Governor.—(1) At the commencement of

•2[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 address3***.

•______________________________________________

SECTION Section 75

Untitled Section

69.Oath or affirmation by the Vice-President.

SECTION Section 750

Untitled Section

1.Subs. by the Constitution (First Amendment) Act, 1951, s. 8, for art.174

•(w.e.f. 18-6-1951).

SECTION Section 751

Untitled Section

2.Subs. by s.9, ibid., for "every session" (w.e.f. 18-6-1951).

SECTION Section 752

Untitled Section

3.The words "and for the precedence of such discussion over other business of the

•House" omitted bys. 9,ibid.(w.e.f. 18-6-1951).

•81 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

SECTION Section 753

Untitled Section

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

SECTION Section 754

Untitled Section

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.

SECTION Section 755

Untitled Section

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.

SECTION Section 756

Untitled Section

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.

•82 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

SECTION Section 757

Untitled Section

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.

SECTION Section 758

Untitled Section

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.

SECTION Section 759

Untitled Section

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.

SECTION Section 76

Untitled Section

70.Discharge of President’s functions in other contingencies.

SECTION Section 760

Untitled Section

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.

•83 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

(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.

SECTION Section 761

Untitled Section

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.

SECTION Section 762

Untitled Section

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.

SECTION Section 763

Untitled Section

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.

•84 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

(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

SECTION Section 764

Untitled Section

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.

SECTION Section 765

Untitled Section

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.

•1[(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.]

•______________________________________________

SECTION Section 766

Untitled Section

1.Omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 31 (date not

•notified). This amendment was omitted by the Constitution (Forty-fourth Amendment)

•Act, 1978, s. 45 (w.e.f. 20-6-1979).

•85 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•Disqualifications of Members

SECTION Section 767

Untitled Section

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 rules1 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

•2[clause (1) or clause (2) of article 191]; or

•3[(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:

•4[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.

•______________________________________________

SECTION Section 768

Untitled Section

1.See the Prohibition of Simultaneous Membership Rules, 1950 published by the

•Ministry of Law Notification number F. 46/50-C, dated the 26th January, 1950,

•Gazette of India, Extraordinary, p. 678.

SECTION Section 769

Untitled Section

2.Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 4, for "clause (1) of

SECTION Section 77

Untitled Section

71.Matters relating to, or connected with, the election of a President

•or Vice-President.

SECTION Section 770

Untitled Section

•article 191" (w.e.f. 1-3-1985).

3Subs.by the Constitution (Thirty-third Amendment) Act, 1974, s. 3(w.e.f. 19-5-1974).

SECTION Section 771

Untitled Section

4.Ins. by s. 3, ibid.(w.e.f. 19-5-1974).

•86 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

SECTION Section 772

Untitled Section

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—

•1[(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.

•2[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.

•3[(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.]

•4[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.

•______________________________________________

SECTION Section 773

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 32to read as "(a) if

•he holds any such office of profit under the Government of India or the Government of

•any State specified in the First Schedule as is declared by Parliament by law to

•disqualify its holder" (date not notified). This amendment was omitted by the

•Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20-6-1979).

SECTION Section 774

Untitled Section

2.Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for "(2) For the

•purposes of this article" (w.e.f. 1-3-1985).

3.Ins. bys. 5,ibid.(w.e.f. 1-3-1985).

SECTION Section 775

Untitled Section

4.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 33, for art. 192

•(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment)

•Act, 1978, s. 25, for art. 192(w.e.f. 20-6-1979).

•87 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

(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.]

SECTION Section 776

Untitled Section

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

SECTION Section 777

Untitled Section

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.

•1[(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

•______________________________________________

SECTION Section 778

Untitled Section

1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 34 to read as

•follows:

•"(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 those of that House, and of its members and Committees, at the

•commencement of section 34 of the Constitution (Forty-second Amendment) Act,

•1976, and as may be evolved by such House of the House of the People, and of its

•members and committees where such House is the Legislative Assembly and in

•accordance with those of the Council of States, and of its members and committees

•where such House is the Legislative Council." (date not notified). This amendment

•was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45

•(w.e.f. 19-6-1979)."

•88 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•by the Legislature by law, and, until so defined, 1[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.

SECTION Section 779

Untitled Section

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

SECTION Section 78

Untitled Section

72.Power of President to grant pardons, etc., and to suspend, remit

•or commute sentences in certain cases.

SECTION Section 780

Untitled Section

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.

SECTION Section 781

Untitled Section

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—

•______________________________________________

SECTION Section 782

Untitled Section

1.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 26, for certain

•words (w.e.f. 20-6-1979).

•89 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

(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.

SECTION Section 783

Untitled Section

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

•90 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•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.

SECTION Section 784

Untitled Section

199.Definition of “Money Bills”.—(1) For the purposes of this

SECTION Section 785

Untitled Section

•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

•91 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•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.

SECTION Section 786

Untitled Section

200.Assent to Bills.—When a Bill has been passed by the Legislative

•Assembly of a State or, in the case of a State having a Legislative Council, has

•been passed by both Houses of the Legislature of the State, it shall be presented

•to the Governor and the Governor shall declare either that he assents to the Bill

•or that he withholds assent therefrom or that he reserves the Bill for the

•consideration of the President:

•Provided that the Governor may, as soon as possible after the

•presentation to him of the Bill for assent, return the Bill if it is not a Money Bill

•together with a message requesting that the House or Houses will reconsider

•the Bill or any specified provisions thereof and, in particular, will consider the

•desirability of introducing any such amendments as he may recommend in his

•message and, when a Bill is so returned, the House or Houses shall reconsider

•the Bill accordingly, and if the Bill is passed again by the House or Houses

•with or without amendment and presented to the Governor for assent, the

•Governor shall not withhold assent therefrom:

•Provided further that the Governor shall not assent to, but shall reserve

•for the consideration of the President, any Bill which in the opinion of the

•Governor would, if it became law, so derogate from the powers of the High

•Court as to endanger the position which that Court is by this Constitution

•designed to fill.

SECTION Section 787

Untitled Section

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

•92 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•or Houses with or without amendment, it shall be presented again to the

•President for his consideration.

•Procedure in Financial Matters

SECTION Section 788

Untitled Section

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.

SECTION Section 789

Untitled Section

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,

•93 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•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.

SECTION Section 79

Untitled Section

73.Extent of executive power of the Union.

•Council of Ministers

SECTION Section 790

Untitled Section

204.Appropriation Bills.—(1) As soon as may be after the grants under

SECTION Section 791

Untitled Section

•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.

SECTION Section 792

Untitled Section

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

•94 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

(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.

SECTION Section 793

Untitled Section

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

SECTION Section 794

Untitled Section

•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

•95 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•for the authorisation of appropriation of moneys out of the Consolidated Fund

•of the State to meet such expenditure.

SECTION Section 795

Untitled Section

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

SECTION Section 796

Untitled Section

•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

SECTION Section 797

Untitled Section

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 brackets and words "(including the quorum to constitute a meeting of the House)"

ins.by the Constitution (Forty-second Amendment) Act, 1976, s. 35 (date not notified).

•This amendment was omitted by the Constitution (Forty-fourth Amendment) Act,

•1978, s. 45 (w.e.f. 20-6-1979).

•96 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•the Legislative Council, may make rules as to the procedure with respect to

•communications between the two Houses.

SECTION Section 798

Untitled Section

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.

SECTION Section 799

Untitled Section

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

SECTION Section 8

Untitled Section

6.Rights of citizenship of certain persons who have migrated to

•India from Pakistan.

SECTION Section 80

Untitled Section

74.Council of Ministers to aid and advise President.

SECTION Section 800

Untitled Section

•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:

•1[Provided that in relation to the 2[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:]

•3[Provided further that in relation to the 4[Legislatures of the States of

•5[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for

•______________________________________________

SECTION Section 801

Untitled Section

1.Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971).

SECTION Section 802

Untitled Section

2.Subs. by theNorth-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) s. 71, for

•"Legislature of the State of Himachal Pradesh" (w.e.f. 21-1-1972).

SECTION Section 803

Untitled Section

3.Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).

SECTION Section 804

Untitled Section

4.Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for "Legislature

•of the State of Mizoram" (w.e.f. 20-2-1987).

SECTION Section 805

Untitled Section

5.Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for

•"Arunachal Pradesh and Mizoram" (w.e.f. 30-5-1987).

•97 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•the words "fifteen years" occurring therein, the words "forty years" were

substituted.]

SECTION Section 806

Untitled Section

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.

SECTION Section 807

Untitled Section

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.

SECTION Section 808

Untitled Section

•CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR

SECTION Section 809

Untitled Section

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—

•98 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

(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.

•1(4)* * * *

•______________________________________________

SECTION Section 81

Untitled Section

75.Other provisions as to Ministers.

•The Attorney-General for India

SECTION Section 810

Untitled Section

1.Cl. (4) was ins.by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3 (with

•retrospective effect) and omitted by the Constitution (Forty-fourth Amendment)

•Act, 1978, s. 27 (w.e.f. 20-6-1979).

•99 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

SECTION Section 811

Untitled Section

•CHAPTER V.—THE HIGH COURTS IN THE STATES

SECTION Section 812

Untitled Section

214.High Courts for States.—1*** There shall be a High Court for each

State.

•2(2)* * * *

•2(3)* * * *

SECTION Section 813

Untitled Section

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.

SECTION Section 814

Untitled Section

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.

•3* * * * *

SECTION Section 815

Untitled Section

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 4[on the recommendation of the National

•Judicial Appointments Commission referred to in article 124A], and 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, 5[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 6[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

•______________________________________________

SECTION Section 816

Untitled Section

1.The bracket and figure "(1)" omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 817

Untitled Section

2.Cls. (2) and (3) omitted by s. 29 and Sch.,ibid.(w.e.f. 1-11-1956).

SECTION Section 818

Untitled Section

3.Proviso omitted by the Constitution (Seventh Amendment) Act, 1956, s. 11

•(w.e.f. 1-11-1956).

SECTION Section 819

Untitled Section

4.Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 6, for "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" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme

•Court in the case ofSupreme Court Advocates-on-Record Association and Another Vs.

•Union of India in its judgment dated 16-10-2015,AIR 2016 SC 117.

SECTION Section 82

Untitled Section

76.Attorney-General for India.

•(vi) Contents

SECTION Section 820

Untitled Section

5.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for "shall hold office

•until he attains the age of sixty years" (w.e.f. 1-11-1956).

SECTION Section 821

Untitled Section

6.Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4(a), for "sixty years"

•(w.e.f. 5-10-1963).

•100 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•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

•1***or of two or more such Courts in succession.2***

•2(c)* * * * *

Explanation.—For the purposes of this clause—

•3[(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;]

•4[(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 5[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

•______________________________________________

SECTION Section 822

Untitled Section

1.The words "in any State specified in the First Schedule" omitted by the Constitution

•(Seventh Amendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956).

SECTION Section 823

Untitled Section

2.The word "or" and sub-clause (c) were ins. by the Constitution (Forty-second

•Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the Constitution

•(Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).

SECTION Section 824

Untitled Section

3.Ins. by the Constitution (Forty-fourth Amendment) Act,1978,s. 28 (w.e.f. 20-6-1979).

SECTION Section 825

Untitled Section

4.Cl.(a) re-letteredas cl. (aa)by the Constitution (Forty-fourth Amendment) Act,1978,

s.28 (w.e.f. 20-6-1979).

SECTION Section 826

Untitled Section

5.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for "has held

•judicial office" (w.e.f. 3-1-1977).

•101 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•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.

•1[(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.]

SECTION Section 827

Untitled Section

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.

SECTION Section 828

Untitled Section

219.Oath or affirmation by Judges of High Courts.—Every person

•appointed to be a Judge of a High Court2***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.

•3[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 commencement4 of the Constitution (Seventh Amendment)

•Act, 1956.]

SECTION Section 829

Untitled Section

221.Salaries, etc., of Judges.—5[(1) There shall be paid to the Judges

•of each High Court such salaries as may be determined by Parliament by law

•______________________________________________

SECTION Section 83

Untitled Section

•ARTICLES

•Conduct of Government Business

SECTION Section 830

Untitled Section

1.Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4(b), (with retrospective

•effect).

SECTION Section 831

Untitled Section

2.The words"in a State" omitted by the Constitution (Seventh Amendment) Act, 1956,

s.29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 832

Untitled Section

3.Subs.bys. 13,ibid.(w.e.f. 1-11-1956).

SECTION Section 833

Untitled Section

4.1st November, 1956.

SECTION Section 834

Untitled Section

5.Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for clause (1)

•(w.e.f. 1-4-1986).

•102 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•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

•to leave of absence or pension shall be varied to his disadvantage after his

appointment.

SECTION Section 835

Untitled Section

222.Transfer of a Judge from one High Court to another.—(1) The

•President may, 1[on the recommendation of the National Judicial Appointments

•Commission referred to in article 124A], transfer a Judge from one High Court

•to any other High Court2***.

•3[(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.]

SECTION Section 836

Untitled Section

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.

•4[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

•______________________________________________

SECTION Section 837

Untitled Section

1.Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 7, for "after

•consultation with the Chief Justice of India" (w.e.f. 13-4-2015). This amendment has

•been struck down by the Supreme Court in the case of Supreme Court Advocates-on-

•Record Association and Another Vs. Union of India in its judgmentdated 16-10-2015,

•AIR 2016 SC 117.

SECTION Section 838

Untitled Section

2.The words "within the territory of India" omitted by the Constitution (Seventh

•Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956).

SECTION Section 839

Untitled Section

3.Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).

•Original cl. (2) was omitted by the Constitution (Seventh Amendment) Act, 1956,

s.14 (w.e.f. 1-11-1956).

SECTION Section 84

Untitled Section

77.Conduct of business of the Government of India.

SECTION Section 840

Untitled Section

4.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15 for art. 224

•(w.e.f. 1-11-1956).

•103 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•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, 1[the President

•may, in consultation with the National Judicial Appointments Commission,

•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, 1[the President may,

•in consultation with the National Judicial Appointments Commission, 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 2[sixty-two years].]

•3[224A. Appointment of retired Judges at sittings of High Courts.—

•Notwithstanding anything in this Chapter, 4[the National Judicial Appointments

•Commission on a reference made to it by the Chief Justice of a High Court for

•any State, may 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.]

•______________________________________________

SECTION Section 841

Untitled Section

1.Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 8, for "the

•President may appoint" (w.e.f. 13-4-2015). This amendment has been struck down, by

•the Supreme Court in the case of Supreme Court Advocates-on-Record Association

•and AnotherVs. Union of Indiain its judgment,dated 16-10-2015,AIR 2016 SC 117.

•2 Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 6, for "sixty years"

•(w.e.f. 5-10-1963).

SECTION Section 842

Untitled Section

3.Ins. bys. 7,ibid.(w.e.f. 5-10-1963).

SECTION Section 843

Untitled Section

4.Subs. bythe Constitution (Ninety-ninth Amendment) Act, 2014, s.9, for "the Chief

•Justice of a High Court for any State may at any time, with the previous consent of the

•President" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme

•Court in the case ofSupreme Court Advocates-on-Record Association and Another Vs.

•Union of Indiain its judgment dated 16-10-2015,AIR 2016 SC 117.

•104 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

SECTION Section 844

Untitled Section

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:

•1[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.]

•2[226. Power of High Courts to issue certain writs.—(1)

•Notwithstanding anything in article 32 3***, 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

•4[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,

•______________________________________________

SECTION Section 845

Untitled Section

1.Omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 37

•(w.e.f. 1-2-1977) and subsequently ins. by the Constitution (Forty-fourth Amendment)

•Act, 1978, s. 29 (w.e.f. 20-6-1979).

SECTION Section 846

Untitled Section

2.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38 for art. 226

•(w.e.f. 1-2-1977).

SECTION Section 847

Untitled Section

3.Thewords, figures and letters "but subject to the provisions of article 131A and article

•226A" omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 7

•(w.e.f. 13-4-1978).

SECTION Section 848

Untitled Section

4.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for the portion

•beginning with "writs in the nature of habeas corpus, mandamus, prohibition, quo

•warranto and certiorari,or any of them" and ending with "such illegality has resulted

•in substantial failure of justice." (w.e.f. 1-8-1979).

•105 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•notwithstanding that the seat of such Government or authority or the residence

•of such person is not within those territories.

•1[(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.]

•2[(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.]

•3[226A. Constitutional validity of Central laws not to be considered in

•proceedings under article 226.].—Omitted by the Constitution (Forty-third

•Amendment)Act, 1977, s. 8 (w.e.f. 13-4-1978).

SECTION Section 849

Untitled Section

227.Power of superintendence over all courts by the High Court.—

•4[(1) Every High Court shall have superintendence over all courts and tribunals

•throughout the territories in relation to which it exercises jurisdiction.]

•______________________________________________

SECTION Section 85

Untitled Section

78.Duties of Prime Minister as respects the furnishing of

•information to the President, etc.

SECTION Section 850

Untitled Section

1.Subs. bythe Constitution (Forty-fourth Amendment) Act, 1978,s.30, for cls. (3), (4),

(5)and (6)(w.e.f. 1-8-1979).

SECTION Section 851

Untitled Section

2.Cl. (7) renumbered as cl. (4)by the Constitution (Forty-fourth Amendment) Act, 1978,

s.30(w.e.f. 1-8-1979).

SECTION Section 852

Untitled Section

3.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f. 1-2-1977).

SECTION Section 853

Untitled Section

4.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 40, for cl. (1)

•(w.e.f. 1-2-1977) and further subs. by the Constitution (Forty-fourth Amendment)

•Act, 1978, s.31,for cl. (1)(w.e.f. 20-6-1979).

•106 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

(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

SECTION Section 854

Untitled Section

•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.

•1(5)* * * *

SECTION Section 855

Untitled Section

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, 2[it shall withdraw the case and

•3***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.

•______________________________________________

SECTION Section 856

Untitled Section

1.Cl. (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 40

•(w.e.f. 1-2-1977) and omitted by the Constitution (Forty-fourth Amendment)

•Act, 1978, s.31 (w.e.f. 20-6-1979).

SECTION Section 857

Untitled Section

2.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for "it shall

•withdraw the case and may—"(w.e.f. 1-2-1977).

SECTION Section 858

Untitled Section

3.The words, figures and letter, "subject to the provisions of article 131A," omitted by

•the Constitution (Forty-third Amendment) Act, 1977, s. 9 (w.e.f. 13-4-1978).

•107 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•1[228A. Special provisions as to disposal of questions relating to

•constitutional validity of State laws.].—Omitted by the Constitution (Forty-

•third Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978).

SECTION Section 859

Untitled Section

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 2***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 State2***.

(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.

•3[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

•______________________________________________

1.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977).

SECTION Section 86

Untitled Section

•CHAPTER II. PARLIAMENT

•General

SECTION Section 860

Untitled Section

2.The words "in which the High Court has its principal seat" omitted by the Constitution

•(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 861

Untitled Section

3.Subs. bys. 16,ibid.,for arts. 230, 231 and 232 (w.e.f. 1-11-1956).

•108 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•any rules, forms or tables for subordinate courts in that territory, be

•construed as a reference to the President.

SECTION Section 862

Untitled Section

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,—

•1(a)* * * * *

(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.]

•[232. Interpretation.—Articles 230, 231 and 232 subs. by articles 230

•and 231 by the Constitution (Seventh Amendment) Act, 1956, s. 16

•(w.e.f. 1-11-1956)].

SECTION Section 863

Untitled Section

CHAPTERVI.—SUBORDINATE COURTS

SECTION Section 864

Untitled Section

233.Appointment of district judges.—(1) Appointments of persons to

•______________________________________________

SECTION Section 865

Untitled Section

1.Sub-clause(a)was omitted by the Constitution (Ninety-ninth Amendment) Act, 2014,

s.10 (w.e.f. 13-4-2015).This amendment has been struck down by the Supreme Court

•vide its order the 16-10-2015 in the Supreme Court Advocates-on-Record Association

•and Another Vs. Union of India reported AIR 2016 SC 117. Before amendment,

•sub-clause(a) was as under:—

•"(a) the reference in article 217 to the Governor of the State shall be construed as

•reference to the Governors of all the States in relation to which the High Court

•exercises jurisdiction".

•109 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

•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.

•1[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 proceeding done or taken, before the

•commencement of the Constitution (Twentieth Amendment) Act, 1966

•by, or before, any person appointed, posted, promoted or transferred as a

•district judge in any State otherwise than in accordance with the

•provisions of article 233 or article 235 shall be deemed to be illegal or

•invalid or ever to have become illegal or invalid by reason only of the

•fact that such appointment, posting, promotion or transfer was not made

•in accordance with the said provisions.]

SECTION Section 866

Untitled Section

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.

•______________________________________________

SECTION Section 867

Untitled Section

1.Ins. by the Constitution (Twentieth Amendment) Act, 1966, s.2(w.e.f. 22-12-1966).

•110 THE CONSTITUTION OF INDIA

•(Part VI.—The States)

SECTION Section 868

Untitled Section

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.

SECTION Section 869

Untitled Section

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.

SECTION Section 87

Untitled Section

79.Constitution of Parliament.

SECTION Section 870

Untitled Section

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].

•______________________________________________

•Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and

Sch.(w.e.f. 1-11-1956)

•111

•PART VIII

•1[THE UNION TERRITORIES]

•2[239. Administration of Union territories.—(1) Save as otherwise

•provided by Parliament by law, every Union territory shall be administered by

•the President acting, to such extent as he thinks fit, through an administrator to

•be appointed by him with such designation as he may specify.

(2)Notwithstanding anything contained in Part VI, the President may

•appoint the Governor of a State as the administrator of an adjoining Union

•territory, and where a Governor is so appointed, he shall exercise his functions

•as such administrator independently of his Council of Ministers.]

•3*[239A. Creation of local Legislatures or Council of Ministers or

•both for certain Union territories.—(1) Parliament may by law create 4[for

•the Union territory of 5[Puducherry]]—

(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.]

•______________________________________________

SECTION Section 871

Untitled Section

1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading

•"THE STATES IN PART C OF THE FIRST SCHEDULE" (w.e.f. 1-11-1956).

SECTION Section 872

Untitled Section

2.Subs. by s. 17, ibid., for art. 239 (w.e.f. 1-11-1956).

SECTION Section 873

Untitled Section

3.Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4 (w.e.f. 28-12-1962).

SECTION Section 874

Untitled Section

4.Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for

•"for any of the Union territories of Goa, Daman and Diu and Pondicherry"

•(w.e.f. 30-5-1987).

SECTION Section 875

Untitled Section

5.Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

•"Pondicherry" (w.e.f. 1-10-2006).

•* Article 239A has been made applicable to Union Territory of Jammu and Kashmir by

•the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) S.13

•(w.e.f. 31-10-2019)

•112

•113 THE CONSTITUTION OF INDIA

•(Part VIII.—The Union Territories)

•1[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.

•2[(ba)Seats shall be reserved for women in the Legislative Assembly of

•the National Capital Territory of Delhi.

•(bb) As nearly as may be, one-third of the seats reserved for the

•Scheduled Castes in the Legislative Assembly of the National Capital Territory

•of Delhi shall be reserved for women.

•(bc) As nearly as may be, one-third of the total number of seats to be

•filled by direct election in the Legislative Assembly of the National Capital

•Territory of Delhi (including the numbers of seats reserved for women

•belonging to the Scheduled Castes) shall be reserved for women in such

•manner as Parliament may by law determine.]

(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.

•______________________________________________

1.Arts 239AA and 239 AB ins. by the Constitution (Sixty-ninth Amendment) Act, 1991,

s.2 (w.e.f. 1-2-1992).

2.ins. by the Constitution (One-hundred and Sixth Amendment) Act, 2023, s. 2 (date yet

•to be notified).

•114 THE CONSTITUTION OF INDIA

•(Part VIII.—The Union Territories)

(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 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

percent.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.

•115 THE CONSTITUTION OF INDIA

•(Part VIII.—The Union Territories)

(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.

•1[(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.

•2[(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

•3[Puducherry], 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

SECTION Section 876

Untitled Section

•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

•______________________________________________

SECTION Section 877

Untitled Section

1.Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for "(7)"

•(w.e.f. 21-12-1991).

SECTION Section 878

Untitled Section

2.Ins. by s. 3, ibid.(w.e.f. 21-12-1991).

SECTION Section 879

Untitled Section

3.Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

•"Pondicherry" (w.e.f. 1-10-2006).

•.

•116 THE CONSTITUTION OF INDIA

•(Part VIII.—The Union Territories)

SECTION Section 88

Untitled Section

80.Composition of the Council of States.

SECTION Section 880

Untitled Section

•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.]

•1[239B. Power of administrator to promulgate Ordinances during

•recess of Legislature.—(1) If at any time, except when the Legislature of 2[the

•Union territory of 3[Puducherry]] 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

•______________________________________________

1.Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971).

SECTION Section 881

Untitled Section

2.Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for "a Union

•territory referred to in clause (1) article 239A" (w.e.f. 30-5-1987).

SECTION Section 882

Untitled Section

3.Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

•"Pondicherry"(w.e.f. 1-10-2006).

•117 THE CONSTITUTION OF INDIA

•(Part VIII.—The Union Territories)

•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.]

•1(4)* * * *

•2[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;

•3[(b) Lakshadweep;]

•4[(c) Dadra and Nagar Haveliand Daman and Diu;]

•5[(d) **** ;]

•6[(e) 7[Puducherry ];]

•8(f) * * *

•9(g)* * *

•10[Provided that when any body is created under article 239A to function

•as a Legislature for the Union territory of 7[Puducherry], 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:]

•______________________________________________

1.Clause (4) ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4 (with

•retrospective effect). This amendment was omitted by the Constitution (Forty-fourth

•Amendment) Act, 1978, s. 32 (w.e.f. 20-6-1979).

2.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for art. 240 (w.e.f. 1-11-

•1956).

SECTION Section 883

Untitled Section

3.Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973

•(34 of 1973), s. 4, for entry (b) (w.e.f. 1-11-1973).

SECTION Section 884

Untitled Section

4.Subs. by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act,

•2019 (44 of 2019)s. 4(i)(w.e.f. 26-1-2020) forentry (c)whichwas ins. by the Constitution

•(Tenth Amendment) Act, 1961, s.3 (w.e.f. 11-8-1961).

SECTION Section 885

Untitled Section

5.Omitted by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories)

•Act, 2019(44 of 2019) s. 4(ii)(w.e.f. 26-1-2020).

SECTION Section 886

Untitled Section

6.Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 16-8-1962).

SECTION Section 887

Untitled Section

7.Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4 for

•"Pondicherry" (w.e.f. 1-10-2006).

SECTION Section 888

Untitled Section

8.The entry (f) relating to Mizoram omitted by the State of Mizoram Act, 1986

•(34 of 1986), s. 39 (w.e.f. 20-2-1987).

SECTION Section 889

Untitled Section

9.The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh

•Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987).

SECTION Section 89

Untitled Section

81.Composition of the House of the People.

SECTION Section 890

Untitled Section

10.Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962).

•118 THE CONSTITUTION OF INDIA

•(Part VIII.—The Union Territories)

•1[Provided further that whenever the body functioning as a Legislature

•for the Union territory of 2[Puducherry]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 3[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.]

SECTION Section 891

Untitled Section

241.High Courts for Union territories.—(1) Parliament may by law

•constitute a High Court for a 4[Union territory] or declare any court in any

•5[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.

•6[(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.]

SECTION Section 892

Untitled Section

242.[Coorg.].—Omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch.(w.e.f. 1-11-1956).

•______________________________________________

SECTION Section 893

Untitled Section

1.Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972).

SECTION Section 894

Untitled Section

2.Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

•"Pondicherry" (w.e.f. 1-10-2006).

3.Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4,for "any existing

•law" (w.e.f. 15-2-1972).

SECTION Section 895

Untitled Section

4.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "State

•specified in Part C of the First Schedule" (w.e.f. 1-11-1956).

SECTION Section 896

Untitled Section

5.Subs. bys. 29. and Sch., ibid.,for "such State"(w.e.f. 1-11-1956).

SECTION Section 897

Untitled Section

6.Subs. bys. 29,and Sch., ibid., for cls. (3) and (4)(w.e.f. 1-11-1956).

•1[PART IX

•THE PANCHAYATS

SECTION Section 898

Untitled Section

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:

•______________________________________________

SECTION Section 899

Untitled Section

1.Original Part IX relating to "The territories in PartD of the First Schedule and other

•territories not specified in that Schedule" was omitted by the Constitution (Seventh

•Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956) and subsequently ins. by the

•Constitution (Seventy-third Amendment) Act, 1992, s. 2 (w.e.f. 24-4-1993).

•119

•120 THE CONSTITUTION OF INDIA

•(Part IX.—The 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.

•121 THE CONSTITUTION OF INDIA

•(Part IX.—The Panchayats)

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

SECTION Section 9

Untitled Section

7.Rights of citizenship of certain migrants to Pakistan.

SECTION Section 90

Untitled Section

82.Readjustment after each census.

SECTION Section 900

Untitled Section

•clause (1) shall be reserved for women belonging to the Scheduled Castes or, as

•the case may be, the Scheduled Tribes.

(3)Not less than one-third (including the number of seats reserved for

•women belonging to the Scheduled Castes and the Scheduled Tribes) of the

•total number of seats to be filled by direct election in every Panchayat shall be

•reserved for women and such seats may be allotted by rotation to different

•constituencies in a Panchayat.

(4)The offices of the Chairpersons in the Panchayats at the village or

•any other level shall be reserved for the Scheduled Castes, the Scheduled

•Tribes and women in such manner as the Legislature of a State may, by law,

•provide:

•Provided that the number of offices of Chairpersons reserved for the

•Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in

•any State shall bear, as nearly as may be, the same proportion to the total

•number of such offices in the Panchayats at each level as the population of the

•Scheduled Castes in the State or of the Scheduled Tribes in the State bears to

•the total population of the State:

•Provided further that not less than one-third of the total number of offices

•of Chairpersons in the Panchayats at each level shall be reserved for women:

•Provided also that the number of offices reserved under this clause shall

•be allotted by rotation to different Panchayats at each level.

(5)The reservation of seats under clauses (1) and (2) and the reservation of

•offices of Chairpersons (other than the reservation for women) under clause (4)

•shall cease to have effect on the expiration of the period specified in article 334.

(6)Nothing in this Part shall prevent the Legislature of a State from making

•any provision for reservation of seats in any Panchayat or offices of Chairpersons in

•the Panchayats at any level in favour of backward class of citizens.

•122 THE CONSTITUTION OF INDIA

•(Part IX.—The Panchayats)

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.

•123 THE CONSTITUTION OF INDIA

•(Part IX.—The Panchayats)

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.

243I.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;

•124 THE CONSTITUTION OF INDIA

•(Part IX.—The Panchayats)

•(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.

•125 THE CONSTITUTION OF INDIA

•(Part IX.—The Panchayats)

(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.

•126 THE CONSTITUTION OF INDIA

•(Part IX.—The Panchayats)

•1[(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

SECTION Section 901

Untitled Section

•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.

243O.Bar to interference by courts in electoral matters.—

•Notwithstanding anything in this Constitution,—

(a)the validity of any law relating to the delimitation of

•constituencies or the allotment of seats to such constituencies, made or

•purporting to be made under article 243K, shall not be called in question

•in any court;

(b)no election to any Panchayat shall be called in question except by

•an election petition presented to such authority and in such manner as is

•provided for by or under any law made by the Legislature of a State.

•______________________________________________

SECTION Section 902

Untitled Section

1.Ins. by the Constitution (Eighty-third Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000).

•1[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:

•______________________________________________

SECTION Section 903

Untitled Section

1.Part IXA ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 2

•(w.e.f. 1-6-1993).

•127

•128 THE CONSTITUTION OF INDIA

•(Part IXA.—The Municipalities)

•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

SECTION Section 904

Untitled Section

•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

SECTION Section 905

Untitled Section

•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.

•129 THE CONSTITUTION OF INDIA

•(Part IXA.—The Municipalities)

243S.Constitution and composition of Wards Committees, etc.—(1)

•There shall be constituted Wards Committees, consisting of one or more wards,

•within the territorial area of a Municipality having a population of three lakhs

•or more.

(2)The Legislature of a State may, by law, make provision with respect

•to—

(a)the composition and the territorial area of a Wards Committee;

(b)the manner in which the seats in a Wards Committee shall be

filled.

(3)A member of a Municipality representing a ward within the territorial

•area of the Wards Committee shall be a member of that Committee.

(4)Where a Wards Committee consists of—

(a)one ward, the member representing that ward in the Municipality;

•or

(b)two or more wards, one of the members representing such wards

•in the Municipality elected by the members of the Wards Committee,

•shall be the Chairperson of that Committee.

(5)Nothing in this article shall be deemed to prevent the Legislature of a

•State from making any provision for the constitution of Committees in addition

•to the Wards Committees.

243T.Reservation of seats.—(1) Seats shall be reserved for the

•Scheduled Castes and the Scheduled Tribes in every Municipality and the

•number of seats so reserved shall bear, as nearly as may be, the same

•proportion to the total number of seats to be filled by direct election in that

•Municipality as the population of the Scheduled Castes in the Municipal area or

•of the Scheduled Tribes in the Municipal area bears to the total population of

•that area and such seats may be allotted by rotation to different constituencies

•in a Municipality.

(2)Not less than one-third of the total number of seats reserved under

SECTION Section 906

Untitled Section

•clause (1) shall be reserved for women belonging to the Scheduled Castes or, as

•the case may be, the Scheduled Tribes.

•130 THE CONSTITUTION OF INDIA

•(Part IXA.—The Municipalities)

(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

SECTION Section 907

Untitled Section

•clause (1) had it not been so dissolved.

•131 THE CONSTITUTION OF INDIA

•(Part IXA.—The Municipalities)

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;

•132 THE CONSTITUTION OF INDIA

•(Part IXA.—The Municipalities)

(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 243I 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.

•133 THE CONSTITUTION OF INDIA

•(Part IXA.—The Municipalities)

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

SECTION Section 908

Untitled Section

•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—

•134 THE CONSTITUTION OF INDIA

•(Part IXA.—The Municipalities)

(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:

•135 THE CONSTITUTION OF INDIA

•(Part IXA.—The Municipalities)

•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 coordinated 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.

•136 THE CONSTITUTION OF INDIA

•(Part IXA.—The Municipalities)

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.]

•1[PART IXB

•THE CO-OPERATIVE SOCIETIES

243ZH.Definitions.—In this Part, unless the context otherwise

•requires,—

(a)“authorised person” means a person referred to as such in article

•243ZQ;

(b)“board” means the board of directors or the governing body of a

•co-operative society, by whatever name called, to which the direction

•and control of the management of the affairs of a society is entrusted to;

(c)“co-operative society” means a society registered or deemed to be

•registered under any law relating to co-operative societies for the time

•being in force in any State;

(d)“multi-State co-operative society” means a society with objects

•not confined to one State and registered or deemed to be registered under

•any law for the time being in force relating to such co-operatives;

(e)“office bearer” means a President, Vice-President, Chairperson,

•Vice-Chairperson, Secretary or Treasurer, of a co-operative society and

•includes any other person to be elected by the board of any co-operative

•society;

(f)“Registrar” means the Central Registrar appointed by the Central

•Government in relation to the multi-State co-operative societies and the

•Registrar for co-operative societies appointed by the State Government

•under the law made by the Legislature of a State in relation to

•co-operative societies;

(g)“State Act” means any law made by the Legislature of a State;

(h)“State level co-operative society” means a co-operative society

•having its area of operation extending to the whole of a State and defined

•as such in any law made by the Legislature of a State.

243ZI.Incorporation of co-operative societies.—Subject to the

•provisions of this Part, the Legislature of a State may, by law, make provisions

•with respect to the incorporation, regulation and winding up of co-operative

•societies based on the principles of voluntary formation, democratic

•member-control, member-economic participation and autonomous functioning.

•______________________________________________

SECTION Section 909

Untitled Section

1.Part IXB ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 4

•(w.e.f. 15-2-2012).

•137

•138 THE CONSTITUTION OF INDIA

•(PartIXB.—Co-operative Societies)

243ZJ.Number and term of members of board and its office

bearers.—(1) The board shall consist of such number of directors as may be

•provided by the Legislature of a State, by law:

•Provided that the maximum number of directors of a co-operative

•society shall not exceed twenty-one:

•Provided further that the Legislature of a State shall, by law, provide for

•the reservation of one seat for the Scheduled Castes or the Scheduled Tribes

•and two seats for women on board of every co-operative society consisting of

•individuals as members and having members from such class of category of

persons.

(2)The term of office of elected members of the board and its office

•bearers shall be five years from the date of election and the term of office

•bearers shall be conterminouswith the term of the board:

•Provided that the board may fill a casual vacancy on the board by

•nomination out of the same class of members in respect of which the casual

•vacancy has arisen, if the term of office of the board is less than half of its

•original term.

(3)The Legislature of a State shall, by law, make provisions for

•co-option of persons to be members of the board having experience in the field

•of banking, management, finance or specialisation in any other field relating to

•the objectsand activities undertaken by the co-operative society, as members of

•the board of such society:

•Provided that the number of such co-opted members shall not exceed

•two in addition to twenty-one directors specified in the first proviso to

SECTION Section 91

Untitled Section

83.Duration of Houses of Parliament.

SECTION Section 910

Untitled Section

•clause (1):

•Provided further that such co-opted members shall not have the right to

•vote in any election of the co-operative society in their capacity as such

•member or to be eligible to be elected as office bearers of the board:

•Provided also that the functional directors of a co-operative society shall

•also be the members of the board and such members shall be excluded for the

•purpose of counting the total number of directors specified in the first proviso

•to clause (1).

•139 THE CONSTITUTION OF INDIA

•(PartIXB.—Co-operative Societies)

243ZK.Election of members of board.—(1) Notwithstanding anything

•contained in any law made by the Legislature of a State, the election of a board

•shall be conducted before the expiry of the term of the board so as to ensure

•that the newly elected members of the board assume office immediately on the

•expiry of the office of members of the outgoing board.

(2)The superintendence, direction and control of the preparation of

•electoral rolls for, and the conduct of, all elections to a co-operative society

•shall vest in such an authority or body, as may be provided by the Legislature

•of a State, by law:

•Provided that the Legislature of a State may, by law, provide for the

•procedure and guidelines for the conduct of such elections.

243ZL.Supersession and suspension of board and interim

management.—(1) Notwithstanding anything contained in any law for the

•time being in force, no board shall be superseded or kept under suspension for a

•period exceeding six months:

•Provided that the board may be superseded or kept under suspension in a

•case—

(i)of its persistent default; or

•(ii) of negligence in the performance of its duties; or

•(iii) the board has committed any act prejudicial to the interests of

•the co-operative society or its members;or

•(iv) there isstalemate in the constitution or functions of the board;

•or

(v)the authority or body as provided by the Legislature of a State,

•by law, under clause (2) of article 243ZK, has failed to conduct

•elections in accordance with the provisions of the State Act:

•Provided further that the board of any such co-operative society shall not

•be superseded or kept under suspension where there is no Government

•shareholding or loan or financial assistance or any guarantee by the

•Government:

•Provided also that in case of a co-operative society carrying on the

•business of banking, the provisions of the Banking Regulation Act, 1949

•(10 of 1949) shall also apply:

•140 THE CONSTITUTION OF INDIA

•(PartIXB.—Co-operative Societies)

•Provided also that in case of a co-operative society, other than a

•multi-State co-operative society, carrying on the business of banking, the

•provisions of this clause shall have the effect as if for the words “six months”,

•the words “one year” had been substituted.

(2)In case of supersession of a board, the administrator appointed to

•manage the affairs of such co-operative society shall arrange for conduct of

•elections within the period specified in clause (1) and handover the

•management to the elected board.

(3)The Legislature of a State may, by law, make provisions for the

•conditions of service of the administrator.

243ZM.Audit of accounts of co-operative societies.—(1) The

•Legislature of a State may, by law, make provisions with respect to the

•maintenance of accounts by the co-operative societies and the auditing of such

•accounts at least once in each financial year.

(2)The Legislature of a State shall, by law, lay down the minimum

•qualifications and experience of auditors and auditing firms that shall be

•eligible for auditing accounts of the co-operative societies.

(3)Every co-operative society shall cause to be audited by an auditor or

•auditing firms referred to in clause (2) appointed by the general body of the

•co-operative society:

•Provided that such auditors or auditing firms shall be appointed from a

•panel approved by a State Government or an authority authorised by the State

•Government in this behalf.

(4)The accounts of every co-operative society shall be audited within

•six months of the close of the financial year to which such accounts relate.

(5)The audit report of the accounts of an apex co-operative society, as

•may be defined by the State Act, shall be laid before the State Legislature in the

•manner, as may be provided by the State Legislature, by law.

243ZN.Convening of general body meetings.—The Legislature of a

•State may, by law, make provisions that the annual general body meeting of

•every co-operative society shall be convened within a period of six months of

•close of the financial year to transact the business as may be provided in such

law.

•141 THE CONSTITUTION OF INDIA

•(PartIXB.—Co-operative Societies)

243ZO.Right of a member to get information.—(1) The Legislature

•of a State may, by law, provide for access to every member of a co-operative

•society to the books, information and accounts of the co-operative society kept

•in regular transaction of its business with such member.

(2)The Legislature of a State may, by law, make provisions to ensure

•the participation of members in the management of the co-operative society

•providing minimum requirement of attending meetings by the members and

•utilising the minimum level of services as may be provided in such law.

(3)The Legislature of a State may, by law, provide for co-operative

•education and training for its members.

243ZP.Returns.—Every co-operative society shall file returns, within

•six months of the close of every financial year, to the authority designated by

•the State Government including the following matters, namely:—

(a)annual report of its activities;

(b)its audited statement of accounts;

(c)plan for surplus disposal as approved by the general body of the

•co-operative society;

(d)list of amendments to the bye-laws of the co-operative society, if

•any;

(e)declaration regarding date of holding of its general body meeting

•and conduct of elections when due; and

(f)any other information required by the Registrar in pursuance of

•any of the provisions of the State Act.

243ZQ.Offences and penalties.—(1) The Legislature of a State may,

•by law, make provisions for the offences relating to the co-operative societies

•and penalties for such offences.

(2)A law made by the Legislature of a State under clause (1) shall

•include the commission of the following act or omission as offences, namely:—

(a)a co-operative society or an officer or member thereof wilfully

•makes a false return or furnishes false information, or any person

•wilfully not furnishes any information required from him by a person

•authorised in this behalf under the provisions of the State Act;

•142 THE CONSTITUTION OF INDIA

•(PartIXB.—Co-operative Societies)

(b)any person wilfully or without any reasonable excuse disobeys

•any summons, requisition or lawful written order issued under the

•provisions of the State Act;

(c)any employer who, without sufficient cause, fails to pay to a

•co-operative society amount deducted by him from its employee within a

•period of fourteen days from the date on which such deduction is made;

(d)any officer or custodian who wilfully fails to handover custody of

•books, accounts, documents, records, cash, security and other property

•belonging to a co-operative society of which he is an officer or

•custodian, to an authorised person; and

(e)whoever, before, during or after the election of members of the

•board or office bearers, adopts any corrupt practice.

243ZR.Application to multi-State co-operative societies.—The

•provisions of this Part shall apply to the multi-State co-operative societies

•subject to the modification that any reference to “Legislature of a State”, “State

•Act” or “State Government” shall be construed as a reference to “Parliament”,

•“Central Act” or “the Central Government” respectively.

243ZS.Application to Union territories.—The provisions of this Part

•shall apply to the Union territories and shall, in their application to a Union

•territory, having no Legislative Assembly as if the references to the Legislature

•of a State were a reference to the administrator thereof appointed under

SECTION Section 911

Untitled Section

•article 239 and, in relation to a Union territory having a Legislative Assembly,

•to that Legislative Assembly:

•Provided that the President may, by notification in the Official Gazette,

•direct that the provisions of this Part shall not apply to any Union territory or

•part thereof as he may specify in the notification.

243ZT.Continuance of existing laws.— Notwithstanding anything in

•this Part, any provision of any law relating to co-operative societies in force in

•a State immediately before the commencement of the Constitution

•(Ninety-seventh Amendment) Act, 2011, 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 less.]

•PART X

•THE SCHEDULED AND TRIBAL AREAS

SECTION Section 912

Untitled Section

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 State1*** other than 2[the

•States of Assam,3[, 4[Meghalaya, Tripura and Mizoram]]].

(2)The provisions of the Sixth Schedule shall apply to the

•administration of the tribal areas in 2[the States of Assam, 3[, 5[Meghalaya,

•Tripura and Mizoram]]].

•6[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 7[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,—

•______________________________________________

SECTION Section 913

Untitled Section

1.The words and letters "specified in Part A or Part B of the First Schedule" omitted by

•the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 914

Untitled Section

2.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for

•"the State of Assam" (w.e.f. 21-1-1972).

SECTION Section 915

Untitled Section

3.Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for "and

•Meghalaya" (w.e.f. 1-4-1985).

SECTION Section 916

Untitled Section

4.Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Meghalaya and

•Tripura"(w.e.f. 20-2-1987).

5.Subs. by s. 39,ibid., for"Meghalaya and Tripura and the Union territory of Mizoram".

•(w.e.f. 20-2-1987).

SECTION Section 917

Untitled Section

6.Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 2 (w.e.f. 25-9-1969).

SECTION Section 918

Untitled Section

7.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for

•"Part A" (w.e.f. 21-1-1972).

•143

•144 THE CONSTITUTION OF INDIA

•(Part X.—The Scheduled and Tribal Areas)

(a)specify the matters enumerated in the State List or the

•Concurrent List with respect to which the Legislature of the autonomous

•State shall have power to make laws for the whole or any part thereof,

•whether to the exclusion of the Legislature of the State of Assam or

•otherwise;

(b)define the matters with respect to which the executive power

•of the autonomous State shall extend;

(c)provide that any tax levied by the State of Assam shall be

•assigned to the autonomous State in so far as the proceeds thereof are

•attributable to the autonomous State;

(d)provide that any reference to a State in any article of this

•Constitution shall be construed as including a reference to the

•autonomous State; and

(e)make such supplemental, incidental and consequential

•provisions as may be deemed necessary.

(3)An amendment of any such law as aforesaid in so far as such

•amendment relates to any of the matters specified in sub-clause (a) or

•sub-clause (b) of clause (2) shall have no effect unless the amendment is passed

•in each House of Parliament by not less than two-thirds of the members present

•and voting.

(4)Any such law as is referred to in this article shall not be deemed to

•be an amendment of this Constitution for the purposes of article 368

•notwithstanding that it contains any provision which amends or has the effect

•of amending this Constitution.]

•PART XI

•RELATIONS BETWEEN THE UNION AND THE STATES

SECTION Section 919

Untitled Section

•CHAPTER I.—LEGISLATIVE RELATIONS

•Distribution of Legislative Powers

SECTION Section 92

Untitled Section

84.Qualification for membership of Parliament.

SECTION Section 920

Untitled Section

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.

SECTION Section 921

Untitled Section

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

SECTION Section 922

Untitled Section

•clause (1), the Legislature of any State 1*** 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 State1*** 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 2[in a State]notwithstanding that

•such matter is a matter enumerated in the State List.

•3[246A.Special provision with respect to goods and services tax.—(1)

•Notwithstanding anything contained in articles 246 and 254, Parliament, and,

•subject to clause (2), the Legislature of every State, have power to make laws

•with respect to goods and services tax imposed by the Unionorby such State.

•______________________________________________

SECTION Section 923

Untitled Section

1.The words and letters "specified inPart A orPart B of the First Schedule" omitted by

•the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 924

Untitled Section

2.Subs. by s. 29 and Sch., ibid., for "in Part A or Part B of the First Schedule"

•(w.e.f. 1-11-1956).

SECTION Section 925

Untitled Section

3.Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 2

•(w.e.f. 16-9-2016).

•145

•146 THE CONSTITUTION OF INDIA

•(Part XI.—Relations between the Union and the States)

(2)Parliament has exclusive power to make laws with respect to goods

•and services tax where the supply of goods, or of services, or both takes place

•in the course of inter-State trade or commerce.

Explanation.—The provisions of this article, shall, in respect of goods

•and services tax referred to in clause (5) of article 279A, take effect from the

•date recommended by the Goods and Services Tax Council.]

SECTION Section 926

Untitled Section

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.

SECTION Section 927

Untitled Section

248.Residuary powers of legislation.—(1) 1[Subject to article 246A,

•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.

SECTION Section 928

Untitled Section

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 to2[goods and services tax provided under article

•246A or]any matter enumerated in the State List specified in the resolution, it

•shall be lawful for Parliament to make laws for the whole or any part of the

•territory of India with respect to that matter while the resolution remains in force.

(2)A resolution passed under clause (1) shall remain in force for such

•period not exceeding one year as may be specified therein:

•Provided that, if and so often as a resolution approving the continuance

•in force of any such resolution is passed in the manner provided in clause (1),

•such resolution shall continue in force for a further period of one year from the

•date on which under this clause it would otherwise have ceased to be in force.

(3)A law made by Parliament which Parliament would not but for the

•passing of a resolution under clause (1) have been competent to make shall, to the

•extent of the incompetency, cease to have effect on the expiration of a period of

•six months after the resolution has ceased to be in force, except as respects things

•done or omitted to be done before the expiration of the said period.

•______________________________________________

SECTION Section 929

Untitled Section

1.Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s.3, for

•"Parliament" (w.e.f. 16-9-2016).

SECTION Section 93

Untitled Section

85.Sessions of Parliament, prorogation and dissolution.

SECTION Section 930

Untitled Section

2.Ins. by s. 4, ibid.(w.e.f. 16-9-2016).

•147 THE CONSTITUTION OF INDIA

•(Part XI.—Relations between the Union and the States)

SECTION Section 931

Untitled Section

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 to1[goods and services

•tax provided under article 246A or]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.

SECTION Section 932

Untitled Section

251.Inconsistency between laws made by Parliament under articles

•249 and 250 and laws made by the Legislatures of States.—Nothing in

SECTION Section 933

Untitled Section

•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.

SECTION Section 934

Untitled Section

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.

•______________________________________________

SECTION Section 935

Untitled Section

1.Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 5

•(w.e.f. 16-9-2016).

•148 THE CONSTITUTION OF INDIA

•(Part XI.—Relations between the Union and the States)

(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.

SECTION Section 936

Untitled Section

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.

SECTION Section 937

Untitled Section

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 1*** 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.

SECTION Section 938

Untitled Section

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 State1***, 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—

•______________________________________________

1.The words and letters "specified in Part A or Part B of the First Schedule" omitted by

•the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•149 THE CONSTITUTION OF INDIA

•(Part XI.—Relations between the Union and the States)

(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.

SECTION Section 939

Untitled Section

•CHAPTER II.—ADMINISTRATIVE RELATIONS

•General

SECTION Section 94

Untitled Section

86.Right of President to address and send messages to Houses.

SECTION Section 940

Untitled Section

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:

SECTION Section 941

Untitled Section

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

SECTION Section 942

Untitled Section

•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.

•150 THE CONSTITUTION OF INDIA

•(Part XI.—Relations between the Union and the States)

•1[257A. [Assistance to States by deployment of armed forces or other

•forces of the Union.].—Omitted by the Constitution (Forty-fourth

•Amendment)Act,1978, s. 33 (w.e.f.20-6-1979).]

SECTION Section 943

Untitled Section

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.

•2[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.].—

•Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

•(w.e.f. 1-11-1956).

SECTION Section 944

Untitled Section

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.

•______________________________________________

SECTION Section 945

Untitled Section

1.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 43 (w.e.f. 3-1-1977).

SECTION Section 946

Untitled Section

2.Ins. by the Constitution (SeventhAmendment) Act, 1956, s. 18(w.e.f. 1-11-1956).

•151 THE CONSTITUTION OF INDIA

•(Part XI.—Relations between the Union and the States)

SECTION Section 947

Untitled Section

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

SECTION Section 948

Untitled Section

262.Adjudication of disputes relating to waters of inter-State rivers

•or river valleys.—(1) Parliament may by law provide for the adjudication of

•any dispute or complaint with respect to the use, distribution or control of the

•waters of, or in, any inter-State river or river valley.

(2)Notwithstanding anything in this Constitution, Parliament may by

•law provide that neither the Supreme Court nor any other court shall exercise

•jurisdiction in respect of any such dispute or complaint as is referred to in

SECTION Section 949

Untitled Section

•clause (1).

•Co-ordination between States

SECTION Section 95

Untitled Section

87.Special address by the President.

SECTION Section 950

Untitled Section

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

SECTION Section 951

Untitled Section

•CHAPTER I.—FINANCE

•General

•1[264. Interpretation.—In this Part, “Finance Commission” means a

•Finance Commission constituted under article 280.]

SECTION Section 952

Untitled Section

265.Taxes not to be imposed save by authority of law.—No tax shall

•be levied or collected except by authority of law.

SECTION Section 953

Untitled Section

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.

SECTION Section 954

Untitled Section

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.

•______________________________________________

1Subs.by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for art. 264

•(w.e.f. 1-11-1956).

•152

•153 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

(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 Governor1***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

SECTION Section 955

Untitled Section

268.Duties levied by the Union but collected and appropriated by

•the States.—(1) Such stamp duties 2***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 3[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.

4268A.[Service tax levied by Union and collected and appropriated by

•the Union and the States.].—Omitted by the Constitution (One Hundred and

•First Amendment) Act,2016, s. 7(w.e.f. 16-9-2016).

•______________________________________________

SECTION Section 956

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,

•1956, s. 29 and Sch. (w.e.f. 1-11-1956).

SECTION Section 957

Untitled Section

2.The words "and such duties of excise on medicinal and toilet preparations"

•omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 6,

•(w.e.f. 16-9-2016).

3.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "State

•Specified in Part C of the First Schedule" (w.e.f. 1-11-1956).

SECTION Section 958

Untitled Section

4.Ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s.2(date not notifed).

•154 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

SECTION Section 959

Untitled Section

269.Taxes levied and collected by the Union but assigned to the

States.—1[(1) Taxes on the sale or purchase of goods and taxes on the

•consignment of goods 2[except as provided in article 269A]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[(3) Parliament may by law formulate principles for determining when a

•4[sale or purchase of, or consignment of goods] takes place in the course of

•inter-State trade or commerce.]

•5[269A. Levy and collection of goods and services tax in course of

•inter-State trade or commerce.— (1) Goods and services tax on supplies in

•the course of inter-State trade or commerce shall be levied and collected by the

•Government of India and such taxshall be apportioned between the Union and

•the States in the manner as may be provided by Parliament by law on the

•recommendations of the Goods and Services Tax Council.

•______________________________________________

SECTION Section 96

Untitled Section

88.Rights of Ministers and Attorney-General as respects Houses.

•Officers of Parliament

SECTION Section 960

Untitled Section

1.Subs. by the Constitution (Eightieth Amendment) Act, 2000. s. 2, for cls. (1) and (2)

•(w.e.f. 9-6-2000).

SECTION Section 961

Untitled Section

2.Ins. by the Constitution (One Hundred and First Amendment) Act, 2016 s. 8,

•(w.e.f. 16-9-2016).

SECTION Section 962

Untitled Section

3.Ins. by the Constitution (SixthAmendment) Act, 1956, s. 3 (w.e.f. 11-9-1956).

SECTION Section 963

Untitled Section

4.Subs. by the Constitution (Forty-sixth Amendment) Act, 1982. s. 2, for "sale or

•purchase of goods" (w.e.f. 2-2-1983).

SECTION Section 964

Untitled Section

5.Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 9

•(w.e.f. 16-9-2016).

•155 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

Explanation.—For the purposes of this clause, supply of goods, or of

•services, or both in the course of import into the territory of India shall be

•deemed to be supply of goods, or of services, or both in the course of inter-

•State trade or commerce.

(2)The amount apportioned to a State under clause (1) shall not form

•part of the Consolidated Fund of India.

(3)Where an amount collected as tax levied under clause (1) has been

•used for payment of the tax levied by a State under article 246A, such amount

•shall not form part of the Consolidated Fund of India.

(4)Where an amount collected as tax levied by a State under article

•246A has been used for payment of the tax levied under clause (1), such

•amount shall not form part of the Consolidated Fund of the State.

(5)Parliament may, by law, formulate the principles for determining the

•place of supply, and when a supply of goods, or of services, or both takes place

•in the course of inter-State trade or commerce.]

•1[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 2[articles 268, 269 and 269A], 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).

•3[(1A) The tax collected by the Union under clause (1) of article 246A

•shall also be distributed between the Union and the States in the manner

•provided in clause (2).

•(1B) The tax levied and collected by the Union under clause (2) of

SECTION Section 965

Untitled Section

•article 246A and article 269A, which has been used for payment of the tax

•levied by the Union under clause (1) of article 246A, and the amount

•apportioned to the Union under clause (1) of article 269A, shall also be

•distributed between the Union and the States in the manner provided in clause

(2).]

•______________________________________________

SECTION Section 966

Untitled Section

1.Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 3, for art. 270

•(w.e.f. 1-4-1996).

2.Subs.by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 3, for “articles 268

•and 269” (not enforced) and further subs. by the Constitution (One Hundred and First

•Amendment) Act, 2016, s. 10,for “arts.268, 268A and 269”(w.e.f. 16-9-2016).

3.Ins. by s. 10, ibid.(w.e.f. 16-9-2016).

•156 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

(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

SECTION Section 967

Untitled Section

•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.]

SECTION Section 968

Untitled Section

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 1[except

•the goods and services tax under article 246A,]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.].—Omitted by the Constitution

•(Eightieth Amendment)Act, 2000, s. 4.(w.e.f. 9-6-2000).

SECTION Section 969

Untitled Section

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, 2[Odisha] 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.

•______________________________________________

SECTION Section 97

Untitled Section

89.The Chairman and Deputy Chairman of the Council of States.

SECTION Section 970

Untitled Section

1.Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 11

•(w.e.f. 16-9-2016).

SECTION Section 971

Untitled Section

2.Subs. by the Orissa (Alteration of Name) Act, 2011(15 of 2011), s. 5, for "Orissa"

•(w.e.f. 1-11-2011).

•157 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

(3)In this article, the expression “prescribed” has the same meaning as

•in article 270.

SECTION Section 972

Untitled Section

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

SECTION Section 973

Untitled Section

•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.

SECTION Section 974

Untitled Section

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—

•158 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

(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 1[Part I]of

•the table appended to paragraph 20 of the Sixth Schedule; and

(b)the costs of such schemes of development as may be

•undertaken by that State with the 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.

•2[(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

SECTION Section 975

Untitled Section

•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.

SECTION Section 976

Untitled Section

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.

•______________________________________________

SECTION Section 977

Untitled Section

1.Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) s. 71,

•for "Part A" (w.e.f. 21-1-1972).

SECTION Section 978

Untitled Section

2.Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 3 (w.e.f. 25-9-1969).

•159 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

(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 1[two thousand and five hundred rupees] per annum.

•2* * * *

(3)The power of the Legislature of a State to make laws as aforesaid

•with respect to taxes on professions, trades, callings and employments shall not

•be construed as limiting in any way the power of Parliament to make laws with

•respect to taxes on income accruing from or arising out of professions, trades,

•callings and employments.

SECTION Section 979

Untitled Section

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.].—Omitted by the Constitution (Seventh

•Amendment) Act, 1956, s. 29and Sch.(w.e.f. 1-11-1956).

SECTION Section 98

Untitled Section

90.Vacation and resignation of, and removal from, the office of

•Deputy Chairman.

SECTION Section 980

Untitled Section

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

SECTION Section 981

Untitled Section

•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.

•______________________________________________

SECTION Section 982

Untitled Section

1.Subs. by the Constitution (Sixtieth Amendment) Act, 1988, s. 2, for "two hundred and

•fifty rupees" (w.e.f. 20-12-1988).

SECTION Section 983

Untitled Section

2.Proviso omitted bys.2, ibid.(w.e.f. 20-12-1988).

•160 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

•1[279A. Goods and Services Tax Council.—(1) The President shall,

•within sixty days from the date of commencement of the Constitution (One

•Hundred and First Amendment) Act, 2016, by order, constitute a Council to be

•called the Goods and Services Tax Council.

(2)The Goods and Services Tax Council shall consist of the following

•members, namely:—

(a)the Union Finance Minister—Chairperson;

(b)the Union Minister of State in charge of Revenue or

•Finance — Member;

(c)the Minister in charge of Finance or Taxation or any other

•Ministernominated by each State Government—Members.

(3)The Members of the Goods and Services Tax Council referred to in

•sub-clause (c) of clause (2) shall, as soon as may be, choose one amongst

•themselves to be the Vice-Chairperson of the Council for such period as they

•may decide.

(4)The Goods and Services Tax Council shall make recommendations to

•the Union and the States on—

(a)the taxes, cesses and surcharges levied by the Union, the

•States and the local bodies which may be subsumed in the goods and

•services tax;

(b)the goods and services that may be subjected to, or exempted

•from,the goods and services tax;

(c)model Goods and Services Tax Laws, principles of levy,

•apportionment of Goods and Services Tax levied on supplies in the

•course of inter-State trade or commerce under article 269A and the

•principles that govern the place of supply;

(d)the threshold limit of turnover below which goods and services

•may be exempted from goods and services tax;

(e)the rates including floor rates with bands of goods and services

•tax;

(f)any special rate or rates for a specified period, to raise

•additionalresources during any natural calamity or disaster;

•______________________________________________

SECTION Section 984

Untitled Section

1.Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 12

•(w.e.f. 12-9-2016).

•161 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

(g)special provision with respect to the States of Arunachal

•Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram,

•Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and

(h)any other matter relating to the goods and services tax, as the

•Council may decide.

(5)The Goods and Services Tax Council shall recommend the date on

•which the goods and services tax be levied on petroleum crude, high speed

•diesel, motor spirit (commonly known as petrol), natural gas and aviation

•turbine fuel.

(6)While discharging the functions conferred by this article, the Goods

•and Services Tax Council shall be guided by the need for a harmonised

•structure of goods and services tax and for the development of a harmonised

•national market for goods and services.

(7)One-half of the total number of Members of the Goods and Services

•Tax Council shall constitute the quorum at its meetings.

(8)The Goods and Services Tax Council shall determine the procedure

•in the performance of its functions.

(9)Every decision of the Goods and Services Tax Council shall be taken

•at a meeting, by a majority of not less than three-fourths of the weighted votes

•of the members present and voting, in accordance with the following principles,

•namely:—

(a)the vote of the Central Government shall have a weightage of

•one-third of the total votes cast;and

(b)the votes of all the State Governments taken together shall

•have a weightage of two-thirds of the total votes cast,

•in that meeting.

(10)No act or proceedings of the Goods and Services Tax Council shall

•be invalid merely by reason of—

(a)any vacancy in, or any defect in, the constitution of the

•Council; or

(b)any defect in the appointment of a person as a Member of the

•Council; or

(c)any procedural irregularity of the Council not affecting the

•merits of the case.

(11)The Goods and Services Tax Council shall establish a mechanism to

•adjudicate any dispute—

•162 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

(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 side; or

(c)between two or more States,

•arising out of the recommendations of the Council or implementation thereof.]

SECTION Section 985

Untitled Section

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;

•1[(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;]

•2[(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;]

•3[(d)] any other matter referred to the Commission by the

•President in the interests of sound finance.

(4)The Commission shall determine their procedure and shall have such

•powers in the performance of their functions as Parliament may by law confer

•on them.

•______________________________________________

SECTION Section 986

Untitled Section

1.Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 3 (w.e.f. 24-4-1993).

SECTION Section 987

Untitled Section

2.Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 3 (w.e.f. 1-6-1993).

SECTION Section 988

Untitled Section

3.Sub-clause (c) re-letteredas sub-clause (d) bys. 3,ibid. (w.e.f. 1-6-1993).

•163 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

SECTION Section 989

Untitled Section

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

SECTION Section 99

Untitled Section

91.Power of the Deputy Chairman or other person to perform the

•duties of the office of, or to act as, Chairman.

SECTION Section 990

Untitled Section

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.

SECTION Section 991

Untitled Section

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 Governor1*** of the State.

SECTION Section 992

Untitled Section

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,

•______________________________________________

SECTION Section 993

Untitled Section

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)

•Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

•164 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

•shall be paid into the public account of India or the public account of State, as

•the case may be.

SECTION Section 994

Untitled Section

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.

SECTION Section 995

Untitled Section

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 1[the supply of goods or of services or both, where such supply takes

•place]—

(a)outside the State; or

(b)in the course of the import of the 2[goods or services or both]

•into, or export of the2[goods or services or both]out of, the territory of

India.

•3[* * * *]

•4[(2) Parliament may by law formulate principles for determining when a

•5[supply of goods or of services or both] in any of the ways mentioned in

SECTION Section 996

Untitled Section

•clause (1).

•6[(3)* * * *]

SECTION Section 997

Untitled Section

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

•______________________________________________

1.Subs. by theConstitution (One Hundred and First Amendment) Act, 2016, s. 13,(i)(A)

•for "the sale or purchase of goods where such sale or purchase takes place"

•(w.e.f. 16-9-2016).

2.Subs. by s. 13 (i)(B),ibid., for "goods"(w.e.f. 16-9-2016).

SECTION Section 998

Untitled Section

3.Explanation to cl. (1) omitted by the Constitution (Sixth Amendment) Act, 1956, s. 4

•(w.e.f. 11-9-1956).

SECTION Section 999

Untitled Section

4.Subs. by s.4,ibid.,for cls. (2) and (3)(w.e.f. 11-9-1956).

5.Subs. by theConstitution (One Hundred and First Amendment) Act, 2016,s. 13(ii),

•for "sale or purchase of goods takes place" (w.e.f. 16-9-2016).

6.Cl. (3) omittedbys. 13 (iii),ibid.(w.e.f. 16-9-2016).

•165 THE CONSTITUTION OF INDIA

•(Part XII.—Finance, Property, Contracts and Suits)

•(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.