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THE CONSTITUTION OF INDIA
THE CONSTITUTION OF INDIA
Articles
PREAMBLE
Article 1
PART I
PART I - THE UNION AND ITS TERRITORY
Article 2Article 1. Name and territory of the Union.
Article 1Article 2. Admission or establishment of new States.
Article 2Article 2A. Sikkim to be associated with the Union. —Omitted..
Article 2AArticle 3. Formation of new States and alteration of areas, boundaries or.
Article 3Article 4. Laws made under articles 2 and 3 to provide for the amendment of.
Article 4
PART II
PART II - CITIZENSHIP
Article 8Article 5. Citizenship at the commencement of the Constitution.
Article 5Article 6. Rights of citizenship of certain persons who have migrated to.
Article 6Article 7. Rights of citizenship of certain migrants to Pakistan.
Article 7Article 8. Rights of citizenship of certain persons of Indian origin residing.
Article 8Article 9. Persons voluntarily acquiring citizenship of a foreign State not to.
Article 9Article 10. Continuance of the rights of citizenship.
Article 10Article 11. Parliament to regulate the right of citizenship by law.
Article 11
PART III
PART III - FUNDAMENTAL RIGHTS
Article 16Article 12. Definition.
Article 12Article 13. Laws inconsistent with or in derogation of the fundamental.
Article 13Article 14. Equality before law.
Article 14Article 15. Prohibition of discrimination on grounds of religion, race, caste,.
Article 15Article 16. Equality of opportunity in matters of public employment.
Article 16Article 18. Abolition of titles.
Article 18Article 20. Protection in respect of conviction for offences.
Article 20Article 21A. Right to education.
Article 21AArticle 23. Prohibition of traffic in human beings and forced labour.
Article 23Article 25. Freedom of conscience and free profession, practice and.
Article 25Article 27. Freedom as to payment of taxes for promotion of any particular.
Article 27Article 28. Freedom as to attendance at religious instruction or religious.
Article 28Article 29. Protection of interests of minorities.
Article 29Article 30. Right of minorities to establish and administer educational.
Article 30Article 31. Compulsory acquisition of property —Omitted.
Article 31Article 31A. Saving of Laws providing for acquisition of estates, etc.
Article 31AArticle 31B. Validation of certain Acts and Regulations.
Article 31BArticle 31C. Saving of laws giving effect to certain directive principles.
Article 31CArticle 31D. Saving of laws in respect of anti-national activities. —Omitted.
Article 31DArticle 32. Remedies for enforcement of rights conferred by this Part.
Article 32Article 32A. Constitutional validity of State laws not to be considered in.
Article 32AArticle 33. Power of Parliament to modify the rights conferred by this Part.
Article 33Article 34. Restriction on rights conferred by this Part while martial law is.
Article 34Article 35. Legislation to give effect to the provisions of this Part.
Article 35
PART IV
PART IV - DIRECTIVE PRINCIPLES OF STATE POLICY
Article 41Article 36. Definition.
Article 36Article 37. Application of the principles contained in this Part.
Article 37Article 38. State to secure a social order for the promotion of welfare of the.
Article 38Article 39. Certain principles of policy to be followed by the State.
Article 39Article 39A. Equal justice and free legal aid.
Article 39AArticle 40. Organisation of village panchayats.
Article 40Article 42. Provision for just and humane conditions of work and maternity.
Article 42Article 43. Living wage, etc., for workers.
Article 43Article 43A. Participation of workers in management of Industries.
Article 43AArticle 43B. Promotion of co-operative societies.
Article 43BArticle 44. Uniform civil code for the citizens.
Article 44Article 48. Organisation of agriculture and animal husbandry.
Article 48Article 50. Separation of judiciary from executive.
Article 50Article 51. Promotion of international peace and security.
Article 51
PART IVA
PART IVA - FUNDAMENTAL DUTIES
Article 56Article 51A. Fundamental duties.
Article 51A
PART V
PART V - THE UNION
Article 58Article 52. The President of India.
Article 52Article 53. Executive power of the Union.
Article 53Article 54. Election of President.
Article 54Article 55. Manner of election of President.
Article 55Article 56. Term of office of President.
Article 56Article 57. Eligibility for re-election.
Article 57Article 58. Qualifications for election as President.
Article 58Article 59. Conditions of President’s office.
Article 59Article 60. Oath or affirmation by the President.
Article 60Article 61. Procedure for impeachment of the President.
Article 61Article 62. Time of holding election to fill vacancy in the office of President.
Article 62Article 63. The Vice-President of India.
Article 63Article 64. The Vice-President to be ex officio Chairman of the Council of.
Article 64Article 65. The Vice-President to act as President or to discharge his.
Article 65Article 66. Election of Vice-President.
Article 66Article 67. Term of office of Vice-President.
Article 67Article 68. Time of holding election to fill vacancy in the office of Vice-President.
Article 68Article 69. Oath or affirmation by the Vice-President.
Article 69Article 70. Discharge of President’s functions in other contingencies.
Article 70Article 71. Matters relating to, or connected with, the election of a President.
Article 71Article 72. Power of President to grant pardons, etc., and to suspend, remit.
Article 72Article 73. Extent of executive power of the Union.
Article 73Article 74. Council of Ministers to aid and advise President.
Article 74Article 75. Other provisions as to Ministers.
Article 75Article 76. Attorney-General for India.
Article 76Article 77. Conduct of business of the Government of India.
Article 77Article 78. Duties of Prime Minister as respects the furnishing of.
Article 78
CHAPTER II
CHAPTER II - PARLIAMENT
Article 86Article 79. Constitution of Parliament.
Article 79Article 80. Composition of the Council of States.
Article 80Article 81. Composition of the House of the People.
Article 81Article 82. Readjustment after each census.
Article 82Article 83. Duration of Houses of Parliament.
Article 83Article 84. Qualification for membership of Parliament.
Article 84Article 85. Sessions of Parliament, prorogation and dissolution.
Article 85Article 86. Right of President to address and send messages to Houses.
Article 86Article 87. Special address by the President.
Article 87Article 88. Rights of Ministers and Attorney-General as respects Houses.
Article 88Article 89. The Chairman and Deputy Chairman of the Council of States.
Article 89Article 90. Vacation and resignation of, and removal from, the office of.
Article 90Article 91. Power of the Deputy Chairman or other person to perform the.
Article 91Article 92. The Chairman or the Deputy Chairman not to preside while a.
Article 92Article 93. The Speaker and Deputy Speaker of the House of the People.
Article 93Article 94. Vacation and resignation of, and removal from, the offices of.
Article 94Article 95. Power of the Deputy Speaker or other person to perform the.
Article 95Article 96. The Speaker or the Deputy Speaker not to preside while a.
Article 96Article 97. Salaries and allowances of the Chairman and Deputy Chairman.
Article 97Article 98. Secretariat of Parliament.
Article 98Article 99. Oath or affirmation by members.
Article 99Article 100. Voting in Houses, power of Houses to act notwithstanding.
Article 100Article 101. Vacation of seats.
Article 101Article 102. Disqualifications for membership.
Article 102Article 103. Decision on questions as to disqualifications of members.
Article 103Article 104. Penalty for sitting and voting before making oath or affirmation.
Article 104Article 105. Powers, privileges, etc., of the Houses of Parliament and of the.
Article 105Article 106. Salaries and allowances of members.
Article 106Article 107. Provisions as to introduction and passing of Bills.
Article 107Article 108. Joint sitting of both Houses in certain cases.
Article 108Article 109. Special procedure in respect of Money Bills.
Article 109Article 110. Definition of “Money Bills”.
Article 110Article 111. Assent to Bills.
Article 111Article 112. Annual financial statement.
Article 112Article 113. Procedure in Parliament with respect to estimates.
Article 113Article 114. Appropriation Bills.
Article 114
CHAPTER III
CHAPTER III - LEGISLATIVE POWERS OF THE
Article 123
CHAPTER IV
CHAPTER IV - THE UNION JUDICIARY
Article 124Article 124A. National Judicial Appointment s Commission.
Article 124AArticle 124B. Functions of Commission.
Article 124BArticle 124C. Power of Parliament to make law.
Article 124CArticle 135. Jurisdiction and powers of the Federal Court under existing law.
Article 135Article 136. Special leave to appeal by the Supreme Court.
Article 136Article 137. Review of judgments or orders by the Supreme Court.
Article 137Article 138. Enlargement of the jurisdiction of the Supreme Court.
Article 138Article 139. Conferment on the Supreme Court of powers to issue certain.
Article 139Article 139A. Transfer of certain cases.
Article 139AArticle 140. Ancillary powers ofthe Supreme Court.
Article 140Article 141. Law declared by Supreme Court to be binding on all courts.
Article 141Article 142. Enforcement of decrees and orders of the Supreme Court and.
Article 142Article 143. Power of the President to consult the Supreme Court.
Article 143Article 144. Civil and judicial authorities to act in aid of the Supreme.
Article 144Article 144A. Special provisions as to disposal of questions relating to.
Article 144AArticle 145. Rules of Court, etc.
Article 145Article 146. Officers and servants and the expenses of the Supreme Court.
Article 146Article 147. Interpretation.
Article 147
CHAPTER V
CHAPTER V - COMPTROLLER AND AUDITOR-
Article 143Article 148. Comptroller and Auditor-General of India.
Article 148Article 149. Duties and powers of the Comptroller and Auditor-General.
Article 149Article 150. Form of accounts of the Union and of the States.
Article 150Article 151. Audit reports.
Article 151
PART VI
PART VI - THE STATES
Article 148
CHAPTER I
CHAPTER I - GENERAL
Article 149Article 152. Definition.
Article 152
CHAPTER II
CHAPTER II - THE EXECUTIVE
Article 151Article 153. Governors of States.
Article 153Article 154. Executive power of State.
Article 154Article 155. Appointment of Governor.
Article 155Article 156. Term of office of Governor.
Article 156Article 157. Qualifications for appointment as Governor.
Article 157Article 158. Conditions of Governor’s office.
Article 158Article 159. Oath or affirmation by the Governor.
Article 159Article 160. Discharge of the functions of the Governor in certain.
Article 160Article 161. Power of Governor to grant pardons, etc., and to suspend, remit.
Article 161Article 162. Extent of executive power of State.
Article 162Article 163. Council of Ministers to aid and advise Governor.
Article 163Article 164. Other provisions as to Ministers.
Article 164Article 165. Advocate-General for the State.
Article 165Article 166. Conduct of business of the Government of a State.
Article 166Article 167. Duties of Chief Minister as respects the furnishing of.
Article 167
CHAPTER III
CHAPTER III - THE STATE LEGISLATURE
Article 167Article 168. Constitution of Legislatures in States.
Article 168Article 169. Abolition or creation of Legislative Councils in States.
Article 169Article 170. Composition of the Legislative Assemblies.
Article 170Article 171. Composition of the Legislative Councils.
Article 171Article 172. Duration of State Legislatures.
Article 172Article 173. Qualification for membership of the State Legislature.
Article 173Article 174. Sessions of the State Legislature, prorogation and dissolution.
Article 174Article 175. Right of Governor to address and send messages to the House or.
Article 175Article 176. Special address by the Governor.
Article 176Article 177. Rights of Ministers and Advocate-General as respects the.
Article 177Article 178. The Speaker and Deputy Speaker of the Legislative Assembly.
Article 178Article 179. Vacation and resignation of, and removal from, the offices of.
Article 179Article 180. Power of the Deputy Speaker or other person to perform the.
Article 180Article 181. The Speaker or the Deputy Speaker not to preside while a.
Article 181Article 182. The Chairman and Deputy Chairman of the Legislative Council.
Article 182Article 183. Vacation and resignation of, and removal from, the offices of.
Article 183Article 184. Power of the Deputy Chairman or other person to perform the.
Article 184Article 185. The Chairman or the Deputy Chairman not to preside while a.
Article 185Article 186. Salaries and allowances of the Speaker and Deputy Speaker and.
Article 186Article 187. Secretariat of State Legislature.
Article 187Article 188. Oath or affirmation by members.
Article 188Article 189. Voting in Houses, power of Houses to act notwithstanding.
Article 189Article 190. Vacation of seats.
Article 190Article 191. Disqualifications for membership.
Article 191Article 192. Decision on questions as to disqualifications of members.
Article 192Article 193. Penalty for sitting and voting before making oath or affirmation.
Article 193Article 194. Powers, privileges, etc., of the Houses of Legislatures and of the.
Article 194Article 195. Salaries and allowances of members.
Article 195Article 196. Provisions as to introduction and passing of Bills.
Article 196Article 197. Restriction on powers of Legislative Council as to Bills other.
Article 197Article 198. Special procedure in respect of Money Bills.
Article 198Article 199. Definition of “Money Bills”.
Article 199Article 200. Assent to Bills.
Article 200Article 201. Bills reserved for consideration.
Article 201Article 202. Annual financial statement.
Article 202Article 203. Procedure in Legislature with respect to estimates.
Article 203Article 204. Appropriation Bills.
Article 204Article 205. Supplementary, additional or excess grants.
Article 205Article 206. Votes on account, votes of credit and exceptional grants.
Article 206Article 207. Special provisions as to financial Bills.
Article 207Article 208. Rules of procedure.
Article 208Article 209. Regulation by law of procedure in the Legislature of the State in.
Article 209
CHAPTER IV
CHAPTER IV - LEGISLATIVE POWER OF THE
Article 210
CHAPTER V
CHAPTER V - THE HIGH COURTS IN THE
Article 211Article 229. Officers and servants and the expenses of High Courts.
Article 229Article 230. Extension of jurisdiction of High Courts to Union territories.
Article 230Article 231. Establishment of a common High Court for two or more States.
Article 231Article 232. Articles 230, 231 and 232 substituted by articles 230 and 231].
Article 232
CHAPTER VI
CHAPTER VI - SUBORDINATE COURTS
Article 216Article 233. Appointment of district judges.
Article 233Article 233A. Validation of appointments of, and judgments, etc., delivered by,.
Article 233AArticle 234. Recruitment of persons other than district judges to the judicial.
Article 234Article 235. Control over subordinate courts.
Article 235Article 236. Interpretation.
Article 236Article 237. Application of the provisions of this Chapter to certain class or.
Article 237
PART VIII
PART VIII - THE UNION TERRITORIES
Article 223Article 239. Administration of Union territories.
Article 239Article 239A. Creation of local Legislatures or Council of Ministers or both for.
Article 239AArticle 239AA. Special provisions with respect to Delhi.
Article 239AAArticle 239AB. Provision in case of failure of constitutional machinery.
Article 239ABArticle 239B. Power of administrator to promulgate Ordinances during recess.
Article 239BArticle 240. Power of President to make regulations for certain Union.
Article 240Article 241. High Courts for Union territories.
Article 241Article 242. Coorg. Omitted..
Article 242Article 243. Definitions.
Article 243Article 243A. Gram Sabha.
Article 243AArticle 243B. Constitution of Panchayats.
Article 243BArticle 243C. Composition of Panchayats.
Article 243CArticle 243D. Reservation of seats.
Article 243DArticle 243E. Duration of Panchayats, etc.
Article 243EArticle 243F. Disqualifications for membership.
Article 243FArticle 243G. Powers, authority and responsibilities of Panchayats.
Article 243GArticle 243H. Powers to impose taxes by, and Funds of, the Panchayats.
Article 243HArticle 243-I. Constitution of Finance Commission to review financial.
Article 243-IArticle 243J. Audit of accounts of Panchayats.
Article 243JArticle 243K. Elections to the Panchayats.
Article 243KArticle 243L. Application to Union territories.
Article 243LArticle 243M. Part not to apply to certain areas.
Article 243MArticle 243N. Continuance of existing laws and Panchayats.
Article 243NArticle 243-O. Bar to interference by courts in electoral matters.
Article 243-OArticle 243P. Definitions.
Article 243PArticle 243Q. Constitution of Municipalities.
Article 243QArticle 243R. Composition of Municipalities.
Article 243RArticle 243S. Constitution and composition of Wards Committees, etc.
Article 243SArticle 243T. Reservation of seats.
Article 243TArticle 243U. Duration of Municipalities, etc.
Article 243UArticle 243V. Disqualifications for membership.
Article 243VArticle 243W. Powers, authority and responsibilities of Municipalities, etc.
Article 243WArticle 243X. Power to impose taxes by, and Funds of, the Municipalities.
Article 243XArticle 243Y. Finance Commission.
Article 243YArticle 243Z. Audit of accounts of Municipalities.
Article 243ZArticle 243ZA. Elections to the Municipalities.
Article 243ZAArticle 243ZB. Application to Union territories.
Article 243ZBArticle 243ZC. Part not to apply to certain areas.
Article 243ZCArticle 243ZD. Committee for district planning.
Article 243ZDArticle 243ZE. Committee for Metropolitan planning.
Article 243ZEArticle 243ZF. Continuance of existing laws and Municipalities.
Article 243ZFArticle 243ZG. Bar to interference by courts in electoral matters.
Article 243ZG
PART IXB
PART IXB - THE CO-OPERATIVE SOCIETIES
Article 266Article 243ZH. Definitions.
Article 243ZHArticle 243Z-I. Incorporation of co-operative societies.
Article 243Z-IArticle 243ZJ. Number and term of members of board and its office bearers.
Article 243ZJArticle 243ZK. Election of members of board.
Article 243ZKArticle 243ZL. Supersession and suspension of board and interim management.
Article 243ZLArticle 243ZM. Audit of accounts of co-operative societies.
Article 243ZMArticle 243ZN. Convening of general body meetings.
Article 243ZNArticle 243Z-O. Right of a member to get information.
Article 243Z-OArticle 243ZP. Returns.
Article 243ZPArticle 243ZQ. Offences and penalties.
Article 243ZQArticle 243ZR. Application to multi-State co-operative societies.
Article 243ZRArticle 243ZS. Application to Union territories.
Article 243ZSArticle 243ZT. Continuance of existing laws.
Article 243ZT
PART X
PART X - THE SCHEDULED AND TRIBAL AREAS
Article 280Article 244. Administration of Scheduled Areas and Tribal Areas.
Article 244Article 244A. Formation of an autonomous State comprising certain tribal.
Article 244A
PART XI
PART XI - RELATIONS BETWEEN THE UNION AND THE
Article 283
CHAPTER I
CHAPTER I - LEGISLATIVE RELATIONS
Article 284Article 245. Extent of laws made by Parliament and by the Legislatures of.
Article 245Article 246. Subject-matter of laws made by Parliament and by the.
Article 246Article 246A. Special provision with respect to goods and services tax.
Article 246AArticle 247. Power of Parliament to provide for the establishment of certain.
Article 247Article 248. Residuary powers of legislation.
Article 248Article 249. Power of Parliament to legislate with respect to a matter in the.
Article 249Article 250. Power of Parliament to legislate with respect to any matter in the.
Article 250Article 251. Inconsistency between laws made by Parliament under articles.
Article 251Article 252. Power of Parliament to legislate for two or more States by.
Article 252Article 253. Legislation for giving effect to international agreements.
Article 253Article 254. Inconsistency between laws made by Parliament and laws made.
Article 254Article 255. Requirements as to recommendations and previous sanctions to.
Article 255
CHAPTER II
CHAPTER II - ADMINISTRATIVE RELATIONS
Article 297Article 256. Obligation of States and the Union.
Article 256Article 257. Control of the Union over States in certain cases.
Article 257Article 257A. Assistance to States by deployment of armed forces or other.
Article 257AArticle 258. Power of the Union to confer powers, etc., on States in certain.
Article 258Article 258A. Power of the States to entrust functions to the Union.
Article 258AArticle 259. Armed Forces in States in Part B of the FirstSchedule.
Article 259Article 260. Jurisdiction of the Union in relation to territories outside India.
Article 260Article 261. Public acts, records and judicial proceedings.
Article 261Article 262. Adjudication of disputes relating to waters of inter-State rivers.
Article 262Article 263. Provisions with respect to an inter-State Council.
Article 263
PART XII
PART XII - FINANCE, PROPERTY, CONTRACTS AND SUITS
Article 308
CHAPTER I
CHAPTER I - FINANCE
Article 309Article 264. Interpretation.
Article 264Article 265. Taxes not to be imposed save by authority of law.
Article 265Article 266. Consolidated Funds and public accounts of India and of the.
Article 266Article 267. Contingency Fund.
Article 267Article 268. Duties levied by the Union but collected and appropriated by the.
Article 268Article 268A. Service tax levied by Union and collected by the Union and the.
Article 268AArticle 269. Taxes levied and collected by the Union but assigned to the.
Article 269Article 269A. Levy and collection of goods and services tax in course of inter-.
Article 269AArticle 270. Taxes levied and distributed between the Union and the States.
Article 270Article 271. Surcharge on certain duties and taxes for purposes of the Union.
Article 271Article 272. Taxes which are levied and collected by the Union and may be.
Article 272Article 273. Grants in lieu of export duty on jute and jute products.
Article 273Article 274. Prior recommendation of President required to Bills affecting.
Article 274Article 275. Grants from the Union to certain States.
Article 275Article 276. Taxes on professions, trades, callings and employments.
Article 276Article 277. Savings.
Article 277Article 278. Agreement with States in Part B of the First Schedule with.
Article 278Article 279. Calculation of “net proceeds”, etc.
Article 279Article 279A. Goods and Services Tax Council.
Article 279AArticle 280. Finance Commission.
Article 280Article 281. Recommendations of the Finance Commission.
Article 281Article 282. Expenditure defrayable by the Union or a State out of its.
Article 282Article 283. Custody, etc., of Consolidated Funds, Contingency Funds and.
Article 283Article 284. Custody of suitors’ deposits and other moneys received by.
Article 284Article 285. Exemption of property of the Union from State taxation.
Article 285Article 286. Restrictions as to imposition of tax on the sale or purchase of.
Article 286Article 287. Exemption from taxes on electricity.
Article 287
CHAPTER II
CHAPTER II - BORROWING
Article 337
CHAPTER III
CHAPTER III - PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,
Article 338
CHAPTER IV
CHAPTER IV - RIGHT TO PROPERTY
Article 339
PART XIII
PART XIII - TRADE, COMMERCE AND INTERCOURSE WITHINTHE TERRITORY OF INDIA
Article 340Article 304. Restrictions on trade, commerce and intercourse among States.
Article 304Article 305. Saving of existing laws and laws providing for State monopolies.
Article 305Article 306. Power of certain States in Part B of the First Schedule to.
Article 306Article 307. Appointment of authority for carrying out the purposes of.
Article 307
PART XIV
PART XIV - SERVICES UNDER THE UNION AND THE STATES
Article 345
CHAPTER I
CHAPTER I - SERVICES
Article 346Article 308. Interpretation.
Article 308Article 309. Recruitment and conditions of service of persons serving the.
Article 309Article 310. Tenure of office of persons serving the Union or a State.
Article 310Article 311. Dismissal, removal or reduction in rank of persons employed in.
Article 311Article 312. All-India services.
Article 312Article 312A. Power of Parliament to vary or revoke conditions of service of.
Article 312AArticle 313. Transitional provisions.
Article 313Article 314. Provision for protection of existing officers of certain services.
Article 314
CHAPTER II
CHAPTER II - P UBLIC SERVICE COMMISSIONS
Article 355Article 315. Public Service Commissions for the Union and for the States.
Article 315Article 316. Appointment and term of office of members.
Article 316Article 317. Removal and suspension of a member of a Public Service.
Article 317Article 318. Power to make regulations as to conditions of service of.
Article 318Article 319. Prohibition as to the holding of offices by members of.
Article 319Article 320. Functions of Public Service Commissions.
Article 320Article 321. Power to extend functions of Public Service Commissions.
Article 321Article 322. Expenses of Public Service Commissions.
Article 322Article 323. Reports of Public Service Commissions.
Article 323
PART XIVA
PART XIVA - TRIBUNALS
Article 365Article 323A. Administrative tribunals.
Article 323AArticle 323B. Tribunals for other matters.
Article 323B
PART XV
PART XV - ELECTIONS
Article 368Article 324. Superintendence, direction and control of elections to be vested.
Article 324Article 325. No person to be ineligible for inclusion in, or to claim to be.
Article 325Article 326. Elections to the House of the People and to the Legislative.
Article 326Article 327. Power of Parliament to make provision with respect to elections.
Article 327Article 328. Power of Legislature of a State to make provision with respect to.
Article 328Article 329. Bar to interference by courts in electoral matters.
Article 329Article 329A. Special provision as to elections to Parliament in the case of.
Article 329A
PART XVI
PART XVI - SPECIAL PROVISIONS RELATING TO CERTAIN
Article 376Article 330. Reservation of seats for Scheduled Castes and Scheduled Tribes.
Article 330Article 330A. Reservation of seats for women in the House of the People.
Article 330AArticle 331. Representation of the Anglo-Indian community in the House of.
Article 331Article 332. Reservation of seats for Scheduled Castes and Scheduled Tribes.
Article 332Article 332A. Reservation of seats for women in the Legislative Assemblies of.
Article 332AArticle 333. Representation of the Anglo-Indian community in the.
Article 333Article 334. Reservation of seats and special representation to cease after.
Article 334Article 334A. Reservation of seats for women take effect.
Article 334AArticle 335. Claims of Scheduled Castes and Scheduled Tribes to services.
Article 335Article 336. Special provision for Anglo-Indian community in certain.
Article 336Article 337. Special provision with respect to educational grants for the.
Article 337Article 338. National Commission for Scheduled Castes.
Article 338Article 338A. National Commission for Scheduled Tribes.
Article 338AArticle 338B. National Commission for Backward Classes.
Article 338BArticle 339. Control of the Union over the administration of Scheduled Areas.
Article 339Article 340. Appointment of a Commission to investigate the conditions of.
Article 340Article 341. Scheduled Castes.
Article 341Article 342. Scheduled Tribes.
Article 342Article 342A. Sociallyand educationally backward classes.
Article 342A
PART XVII
PART XVII - OFFICIAL LANGUAGE
Article 396
CHAPTER I
CHAPTER I - L ANGUAGE OF THE UNION
Article 397Article 343. Official language of the Union.
Article 343Article 344. Commission and Committee of Parliament on official language.
Article 344
CHAPTER II
CHAPTER II - REGIONAL LANGUAGES
Article 400Article 345. Official language or languages of a State.
Article 345Article 346. Official language for communication between one State and.
Article 346Article 347. Special provision relating to language spoken by a section of the.
Article 347
CHAPTER III
CHAPTER III - LANGUAGE OF THE SUPREME COURT,
Article 404Article 348. Language to be used in the Supreme Court and in the High.
Article 348Article 349. Special procedure for enactment of certain laws relating to.
Article 349
CHAPTER IV
CHAPTER IV - SPECIAL DIRECTIVES
Article 407
PART XVIII
PART XVIII - EMERGENCY PROVISIONS
Article 408Article 352. Proclamation of Emergency.
Article 352Article 353. Effect of Proclamation of Emergency.
Article 353
PART XIX
PART XIX - MISCELLANEOUS
Article 411
PART XX
PART XX - AMENDMENT OF THE CONSTITUTION
Article 412
PART XXI
PART XXI - TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
Article 413Article 371J. Special provisions with respect to the State of Karnataka.
Article 371JArticle 373. Power of President to make order in respect of persons under.
Article 373Article 374. Provisions as to Judges of the Federal Court and proceedings.
Article 374Article 375. Courts, authorities and officers to continue to function subject to.
Article 375Article 376. Provisions as to Judges of High Courts.
Article 376Article 377. Provisions as to Comptroller and Auditor-General of India.
Article 377Article 378. Provisions as to Public Service Commissions.
Article 378Article 378A. Special provision as to duration of Andhra Pradesh Legislative.
Article 378AArticle 379. Provisions as to provisional Parliament and the Speaker and.
Article 379Article 380. Provision as to President. Omitted.
Article 380Article 381. Council of Ministers of the President. Omitted.
Article 381Article 382. Provisions as to provisional Legislatures for States in Part A of.
Article 382Article 383. Provision as to Governors of Provinces. Omitted..
Article 383Article 384. Council of Ministers of the Governors. Omitted..
Article 384Article 385. Provision as to provisional LegislaturesinStates in Part Bof the.
Article 385Article 386. Council of Ministers for States in Part B of the First Schedule.
Article 386Article 387. Special provision as to determination of population for the.
Article 387Article 388. Provisionsas tothe filling of casual vacancies in the provisional.
Article 388Article 389. Provision as to Bills pending in the Dominion Legislatures and.
Article 389Article 390. Money received or raised or expenditure incurred between the.
Article 390Article 391. Power of the President to amend the First and Fourth Schedules.
Article 391Article 392. Power of the President to remove difficulties.
Article 392
PART XXII
PART XXII - SHORT TITLE, COMMENCEMENT,
Article 436Article 393. Short title.
Article 393Article 394. Commencement.
Article 394Article 394A. Authoritative text in the Hindi language.
Article 394AArticle 395. Repeals.
Article 395FIRST SCHEDULE
Article 441SECOND SCHEDULE
Article 442THIRD SCHEDULE
Article 443FOURTH SCHEDULE
Article 444FIFTH SCHEDULE
Article 445SIXTH SCHEDULE
Article 446SEVENTH SCHEDULE
Article 447EIGHTH SCHEDULE
Article 448NINTH SCHEDULE
Article 449TENTH SCHEDULE
Article 450ELEVENTH SCHEDULE
Article 451TWELFTH SCHEDULE
Article 452APPENDIX I
Article 453APPENDIX II
Article 454APPENDIX III
Article 455
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455 Articles
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"title": "PREAMBLE",
"chapter": null,
"content": "THE CONSTITUTIONOFINDIA\n\n\n PREAMBLE\n\n\n WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute\nIndia into a 1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC\nREPUBLIC] and to secure to all its citizens:\n\n\n JUSTICE, social, economic and political;\n\n LIBERTY of thought, expression, belief, faith and worship;\n\n\n EQUALITYof status and of opportunity;\n\n\nand to promote among them all\n\n\n FRATERNITYassuring the dignity of the individual and the 2[unity\nand integrity of the Nation];\n\n\n IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of\nNovember, 1949, do HEREBY ADOPT, ENACT AND GIVE TO\nOURSELVES THIS CONSTITUTION.",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "PART I - THE UNION AND ITS TERRITORY",
"chapter": "PART I",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "1",
"title": "Article 1. Name and territory of the Union.",
"chapter": null,
"content": "(1) India, that is Bharat,\nshall be a Union of States.\n 1[(2) The States and the territories thereof shall be as specified in\nthe First Schedule.]\n (3) The territory of India shall comprise—\n (a) the territories of the States;",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "2",
"title": "Article 2. Admission or establishment of new States.",
"chapter": null,
"content": "and]\n (c)such other territories as may be acquired.\n 2. Admission or establishment of new States. —Parliament may\nby law admit into the Union, or establish, new States on such terms and\nconditions as it thinks fit.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "2A",
"title": "Article 2A. Sikkim to be associated with the Union. —Omitted..",
"chapter": null,
"content": "Omitted by the\nConstitution (Thirty-sixth Amendment ) Act, 1975, s. 5 (w.e.f. 26-4-1975).]",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "3",
"title": "Article 3. Formation of new States and alteration of areas, boundaries or.",
"chapter": null,
"content": "Parliament may by law—\n (a)form a new State by separation of territory from any\n State or by uniting two or more States or parts of States or by\n uniting any territory to a part of any State;\n (b)increase the area of any State;\n (c)diminish the area of any State;\n\n (d)alter the boundaries of any State;\n (e)alter the name of any State:\n3 THE CONSTITUTION OF INDIA\n (PartI.—Union and its territory)\n\n 1[Provided that no Bill for the purpose shall be introduced in\neither House of Parliament except on the recommendation of the\nPresident and unless, where the proposal contained in the Bill affects\nthe area, boundaries or name of any of the States 12***, the Bill has\nbeen referred by the President to the Legislature of that State for\nexpressing its views thereon within such period as may be specified in\nthe reference or within such further period as the President may allow\nand the period so specified or allowed has expired.]\n 3[Explanation I. —In this article, in clauses ( a) to ( e), “State”\nincludes a Union territory, but in the proviso, “State” does not include a\nUnion territory.\n Explanation II. —The power conferred on Parliament by\nclause ( a) includes the power to form a new State or Union territory by\nuniting a part of any State or Union territory to any other State or\nUnion territory.]",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "4",
"title": "Article 4. Laws made under articles 2 and 3 to provide for the amendment of.",
"chapter": null,
"content": "amendment of the First and the Fourth Schedules and\nsupplemental, incidental and consequential matters. —(1) Any law\nreferred to in article 2 or article 3 shall contain such provisions for the\namendment of the First Schedule and the Fourth Schedule as may be\nnecessary to give effect to the provisions of the law and may also\ncontain such supplemental, incidental and consequential provisions\n(including provisions as to representation in Parliament and in the\nLegislature or Legislatures of the State or States affected by such law)\nas Parliament may deem necessary.\n (2)No such law as aforesaid shall be deemed to be an\namendment of this Constitution for the purposes of article 368.",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "8",
"title": "PART II - CITIZENSHIP",
"chapter": "PART II",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "5",
"title": "Article 5. Citizenship at the commencement of the Constitution.",
"chapter": null,
"content": "At the\ncommencement of this Constitution, every person who has his domicile in the\nterritory of India and—\n (a) who was born in the territory of India; or\n (b) either of whose parents was born in the territory of India; or\n (c)who has been ordinarily resident in the territory of India for\n not less than five years immediately preceding such commencement,\nshall be a citizen of India.",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "6",
"title": "Article 6. Rights of citizenship of certain persons who have migrated to.",
"chapter": null,
"content": "Notwithstanding anything in article 5, a person who\nhas migrated to the territory of India from the territory now included in\nPakistan shall be deemed to be a citizen of India at the commencement of this\nConstitution if—\n (a) he or either of his parents or any of his grand-parents was born\n in India as defined in the Government of India Act, 1935 (as originally\n enacted); and\n (b)(i)in the case where such person has so migrated before the\n nineteenth day of July, 1948, he has been ordinarily resident in the\n territory of India since the date of his migration, or\n (ii)in the case where such person has so migrated on or after the\n nineteenth day of July, 1948, he has been registered as a citizen of India\n by an officer appointed in that behalf by the Government of the\n Dominion of India on an application made by him thereforto such\n officer before the commencement of this Constitution in the form and\n manner prescribed by that Government:\n Provided that no person shall be so registered unless he has been resident\nin the territory of India for at least six months immediately preceding the date\nof his application.",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "7",
"title": "Article 7. Rights of citizenship of certain migrants to Pakistan.",
"chapter": null,
"content": "Notwithstanding anything in articles 5 and 6, a person who has after the first\nday of March, 1947, migrated from the territory of India to the territory now\nincluded in Pakistan shall not be deemed to be a citizen of India:\n\n 4\n5 THE CONSTITUTION OF INDIA\n\n Provided that nothing in this article shall apply to a person who, after\nhaving so migrated to the territory now included in Pakistan, has returned to the\nterritory of India under a permit for resettlement or permanent return issued by\nor under the authority of any law and every such person shall for the purposes\nof clause ( b) of article 6 be deemed to have migrated to the territory of India\nafter the nineteenth day of July, 1948.",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "8",
"title": "Article 8. Rights of citizenship of certain persons of Indian origin residing.",
"chapter": null,
"content": "Notwithstanding anything in article 5, any person who or\neither of whose parents or any of whose grand-parents was born in India as\ndefined in the Government of India Act, 1935 (as originally enacted), and who\nis ordinarily residing in any country outside India as so defined shallbe deemed\nto be a citizen of India if he has been registered as a citizen of India by the\ndiplomatic or consular representative of India in the country where he is for the\ntime being residing on an application made by him therefor to such diplomatic\nor consular representative, whether before or after the commencement of this\nConstitution, in the form and manner prescribed by the Government of the\nDominion of India or the Government of India.",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "9",
"title": "Article 9. Persons voluntarily acquiring citizenship of a foreign State not to.",
"chapter": null,
"content": "No person shall be a citizen of India by virtue of article 5, or be\ndeemed to be a citizen of India by virtue of article 6 or article 8, if he has\nvoluntarily acquired the citizenship of any foreign State.",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "10",
"title": "Article 10. Continuance of the rights of citizenship.",
"chapter": null,
"content": "Every person who is or\nis deemed to be a citizen of India under any of the foregoing provisions of this",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "11",
"title": "Article 11. Parliament to regulate the right of citizenship by law.",
"chapter": null,
"content": "Nothing\nin the foregoing provisions of this Part shall derogate from the power of\nParliament to make any provision with respect to the acquisition and\ntermination of citizenship and all other matters relating to citizenship.",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "16",
"title": "PART III - FUNDAMENTAL RIGHTS",
"chapter": "PART III",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 150
},
{
"number": "12",
"title": "Article 12. Definition.",
"chapter": null,
"content": "In this Part, unless the context otherwise requires, “the\nState” includes the Government and Parliament of India and the Government\nand the Legislature of each of the States and all local or other authorities within\nthe territory of India or under the control of the Government of India.",
"footnote": "",
"is_definition": false,
"sort_order": 160
},
{
"number": "13",
"title": "Article 13. Laws inconsistent with or in derogation of the fundamental.",
"chapter": null,
"content": "(1) All laws in force in the territory of India immediately before the\ncommencement of this Constitution, in so far as they are inconsistent with the\nprovisions of this Part, shall, to the extent of such inconsistency, be void.\n (2) The State shall not make any law which takes away or abridges the\nrights conferred by this Part and any law made in contravention of this clause\nshall, to the extent of the contravention, be void.\n (3) In this article, unless the context otherwise requires,—\n (a) “law” includes any Ordinance, order, bye-law, rule, regulation,\n notification, custom or usage having in the territory of India the force of\n law;\n (b)“laws in force” includes laws passed or made by a Legislature\n or other competent authority in the territory of India before the\n commencement of this Constitution and not previously repealed,\n notwithstanding that any such law or any part thereof may not be then in\n operation either at all or in particular areas.\n 1[(4) Nothing in this article shall apply to any amendment of this\nConstitution made under article 368.]",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "14",
"title": "Article 14. Equality before law.",
"chapter": null,
"content": "The State shall not deny to any person\nequality before the law or the equal protection of the laws within the territory of\nIndia.",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "15",
"title": "Article 15. Prohibition of discrimination on grounds of religion, race, caste,.",
"chapter": null,
"content": "(1) The State shall not discriminate against any citizen\non grounds only of religion, race, caste, sex, place of birth or any of them.\n (2) No citizen shall, on grounds only of religion, race, caste, sex, place of\nbirth or any of them, be subject to any disability, liability, restriction or\ncondition with regard to—\n7 THE CONSTITUTION OF INDIA\n (a) access to shops, public restaurants, hotels and places of public\n entertainment; or\n (b) the use of wells, tanks, bathing ghats, roads and places of\n public resort maintained wholly or partly out of State funds or dedicated\n to the use of the general public.\n (3) Nothing in this article shall prevent the State from making any\nspecial provision for women and children.\n 1[(4) Nothing in this article or in clause (2) of article 29 shall prevent the\nState from making any special provision for the advancement of any socially\nand educationally backward classes of citizens or for the Scheduled Castes and\nthe Scheduled Tribes.]\n 2[(5) Nothing in this article or in sub-clause ( g) of clause (1) of article 19\nshall prevent the State from making any special provision, by law, for the\nadvancement of any socially and educationally backward classes of citizens or\nfor the Scheduled Castes or the Scheduled Tribes in so far as such special\nprovisions relate to their admission to educational institutions including private\neducational institutions, whether aided or unaided by the State, other than the\nminority educational institutions referred to in clause (1) of article 30.]\n 3[(6) Nothing in this article or sub-clause ( g) of clause (1) of article 19 or\nclause (2) of article 29 shall prevent the State from making,—\n (a) any special provision for the advancement of any\n economically weaker sections of citizens other than the classes\n mentioned in clauses (4) and (5); and\n (b) any special provision for the advancement of any\n economically weaker sections of citizens other than the classes\n mentioned in clauses (4) and (5) in so far as such special provisions\n relate to their admission to educational institutions including private\n educational institutions, whether aided or unaided by the State, other\n than the minority educational institutions referred to in clause (1) of\n article 30,which in the case of reservation would be in addition to the\n existing reservations and subject to a maximum of ten per cent. of the\n totalseats in each category.\n8 THE CONSTITUTION OF INDIA\n\"economically weaker sections\" shall be such as may be notified by the State Explanation.—For the purposes of this article and article 16,\nfrom time to time on the basis of family income and other indicators of\neconomic disadvantage.]\nThere shall be equality of opportunity for all citizens in matters relating to",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "16",
"title": "Article 16. Equality of opportunity in matters of public employment.",
"chapter": null,
"content": "(1)\nemployment or appointment to any office under the State.\nplace of birth, residence or any of them, be ineligible for, or discriminated against (2) No citizen shall, on grounds only of religion, race, caste, sex, descent,\n\nin respect of, any employment or office under the State.\nprescribing, in regard to a class or classes of employment or appointment to an (3) Nothing in this article shall prevent Parliament from making any law\noffice 1[under the Government of, or any local or other authority within, a State\nor Union territory, any requirement as to residence within that State or Union\nterritory]prior to such employment or appointment.\nprovision for the reservation of appointments or posts in favour of any (4) Nothing in this article shall prevent the State from making any\nbackward class of citizens which, in the opinion of the State, is not adequately\nrepresented in the services under the State.\n\n 2[(4A) Nothing in this article shall prevent the State from making any\nprovision for reservation 3[in matters of promotion, with consequential\nseniority, to any class]or classes of posts in the services under the State in\nfavour of the Scheduled Castes and the Scheduled Tribes which, in the opinion\nof the State, are not adequately represented in the services under the State.]\n 4[(4B) Nothing in this article shall prevent the State from considering\nany unfilled vacancies of a year which are reserved for being filled up in that\nyear in accordance with any provision for reservation made under clause (4) or\nclause (4A) as a separate class of vacancies to be filled up in any succeeding\nyear or years and such class of vacancies shall not be considered together with\nthe vacancies of the year in which they are being filled up for determining the\nceiling of fifty per cent. reservation on total number of vacancies of that year.]\n9 THE CONSTITUTION OF INDIA\n\n (5) Nothing in this article shall affect the operation of any law which\nprovides that the incumbent of an office in connection with the affairs of any\nreligious or denominational institution or any member of the governing body\nthereof shall be a person professing a particular religion or belonging to a\nparticular denomination.\n 1[(6) Nothing in this article shall prevent the State from making any\nprovision for the reservation of appointments or posts in favour of any\neconomically weaker sections of citizens other than the classes mentioned in\nclause (4), in addition to the existing reservation and subject to a maximum of\nten per cent. of the posts in each category.]\n 17. Abolition of Untouchability. —“Untouchability” is abolished and its\npractice in any form is forbidden. The enforcement of any disability arising out\nof “Untouchability” shall be an offence punishable in accordance with law.",
"footnote": "",
"is_definition": false,
"sort_order": 200
},
{
"number": "18",
"title": "Article 18. Abolition of titles.",
"chapter": null,
"content": "(1) No title, not being a military or academic\ndistinction, shall be conferred by the State.\n (2) No citizen of India shall accept any title from any foreign State.\n (3) No person who is not a citizen of India shall, while he holds any\noffice of profit or trust under the State, accept without the consent of the\nPresident any title from any foreign State.\n (4) No person holding any office of profit or trust under the State shall,\nwithout the consent of the President, accept any present, emolument, or office\nof any kind from or under any foreign State.\n Right to Freedom\n 19. Protection of certain rights regarding freedom of speech, etc. —\n(1) All citizens shall have the right—\n (a) to freedom of speech and expression;\n (b) to assemble peaceably and without arms;\n (c) to form associations or unions 2[or co-operative societies];\n (d) to move freely throughout the territory of India;\n10 THE CONSTITUTION OF INDIA\n (e) to reside and settle in any part of the territory of India; 1[and]\n\n 2[(f)* * * * *]\n (g) to practise any profession, or to carry on any occupation, trade or\n business.\n\n 3[(2) Nothing in sub-clause ( a) of clause (1) shall affect the operation of\nany existing law, or prevent the State from making any law, in so far as such\nlaw imposes reasonable restrictions on the exercise of the right conferred by the\nsaid sub-clause in the interests of 4[the sovereignty and integrity of India], the\nsecurity of the State, friendly relations with foreign States, public order,\ndecency or morality, or in relation to contempt of court, defamation or\nincitement to an offence.]\n (3) Nothing in sub-clause ( b) of the said clause shall affect the operation\nof any existing law in so far as it imposes, or prevent the State from making\nany law imposing, in the interests of 4[the sovereignty and integrity of India or]\npublic order, reasonable restrictions on the exercise of the right conferred by\nthe said sub-clause.\n (4) Nothing in sub-clause ( c) of the said clause shall affect the operation\nof any existing law in so far as it imposes, or prevent the State from making\nany law imposing, in the interests of 4[the sovereignty and integrity of India or]\npublic order or morality, reasonable restrictions on the exercise of the right\nconferred by the said sub-clause.\n (5) Nothing in 5[sub-clauses ( d) and ( e)]of the said clause shall affect\nthe operation of any existing law in so far as it imposes, or prevent the State\nfrom making any law imposing, reasonable restrictions on the exercise of any\nof the rights conferred by the said sub-clauses either in the interests of the\ngeneral public or for the protection of the interests of any Scheduled Tribe.\n11 THE CONSTITUTION OF INDIA\n\n (6) Nothing in sub-clause ( g) of the said clause shall affect the operation\nof any existing law in so far as it imposes, or prevent the State from making\nany law imposing, in the interests of the general public, reasonable restrictions\non the exercise of the right conferred by the said sub-clause, and, in particular,\n1[nothing in the said sub-clause shall affect the operation of any existing law in\nso far as it relates to, or prevent the State from making any law relating to,—\n (i) the professional or technical qualifications necessary for practising\n any profession or carrying on any occupation, trade or business;or\n (ii) the carrying on by the State, or by a corporation owned or\n controlled by the State, of any trade, business, industry or service,\n whether to the exclusion, complete or partial, of citizens or otherwise.]",
"footnote": "",
"is_definition": false,
"sort_order": 210
},
{
"number": "20",
"title": "Article 20. Protection in respect of conviction for offences.",
"chapter": null,
"content": "(1) No person\nshall be convicted of any offence except for violation of a law in force at the\ntime of the commission of the Act charged as an offence, nor be subjected to a\npenalty greater than that which might have been inflicted under the law in force\nat the time of the commission of the offence.\n (2) No person shall be prosecuted and punished for the same offence\nmore than once.\n (3) No person accused of any offence shall be compelled to be a witness\nagainst himself.\n 21. Protection of life and personal liberty. —No person shall be\ndeprived of his life or personal liberty except according to procedure\nestablished by law.",
"footnote": "",
"is_definition": false,
"sort_order": 220
},
{
"number": "21A",
"title": "Article 21A. Right to education.",
"chapter": null,
"content": "The State shall provide free and\ncompulsory education to all children of the age of six to fourteen years in such\nmanner as the State may, by law, determine.]\n 22. Protection against arrest and detention in certain cases. —(1) No\nperson who is arrested shall be detained in custody without being informed, as\nsoon as may be, of the grounds for such arrest nor shall he be denied the right\nto consult, and to be defended by, a legal practitioner of his choice.\n\n12 THE CONSTITUTION OF INDIA\n\n (2) Every person who is arrested and detained in custody shall be\nproduced before the nearest magistrate within a period of twenty-four hours of\nsuch arrest excluding the time necessary for the journey from the place of arrest\nto the court of the magistrate and no such person shall be detained in custody\nbeyond the said period without the authority of a magistrate.\n (3) Nothing in clauses (1) and (2) shall apply—\n (a) to any person who for the time being is an enemy alien; or\n (b) to any person who is arrested or detained under any law providing\n for preventive detention.\n (4) No law providing for preventive detention shall authorise the\ndetention of a person for a longer period than three months unless—\n (a) an Advisory Board consisting of persons who are, or have been,\n or are qualified to be appointed as, Judges of a High Court has reported\n before the expiration of the said period of three months that there is in its\n opinion sufficient cause for such detention:\n13 THE CONSTITUTION OF INDIA\n\n Provided that nothing in this sub-clause shall authorise the detention\n of any person beyond the maximum period prescribed by any law made\n by Parliament under sub-clause ( b) of clause (7); or\n (b) such person is detained in accordance with the provisions of any\n law made by Parliament under sub-clauses ( a) and ( b) of clause (7).\n (5) When any person is detained in pursuance of an order made under\nany law providing for preventive detention, the authority making the order\nshall, as soon as may be, communicate to such person the grounds on which the\norder has been made and shall afford him the earliest opportunity of making a\nrepresentation against the order.\n (6) Nothing in clause (5) shall require the authority making any such\norder as is referred to in that clause to disclose facts which such authority\nconsiders to be against the public interest to disclose.\n (7) Parliament may by law prescribe—\n (a) the circumstances under which, and the class or classes of cases\n in which, a person may be detained for a period longer than three months\n under any law providing for preventive detention without obtaining the\n opinion of an Advisory Board in accordance with the provisions of\n sub-clause ( a) of clause (4);\n (b) the maximum period for which any person may in any class or\n classes of cases be detained under any law providing for preventive\n detention; and\n (c) the procedure to be followed by an Advisory Board in an\n inquiry under sub-clause ( a) of clause (4).\n14 THE CONSTITUTION OF INDIA\n\n Right against Exploitation",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "23",
"title": "Article 23. Prohibition of traffic in human beings and forced labour.",
"chapter": null,
"content": "(1)\nTraffic in human beings and begar and other similar forms of forced labour are\nprohibited and any contravention of this provision shall be an offence\npunishable in accordance with law.\n (2) Nothing in this article shall prevent the State from imposing\ncompulsory service for public purposes, and in imposing such service the State\nshall not make any discrimination on grounds only of religion, race, caste or\nclass or any of them.\n 24. Prohibition of employment of children in factories, etc. —No child\nbelow the age of fourteen years shall be employed to work in any factory or\nmine or engaged in any other hazardous employment.",
"footnote": "",
"is_definition": false,
"sort_order": 240
},
{
"number": "25",
"title": "Article 25. Freedom of conscience and free profession, practice and.",
"chapter": null,
"content": "(1) Subject to public order, morality and health and\nto the other provisions of this Part, all persons are equally entitled to freedom\nof conscience and the right freely to profess, practiceand propagate religion.\n (2) Nothing in this article shall affect the operation of any existing law or\nprevent the State from making any law—\n (a) regulating or restricting any economic, financial, political or\n other secular activity which may be associated with religious practice;\n (b) providing for social welfare and reform or the throwing open\n of Hindu religious institutions of a public character to all classes and\n sections of Hindus.\n Explanation I.— The wearing and carrying of kirpans shall be deemed to\nbe included in the profession of the Sikh religion.\n Explanation II.— In sub-clause ( b) of clause (2), the reference to Hindus\nshall be construed as including a reference to persons professing the Sikh, Jaina\nor Buddhist religion, and the reference to Hindu religious institutions shall be\nconstrued accordingly.\n 26. Freedom to manage religious affairs .—Subject to public order,\nmorality and health, every religious denomination or any section thereof shall\nhave the right—\n (a) to establish and maintain institutions for religious and charitable\n purposes;\n15 THE CONSTITUTION OF INDIA\n\n (b) to manage its own affairs in matters of religion;\n (c) to own and acquire movable and immovable property; and\n (d) to administer such property in accordance with law.",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "27",
"title": "Article 27. Freedom as to payment of taxes for promotion of any particular.",
"chapter": null,
"content": "No person shall be compelled to pay any taxes, the proceeds of\nwhich are specifically appropriated in payment of expenses for the promotion\nor maintenance of any particular religion or religious denomination.",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "28",
"title": "Article 28. Freedom as to attendance at religious instruction or religious.",
"chapter": null,
"content": "(1) No religious instruction\nshall be provided in any educational institution wholly maintained out of State\nfunds.\n (2) Nothing in clause (1) shall apply to an educational institution which\nis administered by the State but has been established under any endowment or\ntrust which requires that religious instruction shall be imparted in such\ninstitution.\n (3) No person attending any educational institution recognised by the\nState or receiving aid out of State funds shall be required to take part in any\nreligious instruction that may be imparted in such institution or to attend any\nreligious worship that may be conducted in such institution or in any premises\nattached thereto unless such person or, if such person is a minor, his guardian\nhas given his consent thereto.\n Cultural and Educational Rights",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "29",
"title": "Article 29. Protection of interests of minorities.",
"chapter": null,
"content": "(1) Any section of the\ncitizens residing in the territory of India or any part thereof having a distinct\nlanguage, script or culture of its own shall have the right to conserve the same.\n (2) No citizen shall be denied admission into any educational institution\nmaintained by the State or receiving aid out of State funds on grounds only of\nreligion, race, caste, language or any of them.",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "30",
"title": "Article 30. Right of minorities to establish and administer educational.",
"chapter": null,
"content": "(1) All minorities, whether based on religion or language, shall\nhave the right to establish and administer educational institutions of their\nchoice.\n16 THE CONSTITUTION OF INDIA\n\n 1[(1A) In making any law providing for the compulsory acquisition of\nany property of an educational institution established and administered by a\nminority, referred to in clause (1), the State shall ensure that the amount fixed\nby or determined under such law for the acquisition of such property is such as\nwould not restrict or abrogate the right guaranteed under that clause.]\n (2) The State shall not, in granting aid to educational institutions,\ndiscriminate against any educational institution on the ground that it is under\nthe management of a minority, whether based on religion or language.\n 2* * * *",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "31",
"title": "Article 31. Compulsory acquisition of property —Omitted.",
"chapter": null,
"content": "Omittedby the Constitution\n(Forty-fourth Amendment ) Act, 1978, s. 6 ( w.e.f. 20-6-1979).",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "31A",
"title": "Article 31A. Saving of Laws providing for acquisition of estates, etc.",
"chapter": null,
"content": "5[(1) Notwithstanding anything contained in article 13, no law providing\nfor—\n (a) the acquisition by the State of any estate or of any rights therein\n or the extinguishment or modification of any such rights;or\n (b) the taking over of the management of any property by the State\n for a limited period either in the public interest or in order to secure the\n proper management of the property;or\n (c) the amalgamation of two or more corporations either in the public\n interest or in order to secure the proper management of any of the\n corporations; or\n (d) the extinguishment or modification of any rights of managing\n agents, secretaries and treasurers, managing directors, directors or\n managers of corporations, or of any voting rights of shareholders\n thereof;or\n\n17 THE CONSTITUTION OF INDIA\n (e) the extinguishment or modification of any rights accruing by\n virtue of any agreement, lease or licence for the purpose of searching for,\n or winning, any mineral or mineral oil, or the premature termination or\n cancellation of any such agreement, lease or licence,\nshall be deemed to be void on the ground that it is inconsistent with, or takes\naway or abridges any of the rights conferred by 1[article 14 or article 19]:\n Provided that where such law is a law made by the Legislature of a State,\nthe provisions of this article shall not apply thereto unless such law, having\nbeen reserved for the consideration of the President, has received his assent:]\n 2[Provided further that where any law makes any provision for the\nacquisition by the State of any estate and where any land comprised therein is\nheld by a person under his personal cultivation, it shall not be lawful for the\nState to acquire any portion of such land as is within the ceiling limit applicable\nto him under any law for the time being in force or any building or structure\nstanding thereon or appurtenant thereto, unless the law relating to the\nacquisition of such land, building or structure, provides for payment of\ncompensation at a rate which shall not be lessthan the market value thereof.]\n (2) In this article,—\n 3[(a) the expression “estate”shall, in relation to any local area, have\n the same meaning as that expression or its local equivalent has in the\n existing law relating to land tenures in force in that area and shall also\n include—\n (i) any jagir , inam or muafi or other similar grant and in the States\n of 4[Tamil Nadu]and Kerala, any janmam right;\n (ii) any land held under ryotwari settlement;\n (iii)any land held or let for purposes of agriculture or for\n purposes ancillary thereto, including waste land, forest land, land for\n pasture or sites of buildings and other structures occupied by\n cultivators of land, agricultural labourers and village artisans;]\n18 THE CONSTITUTION OF INDIA\n (b) the expression “rights”, in relation to an estate, shall include any\n rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-\n holder, 1[raiyat, under-raiyat ]or other intermediary and any rights or\n privileges in respect of land revenue.]",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "31B",
"title": "Article 31B. Validation of certain Acts and Regulations.",
"chapter": null,
"content": "Without\nprejudice to the generality of the provisions contained in article 31A, none of\nthe Acts and Regulations specified in the Ninth Schedule nor any of the\nprovisions thereof shall be deemed to be void, or ever to have become void, on\nthe ground that such Act, Regulation or provision is inconsistent with, or takes\naway or abridges any of the rights conferred by, any provisions of this Part, and\nnotwithstanding any judgment, decree or order of any court or Tribunal to the\ncontrary, each of the said Acts and Regulations shall, subject to the power of\nany competent Legislature to repeal or amend it, continue in force.]",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "31C",
"title": "Article 31C. Saving of laws giving effect to certain directive principles.",
"chapter": null,
"content": "Notwithstanding anything contained in article 13, no law giving effect to the\npolicy of the State towards securing 4[all or any of the principles laid down in\nPart IV] shall be deemed to be void on the ground that it is inconsistent with, or\ntakes away or abridges any of the rights conferred by 5[article 14 or article 19;]\n6[and no law containing a declaration that it is for giving effect to such policy\nshall be called in question in any court on the ground that it does not give effect\nto such policy ]:\n Provided that where such law is made by the Legislature of a State, the\nprovisions of this article shall not apply thereto unless such law, having been\nreserved for the consideration of the President, has received his assent.]\n 7",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "31D",
"title": "Article 31D. Saving of laws in respect of anti-national activities. —Omitted.",
"chapter": null,
"content": "national activities. ].—Omitted\nby the Constitution (Forty-third Amendment ) Act,1977 , s. 2(w.e.f.13-4-1978) .\n19 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "32",
"title": "Article 32. Remedies for enforcement of rights conferred by this Part.",
"chapter": null,
"content": "(1)\nThe right to move the Supreme Court by appropriate proceedings for the\nenforcement of the rights conferred by this Part is guaranteed.\n (2) The Supreme Court shall have power to issue directions or orders or\nwrits, including writs in the nature of habeas corpus, mandamus, prohibition,\nquo warranto and certiorari, whichever may be appropriate, for the\nenforcement of any of the rights conferred by this Part.\n (3) Without prejudice to the powers conferred on the Supreme Court by\nclauses (1) and (2), Parliament may by law empower any other court to exercise\nwithin the local limits of its jurisdiction all or any of the powers exercisable by\nthe Supreme Court under clause (2).\n (4) The right guaranteed by this article shall not be suspended except as\notherwise provided for by this Constitution.\n 1",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "32A",
"title": "Article 32A. Constitutional validity of State laws not to be considered in.",
"chapter": null,
"content": "Omittedby the Constitution (Forty-third\nAmendment ) Act, 1977, s. 3(w.e.f. 13-4-1978).",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "33",
"title": "Article 33. Power of Parliament to modify the rights conferred by this Part.",
"chapter": null,
"content": "Parliament may, by law, determine to what\nextent any of the rights conferred by this Part shall, in their application to,—\n (a) the members of the Armed Forces; or\n (b)the members of the Forces charged with the maintenance of\n public order; or\n (c)persons employed in any bureau or other organisation established\n by the State for purposes of intelligence or counter intelligence; or\n (d)person employed in, or in connection with, the telecommunication\n systems set up for the purposes of any Force, bureau or organisation\n referred to in clauses ( a)to (c),\nbe restricted or abrogated so as to ensure the proper discharge of their duties\nand the maintenance of discipline among them.]\n20 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "34",
"title": "Article 34. Restriction on rights conferred by this Part while martial law is.",
"chapter": null,
"content": "Notwithstanding anything in the foregoing provisions\nof this Part, Parliament may by law indemnify any person in the service of the\nUnion or of a State or any other person in respect of any act done by him in\nconnection with the maintenance or restoration of order in any area within the\nterritory of India where martial law was in force or validate any sentence\npassed, punishment inflicted, forfeiture ordered or other act done under martial\nlaw in such area.",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "35",
"title": "Article 35. Legislation to give effect to the provisions of this Part.",
"chapter": null,
"content": "Notwithstanding anything in this Constitution,—\n (a) Parliament shall have, and the Legislature of a State shall not\n have, power to make laws—\n (i) with respect to any of the matters which under clause (3) of\n article 16, clause (3) of article 32, article 33 and article 34 may be\n provided for by law made by Parliament; and\n (ii) for prescribing punishment for those acts which are declared\n to be offences under this Part,\n and Parliament shall, as soon as may be after the commencement of this\n Constitution, make laws for prescribing punishment for the acts referred\n to in sub-clause ( ii);\n (b) any law in force immediately before the commencement of this\n Constitution in the territory of India with respect to any of the matters\n referred to in sub-clause ( i) of clause (a) or providing for punishment for\n any act referred to in sub-clause ( ii) of that clause shall, subject to the\n terms thereof and to any adaptations and modifications that may be made\n therein under article 372, continue in force until altered or repealed or\n amended by Parliament.\n Explanation. —In this article, the expression \"law in force'' has the same\nmeaning as in article 372.",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "41",
"title": "PART IV - DIRECTIVE PRINCIPLES OF STATE POLICY",
"chapter": "PART IV",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "36",
"title": "Article 36. Definition.",
"chapter": null,
"content": "In this Part, unless the context otherwise requires, “the\nState” has the same meaning as in Part III.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "37",
"title": "Article 37. Application of the principles contained in this Part.",
"chapter": null,
"content": "The\nprovisions contained in this Part shall not be enforceable by any court, but the\nprinciples therein laid down are nevertheless fundamental in the governance of",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "38",
"title": "Article 38. State to secure a social order for the promotion of welfare of the.",
"chapter": null,
"content": "1[(1)]The State shall strive to promote the welfare of the people by\nsecuring and protecting as effectively as it may a social order in which justice,\nsocial, economic and political, shall inform all the institutions of the national life.\n 2[(2) The State shall, in particular, strive to minimise the inequalities in\nincome, and endeavour to eliminate inequalities in status, facilities and\nopportunities, not only amongst individuals but also amongst groups of people\nresiding in different areas or engaged in different vocations.]",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "39",
"title": "Article 39. Certain principles of policy to be followed by the State.",
"chapter": null,
"content": "The\nState shall, in particular, direct its policy towards securing—\n (a)that the citizens, men and women equally, have the right to an\n adequate means of livelihood;\n (b)that the ownership and control of the material resources of the\n community are so distributed as best to subserve the common good;\n (c)that the operation of the economic system does not result in the\n concentration of wealth and means of production to the common\n detriment;\n (d) that there is equal pay for equal work for both men and women;\n (e)that the health and strength of workers, men and women, and\n the tender age of children are not abused and that citizens are not forced\n by economic necessity to enter avocations unsuited to their age or\n strength;\n22 THE CONSTITUTION OF INDIA\n\n 1[(f)that children are given opportunities and facilities to develop\n in a healthy manner and in conditions of freedom and dignity and that\n childhood and youth are protected against exploitation and against moral\n and material abandonment.]",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "39A",
"title": "Article 39A. Equal justice and free legal aid.",
"chapter": null,
"content": "The State shall secure that the\noperation of the legal system promotes justice, on a basis of equal opportunity,\nand shall, in particular, provide free legal aid, by suitable legislation or schemes\nor in any other way, to ensure that opportunities for securing justice are not\ndenied to any citizen by reason of economic or other disabilities.]",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "40",
"title": "Article 40. Organisation of village panchayats.",
"chapter": null,
"content": "The State shall take steps to\norganise village panchayats and endow them with such powers and authority as\nmay be necessary to enable them to function as units of self-government.\n 41. Right to work, to education and to public assistance in certain\ncases. —The State shall, within the limits of its economic capacity and\ndevelopment, make effective provision for securing the right to work, to\neducation and to public assistance in cases of unemployment, old age, sickness\nand disablement, and in other cases of undeserved want.",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "42",
"title": "Article 42. Provision for just and humane conditions of work and maternity.",
"chapter": null,
"content": "The State shall make provision for securing just and humane\nconditions of work and for maternity relief.",
"footnote": "",
"is_definition": false,
"sort_order": 470
},
{
"number": "43",
"title": "Article 43. Living wage, etc., for workers.",
"chapter": null,
"content": "The State shall endeavour to\nsecure, by suitable legislation or economic organisation or in any other way, to\nall workers, agricultural, industrial or otherwise, work, a living wage,\nconditions of work ensuring a decent standard of life and full enjoyment of\nleisure and social and cultural opportunities and, in particular, the State shall\nendeavour to promote cottage industries on an individual or co-operative basis\nin rural areas.",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "43A",
"title": "Article 43A. Participation of workers in management of Industries.",
"chapter": null,
"content": "The\nState shall take steps, by suitable legislation or in any other way, to secure the\nparticipation of workers in the management of undertakings, establishments or\nother organisations engaged in any industry.]\n23 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "43B",
"title": "Article 43B. Promotion of co-operative societies.",
"chapter": null,
"content": "operative societies .—The State shall endeavour\nto promote voluntary formation, autonomous functioning, democratic control\nand professional management of co-operative societies.]",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "44",
"title": "Article 44. Uniform civil code for the citizens.",
"chapter": null,
"content": "The State shall endeavour to\nsecure for the citizens a uniform civil code throughout the territory of India.\n 2[45. Provision for early childhood care and education to children\nbelow the age of six years. —The State shall endeavour to provide early\nchildhood care and education for all children until they complete the age of six\nyears.]\n 46. Promotion of educational and economic interests of Scheduled\nCastes, Scheduled Tribes and other weaker sections. —The State shall\npromote with special care the educational and economic interests of the weaker\nsections of the people, and, in particular, of the Scheduled Castes and the\nScheduled Tribes, and shall protect them from social injustice and all forms of\nexploitation.\n 47. Duty of the State to raise the level of nutrition and the standard\nof living and to improve public health .—The State shall regard the raising of\nthe level of nutrition and the standard of living of its people and the\nimprovement of public health as among its primary duties and, in particular, the\nState shall endeavour to bring about prohibition of the consumption except for\nmedicinal purposes of intoxicating drinks and of drugs which are injurious to\nhealth.",
"footnote": "",
"is_definition": false,
"sort_order": 510
},
{
"number": "48",
"title": "Article 48. Organisation of agriculture and animal husbandry.",
"chapter": null,
"content": "The State\nshall endeavour to organise agriculture and animal husbandry on modern and\nscientific lines and shall, in particular, take steps for preserving and improving\nthe breeds, and prohibiting the slaughter, of cows and calves and other milch\nand draught cattle.\n 3[48A. Protection and improvement of environment and\nsafeguarding of forests and wild life .—The State shall endeavour to protect\nand improve the environment and to safeguard the forests and wild life of the\ncountry.]\n24 THE CONSTITUTION OF INDIA\n\n 49. Protection of monuments and places and objects of national\nimportance .—It shall be the obligation of the State to protect every monument\nor place or object of artistic or historic interest, 1[declared by or under law\nmade by Parliament]to be of national importance, from spoliation,\ndisfigurement, destruction, removal, disposal or export, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "50",
"title": "Article 50. Separation of judiciary from executive.",
"chapter": null,
"content": "The State shall take steps\nto separate the judiciary from the executive in the public services of the State.",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "51",
"title": "Article 51. Promotion of international peace and security.",
"chapter": null,
"content": "The State shall\nendeavour to—\n (a) promote international peace and security;\n (b) maintain just and honourable relations between nations;\n (c)foster respect for international law and treaty obligations in the\n dealings of organised peoples with one another; and\n (d) encourage settlement of international disputes by arbitration.",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "56",
"title": "PART IVA - FUNDAMENTAL DUTIES",
"chapter": "PART IVA",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "51A",
"title": "Article 51A. Fundamental duties.",
"chapter": null,
"content": "It shall be the duty of every citizen of\nIndia—\n (a) to abide by the Constitution and respect its ideals and\n institutions, the National Flag and the National Anthem;\n (b)to cherish and follow the noble ideals which inspired our\n national struggle for freedom;\n (c)to uphold and protect the sovereignty, unity and integrity of\n India;\n (d) to defend the country and render national service when called\n upon to do so;\n (e) to promote harmony and the spirit of common brotherhood\n amongst all the people of India transcending religious, linguistic and\n regional or sectional diversities; to renounce practices derogatory to the\n dignity of women;\n (f)to value and preserve the rich heritage of our composite\n culture;\n (g)to protect and improve the natural environment including\n forests, lakes, rivers and wild life, and to have compassion for living\n creatures;\n (h)to develop the scientific temper, humanism and the spirit of\n inquiry and reform;\n (i)to safeguard public property and to abjure violence;\n (j)to strive towards excellence in all spheres of individual and\n collective activity so that the nation constantly rises to higher levels of\n endeavour and achievement;]\n 2[(k) who is a parent or guardian to provide opportunities for\n education to his child or, as the case may be, ward between the age of\n six and fourteen years.]",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "58",
"title": "PART V - THE UNION",
"chapter": "PART V",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "52",
"title": "Article 52. The President of India.",
"chapter": null,
"content": "There shall be a President of India.",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "53",
"title": "Article 53. Executive power of the Union.",
"chapter": null,
"content": "(1) The executive power of the Union\nshall be vested in the President and shall be exercised by him either directly or\nthrough officers subordinate to him in accordance with this Constitution.\n (2) Without prejudice to the generality of the foregoing provision, the\nsupreme command of the Defence Forces of the Union shall be vested in the\nPresident and the exercise thereof shall be regulated by law.\n (3) Nothing in this article shall—\n (a) be deemed to transfer to the President any functions conferred\n by any existing law on the Government of any State or other authority; or\n authorities other than the President. (b)prevent Parliament from conferring by law functions on",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "54",
"title": "Article 54. Election of President.",
"chapter": null,
"content": "The President shall be elected by the\nmembers of an electoral college consisting of—\n (a) the elected members of both Houses of Parliament; and\n (b)the elected members of the Legislative Assemblies of the States.\n 1[Explanation.— In this article and in article 55, “State” includes the\nNational Capital Territory of Delhi and the Union territory of *Puducherry.]\nshall be uniformity in the scale of representation of the different States at the",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "55",
"title": "Article 55. Manner of election of President.",
"chapter": null,
"content": "(1) As far as practicable, there\n\nelection of the President.\nas well as parity between the States as a whole and the Union, the number of (2) For the purpose of securing such uniformity among the States inter se\n\nvotes which each elected member of Parliament and of the Legislative\nAssembly of each State is entitled to cast at such election shall be determined in\nthe following manner:—\n have as many votes as there are multiples of one thousand in the quotient (a) every elected member of the Legislative Assembly of a State shall\n\n obtained by dividing the population of the State by the total number of\n the elected members of the Assembly;\n27 THE CONSTITUTION OF INDIA\n\n (b)if, after taking the said multiples of one thousand, the remainder is\n not less than five hundred, then the vote of each member referred to in\n sub-clause ( a) shall be further increased by one;\n (c)each elected member of either House of Parliament shall have\n such number of votes as may be obtained by dividing the total number of\n votes assigned to the members of the Legislative Assemblies of the\n States under sub-clauses ( a) and ( b) by the total number of the elected\n members of both Houses of Parliament, fractions exceeding one-half\n being counted as one and other fractions being disregarded.\n (3) The election of the President shall be held in accordance with the\nsystem of proportional representation by means of the single transferable vote\nand the voting at such election shall be by secret ballot.\n 1[Explanation.— In this article, the expression “population” means the\npopulation as ascertained at the last preceding census of which the relevant\nfigures have been published:\n Provided that the reference in this Explanation to the last preceding\ncensus of which the relevant figures have been published shall, until the\nrelevant figures for the first census taken after the year 2[2026]have been\npublished, be construed as a reference to the 1971 census.]",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "56",
"title": "Article 56. Term of office of President.",
"chapter": null,
"content": "(1) The President shall hold office for\na term of five years from the date on which he enters upon his office:\n Provided that—\n (a) the President may, by writing under his hand addressed to the\n Vice-President, resign his office;\n (b)the President may, for violation of the Constitution, be removed\n from office by impeachment in the manner provided in article 61;\n (c)the President shall, notwithstanding the expiration of his term,\n continue to hold office until his successor enters upon his office.\n (2) Any resignation addressed to the Vice-President under clause ( a)of\nthe proviso to clause (1) shall forthwith be communicated by him to the\nSpeaker of the House of the People.\n28 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "57",
"title": "Article 57. Eligibility for re-election.",
"chapter": null,
"content": "election. —A person who holds, or who has held,\noffice as President shall, subject to the other provisions of this Constitution, be\neligible for re-election to that office.\neligible for election as President unless he—",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "58",
"title": "Article 58. Qualifications for election as President.",
"chapter": null,
"content": "(1) No person shall be\n\n (a)is a citizen of India,\n (b) has completed the age of thirty-five years, and\n (c) is qualified for election as a member of the House of the People.\nany office of profit under the Government of India or the Government of any (2) A person shall not be eligible for election as President if he holds\n\nState or under any local or other authority subject to the control of any of the\nsaid Governments.\n Explanation.— For the purposes of this article, a person shall not be\ndeemed to hold any office of profit by reason only that he is the President or\nVice-President of the Union or the Governor 1***of any State or is a Minister\neither for the Union or for any State.",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "59",
"title": "Article 59. Conditions of President’s office.",
"chapter": null,
"content": "(1) The President shall not be a\nmember of either House of Parliament or of a House of the Legislature of any\nState, and if a member of either House of Parliament or of a House of the\nLegislature of any State be elected President, he shall be deemed to have\nvacated his seat in that House on the date on which he enters upon his office as\nPresident.\n (2) The President shall not hold any other office of profit.\n (3) The President shall be entitled without payment of rent to the use of\nhis official residences and shall be also entitled to such emoluments,\nallowances and privileges as may be determined by Parliament by law and,\nuntil provision in that behalf is so made, such emoluments, allowances and\nprivileges as are specified in the Second Schedule.\n (4) The emoluments and allowances of the President shall not be\ndiminished during his term of office.",
"footnote": "",
"is_definition": false,
"sort_order": 650
},
{
"number": "60",
"title": "Article 60. Oath or affirmation by the President.",
"chapter": null,
"content": "Every President and every\nperson acting as President or discharging the functions of the President shall,\nbefore entering upon his office, make and subscribe in the presence of the Chief\nJustice of India or, in his absence, the senior-most Judge of the Supreme Court\navailable, an oath or affirmation in the following form, that is to say—\n29 THE CONSTITUTION OF INDIA\n \"I, A.B., do swear in the name ofGodthat I will faithfully execute the office\n solemnly affirm\nof President (or discharge the functions of the President) of India and will to the best\nof my ability preserve, protect and defend the Constitution and the law and that\nI will devote myself to the service and well-being of the people of India.\".\nPresident is to be impeached for violation of the Constitution, the charge shall",
"footnote": "",
"is_definition": false,
"sort_order": 660
},
{
"number": "61",
"title": "Article 61. Procedure for impeachment of the President.",
"chapter": null,
"content": "(1) When a\nbe preferred by either House of Parliament.\n (2) No such charge shall be preferred unless—\n which has been moved after at least fourteen days' notice in writing (a) the proposal to prefer such charge is contained in a resolution\n signed by not less than one-fourth of the total number of members of the\n House has been given of their intention to move the resolution, and\n two-thirds of the total membership of the House.(b)such resolution has been passed by a majority of not less than\n\n (3) When a charge has been so preferred by either House of Parliament,\nthe other House shall investigate the charge or cause the charge to be\ninvestigated and the President shall have the right to appear and to be\nrepresented at such investigation.\nof not less than two-thirds of the total membership of the House by which the (4) If as a result of the investigation a resolution is passed by a majority\ncharge was investigated or caused to be investigated, declaring that the charge\npreferred against the President has been sustained, such resolution shall have\nthe effect of removing the President from his office as from the date on which\nthe resolution is so passed.\nand the term of office of person elected to fill casual vacancy.",
"footnote": "",
"is_definition": false,
"sort_order": 670
},
{
"number": "62",
"title": "Article 62. Time of holding election to fill vacancy in the office of President.",
"chapter": null,
"content": "(1) An\nelection to fill a vacancy caused by the expiration of the term of office of\nPresident shall be completed before the expiration of the term.\nreason of his death, resignation or removal, or otherwise shall be held as soon (2) An election to fill a vacancy in the office of President occurring by\n\nas possible after, and in no case later than six months from, the date of\noccurrence of the vacancy; and the person elected to fill the vacancy shall,\nsubject to the provisions of article 56, be entitled to hold office for the full term\nof five years from the date on which he enters upon his office.",
"footnote": "",
"is_definition": false,
"sort_order": 680
},
{
"number": "63",
"title": "Article 63. The Vice-President of India.",
"chapter": null,
"content": "President of India.—There shall be a Vice-President of India.",
"footnote": "",
"is_definition": false,
"sort_order": 690
},
{
"number": "64",
"title": "Article 64. The Vice-President to be ex officio Chairman of the Council of.",
"chapter": null,
"content": "President to be ex officio Chairman of the Council of\nStates. —The Vice-President shall be ex officio Chairman of the Council ofthe\nStates and shall not hold any other office of profit:\n30 THE CONSTITUTION OF INDIA\n Provided that during any period when the Vice-President acts as\nPresident or discharges the functions of the President under article 65, he shall\nnot perform the duties of the office of Chairman of the Council of States and\nshall not be entitled to any salary or allowance payable to the Chairman of the\nCouncil of States under article 97.",
"footnote": "",
"is_definition": false,
"sort_order": 700
},
{
"number": "65",
"title": "Article 65. The Vice-President to act as President or to discharge his.",
"chapter": null,
"content": "President to act as President or to discharge his\nfunctions during casual vacancies in the office, or during the absence,\nof President. —(1) In the event of the occurrence of any vacancy in the office\nof the President by reason of his death, resignation or removal, or otherwise,\nthe Vice-President shall act as President until the date on which a new\nPresident elected in accordance with the provisions of this Chapter to fill such\nvacancy enters upon his office.\n (2) When the President is unable to discharge his functions owing to\nabsence, illness or any other cause, the Vice-President shall discharge his\nfunctions until the date on which the President resumes his duties.\n (3) The Vice-President shall, during, and in respect of, the period while\nhe is so acting as, or discharging the functions of, President, have all the\npowers and immunities of the President and be entitled to such emoluments,\nallowances and privileges as may be determined by Parliament by law and,\nuntil provision in that behalf is so made, such emoluments, allowances and\nprivileges as are specified in the Second Schedule.",
"footnote": "",
"is_definition": false,
"sort_order": 710
},
{
"number": "66",
"title": "Article 66. Election of Vice-President.",
"chapter": null,
"content": "President. —(1) The Vice-President shall be\nelected by the 1[members of an electoral college consisting of the members of\nboth Houses of Parliament]in accordance with the system of proportional\nrepresentation by means of the single transferable vote and the voting at such\nelection shall be by secret ballot.\n (2) The Vice-President shall not be a member of either House of\nParliament or of a House of the Legislature of any State, and if a member of\neither House of Parliament or of a House of the Legislature of any State be\nelected Vice-President, he shall be deemed to have vacated his seat in that\nHouse on the date on which he enters upon his office as Vice-President.\n (3) No person shall be eligible for election as Vice-President unless he—\n (a) is a citizen of India;\n (b)has completed the age of thirty-five years; and\n31 THE CONSTITUTION OF INDIA\n\n (c)is qualified for election as a member of the Council of States.\n (4) A person shall not be eligible for election as Vice-President if he\nholds any office of profit under the Government of India or the Government of\nany State or under any local or other authority subject to the control of any of\nthe said Governments.\n Explanation.— For the purposes of this article, a person shall not be\ndeemed to hold any office of profit by reason only that he is the President or\nVice-President of the Union or the Governor 1***of any State or is a Minister\neither for the Union or for any State.",
"footnote": "",
"is_definition": false,
"sort_order": 720
},
{
"number": "67",
"title": "Article 67. Term of office of Vice-President.",
"chapter": null,
"content": "President. —The Vice-President shall hold\noffice for a term of five years from the date on which he enters upon his office:\n Provided that—\n (a) a Vice-President may, by writing under his hand addressed to the\n President, resign his office;\n (b) a Vice-President may be removed from his office by a resolution\n of the Council of States passed by a majority of all the then members of\n the Council and agreed to by the House of the People; but no resolution\n for the purpose of this clause shall be moved unless at least fourteen\n days' notice has been given of the intention to move the resolution;\n (c) a Vice-President shall, notwithstanding the expiration of his term,\n continue to hold office until his successor enters upon his office.",
"footnote": "",
"is_definition": false,
"sort_order": 730
},
{
"number": "68",
"title": "Article 68. Time of holding election to fill vacancy in the office of Vice-President.",
"chapter": null,
"content": "President and the term of office of person elected to fill casual vacancy .—\n(1) An election to fill a vacancy caused by the expiration of the term of office\nof Vice-President shall be completed before the expiration of the term.\n (2) An election to fill a vacancy in the office of Vice-President\noccurring by reason of his death, resignation or removal, or otherwise shall be\nheld as soon as possible after the occurrence of the vacancy, and the person\nelected to fill the vacancy shall, subject to the provisions of article 67, be\nentitled to hold office for the full term of five years from the date on which he\nenters upon his office.",
"footnote": "",
"is_definition": false,
"sort_order": 740
},
{
"number": "69",
"title": "Article 69. Oath or affirmation by the Vice-President.",
"chapter": null,
"content": "President .—Every Vice-\nPresident shall, before entering upon his office, make and subscribe before the\n32 THE CONSTITUTION OF INDIA\n\nPresident, or some person appointed in that behalf by him, an oath or\naffirmation in the following form, that is to say—\n \"I, A.B., do swear in the name of Godthat I will bear true faith and\n solemnly affirm\nallegiance to the Constitution of India as by law established and that I will faithfully\ndischarge the duty upon which I am about to enter.\".",
"footnote": "",
"is_definition": false,
"sort_order": 750
},
{
"number": "70",
"title": "Article 70. Discharge of President’s functions in other contingencies.",
"chapter": null,
"content": "Parliament may make such provision as it thinks fit for the discharge of the\nfunctions of the President in any contingency not provided for in this Chapter.",
"footnote": "",
"is_definition": false,
"sort_order": 760
},
{
"number": "71",
"title": "Article 71. Matters relating to, or connected with, the election of a President.",
"chapter": null,
"content": "President. —(1) All doubts and disputes arising out of or in\nconnection with the election of a President or Vice-President shall be inquired\ninto and decided by the Supreme Court whose decision shall be final.\n (2) If the election of a person as President or Vice-President is declared\nvoid by the Supreme Court, acts done by him in the exercise and performance\nof the powers and duties of the office of President or Vice-President, as the\ncase may be, on or before the date of the decision of the Supreme Court shall\nnot be invalidated by reason of that declaration.\n (3) Subject to the provisions of this Constitution, Parliament may by law\nregulate any matter relating to or connected with the election of a President or\nVice-President.\n (4) The election of a person as President or Vice-President shall not be\ncalled in question on the ground of the existence of any vacancy for whatever\nreason among the members of the electoral college electing him.]",
"footnote": "",
"is_definition": false,
"sort_order": 770
},
{
"number": "72",
"title": "Article 72. Power of President to grant pardons, etc., and to suspend, remit.",
"chapter": null,
"content": "(1) The President shall have the\npower to grant pardons, reprieves, respites or remissions of punishment or to\nsuspend, remit or commute the sentence of any person convicted of any\noffence—\n (a)in all cases where the punishment or sentence is by a Court\n Martial;\n\n33 THE CONSTITUTION OF INDIA\n\n (b) in all cases where the punishment or sentence is for an offence\n against any law relating to a matter to which the executive power of the\n Union extends;\n (c) in all cases where the sentence is a sentence of death.\n (2) Nothing in sub-clause ( a)of clause (1) shall affect the power\nconferred by law on any officer of the Armed Forces of the Union to suspend,\nremit or commute a sentence passed by a Court Martial.\n (3) Nothing in sub-clause (c) of clause (1) shall affect the power to\nsuspend, remit or commute a sentence of death exercisable by the Governor 1***\nof a State under any law for the time being in force.",
"footnote": "",
"is_definition": false,
"sort_order": 780
},
{
"number": "73",
"title": "Article 73. Extent of executive power of the Union.",
"chapter": null,
"content": "(1) Subject to the\nprovisions of this Constitution, the executive power of the Union shall extend—\n (a)to the matters with respect to which Parliament has power to make\n laws; and\n (b)to the exercise of such rights, authority and jurisdiction as are\n exercisable by the Government of India by virtue of any treaty or\n agreement:\n Provided that the executive power referred to in sub-clause ( a)shall not,\nsave as expressly provided in this Constitution or in any law made by Parliament,\nextend in any State 2***to matters with respect to which the Legislature of the\nState has also power to make laws.\n (2) Until otherwise provided by Parliament, a State and any officer or\nauthority of a State may, notwithstanding anything in this article, continue to\nexercise in matters with respect to which Parliament has power to make laws for\nthat State such executive power or functions as the State or officer or authority\nthereof could exercise immediately before the commencement of this\nConstitution.\n\n34 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 790
},
{
"number": "74",
"title": "Article 74. Council of Ministers to aid and advise President.",
"chapter": null,
"content": "1[(1) There shall\nbe a Council of Ministers with the Prime Minister at the head to aid and advise\nthe President who shall, in the exercise of his functions, act in accordance with\nsuch advice:]\n 2[Provided that the President may require the Council of Ministers to\nreconsider such advice, either generally or otherwise, and the President shall act\nin accordance with the advice tendered after such reconsideration.]\n (2) The question whether any, and if so what, advice was tendered by\nMinisters to the President shall not be inquired into in any court.",
"footnote": "",
"is_definition": false,
"sort_order": 800
},
{
"number": "75",
"title": "Article 75. Other provisions as to Ministers.",
"chapter": null,
"content": "(1) The Prime Minister shall be\nappointed by the President and the other Ministers shall be appointed by the\nPresident on the advice of the Prime Minister.\n 3[(1A) The total number of Ministers, including the Prime Minister, in the\nCouncil of Ministers shall not exceed fifteen per cent. of the total number of\nmembers of the House of the People.\nparty who is disqualified for being a member of that House under paragraph 2 of (1B) A member of either House of Parliament belonging to any political\n\nthe Tenth Schedule shall also be disqualified to be appointed as a Minister under\nclause (1) for duration of the period commencing from the date of his\ndisqualification till the date on which the term of his office as such member\nwould expire or where he contests any election to either House of Parliament\nbefore the expiry of such period, till the date on which he is declared elected,\nwhichever is earlier.]\n (2) The Ministers shall hold office during the pleasure of the President.\n (3) The Council of Ministers shall be collectively responsible to the House\nof the People.\n (4) Before a Minister enters upon his office, the President shall administer\nto him the oaths of office and of secrecy according to the forms set out for the\npurpose in the Third Schedule.\n35 THE CONSTITUTION OF INDIA\nmember of either House of Parliament shall at the expiration of that period cease (5) A Minister who for any period of six consecutive months is not a\n\nto be a Minister.\n (6) The salaries and allowances of Ministers shall be such as Parliament\nmay from time to time by law determine and, until Parliament so determines,\nshall be as specified in the Second Schedule.\n The Attorney-General for India",
"footnote": "",
"is_definition": false,
"sort_order": 810
},
{
"number": "76",
"title": "Article 76. Attorney-General for India.",
"chapter": null,
"content": "General for India .—(1) The President shall appoint a\nperson who is qualified to be appointed a Judge of the Supreme Court to be\nAttorney-General for India.\nGovernment of India upon such legal matters, and to perform such other duties (2) It shall be the duty of the Attorney-General to give advice to the\n\nof a legal character, as may from time to time be referred or assigned to him by\nthe President, and to discharge the functions conferred on him by or under this\nConstitution or any other law for the time being in force.\n (3) In the performance of his duties the Attorney-General shall have\nright of audience in all courts in the territory of India.\n (4) The Attorney-General shall hold office during the pleasure of the\nPresident, and shall receive such remuneration as the President may determine.",
"footnote": "",
"is_definition": false,
"sort_order": 820
},
{
"number": "77",
"title": "Article 77. Conduct of business of the Government of India.",
"chapter": null,
"content": "(1) All\nexecutive action of the Government of India shall be expressed to be taken in\nthe name of the President.\n (2) Orders and other instruments made and executed in the name of the\nPresident shall be authenticated in such manner as may be specified in rules 1 to\nbe made by the President, and the validity of an order or instrument which is so\nauthenticated shall not be called in question on the ground that it is not an order\nor instrument made or executed by the President.\n (3) The President shall make rules for the more convenient transaction of\nthe business of the Government of India, and for the allocation among\nMinisters of the said business.\n 2(4) * * * *\n36 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 830
},
{
"number": "78",
"title": "Article 78. Duties of Prime Minister as respects the furnishing of.",
"chapter": null,
"content": "It shall be the duty of the Prime Minister—\n (a) to communicate to the President all decisions of the Council of\n Ministers relating to the administration of the affairs of the Union and\n proposals for legislation;\n (b)to furnish such information relating to the administration of the\n affairs of the Union and proposals for legislation as the President may\n call for; and\n (c) if the President so requires, to submit for the consideration of the\n Council of Ministers any matter on which a decision has been taken by a\n Minister but which has not been considered by the Council.",
"footnote": "",
"is_definition": false,
"sort_order": 840
},
{
"number": "86",
"title": "CHAPTER II - PARLIAMENT",
"chapter": "CHAPTER II",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 850
},
{
"number": "79",
"title": "Article 79. Constitution of Parliament.",
"chapter": null,
"content": "There shall be a Parliament for the\nUnion which shall consist of the President and two Houses to be known\nrespectively as the Council of States and the House of the People.",
"footnote": "",
"is_definition": false,
"sort_order": 860
},
{
"number": "80",
"title": "Article 80. Composition of the Council of States.",
"chapter": null,
"content": "(1) 1[2*** The Council of\nStates]shall consist of—\n (a)twelve members to be nominated by the President in accordance\n with the provisions of clause (3); and\n (b)not more than two hundred and thirty-eight representatives of\n the States 3[and of the Union territories].\n (2) The allocation of seats in the Council of States to be filled by\nrepresentatives of the States 3[and of the Union territories]shall be in\naccordance with the provisions in that behalf contained in the Fourth Schedule.\n (3) The members to be nominated by the President under sub-clause ( a)\nof clause (1) shall consist of persons having special knowledge or practical\nexperience in respect of such matters as the following, namely:—\n Literature, science, art and social service.\n37 THE CONSTITUTION OF INDIA\n (4) The representatives of each State 1***in the Council of States shall\nbe elected by the elected members of the Legislative Assembly of the State in\naccordance with the system of proportional representation by means of the\nsingle transferable vote.\n (5) The representatives of the 2[Union territories] in the Council of States\nshall be chosen in such manner as Parliament may by law prescribe.",
"footnote": "",
"is_definition": false,
"sort_order": 870
},
{
"number": "81",
"title": "Article 81. Composition of the House of the People.",
"chapter": null,
"content": "(1) 4[Subject to the\nprovisions of article 331 5***], the House of the People shall consist of—\n (a)not more than 6[five hundred and thirty members]chosen by\n direct election from territorial constituencies in the States; and\n (b) not more than 7[twenty members]to represent the Union\n territories, chosen in such manner as Parliament may by law provide.\n (2) For the purposes of sub-clause ( a) of clause (1),—\n (a)there shall be allotted to each State a number of seats in the House\n of the People in such manner that the ratio between that number and the\n population of the State is, so far as practicable, the same for all States;\n and\n (b)each State shall be divided into territorial constituencies in such\n manner that the ratio between the population of each constituency and\n the number of seats allotted to it is, so far as practicable, the same\n throughout the State:\n 8[Provided that the provisions of sub-clause ( a)of this clause shall not be\napplicable for the purpose of allotment of seats in the House of the People to\nany State so long as the population of that State does not exceed six millions.]\n38 THE CONSTITUTION OF INDIA\n\n (3) In this article, the expression “population” means the population as\nascertained at the last preceding census of which the relevant figures have been\npublished:\n 1[Provided that the reference in this clause to the last preceding census of\nwhich the relevant figures have been published shall, until the relevant figures for\nthe first census taken after the year 2[2026]have been published, 3[be\nconstrued,—\n (i) for the purposes of sub-clause ( a) of clause (2) and the proviso to\n that clause, as a reference to the 1971 census; and\n (ii) for the purposes of sub-clause ( b)of clause (2) as a reference to\n the 4[2001]census.]]",
"footnote": "",
"is_definition": false,
"sort_order": 880
},
{
"number": "82",
"title": "Article 82. Readjustment after each census.",
"chapter": null,
"content": "Upon the completion of each\ncensus, the allocation of seats in the House of the People to the States and the\ndivision of each State into territorial constituencies shall be readjusted by such\nauthority and in such manner as Parliament may by law determine:\n Provided that such readjustment shall not affect representation in the\nHouse of the People until the dissolution of the then existing House:\n 5[Provided further that such readjustment shall take effect from such date\nas the President may, by order, specify and until such readjustment takes effect,\nany election to the House may be held on the basis of the territorial\nconstituencies existing before such readjustment:\n Provided also that until the relevant figures for the first census taken\nafter the year 6[2026]have been published, it shall not be necessary to\n7[readjust,—\n\n39 THE CONSTITUTION OF INDIA\n (i) the allocation of seats in the House of the People to the States as\n readjusted on the basis of the 1971 census; and\n (ii) the division of each State into territorial constituencies as may be\n readjusted on the basis of the 1[2001]census,\nunder this article.]]",
"footnote": "",
"is_definition": false,
"sort_order": 890
},
{
"number": "83",
"title": "Article 83. Duration of Houses of Parliament.",
"chapter": null,
"content": "(1) The Council of States\nshall not be subject to dissolution, but as nearly as possible one-third of the\nmembers thereof shall retire as soon as may be on the expiration of every\nsecond year in accordance with the provisions made in that behalf by\nParliament by law.\n (2) The House of the People, unless sooner dissolved, shall continue for\n2[five years]from the date appointed for its first meeting and no longer and the\nexpiration of the said period of 2[five years] shall operate as a dissolution of\nthe House:\n Provided that the said period may, while a Proclamation of Emergency is\nin operation, be extended by Parliament by law for a period not exceeding one\nyear at a time and not extending in any case beyond a period of six months after\nthe Proclamation has ceased to operate.",
"footnote": "",
"is_definition": false,
"sort_order": 900
},
{
"number": "84",
"title": "Article 84. Qualification for membership of Parliament.",
"chapter": null,
"content": "A person shall not\nbe qualified to be chosen to fill a seat in Parliament unless he—\n 3[(a)is a citizen of India, and makes and subscribes before some\n person authorised in that behalf by the Election Commission an oath or\n affirmation according to the form set out for the purpose in the Third\n Schedule;]\n (b)is, in the case of a seat in the Council of States, not less than thirty\n years of age and, in the case of a seat in the House of the People, not less\n than twenty-five years of age; and\n (c)possesses such other qualifications as may be prescribed in that\n behalf by or under any law made by Parliament.\n40 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 910
},
{
"number": "85",
"title": "Article 85. Sessions of Parliament, prorogation and dissolution.",
"chapter": null,
"content": "(1) The\nPresident shall from time to time summon each House of Parliament to meet at\nsuch time and place as he thinks fit, but six months shall not intervene between\nits last sitting in one session and the date appointed for its first sitting in the\nnext session.\n (2) The President may from time to time—\n (a)prorogue the Houses or either House;\n (b)dissolve the House of the People.]",
"footnote": "",
"is_definition": false,
"sort_order": 920
},
{
"number": "86",
"title": "Article 86. Right of President to address and send messages to Houses.",
"chapter": null,
"content": "(1)\nThe President may address either House of Parliament or both Houses\nassembled together, and for that purpose require the attendance of members.\n (2) The President may send messages to either House of Parliament,\nwhether with respect to a Bill then pending in Parliament or otherwise, and a\nHouse to which any message is so sent shall with all convenient despatch\nconsider any matter required by the message to be taken into consideration.",
"footnote": "",
"is_definition": false,
"sort_order": 930
},
{
"number": "87",
"title": "Article 87. Special address by the President.",
"chapter": null,
"content": "(1) At the commencement of\n2[the first session after each general election to the House of the People and at\nthe commencement of the first session of each year]the President shall address\nboth Houses of Parliament assembled together and inform Parliament of the\ncauses of its summons.\n (2) Provision shall be made by the rules regulating the procedure of\neither House for the allotment of time for discussion of the matters referred to\nin such address 3***.",
"footnote": "",
"is_definition": false,
"sort_order": 940
},
{
"number": "88",
"title": "Article 88. Rights of Ministers and Attorney-General as respects Houses.",
"chapter": null,
"content": "General as respects Houses. —\nEvery Minister and the Attorney-General of India shall have the right to speak\nin, and otherwise to take part in the proceedings of, either House, any joint\nsitting of the Houses, and any committee of Parliament of which he may be\nnamed a member, but shall not by virtue of this article be entitled to vote.\n41 THE CONSTITUTION OF INDIA\n Officers of Parliament",
"footnote": "",
"is_definition": false,
"sort_order": 950
},
{
"number": "89",
"title": "Article 89. The Chairman and Deputy Chairman of the Council of States.",
"chapter": null,
"content": "(1)\nThe Vice-President of India shall be ex officio Chairman of the Council of States.\n (2) The Council of States shall, as soon as may be, choose a member of\nthe Council to be Deputy Chairman thereof and, so often as the office of\nDeputy Chairman becomes vacant, the Council shall choose another member to\nbe Deputy Chairman thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 960
},
{
"number": "90",
"title": "Article 90. Vacation and resignation of, and removal from, the office of.",
"chapter": null,
"content": "A member holding office as Deputy Chairman of the\nCouncil of States—\n (a) shall vacate his office if he ceases to be a member of the Council;\n (b) may at any time, by writing under his hand addressed to the\n Chairman, resign his office; and\n (c) may be removed from his office by a resolution of the Council\n passed by a majority of all the then members of the Council:\n Provided that no resolution for the purpose of clause (c) shall be moved\nunless at least fourteen days’ notice has been given of the intention to move the\nresolution.\nduties of the office of, or to act as, Chairman.",
"footnote": "",
"is_definition": false,
"sort_order": 970
},
{
"number": "91",
"title": "Article 91. Power of the Deputy Chairman or other person to perform the.",
"chapter": null,
"content": "(1) While the office of\n\nChairman is vacant, or during any period when the Vice-President is acting as,\nor discharging the functions of, President, the duties of the office shall be\nperformed by the Deputy Chairman, or, if the office of Deputy Chairman is\nalso vacant, by such member of the Council of States as the President may\nappoint for the purpose.\n (2)During the absence of the Chairman from any sitting of the Council of\nStates the Deputy Chairman, or, if he is also absent, such person as may be\ndetermined by the rules of procedure of the Council, or, if no such person is present,",
"footnote": "",
"is_definition": false,
"sort_order": 980
},
{
"number": "92",
"title": "Article 92. The Chairman or the Deputy Chairman not to preside while a.",
"chapter": null,
"content": "resolution for his removal from office is under consideration .—(1)At any\nsitting of the Council of States, while any resolution for the removal of the\nVice-President from his office is under consideration, the Chairman, or while\nany resolution for the removal of the Deputy Chairman from his office is under\nconsideration, the Deputy Chairman, shall not, though he is present, preside,\nand the provisions of clause (2) of article 91 shall apply in relation to every\nsuch sitting as they apply in relation to a sitting from which the Chairman, or,\nas the case may be, the Deputy Chairman, is absent.\n42 THE CONSTITUTION OF INDIA\n (2) The Chairman shall have the right to speak in, and otherwise to take\npart in the proceedings of, the Council of States while any resolution for the\nremoval of the Vice-President from his office is under consideration in the\nCouncil, but, notwithstanding anything in article 100, shall not be entitled to\nvote at all on such resolution or on any other matter during such proceedings.",
"footnote": "",
"is_definition": false,
"sort_order": 990
},
{
"number": "93",
"title": "Article 93. The Speaker and Deputy Speaker of the House of the People.",
"chapter": null,
"content": "The House of the People shall, as soon as may be, choose two members of the\nHouse to be respectively Speaker and Deputy Speaker thereof and, so often as\nthe office of Speaker or Deputy Speaker becomes vacant, the House shall\nchoose another member to be Speaker or Deputy Speaker, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 1000
},
{
"number": "94",
"title": "Article 94. Vacation and resignation of, and removal from, the offices of.",
"chapter": null,
"content": "A member holding office as Speaker or\nDeputy Speaker of the House of the People—\n (a)shall vacate his office if he ceases to be a member of the House of\n the People;\n (b) may at any time, by writing under his hand addressed, if such\n member is the Speaker, to the Deputy Speaker, and if such member is\n the Deputy Speaker, to the Speaker, resign his office; and\n (c)may be removed from his office by a resolution of the House of\n the People passed by a majority of all the then members of the House:\n Provided that no resolution for the purpose of clause ( c)shall be moved\nunless at least fourteen days’ notice has been given of the intention to move the\nresolution:\n Provided further that, whenever the House of the People is dissolved, the\nSpeaker shall not vacate his office until immediately before the first meeting of\nthe House of the People after the dissolution.",
"footnote": "",
"is_definition": false,
"sort_order": 1010
},
{
"number": "95",
"title": "Article 95. Power of the Deputy Speaker or other person to perform the.",
"chapter": null,
"content": "(1)While the office of Speaker\nis vacant, the duties of the office shall be performed by the Deputy Speaker or,\nif the office of Deputy Speaker is also vacant, by such member of the House of\nthe People as the President may appoint for the purpose.\n (2)During the absence of the Speaker from any sitting of the House of the\nPeople the Deputy Speaker or, if he is also absent, such person as may be determined\nby the rules of procedure of the House, or, if no such person is present, such other\nperson as may be determined by the House, shall act as",
"footnote": "",
"is_definition": false,
"sort_order": 1020
},
{
"number": "96",
"title": "Article 96. The Speaker or the Deputy Speaker not to preside while a.",
"chapter": null,
"content": "resolution for his removal from office is under consideration. —(1)At any\nsitting of the House of the People, while any resolution for the removal of the\nSpeaker from his office is under consideration, the Speaker, or while any\nresolution for the removal of the Deputy Speaker from his office is under\nconsideration, the Deputy Speaker, shall not, though he is present, preside, and\nthe provisions of clause (2) of article 95 shall apply in relation to every such\nsitting as they apply in relation to a sitting from which the Speaker, or, as the\ncase may be, the Deputy Speaker, is absent.\n (2)The Speaker shall have the right to speak in, and otherwise to take\npart in the proceedings of, the House of the People while any resolution for his\nremoval from office is under consideration in the House and shall,\nnotwithstanding anything in article 100, be entitled to vote only in the first\ninstance on such resolution or on any other matter during such proceedings but\nnot in the case of an equality of votes.",
"footnote": "",
"is_definition": false,
"sort_order": 1030
},
{
"number": "97",
"title": "Article 97. Salaries and allowances of the Chairman and Deputy Chairman.",
"chapter": null,
"content": "There shall be paid to the Chairman\nand the Deputy Chairman of the Council of States, and to the Speaker and the\nDeputy Speaker of the House of the People, such salaries and allowances as may\nbe respectively fixed by Parliament by law and, until provision in that behalf is so\nmade, such salaries and allowances as are specified in the Second Schedule.",
"footnote": "",
"is_definition": false,
"sort_order": 1040
},
{
"number": "98",
"title": "Article 98. Secretariat of Parliament.",
"chapter": null,
"content": "(1)Each House of Parliament shall\nhave a separate secretarial staff:\n Provided that nothing in this clause shall be construed as preventing the\ncreation of posts common to both Houses of Parliament.\n (2)Parliament may by law regulate the recruitment, and the conditions\nof service of persons appointed, to the secretarial staff of either House of\nParliament.\n (3)Until provision is made by Parliament under clause (2), the President\nmay, after consultation with the Speaker of the House of the People or the\nChairman of the Council of States, as the case may be, make rules regulating\nthe recruitment, and the conditions of service of persons appointed, to the\nsecretarial staff of the House of the People or the Council of States, and any\nrules so made shall have effect subject to the provisions of any law made under\nthe said clause.\n44 THE CONSTITUTION OF INDIA\n\n Conduct of Business",
"footnote": "",
"is_definition": false,
"sort_order": 1050
},
{
"number": "99",
"title": "Article 99. Oath or affirmation by members.",
"chapter": null,
"content": "Every member of either House\nof Parliament shall, before taking his seat, make and subscribe before the\nPresident, or some person appointed in that behalf by him, an oath or\naffirmation according to the form set out for the purpose in the Third Schedule.",
"footnote": "",
"is_definition": false,
"sort_order": 1060
},
{
"number": "100",
"title": "Article 100. Voting in Houses, power of Houses to act notwithstanding.",
"chapter": null,
"content": "(1)Save as otherwise provided in this Constitution,\nall questions at any sitting of either House or joint sitting of the Houses shall be\ndetermined by a majority of votes of the members present and voting, other\nthan the Speaker or person acting as Chairman or Speaker.\n The Chairman or Speaker, or person acting as such, shall not vote in the\nfirst instance, but shall have and exercise a casting vote in the case of an\nequality of votes.\n (2) Either House of Parliament shall have power to act notwithstanding\nany vacancy in the membership thereof, and any proceedings in Parliament shall\nbe valid notwithstanding that it is discovered subsequently that some person who\nwas not entitled so to do sat or voted or otherwise took part in the proceedings.\n 1[(3)Until Parliament by law otherwise provides, the quorum to\nconstitute a meeting of either House of Parliament shall be one-tenth of the\ntotal number of members of the House.\n (4)If at any time during a meeting of a House there is no quorum, it shall\nbe the duty of the Chairman or Speaker, or person acting as such, either to\nadjourn the House or to suspend the meeting until there is a quorum.]\n Disqualifications of Members",
"footnote": "",
"is_definition": false,
"sort_order": 1070
},
{
"number": "101",
"title": "Article 101. Vacation of seats.",
"chapter": null,
"content": "(1)No person shall be a member of both\nHouses of Parliament and provision shall be made by Parliament by law for the\nvacation by a person who is chosen a member of both Houses of his seat in one\nHouse or the other.\n45 THE CONSTITUTION OF INDIA\n\n (2) No person shall be a member both of Parliament and of a House of\nthe Legislature of a State 1***, and if a person is chosen a member both of\nParliament and of a House of the Legislature of 2[a State], then, at the\nexpiration of such period as may be specified in rules made by the President,\nthat person’s seat in Parliament shall become vacant, unless he has previously\nresigned his seat in the Legislature of the State.\n (3)If a member of either House of Parliament—\n (a) becomes subject to any of the disqualifications mentioned in\n 3[clause (1) or clause (2) of article 102]; or\n\n 4[(b) resigns his seat by writing under his hand addressed to the\n Chairman or the Speaker, as the case may be, and his resignation is\n accepted by the Chairman or the Speaker, as the case may be,]\nhis seat shall thereupon become vacant:\n 5[Provided that in the case of any resignation referred to in sub-clause ( b),\nif from information received or otherwise and after making such inquiry as he\nthinks fit, the Chairman or the Speaker, as the case may be, is satisfied that\nsuch resignation is not voluntary or genuine, he shall not accept such\nresignation.]\n (4) If for a period of sixty days a member of either House of Parliament\nis without permission of the House absent from all meetings thereof, the House\nmay declare his seat vacant:\n Provided that in computing the said period of sixty days no account shall\nbe taken of any period during which the House is prorogued or is adjourned for\nmore than four consecutive days.\n46 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 1080
},
{
"number": "102",
"title": "Article 102. Disqualifications for membership.",
"chapter": null,
"content": "(1)A person shall be\ndisqualified for being chosen as, and for being, a member of either House of\nParliament—\n 1[(a) if he holds any office of profit under the Government of India\n or the Government of any State, other than an office declared by\n Parliament by law not to disqualify its holder;]\n (b) if he is of unsound mind and stands so declared by a competent\n court;\n (c) if he is an undischarged insolvent;\n (d) if he is not a citizen of India, or has voluntarily acquired the\n citizenship of a foreign State, or is under any acknowledgment of\n allegiance or adherence to a foreign State;\n (e) if he is so disqualified by or under any law made by Parliament.\n 2[Explanation.— For the purposes of this clause] a person shall not be\ndeemed to hold an office of profit under the Government of India or the\nGovernment of any State by reason only that he is a Minister either for the\nUnion or for such State.\n\n 3[(2) A person shall be disqualified for being a member of either House\nof Parliament if he is so disqualified under the Tenth Schedule.]",
"footnote": "",
"is_definition": false,
"sort_order": 1090
},
{
"number": "103",
"title": "Article 103. Decision on questions as to disqualifications of members.",
"chapter": null,
"content": "(1)If any question arises as to whether a member of either House of Parliament\nhas become subject to any of the disqualifications mentioned in clause (1) of\narticle 102, the question shall be referred for the decision of the President and\nhis decision shall be final.\n47 THE CONSTITUTION OF INDIA\n\n (2) Before giving any decision on any such question, the President shall\nobtain the opinion of the Election Commission and shall act according to such\nopinion.]",
"footnote": "",
"is_definition": false,
"sort_order": 1100
},
{
"number": "104",
"title": "Article 104. Penalty for sitting and voting before making oath or affirmation.",
"chapter": null,
"content": "under article 99 or when not qualified or when disqualified .—If a person\nsits or votes as a member of either House of Parliament before he has complied\nwith the requirements of article 99, or when he knows that he is not qualified or\nthat he is disqualified for membership thereof, or that he is prohibited from so\ndoing by the provisions of any law made by Parliament, he shall be liable in\nrespect of each day on which he so sits or votes to a penalty of five hundred\nrupees to be recovered as a debt due to the Union.",
"footnote": "",
"is_definition": false,
"sort_order": 1110
},
{
"number": "105",
"title": "Article 105. Powers, privileges, etc., of the Houses of Parliament and of the.",
"chapter": null,
"content": "(1) Subject to the provisions of this\nConstitution and to the rules and standing orders regulating the procedure of\nParliament, there shall be freedom of speech in Parliament.\n (2) No member of Parliament shall be liable to any proceedings in any court in\nrespect of anything said or any vote given by him in Parliament or any committee\nthereof, and no person shall be so liable in respect of the publication by or under the\nauthority of either House of Parliament of any report, paper, votes or proceedings.\n\n 1[(3) In other respects, the powers, privileges and immunities of each\nHouse of Parliament, and of the members and the committees of each House,\nshall be such as may from time to time be defined by Parliament by law,and,\nuntil so defined, 2[shall be those of that House and of its members and\ncommittees immediately before the coming into force of section 15 of the\nConstitution (Forty-fourth Amendment) Act, 1978.]].\n48 THE CONSTITUTION OF INDIA\n (4) The provisions of clauses (1), (2) and (3) shall apply in relation to\npersons who by virtue of this Constitution have the right to speak in, and\notherwise to take part in the proceedings of, a House of Parliament or any\ncommittee thereof as they apply in relation to members of Parliament.",
"footnote": "",
"is_definition": false,
"sort_order": 1120
},
{
"number": "106",
"title": "Article 106. Salaries and allowances of members.",
"chapter": null,
"content": "Members of either House\nof Parliament shall be entitled to receive such salaries and allowances as may\nfrom time to time be determined by Parliament by law and, until provision in\nthat respect is so made, allowances at such rates and upon such conditions as\nwere immediately before the commencement of this Constitution applicable in\nthe case of members of the Constituent Assembly of the Dominion of India.\n Legislative Procedure",
"footnote": "",
"is_definition": false,
"sort_order": 1130
},
{
"number": "107",
"title": "Article 107. Provisions as to introduction and passing of Bills.",
"chapter": null,
"content": "(1)Subject\nto the provisions of articles 109 and 117 with respect to Money Bills and other\nfinancial Bills, a Bill may originate in either House of Parliament.\n (2) Subject to the provisions of articles 108 and 109, a Bill shall not be\ndeemed to have been passed by the Houses of Parliament unless it has been\nagreed to by both Houses, either without amendment or with such amendments\nonly as are agreed to by both Houses.\n (3) A Bill pending in Parliament shall not lapse by reason of the\nprorogation of the Houses.\n (4) A Bill pending in the Council of States which has not been passed by\nthe House of the People shall not lapse on a dissolution of the House of the\nPeople.\n (5) A Bill which is pending in the House of the People, or which having\nbeen passed by the House of the People is pending in the Council of States,\nshall, subject to the provisions of article 108, lapse on a dissolution of the\nHouse of the People.",
"footnote": "",
"is_definition": false,
"sort_order": 1140
},
{
"number": "108",
"title": "Article 108. Joint sitting of both Houses in certain cases.",
"chapter": null,
"content": "(1)If after a Bill\nhas been passed by one House and transmitted to the other House—\n (a)the Bill is rejected by the other House; or\n (b)the Houses have finally disagreed as to the amendments to be\n made in the Bill; or\n (c)more than six months elapse from the date of the reception of the\n Bill by the other House without the Bill being passed by it,\n49 THE CONSTITUTION OF INDIA\n\nthe President may, unless the Bill has elapsed by reason of a dissolution of the\nHouse of the People, notify to the Houses by message if they are sitting or by\npublic notification if they are not sitting, his intention to summon them to meet\nin a joint sitting for the purpose of deliberating and voting on the Bill:\n Provided that nothing in this clause shall apply to a Money Bill.\n (2) In reckoning any such period of six months as is referred to in\nclause (1), no account shall be taken of any period during which the House\nreferred to in sub-clause ( c) of that clause is prorogued or adjourned for more\nthan four consecutive days.\n (3) Where the President has under clause (1) notified his intention of\nsummoning the Houses to meet in a joint sitting, neither House shall proceed\nfurther with the Bill, but the President may at any time after the date of his\nnotification summon the Houses to meet in a joint sitting for the purpose specified\nin the notification and, if he does so, the Houses shall meet accordingly.\n (4) If at the joint sitting of the two Houses the Bill, with such amendments,\nif any, as are agreed to in joint sitting, is passed by a majority of the total number\nof members of both Houses present and voting, it shall be deemed for the\npurposes of this Constitution to have been passed by both Houses:\n Provided that at a joint sitting—\n (a)if the Bill, having been passed by one House, has not been passed\n by the other House with amendments and returned to the House in which\n it originated, no amendment shall be proposed to the Bill other than such\n amendments (if any) as are made necessary by the delay in the passage\n of the Bill;\n (b) if the Bill has been so passed and returned, only such amendments as\n aforesaid shall be proposed to the Bill and such other amendments as are\n relevant to the matters with respect to which the Houses have not agreed,\nand the decision of the person presiding as to the amendments which are admissible\nunder this clause shall be final.\n (5) A joint sitting may be held under this article and a Bill passed\nthereat, notwithstanding that a dissolution of the House of the People has\nintervened since the President notified his intention to summon the Houses to\nmeet therein.",
"footnote": "",
"is_definition": false,
"sort_order": 1150
},
{
"number": "109",
"title": "Article 109. Special procedure in respect of Money Bills.",
"chapter": null,
"content": "(1) A Money Bill\nshall not be introduced in the Council of States.\n50 THE CONSTITUTION OF INDIA\n (2) After a Money Bill has been passed by the House of the People it\nshall be transmitted to the Council of States for its recommendations and the\nCouncil of States shall within a period of fourteen days from the date of its\nreceipt of the Bill return the Bill to the House of the People with its\nrecommendations and the House of the People may thereupon either accept or\nreject all or any of the recommendations of the Council of States.\n (3) If the House of the People accepts any of the recommendations of the\nCouncil of States, the Money Bill shall be deemed to have been passed by both\nHouses with the amendments recommended by the Council of States and\naccepted by the House of the People.\n (4) If the House of the People does not accept any of the\nrecommendations of the Council of States, the Money Bill shall be deemed to\nhave been passed by both Houses in the form in which it was passed by the\nHouse of the People without any of the amendments recommended by the\nCouncil of States.\n (5) If a Money Bill passed by the House of the People and transmitted to\nthe Council of States for its recommendations is not returned to the House of\nthe People within the said period of fourteen days, it shall be deemed to have\nbeen passed by both Houses at the expiration of the said period in the form in\nwhich it was passed by the House of the People.",
"footnote": "",
"is_definition": false,
"sort_order": 1160
},
{
"number": "110",
"title": "Article 110. Definition of “Money Bills”.",
"chapter": null,
"content": "(1) For the purposes of this\nChapter, a Bill shall be deemed to be a Money Bill if it contains only provisions\ndealing with all or any of the following matters, namely:—\n (a) the imposition, abolition, remission, alteration or regulation of any\n tax;\n (b) the regulation of the borrowing of money or the giving of any\n guarantee by the Government of India, or the amendment of the law with\n respect to any financial obligations undertaken or to be undertaken by\n the Government of India;\n (c) the custody of the Consolidated Fund or the Contingency Fund of\n India, the payment of moneys into or the withdrawal of moneys from any\n such Fund;\n (d) the appropriation of moneys out of the Consolidated Fund of India;\n (e) the declaring of any expenditure to be expenditure charged on the\n Consolidated Fund of India or the increasing of the amount of any such\n expenditure;\n51 THE CONSTITUTION OF INDIA\n\n (f) the receipt of money on account of the Consolidated Fund of India\n or the public account of India or the custody or issue of such money or\n the audit of the accounts of the Union or of a State; or\n (g) any matter incidental to any of the matters specified in\n sub-clauses ( a) to (f).\n (2) A Bill shall not be deemed to be a Money Bill by reason only that it\nprovides for the imposition of fines or other pecuniary penalties, or for the\ndemand or payment of fees for licences or fees for services rendered, or by\nreason that it provides for the imposition, abolition, remission, alteration or\nregulation of any tax by any local authority or body for local purposes.\n (3) If any question arises whether a Bill is a Money Bill or not, the\ndecision of the Speaker of the House of the People thereon shall be final.\n (4) There shall be endorsed on every Money Bill when it is transmitted\nto the Council of States under article 109, and when it is presented to the\nPresident for assent under article 111, the certificate of the Speaker of the\nHouse of the People signed by him that it is a Money Bill.",
"footnote": "",
"is_definition": false,
"sort_order": 1170
},
{
"number": "111",
"title": "Article 111. Assent to Bills.",
"chapter": null,
"content": "When a Bill has been passed by the Houses of\nParliament, it shall be presented to the President, and the President shall declare\neither that he assents to the Bill, or that he withholds assent therefrom:\n Provided that the President may, as soon as possible after the\npresentation to him of a Bill for assent, return the Bill if it is not a Money Bill\nto the Houses with a message requesting that they will reconsider the Bill or\nany specified provisions thereof and, in particular, will consider the desirability\nof introducing any such amendments as he may recommend in his message,\nand when a Bill is so returned, the Houses shall reconsider the Bill accordingly,\nand if the Bill is passed again by the Houses with or without amendment and\npresented to the President for assent, the President shall not withhold assent\ntherefrom.\n Procedure in Financial Matters",
"footnote": "",
"is_definition": false,
"sort_order": 1180
},
{
"number": "112",
"title": "Article 112. Annual financial statement.",
"chapter": null,
"content": "(1) The President shall in respect of\nevery financial year cause to be laid before both the Houses of Parliament a\nstatement of the estimated receipts and expenditure of the Government of India\nfor that year, in this Part referred to as the \"annual financial statement''.\n (2) The estimates of expenditure embodied in the annual financial\nstatement shall show separately—\n52 THE CONSTITUTION OF INDIA\n (a) the sums required to meet expenditure described by this\n Constitution as expenditure charged upon the Consolidated Fund of\n India; and\n (b) the sums required to meet other expenditure proposed to be\n made from the Consolidated Fund of India,\nand shall distinguish expenditure on revenue account from other expenditure.\nConsolidated Fund of India—(3) The following expenditure shall be expenditure charged on the\n\n expenditure relating to his office;(a) the emoluments and allowances of the President and other\n\n Chairman of the Council of States and the Speaker and the Deputy (b) the salaries and allowances of the Chairman and the Deputy\n Speaker of the House of the People;\n including interest, sinking fund charges and redemption charges, and (c) debt charges for which the Government of India is liable\n other expenditure relating to the raising of loans and the service and\n redemption of debt;\n respect of Judges of the Supreme Court;(d) (i) the salaries, allowances and pensions payable to or in\n\n Court; (ii) the pensions payable to or in respect of Judges of the Federal\n\n Court which exercises jurisdiction in relation to any area included in the (iii) the pensions payable to or in respect of Judges of any High\n territory of India or which at any time before the commencement of this\n Constitution exercised jurisdiction in relation to any area included in\n 1[a Governor's Province of the Dominion of India];\n the Comptroller and Auditor-General of India;(e) the salary, allowances and pension payable to or in respect of\n\n any court or arbitral tribunal;(f) any sums required to satisfy any judgment, decree or award of\n\n Parliament by law to be so charged.(g) any other expenditure declared by this Constitution or by\n\nmuch of the estimates as relates to expenditure charged upon the Consolidated",
"footnote": "",
"is_definition": false,
"sort_order": 1190
},
{
"number": "113",
"title": "Article 113. Procedure in Parliament with respect to estimates.",
"chapter": null,
"content": "(1) So\nFund of India shall not be submitted to the vote of Parliament, but nothing in\nthis clause shall be construed as preventing the discussion in either House of\nParliament of any of those estimates.\n53 THE CONSTITUTION OF INDIA\nsubmitted in the form of demands for grants to the House of the People, and the (2) So much of the said estimates as relates to other expenditure shall be\nHouse of the People shall have power to assent, or to refuse to assent, to any\ndemand, or to assent to any demand subject to a reduction of the amount\nspecified therein.\n (3) No demand for a grant shall be made except on the recommendation\nof the President.",
"footnote": "",
"is_definition": false,
"sort_order": 1200
},
{
"number": "114",
"title": "Article 114. Appropriation Bills.",
"chapter": null,
"content": "(1) As soon as may be after the grants under\narticle 113 have been made by the House of the People, there shall be\nintroduced a Bill to provide for the appropriation out of the Consolidated Fund\nof India of all moneys required to meet—\n (a)the grants so made by the House of the People; and\n (b)the expenditure charged on the Consolidated Fund of India but\n not exceeding in any case the amount shown in the statement previously\n laid before Parliament.\n (2) No amendment shall be proposed to any such Bill in either House of\nParliament which will have the effect of varying the amount or altering the\ndestination of any grant so made or of varying the amount of any expenditure\ncharged on the Consolidated Fund of India, and the decision of the person\npresiding as to whether an amendment is inadmissible under this clause shall be\nfinal.\nwithdrawn from the Consolidated Fund of India except under appropriation (3) Subject to the provisions of articles 115 and 116, no money shall be\nmade by law passed in accordance with the provisions of this article.\nshall— 115.Supplementary, additional or excess grants .—(1) The President\n\n provisions of article 114 to be expended for a particular service for the (a) if the amount authorised by any law made in accordance with the\n current financial year is found to be insufficient for the purposes of that\n year or when a need has arisen during the current financial year for\n supplementary or additional expenditure upon some new service not\n contemplated in the annual financial statement for that year;or\n year in excess of the amount granted for that service and for that year,(b) if any money has been spent on any service during a financial\n\ncause to be laid before both the Houses of Parliament another statement\nshowing the estimated amount of that expenditure or cause to be presented to\nthe House of the People a demand for such excess, as the case may be.\n54 THE CONSTITUTION OF INDIA\nrelation to any such statement and expenditure or demand and also to any law (2) The provisions of articles 112, 113 and 114 shall have effect in\nto be made authorising the appropriation of moneys out of the Consolidated\nFund of India to meet such expenditure or the grant in respect of such demand\nas they have effect in relation to the annual financial statement and the\nexpenditure mentioned therein or to a demand for a grant and the law to be\nmade for the authorisation of appropriation of moneys out of the Consolidated\nFund of India to meet such expenditure or grant.\ngrants 116.Votes on account, votes of credit and exceptional .—(1)Notwithstanding anything in the foregoing provisions of this\nChapter, the House of the People shall have power—\n expenditure for a part of any financial year pending the completion of (a) to make any grant in advance in respect of the estimated\n the procedure prescribed in article 113 for the voting of such grant and\n the passing of the law in accordance with the provisions of article 114 in\n relation to that expenditure;\n resources of India when on account of the magnitude or the indefinite (b) to make a grant for meeting an unexpected demand upon the\n character of the service the demand cannot be stated with the details\n ordinarily given in an annual financial statement;\n service of any financial year,(c) to make an exceptional grant which forms no part of the current\n\nand Parliament shall have power to authorise by law the withdrawal of moneys from\nthe Consolidated Fund of India for the purposes for which the said grants are made.\nthe making of any grant under clause (1) and to any law to be made under that (2) The provisions of articles 113 and 114 shall have effect in relation to\n\nclause as they have effect in relation to the making of a grant with regard to any\nexpenditure mentioned in the annual financial statement and the law to be made\nfor the authorisation of appropriation of moneys out of the Consolidated Fund\nof India to meet such expenditure.\n 117.Special provisions as to financial Bills .—(1) A Bill or amendment\nmaking provision for any of the matters specified in sub-clauses ( a) to (f) of\nclause (1) of article 110 shall not be introduced or moved except on the\nrecommendation of the President and a Bill making such provision shall not be\nintroduced in the Council of States:\n Provided that no recommendation shall be required under this clause for\nthe moving of an amendment making provision for the reduction or abolition of\nany tax.\n55 THE CONSTITUTION OF INDIA\nof the matters aforesaid by reason only that it provides for the imposition of (2) A Bill or amendment shall not be deemed to make provision for any\nfines or other pecuniary penalties, or for the demand or payment of fees for\nlicences or fees for services rendered, or by reason that it provides for the\nimposition, abolition, remission, alteration or regulation of any tax by any local\nauthority or body for local purposes.\nexpenditure from the Consolidated Fund of India shall not be passed by either (3) A Bill which, if enacted and brought into operation, would involve\nHouse of Parliament unless the President has recommended to that House the\nconsideration of the Bill.\n Procedure Generally\nrules for regulating, subject to the provisions of this Constitution, its procedure118. Rules of procedure.—(1) Each House of Parliament may make\nand the conduct of its business.\nstanding orders in force immediately before the commencement of this (2) Until rules are made under clause (1), the rules of procedure and\nConstitution with respect to the Legislature of the Dominion of India shall have\neffect in relation to Parliament subject to such modifications and adaptations as\nmay be made therein by the Chairman of the Council of States or the Speaker\nof the House of the People, as the case may be.\nStates and the Speaker of the House of the People, may make rules as to the (3) The President, after consultation with the Chairman of the Council of\nprocedure with respect to joint sittings of, and communications between, the\ntwo Houses.\nPeople, or in his absence such person as may be determined by rules of (4) At a joint sitting of the two Houses the Speaker of the House of the\nprocedure made under clause (3), shall preside.\nfinancial business.119.Regulation by law of procedure in Parliament in relation to —Parliament may, for the purpose of the timely completion\nof financial business, regulate by law the procedure of, and the conduct of\nbusiness in, each House of Parliament in relation to any financial matter or to\nany Bill for the appropriation of moneys out of the Consolidated Fund of India,\nand, if and so far as any provision of any law so made is inconsistent with any\nrule made by a House of Parliament under clause (1) of article 118 or with any\nrule or standing order having effect in relation to Parliament under clause (2) of\nthat article, such provision shall prevail.\n\n56 THE CONSTITUTION OF INDIA\n\n 120.Language to be used in Parliament. —(1) Notwithstanding\nanything in Part XVII, but subject to the provisions of article 348, business in\nParliament shall be transacted in Hindi or in English:\n Provided that the Chairman of the Council of States or Speaker of the\nHouse of the People, or person acting as such, as the case may be, may permit\nany member who cannot adequately express himself in Hindi or in English to\naddress the House in his mother-tongue.\n (2) Unless Parliament by law otherwise provides, this article shall, after\nthe expiration of a period of fifteen years from the commencement of this\nConstitution, have effect as if the words “or in English” were omitted\ntherefrom.\n 121. Restriction on discussion in Parliament .—No discussion shall\ntake place in Parliament with respect to the conduct of any Judge of the\nSupreme Court or of a High Court in the discharge of his duties except upon a\nmotion for presenting an address to the President praying for the removal of the\nJudge as hereinafter provided.\n 122.Courts not to inquire into proceedings of Parliament. —(1) The\nvalidity of any proceedings in Parliament shall not be called in question on the\nground of any alleged irregularity of procedure.\n (2) No officer or member of Parliament in whom powers are vested by\nor under this Constitution for regulating procedure or the conduct of business,\nor for maintaining order, in Parliament shall be subject to the jurisdiction of any\ncourt in respect of the exercise by him of those powers.",
"footnote": "",
"is_definition": false,
"sort_order": 1210
},
{
"number": "123",
"title": "CHAPTER III - LEGISLATIVE POWERS OF THE",
"chapter": "CHAPTER III",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1220
},
{
"number": "124",
"title": "CHAPTER IV - THE UNION JUDICIARY",
"chapter": "CHAPTER IV",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1230
},
{
"number": "124A",
"title": "Article 124A. National Judicial Appointment s Commission.",
"chapter": null,
"content": "(1) There\nshall be a Commission to be known as the National Judicial Appointments\nCommission consisting of the following, namely:—\n59 THE CONSTITUTION OF INDIA\n (a) the Chief Justice of India, Chairperson, ex officio ;\n Chief Justice of India––Members, (b) two other senior Judges of the Supreme Court next to the ex officio;\n\n ex officio(c) the Union Minister in charge of Law and Justice––Member,;\n\n consisting of the Prime Minister, the Chief Justice of India and the (d) two eminent persons to be nominated by the committee\n Leader of Opposition in theHouse of the People or where there is no\n such Leader of Opposition, then, the Leader of single largest Opposition\n Party in the House of the People––Members:\n amongstthe persons belonging to the Scheduled Castes, the Scheduled Provided that one of the eminent person shall be nominated from\n Tribes, Other Backward Classes, Minorities or Women:\n period ofthree years and shall notbe eligible for renomination.Provided further that an eminent person shall be nominated for a\n\nCommissionshall be questioned or be invalidated merely on the ground of the (2) No act or proceedings of the National Judicial Appointments\nexistence of anyvacancy or defect in the constitution of the Commission.\nJudicial Appointments Commissionto—",
"footnote": "",
"is_definition": false,
"sort_order": 1240
},
{
"number": "124B",
"title": "Article 124B. Functions of Commission.",
"chapter": null,
"content": "–It shall be the duty of the National\n\n Judgesof the Supreme Court, Chief Justices of High Courts and other (a) recommendpersons for appointment as Chief Justice of India,\n Judges of HighCourts;\n Courtsfrom one High Court to any other High Court; and(b) recommend transfer of Chief Justices and other Judges of High\n\n (c) ensure that the person recommended is of ability and integrity.\nregulate the procedure for the appointment ofChief Justice of India and other",
"footnote": "",
"is_definition": false,
"sort_order": 1250
},
{
"number": "124C",
"title": "Article 124C. Power of Parliament to make law.",
"chapter": null,
"content": "–Parliament may, by law,\nJudges of the Supreme Court and Chief Justices andother Judges of High\nCourts and empower the Commission to lay down by regulationsthe procedure\nfor the discharge of its functions, the manner of selection of persons for\nappointment and such other matters as may be considered necessary by it.]\n 125. Salaries, etc., of Judges .— 1[(1) There shall be paid to the Judges\nof the Supreme Court such salaries as may be determined by Parliament by law\nand, until provision in that behalf is so made, such salaries as are specified in\nthe Second Schedule.]\nrights in respect of leave of absence and pension as may from time to time be (2) Every Judge shall be entitled to such privileges and allowances and to such\ndetermined by or under law made by Parliament and, until so determined, to such\nprivileges, allowances and rights as are specified in the Second Schedule:\n60 THE CONSTITUTION OF INDIA\nrights in respect of leave of absence or pension shall be varied to his Provided that neither the privileges nor the allowances of a Judge nor his\ndisadvantage after his appointment.\nJustice of India is vacant or when the Chief Justice is, by reason of absence or 126. Appointment of acting Chief Justice.—When the office of Chief\notherwise, unable to perform the duties of his office, the duties of the office\nshall be performed by such one of the other Judges of the Court as the President\nmay appoint for the purpose.\nnot be a quorum of the Judges of the Supreme Court available to hold or 127. Appointment of ad hoc Judges.—(1) If at any time there should\ncontinue any session of the Court, 1[the National Judicial Appointments\nCommission on a reference made to it by the Chief Justice of India, may with\nthe previous consent of the President] and after consultation with the Chief\nJustice of the High Court concerned, request in writing the attendance at the\nsittings of the Court, as an ad hoc Judge, for such period as may be necessary,\nof a Judge of a High Court duly qualified for appointment as a Judge of the\nSupreme Court to be designated by the Chief Justice of India.\npriority to other duties of his office, to attend the sittings of the Supreme Court (2) It shall be the duty of the Judge who has been so designated, in\nat the time and for the period for which his attendance is required, and while so\nattending he shall have all the jurisdiction, powers and privileges, and shall\ndischarge the duties, of a Judge of the Supreme Court.\nCourt. 128. Attendance of retired Judges at sittings of the Supreme —Notwithstanding anything in this Chapter, 2[the National Judicial\nAppointments Commission]may at any time, with the previous consent of the\nPresident, request any person who has held the office of a Judge of the 3\nSupreme Court or of the Federal Court [or who has held the office of a Judge\nof a High Court and is duly qualified for appointment as a Judge of the\nSupreme Court]to sit and act as a Judge of the Supreme Court, and every such\nperson so requested shall, while so sitting and acting, be entitled to such\nallowances as the President may by order determine and have all the\njurisdiction, powers and privileges of, but shall not otherwise be deemed to be,\na Judge of that Court:\n61 THE CONSTITUTION OF INDIA\nperson as aforesaid to sit and act as a Judge of that Court unless he consents so Provided that nothing in this article shall be deemed to require any such\nto do.\nshall be a court of record and shall have all the powers of such a court including 129. Supreme Court to be a court of record.—The Supreme Court\nthe power to punish for contempt of itself.\nin such other place or places, as the Chief Justice of India may, with the 130. Seat of Supreme Court.—The Supreme Court shall sit in Delhi or\napproval of the President, from time to time, appoint.\nprovisions of this Constitution, the Supreme Court shall, to the exclusion of any 131. Original jurisdiction of the Supreme Court.—Subject to the\nother court, have original jurisdiction in any dispute—\n (a) between the Government of India and one or more States; or\n side and one or more other States on the other; or (b) between the Government of India and any State or States on one\n\n (c) between two or more States,\nif and in so far as the dispute involves any question (whether of law or fact) on which\nthe existence or extent of a legal right depends:\n 1[Provided that the said jurisdiction shall not extend to a dispute arising\nout of any treaty, agreement, covenant, engagement, sanad or other similar\ninstrument which, having been entered into or executed before the\ncommencement of this Constitution, continues in operation after such\ncommencement, or which provides that the said jurisdiction shall not extend to\nsuch a dispute.]\n 2[131A . Exclusive jurisdiction of the Supreme Court in regard to\nquestions as to constitutional validity of Central laws. ].—Omittedby the\nConstitution (Forty-third Amendment ) Act, 1977 , s. 4(w.e.f. 13-4-1978) .\nHigh Courts in certain cases132.Appellate jurisdiction of the Supreme Court in appeals from .—(1) An appeal shall lie to the Supreme Court\nfrom any judgment, decree or final order of a High Court in the territory of\nIndia, whether in a civil, criminal or other proceeding, 3[if the High Court\ncertifies under article 134A]that the case involves a substantial question of law\nas to the interpretation of this Constitution.\n\n62 THE CONSTITUTION OF INDIA\n\n 1(2)* * * * *\n (3) Where such a certificate is given, 2*** any party in the case may\nappeal to the Supreme Court on the ground that any such question as aforesaid\nhas been wrongly decided 2***.\norder” includes an order deciding an issue which, if decided in favour of the Explanation.—For the purposes of this article, the expression “final\nappellant, would be sufficient for the final disposal of the case.\nHigh Courts in regard to civil matters.133.Appellate jurisdiction of the Supreme Court in appeals from —3[(1) An appeal shall lie to the\nSupreme Court from any judgment, decree or final order in a civil proceeding 4\nof a High Court in the territory of India [if the High Court certifies under\narticle 134A—]\n importance; and(a) that the case involves a substantial question of law of general\n\n decided by the Supreme Court.](b) that in the opinion of the High Court the said question needs to be\n\nSupreme Court under clause (1) may urge as one of the grounds in such appeal (2) Notwithstanding anything in article 132, any party appealing to the\nthat a substantial question of law as to the interpretation of this Constitution has\nbeen wrongly decided.\nby law otherwise provides, lie to the Supreme Court from the judgment, decree or final (3) Notwithstanding anything in this article, no appeal shall, unless Parliament\norder of one Judge of a High Court.\ncriminal matters.134. Appellate jurisdiction of the Supreme Court in regard to —(1) An appeal shall lie to the Supreme Court from any\njudgment, final order or sentence in a criminal proceeding of a High Court in\nthe territory of India if the High Court—\n and sentenced him to death; or (a) has on appeal reversed an order of acquittal of an accused person\n subordinate to its authority and has in such trial convicted the accused (b) has withdrawn for trial before itself any case from any court\n person and sentenced him to death; or\n (c) 5[certifies under article 134A]that the case is a fit one for appeal\n to the Supreme Court:\n63 THE CONSTITUTION OF INDIA\nprovisions as may be made in that behalf under clause (1) of article 145 and to Provided that an appeal under sub-clause (c) shall lie subject to such\n\nsuch conditions as the High Court may establish or require.\npowers to entertain and hear appeals from any judgment, final order or sentence (2) Parliament may by law confer on the Supreme Court any further\nin a criminal proceeding of a High Court in the territory of India subject to such\nconditions and limitations as may be specified in such law.\n 1[134A. Certificate for appeal to the Supreme Court. —Every High\nCourt, passing or making a judgment, decree, final order, or sentence, referred to\nin clause (1) of article 132 or clause (1) of article 133, or clause (1) of article\n134,—\n (a) may, if it deems fit so to do, on its own motion; and\n aggrieved, immediately after the passing or making of such judgment, (b) shall, if an oral application is made, by or on behalf of the party\n decree, final order or sentence,\ndetermine, as soon as may be after such passing or making, the question\nwhether a certificate of the nature referred to in clause (1) of article 132, or\nclause (1) of article 133 or, as the case may be, sub-clause ( c) of clause (1) of\narticle 134, may be given in respect of that case.]\nlaw to be exercisable by the Supreme Court.",
"footnote": "",
"is_definition": false,
"sort_order": 1260
},
{
"number": "135",
"title": "Article 135. Jurisdiction and powers of the Federal Court under existing law.",
"chapter": null,
"content": "Until Parliament by law\notherwise provides, the Supreme Court shall also have jurisdiction and powers\nwith respect to any matter to which the provisions of article 133 or article 134\ndo not apply if jurisdiction and powers in relation to that matter were\nexercisable by the Federal Court immediately before the commencement of this\nConstitution under any existing law.\nNotwithstanding anything in this Chapter, the Supreme Court may, in its",
"footnote": "",
"is_definition": false,
"sort_order": 1270
},
{
"number": "136",
"title": "Article 136. Special leave to appeal by the Supreme Court.",
"chapter": null,
"content": "(1)\ndiscretion, grant special leave to appeal from any judgment, decree,\ndetermination, sentence or order in any cause or matter passed or made by any\ncourt or tribunal in the territory of India.\nsentence or order passed or made by any court or tribunal constituted by or (2) Nothing in clause (1) shall apply to any judgment, determination,\nunder any law relating to the Armed Forces.\nto the provisions of any law made by Parliament or any rules made under",
"footnote": "",
"is_definition": false,
"sort_order": 1280
},
{
"number": "137",
"title": "Article 137. Review of judgments or orders by the Supreme Court.",
"chapter": null,
"content": "Subject\narticle 145, the Supreme Court shall have power to review any judgment\npronounced or order made by it.\n64 THE CONSTITUTION OF INDIA\nSupreme Court shall have such further jurisdiction and powers with respect to",
"footnote": "",
"is_definition": false,
"sort_order": 1290
},
{
"number": "138",
"title": "Article 138. Enlargement of the jurisdiction of the Supreme Court.",
"chapter": null,
"content": "(1) The\nany of the matters in the Union List as Parliament may by law confer.\n (2) The Supreme Court shall have such further jurisdiction and powers\nwith respect to any matter as the Government of India and the Government of\nany State may by special agreement confer, if Parliament by law provides for\nthe exercise of such jurisdiction and powers by the Supreme Court.",
"footnote": "",
"is_definition": false,
"sort_order": 1300
},
{
"number": "139",
"title": "Article 139. Conferment on the Supreme Court of powers to issue certain.",
"chapter": null,
"content": "Parliament may by law confer on the Supreme Court power to issue\ndirections, orders or writs, including writs in the nature of habeas corpus,\nmandamus, prohibition, quo warranto and certiorari, or any of them, for any\npurposes other than those mentioned in clause (2) of article 32.",
"footnote": "",
"is_definition": false,
"sort_order": 1310
},
{
"number": "139A",
"title": "Article 139A. Transfer of certain cases.",
"chapter": null,
"content": "2[(1) Where cases involving the\nsame or substantially the same questions of law are pending before the\nSupreme Court and one or more High Courts or before two or more High\nCourts and the Supreme Court is satisfied on its own motion or on an\napplication made by the Attorney-General of India or by a party to any such\ncase that such questions are substantial questions of general importance, the\nSupreme Court may withdraw the case or cases pending before the High Court\nor the High Courts and dispose of all the cases itself:\n Provided that the Supreme Court may after determining the said\nquestions of law return any case so withdrawn together with a copy of its\njudgment on such questions to the High Court from which the case has been\nwithdrawn, and the High Court shall on receipt thereof, proceed to dispose of\nthe case in conformity with such judgment.]\n (2) The Supreme Court may, if it deems it expedient so to do for the ends\nof justice, transfer any case, appeal or other proceedings pending before any\nHigh Court to any other High Court.]",
"footnote": "",
"is_definition": false,
"sort_order": 1320
},
{
"number": "140",
"title": "Article 140. Ancillary powers ofthe Supreme Court.",
"chapter": null,
"content": "Parliament may by\nlaw make provision for conferring upon the Supreme Court such supplemental\npowers not inconsistent with any of the provisions of this Constitution as may\nappear to be necessary or desirable for the purpose of enabling the Court more\neffectively to exercise the jurisdiction conferred upon it by or under this\nConstitution.\n65 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 1330
},
{
"number": "141",
"title": "Article 141. Law declared by Supreme Court to be binding on all courts.",
"chapter": null,
"content": "The law declared by the Supreme Court shall be binding on all courts within\nthe territory of India.\norders as to discovery, etc",
"footnote": "",
"is_definition": false,
"sort_order": 1340
},
{
"number": "142",
"title": "Article 142. Enforcement of decrees and orders of the Supreme Court and.",
"chapter": null,
"content": "(1) The Supreme Court in the exercise of its\njurisdiction may pass such decree or make such order as is necessary for doing\ncomplete justice in any cause or matter pending before it, and any decree so\npassed or order so made shall be enforceable throughout the territory of India in\nsuch manner as may be prescribed by or under any law made by Parliament\nand, until provision in that behalf is so made, in such manner as the President\nmay by order 1 prescribe.\nParliament, the Supreme Court shall, as respects the whole of the territory of (2) Subject to the provisions of any law made in this behalf by\nIndia, have all and every power to make any order for the purpose of securing\nthe attendance of any person, the discovery or production of any documents, or\nthe investigation or punishment of any contempt of itself.\nany time it appears to the President that a question of law or fact has arisen, or",
"footnote": "",
"is_definition": false,
"sort_order": 1350
},
{
"number": "143",
"title": "Article 143. Power of the President to consult the Supreme Court.",
"chapter": null,
"content": "(1) If at\nis likely to arise, which is of such a nature and of such public importance that it\nis expedient to obtain the opinion of the Supreme Court upon it, he may refer\nthe question to that Court for consideration and the Court may, after such\nhearing as it thinks fit, report to the President its opinion thereon.\n (2) The President may, notwithstanding anything in 2*** the proviso to\narticle 131, refer a dispute of the kind mentioned in the 3[said proviso]to the\nSupreme Court for opinion and the Supreme Court shall, after such hearing as it\nthinks fit, report to the President its opinion thereon.\nCourt.",
"footnote": "",
"is_definition": false,
"sort_order": 1360
},
{
"number": "144",
"title": "Article 144. Civil and judicial authorities to act in aid of the Supreme.",
"chapter": null,
"content": "All authorities, civil and judicial, in the territory of India shall act in\naid of the Supreme Court.",
"footnote": "",
"is_definition": false,
"sort_order": 1370
},
{
"number": "144A",
"title": "Article 144A. Special provisions as to disposal of questions relating to.",
"chapter": null,
"content": "Omittedby the Constitution (Forty-third\nAmendment ) Act, 1977 , s.5 ( w.e.f. 13-4-1978).]\nmade by Parliament, the Supreme Court may from time to time, with the",
"footnote": "",
"is_definition": false,
"sort_order": 1380
},
{
"number": "145",
"title": "Article 145. Rules of Court, etc.",
"chapter": null,
"content": "(1) Subject to the provisions of any law\napproval of the President, make rules for regulating generally the practice and\nprocedure of the Court including—\n (a) rules as to the persons practising before the Court;\n66 THE CONSTITUTION OF INDIA\n pertaining to appeals including the time within which appeals to the (b) rules as to the procedure for hearing appeals and other matters\n Court are to be entered;\n any of the rights conferred by Part III; (c) rules as to the proceedings in the Court for the enforcement of\n\n\n 1[(cc) rules as to the proceedings in the Court under 2[article\n 139A];]\n clause (1) of article 134; (d) rules as to the entertainment of appeals under sub-clause ( c) of\n\n pronounced or order made by the Court may be reviewed and the (e) rules as to the conditions subject to which any judgment\n procedure for such review including the time within which applications\n to the Court for such review are to be entered;\n Court and as to the fees to be charged in respect of proceedings therein; (f) rules as to the costs of and incidental to any proceedings in the\n\n (g) rules as to the granting of bail;\n (h) rules as to stay of proceedings;\n which appears to the Court to be frivolous or vexatious or brought for (i) rules providing for the summary determination of any appeal\n the purpose of delay;\n clause (1) of article 317.(j) rules as to the procedure for inquiries referred to in\n (2) Subject to the 3[provisions of 4*** clause (3)], rules made under this\narticle may fix the minimum number of Judges who are to sit for any purpose,\nand may provide for the powers of single Judges and Division Courts.\n (3) 5[4***The minimum number]of Judges who are to sit for the purpose\nof deciding any case involving a substantial question of law as to the\ninterpretation of this Constitution or for the purpose of hearing any reference\nunder article 143 shall be five:\n67 THE CONSTITUTION OF INDIA\n Provided that, where the Court hearing an appeal under any of the\nprovisions of this Chapter other than article 132 consists of less than five\nJudges and in the course of the hearing of the appeal the Court is satisfied that\nthe appeal involves a substantial question of law as to the interpretation of this\nConstitution the determination of which is necessary for the disposal of the\nappeal, such Court shall refer the question for opinion to a Court constituted as\nrequired by this clause for the purpose of deciding any case involving such a\nquestion and shall on receipt of the opinion dispose of the appeal in conformity\nwith such opinion.\nCourt, and no report shall be made under article 143 save in accordance with an (4) No judgment shall be delivered by the Supreme Court save in open\nopinion also delivered in open Court.\nCourt save with the concurrence of a majority of the Judges present at the (5) No judgment and no such opinion shall be delivered by the Supreme\nhearing of the case, but nothing in this clause shall be deemed to prevent a\nJudge who does not concur from delivering a dissenting judgment or opinion.",
"footnote": "",
"is_definition": false,
"sort_order": 1390
},
{
"number": "146",
"title": "Article 146. Officers and servants and the expenses of the Supreme Court.",
"chapter": null,
"content": "(1) Appointments of officers and servants of the Supreme Court shall be made\nby the Chief Justice of India or such other Judge or officer of the Court as he\nmay direct:\n Provided that the President may by rule require that in such cases as may\nbe specified in the rule, no person not already attached to the Court shall be\nappointed to any office connected with the Court, save after consultation with\nthe Union Public Service Commission.\n (2) Subject to the provisions of any law made by Parliament, the\nconditions of service of officers and servants of the Supreme Court shall be\nsuch as may be prescribed by rules made by the Chief Justice of India or by\nsome other Judge or officer of the Court authorised by the Chief Justice of\nIndia to make rules for the purpose:\n Provided that the rules made under this clause shall, so far as they relate\nto salaries, allowances, leave or pensions, require the approval of the President.\n (3) The administrative expenses of the Supreme Court, including all\nsalaries, allowances and pensions payable to or in respect of the officers and\nservants of the Court, shall be charged upon the Consolidated Fund of India,\nand any fees or other moneys taken by the Court shall form part of that Fund.\n68 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 1400
},
{
"number": "147",
"title": "Article 147. Interpretation.",
"chapter": null,
"content": "In this Chapter and in Chapter V of Part VI,\nreferences to any substantial question of law as to the interpretation of this\nConstitution shall be construed as including references to any substantial\nquestion of law as to the interpretation of the Government of India Act, 1935\n(including any enactment amending or supplementing that Act), or of any\nOrder in Council or order made thereunder, or of the Indian Independence\nAct, 1947, or of any order made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 1410
},
{
"number": "143",
"title": "CHAPTER V - COMPTROLLER AND AUDITOR-",
"chapter": "CHAPTER V",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1420
},
{
"number": "148",
"title": "Article 148. Comptroller and Auditor-General of India.",
"chapter": null,
"content": "General of India .—(1) There shall be a\nComptroller and Auditor-General of India who shall be appointed by the\nPresident by warrant under his hand and seal and shall only be removed from\noffice in like manner and on the like grounds as a Judge of the Supreme Court.\n (2) Every person appointed to be the Comptroller and Auditor-General\nof India shall, before he enters upon his office, make and subscribe before the\nPresident, or some person appointed in that behalf by him, an oath or\naffirmation according to the form set out for the purpose in the Third Schedule.\n (3) The salary and other conditions of service of the Comptroller and\nAuditor-General shall be such as may be determined by Parliament by law and,\nuntil they are so determined, shall be as specified in the Second Schedule:\n Provided that neither the salary of a Comptroller and Auditor-General\nnor his rights in respect of leave of absence, pension or age of retirement shall\nbe varied to his disadvantage after his appointment.\n (4) The Comptroller and Auditor-General shall not be eligible for further\noffice either under the Government of India or under the Government of any\nState after he has ceased to hold his office.\n (5) Subject to the provisions of this Constitution and of any law made by\nParliament, the conditions of service of persons serving in the Indian Audit and\nAccounts Department and the administrative powers of the Comptroller and\nAuditor-General shall be such as may be prescribed by rules made by the\nPresident after consultation with the Comptroller and Auditor-General.\n (6) The administrative expenses of the office of the Comptroller and\nAuditor-General, including all salaries, allowances and pensions payable to or\nin respect of persons serving in that office, shall be charged upon the\nConsolidated Fund of India.\n69 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 1430
},
{
"number": "149",
"title": "Article 149. Duties and powers of the Comptroller and Auditor-General.",
"chapter": null,
"content": "General .—\nThe Comptroller and Auditor-General shall perform such duties and exercise\nsuch powers in relation to the accounts of the Union and of the States and of\nany other authority or body as may be prescribed by or under any law made by\nParliament and, until provision in that behalf is so made, shall perform such\nduties and exercise such powers in relation to the accounts of the Union and of\nthe States as were conferred on or exercisable by the Auditor-General of India\nimmediately before the commencement of this Constitution in relation to the\naccounts of the Dominion of India and of the Provinces respectively.",
"footnote": "",
"is_definition": false,
"sort_order": 1440
},
{
"number": "150",
"title": "Article 150. Form of accounts of the Union and of the States.",
"chapter": null,
"content": "The\naccounts of the Union and of the States shall be kept in such form as the",
"footnote": "",
"is_definition": false,
"sort_order": 1450
},
{
"number": "151",
"title": "Article 151. Audit reports.",
"chapter": null,
"content": "(1) The reports of the Comptroller and Auditor-\nGeneral of India relating to the accounts of the Union shall be submitted to the\nPresident, who shall cause them to be laid before each House of Parliament.\n (2) The reports of the Comptroller and Auditor-General of India relating\nto the accounts of a State shall be submitted to the Governor 3***of the State,\nwho shall cause them to be laid before the Legislature of the State.",
"footnote": "",
"is_definition": false,
"sort_order": 1460
},
{
"number": "148",
"title": "PART VI - THE STATES",
"chapter": "PART VI",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1470
},
{
"number": "149",
"title": "CHAPTER I - GENERAL",
"chapter": "CHAPTER I",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1480
},
{
"number": "152",
"title": "Article 152. Definition.",
"chapter": null,
"content": "In this Part, unless the context otherwise requires, the\nexpression “State” 2[does not include the State of Jammu and Kashmir].",
"footnote": "",
"is_definition": false,
"sort_order": 1490
},
{
"number": "151",
"title": "CHAPTER II - THE EXECUTIVE",
"chapter": "CHAPTER II",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1500
},
{
"number": "153",
"title": "Article 153. Governors of States.",
"chapter": null,
"content": "There shall be a Governor for each State:\n 3[Provided that nothing in this article shall prevent the appointment of\nthe same person as Governor for two or more States.]",
"footnote": "",
"is_definition": false,
"sort_order": 1510
},
{
"number": "154",
"title": "Article 154. Executive power of State.",
"chapter": null,
"content": "(1) The executive power of the State\nshall be vested in the Governor and shall be exercised by him either directly or\nthrough officers subordinate to him in accordance with this Constitution.\n (2) Nothing in this article shall—\n (a) be deemed to transfer to the Governor any functions conferred by\n any existing law on any other authority; or\n (b) prevent Parliament or the Legislature of the State from conferring\n by law functions on any authority subordinate to the Governor.",
"footnote": "",
"is_definition": false,
"sort_order": 1520
},
{
"number": "155",
"title": "Article 155. Appointment of Governor.",
"chapter": null,
"content": "The Governor of a State shall be\nappointed by the President by warrant under his hand and seal.",
"footnote": "",
"is_definition": false,
"sort_order": 1530
},
{
"number": "156",
"title": "Article 156. Term of office of Governor.",
"chapter": null,
"content": "(1) The Governor shall hold office\nduring the pleasure of the President.\n (2) The Governor may, by writing under his hand addressed to the\nPresident, resign his office.\n (3) Subject to the foregoing provisions of this article, a Governor shall\nhold office for a term of five years from the date on which he enters upon his\noffice:\n71 THE CONSTITUTION OF INDIA\n\n Provided that a Governor shall, notwithstanding the expiration of his\nterm, continue to hold office until his successor enters upon his office.",
"footnote": "",
"is_definition": false,
"sort_order": 1540
},
{
"number": "157",
"title": "Article 157. Qualifications for appointment as Governor.",
"chapter": null,
"content": "No person shall\nbe eligible for appointment as Governor unless he is a citizen of India and has\ncompleted the age of thirty-five years.",
"footnote": "",
"is_definition": false,
"sort_order": 1550
},
{
"number": "158",
"title": "Article 158. Conditions of Governor’s office.",
"chapter": null,
"content": "(1) The Governor shall not be a\nmember of either House of Parliament or of a House of the Legislature of any\nState specified in the First Schedule, and if a member of either House of\nParliament or of a House of the Legislature of any such State be appointed\nGovernor, he shall be deemed to have vacated his seat in that House on the date\non which he enters upon his office as Governor.\n (2) The Governor shall not hold any other office of profit.\n (3) The Governor shall be entitled without payment of rent to the use of\nhis official residences and shall be also entitled to such emoluments,\nallowances and privileges as may be determined by Parliament by law and,\nuntil provision in that behalf is so made, such emoluments, allowances and\nprivileges as are specified in the Second Schedule.\n 1[(3A) Where the same person is appointed as Governor of two or more\nStates, the emoluments and allowances payable to the Governor shall be allocated\namong the States in such proportion as the President may by order determine.]\n (4) The emoluments and allowances of the Governor shall not be\ndiminished during his term of office.",
"footnote": "",
"is_definition": false,
"sort_order": 1560
},
{
"number": "159",
"title": "Article 159. Oath or affirmation by the Governor.",
"chapter": null,
"content": "Every Governor and\nevery person discharging the functions of the Governor shall, before entering\nupon his office, make and subscribe in the presence of the Chief Justice of the\nHigh Court exercising jurisdiction in relation to the State,or, in his absence, the\nseniormost Judge of that Court available, an oath or affirmation in the\nfollowing form, that is to say—\n “I, A. B., do swear in the name of Godthat I will faithfully execute the\n solemnly affirm\n office of Governor (or discharge the functions of the Governor) of\n .........(name of the State )and will to the best of my ability preserve, protect\n and defend the Constitution and the law and that I will devote myself to the\n service and well-being of the people of ..……( name of the State ).”.\n72 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 1570
},
{
"number": "160",
"title": "Article 160. Discharge of the functions of the Governor in certain.",
"chapter": null,
"content": "The President may make such provision as he thinks fit for the\ndischarge of the functions of the Governor of a State in any contingency not\nprovided for in this Chapter.",
"footnote": "",
"is_definition": false,
"sort_order": 1580
},
{
"number": "161",
"title": "Article 161. Power of Governor to grant pardons, etc., and to suspend, remit.",
"chapter": null,
"content": "The Governor of a State shall have\nthe power to grant pardons, reprieves, respites or remissions of punishment or\nto suspend, remit or commute the sentence of any person convicted of any\noffence against any law relating to a matter to which the executive power of the\nState extends.",
"footnote": "",
"is_definition": false,
"sort_order": 1590
},
{
"number": "162",
"title": "Article 162. Extent of executive power of State.",
"chapter": null,
"content": "Subject to the provisions of\nthis Constitution, the executive power of a State shall extend to the matters with\nrespect to which the Legislature of the State has power to make laws:\n Provided that in any matter with respect to which the Legislature of a\nState and Parliament have power to make laws, the executive power of the\nState shall be subject to, and limited by, the executive power expressly\nconferred by this Constitution or by any law made by Parliament upon the\nUnion or authorities thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 1600
},
{
"number": "163",
"title": "Article 163. Council of Ministers to aid and advise Governor.",
"chapter": null,
"content": "(1) There shall\nbe a Council of Ministers with the Chief Minister at the head to aid and advise the\nGovernor in the exercise of his functions, except in so far as he is by or under this\nConstitution required to exercise his functions or any of them in his discretion.\n (2) If any question arises whether any matter is or is not a matter as\nrespects which the Governor is by or under this Constitution required to act in\nhis discretion, the decision of the Governor in his discretion shall be final, and\nthe validity of anything done by the Governor shall not be called in question on\nthe ground that he ought or ought not to have acted in his discretion.\n (3) The question whether any, and if so what, advice was tendered by\nMinisters to the Governor shall not be inquired into in any court.",
"footnote": "",
"is_definition": false,
"sort_order": 1610
},
{
"number": "164",
"title": "Article 164. Other provisions as to Ministers.",
"chapter": null,
"content": "(1) The Chief Minister shall\nbe appointed by the Governor and the other Ministers shall be appointed by the\nGovernor on the advice of the Chief Minister, and the Ministers shall hold\noffice during the pleasure of the Governor:\n73 THE CONSTITUTION OF INDIA\n Provided that in the States of 1[Chhattisgarh, Jharkhand],Madhya\nPradesh and 2[Odisha] there shall be a Minister in charge of tribal welfare who\nmay in addition be in charge of the welfare of the Scheduled Castes and\nbackward classes or any other work.\n 3[(1A) The total number of Ministers, including the Chief Minister, in\nthe Council of Ministers in a State shall not exceed fifteen per cent. of the total\nnumber of members of the Legislative Assembly of that State:\n Provided that the number of Ministers, including the Chief Minister in a\nState shall not be less than twelve:\n Provided further that where the total number of Ministers including the\nChief Minister in the Council of Ministers in any State at the commencement of\nthe Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen\nper cent. or the number specified in the first proviso, as the case may be, then\nthe total number of Ministers in that State shall be brought in conformity with\nthe provisions of this clause within six months from such date 4 as the President\nmay by public notification appoint.\n (1B) A member of the Legislative Assembly of a State or either House of\nthe Legislature of a State having Legislative Council belonging to any political\nparty who is disqualified for being a member of that House under paragraph 2\nof the Tenth Schedule shall also be disqualified to be appointed as a Minister\nunder clause (1) for duration of the period commencing from the date of his\ndisqualification till the date on which the term of his office as such member\nwould expire or where he contests any election to the Legislative Assembly of\na State or either House of the Legislature of a State having Legislative Council,\nas the case may be, before the expiry of such period, till the date on which he is\ndeclared elected, whichever is earlier.]\n (2) The Council of Ministers shall be collectively responsible to the\nLegislative Assembly of the State.\n (3) Before a Minister enters upon his office, the Governor shall\nadminister to him the oaths of office and of secrecy according to the forms set\nout for the purpose in the Third Schedule.\n74 THE CONSTITUTION OF INDIA\n\n (4) A Minister who for any period of six consecutive months is not a\nmember of the Legislature of the State shall at the expiration of that period\ncease to be a Minister.\n (5) The salaries and allowances of Ministers shall be such as the Legislature\nof the State may from time to time by law determine and, until the Legislature of the\nState so determines, shall be as specified in the Second Schedule.\n The Advocate-General for the State",
"footnote": "",
"is_definition": false,
"sort_order": 1620
},
{
"number": "165",
"title": "Article 165. Advocate-General for the State.",
"chapter": null,
"content": "General for the State. —(1) The Governor of each State\nshall appoint a person who is qualified to be appointed a Judge of a High Court\nto be Advocate-General for the State.\n (2) It shall be the duty of the Advocate-General to give advice to the\nGovernment of the State upon such legal matters, and to perform such other\nduties of a legal character, as may from time to time be referred or assigned to\nhim by the Governor, and to discharge the functions conferred on him by or\nunder this Constitution or any other law for the time being in force.\n (3) The Advocate-General shall hold office during the pleasure of the\nGovernor, and shall receive such remuneration as the Governor may determine.",
"footnote": "",
"is_definition": false,
"sort_order": 1630
},
{
"number": "166",
"title": "Article 166. Conduct of business of the Government of a State.",
"chapter": null,
"content": "(1) All\nexecutive action of the Government of a State shall be expressed to be taken in\nthe name of the Governor.\n (2) Orders and other instruments made and executed in the name of the\nGovernor shall be authenticated in such manner as may be specified in rules to\nbe made by the Governor, and the validity of an order or instrument which is so\nauthenticated shall not be called in question on the ground that it is not an order\nor instrument made or executed by the Governor.\n (3) The Governor shall make rules for the more convenient transaction of\nthe business of the Government of the State, and for the allocation among\nMinisters of the said business in so far as it is not business with respect to which\nthe Governor is by or under this Constitution required to act in his discretion.\n75 THE CONSTITUTION OF INDIA\n\n 1(4)* * * * *\ninformation to Governor, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 1640
},
{
"number": "167",
"title": "Article 167. Duties of Chief Minister as respects the furnishing of.",
"chapter": null,
"content": "It shall be the duty of the Chief Minister of\neach State—\n Council of Ministers relating to the administration of the affairs of the (a) to communicate to the Governor of the State all decisions of the\n State and proposals for legislation;\n affairs of the State and proposals for legislation as the Governor may call (b) to furnish such information relating to the administration of the\n for; and\n Council of Ministers any matter on which a decision has been taken by a (c) if the Governor so requires, to submit for the consideration of the\n Minister but which has not been considered by the Council.",
"footnote": "",
"is_definition": false,
"sort_order": 1650
},
{
"number": "167",
"title": "CHAPTER III - THE STATE LEGISLATURE",
"chapter": "CHAPTER III",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1660
},
{
"number": "168",
"title": "Article 168. Constitution of Legislatures in States.",
"chapter": null,
"content": "(1) For every State there\nshall be a Legislature which shall consist of the Governor, and—\n (a) in the States of 2*** 3[Andhra Pradesh], Bihar, 4*** 5[Madhya\n Pradesh], 6*** 7[Maharashtra], 8[Karnataka], 9***\n\n\n76 THE CONSTITUTION OF INDIA\n\n 1[2[Tamil Nadu, Telangana]] 3[and Uttar Pradesh], two Houses;\n (b) in other States, one House.\n (2) Where there are two Houses of the Legislature of a State, one shall\nbe known as the Legislative Council and the other as the Legislative Assembly,\nand where there is only one House, it shall be known as the Legislative\nAssembly.",
"footnote": "",
"is_definition": false,
"sort_order": 1670
},
{
"number": "169",
"title": "Article 169. Abolition or creation of Legislative Councils in States.",
"chapter": null,
"content": "(1)\nNotwithstanding anything in article 168, Parliament may by law provide for the\nabolition of the Legislative Council of a State having such a Council or for the\ncreation of such a Council in a State having no such Council, if the Legislative\nAssembly of the State passes a resolution to that effect by a majority of the\ntotal membership of the Assembly and by a majority of not less than two-thirds\nof the members of the Assembly present and voting.\n (2) Any law referred to in clause (1) shall contain such provisions for the\namendment of this Constitution as may be necessary to give effect to the\nprovisions of the law and may also contain such supplemental, incidental and\nconsequential provisions as Parliament may deem necessary.\n (3) No such law as aforesaid shall be deemed to be an amendment of this\nConstitution for the purposes of article 368.",
"footnote": "",
"is_definition": false,
"sort_order": 1680
},
{
"number": "170",
"title": "Article 170. Composition of the Legislative Assemblies.",
"chapter": null,
"content": "(1) Subject to the\nprovisions of article 333, the Legislative Assembly of each State shall consist\nof not more than five hundred, and not less than sixty,members chosen by\ndirect election from territorial constituencies in the State.\n (2) For the purposes of clause (1), each State shall be divided into\nterritorial constituencies in such manner that the ratio between the population\nof each constituency and the number of seats allotted to it shall, so far as\npracticable, be the same throughout the State.\n77 THE CONSTITUTION OF INDIA\n\n\n 1[Explanation.— In this clause, the expression “population” means the\npopulation as ascertained at the last preceding census of which the relevant\nfigures have been published:\n Provided that the reference in this Explanation to the last preceding\ncensus of which the relevant figures have been published shall, until the\nrelevant figures for the first census taken after the year 2[2026]have been\npublished, be construed as a reference to the 3[2001]census.]\n (3) Upon the completion of each census, the total number of seats in the\nLegislative Assembly of each State and the division of each State into territorial\nconstituencies shall be readjusted by such authority and in such manner as\nParliament may by law determine:\n Provided that such readjustment shall not affect representation in the\nLegislative Assembly until the dissolution of the then existing Assembly:\n 4[Provided further that such readjustment shall take effect from such date\nas the President may, by order, specify and until such readjustment takes effect,\nany election to the Legislative Assembly may be held on the basis of the\nterritorial constituencies existing before such readjustment:\n Provided also that until the relevant figures for the first census taken\nafter the year 2[2026]have been published, it shall not be necessary to\n5[readjust—\n (i) the total number of seats in the Legislative Assembly of each State\n as readjusted on the basis of the 1971 census; and\n (ii) the division of such State into territorial constituencies as may be\n readjusted on the basis of the 3[2001]census,\nunder this clause.]\n78 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 1690
},
{
"number": "171",
"title": "Article 171. Composition of the Legislative Councils.",
"chapter": null,
"content": "(1) The total number\nof members in the Legislative Council of a State having such a Council shall\nnot exceed 1[one-third]of the total number of members in the Legislative\nAssembly of that State:\n Provided that the total number of members in the Legislative Council of\na State shall in no case be less than forty.\n (2) Until Parliament by law otherwise provides, the composition of the\nLegislative Council of a State shall be as provided in clause (3).\n (3) Of the total number of members of the Legislative Council of a\nState—\n (a) as nearly as may be, one-third shall be elected by electorates\n consisting of members of municipalities, district boards and such other\n local authorities in the State as Parliament may by law specify;\n (b) as nearly as may be, one-twelfth shall be elected by electorates\n consisting of persons residing in the State who have been for at least\n three years graduates of any university in the territory of India or have\n been for at least three years in possession of qualifications prescribed by\n or under any law made by Parliament as equivalent to that of a graduate\n of any such university;\n (c) as nearly as may be, one-twelfth shall be elected by electorates\n consisting of persons who have been for at least three years engaged in\n teaching in such educational institutions within the State, not lower in\n standard than that of a secondary school, as may be prescribed by or\n under any law made by Parliament;\n (d) as nearly as may be, one-third shall be elected by the members of\n the Legislative Assembly of the State from amongst persons who are not\n members of the Assembly;\n (e) the remainder shall be nominated by the Governor in accordance\n with the provisions of clause (5).\n (4) The members to be elected under sub-clauses ( a), (b) and ( c) of\nclause (3) shall be chosen in such territorial constituencies as may be prescribed\n79 THE CONSTITUTION OF INDIA\n\nby or under any law made by Parliament, and the elections under the said\nsub-clauses and under sub-clause ( d) of the said clause shall be held in\naccordance with the system of proportional representation by means of the\nsingle transferable vote.\n (5) The members to be nominated by the Governor under sub-clause ( e)\nof clause (3) shall consist of persons having special knowledge or practical\nexperience in respect of such matters as the following, namely:—\n Literature, science, art, co-operative movement and social service.",
"footnote": "",
"is_definition": false,
"sort_order": 1700
},
{
"number": "172",
"title": "Article 172. Duration of State Legislatures.",
"chapter": null,
"content": "(1) Every Legislative Assembly\nof every State, unless sooner dissolved, shall continue for 1[five years]from the\ndate appointed for its first meeting and no longer and the expiration of the said\nperiod of 1[five years] shall operate as a dissolution of the Assembly:\n\n Provided that the said period may, while a Proclamation of Emergency is\nin operation, be extended by Parliament by law for a period not exceeding one\nyear at a time and not extending in any case beyond a period of six months after\nthe Proclamation has ceased to operate.\n (2) The Legislative Council of a State shall not be subject to dissolution,\nbut as nearly as possible one-third of the members thereof shall retire as soon as\nmay be on the expiration of every second year in accordance with the\nprovisions made in that behalf by Parliament by law.",
"footnote": "",
"is_definition": false,
"sort_order": 1710
},
{
"number": "173",
"title": "Article 173. Qualification for membership of the State Legislature.",
"chapter": null,
"content": "A\nperson shall not be qualified to be chosen to fill a seat in the Legislature of a\nState unless he—\n 2[(a) is a citizen of India, and makes and subscribes before some\n person authorised in that behalf by the Election Commission an oath or\n affirmation according to the form set out for the purpose in the Third\n Schedule;]\n80 THE CONSTITUTION OF INDIA\n\n (b) is, in the case of a seat in the Legislative Assembly, not less than\n twenty-five years of age and, in the case of a seat in the Legislative\n Council, not less than thirty years of age; and\n (c) possesses such other qualifications as may be prescribed in that\n behalf by or under any law made by Parliament.",
"footnote": "",
"is_definition": false,
"sort_order": 1720
},
{
"number": "174",
"title": "Article 174. Sessions of the State Legislature, prorogation and dissolution.",
"chapter": null,
"content": "(1) The Governor shall from time to time summon the House or\neach House of the Legislature of the State to meet at such time and place as he\nthinks fit, but six months shall not intervene between its last sitting in one\nsession and the date appointed for its first sitting in the next session.\n (2) The Governor may from time to time—\n (a) prorogue the House or either House;\n (b) dissolve the Legislative Assembly.]\nor Houses.",
"footnote": "",
"is_definition": false,
"sort_order": 1730
},
{
"number": "175",
"title": "Article 175. Right of Governor to address and send messages to the House or.",
"chapter": null,
"content": "(1) The Governor may address the Legislative Assembly or, in\nthe case of a State having a Legislative Council, either House of the Legislature\nof the State, or both Houses assembled together, and may for that purpose\nrequire the attendance of members.(2) The Governor may send messages to the House or Houses of the\nLegislature of the State, whether with respect to a Bill then pending in the\nLegislature or otherwise, and a House to which any message is so sent shall\nwith all convenient despatch consider any matter required by the message to be\ntaken into consideration.",
"footnote": "",
"is_definition": false,
"sort_order": 1740
},
{
"number": "176",
"title": "Article 176. Special address by the Governor.",
"chapter": null,
"content": "(1) At the commencement of\n\n2[the first session after each general election to the Legislative Assembly and at\nthe commencement of the first session of each year], the Governor shall\naddress the Legislative Assembly or, in the case of a State having a Legislative\nCouncil, both Houses assembled together and inform the Legislature of the\ncauses of its summons.(2) Provision shall be made by the rules regulating the procedure of the\nHouse or either House for the allotment of time for discussion of the matters\nreferred to in such address 3***.\n\n81 THE CONSTITUTION OF INDIA\n\nHouses",
"footnote": "",
"is_definition": false,
"sort_order": 1750
},
{
"number": "177",
"title": "Article 177. Rights of Ministers and Advocate-General as respects the.",
"chapter": null,
"content": "General as respects the .—Every Minister and the Advocate-General for a State shall have the\nright to speak in, and otherwise to take part in the proceedings of, the\nLegislative Assembly of the State or, in the case of a State having a Legislative\nCouncil, both Houses, and to speak in, and otherwise to take part in the\nproceedings of, any committee of the Legislature of which he may be named a\nmember, but shall not, by virtue of this article, be entitled to vote.\n Officers of the State Legislature\nAssembly.",
"footnote": "",
"is_definition": false,
"sort_order": 1760
},
{
"number": "178",
"title": "Article 178. The Speaker and Deputy Speaker of the Legislative Assembly.",
"chapter": null,
"content": "Every Legislative Assembly of a State shall, as soon as may be,\nchoose two members of the Assembly to be respectively Speaker and Deputy\nSpeaker thereof and, so often as the office of Speaker or Deputy Speaker\nbecomes vacant, the Assembly shall choose another member to be Speaker or\nDeputy Speaker, as the case may be.\nSpeaker and Deputy Speaker",
"footnote": "",
"is_definition": false,
"sort_order": 1770
},
{
"number": "179",
"title": "Article 179. Vacation and resignation of, and removal from, the offices of.",
"chapter": null,
"content": "A member holding office as Speaker or\n\nDeputy Speaker of an Assembly—\n (a) shall vacate his office if he ceases to be a member of the Assembly;\n member is the Speaker, to the Deputy Speaker, and if such member is (b) may at any time by writing under his hand addressed, if such\n the Deputy Speaker, to the Speaker, resign his office; and\n Assembly passed by a majority of all the then members of the Assembly:(c) may be removed from his office by a resolution of the\n\n Provided that no resolution for the purpose of clause ( c) shall be moved\nunless at least fourteen days' notice has been given of the intention to move the\nresolution:\n Provided further that, whenever the Assembly is dissolved, the Speaker\nshall not vacate his office until immediately before the first meeting of the\nAssembly after the dissolution.",
"footnote": "",
"is_definition": false,
"sort_order": 1780
},
{
"number": "180",
"title": "Article 180. Power of the Deputy Speaker or other person to perform the.",
"chapter": null,
"content": "(1) While the office of Speaker\nis vacant, the duties of the office shall be performed by the Deputy Speaker or,\nif the office of Deputy Speaker is also vacant, by such member of the Assembly\nas the Governor may appoint for the purpose.\nthe Deputy Speaker or, if he is also absent, such person as may be determined (2) During the absence of the Speaker from any sitting of the Assembly\nby the rules of procedure of the Assembly, or, if no such person is present, such\nother person as may be determined by the Assembly, shall act as",
"footnote": "",
"is_definition": false,
"sort_order": 1790
},
{
"number": "181",
"title": "Article 181. The Speaker or the Deputy Speaker not to preside while a.",
"chapter": null,
"content": "resolution for his removal from office is under consideration. —(1) At any\nsitting of the Legislative Assembly, while any resolution for the removal of the\nSpeaker from his office is under consideration, the Speaker, or while any\nresolution for the removal of the Deputy Speaker from his office is under\nconsideration, the Deputy Speaker, shall not, though he is present, preside, and\nthe provisions of clause (2) of article 180 shall apply in relation to every such\nsitting as they apply in relation to a sitting from which the Speaker or, as the\ncase may be, the Deputy Speaker, is absent.\n (2) The Speaker shall have the right to speak in, and otherwise to take\npart in the proceedings of, the Legislative Assembly while any resolution for\nhis removal from office is under consideration in the Assembly and shall,\nnotwithstanding anything in article 189, be entitled to vote only in the first\ninstance on such resolution or on any other matter during such proceedings but\nnot in the case of an equality of votes.",
"footnote": "",
"is_definition": false,
"sort_order": 1800
},
{
"number": "182",
"title": "Article 182. The Chairman and Deputy Chairman of the Legislative Council.",
"chapter": null,
"content": "The Legislative Council of every State having such Council shall, as\nsoon as may be, choose two members of the Council to be respectively\nChairman and Deputy Chairman thereof and, so often as the office of Chairman\nor Deputy Chairman becomes vacant, the Council shall choose another member\nto be Chairman or Deputy Chairman, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 1810
},
{
"number": "183",
"title": "Article 183. Vacation and resignation of, and removal from, the offices of.",
"chapter": null,
"content": "A member holding office as Chairman or\nDeputy Chairman of a Legislative Council—\n (a) shall vacate his office if he ceases to be a member of the Council;\n (b) may at any time by writing under his hand addressed, if such\n member is the Chairman, to the Deputy Chairman, and if such member is\n the Deputy Chairman, to the Chairman, resign his office; and\n (c) may be removed from his office by a resolution of the Council\n passed by a majority of all the then members of the Council:\n Provided that no resolution for the purpose of clause ( c) shall be moved unless\nat least fourteen days' notice has been given of the intention to move the resolution.",
"footnote": "",
"is_definition": false,
"sort_order": 1820
},
{
"number": "184",
"title": "Article 184. Power of the Deputy Chairman or other person to perform the.",
"chapter": null,
"content": "(1) While the office of\nChairman is vacant, the duties of the office shall be performed by the Deputy\nChairman or, if the office of Deputy Chairman is also vacant, by such member\nof the Council as the Governor may appoint for the purpose.\n83 THE CONSTITUTION OF INDIA\n\n (2) During the absence of the Chairman from any sitting of the Council\nthe Deputy Chairman or, if he is also absent, such person as may be determined\nby the rules of procedure of the Council, or, if no such person is present, such",
"footnote": "",
"is_definition": false,
"sort_order": 1830
},
{
"number": "185",
"title": "Article 185. The Chairman or the Deputy Chairman not to preside while a.",
"chapter": null,
"content": "resolution for his removal from office is under consideration. —(1) At any\nsitting of the Legislative Council, while any resolution for the removal of the\nChairman from his office is under consideration, the Chairman, or while any\nresolution for the removal of the Deputy Chairman from his office is under\nconsideration, the Deputy Chairman, shall not, though he is present, preside,\nand the provisions of clause (2) of article 184 shall apply in relation to every\nsuch sitting as they apply in relation to a sitting from which the Chairman or, as\nthe case may be, the Deputy Chairman is absent.\n (2) The Chairman shall have the right to speak in, and otherwise to take\npart in the proceedings of, the Legislative Council while any resolution for his\nremoval from office is under consideration in the Council and shall,\nnotwithstanding anything in article 189, be entitled to vote only in the first\ninstance on such resolution or on any other matter during such proceedings but\nnot in the case of an equality of votes.",
"footnote": "",
"is_definition": false,
"sort_order": 1840
},
{
"number": "186",
"title": "Article 186. Salaries and allowances of the Speaker and Deputy Speaker and.",
"chapter": null,
"content": "There shall be paid to the\nSpeaker and the Deputy Speaker of the Legislative Assembly, and to the\nChairman and the Deputy Chairman of the Legislative Council, such salaries\nand allowances as may be respectively fixed by the Legislature of the State by\nlaw and, until provision in that behalf is so made, such salaries and allowances\nas are specified in the Second Schedule.",
"footnote": "",
"is_definition": false,
"sort_order": 1850
},
{
"number": "187",
"title": "Article 187. Secretariat of State Legislature.",
"chapter": null,
"content": "(1) The House or each House\nof the Legislature of a State shall have a separate secretarial staff:\n Provided that nothing in this clause shall, in the case of the Legislature\nof a State having a Legislative Council, be construed as preventing the creation\nof posts common to both Houses of such Legislature.\n (2) The Legislature of a State may by law regulate the recruitment, and\nthe conditions of service of persons appointed, to the secretarial staff of the\nHouse or Houses of the Legislature of the State.\n84 THE CONSTITUTION OF INDIA\n\n (3) Until provision is made by the Legislature of the State under clause (2),\nthe Governor may, after consultation with the Speaker of the Legislative Assembly\nor the Chairman of the Legislative Council, as the case may be, make rules\nregulating the recruitment, and the conditions of service of persons appointed, to the\nsecretarial staff of the Assembly or the Council, and any rules so made shall have\neffect subject to the provisions of any law made under the said clause.\n Conduct of Business",
"footnote": "",
"is_definition": false,
"sort_order": 1860
},
{
"number": "188",
"title": "Article 188. Oath or affirmation by members.",
"chapter": null,
"content": "Every member of the\nLegislative Assembly or the Legislative Council of a State shall, before taking\nhis seat, make and subscribe before the Governor, or some person appointed in\nthat behalf by him, an oath or affirmation according to the form set out for the\npurpose in the Third Schedule.",
"footnote": "",
"is_definition": false,
"sort_order": 1870
},
{
"number": "189",
"title": "Article 189. Voting in Houses, power of Houses to act notwithstanding.",
"chapter": null,
"content": "(1) Save as otherwise provided in this Constitution,\nall questions at any sitting of a House of the Legislature of a State shall be\ndetermined by a majority of votes of the members present and voting, other\nthan the Speaker or Chairman, or person acting as such.\n The Speaker or Chairman, or person acting as such, shall not vote in the\nfirst instance, but shall have and exercise a casting vote in the case of an\nequality of votes.\n (2) A House of the Legislature of a State shall have power to act\nnotwithstanding any vacancy in the membership thereof, and any proceedings\nin the Legislature of a State shall be valid notwithstanding that it is discovered\nsubsequently that some person who was not entitled so to do sat or voted or\notherwise took part in the proceedings.\n 1[(3) Until the Legislature of the State by law otherwise provides, the\nquorum to constitute a meeting of a House of the Legislature of a State shall be\nten members or one-tenth of the total number of members of the House,\nwhichever is greater.\n (4) If at any time during a meeting of the Legislative Assembly or the\nLegislative Council of a State there is no quorum, it shall be the duty of the\nSpeaker or Chairman, or person acting as such, either to adjourn the House or\nto suspend the meeting until there is a quorum.]\n85 THE CONSTITUTION OF INDIA\n\n Disqualifications of Members",
"footnote": "",
"is_definition": false,
"sort_order": 1880
},
{
"number": "190",
"title": "Article 190. Vacation of seats.",
"chapter": null,
"content": "(1) No person shall be a member of both\nHouses of the Legislature of a State and provision shall be made by the\nLegislature of the State by law for the vacation by a person who is chosen a\nmember of both Houses of his seat in one house or the other.\n (2) No person shall be a member of the Legislatures of two or more\nStates specified in the First Schedule and if a person is chosen a member of the\nLegislatures of two or more such States, then, at the expiration of such period\nas may be specified in rules 1 made by the President, that person's seat in the\nLegislatures of all such States shall become vacant, unless he has previously\nresigned his seat in the Legislatures of all but one of the States.\n (3) If a member of a House of the Legislature of a State—\n (a) becomes subject to any of the disqualifications mentioned in\n 2[clause (1) or clause (2) of article 191]; or\n\n 3[(b) resigns his seat by writing under his hand addressed to the\n speaker or the Chairman, as the case may be, and his resignation is\n accepted by the Speaker or the Chairman, as the case may be,]\nhis seat shall thereupon become vacant:\n 4[Provided that in the case of any resignation referred to in sub-clause ( b),\nif from information received or otherwise and after making such inquiry as he\nthinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such\nresignation is not voluntary or genuine, he shall not accept such resignation.]\n (4) If for a period of sixty days a member of a House of the Legislature\nof a State is without permission of the House absent from all meetings thereof,\nthe House may declare his seat vacant:\n Provided that in computing the said period of sixty days no account shall\nbe taken of any period during which the House is prorogued or is adjourned for\nmore than four consecutive days.\n86 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 1890
},
{
"number": "191",
"title": "Article 191. Disqualifications for membership.",
"chapter": null,
"content": "(1) A person shall be\ndisqualified for being chosen as, and for being, a member of the Legislative\nAssembly or Legislative Council of a State—\n 1[(a) if he holds any office of profit under the Government of India or\n the Government of any State specified in the First Schedule, other than\n an office declared by the Legislature of the State by law not to disqualify\n its holder;]\n (b) if he is of unsound mind and stands so declared by a competent\n court;\n (c) if he is an undischarged insolvent;\n (d) if he is not a citizen of India, or has voluntarily acquired the\n citizenship of a foreign State, or is under any acknowledgment of\n allegiance or adherence to a foreign State;\n (e) if he is so disqualified by or under any law made by Parliament.\n 2[Explanation. —For the purposes of this clause], a person shall not be\ndeemed to hold an office of profit under the Government of India or the\nGovernment of any State specified in the First Schedule by reason only that he\nis a Minister either for the Union or for such State.\n 3[(2) A person shall be disqualified for being a member of the\nLegislative Assembly or Legislative Council of a State if he is so disqualified\nunder the Tenth Schedule.]",
"footnote": "",
"is_definition": false,
"sort_order": 1900
},
{
"number": "192",
"title": "Article 192. Decision on questions as to disqualifications of members.",
"chapter": null,
"content": "(1)\nIf any question arises as to whether a member of a House of the Legislature of a\nState has become subject to any of the disqualifications mentioned in clause (1)\nof article 191, the question shall be referred for the decision of the Governor\nand his decision shall be final.\n87 THE CONSTITUTION OF INDIA\n\n (2) Before giving any decision on any such question, the Governor shall\nobtain the opinion of the Election Commission and shall act according to such\nopinion.]\nunder article 188 or when not qualified or when disqualified",
"footnote": "",
"is_definition": false,
"sort_order": 1910
},
{
"number": "193",
"title": "Article 193. Penalty for sitting and voting before making oath or affirmation.",
"chapter": null,
"content": "If a person\nsits or votes as a member of the Legislative Assembly or the Legislative\nCouncil of a State before he has complied with the requirements of article 188,\nor when he knows that he is not qualified or that he is disqualified for\nmembership thereof, or that he is prohibited from so doing by the provisions of\nany law made by Parliament or the Legislature of the State, he shall be liable in\nrespect of each day on which he so sits or votes to a penalty of five hundred\nrupees to be recovered as a debt due to the State.\n Powers, Privileges and Immunities of State Legislatures\n and their Members\nmembers and committees thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 1920
},
{
"number": "194",
"title": "Article 194. Powers, privileges, etc., of the Houses of Legislatures and of the.",
"chapter": null,
"content": "(1) Subject to the provisions of this\nConstitution and to the rules and standing orders regulating the procedure of the\nLegislature, there shall be freedom of speech in the Legislature of every State.\nproceedings in any court in respect of anything said or any vote given by him in (2) No member of the Legislature of a State shall be liable to any\nthe Legislature or any committee thereof, and no person shall be so liable in\nrespect of the publication by or under the authority of a House of such a\nLegislature of any report, paper, votes or proceedings.\n 1[(3) In other respects, the powers, privileges and immunities of a House\nof the Legislature of a State, and of the members and the committees of a\nHouse of such Legislature, shall be such as may from time to time be defined\n\n88 THE CONSTITUTION OF INDIA\nby the Legislature by law, and, until so defined, 1[shall be those of that House\nand of its members and committees immediately before the coming into force\nof section 26 of the Constitution (Forty-fourth Amendment) Act, 1978].\n (4) The provisions of clauses (1), (2) and (3) shall apply in relation to\npersons who by virtue of this Constitution have the right to speak in, and\notherwise to take part in the proceedings of, a House of the Legislature of a State\nor any committee thereof as they apply in relation to members of that Legislature.",
"footnote": "",
"is_definition": false,
"sort_order": 1930
},
{
"number": "195",
"title": "Article 195. Salaries and allowances of members.",
"chapter": null,
"content": "Members of the\nLegislative Assembly and the Legislative Council of a State shall be entitled to\nreceive such salaries and allowances as may from time to time be determined,\nby the Legislature of the State by law and, until provision in that respect is so\nmade, salaries and allowances at such rates and upon such conditions as were\nimmediately before the commencement of this Constitution applicable in the\ncase of members of the Legislative Assembly of the corresponding Province.\n Legislative Procedure",
"footnote": "",
"is_definition": false,
"sort_order": 1940
},
{
"number": "196",
"title": "Article 196. Provisions as to introduction and passing of Bills.",
"chapter": null,
"content": "(1) Subject\nto the provisions of articles 198 and 207 with respect to Money Bills and other\nfinancial Bills, a Bill may originate in either House of the Legislature of a State\nwhich has a Legislative Council.\n (2) Subject to the provisions of articles 197 and 198, a Bill shall not be\ndeemed to have been passed by the Houses of the Legislature of a State having\na Legislative Council unless it has been agreed to by both Houses, either\nwithout amendment or with such amendments only as are agreed to by both\nHouses.\n (3) A Bill pending in the Legislature of a State shall not lapse by reason\nof the prorogation of the House or Houses thereof.\n (4) A Bill pending in the Legislative Council of a State which has not\nbeen passed by the Legislative Assembly shall not lapse on a dissolution of the\nAssembly.\n (5) A Bill which is pending in the Legislative Assembly of a State, or\nwhich having been passed by the Legislative Assembly is pending in the\nLegislative Council, shall lapse on a dissolution of the Assembly.",
"footnote": "",
"is_definition": false,
"sort_order": 1950
},
{
"number": "197",
"title": "Article 197. Restriction on powers of Legislative Council as to Bills other.",
"chapter": null,
"content": "(1) If after a Bill has been passed by the Legislative\nAssembly of a State having a Legislative Council and transmitted to the\nLegislative Council—\n89 THE CONSTITUTION OF INDIA\n\n (a) the Bill is rejected by the Council; or\n (b) more than three months elapse from the date on which the Bill is\n laid before the Council without the Bill being passed by it; or\n (c) the Bill is passed by the Council with amendments to which the\n Legislative Assembly does not agree;\nthe Legislative Assembly may, subject to the rules regulating its procedure, pass the\nBill again in the same or in any subsequent session with or without such amendments,\nif any, as have been made, suggested or agreed to by the Legislative Council and then\ntransmit the Bill as so passed to the Legislative Council.\n (2) If after a Bill has been so passed for the second time by the\nLegislative Assembly and transmitted to the Legislative Council—\n (a) the Bill is rejected by the Council; or\n (b) more than one month elapses from the date on which the Bill is\n laid before the Council without the Bill being passed by it; or\n (c) the Bill is passed by the Council with amendments to which the\n Legislative Assembly does not agree;\nthe Bill shall be deemed to have been passed by the Houses of the Legislature of the\nState in the form in which it was passed by the Legislative Assembly for the second\ntime with such amendments, if any, as have been made or suggested by the Legislative\nCouncil and agreed to by the Legislative Assembly.\n (3) Nothing in this article shall apply to a Money Bill.",
"footnote": "",
"is_definition": false,
"sort_order": 1960
},
{
"number": "198",
"title": "Article 198. Special procedure in respect of Money Bills.",
"chapter": null,
"content": "(1) A Money Bill\nshall not be introduced in a Legislative Council.\n (2) After a Money Bill has been passed by the Legislative Assembly of a\nState having a Legislative Council, it shall be transmitted to the Legislative\nCouncil for its recommendations, and the Legislative Council shall within a\nperiod of fourteen days from the date of its receipt of the Bill return the Bill to the\nLegislative Assembly with its recommendations, and the Legislative Assembly\nmay thereupon either accept or reject all or any of the recommendations of the\nLegislative Council.\n (3) If the Legislative Assembly accepts any of the recommendations of\nthe Legislative Council, the Money Bill shall be deemed to have been passed\nby both Houses with the amendments recommended by the Legislative Council\nand accepted by the Legislative Assembly.\n (4) If the Legislative Assembly does not accept any of the\n90 THE CONSTITUTION OF INDIA\n\nrecommendations of the Legislative Council, the Money Bill shall be deemed\nto have been passed by both Houses in the form in which it was passed by the\nLegislative Assembly without any of the amendments recommended by the\nLegislative Council.\n (5) If a Money Bill passed by the Legislative Assembly and transmitted\nto the Legislative Council for its recommendations is not returned to the\nLegislative Assembly within the said period of fourteen days, it shall be\ndeemed to have been passed by both Houses at the expiration of the said period\nin the form in which it was passed by the Legislative Assembly.",
"footnote": "",
"is_definition": false,
"sort_order": 1970
},
{
"number": "199",
"title": "Article 199. Definition of “Money Bills”.",
"chapter": null,
"content": "(1) For the purposes of this\nChapter, a Bill shall be deemed to be a Money Bill if it contains only provisions\ndealing with all or any of the following matters, namely:—\n (a) the imposition, abolition, remission, alteration or regulation of any tax;\n (b) the regulation of the borrowing of money or the giving of any\n guarantee by the State, or the amendment of the law with respect to any\n financial obligations undertaken or to be undertaken by the State;\n (c) the custody of the Consolidated Fund or the Contingency Fund\n of the State, the payment of moneys into or the withdrawal of moneys\n from any such Fund;\n (d) the appropriation of moneys out of the Consolidated Fund of\n the State;\n (e) the declaring of any expenditure to be expenditure charged on\n the Consolidated Fund of the State, or the increasing of the amount of\n any such expenditure;\n (f) the receipt of money on account of the Consolidated Fund of the\n State or the public account of the State or the custody or issue of such\n money; or\n (g) any matter incidental to any of the matters specified in\n sub-clauses (a)to (f).\n (2) A Bill shall not be deemed to be a Money Bill by reason only that it\nprovides for the imposition of fines or other pecuniary penalties, or for the\ndemand or payment of fees for licences or fees for services rendered, or by\nreason that it provides for the imposition, abolition, remission, alteration or\nregulation of any tax by any local authority or body for local purposes.\n (3) If any question arises whether a Bill introduced in the Legislature of\n91 THE CONSTITUTION OF INDIA\n\na State which has a Legislative Council is a Money Bill or not, the decision of\nthe Speaker of the Legislative Assembly of such State thereon shall be final.\n (4) There shall be endorsed on every Money Bill when it is transmitted\nto the Legislative Council under article 198, and when it is presented to the\nGovernor for assent under article 200, the certificate of the Speaker of the\nLegislative Assembly signed by him that it is a Money Bill.",
"footnote": "",
"is_definition": false,
"sort_order": 1980
},
{
"number": "200",
"title": "Article 200. Assent to Bills.",
"chapter": null,
"content": "When a Bill has been passed by the Legislative\nAssembly of a State or, in the case of a State having a Legislative Council, has\nbeen passed by both Houses of the Legislature of the State, it shall be presented\nto the Governor and the Governor shall declare either that he assents to the Bill\nor that he withholds assent therefrom or that he reserves the Bill for the\nconsideration of the President:\n Provided that the Governor may, as soon as possible after the\npresentation to him of the Bill for assent, return the Bill if it is not a Money Bill\ntogether with a message requesting that the House or Houses will reconsider\nthe Bill or any specified provisions thereof and, in particular, will consider the\ndesirability of introducing any such amendments as he may recommend in his\nmessage and, when a Bill is so returned, the House or Houses shall reconsider\nthe Bill accordingly, and if the Bill is passed again by the House or Houses\nwith or without amendment and presented to the Governor for assent, the\nGovernor shall not withhold assent therefrom:\n Provided further that the Governor shall not assent to, but shall reserve\nfor the consideration of the President, any Bill which in the opinion of the\nGovernor would, if it became law, so derogate from the powers of the High\nCourt as to endanger the position which that Court is by this Constitution\ndesigned to fill.",
"footnote": "",
"is_definition": false,
"sort_order": 1990
},
{
"number": "201",
"title": "Article 201. Bills reserved for consideration.",
"chapter": null,
"content": "When a Bill is reserved by a\nGovernor for the consideration of the President, the President shall declare\neither that he assents to the Bill or that he withholds assent therefrom:\n Provided that, where the Bill is not a Money Bill, the President may\ndirect the Governor to return the Bill to the House or, as the case may be, the\nHouses of the Legislature of the State together with such a message as is\nmentioned in the first proviso to article 200 and, when a Bill is so returned, the\nHouse or Houses shall reconsider it accordingly within a period of six months\nfrom the date of receipt of such message and, if it is again passed by the House\n92 THE CONSTITUTION OF INDIA\n\nor Houses with or without amendment, it shall be presented again to the\nPresident for his consideration.\n Procedure in Financial Matters",
"footnote": "",
"is_definition": false,
"sort_order": 2000
},
{
"number": "202",
"title": "Article 202. Annual financial statement.",
"chapter": null,
"content": "(1) The Governor shall in respect of\nevery financial year cause to be laid before the House or Houses of the\nLegislature of the State a statement of the estimated receipts and expenditure of\nthe State for that year, in this Part referred to as the “annual financial\nstatement”.\n (2) The estimates of expenditure embodied in the annual financial\nstatement shall show separately—\n (a) the sums required to meet expenditure described by this\n Constitution as expenditure charged upon the Consolidated Fund of the\n State; and\n (b) the sums required to meet other expenditure proposed to be made\n from the Consolidated Fund of the State,\nand shall distinguish expenditure on revenue account from other expenditure.\n (3) The following expenditure shall be expenditure charged on the\nConsolidated Fund of each State—\n (a)the emoluments and allowances of the Governor and other\n expenditure relating to his office;\n (b)the salaries and allowances of the Speaker and the Deputy\n Speaker of the Legislative Assembly and, in the case of a State having a\n Legislative Council, also of the Chairman and the Deputy Chairman of\n the Legislative Council;\n (c)debt charges for which the State is liable including interest,\n sinking fund charges and redemption charges, and other expenditure\n relating to the raising of loans and the service and redemption of debt;\n (d)expenditure in respect of the salaries and allowances of Judges of\n any High Court;\n (e) any sums required to satisfy any judgment, decree or award of any\n court or arbitral tribunal;\n (f)any other expenditure declared by this Constitution, or by the\n Legislature of the State by law, to be so charged.",
"footnote": "",
"is_definition": false,
"sort_order": 2010
},
{
"number": "203",
"title": "Article 203. Procedure in Legislature with respect to estimates.",
"chapter": null,
"content": "(1) So\nmuch of the estimates as relates to expenditure charged upon the Consolidated\nFund of a State shall not be submitted to the vote of the Legislative Assembly,\n93 THE CONSTITUTION OF INDIA\n\nbut nothing in this clause shall be construed as preventing the discussion in the\nLegislature of any of those estimates.\n (2) So much of the said estimates as relates to other expenditure shall be\nsubmitted in the form of demands for grants to the Legislative Assembly, and\nthe Legislative Assembly shall have power to assent, or to refuse to assent, to\nany demand, or to assent to any demand subject to a reduction of the amount\nspecified therein.\n (3) No demand for a grant shall be made except on the recommendation\nof the Governor.",
"footnote": "",
"is_definition": false,
"sort_order": 2020
},
{
"number": "204",
"title": "Article 204. Appropriation Bills.",
"chapter": null,
"content": "(1) As soon as may be after the grants under\narticle 203 have been made by the Assembly, there shall be introduced a Bill to\nprovide for the appropriation out of the Consolidated Fund of the State of all\nmoneys required to meet—\n (a) the grants so made by the Assembly; and\n (b)the expenditure charged on the Consolidated Fund of the State but\n not exceeding in any case the amount shown in the statement previously\n laid before the House or Houses.\n (2) No amendment shall be proposed to any such Bill in the House or\neither House of the Legislature of the State which will have the effect of\nvarying the amount or altering the destination of any grant so made or of\nvarying the amount of any expenditure charged on the Consolidated Fund of\nthe State, and the decision of the person presiding as to whether an amendment\nis inadmissible under this clause shall be final.\n (3) Subject to the provisions of articles 205 and 206, no money shall be\nwithdrawn from the Consolidated Fund of the State except under appropriation\nmade by law passed in accordance with the provisions of this article.",
"footnote": "",
"is_definition": false,
"sort_order": 2030
},
{
"number": "205",
"title": "Article 205. Supplementary, additional or excess grants.",
"chapter": null,
"content": "(1) The Governor\nshall—\n (a)if the amount authorised by any law made in accordance with the\n provisions of article 204 to be expended for a particular service for the\n current financial year is found to be insufficient for the purposes of that\n year or when a need has arisen during the current financial year for\n supplementary or additional expenditure upon some new service not\n contemplated in the annual financial statement for that year;or\n94 THE CONSTITUTION OF INDIA\n\n (b) if any money has been spent on any service during a financial\n year in excess of the amount granted for that service and for that year,\ncause to be laid before the House or the Houses of the Legislature of the State\nanother statement showing the estimated amount of that expenditure or cause to\nbe presented to the Legislative Assembly of the State a demand for such excess,\nas the case may be.\n (2)The provisions of articles 202, 203 and 204 shall have effect in\nrelation to any such statement and expenditure or demand and also to any law\nto be made authorising the appropriation of moneys out of the Consolidated\nFund of the State to meet such expenditure or the grant in respect of such\ndemand as they have effect in relation to the annual financial statement and the\nexpenditure mentioned therein or to a demand for a grant and the law to be\nmade for the authorisation of appropriation of moneys out of the Consolidated\nFund of the State to meet such expenditure or grant.",
"footnote": "",
"is_definition": false,
"sort_order": 2040
},
{
"number": "206",
"title": "Article 206. Votes on account, votes of credit and exceptional grants.",
"chapter": null,
"content": "(1)\nNotwithstanding anything in the foregoing provisions of this Chapter, the\nLegislative Assembly of a State shall have power—\n (a) to make any grant in advance in respect of the estimated\n expenditure for a part of any financial year pending the completion of\n the procedure prescribed in article 203 for the voting of such grant and\n the passing of the law in accordance with the provisions of article 204 in\n relation to that expenditure;\n (b) to make a grant for meeting an unexpected demand upon the\n resources of the State when on account of the magnitude or the indefinite\n character of the service the demand cannot be stated with the details\n ordinarily given in an annual financial statement;\n (c)to make an exceptional grant which forms no part of the current\n service of any financial year,\nand the Legislature of the State shall have power to authorise by law the\nwithdrawal of moneys from the Consolidated Fund of the State for the purposes\nfor which the said grants are made.\n (2)The provisions of articles 203 and 204 shall have effect in relation to\nthe making of any grant under clause (1) and to any law to be made under that\nclause as they have effect in relation to the making of a grant with regard to any\nexpenditure mentioned in the annual financial statement and the law to be made\n95 THE CONSTITUTION OF INDIA\n\nfor the authorisation of appropriation of moneys out of the Consolidated Fund\nof the State to meet such expenditure.",
"footnote": "",
"is_definition": false,
"sort_order": 2050
},
{
"number": "207",
"title": "Article 207. Special provisions as to financial Bills.",
"chapter": null,
"content": "(1) A Bill or amendment\nmaking provision for any of the matters specified in sub-clauses ( a)to (f) of\nclause (1) of article 199 shall not be introduced or moved except on the\nrecommendation of the Governor, and a Bill making such provision shall not be\nintroduced in a Legislative Council:\n Provided that no recommendation shall be required under this clause for\nthe moving of an amendment making provision for the reduction or abolition of\nany tax.\n (2) A Bill or amendment shall not be deemed to make provision for any\nof the matters aforesaid by reason only that it provides for the imposition of\nfines or other pecuniary penalties, or for the demand or payment of fees for\nlicences or fees for services rendered, or by reason that it provides for the\nimposition, abolition, remission, alteration or regulation of any tax by any local\nauthority or body for local purposes.\n (3) A Bill which, if enacted and brought into operation, would involve\nexpenditure from the Consolidated Fund of a State shall not be passed by a\nHouse of the Legislature of the State unless the Governor has recommended to\nthat House the consideration of the Bill.\n Procedure Generally",
"footnote": "",
"is_definition": false,
"sort_order": 2060
},
{
"number": "208",
"title": "Article 208. Rules of procedure.",
"chapter": null,
"content": "(1) A House of the Legislature of a State\nmay make rules for regulating, subject to the provisions of this Constitution, its\nprocedure and the conduct of its business.\n (2) Until rules are made under clause (1), the rules of procedure and\nstanding orders in force immediately before the commencement of this\nConstitution with respect to the Legislature for the corresponding Province shall\nhave effect in relation to the Legislature of the State subject to such modifications\nand adaptations as may be made therein by the Speaker of the Legislative\nAssembly, or the Chairman of the Legislative Council, as the case may be.\n (3) In a State having a Legislative Council the Governor, after\nconsultation with the Speaker of the Legislative Assembly and the Chairman of\n96 THE CONSTITUTION OF INDIA\n\nthe Legislative Council, may make rules as to the procedure with respect to\ncommunications between the two Houses.",
"footnote": "",
"is_definition": false,
"sort_order": 2070
},
{
"number": "209",
"title": "Article 209. Regulation by law of procedure in the Legislature of the State in.",
"chapter": null,
"content": "The Legislature of a State may, for the purpose\nof the timely completion of financial business, regulate by law the procedure of,\nand the conduct of business in, the House or Houses of the Legislature of the\nState in relation to any financial matter or to any Bill for the appropriation of\nmoneys out of the Consolidated Fund of the State, and, if and so far as any\nprovision of any law so made is inconsistent with any rule made by the House or\neither House of the Legislature of the State under clause (1) of article 208 or with\nany rule or standing order having effect in relation to the Legislature of the State\nunder clause (2) of that article, such provision shall prevail.\n 210. Language to be used in the Legislature .—(1) Notwithstanding\nanything in Part XVII, but subject to the provisions of article 348, business in\nthe Legislature of a State shall be transacted in the official language or\nlanguages of the State or in Hindi or in English:\n Provided that the Speaker of the Legislative Assembly or Chairman of\nthe Legislative Council, or person acting as such, as the case may be, may\npermit any member who cannot adequately express himself in any of the\nlanguages aforesaid to address the House in his mother-tongue.\n (2) Unless the Legislature of the State by law otherwise provides, this\narticle shall, after the expiration of a period of fifteen years from the\ncommencement of this Constitution, have effect as if the words “or in English”\nwere omitted therefrom:\n 1[Provided that in relation to the 2[Legislatures of the States of Himachal\nPradesh, Manipur, Meghalaya and Tripura]this clause shall have effect as if for\nthe words “fifteen years” occurring therein, the words “twenty-five years” were\nsubstituted:]\n 3[Provided further that in relation to the 4[Legislatures of the States of\n5[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for\n97 THE CONSTITUTION OF INDIA\n\nthe words \"fifteen years\" occurring therein, the words \"forty years\" were\nsubstituted.]\n 211. Restriction on discussion in the Legislature. —No discussion\nshall take place in the Legislature of a State with respect to the conduct of any\nJudge of the Supreme Court or of a High Court in the discharge of his duties.\n 212. Courts not to inquire into proceedings of the Legislature. —(1)\nThe validity of any proceedings in the Legislature of a State shall not be called\nin question on the ground of any alleged irregularity of procedure.\n (2) No officer or member of the Legislature of a State in whom powers\nare vested by or under this Constitution for regulating procedure or the conduct\nof business, or for maintaining order, in the Legislature shall be subject to the\njurisdiction of any court in respect of the exercise by him of those powers.",
"footnote": "",
"is_definition": false,
"sort_order": 2080
},
{
"number": "210",
"title": "CHAPTER IV - LEGISLATIVE POWER OF THE",
"chapter": "CHAPTER IV",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2090
},
{
"number": "211",
"title": "CHAPTER V - THE HIGH COURTS IN THE",
"chapter": "CHAPTER V",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2100
},
{
"number": "229",
"title": "Article 229. Officers and servants and the expenses of High Courts.",
"chapter": null,
"content": "(1)\nAppointments of officers and servants of a High Court shall be made by the Chief\nJustice of the Court or such other Judge or officer of the Court as he may direct:\n Provided that the Governor of the State 2***may by rule require that in\nsuch cases as may be specified in the rule no person not already attached to the\nCourt shall be appointed to any office connected with the Court save after\nconsultation with the State Public Service Commission.\n (2) Subject to the provisions of any law made by the Legislature of the\nState, the conditions of service of officers and servants of a High Court shall be\nsuch as may be prescribed by rules made by the Chief Justice of the Court or by\nsome other Judge or officer of the Court authorised by the Chief Justice to\nmake rules for the purpose:\n Provided that the rules made under this clause shall, so far as they relate\nto salaries, allowances, leave or pensions, require the approval of the Governor\nof the State 2***.\n (3) The administrative expenses of a High Court, including all salaries,\nallowances and pensions payable to or in respect of the officers and servants of\nthe Court, shall be charged upon the Consolidated Fund of the State, and any\nfees or other moneys taken by the Court shall form part of that Fund.",
"footnote": "",
"is_definition": false,
"sort_order": 2110
},
{
"number": "230",
"title": "Article 230. Extension of jurisdiction of High Courts to Union territories.",
"chapter": null,
"content": "(1) Parliament may by law extend the jurisdiction of a High Court\nto, or exclude the jurisdiction of a High Court from, any Union territory.\n (2) Where the High Court of a State exercises jurisdiction in relation to a\nUnion territory,—\n (a) nothing in this Constitution shall be construed as empowering the\n Legislature of the State to increase, restrict or abolish that jurisdiction; and\n (b) the reference in article 227 to the Governor shall, in relation to\n108 THE CONSTITUTION OF INDIA\n\n any rules, forms or tables for subordinate courts in that territory, be\n construed as a reference to the President.",
"footnote": "",
"is_definition": false,
"sort_order": 2120
},
{
"number": "231",
"title": "Article 231. Establishment of a common High Court for two or more States.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in the preceding provisions of\nthis Chapter, Parliament may by law establish a common High Court for two or\nmore States or for two or more States and a Union territory.\n (2) In relation to any such High Court,—\n 1(a)*****\n (b) the reference in article 227 to the Governor shall, in relation to\n any rules, forms or tables for subordinate courts, be construed as a\n reference to the Governor of the State in which the subordinate courts\n are situate; and\n (c) the references in articles 219 and 229 to the State shall be\n construed as a reference to the State in which the High Court has its\n principal seat:\n Provided that if such principal seat is in a Union territory, the references\nin articles 219 and 229 to the Governor, Public Service Commission,\nLegislature and Consolidated Fund of the State shall be construed respectively\nas references to the President, Union Public Service Commission, Parliament\nand Consolidated Fund of India.]",
"footnote": "",
"is_definition": false,
"sort_order": 2130
},
{
"number": "232",
"title": "Article 232. Articles 230, 231 and 232 substituted by articles 230 and 231].",
"chapter": null,
"content": "Articles 230, 231 and 232 subs.byarticles 230\nand 231 bythe Constitution (Seventh Amendment) Act, 1956, s. 16\n(w.e.f. 1-11-1956)].",
"footnote": "",
"is_definition": false,
"sort_order": 2140
},
{
"number": "216",
"title": "CHAPTER VI - SUBORDINATE COURTS",
"chapter": "CHAPTER VI",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2150
},
{
"number": "233",
"title": "Article 233. Appointment of district judges.",
"chapter": null,
"content": "(1) Appointments of persons to\n109 THE CONSTITUTION OF INDIA\n\nbe, and the posting and promotion of, district judges in any State shall be made\nby the Governor of the State in consultation with the High Court exercising\njurisdiction in relation to such State.\n (2) A person not already in the service of the Union or of the State shall\nonly be eligible to be appointed a district judge if he has been for not less than\nseven years an advocate or a pleader and is recommended by the High Court\nfor appointment.",
"footnote": "",
"is_definition": false,
"sort_order": 2160
},
{
"number": "233A",
"title": "Article 233A. Validation of appointments of, and judgments, etc., delivered by,.",
"chapter": null,
"content": "Notwithstanding any judgment,\ndecree or order of any court,—\n of a State or of any person who has been for not less than seven years an (a) (i) no appointment of any person already in the judicial service\n advocate or a pleader, to be a district judge in that State, and\n district judge, made at any time before the commencement of the (ii) no posting, promotion or transfer of any such person as a\n Constitution (Twentieth Amendment) Act, 1966, otherwise than in\n accordance with the provisions of article 233 or article 235 shall be\n deemed to be illegal or void or ever to have become illegal or void by\n reason only of the fact that such appointment, posting, promotion or\n transfer was not made in accordance with the said provisions;\n (b) no jurisdiction exercised, no judgment, decree, sentence or order\n passed or made, and no other act or proceeding done or taken, before the\n commencement of the Constitution (Twentieth Amendment) Act, 1966\n by, or before, any person appointed, posted, promoted or transferred as a\n district judge in any State otherwise than in accordance with the\n provisions of article 233 or article 235 shall be deemed to be illegal or\n invalid or ever to have become illegal or invalid by reason only of the\n fact that such appointment, posting, promotion or transfer was not made\n in accordance with the said provisions.]",
"footnote": "",
"is_definition": false,
"sort_order": 2170
},
{
"number": "234",
"title": "Article 234. Recruitment of persons other than district judges to the judicial.",
"chapter": null,
"content": "Appointments of persons other than district judges to the judicial service\nof a State shall be made by the Governor of the State in accordance with rules made\nby him in that behalf after consultation with the State Public Service Commission\nand with the High Court exercising jurisdiction in relation to such State.\n110 THE CONSTITUTION OF INDIA\n\ncourts and courts subordinate thereto including the posting and promotion of,",
"footnote": "",
"is_definition": false,
"sort_order": 2180
},
{
"number": "235",
"title": "Article 235. Control over subordinate courts.",
"chapter": null,
"content": "The control over district\n\nand the grant of leave to, persons belonging to the judicial service of a State\nand holding any post inferior to the post of district judge shall be vested in the\nHigh Court, but nothing in this article shall be construed as taking away from\nany such person any right of appeal which he may have under the law\nregulating the conditions of his service or as authorising the High Court to deal\nwith him otherwise than in accordance with the conditions of his service\nprescribed under such law.",
"footnote": "",
"is_definition": false,
"sort_order": 2190
},
{
"number": "236",
"title": "Article 236. Interpretation.",
"chapter": null,
"content": "In this Chapter—\n (a) the expression “district judge” includes judge of a city civil court,\n additional district judge, joint district judge, assistant district judge, chief\n judge of a small cause court, chief presidency magistrate, additional\n chief presidency magistrate, sessions judge, additional sessions judge\n and assistant sessions Judge;\n exclusively of persons intended to fill the post of district judge and other (b) the expression “judicial service” means a service consisting\n\n civil judicial posts inferior to the post of district judge.\nclasses of magistrates.",
"footnote": "",
"is_definition": false,
"sort_order": 2200
},
{
"number": "237",
"title": "Article 237. Application of the provisions of this Chapter to certain class or.",
"chapter": null,
"content": "The Governor may by public notification direct that\n\nthe foregoing provisions of this Chapter and any rules made thereunder shall\nwith effect from such date as may be fixed by him in that behalf apply in\nrelation to any class or classes of magistrates in the State as they apply in\nrelation to persons appointed to the judicial service of the State subject to such\nexceptions and modifications as may be specified in the notification.\n PART VII\n\n [The States in Part B of the First Schedule].",
"footnote": "",
"is_definition": false,
"sort_order": 2210
},
{
"number": "223",
"title": "PART VIII - THE UNION TERRITORIES",
"chapter": "PART VIII",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2220
},
{
"number": "239",
"title": "Article 239. Administration of Union territories.",
"chapter": null,
"content": "(1) Save as otherwise\nprovided by Parliament by law, every Union territory shall be administered by\nthe President acting, to such extent as he thinks fit, through an administrator to\nbe appointed by him with such designation as he may specify.\n (2)Notwithstanding anything contained in Part VI, the President may\nappoint the Governor of a State as the administrator of an adjoining Union\nterritory, and where a Governor is so appointed, he shall exercise his functions\nas such administrator independently of his Council of Ministers.]\n 3*",
"footnote": "",
"is_definition": false,
"sort_order": 2230
},
{
"number": "239A",
"title": "Article 239A. Creation of local Legislatures or Council of Ministers or both for.",
"chapter": null,
"content": "(1) Parliament may by law create 4[for\nthe Union territory of 5[Puducherry]]—\n (a)a body, whether elected or partly nominated and partly elected, to\n function as a Legislature for the Union territory, or\n (b)a Council of Ministers,\nor both with such constitution, powers and functions, in each case, as may be\nspecified in the law.\n (2)Any such law as is referred to in clause (1) shall not be deemed to be\nan amendment of this Constitution for the purposes of article 368\nnotwithstanding that it contains any provision which amends or has the effect\nof amending this Constitution.]\n\n113 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 2240
},
{
"number": "239AA",
"title": "Article 239AA. Special provisions with respect to Delhi.",
"chapter": null,
"content": "(1) As from the\ndate of commencement of the Constitution (Sixty-ninth Amendment) Act,\n1991, the Union territory of Delhi shall be called the National Capital Territory\nof Delhi (hereafter in this Part referred to as the National Capital Territory) and\nthe administrator thereof appointed under article 239 shall be designated as the\nLieutenant Governor.\n (2)( a) There shall be a Legislative Assembly for the National Capital\nTerritory and the seats in such Assembly shall be filled by members chosen by\ndirect election from territorial constituencies in the National Capital Territory.\n (b) The total number of seats in the Legislative Assembly, the number of\nseats reserved for Scheduled Castes, the division of the National Capital\nTerritory into territorial constituencies (including the basis for such division)\nand all other matters relating to the functioning of the Legislative Assembly\nshall be regulated by law made by Parliament.\n 2[(ba )Seats shall be reserved for women in the Legislative Assembly of\nthe National Capital Territory of Delhi.\n (bb )As nearly as may be, one-third of the seats reserved for the\nScheduled Castes in the Legislative Assembly of the National Capital Territory\nof Delhi shall be reserved for women.\n (bc )As nearly as may be, one-third of the total number of seats to be\nfilled by direct election in the Legislative Assembly of the National Capital\nTerritoryof Delhi (including the numbers of seats reserved for women\nbelonging to the Scheduled Castes) shall be reserved for women in such\nmanner as Parliament may by law determine.]\n (c)The provisions of articles 324 to 327 and 329 shall apply in relation\nto the National Capital Territory, the Legislative Assembly of the National\nCapital Territory and the members thereof as they apply, in relation to a State,\nthe Legislative Assembly of a State and the members thereof respectively; and\nany reference in articles 326 and 329 to “appropriate Legislature” shall be\ndeemed to be a reference to Parliament.\n114 THE CONSTITUTION OF INDIA\n\n (3) ( a)Subject to the provisions of this Constitution, the Legislative\nAssembly shall have power to make laws for the whole or any part of the\nNational Capital Territory with respect to any of the matters enumerated in the\nState List or in the Concurrent List in so far as any such matter is applicable to\nUnion territories except matters with respect to Entries 1, 2 and 18 of the State\nList and Entries 64, 65 and 66 of that List in so far as they relate to the said\nEntries 1, 2 and 18.\n (b)Nothing in sub-clause ( a)shall derogate from the powers of\nParliament under this Constitution to make laws with respect to any matter for\na Union territory or any part thereof.\n (c) If any provision of a law made by the Legislative Assembly with\nrespect to any matter is repugnant to any provision of a law made by Parliament\nwith respect to that matter, whether passed before or after the law made by the\nLegislative Assembly, or of an earlier law, other than a law made by the\nLegislative Assembly, then, in either case, the law made by Parliament, or, as\nthe case may be, such earlier law, shall prevail and the law made by the\nLegislative Assembly shall, to the extent of the repugnancy, be void:\n Provided that if any such law made by the Legislative Assembly has\nbeen reserved for the consideration of the President and has received his assent,\nsuch law shall prevail in the National Capital Territory:\n Provided further that nothing in this sub-clause shall prevent Parliament\nfrom enacting at any time any law with respect to the same matter including a\nlaw adding to, amending, varying or repealing the law so made by the\nLegislative Assembly.\n (4) There shall be a Council of Ministers consisting of not more than ten\npercent. of the total number of members in the Legislative Assembly, with the\nChief Minister at the head to aid and advise the Lieutenant Governor in the\nexercise of his functions in relation to matters with respect to which the\nLegislative Assembly has power to make laws, except in so far as he is, by or\nunder any law, required to act in his discretion:\nGovernor and his Ministers on any matter, the Lieutenant Governor shall refer Provided that in the case of difference of opinion between the Lieutenant\nit to the President for decision and act according to the decision given thereon\nby the President and pending such decision it shall be competent for the\nLieutenant Governor in any case where the matter, in his opinion, is so urgent\nthat it is necessary for him to take immediate action, to take such action or to\ngive such direction in the matter as he deems necessary.\n115 THE CONSTITUTION OF INDIA\n\nMinisters shall be appointed by the President on the advice of the Chief (5) The Chief Minister shall be appointed by the President and other\nMinister and the Ministers shall hold office during the pleasure of the\nPresident. (6) The Council of Ministers shall be collectively responsible to the\nLegislative Assembly.\n 1[(7) (a)] Parliament may, by law, make provisions for giving effect to,\nor supplementing the provisions contained in the foregoing clauses and for all\nmatters incidental or consequential thereto.\n 2[(b) Any such law as is referred to in sub-clause ( a) shall not be deemed\nto be an amendment of this Constitution for the purposes of article 368\nnotwithstanding that it contains any provision which amends or has the effect\nof amending, this Constitution.]\n (8) The provisions of article 239B shall, so far as may be, apply in\nrelation to the National Capital Territory, the Lieutenant Governor and the\nLegislative Assembly, as they apply in relation to the Union territory of\n3[Puducherry], the administrator and its Legislature, respectively; and any\nreference in that article to “clause (1) of article 239A” shall be deemed to be a\nreference to this article or article 239AB, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 2250
},
{
"number": "239AB",
"title": "Article 239AB. Provision in case of failure of constitutional machinery.",
"chapter": null,
"content": "If\nthe President, on receipt of a report from the Lieutenant Governor or otherwise,\nis satisfied—\n (a)that a situation has arisen in which the administration of the\n National Capital Territory cannot be carried on in accordance with the\n provisions of article 239AA or of any law made in pursuance of that\n article; or\n (b)that for the proper administration of the National Capital\n Territory it is necessary or expedient so to do,\nthe President may by order suspend the operation of any provision of article\n239AA or of all or any of the provisions of any law made in pursuance of that\n\n116 THE CONSTITUTION OF INDIA\n\narticle for such period and subject to such conditions as may be specified in\nsuch law and make such incidental and consequential provisions as may appear\nto him to be necessary or expedient for administering the National Capital\nTerritory in accordance with the provisions of article 239 and article 239AA.]",
"footnote": "",
"is_definition": false,
"sort_order": 2260
},
{
"number": "239B",
"title": "Article 239B. Power of administrator to promulgate Ordinances during recess.",
"chapter": null,
"content": "(1) If at any time, except when the Legislature of 2[the\nUnion territory of 3[Puducherry]]is in session, the administrator thereof is\nsatisfied that circumstances exist which render it necessary for him to take\nimmediate action, he may promulgate such Ordinances as the circumstances\nappear to him to require:Provided that no such Ordinance shall be promulgated by the\n\nadministrator except after obtaining instructions from the President in that\nbehalf: Provided further that whenever the said Legislature is dissolved, or its\n\nfunctioning remains suspended on account of any action taken under any such\nlaw as is referred to in clause (1) of article 239A, the administrator shall not\npromulgate any Ordinance during the period of such dissolution or suspension.\n (2) An Ordinance promulgated under this article in pursuance of\ninstructions from the President shall be deemed to be an Act of the Legislature\nof the Union territory which has been duly enacted after complying with the\nprovisions in that behalf contained in any such law as is referred to in clause (1)\nof article 239A, but every such Ordinance—(a) shall be laid before the Legislature of the Union territory and\n\n shall cease to operate at the expiration of six weeks from the reassembly\n of the Legislature or if, before the expiration of that period, a resolution\n disapproving it is passed by the Legislature, upon the passing of the\n resolution; and(b) may be withdrawn at any time by the administrator after\n\n obtaining instructions from the President in that behalf.\n (3) If and so far as an Ordinance under this article makes any provision\nwhich would not be valid if enacted in an Act of the Legislature of the Union\n\n\n117 THE CONSTITUTION OF INDIA\n\nterritory made after complying with the provisions in that behalf contained in\nany such law as is referred to in clause (1) of article 239A, it shall be void.]\n 1(4)* * * *",
"footnote": "",
"is_definition": false,
"sort_order": 2270
},
{
"number": "240",
"title": "Article 240. Power of President to make regulations for certain Union.",
"chapter": null,
"content": "(1) The President may make regulations for the peace, progress\nand good government of the Union territory of—\n (a) the Andaman and Nicobar Islands;\n 3[(b) Lakshadweep;]\n 4[(c) Dadra and Nagar Haveliand Daman and Diu;]\n 5[(d) **** ;]\n 6[(e) 7[Puducherry ];]\n 8(f) * * *\n 9(g)* * *\n 10[Provided that when any body is created under article 239A to function\nas a Legislature for the Union territory of 7[Puducherry], the President shall not\nmake any regulation for the peace, progress and good government of that\nUnion territory with effect from the date appointed for the first meeting of the\nLegislature:]\n118 THE CONSTITUTION OF INDIA\n\n 1[Provided further that whenever the body functioning as a Legislature\nfor the Union territory of 2[Puducherry]is dissolved, or the functioning of that\nbody as such Legislature remains suspended on account of any action taken\nunder any such law as is referred to in clause (1) of article 239A, the President\nmay, during the period of such dissolution or suspension, make regulations for\nthe peace, progress and good government of that Union territory.]\n (2) Any regulation so made may repeal or amend any Act made by\nParliament or 3[any other law], which is for the time being applicable to the\nUnion territory and, when promulgated by the President, shall have the same\nforce and effect as an Act of Parliament which applies to that territory.]",
"footnote": "",
"is_definition": false,
"sort_order": 2280
},
{
"number": "241",
"title": "Article 241. High Courts for Union territories.",
"chapter": null,
"content": "(1) Parliament may by law\nconstitute a High Court for a 4[Union territory] or declare any court in any\n5[such territory]to be a High Court for all or any of the purposes of this\nConstitution.\nevery High Court referred to in clause (1) as they apply in relation to a High (2) The provisions of Chapter V of Part VI shall apply in relation to\nCourt referred to in article 214 subject to such modifications or exceptions as\nParliament may by law provide.\n 6[(3) Subject to the provisions of this Constitution and to the provisions\nof any law of the appropriate Legislature made by virtue of powers conferred\non that Legislature by or under this Constitution, every High Court exercising\njurisdiction immediately before the commencement of the Constitution\n(Seventh Amendment) Act, 1956, in relation to any Union territory shall\ncontinue to exercise such jurisdiction in relation to that territory after such\ncommencement.\nextend or exclude the jurisdiction of a High Court for a State to, or from, any (4) Nothing in this article derogates from the power of Parliament to\nUnion territory or part thereof.]",
"footnote": "",
"is_definition": false,
"sort_order": 2290
},
{
"number": "242",
"title": "Article 242. Coorg. Omitted..",
"chapter": null,
"content": "Omittedby the Constitution (Seventh Amendment ) Act,\n1956, s. 29 and Sch. (w.e.f. 1-11-1956) .\n\n 1[PART IX\n THE PANCHAYATS",
"footnote": "",
"is_definition": false,
"sort_order": 2300
},
{
"number": "243",
"title": "Article 243. Definitions.",
"chapter": null,
"content": "In this Part, unless the context otherwise requires,—\n (a) “district” means a district in a State;\n (b) “Gram Sabha” means a body consisting of persons registered in\n the electoral rolls relating to a village comprised within the area of\n Panchayat at the village level;\n (c) “intermediate level” means a level between the village and\n district levels specified by the Governor of a State by public notification\n to be the intermediate level for the purposes of this Part;\n (d) “Panchayat” means an institution (by whatever name called) of\n self-government constituted under article 243B, for the rural areas;\n (e) “Panchayat area” means the territorial area of a Panchayat;\n (f) “Population” means the population as ascertained at the last\n preceding census of which the relevant figures have been published;\n (g) “village” means a village specified by the Governor by public\n notification to be a village for the purposes of this Part and includes a\n group of villages so specified.",
"footnote": "",
"is_definition": false,
"sort_order": 2310
},
{
"number": "243A",
"title": "Article 243A. Gram Sabha.",
"chapter": null,
"content": "A Gram Sabha may exercise such powers and\nperform such functions at the village level as the Legislature of a State may, by\nlaw, provide.",
"footnote": "",
"is_definition": false,
"sort_order": 2320
},
{
"number": "243B",
"title": "Article 243B. Constitution of Panchayats.",
"chapter": null,
"content": "(1) There shall be constituted in\nevery State, Panchayats at the village, intermediate and district levels in\naccordance with the provisions of this Part.\n (2) Notwithstanding anything in clause (1), Panchayats atthe intermediate\nlevel may not be constituted in a State having a population not exceeding\ntwenty lakhs.",
"footnote": "",
"is_definition": false,
"sort_order": 2330
},
{
"number": "243C",
"title": "Article 243C. Composition of Panchayats.",
"chapter": null,
"content": "(1) Subject to the provisions of\nthis Part, the Legislature of a State may, by law, make provisions with respect\nto the composition of Panchayats:\n120 THE CONSTITUTION OF INDIA\n\n Provided that the ratio between the population of the territorial area of a\nPanchayat at any level and the number of seats in such Panchayat to be filled\nby election shall, so far as practicable, be the same throughout the State.\n (2) All the seats in a Panchayat shall be filled by persons chosen by\ndirect election from territorial constituencies in the Panchayat area and, for this\npurpose, each Panchayat area shall be divided into territorial constituencies in\nsuch manner that the ratio between the population of each constituency and the\nnumber of seats allotted to it shall, so far as practicable, be the same throughout\nthe Panchayat area.\n (3) The Legislature of a State may, by law, provide for the\nrepresentation—\n (a) of the Chairpersons of the Panchayats at the village level, in the\n Panchayats at the intermediate level or, in the case of a State not having\n Panchayats at the intermediate level, in the Panchayats at the district\n level;\n (b) of the Chairpersons of the Panchayats at the intermediate level, in\n the Panchayats at the district level;\n (c) of the members of the House of the People and the members of\n the Legislative Assembly of the State representing constituencies which\n comprise wholly or partly a Panchayat area at a level other than the\n village level, in such Panchayat;\n (d) of the members of the Council of States and the members of the\n Legislative Council of the State, where they are registered as electors\n within—\n (i) a Panchayat area at the intermediate level, in Panchayat at the\n intermediate level;\n (ii) a Panchayat area at the district level, in Panchayat at the\n district level.\n (4) The Chairperson of a Panchayat and other members of a Panchayat\nwhether or not chosen by direct election from territorial constituencies in the\nPanchayat area shall have the right to vote in the meetings of the Panchayats.\n (5) The Chairperson of—\n (a) a Panchayat at the village level shall be elected in such manner as\n the Legislature of a State may, by law, provide; and\n (b) a Panchayat at the intermediate level or district level shall be\n elected by, and from amongst, the elected members thereof.\n121 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 2340
},
{
"number": "243D",
"title": "Article 243D. Reservation of seats.",
"chapter": null,
"content": "(1) Seats shall be reserved for—\n (a) the Scheduled Castes; and\n (b) the Scheduled Tribes,\nin every Panchayat and the number of seats so reserved shall bear, as nearly as\nmay be, the same proportion to the total number of seats to be filled by direct\nelection in that Panchayat as the population of the Scheduled Castes in that\nPanchayat area or of the Scheduled Tribes in that Panchayat area bears to the\ntotal population of that area and such seats may be allotted by rotation to\ndifferent constituencies in a Panchayat.\n (2) Not less than one-third of the total number of seats reserved under\nclause (1) shall be reserved for women belonging to the Scheduled Castes or, as\nthe case may be, the Scheduled Tribes.\n (3) Not less than one-third (including the number of seats reserved for\nwomen belonging to the Scheduled Castes and the Scheduled Tribes) of the\ntotal number of seats to be filled by direct election in every Panchayat shall be\nreserved for women and such seats may be allotted by rotation to different\nconstituencies in a Panchayat.\n (4) The offices of the Chairpersons in the Panchayats at the village or\nany other level shall be reserved for the Scheduled Castes, the Scheduled\nTribes and women in such manner as the Legislature of a State may, by law,\nprovide:\n Provided that the number of offices of Chairpersons reserved for the\nScheduled Castes and the Scheduled Tribes in the Panchayats at each level in\nany State shall bear, as nearly as may be, the same proportion to the total\nnumber of such offices in the Panchayats at each level as the population of the\nScheduled Castes in the State or of the Scheduled Tribes in the State bears to\nthe total population of the State:\n Provided further that not less than one-third of the total number of offices\nof Chairpersons in the Panchayats at each level shall be reserved for women:\n Provided also that the number of offices reserved under this clause shall\nbe allotted by rotation to different Panchayats at each level.\n (5) The reservation of seats under clauses (1) and (2) and the reservation of\noffices of Chairpersons (other than the reservation for women) under clause (4)\nshall cease to have effect on the expiration of the period specified in article 334.\n (6) Nothing in this Part shall prevent the Legislature of a State from making\nany provision for reservation of seats in any Panchayat or offices of Chairpersons in\nthe Panchayats at any level in favour of backward class of citizens.\n122 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 2350
},
{
"number": "243E",
"title": "Article 243E. Duration of Panchayats, etc.",
"chapter": null,
"content": "(1) Every Panchayat, unless\nsooner dissolved under any law for the time being in force, shall continue for\nfive years from the date appointed for its first meeting and no longer.\n (2) No amendment of any law for the time being in force shall have the\neffect of causing dissolution of a Panchayat at any level, which is functioning\nimmediately before such amendment, till the expiration of its duration specified\nin clause (1).\n (3) An election to constitute a Panchayat shall be completed—\n (a) before the expiry of its duration specified in clause (1);\n (b) before the expiration of a period of six months from the date of its\n dissolution:\n Provided that where the remainder of the period for which the dissolved\nPanchayat would have continued is less than six months, it shall not be\nnecessary to hold any election under this clause for constituting the Panchayat\nfor such period.\n (4) A Panchayat constituted upon the dissolution of a Panchayat before\nthe expiration of its duration shall continue only for the remainder of the period\nfor which the dissolved Panchayat would have continued under clause (1) had it\nnot been so dissolved.",
"footnote": "",
"is_definition": false,
"sort_order": 2360
},
{
"number": "243F",
"title": "Article 243F. Disqualifications for membership.",
"chapter": null,
"content": "(1) A person shall be\ndisqualified for being chosen as, and for being, a member of a Panchayat—\n (a) if he is so disqualified by or under any law for the time being in\n force for the purposes of elections to the Legislature of the State\n concerned:\n Provided that no person shall be disqualified on the ground that he is\n less than twenty-five years of age, if he has attained the age of twenty-\n one years;\n (b) if he is so disqualified by or under any law made by the\n Legislature of the State.\n (2) If any question arises as to whether a member of a Panchayat has\nbecome subject to any of the disqualifications mentioned in clause (1), the\nquestion shall be referred for the decision of such authority and in such manner\nas the Legislature of a State may, by law, provide.\n123 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 2370
},
{
"number": "243G",
"title": "Article 243G. Powers, authority and responsibilities of Panchayats.",
"chapter": null,
"content": "Subject to the provisions of this Constitution, the Legislature of a State may, by\nlaw, endow the Panchayats with such powers and authority as may be\nnecessary to enable them to function as institutions of self-government and\nsuch law may contain provisions for the devolution of powers and\nresponsibilities upon Panchayats at the appropriate level, subject to such\nconditions as may be specified therein, with respect to—\n (a) the preparation of plans for economic development and social justice;\n (b) the implementation of schemes for economic development and\n social justice as may be entrusted to them including those in relation to\n the matters listed in the Eleventh Schedule.",
"footnote": "",
"is_definition": false,
"sort_order": 2380
},
{
"number": "243H",
"title": "Article 243H. Powers to impose taxes by, and Funds of, the Panchayats.",
"chapter": null,
"content": "The Legislature of a State may, by law,—\n (a) authorise a Panchayat to levy, collect and appropriate such taxes,\n duties, tolls and fees in accordance with such procedure and subject to\n such limits;\n (b) assign to a Panchayat such taxes, duties, tolls and fees levied and\n collected by the State Government for such purposes and subject to such\n conditions and limits;\n (c) provide for making such grants-in-aid to the Panchayats from the\n Consolidated Fund of the State; and\n (d) provide for constitution of such Funds for crediting all moneys\n received, respectively, by or on behalf of the Panchayats and also for the\n withdrawal of such moneys therefrom,\nas may be specified in the law.",
"footnote": "",
"is_definition": false,
"sort_order": 2390
},
{
"number": "243-I",
"title": "Article 243-I. Constitution of Finance Commission to review financial.",
"chapter": null,
"content": "(1) The Governor of a State shall, as soon as may be within one\nyear from the commencement of the Constitution (Seventy-third Amendment)\nAct, 1992, and thereafter at the expiration of every fifth year, constitute a\nFinance Commission to review the financial position of the Panchayats and to\nmake recommendations to the Governor as to—\n (a) the principles which should govern—\n (i) the distribution between the State and the Panchayats of the\n net proceeds of the taxes, duties, tolls and fees leviable by the\n State, which may be divided between them under this Part and the\n allocation between the Panchayats at all levels of their respective\n shares of such proceeds;\n124 THE CONSTITUTION OF INDIA\n\n (ii) the determination of the taxes, duties, tolls and fees which\n may be assigned to, or appropriated by, the Panchayats;\n (iii)the grants-in-aid to the Panchayats from the Consolidated\n Fund of the State;\n (b)the measures needed to improve the financial position of the\n Panchayats;\n (c) any other matter referred to the Finance Commission by the\n Governor in the interests of sound finance of the Panchayats.\n (2) The Legislature of a State may, by law, provide for the composition\nof the Commission, the qualifications which shall be requisite for appointment\nas members thereof and the manner in which they shall be selected.\n (3) The Commission shall determine their procedure and shall have such\npowers in the performance of their functions as the Legislature of the State\nmay, by law, confer on them.\n (4) The Governor shall cause every recommendation made by the\nCommission under this article together with an explanatory memorandum as to\nthe action taken thereon to be laid before the Legislature of the State.",
"footnote": "",
"is_definition": false,
"sort_order": 2400
},
{
"number": "243J",
"title": "Article 243J. Audit of accounts of Panchayats.",
"chapter": null,
"content": "The Legislature of a State\nmay, by law, make provisions with respect to the maintenance of accounts by\nthe Panchayats and the auditing of such accounts.",
"footnote": "",
"is_definition": false,
"sort_order": 2410
},
{
"number": "243K",
"title": "Article 243K. Elections to the Panchayats.",
"chapter": null,
"content": "(1) The superintendence,\ndirection and control of the preparation of electoral rolls for, and the conduct\nof, all elections to the Panchayats shall be vested in a State Election\nCommission consisting of a State Election Commissioner to be appointed by\nthe Governor.\n (2) Subject to the provisions of any law made by the Legislature of a\nState, the conditions of service and tenure of office of the State Election\nCommissioner shall be such as the Governor may by rule determine:\n Provided that the State Election Commissioner shall not be removed\nfrom his office except in like manner and on the like grounds as a Judge of a\nHigh Court and the conditions of service of the State Election Commissioner\nshall not be varied to his disadvantage after his appointment.\n125 THE CONSTITUTION OF INDIA\n\n (3) The Governor of a State shall, when so requested by the State\nElection Commission, make available to the State Election Commission such\nstaff as may be necessary for the discharge of the functions conferred on the\nState Election Commission by clause (1).\n (4) Subject to the provisions of this Constitution, the Legislature of a\nState may, by law, make provision with respect to all matters relating to, or in\nconnection with, elections to the Panchayats.",
"footnote": "",
"is_definition": false,
"sort_order": 2420
},
{
"number": "243L",
"title": "Article 243L. Application to Union territories.",
"chapter": null,
"content": "The provisions of this Part\nshall apply to the Union territories and shall, in their application to a Union\nterritory, have effect as if the references to the Governor of a State were\nreferences to the Administrator of the Union territory appointed under article\n239 and references to the Legislature or the legislative Assembly of a State\nwere references, in relation to a Union territory having a Legislative Assembly,\nto that Legislative Assembly:\n Provided that the President may, by public notification, direct that the\nprovisions of this Part shall apply to any Union territory or part thereof subject\nto such exceptions and modifications as he may specify in the notification.",
"footnote": "",
"is_definition": false,
"sort_order": 2430
},
{
"number": "243M",
"title": "Article 243M. Part not to apply to certain areas.",
"chapter": null,
"content": "(1) Nothing in this Part\nshall apply to the Scheduled Areas referred to in clause (1), and the tribal areas\nreferred to in clause (2), of article 244.\n (2) Nothing in this Part shall apply to—\n (a) the States of Nagaland, Meghalaya and Mizoram;\n (b)the hill areas in the State of Manipur for which District Councils\n exist under any law for the time being in force.\n (3) Nothing in this Part—\n (a) relating to Panchayats at the district level shall apply to the hill\n areas of the District of Darjeeling in the State of West Bengal for which\n Darjeeling Gorkha Hill Council exists under any law for the time being\n in force;\n (b)shall be construed to affect the functions and powers of the\n Darjeeling Gorkha Hill Council constituted under such law.\n126 THE CONSTITUTION OF INDIA\n\n 1[(3A) Nothing in article 243D, relating to reservation of seats for the\nScheduled Castes, shall apply to the State of Arunachal Pradesh.]\n (4)Notwithstanding anything in this Constitution,—\n (a) the Legislature of a State referred to in sub-clause ( a) of\n clause (2) may, by law, extend this Part to that State, except the areas, if\n any, referred to in clause (1), if the Legislative Assembly of that State\n passes a resolution to that effect by a majority of the total membership of\n that House and by a majority of not less than two-thirds of the members\n of that House present and voting;\n (b) Parliament may, by law, extend the provisions of this Part to the\n Scheduled Areas and the tribal areas referred to in clause (1) subject to\n such exceptions and modifications as may be specified in such law, and\n no such law shall be deemed to be an amendment of this Constitution for\n the purposes of article 368.",
"footnote": "",
"is_definition": false,
"sort_order": 2440
},
{
"number": "243N",
"title": "Article 243N. Continuance of existing laws and Panchayats.",
"chapter": null,
"content": "Notwithstanding anything in this Part, any provision of any law relating to\nPanchayats in force in a State immediately before the commencement of the\nConstitution (Seventy-third Amendment) Act, 1992, which is inconsistent with\nthe provisions of this Part, shall continue to be in force until amended or\nrepealed by a competent Legislature or other competent authority or until the\nexpiration of one year from such commencement, whichever is earlier:\n Provided that all the Panchayats existing immediately before such\ncommencement shall continue till the expiration of their duration, unless sooner\ndissolved by a resolution passed to that effect by the Legislative Assembly of\nthat State or, in the case of a State having a Legislative Council, by each House\nof the Legislature of that State.",
"footnote": "",
"is_definition": false,
"sort_order": 2450
},
{
"number": "243-O",
"title": "Article 243-O. Bar to interference by courts in electoral matters.",
"chapter": null,
"content": "Notwithstanding anything in this Constitution,—\n (a) the validity of any law relating to the delimitation of\n constituencies or the allotment of seats to such constituencies, made or\n purporting to be made under article 243K, shall not be called in question\n in any court;\n (b)no election to any Panchayat shall be called in question except by\n an election petition presented to such authority and in such manner as is\n provided for by or under any law made by the Legislature of a State.\n 1[PART IXA\n THE MUNICIPALITIES",
"footnote": "",
"is_definition": false,
"sort_order": 2460
},
{
"number": "243P",
"title": "Article 243P. Definitions.",
"chapter": null,
"content": "In this Part, unless the context otherwise\nrequires,—\n (a) “Committee” means a Committee constituted under article 243S;\n (b) “district” means a district in a State;\n (c) “Metropolitan area” means an area having a population of ten\n lakhs or more, comprised in one or more districts and consisting of two\n or more Municipalities or Panchayats or other contiguous areas,\n specified by the Governor by public notification to be a Metropolitan\n area for the purposes of this Part;\n (d) “Municipal area” means the territorial area of a Municipality as is\n notified by the Governor;\n (e) “Municipality” means an institution of self-government\n constituted under article 243Q;\n (f) “Panchayat” means a Panchayat constituted under article 243B;\n (g) “population” means the population as ascertained at the last\n preceding census of which the relevant figures have been published.",
"footnote": "",
"is_definition": false,
"sort_order": 2470
},
{
"number": "243Q",
"title": "Article 243Q. Constitution of Municipalities.",
"chapter": null,
"content": "(1) There shall be constituted\nin every State,—\n (a) a Nagar Panchayat (by whatever name called) for a transitional\n area, that is to say, an area in transition from a rural area to an urban\n area;\n (b) a Municipal Council for a smaller urban area; and\n (c) a Municipal Corporation for a larger urban area,\nin accordance with the provisions of this Part:\n128 THE CONSTITUTION OF INDIA\n\n Provided that a Municipality under this clause may not be constituted in\nsuch urban area or part thereof as the Governor may, having regard to the size\nof the area and the municipal services being provided or proposed to be\nprovided by an industrial establishment in that area and such other factors as he\nmay deem fit, by public notification, specify to be an industrial township.\n (2) In this article, “a transitional area”, “a smaller urban area” or “a\nlarger urban area” means such area as the Governor may, having regard to the\npopulation of the area, the density of the population therein, the revenue\ngenerated for local administration, the percentage of employment in non-\nagricultural activities, the economic importance or such other factors as he may\ndeem fit, specify by public notification for the purposes of this Part.",
"footnote": "",
"is_definition": false,
"sort_order": 2480
},
{
"number": "243R",
"title": "Article 243R. Composition of Municipalities.",
"chapter": null,
"content": "(1) Save as provided in\nclause (2), all the seats in a Municipality shall be filled by persons chosen by\ndirect election from the territorial constituencies in the Municipal area and for\nthis purpose each Municipal area shall be divided into territorial constituencies\nto be known as wards.\n (2) The Legislature of a State may, by law, provide—\n (a) for the representation in a Municipality of—\n (i) persons having special knowledge or experience in\n Municipal administration;\n (ii) the members of the House of the People and the members\n of the Legislative Assembly of the State representing\n constituencies which comprise wholly or partly the Municipal\n area;\n (iii) the members of the Council of States and the members of\n the Legislative Council of the State registered as electors within\n the Municipal area;\n (iv) the Chairpersons of the Committees constituted under\n clause (5) of article 243S:\n Provided that the persons referred to in paragraph (i) shall not\n have the right to vote in the meetings of the Municipality;\n (b) the manner of election of the Chairperson of a Municipality.\n129 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 2490
},
{
"number": "243S",
"title": "Article 243S. Constitution and composition of Wards Committees, etc.",
"chapter": null,
"content": "(1)\nThere shall be constituted Wards Committees, consisting of one or more wards,\nwithin the territorial area of a Municipality having a population of three lakhs\nor more.\n (2) The Legislature of a State may, by law, make provision with respect\nto—\n (a) the composition and the territorial area of a Wards Committee;\n (b) the manner in which the seats in a Wards Committee shall be\n filled.\n (3) A member of a Municipality representing a ward within the territorial\narea of the Wards Committee shall be a member of that Committee.\n (4) Where a Wards Committee consists of—\n (a) one ward, the member representing that ward in the Municipality;\n or\n (b) two or more wards, one of the members representing such wards\n in the Municipality elected by the members of the Wards Committee,\nshall be the Chairperson of that Committee.\n (5) Nothing in this article shall be deemed to prevent the Legislature of a\nState from making any provision for the constitution of Committees in addition\nto the Wards Committees.",
"footnote": "",
"is_definition": false,
"sort_order": 2500
},
{
"number": "243T",
"title": "Article 243T. Reservation of seats.",
"chapter": null,
"content": "(1) Seats shall be reserved for the\nScheduled Castes and the Scheduled Tribes in every Municipality and the\nnumber of seats so reserved shall bear, as nearly as may be, the same\nproportion to the total number of seats to be filled by direct election in that\nMunicipality as the population of the Scheduled Castes in the Municipal area or\nof the Scheduled Tribes in the Municipal area bears to the total population of\nthat area and such seats may be allotted by rotation to different constituencies\nin a Municipality.\n (2) Not less than one-third of the total number of seats reserved under\nclause (1) shall be reserved for women belonging to the Scheduled Castes or, as\nthe case may be, the Scheduled Tribes.\n130 THE CONSTITUTION OF INDIA\n\n (3) Not less than one-third (including the number of seats reserved for\nwomen belonging to the Scheduled Castes and the Scheduled Tribes) of the\ntotal number of seats to be filled by direct election in every Municipality shall\nbe reserved for women and such seats may be allotted by rotation to different\nconstituencies in a Municipality.\n (4) The offices of Chairpersons in the Municipalities shall be reserved\nfor the Scheduled Castes, the Scheduled Tribes and women in such manner as\nthe Legislature of a State may, by law, provide.\n (5) The reservation of seats under clauses (1) and (2) and the reservation of\noffices of Chairpersons (other than the reservation for women) under clause (4)\nshall cease to have effect on the expiration of the period specified in article 334.\n (6) Nothing in this Part shall prevent the Legislature of a State from\nmaking any provision for reservation of seats in any Municipality or offices of\nChairpersons in the Municipalities in favour of backward class of citizens.",
"footnote": "",
"is_definition": false,
"sort_order": 2510
},
{
"number": "243U",
"title": "Article 243U. Duration of Municipalities, etc.",
"chapter": null,
"content": "(1) Every Municipality, unless\nsooner dissolved under any law for the time being in force, shall continue for\nfive years from the date appointed for its first meeting and no longer:\n Provided that a Municipality shall be given a reasonable opportunity of\nbeing heard before its dissolution.\n (2) No amendment of any law for the time being in force shall have the\neffect of causing dissolution of a Municipality at any level, which is\nfunctioning immediately before such amendment, till the expiration of its\nduration specified in clause (1).\n (3) An election to constitute a Municipality shall be completed,—\n (a) before the expiry of its duration specified in clause (1);\n (b) before the expiration of a period of six months from the date of its\n dissolution:\n Provided that where the remainder of the period for which the dissolved\nMunicipality would have continued is less than six months, it shall not be\nnecessary to hold any election under this clause for constituting the\nMunicipality for such period.\n (4) A Municipality constituted upon the dissolution of a Municipality\nbefore the expiration of its duration shall continue only for the remainder of the\nperiod for which the dissolved Municipality would have continued under\nclause (1) had it not been so dissolved.\n131 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 2520
},
{
"number": "243V",
"title": "Article 243V. Disqualifications for membership.",
"chapter": null,
"content": "(1) A person shall be\ndisqualified for being chosen as, and for being, a member of a Municipality—\n (a) if he is so disqualified by or under any law for the time being in force\n for the purposes of elections to the Legislature of the State concerned:\n Provided that no person shall be disqualified on the ground that he is\n less than twenty-five years of age, if he has attained the age of\n twenty-one years;\n (b) if he is so disqualified by or under any law made by the\n Legislature of the State.\n (2) If any question arises as to whether a member of a Municipality has\nbecome subject to any of the disqualifications mentioned in clause (1), the\nquestion shall be referred for the decision of such authority and in such manner\nas the Legislature of a State may, by law, provide.",
"footnote": "",
"is_definition": false,
"sort_order": 2530
},
{
"number": "243W",
"title": "Article 243W. Powers, authority and responsibilities of Municipalities, etc.",
"chapter": null,
"content": "Subject to the provisions of this Constitution, the Legislature of a State\nmay, by law, endow—\n (a) the Municipalities with such powers and authority as may be\n necessary to enable them to function as institutions of self-government\n and such law may contain provisions for the devolution of powers and\n responsibilities upon Municipalities, subject to such conditions as may\n be specified therein, with respect to—\n (i) the preparation of plans for economic development and social\n justice;\n (ii) the performance of functions and the implementation of\n schemes as may be entrusted to them including those in relation to\n the matters listed in the Twelfth Schedule;\n (b) the Committees with such powers and authority as may be\n necessary to enable them to carry out the responsibilities conferred upon\n them including those in relation to the matters listed in the Twelfth\n Schedule.",
"footnote": "",
"is_definition": false,
"sort_order": 2540
},
{
"number": "243X",
"title": "Article 243X. Power to impose taxes by, and Funds of, the Municipalities.",
"chapter": null,
"content": "The Legislature of a State may, by law,—\n (a) authorise a Municipality to levy, collect and appropriate such\n taxes, duties, tolls and fees in accordance with such procedure and\n subject to such limits;\n132 THE CONSTITUTION OF INDIA\n\n (b) assign to a Municipality such taxes, duties, tolls and fees levied\n and collected by the State Government for such purposes and subject to\n such conditions and limits;\n (c) provide for making such grants-in-aid to the Municipalities from\n the Consolidated Fund of the State; and\n (d) provide for constitution of such Funds for crediting all moneys\n received, respectively, by or on behalf of the Municipalities and also for\n the withdrawal of such moneys therefrom,\nas may be specified in the law.",
"footnote": "",
"is_definition": false,
"sort_order": 2550
},
{
"number": "243Y",
"title": "Article 243Y. Finance Commission.",
"chapter": null,
"content": "(1) The Finance Commission constituted\nunder article 243I shall also review the financial position of the Municipalities\nand make recommendations to the Governor as to—\n (a) the principles which should govern—\n (i) the distribution between the State and the Municipalities of\n the net proceeds of the taxes, duties, tolls and fees leviable by the\n State, which may be divided between them under this Part and the\n allocation between the Municipalities at all levels of their respective\n shares of such proceeds;\n (ii) the determination of the taxes, duties, tolls and fees which\n may be assigned to, or appropriated by, the Municipalities;\n (iii) the grants-in-aid to the Municipalities from the\n Consolidated Fund of the State;\n (b) the measures needed to improve the financial position of the\n Municipalities;\n (c) any other matter referred to the Finance Commission by the\n Governor in the interests of sound finance of the Municipalities.\n (2) The Governor shall cause every recommendation made by the\nCommission under this article together with an explanatory memorandum as to\nthe action taken thereon to be laid before the Legislature of the State.",
"footnote": "",
"is_definition": false,
"sort_order": 2560
},
{
"number": "243Z",
"title": "Article 243Z. Audit of accounts of Municipalities.",
"chapter": null,
"content": "The Legislature of a State\nmay, by law, make provisions with respect to the maintenance of accounts by\nthe Municipalities and the auditing of such accounts.\n133 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 2570
},
{
"number": "243ZA",
"title": "Article 243ZA. Elections to the Municipalities.",
"chapter": null,
"content": "(1) The superintendence,\ndirection and control of the preparation of electoral rolls for, and the conduct\nof, all elections to the Municipalities shall be vested in the State Election\nCommission referred to in article 243K.\n (2) Subject to the provisions of this Constitution, the Legislature of a\nState may, by law, make provision with respect to all matters relating to, or in\nconnection with, elections to the Municipalities.",
"footnote": "",
"is_definition": false,
"sort_order": 2580
},
{
"number": "243ZB",
"title": "Article 243ZB. Application to Union territories.",
"chapter": null,
"content": "The provisions of this Part\nshall apply to the Union territories and shall, in their application to a Union\nterritory, have effect as if the references to the Governor of a State were\nreferences to the Administrator of the Union territory appointed under\narticle 239 and references to the Legislature or the Legislative Assembly of a\nState were references in relation to a Union territory having a Legislative\nAssembly, to that Legislative Assembly:\n Provided that the President may, by public notification, direct that the\nprovisions of this Part shall apply to any Union territory or part thereof subject\nto such exceptions and modifications as he may specify in the notification.",
"footnote": "",
"is_definition": false,
"sort_order": 2590
},
{
"number": "243ZC",
"title": "Article 243ZC. Part not to apply to certain areas.",
"chapter": null,
"content": "(1) Nothing in this Part\nshall apply to the Scheduled Areas referred to in clause (1), and the tribal areas\nreferred to in clause (2) of article 244.\n (2) Nothing in this Part shall be construed to affect the functions and\npowers of the Darjeeling Gorkha Hill Council constituted under any law for the\ntime being in force for the hill areas of the district of Darjeeling in the State of\nWest Bengal.\n (3) Notwithstanding anything in this Constitution, Parliament may, by\nlaw, extend the provisions of this Part to the Scheduled Areas and the tribal\nareas referred to in clause (1) subject to such exceptions and modifications as\nmay be specified in such law, and no such law shall be deemed to be an\namendment of this Constitution for the purposes of article 368.",
"footnote": "",
"is_definition": false,
"sort_order": 2600
},
{
"number": "243ZD",
"title": "Article 243ZD. Committee for district planning.",
"chapter": null,
"content": "(1) There shall be\nconstituted in every State at the district level a District Planning Committee to\nconsolidate the plans prepared by the Panchayats and the Municipalities in the\ndistrict and to prepare a draft development plan for the district as a whole.\n (2) The Legislature of a State may, by law, make provision with respect\nto—\n134 THE CONSTITUTION OF INDIA\n\n (a) the composition of the District Planning Committees;\n (b) the manner in which the seats in such Committees shall be\n filled:\n Provided that not less than four-fifths of the total number of\n members of such Committee shall be elected by, and from amongst, the\n elected members of the Panchayat at the district level and of the\n Municipalities in the district in proportion to the ratio between the\n population of the rural areas and of the urban areas in the district;\n (c) the functions relating to district planning which may be\n assigned to such Committees;\n (d) the manner in which the Chairpersons of such Committees\n shall be chosen.\n (3) Every District Planning Committee shall, in preparing the draft\ndevelopment plan,—\n (a) have regard to—\n (i) matters of common interest between the Panchayats and\n the Municipalities including spatial planning, sharing of water and\n other physical and natural resources, the integrated development\n of infrastructure and environmental conservation;\n (ii) the extent and type of available resources whether\n financial or otherwise;\n (b) consult such institutions and organisations as the Governor\n may, by order, specify.\n (4) The Chairperson of every District Planning Committee shall forward",
"footnote": "",
"is_definition": false,
"sort_order": 2610
},
{
"number": "243ZE",
"title": "Article 243ZE. Committee for Metropolitan planning.",
"chapter": null,
"content": "(1) There shall be\nconstituted in every Metropolitan area a Metropolitan Planning Committee to\nprepare a draft development plan for the Metropolitan area as a whole.\n (2) The Legislature of a State may, by law, make provision with respect to—\n (a) the composition of the Metropolitan Planning Committees;\n (b) the manner in which the seats in such Committees shall be filled:\n135 THE CONSTITUTION OF INDIA\n\n Provided that not less than two-thirds of the members of such\n Committee shall be elected by, and from amongst, the elected members\n of the Municipalities and Chairpersons of the Panchayats in the\n Metropolitan area in proportion to the ratio between the population of\n the Municipalities and of the Panchayats in that area;\n (c) the representation in such Committees of the Government of\n India and the Government of the State and of such organisations and\n institutions as may be deemed necessary for carrying out the functions\n assigned to such Committees;\n (d) the functions relating to planning and coordination for the\n Metropolitan area which may be assigned to such Committees;\n (e) the manner in which the Chairpersons of such Committees\n shall be chosen.\n (3) Every Metropolitan Planning Committee shall, in preparing the draft\ndevelopment plan,—\n (a) have regard to—\n (i) the plans prepared by the Municipalities and the\n Panchayats in the Metropolitan area;\n (ii) matters of common interest between the Municipalities\n and the Panchayats, including coordinated spatial planning of the\n area, sharing of water and other physical and natural resources,\n the integrated development of infrastructure and environmental\n conservation;\n (iii) the overall objectives and priorities set by the\n Government of India and the Government of the State;\n (iv) the extent and nature of investments likely to be made\n in the Metropolitan area by agencies of the Government of India\n and of the Government of the State and other available resources\n whether financial or otherwise;\n (b) consult such institutions and organisations as the Governor\n may, by order, specify.\n (4) The Chairperson of every Metropolitan Planning Committee shall\nforward the development plan, as recommended by such Committee, to the\nGovernment of the State.\n136 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 2620
},
{
"number": "243ZF",
"title": "Article 243ZF. Continuance of existing laws and Municipalities.",
"chapter": null,
"content": "Notwithstanding anything in this Part, any provision of any law relating to\nMunicipalities in force in a State immediately before the commencement of the\nConstitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent\nwith the provisions of this Part, shall continue to be in force until amended or\nrepealed by a competent Legislature or other competent authority or until the\nexpiration of one year from such commencement, whichever is earlier:\n Provided that all the Municipalities existing immediately before such\ncommencement shall continue till the expiration of their duration, unless sooner\ndissolved by a resolution passed to that effect by the Legislative Assembly of\nthat State or, in the case of a State having a Legislative Council, by each House\nof the Legislature of that State.",
"footnote": "",
"is_definition": false,
"sort_order": 2630
},
{
"number": "243ZG",
"title": "Article 243ZG. Bar to interference by courts in electoral matters.",
"chapter": null,
"content": "Notwithstanding anything in this Constitution,—\n (a) the validity of any law relating to the delimitation of\n constituencies or the allotment of seats to such constituencies, made or\n purporting to be made under article 243ZA shall not be called in\n question in any court;\n (b) no election to any Municipality shall be called in question\n except by an election petition presented to such authority and in such\n manner as is provided for by or under any law made by the Legislature\n of a State.]",
"footnote": "",
"is_definition": false,
"sort_order": 2640
},
{
"number": "266",
"title": "PART IXB - THE CO-OPERATIVE SOCIETIES",
"chapter": "PART IXB",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2650
},
{
"number": "243ZH",
"title": "Article 243ZH. Definitions.",
"chapter": null,
"content": "In this Part, unless the context otherwise\nrequires,—\n (a) “authorised person” means a person referred to as such in article\n 243ZQ;\n (b) “board” means the board of directors or the governing body of a\n co-operative society, by whatever name called, to which the direction\n and control of the management of the affairs of a society is entrusted to;\n (c) “co-operative society” means a society registered or deemed to be\n registered under any law relating to co-operative societies for the time\n being in force in any State;\n (d) “multi-State co-operative society” means a society with objects\n not confined to one State and registered or deemed to be registered under\n any law for the time being in force relating to such co-operatives;\n (e) “officebearer” means a President, Vice-President, Chairperson,\n Vice-Chairperson, Secretary or Treasurer,of a co-operative society and\n includes any other person to be elected by the board of any co-operative\n society;\n (f) “Registrar” means the Central Registrar appointed by the Central\n Government in relation to the multi-State co-operative societies and the\n Registrar for co-operative societies appointed by the State Government\n under the law made by the Legislature of a State in relation to\n co-operative societies;\n (g) “State Act” means any law made by the Legislature of a State;\n (h) “State level co-operative society” means a co-operative society\n having its area of operation extending to the whole of a State and defined\n as such in any law made by the Legislature of a State.",
"footnote": "",
"is_definition": false,
"sort_order": 2660
},
{
"number": "243Z-I",
"title": "Article 243Z-I. Incorporation of co-operative societies.",
"chapter": null,
"content": "operative societies. —Subject to the\nprovisions of this Part, the Legislature of a State may, by law, make provisions\nwith respect to the incorporation, regulation and winding up of co-operative\nsocieties based on the principles of voluntary formation, democratic\nmember-control, member-economic participation and autonomous functioning.\n138 THE CONSTITUTION OF INDIA\n (PartIXB.—Co-operative Societies)",
"footnote": "",
"is_definition": false,
"sort_order": 2670
},
{
"number": "243ZJ",
"title": "Article 243ZJ. Number and term of members of board and its office bearers.",
"chapter": null,
"content": "(1) The board shall consist of such number of directors as may be\nprovided by the Legislature of a State, by law:\n Provided that the maximum number of directors of a co-operative\nsociety shall not exceed twenty-one:\n Provided further that the Legislature of a State shall, by law, provide for\nthe reservation of one seat for the Scheduled Castes or the Scheduled Tribes\nand two seats for women on board of every co-operative society consisting of\nindividuals as members and having members from such class of category of\npersons.\n (2) The term of office of elected members of the board and its office\nbearers shall be five years from the date of election and the term of office\nbearers shall be conterminouswith the term of the board:\n Provided that the board may fill a casual vacancy on the board by\nnomination out of the same class of members in respect of which the casual\nvacancy has arisen, if the term of office of the board is less than half of its\noriginal term.\n (3) The Legislature of a State shall, by law, make provisions for\nco-option of persons to be members of the board having experience in the field\nof banking, management, finance or specialisation in any other field relating to\nthe objectsand activities undertaken by the co-operative society, as members of\nthe board of such society:\n Provided that the number of such co-opted members shall not exceed\ntwo in addition to twenty-one directors specified in the first proviso to\nclause (1):\n Provided further that such co-opted members shall not have the right to\nvote in any election of the co-operative society in their capacity as such\nmember or to be eligible to be elected as office bearers of the board:\n Provided also that the functional directors of a co-operative society shall\nalso be the members of the board and such members shall be excluded for the\npurpose of counting the total number of directors specified in the first proviso\nto clause (1).\n139 THE CONSTITUTION OF INDIA\n (PartIXB.—Co-operative Societies)",
"footnote": "",
"is_definition": false,
"sort_order": 2680
},
{
"number": "243ZK",
"title": "Article 243ZK. Election of members of board.",
"chapter": null,
"content": "(1) Notwithstanding anything\ncontained in any law made by the Legislature of a State, the election of a board\nshall be conducted before the expiry of theterm of the board so as to ensure\nthat the newly elected members of the board assume office immediately on the\nexpiry of the office of members of the outgoing board.\n (2) The superintendence, direction and control of the preparation of\nelectoral rolls for, and the conduct of, all elections to a co-operative society\nshall vest in such an authority or body, as may be provided by the Legislature\nof a State, by law:\n Provided that the Legislature of a State may, by law, provide for the\nprocedure and guidelines for the conduct of such elections.",
"footnote": "",
"is_definition": false,
"sort_order": 2690
},
{
"number": "243ZL",
"title": "Article 243ZL. Supersession and suspension of board and interim management.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in any law for the\ntime being in force, no board shall be superseded or kept under suspension for a\nperiod exceeding six months:\n Provided that the board may be superseded or kept under suspension in a\ncase—\n (i) of its persistent default; or\n (ii) of negligence in the performance of its duties; or\n (iii) the board has committed any act prejudicial to the interests of\n the co-operative society or its members;or\n (iv) there isstalemate in the constitution or functions of the board;\n or\n (v) the authority or body as provided by the Legislature of a State,\n by law, under clause (2) of article 243ZK, has failed to conduct\n elections in accordance with the provisions of the State Act:\n Provided further that the board of any such co-operative society shall not\nbe superseded or kept under suspension where there is no Government\nshareholding or loan or financial assistance or any guarantee by the\nGovernment:\n Provided also that in case of a co-operative society carrying on the\nbusiness of banking, the provisions of the Banking Regulation Act, 1949\n(10 of 1949)shall also apply:\n140 THE CONSTITUTION OF INDIA\n (PartIXB.—Co-operative Societies)\n\n Provided also that in case of a co-operative society, other than a\nmulti-State co-operative society, carrying on the business of banking, the\nprovisions of this clause shall have the effect as if for the words “six months”,\nthe words “one year” had been substituted.\n (2) In case of supersession of a board, the administrator appointed to\nmanage the affairs of such co-operative society shall arrange for conduct of\nelections within the period specified in clause (1) and handover the\nmanagement to the elected board.\n (3) The Legislature of a State may, by law, make provisions for the\nconditions of service of the administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 2700
},
{
"number": "243ZM",
"title": "Article 243ZM. Audit of accounts of co-operative societies.",
"chapter": null,
"content": "operative societies .—(1) The\nLegislature of a State may, by law, make provisions with respect to the\nmaintenance of accounts by the co-operative societies and the auditing of such\naccounts at least once in each financial year.\n (2) The Legislature of a State shall, by law, lay down the minimum\nqualifications and experience of auditors and auditing firms that shall be\neligible for auditing accounts of the co-operative societies.\n (3) Every co-operative society shall cause to be audited by an auditor or\nauditing firms referred to in clause (2) appointed by the general body of the\nco-operative society:\n Provided that such auditors or auditing firms shall be appointed from a\npanel approved by a State Government or an authority authorised by the State\nGovernment in this behalf.\n (4) The accounts of every co-operative society shall be audited within\nsix months of the close of the financial year to which such accounts relate.\n (5) The audit report of the accounts of an apex co-operative society, as\nmay be defined by the State Act, shall be laid before the State Legislature in the\nmanner, as may be provided by the State Legislature, by law.",
"footnote": "",
"is_definition": false,
"sort_order": 2710
},
{
"number": "243ZN",
"title": "Article 243ZN. Convening of general body meetings.",
"chapter": null,
"content": "The Legislature of a\nState may, by law, make provisions that the annual general body meeting of\nevery co-operative society shall be convened within a period of six months of\nclose of the financial year to transact the business as may be provided in such\nlaw.\n141 THE CONSTITUTION OF INDIA\n (PartIXB.—Co-operative Societies)",
"footnote": "",
"is_definition": false,
"sort_order": 2720
},
{
"number": "243Z-O",
"title": "Article 243Z-O. Right of a member to get information.",
"chapter": null,
"content": "(1) The Legislature\nof a State may, by law, provide for access to every member of a co-operative\nsociety to the books, information and accounts of the co-operative society kept\nin regular transaction of its business with such member.\n (2) The Legislature of a State may, by law, make provisions to ensure\nthe participation of members inthe management of the co-operative society\nproviding minimum requirement of attending meetings by the members and\nutilising the minimum level of services as may be provided in such law.\n (3) The Legislature of a State may, by law, provide for co-operative\neducation and training for its members.",
"footnote": "",
"is_definition": false,
"sort_order": 2730
},
{
"number": "243ZP",
"title": "Article 243ZP. Returns.",
"chapter": null,
"content": "Every co-operative society shall file returns, within\nsix months of the close of every financial year, to the authority designated by\nthe State Government including the following matters, namely:—\n (a) annual report of its activities;\n (b) its audited statement of accounts;\n (c) plan for surplus disposal as approved by the general body of the\n co-operative society;\n (d) list of amendments to the bye-laws of the co-operative society, if\n any;\n (e) declaration regarding date of holding of its general body meeting\n and conduct of elections when due; and\n (f) any other information required by the Registrar in pursuance of\n any of the provisions of the State Act.",
"footnote": "",
"is_definition": false,
"sort_order": 2740
},
{
"number": "243ZQ",
"title": "Article 243ZQ. Offences and penalties.",
"chapter": null,
"content": "(1) The Legislature of a State may,\nby law, make provisions for the offences relating to the co-operative societies\nand penalties for such offences.\n (2) A law made by the Legislature of a State under clause (1) shall\ninclude the commission of the following act or omission as offences, namely:—\n (a) a co-operative society or an officer or member thereof wilfully\n makes a false return or furnishes false information, or any person\n wilfully not furnishes any information required from him by a person\n authorised in this behalf under the provisions of the State Act;\n142 THE CONSTITUTION OF INDIA\n (PartIXB.—Co-operative Societies)\n\n (b) any person wilfully or without any reasonable excuse disobeys\n any summons, requisition or lawful written order issued under the\n provisions of the State Act;\n (c) any employer who, without sufficient cause, fails to pay to a\n co-operative society amount deducted by him from its employee within a\n period of fourteen days from the date on which such deduction is made;\n (d) any officer or custodian who wilfully fails to handover custody of\n books, accounts, documents, records, cash, security and other property\n belongingto a co-operative society of which he is an officer or\n custodian, to an authorised person; and\n (e) whoever, before, during or after the election of members of the\n board or office bearers, adopts any corrupt practice.",
"footnote": "",
"is_definition": false,
"sort_order": 2750
},
{
"number": "243ZR",
"title": "Article 243ZR. Application to multi-State co-operative societies.",
"chapter": null,
"content": "State co-operative societies .—The\nprovisions of this Part shall apply to the multi-State co-operative societies\nsubject to the modification that any reference to “Legislature of a State”, “State\nAct” or “State Government” shall be construed as a reference to “Parliament”,\n“Central Act” or “the Central Government” respectively.",
"footnote": "",
"is_definition": false,
"sort_order": 2760
},
{
"number": "243ZS",
"title": "Article 243ZS. Application to Union territories.",
"chapter": null,
"content": "The provisions of this Part\nshall apply to the Union territories and shall, in their application to a Union\nterritory, having no Legislative Assembly as if the references to the Legislature\nof a State were a reference to the administrator thereof appointed under\narticle 239 and, in relation to a Union territory having a Legislative Assembly,\nto that Legislative Assembly:\n Provided that the President may, by notification in the Official Gazette,\ndirect that the provisions of this Part shall not apply to any Union territory or\npart thereof as he may specify in the notification.\nthis Part, any provision of any law relating to co-operative societies in force in",
"footnote": "",
"is_definition": false,
"sort_order": 2770
},
{
"number": "243ZT",
"title": "Article 243ZT. Continuance of existing laws.",
"chapter": null,
"content": "Notwithstanding anything in\n\na State immediately before the commencement of the Constitution\n(Ninety-seventh Amendment) Act, 2011, which is inconsistent with the\nprovisions of this Part, shall continue to be in force until amended or repealed\nby a competent Legislature or other competent authority or until the expiration\nof one year from such commencement, whichever is less.]",
"footnote": "",
"is_definition": false,
"sort_order": 2780
},
{
"number": "280",
"title": "PART X - THE SCHEDULED AND TRIBAL AREAS",
"chapter": "PART X",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2790
},
{
"number": "244",
"title": "Article 244. Administration of Scheduled Areas and Tribal Areas.",
"chapter": null,
"content": "(1) The\nprovisions of the Fifth Schedule shall apply to the administration and control of\nthe Scheduled Areas and Scheduled Tribes in any State 1***other than 2[the\nStates of Assam, 3[, 4[Meghalaya, Tripura and Mizoram]]].\n (2) The provisions of the Sixth Schedule shall apply to the\nadministration of the tribal areas in 2[the States of Assam, 3[, 5[Meghalaya,\nTripura and Mizoram]]].",
"footnote": "",
"is_definition": false,
"sort_order": 2800
},
{
"number": "244A",
"title": "Article 244A. Formation of an autonomous State comprising certain tribal.",
"chapter": null,
"content": "areas in Assam and creation of local Legislature or Council of Ministers or\nboth therefor .—(1) Notwithstanding anything in this Constitution, Parliament\nmay, by law, form within the State of Assam an autonomous State comprising\n(whether wholly or in part) all or any of the tribal areas specified in 7[Part I]of\nthe table appended to paragraph 20 of the Sixth Schedule and create therefor—\n (a) a body, whether elected or partly nominated and partly\n elected, to function as a Legislature for the autonomous State, or\n (b) a Council of Ministers,\nor both with such constitution, powers and functions, in each case, as may be\nspecified in the law.\n (2) Any such law as is referred to in clause (1) may, in particular,—\n144 THE CONSTITUTION OF INDIA\n\n (a) specify the matters enumerated in the State List or the\n Concurrent List with respect to which the Legislature of the autonomous\n State shall have power to make laws for the whole or any part thereof,\n whether to the exclusion of the Legislature of the State of Assam or\n otherwise;\n (b) define the matters with respect to which the executive power\n of the autonomous State shall extend;\n (c) provide that any tax levied by the State of Assam shall be\n assigned to the autonomous State in so far as the proceeds thereof are\n attributable to the autonomous State;\n (d) provide that any reference to a State in any article of this\n Constitution shall be construed as including a reference to the\n autonomous State; and\n (e) make such supplemental, incidental and consequential\n provisions as may be deemed necessary.\n (3) An amendment of any such law as aforesaid in so far as such\namendment relates to any of the matters specified in sub-clause ( a) or\nsub-clause ( b) of clause (2) shall have no effect unless the amendment is passed\nin each House of Parliament by not less than two-thirds of the members present\nand voting.\n (4) Any such law as is referred to in this article shall not be deemed to\nbe an amendment of this Constitution for the purposes of article 368\nnotwithstanding that it contains any provision which amends or has the effect\nof amending this Constitution.]",
"footnote": "",
"is_definition": false,
"sort_order": 2810
},
{
"number": "283",
"title": "PART XI - RELATIONS BETWEEN THE UNION AND THE",
"chapter": "PART XI",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2820
},
{
"number": "284",
"title": "CHAPTER I - LEGISLATIVE RELATIONS",
"chapter": "CHAPTER I",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2830
},
{
"number": "245",
"title": "Article 245. Extent of laws made by Parliament and by the Legislatures of.",
"chapter": null,
"content": "(1) Subject to the provisions of this Constitution, Parliament may\nmake laws for the whole or any part of the territory of India, and the\nLegislature of a State may make laws for the whole or any part of the State.\n (2) No law made by Parliament shall be deemed to be invalid on the\nground that it would have extra-territorial operation.",
"footnote": "",
"is_definition": false,
"sort_order": 2840
},
{
"number": "246",
"title": "Article 246. Subject-matter of laws made by Parliament and by the.",
"chapter": null,
"content": "matter of laws made by Parliament and by the\nLegislatures of States. —(1) Notwithstanding anything in clauses (2) and (3),\nParliament has exclusive power to make laws with respect to any of the matters\nenumerated in List I in the Seventh Schedule (in this Constitution referred to as\nthe “Union List”).\n (2) Notwithstanding anything in clause (3), Parliament, and, subject to\nclause (1), the Legislature of any State 1*** also, have power to make laws\nwith respect to any of the matters enumerated in List III in the Seventh\nSchedule (in this Constitution referred to as the “Concurrent List”).\n (3) Subject to clauses (1) and (2), the Legislature of any State 1***has\nexclusive power to make laws for such State or any part thereof with respect to\nany of the matters enumerated in List II in the Seventh Schedule (in this\nConstitution referred to as the “State List”).\n (4) Parliament has power to make laws with respect to any matter for\nany part of the territory of India not included 2[in a State]notwithstanding that\nsuch matter is a matter enumerated in the State List.",
"footnote": "",
"is_definition": false,
"sort_order": 2850
},
{
"number": "246A",
"title": "Article 246A. Special provision with respect to goods and services tax.",
"chapter": null,
"content": "(1)\nNotwithstanding anything contained in articles 246 and 254, Parliament, and,\nsubject to clause (2), the Legislature of every State, have power to make laws\nwith respect to goods and services tax imposed by the Unionorby such State.\n146 THE CONSTITUTION OF INDIA\n\nand services tax where the supply of goods, or of services, or both takes place (2) Parliament has exclusive power to make laws with respect to goods\nin the course of inter-State trade or commerce.\nand services tax referred to in clause (5) of article 279A, take effect from the Explanation.—The provisions of this article, shall, in respect of goods\ndate recommended by the Goods and Services Tax Council.]\nadditional courts",
"footnote": "",
"is_definition": false,
"sort_order": 2860
},
{
"number": "247",
"title": "Article 247. Power of Parliament to provide for the establishment of certain.",
"chapter": null,
"content": "Notwithstanding anything in this Chapter, Parliament may\nby law provide for the establishment of any additional courts for the better\nadministration of laws made by Parliament or of any existing laws with respect\nto a matter enumerated in the Union List.",
"footnote": "",
"is_definition": false,
"sort_order": 2870
},
{
"number": "248",
"title": "Article 248. Residuary powers of legislation.",
"chapter": null,
"content": "(1) 1[Subject to article 246A,\nParliament] has exclusive power to make any law with respect to any matter\nnot enumerated in the Concurrent List or State List.\ntax not mentioned in either of those Lists.(2) Such power shall include the power of making any law imposing a\n\nState List in the national interest",
"footnote": "",
"is_definition": false,
"sort_order": 2880
},
{
"number": "249",
"title": "Article 249. Power of Parliament to legislate with respect to a matter in the.",
"chapter": null,
"content": "(1) Notwithstanding anything in the\nforegoing provisions of this Chapter, if the Council of States has declared by\nresolution supported by not less than two-thirds of the members present and\nvoting that it is necessary or expedient in the national interest that Parliament\nshould make laws with respect to 2[goods and services tax provided under article\n246A or]any matter enumerated in the State List specified in the resolution, it\nshall be lawful for Parliament to make laws for the whole or any part of the\nterritory of India with respect to that matter while the resolution remains in force.\nperiod not exceeding one year as may be specified therein: (2) A resolution passed under clause (1) shall remain in force for such\n\nin force of any such resolution is passed in the manner provided in clause (1), Provided that, if and so often as a resolution approving the continuance\nsuch resolution shall continue in force for a further period of one year from the\ndate on which under this clause it would otherwise have ceased to be in force.\npassing of a resolution under clause (1) have been competent to make shall, to the (3) A law made by Parliament which Parliament would not but for the\nextent of the incompetency, cease to have effect on the expiration of a period of\nsix months after the resolution has ceased to be in force, except as respects things\ndone or omitted to be done before the expiration of the said period.\n147 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 2890
},
{
"number": "250",
"title": "Article 250. Power of Parliament to legislate with respect to any matter in the.",
"chapter": null,
"content": "the State List if a Proclamation of Emergency is in operation. —(1)\nNotwithstanding anything in this Chapter, Parliament shall, while a\nProclamation of Emergency is in operation, have power to make laws for the\nwhole or any part of the territory of India with respect to 1[goods and services\ntax provided under article 246A or]any of the matters enumerated in the State\nList.\n (2) A law made by Parliament which Parliament would not but for the\nissue of a Proclamation of Emergency have been competent to make shall, to the\nextent of the incompetency, cease to have effect on the expiration of a period of\nsix months after the Proclamation has ceased to operate, except as respects things\ndone or omitted to be done before the expiration of the said period.",
"footnote": "",
"is_definition": false,
"sort_order": 2900
},
{
"number": "251",
"title": "Article 251. Inconsistency between laws made by Parliament under articles.",
"chapter": null,
"content": "249 and 250 and laws made by the Legislatures of States .—Nothing in\narticles 249 and 250 shall restrict the power of the Legislature of a State to\nmake any law which under this Constitution it has power to make, but if any\nprovision of a law made by the Legislature of a State is repugnant to any\nprovision of a law made by Parliament which Parliament has under either of the\nsaid articles power to make, the law made by Parliament, whether passed\nbefore or after the law made by the Legislature of the State, shall prevail, and\nthe law made by the Legislature of the State shall to the extent of the\nrepugnancy, but so long only as the law made by Parliament continues to have\neffect, be inoperative.",
"footnote": "",
"is_definition": false,
"sort_order": 2910
},
{
"number": "252",
"title": "Article 252. Power of Parliament to legislate for two or more States by.",
"chapter": null,
"content": "consent and adoption of such legislation by any other State. —(1) If it\nappears to the Legislatures of two or more States to be desirable that any of the\nmatters with respect to which Parliament has no power to make laws for the\nStates except as provided in articles 249 and 250 should be regulated in such\nStates by Parliament by law, and if resolutions to that effect are passed by all\nthe Houses of the Legislatures of those States, it shall be lawful for Parliament\nto pass an act for regulating that matter accordingly, and any Act so passed\nshall apply to such States and to any other State by which it is adopted\nafterwards by resolution passed in that behalf by the House or, where there are\ntwo Houses, by each of the Houses of the Legislature of that State.\n\n148 THE CONSTITUTION OF INDIA\n\n (2) Any Act so passed by Parliament may be amended or repealed by an\nAct of Parliament passed or adopted in like manner but shall not, as respects\nany State to which it applies, be amended or repealed by an Act of the\nLegislature of that State.",
"footnote": "",
"is_definition": false,
"sort_order": 2920
},
{
"number": "253",
"title": "Article 253. Legislation for giving effect to international agreements.",
"chapter": null,
"content": "Notwithstanding anything in the foregoing provisions of this Chapter,\nParliament has power to make any law for the whole or any part of the territory\nof India for implementing any treaty, agreement or convention with any other\ncountry or countries or any decision made at any international conference,\nassociation or other body.",
"footnote": "",
"is_definition": false,
"sort_order": 2930
},
{
"number": "254",
"title": "Article 254. Inconsistency between laws made by Parliament and laws made.",
"chapter": null,
"content": "(1) If any provision of a law made by the\nLegislature of a State is repugnant to any provision of a law made by\nParliament which Parliament is competent to enact, or to any provision of an\nexisting law with respect to one of the matters enumerated in the Concurrent\nList, then, subject to the provisions of clause (2), the law made by Parliament,\nwhether passed before or after the law made by the Legislature of such State,\nor, as the case may be, the existing law, shall prevail and the law made by the\nLegislature of the State shall, to the extent of the repugnancy, be void.\n (2) Where a law made by the Legislature of a State 1*** with respect to\none of the matters enumerated in the Concurrent List contains any provision\nrepugnant to the provisions of an earlier law made by Parliament or an existing\nlaw with respect to that matter, then, the law so made by the Legislature of such\nState shall, if it has been reserved for the consideration of the President and has\nreceived his assent, prevail in that State:\n Provided that nothing in this clause shall prevent Parliament from\nenacting at any time any law with respect to the same matter including a law\nadding to, amending, varying or repealing the law so made by the Legislature\nof the State.",
"footnote": "",
"is_definition": false,
"sort_order": 2940
},
{
"number": "255",
"title": "Article 255. Requirements as to recommendations and previous sanctions to.",
"chapter": null,
"content": "No Act of Parliament or of the\nLegislature of a State 1***, and no provision in any such Act, shall be invalid\nby reason only that some recommendation or previous sanction required by this\nConstitution was not given, if assent to that Act was given—\n149 THE CONSTITUTION OF INDIA\n\n (a) where the recommendation required was that of the Governor,\n either by the Governor or by the President;\n Rajpramukh, either by the Rajpramukh or by the President; (b) where the recommendation required was that of the\n\n that of the President, by the President.(c) where the recommendation or previous sanction required was",
"footnote": "",
"is_definition": false,
"sort_order": 2950
},
{
"number": "297",
"title": "CHAPTER II - ADMINISTRATIVE RELATIONS",
"chapter": "CHAPTER II",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2960
},
{
"number": "256",
"title": "Article 256. Obligation of States and the Union.",
"chapter": null,
"content": "The executive power of every\nParliament and any existing laws which apply in that State, and the executive\npower of the Union shall extend to the giving of such directions to a State as may\nappear to the Government of India to be necessary for that purpose:\nexecutive power of every State shall be so exercised as not to impede or",
"footnote": "",
"is_definition": false,
"sort_order": 2970
},
{
"number": "257",
"title": "Article 257. Control of the Union over States in certain cases.",
"chapter": null,
"content": "(1) The\nprejudice the exercise of the executive power of the Union, and the executive\npower of the Union shall extend to the giving of such directions to a State as\nmay appear to the Government of India to be necessary for that purpose.\ndirections to a State as to the construction and maintenance of means of (2) The executive power of the Union shall also extend to the giving of\ncommunication declared in the direction to be of national or military\nimportance:\npower of Parliament to declare highways or waterways to be national highways Provided that nothing in this clause shall be taken as restricting the\nor national waterways or the power of the Union with respect to the highways\nor waterways so declared or the power of the Union to construct and maintain\nmeans of communication as part of its functions with respect to naval, military\nand air force works.\ndirections to a State as to the measures to be taken for the protection of the (3) The executive power of the Union shall also extend to the giving of\nrailways within the State.\nas to the construction or maintenance of any means of communication or under (4) Where in carrying out any direction given to a State under clause (2)\nclause (3) as to the measures to be taken for the protection of any railway, costs\nhave been incurred in excess of those which would have been incurred in the\ndischarge of the normal duties of the State if such direction had not been given,\nthere shall be paid by the Government of India to the State such sum as may be\nagreed, or, in default of agreement, as may be determined by an arbitrator\nappointed by the Chief Justice of India, in respect of the extra costs so incurred\nby the State.\n150 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 2980
},
{
"number": "257A",
"title": "Article 257A. Assistance to States by deployment of armed forces or other.",
"chapter": null,
"content": "Omittedby the Constitution (Forty-fourth\nAmendment ) Act, 1978, s. 33 ( w.e.f. 20-6-1979).]",
"footnote": "",
"is_definition": false,
"sort_order": 2990
},
{
"number": "258",
"title": "Article 258. Power of the Union to confer powers, etc., on States in certain.",
"chapter": null,
"content": "(1) Notwithstanding anything in this Constitution, the President may,\nwith the consent of the Government of a State, entrust either conditionally or\nunconditionally to that Government or to its officers functions in relation to any\nmatter to which the executive power of the Union extends.\n (2) A law made by Parliament which applies in any State may,\nnotwithstanding that it relates to a matter with respect to which the Legislature\nof the State has no power to make laws, confer powers and impose duties, or\nauthorise the conferring of powers and the imposition of duties, upon the State\nor officers and authorities thereof.\n (3) Where by virtue of this article powers and duties have been conferred\nor imposed upon a State or officers or authorities thereof, there shall be paid by\nthe Government of India to the State such sum as may be agreed, or, in default\nof agreement, as may be determined by an arbitrator appointed by the Chief\nJustice of India, in respect of any extra costs of administration incurred by the\nState in connection with the exercise of those powers and duties.",
"footnote": "",
"is_definition": false,
"sort_order": 3000
},
{
"number": "258A",
"title": "Article 258A. Power of the States to entrust functions to the Union.",
"chapter": null,
"content": "Notwithstanding anything in this Constitution, the Governor of a State may,\nwith the consent of the Government of India, entrust either conditionally or\nunconditionally to that Government or to its officers functions in relation to any\nmatter to which the executive power of the State extends.]",
"footnote": "",
"is_definition": false,
"sort_order": 3010
},
{
"number": "259",
"title": "Article 259. Armed Forces in States in Part B of the FirstSchedule.",
"chapter": null,
"content": "Omitted by the Constitution (Seventh Amendment) Act, 1956 , s. 29 and Sch.\n(w.e.f. 1-11-1956 ).",
"footnote": "",
"is_definition": false,
"sort_order": 3020
},
{
"number": "260",
"title": "Article 260. Jurisdiction of the Union in relation to territories outside India.",
"chapter": null,
"content": "The Government of India may by agreement with the Government of\nany territory not being part of the territory of India undertake any executive,\nlegislative or judicial functions vested in the Government of such territory, but\nevery such agreement shall be subject to, and governed by, any law relating to\nthe exercise of foreign jurisdiction for the time being in force.\n\n151 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 3030
},
{
"number": "261",
"title": "Article 261. Public acts, records and judicial proceedings.",
"chapter": null,
"content": "(1) Full faith and\ncredit shall be given throughout the territory of India to public acts, records and\njudicial proceedings of the Union and of every State.\n (2) The manner in which and the conditions under which the acts,\nrecords and proceedings referred to in clause (1) shall be proved and the effect\nthereof determined shall be as provided by law made by Parliament.\n (3) Final judgments or orders delivered or passed by civil courts in any\npart of the territory of India shall be capable of execution anywhere within that\nterritory according to law.\n Disputes relating to Waters",
"footnote": "",
"is_definition": false,
"sort_order": 3040
},
{
"number": "262",
"title": "Article 262. Adjudication of disputes relating to waters of inter-State rivers.",
"chapter": null,
"content": "State rivers\nor river valleys. —(1) Parliament may by law provide for the adjudication of\nany dispute or complaint with respect to the use, distribution or control of the\nwaters of, or in, any inter-State river or river valley.\n (2) Notwithstanding anything in this Constitution, Parliament may by\nlaw provide that neither the Supreme Court nor any other court shall exercise\njurisdiction in respect of any such dispute or complaint as is referred to in\nclause (1).\n Co-ordination between States",
"footnote": "",
"is_definition": false,
"sort_order": 3050
},
{
"number": "263",
"title": "Article 263. Provisions with respect to an inter-State Council.",
"chapter": null,
"content": "State Council .—If at any time\nit appears to the President that the public interests would be served by the\nestablishment of a Council charged with the duty of—\n (a) inquiring into and advising upon disputes which may have\n arisen between States;\n (b)investigating and discussing subjects in which some or all of\n the States, or the Union and one or more of the States, have a common\n interest; or\n (c) making recommendations upon any such subject and, in\n particular, recommendations for the better co-ordination of policy and\n action with respect to that subject,\nit shall be lawful for the President by order to establish such a Council, and to\ndefine the nature of the duties to be performed by it and its organisation and\nprocedure.",
"footnote": "",
"is_definition": false,
"sort_order": 3060
},
{
"number": "308",
"title": "PART XII - FINANCE, PROPERTY, CONTRACTS AND SUITS",
"chapter": "PART XII",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3070
},
{
"number": "309",
"title": "CHAPTER I - FINANCE",
"chapter": "CHAPTER I",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3080
},
{
"number": "264",
"title": "Article 264. Interpretation.",
"chapter": null,
"content": "In this Part, “Finance Commission” means a\nFinance Commission constituted under article 280.]",
"footnote": "",
"is_definition": false,
"sort_order": 3090
},
{
"number": "265",
"title": "Article 265. Taxes not to be imposed save by authority of law.",
"chapter": null,
"content": "No tax shall\nbe levied or collected except by authority of law.",
"footnote": "",
"is_definition": false,
"sort_order": 3100
},
{
"number": "266",
"title": "Article 266. Consolidated Funds and public accounts of India and of the.",
"chapter": null,
"content": "(1) Subject to the provisions of article 267 and to the provisions of\nthis Chapter with respect to the assignment of the whole or part of the net\nproceeds of certain taxes and duties to States, all revenues received by the\nGovernment of India, all loans raised by that Government by the issue of\ntreasury bills, loans or ways and means advances and all moneys received by\nthat Government in repayment of loans shall form one consolidated fund to be\nentitled “the Consolidated Fund of India”, and all revenues received by the\nGovernment of a State, all loans raised by that Government by the issue of\ntreasury bills, loans or ways and means advances and all moneys received by\nthat Government in repayment of loans shall form one consolidated fund to be\nentitled “the Consolidated Fund of the State”.\n (2) All other public moneys received by or on behalf of the Government\nof India or the Government of a State shall be credited to the public account of\nIndia or the public account of the State, as the case may be.\n (3) No moneys out of the Consolidated Fund of India or the\nConsolidated Fund of a State shall be appropriated except in accordance with\nlaw and for the purposes and in the manner provided in this Constitution.",
"footnote": "",
"is_definition": false,
"sort_order": 3110
},
{
"number": "267",
"title": "Article 267. Contingency Fund.",
"chapter": null,
"content": "(1) Parliament may by law establish a\nContingency Fund in the nature of an imprest to be entitled “the Contingency\nFund of India” into which shall be paid from time to time such sums as may be\ndetermined by such law, and the said Fund shall be placed at the disposal of the\nPresident to enable advances to be made by him out of such Fund for the\npurposes of meeting unforeseen expenditure pending authorisation of such\nexpenditure by Parliament by law under article 115 or article 116.\n\n153 THE CONSTITUTION OF INDIA\n\n (2) The Legislature of a State may by law establish a Contingency Fund in\nthe nature of an imprest to be entitled “the Contingency Fund of the State” into\nwhich shall be paid from time to time such sums as may be determined by such\nlaw, and the said Fund shall be placed at the disposal of the Governor 1***of the\nState to enable advances to be made by him out of such Fund for the purposes of\nmeeting unforeseen expenditure pending authorisation of such expenditure by the\nLegislature of the State by law under article 205 or article 206.\n Distribution of Revenues between the Union and the States",
"footnote": "",
"is_definition": false,
"sort_order": 3120
},
{
"number": "268",
"title": "Article 268. Duties levied by the Union but collected and appropriated by the.",
"chapter": null,
"content": "(1) Such stamp duties 2*** as are mentioned in the Union List shall\nbe levied by the Government of India but shall be collected—\n (a) in the case where such duties are leviable within any 3[Union\n territory], by the Government of India, and\n (b)in other cases, by the States within which such duties are\n respectively leviable.\n (2) The proceeds in any financial year of any such duty leviable within\nany State shall not form part of the Consolidated Fund of India, but shall be\nassigned to that State.\n\n 4",
"footnote": "",
"is_definition": false,
"sort_order": 3130
},
{
"number": "268A",
"title": "Article 268A. Service tax levied by Union and collected by the Union and the.",
"chapter": null,
"content": "Omittedby the Constitution(One Hundred and\nFirst Amendment) Act, 2016, s. 7(w.e.f. 16-9-2016).\n\n154 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 3140
},
{
"number": "269",
"title": "Article 269. Taxes levied and collected by the Union but assigned to the.",
"chapter": null,
"content": "1[(1) Taxes on the sale or purchase of goods and taxes on the\nconsignment of goods 2[except as provided in article 269A]shall be levied and\ncollected by the Government of India but shall be assigned and shall be deemed\nto have been assigned to the States on or after the 1st day of April, 1996 in the\nmanner provided in clause (2).\n Explanation .—For the purposes of this clause,—\n mean taxes on sale or purchase of goods other than newspapers, where (a) the expression \"taxes on the sale or purchase of goods\" shall\n such sale or purchase takes place in the course of inter-State trade or\n commerce;\n taxes on the consignment of goods (whether the consignment is to the (b) the expression \"taxes on the consignment of goods\" shall mean\n person making it or to any other person), where such consignment takes\n place in the course of inter-State trade or commerce.\nfar as those proceeds represent proceeds attributable to Union territories, shall (2) The net proceeds in any financial year of any such tax, except in so\nnot form part of the Consolidated Fund of India, but shall be assigned to the\nStates within which that tax is leviable in that year, and shall be distributed\namong those States in accordance with such principles of distribution as may be\nformulated by Parliament by law.]\n 3[(3) Parliament may by law formulate principles for determining when a\n4[sale or purchase of, or consignment of goods] takes place in the course of\ninter-State trade or commerce.]",
"footnote": "",
"is_definition": false,
"sort_order": 3150
},
{
"number": "269A",
"title": "Article 269A. Levy and collection of goods and services tax in course of inter-.",
"chapter": null,
"content": "State trade or commerce .— (1) Goods and services tax on supplies in\nthe course of inter-State trade or commerce shall be levied and collected by the\nGovernment of India and such taxshall be apportioned between the Union and\nthe States in the manner as may be provided by Parliament by law on the\nrecommendations of the Goods and Services Tax Council.\n155 THE CONSTITUTION OF INDIA\n\nservices, or both in the course of import into the territory of India shall be Explanation.—For the purposes of this clause, supply of goods, or of\n\ndeemed to be supply of goods, or of services, or both in the course of inter-\nState trade or commerce.\n (2) The amount apportioned to a State under clause (1) shall not form\npart of the Consolidated Fund of India.\n (3) Where an amount collected as tax levied under clause (1) has been\nused for payment of the tax levied by a State under article 246A, such amount\nshall not form part of the Consolidated Fund of India.\n246A has been used for payment of the tax levied under clause (1), such (4) Where an amount collected as tax levied by a State under article\n\namount shall not form part of the Consolidated Fund of the State.\n (5) Parliament may, by law, formulate the principles for determining the\nplace of supply, and when a supply of goods, or of services, or both takes place\nin the course of inter-State trade or commerce.]",
"footnote": "",
"is_definition": false,
"sort_order": 3160
},
{
"number": "270",
"title": "Article 270. Taxes levied and distributed between the Union and the States.",
"chapter": null,
"content": "(1) All taxes and duties referred to in the Union List, except the duties\nand taxes referred to in 2[articles 268,269and269A], respectively, surcharge\non taxes and duties referred to in article 271 and any cess levied for specific\npurposes under any law made by Parliament shall be levied and collected by\nthe Government of India and shall be distributed between the Union and the\nStates in the manner provided in clause (2).\n 3[(1A) The tax collected by the Union under clause (1) of article 246A\nshall also be distributed between the Union and the States in the manner\nprovided in clause (2).\narticle 246A and article 269A, which has been used for payment of the tax (1B) The tax levied and collected by the Union under clause (2) of\n\nlevied by the Union under clause (1) of article 246A, and the amount\napportioned to the Union under clause (1) of article 269A, shall also be\ndistributed between the Union and the States in the manner provided in clause\n(2).]\n156 THE CONSTITUTION OF INDIA\n\n (2) Such percentage, as may be prescribed, of the net proceeds of any\nsuch tax or duty in any financial year shall not form part of the Consolidated\nFund of India, but shall be assigned to the States within which that tax or duty\nis leviable in that year, and shall be distributed among those States in such\nmanner and from such time as may be prescribed in the manner provided in\nclause (3).\n (3) In this article, \"prescribed\" means, —\n (i) until a Finance Commission has been constituted, prescribed by\n the President by order, and\n (ii) after a Finance Commission has been constituted, prescribed by\n the President by order after considering the recommendations of the\n Finance Commission.]",
"footnote": "",
"is_definition": false,
"sort_order": 3170
},
{
"number": "271",
"title": "Article 271. Surcharge on certain duties and taxes for purposes of the Union.",
"chapter": null,
"content": "Notwithstanding anything in articles 269 and 270, Parliament may at\nany time increase any of the duties or taxes referred to in those articles 1[except\nthe goods and services tax under article 246A,]by a surcharge for purposes of\nthe Union and the whole proceeds of any such surcharge shall form part of the\nConsolidated Fund of India.",
"footnote": "",
"is_definition": false,
"sort_order": 3180
},
{
"number": "272",
"title": "Article 272. Taxes which are levied and collected by the Union and may be.",
"chapter": null,
"content": "Omittedby the Constitution\n(Eightieth Amendment ) Act , 2000 , s. 4.(w.e.f. 9-6-2000).",
"footnote": "",
"is_definition": false,
"sort_order": 3190
},
{
"number": "273",
"title": "Article 273. Grants in lieu of export duty on jute and jute products.",
"chapter": null,
"content": "(1)\nThere shall be charged on the Consolidated Fund of India in each year as\ngrants-in-aid of the revenues of the States of Assam, Bihar, 2[Odisha] and West\nBengal, in lieu of assignment of any share of the net proceeds in each year of\nexport duty on jute and jute products to those States, such sums as may be\nprescribed.\n (2) The sums so prescribed shall continue to be charged on the\nConsolidated Fund of India so long as any export duty on jute or jute products\ncontinues to be levied by the Government of India or until the expiration of ten\nyears from the commencement of this Constitution whichever is earlier.\n157 THE CONSTITUTION OF INDIA\n\n (3) In this article, the expression “prescribed” has the same meaning as\nin article 270.",
"footnote": "",
"is_definition": false,
"sort_order": 3200
},
{
"number": "274",
"title": "Article 274. Prior recommendation of President required to Bills affecting.",
"chapter": null,
"content": "(1) No Bill or amendment which\nimposes or varies any tax or duty in which States are interested, or which varies\nthe meaning of the expression “agricultural income” as defined for the purposes\nof the enactments relating to Indian income-tax, or which affects the principles\non which under any of the foregoing provisions of this Chapter moneys are or\nmay be distributable to States, or which imposes any such surcharge for the\npurposes of the Union as is mentioned in the foregoing provisions of this\nChapter, shall be introduced or moved in either House of Parliament except on\nthe recommendation of the President.\n (2) In this article, the expression “tax or duty in which States are\ninterested” means—\n (a) a tax or duty the whole or part of the net proceeds whereof are\n assigned to any State; or\n (b) a tax or duty by reference to the net proceeds whereof sums\n are for the time being payable out of the Consolidated Fund of India to\n any State.",
"footnote": "",
"is_definition": false,
"sort_order": 3210
},
{
"number": "275",
"title": "Article 275. Grants from the Union to certain States.",
"chapter": null,
"content": "(1) Such sums as\nParliament may by law provide shall be charged on the Consolidated Fund of\nIndia in each year as grants-in-aid of the revenues of such States as Parliament\nmay determine to be in need of assistance, and different sums may be fixed for\ndifferent States:\n Provided that there shall be paid out of the Consolidated Fund of India as\ngrants-in-aid of the revenues of a State such capital and recurring sums as may\nbe necessary to enable that State to meet the costs of such schemes of\ndevelopment as may be undertaken by the State with the approval of the\nGovernment of India for the purpose of promoting the welfare of the Scheduled\nTribes in that State or raising the level of administration of the Scheduled Areas\ntherein to that of the administration of the rest of the areas of that State:\n Provided further that there shall be paid out of the Consolidated Fund of\nIndia as grants-in-aid of the revenues of the State of Assam sums, capital and\nrecurring, equivalent to—\n158 THE CONSTITUTION OF INDIA\n\n two years immediately preceding the commencement of this Constitution (a) the average excess of expenditure over the revenues during the\n in respect of the administration of the tribal areas specified in 1[Part I]of\n the table appended to paragraph 20 of the Sixth Schedule; and\n (b) the costs of such schemes of development as may be\n undertaken by that State with the approval of the Government of India\n for the purpose of raising the level of administration of the said areas to\n that of the administration of the rest of the areas of that State.\n 2[(1A) On and from the formation of the autonomous State under article\n244A,—\n (i) any sums payable under clause ( a) of the second proviso to\n clause (1) shall, if the autonomous State comprises all the tribal areas\n referred to therein, be paid to the autonomous State, and, if the\n autonomous State comprises only some of those tribal areas, be\n apportioned between the State of Assam and the autonomous State as the\n President may, by order, specify;\n (ii) there shall be paid out of the Consolidated Fund of India as\n grants-in-aid of the revenues of the autonomous State sums, capital and\n recurring, equivalent to the costs of such schemes of development as\n may be undertaken by the autonomous State with the approval of the\n Government of India for the purpose of raising the level of\n administration of that State to that of the administration of the rest of the\n State of Assam.]\n (2) Until provision is made by Parliament under clause (1), the powers\nconferred on Parliament under that clause shall be exercisable by the President\nby order and any order made by the President under this clause shall have effect\nsubject to any provision so made by Parliament:\n Provided that after a Finance Commission has been constituted no order\nshall be made under this clause by the President except after considering the\nrecommendations of the Finance Commission.\nNotwithstanding anything in article 246, no law of the Legislature of a State relating",
"footnote": "",
"is_definition": false,
"sort_order": 3220
},
{
"number": "276",
"title": "Article 276. Taxes on professions, trades, callings and employments.",
"chapter": null,
"content": "(1)\n\nto taxes for the benefit of the State or of a municipality, district board, local board or\nother local authority therein in respect of professions, trades, callings or\nemployments shall be invalid on the ground that it relates to a tax on income.\n159 THE CONSTITUTION OF INDIA\n\n (2) The total amount payable in respect of any one person to the State or\nto any one municipality, district board, local board or other local authority in\nthe State by way of taxes on professions, trades, callings and employments\nshall not exceed 1[two thousand and five hundred rupees] per annum.\n 2* * * *\n (3) The power of the Legislature of a State to make laws as aforesaid\nwith respect to taxes on professions, trades, callings and employments shall not\nbe construed as limiting in any way the power of Parliament to make laws with\nrespect to taxes on income accruing from or arising out of professions, trades,\ncallings and employments.",
"footnote": "",
"is_definition": false,
"sort_order": 3230
},
{
"number": "277",
"title": "Article 277. Savings.",
"chapter": null,
"content": "Any taxes, duties, cesses or fees which, immediately\nbefore the commencement of this Constitution, were being lawfully levied by\nthe Government of any State or by any municipality or other local authority or\nbody for the purposes of the State, municipality, district or other local area\nmay, notwithstanding that those taxes, duties, cesses or fees are mentioned in\nthe Union List, continue to be levied and to be applied to the same purposes\nuntil provision to the contrary is made by Parliament by law.",
"footnote": "",
"is_definition": false,
"sort_order": 3240
},
{
"number": "278",
"title": "Article 278. Agreement with States in Part B of the First Schedule with.",
"chapter": null,
"content": "Omitted by the Constitution (Seventh\nAmendment) Act, 1956 , s. 29 and Sch.( w.e.f. 1-11-1956 ).",
"footnote": "",
"is_definition": false,
"sort_order": 3250
},
{
"number": "279",
"title": "Article 279. Calculation of “net proceeds”, etc.",
"chapter": null,
"content": "(1) In the foregoing\nprovisions of this Chapter, “net proceeds” means in relation to any tax or duty\nthe proceeds thereof reduced by the cost of collection, and for the purposes of\nthose provisions the net proceeds of any tax or duty, or of any part of any tax or\nduty, in or attributable to any area shall be ascertained and certified by the\nComptroller and Auditor-General of India, whose certificate shall be final.\n (2) Subject as aforesaid, and to any other express provision of this\nChapter, a law made by Parliament or an order of the President may, in any\ncase where under this Part the proceeds of any duty or tax are, or may be,\nassigned to any State, provide for the manner in which the proceeds are to be\ncalculated, for the time from or at which and the manner in which any\npayments are to be made, for the making of adjustments between one financial\nyear and another, and for any other incidental or ancillary matters.\n160 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 3260
},
{
"number": "279A",
"title": "Article 279A. Goods and Services Tax Council.",
"chapter": null,
"content": "(1) The President shall,\nwithin sixty days from the date of commencement of the Constitution (One\nHundred and First Amendment) Act, 2016, by order, constitute a Council to be\ncalled the Goods and Services Tax Council.\n (2) The Goods and Services Tax Council shall consist of the following\nmembers, namely:—\n (a) the Union Finance Minister — Chairperson;\n (b) the Union Minister of State in charge of Revenue or\n Finance — Member;\n (c) the Minister in charge of Finance or Taxation or any other\n Ministernominated by each State Government — Members.\n (3) The Members of the Goods and Services Tax Council referred to in\nsub-clause (c) of clause (2) shall, as soon as may be, choose one amongst\nthemselves to be the Vice-Chairperson of the Council for such period as they\nmay decide.\n (4) The Goods and Services Tax Council shall make recommendations to\nthe Union and the States on—\n (a) the taxes, cesses and surcharges levied by the Union, the\n States and the local bodies which may be subsumed in the goods and\n services tax;\n (b) the goods and services that may be subjected to, or exempted\n from,the goods and services tax;\n (c) model Goods and Services Tax Laws, principles of levy,\n apportionment of Goods and Services Tax levied on supplies in the\n course of inter-State trade or commerce under article 269A and the\n principles that govern the place of supply;\n (d) the threshold limit of turnover below which goods and services\n may be exempted from goods and services tax;\n (e) the rates including floor rates with bands of goods and services\n tax;\n (f) any special rate or rates for a specified period, to raise\n additionalresources during any natural calamity or disaster;\n161 THE CONSTITUTION OF INDIA\n\n (g) special provision with respect to the States of Arunachal\n Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram,\n Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and\n (h) any other matter relating to the goods and services tax, as the\n Council may decide.\n (5) The Goods and Services Tax Council shall recommend the date on\nwhich the goods and services tax be levied on petroleum crude, high speed\ndiesel, motor spirit (commonly known as petrol), natural gas and aviation\nturbine fuel.\n (6) While discharging the functions conferred by this article, the Goods\nand Services Tax Council shall be guided by the need for a harmonised\nstructure of goods and services tax and for the development of a harmonised\nnational market for goods and services.\n (7) One-half of the total number of Members of the Goods and Services\nTax Council shall constitute the quorum at its meetings.\n (8) The Goods and Services Tax Council shall determine the procedure\nin the performance of its functions.\n (9) Every decision of the Goods and Services Tax Council shall be taken\nat a meeting, by a majority of not less than three-fourths of the weighted votes\nof the members present and voting, in accordance with the following principles,\nnamely:—\n (a) the vote of the Central Government shall have a weightage of\n one-third of the total votes cast ; and\n (b) the votes of all the State Governments taken together shall\n have a weightage of two-thirds of the total votes cast,\nin that meeting .\n (10) No act or proceedings of the Goods and Services Tax Council shall\nbe invalid merely by reason of—\n (a) any vacancy in, or any defect in, the constitution of the\n Council; or\n (b) any defect in the appointment of a person as a Member of the\n Council; or\n (c) any procedural irregularity of the Council not affecting the\n merits of the case.\n (11) The Goods and Services Tax Council shall establish a mechanism to\nadjudicate any dispute—\n162 THE CONSTITUTION OF INDIA\n\n (a) between the Government of India and one or more States; or\n (b) between the Government of India and any State or States on\n one side and one or more other States on the other side; or\n (c) between two or more States,\narising out of the recommendations of the Council or implementation thereof.]",
"footnote": "",
"is_definition": false,
"sort_order": 3270
},
{
"number": "280",
"title": "Article 280. Finance Commission.",
"chapter": null,
"content": "(1) The President shall, within two years\nfrom the commencement of this Constitution and thereafter at the expiration of\nevery fifth year or at such earlier time as the President considers necessary, by\norder constitute a Finance Commission which shall consist of a Chairman and\nfour other members to be appointed by the President.\nrequisite for appointment as members of the Commission and the manner in (2) Parliament may by law determine the qualifications which shall be\n\nwhich they shall be selected.\n (3) It shall be the duty of the Commission to make recommendations to\nthe President as to—\n (a) the distribution between the Union and the States of the net\n proceeds of taxes which are to be, or may be, divided between them\n under this Chapter and the allocation between the States of the respective\n shares of such proceeds;\n revenues of the States out of the Consolidated Fund of India;(b) the principles which should govern the grants-in-aid of the\n\n\n 1[(bb) the measures needed to augment the Consolidated Fund of a\n State to supplement the resources of the Panchayats in the State on the basis\n of the recommendations made by the Finance Commission of the State;]\n 2[(c) the measures needed to augment the Consolidated Fund of a\n State to supplement the resources of the Municipalities in the State on\n the basis of the recommendations made by the Finance Commission of\n the State;]\n 3[(d)]any other matter referred to the Commission by the\n President in the interests of sound finance.\n (4) The Commission shall determine their procedure and shall have such\npowers in the performance of their functions as Parliament may by law confer\non them.\n163 THE CONSTITUTION OF INDIA\n\nshall cause every recommendation made by the Finance Commission under the",
"footnote": "",
"is_definition": false,
"sort_order": 3280
},
{
"number": "281",
"title": "Article 281. Recommendations of the Finance Commission.",
"chapter": null,
"content": "The President\n\nprovisions of this Constitution together with an explanatory memorandum as to\nthe action taken thereon to be laid before each House of Parliament.\n Miscellaneous Financial Provisions",
"footnote": "",
"is_definition": false,
"sort_order": 3290
},
{
"number": "282",
"title": "Article 282. Expenditure defrayable by the Union or a State out of its.",
"chapter": null,
"content": "The Union or a State may make any grants for any public purpose,\nnotwithstanding that the purpose is not one with respect to which Parliament or\nthe Legislature of the State, as the case may be, may make laws.\nmoneys credited to the public accounts.",
"footnote": "",
"is_definition": false,
"sort_order": 3300
},
{
"number": "283",
"title": "Article 283. Custody, etc., of Consolidated Funds, Contingency Funds and.",
"chapter": null,
"content": "(1) The custody of the\n\nConsolidated Fund of India and the Contingency Fund of India, the payment of\nmoneys into such Funds, the withdrawal of moneys therefrom, the custody of\npublic moneys other than those credited to such Funds received by or on behalf\nof the Government of India, their payment into the public account of India and\nthe withdrawal of moneys from such account and all other matters connected\nwith or ancillary to matters aforesaid shall be regulated by law made by\nParliament, and, until provision in that behalf is so made, shall be regulated by\nrules made by the President.\n (2) The custody of the Consolidated Fund of a State and the\nContingency Fund of a State, the payment of moneys into such Funds, the\nwithdrawal of moneys therefrom, the custody of public moneys other than\nthose credited to such Funds received by or on behalf of the Government of the\nState, their payment into the public account of the State and the withdrawal of\nmoneys from such account and all other matters connected with or ancillary to\nmatters aforesaid shall be regulated by law made by the Legislature ofthe\nState, and, until provision in that behalf is so made, shall be regulated by rules\nmade by the Governor 1***of the State.",
"footnote": "",
"is_definition": false,
"sort_order": 3310
},
{
"number": "284",
"title": "Article 284. Custody of suitors’ deposits and other moneys received by.",
"chapter": null,
"content": "All moneys received by or deposited with—\n Union or of a State in his capacity as such, other than revenues or (a) any officer employed in connection with the affairs of the\n\n public moneys raised or received by the Government of India or the\n Government of the State, as the case may be ; or\n (b) any court within the territory of India to the credit of any\n cause, matter, account or persons,\n164 THE CONSTITUTION OF INDIA\n\nshall be paid into the public account of India or the public account of State, as\nthe case may be.\nThe property of the Union shall, save in so far as Parliament may by law",
"footnote": "",
"is_definition": false,
"sort_order": 3320
},
{
"number": "285",
"title": "Article 285. Exemption of property of the Union from State taxation.",
"chapter": null,
"content": "(1)\n\notherwise provide, be exempt from all taxes imposed by a State or by any\nauthority within a State.\nprovides, prevent any authority within a State from levying any tax on any (2) Nothing in clause (1) shall, until Parliament by law otherwise\n\nproperty of the Union to which such property was immediately before the\ncommencement of this Constitution liable or treated as liable, so long as that\ntax continues to be levied in that State.",
"footnote": "",
"is_definition": false,
"sort_order": 3330
},
{
"number": "286",
"title": "Article 286. Restrictions as to imposition of tax on the sale or purchase of.",
"chapter": null,
"content": "(1) No law of a State shall impose, or authorise the imposition of, a\ntax on 1[the supply of goods or of services or both, where such supply takes\nplace]—\n (a) outside the State; or\n (b) in the course of the import of the 2[goods or services or both]\n into, or export of the 2[goods or services or both]out of, the territory of\n India.\n 3[* * * *]\n\n 4[(2) Parliament may by law formulate principles for determining when a\n5[supply of goods or of services or both]in any of the ways mentioned in\nclause (1).\n 6[(3)** * *]",
"footnote": "",
"is_definition": false,
"sort_order": 3340
},
{
"number": "287",
"title": "Article 287. Exemption from taxes on electricity.",
"chapter": null,
"content": "Save in so far as\nParliament may by law otherwise provide, no law of a State shall impose, or\nauthorise the imposition of, a tax on the consumption or sale of electricity\n\n165 THE CONSTITUTION OF INDIA\n\n (whether produced by a Government or other persons) which is—\n (a) consumed by the Government of India, or sold to the\n Government of India for consumption by that Government; or\n (b) consumed in the construction, maintenance or operation of any\n railway by the Government of India or a railway company operating that\n railway, or sold to that Government or any such railway company for\n consumption in the construction, maintenance or operation of any\n railway,\nand any such law imposing, or authorising the imposition of, a tax on the sale\nof electricity shall secure that the price of electricity sold to the Government of\nIndia for consumption by that Government, or to any such railway company as\naforesaid for consumption in the construction, maintenance or operation of any\nrailway, shall be less by the amount of the tax than the price charged to other\nconsumers of a substantial quantity of electricity.\n 288. Exemption from taxation by States in respect of water or\nelectricity in certain cases .—(1)Save in so far as the President may by order\notherwise provide, no law of a State in force immediately before the\ncommencement of this Constitution shall impose, or authorise the imposition\nof, a tax in respect of any water or electricity stored, generated, consumed,\ndistributed or sold by any authority established by any existing law or any law\nmade by Parliament for regulating or developing any inter-State river or\nriver-valley.\n Explanation.— The expression “law of a State in force” in this clause\nshall include a law of a State passed or made before the commencement of this\nConstitution and not previously repealed, notwithstanding that it or parts of it\nmay not be then in operation either at all or in particular areas.\n (2) The Legislature of a State may by law impose, or authorise the\nimposition of, any such tax as is mentioned in clause (1), but no such law shall\nhave any effect unless it has, after having been reserved for the consideration of\nthe President, received his assent; and if any such law provides for the fixation\nof the rates and other incidents of such tax by means of rules or orders to be\nmade under the law by any authority, the law shall provide for the previous\nconsent of the President being obtained to the making of any such rule or order.\n 289. Exemption of property and income of a State from Union\ntaxation. —(1) The property and income of a State shall be exempt from Union\ntaxation.\n166 THE CONSTITUTION OF INDIA\n\nauthorising the imposition of, any tax to such extent, if any, as Parliament may (2) Nothing in clause (1) shall prevent the Union from imposing, or\nby law provide in respect of a trade or business of any kind carried on by, or on\nbehalf of, the Government of a State, or any operations connected therewith, or\nany property used or occupied for the purposes of such trade or business, or any\nincome accruing or arising in connection therewith.\nclass of trade or business, which Parliament may by law declare to be incidental (3) Nothing in clause (2) shall apply to any trade or business, or to any\nto the ordinary functions of Government.\nWhere under the provisions of this Constitution the expenses of any court or 290. Adjustment in respect of certain expenses and pensions.—\nCommission, or the pension payable to or in respect of a person who has served\nbefore the commencement of this Constitution under the Crown in India or\nafter such commencement in connection with the affairs of the Union or of a\nState, are charged on the Consolidated Fund of India or the Consolidated Fund\nof a State, then, if—\n court or Commission serves any of the separate needs of a State, or the (a) in the case of a charge on the Consolidated Fund of India, the\n person has served wholly or in part in connection with the affairs of a\n State; or\n court or Commission serves any of the separate needs of the Union or (b) in the case of a charge on the Consolidated Fund of a State, the\n another State, or the person has served wholly or in part in connection\n with the affairs of the Union or another State,\nthere shall be charged on and paid out of the Consolidated Fund of the State or,\nas the case may be, the Consolidated Fund of India or the Consolidated Fund of\nthe other State, such contribution in respect of the expenses or pension as may\nbe agreed, or as may in default of agreement be determined by an arbitrator to\nbe appointed by the Chief Justice of India.\n 1[290A. Annual payment to certain Devaswom Funds. —A sum of\nforty-six lakhs and fifty thousand rupees shall be charged on, and paid out of,\nthe Consolidated Fund of the State of Kerala every year to the Travancore\nDevaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be\ncharged on, and paid out of, the Consolidated Fund of the State of 2[Tamil\nNadu]every year to the Devaswom Fund established in that State for the\nmaintenance of Hindu temples and shrines in the territories transferred to that\nState on the 1st day of November, 1956, from the State of Travancore-Cochin.]\n167 THE CONSTITUTION OF INDIA\n\n 291. [Privy purse sums of Rulers. ].—Omitted by the Constitution\n(Twenty-sixth Amendment ) Act,1971, s. 2 (w.e.f. 28-12-1971).",
"footnote": "",
"is_definition": false,
"sort_order": 3350
},
{
"number": "337",
"title": "CHAPTER II - BORROWING",
"chapter": "CHAPTER II",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3360
},
{
"number": "338",
"title": "CHAPTER III - PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,",
"chapter": "CHAPTER III",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3370
},
{
"number": "339",
"title": "CHAPTER IV - RIGHT TO PROPERTY",
"chapter": "CHAPTER IV",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3380
},
{
"number": "340",
"title": "PART XIII - TRADE, COMMERCE AND INTERCOURSE WITHINTHE TERRITORY OF INDIA",
"chapter": "PART XIII",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3390
},
{
"number": "304",
"title": "Article 304. Restrictions on trade, commerce and intercourse among States.",
"chapter": null,
"content": "Notwithstanding anything in article 301 or article 303, the\nLegislature of a State may by law—\n (a) impose on goods imported from other States 1[or the Union\n territories]any tax to which similar goods manufactured or produced in\n that State are subject, so, however, as not to discriminate between goods\n so imported and goods so manufactured or produced; and\n (b) impose such reasonable restrictions on the freedom of trade,\n commerce or intercourse with or within that State as may be required in\n the public interest:\n172 THE CONSTITUTION OF INDIA\n\n Provided that no Bill or amendment for the purposes of clause ( b) shall\nbe introduced or moved in the Legislature of a State without the previous\nsanction of the President.",
"footnote": "",
"is_definition": false,
"sort_order": 3400
},
{
"number": "305",
"title": "Article 305. Saving of existing laws and laws providing for State monopolies.",
"chapter": null,
"content": "Nothing in articles 301 and 303 shall affect the provisions of\nany existing law except in so far as the President may by order otherwise\ndirect; and nothing in article 301 shall affect the operation of any law made\nbefore the commencement of the Constitution (Fourth Amendment) Act, 1955,\nin so far as it relates to, or prevent Parliament or the Legislature of a State from\nmaking any law relating to, any such matter as is referred to in sub-clause ( ii)\nof clause (6) of article 19.]",
"footnote": "",
"is_definition": false,
"sort_order": 3410
},
{
"number": "306",
"title": "Article 306. Power of certain States in Part B of the First Schedule to.",
"chapter": null,
"content": "Omitted by the Constitution\n(Seventh Amendment ) Act, 1956, s. 29 and Sch .(w.e.f. 1-11-1956)",
"footnote": "",
"is_definition": false,
"sort_order": 3420
},
{
"number": "307",
"title": "Article 307. Appointment of authority for carrying out the purposes of.",
"chapter": null,
"content": "Parliament may by law appoint such authority as it\nconsiders appropriate for carrying out the purposes of articles 301, 302, 303\nand 304, and confer on the authority so appointed such powers and such duties\nas it thinks necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 3430
},
{
"number": "345",
"title": "PART XIV - SERVICES UNDER THE UNION AND THE STATES",
"chapter": "PART XIV",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3440
},
{
"number": "346",
"title": "CHAPTER I - SERVICES",
"chapter": "CHAPTER I",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3450
},
{
"number": "308",
"title": "Article 308. Interpretation.",
"chapter": null,
"content": "In this Part, unless the context otherwise requires,\nthe expression “State” 1[does not include the State of Jammu and Kashmir].",
"footnote": "",
"is_definition": false,
"sort_order": 3460
},
{
"number": "309",
"title": "Article 309. Recruitment and conditions of service of persons serving the.",
"chapter": null,
"content": "Subject to the provisions of this Constitution, Acts of the\nappropriate Legislature may regulate the recruitment, and conditions of service\nof persons appointed, to public services and posts in connection with the affairs\nof the Union or of any State:\n Provided that it shall be competent for the President or such person as he\nmay direct in the case of services and posts in connection with the affairs of the\nUnion, and for the Governor 2***of a State or such person as he may direct in\nthe case of services and posts in connection with the affairs of the State, to\nmake rules regulating the recruitment, and the conditions of service of persons\nappointed, to such services and posts until provision in that behalf is made by\nor under an Act of the appropriate Legislature under this article, and any rules\nso made shall have effect subject to the provisions of any such Act.\nExcept as expressly provided by this Constitution, every person who is a",
"footnote": "",
"is_definition": false,
"sort_order": 3470
},
{
"number": "310",
"title": "Article 310. Tenure of office of persons serving the Union or a State.",
"chapter": null,
"content": "(1)\n\nmember of a defence service or of a civil service of the Union or of an\nall-India service or holds any post connected with defence or any civil post\nunder the Union holds office during the pleasure of the President, and every\nperson who is a member of a civil service of a State or holds any civil post\nunder a State holds office during the pleasure of the Governor 3***of the\nState.\n (2) Notwithstanding that a person holding a civil post under the Union or\na State holds office during the pleasure of the President or, as the case may be,\nof the Governor 2***of the State, any contract under which a person, not being\na member of a defence service or of an all-India service or of a civil service of\nthe Union or a State, is appointed under this Constitution to hold such a post\nmay, if the President or the Governor 42***, as the case may be, deems it\n174 THE CONSTITUTION OF INDIA\n\nnecessary in order to secure the services of a person having special\nqualifications, provide for the payment to him of compensation, if before the\nexpiration of an agreed period that post is abolished or he is, for reasons not\nconnected with any misconduct on his part, required to vacate that post.",
"footnote": "",
"is_definition": false,
"sort_order": 3480
},
{
"number": "311",
"title": "Article 311. Dismissal, removal or reduction in rank of persons employed in.",
"chapter": null,
"content": "(1) No person who is a member\nof a civil service of the Union or an all-India service or a civil service of a\nState or holds a civil post under the Union or a State shall be dismissed or\nremoved by an authority subordinate to that by which he was appointed.\n 1[(2) No such person as aforesaid shall be dismissed or removed or\nreduced in rank except after an inquiry in which he has been informed of the\ncharges against him and given a reasonable opportunity of being heard in\nrespect of those charges 2***:\n\n 3[Provided that where it is proposed after such inquiry, to impose upon\nhim any such penalty, such penalty may be imposed on the basis of the\nevidence adduced during such inquiry and it shall not be necessary to give such\nperson any opportunity of making representation on the penalty proposed:\n Provided further that this clause shall not apply—]\n the ground of conduct which has led to his conviction on a criminal (a) where a person is dismissed or removed or reduced in rank on\n\n charge; or\n or to reduce him in rank is satisfied that for some reason, to be recorded (b)where the authority empowered to dismiss or remove a person\n\n by that authority in writing, it is not reasonably practicable to hold such\n inquiry; or\n (c) where the President or the Governor, as the case may be, is\n satisfied that in the interest of the security of the State it is not expedient\n to hold such inquiry.\n (3) If, in respect of any such person as aforesaid, a question arises\nwhether it is reasonably practicable to hold such inquiry as is referred to in\nclause (2), the decision thereon of the authority empowered to dismiss or\nremove such person or to reduce him in rank shall be final.]\n175 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 3490
},
{
"number": "312",
"title": "Article 312. All-India services.",
"chapter": null,
"content": "India services. —(1) Notwithstanding anything in 1[Chapter VI\nof Part VI or Part XI], if the Council of States has declared by resolution\nsupported by not less than two-thirds of the members present and voting that it\nis necessary or expedient in the national interest so to do, Parliament may by\nlaw provide for the creation of one or more all India services 2[(including an\nall-India judicial service)]common to the Union and the States, and, subject to\nthe other provisions of this Chapter, regulate the recruitment, and the\nconditions of service of persons appointed, to any such service.\n (2) The services known at the commencement of this Constitution as the\nIndian Administrative Service and the Indian Police Service shall be deemed to\nbe services created by Parliament under this article.\n\n 2[(3) The all-India judicial service referred to in clause (1) shall not\ninclude any post inferior to that of a district judge as defined in article 236.\n (4) The law providing for the creation of the all-India judicial service\naforesaid may contain such provisions for the amendment of Chapter VI of\nPart VI as may be necessary for giving effect to the provisions of that law and\nno such law shall be deemed to be an amendment of this Constitution for the\npurposes of article 368.]",
"footnote": "",
"is_definition": false,
"sort_order": 3500
},
{
"number": "312A",
"title": "Article 312A. Power of Parliament to vary or revoke conditions of service of.",
"chapter": null,
"content": "(1) Parliament may by law—\n (a) vary or revoke, whether prospectively or retrospectively, the\n conditions of services as respects remuneration, leave and pension and\n the rights as respects disciplinary matters of persons who, having been\n appointed by the Secretary of State or Secretary of State in Council to a\n civil service of the Crown in India before the commencement of this\n Constitution, continue on and after the commencement of the\n Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the\n Government of India or of a State in any service or post;\n176 THE CONSTITUTION OF INDIA\n\n (b) vary or revoke, whether prospectively or retrospectively, the\n conditions of service as respects pension of persons who, having been\n appointed by the Secretary of State or Secretary of State in Council to a\n civil service of the Crown in India before the commencement of this\n Constitution, retired or otherwise ceased to be in service at any time\n before the commencement of the Constitution (Twenty-eighth\n Amendment) Act, 1972:\n Provided that in the case of any such person who is holding or has held\nthe office of the Chief Justice or other Judge of the Supreme Court or a High\nCourt, the Comptroller and Auditor-General of India, the Chairman or other\nmember of the Union or a State Public Service Commission or the Chief\nElection Commissioner, nothing in sub-clause ( a) or sub-clause ( b) shall be\nconstrued as empowering Parliament to vary or revoke, after his appointment\nto such post, the conditions of his service to his disadvantage except in so far as\nsuch conditions of service are applicable to him by reason of his being a\nperson appointed by the Secretary of State or Secretary of State in Council to a\ncivil service of the Crown in India.\n (2) Except to the extent provided for by Parliament by law under this\narticle, nothing in this article shall affect the power of any Legislature or other\nauthority under any other provision of this Constitution to regulate the\nconditions of service of persons referred to in clause (1).\n (3) Neither the Supreme Court nor any other court shall have jurisdiction in—\n (a) any dispute arising out of any provision of, or any\n endorsement on, any covenant, agreement or other similar instrument\n which was entered into or executed by any person referred to in\n clause (1), or arising out of any letter issued to such person, in relation to\n his appointment to any civil service of the Crown in India or his\n continuance in service under the Government of the Dominion of India\n or a Province thereof;\n (b) any dispute in respect of any right, liability or obligation\n under article 314 as originally enacted.\n (4) The provisions of this article shall have effect notwithstanding\nanything in article 314 as originally enacted or in any other provision of this\nConstitution.]\n177 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 3510
},
{
"number": "313",
"title": "Article 313. Transitional provisions.",
"chapter": null,
"content": "Until other provision is made in this\nbehalf under this Constitution, all the laws in force immediately before the\ncommencement of this Constitution and applicable to any public service or any\npost which continues to exist after the commencement of this Constitution, as\nan all-India service or as service or post under the Union or a State shall\ncontinue in force so far as consistent with the provisions of this Constitution.",
"footnote": "",
"is_definition": false,
"sort_order": 3520
},
{
"number": "314",
"title": "Article 314. Provision for protection of existing officers of certain services.",
"chapter": null,
"content": "Omitted by the Constitution (Twenty-eighth Amendment) Act, 1972,\ns. 3(w.e.f. 29-8-1972).",
"footnote": "",
"is_definition": false,
"sort_order": 3530
},
{
"number": "355",
"title": "CHAPTER II - P UBLIC SERVICE COMMISSIONS",
"chapter": "CHAPTER II",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3540
},
{
"number": "315",
"title": "Article 315. Public Service Commissions for the Union and for the States.",
"chapter": null,
"content": "(1) Subject to the provisions of this article, there shall be a Public Service\nCommission for the Union and a Public Service Commission for each State.\n (2) Two or more States may agree that there shall be one Public Service\nCommission for that group of States, and if a resolution to that effect is passed\nby the House or, where there are two Houses, by each House of the Legislature\nof each of those States, Parliament may by law provide for the appointment of a\nJoint State Public Service Commission (referred to in this Chapter as Joint\nCommission) to serve the needs of those States.\n (3) Any such law as aforesaid may contain such incidental and\nconsequential provisions as may be necessary or desirable for giving effect to\nthe purposes of the law.\n (4) The Public Service Commission for the Union, if requested so to do\nby the Governor 1*** of a State, may, with the approval of the President, agree\nto serve all or any of the needs of the State.\n (5) References in this Constitution to the Union Public Service\nCommission or a State Public Service Commission shall, unless the context\notherwise requires, be construed as references to the Commission serving the\nneeds of the Union or, as the case may be, the State as respects the particular\nmatter in question.",
"footnote": "",
"is_definition": false,
"sort_order": 3550
},
{
"number": "316",
"title": "Article 316. Appointment and term of office of members.",
"chapter": null,
"content": "(1) The Chairman\nand other members of a Public Service Commission shall be appointed, in the\ncase of the Union Commission or a Joint Commission, by the President, and in\nthe case of a State Commission, by the Governor of the State:\n178 THE CONSTITUTION OF INDIA\n\n Provided that as nearly as may be one-half of the members of every\nPublic Service Commission shall be persons who at the dates of their respective\nappointments have held office for at least ten years either under the\nGovernment of India or under the Government of a State, and in computing the\nsaid period of ten years any period before the commencement of this\nConstitution during which a person has held office under the Crown in India or\nunder the Government of an Indian State shall be included.\n 1[(1A) If the office of the Chairman of the Commission becomes vacant\nor if any such Chairman is by reason of absence or for any other reason unable\nto perform the duties of his office, those duties shall, until some person\nappointed under clause (1) to the vacant office has entered on the duties thereof\nor, as the case may be, until the Chairman has resumed his duties, be performed\nby such one of the other members of the Commission as the President, in the\ncase of the Union Commission or a Joint Commission, and the Governor of the\nState in the case of a State Commission, may appoint for the purpose.]\n (2) A member of a Public Service Commission shall hold office for a\nterm of six years from the date on which he enters upon his office or until he\nattains, in the case of the Union Commission, the age of sixty-five years, and in\nthe case of a State Commission or a Joint Commission, the age of 2[sixty-two\nyears], whichever is earlier:\n Provided that—\n (a) a member of a Public Service Commission may, by writing under\n his hand addressed, in the case of the Union Commission or a Joint\n Commission, to the President, and in the case of a State Commission, to\n the Governor 3***of the State, resign his office;\n (b) a member of a Public Service Commission may be removed from\n his office in the manner provided in clause (1) or clause (3) of\n article 317.\n (3) A person who holds office as a member of a Public Service\nCommission shall, on the expiration of his term of office, be ineligible for\nre-appointment to that office.\n179 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 3560
},
{
"number": "317",
"title": "Article 317. Removal and suspension of a member of a Public Service.",
"chapter": null,
"content": "(1) Subject to the provisions of clause (3), the Chairman or\nany other member of a Public Service Commission shall only be removed from\nhis office by order of the President on the ground of misbehaviour after the\nSupreme Court, on reference being made to it by the President, has, on inquiry\nheld in accordance with the procedure prescribed in that behalf under\narticle 145, reported that the Chairman or such other member, as the case may\nbe, ought on any such ground to be removed.\n (2) The President, in the case of the Union Commission or a Joint\nCommission, and the Governor 1***in the case of a State Commission, may\nsuspend from office the Chairman or any other member of the Commission in\nrespect of whom a reference has been made to the Supreme Court under\nclause (1) until the President has passed orders on receipt of the report of the\nSupreme Court on such reference.\n (3) Notwithstanding anything in clause (1), the President may by order\nremove from office the Chairman or any other member of a Public Service\nCommission if the Chairman or such other member, as the case may be,—\n (a) is adjudged an insolvent; or\n (b) engages during his term of office in any paid employment outside\n the duties of his office; or\n (c) is, in the opinion of the President, unfit to continue in office by\n reason of infirmity of mind or body.\n (4) If the Chairman or any other member of a Public Service\nCommission is or becomes in any way concerned or interested in any contract\nor agreement made by or on behalf of the Government of India or the\nGovernment of a State or participates in any way in the profit thereof or in any\nbenefit or emolument arising therefrom otherwise than as a member and in\ncommon with the other members of an incorporated company, he shall, for the\npurposes of clause (1), be deemed to be guilty of misbehaviour.",
"footnote": "",
"is_definition": false,
"sort_order": 3570
},
{
"number": "318",
"title": "Article 318. Power to make regulations as to conditions of service of.",
"chapter": null,
"content": "In the case of the Union\nCommission or a Joint Commission, the President and, in the case of a State\nCommission, the Governor 1***of the State may by regulations—\n\n180 THE CONSTITUTION OF INDIA\n\n (a) determine the number of members of the Commission and their\n conditions of service; and\n (b) make provision with respect to the number of members of the\n staff of the Commission and their conditions of service:\n Provided that the conditions of service of a member of a Public Service\nCommission shall not be varied to his disadvantage after his appointment.",
"footnote": "",
"is_definition": false,
"sort_order": 3580
},
{
"number": "319",
"title": "Article 319. Prohibition as to the holding of offices by members of.",
"chapter": null,
"content": "On ceasing to hold office—\n (a) the Chairman of the Union Public Service Commission shall be\n ineligible for further employment either under the Government of India\n or under the Government of a State;\n (b) the Chairman of a State Public Service Commission shall be\n eligible for appointment as the Chairman or any other member of the\n Union Public Service Commission or as the Chairman of any other State\n Public Service Commission, but not for any other employment either\n under the Government of India or under the Government of a State;\n (c) a member other than the Chairman of the Union Public Service\n Commission shall be eligible for appointment as the Chairman of the\n Union Public Service Commission or as the Chairman of a State Public\n Service Commission, but not for any other employment either under the\n Government of India or under the Government of a State;\n (d) a member other than the Chairman of a State Public Service\n Commission shall be eligible for appointment as the Chairman or any\n other member of the Union Public Service Commission or as the\n Chairman of that or any other State Public Service Commission, but not\n for any other employment either under the Government of India or under\n the Government of a State.",
"footnote": "",
"is_definition": false,
"sort_order": 3590
},
{
"number": "320",
"title": "Article 320. Functions of Public Service Commissions.",
"chapter": null,
"content": "(1) It shall be the\nduty of the Union and the State Public Service Commissions to conduct\nexaminations for appointments to the services of the Union and the services of\nthe State respectively.\n (2) It shall also be the duty of the Union Public Service Commission, if\nrequested by any two or more States so to do, to assist those States in framing\nand operating schemes of joint recruitment for any services for which\ncandidates possessing special qualifications are required.\n (3) The Union Public Service Commission or the State Public Service\nCommission, as the case may be, shall be consulted—\n181 THE CONSTITUTION OF INDIA\n\n services and for civil posts; (a) on all matters relating to methods of recruitment to civil\n\n civil services and posts and in making promotions and transfers from one (b) on the principles to be followed in making appointments to\n service to another and on the suitability of candidates for such\n appointments, promotions or transfers;\n Government of India or the Government of a State in a civil capacity, (c) on all disciplinary matters affecting a person serving under the\n including memorials or petitions relating to such matters;\n has served under the Government of India or the Government of a State (d) on any claim by or in respect of a person who is serving or\n or under the Crown in India or under the Government of an Indian State,\n in a civil capacity, that any costs incurred by him in defending legal\n proceedings instituted against him in respect of acts done or purporting\n to be done in the execution of his duty should be paid out of the\n Consolidated Fund of India, or, as the case may be, out of the\n Consolidated Fund of the State;\n sustained by a person while serving under the Government of India or (e) on any claim for the award of a pension in respect of injuries\n the Government of a State or under the Crown in India or under the\n Government of an Indian State, in a civil capacity, and any question as to\n the amount of any such award,\nand it shall be the duty of a Public Service Commission to advise on any matter\nso referred to them and on any other matter which the President, or, as the case\nmay be, the Governor 1***of the State, may refer to them:\nrespects other services and posts in connection with the affairs of the Union, Provided that the President as respects the all-India services and also as\nand the Governor 2***, as respects other services and posts in connection with\nthe affairs of a State, may make regulations specifying the matters in which\neither generally, or in any particular class of case or in any particular\ncircumstances, it shall not be necessary for a Public Service Commission to be\nconsulted.\nbe consulted as respects the manner in which any provision referred to in (4) Nothing in clause (3) shall require a Public Service Commission to\nclause (4) of article 16 may be made or as respects the manner in which effect\nmay be given to the provisions of article 335.\n182 THE CONSTITUTION OF INDIA\n\n (5) All regulations made under the proviso to clause (3) by the President\nor the Governor 1*** of a State shall be laid for not less than fourteen days\nbefore each House of Parliament or the House or each House of the Legislature\nof the State, as the case may be, as soon as possible after they are made, and\nshall be subject to such modifications, whether by way of repeal or amendment,\nas both Houses of Parliament or the House or both Houses of the Legislature of\nthe State may make during the session in which they are so laid.",
"footnote": "",
"is_definition": false,
"sort_order": 3600
},
{
"number": "321",
"title": "Article 321. Power to extend functions of Public Service Commissions.",
"chapter": null,
"content": "An\nAct made by Parliament or, as the case may be, the Legislature of a State may\nprovide for the exercise of additional functions by the Union Public Service\nCommission or the State Public Service Commission as respects the services of\nthe Union or the State and also as respects the services of any local authority or\nother body corporate constituted by law or of any public institution.",
"footnote": "",
"is_definition": false,
"sort_order": 3610
},
{
"number": "322",
"title": "Article 322. Expenses of Public Service Commissions.",
"chapter": null,
"content": "The expenses of the\nUnion or a State Public Service Commission, including any salaries,\nallowances and pensions payable to or in respect of the members or staff of the\nCommission, shall be charged on the Consolidated Fund of India or, as the case\nmay be, the Consolidated Fund of the State.",
"footnote": "",
"is_definition": false,
"sort_order": 3620
},
{
"number": "323",
"title": "Article 323. Reports of Public Service Commissions.",
"chapter": null,
"content": "(1) It shall be the duty\nof the Union Commission to present annually to the President a report as to the\nwork done by the Commission and on receipt of such report the President shall\ncause a copy thereof together with a memorandum explaining, as respects the\ncases, if any, where the advice of the Commission was not accepted, the\nreasons for such non-acceptance to be laid before each House of Parliament.\n (2) It shall be the duty of a State Commission to present annually to the\nGovernor 1*** of the State a report as to the work done by the Commission,\nand it shall be the duty of a Joint Commission to present annually to the\nGovernor 1***of each of the States the needs of which are served by the Joint\nCommission a report as to the work done by the Commission in relation to that\nState, and in either case the Governor 2***, shall, on receipt of such report,\ncause a copy thereof together with a memorandum explaining, as respects the\ncases, if any, where the advice of the Commission was not accepted, the\nreasons for such non-acceptance to be laid before the Legislature of the State.",
"footnote": "",
"is_definition": false,
"sort_order": 3630
},
{
"number": "365",
"title": "PART XIVA - TRIBUNALS",
"chapter": "PART XIVA",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3640
},
{
"number": "323A",
"title": "Article 323A. Administrative tribunals.",
"chapter": null,
"content": "(1) Parliament may, by law, provide\nfor the adjudication or trial by administrative tribunals of disputes and\ncomplaints with respect to recruitment and conditions of service of persons\nappointed to public services and posts in connection with the affairs of the\nUnion or of any State or of any local or other authority within the territory of\nIndia or under the control of the Government of India or of any corporation\nowned or controlled by the Government.\n (2) A law made under clause (1) may—\n (a) provide for the establishment of an administrative tribunal for the\n Union and a separate administrative tribunal for each State or for two or\n more States;\n (b) specify the jurisdiction, powers (including the power to punish for\n contempt) and authority which may be exercised by each of the said\n tribunals;\n (c) provide for the procedure (including provisions as to limitation\n and rules of evidence) to be followed by the said tribunals;\n (d) exclude the jurisdiction of all courts, except the jurisdiction of the\n Supreme Court under article 136, with respect to the disputes or\n complaints referred to in clause (1);\n (e) provide for the transfer to each such administrative tribunal of any\n cases pending before any court or other authority immediately before the\n establishment of such tribunal as would have been within the jurisdiction\n of such tribunal if the causes of action on which such suits or\n proceedings are based had arisen after such establishment;\n (f) repeal or amend any order made by the President under clause (3)\n of article 371D;\n (g) contain such supplemental, incidental and consequential\n provisions (including provisions as to fees) as Parliament may deem\n necessary for the effective functioning of, and for the speedy disposal of\n cases by, and the enforcement of the orders of, such tribunals.\n184 THE CONSTITUTION OF INDIA\n\n (3) The provisions of this article shall have effect notwithstanding\nanything in any other provision of this Constitution or in any other law for the\ntime being in force.",
"footnote": "",
"is_definition": false,
"sort_order": 3650
},
{
"number": "323B",
"title": "Article 323B. Tribunals for other matters.",
"chapter": null,
"content": "(1) The appropriate Legislature\nmay, by law, provide for the adjudication or trial by tribunals of any disputes,\ncomplaints, or offences with respect to all or any of the matters specified in\nclause (2) with respect to which such Legislature has power to make laws.\n (2) The matters referred to in clause (1) are the following, namely:—\n (a) levy, assessment, collection and enforcement of any tax;\n (b) foreign exchange, import and export across customs frontiers;\n (c) industrial and labour disputes;\n (d) land reforms by way of acquisition by the State of any estate as\n defined in article 31A or of any rights therein or the extinguishment or\n modification of any such rights or by way of ceiling on agricultural land\n or in any other way;\n (e) ceiling on urban property;\n (f) elections to either House of Parliament or the House or either\n House of the Legislature of a State, but excluding the matters referred to\n in article 329 and article 329A;\n (g) production, procurement, supply and distribution of food-stuffs\n (including edible oilseeds and oils) and such other goods as the President\n may, by public notification, declare to be essential goods for the purpose\n of this article and control of prices of such goods;\n 1[(h) rent, its regulation and control and tenancy issues including the\n right, title and interest of landlords and tenants;]\n 2[(i)]offences against laws with respect to any of the matters\n specified in sub-clauses ( a) to 3[(h)]and fees in respect of any of those\n matters;\n\n185 THE CONSTITUTION OF INDIA\n\n\n 1[(j)] any matter incidental to any of the matters specified in\n sub-clauses ( a) to 2[(i)].\n (3) A law made under clause (1) may—\n (a) provide for the establishment of a hierarchy of tribunals;\n (b) specify the jurisdiction, powers (including the power to punish for\n contempt) and authority which may be exercised by each of the said\n tribunals;\n (c) provide for the procedure (including provisions as to limitation\n and rules of evidence) to be followed by the said tribunals;\n (d) exclude the jurisdiction of all courts, except the jurisdiction of the\n Supreme Court under article 136, with respect to all or any of the matters\n falling within the jurisdiction of the said tribunals;\n (e) provide for the transfer to each such tribunal of any cases pending\n before any court or any other authority immediately before the\n establishment of such tribunal as would have been within the jurisdiction\n of such tribunal if the causes of action on which such suits or\n proceedings are based had arisen after such establishment;\n (f) contain such supplemental, incidental and consequential\n provisions (including provisions as to fees) as the appropriate\n Legislature may deem necessary for the effective functioning of, and for\n the speedy disposal of cases by, and the enforcement of the orders of,\n such tribunals.\n (4) The provisions of this article shall have effect notwithstanding\nanything in any other provision of this Constitution or in any other law for the\ntime being in force.\n Explanation.— In this article, “appropriate Legislature”, in relation to any\nmatter, means Parliament or, as the case may be, a State Legislature competent\nto make laws with respect to such matter in accordance with the provisions of\nPart XI.]",
"footnote": "",
"is_definition": false,
"sort_order": 3660
},
{
"number": "368",
"title": "PART XV - ELECTIONS",
"chapter": "PART XV",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3670
},
{
"number": "324",
"title": "Article 324. Superintendence, direction and control of elections to be vested.",
"chapter": null,
"content": "(1) The superintendence, direction and control\nof the preparation of the electoral rolls for, and the conduct of, all elections to\nParliament and to the Legislature of every State and of elections to the offices\nof President and Vice-President held under this Constitution 1***shall be\nvested in a Commission (referred to in this Constitution as the Election\nCommission).\n (2) The Election Commission shall consist of the Chief Election\nCommissioner and such number of other Election Commissioners, if any, as the\nPresident may from time to time fix and the appointment of the Chief Election\nCommissioner and other Election Commissioners shall, subject to the provisions\nof any law made in that behalf by Parliament, be made by the President.\n (3) When any other Election Commissioner is so appointed the Chief\nElection Commissioner shall act as the Chairman of the Election Commission.\n (4) Before each general election to the House of the People and to the\nLegislative Assembly of each State, and before the first general election and\nthereafter before each biennial election to the Legislative Council of each State\nhaving such Council, the President may also appoint after consultation with the\nElection Commission such Regional Commissioners as he may consider\nnecessary to assist the Election Commission in the performance of the\nfunctions conferred on the Commission by clause (1).\n (5) Subject to the provisions of any law made by Parliament, the conditions\nof service and tenure of office of the Election Commissioners and the Regional\nCommissioners shall be such as the President may by rule determine:\n Provided that the Chief Election Commissioner shall not be removed\nfrom his office except in like manner and on the like grounds as a Judge of the\nSupreme Court and the conditions of service of the Chief Election\nCommissioner shall not be varied to his disadvantage after his appointment:\n\n187 THE CONSTITUTION OF INDIA\n\n Provided further that any other Election Commissioner or a Regional\nCommissioner shall not be removed from office except on the recommendation\nof the Chief Election Commissioner.\n (6) The President, or the Governor 1*** of a State, shall, when so\nrequested by the Election Commission, make available to the Election\nCommission or to a Regional Commissioner such staff as may be necessary for\nthe discharge of the functions conferred on the Election Commission by\nclause (1).",
"footnote": "",
"is_definition": false,
"sort_order": 3680
},
{
"number": "325",
"title": "Article 325. No person to be ineligible for inclusion in, or to claim to be.",
"chapter": null,
"content": "There shall be one general electoral roll for every territorial constituency\nfor election to either House of Parliament or to the House or either House of the\nLegislature of a State and no person shall be ineligible for inclusion in any such\nroll or claim to be included in any special electoral roll for any such\nconstituency on grounds only of religion, race, caste, sex or any of them.",
"footnote": "",
"is_definition": false,
"sort_order": 3690
},
{
"number": "326",
"title": "Article 326. Elections to the House of the People and to the Legislative.",
"chapter": null,
"content": "The elections to\nthe House of the People and to the Legislative Assembly of every State shall be\non the basis of adult suffrage; that is to say, every person who is a citizen of\nIndia and who is not less than 2[eighteen years]of age on such date as may be\nfixed in that behalf by or under any law made by the appropriate Legislature\nand is not otherwise disqualified under this Constitution or any law made by\nthe appropriate Legislature on the ground of non-residence, unsoundness of\nmind, crime or corrupt or illegal practice, shall be entitled to be registered as a\nvoter at any such election.",
"footnote": "",
"is_definition": false,
"sort_order": 3700
},
{
"number": "327",
"title": "Article 327. Power of Parliament to make provision with respect to elections.",
"chapter": null,
"content": "Subject to the provisions of this Constitution, Parliament\nmay from time to time by law make provision with respect to all matters\nrelating to, or in connection with, elections to either House of Parliament or to\nthe House or either House of the Legislature of a State including the\npreparation of electoral rolls, the delimitation of constituencies and all other\nmatters necessary for securing the due constitution of such House or Houses.\n\n188 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 3710
},
{
"number": "328",
"title": "Article 328. Power of Legislature of a State to make provision with respect to.",
"chapter": null,
"content": "Subject to the provisions of this\nConstitution and in so far as provision in that behalf is not made by Parliament,\nthe Legislature of a State may from time to time by law make provision with\nrespect to all matters relating to, or in connection with, the elections to the\nHouse or either House of the Legislature of the State including the preparation\nof electoral rolls and all other matters necessary for securing the due\nconstitution of such House or Houses.",
"footnote": "",
"is_definition": false,
"sort_order": 3720
},
{
"number": "329",
"title": "Article 329. Bar to interference by courts in electoral matters.",
"chapter": null,
"content": "1[Notwithstanding anything in this Constitution 2***—]\n\n (a)the validity of any law relating to the delimitation of\n constituencies or the allotment of seats to such constituencies, made or\n purporting to be made under article 327 or article 328, shall not be called\n in question in any court;\n (b)no election to either House of Parliament or to the House or\n either House of the Legislature of a State shall be called in question\n except by an election petition presented to such authority and in such\n manner as may be provided for by or under any law made by the\n appropriate Legislature.\n\n 3",
"footnote": "",
"is_definition": false,
"sort_order": 3730
},
{
"number": "329A",
"title": "Article 329A. Special provision as to elections to Parliament in the case of.",
"chapter": null,
"content": "Omittedby the Constitution (Forty-fourth\nAmendment ) Act, 1978,s. 36 ( w.e.f. 20-6-1979).",
"footnote": "",
"is_definition": false,
"sort_order": 3740
},
{
"number": "376",
"title": "PART XVI - SPECIAL PROVISIONS RELATING TO CERTAIN",
"chapter": "PART XVI",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3750
},
{
"number": "330",
"title": "Article 330. Reservation of seats for Scheduled Castes and Scheduled Tribes.",
"chapter": null,
"content": "(1) Seats shall be reserved in the House of the\nPeople for —\n (a) the Scheduled Castes;\n 1[(b) the Scheduled Tribes except the Scheduled Tribes in the\n autonomous districts of Assam; and]\n (c) the Scheduled Tribes in the autonomous districts of Assam.\n (2) The number of seats reserved in any State 2[or Union territory]for\nthe Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as\nnearly as may be, the same proportion to the total number of seats allotted to\nthat State 2[or Union territory]in the House of the People as the population of\nthe Scheduled Castes in the State 2[or Union territory]or of the Scheduled\nTribes in the State 2[or Union territory]or part of the State 2[or Union territory],\nas the case may be, in respect of which seats are so reserved, bears to the total\npopulation of the State 2[or Union territory].\n 3[(3) Notwithstanding anything contained in clause (2), the number of\nseats reserved in the House of the People for the Scheduled Tribes in the\nautonomous districts of Assam shall bear to the total number of seats allotted to\nthat State a proportion not less than the population of the Scheduled Tribes in\nthe said autonomous districts bears to the total population of the State.]\n 4[Explanation.— In this article and in article 332, the expression\n“population” means the population as ascertained at the last preceding census\nof which the relevant figures have been published:\n Provided that the reference in this Explanation to the last preceding\ncensus of which the relevant figures have beenpublished shall, until the\nrelevant figures for the first census taken after the year 5[2026]have been\npublished, be construed as a reference to the 6[2001]census.]\n\n190 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 3760
},
{
"number": "330A",
"title": "Article 330A. Reservation of seats for women in the House of the People.",
"chapter": null,
"content": "(1)Seats shall be reserved for women in the House of the People.\n (2) As nearly as may be, one-third of the total number of seats reserved\nunder clause (2) of article 330 shall be reserved for women belonging to the\nScheduled Castes or the Scheduled Tribes.\n (3) As nearly as may be, one-third (including the number of seats\nreserved for women belonging to the Scheduled Castes and the Scheduled\nTribes) of the total number of seats to be filled by direct election to the House\nof the People shall be reserved for women.]",
"footnote": "",
"is_definition": false,
"sort_order": 3770
},
{
"number": "331",
"title": "Article 331. Representation of the Anglo-Indian community in the House of.",
"chapter": null,
"content": "Indian Community in the House of\nthe People. —Notwithstanding anything in article 81, the President may, if he is\nof opinion that the Anglo-Indian community is not adequately represented in\nthe House of the People, nominate not more than two members of that\ncommunity to the House of the People.",
"footnote": "",
"is_definition": false,
"sort_order": 3780
},
{
"number": "332",
"title": "Article 332. Reservation of seats for Scheduled Castes and Scheduled Tribes.",
"chapter": null,
"content": "(1) Seats shall be reserved for 2\nthe Scheduled Castes and the Scheduled Tribes, [except the Scheduled Tribes\nin the autonomous districts of Assam], in the Legislative Assembly of every 3\nState ***.\nLegislative Assembly of the State of Assam. (2) Seats shall be reserved also for the autonomous districts in the\nScheduled Tribes in the Legislative Assembly of any State under clause (1) (3) The number of seats reserved for the Scheduled Castes or the\nshall bear, as nearly as may be, the same proportion to the total number of seats\nin the Assembly as the population of the Scheduled Castes in the State or of the\nScheduled Tribes in the State or part of the State, as the case may be, in respect\nof which seats are so reserved, bears to the total population of the State.\n 4[(3A) Notwithstanding anything contained in clause (3), until the taking\neffect, under article 170, of the re-adjustment, on the basis of the first census\nafter the year 5[2026], of the number of seats in the Legislative Assemblies of\nthe States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats\nwhich shall be reserved for the Scheduled Tribes in the Legislative Assembly\nof any such State shall be,—\n191 THE CONSTITUTION OF INDIA\n\n existence on the date of coming into force of the Constitution (Fifty-(a) if all the seats in the Legislative Assembly of such State in\n seventh Amendment) Act, 1987 (hereafter in this clause referred to as\n the existing Assembly) are held by members of the Scheduled Tribes, all\n the seats except one;\n (b) in any other case, such number of seats as bears to the total\n number of seats, a proportion not less than the number (as on the said\n date) of members belonging to the Scheduled Tribes in the existing\n Assembly bears to the total number of seats in the existing Assembly.]\n\n 1[(3B) Notwithstanding anything contained in clause (3), until the\nre-adjustment, under article 170, takes effect on the basis of the first census\nafter the year 2[2026], of the number of seats in the Legislative Assembly of the\nState of Tripura, the seats which shall be reserved for the Scheduled Tribes in\nthe Legislative Assembly shall be, such number of seats as bears to the total\nnumber of seats, a proportion not less than the number, as on the date of\ncoming into force of the Constitution (Seventy-second Amendment) Act, 1992,\nof members belonging to the Scheduled Tribes in the Legislative Assembly in\nexistence on the said date bears to the total number of seats in that Assembly.]\n (4) The number of seats reserved for an autonomous district in the\nLegislative Assembly of the State of Assam shall bear to the total number of\nseats in that Assembly a proportion not less than the population of the district\nbears to the total population of the State.\n (5) The constituencies for the seats reserved for any autonomous district\nof Assam shall not comprise any area outside that district 3***.\n\n (6) No person who is not a member of a Scheduled Tribe of any\nautonomous district of the State of Assam shall be eligible for election to the\nLegislative Assembly of the State from any constituency of that district 3***:\n\n 4[Provided that for elections to the Legislative Assembly of the State of\n\n192 THE CONSTITUTION OF INDIA\n\nAssam, the representation of the Scheduled Tribes and non-Scheduled Tribes in\nthe constituencies included in the Bodoland Territorial Areas District, so\nnotified, and existing prior to the constitution of Bodoland Territorial Areas\nDistrict, shall be maintained.]",
"footnote": "",
"is_definition": false,
"sort_order": 3790
},
{
"number": "332A",
"title": "Article 332A. Reservation of seats for women in the Legislative Assemblies of.",
"chapter": null,
"content": "(1) Seats shall be reserved for women in the\nLegislative Assembly of every State.(2) As nearly as may be, one-third of the total number of seats reserved\nunder clause (3) of article 332 shall be reserved for women belonging to the\nScheduled Castes or the Scheduled Tribes.(3) As nearly as may be , one-third (including the number of seats\nreserved for women belonging to the Scheduled Castesand the Sceduled\nTribes) of the total number of seats to be filled by direct election in the\nLegislative Assembly of every State shall be reserved for women.]",
"footnote": "",
"is_definition": false,
"sort_order": 3800
},
{
"number": "333",
"title": "Article 333. Representation of the Anglo-Indian community in the.",
"chapter": null,
"content": "Indian community in the\nLegislative Assemblies of the States. —Notwithstanding anything in article\n170, the Governor 2***of a State may, if he is of opinion that the Anglo-Indian\ncommunity needs representation in the Legislative Assembly of the State and is\nnot adequately represented therein, 3[nominate one member of that community\nto the Assembly].",
"footnote": "",
"is_definition": false,
"sort_order": 3810
},
{
"number": "334",
"title": "Article 334. Reservation of seats and special representation to cease after.",
"chapter": null,
"content": "Notwithstanding anything in the foregoing provisions of this\nPart, the provisions of this Constitution relating to—(a) the reservation of seats for the Scheduled Castes and the\n Scheduled Tribes in the House of the People and in the Legislative\n Assemblies of the States; and(b) the representation of the Anglo-Indian community in the\n House of the People and in the Legislative Assemblies of the States by\n nomination,\n\n193 THE CONSTITUTION OF INDIA\nshall cease to have effect on the expiration of a period of 1[eighty yearsin\nrespect of clause (a) and seventy years in respect of clause ( b)]from the\ncommencement of this Constitution:Provided that nothing in this article shall affect any representation in the\nHouse of the People or in the Legislative Assembly of a State until the\ndissolution of the then existing House or Assembly, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 3820
},
{
"number": "334A",
"title": "Article 334A. Reservation of seats for women take effect.",
"chapter": null,
"content": "(1)\nNotwithstanding anything in the foregoing provision of this Part or Part VIII,\nthe provisions of the Constitution relating to the reservation of seats for women\nin the House of the People, the Legislative Assembly of a State and the\nLegislative Assembly of the National Capital Territory of Delhi shall come into\neffect after an exercise of delimitationis undertaken for this purpose after the\nrelevant figures for the firstcensus taken after commencement of the\nConstitution (One Hundred and Sixth Amendment) Act, 2023 have been\npublished and shall cease to have effect on the expiration of a period of fifteen\nyears from such commencement. (2) Subject to the provisions of articles 239AA, 330A and 332A, seats\nreserved for women in the House of the People, the Legislative Assembly of a\nState and the Legislative Assembly of the National Capital Territory of Delhi\nshall 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\nLegislative Assembly of a State and the Legislative Assembly of the National\nCapital Territory of Delhi shall take effect after each subsequent exercise of\ndelimitation as the Parliament may by law determine.(4) Nothing in this article shall affect any representation in the House of\nthe People, the Legislative Assembly of a State or the Legislative Assembly of\nthe National Capital Territory of Delhi until the dissolution of the then existing\nHouse of the People, Legislative Assembly of a State or the Legislative\nAssembly of the National Capital Territory of Delhi.]",
"footnote": "",
"is_definition": false,
"sort_order": 3830
},
{
"number": "335",
"title": "Article 335. Claims of Scheduled Castes and Scheduled Tribes to services.",
"chapter": null,
"content": "The claims of the members of the Scheduled Castes and the\nScheduled Tribes shall be taken into consideration, consistently with the\nmaintenance of efficiency of administration, in the making of appointments to\nservices and posts in connection with the affairs of the Union or of a State:\n\n194 THE CONSTITUTION OF INDIA\n\n 1[Provided that nothing in this article shall prevent in making of any\nprovision in favour of the members of the Scheduled Castes and the Scheduled\nTribes for relaxation in qualifying marks in any examination or lowering the\nstandards of evaluation, for reservation in matters or promotion to any class or\nclasses of services or posts in connection with the affairs of the Union or of a State.]",
"footnote": "",
"is_definition": false,
"sort_order": 3840
},
{
"number": "336",
"title": "Article 336. Special provision for Anglo-Indian community in certain.",
"chapter": null,
"content": "Indian community in certain\n\nservices.—(1) During the first two years after the commencement of this\nConstitution, appointments of members of the Anglo-Indian community to posts\nin the railway, customs, postal and telegraph services of the Union shall be made\non the same basis as immediately before the fifteenth day of August, 1947. During every succeeding period of two years, the number of posts\n\nreserved for the members of the said community in the said services shall, as\nnearly as possible, be less by ten per cent. than the numbers so reserved during\nthe immediately preceding period of two years:Provided that at the end of ten years from the commencement of this\nConstitution all such reservations shall cease.\nAnglo-Indian community to posts other than, or in addition to, those reserved (2) Nothing in clause (1) shall bar the appointment of members of the\nfor the community under that clause if such members are found qualified for\nappointment on merit as compared with the members of other communities.",
"footnote": "",
"is_definition": false,
"sort_order": 3850
},
{
"number": "337",
"title": "Article 337. Special provision with respect to educational grants for the.",
"chapter": null,
"content": "Indian community. —During the first three financial years\nafter the commencement of this Constitution, the same grants, if any, shall be\nmade by the Union and by each State 2***for the benefit of the Anglo-Indian\ncommunity in respect of education as were made in the financial year ending\non the thirty-first day of March, 1948.\nten per cent. than those for the immediately preceding period of three years:During every succeeding period of three years the grants may be less by\n\nConstitution such grants, to the extent to which they are a special concession to Provided that at the end of ten years from the commencement of this\nthe Anglo-Indian community, shall cease:\nreceive any grant under this article unless at least forty per cent. of the annual Provided further that no educational institution shall be entitled to\n\nadmissions therein are made available to members of communities other than\nthe Anglo-Indian community.\n\n195 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 3860
},
{
"number": "338",
"title": "Article 338. National Commission for Scheduled Castes.",
"chapter": null,
"content": "2[3[(1) There\nshall be a Commission for the Scheduled Castes to be known as the National\nCommission for the Scheduled Castes.\nParliament, the Commission shall consist of a Chairperson, Vice-Chairperson (2) Subject to the provisions of any law made in this behalf by\nand three other Members and the conditions of service and tenure of office of\nthe Chairperson, Vice-Chairperson and other Members so appointed shall be\nsuch as the President may by rule determine.]\nCommission shall be appointed by the President by warrant under his hand and seal.(3) The Chairperson, Vice-Chairperson and other Members of the\n\n (4) The Commission shall have the power to regulate its own procedure.\n (5) It shall be the duty of the Commission—\n provided for the Scheduled Castes(a) to investigate and monitor all matters relating to the safeguards 4***under this Constitution or under\n any other law for the time being in force or under any order of the\n Government and to evaluate the working of such safeguards;\n (b) to inquire into specific complaints with respect to the\n deprivation of rights and safeguards of the Scheduled Castes 4***;\n (c) to participate and advise on the planning process of\n socio-economic development of the Scheduled Castes 1***and to\n evaluate the progress of their development under the Union and any\n State;\n Commission may deem fit, reports upon the working of those safeguards;(d) to present to the President, annually and at such other times as the\n\n should be taken by the Union or any State for the effective implementation of (e) to make in such reports recommendations as to the measures that\n\n196 THE CONSTITUTION OF INDIA\n\n those safeguards and other measures for the protection, welfare and 1\n socio-economic development of the Scheduled Castes(f) to discharge such other functions in relation to the protection, welfare ***; and\n and development and advancement of the Scheduled Castes 1***as the President\n may, subject to the provisions of any law made by Parliament, by rule specify.\nHouse of Parliament along with a memorandum explaining the action taken or (6) The President shall cause all such reports to be laid before each\nproposed to be taken on the recommendations relating to the Union and the\nreasons 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\nwhich any State Government is concerned, a copy of such report shall be\nforwarded to the Governor of the State who shall cause it to be laid before the\nLegislature of the State along with a memorandum explaining the action taken\nor proposed to be taken on the recommendations relating to the State and the\nreasons for the non-acceptance, if any, of any of such recommendations.(8) The Commission shall, while investigating any matter referred to in\nsub-clause ( a) or inquiring into any complaint referred to in sub-clause ( b) of\nclause (5), have all the powers of a civil court trying a suit and in particular in\nrespect of the following matters, namely:—(a) summoning and enforcing the attendance of any person from\n any part of India and examining him on oath;(b) requiring the discovery and production of any document;\n (c) receiving evidence on affidavits;\n court or office;(d) requisitioning any public record or copy thereof from any\n documents;(e) issuing commissions for the examination of witnesses and\n (9) The Union and every State Government shall consult the (f) any other matter which the President may, by rule, determine.\nCommission on all major policy matters affecting Scheduled Castes 1***].\n 2[(10)]In this article, references to the Scheduled Castes 1***shall be\nconstrued as including references 3***to the Anglo-Indian community.",
"footnote": "",
"is_definition": false,
"sort_order": 3870
},
{
"number": "338A",
"title": "Article 338A. National Commission for Scheduled Tribes.",
"chapter": null,
"content": "(1) There shall\nbe a Commission for the Scheduled Tribes to be known as the National\nCommission for the Scheduled Tribes.\n197 THE CONSTITUTION OF INDIA\n\n (2) Subject to the provisions of any law made in this behalf by\nParliament, the Commission shall consist of a Chairperson, Vice-Chairperson\nand three other Members and the conditions of service and tenure of office of\nthe Chairperson, Vice-Chairperson and other Members so appointed shall be\nsuch as the President may by rule determine.\n (3) The Chairperson, Vice-Chairperson and other Members of the\nCommission shall be appointed by the President by warrant under his hand and seal.\n (4) The Commission shall have the power to regulate its own procedure.\n (5) It shall be the duty of the Commission—\n safeguards provided for the Scheduled Tribes under this Constitution or (a)to investigate and monitor all matters relating to the\n under any other law for the time being in force or under any order of the\n Government and to evaluate the working of such safeguards;\n deprivation of rights and safeguards of the Scheduled Tribes; (b)to inquire into specific complaints with respect to the\n\n socio-economic development of the Scheduled Tribes and to evaluate the (c) to participate and advise on the planning process of\n progress of their development under the Union and any State;\n the Commission may deem fit, reports upon the working of those (d) to present to the President, annually and at such other times as\n safeguards;\n measures that should be taken by the Union or any State for the (e) to make in such reports recommendationsas to the\n effective implementation of those safeguards and other measures\n for the protection, welfare and socio-economic development of the\n Scheduled Tribes; and\n welfare and development and advancement of the Scheduled Tribes as (f) to discharge such other functions in relation to the protection,\n the President may, subject to the provisions of any law made by\n Parliament, by rule specify.\n (6) The President shall cause all such reports to be laid before each\nHouse of Parliament along with a memorandum explaining the action taken or\nproposed to be taken on the recommendations relating to the Union and the\nreasons for the non-acceptance, if any, of any such recommendations.\nwith which any State Government is concerned, a copy of such report shall be (7) Where any such report, or any part thereof, relates to any matter\nforwarded to the Governor of the State who shall cause it to be laid before the\nLegislature of the State along with a memorandum explaining the action taken\nor proposed to be taken on the recommendations relating to the State and the\nreasons for the non-acceptance, if any, of any of such recommendations.\n198 THE CONSTITUTION OF INDIA\n\nsub-clause ((8) The Commission shall, while investigating any matter referred to in a) or inquiring into any complaint referred to in sub-clause (b) of\nclause (5), have all the powers of a civil court trying a suit and in particular in\nrespect of the following matters, namely:—\n any part of India and examining him on oath;(a) summoning and enforcing the attendance of any person from\n\n (b)requiring the discovery and production of any document;\n (c) receiving evidence on affidavits;\n court or office;(d) requisitioning any public record or copy thereof from any\n\n (e) issuing commissions for the examination of witnesses and documents;\n (f)any other matter which the President may, by rule, determine.\nCommission on all major policy matters affecting Scheduled Tribes.](9) The Union and every State Government shall consult the",
"footnote": "",
"is_definition": false,
"sort_order": 3880
},
{
"number": "338B",
"title": "Article 338B. National Commission for Backward Classes.",
"chapter": null,
"content": "(1)There shall\nbe a Commission for the socially and educationally backward classes to be\nknown as the National Commission for Backward Classes.\nParliament, the Commission shall consist of a Chairperson, Vice-Chairperson (2) Subject to the provisions of any law made in this behalf by\nandthreeother Members and the conditions of service andtenure of office of\nthe Chairperson, Vice-Chairperson and other Members so appointed shall be\nsuch as the President may byrule determine.(3) The Chairperson, Vice-Chairperson and other Members of the\nCommission shall be appointed by the President by warrant under his hand and\nseal.\n (4) The Commission shall have the power to regulate its own procedure.\n (5) It shall be the duty of the Commission—\n provided for the socially and educationally backward classes under this (a) to investigate and monitor all matters relating to the safeguards\n\n Constitution or under any other law for the time being in force or under\n any order of the Government and to evaluate the working of such\n safeguards;(b) to inquire into specific complaints with respect to the\n\n deprivation of rights and safeguards of the socially and educationally\n backward classes;\n (c) to participate and advise on the socio-economic development\n of the socially and educationally backward classes and to evaluate the\n progress of their development under the Union and any State;\n199 THE CONSTITUTION OF INDIA\n\n (d) to present to the President, annually and at such other times as\n the Commission may deem fit, reports upon the working of those\n safeguards;\n (e) to make in such reports the recommendations as to the\n measures that should be taken by the Union or any State for the effective\n implementation of those safeguards and other measures for the\n protection, welfare and socio-economic development of the socially and\n educationally backward classes; and\n welfare and development and advancement of the socially and (f) to discharge such other functions in relation to the protection,\n educationally backward classesas the President may, subject to the\n provisions of any law made by Parliament, by rule specify.\nHouse of Parliament along with a memorandum explaining the action taken or (6) The President shall cause all such reports to be laid before each\nproposed to be taken on the recommendations relating to the Union and the\nreasons for the non-acceptance, if any, of any such recommendations.(7) Where any such report, or any part thereof, relates to any matter with\nwhich any State Government is concerned, a copy of such report shall be\nforwarded to the State Government which shall cause it to be laid before the\nLegislature of the State along with a memorandum explaining the action taken\nor proposed to be taken on the recommendations relating to the State and the\nreasons for the non-acceptance, ifany, of any of such recommendations.(8) The Commission shall, while investigating any matter referred to in\nsub-clause ( a) or inquiring into any complaint referred to in sub-clause ( b) of\nclause (5), have all the powers of a civil court trying a suit and in particular in\nrespect of the following matters, namely :—\n any part of India and examining him on oath;(a) summoning and enforcing the attendance of any person from\n\n (b) requiring the discovery and production of any document;\n (c) receiving evidence on affidavits;\n court or office;(d) requisitioning any public record or copy thereof from any\n\n documents;(e) issuing commissions for the examination of witnesses and\n\n (f) any other matter which the President may by rule,determine.\nCommission on all major policy matters affecting the socially and (9) The Union and every State Government shall consult the\neducationally backward classes:]\n200 THE CONSTITUTION OF INDIA\n\n 1[Provided that nothing in this clause shall apply for the purposes of\nclause (3) of article 342A.]\nAreas and the welfare of Scheduled Tribes.",
"footnote": "",
"is_definition": false,
"sort_order": 3890
},
{
"number": "339",
"title": "Article 339. Control of the Union over the administration of Scheduled Areas.",
"chapter": null,
"content": "(1) The President may at any\ntime and shall, at the expiration of ten years from the commencement of this\nConstitution by order appoint a Commission to report on the administration of\nthe Scheduled Areas and the welfare of the Scheduled Tribes in the States 2***.\nCommission and may contain such incidental or ancillary provisions as the The order may define the composition, powers and procedure of the\nPresident may consider necessary or desirable.\n (2) The executive power of the Union shall extend to the giving of\ndirections to 3[a State] as to the drawing up and execution of schemes specified\nin the direction to be essential for the welfare of the Scheduled Tribes in the\nState.\nbackward classes.",
"footnote": "",
"is_definition": false,
"sort_order": 3900
},
{
"number": "340",
"title": "Article 340. Appointment of a Commission to investigate the conditions of.",
"chapter": null,
"content": "(1) The President may by order appoint a Commission\nconsisting of such persons as he thinks fit to investigate the conditions of\nsocially and educationally backward classes within the territory of India and the\ndifficulties under which they labour and to make recommendations as to the\nsteps that should be taken by the Union or any State to remove such difficulties\nand to improve their condition and as to the grants that should be made for the\npurpose by the Union or any State and the conditions subject to which such\ngrants should be made, and the order appointing such Commission shall define\nthe procedure to be followed by the Commission.(2) A Commission so appointed shall investigate the matters referred to\nthem and present to the President a report setting out the facts as found by them\nand making such recommendations as they think proper.(3) The President shall cause a copy of the report so presented together\nwith a memorandum explaining the action taken thereon to be laid before each\nHouse of Parliament.",
"footnote": "",
"is_definition": false,
"sort_order": 3910
},
{
"number": "341",
"title": "Article 341. Scheduled Castes.",
"chapter": null,
"content": "(1) The President 4[may with respect to any\nState 5[or Union territory], and where it is a State 2***, after consultation with\n201 THE CONSTITUTION OF INDIA\nthe Governor 1*** thereof], by public notification 2, specify the castes, races or\ntribes or parts of or groups within castes, races or tribes which shall for the\npurposes of this Constitution be deemed to be Scheduled Castes in relation to\nthat State 3[or Union territory, as the case may be.]\nScheduled Castes specified in a notification issued under clause (1) any caste, (2) Parliament may by law include in or exclude from the list of\nrace or tribe or part of or group within any caste, race or tribe, but save as\naforesaid a notification issued under the said clause shall not be varied by any\nsubsequent notification.",
"footnote": "",
"is_definition": false,
"sort_order": 3920
},
{
"number": "342",
"title": "Article 342. Scheduled Tribes.",
"chapter": null,
"content": "(1) The President 4[may with respect to any\nState 3[or Union territory], and where it is a State 45***, after consultation with\nthe Governor 31***thereof], by public notification 6,5 specify the tribes or tribal\ncommunities or parts of or groups within tribes or tribal communities which\nshall for the purposes of this Constitution be deemed to be Scheduled Tribes in 3\nrelation to that State (2) Parliament may by law include in or exclude from the list of [or Union territory, as the case may be.]\nScheduled Tribes specified in a notification issued under clause (1) any tribe or\ntribal community or part of or group within any tribe or tribal community, but\nsave as aforesaid a notification issued under the said clause shall not be varied\nby any subsequent notification.\n202 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 3930
},
{
"number": "342A",
"title": "Article 342A. Sociallyand educationally backward classes.",
"chapter": null,
"content": "(1) The\nPresident may with respect to any State or Union territory, and where it is a\nState, after consultation with the Governor thereof, by public notification,\nspecify 2[the socially and educationally backward classes in the Central List\nwhich shall for the purposes of the Central Government]be deemed to be\nsocially and educationally backward classes in relation to that State or Union\nterritory, as the case may be. (2) Parliament may by law include in or exclude from the Central List of\nsocially and educationally backward classes specified in a notification issued\nunder clause (1) any socially and educationally backward class, but save as\naforesaid a notification issued under the said clause shall not be varied by any\nsubsequent notification.]\n 3[Explanation .—For the purposes of clauses (1) and (2), the expression\n“Central List” means the list of socially and educationally backward classes\nprepared and maintained by and for the Central Government.\nUnion territory may, by law, prepare and maintain,for its own purposes, a list (3)Notwithstanding any contained in clauses (1) and (2), every State or\nof socially and educationally backward classes, entries in which may be\ndifferent from the Central List.]",
"footnote": "",
"is_definition": false,
"sort_order": 3940
},
{
"number": "396",
"title": "PART XVII - OFFICIAL LANGUAGE",
"chapter": "PART XVII",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3950
},
{
"number": "397",
"title": "CHAPTER I - L ANGUAGE OF THE UNION",
"chapter": "CHAPTER I",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3960
},
{
"number": "343",
"title": "Article 343. Official language of the Union.",
"chapter": null,
"content": "(1) The official language of the\nUnion shall be Hindi in Devanagari script.\n The form of numerals to be used for the official purposes of the Union\nshall be the international form of Indian numerals.\n (2) Notwithstanding anything in clause (1), for a period of fifteen years\nfrom the commencement of this Constitution, the English language shall\ncontinue to be used for all the official purposes of the Union for which it was\nbeing used immediately before such commencement:\n Provided that the President may, during the said period, by order 1\nauthorise the use of the Hindi language in addition to the English language and\nof the Devanagari form of numerals in addition to the international form of\nIndian numerals for any of the official purposes of the Union.\nprovide for the use, after the said period of fifteen years, of—(3) Notwithstanding anything in this article, Parliament may by law\n\n (a) the English language;or\n (b) the Devanagari form of numerals,\n for such purposes as may be specified in the law.\nlanguage.",
"footnote": "",
"is_definition": false,
"sort_order": 3970
},
{
"number": "344",
"title": "Article 344. Commission and Committee of Parliament on official language.",
"chapter": null,
"content": "(1) The President shall, at the expiration of five years from the\n\ncommencement of this Constitution and thereafter at the expiration of ten years\nfrom such commencement, by order constitute a Commission which shall\nconsist of a Chairman and such other members representing the different\nlanguages specified in the Eighth Schedule as the President may appoint, and\nthe order shall define the procedure to be followed by the Commission.\n (2) It shall be the duty of the Commission to make recommendations to\nthe President as to—\n (a) the progressive use of the Hindi language for the official\n purposes of the Union;\n (b) restrictions on the use of the English language for all or any of\n the official purposes of the Union;\n (c) the language to be used for all or any of the purposes\n mentioned in article 348;\n204 THE CONSTITUTION OF INDIA\n\n (d) the form of numerals to be used for any one or more specified\n purposes of the Union;\n (e) any other matter referred to the Commission by the President\n as regards the official language of the Union and the language for\n communication between the Union and a State or between one State and\n another and their use.\n (3) In making their recommendations under clause (2), the Commission\nshall have due regard to the industrial, cultural and scientific advancement of\nIndia, and the just claims and the interests of persons belonging to the\nnon-Hindi speaking areas in regard to the public services.\n (4) There shall be constituted a Committee consisting of thirty members,\nof whom twenty shall be members of the House of the People and ten shall be\nmembers of the Council of States to be elected respectively by the members of\nthe House of the People and the members of the Council of States in\naccordance with the system of proportional representation by means of the\nsingle transferable vote.\n (5) It shall be the duty of the Committee to examine the\nrecommendations of the Commission constituted under clause (1) and to report\nto the President their opinion thereon.\n (6) Notwithstanding anything in article 343, the President may, after\nconsideration of the report referred to in clause (5), issue directions in\naccordance with the whole or any part of that report.",
"footnote": "",
"is_definition": false,
"sort_order": 3980
},
{
"number": "400",
"title": "CHAPTER II - REGIONAL LANGUAGES",
"chapter": "CHAPTER II",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3990
},
{
"number": "345",
"title": "Article 345. Official language or languages of a State.",
"chapter": null,
"content": "Subject to the\nprovisions of articles 346 and 347, the Legislature of a State may by law adopt\nany one or more of the languages in use in the State or Hindi as the language or\nlanguages to be used for all or any of the official purposes of that State:\n Provided that, until the Legislature of the State otherwise provides by\nlaw, the English language shall continue to be used for those official purposes\nwithin the State for which it was being used immediately before the\ncommencement of this Constitution.",
"footnote": "",
"is_definition": false,
"sort_order": 4000
},
{
"number": "346",
"title": "Article 346. Official language for communication between one State and.",
"chapter": null,
"content": "The language for the time being\nauthorised for use in the Union for official purposes shall be the official\nlanguage for communication between one State and another State and between\na State and the Union:\n205 THE CONSTITUTION OF INDIA\n\n Provided that if two or more States agree that the Hindi language should\nbe the official language for communication between such States, that language\nmay be used for such communication.",
"footnote": "",
"is_definition": false,
"sort_order": 4010
},
{
"number": "347",
"title": "Article 347. Special provision relating to language spoken by a section of the.",
"chapter": null,
"content": "On a demand being made in that behalf the President\nmay, if he is satisfied that a substantial proportion of the population of a State\ndesire the use of any language spoken by them to be recognised by that State,\ndirect that such language shall also be officially recognised throughout that\nState or any part thereof for such purpose as he may specify.",
"footnote": "",
"is_definition": false,
"sort_order": 4020
},
{
"number": "404",
"title": "CHAPTER III - LANGUAGE OF THE SUPREME COURT,",
"chapter": "CHAPTER III",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4030
},
{
"number": "348",
"title": "Article 348. Language to be used in the Supreme Court and in the High.",
"chapter": null,
"content": "(1) Notwithstanding anything in the\nforegoing provisions of this Part, until Parliament by law otherwise provides—\n (a) all proceedings in the Supreme Court and in every High Court;\n (b) the authoritative texts—\n (i) of all Bills to be introduced or amendments thereto to be\n moved in either House of Parliament or in the House or either\n House of the Legislature of a State;\n (ii) of all Acts passed by Parliament or the Legislature of a\n State and of all Ordinances promulgated by the President or the\n Governor 1***of a State;and\n (iii) of all orders, rules, regulations and bye-laws issued\n under this Constitution or under any law made by Parliament or\n the Legislature of a State,\n shall be in the English language.\n (2) Notwithstanding anything in sub-clause ( a) of clause (1), the\nGovernor 1***of a State may, with the previous consent of the President,\nauthorise the use of the Hindi language, or any other language used for any\nofficial purposes of the State, in proceedings in the High Court having its\nprincipal seat in that State:\n\n206 THE CONSTITUTION OF INDIA\n\n Provided that nothing in this clause shall apply to any judgment, decree\nor order passed or made by such High Court.\n (3) Notwithstanding anything in sub-clause ( b) of clause (1), where the\nLegislature of a State has prescribed any language other than the English\nlanguage for use in Bills introduced in, or Acts passed by, the Legislature of the\nState or in Ordinances promulgated by the Governor 1*** of the State or in any\norder, rule, regulation or bye-law referred to in paragraph ( iii) of that sub-clause,\na translation of the same in the English language published under the authority of\nthe Governor 1***of the State in the Official Gazette of that State shall be\ndeemed to be the authoritative text thereof in the English language under this\narticle.",
"footnote": "",
"is_definition": false,
"sort_order": 4040
},
{
"number": "349",
"title": "Article 349. Special procedure for enactment of certain laws relating to.",
"chapter": null,
"content": "During the period of fifteen years from the commencement of this\nConstitution, no Bill or amendment making provision for the language to be\nused for any of the purposes mentioned in clause (1) of article 348 shall be\nintroduced or moved in either House of Parliament without the previous\nsanction of the President, and the President shall not give his sanction to the\nintroduction of any such Bill or the moving of any such amendment except\nafter he has taken into consideration the recommendations of the Commission\nconstituted under clause (1) of article 344 and the report of the Committee\nconstituted under clause (4) of that article.",
"footnote": "",
"is_definition": false,
"sort_order": 4050
},
{
"number": "407",
"title": "CHAPTER IV - SPECIAL DIRECTIVES",
"chapter": "CHAPTER IV",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4060
},
{
"number": "408",
"title": "PART XVIII - EMERGENCY PROVISIONS",
"chapter": "PART XVIII",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4070
},
{
"number": "352",
"title": "Article 352. Proclamation of Emergency.",
"chapter": null,
"content": "(1) If the President is satisfied that\na grave emergency exists whereby the security of India or of any part of the\nterritory thereof is threatened, whether by war or external aggression or 1[armed\nrebellion], he may, by Proclamation, make a declaration to that effect 2[in\nrespect of the whole of India or of such part of the territory thereof as may be\nspecified in the Proclamation.]\n\n 3[Explanation. —A Proclamation of Emergency declaring that the\nsecurity of India or any part of the territory thereof is threatened by war or by\nexternal aggression or by armed rebellion may be made before the actual\noccurrence of war or of any such aggression or rebellion, if the President is\nsatisfied that there is imminent danger thereof.]\n\n 4[(2) A Proclamation issued under clause (1) may be varied or revoked\nby a subsequent Proclamation.\n (3) The President shall not issue a Proclamation under clause (1) or a\nProclamation varying such Proclamation unless the decision of the Union\nCabinet (that is to say, the Council consisting of the Prime Minister and other\nMinisters of Cabinet rank appointed under article 75) that such a Proclamation\nmay be issued has been communicated to him in writing.\n (4) Every Proclamation issued under this article shall be laid before each\nHouse of Parliament and shall, except where it is a Proclamation revoking a\nprevious Proclamation, cease to operate at the expiration of one month unless\nbefore the expiration of that period it has been approved by resolutions of both\nHouses of Parliament:\n\n209 THE CONSTITUTION OF INDIA\n\n Provided that if any such Proclamation (not being a Proclamation\nrevoking a previous Proclamation) is issued at a time when the House of the\nPeople has been dissolved, or the dissolution of the House of the People takes\nplace during the period of one month referred to in this clause, and if a\nresolution approving the Proclamation has been passed by the Council of\nStates, but no resolution with respect to such Proclamation has been passed by\nthe House of the People before the expiration of that period, the Proclamation\nshall cease to operate at the expiration of thirty days from the date on which the\nHouse of the People first sits after its reconstitution, unless before the\nexpiration of the said period of thirty days a resolution approving the\nProclamation has been also passed by the House of the People.\n (5) A Proclamation so approved shall, unless revoked, cease to operate\non the expiration of a period of six months from the date of the passing of the\nsecond of the resolutions approving the Proclamation under clause (4):\n Provided that if and so often as a resolution approving the continuance in\nforce of such a Proclamation is passed by both Houses of Parliament the\nProclamation shall, unless revoked, continue in force for a further period of six\nmonths from the date on which it would otherwise have ceased to operate under\nthis clause:\n Provided further that if the dissolution of the House of the People takes\nplace during any such period of six months and a resolution approving the\ncontinuance in force of such Proclamation has been passed by the Council of\nStates but no resolution with respect to the continuance in force of such\nProclamation has been passed by the House of the People during the said\nperiod, the Proclamation shall cease to operate at the expiration of thirty days\nfrom the date on which the House of the People first sits after its reconstitution\nunless before the expiration of the said period of thirty days, a resolution\napproving the continuance in force of the Proclamation has been also passed\nby the House of the People.\n (6) For the purposes of clauses (4) and (5), a resolution may be passed\nby either House of Parliament only by a majority of the total membership of\nthat House and by a majority of not less than two-thirds of the Members of that\nHouse present and voting.\n (7) Notwithstanding anything contained in the foregoing clauses, the\nPresident shall revoke a Proclamation issued under clause (1) or a Proclamation\nvarying such Proclamation if the House of the People passes a resolution\ndisapproving, or, as the case may be, disapproving the continuance in force of,\nsuch Proclamation.\n210 THE CONSTITUTION OF INDIA\n\n (8) Where a notice in writing signed by not less than one-tenth of the\ntotal number of members of the House of the People has been given, of their\nintention to move a resolution for disapproving, or, as the case may be, for\ndisapproving the continuance in force of, a Proclamation issued under\nclause (1) or a Proclamation varying such Proclamation,—\n (a) to the Speaker, if the House is in session; or\n (b) to the President, if the House is not in session,\na special sitting of the House shall be held within fourteen days from the date\non which such notice is received by the Speaker, or, as the case may be, by the\nPresident, for the purpose of considering such resolution.]\n 1[(9) The power conferred on the President by this article shall include\nthe power to issue different Proclamations on different grounds, being war or\nexternal aggression or 2[armed rebellion]or imminent danger of war or external\naggression or 2[armed rebellion], whether or not there is a Proclamation\nalready issued by the President under clause (1) and such Proclamation is in\noperation.\n\n 1* * * * ****",
"footnote": "",
"is_definition": false,
"sort_order": 4080
},
{
"number": "353",
"title": "Article 353. Effect of Proclamation of Emergency.",
"chapter": null,
"content": "While a Proclamation\nofEmergency is in operation, then—\n (a) notwithstanding anything in this Constitution, the executive\n power of the Union shall extend to the giving of directions to any State\n as to the manner in which the executive power thereof is to be\n exercised;\n (b) the power of Parliament to make laws with respect to any\n matter shall include power to make laws conferring powers and\n imposing duties, or authorising the conferring of powers and the\n imposition of duties, upon the Union or officers and authorities of the\n Union as respects that matter, notwithstanding that it is one which is not\n enumerated in the Union List:\n\n211 THE CONSTITUTION OF INDIA\n\n\n 1[Provided that where a Proclamation of Emergency is in operation only\nin any part of the territory of India,—\n (i) the executive power of the Union to give directions under\n clause ( a), and\n (ii) the power of Parliament to make laws under clause ( b),\nshall also extend to any State other than a State in which or in any part of\nwhich the Proclamation of Emergency is in operation if and in so far as the\nsecurity of India or any part of the territory thereof is threatened by activities in\nor in relation to the part of the territory of India in which the Proclamation of\nEmergency is in operation.]\n 354. Application of provisions relating to distribution of revenues\nwhile a Proclamation of Emergency is in operation.— (1) The President\nmay, while a Proclamation of Emergency is in operation, by order direct that\nall or any of the provisions of articles 268 to 279 shall for such period, not\nextending in any case beyond the expiration of the financial year in which such\nProclamation ceases to operate, as may be specified in the order, have effect\nsubject to such exceptions or modifications as he thinks fit.\n (2) Every order made under clause (1) shall, as soon as may be after it is\nmade, be laid before each House of Parliament.\n 355. Duty of the Union to protect States against external aggression\nand internal disturbance.— It shall be the duty of the Union to protect every\nState against external aggression and internal disturbance and to ensure that the\nGovernment of every State is carried on in accordance with the provisions of\nthis Constitution.\n 356. Provisions in case of failure of constitutional machinery in\nStates.— (1) If the President, on receipt of a report from the Governor 2***of a\nState or otherwise, is satisfied that a situation has arisen in which the\nGovernment of the State cannot be carried on in accordance with the\nprovisions of this Constitution, the President may by Proclamation—\n212 THE CONSTITUTION OF INDIA\n\n (a) assume to himself all or any of the functions of the\n Government of the State and all or any of the powers vested in or\n exercisable by the Governor 1***or any body or authority in the State\n other than the Legislature of the State;\n (b)declare that the powers of the Legislature of the State shall be\n exercisable by or under the authority of Parliament;\n (c) make such incidental and consequential provisions as appear\n to the President to be necessary or desirable for giving effect to the\n objects of the Proclamation, including provisions for suspending in\n whole or in part the operation of any provisions of this Constitution\n relating to any body or authority in the State:\n Provided that nothing in this clause shall authorise the President to\nassume to himself any of the powers vested in or exercisable by a High Court,\nor to suspend in whole or in part the operation of any provision of this\nConstitution relating to High Courts.\n (2) Any such Proclamation may be revoked or varied by a subsequent\nProclamation.\n (3) Every Proclamation under this article shall be laid before each House\nof Parliament and shall, except where it is a Proclamation revoking a previous\nProclamation, cease to operate at the expiration of two months unless before\nthe expiration of that period it has been approved by resolutions of both Houses\nof Parliament:\n Provided that if any such Proclamation (not being a Proclamation\nrevoking a previous Proclamation) is issued at a time when the House of the\nPeople is dissolved or the dissolution of the House of the People takes place\nduring the period of two months referred to in this clause, and if a resolution\napproving the Proclamation has been passed by the Council of States, but no\nresolution with respect to such Proclamation has been passed by the House of\nthe People before the expiration of that period, the Proclamation shall cease to\noperate at the expiration of thirty days from the date on which the House of the\nPeople first sits after its reconstitution unless before the expiration of the said\nperiod of thirty days a resolution approving the Proclamation has been also\npassed by the House of the People.\n\n213 THE CONSTITUTION OF INDIA\n\n (4) A Proclamation so approved shall, unless revoked, cease to operate\non the expiration of a period of 1[six months from the date of issue of the\nProclamation]:\n Provided that if and so often as a resolution approving the continuance in\nforce of such a Proclamation is passed by both Houses of Parliament, the\nProclamation shall, unless revoked, continue in force for afurtherperiodof\n2[six months] from the date on which under this clause it would otherwise have\nceased to operate, but no such Proclamation shall in any case remain in force\nfor more than three years:\n Provided further that if the dissolution of the House of the People takes\nplace during any such period of 2[six months]and a resolution approving the\ncontinuance in force of such Proclamation has been passed by the Council of\nStates, but no resolution with respect to the continuance in force of such\nProclamation has been passed by the House of the People during the said\nperiod, the Proclamation shall cease to operate at the expiration of thirty days\nfrom the date on which the House of the People first sits after its reconstitution\nunless before the expiration of the said period of thirty days a resolution\napproving the continuance in force of the Proclamation has been also passed\nby theHouse of the People:\n 3[Provided also that in the case of the Proclamation issued under\nclause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the\nreference in the first proviso to this clause to “three years” shall be construed\nas a reference to 4[five years].]\n\n\n\n214 THE CONSTITUTION OF INDIA\n\n 1[(5) Notwithstanding anything contained in clause (4), a resolution with\nrespect to the continuance in force of a Proclamation approved under clause (3)\nfor any period beyond the expiration of one year from the date of issue of such\nProclamation shall not be passed by either House of Parliament unless—\n India or, as the case may be, in the whole or any part of the State, at the (a)a Proclamation of Emergency is in operation, in the whole of\n time of the passing of such resolution, and(b)the Election Commission certifies that the continuance in force\n of the Proclamation approved under clause (3) during the period\n specified in such resolution is necessary on account of difficulties in\n holding general elections to the Legislative Assembly of the State\n concerned:]2[Provided that nothing in this clause shall apply to the Proclamation\nissued under clause (1) on the 11th day of May, 1987 with respect to the State\nof Punjab.]357. Exercise of legislative powers under Proclamation issued under\narticle 356.— (1) Where by a Proclamation issued under clause (1) of\narticle 356, it has been declared that the powers of the Legislature of the State\nshall be exercisable by or under the authority of Parliament, it shall be\ncompetent— (a) for Parliament to confer on the President the power of the\n Legislature of the State to make laws, and to authorise the President to\n delegate, subject to such conditions as he may think fit to impose, the\n power so conferred to any other authority to be specified by him in that\n behalf;\n such power to make laws is vested under sub-clause ((b) for Parliament, or for the President or other authority in whom a), to make laws\n conferring powers and imposing duties, or authorising the conferring of\n powers and the imposition of duties, upon the Union or officers and\n authorities thereof;\n (c) for the President to authorise when the House of the People is\n not in session expenditure from the Consolidated Fund of the State\n pending the sanction of such expenditure by Parliament.\n\n215 THE CONSTITUTION OF INDIA\n\n\n 1[(2) Any law made in exercise of the power of the Legislature of the\nState by Parliament or the President or other authority referred to in\nsub-clause ( a) of clause (1) which Parliament or the President or such other\nauthority would not, but for the issue of a Proclamation under article 356, have\nbeen competent to make shall, after the Proclamation has ceased to operate,\ncontinue in force until altered or repealed or amended by a competent\nLegislature or other authority.]\n 358. Suspension of provisions of article 19 during emergencies. —\n2[(1)] 3[While a Proclamation of Emergency declaring that the security of India\nor any part of the territory thereof is threatened by war or by external\naggression is in operation], nothing in article 19 shall restrict the power of the\nState as defined in Part III to make any law or to take any executive action\nwhich the State would but for the provisions contained in that Part be\ncompetent to make or to take, but any law so made shall, to the extent of the\nincompetency, cease to have effect as soon as the Proclamation ceases to\noperate, except as respects things done or omitted to be done before the law so\nceases to have effect:\n 4[Provided that 5[where such Proclamation of Emergency]is in operation\nonly in any part of the territory of India, any such law may be made, or any\nsuch executive action may be taken, under this article in relation to or in any\nState or Union territory in which or in any part of which the Proclamation of\nEmergency is not in operation, if and in so far as the security of India or any\npart of the territory thereof is threatened by activities in or in relation to the part\nof the territory of India in which the Proclamation of Emergency is in\noperation.]\n 6[(2) Nothing in clause (1) shall apply—\n216 THE CONSTITUTION OF INDIA\n\n (a) to any law which does not contain a recital to the effect that\n such law is in relation to the Proclamation of Emergency in operation\n when it is made; or\n (b) to any executive action taken otherwise than under a law\n containing such a recital.]\n 359. Suspensionof the enforcement of the rights conferred by\nPart III during emergencies. —(1) Where a Proclamation of Emergency is in\noperation, the President may by order declare that the right to move any court\nfor the enforcement of such of 1[the rights conferred by Part III (except articles\n20 and 21)]as may be mentioned in the order and all proceedings pending in\nany court for the enforcement of the rights so mentioned shall remain\nsuspended for the period during which the Proclamation is in force or for such\nshorter period as may be specified in the order.\n 2[(1A) While an order made under clause (1) mentioning any of 1[the\nrights conferred by Part III (except articles 20 and 21)]is in operation, nothing\nin that Part conferring those rights shall restrict the power of the State as\ndefined in the said Part to make any law or to take any executive action which\nthe State would but for the provisions contained in that Part be competent to\nmake or to take, but any law so made shall, to the extent of the incompetency,\ncease to have effect as soon as the order aforesaid ceases to operate, except as\nrespects things done or omitted tobe done before the law so ceases to have\neffect:]\n 3[Provided that where a Proclamation of Emergency is in operation only\nin any part of the territory of India, any such law may be made, or any such\nexecutive action may be taken, under this article in relation to or in any State or\nUnion territory in which or in any part of which the Proclamation of\nEmergency is not in operation, if and in so far as the security of India or any\npart of the territory thereof is threatened by activities in or in relation to the part\nof the territory of India in which the Proclamation of Emergency is in\noperation.]\n217 THE CONSTITUTION OF INDIA\n\n\n 1[(1B) Nothing in clause (1A) shall apply—\n (a) to any law which does not contain a recital to the effect that\n such law is in relation to the Proclamation of Emergency in operation\n when it is made; or\n (b) to any executive action taken otherwise than under a law\n containing such a recital.]\n (2) An order made as aforesaid may extend to the whole or any part of\nthe territory of India:\n\n 2[Provided that where a Proclamation of Emergency is in operation only\nin a part of the territory of India, any such order shall not extend to any other\npart of the territory of India unless the President, being satisfied that the\nsecurity of India or any part of the territory thereof is threatened by activities in\nor in relation to the part of the territory of India in which the Proclamation of\nEmergency is in operation, considers such extension to be necessary.]\n (3) Every order made under clause (1) shall, as soon as may be after it is\nmade, be laid before each House of Parliament.\n 3359A. [Application of this Part to the State of Punjab. ].—Omittedby\nthe Constitution (Sixty-third Amendment ) Act, 1989, s.3(w.e.f. 6-1-1990).\n 360. Provisions as to financial emergency.— (1) If the President is\nsatisfied that a situation has arisen whereby the financial stability or credit of\nIndia or of any part of the territory thereof is threatened, he may by a\nProclamation make a declaration to that effect.\n 4[(2) A Proclamation issued under clause (1)—\n (a) may be revoked or varied by a subsequent Proclamation;\n (b) shall be laid before each House of Parliament;\n\n218 THE CONSTITUTION OF INDIA\n\n (c) shall cease to operate at the expiration of two months, unless\n before the expiration ofthat period it has been approved by resolutions\n of both Houses of Parliament:\n Provided that if any such Proclamation is issued at a time when the\nHouse of the People has been dissolved or the dissolution of the House of the\nPeople takes place duringtheperiod oftwo months referred to in\nsub-clause ( c), and if a resolution approving the Proclamation has been passed\nby the Council of States, but no resolution with respect to such Proclamation\nhas been passed by the House of the People before the expiration of that period,\nthe Proclamation shall cease to operate at the expiration of thirty days from the\ndate on which the House of the People first sits after its reconstitution unless\nbefore the expiration of the said period of thirty days a resolution approving the\nProclamation has been also passed by the House of the People.]\n (3) During theperiodany suchProclamation as is mentioned in\nclause (1) is in operation, the executive authority of the Union shall extend to\nthe giving of directions to any State to observe such canons of financial\npropriety as may be specified in the directions, and to the giving of such other\ndirections as the President may deem necessary and adequate for the purpose.\n (4) Notwithstanding anything in this Constitution—\n (a) any such direction may include—\n (i) a provision requiring the reduction of salaries and allowances\n of all or any class of persons serving in connection with the affairs of\n a State;\n (ii) a provision requiring all Money Bills or other Bills to which\n the provisions of article 207 apply to be reserved for the\n consideration of the President after they are passed by the Legislature\n of the State;\n (b) it shall be competent for the President during the period any\n Proclamation issued under this article is in operation to issue directions\n for the reduction of salaries and allowances of all or any class of persons\n serving in connection with the affairs of the Union including the Judges\n of the Supreme Court and the High Courts.\n 1[(5) * * * * *]",
"footnote": "",
"is_definition": false,
"sort_order": 4090
},
{
"number": "411",
"title": "PART XIX - MISCELLANEOUS",
"chapter": "PART XIX",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4100
},
{
"number": "412",
"title": "PART XX - AMENDMENT OF THE CONSTITUTION",
"chapter": "PART XX",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4110
},
{
"number": "413",
"title": "PART XXI - TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS",
"chapter": "PART XXI",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4120
},
{
"number": "371J",
"title": "Article 371J. Special provisions with respect to the State of Karnataka.",
"chapter": null,
"content": "(1) The President may, by order made with respect to the State of Karnataka,\nprovide for any special responsibility of the Governor for —\n (a) establishment of a separate development board for Hyderabad-\n Karnataka region with the provision that a report on the working of the\n board will be placed each year before the State Legislative Assembly;\n (b) equitable allocation of funds for developmental expenditure\n over the said region, subject to the requirements of the State as a whole;\n and\n (c) equitable opportunities and facilities for the people belonging\n to the said region, in matters of public employment, education and\n vocational training, subject to the requirements of the State as a whole.\n (2) An order made under sub-clause (c)of clause (1) may provide for —\n (a) reservation of a proportion of seats educational and vocational\n training institutions in the Hyderabad-Karnataka region for students who\n belong to that region by birth or by domicile; and\n246 THE CONSTITUTION OF INDIA\n\n (b) identification of posts or classes of posts under the State\n Government and in any body or organisation under the control of the\n State Government in the Hyderabad-Karnataka region and reservation of\n a proportion of such posts for persons who belong to that region by birth\n or by domicile and for appointment thereto by direct recruitment or by\n promotion or in any other manner as may be specified in the order.]\n 372. Continuance in force of existing laws and their adaptation.— (1)\nNotwithstanding the repeal by this Constitution of the enactments referred to in\narticle 395 but subject to the other provisions of this Constitution, all the law in\nforce in the territory of India immediately before the commencement of this\nConstitution shall continue in force therein until altered or repealed or amended\nby a competent Legislature or other competent authority.\n (2) For the purpose of bringing the provisions of any law in force in the\nterritory of India into accord with the provisions of this Constitution, the\nPresident may by order make such adaptations and modifications of such law,\nwhether by way of repeal or amendment, as may be necessary or expedient, and\nprovide that the law shall, as from such date as may be specified in the order,\nhave effect subject to the adaptations and modifications so made, and any such\nadaptation or modification shall not be questioned in any court of law.\n (3) Nothing in clause (2) shall be deemed—\n (a) to empower the President to make any adaptation or\n modification of any law after the expiration of 1[three years]from the\n commencement of this Constitution; or\n (b) to prevent any competent Legislature or other competent\n authority from repealing or amending any law adapted or modified by\n the President under the said clause.\n247 THE CONSTITUTION OF INDIA\n\n Explanation I .—The expression “law in force” in this article shall\ninclude a law passed or made by a Legislature or other competent authority in\nthe territory of India before the commencement of this Constitution and not\npreviously repealed, notwithstanding that it or parts of it may not be then in\noperation either at all or in particular areas.\n Explanation II .—Any law passed or made by a Legislature or other\ncompetent authority in the territory of India which immediately before the\ncommencement of this Constitution had extra-territorial effect as well as effect\nin the territory of India shall, subject to any such adaptations and modifications\nas aforesaid, continue to have such extra-territorial effect.\n Explanation III .—Nothing in this article shall be construed as continuing\nany temporary law in force beyond the date fixed for its expiration or the date\non which it would have expired if this Constitution had not come into force.\n Explanation IV. —An Ordinance promulgated by the Governor of a\nProvince under section 88 of the Government of India Act, 1935, and in force\nimmediately before the commencement of this Constitution shall, unless\nwithdrawn by the Governor of the corresponding State earlier, cease to operate\nat the expiration of six weeks from the first meeting after such commencement\nof the Legislative Assembly of that State functioning under clause (1) of article\n382, and nothing in this article shall be construed as continuing any such\nOrdinance in force beyond the said period.\n\n\n 1[372A. Power of the President to adapt laws. —(1) For the purposes\nof bringing the provisions of any law in force in India or in any part thereof,\nimmediately before the commencement of the Constitution (Seventh\nAmendment) Act, 1956, into accord with the provisions of this Constitution as\namended by that Act, the President may by order made before the first day of\nNovember, 1957, make such adaptations and modifications of the law, whether\nby way of repeal or amendment, as may be necessary or expedient, and provide\nthat the law shall, as from such date as may be specifiedin the order, have\neffect subject to the adaptations and modifications so made, and any such\nadaptation or modification shall not be questioned in any court of law.\n (2) Nothing in clause (1) shall be deemed to prevent a competent\nLegislature or other competent authority from repealing or amending any law\nadapted or modified by the President under the said clause.]\n248 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 4130
},
{
"number": "373",
"title": "Article 373. Power of President to make order in respect of persons under.",
"chapter": null,
"content": "Until provision is made by Parliament\nunder clause (7) of article 22, or until the expiration of one year from the\ncommencement of this Constitution, whichever is earlier, the said article shall\nhave effect as if for any reference to Parliament in clauses (4) and (7) thereof\nthere were substituted a reference to the President and for any reference to any\nlaw made by Parliament in those clauses there were substituted a reference to\nan order made by the President.",
"footnote": "",
"is_definition": false,
"sort_order": 4140
},
{
"number": "374",
"title": "Article 374. Provisions as to Judges of the Federal Court and proceedings.",
"chapter": null,
"content": "pending in the Federal Court or before His Majesty in Council. —(1) The\nJudges of the Federal Court holding office immediately before the\ncommencement of this Constitution shall, unless they have elected otherwise,\nbecome on such commencement the Judges of the Supreme Court and shall\nthereupon be entitled to such salaries and allowances and to such rights in\nrespect of leave of absence and pension as are provided for under article 125 in\nrespect of the Judges of the Supreme Court.\n (2) All suits, appeals and proceedings, civil or criminal, pending in the\nFederal Court at the commencement of this Constitution shall stand removed to\nthe Supreme Court, and the Supreme Court shall have jurisdiction to hear and\ndetermine the same, and the judgments and orders of the Federal Court delivered\nor made before the commencement of this Constitution shall have the same force\nand effect as if they had been delivered or made by the Supreme Court.\n (3) Nothing in this Constitution shall operate to invalidate the exercise of\njurisdiction by His Majesty in Council to dispose of appeals and petitions from,\nor in respect of, any judgment, decree or order of any court within the territory\nof India in so far as the exercise of such jurisdiction is authorised by law, and\nany order of His Majesty in Council made on any such appeal or petition after\nthe commencement of this Constitution shall for all purposes have effect as if it\nwere an order or decree made by the Supreme Court in the exercise of the\njurisdiction conferred on such Court by this Constitution.\n (4) On and from the commencement of this Constitution the jurisdiction of\nthe authority functioning as the Privy Council in a State specified in Part B of the\nFirst Schedule to entertain and dispose of appeals and petitions from or in respect\nof any judgment, decree or order of any court within that State shall cease, and all\nappeals and other proceedings pending before the said authority at such\ncommencement shall be transferred to, and disposed of by, the Supreme Court.\n (5) Further provision may be made by Parliament by law to give effect to\nthe provisions of this article.\n249 THE CONSTITUTION OF INDIA",
"footnote": "",
"is_definition": false,
"sort_order": 4150
},
{
"number": "375",
"title": "Article 375. Courts, authorities and officers to continue to function subject to.",
"chapter": null,
"content": "All courts of civil, criminal and\nrevenue jurisdiction, all authorities and all officers, judicial, executive and\nministerial, throughout the territory of India, shall continue to exercise their\nrespective functions subject to the provisions of this Constitution.",
"footnote": "",
"is_definition": false,
"sort_order": 4160
},
{
"number": "376",
"title": "Article 376. Provisions as to Judges of High Courts.",
"chapter": null,
"content": "(1) Notwithstanding\nanything in clause (2) of article 217, the Judges of a High Court in any\nProvince holding office immediately before the commencement of this\nConstitution shall, unless they have elected otherwise, become on such\ncommencement the Judges of the High Court in the corresponding State, and\nshall thereupon be entitled to such salaries and allowances and to such rights in\nrespect of leave of absence and pension as are provided for under article 221 in\nrespect of the Judges of such High Court. 1[Any such Judge shall,\nnotwithstanding that he is not a citizen of India, be eligible for appointment as\nChief Justice of such High Court, or as Chief Justice or other Judge of any\nother High Court.]\n (2) The Judges of a High Court in any Indian State corresponding to any\nState specified in Part B of the First Schedule holding office immediately\nbefore the commencement of this Constitution shall, unless they have elected\notherwise, become on such commencement the Judges of the High Court in the\nState so specified and shall, notwithstanding anything in clauses (1) and (2) of\narticle 217 but subject to the proviso to clause (1) of that article, continue to hold\noffice until the expiration of such period as the President may by order determine.\n (3) In this article, the expression “Judge” does not include an acting Judge\nor an additional Judge.",
"footnote": "",
"is_definition": false,
"sort_order": 4170
},
{
"number": "377",
"title": "Article 377. Provisions as to Comptroller and Auditor-General of India.",
"chapter": null,
"content": "General of India.—The\nAuditor-General of India holding office immediately before the commencement of\nthis Constitution shall, unless he has elected otherwise, become on such\ncommencement the Comptroller and Auditor-General of India and shall thereupon\nbe entitled to such salaries and to such rights in respect of leave of absence and\npension as are provided for under clause (3) of article 148 in respect of the\nComptroller and Auditor-General of India and be entitled to continue to hold office\nuntil the expiration of his term of office as determined under the provisions which\nwere applicable to him immediately before such commencement.\n\n250 THE CONSTITUTION OF INDIA\n\nof the Public Service Commission for the Dominion of India holding office",
"footnote": "",
"is_definition": false,
"sort_order": 4180
},
{
"number": "378",
"title": "Article 378. Provisions as to Public Service Commissions.",
"chapter": null,
"content": "(1) The members\nimmediately before the commencement of this Constitution shall, unless they\nhave elected otherwise, become on such commencement the members of the\nPublic Service Commission for the Union and shall, notwithstanding anything in\nclauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that\narticle, continue to hold office until the expiration of their term of office as\ndetermined under the rules which were applicable immediately before such\ncommencement to such members.\nPublic Service Commission serving the needs of a group of Provinces holding (2) The Members of a Public Service Commission of a Province or of a\noffice immediately before the commencement of this Constitution shall, unless they\nhave elected otherwise, become on such commencement the members of the Public\nService Commission for the corresponding State or the members of the Joint State\nPublic Service Commission serving the needs of the corresponding States, as the\ncase may be, and shall, notwithstanding anything in clauses (1) and (2) of article\n316 but subject to the proviso to clause (2) of that article, continue to hold office\nuntil the expiration of their term of office as determined under the rules which were\napplicable immediately before such commencement to such members.",
"footnote": "",
"is_definition": false,
"sort_order": 4190
},
{
"number": "378A",
"title": "Article 378A. Special provision as to duration of Andhra Pradesh Legislative.",
"chapter": null,
"content": "Notwithstanding anything contained in article 172, the\nLegislative Assembly of the State of Andhra Pradesh as constituted under the\nprovisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall,\nunless sooner dissolved, continue for a period of five years from the date referred\nto in the said section 29 and no longer and the expiration of the said period shall\noperate as a dissolution of that Legislative Assembly.]\nDeputy Speaker thereof.]",
"footnote": "",
"is_definition": false,
"sort_order": 4200
},
{
"number": "379",
"title": "Article 379. Provisions as to provisional Parliament and the Speaker and.",
"chapter": null,
"content": "Omittedby the Constitution (Seventh Amendment)\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\nAmendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).",
"footnote": "",
"is_definition": false,
"sort_order": 4210
},
{
"number": "380",
"title": "Article 380. Provision as to President. Omitted.",
"chapter": null,
"content": "Omittedby the Constitution (Seventh\n\nConstitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).",
"footnote": "",
"is_definition": false,
"sort_order": 4220
},
{
"number": "381",
"title": "Article 381. Council of Ministers of the President. Omitted.",
"chapter": null,
"content": "Omittedby the\n\nFirst Schedule.]",
"footnote": "",
"is_definition": false,
"sort_order": 4230
},
{
"number": "382",
"title": "Article 382. Provisions as to provisional Legislatures for States in Part A of.",
"chapter": null,
"content": "Omittedby the Constitution (Seventh Amendment) Act,\n1956, s. 29 and Sch. (w.e.f. 1-11-1956).\nConstitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).",
"footnote": "",
"is_definition": false,
"sort_order": 4240
},
{
"number": "383",
"title": "Article 383. Provision as to Governors of Provinces. Omitted..",
"chapter": null,
"content": "Omittedby the\n251 THE CONSTITUTION OF INDIA\n\nConstitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).",
"footnote": "",
"is_definition": false,
"sort_order": 4250
},
{
"number": "384",
"title": "Article 384. Council of Ministers of the Governors. Omitted..",
"chapter": null,
"content": "Omittedby the\n\nFirst Schedule.]",
"footnote": "",
"is_definition": false,
"sort_order": 4260
},
{
"number": "385",
"title": "Article 385. Provision as to provisional LegislaturesinStates in Part Bof the.",
"chapter": null,
"content": "Omittedby the Constitution (Seventh Amendment)\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\nOmittedby the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.",
"footnote": "",
"is_definition": false,
"sort_order": 4270
},
{
"number": "386",
"title": "Article 386. Council of Ministers for States in Part B of the First Schedule.",
"chapter": null,
"content": "(w.e.f. 1-11-1956).\npurposes of certain elections.]",
"footnote": "",
"is_definition": false,
"sort_order": 4280
},
{
"number": "387",
"title": "Article 387. Special provision as to determination of population for the.",
"chapter": null,
"content": "Omitted by the Constitution (Seventh\nAmendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\nParliament and provisional Legislatures of the States.]",
"footnote": "",
"is_definition": false,
"sort_order": 4290
},
{
"number": "388",
"title": "Article 388. Provisionsas tothe filling of casual vacancies in the provisional.",
"chapter": null,
"content": "Omittedby the\nConstitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\nthe Legislatures of Provinces and Indian States.]",
"footnote": "",
"is_definition": false,
"sort_order": 4300
},
{
"number": "389",
"title": "Article 389. Provision as to Bills pending in the Dominion Legislatures and.",
"chapter": null,
"content": "Omittedby the Constitution\n(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\ncommencement of the Constitution and the 31st day of March, 1950]",
"footnote": "",
"is_definition": false,
"sort_order": 4310
},
{
"number": "390",
"title": "Article 390. Money received or raised or expenditure incurred between the.",
"chapter": null,
"content": "Omitted\nby the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-\n1956).\ncertain contingencies.]",
"footnote": "",
"is_definition": false,
"sort_order": 4320
},
{
"number": "391",
"title": "Article 391. Power of the President to amend the First and Fourth Schedules.",
"chapter": null,
"content": "Omittedby the Constitution (Seventh Amendment)\nAct, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\nmay, for the purpose of removing any difficulties, particularly in relation to the",
"footnote": "",
"is_definition": false,
"sort_order": 4330
},
{
"number": "392",
"title": "Article 392. Power of the President to remove difficulties.",
"chapter": null,
"content": "(1) The President\ntransition from the provisions of the Government of India Act, 1935, to the\nprovisions of this Constitution, by order direct that this Constitution shall,\nduring such period as may be specified in the order, have effect subject to such\nadaptations, whether by way of modification, addition or omission, as he may\ndeem to be necessary or expedient:\nParliament duly constituted under Chapter II of Part V.Provided that no such order shall be made after the first meeting of\n\n (2) Every order made under clause (1) shall be laid before Parliament.\nclause (3) of article 367 and by article 391 shall, before the commencement of this (3) The powers conferred on the President by this article, by article 324, by\nConstitution, be exercisable by the Governor-General of the Dominion of India.",
"footnote": "",
"is_definition": false,
"sort_order": 4340
},
{
"number": "436",
"title": "PART XXII - SHORT TITLE, COMMENCEMENT,",
"chapter": "PART XXII",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4350
},
{
"number": "393",
"title": "Article 393. Short title.",
"chapter": null,
"content": "This Constitution may be called the Constitution of\nIndia.",
"footnote": "",
"is_definition": false,
"sort_order": 4360
},
{
"number": "394",
"title": "Article 394. Commencement.",
"chapter": null,
"content": "This article and articles 5, 6, 7, 8, 9, 60, 324,\n366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and\nthe remaining provisions of this Constitution shall come into force on the\ntwenty-sixth day of January, 1950, which day is referred to in this Constitution\nas the commencement of this Constitution.",
"footnote": "",
"is_definition": false,
"sort_order": 4370
},
{
"number": "394A",
"title": "Article 394A. Authoritative text in the Hindi language.",
"chapter": null,
"content": "(1) The President\nshall cause to be published under his authority,—\n (a) the translation of this Constitution in the Hindi language,\n signed by the members of the Constituent Assembly, with such\n modifications as may be necessary to bring it in conformity with the\n language, style and terminology adopted in the authoritative texts of\n Central Acts in the Hindi language, and incorporating therein all the\n amendments of this Constitution made before such publication; and\n (b) the translation in the Hindi language of every amendment of\n this Constitution made in the English language.\n (2) The translation of this Constitution and of every amendment thereof\npublished under clause (1) shall be construed to have the same meaning as the\noriginal thereof and if any difficulty arises in so construing any part of such\ntranslation, the President shall cause the same to be revised suitably.\n (3) The translation of this Constitution and of every amendment thereof\npublished under this article shall be deemed to be, for all purposes, the\nauthoritative text thereof in the Hindi language.]",
"footnote": "",
"is_definition": false,
"sort_order": 4380
},
{
"number": "395",
"title": "Article 395. Repeals.",
"chapter": null,
"content": "The Indian Independence Act, 1947, and the\nGovernment of India Act, 1935, together with all enactments amending or\nsupplementing the latter Act, but not including the Abolition of Privy Council\nJurisdiction Act, 1949, are hereby repealed.",
"footnote": "",
"is_definition": false,
"sort_order": 4390
},
{
"number": "441",
"title": "FIRST SCHEDULE",
"chapter": null,
"content": "1[FIRST SCHEDULE\n [Articles 1 and 4]\n I. THE STATES\n\n Name Territories\n1. Andhra 2[The territories specified in sub-section (1) of section 3 of\n Pradesh the Andhra State Act, 1953, sub-section (1) of section 3 of\n the States Reorganisation Act, 1956, the First Schedule to\n the Andhra Pradesh and Madras (Alteration of Boundaries)\n Act, 1959, and the Schedule to the Andhra Pradesh and\n Mysore (Transfer of Territory) Act, 1968, but excluding\n the territories specified in the Second Schedule to the\n Andhra Pradesh and Madras (Alteration of Boundaries)\n Act, 1959] 3[and the territories specified in section 3 of\n the Andhra Pradesh Reorganisation Act, 2014 ].\n 2. Assam The territories which immediately before the\n commencement of this Constitution were comprised in the\n Province of Assam, the Khasi States and the Assam Tribal\n Areas, but excluding the territories\n specified in the Schedule to the Assam 4\n (Alteration of Boundaries) Act,1951 [and the territories\n specified in sub-section (1) of section 3 of the State of\n Nagaland Act, 1962] 5[and the territories specified in\n sections 5, 6 and 7 of the North-Eastern Areas 6\n (Reorganisation) Act, 1971] [and the territories referred\n to in Part I of the SecondSchedule to the Constitution\n (One Hundredth Amendment) Act, 2015,\n notwithstanding anything contained\n in clause ( a) of section 3 of the Constitution\n (Ninth Amendment) Act, 1960, so far as it relates to the\n territories referred to in Part I of the Second Schedule to\n the Constitution (One Hundredth Amendment) Act,\n 2015.]\n______________________________________________\n1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for the First Sch. (w.e.f. 1-11-1956).\n2. Subs. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968(36of 1968), s. 4,\n for the former entry (w.e.f. 1-10-1968).\n3. Ins. by the Andhra Pradesh Reorganisation Act, 2014(6 of 2014), s. 10 (w.e.f.2-6-2014).\n4. Addedby the State of Nagaland Act, 1962 (27 of 1962), s. 4(w.e.f. 1-12-1963).\n5. Addedby the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).\n6. Addedby the Constitution (One Hundredth Amendment) Act, 2015, s. 3(w.e.f.31-7-2015). For\n the text of the Act, see Appendix I.\n 253\n254 THE CONSTITUTION OF INDIA\n (First Schedule)\n\n\n Name Territories\n\n 3. Bihar 1[The territories which immediately before the\n commencement of this Constitution were either\n comprised in the Province of Bihar or were being\n administered as if they formed part of that Province\n and the territories specified in clause ( a) of\n sub-section ( 1) of section 3 of the Bihar and Uttar\n Pradesh (Alteration of Boundaries) Act, 1968, but\n excluding the territories specified in sub-section ( 1) of\n section 3 of the Bihar and West Bengal\n (Transfer of Territories) Act, 1956, and the territories\n specified in clause ( b) of sub-section ( 1) of section\n 3 of the first mentioned Act 2[and the territories\n specified in section 3 of the Bihar Reorganisation Act,\n 2000].]\n 3[4. GujaratThe territories referred to in sub-section ( 1) of section 3 of\n the Bombay Reorganisation Act, 1960.]\n 5. KeralaThe territories specified in sub-section ( 1) of section 5\n of the States Reorganisation Act, 1956.\n 6. Madhya The territories specified in sub-section (1) of section 9 of\n Pradesh the States Reorganisation Act, 1956 4[and the First\n Schedule to the Rajasthan and Madhya Pradesh (Transfer\n of Territories) Act, 1959], 5[but excluding the territories\n specified in section 3 of the Madhya Pradesh\n Reorganisation Act, 2000].\n______________________________________________\n1. Subs. by the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968\n (24 of 1968), s. 4, for the former entry (w.e.f. 10-6-1970).\n2. Addedby the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-2000).\n3.Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).\n4. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959\n (47 of 1959), s. 4 (w.e.f. 1-10-1959).\n5.Addedby the Madhya Pradesh Reorganisation Act, 2000 (28of 2000), s. 5\n (w.e.f. 1-11-2000).\n255 THE CONSTITUTION OF INDIA\n (First Schedule)\n\n\n Name Territories\n\n 1[7. Tamil Nadu] The territories which immediately before the\n commencement of this Constitution were either\n comprised in the Province of Madras or were being\n administered as if they formed part of that Province and\n the territories specified in section 4 of the States\n Reorganisation Act, 1956, 2[and the Second Schedule to\n the Andhra Pradesh and Madras (Alteration of\n Boundaries) Act, 1959], but excluding the territories\n specified in sub-section (1) of section 3 and\n sub-section ( 1) of section 4 of the Andhra State Act, 1953\n and 3[the territories specified in clause ( b) of sub-section\n (1) of section 5, section 6 and clause (d) of sub-section\n (1) of section 7 of the States Reorganisation Act, 1956\n and the territories specified in the\n First Schedule to the Andhra Pradesh and Madras\n (Alteration of Boundaries) Act, 1959.]\n 4[8. Maharashtra The territories specified in sub -section ( 1) of section 8\n of the States Reorganisation Act, 1956, but excluding\n the territories referred to in sub-section ( 1) of section 3\n of the Bombay Reorganisation Act, 1960.]\n 5[6[9.] The territories specified in sub -section ( 1) of section 7\n Karnataka] of the States Reorganisation Act, 1956 7[but excluding\n the territory specified in the Schedule to the Andhra\n Pradesh and Mysore (Transfer of Territory) Act, 1968.]\n______________________________________________\n1. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5,\n for \"7. Madras\" (w.e.f. 14-1-1969).\n2. Ins. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959\n (56 of 1959), s. 6 (w.e.f. 1-4-1960).\n3. Subs.bys. 6, ibid., for certain words(w.e.f. 1-4-1960).\n4. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).\n5.Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for\n \"9. Mysore\" (w.e.f. 1-11-1973).\n6. Entries 8 to 14 renumbered asentries9 to 15 bytheBombay Reorganisation Act,\n 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).\n7. Ins. by the Andhra Pradesh and Mysore(Transfer of Territory) Act, 1968(36 of\n 1968), s. 4 (w.e.f. 1-10-1968).\n256 THE CONSTITUTION OF INDIA\n (First Schedule)\n\n\n Name Territories\n\n 1[10.] 2[Odisha] The territories which immediately before the\n commencement of this Constitution were either comprised\n in the Province of Orissa or were being administered as if\n they formed part of that Province.\n\n 1[11.]Punjab The territories specified in section 11 of the States\n Reorganisation Act, 1956 3[and the territories referred\n to in Part II of the First Schedule to the Acquired\n Territories (Merger) Act, 1960] 4[but excluding the\n territories referred to in Part II of the First Schedule to\n the Constitution (Ninth Amendment) Act, 1960] 5[and\n the territories specified in sub-section ( 1) of section 3,\n section 4 and sub-section ( 1) of section 5 of the Punjab\n Reorganisation Act, 1966.]\n\n 1[12.] The territories specified in section 10 of the States\n Rajasthan Reorganisation Act, 1956 6[but excluding the territories\n specified in the First Schedule to the Rajasthan and\n Madhya Pradesh (Transfer of Territories) Act, 1959].\n\n\n______________________________________________\n1.Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act,\n 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).\n2. Subs. by the Orissa (Alteration of Name) Act, 2011(15 of 2011), s. 6,for \"Orissa\"\n (w.e.f. 1-11-2011).\n3. Ins. by the Acquired Territories (Merger) Act, 1960 (64 of 1960), s. 4\n (w.e.f. 17-1-1961).\n4. Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17-1-1961).\n5. Addedby the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).\n6. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959\n (47 of 1959), s. 4 (w.e.f. 1-10-1959).\n257 THE CONSTITUTION OF INDIA\n (First Schedule)\n\n\n Name Territories\n\n 1[13.] Uttar 2[The territories which immediately before the\n Pradesh commencement of this Constitution were either comprised\n in the Province known as the United Provinces or were\n being administered as if they formed part of that Province,\n the territories specified in clause (b) of sub-section (1)\n of section 3 of the Bihar and Uttar Pradesh (Alteration of\n Boundaries) Act, 1968, and the territories specified in\n clause (b) of sub-section (1) of section 4 of the Haryana\n and Uttar Pradesh (Alteration of Boundaries) Act, 1979,\n but excluding the territories specified in clause ( a) of sub-\n section (1) of section 3 of the Bihar and Uttar Pradesh 3\n (Alteration of Boundaries) Act, 1968, [and the territories\n specified in section 3 of the Uttar Pradesh Reorganisation\n Act, 2000]and the territories specified in clause ( a) of sub-\n section (1) of section 4 of the Haryana and Uttar Pradesh\n 1 (Alteration of Boundaries) Act, 1979. ]\n [14.] West The territories which immediately before the\n Bengal commencement of this Constitution were either comprised\n in the Province of West Bengal or were being administered\n as if they formed part of that Province and the territory of\n Chandernagoreas defined in clause ( c) of section 2 of\n the Chandernagore (Merger) Act, 1954 and also the\n territories specified insub-section ( 1) of section 3 of the\n Bihar and West Bengal (Transfer of Territories) Act, 1956\n 4[and also the territories referred to in Part III of the First\n Schedule but excluding the territories referred to in Part III of\n the Second Schedule to the Constitution (One Hundredth\n Amendment) Act, 2015, notwithstanding anything contained\n in clause (c) of section 3 of the Constitution (Ninth\n Amendment) Act, 1960, so far as it relates to the territories\n referred to in Part III of the First Schedule and the territories\n referred to in Part III of the Second Schedule to the\n Constitution (One Hundredth Amendment) Act, 2015.]\n\n______________________________________________\n1. Entries 8 to 14 renumbered as entries 9 to 15 by the the Bombay Reorganisation Act,\n 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).\n2. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of\n 1979), s. 5, for the entry against \"13. Uttar Pradesh\" (w.e.f. 15-9-1983).\n3.Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).\n4. Addedby the Constitution (One Hundredth Amendment) Act, 2015, s. 3\n (w.e.f.31-7-2015). For the text of the Act, see Appendix I.\n258 THE CONSTITUTION OF INDIA\n (First Schedule)\n\n\n Name Territories\n\n 1[2[** * * *]]\n 3[4[15.] The territories specified in sub -section ( 1) of section 3\n Nagaland of the State of Nagaland Act, 1962.]\n\n 3[5[16.] 6[The territories specified in sub -section ( 1) of section 3\n Haryana of the Punjab Reorganisation Act, 1966 and the\n territories specified in clause ( a) of sub-section ( 1) of\n section 4 of the Haryana and Uttar Pradesh (Alteration\n of Boundaries) Act, 1979, but excluding the territories\n specified in clause ( v) of sub-section ( 1) of section 4 of\n that Act.]]\n 3[7[17.] The territories which immediately before the\n Himachal commencement of this Constitution were being\n Pradesh administered as if they were Chief Commissioners’\n Provinces under the names of Himachal Pradesh and\n Bilaspur and the territories specified in sub-section ( 1)\n of section 5 of the Punjab Reorganisation Act, 1966.]\n 3[8[18.] The territory which immediately before the\n Manipur commencement of this Constitution was being\n administered as if it were a Chief Commissioner’s\n Province under the name of Manipur.]\n\n______________________________________________\n1. **Entry15relating to Jammu and Kashmir deleted by the Jammu and Kashmir\n Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).\n2.Entries 8 to 14 renumbered as 9 to 15 by the Bombay Reorganisation Act, 1960\n (11 of 1960), s. 4 (w.e.f. 1-5-1960).\n3. Entries 16 to 29 renumberedas entries 15 to 28 by the Jammu and Kashmir\n Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).\n4Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).\n5. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966)\n and the entry therein subsequently amended by the Haryana and Uttar Pradesh\n (Alteration of Boundaries) Act, 1979 (31 of 1979), s. 5 (w.e.f. 15-9-1983).\n6. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979\n (31 of 1979), s. 5, for the entry against \"17. Haryana\" (w.e.f. 15-9-1983).\n7. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971).\n8. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9\n (w.e.f. 21-1-1972).\n259 THE CONSTITUTION OF INDIA\n (First Schedule)\n\n\n Name Territories\n\n1[19 .] Tripura The territory which immediately before the\n commencement of this Constitution was being\n administered as if it were a Chief Commissioner’s\n Province under the name of Tripura 2[and the territories\n referred to in Part II of the First Schedule to the\n Constitution (One Hundredth Amendment) Act, 2015,\n notwithstanding anything contained in clause ( d) of\n section 3 of the Constitution (Ninth Amendment) Act,\n 1960, so far as it relates to the territories referred to in\n Part II of the First Schedule to the Constitution (One\n Hundredth Amendment) Act, 2015.]\n1[20.] MeghalayaThe territories specified in section 5 of the North-Eastern\n Areas (Reorganisation) Act, 1971] 2[and the territories referred to\n in Part I of the First Schedule but excluding the territories\n referred to in Part II of the Second Schedule to the Constitution\n (One Hundredth Amendment) Act, 2015.]\n1[3[21.]Sikkim The territories which immediately before the commencement of\n the Constitution (Thirty-sixth Amendment) Act, 1975, were\n comprised in Sikkim.]\n1[4[22.]Mizoram The territories specified in section 6 of the North-Eastern\n Areas (Reorganisation) Act, 1971.]\n1[5[23.] Arunachal The territories specified in section 7 of the North-Eastern\n Pradesh Areas (Reorganisation) Act, 1971.]\n\n 1[6[24.]GoaThe territories specified in section 3 of the Goa, Daman and\n Diu Reorganisation Act, 1987.]\n______________________________________________\n1. Entries 16 to 29 renumberedas entries 15 to 28 by the Jammu and Kashmir\n Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).\n2. Addedby the Constitution (One Hundredth Amendment) Act, 2015, s. 3\n (w.e.f.31-7-2015).For the text of the Act, see Appendix I .\n3. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 2 (w.e.f. 26-4-1975).\n4. Ins. by the State of Mizoram Act, 1986(34of 1986), s. 4 (w.e.f. 20-2-1987).\n5. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987).\n6. Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 5\n (w.e.f. 30-5-1987).\n260 THE CONSTITUTION OF INDIA\n (First Schedule)\n\n\n Name Territories\n\n 1[2[25.]Chhattisgarh The territories specified in section 3 of the Madhya\n Pradesh Reorganisation Act, 2000.]\n 1[3[26.] 4[Uttarakhand] The territories specified in section 3 of the Uttar Pradesh\n Reorganisation Act, 2000.]\n 1[5[27.]Jharkhand The territories specified in section 3 of the Bihar\n Reorganisation Act, 2000.]\n 1[6[28.]TelanganaThe territories specified in section 3 of the Andhra\n Pradesh Reorganisation Act, 2014.]\n II. THE UNION TERRITORIES\n Name Extent\n 1. DelhiThe territory which immediately before the\n commencement of this Constitution was comprised in the\n Chief Commissioner’s Province of Delhi.\n 7[* * * * *]\n 8[2. ] The Andaman The territory which immediately before the\n and Nicobar commencement of this Constitution was comprised in\n Islands the Chief Commissioner’s Province of the\n Andaman and Nicobar Islands.\n______________________________________________\n1. Entries 16 to 29 renumberedas entries 15 to 28 by the Jammu and Kashmir\n Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).\n2. Added by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000),\n s. 5(w.e.f. 1-11-2000).\n3.Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).\n4. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 4, for the\n word \"Uttaranchal\" (w.e.f. 1-1-2007).\n5. Added by the Bihar Reorganisation Act, 2000 (30of 2000), s. 5 (w.e.f. 15-11-\n 2000).\n6. Ins. by the Andhra Pradesh Reorganisation Act, 2014, s. 10 (w.e.f. 2-6-2014).\n7. Entry 2 relating to \"Himachal Pradesh\" omittedand entries 3 to 10 renumbered as\n entries 2 to 9respectivelyby the State of Himachal Pradesh Act, 1970 (53 of 1970),\n s. 4 (w.e.f. 25-1-1971)and subsequently entries relating to Manipur and Tripura (i.e.\n entries 2and 3)omitted by theNorth-Eastern Areas (Reorganisation) Act, 1971 (81\n of 1971) s. 9 (w.e.f. 21-1-1972).\n8. Entries4 to 9 renumberedas entries 2 to 7by theNorth-Eastern Areas\n (Reorganisation) Act, 1971 (81 of 1971), s. 9(w.e.f. 21-1-1972).\n261 THE CONSTITUTION OF INDIA\n (First Schedule)\n\n\n Name Territories\n\n\n 1[3.] 2[Lakshadweep] The territory specified in section 6 of the States\n Reorganisation Act, 1956.\n\n 3[1[4.]Dadra and The territory which immediately before the\n Nagar Haveli eleventh day of August,1961 was comprised in\n and Daman Free Dadra and Nagar Haveli and the territories\n and Diu specified in section 4 of the Goa, Daman and Diu\n Reorganisation Act, 1987.]\n\n 4[1[*] 3[* * **]\n\n 5[1[6.] 6[Puducherry] The territories which immediately before the\n sixteenth day of August, 1962, were comprised in\n the French Establishments in India known as\n Pondicherry, Karikal, Mahe and Yanam.]\n\n 7[1[7.]Chandigarh The territories specified in section 4 of the Punjab\n Reorganisation Act, 1966.]\n\n\n______________________________________________\n1. Entries4 to 9 renumberedas entries 2 to 7(respectively) by the North-Eastern\n Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).\n2. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act,\n 1973 (34 of 1973), s. 5, for \"The Laccadive, Minicoy and Amindivi Islands\"\n (w.e.f. 1-11-1973).\n3. Entry 4 relatingtoDadra and Nagar Haveli was ins. by the Constitution (Tenth\n Amendment) Act, 1961, s.2 (w.e.f. 11-8-1961). And subsequently subs. by the\n Dadra and Nagar Haveli Daman and Diu (Merger of Union territories) Act, 2019\n (44 of 2019), s.5 for entries 4and 5 (w.e.f. 19-12-2019).\n4. Subs. by the Goa, Daman and Diu (Reorganisation)Act, 1987 (18 of 1987), s. 5, for\n entry 5 (w.e.f. 30-5-1987).\n5. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 3 (with retrospective\n effect).\n6. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 5 for\n \"Pondicherry\" (w.e.f. 1-10-2006).\n7. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).\n262 THE CONSTITUTION OF INDIA\n (First Schedule)\n\n\n Name Territories\n\n 1[* * * * *]\n\n 1[* * * * *]\n\n 2[8. Jammu and The territories specified in section 4 of the Jammu\n Kashmir and Kashmir Reorganisation Act, 2019.\n 9. LadakhThe territories specified in section 3 of the Jammu\n and Kashmir Reorganisation Act, 2019.]\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n______________________________________________\n1. Entry 8 relating to Mizoram omitted and entry 9 relating to Arunachal Pradesh\n renumbered as entry 8 by the State of Mizoram Act, 1986 (34 of 1986), s. 4\n (w.e.f. 20-2-1987) and entry 8 relating to Arunachal Pradesh omitted by the State of\n Arunachal Pradesh Act, 1986 (69 of 1986) s. 4 (w.e.f. 15-4-1987).\n2.Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019)\n s. 6 (w.e.f. 31-10-2019).",
"footnote": "",
"is_definition": false,
"sort_order": 4400
},
{
"number": "442",
"title": "SECOND SCHEDULE",
"chapter": null,
"content": "SECOND SCHEDULE\n [Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221]\n PART A\n PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES 1***\n\n 1. There shall be paid to the President and to the Governors of the States\n1*** the following emoluments per mensem, that is to say:—\n\n The President…… 10,000 rupees .\n The Governor of a State …… 5,500 rupees .\n 2. There shall also be paid to the President and to the Governors of the\nStates 2*** such allowances as were payable respectively to the Governor-\nGeneral of the Dominion of India and to the Governors of the corresponding\nProvinces immediately before the commencement of this Constitution.\n 3. The President and the Governors of 3[the States]throughout their respective\nterms of office shall be entitled to the same privileges to which the Governor-\nGeneral and the Governors of the corresponding Provinces were respectively\nentitled immediately before the commencement of this Constitution.\n 4.While the Vice-President or any other person is discharging the\nfunctions of, or is acting as, President, or any person is discharging the\nfunctions of the Governor, he shall be entitled to the same emoluments,\nallowances and privileges as the President or the Governor whose functions he\ndischarges or for whom he acts, as the case may be.\n\n 4* * * * *\n______________________________________________\n1. The words and letter \"specified in Part A of the First Schedule\" omitted by the\n Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\n Now five lakhrupees, vide the Finance Act, 2018 (13 of 2018), s. 137.\n (w.e.f. 1-1-2016).\n Now three lakh fifty thousand rupees, bys. 161, ibid., (w.e.f. 1-1-2016).\n2. The words \"so specified\" omitted by the Constitution (Seventh Amendment) Act,\n 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\n3. Subs. by s. 29 and Sch., ibid., for \"such states\" (w.e.f. 1-11-1956).\n4. Part B omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).\n 263\n264 THE CONSTITUTION OF INDIA\n (Second Schedule)\n\n PART C\n PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE\n\n OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN\n\n OF THE COUNCIL OF STATES AND THE SPEAKER AND THE\n DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY 1***\n\n AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN\n OF THE LEGISLATIVE COUNCIL OF 2[A STATE]\n 7. There shall be paid to the Speaker of the House of the People and the\nChairman of the Council of States such salaries and allowances as were payable\nto the Speaker of the Constituent Assembly of the Dominion of India\nimmediately before the commencement of this Constitution, and there shall be\npaid to the Deputy Speaker of the House of the People and to the Deputy\nChairman of the Council of States such salaries and allowances as were payable\nto the Deputy Speaker of the Constituent Assembly of the Dominion of India\nimmediately before such commencement.\n 8. There shall be paid to the Speaker and the Deputy Speaker of the\nLegislative Assembly 3***and to the Chairman and the Deputy Chairman of\nthe Legislative Council of 4[a State]such salaries and allowances as were\npayable respectively to the Speaker and the Deputy Speaker of the Legislative\nAssembly and the President and the Deputy President of the Legislative\nCouncil of the corresponding Province immediately before the commencement\nof this Constitution and, where the corresponding Province had no Legislative\nCouncil immediately before such commencement, there shall be paid to the\nChairman and the Deputy Chairman of the Legislative Council of the State\nsuch salaries and allowances as the Governor of the State may determine.\n______________________________________________\n1. The words and letter \"OF A STATE IN PART A OF THE FIRST SCHEDULE\"\n omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.\n (w.e.f. 1-11-1956).\n2. Subs. by s. 29 and Sch., ibid., for “ANY SUCH STATE.”(w.e.f. 1-11-1956).\n3. The words and letter \"of a State specified in Part A of the First Schedule\" omitted by\n s. 29 and Sch., ibid. (w.e.f. 1-11-1956).\n4. Subs. by s. 29 and Sch., ibid., for \"such State\" (w.e.f. 1-11-1956).\n265 THE CONSTITUTION OF INDIA\n (Second Schedule)\n\n PART D\n PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE\n HIGH COURTS 1***\ntime spent on actual service, salary at the following rates per mensem, that is to say:—9. [(1) There shall be paid to the Judges of the Supreme Court, in respect of\n The Chief Justice .. 2[10,000 rupees.].\n Any other Judge.. 3[9,000 rupees.].\nappointment is in receipt of a pension (other than a disability or wound Provided that if a Judge of the Supreme Court at the time of his\npension) in respect of any previous service under the Government of India or\nany of its predecessor Governments or under the Government of a State or any\nof its predecessor Governments, his salary in respect of service in the Supreme 4\nCourt [shall be reduced—\n (a) by the amount of that pension; and\n the pension due to him in respect of such previous service the commuted (b) if he has, before such appointment, received in lieu of a portion of\n value thereof, by the amount of that portion of the pension;and\n respect of such previous service, by the pension equivalent of that gratuity.](c) if he has, before such appointment, received a retirement gratuity in\n\nof rent to the use of an official residence.(2) Every Judge of the Supreme Court shall be entitled without payment\n\nwho, immediately before the commencement of this Constitution,—(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge\n\n______________________________________________\n1. The words and letter \"IN STATES IN PART A OF THE FIRST SCHEDULE\" omitted\n by the Constitution (Seventh Amendment) Act, 1956, s. 25(a) (w.e.f. 1-11-1956).\n2. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for \"5,000 rupees\n to 10,000 rupees\" (w.e.f. 1-4-1986).\n Now two lakh eighty thousand rupees, vide the High Court and Supreme Court Judges\n (Salaries and Conditions of Service) AmendmentAct, 2018 (10 of 2018), s. 6\n (w.e.f. 1-1-2016).\n3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for \"4,000 rupees\"\n (w.e.f. 1-4-1986).\n Now two lakh fiftythousand rupees, vide the High Court and Supreme Court Judges\n (Salaries and Conditions of Service) AmendmentAct, 2018 (10 of 2018), s. 6\n (w.e.f. 1-1-2016).\n4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(b), for \"shall be\n reduced by the amount of that pension\" (w.e.f. 1-11-1956).\n266 THE CONSTITUTION OF INDIA\n (Second Schedule)\n\n (a) was holding office as the Chief Justice of the Federal Court and\n has become on such commencement the Chief Justice of the Supreme\n Court under clause (1) of article 374;or\n (b) was holding office as any other Judge of the Federal Court and\n has on such commencement become a Judge (other than the Chief\n Justice) of the Supreme Court under the said clause,\nduring the period he holds office as such Chief Justice or other Judge, and\nevery Judge who so becomes the Chief Justice or other Judge of the Supreme\nCourt shall, in respect of time spent on actual service as such Chief Justice or\nother Judge, as the case may be, be entitled to receive in addition to the salary\nspecified in sub-paragraph (1) of this paragraph as special pay an amount\nequivalent to the difference between the salary so specified and the salary\nwhich he was drawing immediately before such commencement.\n (4) Every Judge of the Supreme Court shall receive such reasonable\nallowances to reimburse him for expenses incurred in travelling on duty within\nthe territory of India and shall be afforded such reasonable facilities in\nconnection with travelling as the President may from time to time prescribe.\n (5) The rights in respect of leave of absence (including leave allowances)\nand pension of the Judges of the Supreme Court shall be governed by the\nprovisions which, immediately before the commencement of this Constitution,\nwere applicable to the Judges of the Federal Court.\n 10. (1) 1[There shall be paid to the Judges of High Courts, in respect of time\nspent on actual service, salary at the following rates per mensem, that is to say,—\n The Chief Justice .. 2[9,000 rupees]\n Any other Judge.. 3[8,000 rupees]:\n______________________________________________\n1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(c), (i), for\n sub-paragraph (1) (w.e.f. 1-11-1956).\n2. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for \"4,000 rupees\"\n (w.e.f. 1-4-1986).\n Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges\n (Salaries and Conditions of Service) AmendmentAct, 2018 (10 of 2018), s. 2\n (w.e.f. 1-1-2016).\n3.Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for \"3,500 rupees\"\n (w.e.f. 1-4-1986).\n Now two lakh twenty-five thousand rupees, vide the High Court and Supreme Court\n Judges (Salaries and Conditions of Service) AmendmentAct, 2018 (10 of 2018), s. 2\n (w.e.f. 1-1-2016).\n267 THE CONSTITUTION OF INDIA\n (Second Schedule)\n\nreceipt of a pension (other than a disability or wound pension) in respect of any Provided that if a Judge of a High Court at the time of his appointment is in\n\nprevious service under the Government of India or any of its predecessor\nGovernments or under the Government of a State or any of its predecessor\nGovernments, his salary in respect of service in the High Court shall be reduced—\n (a) by the amount of that pension;and\n the pension due to him in respect of such previous service the commuted (b) if he has, before such appointment, received in lieu of a portion of\n\n value thereof, by the amount of that portion of the pension;and\n respect of such previous service, by the pension equivalent of that (c) if he has, before such appointment, received a retirement gratuity in\n\n gratuity.]\n (2) Every person who immediately before the commencement of this\nConstitution—\n (a) was holding office as the Chief Justice of a High Court in any\n Province and has on such commencement become the Chief Justice of the\n High Court in the corresponding State under clause (1) of article 376;or\n (b) was holding office as any other Judge of a High Court in any Province\n and has on such commencement become a Judge (other than the Chief\n Justice) of the High Court in the corresponding State under the said clause,\nshall, if he was immediately before such commencement drawing a salary at a\nrate higher than that specified in sub-paragraph (1) of this paragraph, be\nentitled to receive in respect of time spent on actual service as such Chief\nJustice or other Judge, as the case may be, in addition to the salary specified in\nthe said sub-paragraph as special pay an amount equivalent to the difference\nbetween the salary so specified and the salary which he was drawing\nimmediately before such commencement.\n 1[(3) Any person who, immediately before the commencement of the\nConstitution (Seventh Amendment) Act, 1956, was holding office as the Chief\nJustice of the High Court of a State specified in Part B of the First Schedule\nand has on such commencement become the Chief Justice of the High Court of\na State specified in the said Schedule as amended by the said Act, shall, if he\nwas immediately before such commencement drawing any amount as\nallowance in addition to his salary, be entitled to receive in respect of time\nspent on actual service as such Chief Justice, the same amount as allowance in\naddition to the salary specified in sub-paragraph (1) of this paragraph.].\n______________________________________________\n1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(c), (ii), for\n sub-paragraphs (3) and ( 4) (w.e.f. 1-11-1956).\n268 THE CONSTITUTION OF INDIA\n (Second Schedule)\n\n 11. In this Part, unless the context otherwise requires,—\n (a) the expression “Chief Justice” includes an acting Chief Justice,\n and a “Judge” includes an ad hoc Judge;\n (b) “actual service” includes—\n (i) time spent by a Judge on duty as a Judge or in the performance\n of such other functions as he may at the request of the President\n undertake to discharge;\n (ii) vacations, excluding any time during which the Judge is absent\n on leave; and\n (iii) joining time on transfer from a High Court to the Supreme\n Court or from one High Court to another.\n PART E\n PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA\n 12 . (1) There shall be paid to the Comptroller and Auditor-General of\nIndia a salary at the rate of *four thousand rupees per mensem.\n (2) The person who was holding office immediately before the\ncommencement of this Constitution as Auditor-General of India and has\nbecome on such commencement the Comptroller and Auditor-General of India\nunder article 377 shall in addition to the salary specified in sub-paragraph (1) of\nthis paragraph be entitled to receive as special pay an amount equivalent to the\ndifference between the salary so specified and the salary which he was drawing\nas Auditor-General of India immediately before such commencement.\n (3) The rights in respect of leave of absence and pension and the other\nconditions of service of the Comptroller and Auditor-General of India shall be\ngoverned or shall continue to be governed, as the case may be, by the provisions\nwhich were applicable to the Auditor-General of India immediately before the\ncommencement of this Constitution and all references in those provisions to the\nGovernor-General shall be construed as references to the President.\n______________________________________________\n* The Comptroller and Auditor-General of India shall be paid a salary equal to\n the salary of the Judges of the Supreme Court vide s. 3ofthe Comptroller and\n Auditor-General (Duties, Powers and Conditions of Service) Act, 1971 (56 of\n 1971) . The salary of Judges of the Supreme Court has been raised to two\n lakh fifty thousand rupees per mensem by the High Court and Supreme Court\n Judges (Salaries and Conditions of Service) AmendmentAct, 2018 (10 of 2018),s. 6\n (w.e.f. 1-1-2016).",
"footnote": "",
"is_definition": false,
"sort_order": 4410
},
{
"number": "443",
"title": "THIRD SCHEDULE",
"chapter": null,
"content": "THIRD SCHEDULE\n [Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]\n Forms of Oaths or Affirmations\n I\n Form of oath of office for a Minister for the Union:—\n “I, A. B., do swear in the name of God that I will bear true faith\n solemnly affirm\n and allegiance to the Constitution of India as by law established, 1[that I\n will uphold the sovereignty and integrity of India,]that I will faithfully\n and conscientiously discharge my duties as a Minister for the Union and\n that I will do right to all manner of people in accordance with the\n Constitution and the law, without fear or favour, affection or ill-will.”\n II\n Form of oath of secrecy for a Minister for the Union:—\n “I, A.B., do swear in the name of Godthat I will not directly or\n solemnly affirm\n indirectly communicate or reveal to any person or persons any matter\n which shall be brought under my consideration or shall become known\n to me as a Minister for the Union except as may be required for the due\n discharge of my duties as such Minister.”\n 2[III\n A\n Form of oath or affirmation to be made by a candidate for election to\nParliament:—\n\n______________________________________________\n See also arts. 84 ( a) and 173 ( a).\n1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).\n2. Subs. by s. 5, ibid., for Form III.(w.e.f. 5-10-1963).\n 269\n270 THE CONSTITUTION OF INDIA\n (Third Schedule)\n\n “I, A.B., having been nominated as a candidate to fill a seat in the\n Council of States (or the House of the People) do swear in the name of God\n solemnly affirm\n that I will bear true faith and allegiance to the Constitution of India as\n by law established and that I will uphold the sovereignty and integrity of\n India.”\n B\n Form of oath or affirmation to be made by a member of Parliament:—\n “I, A.B., having been elected (or nominated) a member of the\n Council of States (or the House of the People) do swear in the name of God\n solemnly affirm\n that I will bear true faith and allegiance to the Constitution of India as by\n law established, that I will uphold the sovereignty and integrity of India\n and that I will faithfully discharge the duty upon which I am about to\n enter.”]\n IV\n Form of oath or affirmation to be made by the Judges of the Supreme\nCourt and the Comptroller and Auditor-General of India:—\n “I, A.B., having been appointed Chief Justice (or a Judge) of the\n Supreme Court of India (or Comptroller and Auditor-General of\n India) do swear in the name of Godthat I will bear true faithand\n solemnly affirm\n faith and allegiance to the Constitution of India as by law established,\n 1[that I will uphold the sovereignty and integrity of India,]that I will\n duly and faithfully and to the best of my ability, knowledge and\n judgment perform the duties of my office without fear or favour,\n affection or ill-will and that I will uphold the Constitution and the laws.”\n______________________________________________\n1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).\n271 THE CONSTITUTION OF INDIA\n (Third Schedule)\n\n V\n Form of oath of office for a Minister for a State:—\n “I, A.B., do swear in the name of God that I will bear true faith\n solemnly affirm\n and allegiance to the Constitution of India as by law established, 1[that I\n will uphold the sovereignty and integrity of India,]that I will faithfully\n and conscientiously discharge my duties as a Minister for the State of\n ..........and that I will do right to all manner of people in accordance with\n the Constitution and the law without fear or favour, affection or ill-will.”\n\n VI\n Form of oath of secrecy for a Minister for a State:—\n “I, A.B., do swear in the name of Godthat I will not directly or\n solemnly affirm\n indirectly communicate or reveal to any person or persons any matter\n which shall be brought under my consideration or shall become known to\n me as a Minister for the State of ....................except as may be required for\n the due discharge of my duties as such Minister.”\n\n 2[VII\n A\n Form of oath or affirmation to be made by a candidate for election to the\nLegislature of a State:—\n “I, A.B., having been nominated as a candidate to fill\n a seat in the Legislative Assembly (or Legislative Council),\n do swear in the name of Godthat I will bear true faith and\n solemnly affirm\n allegiance to the Constitution of India as by law established and that I\n will uphold the sovereignty and integrity of India.”\n\n______________________________________________\n1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).\n2. Subs.by s. 5, ibid., for Form VII(w.e.f. 5-10-1963).\n272 THE CONSTITUTION OF INDIA\n (Third Schedule)\n\n B\n Form of oath or affirmation to be made by a member of the Legislature\nof a State:—\n “I, A.B., having been elected (or nominated) a member of the Legislative\n Assembly (or Legislative Council), do swear in the name of Godthat\n solemnly affirm\n I will bear true faith and allegiance to the Constitution of India as by\n law established, that I will uphold the sovereignty and integrity of India\n and that I will faithfully discharge the duty upon which I am about to\n enter.”]\n VIII\n Form of oath or affirmation to be made by the Judges of a High Court:—\n “I, A.B., having been appointed Chief Justice (or a Judge) of the High\n Court at (or of) ……….….. do swear in the name of God that I will bear\n solemnly affirm\n true faith and allegiance to the Constitution of India as by law\n established, 1[that I will uphold the sovereignty and integrity of India,]that\n I will duly and faithfully and to the best of my ability, knowledge and\n judgment perform the duties of my office without fear or favour, affection\n or ill-will and that I will uphold the Constitution and the laws.”\n\n\n\n\n\n\n\n\n\n______________________________________________\n1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).",
"footnote": "",
"is_definition": false,
"sort_order": 4420
},
{
"number": "444",
"title": "FOURTH SCHEDULE",
"chapter": null,
"content": "1[FOURTH SCHEDULE\n\n [Articles 4(1) and 80(2)]\n Allocation of seats in the Council of States\n To each State or Union territory specified in the first column of the\nfollowing table, there shall be allotted the number of seats specified in the\nsecond column thereof opposite to that State or that Union territory, as the case\nmay be:\n TABLE\n 1. Andhra Pradesh ................................ ..........................2[11]\n\n 3[2. Telanga na ................................ ................................ 7]\n\n 4[3.] Assam ................................ ................................ ........ 7\n\n 4[4.] Bihar ................................ ................................ ..........5[16]\n\n 6[4[5.] Jharkhand ................................ ................................ 6]\n\n 7[8[4[6.] Goa ................................ ................................ ............1]]\n\n 9[8[4[7.] Gujarat ................................ ................................ 11 ]]\n\n 10[8[4[8.] Haryana ................................ ................................ 5]]\n\n 8[4[9.] Kerala ................................ ................................ ........ 9\n\n______________________________________________\n1. Fourth ScheduleSubs. by the Constitution (Seventh Amendment) Act, 1956, s. 3(2),\n for ‘Fourth Schedule’(w.e.f. 1-11-1956).\n2. Subs. by the Andhra Pradesh Reorganisation Act, 2014, s. 12, for “18” (w.e.f. 2-6-2014).\n3. Ins. by s. 12, ibid. (w.e.f. 2-6-2014).\n4. Entries 2 to 30 renumbered as entries 3 to 31 respectively by s. 12, ibid. (w.e.f. 2-6-2014).\n5. Subs. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7, for \"22\" (w.e.f. 15-11-2000).\n6. Ins. by s. 7, ibid. (w.e.f. 15-11-2000).\n7. Entries 4 to 26 renumbered as entries 5 to 27 respectively and entry “4Goa….1”ins.\n by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6(a) and (b)\n (w.e.f. 30-5-1987).\n8. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000\n (30 of 2000), s. 7 (w.e.f. 15-11-2000).\n9. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6, for entry \"4\"\n (w.e.f.1-5-1960).\n10. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 (w.e.f. 1-11-1966).\n 273\n274 THE CONSTITUTION OF INDIA\n (Fourth Schedule)\n 1[2[10 .]] Madhya Pradesh ................................ .........................3[11]\n 4[1[2[11.] Chhattisgarh ................................ ...............................5]]\n 5[1[2[12.] Tamil Nadu ................................ ................................6[18]]\n 7[1[2[13.] Maharashtra ................................ ...............................19]]\n 8[1[2[14.] Karnataka ................................ ................................ 12 ]]\n 1[2[15.] 9[Odisha] ................................................................ 10 ]\n 1[2[16.] Punjab ................................................................ ........10[7]\n 1[2[17.] Rajasthan ................................ ................................ 10 ]\n 1[2[18.] Uttar Pradesh ..............................................................11[31]\n 12[1[2[19 .] 13[Uttarakhand ] ................................ ...........................3]]\n 1[2[20.] West Bengal ................................ ...............................16 ]\n 14[1[2[** * * * ................................ ............................. *]\n\n 15[16[1[2[21.] Nagaland ................................................................ 1]]\n______________________________________________\n1. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000\n (30 of 2000), s. 7 (w.e.f. 15-11-2000).\n2. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh\n Reorganisation Act, 2014, s. 12 (w.e.f. 2-6-2014).\n3. Subs. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 7, for \"16\"\n (w.e.f. 1-11-2000).\n4. Ins. by s. 7, ibid.(w.e.f. 1-11-2000).\n5. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for \"8.\n Madras\" (renumberedas *11) (w.e.f. 14-1-1969).\n6. Subs. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959\n (56 of 1959), s. 8, for \"17\" (w.e.f. 1-4-1960).\n7. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6 (w.e.f. 1-5-1960).\n8. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for \"10.\n Mysore\" (w.e.f. 1-11-1973).\n9. Subs. by the Orissa (Alteration of Name) Act, 2011(15 of 2011), s. 7 for \"Orissa\"\n (w.e.f.1-11-2011).\n10.Subs. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 for \"11\"\n (w.e.f. 1-11-1966).\n11. Subs. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 7 for \"34\"\n (w.e.f. 9-11-2000).\n12. Ins. by s. 7, ibid. (w.e.f. 9-11-2000).\n13. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 5 for\n \"Uttaranchal\" (w.e.f. 1-1-2007).\n14. ** Entry 21 relating to Jammu and Kashmir deleted by the Jammu and Kashmir\n Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).\n15. Entries 22 to 31 re-numbered as entries 21 to 30, respectively by the Jammu and\n Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).\n16. Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 6 (w.e.f. 1-12-1963).\n275 THE CONSTITUTION OF INDIA\n (Fourth Schedule)\n 1[2[3[4[22.] Himachal Pradesh ................................ .......................3]]]\n\n 3[2[4[23.] Manipur ................................ ................................ 1]\n\n 3[2[4[24.] Tripura ................................ ................................ 1]]\n\n 3[2[4[25.] Meghalaya ................................ ................................ 1]]\n\n 5[3[2[4[26.] Sikkim ................................ ................................ 1]]\n\n 6[3[2[4[27.] Mizoram ................................ ................................ 1]]\n\n 7[3[2[4[28.]Arunachal Pradesh ................................ ......................1]]\n\n 3[2[4[29.] Delhi ................................................................ ..........3]\n\n 3[2[4[30.] 8[Puducherry]................................ .............................1]]\n\n 9[3[2[4[31 . Jammu and Kashmir................................ .................... 4]\n\n Total 10[233]\n\n\n\n\n\n\n\n\n\n______________________________________________\n1.Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 5 (w.e.f. 25-1-1971).\n2. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000\n (30 of 2000), s. 7 (w.e.f. 15-11-2000).\n3. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh\n Reorganisation Act, 2014(6 of 2014), s. 12 (w.e.f. 2-6-2014).\n4. Entries 22 to 31 renumbered as entries 21 to 30 respectivelybythe Jammu and\n Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).\n5. Ins. by the Constitution (Thirty-sixth Amenement) Act, 1975, s. 4 (w.e.f. 26-4-1975).\n6. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 5 (w.e.f. 20-2-1987).\n7. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 5 (w.e.f. 20-2-1987).\n8. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006) s. 4, for\n \"Pondicherry\" (w.e.f. 1-10-2006).\n9. Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8\n (w.e.f. 31-10-2019).\n10. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6, for\n \"232\" (w.e.f. 30-5-1987).",
"footnote": "",
"is_definition": false,
"sort_order": 4430
},
{
"number": "445",
"title": "FIFTH SCHEDULE",
"chapter": null,
"content": "FIFTH SCHEDULE\n [Article 244(1)]\n Provisions as to the Administration and Control of Scheduled Areas and\n Scheduled Tribes\n PART A\n GENERAL\n 1. Interpretation .—In this Schedule, unless the context otherwise\nrequires, the expression “State” 1***does not include the 2[States of Assam\n3[, 4[Meghalaya, Tripura and Mizoram.]]]\nprovisions of this Schedule, the executive power of a State extends to the 2. Executive power of a State in Scheduled Areas.—Subject to the\n\nScheduled Areas therein.\n 3. Report by the Governor 5*** to the President regarding the\nadministration of Scheduled Areas.— The Governor 5*** of each State having\nScheduled Areas therein shall annually, or whenever so required by the President,\nmake a report to the President regarding the administration of the Scheduled\nAreas in that State and the executive power of the Union shall extend to the\ngiving of directions to the State as to the administration of the said areas.\n PART B\n ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND\n SCHEDULED TRIBES\n 4. Tribes Advisory Council.—( 1) There shall be established in each\nState having Scheduled Areas therein and, if the President so directs, also in\nany State having Scheduled Tribes but not Scheduled Areas therein, a Tribes\nAdvisory Council consisting of not more than twenty members of whom, as\nnearly as may be, three-fourths shall be the representatives of the Scheduled\nTribes in the Legislative Assembly of the State:\n______________________________________________\n1. The words and letters \"means a State specified in Part A or Part B of the First\n Schedule but\" omittedby the Constitution (Seventh Amendment) Act, 1956, s. 29 and\n Sch. (w.e.f. 1-11-1956).\n2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71,for\n \"State of Assam\" (w.e.f. 21-1-1972).\n3. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 3, for \"and\n Meghalaya\" (w.e.f. 1-4-1985).\n4. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for \"Meghalaya and\n Tripura\" (w.e.f. 20-2-1987).\n5. The words \"or Rajpramukh\" omitted by the Constitution (Seventh Amendment) Act,\n 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\n 276\n277 THE CONSTITUTION OF INDIA\n (Fifth Schedule)\n\n Provided that if the number of representatives of the Scheduled Tribes in\nthe Legislative Assembly of the State is less than the number of seats in the\nTribes Advisory Council to be filled by such representatives, the remaining\nseats shall be filled by other members of those tribes.\n (2) It shall be the duty of the Tribes Advisory Council to advise on such\nmatters pertaining to the welfare and advancement of the Scheduled Tribes in\nthe State as may be referred to them by the Governor 1***.\n (3) The Governor 2***may make rules prescribing or regulating, as the\ncase may be,—\n (a) the number of members of the Council, the mode of their\n appointment and the appointment of the Chairman of the Council and of\n the officers and servants thereof;\n (b) the conduct of its meetings and its procedure in general; and\n (c) all other incidental matters.\n 5.Law applicable to Scheduled Areas. —(1) Notwithstanding anything\nin this Constitution, the Governor 1***may by public notification direct that\nany particular Act of Parliament or of the Legislature of the State shall not\napply to a Scheduled Area or any part thereof in the State or shall apply to a\nScheduled Area or any part thereof in the State subject to such exceptions and\nmodifications as he may specify in the notification and any direction given\nunder this sub-paragraph may be given so as to have retrospective effect.\n (2) The Governor may make regulations for the peace and good\ngovernment of any area in a State which is for the time being a Scheduled Area.\n In particular and without prejudice to the generality of the foregoing\npower, such regulations may—\n (a) prohibit or restrict the transfer of land by or among members\n of the Scheduled Tribes in such area;\n (b) regulate the allotment of land to members of the Scheduled\n Tribes in such area;\n\n______________________________________________\n1. The words \"or Rajpramukh, as the case may be\" omitted by the Constitution (Seventh\n Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\n2. The words \"or Rajpramukh\" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).\n278 THE CONSTITUTION OF INDIA\n (Fifth Schedule)\n\n (c) regulate the carrying on of business as money-lender by\n persons who lend money to members of the Scheduled Tribes in such\n area.\n (3) In making any such regulation as is referred to in sub-paragraph (2)\nof this paragraph, the Governor 1*** may repeal or amend any Act of\nParliament or of the Legislature of the State or any existing law which is for the\ntime being applicable to the area in question.\n (4) All regulations made under this paragraph shall be submitted\nforthwith to the President and, until assented to by him, shall have no effect.\n (5) No regulation shall be made under this paragraph unless the\nGovernor 21***making the regulation has, in the case where there is a Tribes\nAdvisory Council for the State, consulted such Council.\n PART C\n SCHEDULED AREAS\n 6. Scheduled Areas .—(1) In this Constitution, the expression\n“Scheduled Areas” means such areas as the President may by order declare to\nbe Scheduled Areas.\n (2) The President may at any time by order —\n (a) direct that the whole or any specified part of a Scheduled Area\n shall cease to be a Scheduled Area or a part of such an area;\n 2[(aa) increase the area of any Scheduled Area in a State after\n consultation with the Governor of that State;]\n (b) alter, but only by way of rectification of boundaries, any\n Scheduled Area;\n\n______________________________________________\n1. The words \"or Rajpramukh\" omitted by the Constitution (Seventh Amendment) Act,\n 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\n The words \"or Rajpramukh\" omitted by s. 29 and sch., ibid. (w.e.f. 1-11-1956).\n See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9), the Scheduled Areas\n (Part B States) Order, 1950 (C.O.26), the Scheduled Areas (Himachal Pradesh) Order,\n 1975 (C.O. 102) and the Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh\n and Orissa) Order, 1977 (C.O. 109).\n See the Madras Scheduled Areas (Cessor) Order, 1950 (C.O. 30) and the Andhra\n Scheduled Areas (Cessor) Order, 1955 (C.O. 50).\n2. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),\n s. 2 (w.e.f. 7-9-1976).\n279 THE CONSTITUTION OF INDIA\n (Fifth Schedule)\n\n (c) on any alteration of the boundaries of a State or on the\n admission into the Union or the establishment of a new State, declare\n any territory not previously included in any State to be, or to form part\n of, a Scheduled Area;\n 1[(d) rescind, in relation to any State or States, any order or orders\n made under this paragraph, and in consultation with the Governor of the\n State concerned, make fresh orders redefining the areas which are to be\n Scheduled Areas;]\nand any such order may contain such incidental and consequential provisions as\nappear to the President to be necessary and proper, but save as aforesaid, the\norder made under sub-paragraph (1) of this paragraph shall not be varied by\nany subsequent order.\n PART D\n AMENDMENT OF THE SCHEDULE\n 7. Amendment of the Schedule.— (1) Parliament may from time to time\nby law amend by way of addition, variation or repeal any of the provisions of\nthis Schedule and, when the Schedule is so amended, any reference to this\nSchedule in this Constitution shall be construed as a reference to such Schedule\nas so amended.\n (2) No such law as is mentioned in sub-paragraph (1) of this paragraph\nshall be deemed to be an amendment of this Constitution for the purposes of\narticle 368.\n\n\n\n\n\n\n\n\n\n______________________________________________\n1. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976(101 of 1976),\n s. 2 (w.e.f. 7-9-1976).",
"footnote": "",
"is_definition": false,
"sort_order": 4440
},
{
"number": "446",
"title": "SIXTH SCHEDULE",
"chapter": null,
"content": "SIXTH SCHEDULE\n [Articles 244(2) and 275(1)]\n Provisions as to the Administration of Tribal Areas in 1[the States of\n Assam,Meghalaya, Tripura and Mizoram]\n 21. Autonomous districts and autonomous regions. —(1) Subject to\nthe provisions of this paragraph, the tribal areas in each item of 3[4[Parts I, II\nand IIA] and in Part III]of the table appended to paragraph 20 of this\nSchedule shall be an autonomous district.\n (2) If there are different Scheduled Tribes in an autonomous district,\nthe Governor may, by public notification, divide the area or areas inhabited\nby them into autonomous regions.\n (3) The Governor may, by public notification,—\n (a) include any area in 3[any of the Parts]of the said table;\n (b) exclude any area from 3[any of the Parts]of the said table;\n (c) create a new autonomous district;\n (d) increase the area of any autonomous district;\n (e) diminish the area of any autonomous district;\n (f) unite two or more autonomous districts or parts thereof so\n as to form one autonomous district;\n 5[(ff) alter the name of any autonomous district];\n (g) define the boundaries of any autonomous district:\n______________________________________________\n1. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for certain words\n (w.e.f. 20-2-1987).\n2. Paragraph 1 has been amended in its application to the State of Assam by the Sixth\n Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to\n insert the following proviso after sub-paragraph (2), namely: —\n \"Provided that nothing in this sub-paragraph shall apply to the Bodoland\n Territorial Areas District\"(w.e.f. 7-9-2003).\n3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)\n and Eighth Sch., for \"Part A\" (w.e.f. 21-1-1972).\n4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for \"Part I and\n II\" (w.e.f. 1-4-1985).\n5. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and\n Fourth Sch. (w.e.f. 2-4-1970).\n 280\n281 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n(d), (e) and (Provided that no order shall be made by the Governor under clauses (f) of this sub-paragraph except after consideration of the report of c),\na Commission appointed under sub-paragraph (1) of paragraph 14 of this\nSchedule:\n 1[Provided further that any order made by the Governor under this\nsub-paragraph may contain such incidental and consequential provisions\n(including any amendment of paragraph 20 and of any item in any of the\nParts of the said Table) as appear to the Governor to be necessary for giving\neffect to the provisions of the order.]\n 22. Constitution of District Councils and Regional Councils. —\n3[(1) There shall be a District Council for each autonomous district\nconsisting of not more than thirty members, of whom not more than four\npersons shall be nominated by the Governor and the rest shall be elected on\nthe basis of adult suffrage.]\n\n______________________________________________\n\n\n1. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and\n Eighth Sch.(w.e.f. 21-1-1972).\n2. Paragraph 2 has been amended in its application to the State of Assam by the Sixth\n Schedule to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2,so as to insert\n the following proviso after sub-paragraph (1), namely: —\n “Provided that the Bodoland Territorial Council shall consist of not more than\n forty-six members of whom forty shall be elected on the basis of adult suffrage, of\n whom thirty shall be reserved for the Scheduled Tribes, five for non-tribal\n communities, five open for all communities and the remaining six shall be nominated\n by the Governor having same rights and privileges as other members, including voting\n rights, from amongst the un-represented communities of the Bodoland Territorial\n Areas District, of which at least two shall be women:”\n Paragraph 2 has been amended in its application to the State of Assam by the Sixth\n Schedule to the Constitution (Amendment) Act, 1995(42 of 1995), s.2,so as to insert the\n following proviso after sub-paragraph (3), namely : —\n “Provided that the District Council constituted for the North Cachar Hills\n District shall be called as the North Cachar Hills Autonomous Council and the\n District Council constituted for the Karbi Anglong District shall be called as the\n Karbi Anglong Autonomous Council.”\n Paragraph 2 has been amended in its application to the State of Assam by the Sixth\n Schedule to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2,so as to insert\n the following proviso after sub-paragraph (3), namely: —\n “Provided further that the District Council constituted for the Bodoland\n Territorial Areas District shall be called the Bodoland Territorial Council.”\n3. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and\n Fourth Sch., for sub-paraghaph (1) (w.e.f. 2-4-1970).\n282 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n (2) There shall be a separate Regional Council for each area\nconstituted an autonomous region under sub-paragraph (2) of paragraph 1 of\nthis Schedule.\n (3) Each District Council and each Regional Council shall be a body\ncorporate by the name respectively of “the District Council of ( name of\ndistrict )” and “the Regional Council of ( name of region )”, shall have\nperpetual succession and a common seal and shall by the said name sue and\nbe sued.\n (4) Subject to the provisions of this Schedule, the administration of\nan autonomous district shall, in so far as it is not vested under this Schedule\nin any Regional Council within such district, be vested in the District\nCouncil for such district and the administration of an autonomous region\nshall be vested in the Regional Council for such region.\n (5) In an autonomous district with Regional Councils, the District\nCouncil shall have only such powers with respect to the areas under the\nauthority of the Regional Council as may be delegated to it by the Regional\nCouncil in addition to the powers conferred on it by this Schedule with\nrespect to such areas.\n (6) The Governor shall make rules for the first constitution of District\nCouncils and Regional Councils in consultation with the existing tribal\nCouncils or other representative tribal organisations within the autonomous\ndistricts or regions concerned, and such rules shall provide for—\n (a) the composition of the District Councils and Regional\n Councils and the allocation of seats therein;\n (b) the delimitation of territorial constituencies for the purpose\n of elections to those Councils;\n (c) the qualifications for voting at such elections and the\n preparation of electoral rolls therefor;\n (d) the qualifications for being elected at such elections as\n members of such Councils;\n (e) the term of office of members of 1[Regional Councils];\n______________________________________________\n1. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and\n Fourth Sch., for \"such Councils\" (w.e.f. 2-4-1970).\n283 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n (f)any other matter relating to or connected with elections or\n nominations to such Councils;\n (g)the procedure and the conduct of business 1[(including the\n power to act notwithstanding any vacancy)] in the District and\n Regional Councils;\n (h)the appointment of officers and staff of the District and\n Regional Councils.\n 1[(6A) The elected members of the District Council shall hold office\nfor a term of five years from the date appointed for the first meeting of the\nCouncil after the general elections to the Council, unless the District\nCouncil is sooner dissolved under paragraph 16 and a nominated member\nshall hold office at the pleasure of the Governor:\n Provided that the said period of five years may, while a Proclamation\nof Emergency is in operation or if circumstances exist which, in the opinion\nof the Governor, render the holding of elections impracticable, be extended\nby the Governor for a period not exceeding one year at a time and in any\ncase where a Proclamation of Emergency is in operation not extending\nbeyond a period of six months after the Proclamation has ceased to operate:\n Provided further that a member elected to fill a casual vacancy shall\nhold office only for the remainder of the term of office of the member\nwhom he replaces.]\n (7)The District or the Regional Council may after its first\nconstitution make rules 1[with the approval of the Governor] with regard to\nthe matters specified in sub-paragraph (6) of this paragraph and may also\nmake rules 1[with like approval]regulating—\n (a)the formation of subordinate local Councils or Boards and\n their procedure and the conduct of their business; and\n (b)generally all matters relating to the transaction of business\n pertaining to the administration of the district or region, as the case\n may be:\n\n______________________________________________\n1.Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and\n Fourth Sch.(w.e.f. 2-4-1970).\n284 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n Provided that until rules are made by the District or the Regional\nCouncil under this sub-paragraph the rules made by the Governor under\nsub-paragraph (6) of this paragraph shall have effect in respect of elections\nto, the officers and staff of, and the procedure and the conduct of business\nin, each such Council.\n\n 1* ** *\n\n\n 2-323. Powers of the District Councils and Regional Councils to\nmake laws.— (1) The Regional Council for an autonomous region in\n______________________________________________\n1. Second proviso omitted by s. 74 and Fourth Sch. of the Assam Reorganisation (Meghalaya)\n Act, 1969 (55 of 1969)(w.e.f. 2-4-1970).\n2.Paragraph 3 has been amended in its application to the State of Assam by the Sixth Schedule to the\n Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to substitute sub-paragraph (3) as\n under (w.e.f. 7-9-2003),—\n “(3) Save as otherwise provided in sub-paragraph (2) of paragraph 3A or sub-paragraph\n (2) of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of paragraph 3A\n or sub-paragraph (1) of paragraph 3B shall be submitted forthwith to the Governor and, until\n assented to by him, shall have no effect.” .\n After paragraph 3, the following paragraph has been inserted in its application to the State of\n Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2,\n (w.e.f. 12-9-1995), namely: —\n “3A. Additional powers of the North Cachar Hills Autonomous Council and the\n Karbi Anglong Autonomous Council to make laws.—(1) Without prejudice to the\n provisions of paragraph 3, the North Cachar Hills Autonomous Council and the Karbi\n Anglong Autonomous Council within their respective districts, shall have power to make\n laws with respect to—\n (a)industries, subject to the provisions of entries 7 and 52 of List I of the Seventh\n Schedule;\n (b)communications, that is to say, roads, bridges, ferries and other means of\n communication not specified in List I of the Seventh Schedule; municipal tramways,\n ropeways, inland waterways and traffic thereon subject to the provisions of List I and\n List III of the Seventh Schedule with regard to such waterways; vehicles other than\n mechanically propelled vehicles;\n (c)preservation, protection and improvement of stock and prevention of animal\n diseases; veterinary training and practice; cattle pounds;\n (d) primary and secondary education;\n (e)agriculture, including agricultural education and research, protection against pests\n and prevention of plant diseases;\n (f)fisheries;\n285 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n\n\n(Foot-note Continue),—\n (g)water, that is to say, water supplies, irrigation and canals, drainage and\n embankments, water storage and water power subject to the provisions of entry 56 of\n List I of the Seventh Schedule;\n (h)social security and social insurance; employment and unemployment;\n (i)flood control schemes for protection of villages, paddy fields, markets, towns, etc.\n (not of technical nature);\n (j)theatre and dramatic performances, cinemas subject to the provisions of entry 60 of\n List I of the Seventh Schedule; sports, entertainments and amusements;\n (k)public health and sanitation, hospitals and dispensaries;\n (l)minor irrigation;\n (m)trade and commerce in, and the production supply and distribution of, food stuffs,\n cattle fodder, raw cotton and raw jute;\n (n)libraries, museums and other similar institutions controlled or financed by the State;\n ancient and historical monuments and records other than those declared by or under\n any law made by Parliament to be of national importance; and\n (o) alienation of land.\n (2)All laws made by the North Cachar Hills Autonomous Council and the Karbi Anglong\n Autonomous Council under paragraph 3 or under this paragraph shall, in so far as they relate to\n matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor\n who shall reserve the same for the consideration of the President.\n (3) When a law is reserved for the consideration of the President, the President shall declare\n either that he assents to the said law or that he withholds assent therefrom:\n Provided that the President may direct the Governor to return the law to the North Cachar\n Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be,\n together with a message requesting that the said Council will reconsider the law or any\n specified provisions thereof and, in particular, will, consider the desirability of introducing any\n such amendments as he may recommend in his message and, when the law is so returned, the\n said Council shall consider the law accordingly within a period of six months from the date of\n receipt of such message and, if the law is again passed by the said Council with or without\n amendment it shall be presented again to the President for his consideration.\".\n After paragraph 3A, the following paragraph has been inserted in its application to the State of Assam\n by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, (w.e.f. 7-9-\n 2003), namely:—\n 3B. Additional powers of the Bodoland Territorial Council to make laws. —(1) Without\n prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within its areas\n shall have power to make laws with respect to :—\n (i)agriculture, including agricultural education and research, protection against\n pests and prevention of plant diseases; (ii) animal husbandry and veterinary, that is to say,\n preservation, protection and improvement of stock and prevention of animal diseases,\n veterinary training and practice, cattle pounds; (iii) co-operation; (iv) cultural affairs; (v)\n education, that is to say, primary education, higher secondary including vocational training,\n adult education, college education (general); (vi) fisheries; (vii) flood control for protection\n of village, paddy fields, markets and towns (not of technical nature); (viii) Food and civil\n286 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n\n\n\n\n supply; (ix) forests (other than reserved forests); (x) handloom and textile; (xi) health and\n family welfare, (xii) intoxicating liquors, opium and derivatives, subject to the provisions of\n entry 84 of List I of the Seventh Schedule; (xiii) irrigation; (xiv) labour and employment;\n (xv) land and revenue; (xvi) library services (financed and controlled by the State\n Government); (xvii) lotteries (subject to the provisions of entry 40 of List I of the Seventh\n Schedule), theatres, dramatic performances and cinemas (subject to the provisions of entry\n 60 of List I of the Seventh Schedule); (xviii) markets and fairs; (xix) municipal corporation,\n improvement trust, district boards and other local authorities; (xx) museum and\n archaeology institutions controlled or financed by the State, ancient and historical\n monuments and records other than those declared by or under any law made by Parliament\n to be of national importance; (xxi) panchayat and rural development; (xxii) planning and\n development; (xxiii) printing and stationery; (xxiv) public health engineering; (xxv) public\n works department; (xxvi) publicity and public relations; (xxvii) registration of births and\n deaths; (xxviii) relief and rehabilitation; (xxix) sericulture; (xxx) small, cottage and rural\n industry subject to the provisions of entries 7 and 52 of List I of the Seventh Schedule;\n (xxxi) social Welfare; (xxxii) soil conservation; (xxxiii) sports and youth welfare;\n (xxxiv) statistics; (xxxv) tourism; (xxxvi) transport (roads, bridges, ferries and other\n means of communications not specified in List I of the Seventh Schedule, municipal\n tramways, ropeways, inland waterways and traffic thereon subject to the provision of List\n I and List III of the Seventh Schedule with regard to such waterways, vehicles other than\n mechanically propelled vehicles); (xxxvii) tribal research institute controlled and financed\n by the State Government; (xxxviii) urban development—town and country planning;\n (xxxix) weights and measures subject to the provisions of entry 50 of List I of the Seventh\n Schedule; and (xl) Welfare of plain tribes and backward classes:\n Provided that nothing in such laws shall —\n (a) extinguish or modify the existing rights and privileges of any citizen\n in respect of his land at the date of commencement of this Act; and\n (b) disallow and citizen from acquiring land either by way of inheritance,\n allotment, settlement or by any other way of transfer if such citizen is otherwise\n eligible for such acquisition of land within the Bodoland Territorial Areas\n District.\n (2) All laws made under paragraph 3 or under this paragraph shall in so far as they\n relate to matters specified in List III of the Seventh Schedule, be submitted forthwith to the\n Governor who shall reserve the same for the consideration of the President.\n (3) When a law is reserved for the consideration of the President, the President shall\n declare either that he assents to the said law or that he withholds assent therefrom:\n Provided that the President may direct the Governor to return the law to the\n Bodoland Territorial Council, together with the message requesting that the said Council\n will reconsider the law or any specified provisions thereof and, in particular, will consider\n the desirability of introducing any such amendments as he may recommend in his message\n and, when the law is so returned, the said Council shall consider the law accordingly within\n a period of six months from the date of receipt of such message and, if the law is again\n passed by the said Council with or without amendments it shall be presented again to the\n President for his consideration.”.\n287 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\nrespect of all areas within such region and the District Council for an\nautonomous district in respect of all areas within the district except those\nwhich are under the authority of Regional Councils, if any, within the\ndistrict shall have power to make laws with respect to—\n (a) the allotment, occupation or use, or the setting apart, of\n land, other than any land which is a reserved forest for the purposes\n of agriculture or grazing or for residential or other non-agricultural\n purposes or for any other purpose likely to promote the interests of\n the inhabitants of any village or town:\n Provided that nothing in such laws shall prevent the\n compulsory acquisition of any land, whether occupied or unoccupied,\n for public purposes 1[by the Government of the State concerned] in\n accordance with the law for the time being in force authorising such\n acquisition;\n (b) the management of any forest not being a reserved forest;\n (c) the use of any canal or water-course for the purpose of\n agriculture;\n (d) the regulation of the practice of jhum or other forms of\n shifting cultivation;\n (e) the establishment of village or town committees or councils\n and their powers;\n (f) any other matter relating to village or town administration,\n including village or town police and public health and sanitation;\n (g) the appointment or succession of Chiefs or Headmen;\n (h) the inheritance of property;\n 2[(i) marriage and divorce;]\n (j) social customs.\n (2) In this paragraph, a “reserved forest” means any area which is a\nreserved forest under the Assam Forest Regulation, 1891, or under any other\nlaw for the time being in force in the area in question.\n______________________________________________\n1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)\n and Eighth Sch., for certain words (w.e.f. 21-1-1972).\n2. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and\n Fourth Sch., for cl. (i) (w.e.f. 2-4-1970).\n288 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n (3) All laws made under this paragraph shall be submitted forthwith\nto the Governor and, until assented to by him, shall have no effect.\n 14. Administration of justice in autonomous districts and\nautonomous regions.— (1) The Regional Council for an autonomous region\nin respect of areas within such region and the District Council for an\nautonomous district in respect of areas within the district other than those\nwhich are under the authority of the Regional Councils, if any, within the\ndistrict may constitute village councils or courts for the trial of suits and\ncases between the parties all of whom belong to Scheduled Tribes within\nsuch areas, other than suits and cases to which the provisions of\nsub-paragraph (1) of paragraph 5 of this Schedule apply, to the exclusion\nof any court in the State, and may appoint suitable persons to be members of\nsuch village councils or presiding officers of such courts, and may also\nappoint such officers as may be necessary for the administration of the laws\nmade under paragraph 3 of this Schedule.\n (2) Notwithstanding anything in this Constitution, the Regional\nCouncil for an autonomous region or any court constituted in that behalf by\nthe Regional Council or, if in respect of any area within an autonomous\ndistrict there is no Regional Council, the District Council for such district,\nor any court constituted in that behalf by the District Council, shall exercise\nthe powers of a court of appeal in respect of all suits and cases triable by a\nvillage council or court constituted under sub-paragraph (1) of this\nparagraph within such region or area, as the case may be, other than those to\nwhich the provisions of sub-paragraph (1) of paragraph 5 of this Schedule\napply, and no other court except the High Court and the Supreme Court\nshall have jurisdiction over such suits or cases.\n (3) The High Court 2*** shall have and exercise such jurisdiction\nover the suits and cases to which the provisions of sub-paragraph (2) of this\nparagraph apply as the Governor may from time to time by order specify.\n\n______________________________________________\n1. Paragraph 4 has been amended in its application to the State of Assam by the Sixth\n Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, (w.e.f. 7-9-2003)\n so as to insert the following sub-paragraph after sub-paragraph (5), namely:—\n “(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council\n constituted under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.” .\n2. The words \"of Assam\" omitted by the North-Eastern Areas (Reorganisation)Act, 1971\n (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).\n289 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n (4) A Regional Council or District Council, as the case may be, may\nwith the previous approval of the Governor make rules regulating —\n (a) the constitution of village councils and courts and the\n powers to be exercised by them under this paragraph;\n (b) the procedure to be followed by village councils or courts in\n the trial of suits and cases under sub-paragraph (1) of this paragraph;\n (c) the procedure to be followed by the Regional or District\n Council or any court constituted by such Council in appeals and other\n proceedings under sub-paragraph (2) of this paragraph;\n (d) the enforcement of decisions and orders of such councils\n and courts;\n (e) all other ancillary matters for the carrying out of the\n provisions of sub-paragraphs (1) and (2) of this paragraph.\n 1[(5) On and from such date as the President may, 2[after consulting the\nGovernment of the State concerned], by notification appoint in this behalf, this\nparagraph shall have effect in relation to such autonomous district or region as\nmay be specified in the notification, as if—\n (i) in sub-paragraph (1), for the words “between the parties all of\n whom belong to Scheduled Tribes within such areas, other than suits\n and cases to which the provisions of sub-paragraph (1) of paragraph 5\n of this Schedule apply,”, the words “not being suits and cases of the\n nature referred to in sub-paragraph (1) of paragraph (5) of this\n Schedule, which the Governor may specify in this behalf,” had been\n substituted;\n (ii) sub-paragraphs (2) and (3) had been omitted;\n (iii) in sub-paragraph (4)—\n (a) for the words “A Regional Council or District\n Council, as the case may be, may with the previous approval of\n the Governor make rules regulating”, the words “the Governor\n may make rules regulating” had been substituted; and\n (b) for clause (a), the following clause had been\n substituted, namely:—\n______________________________________________\n1. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and\n Fourth Sch. (w.e.f. 2-4-1970).\n2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)\n and Eighth Sch., for certain words (w.e.f. 21-1-1972).\n290 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n “(a) the constitution of village councils and courts,\n the powers to be exercised by them under this paragraph\n and the courts to which appeals from the decisions of\n village councils and courts shall lie;”;\n (c) for clause (c), the following clause had been\n substituted, namely:—\n pending before the Regional or District Council or any “(c) the transfer of appeals and other proceedings\n\n court constituted by such Council immediately before the\n date appointed by the President under sub-paragraph\n (5);”; and\n (d) in clause (e), for the words, brackets and figures\n “sub-paragraphs (1) and (2)”, the word, brackets and figure\n “sub-paragraph (1)” had been substituted.]\n 5. Conferment of powers under the Code of Civil Procedure,\n1908, and the Code of Criminal Procedure, 1898 1, on the Regional and\nDistrict Councils and on certain courts and officers for the trial of\ncertain suits, cases and offences.— (1) The Governor may, for the trial of\nsuits or cases arising out of any law in force in any autonomous district or\nregion being a law specified in that behalf by the Governor, or for the trial\nof offences punishable with death, transportation for life, or imprisonment\nfor a term of not less than five years under the Indian Penal Code or under\nany other law for the time being applicable to such district or region, confer\non the District Council or the Regional Council having authority over such\ndistrict or region or on courts constituted by such District Council or on any\nofficer appointed in that behalf by the Governor, such powers under the\nCode of Civil Procedure, 1908, or, as the case may be, the Code of Criminal\nProcedure, 1898 1, as he deems appropriate, and thereupon the said Council,\ncourt or officer shall try the suits, cases or offences in exercise of the\npowers so conferred.\nconferred on a District Council, Regional Council, court or officer under (2) The Governor may withdraw or modify any of the powers\n\nsub-paragraph (1) of this paragraph.\n (3) Save as expressly provided in this paragraph, the Code of Civil\nProcedure, 1908, and the Code of Criminal Procedure, 1898 1, shall not\napply to the trial of any suits, cases or offences in an autonomous district or\nin any autonomous region to which the provisions of this paragraph apply.\n______________________________________________\n1. See the Code of Criminal Procedure, 1973 ( 2 of 1974).\n291 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n\n 1[(4) On and from the date appointed by the President under\nsub-paragraph (5) of paragraph 4 in relation to any autonomous district or\nautonomous region, nothing contained in this paragraph shall, in its\napplication to that district or region, be deemed to authorise the Governor to\nconfer on the District Council or Regional Council or on courts constituted\nby the District Council any of the powers referred to in sub-paragraph (1) of\nthis paragraph.]\n 2[6. Powers of the District Council to establish primary schools,\netc.—(1) The District Council for an autonomous district may establish,\nconstruct, or manage primary schools, dispensaries, markets, 3[cattle\npounds], ferries, fisheries, roads, road transport and waterways in the district\nand may, with the previous approval of the Governor, make regulations for\nthe regulation and control thereof and, in particular, may prescribe the\nlanguage and the manner in which primary education shall be imparted in\nthe primary schools in the district.\n (2) The Governor may, with the consent of any District Council,\nentrust either conditionally or unconditionally to that Council or to its\nofficers functions in relation to agriculture, animal husbandry, community\nprojects, co-operative societies, social welfare, village planning or any other\nmatter to which the executive power of the State 4*** extends.\n 7. District and Regional Funds .—(1) There shall be constituted for\neach autonomous district, a District Fund and for each autonomous region, a\nRegional Fund to which shall be credited all moneys received respectively\nby the District Council for that district and the Regional Council for that\nregion in the course of the administration of such district or region, as the\ncase may be, in accordance with the provisions of this Constitution.\n\n______________________________________________\n1. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and\n Fourth Sch. (w.e.f. 2-4-1970).\n2. Subs. by s. 74 and Fourth Sch., ibid. for \"paragraph 6\" (w.e.f. 2-4-1970).\n3. Subs. by the Repealing and Amending Act, 1974 (56 of 1974), s. 4, for \"cattle\n ponds\" (w.e.f. 20-12-1974).\n4. The words \"of Assam or Meghalaya, as the case may be,\" omitted by the North-\n Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch.\n (w.e.f. 21-1-1972).\n292 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n 1[(2) The Governor may make rules for the management of the\nDistrict Fund, or, as the case may be, the Regional Fund and for the\nprocedure to be followed in respect of payment of money into the said Fund,\nthe withdrawal of moneys therefrom, the custody of moneys therein and any\nother matter connected with or ancillary to the matters aforesaid.\nRegional Council shall be kept in such form as the Comptroller and (3) The accounts of the District Council or, as the case may be, the\n\nAuditor-General of India may, with the approval of the President, prescribe.\n (4) The Comptroller and Auditor-General shall cause the accounts of\nthe District and Regional Councils to be audited in such manner as he may\nthink fit, and the reports of the Comptroller and Auditor-General relating to\nsuch accounts shall be submitted to the Governor who shall cause them to\nbe laid before the Council.]\n 8. Powers to assess and collect land revenue and to impose\ntaxes .—(1) The Regional Council for an autonomous region in respect of all\nlands within such region and the District Council for an autonomous district\nin respect of all lands within the district except those which are in the areas\nunder the authority of Regional Councils, if any, within the district, shall\nhave the power to assess and collect revenue in respect of such lands in\naccordance with the principles for the time being followed 2[by the\nGovernment of the State in assessing lands for the purpose of land revenue\nin the State generally.]\n (2) The Regional Council for an autonomous region in respect of areas\nwithin such region and the District Council for an autonomous district in\nrespect of all areas in the district except those which are under the authority of\nRegional Councils, if any, within the district, shall have power to levy and\ncollect taxes on lands and buildings, and tolls on persons resident within such\nareas.\n (3) The District Council for an autonomous district shall have the power to\nlevy and collect all or any of the following taxes within such district, that is to\nsay —\n (a) taxes on professions, trades, callings and employments;\n (b) taxes on animals, vehicles and boats;\n______________________________________________\n1. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and\n Fourth Sch., for sub-paragraph (2) (w.e.f. 2-4-1970).\n2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)\n and Eighth Sch., for certain words (w.e.f. 21-1-1972).\n293 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n (c)taxes on the entry of goods into a market for sale therein,\n and tolls on passengers and goods carried in ferries; 1***\n (d)taxes for the maintenance of schools, dispensaries or roads;\n 2[and]\n\n 3[(e) taxes on entertainment and amusements.]\n (4)A Regional Council or District Council, as the case may be, may\nmake regulations to provide for the levy and collection of any of the taxes\nspecified in sub-paragraphs (2) and (3) of this paragraph 4[and every such\nregulation shall be submitted forthwith to the Governor and, until assented\nto by him, shall have no effect].\n 59. Licences or leases for the purpose of prospecting for, or\nextraction of, minerals.—(1) Such share of the royalties accruing each year\nfrom licences or leases for the purpose of prospecting for, or the extraction of,\nminerals granted by 6[the Government of the State] in respect of any area\nwithin an autonomous district as may be agreed upon between 6[the\nGovernment of the State] and the District Council of such district shall be\nmade over to that District Council.\n (2)If any dispute arises as to the share of such royalties to be made\nover to a District Council, it shall be referred to the Governor for\ndetermination and the amount determined by the Governor in his discretion\nshall be deemed to be the amount payable under sub-paragraph (1) of this\nparagraph to the District Council and the decision of the Governor shall be\nfinal.\n______________________________________________\n1. The word \"and\" omitted by theConstitution (One Hundred and First Amendment)\n Act, 2016, s. 16( i) (w.e.f. 16-9-2016).\n2. Ins. by s. 16(ii), ibid. (w.e.f. 16-9-2016).\n3. Ins. by s. 16(iii), ibid. (w.e.f. 16-9-2016).\n4Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and\n Fourth Sch. (w.e.f. 2-4-1970).\n5.Paragraph 9 has been amended in its application to the States of Tripura and\n Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of\n 1988), s. 2 (w.e.f. 16-12-1988), so as to insert the following sub-paragraph after\n sub-paragraph (2), namely: —\n “(3) The Governor may, by order, direct that the share of royalties to be made\n over to a District Council under this paragraph shall be made over to that Council\n within a period of one year from the date of any agreement under sub-paragraph (1)\n or, as the case may be, of any determination under sub-paragraph (2).”.\n6. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)\n and Eighth Sch., for \"the Government of Assam\" (w.e.f. 21-1-1972).\n294 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n\n 110. Power of District Council to make regulations for the control\nof money-lending and trading by non-tribals. —(1) The District\nCouncil of an autonomous district may make regulations for the\nregulation and control of money-lending or trading within the district by\npersons other than Scheduled Tribes resident in the district.\n (2) In particular and without prejudice to the generality of the\nforegoing power, such regulations may—\n (a) prescribe that no one except the holder of a licence issued\n in that behalf shall carry on the business of money-lending;\n (b) prescribe the maximum rate of interest which may be\n charged or be recovered by a money-lender;\n (c) provide for the maintenance of accounts by money-lenders\n and for the inspection of such accounts by officers appointed in that\n behalf by the District Council;\n (d) prescribe that no person who is not a member of the\n Scheduled Tribes resident in the district shall carry on wholesale or\n retail business in any commodity except under a licence issued in that\n behalf by the District Council:\n\n______________________________________________\n1. Paragraph 10 has been amended in its application to the States of Tripura and\n Mizoram bythe Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of\n 1988) (w.e.f. 16-12-1988) s.2,as under —\n (a) in the heading, the words “by non-tribals” shall be omitted;\n (b) in sub-paragraph (1), the words “other than Scheduled Tribes” shall be\n omitted;\n (c) in sub-paragraph (2), for clause (d), the following clause shall be\n substituted, namely:—\n \"(d) prescribe that no person resident in the district shall carry on any\n trade, whether wholesale or retail, except under a licence issued in that behalf\n by the District Council:”.\n295 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\nunless they are passed by a majority of not less than three-fourths of the Provided that no regulations may be made under this paragraph\ntotal membership of the District Council:\nregulations to refuse the grant of a licence to a money-lender or a trader who Provided further that it shall not be competent under any such\nhas been carrying on business within the district since before the time of the\nmaking of such regulations.\nforthwith to the Governor and, until assented to by him, shall have no (3) All regulations made under this paragraph shall be submitted\neffect.\n * * *\nSchedule11. .—All laws, rules and regulations made under this Schedule by a Publication of laws, rules and regulations made under the\nDistrict Council or a Regional Council shall be published forthwith in the\nOfficial Gazette of the State and shall on such publication have the force of\nlaw.\n - 12. 1[Application of Acts of Parliament and of the\nLegislature of the State of Assam to autonomous districts and\nautonomous regions in the State of Assam]. —(1) Notwithstanding\nanything in this Constitution,—\n\n______________________________________________\n Paragraph 10 has been amended in its application to the State of Assam by the Sixth Schedule\n to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f . 7-9-2003), so as to insert\n the following sub-paragraph after sub-paragraph (3), namely:—\n \"(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council\n constituted under the provisoto sub-paragraph (3) of paragraph 2 of this Schedule.\".\n\n Paragraph 12 has been amended to its application to the State of Assam by the Sixth Schedule\n to the Constitution (Amendment) Act, 1995 (42 of 1995), s.2 (w.e.f. 12-9-1995) as under,—\n ‘in paragraph 12, in sub-paragraph (1), for the words and figure “matters specified in\n paragraph 3 of this Schedule”, the words, figures and letter “matters specified in paragraph 3\n or paragraph 3A of this Schedule” shall be substituted.’.\n Paragraph 12 has been amended in its application to the State of Assam by the Sixth\n Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f . 7-9-2003), as\n under,—\n ‘in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures and letter\n “matters specified in paragraph 3 or paragraph 3A of this Schedule”, the words, figures and\n letters “matters specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule”\n shall be substituted.’.\n1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth\n Sch., for the heading (w.e.f. 21-1-1972).\n296 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n (a) no Act of the 1[Legislature of the State of Assam] in respect\n of any of the matters specified in paragraph 3 of this Schedule as\n matters with respect to which a District Council or a Regional Council\n may make laws, and no Act of the Legislature of the State of Assam\n prohibiting or restricting the consumption of any non-distilled alcoholic\n liquor shall apply to any autonomous district or autonomous region 2[in\n that State] unless in either case the District Council for such district or\n having jurisdiction over such region by public notification so directs,\n and the District Council in giving such direction with respect to any\n Act may direct that the Act shall in its application to such district or\n region or any part thereof have effect subject to such exceptions or\n modifications as it thinks fit;\n\n (b) the Governor may, by public notification, direct that any\n Act of Parliament or of the 1[Legislature of the State of Assam] to\n which the provisions of clause ( a) of this sub-paragraph do not apply\n shall not apply to an autonomous district or an autonomous region\n 2[in that State], or shall apply to such district or region or any part\n thereof subject to such exceptions or modifications as he may specify\n in the notification.\n\n (2) Any direction given under sub-paragraph (1) of this paragraph\nmay be given so as to have retrospective effect .\n\n 3[12A. Application of Acts of Parliament and of the Legislature of\nthe State of Meghalaya to autonomous districts and autonomous\nregions in the State of Meghalaya .—Notwithstanding anything in this\nConstitution,—\n______________________________________________\n1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)\n and Eighth Sch., for \"Legislature of the State\" (w.e.f. 21-1-1972).\n2. Ins. by s. 71(i) and Eighth Sch., ibid. (w.e.f. 21-1-1972).\n3. Subs. by s. 71(i) and Eighth Sch., ibid., for paragraph 12A (w.e.f. 21-1-1972).\n297 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n Council in the State of Meghalaya with respect to any matter (a) if any provision of a law made by a District or Regional\n\n specified in sub-paragraph (1) of paragraph 3 of this Schedule or if\n any provision of any regulation made by a District Council or a\n Regional Council in that State under paragraph 8 or paragraph 10 of\n this Schedule, is repugnant to any provision of a law made by the\n Legislature of the State of Meghalaya with respect to that matter,\n then, the law or regulation made by the District Council or, as the\n case may be, the Regional Council whether made before or after the\n law made by the Legislature of the State of Meghalaya, shall, to the\n extent of repugnancy, be void and the law made by the Legislature of\n the State of Meghalaya shall prevail;\n (b) the President may, with respect to any Act of Parliament,\n by notification, direct that it shall not apply to an autonomous district\n or an autonomous region in the State of Meghalaya, or shall apply to\n such district or region or any part thereof subject to such exceptions\n or modifications as he may specify in the notification and any such\n direction may be given so as to have retrospective effect.]\n 1[12AA. Application of Acts of Parliament and of the Legislature\nof the State of Tripura to the autonomous districts and autonomous\nregions in the State of Tripura. —Notwithstanding anything in this\nConstitution,—\n (a) no Act of the Legislature of the State of Tripura in respect of\n any of the matters specified in paragraph 3 of this Schedule as matters\n with respect to which a District Council or a Regional Council may\n make laws, and no Act of the Legislature of the State of Tripura\n prohibiting or restricting the consumption of any non-distilled alcoholic\n liquor shall apply to the autonomous district or an autonomous region\n in that State unless, in either case, the District Council for that district\n or having jurisdiction over such region by public notification so directs,\n and the District Council in giving such direction with respect to any Act\n may direct that the Act shall, in its application to that district or such\n region or any part thereof have effect subject to such exceptions or\n modifications as it thinks fit;\n\n______________________________________________\n1. Paragraph 12AA ins. by theConstitution (Forty-ninth Amendment) Act, 1984, s. 4\n (w.e.f. 1-4-1985) and subsequently subs. by the Sixth Schedule to the Constitution\n (Amendment) Act, 1988 (67 of 1988), s. 2 (w.e.f. 16-12-1988).\n298 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n (b) the Governor may, by public notification, direct that any\n Act of the Legislature of the State of Tripura to which the provisions\n of clause ( a) of this sub-paragraph do not apply, shall not apply to the\n autonomous district or an autonomous region in that State, or shall\n apply to that district or such region, or any part thereof, subject to\n such exceptions or modifications, as he may specify in the\n notification;\n (c) the President may, with respect to any Act of Parliament,\n by notification, direct that it shall not apply to the autonomous district\n or an autonomous region in the State of Tripura, or shall apply to\n such district or region or any part thereof, subject to such exceptions\n or modifications as he may specify in the notification and any such\n direction may be given so as to have retrospective effect.\n 12B. Application of Acts of Parliament and of the Legislature of\nthe State of Mizoram to autonomous districts and autonomous regions\nin the State of Mizoram.— Notwithstanding anything in this\nConstitution, —\n (a) no Act of the Legislature of the State of Mizoram in respect\n of any of the matters specified in paragraph 3 of this Schedule as\n matters with respect to which a District Council or a Regional\n Council may make laws, and no Act of the Legislature of the State of\n Mizoram prohibiting or restricting the consumption of any\n non-distilled alcoholic liquor shall apply to any autonomous district\n or autonomous region in that State unless, in either case, the District\n Council for such district or having jurisdiction over such region, by\n public notification, so directs, and the District Council, in giving such\n direction with respect to any Act, may direct that the Act shall, in its\n application to such district or region or any part thereof, have effect\n subject to such exceptions or modifications as it thinks fit;\n (b) the Governor may, by public notification, direct that any\n Act of the Legislature of the State of Mizoram to which the\n provisions of clause ( a) of this sub-paragraph do not apply, shall not\n apply to an autonomous district or an autonomous region in that\n State, or shall apply to such district or region, or any part thereof,\n subject to such exceptions or modifications, as he may specify in the\n notification;\n299 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n by notification, direct that it shall not apply to an autonomous district (c) the President may, with respect to any Act of Parliament,\n\n or an autonomous region in the State of Mizoram, or shall apply to\n such district or region or any part thereof, subject to such exceptions\n or modifications as he may specify in the notification and any such\n direction may be given so as to have retrospective effect.]]\n 13. Estimated receipts and expenditure pertaining to autonomous\ndistricts to be shown separately in the annual financial statement. —The\nestimated receipts and expenditure pertaining to an autonomous district\nwhich are to be credited to, or is to be made from, the Consolidated Fund of\nthe State 1*** shall be first placed before the District Council for discussion\nand then after such discussion be shown separately in the annual financial\nstatement of the State to be laid before the Legislature of the State under\narticle 202.\n 214. Appointment of Commission to inquire into and report on\nthe administration of autonomous districts and autonomous regions.—\n(1) The Governor may at any time appoint a Commission to examine and\nreport on any matter specified by him relating to the administration of the\nautonomous districts and autonomous regions in the State, including matters\nspecified in clauses ( c), (d), (e) and ( f) of sub-paragraph (3) of paragraph 1\nof this Schedule, or may appoint a Commission to inquire into and report\nfrom time to time on the administration of autonomous districts and\nautonomous regions in the State generally and in particular on—\n (a) the provision of educational and medical facilities and\n communications in such districts and regions;\n (b) the need for any new or special legislation in respect of\n such districts and regions; and\n (c) the administration of the laws, rules and regulations made\n by the District and Regional Councils;\nand define the procedure to be followed by such Commission.\n______________________________________________\n1. The words \"of Assam\" omitted by the North-Eastern Areas (Reorganisation)\n Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).\n2. Paragraph 14 has been amended in its application to the State of Assam by the\n Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2\n (w.e.f. 12-9-1995)as under: —\n ‘in paragraph 14, in sub-paragraph (2), the words “with the recommendations\n of the Governor with respect thereto” shall be omitted.’.\n300 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\nof the Governor with respect thereto shall be laid before the Legislature of (2) The report of every such Commission with the recommendations\n\nthe State by the Minister concerned together with an explanatory\nmemorandum regarding the action proposed to be taken thereon by 1[the\nGovernment of the State.]\n (3) In allocating the business of the Government of the State among\nhis Ministers the Governor may place one of his Ministers specially in\ncharge of the welfare of the autonomous districts and autonomous regions in\nthe State.\n 215. Annulment or suspension of acts and resolutions of District\nand Regional Councils. —(1) If at any time the Governor is satisfied that an\nact or resolution of a District or a Regional Council is likely to endanger the\nsafety of India 3[or is likely to be prejudicial to public order], he may annul\nor suspend such act or resolution and take such steps as he may consider\nnecessary (including the suspension of the Council and the assumption to\nhimself of all or any of the powers vested in or exercisable by the Council)\nto prevent the commission or continuance of such act, or the giving of effect\nto such resolution.\nparagraph together with the reasons therefor shall be laid before the (2) Any order made by the Governor under sub-paragraph (1) of this\n\nLegislature of the State as soon as possible and the order shall, unless\nrevoked by the Legislature of the State, continue in force for a period of\ntwelve months from the date on which it was so made:\n Provided that if and so often as a resolution approving the\ncontinuance in force of such order is passed by the Legislature of the State,\nthe order shall unless cancelled by the Governor continue in force for a\nfurther period of twelve months from the date on which under this\nparagraph it would otherwise have ceased to operate.\n______________________________________________\n1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)\n and Eighth Sch., for \"the Government of Assam\" (w.e.f. 21-1-1972).\n2. Paragraph 15 has been amended in its application to the States of Tripura and\n Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988\n (67 of 1988), s. 2(w.e.f. 16-12-1988), as under, —\n In Paragraph 15, in sub-paragraph(2), —\n ‘(a) in the opening paragraph, for the words “by the Legislature of the\n State”, the words “by him” shall be substituted;\n (b) the proviso shall be omitted.’.\n3. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and\n Fourth Sch. (w.e.f. 2-4-1970).\n301 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n\n 116. Dissolution of a District or a Regional Council. — 2[(1)] The\nGovernor may on the recommendation of a Commission appointed under\nparagraph 14 of this Schedule by public notification order the dissolution of\na District or a Regional Council, and—\n (a) direct that a fresh general election shall be held\n immediately for the reconstitution of the Council; or\n (b) subject to the previous approval of the Legislature of the\n State assume the administration of the area under the authority of\n such Council himself or place the administration of such area under\n the Commission appointed under the said paragraph or any other\n body considered suitable by him for a period not exceeding twelve\n months:\n Provided that when an order under clause ( a) of this paragraph has\nbeen made, the Governor may take the action referred to in clause ( b) of this\nparagraph with regard to the administration of the area in question pending\nthe reconstitution of the Council on fresh general election:\n Provided further that no action shall be taken under clause ( b) of this\nparagraph without giving the District or the Regional Council, as the case\nmay be, an opportunity of placing its views before the Legislature of the\nState.\n\n______________________________________________\n1. Paragraph 16 has been amended in its application to the States of Tripura and\n Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988\n (67 of 1988) s. 2(w.e.f. 16-12-1988),as under,—\n ‘(a) in sub-paragraph (1), the words “subject to the previous approval of the\n Legislature of the State” occurring in clause ( b), and the second proviso shall be\n omitted;\n (b) for sub-paragraph (3), the following sub-paragraph shall be substituted,\n namely:—\n “(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of\n this paragraph, along with the reasons therefor shall be laid before the\n Legislature of the State.”.’.\n2. Paragraph 16 renumbered as sub-paragraph (1) thereof by the Assam\n Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch.\n (w.e.f. 2-4-1970).\n302 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n 1[(2) If at any time the Governor is satisfied that a situation has arisen in\nwhich the administration of an autonomous district or region cannot be carried\non in accordance with the provisions of this Schedule, he may, by public\nnotification, assume to himself all or any of the functions or powers vested in or\nexercisable by the District Council or, as the case may be, the Regional Council\nand declare that such functions or powers shall be exercisable by such person or\nauthority as he may specify in this behalf, for a period not exceeding six months:\n Provided that the Governor may by a further order or orders extend the\noperation of the initial order by a period not exceeding six months on each\noccasion.\nthe reasons therefor shall be laid before the Legislature of the State and shall (3) Every order made under sub-paragraph (2) of this paragraph with\n\ncease to operate at the expiration of thirty days from the date on which the\nState Legislature first sits after the issue of the order, unless, before the\nexpiry of that period it has been approved by that State Legislature.]\n 217 . Exclusion of areas from autonomous districts in forming\nconstituencies in such districts. —For the purposes of elections to 3[the\nLegislative Assembly of Assam or Meghalaya] 4[or Tripura] 5[or Mizoram],\nthe Governor may by order declare that any area within an autonomous\ndistrict 6[in the State of Assam or Meghalaya 4[or Tripura] 5[or Mizoram],\nas the case may be,] shall not form part of any constituency to fill a seat or\nseats in the Assembly reserved for any such district but shall form part of a\nconstituency to fill a seat or seats in the Assembly not so reserved to be\nspecified in the order.\n 7[18.**** *]\n______________________________________________\n1. Added by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74\n and Fourth Sch. (w.e.f. 2-4-1970).\n2. Paragraph 17 has been amended in its application to the State of Assam by the\n Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2\n (w.e.f. 7-9-2003) so as to insert the following proviso, namely: —\n “Provided that nothing in this paragraph shall apply to the Bodoland Territorial\n Areas District.”.\n3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71( i)\n and Eighth Sch., for \"the Legislative Assembly of Assam\" (w.e.f. 21-1-1972).\n4. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).\n5. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).\n6. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71( i)\n and Eighth Sch., for \"the Legislative Assembly of Assam\" (w.e.f. 21-1-1972).\n7. Paragraph 18 omitted by s. 71( i) and Eighth Sch., ibid. (w.e.f. 21-1-1972).\n303 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n 119. Transitional provisions. —(1) As soon as possible after the\ncommencement of this Constitution the Governor shall take steps for the\nconstitution of a District Council for each autonomous district in the State\nunder this Schedule and, until a District Council is so constituted for an\nautonomous district, the administration of such district shall be vested in the\nGovernor and the following provisions shall apply to the administration of\nthe areas within such district instead of the foregoing provisions of this\nSchedule, namely:—\n (a)no Act of Parliament or of the Legislature of the State shall\n apply to any such area unless the Governor by public notification so\n directs; and the Governor in giving such a direction with respect to\n any Act may direct that the Act shall, in its application to the area or\n to any specified part thereof, have effect subject to such exceptions or\n modifications as he thinks fit;\n (b)the Governor may make regulations for the peace and good\n government of any such area and any regulations so made may repeal\n or amend any Act of Parliament or of the Legislature of the State or\n any existing law which is for the time being applicable to such area.\n (2)Any direction given by the Governor under clause ( a) of\nsub-paragraph (1) of this paragraph may be given so as to have retrospective\neffect.\n\n\n______________________________________________\n1. Paragraph 19 has been amended in its application to the State of Assam by the\n Sixth Sch. to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2\n (w.e.f. 7-9-2003), so as to insert the following sub-paragraph after sub-paragraph\n (3), namely : —\n ‘(4) As soon as possible after the commencement of this Act and Interim\n Executive Council for Bodoland Territorial Areas District in Assam shall be\n formed by the Governor from amongst leaders of the Bodo movement, including\n the signatories to the Memorandum of Settlement, and shall provide adequate\n representation to the non-tribal communities in that area:\n Provided that Interim Council shall be for a period of six months during\n which endeavour to hold the election to the Council shall be made.\n Explanation. —For the purposes of this sub-paragraph, the expression\n “Memorandum of Settlement” means the Memorandum signed on the 10th day of\n February, 2003 between Government of India, Government of Assam and Bodo\n Liberation Tigers.’.\n304 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n (3)All regulations made under clause ( b) of sub-paragraph (1) of this\nparagraph shall be submitted forthwith to the President and, until assented\nto by him, shall have no effect.\n\n 1[20. Tribal areas. —(1) The areas specified in Parts I, II 2[, IIA] and\nIII of the table below shall respectively be the tribal areas within the State of\nAssam, the State of Meghalaya 2[, the State of Tripura] and the 3[State] of\nMizoram.\n (2) 4[Any reference in Part I, Part II or Part III of the table below] to\nany district shall be construed as a reference to the territories comprised\nwithin the autonomous district of that name existing immediately before the\nday appointed under clause ( b) of section 2 of the North-Eastern Areas\n(Reorganisation) Act, 1971:\n Provided that for the purposes of clauses ( e) and ( f) of sub-paragraph\n(1)of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph\n(2), clauses ( a), (b) and ( d) of sub-paragraph (3) and sub-paragraph (4) of\nparagraph 8 and clause ( d) of sub-paragraph (2) of paragraph 10 of this\nSchedule, no part of the area comprised within the municipality of Shillong\nshall be deemed to be within the 5[Khasi Hills District].\n 2[(3) The reference in Part IIA in the table below to the \"Tripura\nTribal Areas District\" shall be construed as a reference to the territory\ncomprising the tribal areas specified in the First Schedule to the Tripura\nTribal Areas Autonomous District Council Act, 1979.]\n______________________________________________\n1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71( i)\n and Eighth Sch., for paragraphs 20 and 20A (w.e.f. 21-1-1972) and paragraph 20A\n further substituted by the Government of Union Territory (Amendment) Act, 1971\n (83 of 1971) s. 13 (w.e.f. 29-4-1972).\n2. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).\n3. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for \"Union territory\"\n (w.e.f. 20-2-1987).\n4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for \"any\n reference in the table below\" (w.e.f. 1-4-1985).\n5. Subs. by the Government of Meghalaya Notification No. DCA 31/72/11, dated the\n 14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.\n305 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n PTART ABLEI\n 1. The North Cachar Hills District. 1\n 2. [The Karbi Anglong District.]\n 2[3.The Bodoland Territorial Areas District.]\n PART II\n\n 3[1. Khasi Hills District.\n 2. Jaintia Hills District.]\n 3. The Garo Hills District.\n\n 4[PART IIA]\n Tripura Tribal Areas District]\n\n 5 Part III\n * * *\n 6[1. The Chakma District.\n 7[2. The Mara District.\n 3. The Lai District.]]\n 8[20A . Dissolution of the Mizo District Council. —(1)\nNotwithstanding anything in this Schedule, the District Council of the Mizo\nDistrict existing immediately before the prescribed date (hereinafter referred\nto as the Mizo District Council) shall stand dissolved and cease to exist.\n______________________________________________\n1. Subs.bythe Government of Assam Notification No. TAD/R/115/74/47,\n dated14-10-1976 for \"The Mikir Hills District\".\n2. Ins. by the Sixth Schedule to the Constitution (Amendment) Act, 2003\n (44 of 2003), s. 2 (w.e.f. 7-9-2003).\n3. Subs. by the Government of Meghalaya Notification No. DCA 31/72/11,\n dated the 14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.\n4.Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).\n5. Thewords \"The Mizo District.\" omitted by the Government of Union Territories\n (Amendment) Act, 1971 (83 of 1971), s. 13 (w.e.f. 16-2-1972).\n6. Ins. by the Mizoram District Councils (Miscellaneous Provisions) Order, 1972,\n published in the Mizoram Gazette, 1972, dated the 5th May, 1972, Vol. I, Pt. II,\n p.17 (w.e.f. 29-4-1972).\n7. Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988\n (67 of 1988), s. 2, for serial numbers 2 and 3 and the entries relating thereto\n (w.e.f. 16-12-1988).\n8. Subs. by the North-Eastern Areas(Recognisation) Act, 1971 (81 of 1971), s. 71( i) and\n Eight Sch. forparagraph 20(w.e.f. 21-1-1972)and further subs. by the Government\n of Union Territory (Amendment) Act, 1971 (83of 1971), s. 13 for paragraph 20A\n (w.e.f. 16-2-1972).\n306 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n(2)The Administrator of the Union territory of Mizoram may, by one or\nmore 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\n of theMizo DistrictCouncil(includingtherightsand liabilitiesunder\n any contract made by it) to the Union or to any other authority;\n (b)the substitution of the Union or any other authority for the Mizo\n DistrictCouncil,ortheadditionoftheUnionoranyotherauthority,\n as a party to any legal proceedings to which the Mizo District\n Councilisaparty;\n (c)the transfer or re-employment of any employees of the Mizo\n District Council to or by the Union or any other authority, the terms\n andconditionsofserviceapplicabletosuchemployeesaftersuch\n transferorre-employment;\n (d)the continuance of any laws, made by the Mizo District Council\n and inforceimmediatelybeforeitsdissolution,subjecttosuch\n adaptationsand modifications,whetherbywayofrepealor\n amendment, as the Administrator may make in this behalf, until such\n lawsarealtered,repealedoramendedbyacompetentLegislatureor\n othercompetentauthority;\n (e)such incidental, consequential and supplementary matters as the\nExplanation.Administratorconsidersnecessary.—In this paragraph and in paragraph 20B of this Schedule, the\nexpression \"prescribed date\" means the date on which the Legislative\nAssemblyoftheUnionterritory ofMizoramisdulyconstitutedunderandin\naccordancewith theprovisionsoftheGovernmentofUnionTerritoriesAct,\n1963. (20 of 1963)]\n\n 1[20B. Autonomous regions in the Union territory of Mizoram to\nbe autonomousdistrictsandtransitoryprovisionsconsequent\nthereto.—(1) Notwithstanding anything in this Schedule,—\n (a)every autonomous region existing immediately before the\n prescribed date in the Union territory of Mizoram shall, on and from\n thatdate,beanautonomousdistrictin thatUnion territory(hereafter\n referredto asthecorresponding newdistrict)andtheAdministrator\n thereof may, by one or more orders, direct that such consequential\n amendmentsasarenecessarytogiveeffecttotheprovisionsofthis\n clauseshallbemadeinparagraph 20 ofthisSchedule(includingPart\n III of the table appended to that paragraph) and thereupon the said\n paragraphand thesaid PartIIIshallbedeemed tohavebeen amended\n accordingly;\n___________________________________________________________\n 1. Sub. by the Government of Union Territory (Amendment) Act, 1971 (83 of\n 1971), s. 13 for paragraph 20A (w.e.f. 16-2-1972).\n307 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n (b)every Regional Council of an autonomous region in the\n Union territory of Mizoram existing immediately before the\n prescribed date (hereafter referred to as the existing Regional\n Council) shall, on and from that date and until a District Council is\n duly constituted for the corresponding new district, be deemed to be\n the District Council of that district (hereafter referred to as the\n corresponding new District Council).\n (2)Every member whether elected or nominated of an existing Regional\nCouncil shall be deemed to have been elected or, as the case may be, nominated\nto the corresponding new District Council and shall hold office until a District\nCouncil is duly constituted for the corresponding new district under this\nSchedule.\n (3)Until rules are made under sub-paragraph (7) of paragraph 2 and\nsub-paragraph (4) of paragraph 4 of this Schedule by the corresponding new\nDistrict Council, the rules made under the said provisions by the existing\nRegional Council and in force immediately before the prescribed date shall\nhave effect in relation to the corresponding new District Council subject to\nsuch adaptations and modifications as may be made therein by the\nAdministrator of the Union territory of Mizoram.\n (4)The Administrator of the Union territory of Mizoram may, by\none or more orders, provide for all or any of the following matters,\nnamely:—\n (a)the transfer in whole or in part of the assets, rights and\n liabilities of the existing Regional Council (including the rights and\n liabilities under any contract made by it) to the corresponding new\n District Council;\n (b)the substitution of the corresponding new District Council\n for the existing Regional Council as a party to the legal proceedings\n to which the existing Regional Council is a party;\n (c)the transfer or re-employment of any employees of the\n existing Regional Council to or by the corresponding new District\n Council, the terms and conditions of service applicable to such\n employees after such transfer or re-employment;\n308 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n (d) the continuance of any laws made by the existing Regional\n Council and in force immediately before the prescribed date, subject\n to such adaptations and modifications, whether by way of repeal or\n amendment, as the Administrator may make in this behalf until such\n laws are altered, repealed or amended by a competent Legislature or\n other competent authority;\n (e) such incidental, consequential and supplementary matters\n as the Administrator considers necessary.]\n 1[20BA. Exercise of discretionary powers by the Governor in the\ndischarge of his functions .—The Governor in the discharge of his\nfunctions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs\n(1), (6), sub-paragraph (6A) excluding the first proviso and sub-paragraph\n(7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of\nparagraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph\n(2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of\nparagraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of\nparagraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and\n(2) of paragraph 16 of this Schedule, shall, after consulting the Council of\nMinisters and the North Cachar Hills Autonomous Council or the Karbi\nAnglong Autonomous Council, as the case may be, take such action as he\nconsiders necessary in his discretion.]\n 2[20BB. Exercise of discretionary powers by the Governor in the\ndischarge of his functions. —The Governor, in the discharge of his\nfunctions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs\n(1) and (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph\n(4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-\nparagraph (2) of paragraph 7, sub-paragraph (3) of paragraph 9, sub-\nparagraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-\nparagraphs (1) and (2) of paragraph 16 of this Schedule, shall, after\nconsulting the Council of Ministers, and if he thinks it necessary, the\nDistrict Council or the Regional Council concerned, take such action as he\nconsiders necessary in his discretion.]\n______________________________________________\n1. Paragraph 20BA has been inserted in its application to the State of Assam by the Sixth\n Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2(w.e.f. 12-9-1995).\n2. Paragraph 20BB has been inserted in its application to the States of Tripura and Mizoram, by\n the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2\n (w.e.f. 16-12-1988).\n309 THE CONSTITUTION OF INDIA\n (Sixth Schedule)\n\n\n 1[20C. Interpretation .—Subject to any provision made in this\nbehalf, the provisions of this Schedule shall, in their application to the\nUnion territory of Mizoram, have effect—\n (1) as if references to the Governor and Government of the\n State were references to the Administrator of the Union territory\n appointed under article 239, references to State (except in the\n expression \"Government of the State\") were references to the Union\n territory of Mizoram and references to the State Legislature were\n references to the Legislative Assembly of the Union territory of\n Mizoram;\n (2) as if—\n (a) in sub-paragraph (5) of paragraph 4, the provision\n for consultation with the Government of the State concerned\n had been omitted;\n (b) in sub-paragraph (2) of paragraph 6, for the words\n \"to which the executive power of the State extends\", the words\n \"with respect to which the Legislative Assembly of the Union\n territory of Mizoram has power to make laws\" had been\n substituted;\n (c) in paragraph 13, the words and figures \"under article\n 202\" had been omitted.]\n 21. Amendment of the Schedule.—(1) Parliament may from time to\ntime by law amend by way of addition, variation or repeal any of the\nprovisions of this Schedule and, when the Schedule is so amended, any\nreference to this Schedule in this Constitution shall be construed as a\nreference to such Schedule as so amended.\n (2) No such law as is mentioned in sub-paragraph (1) of this\nparagraph shall be deemed to be an amendment of this Constitution for the\npurposes of article 368.\n\n\n\n___________________________________________________________\n 1.Sub. by the Government of Union Territories(Amendment) Act, 1971 (83 of\n 1971), s. 13 for paragraph 20A (w.e.f. 16-2-1972).",
"footnote": "",
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"sort_order": 4450
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{
"number": "447",
"title": "SEVENTH SCHEDULE",
"chapter": null,
"content": "SEVENTH SCHEDULE\n (Article 246)\n List I—Union List\n 1. Defence of India and every part thereof including preparation for\ndefence and all such acts as may be conducive in times of war to its prosecution\nand after its termination to effective demobilisation.\n 2. Naval, military and air forces; any other armed forces of the Union.\n 1[2A. Deployment of any armed force of the Union or any other force\nsubject to the control of the Union or any contingent or unit thereof in any State\nin aid of the civil power; powers, jurisdiction, privileges and liabilities of the\nmembers of such forces while on such deployment.]\n 3. Delimitation of cantonment areas, local self-government in such areas,\nthe constitution and powers within such areas of cantonment authorities and the\nregulation of house accommodation (including the control of rents) in such\nareas.\n 4. Naval, military and air force works.\n 5. Arms, firearms, ammunition and explosives.\n 6. Atomic energy and mineral resources necessary for its production.\n 7. Industries declared by Parliament by law to be necessary for the\npurpose of defence or for the prosecution of war.\n 8. Central Bureau of Intelligence and Investigation.\n 9. Preventive detention for reasons connected with Defence, Foreign\nAffairs, or the security of India; persons subjected to such detention.\n 10. Foreign affairs; all matters which bring the Union into relation with\nany foreign country.\n 11. Diplomatic, consular and trade representation.\n 12. United Nations Organisation.\n 13. Participation in international conferences, associations and other\nbodies and implementing of decisions made thereat.\n 14. Entering into treaties and agreements with foreign countries and\nimplementing of treaties, agreements and conventions with foreign countries.\n______________________________________________\n1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).\n 310\n311 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 15. War and peace.\n 16. Foreign jurisdiction.\n 17. Citizenship, naturalisation and aliens.\n 18. Extradition.\n 19. Admission into, and emigration and expulsion from, India; passports\nand visas.\n 20. Pilgrimages to places outside India.\n 21. Piracies and crimes committed on the high seas or in the air; offences\nagainst the law of nations committed on land or the high seas or in the air.\n 22. Railways.\n 23. Highways declared by or under law made by Parliament to be national\nhighways.\n 24. Shipping and navigation on inland waterways, declared by Parliament\nby law to be national waterways, as regards mechanically propelled vessels; the\nrule of the road on such waterways.\n 25. Maritime shipping and navigation, including shipping and navigation\non tidal waters; provision of education and training for the mercantile marine\nand regulation of such education and training provided by States and other\nagencies.\n 26. Lighthouses, including lightships, beacons and other provision for the\nsafety of shipping and aircraft.\n 27. Ports declared by or under law made by Parliament or existing law to\nbe major ports, including their delimitation, and the constitution and powers of\nport authorities therein.\n 28. Port quarantine, including hospitals connected therewith; seamen's and\nmarine hospitals.\n 29. Airways; aircraft and air navigation; provision of aerodromes;\nregulation and organisation of air traffic and of aerodromes; provision for\naeronautical education and training and regulation of such education and\ntraining provided by States and other agencies.\n 30. Carriage of passengers and goods by railway, sea or air, or by national\nwaterways in mechanically propelled vessels.\n312 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 31. Posts and telegraphs; telephones, wireless, broadcasting and other like\nforms of communication.\n 32. Property of the Union and the revenue therefrom, but as regards\nproperty situated in a State 1*** subject to legislation by the State, save in so\nfar as Parliament by law otherwise provides.\n 2[33* * ** *]\n 34. Courts of wards for the estates of Rulers of Indian States.\n 35. Public debt of the Union.\n 36. Currency, coinage and legal tender; foreign exchange.\n 37. Foreign loans.\n 38. Reserve Bank of India.\n 39. Post Office Savings Bank.\n 40. Lotteries organised by the Government of India or the Government of\na State.\n 41. Trade and commerce with foreign countries; import and export across\ncustoms frontiers; definition of customs frontiers.\n 42. Inter-State trade and commerce.\n 43. Incorporation, regulation and winding up of trading corporations,\nincluding banking, insurance and financial corporations, but not including\nco-operative societies.\n 44. Incorporation, regulation and winding up of corporations, whether\ntrading or not, with objects not confined to one State, but not including\nuniversities.\n 45. Banking.\n 46. Bills of exchange, cheques, promissory notes and other like\ninstruments.\n 47. Insurance.\n 48. Stock exchanges and futures markets.\n 49. Patents, inventions and designs; copyright; trade-marks and merchandise\nmarks.\n______________________________________________\n1. The words and letters \"specified in Part Aor Part Bof the First Schedule\" omitted by\n the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).\n2. Entry 33 omitted by s. 26 , ibid.(w.e.f. 1-11-1956).\n313 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 50. Establishment of standards of weight and measure.\n 51. Establishment of standards of quality for goods to be exported out of\nIndia or transported from one State to another.\n 52. Industries, the control of which by the Union is declared by Parliament\nby law to be expedient in the public interest.\n 53. Regulation and development of oilfields and mineral oil resources;\npetroleum and petroleum products; other liquids and substances declared by\nParliament by law to be dangerously inflammable.\n 54. Regulation of mines and mineral development to the extent to which\nsuch regulation and development under the control of the Union is declared by\nParliament by law to be expedient in the public interest.\n 55. Regulation of labour and safety in mines and oilfields.\n 56. Regulation and development of inter-State rivers and river valleys to\nthe extent to which such regulation and development under the control of the\nUnion is declared by Parliament by law to be expedient in the public interest.\n 57. Fishing and fisheries beyond territorial waters.\n 58. Manufacture, supply and distribution of salt by Union agencies;\nregulation and control of manufacture, supply and distribution of salt by other\nagencies.\n 59. Cultivation, manufacture, and sale for export, of opium.\n 60. Sanctioning of cinematograph films for exhibition.\n 61. Industrial disputes concerning Union employees.\n 62. The institutions known at the commencement of this Constitution as\nthe National Library, the Indian Museum, the Imperial War Museum, the\nVictoria Memorial and the Indian War Memorial, and any other like institution\nfinanced by the Government of India wholly or in part and declared by\nParliament by law to be an institution of national importance.\n 63. The institutions known at the commencement of this Constitution as the\nBenares Hindu University, the Aligarh Muslim University and the 1[Delhi\nUniversity; the University established in pursuance of article 371E;]any other\ninstitution declared by Parliament by law to be an institution of national importance.\n\n______________________________________________\n1. Subs. by the Constitution (Thirty-second Amendment) Act, 1973, s. 4, for \"Delhi\n University and\" (w.e.f. 1-7-1974).\n314 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 64. Institutions for scientific or technical education financed by the\nGovernment of India wholly or in part and declared by Parliament by law to be\ninstitutions of national importance.\n 65. Union agencies and institutions for—\n (a) professional, vocational or technical training, including the\n training of police officers; or\n (b) the promotion of special studies or research; or\n (c) scientific or technical assistance in the investigation or detection\n of crime.\n 66. Co-ordination and determination of standards in institutions for higher\neducation or research and scientific and technical institutions.\n 67. Ancient and historical monuments and records, and archaeological\nsites and remains, 1[declared by or under law made by Parliament]to be of\nnational importance.\n 68. The Survey of India, the Geological, Botanical, Zoological and\nAnthropological Surveys of India; Meteorological organisations.\n 69. Census.\n 70. Union Public Service; All-India Services; Union Public Service\nCommission.\n 71. Union pensions, that is to say, pensions payable by the Government of\nIndia or out of the Consolidated Fund of India.\n 72. Elections to Parliament, to the Legislatures of States and to the offices\nof President and Vice-President; the Election Commission.\n 73. Salaries and allowances of members of Parliament, the Chairman and\nDeputy Chairman of the Council of States and the Speaker and Deputy Speaker\nof the House of the People.\n 74. Powers, privileges and immunities of each House of Parliament and of\nthe members and the Committees of each House; enforcement of attendance of\npersons for giving evidence or producing documents before committees of\nParliament or commissions appointed by Parliament.\n 75. Emoluments, allowances, privileges, and rights in respect of leave\nof absence, of the President and Governors; salaries and allowances of\nthe Ministers for the Union; the salaries, allowances, and rights in respect of\nleave of absence and other conditions of service of the Comptroller and\nAuditor-Generalof India.\n______________________________________________\n1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for \"declared by\n Parliament by law\" (w.e.f. 1-11-1956).\n315 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 76. Audit of the accounts of the Union and of the States.\n 77. Constitution, organisation, jurisdiction and powers of the Supreme\nCourt (including contempt of such Court), and the fees taken therein; persons\nentitled to practise before the Supreme Court.\n 78. Constitution and organisation 1[(including vacations)]of the High\nCourts except provisions as to officers and servants of High Courts; persons\nentitled to practise before the High Courts.\n 2[79. Extension of the jurisdiction of a High Court to, and exclusion of the\njurisdiction of a High Court from, any Union territory.]\n 80. Extension of the powers and jurisdiction of members of a police force\nbelonging to any State to any area outside that State, but not so as to enable the\npolice of one State to exercise powers and jurisdiction in any area outside that\nState without the consent of the Government of the State in which such area is\nsituated; extension of the powers and jurisdiction of members of a police force\nbelonging to any State to railway areas outside that State.\n 81. Inter-State migration; inter-State quarantine.\n 82. Taxes on income other than agricultural income.\n 83. Duties of customs including export duties.\n 3[84. Duties of excise on the following goods manufactured or produced in\nIndia, namely:—\n (a) petroleum crude;\n (b) high speed diesel;\n (c) motor spirit (commonly known as petrol);\n (d) natural gas;\n (e) aviation turbine fuel; and\n (f) tobacco and tobacco products.]\n 85. Corporation tax.\n\n______________________________________________\n1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 12 (with retrospective\n effect).\n2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for entry 79\n (w.e.f. 1-11-1956).\n3.Subs. by theConstitution (One Hundred and First Amendment) Act, 2016, s. 17(a)(i)\n for entry 84(w.e.f. 16-9-2016).\n316 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 86. Taxes on the capital value of the assets, exclusive of agricultural land,\nof individuals and companies; taxes on the capital of companies.\n 87. Estate duty in respect of property other than agricultural land.\n 88. Duties in respect of succession to property other than agricultural land.\n 89. Terminal taxes on goods or passengers, carried by railway, sea or air;\ntaxes on railway fares and freights.\n 90. Taxes other than stamp duties on transactions in stock exchanges and\nfutures markets.\n 91. Rates of stamp duty in respect of bills of exchange, cheques,\npromissory notes, bills of lading, letters of credit, policies of insurance, transfer\nof shares, debentures, proxies and receipts.\n 1[92. * * * * * *]\n\n 2[92A. Taxes on the sale or purchase of goods other than newspapers,\nwhere such sale or purchase takes place in the course of inter-State trade or\ncommerce.]\n 3[92B. Taxes on the consignments of goods (whether the consignment is to\nthe person making it or to any other person), where such consignment takes\nplace in the course of inter-State trade or commerce.]\n 4[92C. * * * * * *]\n 93. Offences against laws with respect to any of the matters in this List.\n 94. Inquires, surveys and statistics for the purpose of any of the matters in\nthis List.\n 95. Jurisdiction and powers of all courts, except the Supreme Court, with\nrespect to any of the matters in this List; admiralty jurisdiction.\n 96. Fees in respect of any of the matters in this List, but not including fees\ntaken in any court.\n 97. Any other matter not enumerated in List II or List III including any tax\nnot mentioned in either of those Lists.\n______________________________________________\n1. Entry 92 omitted by theConstitution (One Hundred and First Amendment) Act, 2016,\n s. 17( a)(ii) (w.e.f. 16-9-2016).\n2. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956).\n3. Ins.by the Constitution (Forty-sixth Amendment) Act, 1982, s. 5 (w.e.f. 2-2-1983).\n4. Entry 92C was ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 4\n (which was not enforced) and omitted by the Constitution (One Hundred and First\n Amendment) Act, 2016, s. 17( a)(ii) (w.e.f. 16-9-2016).\n317 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n List II—State List\n 1. Public order (but not including 1[the use of any naval, military or air\nforce or any other armed force of the Union or of any other force subject to the\ncontrol of the Union or of any contingent or unit thereof]in aid of the civil\npower).\n 2[2. Police (including railway and village police) subject to the provisions\nof entry 2A of List I.]\n 3. 3*** Officers and servants of the High Court; procedure in rent and\nrevenue courts; fees taken in all courts except the Supreme Court.\n 4. Prisons, reformatories, Borstal institutions and other institutions of a\nlike nature, and persons detained therein; arrangements with other States for the\nuse of prisons and other institutions.\n 5. Local government, that is to say, the constitution and powers of\nmunicipal corporations, improvement trusts, districts boards, mining settlement\nauthorities and other local authorities for the purpose of local self-government\nor village administration.\n 6. Public health and sanitation; hospitals and dispensaries.\n 7. Pilgrimages, other than pilgrimages to places outside India.\n 8. Intoxicating liquors, that is to say, the production, manufacture,\npossession, transport, purchase and sale of intoxicating liquors.\n 9. Relief of the disabled and unemployable.\n 10. Burials and burial grounds; cremations and cremation grounds.\n 4[11*****]\n 12. Libraries, museums and other similar institutions controlled or\nfinanced by the State; ancient and historical monuments and records other than\nthose 5[declared by or under law made by Parliament]to be of national\nimportance.\n\n______________________________________________\n1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57, for certain\n words (w.e.f. 3-1-1977).\n2. Subs. by s. 57, for entry 2, ibid. (w.e.f. 3-1-1977).\n3.Certain words omitted by s. 57, ibid. (w.e.f. 3-1-1977).\n4. Entry 11 omitted by s. 57, ibid. (w.e.f. 3-1-1977).\n5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for \"declared by\n Parliament by law\" (w.e.f. 1-11-1956).\n318 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 13. Communications, that is to say, roads, bridges, ferries, and other\nmeans of communication not specified in List I; municipal tramways;\nropeways; inland waterways and traffic thereon subject to the provisions of List\nI and List III with regard to such waterways; vehicles other than mechanically\npropelled vehicles.\n 14. Agriculture, including agricultural education and research, protection\nagainst pests and prevention of plant diseases.\n 15. Preservation, protection and improvement of stock and prevention of\nanimal diseases; veterinary training and practice.\n 16. Pounds and the prevention of cattle trespass.\n 17. Water, that is to say, water supplies, irrigation and canals, drainage\nand embankments, water storage and water power subject to the provisions of\nentry 56 of List I.\n 18. Land, that is to say, rights in or over land, land tenures including the\nrelation of landlord and tenant, and the collection of rents; transfer and\nalienation of agricultural land; land improvement and agricultural loans;\ncolonization.\n 1[19* ** * *\n 20* * * * *]\n 21. Fisheries.\n 22. Courts of wards subject to the provisions of entry 34 of List I;\nencumbered and attached estates.\n 23. Regulation of mines and mineral development subject to the\nprovisions of List I with respect to regulation and development under the\ncontrol of the Union.\n 24. Industries subject to the provisions of 2[entries 7 and 52]of List I.\n 25. Gas and gas-works.\n 26. Trade and commerce within the State subject to the provisions of entry\n33 of List III.\n\n______________________________________________\n1. Entries19 and 20 omitted by the Constitution (Forty-second Amendment) Act, 1976,\n s. 57 (w.e.f. 3-1-1977).\n2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 28 for entry 52\n (w.e.f. 1-11-1956).\n319 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 27. Production, supply and distribution of goods subject to the provisions\nof entry 33 of List III.\n 28. Markets and fairs.\n 1[29* * * * *]\n 30. Money-lending and money-lenders; relief of agricultural indebtedness.\n 31. Inns and inn-keepers.\n 32. Incorporation, regulation and winding up of corporations, other than\nthose specified in List I, and universities; unincorporated trading, literary,\nscientific, religious and other societies and associations; co-operative societies.\n 33. Theatres and dramatic performances; cinemas subject to the provisions\nof entry 60 of List I; sports, entertainments and amusements.\n 34. Betting and gambling.\n 35. Works, lands and buildings vested in or in the possession of the State.\n 2[36* * * * *]\n 37. Elections to the Legislature of the State subject to the provisions of\nany law made by Parliament.\n 38. Salaries and allowances of members of the Legislature of the State, of\nthe Speaker and Deputy Speaker of the Legislative Assembly and, if there is a\nLegislative Council, of the Chairman and Deputy Chairman thereof.\n 39. Powers, privileges and immunities of the Legislative Assembly and of\nthe members and the committees thereof, and, if there is a Legislative Council,\nof that Council and of the members and the committees thereof; enforcement of\nattendance of persons for giving evidence or producing documents before\ncommittees of the Legislature of the State.\n 40. Salaries and allowances of Ministers for the State.\n 41. State public services; State Public Service Commission.\n 42. State pensions, that is to say, pensions payable by the State or out of\nthe Consolidated Fund of the State.\n 43. Public debt of the State.\n 44. Treasure trove.\n______________________________________________\n1. Entry 29 omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 57\n (w.e.f. 3-1-1977).\n2. Entry 36 omitted by the Constitution (Seventh Amendment) Act, 1956, s. 26\n (w.e.f. 1-11-1956).\n320 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 45. Land revenue, including the assessment and collection of revenue, the\nmaintenance of land records, survey for revenue purposes and records of rights,\nand alienation of revenues.\n 46. Taxes on agricultural income.\n 47. Duties in respect of succession to agricultural land.\n 48. Estate duty in respect of agricultural land.\n 49. Taxes on lands and buildings.\n 50. Taxes on mineral rights subject to any limitations imposed by\nParliament by law relating to mineral development.\n 51. Duties of excise on the following goods manufactured or produced in\nthe State and countervailing duties at the same or lower rates on similar goods\nmanufactured or produced elsewhere in India:—\n (a) alcoholic liquors for human consumption;\n (b) opium, Indian hemp and other narcotic drugs and narcotics,\nbut not including medicinal and toilet preparations containing alcohol or any\nsubstance included in sub-paragraph ( b) of this entry.\n 1[52. * * * * * *]\n 53. Taxes on the consumption or sale of electricity.\n 2[54. Taxes on the sale of petroleum crude, high speed diesel, motor spirit\n(commonly known as petrol), natural gas, aviation turbine fuel and alcoholic\nliquor for human consumption, but not including sale in the course of\ninter-State trade or commerce or sale in the course of international trade or\ncommerce of such goods.]\n 3[55. * * * * * *]\n 56. Taxes on goods and passengers carried by road or on inland\nwaterways.\n\n______________________________________________\n1. Entry 52 omitted by theConstitution (One Hundred and First Amendment) Act, 2016,\n s. 17( b)(i) (w.e.f. 16-9-2016).\n2. Subs. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956) and\n further subs. by the Constitution (One Hundred and First Amendment) Act, 2016,\n s. 17( b)(ii) (w.e.f. 16-9-2016).\n3. Entry 55 omittedby the Constitution (One Hundred and First Amendment) Act, 2016,\n s. 17( b)(iii) (w.e.f. 16-9-2016).\n321 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 57. Taxes on vehicles, whether mechanically propelled or not, suitable for\nuse on roads, including tramcars subject to the provisions of entry 35 of List III.\n 58. Taxes on animals and boats.\n 59. Tolls.\n 60. Taxes on professions, trades, callings and employments.\n 61. Capitation taxes.\n 1[62. Taxes on entertainments and amusements to the extent levied and\ncollected by a Panchayat or a Municipality or a Regional Council or a District\nCouncil.]\n 63. Rates of stamp duty in respect of documents other than those specified\nin the provisions of List I with regard to rates of stamp duty.\n 64. Offences against laws with respect to any of the matters in this List.\n 65. Jurisdiction and powers of all courts, except the Supreme Court, with\nrespect to any of the matters in this List.\n 66. Fees in respect of any of the matters in this List, but not including fees\ntaken in any court.\n List III—Concurrent List\n 1. Criminal law, including all matters included in the Indian Penal Code\nat the commencement of this Constitution but excluding offences against laws\nwith respect to any of the matters specified in List I or List II and excluding the\nuse of naval, military or air forces or any other armed forces of the Union in aid\nof the civil power.\n 2. Criminal procedure, including all matters included in the Code of\nCriminal Procedure at the commencement of this Constitution.\n 3. Preventive detention for reasons connected with the security of a State,\nthe maintenance of public order, or the maintenance of supplies and services\nessential to the community; persons subjected to such detention.\n 4. Removal from one State to another State of prisoners, accused persons\nand persons subjected to preventive detention for reasons specified in entry 3 of\nthis List.\n\n______________________________________________\n1. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17( b)(iv),\n for entry 62(w.e.f. 16-9-2016).\n322 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 5. Marriage and divorce; infants and minors; adoption; wills, intestacy\nand succession; joint family and partition; all matters in respect of which\nparties in judicial proceedings were immediately before the commencement of\nthis Constitution subject to their personal law.\n 6. Transfer of property other than agricultural land; registration of deeds\nand documents.\n 7. Contracts, including partnership, agency, contracts of carriage, and\nother special forms of contracts, but not including contracts relating to\nagricultural land.\n 8. Actionable wrongs.\n 9. Bankruptcy and insolvency.\n 10. Trust and Trustees.\n 11. Administrators-general and official trustees.\n 1[11A. Administration of Justice; constitution and organisation of all\ncourts, except the Supreme Court and the High Courts.]\n 12. Evidence and oaths; recognition of laws, public acts and records, and\njudicial proceedings.\n 13. Civil procedure, including all matters included in the Code of Civil\nProcedure at the commencement of this Constitution, limitation and arbitration.\n 14. Contempt of court, but not including contempt of the Supreme Court.\n 15. Vagrancy; nomadic and migratory tribes.\n 16. Lunacy and mental deficiency, including places for the reception or\ntreatment of lunatics and mental deficients.\n 17. Prevention of cruelty to animals.\n 1[17A. Forests.\n 17B. Protection of wild animals and birds.]\n 18. Adulteration of foodstuffs and other goods.\n 19. Drugs and poisons, subject to the provisions of entry 59 of List I with\nrespect to opium.\n 20. Economic and social planning.\n 1[20A. Population control and family planning.]\n______________________________________________\n1. Entries 11A, 17A, 17B and 20A ins. by the Constitution (Forty-second Amendment)\n Act, 1976, s. 57 (w.e.f. 3-1-1977).\n323 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n 21. Commercial and industrial monopolies, combines and trusts.\n 22. Trade unions; industrial and labour disputes.\n 23. Social security and social insurance; employment and unemployment.\n 24. Welfare of labour including conditions of work, provident funds,\nemployers' liability, workmen's compensation, invalidity and old age pensions\nand maternity benefits.\n 1[25. Education, including technical education, medical education and\nuniversities, subject to the provisions of entries 63, 64, 65 and 66 of List I;\nvocational and technical training of labour.]\n 26. Legal, medical and other professions.\n 27. Relief and rehabilitation of persons displaced from their original place\nof residence by reason of the setting up of the Dominions of India and Pakistan.\n 28. Charities and charitable institutions, charitable and religious\nendowments and religious institutions.\n 29. Prevention of the extension from one State to another of infectious or\ncontagious diseases or pests affecting men, animals or plants.\n 30. Vital statistics including registration of births and deaths.\n 31. Ports other than those declared by or under law made by Parliament or\nexisting law to be major ports.\n 32. Shipping and navigation on inland waterways as regards mechanically\npropelled vessels, and the rule of the road on such waterways, and the carriage\nof passengers and goods on inland waterways subject to the provisions of List I\nwith respect to national waterways.\n 2[33. Trade and commerce in, and the production, supply and distribution\nof,—\n (a) the products of any industry where the control of such industry\n by the Union is declared by Parliament by law to be expedient in the\n public interest, and imported goods of the same kind as such products;\n (b) foodstuffs, including edible oilseeds and oils;\n (c) cattle fodder, including oilcakes and other concentrates;\n (d) raw cotton, whether ginned or unginned, and cotton seed; and\n (e) raw jute.]\n______________________________________________\n1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).\n2. Subs. by the Constitution (Third Amendment) Act, 1954, s. 2 for entry 33\n (w.e.f. 22-2-1955).\n324 THE CONSTITUTION OF INDIA\n (Seventh Schedule)\n\n\n 1[33A. Weights and measures except establishment of standards.]\n 34. Price control.\n 35. Mechanically propelled vehicles including the principles on which\ntaxes on such vehicles are to be levied.\n 36. Factories\n 37. Boilers.\n 38. Electricity.\n 39. Newspapers, books and printing presses.\n 40. Archaeological sites and remains other than those 2[declared by or\nunder law made by Parliament] to be of national importance.\n 41. Custody, management and disposal of property (including agricultural\nland) declared by law to be evacuee property.\n 3[42. Acquisition and requisitioning of property.]\n 43. Recovery in a State of claims in respect of taxes and other public\ndemands, including arrears of land-revenue and sums recoverable as such\narrears, arising outside that State.\n 44. Stamp duties other than duties or fees collected by means of judicial\nstamps, but not including rates of stamp duty.\n 45. Inquiries and statistics for the purposes of any of the matters specified\nin List II or List III.\n 46. Jurisdiction and powers of all courts, except the Supreme Court, with\nrespect to any of the matters in this List.\n 47. Fees in respect of any of the matters in this List, but not including fees\ntaken in any court.\n\n\n\n\n______________________________________________\n1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).\n2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for \"declared by\n Parliament by law\" (w.e.f. 1-11-1956).\n3. Subs. by s. 26 , ibid. for entry 42 (w.e.f. 1-11-1956).",
"footnote": "",
"is_definition": false,
"sort_order": 4460
},
{
"number": "448",
"title": "EIGHTH SCHEDULE",
"chapter": null,
"content": "EIGHTH SCHEDULE\n [Articles 344(1) and 351]\n Languages\n\n 1. Assamese.\n 2. Bengali.\n 1[3. Bodo.\n 4. Dogri.]\n 2[5.]Gujarati.\n\n 3[6.]Hindi.\n\n 3[7.]Kannada.\n\n 3[8.] Kashmiri.\n\n 4[3[9.] Konkani.]\n\n 1[10. Maithili.]\n\n 5[11.]Malayalam.\n\n 4[6[12.]Manipuri.]\n\n 6[13.]Marathi.\n\n 4[6[14.]Nepali.]\n\n 6[15.] 7[Odia].\n\n 6[16.]Punjabi.\n\n 6[17.]Sanskrit.\n\n______________________________________________\n1. Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).\n2. Entry3renumbered as entry 5by s. 2, ibid. (w.e.f. 7-1-2004).\n3. Entries4 to 7 renumbered as entries6 to 9 by s. 2, ibid. (w.e.f. 7-1-2004).\n4. Ins. by the Constitution (Seventy-first Amendment) Act, 1992, s.2 (w.e.f. 31-8-1992).\n5. Entry8 renumbered as entry11 bythe Constitution (Ninety-second Amendment) Act,\n 2003, s. 2 (w.e.f. 7-1-2004).\n6. Entries9 to 14 renumbered as entries12 to 17 bys. 2, ibid. (w.e.f. 7-1-2004).\n7. Subs. by the Constitution (Ninety-sixth Amendment) Act, 2011, s. 2, for \"Oriya\"\n (w.e.f. 23-9-2011).\n\n\n 325\n326 THE CONSTITUTION OF INDIA\n (Eighth Schedule)\n\n 1[18. Santhali.]\n\n 2[3[19.]Sindhi.]\n\n 4[20.]Tamil.\n\n 4[21.]Telugu.\n 4[22.] Urdu.\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n______________________________________________\n1. Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004).\n2.Added by the Constitution (Twenty-first Amendment) Act, 1967, s. 2 (w.e.f. 10-4-1967).\n3. Entry15 renumbered as entry19 bythe Constitution (Ninety-second Amendment)\n Act, 2003, s. 2 (w.e.f. 7-1-2004).\n4. Entries16 to 18 renumbered as entries20 to 22 bys. 2, ibid. (w.e.f. 7-1-2004).",
"footnote": "",
"is_definition": false,
"sort_order": 4470
},
{
"number": "449",
"title": "NINTH SCHEDULE",
"chapter": null,
"content": "1[NINTH SCHEDULE\n (Article 31B)\n 2. The Bombay Tenancy and Agricultural Lands Act, 1948.(Bombay Act 1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).\n\nLXVII of 1948).\n 3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949).\nof 1949). 4. The Bombay Taluqdari Tenure Abolition Act, 1949.(Bombay Act LXII\n\n 5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949.(Bombay Act\nLXIII of 1949).6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950).\n\n(Bombay Act LX of 1950).7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950.\n\n 8. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals,\nAlienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951).9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948\n\n(Madras Act XXVI of 1948).\n 10. The Madras Estates (Abolition and Conversion into Ryotwari)\nAmendment Act, 1950 (Madras Act I of 1950).11. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950\n\n(Uttar Pradesh Act I of 1951).\n1358, Fasli).12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F(No. LXIX of\n\n1359, Fasli).]13. The Hyderabad Jagirs (Commutation) Regulation, 1359F(No. XXV of\n\n 2[14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land)\nAct, 1950 (Bihar Act XXXVIII of 1950). 15. The United Provinces Land Acquisition (Rehabilitation of Refugees)\n\nAct, 1948 (U.P. Act XXVI of 1948).\n 16. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948\n(Act LX of 1948).17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted\n\nby section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950).\n 18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951).\n\n______________________________________________\n1. Ninth Schedule (entries 1 to 13) added by the Constitution (First Amendment)\n Act, 1951, s. 14 (w.e.f. 18-6-1951).\n2. Ninth Schedule (entries 14 to 20) added by the Constitution (Fourth Amendment)\n Act, 1955, s. 5 (w.e.f. 27-4-1955).\n 327\n328 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 19. Chapter III-A of the Industries (Development and Regulation)\nAct, 1951 (Act LXV of 1951), as inserted by section 13 of the Industries\n(Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953).\n 20. The West Bengal Land Development and Planning Act, 1948\n(West Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of\n1951.]\n 1[21. The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961\n(Andhra Pradesh Act X of 1961).\n 22. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands\n(Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961).\n 23. The Andhra Pradesh (Telangana Area) Ijara and Kowli Land\nCancellation of Irregular Pattas and Abolition of Concessional Assessment\nAct, 1961 (Andhra Pradesh Act XXXVI of 1961).\n 24. The Assam State Acquisition of Lands belonging to Religious or\nCharitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961).\n 25. The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of1954).\n 26. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of\nSurplus Land) Act, 1961 (Bihar Act XII of 1962), except section 28 of this Act.\n 27. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954\n(Bombay Act I of 1955).\n 28. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957\n(Bombay Act XVIII of 1958).\n 29. The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay\nAct XCVIII of 1958).\n 30. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)\nAct, 1960 (Gujarat Act XVI of 1960).\n 31. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI\nof 1961).\n 32. The Sagbara and Mehwassi Estates (Proprietary Rights Abolition, etc.)\nRegulation, 1962 (Gujarat Regulation I of 1962).\n\n______________________________________________\n1. Entries 21 to 64 and Explanation added by the Constitution (Seventeenth Amendment)\nAct, 1964, s. 3 (w.e.f. 20-6-1964).\n329 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 33. The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act\nXXXIII of 1963), except in so far as this Act relates to an alienation referred to\nin sub-clause ( d) of clause (3) of section 2 thereof.\n 34. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961\n(Maharashtra Act XXVII of 1961).\n 35. The Hyderabad Tenancy and Agricultural Lands (Re-enactment, Validation\nand Further Amendment) Act, 1961 (Maharashtra Act XLV of 1961).\n 36. The Hyderabad Tenancy and Agricultural Lands Act, 1950\n(Hyderabad Act XXI of 1950).\n 37. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961).\n 38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961).\n 39. The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964).\n 40. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh\nAct XX of 1959).\n 41. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960\n(Madhya Pradesh Act XX of 1960).\n 42. The Madras Cultivating Tenants Protection Act, 1955\n(Madras Act XXV of 1955).\n 43. The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956\n(Madras Act XXIV of 1956).\n 44. The Madras Occupants of Kudiyiruppu (Protection from Eviction)\nAct, 1961 (Madras Act XXXVIII of 1961).\n 45. The Madras Public Trusts (Regulation of Administration of\nAgricultural Lands) Act, 1961 (Madras Act LVII of 1961).\n 46. The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961\n(Madras Act LVIII of 1961).\n 47. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952).\n 48. The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957).\n 49. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961).\n 50. The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961\n(Mysore Act XXXVI of 1961).\n 51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962).\n330 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960).\n 53. The Orissa Merged Territories (Village Offices Abolition) Act, 1963\n(Orissa Act X of 1963).\n 54. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953).\n 55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955).\n 56. The Rajasthan Zamindari and Biswedari Abolition Act, 1959\n(Rajasthan Act VIII of 1959).\n 57. The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms\nAct, 1960 (Uttar Pradesh Act XVII of 1960).\n 58. The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960\n(Uttar Pradesh Act I of 1961).\n 59. The West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of 1954).\n 60. The West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956).\n 61. The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954).\n 62. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960).\n 63. The Manipur Land Revenue and Land Reforms Act, 1960\n(Central Act 33 of 1960).\n 64. The Tripura Land Revenue and Land Reforms Act, 1960\n(Central Act 43 of 1960).\n 1[65. The Kerala Land Reforms (Amendment) Act, 1969\n(Kerala Act 35 of 1969).\n 66. The Kerala Land Reforms (Amendment) Act, 1971\n(Kerala Act 25 of 1971).]\n 2[67. The Andhra Pradesh Land Reforms (Ceiling on Agricultural\nHoldings) Act, 1973 (Andhra Pradesh Act 1 of 1973).\n 68. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of\nSurplus Land) (Amendment) Act, 1972 (Bihar Act Iof 1973).\n\n______________________________________________\n1. Entries 65 and 66 ins. by the Constitution (Twenty-ninth Amendment) Act, 1972, s. 2\n(w.e.f. 9-6-1972).\n2. Entries 67 and 86 ins.. by the Constitution (Thirty-fourth Amendment) Act, 1974, s. 2\n(w.e.f. 7-9-1974).\n331 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 69. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of\nSurplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973).\n 70. The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of\n1972).\n 71. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972\n(Gujarat Act 2 of 1974).\n 72. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972).\n 73. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal\nPradesh Act 19 of 1973).\n 74. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972).\n 75. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)\nAct, 1972 (Madhya Pradesh Act 12 of 1974).\n 76. The Madhya Pradesh Ceiling on Agricultural Holdings (Second\nAmendment) Act, 1972 (Madhya Pradesh Act 13 of 1974).\n 77. The Mysore Land Reforms (Amendment) Act, 1973\n(Karnataka Act 1 of 1974).\n 78. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973).\n 79. The Rajasthan Imposition of Ceiling on Agricultural Holdings Act,\n1973 (Rajasthan Act 11 of 1973).\n 80. The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari)\nAct, 1969 (Tamil Nadu Act 24 of 1969).\n 81. The West BengalLand Reforms (Amendment) Act,1972(West\nBengal Act XII of 1972).\n 82. The West Bengal Estates Acquisition (Amendment) Act, 1964 (West\nBengal Act XXII of 1964).\n 83. The West Bengal Estates Acquisition (Second Amendment) Act, 1973\n(West Bengal Act XXXIII of 1973).\n 84. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)\nAct, 1972 (Gujarat Act 5 of 1973).\n 85. The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of\n1974).\n 86. The Tripura Land Revenue and Land Reforms (Second Amendment)\nAct,1974 (Tripura Act 7 of 1974).]\n332 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n\n 1[287* * * * *]\n 88. The Industries (Development and Regulation) Act, 1951 (Central Act\n65 of 1951).\n 89. The Requisitioning and Acquisition of Immovable Property Act, 1952\n(Central Act 30 of 1952).\n 90. The Mines and Minerals (Regulation and Development) Act, 1957\n(Central Act 67 of 1957).\n 91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central\nAct 54 of 1969).\n 2[92* * * * *]\n 93. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central\nAct 64 of 1971).\n 94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of\n1972).\n 95. The General Insurance Business (Nationalisation) Act, 1972 (Central\nAct 57 of 1972).\n 96. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972\n(Central Act 58 of 1972).\n 97. The Sick Textile Undertakings (Taking Over of Management) Act,\n1972 (Central Act 72 of 1972).\n 98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act\n15 of 1973).\n 99. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973).\n 100. The Foreign Exchange Regulation Act, 1973 (Central Act 46 of\n1973).\n 101. TheAlcockAshdownCompanyLimited(AcquisitionofUnder-\ntakings) Act, 1973 (Central Act 56 of 1973).\n______________________________________________\n1. Entries 87 to 124 ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 5\n (w.e.f. 10-8-1975).\n2. Entries 87 and 92 omitted by the Constitution (Forty-fourth Amendment) Act, 1978,\n s. 44 (w.e.f. 20-6-1979).\n Rep. by the Competition Act, 2002 (12 of 2003) s. 66 (w.e.f. 1-9-2009).\n Rep. by the Foreign Exchange Management Act, 1999 (42 of 1999), s. 49 (w.e.f. 1-6-2000).\n333 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 102. The Coal Mines (Conservation and Development) Act, 1974 (Central\nAct 28 of 1974).\n 103. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central\nAct 37 of 1974).\n 104. The Conservation of Foreign Exchange and Prevention of Smuggling\nActivities Act, 1974 (Central Act 52 of 1974).\n 105. The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central\nAct 57 of 1974).\n 106. The Maharashtra Agricultural Lands (Ceiling on Holdings)\n(Amendment) Act, 1964 (Maharashtra Act XVI of 1965).\n 107. The Maharashtra Agricultural Lands (Ceiling on Holdings)\n(Amendment) Act, 1965 (Maharashtra Act XXXII of 1965).\n 108. The Maharashtra Agricultural Lands (Ceiling on Holdings)\n(Amendment) Act, 1968 (Maharashtra Act XVI of 1968).\n 109. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second\nAmendment) Act, 1968 (Maharashtra Act XXXIII of 1968).\n 110. The Maharashtra Agricultural Lands (Ceiling on Holdings)\n(Amendment) Act, 1969 (Maharashtra Act XXXVII of 1969).\n 111. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second\nAmendment) Act, 1969 (Maharashtra Act XXXVIII of 1969).\n 112. The Maharashtra Agricultural Lands (CeilingonHoldings)\n(Amendment) Act, 1970 (Maharashtra Act XXVII of 1970).\n 113. The Maharashtra AgriculturalLands(CeilingonHoldings)\n(Amendment) Act, 1972 (Maharashtra Act XIII of 1972).\n 114. The MaharashtraAgriculturalLands (Ceiling on Holdings)\n(Amendment) Act, 1973 (Maharashtra Act L of 1973).\n 115. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of\n1965).\n 116. The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of\n1967).\n 117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of\n1967).\n334 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of\n1969).\n 119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of\n1970).\n 120. The Uttar Pradesh Imposition of Ceiling on Land Holdings\n(Amendment) Act, 1972 (Uttar Pradesh Act 18 of 1973).\n 121. The Uttar Pradesh Imposition of Ceiling on Land Holdings\n(Amendment) Act, 1974 (Uttar Pradesh Act 2 of 1975).\n 122. The Tripura Land Revenue and Land Reforms (Third Amendment)\nAct, 1975 (Tripura Act 3 of 1975).\n 123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971).\n 124. The Dadra and Nagar Haveli Land Reforms (Amendment)\nRegulation, 1973 (5 of 1973).]\n 1[125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939\n(Central Act 4 of 1939).\n 126. The Essential Commodities Act, 1955 (Central Act 10 of 1955).\n 127. The Smugglers and Foreign Exchange Manipulators (Forfeiture of\nProperty) Act, 1976 (Central Act 13 of 1976).\n 128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of\n1976).\n 129. The Conservation of Foreign Exchange and Prevention of Smuggling\nActivities (Amendment) Act, 1976 (Central Act 20 of 1976).\n 2130* * * * *\n 131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of\n1976).\n 132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33\nof 1976).\n\n______________________________________________\n1. Entries 125 to 188 ins. by the Constitution (Fortieth Amendment) Act, 1976, s. 3\n (w.e.f. 27-5-1976).\n See now the relevant provisions of the Motor Vehicles Act, 1988 (59 of 1988).\n2. Entry 130 omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 44\n (w.e.f. 20-6-1979).\n335 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 133. The Departmentalisation of Union Accounts (Transfer of Personnel)\nAct, 1976 (Central Act 59 of 1976).\n 134. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam\nAct I of 1957).\n 135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act,\n1958 (Bombay Act XCIX of 1958).\n 136. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14\nof 1973).\n 137. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976\n(Haryana Act 17 of 1976).\n 138. The Himachal Pradesh Tenancy and Land Reforms Act, 1972\n(Himachal Pradesh Act 8 of 1974).\n 139. The Himachal Pradesh Village Common Lands Vesting and\nUtilisation Act, 1974 (Himachal Pradesh Act 18 of 1974).\n 140. The Karnataka Land Reforms (Second Amendment and Miscellaneous\nProvisions) Act, 1974 (Karnataka Act 31 of 1974).\n 141. The Karnataka Land Reforms (Second Amendment) Act, 1976\n(Karnataka Act 27 of 1976).\n 142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966).\n 143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969).\n 144. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of\n1969).\n 145. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act,\n1971 (Kerala Act 20 of 1971).\n 146. The Kerala Private Forests (Vesting and Assignment) Act, 1971\n(Kerala Act 26 of 1971).\n 147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974).\n 148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29\nof 1974).\n 149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975).\n 150. The Kerala Scheduled Tribes (Restriction on Transfer of Lands and\nRestoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975).\n336 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 151. The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of\n1976).\n 152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976).\n 153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)\nAct, 1974 (Madhya Pradesh Act 20 of 1974).\n 154. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)\nAct, 1975 (Madhya Pradesh Act 2 of 1976).\n 155. The West Khandesh Mehwassi Estates (Proprietary Rights Abolition,\netc.) Regulation, 1961 (Maharashtra Regulation 1 of 1962).\n 156. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974\n(Maharashtra Act XIV of 1975).\n 157. The Maharashtra Agricultural Lands (Lowering of Ceiling on\nHoldings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975).\n 158. The Maharashtra Private Forest (Acquisition) Act, 1975 (Maharashtra\nAct XXIX of 1975).\n 159. The Maharashtra Agricultural Lands (Lowering of Ceiling on\nHoldings) and (Amendment) Amendment Act, 1975 (Maharashtra Act XLVII\nof 1975).\n 160. The Maharashtra Agricultural Lands (Ceiling on Holdings)\n(Amendment) Act, 1975 (Maharashtra Act II of 1976).\n 161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952).\n 162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954).\n 163. The Rajasthan Land Reforms and Acquisition of Landowners’ Estates\nAct, 1963 (Rajasthan Act 11 of 1964).\n 164. The Rajasthan Imposition of Ceiling on Agricultural Holdings\n(Amendment) Act, 1976 (Rajasthan Act 8 of 1976).\n 165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of\n1976).\n 166. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act,\n1970 (Tamil Nadu Act 17 of 1970).\n 167. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\nAmendment Act, 1971 (Tamil Nadu Act 41 of 1971).\n337 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 168. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\nAmendment Act, 1972 (Tamil Nadu Act 10 of 1972).\n 169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second\nAmendment Act, 1972 (Tamil Nadu Act 20 of 1972).\n 170. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third\nAmendment Act, 1972 (Tamil Nadu Act 37 of 1972).\n 171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth\nAmendment Act, 1972 (Tamil Nadu Act 39 of 1972).\n 172. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth\nAmendment Act, 1972 (Tamil Nadu Act 7 of 1974).\n 173. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth\nAmendment Act, 1972 (Tamil Nadu Act 10 of 1974).\n 174. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\nAmendment Act, 1974 (Tamil Nadu Act 15 of 1974).\n 175. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third\nAmendment Act, 1974 (Tamil Nadu Act 30 of 1974).\n 176. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second\nAmendment Act, 1974 (Tamil Nadu Act 32 of 1974).\n 177. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\nAmendment Act, 1975 (Tamil Nadu Act 11 of 1975).\n 178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second\nAmendment Act, 1975 (Tamil Nadu Act 21 of 1975).\n 179. Amendments made to the Uttar Pradesh Zamindari Abolition and\nLand Reforms Act, 1950 (Uttar Pradesh Act I of 1951) by the Uttar Pradesh\nLand Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of 1971) and the\nUttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh Act 34 of\n1974).\n 180. The Uttar Pradesh Imposition of Ceiling on Land Holdings\n(Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976).\n 181. The West Bengal Land Reforms (Second Amendment) Act, 1972\n(West Bengal Act XXVIII of 1972).\n 182. The West Bengal Restoration of Alienated Land Act, 1973 (West\nBengal Act XXIII of 1973).\n338 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 183. The West Bengal Land Reforms (Amendment) Act, 1974 (West\nBengal Act XXXIII of 1974).\n 184. The West Bengal Land Reforms (Amendment) Act, 1975 (West\nBengal Act XXIII of 1975).\n 185. The West Bengal Land Reforms (Amendment) Act, 1976 (West\nBengal Act XII of 1976).\n 186. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central\nAct 15 of 1976).\n 187. The Goa, Daman and Diu Mundkars (Protection from Eviction) Act,\n1975 (Goa, Daman and Diu Act 1 of 1976).\n 188. The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act,\n1973 (Pondicherry Act 9 of 1974).]\n 1[189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam\nAct XXIII of 1971).\n 190. The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act,\n1974 (Assam Act XVIII of 1974).\n 191. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of\nSurplus Land) (Amendment) Amending Act, 1974 (Bihar Act 13 of 1975).\n 192. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of\nSurplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976).\n 193. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of\nSurplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978).\n 194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of\n1980).\n 195. The Haryana Ceiling on Land Holdings (Amendment) Act, 1977\n(Haryana Act 14 of 1977).\n 196. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\nAmendment Act, 1978 (Tamil Nadu Act 25 of 1978).\n 197. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\nAmendment Act, 1979 (Tamil Nadu Act 11 of 1979).\n______________________________________________\n1. Entries 189 to 202 were ins. by the Constitution (Forty-seventh Amendment)\n Act, 1984, s. 2 (w.e.f. 26-8-1984).\n339 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978\n(Uttar Pradesh Act 15 of 1978).\n 199. The West Bengal Restoration of Alienated Land (Amendment) Act,\n1978 (West Bengal Act XXIV of 1978).\n 200. The West Bengal Restoration of Alienated Land (Amendment) Act,\n1980 (West Bengal Act LVI of 1980).\n 201. The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa,\nDaman and Diu Act 7 of 1964).\n 202. The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment)\nAct, 1976 (Goa, Daman and Diu Act 17 of 1976).]\n 1[203. The Andhra Pradesh Scheduled Areas Land Transfer Regulation,\n1959 (Andhra Pradesh Regulation 1 of 1959).\n 204. The Andhra Pradesh Scheduled Areas Laws (Extension and\nAmendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963).\n 205. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)\nRegulation, 1970 (Andhra Pradesh Regulation 1 of 1970).\n 206. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)\nRegulation, 1971 (Andhra Pradesh Regulation 1 of 1971).\n 207. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)\nRegulation, 1978 (Andhra Pradesh Regulation 1 of 1978).\n 208. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885).\n 209. The Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908)\n(Chapter VIII—sections 46, 47, 48, 48A and 49; Chapter X—sections 71, 71A\nand 71B; and Chapter XVIII—sections 240, 241 and 242).\n 210. The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949\n(Bihar Act 14 of 1949) except section 53.\n 211. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969).\n 212. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of\nSurplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982).\n\n______________________________________________\n1. Entries 203 to 257 were ins. by the Constitution (Sixty-sixth Amendment) Act, 1990,\n s. 2 (w.e.f. 7-6-1990).\n340 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 213. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of\n1969).\n 214. The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37\nof 1976).\n 215. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976\n(President's Act 43 of 1976).\n 216. The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977\n(Gujarat Act 27 of 1977).\n 217. The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30\nof 1977).\n 218. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980\n(Gujarat Act 37 of 1980).\n 219. The Bombay Land Revenue Code and Land Tenure Abolition Laws\n(Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982).\n 220. The Himachal Pradesh Transfer of Land (Regulation) Act, 1968\n(Himachal Pradesh Act 15 of 1969).\n 221. The Himachal Pradesh Transfer of Land (Regulation) (Amendment)\nAct, 1986 (Himachal Pradesh Act 16 of 1986).\n 222. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of\nTransfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979).\n 223. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978).\n 224. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of\n1981).\n 225. The Madhya Pradesh Land Revenue Code (Third Amendment) Act,\n1976 (Madhya Pradesh Act 61 of 1976).\n 226. The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980\n(Madhya Pradesh Act 15 of 1980).\n 227. The Madhya Pradesh Akrishik Jot Uchchatam Seema Adhiniyam,\n1981 (Madhya Pradesh Act 11 of 1981).\n 228. The Madhya Pradesh Ceiling on Agricultural Holdings (Second\nAmendment) Act, 1976 (Madhya Pradesh Act 1 of 1984).\n 229. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)\nAct, 1984 (Madhya Pradesh Act 14 of 1984).\n341 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 230. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)\nAct, 1989 (Madhya Pradesh Act 8 of 1989).\n 231. The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of\n1966), sections 36, 36A and 36B.\n 232. The Maharashtra Land RevenueCodeandthe Maharashtra\nRestoration of Lands to Scheduled Tribes (Second Amendment) Act, 1976\n(Maharashtra Act 30 of 1977).\n 233. The Maharashtra Abolition of Subsisting Proprietary Rights to Mines\nand Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of 1985).\n 234. The Orissa Scheduled Areas Transfer of Immovable Property (by\nScheduled Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956).\n 235. The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa\nAct 29 of 1976).\n 236. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976).\n 237. The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa\nAct 44 of 1976).\n 238. The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act\n12 of 1984).\n 239. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of\n1984).\n 240. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of\n1987).\n 241. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second\nAmendment Act, 1979 (Tamil Nadu Act 8 of 1980).\n 242. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\nAmendment Act, 1980 (Tamil Nadu Act 21 of 1980).\n 243. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\nAmendment Act, 1981 (Tamil Nadu Act 59 of 1981).\n 244. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second\nAmendment Act, 1983 (Tamil Nadu Act 2 of 1984).\n 245. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh\nAct 20 of 1982).\n342 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 246. The West Bengal Land Reforms (Amendment) Act, 1965 (West\nBengal Act 18 of 1965).\n 247. The West Bengal Land Reforms (Amendment) Act, 1966 (West\nBengal Act 11 of 1966).\n 248. The West Bengal Land Reforms (Second Amendment) Act, 1969\n(West Bengal Act 23 of 1969).\n 249. The West Bengal Estate Acquisition (Amendment) Act, 1977 (West\nBengal Act 36 of 1977).\n 250. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act\n44 of 1979).\n 251. The West Bengal Land Reforms (Amendment) Act, 1980 (West\nBengal Act 41 of 1980).\n 252. The West Bengal Land Holding Revenue (Amendment) Act, 1981\n(West Bengal Act 33 of 1981).\n 253. The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981\n(West Bengal Act 37 of 1981).\n 254. The West Bengal Land Holding Revenue (Amendment) Act, 1982\n(West Bengal Act 23 of 1982).\n 255. The Calcutta Thikka Tenancy (Acquisition and Regulation)\n(Amendment) Act, 1984 (West Bengal Act 41 of 1984).\n 256. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968).\n 257. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1\nof 1981).]\n 1[257A. The Tamil Nadu Backward Classes, Scheduled Castes and\nScheduled Tribes (Reservation of Seats in Educational Institutions and of\nappointments or posts in the Services under the State) Act, 1993(Tamil Nadu\nAct 45 of 1994).]\n\n\n______________________________________________\n1. Entry 257A ins. by the Constitution (Seventy-sixth Amendment) Act, 1994, s. 2 (w.e.f.\n31-8-1994).\n343 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n\n 1[258. The Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar\nAct 4 of 1948).\n 259. The Bihar Consolidation of Holdings and Prevention of Fragmentation\nAct, 1956 (Bihar Act 22 of 1956).\n 260. The Bihar Consolidation of Holdings and Prevention of Fragmentation\n(Amendment) Act, 1970 (Bihar Act 7 of 1970).\n 261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,\n1970 (Bihar Act 9 of 1970).\n 262. The Bihar Consolidation of Holdings and Prevention of Fragmentation\n(Amendment) Act, 1973 (Bihar Act 27 of 1975).\n 263. The Bihar Consolidation of Holdings and Prevention of Fragmentation\n(Amendment) Act, 1981 (Bihar Act 35 of 1982).\n 264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of\nSurplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987).\n 265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,\n1989 (Bihar Act 11 of 1989).\n 266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990).\n 267. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of\nTransfer of Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of 1984).\n 268. The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989).\n 269. The Kerala Land Reforms (Second Amendment) Act, 1989 (Kerala\nAct 2 of 1990).\n 270. The Orissa Land Reforms (Amendment) Act, 1989 (Orissa Act 9 of\n1990).\n 271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979).\n 272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2\nof 1987).\n 273. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act\n12 of 1989).\n\n______________________________________________\n1. Entries 258 to 284 ins. by the Constitution (Seventy-eighth Amendment) Act, 1995,\n s. 2 (w.e.f. 30-8-1995).\n344 THE CONSTITUTION OF INDIA\n (Ninth Schedule)\n\n 274. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\nAmendment Act, 1983 (Tamil Nadu Act 3 of 1984).\n 275. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\nAmendment Act, 1986 (Tamil Nadu Act 57 of 1986).\n 276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second\nAmendment Act, 1987 (Tamil Nadu Act 4 of 1988).\n 277. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)\n(Amendment) Act, 1989 (Tamil Nadu Act 30 of 1989).\n 278. The West Bengal Land Reforms (Amendment) Act, 1981 (West\nBengal Act 50 of 1981).\n 279. The West Bengal Land Reforms (Amendment) Act, 1986 (West\nBengal Act 5 of 1986).\n 280. The West Bengal Land Reforms (Second Amendment) Act, 1986\n(West Bengal Act 19 of 1986).\n 281. The West Bengal Land Reforms (Third Amendment) Act, 1986 (West\nBengal Act 35 of 1986).\n 282. The West Bengal Land Reforms (Amendment) Act, 1989 (West\nBengal Act 23 of 1989).\n 283. The West Bengal Land Reforms (Amendment) Act, 1990 (West\nBengal Act 24 of 1990).\n 284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act\n12 of 1991).]\n Explanation :—Any acquisition made under the Rajasthan Tenancy Act,\n1955 (Rajasthan Act 3 of 1955), in contravention of the second proviso to\nclause(1) of article 31A shall, to the entent of the contravention, be void.]",
"footnote": "",
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{
"number": "450",
"title": "TENTH SCHEDULE",
"chapter": null,
"content": "1[TENTH SCHEDULE\n [Articles 102(2) and 191(2)]\n Provisions as to disqualification on ground of defection\n 1. Interpretation.—In this Schedule, unless the context otherwise requires,—\n (a) \"House\" means either House of Parliament or the Legislative\n Assembly or, as the case may be, either House of the Legislature of a State;\n belonging to any political party in accordance with the provisions of (b) \"legislature party\", in relation to a member of a House\n paragraph 2 or 2***paragraph 4, means the group consisting of all the\n members of that House for the time being belonging to that political\n party in accordance with the said provisions;\n (c) \"original political party\", in relation to a member of a House,\n means the political party to which he belongs for the purposes of sub-\n paragraph (1) of paragraph 2;\n (d) \"paragraph\" means a paragraph of this Schedule.\n 2.Disqualification on ground of defection.— (1) Subject to the\nprovisions of 3[paragraphs 4 and 5], a member of a House belonging to any\npolitical party shall be disqualified for being a member of the House—\n (a) if he has voluntarily given up his membership of such political\n party; or\n any direction issued by the political party to which he belongs or by any (b) if he votes or abstains from voting in such House contrary to\n\n person or authority authorised by it in this behalf, without obtaining, in\n either case, the prior permission of such political party, person or\n authority and such voting or abstention has not been condoned by such\n political party, person or authority within fifteen days from the date of\n such voting or abstention.\n Explanation .—For the purposes of this sub-paragraph,—\n the political party, if any, by which he was set up as a candidate for (a) an elected member of a House shall be deemed to belong to\n\n election as such member;\n (b) a nominated member of a House shall,—\n\n______________________________________________\n1. Tenth Schedule added by the Constitution (Fifty-second Amendment) Act, 1985,s. 6\n (w.e.f. 1-3-1985).\n2. Certain words omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5\n (w.e.f. 1-1-2004).\n3. Subs. by s. 5, ibid., for \"paragraphs 3, 4 and 5\"(w.e.f. 1-1-2004).\n 345\n346 THE CONSTITUTION OF INDIA\n (Tenth Schedule)\n\n of his nomination as such member, be deemed to belong to such (i) where he is a member of any political party on the date\n\n political party;\n party of which he becomes, or, as the case may be, first becomes, (ii) in any other case, be deemed to belong to the political\n a member before the expiry of six months from the date on which\n he takes his seat after complying with the requirements of article\n 99 or, as the case may be, article 188.\n (2) An elected member of a House who has been elected as such otherwise\nthan as a candidate set up by any political party shall be disqualified for being a\nmember of the House if he joins any political party after such election.\nmember of the House if he joins any political party after the expiry of six (3) A nominated member of a House shall be disqualified for being a\nmonths from the date on which he takes his seat after complying with the\nrequirements of article 99 or, as the case may be, article 188.\nthis paragraph, a person who, on the commencement of the Constitution (Fifty-(4) Notwithstanding anything contained in the foregoing provisions of\nsecond Amendment) Act, 1985, is a member of a House (whether elected or\nnominated as such) shall,—\n (i) where he was a member of political party immediately before\n such commencement, be deemed, for the purposes of sub-paragraph (1)\n of this paragraph, to have been elected as a member of such House as a\n candidate set up by such political party;\n House who has been elected as such otherwise than as a candidate set up (ii) in any other case, be deemed to be an elected member of the\n by any political party for the purposes of sub-paragraph (2) of this\n paragraph or, as the case may be, be deemed to be a nominated member\n of the House for the purposes of sub-paragraph (3) of this paragraph.\n 1* * * * *\nmerger.—4.Disqualification on ground of defection not to apply in case of (1) A member of a House shall not be disqualified under\nsub-paragraph (1) of paragraph 2 where his original political party merges with\nanother political party and he claims that he and any other members of his\noriginal political party—\n case may be, of a new political party formed by such merger; or(a) have become members of such other political party or, as the\n\n (b) have not accepted the merger and opted to function as a\n separate group,\n______________________________________________\n1. Paragraph 3 omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5\n (w.e.f. 1-1-2004).\n347 THE CONSTITUTION OF INDIA\n (Tenth Schedule)\n\nand from the time of such merger, such other political party or new political\nparty or group, as the case may be, shall be deemed to be the political party to\nwhich he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to\nbe his original political party for the purposes of this sub-paragraph.\n (2) For the purposes of sub-paragraph (1) of this paragraph, the merger\nof the original political party of a member of a House shall be deemed to have\ntaken place if, and only if, not less than two-thirds of the members of the\nlegislature party concerned have agreed to such merger.\n 5. Exemption.— Notwithstanding anything contained in this Schedule, a\nperson who has been elected to the office of the Speaker or the Deputy Speaker\nof the House of the People or the Deputy Chairman of the Council of States or\nthe Chairman or the Deputy Chairman of the Legislative Council of a State or\nthe Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall\nnot be disqualified under this Schedule,—\n (a) if he, by reason of his election to such office, voluntarily gives\n up the membership of the political party to which he belonged\n immediately before such election and does not, so long as he continues\n to hold such office thereafter, rejoin that political party or become a\n member of another political party; or\n (b) if he, having given up by reason of his election to such office his\n membership of the political party to which he belonged immediately before\n such election, rejoins such political party after he ceases to hold such office.\n 6. Decision on questions as to disqualification on ground of\ndefection.— (1) If any question arises as to whether a member of a House has\nbecome subject to disqualification under this Schedule, the question shall be\nreferred for the decision of the Chairman or, as the case may be, the Speaker of\nsuch House and his decision shall be final:\n Provided that where the question which has arisen is as to whether the\nChairman or the Speaker of a House has become subject to such disqualification,\nthe question shall be referred for the decision of such member of the House as the\nHouse may elect in this behalf and his decision shall be final.\n (2) All proceedings under sub-paragraph (1) of this paragraph in relation\nto any question as to disqualification of a member of a House under this\nSchedule shall be deemed to be proceedings in Parliament within the meaning\nof article 122 or, as the case may be, proceedings in the Legislature of a State\nwithin the meaning of article 212.\n348 THE CONSTITUTION OF INDIA\n (Tenth Schedule)\n\nConstitution, no court shall have any jurisdiction in respect of any matter *7. Bar of jurisdiction of courts.—Notwithstanding anything in this\n\nconnected with the disqualification of a member of a House under this Schedule.\nparagraph, the Chairman or the Speaker of a House may make rules for giving 8.Rules.—(1) Subject to the provisions of sub-paragraph (2) of this\n\neffect to the provisions of this Schedule, and in particular, and without\nprejudice to the generality of the foregoing, such rules may provide for—\n (a) the maintenance of registers or other records as to the political\n parties, if any, to which different members of the House belong;\n member of a House shall furnish with regard to any condonation of the (b) the report which the leader of a legislature party in relation to a\n\n nature referred to in clause ( b) of sub-paragraph (1) of paragraph 2 in\n respect of such member, the time within which and the authority to\n whom such report shall be furnished;\n admission to such political party of any members of the House and the (c) the reports which a political party shall furnish with regard to\n\n officer of the House to whom such reports shall be furnished; and\n (d) the procedure for deciding any question referred to in\n sub-paragraph (1) of paragraph 6 including the procedure for any inquiry\n which may be made for the purpose of deciding such question.\n (2) The rules made by the Chairman or the Speaker of a House under\nsub-paragraph (1) of this paragraph shall be laid as soon as may be after they\nare made before the House for a total period of thirty days which may be\ncomprised in one session or in two or more successive sessions and shall take\neffect upon the expiry of the said period of thirty days unless they are sooner\napproved with or without modifications or disapproved by the House and\nwhere they are so approved, they shall take effect on such approval in the form\nin which they were laid or in such modified form, as the case may be, and\nwhere they are so disapproved, they shall be of no effect.\n (3) The Chairman or the Speaker of a House may, without prejudice to\nthe provisions of article 105 or, as the case may be, article 194, and to any other\npower which he may have under this Constitution direct that any wilful\ncontravention by any person of the rules made under this paragraph may be\ndealt with in the same manner as a breach of privilege of the House.]\n\n______________________________________________\n*Paragraph 7 declared invalid for want of ratification in accordance with the proviso to clause (2) of\n article 368 as per majority opinion in Kihoto Hollohon Vs. Zachilhu and Others A.I.R. 1993\n SC 412.",
"footnote": "",
"is_definition": false,
"sort_order": 4490
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{
"number": "451",
"title": "ELEVENTH SCHEDULE",
"chapter": null,
"content": "1[ELEVENTH SCHEDULE\n (Article 243G)\n 1.Agriculture, including agricultural extension.\n 2. Land improvement, implementation of land reforms, land\n consolidation and soil conservation.\n 3.Minor irrigation, water management and watershed\n development.\n 4. Animal husbandry, dairying and poultry.\n 5. Fisheries.\n 6.Social forestry and farm forestry.\n 7. Minor forest produce.\n 8. Small scale industries, including food processing industries.\n 9.Khadi, village and cottage industries.\n 10.Rural housing.\n 11.Drinking water.\n 12. Fuel and fodder.\n 13.Roads, culverts, bridges, ferries, waterways and other means of\n 14.Rural electrification, including distribution of electricity.communication.\n\n 15.Non-conventional energy sources.\n 16.Poverty alleviation programme.\n 17.Education, including primary and secondary schools.\n 18.Technical training and vocational education.\n 19.Adult and non-formal education.\n 20.Libraries.\n 21.Cultural activities.\n 22.Markets and fairs.\n 23.Health and sanitation, including hospitals, primary health\n centres and dispensaries.\n 24.Family welfare.\n 25.Women and child development.\n 26.Social welfare, including welfare of the handicapped and mentally retarded.\n\n 27.Welfare of the weaker sections, and in particular, of the\n Scheduled Castes and the Scheduled Tribes.\n 28.Public distribution system.\n 29. Maintenance of community assets.]\n______________________________________________\n1. Eleventh Schedule added by the Constitution (Seventy-third Amendment) Act, 1992,\n s. 4 (w.e.f. 24-4-1993).\n 349",
"footnote": "",
"is_definition": false,
"sort_order": 4500
},
{
"number": "452",
"title": "TWELFTH SCHEDULE",
"chapter": null,
"content": "1[TWELFTH SCHEDULE\n (Article 243W)\n\n 1.Urban planning including town planning.\n 2. Regulation of land-use and construction of buildings.\n 3. Planning for economic and social development.\n 4.Roads and bridges.\n 5.Water supply for domestic, industrial and commercial purposes.\n 6.Public health, sanitation conservancy and solid waste\n management.\n 7. Fire services.\n 8. Urban forestry, protection of the environment and promotion of\n ecological aspects.\n 9.Safeguarding the interests of weaker sections of society,\n including the handicapped and mentally retarded.\n 10.Slum improvement and upgradation.\n 11.Urban poverty alleviation.\n 12. Provision of urban amenities and facilities such as parks,\n gardens, playgrounds.\n 13.Promotion of cultural, educational and aesthetic aspects.\n 14.Burials and burial grounds; cremations, cremation grounds; and\n electric crematoriums.\n 15. Cattle pounds; prevention of cruelty to animals.\n 16.Vital statistics including registration of births and deaths.\n 17.Public amenities including street lighting, parking lots, bus stops\n and public conveniences.\n 18.Regulation of slaughter houses and tanneries.]\n\n______________________________________________\n1. Twelfth Schedule added by the Constitution (Seventy-fourthAmendment) Act, 1992, s. 4\n (w.e.f. 1-6-1993).\n 350",
"footnote": "",
"is_definition": false,
"sort_order": 4510
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{
"number": "453",
"title": "APPENDIX I",
"chapter": null,
"content": "APPENDIXI\n THE CONSTITUTION ( ONE HUNDREDTH AMENDMENT)\n ACT, 2015\n [28th May, 2015.]\nAn Act further to amend the Constitution of India to give effect to the acquiring\n of territories by India and transfer of certain territories to Bangladesh in\n pursuance of the agreement and its protocol entered into between the\n Governments of India and Bangladesh.\n BE it enacted by Parliament in the Sixty-sixth Year of the Republic of\nIndia as follows:—\n 1.Short title.—This Act may be called the Constitution (One Hundredth\nAmendment) Act, 2015.\n 2. Definitions.—In this Act,—\n (a) “acquired territory” means so much of the territories comprised in\n the India-Bangladesh agreement and its protocol and referred to in the\n First Schedule as are demarcated for the purpose of being acquired by\n India from Bangladesh in pursuance of the agreement and its protocol\n referred to in clause ( c);\n (b) “appointed day” means such date as the Central Government\n may, bynotification in the Official Gazette, appoint as the date for\n acquisition of territories fromBangladesh and transfer of the territories to\n Bangladesh in pursuance of the India-Bangladesh agreement and its\n protocol, after causing the territories to be so acquiredand transferred as\n referred to in the First Schedule and Second Schedule and demarcatedfor the\n purpose;\n (c)“India-Bangladesh agreement” means the agreement between the\n Governmentof the Republic of India and the Government of the People’s\n Republic of Bangladeshconcerning the Demarcation of the Land\n Boundary between India and Bangladeshand Related Matters dated the\n 16th day of May, 1974, Exchange of Letters dated the26th day of\n December, 1974, the 30th day of December, 1974, the 7th day of October,\n 1982, the 26th day of March, 1992 and protocol to the said agreement dated\n the 6th dayof September, 2011, entered into between the Governments of\n India and Bangladesh,the relevant extracts of which are set out in the\n Third Schedule;\n______________________________________________\n 31st day of July, 2015, vide notification No. S.O. 2094(E), dated 31 stJuly, 2015.\n\n 351\n352 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n (d)“transferred territory”, means so much of the territories\n comprised in theIndia-Bangladesh agreement and its protocol and\n referred to in the Second Schedule as are demarcated for the purpose of\n being transferred by India to Bangladesh inpursuance of the agreements\n and its protocol referred to in clause ( c).\nappointed day, in the First Schedule to the Constitution,—3. Amendment of First Schedule to Constitution.—As from the\n\n (a) in the paragraph relating to the territories of the State of\n Assam, the words, brackets and figures “and the territories referred to in\n Part I of the Second Schedule to the Constitution (One Hundredth\n Amendment) Act, 2015, notwithstanding anything contained in clause\n (a) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far\n as it relates to the territories referred to in Part I of the Second Schedule\n to the Constitution (One Hundredth Amendment) Act, 2015”, shall be\n added at the end;\n (b) in the paragraph relating to the territories of the State of West\n Bengal, the words, brackets and figures “and also the territories referred to\n in Part III of the First Schedule but excluding the territories referred to in\n Part III of the Second Schedule to the Constitution (One Hundredth\n Amendment) Act, 2015, notwithstanding anything contained in clause ( c)\n of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it\n relates to the territories referred to in Part III of the First Schedule and the\n territories referred to in Part III of the Second Schedule to the\n Constitution (One Hundredth Amendment) Act, 2015”, shall be added at\n the end;\n (c) in the paragraph relating to the territories of the State of\n Meghalaya, the words, brackets and figures “and the territories referred to in\n Part I of the First Schedule but excluding the territories referred to in Part\n II of the Second Schedule to the Constitution (One Hundredth\n Amendment) Act, 2015”, shall be added at the end;\n (d) in the paragraph relating to the territories of the State of Tripura,\n the words, brackets and figures “and the territories referred to in Part II of the\n First Schedule to the Constitution (One Hundredth Amendment) Act,\n 2015, notwithstanding anything contained in clause ( d) of section 3 of the\n Constitution (Ninth Amendment) Act, 1960, so far as it relates to the\n territories referred to in Part II of the First Schedule to the Constitution\n (One Hundredth Amendment) Act, 2015”, shall be added at the end.\n353 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n THE FIRST SCHEDULE\n [See sections 2 (a), 2(b) and 3]\n PA R T I\n The acquired territory in relation to Article 2 of the agreement dated the\n16th day of May, 1974 and Article 3 (I) (b) (ii) (iii) (iv) (v) of the protocol dated the\n6th day of September, 2011.\n PA RT I I\n The acquired territory in relation to Article 2 of the agreement dated the\n16th day of May, 1974 and Article 3 (I) (c) (i) of the protocol dated the 6th day of\nSeptember, 2011.\n PART III\n The acquired territory in relation to Articles 1(12) and 2 of the agreement\ndated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (iii) (iv) (v) (vi) of the\nprotocol dated the 6th day of September, 2011.\n\n THE SECOND SCHEDULE\n [See sections 2 (b), 2(d) and 3]\n PA R T I\n The transferred territory in relation to Article 2 of the agreement dated 16th\nday of May, 1974 and Article 3 (I) (d) (i) (ii) of the protocol dated 6th day of\nSeptember, 2011.\n PA RTI I\n The transferred territory in relation to Article 2 of the agreement dated the\n16th day of May, 1974 and Article 3 (I) (b) (i) of the protocol dated 6th day of\nSeptember, 2011.\n PART III\n The transferred territory in relation to Articles 1(12) and 2 of the\nagreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (i) (ii) (vi)\nof the protocol dated the 6th day of September, 2011.\n\n354 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n THE THIRD SCHEDULE\n [See section 2( c)]\nI. EXTRACTS FROM THE AGREEMENT BETWEEN GOVERNMENT OF\nTHE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE'S\nREPUBLICOFBANGLADESH CONCERNING THE DEMARCATION OF\nTHE LAND BOUNDARYBETWEEN INDIA AND BANGLADESH AND\nRELATED MATTERS DATEDTHE 16TH DAY OF MAY, 1974\nArticle 1 (12): ENCLAVES\n The Indian enclaves in Bangladesh and the Bangladesh enclaves in India\nshould be exchanged expeditiously, excepting the enclaves mentioned in paragraph\n14 without claim to compensation for the additional area going to Bangladesh.\nArticle 2:\n The Governments of India and Bangladesh agree that territories in adverse\npossession in areas already demarcated in respect of which boundary strip maps\nare already prepared, shall be exchanged within six months of the signing of the\nboundary strip maps by the plenipotentiaries. They may sign the relevant maps\nas early as possible as and in any case not later than the 31st December, 1974.\nEarly measures may be taken to print maps in respect of other areas where\ndemarcation has already taken place. These should be printed by the 31st May,\n1975 and signed by the plenipotentiaries thereafter in order that the exchange of\nadversely held possessions in these areas may take place by the 31st December,\n1975. In sectors still to be demarcated, transfer of territorial jurisdiction may\ntake place within six months of the signature by plenipotentiaries on the\nconcerned boundary strip maps.\nII.EXTRACTS FROM THE PROTOCOL TO THE AGREEMENT\nBETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND\nTHE GOVERNMENT OF THEPEOPLE'S REPUBLIC OF BANGLADESH\nCONCERNING THE DEMARCATION OFTHE LAND BOUNDARY\nBETWEEN INDIA AND BANGLADESH AND RELATEDMATTERS,\nDATED THE 6TH DAY OF SEPTEMBER, 2011\nArticle 2:\n (II) Article 1 Clause 12 of the 1974 Agreement shall be implemented as\nfollows:—\n355 THE CONSTITUTION OF INDIA\n (Appendix I)\n\nEnclaves\n 111 Indian Enclaves in Bangladesh and 51 Bangladesh Enclaves in India\nas per the jointly verified cadastral enclave maps and signed at the level of\nDGLR&S, Bangladesh and DLR&S, West Bengal (India) in April, 1997, shall be\nexchanged without claim to compensation for the additional areas going to\nBangladesh.\nArticle 3:\n (I) Article 2 of the 1974 Agreement shall be implemented as follows:—\n The Government of India and the Government of Bangladesh agree\n that the boundary shall be drawn as a fixed boundary for territories held in\n Adverse Possession as determined through joint survey and fully depicted\n in the respective adversely possessed land area Index Map (APL map)\n finalised by the Land Records and Survey Departments of both the\n countries between December, 2010 and August, 2011, which are fully\n described in clause (a) to (d) below.\n The relevant strip maps shall be printed and signed by the\n Plenipotentiaries and transfer of territorial jurisdiction shall be completed\n simultaneously with the exchange of enclaves. The demarcation of the\n boundary, as depicted in the above-mentioned Index Maps, shall be as\n under:—\n (a) West Bengal Sector\n (i) Bousmari –Madhugari (Kushtia-Nadia) area\n The boundary shall be drawn from the existing\n Boundary Pillar Nos. 154/5-S to 157/1-S to follow the\n centre of old course of river Mathabanga, as depicted\n in consolidation map of 1962, as surveyed jointly and\n agreed in June, 2011.\n (ii) Andharkota (Kushtia-Nadia) area\n The boundary shall be drawn from existing\n Boundary Pillar No. 152/5-S to Boundary Pillar No.\n 153/1-S to follow the edge of existing River\n Mathabanga as jointly surveyed and agreed in June,\n 2011.\n356 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n\n\n\n (iii) Pakuria (Kushtia-Nadia) area\n The boundary shall be drawn from existing\n Boundary Pillar No. 151/1-S to Boundary Pillar No.\n 152/2-S to follow the edge of River Mathabanga as\n jointly surveyed and agreed in June, 2011.\n (iv) Char Mahishkundi (Kushtia-Nadia) area\n The boundary shall be drawn from existing\n Boundary Pillar No. 153/1-S to Boundary Pillar No.\n 153/9-S to follow the edge of River Mathabanga as\n jointly surveyed and agreed in June, 2011.\n (v) Haripal/Khutadah/Battoli/Sapameri/LNpur (Patari)\n (Naogaon-Malda) area\n The boundary shall be drawn as line joining\n from existing Boundary Pillar No. 242/S/13, to\n Boundary Pillar No. 243/7-S/5 and as jointly\n surveyed and agreed in June, 2011.\n (vi) Berubari (Panchagarh-Jalpaiguri area)\n The boundary in the area Berubari\n (Panchagarh-Jalpaiguri) adversely held by\n Bangladesh, and Berubari and Singhapara-Khudipara\n (Panchagarh-Jalpaiguri), adversely held by India shall\n be drawn as jointly demarcated during 1996-1998.\n (b) Meghalaya Sector\n (i) Lobachera-Nuncherra\n No. 1315/4-S to Boundary Pillar No. 1315/15-S in The boundary from existing Boundary Pillar\n\n Lailong -Balichera, Boundary Pillar No. 1316/1-S to\n Boundary Pillar No. 1316/11-S in Lailong-Noonchera,\n Boundary Pillar No. 1317 to Boundary Pillar No.\n 1317/13-S in Lailong-Lahiling and Boundary Pillar\n No. 1318/1-S to Boundary Pillar No. 1318/2-S in\n Lailong-Lobhachera shall be drawn to follow the edge\n of tea gardens as jointly surveyed and agreed in\n December, 2010.\n357 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n (ii) Pyrdiwah/ Padua Area\n\n The boundary shall be drawn from existing\n Boundary Pillar No. 1270/1-S as per jointly surveyed\n and mutually agreed line till Boundary Pillar No.\n 1271/1-T. The Parties agree that the Indian Nationals\n from Pyrdiwah village shall be allowed to draw water\n from Piyang River near point No. 6 of the agreed\n Map.\n\n (iii) Lyngkhat Area\n\n (aa) Lyngkhat-I/Kulumcherraand Lyngkhat-\n II/ Kulumcherra\n\n The boundary shall be drawn from\n existing Boundary Pillar No. 1264/4-S to\n Boundary Pillar No. 1265 and BP No. 1265/6-S to\n 1265/9-S as per jointly surveyed and mutually\n agreed line.\n\n (ab) Lyngkhat-III/Sonarhat\n\n The boundary shall be drawn from\n existing Boundary Pillar No. 1266/13-S along\n the nallah southwards till it meets another\n nallah in the east-west direction, thereafter it\n shall run along the northern edge of the nallah in\n east till it meets the existing International\n Boundary north of Reference Pillar\n Nos.1267/4-R-B and 1267/3-R-I.\n\n (iv) Dawki/Tamabil area\n\n The boundary shall be drawn by a straight line\n joining existing Boundary Pillar Nos. 1275/1-S to\n Boundary Pillar Nos. 1275/7-S. The Parties agree to\n fencing on ‘zero line’ in this area.\n358 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n (v) Naljuri/Sreepur Area\n\n (aa) Naljuri I\n\n The boundary shall be a line from the\n existing Boundary Pillar No. 1277/2-S in\n southern direction up to three plots as\n depicted in the strip Map No. 166 till it meets\n the nallah flowing from Boundary Pillar No.\n 1277/5-T, thereafter it will run along the western\n edge of the nallah in the southern direction up\n to 2 plots on the Bangladesh side, thereafter it\n shall run eastwards till it meets a line drawn in\n southern direction from Boundary Pillar No.\n 1277/4-S.\n\n (ab) Naljuri III\n\n The boundary shall be drawn by a\n straight line from existing Boundary Pillar No.\n 1278/2-S to Boundary Pillar No. 1279/ 3-S.\n\n (vi) Muktapur/ Dibir Hawor Area\n\n The Parties agree that the Indian Nationals shall\n be allowed to visit Kali Mandir and shall also be\n allowed to draw water and exercise fishing rights in\n the water body in the Muktapur / Dibir Hawor area\n from the bank of Muktapur side.\n\n (c)Tripura Sector\n\n Chandannagar-Champarai Tea Garden area in\n Tripura/ Moulvi Bazar sector\n\n The boundary shall be drawn along Sonaraichhera\n river from existing Boundary Pillar No. 1904 to Boundary\n Pillar No. 1905 as surveyed jointly and agreed in July, 2011.\n359 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n\n (d)Assam Sector\n (i) Kalabari (Boroibari) area in Assam sector\n The boundary shall be drawn from existing\n Boundary Pillar No. 1066/24-T to Boundary Pillar\n No. 1067/16-T as surveyed jointly and agreed in\n August, 2011.\n (ii) Pallathal area in Assam sector\n The boundary shall be drawn from existing\n Boundary Pillar No. 1370/3-S to 1371/ 6-S to follow the\n outer edge of the tea garden and from Boundary Pillar\n No. 1372 to 1373/2-S along outer edge of the pan\n plantation.\nIII. LIST OF EXCHANGE OF ENCLAVES BETWEEN INDIA AND\nBANGLADESH IN PURSUANT TO ARTICLE 1 (12) OF THE AGREEMENT\nDATED 16TH MAY,1974 AND THE PROTOCOL TO THE AGREEMENT\nDATED 6TH SEPTEMBER, 2011\n A. EXCHANGEABLE INDIAN ENCLAVES IN BANGLADESH WITH\n AREA\nSl. Name of Chhits Chhit No.Lying within Lying within Area\n No. Police station Police station in\n Bangladesh W. Bengal acres\n123456\n A. Enclaves with independent chhits\n1.Garati 75PochagarHaldibari58.23\n2.Garati 76PochagarHaldibari0.79\n3.Garati 77PochagarHaldibari18\n4. Garati 78 Pochagar Haldibari 958.66\n5. Garati 79 Pochagar Haldibari 1.74\n6. Garati 80 Pochagar Haldibari 73.75\n7. Bingimari Part-I 73 Pochagar Haldibari 6.07\n360 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n1 2 3 4 5 6\n8. Nazirganja 41 Boda Haldibari 58.32\n9. Nazirganja 42 Boda Haldibari 434.29\n10. Nazirganja 44 Boda Haldibari 53.47\n11. Nazirganja 45 Boda Haldibari 1.07\n12. Nazirganja 46 Boda Haldibari 17.95\n13. Nazirganja 47 Boda Haldibari 3.89\n14. Nazirganja 48 Boda Haldibari 73.27\n15. Nazirganja 49 Boda Haldibari 49.05\n16. Nazirganja 50 Boda Haldibari 5.05\n17. Nazirganja 51 Boda Haldibari 0.77\n18. Nazirganja 52 Boda Haldibari 1.04\n19. Nazirganja 53 Boda Haldibari 1.02\n20. Nazirganja 54 Boda Haldibari 3.87\n21. Nazirganja 55 Boda Haldibari 12.18\n22. Nazirganja 56 Boda Haldibari 54.04\n23. Nazirganja 57 Boda Haldibari 8.27\n24. Nazirganja 58 Boda Haldibari 14.22\n25. Nazirganja 60 Boda Haldibari 0.52\n26. Putimari 59 Boda Haldibari 122.8\n27. Daikhata Chhat 38 Boda Haldibari 499.21\n28. Salbari 37 Boda Haldibari 1188.93\n29. Kajal Dighi 36 Boda Haldibari 771.44\n30. Nataktoka 32 Boda Haldibari 162.26\n31. Nataktoka 33 Boda Haldibari 0.26\n32. Beuladanga 35 Boda Haldibari 0.83\n Chhat\n33. Balapara 3 Debiganj Haldibari 1752.44\n Iagrabar\n34. Bara 30 Dimla Haldibari 7.71\n Khankikharija\n Citaldaha\n361 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n1 2 3 4 5 6\n35. Bara 29 Dimla Haldibari 36.83\n Khankikharija\n Citaldaha\n36. Barakhangir 28 Dimla Haldibari 30.53\n37. Nagarjikobari 31 Dimla Haldibari 33.41\n38. Kuchlibari 26 Patgram Mekliganj 5.78\n39. Kuchlibari 27 Patgram Mekliganj 2.04\n40. Bara Kuchlibari Fragment Patgram Mekliganj 4.35\n of J.L.107\n of P.S\n Mekliganj\n41. Jamaldaha- 6 Patgram Mekliganj 5.24\n Balapukhari\n42. Uponchowki 115/2 Patgram Mekliganj 0.32\n kuchlibari\n43. Uponchowki 7 Patgram Mekliganj 44.04\n kuchlibari\n44. Bhothnri 11 Patgram Mekliganj 36.83\n45. Balapukhari 5 Patgram Mekliganj 55.91\n46. Bara Khangir 4 Patgram Mekliganj 50.51\n47. Bara Khangir 9 Patgram Mekliganj 87.42\n48. Chhat Bogdokra 10 Patgram Mekliganj 41.7\n49. Ratanpur 11 Patgram Mekliganj 58.91\n50. Bogdokra 12 Patgram Mekliganj 25.49\n51. Fulker Dabri Fragment Patgram Mekliganj 0.88\n of J.L. 107\n of P.S\n Mekliganj\n362 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n1 2 34 5 6\n52. Kharkharia 15 Patgram Mekliganj 60.74\n53. Kharkharia 13 Patgram Mekliganj 51.62\n54. Lotamari 14 Patgram Mekliganj 110.92\n55. Bhotbari 16 Patgram Mekliganj 205.46\n56. Komat 16A Patgram Mekliganj 42.8\n Changrabandha\n57. Komat 17A Patgram Mekliganj 16.01\n Changrabandha\n58. Panisala 17 Patgram Mekliganj 137.66\n59. Dwarikamari 18 Patgram Mekliganj 36.5\n Khasbash\n60. Panisala 153/P Patgram Mekliganj 0.27\n61. Panisala 153/O Patgram Mekliganj 18.01\n62. Panisala 19 Patgram Mekliganj 64.63\n63. Panisala 21 Patgram Mekliganj 51.4\n64. Lotamari 20 Patgram Mekliganj 283.53\n65. Lotamari 22 Patgram Mekliganj 98.85\n66. Dwarikamari 23 Patgram Mekliganj 39.52\n67. Dwarikamari 25 Patgram Mekliganj 45.73\n68. Chhat Bhothat 24 Patgram Mekliganj 56.11\n69. Baakata 131 Patgram Hathabhanga 22.35\n70. Baakata 132 Patgram Hathabhanga 11.96\n71. Baakata 130 Patgram Hathibhanga 20.48\n72. Bhogramguri 133 Patgram Hathibhanga 1.44\n73. Chenakata 134 Patgram Mekliganj 7.81\n74. Banskata 119 Patgram Mathabanga 413.81\n75. Banskata 120 Patgram Mathabanga 30.75\n76. Banskata 121 Patgram Mathabanga 12.15\n77. Banskata 113 Patgram Mathabanga 57.86\n78. Banskata 112 Patgram Mathabanga 315.04\n79. Banskata 114 Patgram Mathabanga 0.77\n363 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n1 2 34 5 6\n80. Banskata 115 Patgram Mathabanga 29.2\n81. Banskata 122 Patgram Mathabanga 33.22\n82. Banskata 127 Patgram Mathabanga 12.72\n83. Banskata 128 Patgram Mathabanga 2.33\n84. Banskata 117 Patgram Mathabanga 2.55\n85. Banskata 118 Patgram Mathabanga 30.98\n86. Banskata 125 Patgram Mathabanga 0.64\n87. Banskata 126 Patgram Mathabanga 1.39\n88. Banskata 129 Patgram Mathabanga 1.37\n89. Banskata 116 Patgram Mathabanga 16.96\n90. Banskata 123 Patgram Mathabanga 24.37\n91. Banskata 124 Patgram Mathabanga 0.28\n92. Gotamari Chhit 135 Hatibandha Sitalkuchi 126.59\n93. Gotamari Chhit 136 Hatibandha Sitalkuchi 20.02\n94. Banapachai 151 Lalmonirhat Dinhata 217.29\n95. Banapachai 152 Lalmonirhat Dinhata 81.71\n Bhitarkuthi\n96. Dasiar Chhara 150 Fulbari Dinhata 1643.44\n97. Dakurhat- 156 Kurigram Dinhata 14.27\n Dakinirkuthi\n98. Kalamati 141 Bhurungamari Dinhata 21.21\n99. Bhahobganj 153 Bhurungamari Dinhata 31.58\n100. Baotikursa 142 Bhurungamari Dinhata 45.63\n101. Bara Coachulka 143 Bhurungamari Dinhata 39.99\n102. Gaochulka II 147 Bhurungamari Dinhata 0.9\n103. Gaochulka I 146 Bhurungamari Dinhata 8.92\n104. Dighaltari II 145 Bhurungamari Dinhata 8.81\n105. Dighaltari I 144 Bhurungamari Dinhata 12.31\n106. Chhoto 149 Bhurungamari Dinhata 17.85\n Garaljhora II\n364 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n1 2 34 5 6\n107. Chhoto 148 Bhurungamari Dinhata 35.74\n Garaljhora I\n108. 1 chhit without Patgram Mathabhanga 3.5\n name & JL No.\n at the southern\n and of JL No. 38\n & southern and\n of JL No. 39\n (locally known\n as Ashokabari *)\n\n\n Enclaves with Fragmented Chhits\n109. (i) Bewladanga 34 Haldibari Boda 862.46\n (ii) Bewladanga Fragment Haldibari Debiganj\n110. (i) Kotbhajni 2 Haldibari Debiganj 2012.27\n (ii) Kotbhajni Fragment Haldibari Debiganj\n (iii) Kotbhajni Fragment Haldibari Debiganj\n (iv) Kotbhajni Fragment Haldibari Debiganj\n111. (i) Dahala Khagrabri Haldibari Debiganj 2650.35\n (ii) Dahala Fragment Haldibari Debiganj\n (iii) Dahala Fragment Haldibari Debiganj\n (iv) Dahala Fragment Haldibari Debiganj\n\n______________________________________________\n Corrected vide 150th (54th) India-Bangladesh Boundary Conference held at Kolkata\n from29th September to 2nd October, 2002.\n* Corrected vide 152nd (56th) India-Bangladesh Boundary Conference held at\n Kochbihar,India from 18th—20th September, 2003.\n365 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n1 2 34 5 6\n (v) Dahala Fragment Haldibari Debiganj\n (vi) Dahala Fragment Haldibari Debiganj\n 17160.63\n The above given details of enclaves have been jointly compared and\nreconciled with records held by India and Bangladesh during the Indo-\nBangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as\nduring joint field inspection at Jalpaiguri (West Bengal) Panchagarh (Bangladesh)\nsector during 21—24 November, 1996.\n Note: Name of enclave in Sl. No. 108 above has been identified as\nAshokabari by joint ground verification during field season 1996-97.\n\n\nBrig. J.R. Peter Md. Shafi Uddin\nDirector Land Records & Survey Director-General, Land Records\n(Ex-Officio) West Bengal, India & and Surveys, Bangladesh.\nDirector, Eastern Circle Survey of\nIndia, Calcutta.\n B. EXCHANGEABLE BANGLADESH ENCLAVES IN INDIA WITH AREA\nSl. Name of Chhits Lying within Lying within J.L. Area\nNo. Police station Police station No. in\n W. Bengal Bangladesh acres\n1 2 3 4 5 6\n A. Enclaves with independent chhits\n1. Chhit Kuchlibari Mekliganj Patgram 22 370.64\n2. Chhit Land of Mekliganj Patgram 24 1.83\n Kuchlibari\n3. Balapukhari Mekliganj Patgram 21 331.64\n4. Chhit Land of Panbari Mekliganj Patgram 20 1.13\n No.2\n366 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n1 2 34 5 6\n5. Chhit Panbari Mekliganj Patgram 18 108.59\n6. Dhabalsati Mirgipur Mekliganj Patgram 15 173.88\n7. Bamandal Mekliganj Patgram 11 2.24\n8. Chhit Dhabalsati Mekliganj Patgram 14 66.58\n9. Dhabalsati Mekliganj Patgram 13 60.45\n10. Srirampur Mekliganj Patgram 8 1.05\n11. Jote Nijjama Mekliganj Patgram 3 87.54\n12. Chhit Land of Mathabhanga Patgram 37 69.84\n Jagatber No.3\n13. Chhit Land of Mathabhanga Patgram 35 30.66\n Jagatber No.1\n14. Chhit Land of Mathabhanga Patgram 36 27.09\n Jagatber No.2\n15. Chhit Kokoabari Mathabhanga Patgram 47 29.49\n16. Chhit Bhandardaha Mathabhanga Patgram 67 39.96\n17. Dhabalguri Mathabhanga Patgram 52 12.5\n18. Chhit Dhabalguri Mathabhanga Patgram 53 22.31\n19. Chhit Land of Mathabhanga Patgram 70 1.33\n Dhabalguri No.3\n20. Chhit Land of Mathabhanga Patgram 71 4.55\n Dhabalguri No.4\n21. Chhit Land of Mathabhanga Patgram 72 4.12\n Dhabalguri No.5\n22. Chhit Land of Mathabhanga Patgram 68 26.83\n Dhabalguri No.1\n23. Chhit Land of Mathabhanga Patgram 69 13.95\n Dhabalguri No.2\n24. Mahishmari Sitalkuchi Patgram 54 122.77\n25. Bura Saradubi Sitalkuchi Hatibandha 13 34.96\n367 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n1 2 34 5 6\n26. Falnapur Sitalkuchi Patgram 64 505.56\n27. Amjhol Sitalkuchi Hatibandha 57 1.25\n28. Kismat Batrigachh Dinhata Kaliganj 82 209.95\n29. Durgapur Dinhata Kaliganj 83 20.96\n30. Bansua Khamar Dinhata Lalmonirhat 1 24.54\n Gitaldaha\n31. Poaturkuthi Dinhata Lalmonirhat 37 589.94\n32. Paschim Bakalir Dinhata Bhurungamari 38 151.98\n Chhara\n33. Madhya Bakalir Dinhata Bhurungamari 39 32.72\n Chhara\n34. Purba Bakalir Dinhata Bhurungamari 40 12.23\n Chhara\n35. Madhya Masaldanga Dinhata Bhurungamari 3 136.66\n36. Madhya Chhit Dinhata Bhurungamari 8 11.87\n Masaldanga\n37. Paschim Chhit Dinhata Bhurungamari 7 7.6\n Masaldanga\n38. Uttar Masaldanga Dinhata Bhurungamari 2 27.29\n39. Kachua Dinhata Bhurungamari 5 119.74\n40. Uttar Bansjani Tufanganj Bhurungamari 1 47.17\n41. Chhat Tilai Tufanganj Bhurungamari 17 81.56\n\n B. Enclaves with Fragmented Chhits\n42. (i) Nalgram Sitalkuchi Patgarm 65 1397.34\n (ii) Nalgram Sitalkuchi Patgarm 65\n (Fragment)\n (iii) Nalgram Sitalkuchi Patgarm 65\n (Fragment)\n368 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n1 2 34 5 6\n43. (i) Chhit Nalgram Sitalkuchi Patgarm 66 49.5\n (ii) Chhit Nalgram Sitalkuchi Patgarm 66\n (Fragment)\n44. (i) Batrigachh Dinhata Kaliganj 81 577.37\n (ii) Batrigachh Dinhata Kaliganj 81\n (Fragment)\n (iii) Batrigachh Dinhata Phulbari 9\n (Fragment)\n45. (i) Karala Dinhata Phulbari 9 269.91\n (ii) Karala (fragment) Dinhata Phulbari 9\n (iii) Karala (fragment) Dinhata Phulbari 8\n46. (i) Sipprasad Mustati Dinhata Phulbari 8 373.2\n (ii) Sipprasad Mustati Dinhata Phulbari 6\n (Fragment)\n47. (i) Dakshin Dinhata Bhurungamari 6 571.38\n Masaldanga\n (ii) Dakshin Dinhata Bhurungamari 6\n Masaldanga\n (Fragment)\n (iii) Dakshin Dinhata Bhurungamari 6\n Masaldanga\n (Fragment)\n (iv) Dakshin Dinhata Bhurungamari 6\n Masaldanga\n (Fragment)\n (v) Dakshin Dinhata Bhurungamari 6\n Masaldanga\n (Fragment)\n (vi) Dakshin Dinhata Bhurungamari 6\n Masaldanga\n (Fragment)\n369 THE CONSTITUTION OF INDIA\n (Appendix I)\n\n1 2 3456\n48. (i) Paschim Dinhata Bhurungamari 4 29.49\n Masaldanga\n (ii) Paschim Dinhata Bhurungamari 4\n Masaldanga (Fragment)\n49. (i) Purba Chhit Dinhata Bhurungamari 10 35.01\n Masaldanga\n (ii) Purba Chhit Dinhata Bhurungamari 10\n Masaldanga (Fragment)\n50. (i) Purba Masaldanga Dinhata Bhurungamari 11 153.89\n (ii) Purba Masaldanga Dinhata Bhurungamari 11\n (Fragment)\n51. (i) Uttar Dhaldanga Tufanganj Bhurungamari 14 24.98\n (ii) Uttar Dhaldanga Tufanganj Bhurungamari 14\n (Fragment)\n (iii) Uttar Dhaldanga Tufanganj Bhurungamari 14\n (Fragment)\n Total Area 7,110.02\n\n\n The above given details of enclaves have been jointly compared and\nreconciled with records held by India and Bangladesh during the Indo-\nBangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as\nduring joint field inspection at Jalpaiguri (West Bengal) –Panchagarh (Bangladesh)\nsector during 21—24 November, 1996.\n\n\nBrig. J.R. Peter Md. Shafi Uddin\nDirector Land Records & Survey Director General, Land Records\n(Ex officio) West Bengal, India & and Surveys, Bangladesh.\nDirector, Eastern Circle Survey of\nIndia, Calcutta.",
"footnote": "",
"is_definition": false,
"sort_order": 4520
},
{
"number": "454",
"title": "APPENDIX II",
"chapter": null,
"content": "APPENDIX II\n 1THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR)\n ORDER, 2019\n C.O. 272\nConstitution, the President, with the concurrence of the Government of State of In exercise of the powers conferred by clause (1) of article 370 of the\nJammu and Kashmir, is pleased to make the following Order:—\nand Kashmir) Order, 2019. 1. (1) This Order may be called the Constitution (Application to Jammu\n\nConstitution (Application to Jammu and Kashmir) Order, 1954 as amended (2) It shall come into force at once, and shall thereupon supersede the\nfrom time to time.\nshall apply in relation to the State of Jammu and Kashmir and the exceptions 2. All the provisions of the Constitution, as amended from time to time,\nand modifications subject to which they shall so apply shall be as follows:–\n To article 367, there shall be added the following clause, namely:\n to the State of Jammu and Kashmir–“(4) For the purposes of this Constitution as it applies in relation\n\n provisions thereof shall be construed as references to the (a) references to this Constitution or to the\n Constitution or the provisions thereof as applied in relation\n tothe said State;\n recognized by the President on the recommendation of the (b) references to the person for the time being\n Legislative Assembly of the State as the Sadar-i-Riyasat of\n Jammu and Kashmir, acting on the advice of the Council of\n Ministers of the State for the time being in office, shall be\n construed as references to the Governor of Jammu and\n Kashmir;\n shall be construed as including references to the Governor (c) references to the Government of the said State\n of Jammu and Kashmir acting on the advice of his Council\n of Ministers; and\n Constitution, the expression “Constituent Assembly of the (d) in proviso to clause (3)of article 370 of this\n State referred to in clause (2)” shall read “Legislative\n Assembly of the State”.”\n______________________________________________\n1.Published with the Ministry of Law and Justice, (Legislative Department) notification\n No. G.S.R. 551 (E),dated the 5th August, 2019, Gazette of India, Extraordinary,\n Part II, Section 3, Sub-section (i).\n 370",
"footnote": "",
"is_definition": false,
"sort_order": 4530
},
{
"number": "455",
"title": "APPENDIX III",
"chapter": null,
"content": "APPENDIX III\r\n\r\n 1DECLRATION UNDER ARTICLE 370(3) OF THE CONSTITUTION\r\n\r\n C.O. 273\r\n\r\n In exercise of the powers conferred by clause (3) of article 370 read\r\nwith clause (1)of article 370of the Constitution of India, the President,on the\r\nrecommendation of Parliament,is pleased to declare that, as from the 6 th\r\nAugust, 2019, all clauses of the said article 370 shall cease to be operative\r\nexcept the following which shall read as under, namely:—\r\n\r\n “370. All provisions of thisConstitution, as amended from time to\r\n time, without any modifications or exceptions,shall apply to the State of\r\n Jammu and Kashmir notwithstanding anything contrary contained in\r\n article 152 or article 308 or any other article of thisConstitution or any\r\n other provision of the Constitution of Jammu and Kashmir or any law,\r\n document, judgement, ordinance, order, by-law, rule, regulation,\r\n notification, custom or usage having the force of law in the territory of\r\n India, or any otherinstrument, treaty or agreement as envisaged under\r\n article 363 or otherwise.”.\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n______________________________________________\r\n1.Published with the Ministry of Law and Justice, (Legislative Department) notification\r\n No. G.S.R. 562(E),dated the 6th August, 2019, Gazette of India, Extraordinary, Part II,\r\n Section 3, Sub-section (i).\r\n 371",
"footnote": "",
"is_definition": false,
"sort_order": 4540
}
],
"metadata": {
"Act ID": "195000",
"Act Number": "",
"Enactment Date": "1949-11-26",
"Act Year": "1950",
"Short Title": "THE CONSTITUTION OF INDIA",
"Department": "Ministry of Law and Justice, Legislative Department",
"Type": "CONSTITUTION",
"Location": "India"
},
"updated_at": "2026-09-29 21:51:48"
}