THE CONSTITUTION OF INDIA

PART I
THE UNION AND IT'S TERRITORY
1.Name and territory of the Union. -
(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territor of India shall co!prise-
1. The territories of the States" the Union territories specified in the First Schedule" and such
other territories as !a be ac#uired.
. Admi!!ion or e!ta"#i!hment of ne$ State!$ - %arlia!ent !a b la& ad!it into the Union, or
establish, ne& States on such ter!s and conditions, as it thin's fit.
A. Si%%im to "e a!!o&iated $ith the Union ( )ep. b the *onstitution Thirt-si+ ,!end!ent
,ct, 1-./, Section / (&.e.f. 20.12.1-./).
'. Formation of ne$ State! and a#teration of area!( "o)ndarie! or name! of e*i!tin+ State!$
- %arlia!ent !a b la&.
(a.) for! a ne& State b separation of territor fro! an State or b unitin3 t&o or !ore States or
parts of States or b unitin3 an territor to a part of an State"
(b) increase the area of an State"
(c) di!inish the area of an State"
(d) alter the boundaries of an State"
(e) alter the na!e of an State"
%ro4ided that no Bill for the purpose shall be introduced in either 5ouse of %arlia!ent e+cept on
the reco!!endation of the %resident and unless, &here the proposal contained in the Bill affects
the area, boundaries or na!e of an of the States, the Bill has been referred b the %resident to
the 6e3islature of that State for e+pressin3 its 4ie&s thereon &ithin such period as !a be
specified in the reference or &ithin such further period as the %resident !a allo& and the period
so specified or allo&ed has e+pired.
7+planation I - In this article, in clauses (a) to (e), 8State8 includes a Union territor, but in the
pro4iso, 8State8 does not include a Union territor.
7+planation II - The po&er conferred on %arlia!ent b clause (a) includes the po&er to for! a
ne& State or Union territor b unitin3 a part of an State or Union territor to an other State or
Union territor.
,. -a$! made )nder Arti&#e! and ' to .ro/ide for the amendment of the Fir!t and the
Fo)rth S&hed)#e! and !)..#ementa#( in&identa# and &on!e0)entia# matter!.-
(1) ,n la& referred to in ,rticle 2 or ,rticle 3 shall contain such pro4isions for the a!end!ent of
the First Schedule and the Fourth Schedule as !a be necessar to 3i4e effect to the pro4isions
of the la& and !a also contain such supple!ental, incidental and conse#uential pro4isions
(includin3 pro4isions as to representation in %arlia!ent and in the 6e3islature or 6e3islatures of
the State or States affected b such la&) as %arlia!ent !a dee! necessar.
(2) 9o such la& as aforesaid shall be dee!ed to be an a!end!ent of this *onstitution for the
purposes of ,rticle 30:.
PART II1CITI2ENSHIP
3.Citi4en!hi. at the &ommen&ement of the Con!tit)tion.- ,t the co!!ence!ent of this
*onstitution e4er person &ho has his do!icile in the territor of India and -
(a) &ho &as born in the territor of India" or
(b) either of &hose parents &as born in the territor of India" or
; &ho has been ordinaril resident in the territor of India for not less than fi4e ears precedin3
such co!!ence!ent, shall be a citi<en of India.
5. Ri+ht! of &iti4en!hi. of &ertain .er!on! $ho ha/e mi+rated to India from Pa%i!tan.-
9ot&ithstandin3 anthin3 in ,rticle /, a person &ho has !i3rated to the territor of India fro! the
territor no& included in %a'istan shall be dee!ed to be a citi<en of India at the co!!ence!ent
of this *onstitution if-
(a) he or either of his parents or an of his 3rand-parents &as born in India as defined in the
=o4ern!ent of India ,ct, 1-3/ (as ori3inall enacted)" and
(b) (i) in the case &here such person has so !i3rated before the nineteenth da of >ul, 1-2:, he
has been ordinaril resident in the territor of India since the date of his !i3ration, or
(ii) in the case &here such person has so !i3rated on or after the nineteenth da of >ul, 1-2:,
he has been re3istered as a citi<en of India b an officer appointed in that behalf b the
=o4ern!ent of the ?o!inion of India on an application !ade b hi! therefor to such officer
before the co!!ence!ent of this *onstitution in the for! and !anner prescribed b that
=o4ern!ent$
%ro4ided that no person shall be so re3istered unless he has been resident in the territor of India
or at least si+ !onths i!!ediatel precedin3 the date of his application.
6. Ri+ht! of &iti4en!hi. of &ertain mi+rant! to Pa%i!tan - 9ot&ithstandin3 anthin3 in ,rticles
/ and 0, a person &ho has after the first da of @arch, 1-2.,!i3rated fro! the territor of India to
the territor no& included in %a'istan shall not be dee!ed to be a citi<en of India$
%ro4ided that nothin3 in this article shall appl to a person &ho, after ha4in3 so !i3rated to the
territor no& included in %a'istan, has returned to the territor of India under a per!it for
resettle!ent or per!anent return issued b or under the authorit of an la& and e4er such
person shall for the purposes of clause (b) of ,rticle 0 be dee!ed to ha4e !i3rated to the territor
of India after the nineteenth da of >ul, 1-2:.
7. Ri+ht! of &iti4en!hi. of &ertain .er!on! of India ori+in re!idin+ o)t!ide India.-
9ot&ithstandin3 anthin3 in ,rticle /, an person &ho or either of &hose parents or an of &hose
3rand-parents &as born in India as defined in the =o4ern!ent of India ,ct, 1-3/ (as ori3inall
enacted), and &ho is ordinaril residin3 in an countr outside India as so defined shall be
dee!ed to be a citi<en of India if he has been re3istered as a citi<en of India b the diplo!atic or
consular representati4e of India in the countr &here he is for the ti!e bein3 residin3 on an
application !ade b hi! therefor to such diplo!atic or consular representati4e, &hether before or
after the co!!ence!ent of this *onstitution, in the for! and !anner prescribed b the
=o4ern!ent of the ?o!inion of India or the =o4ern!ent of India.
8. Per!on /o#)ntari#y a&0)irin+ &iti4en!hi. of a forei+n State not to "e &iti4en!.- 9o person
shall be a citi<en of India b 4irtue of ,rticle /, or be dee!ed to be a citi<en of India b 4irtue of
,rticle 0 or ,rticle :, if he has 4oluntaril ac#uired the citi<enship of an forei3n State.
19. Contin)an&e of the ri+ht! of &iti4en!hi..- 74er person &ho is or is dee!ed to be a citi<en
of India under an of the fore3oin3 pro4isions of this %art shall, subAect to the pro4isions of an
la& that !a be !ade b %arlia!ent, continue to be such citi<en.
11. Par#iament to re+)#ate the ri+ht of &iti4en!hi. "y #a$.- 9othin3 in the fore3oin3 pro4isions
of this %art shall dero3ate fro! the po&er of %arlia!ent to !a'e an pro4ision &ith respect to the
ac#uisition and ter!ination of citi<enship and all other !atters relatin3 to citi<enship.
PART III1FUNDA:ENTA- RI;HTS
;ENERA-
1. Definition.- In this part, unless the conte+t other&ise re#uires, 8the State8 includes the
=o4ern!ent and %arlia!ent of India and the =o4ern!ent and the 6e3islature of each of the
States and all local or other authorities &ithin the territor of India or under the control of the
=o4ern!ent of India.
1'. -a$! in&on!i!tent $ith or in dero+ation of the f)ndamenta# ri+ht!.-
(1) ,ll la&s in force in the territor of India i!!ediatel before the co!!ence!ent of this
*onstitution, in so far as the are inconsistent &ith the pro4isions of this %art, shall, to the e+tent
of such inconsistenc, be 4oid.
(2) The State shall not !a'e an la& &hich ta'es a&a or abrid3es the ri3hts conferred b this
%art and an la& !ade in contra4ention of this clause shall, to the e+tent of the contra4ention, be
4oid.
(3) In this article, unless the conte+t other&ise re#uires.-
8la&8 includes an Brdinance, order, be-la&, rule, re3ulation, notification, custo! or usa3es
ha4in3 in the territor of India the force of la&"
8la&s in force8 includes la&s passed or !ade b 6e3islature or other co!petent authorit in the
territor of India before the co!!ence!ent of this *onstitution and not pre4iousl repealed,
not&ithstandin3 that an such la& or an part thereof !a not be then in operation either at all or
in particular areas.
(2) 9othin3 in this article shall appl to an a!end!ent of this *onstitution !ade under ,rticle
30:.
RI;HT OF E<UA-ITY
1,. E0)a#ity "efore #a$.- The State shall not den to an person e#ualit before the la& or the
e#ual protection of the la&s &ithin the territor of India. %rohibition of discri!ination on 3rounds of
reli3ion, race, caste, se+ or place of birth.
13. Prohi"ition of di!&rimination on +ro)nd! of re#i+ion( ra&e( &a!te( !e* or .#a&e of "irth.-
(1) The State shall not discri!inate a3ainst an citi<en on 3rounds onl of reli3ion, race, caste,
se+, place of birth or an of the!.
(2) 9o citi<en shall, on 3rounds onl of reli3ion, race, caste, se+, place of birth or an of the!, be
subAect to an disabilit, liabilit, restriction or condition &ith re3ard to-
(a) access to shops, public restaurants, hotels and palaces of public entertain!ent" or
(b) the use of &ells, tan's, bathin3 3hats, roads and places of public resort !aintained &holl or
partl out of State funds or dedicated to the use of the 3eneral public.
(3) 9othin3 in this article shall pre4ent the State fro! !a'in3 an special pro4ision for &o!en
and children.
(2) 9othin3 in this article or in clause (2) of ,rticle 2- shall pre4ent the State fro! !a'in3 an
special pro4ision for the ad4ance!ent of an sociall and educationall bac'&ard classes of
citi<ens or for the Scheduled *astes and the Scheduled Tribes.
15. E0)a#ity of o..ort)nity in matter! of .)"#i& em.#oyment.-
(1) There shall be e#ualit of opportunit for all citi<ens in !atters relatin3 to e!plo!ent or
appoint!ent to an office under the State.
(2) 9o citi<en shall, on 3rounds onl of reli3ion, race, caste, se+, descent, place of birth,
residence or an of the!, be ineli3ible for, or discri!inated a3ainst in respect or, an e!plo!ent
or office under the State.
(3) 9othin3 in this article shall pre4ent %arlia!ent fro! !a'in3 an la& prescribin3, in re3ard to a
class or classes of e!plo!ent or appoint!ent to an office under the =o4ern!ent of, or an local
or other authorit &ithin, a State or Union territor, an re#uire!ent as to residence &ithin that
State or Union territorC prior to such e!plo!ent or appoint!ent.
(2) 9othin3 in this article shall pre4ent the State fro! !a'in3 an pro4ision for the reser4ation of
appoint!ents or posts in fa4or of an bac'&ard class of citi<ens &hich, in the opinion of the
State, is not ade#uatel represented in the ser4ices under the State.
(/) 9othin3 in this article shall affect the operation of an la& &hich pro4ides that the incu!bent
of an office in connection &ith the affairs of an reli3ious or deno!inational institution or an
!e!ber of the 3o4ernin3 bod thereof shall be a person professin3 a particular reli3ion or
belon3in3 to a particular deno!ination.
16. A"o#ition of Unto)&ha"i#ity.- 8Untouchabilit8 is abolished and its practice in an for! is
forbidden. The enforce!ent of an disabilit arisin3 out of 8Untouchabilit8 shall be an offence
punishable in accordance &ith la&.
17. A"o#ition of tit#e!.-
9o title, not bein3 a !ilitar or acade!ic distinction, shall be conferred b the State.
9o citi<en of India shall accept an title fro! an forei3n State.
9o person &ho is not a citi<en of India shall, &hile he holds an office of profit or trust under the
State, accept &ithout the consent of the %resident an title fro! an forei3n State.
9o person holdin3 an office of profit or trust under the State shall, &ithout the consent of the
%resident, accept an present, e!olu!ent, or office of an 'ind fro! or under an forei3n State
RI;HT TO FREEDO:
18. Prote&tion of &ertain ri+ht! re+ardin+ freedom of !.ee&h et&.- (1) ,ll citi<ens shall ha4e
the ri3ht-
(a) to freedo! of speech and e+pression"
(b) to asse!ble peaceabl and &ithout ar!s"
; to for! associations or unions"
(d) to !o4e freel throu3hout the territor of India"
(e) to reside and settle in an part of the territor of India" and
(f) o!itted
(3) to practise an profession, or to carr on an occupation, trade or business.
(2) 9othin3 in sub-clause (a) of clause (1) shall affect the operation of an e+istin3 la&, or pre4ent
the State fro! !a'in3 an la&, in so far as such la& i!poses reasonable restrictions on the
e+ercise of the ri3ht conferred b the said sub-clause in the interests of the so4erei3nt and
inte3rit of India, the securit of the State, friendl relations &ith forei3n States, public order,
decenc or !oralit or in relation to conte!pt of court, defa!ation or incite!ent to an offence.
(3) 9othin3 in sub-clause (b) of the said clause shall affect the operation of an e+istin3 la& in so
far as it i!poses, or pre4ent the State fro! !a'in3 an la& i!posin3, in the interests of the
so4erei3nt and inte3rit of India or public order, reasonable restrictions on the e+ercise of the
ri3ht conferred b the said sub-clause.
(2) 9othin3 in sub-clause ; of the said clause shall affect the operation of an e+istin3 la& in so
far as it i!poses, or pre4ent the State fro! !a'in3 an la& i!posin3, in the interests of the
so4erei3nt and inte3rit of India or public order or !oralit, reasonable restrictions on the
e+ercise of the ri3ht conferred b the said sub-clause.
(/) 9othin3 in sub-clauses (d) and (e) of the said clause shall affect the operation of an e+istin3
la& in so far as it i!poses, or pre4ent the State fro! !a'in3 an la& i!posin3, reasonable
restrictions on the e+ercise of an of the ri3hts conferred b the said sub-clauses either in the
interests of the 3eneral public or for the protection of the interests of an Scheduled Tribe.
(0) 9othin3 in sub-clause (3) of the said clause shall affect the operation of an e+istin3 la& in so
far as it i!poses, or pre4ent the State fro! !a'in3 an la& i!posin3, in the interests of the
3eneral public, reasonable restrictions on the e+ercise of the ri3ht conferred b the said sub-
clause, and, in particular, nothin3 in the said sub-clause shall affect the operation of an e+istin3
la& in so far as it relates to, or pre4ent the State fro! !a'in3 an la& relatin3 to,-
(i) the professional or technical #ualifications necessar for practisin3 an profession or carrin3
on an occupation, trade or business, or
(ii) the carrin3 on b the State, or b a corporation o&ned or controlled b the State, of an
trade, business, industr or ser4ice, &hether to the e+clusion, co!plete or partial, of citi<ens or
other&ise.
9. Prote&tion in re!.e&t of &on/i&tion for offen&e!.- (1) 9o person shall be con4icted of an
offence e+cept for 4iolation of the la& in force at the ti!e of the co!!ission of the act char3ed as
an offence, nor be subAected to a penalt 3reater than that &hich !i3ht ha4e been inflicted under
the la& in force at the ti!e of the co!!ission of the offence.
(2) 9o person shall be prosecuted and punished for the sa!e offence !ore than once.
(3) 9o person accused of an offence shall be co!pelled to be a &itness a3ainst hi!self.
1. Prote&tion of #ife and .er!ona# #i"erty.- 9o person shall be depri4ed of his life or personal
libert e+cept accordin3 to procedure established b la&.
. Prote&tion a+ain!t arre!t and detention in &ertain &a!e!.- (1) 9o person &ho is arrested
shall be detained in custod &ithout bein3 infor!ed, as soon as !a be, of the 3rounds for such
arrest nor shall he be denied the ri3ht to consult, and to be defended b, a le3al practitioner of his
choice.
(2) 74er person &ho is arrested and detained in custod shall be produced before the nearest
!a3istrate &ithin a period of t&ent-four hours of such arrest e+cludin3 the ti!e necessar for the
Aourne fro! the place of arrest to the court of the !a3istrate and no such person shall be
detained in custod beond the said period &ithout the authorit of a !a3istrate.
(3) 9othin3 in clauses (1) and (2) shall appl (a) to an person &ho for the ti!e bein3 is an
ene! alien" or (b) to an person &ho is arrested or detained under an la& pro4idin3 for
pre4enti4e detention.
(2) 9o la& pro4idin3 for pre4enti4e detention shall authorise the detention of a person for a lon3er
period than three !onths unless- (a) an ,d4isor Board consistin3 of persons &ho are, or ha4e
been, or are #ualified to be appointed as, >ud3es of a 5i3h *ourt has reported before the
e+piration of the said period of three !onths that there is in its opinion sufficient cause for such
detention$
(/) Dhen an person is detained in pursuance of an order !ade under an la& pro4idin3 for
pre4enti4e detention, the authorit !a'in3 the order shall, as soon as !a be, co!!unicate to
such person the 3rounds on &hich the order has been !ade and shall afford hi! the earliest
opportunit of !a'in3 a representation a3ainst the order.
(0) 9othin3 in clause (/) shall re#uire the authorit !a'in3 an such order as is referred to in that
clause to disclose facts &hich such authorit considers to be a3ainst the public interest to
disclose.
(.) %arlia!ent !a b la& prescribe-
(a) the circu!stances under &hich, and the class or classes of cases in &hich, a person !a be
detained for a period lon3er than three !onths under an la& pro4idin3 for pre4enti4e detention
&ithout obtainin3 the opinion of an ,d4isor Board in accordance &ith the pro4isions of sub-
clause (a) of clause (2)"
(b) the !a+i!u! period for &hich an person !a in an class or classes of cases be detained
under an la& pro4idin3 for pre4enti4e detention" and
; the procedure to be follo&ed b an ,d4isor Board in an in#uir under sub-clause (a) of clause
(2).
RI;HT A;AINST E=P-OITATION
'. Prohi"ition of traffi& in h)man "ein+! and for&ed #a"o)r.- (1) Traffic in hu!an bein3s and
be3ar and other si!ilar for!s of forced labour are prohibited and an contra4ention of this
pro4ision shall be an offence punishable in accordance &ith la&.
(2) 9othin3 in this article shall pre4ent the State fro! i!posin3 co!pulsor ser4ice for public
purpose, and in i!posin3 such ser4ice the State shall not !a'e an discri!ination on 3rounds
onl of reli3ion, race, caste or class or an of the!.
,. Prohi"ition of em.#oyment of &hi#dren in fa&torie!( et&.- 9o child belo& the a3e of
fourteen ears shall be e!ploed to &or' in an factor or !ine or en3a3ed in an other
ha<ardous e!plo!ent. %ro4ided that nothin3 in this sub-clause shall authorise the detention of
an person beond the !a+i!u! period prescribed b an la& !ade b %arlia!ent under sub-
clause (b) of clause (.)" or such person is detained in accordance &ith the pro4isions of an la&
!ade b %arlia!ent under sub-clauses (a) and (b) of clause (.)
RI;HT TO FREEDO: OF RE-I;ION
3. Freedom of &on!&ien&e and free .rofe!!ion( .ra&ti&e and .ro.a+ation of re#i+ion.-
(1) SubAect to public order, !oralit and health and to the other pro4isions of this %art, all persons
are e#uall entitled to freedo! of conscience and the ri3ht freel to profess, practise and
propa3ate reli3ion.
(2) 9othin3 in this article shall affect the operation of an e+istin3 la& or pre4ent the State fro!
!a'in3 an la& -
(a) re3ulatin3 or restrictin3 an econo!ic, financial, political or other secular acti4it &hich !a be
associated &ith reli3ious practice"
(b) pro4idin3 for social &elfare and refor! or the thro&in3 open of 5indu reli3ious institutions of a
public character to all classes and sections of 5indus.
7+planation I.- The &earin3 and carrin3 of 'irpans shall be dee!ed to be included in the
profession of the Si'h reli3ion.
7+planation II.- In sub-clause (b) of clause reference to 5indus shall be construed as includin3 a
reference to persons professin3 the Si'h, >aina or Buddhist reli3ion, and the reference to 5indu
reli3ious institutions shall be construed accordin3l.
5. Freedom to mana+e re#i+io)! affair!.- SubAect to public order, !oralit and health, e4er
reli3ious deno!ination or an section thereof shall ha4e the ri3ht-
(a) to establish and !aintain institutions for reli3ious and charitable purposes"
(b) to !ana3e its o&n affairs in !atters of reli3ion"
; to o&n and ac#uire !o4able and i!!o4able propert" and
(d) to ad!inister such propert in accordance &ith la&.
6. Freedom a! to .ayment of ta*e! for .romotion of any .arti&)#ar re#i+ion.- 9o person
shall be co!pelled to pa an ta+es, the proceeds of &hich are specificall appropriated in
pa!ent of e+penses for the pro!otion or !aintenance of an particular reli3ion or reli3ions
deno!ination.
7. Freedom a! to attendan&e at re#i+io)! in!tr)&tion or re#i+io)! $or!hi. in &ertain
ed)&ationa# in!tit)tion!.- (1)9o reli3ion instruction shall be pro4ided in an educational
institution &holl !aintained out of State funds.
(2) 9othin3 in clause (1) shall appl to an educational institution &hich is ad!inistered b the
State but has been established under an endo&!ent or trust &hich re#uires that reli3ious
instruction shall be i!parted in such institution.
(3) 9o person attendin3 an educational institution reco3nised b the State or recei4in3 aid out of
State funds shall be re#uired to ta'e part in an reli3ious instruction that !a be i!parted in such
institution or to attend an reli3ious &orship that !a be conducted in such institution or in an
pre!ises attached thereto unless such person or, if such person is a !inor, his 3uardian has
3i4en his consent thereto.
CU-TURA- AND EDUCATIONA- RI;HTS
8. Prote&tion of intere!t! of minoritie!.- (1) ,n section of the citi<ens residin3 in the territor
of India or an part thereof ha4in3 a distinct lan3ua3e, script or culture of its o&n shall ha4e the
ri3ht to conser4e the sa!e.
(2) 9o citi<en shall be denied ad!ission into an educational institution !aintained b the State
or recei4in3 aid out of State funds on 3rounds onl of reli3ion, race, caste, lan3ua3e or an of
the!.
'9. Ri+ht of minoritie! to e!ta"#i!h and admini!ter ed)&ationa# in!tit)tion!.- (1),ll
!inorities, &hether based on reli3ion or lan3ua3e, shall ha4e the ri3ht to establish and ad!inister
educational institutions of their choice.
(1,) In !a'in3 an la& pro4idin3 for the co!pulsor ac#uisition of an propert of an educational
institution established and ad!inistered b a !inorit, referred to in clause (1), the State shall
ensure that the a!ount fi+ed b or deter!ined under such la& for the ac#uisition of such propert
is such as &ould not restrict or abro3ate the ri3ht 3uaranteed under that clause.
(2) The state shall not, in 3rantin3 aid to educational institutions, discri!inate a3ainst an
educational institution on the 3round that it is under the !ana3e!ent of a !inorit, &hether based
on reli3ion or lan3ua3e.
'1 Re.ea#ed
SA>IN; OF CERTAIN -A?S
'1A. Sa/in+ of #a$! .ro/idin+ for a&0)i!ition of e!tate!( et&. (1) 9ot&ithstandin3 anthin3
contained in ,rticle 13, no la& pro4idin3 for
(a) the ac#uisition b the State of an estate or of an ri3hts therein or the e+tin3uish!ent or
!odification of an such ri3hts, or
(b) the ta'in3 o4er of the !ana3e!ent of an propert b the State for a li!ited period either in
the public interest or in order to secure the proper !ana3e!ent of the propert, or
; the a!al3a!ation of t&o or !ore corporations either in the public interest or in order to secure
the proper !ana3e!ent of an of the corporations, or
(d) the e+tin3uish!ent or !odification of an ri3hts of !ana3in3 a3ents, secretaries and
treasurers, !ana3in3 directors, directors or !ana3ers of corporations, or of an 4otin3 ri3hts of
shareholders thereof, or
(e) the e+tin3uish!ent or !odification of an ri3hts accruin3 b 4irtue of an a3ree!ent, lease or
licence for the purpose of searchin3 for, or &innin3, an !ineral or !ineral oil, or the pre!ature
ter!ination or cancellation of an such a3ree!ent, lease or licence, shall be dee!ed to be 4oid
on the 3round that it is inconsistent &ith, or ta'es a&a or abrid3es an of the ri3hts conferred b
(,rticle 12 or ,rticle 1-C$
%ro4ided that &here such la& is a la& !ade b the 6e3islature of a State, the pro4isions of this
article shall not appl thereto unless such la&, ha4in3 been reser4ed for the consideration of the
%resident, has recei4ed his assent$
%ro4ided further that &here an la& !a'es an pro4ision for the ac#uisition b the State of an
estate and &here an land co!prised therein is held b a person under his personal culti4ation, it
shall not be la&ful for the State to ac#uire an portion of such land as is &ithin the ceilin3 li!it
applicable to hi! under an la& for the ti!e bein3 in force or an buildin3 or structure standin3
thereon or appurtenant thereto, unless the la& relatin3 to the ac#uisition of such land, buildin3 or
structure, pro4ides for pa!ent of co!pensation at a rate &hich shall not be less than the !ar'et
4alue thereof.
(2) In this article,-
(a) the e+pression 8estate8, shall, in relation to an local area, ha4e the sa!e !eanin3 as that
e+pression or its local e#ui4alent has in the e+istin3 la& relatin3 to land tenures in force in that
area and shall also include-
(i) an Aa3ir, ina! or !uafi or other si!ilar 3rant and in the States of Ta!il 9adu and Eerala, an
Aan!a! ri3ht"
(ii) an land held under rot&ar settle!ent"
(iii)an land held or let for purposes of a3riculture or for purposes ancillar thereto, includin3
&aste land, forest land, land for pasture or sites of buildin3s and other structures occupied b
culti4ators of land, a3ricultural labourers and 4illa3e artisans"
(b) the e+pression 8ri3hts8, in relation to an estate, shall include an ri3hts 4estin3 in a proprietor,
sub-proprietor, under-proprietor, tenure-holder, raiat, under- raiat or other inter!ediar and an
ri3hts or pri4ile3es in respect of land re4enue.
'1@. >a#idation of &ertain A&t! and Re+)#ation!.- Dithout preAudice to the 3eneralit of the
pro4isions contained in ,rticle 31,, none of the ,cts and )e3ulations specified in the 9inth
Schedule nor an of the pro4isions thereof shall be dee!ed to be 4oid, or e4er to ha4e beco!e
4oid, on the 3round that such ,ct, )e3ulation or pro4ision is inconsistent &ith, or ta'es a&a or
abrid3es an of the ri3hts conferred b, an pro4isions of this %art, and not&ithstandin3 an
Aud3!ent, decree or order of an court or tribunal to the contrar, each of the said ,cts and
)e3ulations shall, subAect to the po&er of an co!petent 6e3islature to repeal or a!end it,
continue in force.
'1C. Sa/in+ of #a$! +i/in+ effe&t to &ertain dire&ti/e .rin&i.#e!.- 9ot&ithstandin3 anthin3
contained in ,rticle 13, no la& 3i4in3 effect to the polic of the State to&ards securin3 all or an of
the principles laid do&n in %art IF shall be dee!ed to be 4oid on the 3round that it is inconsistent
&ith, or ta'es a&a or abrid3es an of the ri3hts conferred b ,rticle 12 or ,rticle 1- and no la&
containin3 a declaration that it is for 3i4in3 effect to such polic shall be called in #uestion in an
court on the 3round that it does not 3i4e effect to such polic$
%ro4ided that &here such la& is !ade b the 6e3islature of a State, the pro4isions of this ,rticle
shall not appl thereto unless such la&, ha4in3 been reser4ed for the consideration of the
%resident, has recei4ed his assent.
'1D Re.ea#ed
RI;HT TO CONSTITUTIONA- RE:EDIES
'. Remedie! for enfor&ement of ri+ht! &onferred "y thi! Part.- (1) The ri3ht to !o4e the
Supre!e *ourt b appropriate proceedin3s for the enforce!ent of the ri3hts conferred b this
%art is 3uaranteed.
(2) The Supre!e *ourt shall ha4e po&er to issue directions or orders or &rits, includin3 &rits in
the nature of habeas corpus, !anda!us, prohibition, #uo &arranto and certiorari, &hiche4er !a
be appropriate, for the enforce!ent of an of the ri3hts conferred b this %art.
(3) Dithout preAudice to the po&ers conferred on the Supre!e *ourt b clause (1) and (2),
%arlia!ent !a b la& e!po&er an other court to e+ercise &ithin the local li!its of its
Aurisdiction all or an of the po&ers e+ercisable b the Supre!e *ourt under clause (2).
(2) The ri3ht 3uaranteed b this article shall not be suspended e+cept as other&ise pro4ided for
b this *onstitution.
'A Re.ea#ed
''. Po$er of Par#iament to modify the ri+ht! &onferred "y thi! Part in their a..#i&ation et&.-
%arlia!ent !a, b la&, deter!ine to &hat e+tent an of the ri3hts conferred b this %art shall, in
their application to,-
(a) the !e!bers of the ,r!ed Forces" or
(b) the !e!bers of the Forces char3ed &ith the !aintenance of public order" or
; persons e!ploed in an bureau or other or3anisation established b the State for purposes of
intelli3ence or counter intelli3ence" or
(d) persons e!ploed in, or in connection &ith, the teleco!!unication sste!s set up for the
purposes of an Force, bureau or or3anisation referred to in clauses (a) to (c), be restricted or
abro3ated so as to ensure the proper dischar3e of their duties and the !aintenance of discipline
a!on3 the!.
',. Re!tri&tion on ri+ht! &onferred "y thi! Part $hi#e martia# #a$ i! in for&e in any area.-
9ot&ithstandin3 anthin3 in the fore3oin3 pro4isions of this %art, %arlia!ent !a b la&
inde!nif an person in the ser4ice of the Union or of a State or an other person in respect of
an act done b hi! in connection &ith the !aintenance or restoration of order in an area &ithin
the territor of India &here !artial la& &as in force or 4alidate an sentence passed, punish!ent
inflicted, forfeiture ordered or other act done under !artial la& in such area.
'3. -e+i!#ation to +i/e effe&t to the .ro/i!ion! of thi! Part.- 9ot&ithstandin3 anthin3 in this
*onstitution,-
(a) %arlia!ent shall ha4e, and the 6e3islature of a State shall not ha4e, po&er to !a'e la&s-
(i) &ith respect to an of the !atters &hich under clause (3) of ,rticle 10, clause (3) of ,rticle 32,
,rticle 33 and ,rticle 32 !a be pro4ided for b la& !ade b %arlia!ent" and
(ii) for prescribin3 punish!ent for those acts &hich are declared to be offences under this %art"
and %arlia!ent shall, as soon as !a be after the co!!ence!ent of this *onstitution, !a'e la&s
for prescribin3 punish!ent for the acts referred to in sub-clause (ii)"
(b) an la& in force i!!ediatel before the co!!ence!ent of this *onstitution in the territor of
India &ith respect to an of the !atters referred to in sub-clause (i) of clause (a) or pro4idin3 for
punish!ent for an act referred to in sub-clause (ii) of that clause shall, subAect to the ter!s there
of and to an adaptations and !odifications that !a be !ade therein under ,rticle 3.2, continue
in force until altered or repealed or a!ended b %arlia!ent.
7+planation.- In this article, the e+pression 8la& in force8 has the sa!e !eanin3 as in ,rticle 3.2.
PART I>1DIRECTI>E PRINCIP-ES OF STATE PO-ICY
'5. Definition.- In this %art, unless the conte+t other&ise re#uires, 8the State8 has the sa!e
!eanin3 as in %art III.
'6. A..#i&ation of the .rin&i.#e! &ontained in thi! Part.- The pro4isions contained in this %art
shall not be enforceable b an court, but the principles therein laid do&n are ne4ertheless
funda!ental in the 3o4ernance of the countr and it shall be the dut of the State to appl these
principles in !a'in3 la&s.
'7. State to !e&)re a !o&ia# order for the .romotion of $e#fare of the .eo.#e.- (1) The State
shall stri4e to pro!ote the &elfare of the people b securin3 and protectin3 as effecti4el as it
!a a social order in &hich Austice, social, econo!ic and political, shall infor! all the institutions
of the national life.
(2) The State shall, in particular, stri4e to !ini!i<e the ine#ualities in inco!e, and endea4or to
eli!inate ine#ualities in status, facilities and opportunities, not onl a!on3st indi4iduals but also
a!on3st 3roups of people residin3 in different areas or en3a3ed in different 4ocations.
'8. Certain .rin&i.#e! of .o#i&y to "e fo##o$ed "y the State$- The State shall, in particular,
direct its polic to&ards securin3-
(a) that the citi<ens, !en and &o!en e#uall, ha4e the ri3ht to an ade#uate !eans to li4elihood"
(b) that the o&nership and control of the !aterial resources of the co!!unit are so distributed
as best to subser4e the co!!on 3ood"
; that the operation of the econo!ic sste! does not result in the concentration of &ealth and
!eans of production to the co!!on detri!ent"
(d) that there is e#ual pa for e#ual &or' for both !en and &o!en"
(e) that the health and stren3th of &or'ers, !en and &o!en, and the tender a3e of children are
not abused and that citi<ens are not forced b econo!ic necessit to enter a4ocations unsuited to
their a3e or stren3th"
(f) that children are 3i4en opportunities and facilities to de4elop in a health !anner and in
conditions of freedo! and di3nit and that childhood and outh are protected a3ainst e+ploitation
and a3ainst !oral and !aterial abandon!ent.
'8 A. E0)a# A)!ti&e and free #e+a# aid.- The State shall secure that the operation of the le3al
sste! pro!otes Austice, on a basis of e#ual opportunit, and shall, in particular, pro4ide free
le3al aid, b suitable le3islation or sche!es or in an other &a, to ensure that opportunities for
securin3 Austice are not denied to an citi<en b reason of econo!ic or other disabilities.
,9. Or+ani!ation of /i##a+e .an&hayat!.- The State shall ta'e steps to or3ani<e 4illa3e
panchaats and endo& the! &ith such po&ers and authorit as !a be necessar to enable
the! to function as units of self-3o4ern!ent.
,1. Ri+ht to $or%, to education and to public assistance in certain cases.- The State shall, &ithin
the li!its of its econo!ic capacit and de4elop!ent, !a'e effecti4e pro4ision for securin3 the
ri3ht to &or', to education and to public assistance in cases of une!plo!ent, old a3e, sic'ness
and disable!ent, and in other cases of undeser4ed &ant.
,. Pro/i!ion for A)!t and h)mane &ondition! of $or% and maternity re#ief.- The State shall
!a'e pro4ision for securin3 Aust and hu!ane conditions of &or' and for !aternit relief.
,'. -i/in+ $a+e( et&.( for $or%er!.- The State shall endea4our to secure, b suitable le3islation
or econo!ic or3anisation or in an other &a, to all &or'ers, a3ricultural, industrial or other&ise,
&or', a li4in3 &a3e, conditions of &or' ensurin3 a decent standard of life and full enAo!ent of
leisure and social and cultural opportunities and, in particular, the State shall endea4our to
pro!ote cotta3e industries on an indi4idual or co-operati4e basis in rural areas.
,'.A Parti&i.ation of $or%er! in mana+ement of ind)!trie!.- The State shall ta'e steps, b
suitable le3islation or in an other &a, to secure the participation of &or'ers in the !ana3e!ent
of underta'in3s, establish!ents or other or3anisations en3a3ed in an industr.
,,. Uniform &i/i# &ode for the &iti4en!.- The State shall endea4our to secure for the citi<ens a
unifor! ci4il code throu3hout the territor of India.
,3. Pro/i!ion for free and &om.)#!ory ed)&ation for &hi#dren.- The State shall endea4our to
pro4ide, &ithin a period of ten ears fro! the co!!ence!ent of this *onstitution, for free and
co!pulsor education for all children until the co!plete the a3e of fourteen ears.
,5. Promotion of ed)&ationa# and e&onomi& intere!t! of S&hed)#ed Ca!te!( S&hed)#ed
Tri"e! and other $ea%er !e&tion!.- The State shall pro!ote &ith special care the educational
and econo!ic interests of the &ea'er sections of the people, and, in particular, of the Scheduled
*astes and the Scheduled Tribes, and shall protect the! fro! social inAustice and all for!s of
e+ploitation.
,6. D)ty of the State to rai!e the #e/e# of n)trition and the !tandard of #i/in+ and to im.ro/e
.)"#i& hea#th.- The State shall re3ard the raisin3 of the le4el of nutrition and the standard of
li4in3 of its people and the i!pro4e!ent of public health as a!on3 its pri!ar duties and, in
particular, the State shall endea4our to brin3 about prohibition of the consu!ption e+cept for
!edicinal purposes of into+icatin3 drin's and of dru3s &hich are inAurious to health.
,7. Or+ani!ation of a+ri&)#t)re and anima# h)!"andry.- The State shall endea4our to or3anise
a3riculture and ani!al husbandr on !odern and scientific lines and shall, in particular, ta'e
steps for preser4in3 and i!pro4in3 the breeds, and prohibitin3 the slau3hter, of co&s and cal4es
and other !ilch and drau3ht cattle.
,7A Prote&tion and im.ro/ement of en/ironment and !afe+)ardin+ of fore!t! and $i#d #ife.-
The State shall endea4our to protect and i!pro4e the en4iron!ent and to safe3uard the forests
and &ild life of the countr.
,8. Prote&tion of mon)ment! and .#a&e! and o"Ae&t! of nationa# im.ortan&e.- It shall be the
obli3ation of the State to protect e4er !onu!ent or place or obAect of artistic or historic interests,
declared b or under la& !ade b %arlia!ent to be of national i!portance, fro! spoliation,
disfi3ure!ent, destruction, re!o4al, disposal or e+port, as the case !a be.
39. Se.aration of A)di&iary from e*e&)ti/e.- The State shall ta'e steps to separate the Audiciar
fro! the e+ecuti4e in the public ser4ices of the State.
31. Promotion of internationa# .ea&e and !e&)rity.- The State shall endea4our to -
(a) pro!ote international peace and securit"
(b) !aintain Aust and honourable relations bet&een nations"
; foster respect for international la& and treat obli3ations in the dealin3s of or3anised peoples
&ith one another" and encoura3e settle!ent of international disputes b arbitration.
PART I>A
FUNDA:ENTA- DUTIES
31A. F)ndamenta# d)tie!.- It shall be the dut of e4er citi<en of India- (a) to abide b the
*onstitution and respect its ideals and institutions, the national Fla3 and the 9ational ,nthe!"
(b) to cherish and follo& the noble ideals &hich inspired our national stru33le for freedo!"
; to uphold and protect the so4erei3nt, unit and inte3rit of India"
(d) to defend the countr and render national ser4ice &hen called upon to do so"
(e) to pro!ote har!on and the spirit of co!!on brotherhood a!on3st all the people of India
transcendin3 reli3ious, lin3uistic and re3ional or sectional di4ersities" to renounce practices
dero3ator to the di3nit of &o!en"
(f) to 4alue and preser4e the rich herita3e of our co!posite culture"
(3) to protect and i!pro4e the natural en4iron!ent includin3 forests, la'es, ri4ers and &ild life,
and to ha4e co!passion for li4in3 creatures"
(h) to de4elop the scientific te!per, hu!anis! and the spirit of in#uir and refor!"
(i) to safe3uard public propert and to abAure 4iolence"
(A) to stri4e to&ards e+cellence in all spheres of indi4idual and collecti4e acti4it so that the nation
constantl rises to hi3her le4els of endea4our and achie4e!ent.
PART >1THE UNION
CHAPTER I 1 THE E=ECUTI>E
The Pre!ident and >i&e1Pre!ident
3. The Pre!ident of India.- There shall be a %resident of India.
3'. E*e&)ti/e .o$er of the Union.-
(1) The e+ecuti4e po&er of the Union shall be 4ested in the %resident and shall be e+ercised b
hi! either directl or throu3h officers subordinate to hi! in accordance &ith this *onstitution.
(2) Dithout preAudice to the 3eneralit of the fore3oin3 pro4ision, the supre!e co!!and of the
?efence Forces of the Union shall be 4ested in the %resident and the e+ercise thereof shall be
re3ulated b la&.
(3) 9othin3 in this article shall-
(a) be dee!ed to transfer to the %resident an functions conferred b an e+istin3 la& on the
=o4ern!ent of an State or other authorit" or
(b) pre4ent %arlia!ent fro! conferrin3 b la& functions on authorities other than the %resident.
3,. E#e&tion of Pre!ident.- The %resident shall be elected b the !e!bers of an electoral
colle3e consistin3 of the elected !e!bers of both 5ouses of %arlia!ent" and the elected
!e!bers of the 6e3islati4e ,sse!blies of the States.
33. :anner of e#e&tion of Pre!ident.-
(1) ,s far as practicable, there shall be unifor!it in the scale of representation of the d different
States at the election of the %resident.
(2) For the purpose of securin3 such unifor!it a!on3 the States inter se as &ell as parit b
bet&een the States as a &hole and the Union, the nu!ber of 4otes &hich each elected !e!ber
of %arlia!ent and of the 6e3islati4e ,sse!bl of each State is entitled to cast at such election
shall be deter!ined in the follo&in3 !anner$-
(a) e4er elected !e!ber of the 6e3islati4e ,sse!bl of a State shall ha4e as !an 4otes as
there are !ultiples of one thousand in the #uotient obtained b di4idin3 the population of the
State b the total nu!ber of the elected !e!bers of the ,sse!bl"
(b) if, after ta'in3 the said !ultiples of one thousand, the re!ainder is not less than fi4e hundred,
then the 4ote of each !e!ber referred to in sub-clause (a) shall be further increased b one"
; each elected !e!ber of either 5ouse of %arlia!ent shall ha4e such nu!ber of 4otes as !a be
obtained b di4idin3 the total nu!ber of 4otes assi3ned to the !e!bers of the 6e3islati4e
,sse!blies of the States under sub-clause (a) and (b) b the total nu!ber of the elected
!e!bers of both 5ouses of %arlia!ent, fractions e+ceedin3 one-half bein3 counted as one and
other fractions bein3 disre3arded.
(3) The election of the %resident shall be held in accordance &ith the sste! of proportional
representation b !eans of the sin3le transferable 4ote and the 4otin3 at such election shall be
b secret ballot.
7+planation.- n this article, the e+pression 8population8 !eans the population ascertained at the
last precedin3 census of &hich the rele4ant fi3ures ha4e been published$ %ro4ided that the
reference in this 7+planation to the last precedin3 census of &hich the rele4ant fi3ures ha4e been
published shall, until the rele4ant fi3ures for the first census ta'en after the ear 2111 ha4e been
published, be construed as a reference to the 1-.1 census.
35. Term of offi&e of Pre!ident.- (1) The %resident shall hold office for a ter! of fi4e ears fro!
the date on &hich he enters upon his office$
%ro4ided that -
(a) the %resident !a, b &ritin3 under his hand addressed to the Fice-%resident, resi3n his
office"
(b) the %resident !a, for 4iolation of the constitution, be re!o4ed fro! office b i!peach!ent in
the !anner pro4ided in ,rticle 01$
; the %resident shall, not&ithstandin3 the e+piration of his ter!, continue to hold office until his
successor enters upon his office.
(2) ,n resi3nation addressed to the Fice-%resident under clause (a) of the pro4iso to clause (1)
shall forth&ith be co!!unicated b hi! to the Spea'er of the 5ouse of the %eople.
36. E#i+i"i#ity for re1e#e&tion.- , person &ho holds, or &ho has held, office as %resident shall,
subAect to the other pro4isions of this *onstitution, be eli3ible for re-election to that office.
37. <)a#ifi&ation! for e#e&tion a! Pre!ident.- (1) 9o person shall be eli3ible for election as
%resident unless he-
(a) is a citi<en of India,
(b) has co!pleted the a3e of thirt-fi4e ears, and
; is #ualified for election as a !e!ber of the 5ouse of the %eople.
(2) , person shall not be eli3ible for election as %resident if he holds an office of profit under the
or the =o4ern!ent of an State or under an local or other authorit subAect to the control of an
of the said =o4ern!ents.
7+planation.- For the purposes of this article, a person shall not be dee!ed to hold an office of
profit b reason onl that he is the %resident or Fice %resident of the Union or the =o4ernor of
an State or is a @inister either for the Union or for an State.
38. Condition! of Pre!identB! offi&e.- (1) The %resident shall not be a !e!ber of either 5ouse
of %arlia!ent or of a 5ouse of the 6e3islature of an State, and if a !e!ber of either 5ouse of
%arlia!ent or of a 5ouse of the 6e3islature of an State be elected %resident, he shall be
dee!ed to ha4e 4acated his seat in that 5ouse on the date on &hich he enters upon his office as
%resident.
(2) The %resident shall not hold an other office of profit.
(3) The %resident shall be entitled &ithout pa!ent of rent to the use of his official residences and
shall be also entitled to such e!olu!ents, allo&ances and pri4ile3es as !a be deter!ined b
%arlia!ent b la& and, until pro4ision in that behalf is so !ade, such e!olu!ents, allo&ances
and pri4ile3es as are specified in the Second Schedule.
(2) The e!olu!ents and allo&ances of the %resident shall ot be di!inished durin3 his ter! of
office.
59. Oath or affirmation "y the Pre!ident.- 74er %resident and e4er person actin3 as
%resident or dischar3in3 the functions of the %resident shall, before enterin3 upon his office,
!a'e and subscribe in the presence of the *hief >ustice of India or, in his absence, the senior
!ost >ud3e of the Supre!e *ourt a4ailable, an oath or affir!ation in the follo&in3 for!, that is to
sa-s&ear in the na!e of =od.
8I, ,.B., do ------------------------- that I ole!nl affir! &ill faithfull e+ecute the office of %resident (or
dischar3e the functions of the%resident) of India and &ill do the best of ! abilit preser4e,
protect and defend the *onstitution and the la& and that I &ill de4ote !self to the ser4ice and
&ell-bein3 of the people of India.8
51. Pro&ed)re for im.ea&hment of the Pre!ident.-
(1) Dhen a %resident is to be i!peached for 4iolation of the *onstitution, the char3e shall be
preferred b either 5ouse of %arlia!ent.
(2) 9o such char3e shall be preferred unless-
(a) the proposal to prefer such char3e is contained in a resolution &hich has been !o4ed after at
least fourteen das; notice in &ritin3 si3ned b not less than one-fourth of the total nu!ber of
!e!bers of the 5ouse has been 3i4en of their intention to !o4e the resolution, and
(b) such resolution has been passed b a !aAorit of not less than t&o-thirds of the total
!e!bership of the 5ouse.
(3) Dhen a char3e has been so preferred b either 5ouse of %arlia!ent, the other 5ouse shall
in4esti3ate the char3e or cause the char3e to be in4esti3ated and the %resident shall ha4e the
ri3ht to appear and to be represented as such in4esti3ation.
(2) If as a result of the in4esti3ation a resolution is passed b a !aAorit of not less than t&o-thirds
of the total !e!bership of the 5ouse b &hich the char3e &as in4esti3ated or cause to be
in4esti3ated, declarin3 that the char3e preferred a3ainst the %resident has been sustained, such
resolution shall ha4e the effect of re!o4in3 the %resident fro! his office as fro! the date on
&hich the resolution is so passed.
5. Time of ho#din+ e#e&tion to fi## /a&an&y in the offi&e of Pre!ident and the term of offi&e
of .er!on e#e&ted to fi## &a!)a# /a&an&y.- (1) ,n election to fill a 4acanc caused b the
e+piration of the ter! of office of %resident shall be co!pleted before the e+piration of the ter!.
(2) ,n election to fill a 4acanc in the office of %resident occurrin3 b reason of his death,
resi3nation or re!o4al, or other&ise shall be held as soon as possible after, and in no case later
than si+ !onths fro!, the date of occurrence of the 4acanc, and the person elected to fill the
4acanc shall, subAect to the pro4isions of ,rticle /0, be entitled to hold office for the full ter! of
fi4e ears fro! the date on &hich he enters upon his office.
5'. The >i&e1Pre!ident of India.- There shall be a Fice-%resident of India.
5,. The >i&e1Pre!ident to "e e*1offi&io Chairman of the &o)n&i# of State!.- The Fice-
%resident shall be e+-officio chair!an of the counsel of States and shall not hold an other office
of profit$ %ro4ided that durin3 an period &hen the Fice-%resident acts as %resident or dischar3es
the functions of the %resident under ,rticle 0/, he shall not perfor! the duties of the office of
chair!an of the council of States and shall not be entitled to an salar or allo&ance paable to
the chair!an of the council of States under ,rticle -..
53. The >i&e1Pre!ident to a&t a! Pre!ident or to di!&har+e hi! f)n&tion! d)rin+ &a!)a#
/a&an&ie! in the offi&e( or d)rin+ the a"!en&e( of Pre!ident.-
(1) In the e4ent of the occurrence of an 4acanc in the office of the %resident b reason of his
death, resi3nation or re!o4al, or other&ise, the Fice-%resident shall act as %resident until the
date on &hich a ne& %resident elected in accordance &ith the pro4isions of this *hapter to fill
such 4acanc enters upon his office.
(2) Dhen the %resident is unable to dischar3e his functions o&in3 to absence, illness or an other
cause, the Fice-%resident shall dischar3e his functions until the date on &hich the %resident
resu!es his duties.
(3) The Fice-%resident shall, durin3, and in respect of, the period &hile he is so actin3 as, or
dischar3in3 the functions of, %resident, ha4e all the po&ers and i!!unities of the %resident and
be entitled to such e!olu!ents, allo&ances and pri4ile3es as !a be deter!ined b %arlia!ent
b la& and, until pro4ision in that behalf is so !ade, such e!olu!ents, allo&ances and pri4ile3es
as are specified in the Second Schedule.
55. E#e&tion of >i&e1Pre!ident.- (1) The Fice-%resident shall be elected b the !e!bers of an
electoral colle3e consistin3 of the !e!bers of both 5ouses of %arlia!ent in accordance &ith the
sste! of proportional representation b !eans of the sin3le transferable 4ote and the 4otin3 at
such election shall be b secret ballot.
(2) The Fice-%resident shall not be a !e!ber of either 5ouse of %arlia!ent or of a 5ouse of the
6e3islature of an State, and if a !e!ber of either 5ouse of %arlia!ent or of a 5ouse of the
6e3islature of an State be elected Fice-%resident, he shall be dee!ed to ha4e 4acated his seat
in that 5ouse on the date on &hich he enters upon his office as Fice-%resident.
(3) 9o person shall be eli3ible for election as Fice-%resident unless he-
(a) is a citi<en of India"
(b) has co!pleted the a3e of thirt-fi4e ears"
; is #ualified for election as a !e!ber of the *ouncil of States.
(2) , person shall not be eli3ible for election as Fice-%resident if he holds an office of profit
under the =o4ern!ent of India or the =o4ern!ent of an State or under an local or other
authorit subAect to the control of an of the said =o4ern!ents.
7+planation- For the purposes of this article, a person shall not be dee!ed to hold an office of
profit b reason onl that he is the %resident or Fice-%resident of the Union or the =o4ernor of
an State or is a @inister either for the Union or for an State.
56. Term of offi&e of >i&e1Pre!ident.- The Fice-%resident shall hold office for a ter! of fi4e
ears fro! the date on &hich he enters upon his office$
%ro4ided that -
(a) a Fice-%resident !a, b &ritin3 under his hand addressed to the %resident, resi3n his office"
(b) a Fice-%resident !a be re!o4ed fro! his office b a resolution of the council of States
passed b a !aAorit of all the then !e!bers of the council and a3reed to b the 5ouse of the
%eople" but no resolution for the purpose of this clause shall be !o4ed unless at least fourteen
das; notice has been 3i4en of the intention to !o4e the reso
; a Fice-%resident shall, not&ithstandin3 the e+piration of his ter!, continue to hold office until his
successor enters upon his office.
57. Time of ho#din+ e#e&tion to fi## /a&an&y in the offi&e of >i&e1Pre!ident and the term of
offi&e of .er!on e#e&ted to fi## &a!)a# /a&an&y.- (1) ,n election to fill a 4acanc caused b the
e+piration of the ter! of office of Fice-%resident shall be co!pleted before the e+piration of the
ter!.
(2) ,n election to fill a 4acanc in the office of Fice-%resident occurrin3 b reason of his death,
resi3nation or re!o4al, or other&ise shall be held as soon as possible after the occurrence of the
4acanc, and the person elected to fill the 4acanc shall, subAect to the pro4isions of ,rticle 0., be
entitled to hold office for the full ter! of fi4e ears fro! the date on &hich he enters upon his
office.
58. Oath or affirmation "y the >i&e1Pre!ident.- 74er Fice-%resident shall, before enterin3
upon his office, !a'e and subscribe before the %resident, or so!e person appointed in that
behalf b hi!, an oath or affir!ation in the follo&in3 for!, that is to sa-s&ear in the na!e of
=od8I, ,.B., do ------------------------- that sole!nl affir! &ill bear true faith, and alle3iance to the
*onstitution of India as b la& established and that I &ill faithfull dischar3e the dut upon &hich I
a! about to enter.8
69. Di!&har+e of Pre!identB! f)n&tion! in other &ontin+en&ie!.- %arlia!ent !a !a'e such
pro4ision as if thin's fit for the dischar3e of the functions of the %resident in an contin3enc not
pro4ided for in this *hapter.
61. :atter! re#atin+ to( or &onne&ted $ith( the e#e&tion of a .re!ident or >i&e1Pre!ident.- (1)
,ll doubts and disputes arisin3 out of or in connection &ith the election of a president or 4ice-
%resident shall be in#uired into and decided b the Supre!e court &hose decision shall be final.
(2) If the election of a person as %resident or Fice-%resident is declared 4oid b the Supre!e
court, acts done b hi! in the e+ercise and perfor!ance of the po&ers and duties of the office of
%resident or Fice-%resident, as the case !a be, on or before the date of the decision of the
Supre!e *ourt shall not be in4alidated b reason of that declaration.
(3) SubAect to the pro4isions of this constitution, %arlia!ent !a b la& re3ulate an !atter
relatin3 to or connected &ith the election of a %resident or Fice-%resident.
(2) The election of a person as %resident or Fice-%resident shall not be called in #uestion on the
3round of the e+istence of an 4acanc for &hate4er reason a!on3 the !e!bers of the electoral
colle3e electin3 hi!.
6. Po$er of Pre!ident to +rant .ardon!( et&.( and to !)!.end( remit or &omm)te
!enten&e! in &ertain &a!e!.- (1) The %resident shall ha4e the po&er to 3rant pardons,
reprie4es, respites or re!issions of punish!ent or to suspend, re!it or co!!ute the sentence of
an person con4icted of an offence-
(a) in all cases &here the punish!ent or sentence is b a court @artial"
(b) in all cases &here the punish!ent or sentence is for an offence a3ainst an la& relatin3 to a
!atter to &hich the e+ecuti4e po&er of the Union e+tends"
; in all cases &here the sentence is a sentence of death.
(2) 9otin3 in sub-clause (a) of *lause (1) shall affect the po&er to suspend, re!it or co!!ute a
sentence of death e+ercisable b the =o4ernor of a State under an la& for the ti!e bein3 in
force.
6'. E*tent of e*e&)ti/e .o$er of the Union.- (1) SubAect to the pro4isions of this *onstitution,
the e+ecuti4e po&er of the Union shall e+tend-
(a) to the !atters &ith respect to &hich %arlia!ent has po&er to !a'e la&s" and
(b) to the e+ercise of such ri3hts, authorit and Aurisdiction as are e+ercisable b the 3o4ern!ent
of India b 4irtue of an treat on a3ree!ent$
%ro4ided that the e+ecuti4e po&er referred to in sub-clause (a) shall not, sa4e as e+pressl
pro4ided in this constitution or in an la& !ade b %arlia!ent, e+tend in an State to !atters &ith
respect in &hich the 6e3islature of the State has also po&er to !a'e la&s.
(2) Until other&ise pro4ided b %arlia!ent, a State and an officer or authorit of a State !a,
not&ithstandin3 anthin3 in this article, continue to e+ercise in !atters &ith respect to &hich
%arlia!ent has po&er to !a'e la&s for that State such e+ecuti4e po&er or functions as the State
or officer or authorit thereof could e+ercise i!!ediatel before the co!!ence!ent of this
*onstitution.
Co)n&i# of :ini!ter!
6,. Co)n&i# of :ini!ter! to aid and ad/i!e Pre!ident.- (1) There shall be a *ouncil of @inisters
&ith the %ri!e @inister at the head to aid and ad4ise the %resident &ho shall, in the e+ercise of
his functions, act in accordance &ith such ad4ice$
%ro4ided that the %resident !a re#uire the council of @inisters to reconsider such ad4ice, either
3enerall or other&ise, and the %resident shall act in accordance &ith the ad4ice tendered after
such reconsideration.
(2) The #uestion &hether an, and if so &hat, ad4ice &as tendered b @inisters to the %resident
shall not be in#uired into in an court.
./. Bther pro4isions as to @inisters.- (1) The %ri!e @inister shall be appointed b the %resident
and the other @inisters shall be appointed b the %resident on the ad4ice of the %ri!e @inister.
(2) The @inister shall hold office durin3 the pleasure of the %resident.
(3) The *ouncil of @inisters shall be collecti4el responsible to the 5ouse of the %eople.
(2) Before a @inister enters upon his office, the %resident shall ad!inister to hi! the oaths of
office and of secrec accordin3 to the for!s set out for the purpose in the Third Schedule.
(/) , @inister &ho for an period of si+ consecuti4e !onths is not a !e!ber of either 5ouse of
%arlia!ent shall at the e+piration of that period cease to be a @inister.
(0) The salaries and allo&ances of @inisters shall be such as %arlia!ent !a fro! ti!e to ti!e
b la& deter!ine and, until %arlia!ent so deter!ines, shall be as specified in the Second
Schedule.
The ,ttorne-=eneral for India
65. Attorney1;enera# for India.- (1) The %resident shall appoint a person &ho is #ualified to be
appointed a >ud3e of the Supre!e *ourt to be ,ttorne-=eneral for India.
(2) it shall be the dut of the ,ttorne =eneral to 3i4e ad4ice to the =o4ern!ent of India upon
such le3al !atters, and to perfor! such other duties of a le3al character, as !a fro! ti!e to
ti!e be referred or assi3ned to hi! b the %resident, and to dischar3e the functions conferred on
hi! b or under this *onstitution or an other la& for the ti!e bein3 in force.
(3) In the perfor!ance of his duties the ,ttorne-=eneral shall ha4e ri3ht of audience in all courts
in the territor of India.
(2) The ,ttorne =eneral shall hold office durin3 the pleasure of the %resident, and shall recei4e
such re!uneration as the %resident !a deter!ine.
*onduct of =o4ern!ent Business
66. Cond)&t of ")!ine!! of the ;o/ernment of India.- (1) ,ll e+ecuti4e action of the
=o4ern!ent of India shall be e+pressed to be ta'en in the na!e of the %resident.
(2) Brders and other instru!ents !ade and e+ecuted in the na!e of the %resident shall be
authenticated in such !anner as !a be specified in rules to be !ade b the %resident, and the
4alidit of an order or instru!ent &hich is so authenticated shall nor be called in #uestion on the
3round that it is not an order or instru!ent !ade or e+ecuted b the %resident.
(3) The %resident shall !a'e rules for the !ore con4enient transaction of the business of the
=o4ern!ent of India, and for the allocation a!on3 @inisters of the said business.
67. D)tie! of Prime :ini!ter a! re!.e&t! the f)rni!hin+ of information to the Pre!ident(
et&.- It shall be the dut of the %ri!e @inister-
(a) to co!!unicate to the %resident all decisions of the council of @inisters relatin3 to the
ad!inistration of the affairs of the union and proposals for le3islation"
(b) to furnish such infor!ation relatin3 to the ad!inistration of the affairs of the Union and
proposals for le3islation as the %resident !a call for" and
; if the %resident so re#uires, to sub!it for the consideration of the *ouncil of @inisters an
!atter on &hich a decision has been ta'en b a @inister but &hich has not been considered b
the *ouncil.

CHAPTER II 1 PAR-IA:ENT
;enera#
68. Con!tit)tion of Par#iament.- There shall be a %arlia!ent for the Union &hich shall consist of
the %resident and t&o 5ouses to be 'no&n respecti4el as the council of States and the 5ouse of
the %eople.
79. Com.o!ition of the Co)n&i# of State!.- (1) The *ouncil of States shall consist of-
(a) t&el4e !e!bers to be no!inated b the %resident in accordance &ith the pro4isions of clause
(3)"and
(b) not !ore than t&o hundred and thirt-ei3ht representati4es of the States and of the Union
territories.
(2) The allocation of seats in the *ouncil of States to be filled b representati4es of the States and
of the Union territories shall be in accordance &ith the pro4isions in that behalf contained in the
fourth Schedule.
(3) The !e!bers to be no!inated b the %resident under sub-clause (a) of clause (1) shall
consist of persons ha4in3 special 'no&led3e or practical e+perience in respect of such !atters as
the follo&in3, na!el$-
-iterat)re( !&ien&e( art and !o&ia# !er/i&e.
(2) The representati4es of each State in the council of States shall be elected b the elected
!e!bers of the 6e3islati4e ,sse!bl of the State in accordance &ith the sste! of proportional
representation b !eans of the sin3le transferable 4ote.
(/) The representati4es of the Union Territories in the council of States shall be chosen in such
!anner as %arlia!ent !a b la& prescribe.
71. Com.o!ition of the Ho)!e of the Peo.#e.- (1) SubAect to the pro4isions of ,rticle 331 the
5ouse of the %eople shall consist of -
(a) not !ore than fi4e hundred and thirt !e!bers chosen b direct election fro! territorial
constituencies in the States, and
(b) not !ore than t&ent !e!bers to represent the Union territories, chosen in such !anner as
parlia!ent !a b la& pro4ide.
(2) For the purposes of sub-clause (a) of clause (1)-(a) there shall be allotted to each State a
nu!ber of seats in the 5ouse of the %eople in such !anner that the ratio bet&een that nu!ber
and the population of the State is, so far as practicable, the sa!e for all States" and
(b) each State shall be di4ided into territorial constituencies in such !anner that the ratio bet&een
the population of each constituenc and th nu!ber of seats allotted to it is, so far as practicable,
the sa!e throu3hout the State$ %ro4ided that the pro4isions of sub-clause (a) of this clause shall
not be applicable for the purpose of allot!ent of seats in the 5ouse of the %eople to an State so
lon3 as the population of that State does not e+ceed si+ !illions.
(3) In this article, the e+pression 8population8 !eans the population as ascertained at the last
precedin3 census of &hich the rele4ant fi3ures ha4e been published$ %ro4ided that the reference
in this clause to the last precedin3 census of &hich the rele4ant fi3ures ha4e been published
shall, until the rele4ant fi3ures for the first census ta'en after the ear 2111 ha4e been published,
be construed as a reference to the 1-.1 census.
7. ReadA)!tment after ea&h &en!)!.- Upon the co!pletion of each census, the allocation of
seats in the 5ouse of the %eople to the States and the di4ision of each State into territorial
constituencies shall be readAusted b such authorit and in such !anner as %arlia!ent !a b
la& deter!ine$
%ro4ided that such readAust!ent shall not affect representation in the 5ouse of the %eople until
the dissolution of the then e+istin3 5ouse$ %ro4ided further that such readAust!ent shall ta'e
effect fro! such date as %resident !a, b order, specif and until such readAust!ent ta'es
effect, an election to the 5ouse !a be held on the basis of the territorial constituencies e+istin3
before such readAust!ent$
%ro4ided also that until the rele4ant fi3ures for the first census ta'en after the ear 2111 ha4e
been published, it shall not be necessar to readAust the allocation of seats in the 5ouse of the
%eople to the States and the di4ision of each State into territorial constituencies under this
article.
7'. D)ration of Ho)!e! of Par#iament.- (1) The council of States shall not be subAect to
dissolution, but as nearl as possible one-third of the !e!bers thereof shall retire as soon as
!a be on the e+piration of e4er second ear in accordance &ith the pro4isions !ade in that
behalf b %arlia!ent b la&.
(2) The 5ouse of the %eople, unless sooner dissol4ed, shall continue for fi4e ears fro! the date
appointed for its first !eetin3 and no lon3er and the e+piration of the said period of fi4e ears
shall operate as a dissolution of the 5ouse$ %ro4ided that the said period !a, &hile a
%rocla!ation of 7!er3enc is in operation, be e+tended b %arlia!ent b la& for a period not
e+ceedin3 one ear as a ti!e and not e+tendin3 in an case beond a period of si+ !onths after
s the %rocla!ation has ceased to operate.
7,. <)a#ifi&ation for mem"er!hi. of Par#iament.- , person shall not be #ualified to be chosen
to fill a seat in %arlia!ent unless he-
(a) is a citi<en of India, and !a'es and subscribes before so!e person authorised in that behalf
b the 7lection *o!!ission an oath or affir!ation accordin3 to the for! set out for the purpose in
the Third Schedule"
(b) is, in the case of a seat in the *ouncil of States, not less than thirt ears of a3e and, in the
case of a seat in the 5ouse of the %eople, not less than t&ent-fi4e ears of a3e" and
; possesses such other #ualifications as !a be prescribed in that behalf b or under an la&
!ade b %arlia!ent.
73. Se!!ion! of Par#iament( .roro+ation and di!!o#)tion.- (1) The %resident shall for! ti!e to
ti!e su!!on each 5ouse of %arlia!ent to !eet at such ti!e and place as he thin's fit, but si+
!onths shall not inter4ene bet&een its last sittin3 in one session and the date appointed for its
first sittin3 in the ne+t session.
(2) The %resident !a fro! ti!e to ti!e-
(a) proro3ue the 5ouses or either 5ouse"
(b) dissol4e the 5ouse of the %eople.
75. Ri+ht of Pre!ident to addre!! and !end me!!a+e! to Ho)!e!.-
(1) The %resident !a address either 5ouse of %arlia!ent or both 5ouses asse!bled to3ether,
and for that purpose re#uire the attendance of !e!bers.
(2) The %resident !a send !essa3es to either 5ouse of %arlia!ent, &hether &ith respect to a
Bill then pendin3 in %arlia!ent or other&ise, and a 5ouse to &hich an !essa3e is so sent shall
&ith all con4enient dispatch consider an !atter re#uired b the !essa3e to be ta'en into
consideration.
76. S.e&ia# addre!! "y the Pre!ident.-
(1) ,t the co!!ence!ent of the first session after each 3eneral election to the 5ouse of the
%eople and at the co!!ence!ent of the first session of each ear the %resident shall address
both 5ouses of %arlia!ent asse!bled to3ether and infor! %arlia!ent of the causes of its
su!!ons.
(2) %ro4ision shall be !ade b rules re3ulatin3 the procedure of either 5ouse for the allot!ent of
ti!e for discussion of the !atters referred to in such address.
77. Ri+ht! of :ini!ter! and Attorney1;enera# in re!.e&t! Ho)!e!.- 74er @inister and the
,ttorne-=eneral of India shall ha4e the ri3ht to spea' in, and other&ise to ta'e part in the
proceedin3s of either 5ouse, an Aoint sittin3 of the 5ouses, and an co!!ittee of %arlia!ent of
&hich he !a be na!ed a !e!ber, but shall not b 4irtue of this article be entitled to 4ote.
Offi&er! of Par#iament
78. The Chairman and De.)ty Chairman of the &o)n&i# of State!.- (1) The Fice-%resident of
India shall be e+-officio *hair!an of the *ouncil of States.
(2) The council of States shall, as soon as !a be, choose a !e!ber of the council to be ?eput
an thereof and, so often as the office of ?eput *hair!an beco!es 4acant, the council shall
choose another !e!ber to be ?eput chair!an thereof.
89. >a&ation and re!i+nation of( and remo/a# from( the offi&e of De.)ty Chairman.- ,
!e!ber holdin3 office as ?eput chair!an of the *ouncil of States-
(a) shall 4acate his office if he cease to be a !e!ber of the *ouncil"
(b) !a at an ti!e, b &ritin3 under his hand addressed to the *hair!an, resi3n his office" and
; !a be re!o4ed fro! his office b a resolution of the *ouncil passed b a !aAorit of all the
then !e!bers of the *ouncil$ %ro4ided that no resolution for the purpose of clause ; shall be
!o4ed unless at least fourteen das; notice has been 3i4en of the intention to !o4e the
resolution.
81. Po$er of the De.)ty &hairman or other .er!on to .erform the d)tie! of the offi&e of( or
to a&t a!( Chairman.- (1) Dhile the office of *hair!an is 4acant, or durin3 an period &hen the
4ice-%resident is actin3 as, or dischar3in3 the functions of, %resident, the duties of the office shall
be perfor!ed b the ?eput chair!an, or, if the office of ?eput chair!an is also 4acant, b such
!e!ber of the council of States as the %resident !a appoint for the purpose.
(2) ?urin3 the absence of the chair!an fro! an sittin3 of the council of States the ?eput
chair!an, or, if he is also absent, such person as !a be deter!ined b the rules of procedure of
the council, or, if no such person is present, such other person as !a be deter!ined b the
council, shall act as *hair!an.
8. The Chairman or the De.)ty &hairman not to .re!ide $hi#e a re!o#)tion for hi! remo/a#
from offi&e i! )nder &on!ideration.- (1) ,t an sittin3 of the *ouncil of States, &hile an
resolution for the re!o4al of the Fice-%resident fro! his office is under consideration, the
*hair!an, or &hile an resolution for the re!o4al of the ?eput *hair!an fro! his office is under
consideration, the ?eput *hair!an, shall not, thou3h he is present, preside, and the pro4isions
of clause (2) of ,rticle -1 shall appl in relation to e4er such sittin3 as the appl in relation to a
sittin3 fro! &hich the chair!an, or, as the case !a be, the ?eput *hair!an, is absent.
(2) The *hair!an shall ha4e the ri3ht to spea' in, and other&ise to ta'e part in proceedin3s of,
the *ouncil of States &hile an resolution for the re!o4al of the Fice %resident fro! his office is
under consideration in the *ouncil, but, not&ithstandin3 anthin3 in ,rticle 111, shall not be
entitled to 4ote at all on such resolution or on an other !atter durin3 such proceedin3s.
8'. The S.ea%er and De.)ty S.ea%er of the Ho)!e of the Peo.#e.- The 5ouse of the %eople
shall, as soon as !a be, choose t&o !e!bers of the 5ouse to be respecti4el Spea'er and
?eput Spea'er thereof and, so often as the office of Spea'er or ?eput Spea'er beco!es
4acant, the 5ouse shall choose another !e!ber to be Spea'er or ?eput Spea'er, as the case
!a be.
8,. >a&ation and re!i+nation of( and remo/a# from( the offi&e! of S.ea%er and De.)ty
S.ea%er.1 A mem"er ho#din+ offi&e a! S.ea%er or De.)ty S.ea%er of the Ho)!e of the
Peo.#e-
(a) shall 4acate his office if he ceases to be a !e!ber of the 5ouse of the %eople"
(b) !a at an ti!e, b &ritin3 under his hand addressed, if such !e!ber is the Spea'er, to the
?eput Spea'er, and if such !e!ber is the ?eput Spea'er, to the Spea'er, resi3n his office"
and
; !a be re!o4ed fro! his office b a resolution of the 5ouse of the %eople passed b a !aAorit
of all the then !e!bers of the 5ouse$
%ro4ided that no resolution for the purpose of clause ; shall be !o4ed unless at least fourteen
das; notice has been 3i4en of the intention to !o4e the resolution$
%ro4ided further that, &hene4er the 5ouse of the %eople is dissol4ed, the Spea'er shall not
4acate his office until i!!ediatel before the first !eetin3 of the 5ouse of the %eople after the
dissolution.
83. Po$er of the De.)ty S.ea%er or other .er!on to .erform the d)tie! of the offi&e of( or
to a&t a!( S.ea%er.- (1) Dhile the office of Spea'er is 4acant, the duties of the office shall be
perfor!ed b the ?eput Spea'er or, if the office of ?eput Spea'er is also 4acant, b such
!e!ber of the 5ouse of the %eople as the %resident !a appoint for the purpose.
(2) ?urin3 the absence of the Spea'er fro! an sittin3 of the 5ouse of the %eople the ?eput
Spea'er or, if he is also absent, such person as !a be deter!ined b the rules of procedure of
the 5ouse, or, if no such person is present, such other person as !a be deter!ined b the
5ouse, shall act as Spea'er.
85. The S.ea%er or the De.)ty S.ea%er not to .re!ide $hi#e a re!o#)tion for hi! remo/a#
from offi&e i! )nder &on!ideration.- (1) ,t an sittin3 of the 5ouse of the %eople, &hile an
resolution for the re!o4al of the Spea'er fro! his office is under consideration, the Spea'er, or
&hile an resolution for the re!o4al of the ?eput Spea'er fro! his office is under consideration,
the ?eput Spea'er, shall not, thou3h he is present, preside, and the pro4isions of clause (2) of
,rticle -/ shall appl in relation to e4er such sittin3 as the appl in relation to a sittin3 fro!
&hich the Spea'er, or, as the case !a be, the ?eput Spea'er, is absent.
(2) The Spea'er shall ha4e the ri3ht to spea' in, and other&ise to ta'e part in the proceedin3s of,
the 5ouse of the %eople &hile an resolution for his re!o4al fro! office is under consideration in
the 5ouse and shall, not&ithstandin3 anthin3 in ,rticle 111, be entitled to 4ote onl in the first
instance on such resolution or on an other !atter durin3 such proceedin3s but not in the case of
an e#ualit of 4otes.
86. Sa#arie! and a##o$an&e! of the Chairman and De.)ty Chairman and the S.ea%er and
De.)ty S.ea%er.- There shall be paid to the *hair!an and the ?eput *hair!an of the council
of States, and to the Spea'er and the ?eput Spea'er of the 5ouse of the %eople, such salaries
and allo&ances as !a be respecti4el fi+ed b %arlia!ent b la& and, until pro4ision in that
behalf is so !ade, such salaries and allo&ances as are specified in the Second Schedule.
87. Se&retariat of Par#iament.- (1) 7ach 5ouse of %arlia!ent shall ha4e a separate secretariat
staff$ %ro4ided that nothin3 in this clause shall be construed as pre4entin3 the creation of posts
co!!on to both 5ouses of %arlia!ent.
(2) %arlia!ent !a b la& re3ulate the recruit!ent, and the conditions of ser4ice of persons
appointed, to the secretarial staff of either 5ouse of %arlia!ent.
(3) Until pro4ision is !ade b %arlia!ent under clause (2), the %resident !a, after consultation
&ith the Spea'er of the 5ouse of the %eople or the chair!an of the council of States, as the case
!a be, !a'e rules re3ulatin3 the recruit!ent, and the conditions of ser4ice of persons
appointed, to the secretarial staff of the 5ouse of the %eople or the council of States, and an
rules so !ade shall ha4e effect subAect to the pro4isions of an la& !ade under the said clause.
*onduct of Business
88. Oath or affirmation "y mem"er!.- 74er !e!ber of either 5ouse of %arlia!ent shall, before
ta'in3 his seat, !a'e and subscribe before the %resident, or so!e person appointed in that
behalf b hi!, an oath or affir!ation accordin3 to the for! set out for the purpose in the Third
Schedule.
199. >otin+ in Ho)!e!( .o$er of Ho)!e! to a&t not$ith!tandin+ /a&an&ie! and 0)or)m.- (1)
Sa4e as other&ise pro4ided in this *onstitution, all #uestions at an sittin3 of either 5ouse or Aoint
sittin3 of the 5ouses shall be deter!ined b a !aAorit of 4otes of the !e!bers present and
4otin3, other than the Spea'er or person actin3 as *hair!an or Spea'er. The *hair!an or
Spea'er, or person actin3 as such, shall not 4ote in the first instance, but shall ha4e and e+ercise
a castin3 4ote in the case of an e#ualit of 4otes.
(2) 7ither 5ouse of %arlia!ent shall ha4e po&er to act not&ithstandin3 an 4acanc in the
!e!bership thereof, and an proceedin3s in %arlia!ent shall be 4alid not&ithstandin3 that it is
disco4ered subse#uentl that so!e person &ho &as not entitled so to do sat or 4oted or
other&ise too' part in the proceedin3s.
(3) Until %arlia!ent b la& other&ise pro4ides, the #uoru! to constitute a !eetin3 of either
5ouse of %arlia!ent shall be one-tenth of the total nu!ber of !e!bers of the 5ouse.
(2) If at an ti!e durin3 a !eetin3 of a 5ouse there is no #uoru!, it shall be the dut of the
chair!an or Spea'er, or person actin3 as such, either to adAourn the 5ouse or to suspend the
!eetin3 until there is a #uoru!
191. >a&ation of !eat!.- (1) 9o person shall be a !e!ber of both 5ouses of %arlia!ent and
pro4ision shall be !ade b %arlia!ent b la& for the 4acation b a person &ho is chosen a
!e!ber of both 5ouses of his seat in one 5ouse or the other.
(2) 9o person shall be a !e!ber both of %arlia!ent and of a 5ouse of the 6e3islature of a State
and if a person is chosen a !e!ber both of %arlia!ent and of a 5ouse of the 6e3islature of a
State, then, at the e+piration of such period as !a be specified in rules !ade b the %resident,
that person;s seat in %arlia!ent shall beco!e 4acant, unless he has pre4iousl resi3ned his seat
in the 6e3islature of the State.
(3) If a !e!ber of either 5ouse of %arlia!ent-
(a) beco!es subAect to an of the dis#ualificationGs !entioned in clause (1) or clause (2) of ,rticle
112, or
(b) resi3ns his seat b &ritin3 under his hand addressed to the *hair!an or the Spea'er, as the
as !a be, and his resi3nation is accepted b the chair!an or the Spea'er, as the case !a be,
his seat shall thereupon beco!e 4acant$ %ro4ided that in the case of an resi3nation referred to
in sub-clause (b), if fro! infor!ation recei4ed or other&ise and after !a'in3 such in#uir as he
thin's fit, the chair!an or the Spea'er, as the case !a be, is satisfied that such resi3nation is
not 4oluntar or 3enuine, he shall not accept such resi3nation.
(2) If for a period of si+t das a !e!ber of either 5ouse of %arlia!ent is &ithout per!ission of
the 5ouse absent fro! all !eetin3s thereof, the 5ouse !a declare his seat 4acant$
%ro4ided that in co!putin3 the said period of si+t das no account shall be ta'en of an period
durin3 &hich the 5ouse is proro3ued or is adAourned for !ore than four consecuti4e das.
19. Di!0)a#ifi&ation'! for mem"er!hi..- (1) , person shall be dis#ualified for bein3 chosen as,
and for bein3, a !e!ber of either 5ouse of %arlia!ent-
(a) if he holds an office of profit under the =o4ern!ent of India or the =o4ern!ent of an State,
other than an office declared b %arlia!ent b la& not to dis#ualif its holder"
(b) if he is of unsound !ind and stands so declared b a co!petent court"
(c) if he is an undischar3ed insol4ent"
(d) if he is not a citi<en of India, or has 4oluntaril ac#uired the citi<enship of a forei3n State, or is
under an ac'no&led3e!ent of alle3iance or adherence to a forei3n State"
(e) if he is so dis#ualified b or under an la& !ade b %arlia!ent.
7+planation- For the purposes of this clause a person shall not be dee!ed to hold an office of
profit under the =o4ern!ent of India or the =o4ern!ent of an State b reason onl that he is a
@inister either for the Union or for such State.
(2) , person shall be dis#ualified for bein3 a !e!ber of either 5ouse of %arlia!ent if he is so
dis#ualified under the Tenth Schedule.
19'. De&i!ion on 0)e!tion! a! to di!0)a#ifi&ation! of mem"er!.- (1) If an #uestion arises as
to &hether a !e!ber of either 5ouse of %arlia!ent has beco!e subAect to an of the
dis#ualifications !entioned in clause (1) of ,rticle 112, the #uestion shall be referred for the
decision of the %resident and his decision shall be final.
(2) Before 3i4in3 an decision on an such #uestion, the %resident shall obtain the opinion of the
7lection *o!!ission and shall act accordin3 to such opinion.
19,. Pena#ty for !ittin+ and /otin+ "efore ma%in+ oath or affirmation )nder Arti&#e 88 or
$hen not 0)a#ified or $hen di!0)a#ified.- If a person sits or 4otes as a !e!ber of either 5ouse
of %arlia!ent before he has co!plied &ith the re#uire!ents of ,rticle --, or &hen he 'no&s that
he is not #ualified or that he is dis#ualified for !e!bership thereof, or that he is prohibited fro!
so doin3 b the pro4isions of an la& !ade b %arlia!ent, he shall be liable in respect of each
da on &hich he so sits or 4otes to a penalt of fi4e hundred rupees to be reco4ered as a debt
due to the Union.
%o&ers, %ri4ile3es and I!!unities of %arlia!ent and its @e!bers
193. Po$er!( .ri/i#e+e!( et&. of the Ho)!e! of Par#iament and of the mem"er! and
&ommittee! thereof.- (1) SubAect to the pro4isions of this constitution and the rules and standin3
orders re3ulatin3 the procedure of %arlia!ent, there shall be freedo! of speech in %arlia!ent.
(2) 9o !e!ber of %arlia!ent shall be liable to an proceedin3s in an court in respect of anthin3
said or an 4ote 3i4en b hi! in %arlia!ent or an co!!ittee thereof, and no person shall be so
liable in respect of the publication b or under the authorit of either 5ouse of %arlia!ent of an
report, paper, 4otes or proceedin3s.
(3) In other respects, the po&ers, pri4ile3es and i!!unities of each 5ouse of %arlia!ent, and of
the !e!bers and the co!!ittees of each 5ouse, shall be such as !a fro! ti!e to ti!e be
defined b %arlia!ent b la&, and, until so defined shall be those of that 5ouse and of its
!e!bers and co!!ittees i!!ediatel before the co!in3 into force of Section 1/ of the
*onstitution (Fort-fourth ,!end!ent) ,ct 1-.:.
(2) The pro4isions of clauses (1), (2) and (3) shall appl in relation to persons &ho b 4irtue of this
constitution ha4e the ri3ht to spea' in, and other&ise to ta'e part in the proceedin3s of, a 5ouse
of %arlia!ent or an co!!ittee thereof as the appl in relation to !e!bers of %arlia!ent.
195. Sa#arie! and a##o$an&e! of mem"er!.- @e!bers of either 5ouse of %arlia!ent shall be
entitled to recei4e such salaries and allo&ances as !a fro! ti!e to ti!e be deter!ined b
%arlia!ent b la& and, until pro4ision in that in that respect is so !ade, allo&ances at such rates
and upon such conditions as &ere i!!ediatel before the co!!ence!ent of this *onstitution
applicable in the case of !e!bers of the *onstituent ,sse!bl of the ?o!inion of India.
-e+i!#ati/e Pro&ed)re
196. Pro/i!ion! a! to introd)&tion and .a!!in+ of @i##!.- (1) SubAect to the pro4isions of
,rticles 11- and 11. &ith respect to @one Bills and other financial Bills, a Bill !a ori3inate in
either 5ouse of %arlia!ent.
(2) SubAect to the pro4isions of ,rticle 11: and 11-, a Bill shall not be dee!ed to ha4e been
passed b the 5ouses of %arlia!ent unless it has been a3reed to b both 5ouses, either &ithout
a!end!ent or &ith such a!end!ents onl as are a3reed b both 5ouses.
(3) , Bill pendin3 in %arlia!ent shall not lapse b reason of the proro3ation of the 5ouses.
(2) , Bill pendin3 in the *ouncil of States &hich has not been passed b the 5ouse of the %eople
shall not lapse on a dissolution of the 5ouse of the %eople.
(/) , Bill &hich is pendin3 in the 5ouse of the %eople, or &hich ha4in3 been passed b the 5ouse
of the %eople is pendin3 in the council of States, shall subAect to the pro4isions of ,rticle 11:,
lapse on a dissolution of the 5ouse of the %eople.
197. Coint !ittin+ of "oth Ho)!e! in &ertain &a!e!.- (1) If after a Bill has been passed b one
5ouse and trans!itted to the other 5ouse-
(a) the Bill is reAected b the other 5ouse" or
(b) the 5ouses ha4e finall disa3reed as to the a!end!ents to be !ade in the Bill" or
; !ore than si+ !onths elapse fro! the date of the reception of the Bill b the other 5ouse
&ithout the Bill bein3 passed b it. the %resident !a, unless the Bill has lapsed b reason of a
dissolution of the 5ouse of the %eople, notif to the 5ouses b !essa3e if the are sittin3 or b
public notification if the are not sittin3, his intention to su!!on the! to !eet in a Aoint sittin3 for
the purpose of deliberatin3 and 4otin3 on the Bill$
%ro4ided that nothin3 in this clause shall appl to a @one Bill.
(2) In rec'onin3 an such period of si+ !onths as is referred to in clause (1), no account shall be
ta'en of an period durin3 &hich the 5ouse referred to in sub-clause ; of that clause is proro3ued
or adAourned for !ore than four consecuti4e das.
(3) Dhere the %resident has under clause (1) notified his intention of su!!onin3 the 5ouses to
!eet in a Aoint sittin3, neither 5ouse shall proceed further &ith the Bill, but the %resident !a at
an ti!e after the date of his notification su!!on the 5ouses to !eet in a Aoint sittin3 for the
purpose specified in the notification and, if he does so, the 5ouses shall !eet accordin3l.
(2) If at the Aoint sittin3 of the t&o 5ouses the Bill, &ith such a!end!ents, if an, as are a3reed to
in Aoint sitin3, is passed b a !aAorit of the total nu!ber of !e!bers of both 5ouses present and
4otin3, it shall be dee!ed for the purposes of this *onstitution to ha4e been passed b both
5ouses$
Pro/ided that a Aoint !ittin+-
(a) if the Bill, ha4in3 been passed b one 5ouse, has not been passed b the other 5ouse &ith
a!end!ents and returned to the 5ouse in &hich it ori3inated, no a!end!ent shall be proposed
to the Bill other than such a!end!ents (if an) as are !ade necessar b the dela in the
passa3e of the Bill"
(b) if the Bill has been so passed and returned, onl such a!end!ents as aforesaid shall be
proposed to the Bill and such other a!end!ents as are rele4ant to the !atters &ith respect to
&hich the 5ouses ha4e not a3reed" and the decision of the person presidin3 as to the
a!end!ents &hich are ad!issible under this clause shall be final.
(/) , Aoint sittin3 !a be held under this article and a Bill passed thereat, not&ithstandin3 that a
dissolution of the 5ouse of the %eople has inter4ened since the %resident notified his intention to
su!!on the 5ouses to !eet therein.
198. S.e&ia# .ro&ed)re in re!.e&t of :oney @i##!.- (1) , @one Bill shall not be introduced in
the *ouncil of States.
(2) ,fter a @one Bill has been passed b the 5ouse of the %eople it shall be trans!itted to the
*ouncil of States for its reco!!endations and the *ouncil of States shall &ithin a period of
fourteen das fro! the date of its receipt of the Bill return the Bill to the house of the %eople &ith
its reco!!endations and the 5ouse of the %eople !a thereupon either accept or reAect all or
an of the reco!!endations of the *ouncil of States.
(3) If the 5ouse of the %eople accepts an of the reco!!endations of the council of States, the
@one Bill shall be dee!ed to ha4e been passed b both 5ouses &ith the a!end!ents
reco!!ended b the council of States and accepted b the 5ouse of the %eople.
(2) If the 5ouse of the %eople does not accept an of the reco!!endations of the council of
States, the @one Bill shall be dee!ed to ha4e been passed b both 5ouses in the for! in &hich
it &as passed b the 5ouse of the %eople &ithout an of the a!end!ents reco!!ended b the
*ouncil of States.
(/) If a @one Bill passed b the 5ouse of the %eople and trans!itted to the council of States for
its reco!!endations is not returned to the 5ouse of the %eople &ithin the said period of fourteen
das, it shall be dee!ed to ha4e been passed b both 5ouses at the e+piration of the said period
in the for! in &hich it &as passed b the 5ouse of the %eople.
119. Definition of D:oney @i##D.- (1) For the purposes of this *hapter, a Bill shall be dee!ed to
be a @one Bill if it contains onl pro4isions dealin3 &ith all or an of the follo&in3 !atters,
na!el-
(a) the i!position, abolition, re!ission, alteration or re3ulation of an ta+"
(b) the re3ulation of the borro&in3 of !one or the 3i4in3 of an 3uarantee b the =o4ern!ent of
India, or the a!end!ent of the la& &ith respect to an financial obli3ations underta'en or to be
underta'en b the =o4ern!ent of India"
; the custod of the consolidated Fund or the *ontin3enc Fund of India, the pa!ent of !ones
into or the &ithdra&al of !ones fro! an such Fund"
(d) the appropriation of !ones out of the consolidated Fund of India"
(e) the declarin3 of an e+penditure to be e+penditure char3ed on the *onsolidated Fund of India
or the increasin3 of the a!ount of an such e+penditure"
(f) the receipt of !one on account of the *onsolidated Fund of India or the public account of
India or the custod or issue of such !one or the audit of the accounts of the Union or of a
State" or
(3) an !atter incidental to an of the !atters specified in sub-clause (a) to (f).
(2) , Bill shall not be dee!ed to be a @one Bill b reason onl that it pro4ides for the i!position
of fines or other pecuniar penalties, or for the de!and or pa!ent of fees for licences or fees for
ser4ices rendered, or b reason that it pro4ides for the i!position, abolition, re!ission, alteration
or re3ulation of an ta+ b an local authorit or bod for local purposes.
(3) If an #uestion arises &hether a Bill is a @one Bill or not, the decision of the Spea'er of the
5ouse of the %eople thereon shall be final.
(2) There shall be endorsed on e4er @one Bill &hen it is trans!itted to the *ouncil of States
under ,rticle 11-, and &hen it is presented to the %resident for assent under ,rticle 111, the
certificate of the Spea'er of the 5ouse of the %eople si3ned b hi! that it is a @one Bill.
111. A!!ent to @i##!.- Dhen a Bill has been passed b the 5ouses of %arlia!ent, it shall be
presented to the %resident, and the %resident shall declare either that he assents to the Bill, or
that he &ithholds assent therefro!.
%ro4ided that the %resident !a, as soon as possible after the presentation to hi! of a Bill for
assent, return the Bill if it is not a @one Bill to the 5ouses &ith a !essa3e re#uestin3 that the
&ill reconsider the Bill or an specified pro4isions thereof and, in particular, &ill consider the
desirabilit of introducin3 an such a!end!ents as he !a reco!!end in his !essa3e, and
&hen a Bill is so returned, the 5ouses shall reconsider the Bill accordin3l, and if the Bill is
passed a3ain b the 5ouses &ith or &ithout a!end!ent and presented to the %resident for
assent, the %resident shall not &ithhold assent therefro!.
Pro&ed)re! in Finan&ia# :atter!
11. Ann)a# finan&ia# !tatement.- (1) The %resident shall in respect of e4er financial ear
cause to be laid before both the 5ouses of %arlia!ent a state!ent of the esti!ated receipts and
e+penditure of the =o4ern!ent of India for that ear, in this %art referred to as the 8annual
financial state!ent8.
(2) The esti!ates of e+penditure e!bodied in the annual financial state!ent shall sho&
separatel-
(a) the su!s re#uired to !eet e+penditure described b the *ondition as e+penditure char3ed
upon the *onsolidated Fund of India" and
(b) the su!s re#uired to !eet other e+penditure proposed to be !ade fro! the *onsolidated
Fund of India, and shall distin3uish e+penditure on re4enue account fro! other e+penditure.
(3) The follo&in3 e+penditure shall be e+penditure char3ed on the *onsolidated Fund of India-
(a) the e!olu!ents and allo&ances of the %resident and other e+penditure relatin3 to his office"
(b) the salaries and allo&ances of the *hair!an and the ?eput *hair!an of the *ouncil of
States and the Spea'er and the ?eput Spea'er of the 5ouse of the %eople"
; debt char3es for &hich the =o4ern!ent of India is liable includin3 interest, sin'in3 fund char3es
and rede!ption char3es, and other e+penditure relatin3 to the raisin3 of loans and the ser4ice
and rede!ption of debt"
(d) (i) the salaries, allo&ances and pensions paable to or in respect of >ud3es of the Supre!e
*ourt,
(ii) the pensions paable to or in respect of >ud3es of the Federal *ourt,
(iii) the pensions paable to or in respect of >ud3es of an 5i3h *ourt &hich e+ercises Aurisdiction
in relation to an area included in the territor of India or &hich at an ti!e before the
co!!ence!ent of this *onstitution e+ercises Aurisdiction in relation to an area included in a
=o4ernor;s %ro4ince of the ?o!inion of India"
(e) the salar, allo&ances and pension paable to or in respect of the *o!ptroller and ,uditor-
=eneral of India"
(f) an su!s re#uired to satisf an Aud3!ent, decree or a&ard of an court or arbitral tribunal"
(3) an other e+penditure declared b this *onstitution or b %arlia!ent b la& to be so char3ed.
11'. Pro&ed)re in Par#iament $ith re!.e&t to e!timate!.-
(1) So !uch of the esti!ates as relates to e+penditure char3ed upon the *onsolidated Fund of
India shall not be sub!itted to the 4ote of %arlia!ent, but nothin3 in this clause shall be
construed as pre4entin3 the discussion in either 5ouse of %arlia!ent of an of those esti!ates.
(2) So !uch of the said esti!ates as relates to other e+penditure shall be sub!itted in the for! of
de!ands for 3rants to the 5ouse of the %eople, and the 5ouse of the %eople shall ha4e po&er to
assent, or to refuse to assent, to an de!and, or to assent to an de!and subAect to a reduction
of the a!ount specified therein.
(3) 9o de!and for a 3rant shall be !ade e+cept on the reco!!endation of the %resident.
11,. A..ro.riation @i##!.- (1) ,s soon as !a be after the 3rants under article 113 ha4e been
!ade b the 5ouse of the %eople, there shall be introduced a Bill to pro4ide for the appropriation
out of the *onsolidated Fund of India of all !ones re#uired to !eet-
(a) the 3rants so !ade b the 5ouse of the %eople" and
(b) the e+penditure char3ed on the *onsolidated fund of India but not e+ceedin3 in an case the
a!ount sho&n in the state!ent pre4iousl laid before %arlia!ent.
(2) 9o a!end!ent shall be proposed to an such Bill in either 5ouse of %arlia!ent &hich &ill
ha4e the effect of 4arin3 the a!ount or alterin3 the destination of an 3rant so !ade or of
4arin3 the a!ount of an e+penditure char3ed on the *onsolidated Fund of India, and the
decision of the person presidin3 as to &hether an a!end!ent is inad!issible under this clause
shall be final.
(3) SubAect to the pro4isions of articles 11/ and 110, no !one shall be &ithdra&n fro! the
*onsolidated Fund of India e+pect under appropriation !ade b la& passed in accordance &ith
the pro4isions of this article.
113. S)..#ementary( additiona# or e*&e!! +rant!.1 E1F The Pre!ident !ha##-
(a) If the a!ount authorised b an la& !ade in accordance &ith the pro4isions of article 112 to
be e+pended for a particular ser4ice for the current financial ear is found to be insufficient for the
purposes of that ear or &hen a need has arisendurin3 the current financial ear for
supple!entar or additional e+penditure upon so!e ne& ser4ice not conte!plated in the annual
financial state!ent for that ear, or
(b) if an !one has been spent on an ser4ice durin3 a financial ear in e+cess of the a!ount
3ranted for that ser4ice and for that ear, cause to be laid before both the 5ouses of %arlia!ent
another state!ent sho&in3 the esti!ated a!ount of that e+penditure or cause to be presented to
the 5ouse of the %eople a de!and for such e+cess, as the case !a be.
(2) The pro4isions of articles 112, 113 and 112 shall ha4e effect in relation to an such state!ent
and e+penditure or de!and and also to an la& to be !ade authorisin3 the appropriation of
!ones out of the *onsolidated Fund of India to !eet such e+penditure or the 3rant in respect of
such de!and as the ha4e effect in relation to the annual financial state!ent and the e+penditure
!entioned therein or to a de!and for a 3rant and the la& to be !ade for the authorisation of
appropriation of !ones out of the *onsolidated Fund of India to !eet such e+penditure or 3rant.
115. >ote! on a&&o)nt( /ote! of &redit and e*&e.tiona# +rant!.- (1) 9ot&ithstandin3 anthin3
in the fore3oin3 pro4isions of this *hapter, the 5ouse of the %eople shall ha4e po&er-
(a) to !a'e an 3rant in ad4ance in respect of the esti!ated e+penditure for a part of an
financial ear pendin3 the co!pletion of the procedure prescribed in article 113 for the 4otin3 of
such 3rant and the passin3 of the la& in accordance &ith the pro4isions of article 112 in relation
to that e+penditure"
(b) to !a'e a 3rant for !eetin3 an une+pected de!and upon there sources of India &hen on
account of the !a3nitude or the indefinite character of the ser4ice the de!and cannot be stand
&ith the details ordinaril 3i4en in an annual financial state!ent"
; to !a'e an e+ceptional 3rant &hich for!s no part of the current ser4ice of an financial ear"
and %arlia!ent shall ha4e po&er to authorise b la& the &ithdra&al of !ones fro! the
*onsolidated Fund of India for the purposes for &hich the said 3rants are !ade.
(2) The pro4isions of articles 113 and 112 shall ha4e effect in relation to the !a'in3 of an 3rant
under clause (1) and to an la& to be !ade under that clause as the ha4e effect in relation to
the !a'in3 of a 3rant &ith re3ard to an e+penditure !entioned in the annual financial state!ent
and the la& to be !ade for the authorisation of appropriation of !ones out of the *onsolidated
Fund of India to !eet such e+penditure.
116. S.e&ia# .ro/i!ion! a! to finan&ia# @i##!.- (1) , Bill or a!end!ent !a'in3 pro4ision for an
of the !atters specified in sub-clauses (a) to (f) of clause (1) of article 111 shall not be introduced
or !o4ed e+cept on the reco!!endation of the %resident and a Bill !a'in3 such pro4ision shall
not be introduced in the *ouncil of States$
%ro4ided that no reco!!endation shall be re#uired under this clause for the !o4in3 of an
a!end!ent !a'in3 pro4ision for the reduction or abolition of an ta+.
(2) , Bill or a!end!ent shall not be dee!ed to !a'e pro4ision for an of the !atters aforesaid
b reason onl that it pro4ides for the i!position of fines or other pecuniar penalties, or for the
de!and or pa!ent of fees for licences or fees for ser4ices rendered, or b reason that it
pro4ides for the i!position, abolition, re!ission, alteration or re3ulation of an ta+ b an local
authorit or bod for local purposes.
(3) , Bill &hich, if enacted and brou3ht into operation, &ould in4ol4e e+penditure fro! the
consolidated Fund of India shall not be passed b either 5ouse of %arlia!ent unless the
%resident has reco!!ended to that 5ouse the consideration of the Bill.
Pro&ed)re ;enera##y
117. R)#e! of .ro&ed)re.- (1) 7ach 5ouse of %arlia!ent !a !a'e rules for re3ulations, subAect
to the pro4isions of this *onstitution, its procedure and the conduct of its business.
(2) Until rules are !ade under clause (1), the rules of procedure and standin3 orders in force
i!!ediatel before the co!!ence!ent of this *onstitution &ith respect to the 6e3islature of the
?o!inion of India shall ha4e effect in relation to %arlia!ent subAect to such !odifications and
adaptations as !a be !ade therein b the *hair!an of the *ouncil of States or the Spea'er of
the 5ouse of the %eople, as the case !a be.
(3) The %resident, after consultation &ith the *hair!an of the *ouncil of States and the Spea'er
of the 5ouse of the %eople, !a !a'e rules as to the procedure &ith respect to Aoint sittin3s of,
and co!!unications bet&een, the t&o 5ouses.
(2) ,t a Aoint sittin3 of the t&o 5ouses the Spea'er of the 5ouse of the %eople, or in his absence
such person as !a be deter!ined b rules of procedure !ade under clause (3), shall preside.
118. Re+)#ation "y #a$ of .ro&ed)re in Par#iament in re#ation to finan&ia# ")!ine!!.-
%arlia!ent !a, for the purpose of the ti!el co!pletion of financial business, re3ulate b la& the
procedure of, and the conduct of business in, each 5ouse of %arlia!ent in relation to an
financial !atter or to an Bill for the appropriation of !ones out of the consolidated Fund of
India, and, if and so far as an pro4ision of an la& so !ade is inconsistent &ith an rule !ade b
a 5ouse of %arlia!ent under clause (1) of ,rticle 11: or &ith an rule or standin3 order ha4in3
effect in relation to %arlia!ent under clause (2) of that article, such pro4ision shall pre4ail.
19. -an+)a+e to "e )!ed in Par#iament.- (1) 9ot&ithstandin3 anthin3 in %art HFII, but subAect
to the ,rticle 32:, business in %arlia!ent shall be transacted in 5indi or in 7n3lish$ %ro4ided that
the *hair!an of the *ouncil of States or Spea'er of the 5ouse of the %eople, or %erson actin3 as
such, as the *ase !a be, !a per!it an !e!ber &ho cannot ade#uatel e+press hi!self in
5indi or in 7n3lish to address the 5ouse in his !other ton3ue.
(2) Unless %arlia!ent b 6a& other&ise pro4ides, this article shall, after the e+piration of a period
of fifteen ears fro! the co!!ence!ent of this *onstitution, ha4e effect as if the &ords 8or in
7n3lish8 &ere o!itted therefro!.
11. Re!tri&tion on di!&)!!ion in Par#iament.- 9o discussions shall ta'e place in %arlia!ent
&ith respect to the conduct of an >ud3e of the Supre!e *ourt or of a 5i3h *ourt in the
dischar3e of his duties e+pect upon a !otion for presentin3 an address to the %resident prain3
for the re!o4al of the >ud3e as hereinafter pro4ided.
1. Co)rt! not to in0)ire into .ro&eedin+! of Par#iament.- (1) The 4alidit of an proceedin3s
in %arlia!ent shall not be called in #uestion on the 3round of an alle3ed irre3ularit of
procedure.
(2) 9o officer or !e!ber of %arlia!ent in &ho! po&ers are 4ested b or under this *onstitution
for re3ulatin3 procedure or the conduct of business, or for !aintainin3 order, in %arlia!ent shall
be subAect to the Aurisdiction of an court in respect of the e+ercise b hi! of those po&ers.
CHAPTER III -E;IS-ATI>E PO?ERS OF THE PRESIDENT
1'. Po$er of Pre!ident to .rom)#+ate Ordinan&e! d)rin+ re&e!! of Par#iament.- (1) If at
an ti!e, e+cept &hen both 5ouses of %arlia!ent are in session, the %resident is satisfied that
circu!stances e+ist &hich render it necessar for hi! to ta'e i!!ediate action, he !a
pro!ul3ate such Brdinance as the circu!stances appear to hi! to re#uire.
(2) ,n Brdinance pro!ul3ated under this article shall ha4e the sa!e force and effect as an ,ct of
%arlia!ent, but e4er such Brdinance-
(a) shall be laid before both 5ouse of %arlia!ent and shall cease to operate at the e+piration of
si+ &ee's fro! the reasse!ble of %arlia!ent, or, if before the e+piration of that period resolutions
disappro4in3 it are passed b both 5ouses, upon the passin3 of the second of those resolutions"
and
(b) !a be &ithdra&n at an ti!e b the %resident. 7+planation.- Dhere the 5ouses of
%arlia!ent are su!!oned to reasse!ble on different dates, the period of si+ &ee's shall be
rec'oned fro! the later of those dates for the purposes of this clause.
(3) If and so far as an Brdinance under this article !a'es an pro4ision &hich %arlia!ent &ould
not under this *onstitution be co!petent to enact, it shall be 4oid.
CHAPTER I>1 THE UNION CUDICIARY
1,. E!ta"#i!hment and &on!tit)tion of S).reme Co)rt.- (1) There shall be a Supre!e *ourt
of India constitutin3 of a *hief >ustice of India and, until %arlia!ent b la& prescribes a lar3er
nu!ber, of not !ore than se4en other >ud3es.
(2) 74er >ud3e of the Supre!e *ourt shall be appointed b the %resident b &arrant under his
hand and seal after consultation &ith such of the >ud3es of the Supre!e *ourt and of the 5i3h
*ourts in the States as the %resident !a dee! necessar for the purpose and shall hold office
until he attains the a3e of si+t-fi4e ears$
%ro4ided that in the case of appoint!ent of a >ud3e other than the chief >ustice, the chief >ustice
of India shall al&as be consulted$
(a) a >ud3e !a, b &ritin3 under his hand addressed to the %resident, resi3n his office"
(b) a >ud3e !a be re!o4ed ro! his office in the !anner pro4ided in clause (2).
2,. The a3e of a >ud3e of the Supre!e *ourt shall be deter!ined b such authorit and in such
!anner as %arlia!ent !a b la& pro4ide.
(3) , person shall not be #ualified for appoint!ent as a >ud3e of the Supre!e *ourt unless he is
a citi<en of India and-
(a) has been for at least fi4e ears a >ud3e of a 5i3h *ourt or of t&o or !ore such *ourts in
succession" or
(b) has been for at least ten ears an ad4ocate of a 5i3h *ourt or of t&o or !ore such *ourts in
succession" or
(c) is, in the opinion of the %resident, a distin3uished Aurist.
7+planation I.- In this clause 85i3h *ourt; !eans a 5i3h *ourt &hich e+ercises, or &hich at an
ti!e before the co!!ence!ent of this *onstitution e+ercised, Aurisdiction in an part of the
territor of India.
7+planation II.- In co!putin3 for the purpose of this clause the period durin3 &hich a person has
been an ad4ocate, an period durin3 &hich a person has held Audicial office not inferior to that of
a district Aud3e after he beca!e an ad4ocate shall be included.
(2) , >ud3e of the Supre!e *ourt shall not be re!o4ed fro! his office e+cept b an order of the
%resident passed after an address b each 5ouse of %arlia!ent supported b a !aAorit of the
total !e!bership of that 5ouse and b a !aAorit of not less than t&o-third of the !e!bers of the
5ouse present and 4otin3 has been presented to the %resident in the sa!e session for such
re!o4al on the 3round of pro4ed !isbeha4iour or incapacit.
(/) %arlia!ent !a b la& re3ulate the procedure for the presentation of an address and for the
in4esti3ation and proof of the !isbeha4iour or incapacit of a >ud3e under clause (2)$
(0) 74er person appointed to be a >ud3e of the Supre!e *ourt shall, before he enters upon his
office, !a'e and subscribe before the %resident, or so!e person appointed in that behalf b hi!,
an oath or affir!ation accordin3 to the for! set out for the purpose in the Third Schedule.
(.) 9o person &ho has held office as a >ud3e of the Supre!e *ourt shall plead or act in an
court or before an authorit &ithin the territor of India.
13. Sa#arie!( et&.( of C)d+e!.- (1) There shall be paid to the >ud3es of the Supre!e *ourt such
salaries as !a be deter!ined b %arlia!ent b la& and, until pro4ision in that behalf is so !ade,
such salaries as are specified in the Second Schedule.
(2) 74er >ud3e shall be entitled to such pri4ile3es and allo&ances and to such ri3hts in respect
of lea4e of absence and pension as !a fro! ti!e to ti!e be deter!ined b or under la& !ade
b %arlia!ent and, until so deter!ined, to such pri4ile3es, allo&ances and ri3hts as are specified
in the Second Schedule$
%ro4ided that neither the pri4ile3es nor the allo&ances of a >ud3e nor his ri3hts in respect of
lea4e of absence or pension shall be 4aried to his disad4anta3e after his appoint!ent.
15. A..ointment of a&tin+ Chief C)!ti&e.- Dhen the office of *hief >ustice of India is 4acant or
&hen the *hief >ustice is, b reason or absence or other&ise, unable to perfor! the duties of his
office, the duties of the office shall be perfor!ed b such one of the other >ud3es of the *ourt as
the %resident !a appoint for the purpose.
16. A..ointment of ad1ho& C)d+e!.- (1) If at an ti!e there should not be a #uoru! of the
>ud3es of the Supre!e *ourt a4ailable to hold or continue an session of the *ourt, the *hief
>ustice of India !a, &ith the pre4ious consent of the %resident and after consultation &ith the
*hief >ustice of the 5i3h *ourt concerned, re#uest in &ritin3 the attendance at the sittin3s of the
*ourt, as an ad hoc >ud3e, for such period as !a be necessar, of a >ud3e of a 5i3h *ourt dul
#ualified for appoint!ent as a >ud3e of the Supre!e *ourt to be desi3nated b the *hief >ustice
of India.
(2) It shall be the dut of the >ud3e &ho has been so desi3nated, in priorit to other duties of his
office, to attend the sittin3s of the Supre!e *ourt at the ti!e and for the period for &hich his
attendance is re#uired, and &hile so attendin3 he shall ha4e all the Aurisdiction, po&ers and
pri4ile3es, and shall dischar3e the duties, of a >ud3e of the Supre!e *ourt.
17. Attendan&e of retired C)d+e! at !ittin+! of the S).reme Co)rt.- 9ot&ithstandin3
anthin3 in this chapter, the *hief >ustice of India !a at an ti!e, &ith the pre4ious consent of
the president, re#uest an person &ho has held the office of a >ud3e of the Supre!e *ourt or of
the Federal *ourt or &ho has held the office of a >ud3e of a 5i3h *ourt and is dul #ualified for
appoint!ent as a >ud3e of the Supre!e *ourt to sit and act as a >ud3e of the Supre!e *ourt,
and e4er such person so re#uested shall, &hile so sittin3 and actin3, be entitled to such
allo&ances as the %resident !a b order deter!ine and ha4e all the Aurisdiction, po&ers and
pri4ile3es of, but shall not other&ise be dee!ed to be, a >ud3e of that *ourt$
%ro4ided that nothin3 in this article shall be dee!ed to re#uire an such person as aforesaid to sit
and act as a >ud3e of that *ourt unless he consents so to do.
18.S).reme Co)rt to "e a &o)rt of re&ord.- The Supre!e *ourt shall be a court of record and
shall ha4e all the po&ers of such a court includin3 the po&er to punish for conte!pt of itself.
1'9.Seat of S).reme Co)rt.- The Supre!e *ourt shall sit in ?elhi or in such other place or
places, as the *hief >ustice of India !a, &ith the appro4al of the %resident, fro! ti!e to ti!e,
appoint.
1'1.Ori+ina# A)ri!di&tion of the S).reme Co)rt.- SubAect to the pro4isions of this *onstitution,
the Supre!e *ourt shall, to the e+clusion of an other court, ha4e ori3inal Aurisdiction in an
dispute-
(a) bet&een the =o4ern!ent of India and one or !ore States" or
(b) bet&een the =o4ern!ent of India and an State or States on one side and one or !ore other
States on the other" or
; bet&een t&o or !ore States, if and in so far as the dispute in4ol4es an #uestion (&hether of
la& or fact) on &hich the e+istence or e+tent of a le3al ri3ht depends$
%ro4ided that the said Aurisdiction shall not e+tend to a dispute arisin3 out of an treat,
a3ree!ent, co4enant, en3a3e!ents, and or other si!ilar instru!ent &hich, ha4in3 been entered
into or e+ecuted before the co!!ence!ent of this *onstitution, continues in operation after such
co!!ence!ent, or &hich pro4ides that the said Aurisdiction shall not e+tend to such a dispute.
1'. A..e##ate A)ri!di&tion of S).reme Co)rt in a..ea#! from Hi+h Co)rt! in &ertain &a!e!.-
(1) ,n appeal shall lie to the Supre!e *ourt fro! an Aud3!ent, decree or final order of a 5i3h
*ourt in the territor of India, &hether in a ci4il, cri!inal or other proceedin3, if the 5i3h *ourt
certifies under ,rticle 132, that the case in4ol4es a substantial #uestion of la& as t the
interpretation of this *onstitution.
(2) B!itted.
(3) Dhere such a certificate is 3i4en, an part in the case !a appeal to the Supre!e *ourt on
the 3round that an such #uestion as aforesaid has been &ron3l decided.
7+planation.- For the purposes of this article, the e+pression 8final order8 includes an order
declarin3 an issue &hich, if decided in fa4our of the appellant, &ould be sufficient for the final
disposal of the case.
1''. A..e##ate A)ri!di&tion of S).reme Co)rt in a..ea#! from Hi+h Co)rt! in re+ard to &i/i#
matter!.- (1) ,n appeal shall lie to the Supre!e *ourt fro! an Aud3!ent, decree or final order in
a ci4il proceedin3 of a 5i3h *ourt in the territor of India if the 5i3h *ourt certifies under ,rticle
132,-
(a) that the case in4ol4es a substantial #uestion of la& of 3eneral i!portance" and
(b) that in the opinion of the 5i3h *ourt the said #uestion needs to be decided b the Supre!e
*ourt.
(2) 9ot&ithstandin3 anthin3 in ,rticle 132, an part appealin3 to the Supre!e *ourt under
clause (1) !a ur3e as one of the 3rounds in such appeal that a substantial #uestion of la& as to
the interpretation of this *onstitution has been &ron3l decided.
(3) 9ot&ithstandin3 anthin3 in this article, no appeal shall, unless %arlia!ent b la& other&ise
pro4ides, lie to the Supre!e *ourt fro! the Aud3!ent, decree or final order of one >ud3e of a
5i3h *ourt.
1',. A..e##ate A)ri!di&tion of S).reme Co)rt in re+ard to &rimina# matter!.- (1) ,n appeal
shall lie to the Supre!e *ourt fro! an Aud3!ent, final order or sentence in a cri!inal proceedin3
of a 5i3h *ourt in the territor of India if the 5i3h *ourt-has on appeal re4ersed an order of
ac#uittal of an accused person and sentenced hi! to death" or has &ithdra&n for trial before itself
an case fro! an court subordinate to its authorit and has in such trial con4icted the accused
person and sentenced hi! to death" or
; certifies under ,rticle 132, that the case is a fit one for appeal to the Supre!e *ourt$
%ro4ided that an appeal under sub-clause ; shall lie subAect to such pro4isions as !a be !ade
in that behalf under clause (1) of ,rticle 12/ and to such conditions as the 5i3h *ourt !a
establish or re#uire.
(2) %arlia!ent !a b la& confer on the Supre!e *ourt an further po&ers to entertain and hear
appeals fro! an Aud3!ent, final order or sentence in a cri!inal proceedin3 of a 5i3h *ourt in the
territor of India subAect to such conditions and li!itations as !a be specified in such la&.
1',A. Certifi&ate for a..ea# to the S).reme Co)rt.- 74er 5i3h *ourt, passin3 or !a'in3 a
Aud3!ent, decree, final order, or sentence, referred to in clause (1) of ,rticle 132 or clause (1) of
,rticle 133, or clause (1) of ,rticle 132-
(a) !a, if it dee!s fit so to do, on its o&n !otion" and
(b) shall, if an oral application is !ade, b or on behalf of the part a33rie4ed, i!!ediatel after
the passin3 or !a'in3 of such Aud3!ent, decree, final order or sentence, deter!ine, as soon as
!a be after such passin3 or !a'in3, the #uestion &hether a certificate of the nature referred to
in clause (1) of ,rticle 132, or clause (1) of ,rticle 133 or, as the case !a be, sub-clause ; of
clause (1) of ,rticle 132, !a be 3i4en in respect of that case.
1'3.C)ri!di&tion and .o$er! of the Federa# Co)rt )nder e*i!tin+ #a$ to "e e*er&i!a"#e "y
the S).reme Co)rt.- Until %arlia!ent b la& other&ise pro4ides, the Supre!e *ourt shall also
ha4e Aurisdiction and po&ers &ith respect to an !atter to &hich the pro4isions of ,rticle 133 or
,rticle 132 do not appl if Aurisdiction and po&ers in relation to that !atter &ere e+ercisable b
the Federal *ourt i!!ediatel before the co!!ence!ent of this *onstitution under an e+istin3
la&.

CHAPTER I>1 THE UNION CUDICIARY
1'5.S.e&ia# #ea/e to a..ea# "y the S).reme Co)rt.- (1) 9ot&ithstandin3 anthin3 in this
*hapter, the Supre!e *ourt !a, in its discretion, 3rant special lea4e to appeal fro! an
Aud3!ent, decree, deter!ination, sentence or order in an cause or !atter passed or !ade b
an court or tribunal in the territor of India.
(2) 9othin3 in clause (1) shall appl to an Aud3!ent, deter!ination, sentence or order passed or
!ade b an court or tribunal constituted b or under an la& relatin3 to the ,r!ed Forces.
1'6.Re/ie$ of A)d+ment! or order! "y the S).reme Co)rt.- SubAect to the pro4isions of an
la& !ade b %arlia!ent or an rules !ade under ,rticle 12/, the Supre!e *ourt shall ha4e
po&er to re4ie& an Aud3!ent pronounced or order !ade b it.
1'7.En#ar+ement of the A)ri!di&tion of the S).reme Co)rt.- (1) The Supre!e *ourt shall ha4e
such further Aurisdiction and po&ers &ith respect to an of the !atters in the Union 6ist as
%arlia!ent !a b la& confer.
(2) The Supre!e *ourt shall ha4e such further Aurisdiction, and po&ers &ith respect to an !atter
as the =o4ern!ent of India and the =o4ern!ent of an State !a b special a3ree!ent confer, if
%arlia!ent b la& pro4ides for the e+ercise of such Aurisdiction and po&ers b the Supre!e
*ourt.
1'8.Conferment on the S).reme Co)rt of .o$er! to i!!)e &ertain $rit!.- %arlia!ent !a b
la& confer on the Supre!e *ourt po&er to issue directions, orders or &rits, includin3 &rits in the
nature of habeas corpus, !anda!us, prohibition, #uo &arranto and certiorari, or an of the!, for
an purposes other than those !entioned in clause (2) of ,rticle 32.
1'8A.Tran!fer of &ertain &a!e!.- (1) Dhere cases in4ol4in3 the sa!e or substantiall the sa!e
#uestions of la& are pendin3 before the Supre!e *ourt and one or !ore 5i3h *ourts or before
t&o or !ore 5i3h *ourts and the Supre!e *ourt is satisfied on its o&n !otion or an application
!ade b the ,ttorne =eneral of India or b a part to an such case that such #uestions are
substantial #uestions of 3eneral i!portance, the Supre!e *ourt !a &ithdra& the case or cases
pendin3 before the 5i3h *ourt or the 5i3h *ourts and dispose of all the cases itself$
%ro4ided that the Supre!e *ourt !a after deter!inin3 the said #uestions of la& return an case
so &ithdra&n to3ether &ith a cop of its Aud3!ent on such #uestions to the 5i3h *ourt fro! &hich
the case has been &ithdra&n, and the 5i3h *ourt shall on receipt thereof, proceed to dispose of
the case in confor!it &ith such Aud3!ent.
(2) The Supre!e *ourt !a, if it dee!s it e+pedient so to do for the ends of Austice, transfer an
case, appeal or other proceedin3s pendin3 before an 5i3h *ourt to an other 5i3h *ourt.
1,9.An&i##ary .o$er! of S).reme Co)rt.- %arlia!ent !a b la& !a'e pro4ision for conferrin3
upon the Supre!e *ourt such supple!ental po&ers not inconsistent &ith an of the pro4isions of
this *onstitution as !a appear to be necessar or desirable for the purpose of enablin3 the
*ourt !ore effecti4el to e+ercise the Aurisdiction conferred upon it b or under this *onstitution.
1,1.-a$ de&#ared "y S).reme Co)rt to "e "indin+ on a## &o)rt!.- The la& declared b the
Supre!e *ourt shall be bindin3 on all courts &ithin the territor of India.
1,.Enfor&ement of de&ree! and order! of S).reme Co)rt and )n#e!! a! to di!&o/ery( et&.-
(1) The Supre!e *ourt in the e+ercise of its Aurisdiction !a pass such decree or !a'e such
order as is necessar for doin3 co!plete Austice in an cause or !atter pendin3 before it, and an
decree so passed or orders so !ade shall be enforceable throu3hout the territor of India in such
!anner as !a be prescribed b or under an la& !ade b %arlia!ent and, until pro4ision in that
behalf is so !ade, in such !anner as the %resident !a b order prescribe.
(2) SubAect to the pro4isions of an la& !ade in this behalf b %arlia!ent, the Supre!e *ourt
shall, as respects the &hole of the territor of India, ha4e all and e4er po&er to !a'e an order
for the purpose of securin3 the attendance of an person, the disco4er or production of an
docu!ents, or the in4esti3ation or punish!ent of an conte!pt of itself.
1,'.Po$er of Pre!ident to &on!)#t S).reme Co)rt.- (1) If at an ti!e it appears to the
%resident that a #uestion of la& or fact has arisen, or is li'el to arise, &hich is of such a nature
and of such public i!portance that it is e+pedient to obtain the opinion of the Supre!e *ourt
upon it, he !a refer the #uestion to that *ourt for consideration and the *ourt !a, after such
hearin3 as it thin's fit, report to the %resident its opinion thereon.
(2) The %resident !a, not&ithstandin3 anthin3 in the pro4iso to ,rticle 131, refer a dispute of
the 'ind !entioned in the said pro4iso to the Supre!e *ourt for opinion and the Supre!e *ourt
shall, after such hearin3 as it thin's fit, report to the %resident its opinion thereon.
1,,.Ci/i# and A)di&ia# a)thoritie! to a&t in aid of the S).reme Co)rt.- ,ll authorities, ci4il and
Audicial, in the territor of India shall act in aid of the Supre!e *ourt.
1,3.R)#e! of Co)rt( et&.- (1) SubAect to the pro4isions of an la& !ade b %arlia!ent the
Supre!e *ourt !a fro! ti!e to ti!e, &ith the appro4al of the %resident, !a'e rules for
re3ulatin3 3enerall the practice and procedure of the *ourt includin3-
(a) rules as to the persons practisin3 before the *ourt,
(b) rules as to the procedure for hearin3 appeals, and other !atters pertainin3 to appeals
includin3 the ti!e &ithin &hich appeals to the *ourt are to be entered"
; rules as to the proceedin3s in the *ourt for the enforce!ent of an of the ri3hts conferred b
%art III"
(cc) rules as to the proceedin3s in the *ourt under ,rticle 13-,"
(d) rules as to the entertain!ent of appeals under sub-clause ; of clause (1) of ,rticle 132"
(e) an Aud3!ent pronounced or order !ade b the *ourt !a be recei4ed and rules as to the
conditions the procedure for such re4ie& includin3 the ti!e &ithin &hich applications to the *ourt
for such re4ie& are to be entered"
(f) rules as to the costs of and incidental to an proceedin3s in the *ourt and as to the fees to be
char3ed in respect of proceedin3 therein"
(3) rules as to the 3rantin3 of bail"
(h) rules as to sta of proceedin3s"
(i) rules pro4idin3 for the su!!ar deter!ination of an appeal &hich appears to the *ourt to be
fri4olous or 4e+atious or brou3ht for the purpose of dela"
(A) rules as to the procedure for in#uiries referred to in clause (1) of ,rticle 31..
(2) SubAect to the pro4isions of clause (3), rules !ade under this article !a fi+ the !ini!u!
nu!ber of >ud3es &ho are to sit for an purpose, and !a pro4ide for the po&ers of sin3le
>ud3es and ?i4ision *ourts.
(3) The !ini!u! nu!ber of >ud3es &ho are to sit for the purpose of decidin3 an case in4ol4in3
a substantial #uestion of la& as to the interpretation of this *onstitution or for the purpose of
hearin3 an reference under ,rticle 123 shall be fi4e$
%ro4ided that, &here the *ourt hearin3 an appeal under an of the pro4isions of this chapter
other than ,rticle 132 consists of less than fi4e >ud3es and in the course of the hearin3 of the
appeal the *ourt is satisfied that the appeal in4ol4es a substantial #uestion of la& as to the
interpretation of this *onstitution the deter!ination of &hich is necessar for the disposal of the
appeal, such *ourt shall refer the #uestion for opinion to a *ourt constituted as re#uired b this
clause for the purpose of decidin3 an case in4ol4in3 such a #uestion and shall on receipt of the
opinion dispose of the appeal in confor!it &ith such opinion.
(2) 9o Aud3!ent shall be deli4ered b the Supre!e *ourt sa4e in open *ourt, and no report shall
be !ade under ,rticle 123 sa4e in accordance &ith an opinion also deli4ered in open *ourt.
(/) 9o Aud3!ent and no such opinion shall be deli4ered b the Supre!e *ourt sa4e &ith the
concurrence of a !aAorit of the >ud3es present at the hearin3 of the case, but nothin3 in this
clause shall be dee!ed to pre4ent a >ud3e &ho does not concur fro! deli4erin3 a dissentin3
Aud3!ent or opinion.
1,5.Offi&er! and !er/ant! and the e*.en!e! of the S).reme Co)rt.- (1) ,ppoint!ents of
officers and ser4ants of the Supre!e *ourt shall be !ade b the *hief >ustice of India or such
other >ud3e or officer of the *ourt as he !a direct$
%ro4ided that the %resident !a b rule re#uire that in such cases as !a be specified in the
rule, no person not alread attached to the *ourt shall be appointed to an office connected &ith
the *ourt, sa4e after consultation &ith the Union %ublic Ser4ice *o!!ission.
(2) SubAect to the pro4isions of an la& !ade b %arlia!ent, the conditions of ser4ice of officers
and ser4ants of the Supre!e *ourt shall be such as !a be prescribed b rules !ade b the
*hief >ustice of India or b so!e other >ud3e or officer of the *ourt authorised b the *hief
>ustice of India to !a'e rules for the purpose$
%ro4ided that the rules !ade under this clause shall, so far as the relate to salaries, allo&ances,
lea4e or pensions, re#uire the appro4al of the %resident.
(3) The ad!inistrati4e e+penses of the Supre!e *ourt, includin3 all salaries, allo&ances and
pensions paable to or in respect of the offices and ser4ants of the *ourt, shall be char3ed upon
the *onsolidated Fund of India, and an fees or other !ones ta'en b the court shall for! part
of that Fund.
1,6.Inter.retation.- In this *hapter and in *hapter F of %art FI references to an substantial
#uestion of la& as to the interpretation of this *onstitution shall be construed as includin3
references to an substantial #uestion of la& as to the interpretation of the =o4ern!ent of India
,ct, 1-3/ (includin3 an enact!ent a!endin3 or supple!entin3 that ,ct), or of an Brder in
*ouncil or order !ade thereunder, or of the Indian Independence ,ct, 1-2., or of an order !ade
thereunder.
CHAPTER >
CO:PTRO--ER AND AUDITOR1;ENERA- OF INDIA
1,7.Com.tro##er and A)ditor1;enera# of India.- (1) There shall be a *o!ptroller and ,uditor-
=eneral of India &ho shall be appointed b the %resident b &arrant under his hand and seal and
shall onl be re!o4ed fro! office in li'e !anner and on the li'e 3rounds as a >ud3e of the
Supre!e *ourt.
(2) 74er person appointed to be the *o!ptroller and ,uditor-=eneral of India shall, before he
enters upon his office, !a'e and subscribe before the %resident, or so!e person appointed in
that behalf b hi!, an oath or affir!ation accordin3 to the for! set out for the purpose in the Third
Schedule.
(3) The salar and other conditions of ser4ice of the *o!ptroller and ,uditor-=eneral shall be
such as !a be deter!ined b %arlia!ent b la& and, until the are so deter!ined, shall be as
specified in the Second Schedule$
%ro4ided that neither the salar of a *o!ptroller and ,uditor-=eneral nor his ri3hts in respect of
lea4e of absence, pension or a3e of retire!ent shall be 4aried to his disad4anta3e after his
appoint!ent.
(2) The *o!ptroller and ,uditor-=eneral shall not be eli3ible for further office either under the
=o4ern!ent of India or under the =o4ern!ent of an State after he has ceased to hold his
office.
(/) SubAect to the pro4isions of this *onstitution and of an la& !ade b %arlia!ent, the
conditions of ser4ice of persons ser4in3 in the Indian ,udit and ,ccounts ?epart!ent and the
ad!inistrati4e po&ers of the *o!ptroller and ,uditor-=eneral shall be such as !a be prescribed
b rules !ade b the %resident after consultation &ith the *o!ptroller and ,uditor-=eneral.
(0) The ,d!inistrati4e e+penses of the office of the *o!ptroller and ,uditor-=eneral, includin3 all
salaries, allo&ances and pensions paable to or in respect of pensions ser4in3 in that office, shall
be char3ed upon the *onsolidated Fund of India.
1,8.D)tie! and .o$er! of the Com.tro##er and A)ditor1 ;enera#.- The *o!ptroller and
,uditor-=eneral shall perfor! such duties and e+ercise such po&ers in relation to the accounts of
the Union and of the States and of an other authorit or bod as !a be prescribed b or under
an la& !ade b %arlia!ent and, until pro4ision in that behalf is so !ade, shall perfor! such
duties and e+ercise such po&ers in relation to the accounts of the Union and of the States as
&ere conferred on or e+ercisable b the ,uditor-=eneral of India i!!ediatel before the
co!!ence!ent of this *onstitution in relation to the accounts of the ?o!inion of India and of the
%ro4inces respecti4el.
139. Form of a&&o)nt! of the Union and of the State!.- The accounts of the Union and of the
States shall be 'ept in such for! as the %resident !a, on the ad4ice of the *o!ptroller and
,uditor-=eneral of India, prescribe.
131.A)dit re.ort!.- (1) The reports of the *o!ptroller and ,uditor-=eneral of India relatin3 to the
accounts of the Union shall be sub!itted to the %resident, &ho shall cause the! to be laid before
each 5ouse of %arlia!ent.
(2) The reports of the *o!ptroller and ,uditor-=eneral of India relatin3 to the accounts of a State
shall be sub!itted to the =o4ernor of the State, &ho shall cause the! to be laid before the
6e3islature of the State.
PART >I1THE STATES
CHAPTER I1;ENERA-
13.Definition.- In this %art, unless the conte+t other&ise, re#uires, the e+pression 8State8 does
not include the State of >a!!u and Eash!ir.

CHAPTER II1THE E=ECUTI>E
The =o4ernor
13'.;o/ernor! of State!.- There shall be =o4ernor for each State$
%ro4ided that nothin3 in this article shall pre4ent the appoint!ent of the sa!e person as
=o4ernor for t&o or !ore States.
13,.E*e&)ti/e .o$er of State.- (1) The e+ecuti4e po&er of the State shall be 4ested in the
=o4ernor and shall be e+ercised b hi! either directl or throu3h officers subordinate to hi! in
accordance &ith this *onstitution.
(2) 9othin3 in this article shall-
(a) be dee!ed to transfer to the =o4ernor an functions conferred b an e+istin3 la& on an
other authorit" or
(b) pre4ent %arlia!ent or the 6e3islature of the State fro! conferrin3 b la& functions on an
authorit subordinate to the =o4ernor.
133.A..ointment of ;o/ernor.- The =o4ernor of a State shall be appointed b the %resident b
&arrant under his hand and seal.
135.Term of offi&e of ;o/ernor.- (1) The =o4ernor shall hold office durin3 the pleasure of the
%resident.
(2) The =o4ernor !a, b &ritin3 under his hand addressed to the %resident, resi3n his office.
(3) SubAect to the fore3oin3 pro4isions of this article, a =o4ernor shall hold for a ter! of fi4e ears
fro! the date on &hich he enters upon his office.
(2) %ro4ided that a =o4ernor shall, not&ithstandin3 the e+piration of his ter!, continue to hold
office until his successor enters upon his office.
136.<)a#ifi&ation! for a..ointment a! ;o/ernor.- 9o person shall be eli3ible for appoint!ent
as =o4ernor unless he is a citi<en of India and has co!pleted the a3e of thirt-fi4e ears.
137.Condition! of ;o/ernorB offi&e.- (1) The =o4ernor shall not be a !e!ber of either 5ouse
of %arlia!ent or of a 5ouse of the 6e3islature of an State specified in the First Schedule, and if a
!e!ber of either 5ouse of %arlia!ent or of a 5ouse of the 6e3islature of an such State be
appointed =o4ernor, he shall be dee!ed to ha4e 4acated his seat in that 5ouse on the date on
&hich he enters upon his office as =o4ernor.
(2) The =o4ernor shall not hold an other office of profit.
(3) The =o4ernor shall be entitled &ithout pa!ent of rent to the use of his official residences and
shall be also entitled to such e!olu!ents, allo&ances and pri4ile3es as !a be deter!ined b
%arlia!ent b la& and, until pro4ision in that behalf is so !ade, such e!olu!ents, allo&ances
and pri4ile3es as are specified in Second Schedule.
(3,) Dhere the sa!e person is appointed as =o4ernor of t&o or !ore States, the e!olu!ents
and allo&ances paable to the =o4ernor shall be allocated a!on3 the States in such proportion
as the %resident !a b order deter!ine.
(2) The e!olu!ents and allo&ances of the =o4ernor shall not be di!inished durin3 his ter! of
office.
138. Oath or affirmation "y ;o/ernor.- 74er =o4ernor and e4er person dischar3in3 the
functions of the =o4ernor shall, before enterin3 upon his office, !a'e and subscribe in the
presence of the chief >ustice of the 5i3h *ourt e+ercisin3 Aurisdiction in relation to the State, or, in
his absence, the senior !ost >ud3e of that court a4ailable, an oath or affir!ation in the follo&in3
for!, that is to sa-s&ear in the na!e of =od 8I, ,.B., do ------------------------ that I sole!nl affir!
&ill faithfull e+ecute the office of =o4ernor (or dischar3e the functions of the =o4ernor) of .........
(na!e of the State) and &ill to the best of ! abilit preser4e, protect and defend the *onstitution
and the la& and that I &ill de4ote !self to the ser4ice and &ell-bein3 of the people of ....... (na!e
of the State).8
159.Di!&har+e of the f)n&tion! of the ;o/ernor in &ertain &ontin+en&ie!.- The %resident
!a !a'e such pro4ision as he thin's fit for the dischar3e of the functions of the =o4ernor of a
State in an contin3enc not pro4ided for in this *hapter.
151.Po$er of ;o/ernor to +rant .ardon!( et&.( and to !)!.end( remit or &omm)te
!enten&e! in &ertain &a!e!.- The =o4ernor of a State shall ha4e the po&er to 3rant pardons,
reprie4es, respites or re!issions of punish!ent or to suspend, re!it or co!!ute the sentence of
an person con4icted of an offence a3ainst an la& relatin3 to a !atter to &hich the e+ecuti4e
po&er of the State e+tends.
15.E*tent of e*e&)ti/e .o$er of State.- SubAect to the pro4isions of this *onstitution, the
e+ecuti4e po&er of a State shall e+tend to the !atters &ith respect to &hich the 6e3islature of the
State has po&er to !a'e la&s.
%ro4ided that in an !atter &ith respect to &hich the 6e3islature of a State and %arlia!ent ha4e
po&er to !a'e la&s, the e+ecuti4e po&er of the State shall be subAect to, and li!ited b, the
e+ecuti4e po&er e+pressl conferred b the *onstitution or b an la& !ade b %arlia!ent upon
the Union or authorities thereof.
Co)n&i# of :ini!ter!
15'.Co)n&i# of :ini!ter! to aid and ad/i!e ;o/ernor.- (1) There shall be a council of @inisters
&ith the chief @inister at the head to aid and ad4ise the =o4ernor in the e+ercise of his functions,
e+cept in so far as he is b or under this constitution re#uired to e+ercise his functions or an of
the! in his discretion.
(2) If an #uestion arises &hether an !atter is or is not a !atter as respects &hich the =o4ernor
is b or under this *onstitution re#uired to act in his discretion, the decision of the =o4ernor in his
discretion shall be final, and the 4alidit of anthin3 done b the =o4ernor shall not be called in
#uestion on the 3round that he ou3ht or ou3ht not to ha4e acted in his discretion.
(3) The #uestion &hether an, and if so &hat, ad4ice &as tendered b @inisters to the =o4ernor
shall not be in#uired into in an court.
15,.Other .ro/i!ion! a! to :ini!ter!.- (1) The chief @inister shall be appointed b the
=o4ernor and the other @inisters shall be appointed b the =o4ernor on the ad4ice of the *hief
@inister, and the @inisters shall hold office durin3 the pleasure of the =o4ernor$
%ro4ided that in the State of Bihar, @adha %radesh and Brissa, there shall be a @inister in
char3e of tribal &elfare &ho !a in addition be in char3e of the &elfare of the Scheduled *astes
and bac'&ard classes or an other &or'.
(2) The *ouncil of @inisters shall be collecti4el responsible to the 6e3islati4e ,sse!bl of the
State.
(3) Before a @inister enters upon his office, the =o4ernor shall ad!inister so hi! the oaths of
office and of secrec accordin3 to the for!s set out for the purpose in the Third Schedule.
(2) , @inister &ho for an period of si+ consecuti4e !onths is not a !e!ber of the 6e3islature of
the State shall at the e+piration of that period cease to be a @inister.
(/) The salaries and allo&ances of @inisters shall be such as the 6e3islature of the State !a
fro! ti!e to ti!e b la& deter!ine and, until the 6e3islature of the State so deter!ines, shall be
as specified in the Second Schedule.
The Ad/o&ate1;enera# for the State
153.Ad/o&ate1;enera# for the State.- (1) The =o4ernor of each State shall appoint a person
&ho is #ualified to be appointed a >ud3e of a 5i3h *ourt to be ,d4ocate-=eneral for the State.
(2) It shall be the dut of the ,d4ocate-=eneral to 3i4e ad4ice to the =o4ern!ent of the State
upon such le3al !atters, and to perfor! such other duties of a le3al character, as !a fro! ti!e
to ti!e be referred or assi3ned to hi! b the =o4ernor, and to dischar3e the functions conferred
on hi! b or under this *onstitution or an other la& for the ti!e bein3 in force.
(3) The ,d4ocate-=eneral shall hold office durin3 the pleasure of the =o4ernor, and shall recei4e
such re!uneration as the =o4ernor !a deter!ine.
Cond)&t of ;o/ernment @)!ine!!
155. Cond)&t of ")!ine!! of the ;o/ernment of a State.- (1) ,ll e+ecuti4e action of the
=o4ern!ent of a State shall be e+pressed to be ta'en in the na!e of the =o4ernor.
(2) Brders and other instru!ents !ade and e+ecuted in the na!e of the =o4ernor shall be
authenticated in such !anner as !a be specified in rules to be !ade b the =o4ernor, and the
4alidit of an order on instruction &hich is so authenticated shall not be called in #uestion on the
3round that it is not an order or instru!ent !ade or e+ecuted b the =o4ernor.
(3) The =o4ernor shall !a'e rules for the !ore con4enient transaction of the business of the
=o4ern!ent of the State, and for the allocation a!on3 @inisters of the said business in so far as
it is not business &ith respect to &hich the =o4ernor is b or under this *onstitution re#uired to
act in his discretion.
156.D)tie! of Chief :ini!ter a! re!.e&t! the f)rni!hin+ of information to ;o/ernor( et&.- It
shall be the dut of the *hief @inister of each State-
(a) to co!!unicate to the =o4ernor of the State all decisions of the council of @inisters relatin3 to
the ad!inistration of the affairs of the State and proposals for le3islation"
(b) to furnish such infor!ation relatin3 to the ad!inistration of the affairs of the State and
proposals for le3islation as the =o4ernor !a call for" and
; if the =o4ernor so re#uires, to sub!it for the consideration of the *ouncil of @inisters an
!atter on &hich a decision has been ta'en b a @inister but &hich has not been considered b
the *ouncil.

CHAPTER III1 THE STATE -E;IS-ATURE
;enera#
157.Con!tit)tion of -e+i!#at)re! in State!.- (1) For e4er State there shall be a 6e3islature
&hich shall consist of the =o4ernor, and
(a) in the States of Bihar, @adha %radesh, @aharashtra, Earnata'a and Uttar %radesh, t&o
houses$
(b) in other States, one 5ouse.
(2) Dhere there are t&o 5ouses of the 6e3islature of a State, one shall be 'no&n as the
6e3islati4e *ouncil and the other as the 6e3islati4e ,sse!bl, and &here there is onl one
5ouse, it shall be 'no&n as the 6e3islati4e ,sse!bl.
158.A"o#ition or &reation of -e+i!#ati/e Co)n&i#! in State!.- (1) 9ot&ithstandin3 anthin3 in
,rticle 10:, %arlia!ent !a b la& pro4ide for the abolition of the 6e3islati4e *ouncil of a State
ha4in3 such a *ouncil or for the creation of such a *ouncil in a State ha4in3 no such *ouncil, if
the 6e3islati4e ,sse!bl of the State passes a resolution to that effect b a !aAorit of the total
!e!bership of the ,sse!bl and b a !aAorit of not less than t&o-thirds of the !e!bers of the
,sse!bl present and 4otin3.
(2) ,n la& referred to in clause (1) shall contain such pro4isions for the a!end!ent of this
*onstitution as !a be necessar to 3i4e effect to the pro4isions of the la& and !a also contain
such supple!ental, incidental and conse#uential pro4isions as %arlia!ent !a dee! necessar.
(3) 9o such la& as aforesaid shall be dee!ed to be an a!end!ent of this *onstitution for the
purposes of ,rticle 30:.
169.Com.o!ition of the -e+i!#ati/e A!!em"#ie!.- (1) SubAect to the pro4isions of ,rticle 333,
the 6e3islati4e ,sse!bl of each State shall consist of not !ore than fi4e hundred, and not less
than si+t, !e!bers chosen b direct election fro! territorial constituencies in the State.
(2) For the purposes of clause (1), each State shall be di4ided into territorial constituencies in
such !anner that the ratio bet&een the population of each constituenc and the nu!ber of seats
allotted to it shall, so far as practicable, be the sa!e throu3hout the State.
7+planation.- In this clause, the e+pression 8population8 !eans the population as ascertained at
the last precedin3 census of &hich the rele4ant fi3ures ha4e been published$
%ro4ided that the reference in this 7+planation to the last precedin3 census of &hich the rele4ant
fi3ures ha4e been published shall, until the rele4ant fi3ures for the first census ta'en after the
ear 2111 ha4e been published, be construed as a reference to the 1-.1 census.
(3) Upon the co!pletion of each census, the total nu!ber of seats in the 6e3islati4e ,sse!bl of
each State and the di4ision of each State into territorial constituencies shall be readAusted b
such authorit and in such !anner as %arlia!ent !a b la& deter!ine$
%ro4ided that such readAust!ent shall not affect representation in the 6e3islati4e ,sse!bl until
the dissolution of the then e+istin3 ,sse!bl$ %ro4ided further that such readAust!ent shall ta'e
effect fro! such date as the %resident !a, b order, specif and until such readAust!ent ta'es
effect, an election to the 6e3islati4e ,sse!bl !a be held on the basis of the territorial
constituencies e+istin3 before such readAust!ent$ %ro4ided also that until the rele4ant fi3ures for
the first census ta'en after the ear 2111 ha4e been published, it shall not be necessar to
readAust the total nu!ber of seats in the 6e3islati4e ,sse!bl of each State and the di4ision of
such State into territorial constituencies under this clause.
161.Com.o!ition of the -e+i!#ati/e Co)n&i#!.- (1) The total nu!ber of !e!bers in the
6e3islati4e *ouncil of a State ha4in3 such a *ouncil shall not e+ceed one-third of the total
nu!ber of !e!bers in the 6e3islati4e ,sse!bl of that State$
%ro4ided that the total nu!ber of !e!bers in the 6e3islati4e *ouncil of a State shall in no case
be less than fort.
(2) Until %arlia!ent b la& other&ise pro4ides, the co!position of the 6e3islati4e *ouncil of a
State shall be as pro4ided in clause (3).
(3) Bf the total nu!ber of !e!bers of the 6e3islati4e council of a State-
(a) as nearl as !a be, one-third shall be elected b electorates consistin3 of !e!bers of
!unicipalities, district boards and such other local authorities in the State as %arlia!ent !a b
la& specif"
(b) as nearl as !a be, one-t&elfth shall be elected b electorates consistin3 of persons residin3
in the State &ho ha4e been for at least three ears 3raduates of an uni4ersit in the territor of
India or ha4e been for at least three ears in possession of #ualifications prescribed b or under
an la& !ade b %arlia!ent as e#ui4alent to that of a 3raduate of an such uni4ersit"
; as nearl as !a be, one-t&elfth shall be elected b electorates consistin3 of persons &ho ha4e
been for at least three ears en3a3ed in teachin3 in such educational institutions &ithin the State,
not lo&er in standard than that of a secondar school, as !a be prescribed b or under an la&
!ade b %arlia!ent"
(d) as nearl as !a be, one-third shall be elected b the !e!bers of the 6e3islati4e ,sse!bl of
the State fro! a!on3st persons &ho are not !e!bers of the ,sse!bl"
(e) the re!ainder shall be no!inated b the =o4ernor in accordance &ith the pro4isions of clause
(/).
(2) The !e!bers to be elected under sub-clauses (a), (b) and c) of clause (3) shall be chosen in
such territorial constituencies as !a be prescribed b or under an la& !ade b %arlia!ent, and
the election under the said sub-clauses and under sub-clause (d) of the said clause shall be held
in accordance &ith the sste! of proportional representation b !eans of the sin3le transferable
4ote.
(/) The !e!bers to be no!inated b the =o4ernor under sub-clause (e) of clause (3) shall
consist of persons ha4in3 special 'no&led3e or practical e+perience in respect of such !atters as
the follo&in3, na!el$- 6iterature, science, art, co-operati4e !o4e!ent and social ser4ice.
16.D)ration of State -e+i!#at)re!.- (1) 74er 6e3islati4e ,sse!bl of e4er State, unless
sooner dissol4ed, shall continue for fi4e ears fro! the date appointed for its first !eetin3 and no
lon3er and the e+piration of the said period of fi4e ears shall operate as a dissolution of the
,sse!bl$
%ro4ided that the said period !a, &hile a %rocla!ation of 7!er3enc is in operation, be
e+tended b %arlia!ent b la& for a period not e+ceedin3 one ear at a ti!e and not e+tendin3 in
an case beond a period of si+ !onths after the %rocla!ation has ceased to operate.
16'.<)a#ifi&ation for mem"er!hi. of the State -e+i!#at)re.- , person shall not be #ualified to
be chosen to fill a seat in the 6e3islature of a State unless he -
(a) is a citi<en of India, and !a'es and subscribes before so!e person authorised in that behalf
b the 7lection *o!!ission an oath or affir!ation accordin3 to the for! set out for the purpose in
the Third Schedule"
(b) is, in the case of a seat in the 6e3islati4e ,sse!bl, not less than t&ent-fi4e ears of a3e and
in the case of a seat in the 6e3islati4e *ouncil, not less than thirt ears of a3e" and
; possesses such other #ualifications as !a be prescribed in that behalf b or under an la&
!ade b %arlia!ent.
16,.Se!!ion! of the State -e+i!#at)re( .roro+ation and di!!o#)tion.- (1) The =o4ernor shall
fro! ti!e to ti!e su!!on the 5ouse or each 5ouse of the 6e3islature of the State to !eet at
such ti!e and place as he thin's fit, but si+ !onths shall not inter4ene bet&een its last sittin3 in
one session and the date appointed for its first sittin3 in the ne+t session.
(2) The =o4ernor !a fro! ti!e to ti!e-
(a) %roro3ue the 5ouse or either 5ouse"
(b) dissol4e the 6e3islati4e ,sse!bl.
163.Ri+ht of ;o/ernor to addre!! and !end me!!a+e! to the Ho)!e or Ho)!e!.- (1) The
=o4ernor !a address the 6e3islati4e ,sse!bl or, in the case of a State ha4in3 a 6e3islati4e
*ouncil, either 5ouse of the 6e3islature of the State, or both 5ouses asse!bled to3ether, and
!a for that purpose re#uire the attendance of !e!bers.
(2) The =o4ernor !a sent !essa3es to the 5ouse or 5ouses of the 6e3islature of the State,
&hether &ith respect to a Bill then pendin3 in the 6e3islature or other&ise, and a 5ouse to &hich
an !essa3e is so sent shall &ith all con4enient dispatch consider an !atter re#uired b the
!essa3e to be ta'en into consideration.
165.S.e&ia# addre!! "y the ;o/ernor.- (1) ,t the co!!ence!ent of the first session after each
3eneral election to the 6e3islati4e ,sse!bl and at the co!!ence!ent of the first session of
each ear, the =o4ernor shall address the 6e3islati4e ,sse!bl or, in the case of a State ha4in3
a 6e3islati4e *ouncil, both 5ouse asse!bled to3ether and infor! the 6e3islature of the causes of
its su!!ons.
(2) %ro4ision shall be !ade b the rules re3ulatin3 the procedure of the 5ouse or either 5ouse for
the allot!ent of ti!e for discussion of the !atters referred to in such address.
166.Ri+ht! of :ini!ter! and Ad/o&ate1;enera# a! re!.e&t! the Ho)!e!.- 74er @inister and
the ,d4ocate-=eneral for a State shall ha4e the ri3ht to spea' in, and other&ise to ta'e part in the
proceedin3s of, the le3islati4e ,sse!bl of the State or, in the case of a State ha4in3 a
6e3islati4e *ouncil, both 5ouses, and to spea' in, and other&ise to ta'e part in the proceedin3s
of, an co!!ittee of the 6e3islature of &hich he !a be na!ed a !e!ber, but shall not, b 4irtue
of this article, be entitled to 4ote.
Offi&er! of the State -e+i!#at)re
167.The S.ea%er and De.)ty S.ea%er of the -e+i!#ati/e A!!em"#y.- 74er 6e3islati4e
,sse!bl of a State shall, as soon as !a be, choose t&o !e!bers of the ,sse!bl to be
respecti4el Spea'er and ?eput Spea'ers thereof and, so often as the office of Spea'er or
?eput Spea'er beco!es 4acant, the ,sse!bl shall choose another !e!ber to be Spea'er or
?eput Spea'er, as the case !a be.
168.>a&ation and re!i+nation of( and remo/a# from( the offi&e! of S.ea%er and De.)ty
S.ea%er.- , !e!ber holdin3 office as Spea'er or ?eput Spea'er of an ,sse!bl-
(a) shall 4acate his office if he ceases to be a !e!ber of the ,sse!bl"
(b) !a at an ti!e b &ritin3 under his hand addressed, if such !e!ber is the Spea'er, to the
?eput Spea'er, and if such !e!ber is the ?eput Spea'er, to the Spea'er, resi3n his office"
and
%ro4ided that no resolution for the purpose of clause ; shall be !o4ed unless at least fourteen
das; notice has been 3i4en of the intention to !o4e the resolution$
%ro4ided further that, &hene4er the ,sse!bl is dissol4ed, the Spea'er shall not 4acate his office
until i!!ediatel before the first !eetin3 of the ,sse!bl after the dissolution.
179.Po$er of the De.)ty S.ea%er or other .er!on to .erform the d)tie! of the offi&e of( or
to a&t a!( S.ea%er.- (1) Dhile the office of Spea'er is 4acant, the duties of the office shall be
perfor!ed b the ?eput Spea'er or, if the office of ?eput Spea'er is also 4acant, b such
!e!ber of the ,sse!bl as the =o4ernor !a appoint for the purpose.
(2) ?urin3 the absence of the Spea'er fro! an sittin3 of the ,sse!bl the ?eput Spea'er or, if
he is also absent, such person as !a be deter!ined b the rules of procedure of the asse!bl,
or, if no such person is present, such other person as !a be deter!ined b the ,sse!bl, shall
act as Spea'er.
171.The S.ea%er or the De.)ty S.ea%er not to .re!ide $hi#e a re!o#)tion for hi! remo/a#
from offi&e i! )nder &on!ideration.- (1) ,t an sittin3 of the 6e3islati4e ,sse!bl, &hile an
resolution for the re!o4al of the Spea'er fro! his office is under consideration, the Spea'er, or
&hile an resolution for the re!o4al of the ?eput Spea'er fro! his office is under consideration,
the ?eput Spea'er, shall not, thou3h he is present, preside, and the pro4isions of clause (2) of
,rticle1:1 shall appl in relation to e4er such sittin3 as the appl in relation to a sittin3 fro!
&hich the Spea'er or, as the case !a be, the ?eput Spea'er, is absent.
(2) The Spea'er shall ha4e the ri3ht to spea' in, and other&ise to ta'e part in the proceedin3s of,
the 6e3islati4e ,sse!bl &hile an resolution for his re!o4al fro! office is under consideration in
the ,sse!bl and shall, not&ithstandin3 anthin3 in ,rticle 1:-, be entitled to 4ote onl in the first
instance on such resolution or on an other !atter durin3 such proceedin3s but not in the case of
an #ualit of 4otes.
17.The Chairman and De.)ty Chairman of the -e+i!#ati/e Co)n&i#.- The 6e3islati4e *ouncil
of e4er State ha4in3 such *ouncil shall, as soon as !a be, choose t&o !e!bers of the *ouncil
to be respecti4el *hair!an and ?eput *hair!an thereof and, so often as the office of
*hair!an or ?eput *hair!an beco!es 4acant, the *ouncil shall choose another !e!ber to be
*hair!an or ?eput *hair!an, as the case !a be.
17'.>a&ation and re!i+nation of( and remo/a# from( the offi&e! of Chairman and De.)ty
Chairman.- , !e!ber holdin3 office as *hair!an or ?eput *hair!an of a 6e3islati4e *ouncil-
(a) shall 4acate his office if he ceases to be a !e!ber of the *ouncil"
(b) !a at an ti!e b &ritin3 under his hand addressed, if such !e!ber is the *hair!an, to the
?eput *hair!an, and if such !e!ber is the ?eput chair!an, to the *hair!an, resi3n his office"
and
; !a be re!o4ed fro! his office b a resolution of the council passed b a !aAorit of all the
then !e!bers of the *ouncil$
%ro4ided that no resolution for the purpose of clause ; shall be !o4ed unless at least fourteen
das; notice has been 3i4en of the intention to !o4e the resolution.
17,.Po$er of the De.)ty Chairman or other .er!on to .erform the d)tie! of the offi&e of( or
to a&t a!( Chairman.- (1) Dhile the office of *hair!an is 4acant, the duties of the office shall be
perfor!ed b the ?eput *hair!an or, if the office of ?eput *hair!an is also 4acant, b such
!e!ber of the council as the =o4ernor !a appoint for the purpose.
(2) ?urin3 the absence of the *hair!an fro! an sittin3 of the *ouncil the ?eput *hair!an or, if
he is also absent, such person as !a be deter!ined b the rules of procedure of the *ouncil, or,
if no such person is present, such other person as !a be deter!ined b the *ouncil, shall act as
*hair!an.
173.The Chairman or the De.)ty Chairman not to .re!ide $hi#e a re!o#)tion for hi!
remo/a# from offi&e i! )nder &on!ideration.- (1) ,t an sittin3 of the 6e3islati4e *ouncil, &hile
an resolution for the re!o4al of the chair!an fro! his office is under consideration, the
*hair!an, or &hile an resolution for the re!o4al of the ?eput *hair!an fro! his office is under
consideration, the ?eput chair!an, shall not, thou3h he is present, preside, and the pro4isions
of clause (2) of ,rticle 1:2 shall appl in relation to e4er such sittin3 as the appl in relation to a
sittin3 fro! &hich the *hair!an or, as the case !a be, the ?eput *hair!an is absent.
(2) The *hair!an shall ha4e the ri3ht to spea' in, and other&ise to ta'e part in the proceedin3s
of, the 6e3islati4e *ouncil &hile an resolution for his re!o4al fro! office is under consideration
in the *ouncil and shall, not&ithstandin3 anthin3 in ,rticle 1:-, be entitled to 4ote onl in the first
instance on such resolution or on an other !atter durin3 such proceedin3s but not in the case of
an e#ualit of 4otes.
175.Sa#arie! and a##o$an&e! of the S.ea%er and De.)ty S.ea%er and the Chairman and
De.)ty Chairman.- There shall be paid to the Spea'er and the ?eput Spea'er of the
6e3islati4e ,sse!bl, and to the *hair!an and the ?eput *hair!an of the 6e3islati4e *ouncil,
such salaries and allo&ances as !a be respecti4el fi+ed b the 6e3islature of the State b la&
and, until pro4ision in that behalf is so !ade, such salaries and allo&ances as are specified in the
Second Schedule.
176.Se&retariat of State -e+i!#at)re.- (1) The 5ouse or each 5ouse of the 6e3islature of a
State shall ha4e a separate secretarial staff$
%ro4ided that nothin3 in this clause shall, in the case of the 6e3islature of a State ha4in3 a
6e3islati4e *ouncil, be construed as pre4entin3 the creation of posts co!!on to both 5ouses of
such 6e3islature.
(2) The 6e3islature of a State !a b la& re3ulate the recruit!ent, and the conditions of ser4ice
of persons appointed, to the secretarial staff of the 5ouse or 5ouses of the 6e3islature of the
State.
(3) Until pro4ision is !ade b the 6e3islature of the State under clause (2), the =o4ernor !a,
after consultation &ith the Spea'er of the 6e3islati4e ,sse!bl or the *hair!an of the 6e3islati4e
*ouncil, as the case !a be, !a'e rules re3ulatin3 the recruit!ent, and the conditions of ser4ice
of persons appointed, to the secretarial staff of the ,sse!bl or the *ouncil, and an rules so
!ade shall ha4e effect subAect to the pro4isions of an la& !ade under the said clause.
177.Oath or affirmation "y mem"er!.- 74er !e!ber of the 6e3islati4e ,sse!bl or the
6e3islati4e *ouncil of a State shall, before ta'in3 his seat, !a'e and subscribe before the
=o4ernor, or so!e person appointed in that behalf b hi!, an oath or affir!ation accordin3 to the
for! set out for the purpose in the Third Schedule.
178.>otin+ in Ho)!e!( .o$er of Ho)!e! to a&t not$ith!tandin+ /a&an&ie! and 0)or)m.- (1)
Sa4e as other&ise pro4ided in this *onstitution, all #uestions at an sittin3 of a 5ouse of the
le3islature of a State shall be deter!ined b a !aAorit of 4otes of the !e!bers present and
4otin3, other than the Spea'er or *hair!an, or person actin3 as such. The Spea'er or *hair!an,
or person actin3 as such, shall not 4ote in the first instance, but shall ha4e and e+ercise a castin3
4ote in the case of an e#ualit of 4otes.
(2) , 5ouse of the 6e3islature of a State shall ha4e po&er to act not&ithstandin3 an 4acanc in
the !e!bership thereof, and an proceedin3s in the le3islature of a State shall be 4alid
not&ithstandin3 that it is disco4ered subse#uentl that so!e person &ho &as not entitled so to do
sat or 4oted or other&ise too' part in the proceedin3s.
(3) Until the 6e3islature of the State b la& other&ise pro4ides, the #uoru! to constitute a
!eetin3 of a 5ouse of the 6e3islature of a State shall be ten !e!bers or one-tenth of the total
nu!ber of !e!bers of the 5ouse, &hiche4er is 3reater.
(2) If at an ti!e durin3 a !eetin3 of the 6e3islati4e ,sse!bl or the 6e3islati4e council of a State
there is no #uoru!, it shall be the dut of the Spea'er or *hair!an, or person actin3 as such,
either to adAourn the 5ouse or to suspend the !eetin3 until there is a #uoru!.
Di!0)a#ifi&ation! of :em"er!
189.>a&ation of !eat!.- (1) 9o person shall be a !e!ber of both 5ouses of the le3islature of a
State and pro4ision shall be !ade b the 6e3islature of the State b la& for the 4acation b a
person &ho is chosen a !e!ber of both 5ouses of his seat in one 5ouse or the other.
(2) 9o person shall be a !e!ber of the le3islatures of t&o or !ore States specified in the First
Schedule and if a person is chosen a !e!ber of the 6e3islatures of t&o or !ore such States,
then, at the e+piration of such period as !a be specified in rules !ade b the %resident, that
person;s seat in the 6e3islatures of all such States shall beco!e 4acant, unless he has
pre4iousl resi3ned his seat in the 6e3islatures of all but one of the States.
(3) If a !e!ber of a 5ouse of the 6e3islature of a State-
(a) beco!es subAect to an of the dis#ualifications !entioned in clause (1) or clause (2) of ,rticle
1-1" or
(b) resi3ns his seat b &ritin3 under his hand addressed to the Spea'er or the *hair!an, as the
case !a be, and his resi3nation is accepted b th Spea'er or the *hair!an, as the case !a
be, his seat shall thereupon beco!es 4acant$
%ro4ided that in the case of an resi3nation referred to in sub-clause (b), if fro! infor!ation
recei4ed or other&ise and after !a'in3 such in#uir as he thin's fit, the Spea'er or the *hair!an,
as the case !a be, is satisfied that such resi3nation is not 4oluntar or 3enuine, he shall not
accept such resi3nation.
(2) If for a period of si+t das a !e!ber of a 5ouse of the 6e3islature of a State is &ithout
per!ission of the 5ouse absent fro! all !eetin3s thereof, the 5ouse !a declare his seat
4acant$
%ro4ided that in co!putin3 the said period of si+t das no account shall be ta'en of an period
durin3 &hich the 5ouse is proro3ued or is adAourned for !ore than four consecuti4e das.
181.Di!0)a#ifi&ation! for mem"er!hi..- (1) , person shall be dis#ualified for bein3 chosen as,
and for bein3, a !e!ber of the 6e3islati4e ,sse!bl or 6e3islati4e *ouncil of a State-
(a) if he holds an office of profit under the =o4ern!ent of India or the =o4ern!ent of an State
specified in the First Schedule, other than an office declared b the 6e3islature of the State b
la& not to dis#ualif its holder"
(b) if he is of unsound !ind and stands so declared b a co!petent court"
; if he is an undischar3ed insol4ent"
(d) if he is not a citi<en of India, or has 4oluntaril ac#uired the citi<enship of a forei3n State, or is
under an ac'no&led3e!ent of alle3iance or adherence to a forei3n State"
(e) if he is so dis#ualified b or under an la& !ade b %arlia!ent.
7+planation.- For the purposes of this clause, a person shall not be dee!ed to hold an office of
profit under the =o4ern!ent of India or the =o4ern!ent of an State specified in the First
Schedule b reason onl that he is a @inister either for the Union or for such State.
(2) , person shall be dis#ualified for bein3 a !e!ber of the 6e3islati4e ,sse!bl or 6e3islati4e
*ouncil of a State if he is so dis#ualified under the Tenth Schedule.
18.De&i!ion on 0)e!tion! a! to di!0)a#ifi&ation! of mem"er!.- (1) If an #uestion arises as
to &hether a !e!ber of a 5ouse of the 6e3islature of a State has beco!e subAect to an of the
dis#ualifications !entioned in clause (1) of ,rticle 1-1, the #uestion shall be referred for the
decision of the =o4ernor and his decision shall be final.
(2) Before 3i4in3 an decision on an such #uestion, the =o4ernor shall obtain the opinion of the
7lection *o!!ission and shall act accordin3 to such opinion.
18'.Pena#ty for !ittin+ and /otin+ "efore ma%in+ oath or affirmation )nder Arti&#e 177 or
$hen not 0)a#ified or $hen di!0)a#ified.- If a person sits or 4otes as a !e!ber of the
6e3islati4e ,sse!bl or the 6e3islati4e *ouncil of a State before he has co!plied &ith the
re#uire!ents of ,rticle 1::, or &hen he 'no&s that he is not #ualified or that he is dis#ualified for
!e!bership thereof, or that he is prohibited fro! so doin3 b the pro4isions of an la& !ade b
%arlia!ent or the le3islature of the State, he shall be liable in respect of each da on &hich he so
sits or 4otes to a penalt of fi4e hundred rupees to be reco4ered as a debt due to the State.
Po$er!( Pri/i#e+e! and Imm)nitie! of State -e+i!#at)re! and their :em"er!
18,.Po$er!( .ri/i#e+e!( et&.( of the Ho)!e of -e+i!#at)re! and of the mem"er! and
&ommittee! thereof.- (1) SubAect to the pro4isions of this *onstitution and to the rules and
standin3 orders re3ulatin3 the procedure of the 6e3islature, there shall be freedo! of speech in
the 6e3islature of e4er State.
(2) 9o !e!ber of the 6e3islature of a State shall be liable to an proceedin3s in an court in
respect of anthin3 said or an 4ote 3i4en b hi! in the 6e3islature or an co!!ittee thereof, and
no person shall be so liable in respect of the publication b or under the authorit of a 5ouse of
such a 6e3islature of an report, paper, 4otes or proceedin3s.
(3) In other respects, the po&ers, pri4ile3es and i!!unities of a 5ouse of the 6e3islature of a
State, and of the !e!bers and the co!!ittees of a 5ouse of such 6e3islature, shall be such as
!a fro! ti!e to ti!e be defined b the 6e3islature b la&, and, until so defined, shall be those of
that 5ouse and of its !e!bers and co!!ittees i!!ediatel before the co!in3 into force of
Section 20 of the *onstitution fort-fourth ,!end!ent) ,ct, 1-.:.
(2) The pro4isions of clauses (1), (2) and (3) shall appl in relation to persons &ho b 4irtue of this
*onstitution ha4e the ri3ht to spea' in, and other&ise to ta'e part in the proceedin3s of a 5ouse
of the 6e3islature of a State or an co!!ittee thereof as the appl in relation to !e!bers of that
6e3islature.
183.Sa#arie! and a##o$an&e! of mem"er!.- @e!bers of the 6e3islati4e ,sse!bl and the
6e3islati4e *ouncil of a State shall be entitled to recei4e such salaries and allo&ances as !a
fro! ti!e to ti!e be deter!ined, b the 6e3islature of the State b la& and, until pro4ision in that
respect is so !ade, salaries and allo&ances at such rates and upon such conditions as &ere
i!!ediatel before the co!!ence!ent of the *onstitution applicable in the case of !e!bers of
the 6e3islati4e ,sse!bl of the correspondin3 %ro4ince.
-e+i!#ati/e Pro&ed)re
185.Pro/i!ion! a! to introd)&tion and .a!!in+ of @i##!.- (1) SubAect to the pro4isions of ,rticle
1-: and 21. &ith respect o @one Bills and other financial Bills, a Bill !a ori3inate in either
5ouse of the 6e3islature of a State &hich has a 6e3islati4e *ouncil.
(2) SubAect to the pro4isions of ,rticle 1-. and 1-:, a Bill shall not be dee!ed to ha4e been
passed b the 5ouses of the 6e3islature of a State ha4in3 a le3islati4e *ouncil unless it has been
a3reed to b both 5ouses, either &ithout a!end!ent or &ith such a!end!ents onl as are
a3reed to b both 5ouses.
(3) , Bill pendin3 in the 6e3islature of a State shall not lapse b reason of the proro3ation of the
5ouse or 5ouses thereof.
(2) , Bill pendin3 in the 6e3islati4e *ouncil of a State &hich has not been passed b the
6e3islati4e ,sse!bl shall not lapse on a dissolution of the ,sse!bl.
(/) , Bill &hich is pendin3 in the 6e3islati4e ,sse!bl of a State, or &hich ha4in3 been passed b
the 6e3islati4e ,sse!bl is pendin3 in the 6e3islati4e *ouncil, shall lapse on a dissolution of the
,sse!bl.
186.Re!tri&tion on .o$er! of -e+i!#ati/e Co)n&i# a! to @i##! other than :oney @i##!.- (1) If
after a Bill has been passed b the 6e3islati4e ,sse!bl of a State ha4in3 a 6e3islati4e *ouncil
and trans!itted to the 6e3islati4e *ouncil-
(a) the Bill is reAected b the *ouncil" or
(b) !ore than three !onths elapse fro! the date on &hich the Bill is laid before the *ouncil
&ithout the Bill bein3 passed b it" or
; the Bill is passed b the *ouncil &ith a!end!ents to &hich the 6e3islati4e ,sse!bl does not
a3ree" the 6e3islati4e ,sse!bl !a, subAect to the rules re3ulatin3 its procedure, pass the Bill
a3ain in the sa!e or in an subse#uent session &ith or &ithout such a!end!ents, if an, as ha4e
been !ade, su33ested or a3reed to b the 6e3islati4e *ouncil and then trans!it the Bill as so
passed to the 6e3islati4e *ouncil.
(2) If after a Bill has been so passed for the second ti!e b the 6e3islati4e ,sse!bl and
trans!itted to the 6e3islati4e *ouncil-
(a) the Bill is reAected b the *ouncil" or
(b) !ore than one !onth elapses fro! the date on &hich the Bill is laid before the *ouncil &ithout
the Bill bein3 passed b it" or
; the Bill is passed b the *ouncil &ith a!end!ents to &hich the 6e3islati4e ,sse!bl does not
a3ree" the Bill shall be dee!ed to ha4e been passed b the 5ouses of the 6e3islature of the
State in the for! in &hich it &as passed b the 6e3islati4e ,sse!bl for the second ti!e &ith
such a!end!ents, if an, as ha4e been !ade or su33ested b the 6e3islati4e *ouncil and
a3reed to b the 6e3islati4e ,sse!bl.
(3) 9othin3 in this article shall appl to a @one Bill.
187. S.e&ia# .ro&ed)re in re!.e&t of :oney @i##!.- (1) , @one Bill shall not be introduced in a
6e3islati4e *ouncil.(2) ,fter a @one Bill has been passed b the 6e3islati4e ,sse!bl of a State
ha4in3 a 6e3islati4e *ouncil, it shall be trans!itted to the 6e3islati4e *ouncil for its
reco!!endations, and the 6e3islati4e *ouncil shall &ithin a period of fourteen das fro! the date
of its receipt of the Bill return the Bill to the 6e3islati4e ,sse!bl &ith its reco!!endations, and
the 6e3islati4e ,sse!bl !a thereupon either accept or reAect all or an of the reco!!endations
of the 6e3islati4e *ouncil.
(3) If the 6e3islati4e ,sse!bl accepts an of the reco!!endations of the 6e3islati4e *ouncil,
the @one Bill shall be dee!ed to ha4e been passed b both 5ouses &ith the a!end!ents
reco!!ended b the 6e3islati4e *ouncil and accepted b the 6e3islati4e ,sse!bl.
(2) If the 6e3islati4e ,sse!bl does not accept an of the reco!!endations of the 6e3islati4e
*ouncil, the @one Bill shall be dee!ed to ha4e been passed b both 5ouses in the for! in
&hich it &as passed b the 6e3islati4e ,sse!bl &ithout an of the a!end!ents reco!!ended
b the 6e3islati4e *ouncil.
(/) If a @one Bill passed b the 6e3islati4e ,sse!bl and trans!itted to the 6e3islati4e *ouncil
for its reco!!endations is not returned to the 6e3islati4e ,sse!bl &ithin the said period of
fourteen das, it shall be dee!ed to ha4e been passed b both 5ouses at the e+piration of the
said period in the for! in &hich it &as passed b the 6e3islati4e ,sse!bl.
188.Definition of D:oney @i##!D.- (1) For the purposes of this *hapter, a Bill shall be dee!ed to
be a @one Bill if it contains onl pro4isions dealin3 &ith all or an of the follo&in3 !atters,
na!el$-
(a) the i!position, abolition, re!ission, alteration or re3ulation of an ta+"
(b) the re3ulation of the borro&in3 of !one or the 3i4in3 of an 3uarantee b the State, or the
a!end!ent of the la& &ith respect to an financial obli3ations underta'en or to be underta'en b
the State"
; the custod of the *onsolidated Fund or the *ontin3enc Fund of the State, the pa!ent of
!ones into or the &ithdra&al of !ones fro! an such Fund"
(d) the appropriation of !ones out of the *onsolidated Fund of the State"
(e) the declarin3 of an e+penditure to be e+penditure char3ed on the *onsolidated Fund of the
State, or the increasin3 of the a!ount of an such e+penditure"
(f) the receipt of !one on account of the *onsolidated Fund of the State or the public account of
the State or the custod or issue of such !one" or
(3) an !atter incidental to an of the !atters specified in sub-clauses (a) to (f).
(2) , Bill shall not be dee!ed to be a @one Bill b reason onl that it pro4ides for the i!position
of fines or other pecuniar penalties, or for the de!and or pa!ent of fees for licences or fees for
ser4ices rendered, or b reason that it pro4ides for the i!position, abolition, re!ission, alteration
or re3ulation of an ta+ b an local authorit or bod for local purposes.
(3) If an #uestion arises &hether a Bill introduced in the 6e3islature of a State &hich has a
6e3islati4e *ouncil is a @one Bill or not, the decision of the Spea'er of the 6e3islati4e ,sse!bl
of such State thereon shall be final.
(2) There shall be endorsed on e4er @one Bill &hen it is trans!itted to the 6e3islati4e *ouncil
under ,rticle 1-:, and &hen it is presented to the =o4ernor for assent under ,rticle 211, the
certificate of the Spea'er of the 6e3islati4e ,sse!bl si3ned b hi! that it is a @one Bill.
99.A!!ent to @i##!.- Dhen a Bill has been passed b the 6e3islati4e ,sse!bl of a State or, in
the case of a State ha4in3 a 6e3islati4e *ouncil, has been passed b both 5ouses of the
6e3islature of the State, it shall be presented to the =o4ernor and the =o4ernor shall declare
either that he assents to the Bill or that he &ithholds assent therefro! or that he reser4es the Bill
for the consideration of the %resident$
%ro4ided that the =o4ernor !a, as soon as possible after the presentation to hi! of the Bill for
assent, return the Bill if it is not a @one Bill to3ether &ith a !essa3e re#uestin3 that the 5ouse
or 5ouses &ill reconsider the Bill or an specified pro4isions thereof and, in particular, &ill
consider the desirabilit of introducin3 an such a!end!ents as he !a reco!!end in his
!essa3e and, &hen a Bill is so returned, the 5ouse or 5ouses shall reconsider the Bill
accordin3l, and if the Bill is passed a3ain b the 5ouse or 5ouses &ith or &ithout a!end!ent
and presented to the =o4ernor for assent, the =o4ernor shall not &ithhold assent therefro!$
%ro4ided further that the =o4ernor shall not assent to, but shall reser4e for the consideration of
the %resident, an Bill &hich in the opinion of the =o4ernor &ould, if it beca!e la&, so dero3ate
fro! the po&ers of the 5i3h *ourt as to endan3er the position &hich that *ourt is b this
*onstitution desi3ned to fill.
91.@i## re!er/ed for &on!ideration.- Dhen a Bill is reser4ed b a =o4ernor for the
consideration of the %resident, the %resident shall declare either that he assents to the Bill or that
he &ithholds assent therefro!$
%ro4ided that, &here the Bill is not a @one Bill, the %resident !a direct the =o4ernor to return
the Bill to the 5ouse or, as the case !a be, the 5ouses of the 6e3islature of the State to3ether
&ith such a !essa3e as it !entioned in the first pro4iso to ,rticle 211 and, &hen a Bill is so
returned, the 5ouse or 5ouses shall reconsider it accordin3l &ithin a period of si+ !onths fro!
the date of receipt of such !essa3e and, if it is a3ain passed b the 5ouse or 5ouses &ith or
&ithout a!end!ent, it shall be presented a3ain to the %resident for his consideration.
Pro&ed)re in Finan&ia# :atter!
9.Ann)a# finan&ia# !tatement.- (1) The =o4ernor shall in respect of e4er financial ear cause
to be laid before the 5ouse or 5ouses of the 6e3islature of the State a state!ent of the esti!ated
receipts and e+penditure of the State for that ear, in this %art referred to as the 8annual financial
state!ent8.
(2) The esti!ates of e+penditure e!bodied in the annual financial state!ent shall sho&
separatel-
(a) the su!s re#uired to !eet e+penditure described b this *onstitution as e+penditure char3ed
upon the *onsolidated Fund of the State" and
(b) the su!s re#uired to !eet other e+penditure proposed to be !ade fro! the *onsolidated
Fund of the State"and shall distin3uish e+penditure on re4enue account fro! other e+penditure.
(3) The follo&in3 e+penditure shall be e+penditure char3ed on the *onsolidated Fund of each
State-
(a) the e!olu!ents and allo&ances of the =o4ernor and other e+penditure relatin3 to his office"
(b) the salaries and allo&ances of the Spea'er and the ?eput Spea'er of the 6e3islati4e
,sse!bl and, in the case of State ha4in3 a 6e3islati4e *ouncil, also of the *hair!an and the
?eput *hair!an of the 6e3islati4e *ouncil"
; debt char3es for &hich the State is liable includin3 interest, sin'in3 fund char3es and
rede!ption char3es, and other e+penditure relatin3 to the raisin3 of loans and the ser4ice and
rede!ption of debt"
(d) e+penditure in respect of the salaries and allo&ances of >ud3es of an 5i3h *ourt"
(e) an su!s re#uired to satisf and Aud3!ent, decree or a&ard of an court or arbitral tribunal"
(f) an other e+penditure declared b this *onstitution, or b the 6e3islature of the State b la&, to
be so char3ed.
9'.Pro&ed)re in -e+i!#at)re $ith re!.e&t to e!timate!.-
(1) So !uch of the esti!ates as relates to e+penditure char3ed upon the *onsolidated Fund of a
State shall not be sub!itted to the 4ote of the 6e3islati4e ,sse!bl, but nothin3 in this clause
shall be construed as pre4entin3 the discussion in the 6e3islature of an of those esti!ates.
(2) So !uch of the said esti!ates as relates to other e+penditure shall be sub!itted in the for! of
de!ands for 3rants to the 6e3islati4e ,sse!bl, and the 6e3islati4e ,sse!bl shall ha4e po&er
to assent, or to refuse to assent, to an de!and, or to assent to an de!and subAect to a
reduction of the a!ount specified therein.
(3) 9o de!and for a 3rant shall be !ade e+cept on the reco!!endation of the =o4ernor.
9,.A..ro.riation @i##!.- (1) ,s soon as !a be after the 3rants under article 213 ha4e been
!ade b the ,sse!bl, there shall be introduced a Bill to pro4ide for the appropriation out of the
*onsolidated Fund of the State of all !ones re#uired to !eet-
(a) the 3rants so !ade b the asse!bl" and
(b) the e+penditure char3ed on the *onsolidated Fund of the State but not e+ceedin3 in an case
the a!ount sho&n in the state!ent pre4iousl laid before the 5ouse or 5ouses.
(2) 9o a!end!ent shall be proposed to an such Bill in the 5ouse or either 5ouse of the
6e3islature of the State &hich &ill ha4e the effect of 4arin3 the a!ount or alterin3 the destination
of an 3rant so !ade or of 4arin3 the a!ount of an e+penditure char3ed on the *onsolidated
Fund of the State, and the decision of the person presidin3 as to &hether an a!end!ent is
inad!issible under this clause shall be final.
(3) SubAect to the pro4isions of articles 21/ and 210, no !one shall be &ithdra&n fro! the
*onsolidated Fund of the State e+cept under appropriation !ade b la& passed in accordance
&ith the pro4isions of this article.
93.S)..#ementary( additiona# or e*&e!! +rant!.- (1) The =o4ernor shall-
(a) if the a!ount authorised b an la& !ade in accordance &ith the pro4isions of article 212 to
be e+pended for a particular ser4ice for the current financial ear is found to be insufficient for the
purposes of that ear or &hen a need has arisen durin3 the current financial ear for
supple!entar or additional e+penditure upon so!e ne& ser4ice not conte!plated in the annual
financial state!ent for that ear, or
(b) if an !one has been spent on an ser4ice durin3 a financial ear in e+cess of the a!ount
3ranted for that ser4ice and for that ear, cause to be laid before the 5ouse or the 5ouses of the
6e3islature of the State another state!ent sho&in3 the esti!ated a!ount of that e+penditure or
cause to be presented to the 6e3islati4e ,sse!bl of the State a de!and for such e+cess, as the
case !a be.
(2) The pro4isions of articles 212, 213 and 212 shall ha4e effect in relation to an such state!ent
and e+penditure or de!and and also to an la& to be !ade authorisin3 the appropriation of
!ones out of the *onsolidated Fund of the State to !eet such e+penditure or the 3rant in
respect of such de!and as the ha4e effect in relation to the annual financial state!ent and the
e+penditure !entioned therein or to a de!and for a 3rant and the la& to be !ade for the
authorisation of appropriation of !ones out of the *onsolidated Fund of the State to !eet such
e+penditure or 3rant.
95.>ote! on a&&o)nt( /ote! of &redit and e*&e.tiona# +rant!.- (1) 9ot&ithstandin3 anthin3
in the fore3oin3 pro4isions of this *hapter, the 6e3islati4e ,sse!bl of a State shall ha4e po&er-
(a) to !a'e an 3rant in ad4ance in respect of the esti!ated e+penditure for a part of an
financial ear pendin3 the co!pletion of the procedure prescribed in article 213 for the 4otin3 of
such 3rant and the passin3 of the la& in accordance &ith the pro4isions of article 212 in relation
to that e+penditure"
(b) to !a'e a 3rant for !eetin3 an une+pected de!and upon the resources of the State &hen on
account of the !a3nitude or the indefinite character of the ser4ice the de!and cannot be stated
&ith the details ordinaril 3i4en in an annual financial state!ent"
; to !a'e an e+ceptional 3rant &hich for!s no part of the current ser4ice of an financial ear,
and the 6e3islature of the State shall ha4e po&er to authorise b la& the &ithdra&al of !ones
fro! the *onsolidated Fund of the State for the purposes for &hich the said 3rants are !ade.
(2) The pro4isions of articles 213 and 212 shall ha4e effect in relation to the !a'in3 of an 3rant
under clause (1) and to an la& to be !ade under that clause as the ha4e effect in relation to
the !a'in3 of a 3rant &ith re3ard to an e+penditure !entioned in the annual financial state!ent
and the la& to be !ade for the authorisation of appropriation of !ones out of the *onsolidated
Fund of the State to !eet such e+penditure.
96.S.e&ia# .ro/i!ion! a! to finan&ia# @i##!.- (1) , Bill or a!end!ent !a'in3 pro4ision for an
of the !atters specified in sub-clause (a) to (f) of clause (1) of article 1-- shall not be introduced
or !o4ed e+cept on the reco!!endation of the =o4ernor, and a Bill !a'in3 such pro4ision shall
not be introduced in a 6e3islati4e *ouncil$
%ro4ided that no reco!!endation shall be re#uired under this clause for the !o4in3 of an
a!end!ent !a'in3 pro4ision for the reduction or abolition of an ta+.
(2) , Bill or a!end!ent shall not be dee!ed to !a'e pro4ision for an of the !atters aforesaid
b reason onl that it pro4ides for the i!position of fines or other pecuniar penalties, or for the
de!and or pa!ent of fees for licences or fees for ser4ices rendered, or b reason that it
pro4ides for the i!position, abolition, re!ission, alteration or re3ulation of an ta+ b an local
authorit or bod for local purposes.
(3) , Bill &hich, if enacted and brou3ht into operation, &ould in4ol4e e+penditure fro! the
*onsolidated Fund of a State shall not be passed b a 5ouse of the 6e3islature of the State
unless the =o4ernor has reco!!ended to that 5ouse the consideration of the Bill.
Pro&ed)re ;enera##y
97.R)#e! of .ro&ed)re.- (1) , 5ouse of the 6e3islature of a State !a !a'e rules for re3ulatin3
subAect to the pro4isions of this *onstitution, its procedure and the conduct of its business.
(2) Until rules are !ade under clause (1), the rules of procedure and standin3 orders in force
i!!ediatel before the co!!ence!ent of this *onstitution &ith respect to the 6e3islature for the
correspondin3 %ro4ince shall ha4e effect in relation to the 6e3islature of the State subAect to such
!odifications and adaptations as !a be !ade therein b the Spea'er of the 6e3islati4e
,sse!bl, or the *hair!an of the 6e3islati4e *ouncil, as the case !a be.
(3) In a State ha4in3 a 6e3islati4e *ouncil the =o4ernor, after consultation &ith the Spea'er of the
6e3islati4e ,sse!bl and the *hair!an of the le3islati4e *ouncil, !a !a'e rules as to the
procedure &ith respect to co!!unications bet&een the t&o 5ouses.
98.Re+)#ation "y #a$ of .ro&ed)re in the -e+i!#at)re of the State in re#ation to finan&ia#
")!ine!!.- The 6e3islature of a State !a, for the purpose of the ti!el co!pletion of financial
business, re3ulate b la& the procedure of, and the conduct of business in, the 5ouse or 5ouses
of the 6e3islature of the State in relation to an financial !atter or to an Bill for the appropriation
of !ones out of the *onsolidated Fund of the State, and, if and so far as an pro4ision of an
la& so !ade is inconsistent &ith an rule !ade b the 5ouse or either 5ouse of the 6e3islature of
the State under clause (1) of article 21: or &ith an rule or standin3 order ha4in3 effect in relation
to the 6e3islature of the State under clause (2) of that article, such pro4ision shall pre4ail.
19.-an+)a+e to "e )!ed in the -e+i!#at)re.- (1) 9ot&ithstandin3 anthin3 in %art HFII, but
subAect to the pro4isions of article 32:, business in the 6e3islature of a State shall be transacted
in the official lan3ua3e or lan3ua3es of the State or in 5indi or in 7n3lish$
%ro4ided that the Spea'er of the 6e3islati4e ,sse!bl or *hair!an of the 6e3islati4e *ouncil, or
person actin3 as such, as the case !a be, !a per!it an !e!ber &ho cannot ade#uatel
e+press hi!self in an of the lan3ua3es aforesaid to address the 5ouse in his !other-ton3ue.
(2) Unless the 6e3islature of the State b la& other&ise pro4ides, this article shall, after the
e+piration of a period of fifteen ears fro! the co!!ence!ent of this *onstitution, ha4e effect as
if the &ords 8or in 7n3lish8 &ere o!itted here fro!$
%ro4ided that in relation to the 6e3islatures of the States of 5i!achal %radesh, @anipur,
@e3halaa and Tripura this clause shall ha4e effect as if for the &ords 8fifteen ears8 occurrin3
therein, the &ords 8t&ent-fi4e ears8 &ere substituted$ %ro4ided further that in relation to the
6e3islature of the States of ,runachal %radesh, =oa and @i<ora!, this clause shall ha4e effect
as if for the &ords 8fifteen ears8 occurrin3 therein, the &ords 8fort ears8 &ere substituted.
11.Re!tri&tion on di!&)!!ion in the -e+i!#at)re.- 9o discussion shall ta'e place in the
6e3islature of a State &ith respect to the conduct of an >ud3e of the Supre!e *ourt or of a 5i3h
*ourt in the dischar3e of his duties.
1.Co)rt! not to in0)ire into .ro&eedin+! of the -e+i!#at)re.- (1) The 4alidit of an
proceedin3s in the 6e3islature of a State shall not be called in #uestion on the 3round of an
alle3ed irre3ularit of procedure.
(2) 9o officer or !e!ber of the 6e3islature of a State in &ho! po&ers are 4ested b or under this
*onstitution for re3ulatin3 procedure or the conduct of business, or for !aintainin3 order, in the
6e3islature shall be subAect to the Aurisdiction of an court in respect of the e+ercise b hi! of
those po&ers.
CHAPTER I>1 -E;IS-ATI>E PO?ER OF THE ;O>ERNOR
1'.Po$er of ;o/ernor to .rom)#+ate Ordinan&e! d)rin+ re&e!! of -e+i!#at)re.- (1) If at
an ti!e, e+cept &hen the 6e3islati4e ,sse!bl of a State is in session, or &here there is a
6e3islati4e *ouncil in a State, e+cept &hen both 5ouses of the 6e3islature are in session, the
=o4ernor is satisfied that circu!stances e+ist &hich render it necessar for hi! to ta'e i!!ediate
action, he !a pro!ul3ate such Brdinance as the circu!stances appear to hi! to re#uire$
%ro4ided that the =o4ernor shall not, &ithout instructions fro! the %resident, pro!ul3ate an
such Brdinance if-
a) a Bill containin3 the sa!e pro4isions &ould under this *onstitution ha4e re#uired the pre4ious
sanction of the %resident for the introduction thereof into the 6e3islature"
or
b) he &ould ha4e dee!ed it necessar to reser4e a Bill containin3 the sa!e pro4isions for the
consideration of the %resident" or
c) an ,ct of the 6e3islature of the State containin3 the sa!e pro4isions &ould under this
*onstitution ha4e been in4alid unless, ha4in3 been reser4ed for the consideration of the
%resident, it had recei4ed the assent of the %resident.
(2) ,n Brdinance pro!ul3ated under this article shall ha4e the sa!e force and effect as an ,ct of
6e3islature of the State assented to b the =o4ernor, but e4er such Brdinance-
(a) shall be laid before the le3islati4e ,sse!bl of the State, or &here there is a 6e3islati4e
*ouncil in the State, before both the 5ouse, and shall cease to operate at the e+piration of si+
&ee's fro! the reasse!bl of the 6e3islature, or if before the e+piration of that period a
resolution disappro4in3 it is passed b the 6e3islati4e ,sse!bl and a3reed to b the 6e3islati4e
*ouncil, if an, upon the passin3 of the resolution or, as the case !a be, on the resolution bein3
a3reed to b the *ouncil " and
(b) !a be &ithdra&n at an ti!e b the =o4ernor 7+planation.- Dhere the 5ouses of the
6e3islature of a State ha4in3 a 6e3islati4e *ouncil are su!!oned to reasse!ble on different
dates, the period of si+ &ee's shall be rec'oned fro! the later of those dates for the purposes of
this clause.
(3) If and so far as an Brdinance under this article !a'es an pro4ision &hich &ould not be 4alid
if enacted in an ,ct of the le3islature of the State assented to b the =o4ernor, it shall be 4oid$
%ro4ided that, for the purposes of the pro4isions of this *onstitution relatin3 to the effect of an ,ct
of the 6e3islature of a State &hich is repu3nant to an ,ct of %arlia!ent or an e+istin3 la& &ith
respect to a !atter enu!erated in the *oncurrent 6ist, an Brdinance pro!ul3ated under this
article in the *oncurrent 6ist, an Brdinance pro!ul3ated under this article in pursuance of
instructions fro! the %resident shall be dee!ed to be an ,ct of the 6e3islature of the State &hich
has been reser4ed for the consideration of the president and assented to b hi!.
CHAPTER > 1 THE HI;H COURTS IN THE STATES
1,.Hi+h Co)rt! for State!.- There shall be a 5i3h *ourt for each State.
13.Hi+h Co)rt! to "e &o)rt! of re&ord.- 74er 5i3h *ourt shall be a court of record and shall
ha4e all the po&ers of such a court includin3 the po&er to punish for conte!pt of itself.
15.Con!tit)tion of Hi+h Co)rt!.- 74er 5i3h *ourt shall consist of a *hief >ustice and such
other >ud3es as the %resident !a fro! ti!e to ti!e dee! it necessar to appoint.
16.A..ointment and &ondition! of the offi&e of a C)d+e of a Hi+h Co)rt.- (1) 74er >ud3e
of a 5i3h *ourt shall be appointed b the %resident b &arrant under his hand and seal after
consultation &ith the *hief >ustice of India, the =o4ernor of the State, and,in the case of
appoint!ent of a >ud3e other than the chief >ustice, the chief >ustice of the 5i3h court, and shall
hold office, in the case of an additional or actin3 >ud3e, as pro4ided in ,rticle 222, and in an
other case, until he attains the a3e of si+t-t&o ears.
%ro4ided that-
(a) a >ud3e !a, b &ritin3 under his hand addressed to the %resident, resi3n his office"
(b) a >ud3e !a be re!o4ed fro! his office b the %resident in the !anner pro4ided in clause (2)
of ,rticle 122 for the re!o4al of a >ud3e of the Supre!e *ourt"
; the office of a >ud3e shall be 4acated b his bein3 appointed b the %resident to be a >ud3e of
the Supre!e *ourt or b his bein3 transferred b the %resident to an other 5i3h *ourt &ithin the
territor of India.
(2) , person shall not be #ualified for appoint!ent as a >ud3e of a 5i3h *ourt unless he is a
citi<en of India and-
(a) has for at least ten ears held a Audicial office in the territor of India" or
(b) has for at least ten ears been an ad4ocate of a 5i3h *ourt or of t&o or !ore such *ourts in
succession"
7+planation.- For the purposes of this clause-
(a) in co!putin3 the period durin3 &hich a person has held Audicial office in the territor of India,
there shall be included an period, after he has held an Audicial office, durin3 &hich the person
has been an ,d4ocate of a 5i3h *ourt or has held the office of a !e!ber of a tribunal or an
post, under the Union or a State, re#uirin3 special 'no&led3e of la&"
(aa) in co!putin3 the period durin3 &hich a person has been an ad4ocate of a 5i3h *ourt, there
shall be included an period durin3 &hich the person has held Audicial office or the office of a
!e!ber of a tribunal or an post, under the Union or a State, re#uirin3 special 'no&led3e of la&
after he beca!e an ad4ocate"
(b) in co!putin3 the period durin3 &hich a person has held Audicial office in the territor of India or
been an ad4ocate of 5i3h *ourt, there shall be included an period before the co!!ence!ent of
this *onstitution durin3 &hich he has held Audicial office in an area &hich &as co!prised before
the fifteenth da of ,u3ust, 1-2., &ithin India as defined b the =o4ern!ent of India ,ct, 1-3/, or
has been an ad4ocate of an 5i3h *ourt in an such area, as the case !a be.
(3) If an #uestion arises as to the a3e of a >ud3e of a 5i3h *ourt, the #uestion shall be decided
b the %resident after consultation &ith the *hief >ustice of India and the decision of the
%resident shall be final.
17.A..#i&ation of &ertain .ro/i!ion! re#atin+ to S).reme Co)rt to Hi+h Co)rt!.- The
pro4isions of clauses (2) and (/) of ,rticle 122 shall appl in relation to a 5i3h *ourt as the appl
in relation to the Supre!e *ourt &ith the substitution of references to the 5i3h *ourt for
references to the Supre!e *ourt.
18.Oath or affirmation "y C)d+e! of Hi+h Co)rt!.- 74er person appointed to be a >ud3e of a
5i3h *ourt shall, before he enters upon his office, !a'e and subscribe before the =o4ernor of the
State, or so!e person appointed in that behalf b hi!, an oath or affir!ation accordin3 to the
for! set out for the purpose in the Third Schedule.
9.Re!tri&tion on .ra&ti&e after "ein+ a .ermanent C)d+e.- 9o person &ho, after the
co!!ence!ent of this *onstitution , has held office as a per!anent >ud3e of a 5i3h *ourt shall
plead or act in an court or before an authorit in India e+cept the Supre!e *ourt and the other
5i3h *ourts.
7+planation.- In this article, the e+pression 85i3h *ourt8 does not include a 5i3h *ourt for a State
specified in %art B of the First Schedule as it e+isted before the co!!ence!ent of the
*onstitution (se4enth ,!end!ent) ,ct, 1-/0.
1.Sa#arie! et&.( of C)d+e!.- (1) There shall be paid to the >ud3es of each 5i3h *ourt such
salaries as !a be deter!ined b %arlia!ent b la& and, until pro4ision in that behalf is so !ade,
such salaries as are specified in the Second Schedule.
(2) 74er >ud3e shall be entitled to such allo&ances and to such ri3hts in respect of lea4e of
absence and pension as !a fro! ti!e to ti!e be deter!ined b or under la& !ade b
%arlia!ent and, until so deter!ined, to such allo&ances and ri3hts as are specified in the Second
Schedule$
%ro4ided that neither the allo&ances of a >ud3e nor his ri3hts in respect of lea4e of absence shall
be 4aried to his disad4anta3e after his appoint!ent.
.Tran!fer of a C)d+e from one Hi+h Co)rt to another.-
(1) The %resident !a, after consultation &ith the *hief >ustice of India, transfer a >ud3e fro!
one 5i3h *ourt to an other 5i3h *ourt.
(2) Dhen a >ud3e has been or is so transferred, he shall, durin3 the period he ser4es, after the
co!!ence!ent of the *onstitution (Fifteenth ,!end!ent) ,ct, 1-03, as a >ud3e of the other
5i3h *ourt, be entitled to recei4e in addition to his salar such co!pensator allo&ance as !a
be deter!ined b %arlia!ent b la& and, until so deter!ined, such co!pensator allo&ance as
the %resident !a b order fi+.
'.A..ointment of a&tin+ Chief C)!ti&e.- Dhen the office of *hief >ustice of 5i3h *ourt is
4acant or &hen an such *hief >ustice is, b reason of absence or other&ise, unable to perfor!
the duties of his office, the duties of the office shall be perfor!ed b such one of the other >ud3es
of the *ourt as the %resident !a appoint for the purposes.
,.A..ointment of additiona# and a&tin+ C)d+e!.- (1) If b reason of an te!porar increase
in the business of 5i3h *ourt or b reason of arrears of &or' therein, it appears to the %resident
that the nu!ber of the >ud3es of that *ourt should be for the ti!e bein3 increased, the %resident
!a appoint dul #ualified persons to be additional >ud3es of the *ourt for such period not
e+ceedin3 t&o ears as he !a specific.
(2) Dhen an >ud3e of a 5i3h *ourt other than the *hief >ustice is b reason of absence or for
an other reason unable to perfor! the duties of his office or is appointed to act te!poraril as
*hief >ustice, the %resident !a appoint a dul #ualified person to act as a >ud3e of that *ourt
until the per!anent >ud3e has resu!ed his duties.
(3) 9o person appointed as an additional or actin3 >ud3e of a 5i3h *ourt shall hold office after
attainin3 the a3e of si+t-t&o ears.
,1A.A..ointment of retired C)d+e! at !ittin+! of Hi+h Co)rt!.- 9ot&ithstandin3 anthin3 in
this *hapter, the *hief >ustice of a 5i3h *ourt for an State !a at an ti!e, &ith the pre4ious
consent of the %resident, re#uest an person &ho has held the office of >ud3e of that *ourt or of
an other 5i3h *ourt to sit and act as a >ud3e of the 5i3h *ourt for that State, and e4er such
person so re#uested shall, &hile so sittin3 and actin3, be entitled to such allo&ances as the
%resident !a b order deter!ine and ha4e all the Aurisdiction, po&ers and pri4ile3es of, but shall
not other&ise be dee!ed to be, a >ud3e of that 5i3h *ourt$
%ro4ided that nothin3 in this article shall be dee!ed to re#uire an such person as aforesaid to sit
and act as a >ud3e of that 5i3h *ourt unless he consents so to do.
3.C)ri!di&tion of e*i!tin+ Hi+h Co)rt!.- SubAect to the pro4isions of this *onstitution and to
the pro4isions of an la& of the appropriate 6e3islature !ade b 4irtue of po&ers conferred on
that 6e3islature b this *onstitution, the Aurisdiction of, and the la& ad!inistered in, an e+istin3
5i3h *ourt, and the respecti4e po&ers of the >ud3es thereof in relation to the ad!inistration of
Austice in the *ourt, includin3 an po&er to !a'e rules of *ourt and to re3ulate the sittin3s of the
*ourt and of !e!bers thereof sittin3 alone or in ?i4ision *ourts, shall be the sa!e as
i!!ediatel before the co!!ence!ent of this *onstitution $
%ro4ided that an restriction to &hich the e+ercise of ori3inal Aurisdiction b an of the 5i3h *ourts
&ith respect to an !atter concernin3 the re4enue or concernin3 an act ordered or done in the
collection thereof &as subAect i!!ediatel before the co!!ence!ent of this *onstitution shall no
lon3er appl to the e+ercise of such Aurisdiction.
CHAPTER > 1 THE HI;H COURTS IN THE STATES
5.Po$er of Hi+h Co)rt! to i!!)e &ertain $rit!.- (1) 9ot&ithstandin3 anthin3 in ,rticle 32
e4er 5i3h *ourt shall ha4e po&ers, throu3hout the territories in relation to &hich it e+ercise
Aurisdiction, to issue to an person or authorit, includin3 in appropriate cases, an =o4ern!ent,
&ithin those territories directions, orders or &rits, includin3 &rits in the nature of habeas corpus,
!anda!us, prohibitions, #uo &arranto and certiorari, or an of the!, for the enforce!ent of an
of the ri3hts conferred b %art III and for an other purpose.
(2) The po&er conferred b clause (1) to issue directions, orders or &rits to an =o4ern!ent,
authorit or person !a also be e+ercised b an 5i3h *ourt e+ercisin3 Aurisdiction in relation to
the territories &ithin &hich the cause of action , &holl or in part, arises for the e+ercise of such
po&er, not&ithstandin3 that the seat of such =o4ern!ent or authorit or the residence of such
person is not &ithin those territories.
(3) Dhere an part a3ainst &ho! an interi! order, &hether b &a of inAunction or sta or in an
other !anner, is !ade on, or in an proceedin3s relatin3 to, a petition under clause (1), &ithout-
(a) furnishin3 to such part copies of such petition and all docu!ents in support of the plea for
such interi! order" and
(b) 3i4in3 such part an opportunit of bein3 heard, !a'es an application to the 5i3h *ourt for the
4acation of such order and furnishes a cop of such application to the part in &hose fa4our such
order has been !ade or the counsel of such part, the 5i3h *ourt shall dispose of the application
&ithin a period of t&o &ee's fro! the date on &hich it is recei4ed or fro! the date on &hich the
cop of such application is so furnished, &hiche4er is later, or &here the 5i3h *ourt is closed on
the last da of that period, before the e+pir of the ne+t da after&ards on &hich the 5i3h *ourt is
open" and if the application is not so disposed of, the interi! order shall, on the e+pir of that
period, or , as the case !a be, the e+pir of the aid ne+t da, stand 4acated.
(2) The po&er conferred on a 5i3h *ourt b this article shall not be in dero3ation of the po&er
conferred on the Supre!e court b clause (2) of ,rticle 32.
51A.Con!tit)tiona# /a#idity of Centra# #a$! not to "e &on!idered in .ro&eedin+! )nder
Arti&#e 5. (B!ittedC.
6.Po$er of !).erintenden&e o/er a## &o)rt! "y the Hi+h Co)rt.- (1) 74er 5i3h *ourt shall
ha4e superintendence o4er all courts and tribunals throu3hout the territories interrelation to &hich
it e+ercises Aurisdiction.
(2) Dithout preAudice to the 3eneralit of the fore3oin3 pro4isions, the 5i3h *ourt !a -
(a) call for returns fro! such courts"
(b) !a'e and issue 3eneral rules and prescribe for!s for re3ulatin3 the practice and proceedin3s
of such courts" and
; prescribe for!s in &hich boo's, entries and accounts shall be 'ept b the officers of an such
courts.
(3) The 5i3h *ourt !a also settle tables of fees to be allo&ed to the sheriff and all cler's and
officers of such courts and to attornes, ad4ocates and pleaders practisin3 therein$
%ro4ided that an rules !ade, for!s prescribed or tables settled under clause (2) or clause (3)
shall not be inconsistent &ith the pro4ision of an la& for the ti!e bein3 in force, and shall re#uire
the pre4ious appro4al of the =o4ernor.
(2) 9othin3 in this article shall be dee!ed to confer on a 5i3h *ourt po&ers of superintendence
o4er an court or tribunal constituted b or under an la& relatin3 to the ,r!ed Forces.
7. Tran!fer of &ertain &a!e! to Hi+h Co)rt.;
If the 5i3h *ourt is satisified that a case pendin3 in a court subordinate to it in4ol4es a substantial
#uestion of la& as to the interpretation of this *onstitution the deter!ination of &hich is necessar
for the disposal of the case, it shall &ithdra& the case and III !a;.
(a) either dispose of the case itself, or
(b) deter!ine the said #uestion of la& and return the case to the court fro! &hich the case has
been so &ithdra&n to3ether &ith a cop of its Aud3!ent on such #uestion, and the said court shall
on receipt thereof proceed to dispose of the case in confir!it &ith such Aud3!ent.
7A. S.e&ia# .ro/i!ion! a! to di!.o!a# of 0)e!tion re#atin+ to &on!tit)tiona# /a#idity of
State -a$!.;
)ep. b the *onstitution (Fort-third ,!end!ent) ,ct, 1-.., sec. 11, (&.e.f. 13-2-1-.:).
8. Offi&er! and !er/ant! and the e*.en!e! of Hi+h Co)rt!.;
(1) ,ppoint!ents of officers and ser4ants of a 5i3h *ourt shall be !ade b the *hief >ustice of
the *ourt or such other >ud3e or officer of the *ourt as he !a direct$
%ro4ided that the =o4ernor of the State III !a b rule re#uire that in such cases as !a be
specified in the rule no person not alread attached to the *ourt shall be appointed to an office
connected &ith the *ourt sa4e after consultation &ith the State %ublic Ser4ice *o!!ission.
(2) SubAect to the pro4isions of an la& !ade b the 6e3islature of the State, the conditions of
ser4ice of officers and ser4ants of a 5i3h *ourt shall be such as !a be prescribed b rules
!ade b the *hief >ustice of the *ourt or b so!e other >ud3e or officer of the *ourt authorised
b the *hief >ustice to !a'e rules for the purpose$
%ro4ided that the rules !ade under this clause shall, so far as the relate to salaries, allo&ances,
lea4e or pensions, re#uire the appro4al of the =o4ernor of the State III.
(3) The ad!inistrati4e e+penses of a 5i3h *ourt, includin3 all salaries, allo&acnes and pensions
paable to or in respect of the officers and ser4ants of the court, shall be char3ed upon the
*onsolidated Fund of the State, and an fees or other !ones ta'en b the *ourt shall for! part
of that Fund.
'9. E*ten!ion of A)ri!di&tion of Hi+h Co)rt! to Union territorie!.;
(1) %arlia!ent !a b la& e+tend the Aurisdiction of a 5i3h *ourt to, or e+clude the Aurisdiction of
a 5i3h *ourt fro!, an Union territor.
(2) Dhere the 5i3h *ourt of a State e+ercises Aurisdiction in relation to a Union territor$;
(a) nothin3 in this *onstitution shall be construed as e!po&erin3 the 6e3islature of the State to
increase, restrict or abolish that Aurisdiction" and
(b) the reference in article 22. to the =o4ernor shall, in relation to an rules, for!s or tables for
subordinate courts in that territor, be construed as a reference to the %resident.
'1. E!ta"#i!hment of a &ommon Hi+h Co)rt for t$o or more State!.;
(1) 9ot&ithstandin3 anthin3 contained in the precedin3 pro4isions of this *hapter, %arlia!ent
!a b la& establish a co!!on 5i3h *ourt for t&o or !ore States or for t&o or !ore States and
a Union territor.
(2) In relation to an such 5i3h *ourt,;
(a) the reference in article 21. to the =o4ernor of the State shall be construed as a reference to
the =o4ernors of all the States in relation to &hich the 5i3h *ourt e+ercises Aurisdiction"
(b) the reference in article 22. to the =o4ernor shall, in relation to an rules, for!s or tables for
subordinate courts, be construed as a reference to the =o4ernor of the State in &hich the
Subordinate *ourts are situate" and
(c) the reference in articles 21- and 22- to the State shall be construed as a reference to the
State in &hich the 5i3h *ourt has its principal seat$
%ro4ided that if such principal seat is in a Union territor, the references in articles 211 and 22- to
the =o4ernor, %ublic Ser4ice *o!!ission, 6e3islature and *onsolidated Fund of the State shall
be construed respecti4el as references to the %resident, Union %ublic Ser4ice *o!!ission,
%arlia!ent and *onsolidated Fund of India.
'. Omitted "y the Con!tit)tion E6th AmendmentF A&t( 1835.
CHAPTER >I 1 SU@ORDINATE COURTS
''.A..ointment of di!tri&t A)d+e!.- (1) ,ppoint!ents of persons to be, and the postin3 and
pro!otion of, district Aud3es in an State shall be !ade b the =o4ernor of the State in
consultation &ith the 5i3h *ourt e+ercisin3 Aurisdiction in relation to such State.
(2) , person not alread in the ser4ice of the Union or of the State shall onl be eli3ible to be
appointed a district Aud3e if he has been for not less than se4en ears an ad4ocate or a pleader
and is reco!!ended b the 5i3h *ourt for appoint!ent.
''1A.>a#idation of a..ointment! of( and A)d+ment!( et&.( de#i/ered "y( &ertain di!tri&t
A)d+e!.1 Not$ith!tandin+ any A)d+ment( de&ree or order of any &o)rt,-
(a) i) no appoint!ent of an person alread in the Audicial ser4ice of a State or of an person &ho
has been for not less than se4en ears an ad4ocate or a pleader, to be a district Aud3e in that
State, and
ii) no postin3, pro!otion or transfer of an such person as a district Aud3e, !ade at an ti!e
before the co!!ence!ent of the *onstitution (T&entieth ,!end!ent) ,ct, 1-00, other&ise than
in accordance &ith the pro4isions of ,rticle 233 or ,rticle 23/ shall be dee!ed to be ille3al or 4oid
or e4er to ha4e beco!e ille3al or 4oid b reason onl of the fact that such appoint!ent, postin3,
pro!otion or transfer &as not !ade in accordance &ith the said pro4isions"
(b) no Aurisdiction e+ercised, no Aud3!ent, decree, sentence or order passed or !ade, and no
other act or proceedin3 done or ta'en, before the co!!ence!ent of the *onstitution (T&entieth
,!end!ent) ,ct, 1-00 b, or before, an person appointed, posted, pro!oted or transferred as a
district Aud3e in an State other&ise than in accordance &ith the pro4isions of ,rticle 233 or ,rticle
23/ shall be dee!ed to be ille3al or in4alid or e4er to ha4e beco!e ille3al or in4alid b reason
onl of the fact that such appoint!ent, postin3, pro!otion or transfer &as not !ade in
accordance &ith the said pro4isions.
',.Re&r)itment of .er!on! other than di!tri&t A)d+e! to the A)di&ia# !er/i&e.- ,ppoint!ent
of persons other than district Aud3es to the Audicial ser4ice of a State shall be !ade b the
=o4ernor of the State in accordance &ith rules !ade b hi! in that behalf after consultation &ith
the State %ublic Ser4ice *o!!ission and &ith the 5i3h *ourt e+ercisin3 Aurisdiction in relation to
such State.
'3.Contro# o/er !)"ordinate &o)rt!.- The control o4er district courts and courts subordinate
thereto includin3 the postin3 and pro!otion of, and the 3rant of lea4e to, persons belon3in3 to the
Audicial ser4ice of a State and holdin3 an post inferior to the post of district Aud3e shall be 4ested
in the 5i3h *ourt, but nothin3 in this article
shall be construed as ta'in3 a&a fro! an such person an ri3ht of appeal &hich he !a under
the la& re3ulatin3 the conditions of his ser4ice or as authorisin3 the 5i3h *ourt to deal &ith hi!
other&ise than in accordance &ith the conditions of his ser4ice prescribed under such la&.
'5. Inter.retation.- In this *hapter-
(a) the e+pression 8district Aud3e8 includes Aud3e of a cit ci4il court, additional district Aud3e, Aoint
district Aud3e, assistant district Aud3e, chief Aud3e of a s!all cause court, chief presidenc
!a3istrate, additional chief presidenc !a3istrate, sessions Aud3e, additional sessions Aud3e and
assistant sessions Aud3e"
(b) the e+pression 8Audicial ser4ice8 !eans a ser4ice consistin3 e+clusi4el of persons intended to
fill the post of district Aud3e and other ci4il Audicial posts inferior to the post of district Aud3e.
'6.A..#i&ation of the .ro/i!ion! of thi! Cha.ter to &ertain &#a!! or &#a!!e! of
ma+i!trate!.- The =o4ernor !a b public notification direct that the fore3oin3 pro4isions of this
*hapter and an rules !ade thereunder shall &ith effect fro! such date as !a be fi+ed b hi!
in that behalf appl in relation to an class or classes of !a3istrates in the State as the appl in
relation to persons appointed to the Audicial ser4ice of the State subAect to such e+ceptions and
!odifications as !a be specified in the notification.
PART >II1 Re.ea#ed
'7. Omitted "y the Con!tit)tion E6th AmendmentF A&t( 1835
PART >III
THE UNION TERRITORIES
'8.Admini!tration of Union Territorie!.- (1) Sa4e as other&ise pro4ided b %arlia!ent b la&,
e4er Union territor shall be ad!inistered b the %resident actin3, to such e+tent as he thin's fit,
throu3h an ad!inistrator to be appointed b hi! &ith such desi3nation as he !a specif.
(2) 9ot&ithstandin3 anthin3 contained in %art FI, the %resident !a appoint the =o4ernor of a
State as the ad!inistrator of an adAoinin3 Union territor, and &here a =o4ernor is so appointed,
he shall e+ercise his functions as such ad!inistrator independentl of his *ouncil of @inisters.
'81A. Creation of #o&a# -e+i!#at)re! or Co)n&i# of :ini!ter! or "oth for &ertain Union
Territorie!.- (1) %arlia!ent !a b la& create for the Union territor of %ondicherr -
(a) a bod, &hether elected or partl no!inated and partl elected, to function as a 6e3islature for
the Union territor, or
(b) a *ouncil of @inisters, or both &ith such constitution, po&ers and functions, in each case, as
!a be specified in the la&.
(2),n such la& as is referred to in clause (1) shall not be dee!ed to be an a!end!ent of this
*onstitution for the purposes of ,rticle 30: not&ithstandin3 that it contains an pro4ision &hich
a!ends or has the effect of a!endin3 this *onstitution.
'81@.Po$er of admini!trator to .rom)#+ate Ordinan&e! d)rin+ re&e!! of -e+i!#at)re.- (1)If
at an ti!e, e+cept &hen the 6e3islature of the Union territor of %ondicherr is in session, the
ad!inistrator thereof is satisfied that circu!stances e+ist &hich render it necessar for hi! to
ta'e i!!ediate action, he !a pro!ul3ate such Brdinances as the circu!stances appear to hi!
to re#uire$
%ro4ided that no such Brdinance shall be pro!ul3ated b the ad!inistrator e+cept after obtainin3
instructions fro! the %resident in that behalf$
%ro4ided further that &hene4er the said le3islature is dissol4ed, or its functionin3 fro! the
%resident shall be dee!ed to be an ,ct of the 6e3islature of the Union territor &hich has been
dul enacted after co!plin3 &ith the pro4isions in that behalf contained in an such la& as is
referred to in clause (1) of ,rticle 23-,, the ad!inistrator shall not pro!ul3ate an Brdinance
durin3 the period of such dissolution or suspension.
(2) ,n Brdinance pro!ul3ated under this article in pursuance of instructions fro! the %resident
shall be dee!ed to be an ,ct of the 6e3islature of the Union territor &hich has been dul
enacted after co!plin3 &ith the pro4isions in that behalf contained in an such la& as is referred
to in clause (1) of ,rticle 23-,, but e4er such Brdinance-
(a) shall be laid before the 6e3islature of the Union territor and shall cease to operate at the
e+piration of si+ &ee's fro! the reasse!bl of the le3islature or if, before the e+piration of that
period, a resolution disappro4in3 it is passed b the 6e3islature, upon the passin3 of the
resolution" and
(b) !a be &ithdra&n at an ti!e b the ad!inistrator after obtainin3 instructions fro! the
%resident in that behalf.
(3) If and so far as an Brdinance under this article !a'es an pro4ision &hich &ould not be 4alid
if enacted in an ,ct of the 6e3islature of the Union territor !ade after co!plin3 &ith the
pro4isions in that behalf contained in an such la& as is referred to in clause (1) of ,rticle 23-,, it
shall be 4oid.
,9.Po$er of Pre!ident to ma%e re+)#ation! for &ertain Union territorie!.- (1) The %resident
!a !a'e re3ulations for the peace, pro3ress and 3ood 3o4ern!ent of the Union territor of-
(a) the ,nda!an and 9icobar Islands"
(b) 6a'shad&eep"
; ?adra and 9a3ar 5a4eli"
(d) ?a!an and ?iu"
(e) %ondicherr"
%ro4ided that &hen an bod is created under ,rticle 23-, to function as a 6e3islature for the
Union territories of %ondicherr, the %resident shall not !a'e an re3ulation for the peace,
pro3ress and 3ood 3o4ern!ent of that Union territor &ith effect fro! the date appointed for the
first !eetin3 of the 6e3islature$
%ro4ided further that &hene4er the bod functionin3 as a 6e3islature for the Union territor of
%ondicherr is dissol4ed, or the functionin3 of that bod as such 6e3islature re!ains suspended
on account of an action ta'en under an such la& as is referred to in clause (1) of ,rticle 23-,,
the %resident !a, durin3 the period of such dissolution or suspension, !a'e re3ulations for the
peace, pro3ress and 3ood 3o4ern!ent of that Union territor.
(2) ,n re3ulation so !ade !a repeal or a!end an ,ct !ade b %arlia!ent or an other la&
&hich is for the ti!e bein3 applicable to the Union territor and, &hen pro!ul3ated b the
%resident, shall ha4e the sa!e force and effect as an ,ct of %arlia!ent &hich applies to that
territor.
,1.Hi+h Co)rt! for Union territorie!.- (1) %arlia!ent !a b la& constitute a 5i3h *ourt for a
Union territor or declare an court in an such territor to be a 5i3h *ourt for all or an of the
purposes of this *onstitution.
(2) The pro4isions of *hapter F of %art FI shall appl in relation to e4er 5i3h *ourt referred to in
clause (1) as the appl in relation to a 5i3h *ourt referred to in ,rticle 212 subAect to such
!odifications or e+ceptions as %arlia!ent !a b la& pro4ide.
(3) SubAect to the pro4isions of this *onstitution and to the pro4isions of an la& of the
appropriate 6e3islature !ade b 4irtue of po&ers conferred on that 6e3islature b or under this
*onstitution, e4er 5i3h *ourt e+ercisin3 Aurisdiction i!!ediatel before the co!!ence!ent of
the *onstitution (Se4enth ,!end!ent) ,ct, 1-/0, in relation to an Union territor shall continue
to e+ercise such Aurisdiction in relation to that territor after such co!!ence!ent.
(2) 9othin3 in this article dero3ates fro! the po&er of parlia!ent to e+tend or e+clude the
Aurisdiction of a 5i3h *ourt for a State to, or fro!, an Union territor or part thereof.
,.GCoor+.H Re.. "y the Con!tit)tion ESe/enth AmendmentF A&t( 1835( Se&tion 8 and
S&hed)#e.
PART I=1THE PANCHAYATS
,'. Definition!.-
In this %art, unless the conte+t other&ise re#uires,;
(a) ;district; !eans a district in a State"
(b) ;=ra! Sabha; !eans a bod consistin3 of persons re3istered in the electoral rolls relatin3 to
a 4illa3e co!prised &ithin the area of %anchaat at the 4illa3e le4el"
(c) ;inter!ediate le4el; !eans a le4el bet&een the 4illa3e and district le4els specified b the
=o4ernor of a State b public notification to be the inter!ediate le4el for the purposes of this
%art"
(d) ;%anchaat; !eans an institution (b &hate4er na!e called) of self-3o4ern!ent constituted
under article 223B, for the rural areas"
(e) ;%anchaat area; !eans the territorial area of a %anchaat"
(f) ;population; !eans the population as ascertained at the last precedin3 census of &hich the
rele4ant fi3ures ha4e been published"
(3) ;4illa3e; !eans a 4illa3e specified b the =o4ernor b public notification to be a 4illa3e for the
purposes of this %art and includes a 3roup of 4illa3es so specified.
,'A. ;ram Sa"ha.;
, =ra! Sabha !a e+ercise such po&ers and perfor! such functions at the 4illa3e le4el as the
6e3islature of a State !a b la&, pro4ide.
,'@. Con!tit)tion of Pan&hayat!.;
(1) There shall be constituted in e4er State, %anchaats at the 4illa3e, inter!ediate and district
le4els in accordance &ith the pro4isions of this %art.
(2) 9ot&ithstandin3 anthin3 in clause (1), %anchaats at the inter!ediate le4el !a not be
constituted in a State ha4in3 a population not e+ceedin3 t&ent la'hs.
,'C. Com.o!ition of Pan&hayat!.;
(1) SubAect to the pro4isions of this %art, the 6e3islature of a State !a, b la&, !a'e pro4isions
&ith respect to the co!position of %anchats$
%ro4ided that the ratio bet&een the population of the territorial area of a %anchaat at an le4el
and the nu!ber of seats in such %anchaat to be filled b election shall, so far as practicable, be
the sa!e throu3hout the State,
(2) ,ll the seats in a %anchaat shall be filled b persons chosen b direct election fro! territorial
constituencies in the %anchaat area and, for this purpose, each %anchaat area shall be di4ided
into territorial constituencies in such !anner that the ratio bet&een the population of each
constituenc and the nu!ber of seats allotted to it shall, so far as practicable, be the sa!e
throu3hout the %anchaat area.
(3) The 6e3islature of a State !a, b la&, pro4ide for the representation;
(a) of the *hairpersons of the %anchaats at the 4illa3e le4el, in the %anchaats at the
inter!ediate le4el or, in the case of a State not ha4in3 %anchaats at the inter!ediate le4el, in the
%anchaats at the district le4el"
(b) if the *hairpersons of the %anchaats at the inter!ediate le4el, in the %anchaats at the
district le4el"
(c) of the !e!bers of the 5ouse of the %eople and the !e!bers of the 6e3islati4e ,sse!bl of
the State representin3 constituencies &hich co!prise &holl or partl a %anchaat area at a le4el
other than the 4illa3e le4el, in such %anchaat"
(d) of the !e!bers of the *ouncil of States and the !e!bers of the 6e3islati4e *ouncil of the
State, &here the are re3istered as electors &ithin;
(i) a %anchaat area at the inter!ediate le4el, in %anchaat at the inter!ediate le4el"
(ii) a %anchaat area at the district le4el, in %anchaat at the district le4el.
(2) The *hairperson of a %anchaat and other !e!bers of a %anchaat &hether or not chosen
b direct election fro! territorial constituencies in the %anchaat area shall ha4e the ri3ht to 4ote
in the !eetin3s of the %anchaats.
(/) The *hairperson of;
(a) %anchaat at the 4illa3e le4el shall be elected in such !anner as the 6e3islature of a State
!a, b la&, pro4ide" and
(b) a %anchaat at the inter!ediate le4el or district le4el, shall be elected b, and fro! a!on3st,
the elected !e!bers thereof.
,'D. Re!er/ation of !eat!.;
(1) Seats shall be reser4ed for;
(a) the Scheduled *astes" and
(b) the Scheduled Tribes,
in e4er %anchaat and the nu!ber of seats so reser4ed shall bear, as nearl as !a be, the
sa!e proportion to the, total nu!ber of seats to be filled b direct election in that %anchaat as
the population of the Scheduled *astes in that %anchaat area or of the Scheduled Tribes in that
%anchaat area bears to the total population of that area and such seats !a be allotted b
rotation to different constituencies in a %anchaat.
(2) 9ot less than one-third of the total nu!ber of seats reser4ed under clause (1) shall be
reser4ed for &o!en belon3in3, to the Scheduled *astes or, as the case !a be, the Scheduled
Tribes.
(3) 9ot less than one-third (includin3 the nu!ber of seats reser4ed for &o!en belon3in3 to the
Scheduled *astes and the Scheduled Tribes) of the total nu!ber of seats to be filled b direct
election in e4er %anchaat shall be reser4ed for &o!en and such seats !a be allotted b
rotation to different constituencies in a %anchaat.
(2) The offices of the *hairpersons in the %anchaats at the 4illa3e or an other le4el shall be
reser4ed for the Scheduled *astes the Scheduled Tribes and &o!en in such !anner as the
6e3islature of a State !a, b la&, pro4ide$
%ro4ided that the nu!ber of offices of *hairpersons reser4ed for the Scheduled *astes and the
Scheduled Tribes in the %anchaats at each le4el in an State shall bear, as nearl as !a be,
the sa!e proportion to the total nu!ber of such offices in the %anchaats at each le4el as the
population of the Scheduled *astes in the State or of the Scheduled Tribes in the State bears to
the total population of the State$
%ro4ided further that not less than one-third of the total nu!ber of offices of *hairpersons in the
%anchaats at each le4el shall be reser4ed for &o!en$
%ro4ided also that the nu!ber of offices reser4ed under this clause shall be allotted b rotation to
different %anchaats at each le4el.
(/) The reser4ation of seats under clauses (1) and (2) and the reser4ation of offices of
*hairpersons (other than the reser4ation for &o!en) under clause (2) shall cease to ha4e effect
on the e+piration of the period specified in article 332 .
(0) 9othin3 in this %art shall pre4ent the 6e3islature of a State fro! !a'in3 an pro4ision for
reser4ation of seats in an %anchaat or offices of *hairpersons in the %anchaats at an le4el in
fa4our of bac'&ard class of citi<ens.
,'E. D)ration of Pan&hayat!( et&.;
(1) 74er %anchaat, unless sooner dissol4ed under an la& for the ti!e bein3 in force, shall
continue for fi4e ears fro! the date appointed for its first !eetin3 and no lon3er.
(2) 9o a!end!ent of an la& for the ti!e bein3 in force shall ha4e the effect of causin3
dissolution of a %anchaat at an le4el, &hich is functionin3 i!!ediatel before such a!end!ent,
till the e+piration of its duration specified in clause (1).
(3) ,n election to constitute a %anchaat shall be co!pleted;
(a) before the e+pir of its duration specified in clause (1)"
(b) before the e+piration of a period of si+ !onths fro! the date of its dissolution$
%ro4ided that &here the re!ainder of the period for &hich the dissol4ed %anchaat &ould ha4e
continued is less than si+ !onths, it shall not be necessar to hold an election under this clause
for constitutin3 the %anchaat.
(2) , %anchaat constituted upon the dissolution of a %anchaat before the e+piration of its
duration shall continue onl for the re!ainder of the period for &hich the dissol4ed %anchaat
&ould ha4e continued under clause (1) had it not been so dissol4ed.
,'F. Di!0)a#ifi&ation! for mem"er!hi..;
(1) , person shall be dis#ualified for bein3 chosen as, and for bein3, a !e!ber of a %anchaat;
(a) if he is so dis#ualified b or under an la& for the ti!e bein3 in force for the purposes of
elections to the 6e3islature of the State concerned$
%ro4ided that no person shall be dis#ualified on the 3round that be is less than t&ent-fi4e ears
of a3e, if he has attained the a3e of t&ent-one ears"
(b) if he is so dis#ualified b or under an la& !ade b the 6e3islature of the State.
(2) If an #uestion arises as to &hether a !e!ber of a %anchaat has beco!e subAect to an of
the dis#ualifications !entioned in clause (1), the #uestion shall be referred for the decision of
such authorit and in such !anner as the 6e3islature of a State !a, b la&, pro4ide.
,';. Po$er!( a)thority and re!.on!i"i#itie! of Pan&hayat!.;
SubAect to the pro4isions of this *onstitution the 6e3islature of a State !a, b la&, endo& the
%anchaats &ith such po&ers and authorit and !a be necessar to enable the! to function as
institutions of self-3o4ern!ent and such la& !a contain pro4isions for the de4olution of po&ers
and responsibilities upon %anchaats, at the appropriate le4el, subAect to such conditions as !a
be specified therein, &ith respect to;
(a) the preparation of plans for econo!ic de4elop!ent and social Austice"
(b) the i!ple!entation of sche!es for econo!ic de4elop!ent and social Austice as !a be
entrusted to the! includin3 those in relation to the !atters listed in the 7le4enth Schedule.
,'H. Po$er! to im.o!e ta*e! "y( and f)nd! of( the Pan&hayat!.;
The 6e3islature of a State !a, b la&,;
(a) authorise a %anchaat to le4, collect and appropriate such ta+es, duties, tolls and fees in
accordance &ith such procedure and subAect to such li!its"
(b) assi3n to a %anchaat such ta+es, duties, tolls and fees le4ied and collected b the State
=o4ern!ent for such purposes and subAect to such conditions and li!its"
(c) pro4ide for !a'in3 such 3rants-in-aid to the %anchaats fro! the *onsolidated Fund of the
State" and
(d) pro4ide for constitution of such Funds for creditin3 all !ones recei4ed, respecti4el, b or on
behalf of the %anchaats and also for the &ithdra&al of such !ones therefro!,
as !a be specified in the la&.
,'I. Con!tit)tion of finan&e Commi!!ion! to re/ie$ finan&ia# .o!ition.;
(1) The =o4ernor of a State shall, as soon as !a be &ithin one ear fro! the co!!ence!ent of
the *onstitution (Se4ent-third ,!end!ent) ,ct, 1--2, and thereafter at the e+piration of e4er
fifth ear, constitute a Finance *o!!ission to re4ie& the financial position of the %anchaats and
to !a'e reco!!endations to the =o4ernor as to;
(a) the principles &hich should 3o4ern;
(i) the distribution bet&een the State and the %anchaats of the net proceeds of the ta+es, duties,
tolls and fees le4iable b the State, &hich !a be di4ided bet&een the! under this %art and the
allocation bet&een the %anchaats at all le4els of their respecti4e shares of such proceeds"
(ii) the deter!ination of the ta+es, duties, tolls and fees &hich !a be assi3ned to, or
appropriated b, the %anchaats"
(iii) the 3rants-in-aid to the %anchaats fro! the *onsolidated Fund of the State"
(b) the !easures needed to i!pro4e the financial position of the %anchaats"
(c) an other !atter referred to the Finance *o!!ission b the =o4ernor in the interests of
sound finance of the %anchaats.
(2) The 6e3islature of a State !a, b la&, pro4ide for the co!position of the *o!!ission, the
#ualifications &hich shall be re#uisite for appoint!ent as !e!bers thereof and the !anner in
&hich the shall be selected.
(3) The *o!!ission shall deter!ine their procedure and shall ha4e such po&ers in the
perfor!ance of their functions as the 6e3islature of the State !a, b la&, confer on the!,
(2) The =o4ernor shall cause e4er reco!!endation !ade b the *o!!ission under this article
to3ether &ith an e+planator !e!orandu! as to the action ta'en thereon to be laid before the
6e3islature of the State.
,'C. A)dit of a&&o)nt! of Pan&hayat!.;
The 6e3islature of a State !a, b la&, !a'e pro4isions &ith respect to the !aintenance of
accounts b the %anchaats and the auditin3 of such accounts.
,'I. E#e&tion! to the Pan&hayat!.;
The superintendence, direction and control of the preparation of electoral rolls for, and the
conduct of, all elections to the %anchaats shall be 4ested in a State 7lection *o!!ission
consistin3 of a State 7lection *o!!issioner to be appointed b the =o4ernor.
(2) SubAect to the pro4isions of an la& !ade b the 6e3islature of a State the conditions of
ser4ice and tenure of office of the State 7lection *o!!issioner shall be such as the =o4ernor
!a b rule deter!ine$
%ro4ided that the State 7lection *o!!issioner shall not be re!o4ed fro! his office e+cept in li'e
!anner and on the li'e 3round as a >ud3e of a 5i3h *ourt and the conditions of ser4ice of the
State 7lection *o!!issioner shall not be 4aried to his disad4anta3e after his appoint!ent.
(3) The =o4ernor of a State shall, &hen so re#uested b the State 7lection *o!!ission, !a'e
a4ailable to the State 7lection *o!!ission such staff as !a be necessar for the dischar3e of
the functions conferred on the State 7lection *o!!ission b clause (1).
(2) SubAect to the pro4isions of this *onstitution, the 6e3islature of a State !a, b la&, !a'e
pro4ision &ith respect to all !atters relatin3 to, or in connection &ith, elections to the %anchaats.
,'-. A..#i&ation to Union territorie!.;
The pro4isions of this %art shall appl to the Union territories and shall, in their application to a
Union territor, ha4e effect as if the references to the =o4ernor of a State &ere references to the
,d!inistrator of the Union territor appointed under 23- and references to the 6e3islature or the
6e3islati4e ,sse!bl of a State &ere references, in relation to a Union territor ha4in3 a
6e3islati4e ,sse!bl, to that 6e3islati4e ,sse!bl$
%ro4ided that the %resident !a, b public notification, direct that the pro4isions of this %art shall
appl to an Union territor or part thereof subAect to such e+ceptions and !odifications as he
!a specif in the notification.
,':. Part not to a..#y to &ertain area!.;
(1) 9othin3 in this %art shall appl to the Scheduled ,reas referred to in clause (1), and the tribal
areas referred to in clause (2), of article 222.
(2) 9othin3 in this %art shall appl to;
(a) the States of 9a3aland, @e3halaa and @i<ora!"
(b) the 5ill areas in the State of @anipur for &hich ?istrict *ouncils e+ist under an la& for the
ti!e bein3 in force.
(3) 9othin3 in this %art;
(a) relatin3 to %anchaats at the district le4el shall appl to the 5ill areas of the ?istrict of
?arAeelin3 in the State of Dest Ben3al for &hich ?arAeelin3 =or'ha 5ill *ouncil e+ists under an
la& for the ti!e bein3 in force"
(b) shall be construed to affect the functions and po&ers of the ?arAeelin3 =or'ha 5ill *ouncil
constituted under such la&.
(2) 9ot&ithstandin3 anthin3 in this *onstitution;
(a) the 6e3islature of a State referred to in sub-clause (a) of clause (2) !a, b la&, e+tend this
%art to that State, e+cept the areas, if an, referred to in clause (1), if the 6e3islati4e ,sse!bl of
that State passes a resolution to that effect b a !aAorit of the total !e!bership of that 5ouse
and b a !aAorit of not less than t&o-thirds of the !e!bers of that house present and 4otin3"
(b) %arlia!ent !a, b la&, e+tend the pro4isions of this %art to the Scheduled ,reas and the
tribal areas referred to in clause (1) subAect to such e+ceptions and !odifications as !a be
specified in such la&, and no such la& shall be dee!ed to be an a!end!ent of this *onstitution
for the purposes of ,rticle 30:.
,'N. Contin)an&e of e*i!tin+ #a$! and Pan&hayat!.;
9ot&ithstandin3 anthin3 in this %art, an pro4ision of an la& relatin3 to %anchaats in force in a
State i!!ediatel before co!!ence!ent of the *onstitution (Se4ent-third ,!end!ent) ,ct,
1--2, &hich is inconsistent &ith the pro4isions of this part, shall continue to be in force until
a!ended or repealed b a co!petent 6e3islature other co!petent authorit or until the e+piration
of one ear fro! such co!!ence!ent &hiche4er is earlier$
%ro4ided that all the %anchaats e+istin3 i!!ediatel before such co!!ence!ent shall continue
till the e+piration of their duration, unless sooner dissol4ed b a resolution passed to that effect b
the 6e3islati4e ,sse!bl of that State or, in the case of a State ha4in3 a 6e3islati4e *ouncil, b
each house of the 6e3islature of that State.
,'O. @ar to interferen&e "y &o)rt! in e#e&tora# matter!.;
9ot&ithstandin3 anthin3 in this *onstitution;
(a) the 4alidit of an la& relatin3 to the deli!itation of constituencies or the allot!ent of seats to
such constituencies !ade or purportin3 to be !ade under article 223E, shall not be called in
#uestion in an court"
(b) no election to an %anchaat shall be called in #uestion e+cept b an election petition
presented to such authorit and in such !anner as is pro4ided for b or under an 6a& !ade b
the le3islature of a State.
E#e&tion Pro&e!! E;ram Pan&hayat!F

PART I= A1THE :UNICIPA-ITIES
,'P. Definition!.-
In this %art, unless the conte+t other&ise re#uires,;
(a) ;*o!!ittee; !eans a *o!!ittee constituted under article 223S"
(b) ;district; !eans a district in a State"
(c) ;@etropolitan area; !eans an area ha4in3 a population of ten la'hs or !ore, co!prised in
one or !ore districts and consistin3 of t&o or !ore @unicipalities or %anchaats or other
conti3uous areas, specified b the =o4ernor b public notification to be @etropolitan area for the
purposes of this %art"
(d) ;@unicipal area; !eans the territorial area of a @unicipalit as is notified b the =o4ernor"
(e) ;@unicipalit; !eans an institution of self-3o4ern!ent constituted under ,rticle 223J "
(f) ;%anchaat; !eans a %anchaat constituted under ,rticle 223B"
(3) ;population; !eans the population as ascertained at the last precedin3 census of &hich the
rele4ant fi3ures ha4e been published.
,'<. Con!tit)tion of :)ni&i.a#itie!.;
(1) There shall be constituted in e4er State,;
(a) a 9a3ar %anchaat (b &hate4er na!e called) for a transitional area, that is to sa, an area in
transition fro! a rural area to an urban area.
(b) a @unicipal *ouncil for a s!aller urban area" and
(c) a @unicipal *orporation for a lar3er urban area,
in accordance &ith the pro4isions of this %art$
%ro4ided that a @unicipalit under this clause !a not be constituted in such urban area or part
thereof as the =o4ernor !a, ha4in3 re3ard to the si<e of tile area and the !unicipal ser4ices
bein3 pro4ided or proposed to be pro4ided b an industrial establish!ent in that area and such
other factors as he !a dee! fit, b public notification, specif to be an industrial to&nship.
(2) In this article, ;a transitional area;, ;a s!aller urban area; or ;a lar3er urban area; !eans
such area as the =o4ernor !a, ha4in3 re3ard to the population of the area, the densit of the
population therein, the re4enue 3enerated for local ad!inistration, the percenta3e of e!plo!ent
in non-a3ricultural acti4ities, the econo!ic i!portance or such other factors as he !a dee! fit,
specif b public notification for the purposes of this %art.
,'R. Com.o!ition of :)ni&i.a#itie!.;
(1) Sa4e as pro4ided in clause (2), all the seats in a @unicipalit shall be filled b persons chosen
b direct election fro! the territorial constituencies in the @unicipal area and for this purpose
each @unicipal area shall be di4ided into territorial constituencies to be 'no&n as &ards.
(2) The 6e3islature of a State !a, b la&, pro4ide;
(a) for the representation in a @unicipalit of;
(i) persons ha4in3 special 'no&led3e or e+perience in @unicipal ad!inistration"
(ii) the !e!bers of the 5ouse of the %eople and the !e!bers of the 6e3islati4e ,sse!bl of the
State representin3 constituencies &hich co!prise &holl or partl the @unicipal area"
(iii) the !e!bers of the *ouncil of States and the !e!bers of the 6e3islati4e *ouncil of the State
re3istered electors &ithin tile @unicipal area"
(i4) the *hairpersons of the *o!!ittees constituted under clause (/) of article 223S$
%ro4ided that the persons referred to in para3raph (i) shall not ha4e the ri3ht to 4ote in the
!eetin3s of the @unicipalit"
(b) the !anner of election of the *hairperson of a @unicipalit.
,'S. Con!tit)tion and &om.o!ition of $ard! Committee!( et&.;
(1) There shall be constituted Dards *o!!ittees, consistin3 of one or !ore Dards, &ithin the
territorial area of a @unicipalit ha4in3 a population of three la'hs or !ore.
(2) The 6e3islature of a State !a, b la&, !a'e pro4ision &ith respect to;
(a) the co!position and the territorial area of a Dards *o!!ittee"
(b) the !anner in &hich the seats in a Dards *o!!ittee shall be filled.
(3) , !e!ber of a @unicipalit representin3 a &ard &ithin the territorial area of the Dards
*o!!ittee shall be a !e!ber of that *o!!ittee.
(2) Dhere a Dards *o!!ittee consists of;
(a) one &ard, the !e!ber representin3 that &ard in the @unicipalit" or
(b) t&o or !ore &ards, one of the !e!bers representin3 such &ards in the @unicipalit elected
b the !e!bers of the Dards *o!!ittee,
shall be the *hairperson of that *o!!ittee.
(/) 9othin3 in this article shall be dee!ed to pre4ent the 6e3islature of a State fro! !a'in3 an
pro4ision for the *onstitution of *o!!ittees in addition to the Dards *o!!ittees.
,'T. Re!er/ation of !eat!.;
(1) Seats shall be reser4ed for the Scheduled *astes and the Scheduled Tribes in e4er
@unicipalit and the nu!ber of seats so reser4ed shall bear, as nearl as !a be, the sa!e
proportion to the total nu!ber of seats to be filled b direct election in that @unicipalit as the
population of the Scheduled *astes in the @unicipal area or of the Scheduled Tribes in the
@unicipal area bears to the total population of that area and such seats !a be allotted b
rotation to different constituencies in a @unicipalit.
(2) 9ot less than one-third of the total nu!ber of seats reser4ed under clause (1) shall be
reser4ed for &o!en belon3in3 to the Scheduled *astes or, as the case !a be, the Scheduled
Tribes.
(3) 9ot less than one-third (includin3 the nu!ber of seats reser4ed for &o!en belon3in3 to the
Scheduled *astes and the Scheduled Tribes) of the total nu!ber of seats to be filled b direct
election in e4er @unicipalit shall be reser4ed for &o!en and such seats !a be allotted b
rotation to different constituencies in a @unicipalit.
(2) The offices of *hairpersons in the @unicipalities shall be reser4ed for the Scheduled *astes,
the Scheduled Tribes and &o!en in such !anner as the 6e3islature of a State !a, b la&,
pro4ide.
(/) The reser4ation of seats under clauses (1) and (2) and the reser4ation of offices of
*hairpersons (other than the reser4ation for &o!en) under clause (2) shall cease to ha4e effect
on the e+piration of the period specified in article 332 .
(0) 9othin3 in this %art shall pre4ent the 6e3islature of a State fro! !a'in3 an pro4ision for
reser4ation of seats in an @unicipalit or offices of *hairpersons in the @unicipalities in fa4our of
bac'&ard class of citi<ens.
,'U. D)ration of :)ni&i.a#itie!( et&.;
(1) 74er @unicipalit, unless sooner dissol4ed under an la& for the ti!e bein3 in force, shall
continue for fi4e ears fro! the date appointed for its first !eetin3 and no lon3er$
%ro4ided that a @unicipalit shall be 3i4en a reasonable opportunit of bein3 heard before its
dissolution.
(2) 9o a!end!ent of an la& for the ti!e bein3 in force shall ha4e the effect of causin3
dissolution of a @unicipalit at an le4el, &hich is functionin3 i!!ediatel before such
a!end!ent, till the e+piration of its duration specified in clause (1).
(3) ,n election to *onstitute a @unicipalit shall be co!pleted,;
(a) before the e+pir of its duration specified in clause (1)"
(b) before the e+piration of a period of si+ !onths fro! the date of its dissolution$
%ro4ided that &here the re!ainder of the period for &hich the dissol4ed @unicipalit &ould ha4e
continued is less than si+ !onths, it shall not be necessar to hold an election under this clause
for constitutin3 the @unicipalit for such period.
(2) , @unicipalit constituted upon the dissolution of a @unicipalit before the e+piration of its
duration shall continue onl for the re!ainder of the period for &hich the dissol4ed @unicipalit
&ould lea4e continued. under, clause (1) had it not been so dissol4ed.
,'>. Di!0)a#ifi&ation! for mem"er!hi..;
(1) , person shall be dis#ualified for bein3 chosen as, and for bein3 a !e!ber of a @unicipalit;
(a) if he is so dis#ualified b or under an la& for the ti!e bein3 in force for the purposes of
elections to the 6e3islature of the State concerned$
%ro4ided that no person shall be dis#ualified on the 3round that he is less than t&ent-fi4e ears
of a3e, if he has attained the a3e, of t&ent-one ears"
(b) if he is so dis#ualified b or under an la& !ade b the 6e3islature of the State.
(2) If an #uestion arises as to &hether a !e!ber of a @unicipalit has beco!e subAect to an of
the dis#ualifications !entioned in clause (1), the #uestion shall be referred for the decision of
such authorit and in such !anner as the 6e3islature of a State !a, b la&, pro4ide.
,'?. Po$er!( a)thority and re!.on!i"i#itie! of :)ni&i.a#itie!( et&.;
SubAect to the pro4isions of this *onstitution, the 6e3islature of a State !a, b la&, endo&;
(a) the @unicipalities &ith such po&ers and authorit as !a be necessar to enable the! to
function as institutions of self-3o4ern!ent and such la& !a contain pro4isions for the de4olution
of po&ers and responsibilities upon @unicipalities, subAect to such conditions as !a be specified
therein, &ith respect to;
(i) the preparation of plans for econo!ic de4elop!ent and social Austice"
(ii) the perfor!ance of functions and the i!ple!entation of sche!es as !a be entrusted to the!
includin3 those in relation to the !atters listed in the T&elfth Schedule"
(b) the *o!!ittees &ith such po&ers and authorit as !a be necessar to enable the! to carr
out the responsibilities conferred upon the! includin3 those in relation to the !atters listed in the
T&elfth Schedule.
,'=. Po$er to im.o!e ta*e! "y( and f)nd!( of( the :)ni&i.a#itie!.;
The 6e3islature of a State !a, b la&;
(a) authorise a @unicipalit to le4, collect and appropriate such ta+es, duties, tolls and fees in
accordance &ith such procedure and subAect to such li!its"
(b) assi3n to a @unicipalit such ta+es, duties, tolls and fees le4ied and collected b the State-
=o4ern!ent for such purposes and subAect to such conditions and li!its"
(c) pro4ide for !a'in3, such 3rants-in-aid to the @unicipalities fro! the *onsolidated Fund of the
State" and
(d) pro4ide for constitution of such Funds for creditin3 all !ones recei4ed. respecti4el, b or on
behalf of the @unicipalities and also for the &ithdra&al of such !ones therefro!,
as !a be specified in the la&.
,'Y. Finan&e Commi!!ion.;
(1) The Finance *o!!ission constituted under article 223-I shall also re4ie& the financial
position of the @unicipalities and !a'e reco!!endations to the =o4ernor as to;
(a) the principles &hich should 3o4ern;
(i) the distribution bet&een the State and the @unicipalities of the net proceeds of the ta+es,
duties, tolls and fees le4iable b the State, &hich !a be di4ided bet&een the! under this %art
and the allocation bet&een the @unicipalities at all le4els of their respecti4e shares of such
proceeds"
(ii) the deter!ination of the ta+es, duties, tolls and fees &hich !a be assi3ned to, or
appropriated b, the @unicipalities"
(iii) the 3rants-in-aid to the @unicipalities fro! the *onsolidated Fund of the State"
(b) the !easures needed to i!pro4e the financial position of the @unicipalities"
(c) an other !atter referred to the Finance *o!!ission b the =o4ernor in the interests of
sound finance of the @unicipalities.
(2) The =o4ernor shall cause e4er reco!!endation !ade b the *o!!ission under this article
to3ether &ith an e+planator !e!orandu! as to the action ta'en thereon to be laid before the
6e3islature of the State.
,'2. A)dit of a&&o)nt! of :)ni&i.a#itie!.;
The 6e3islature of a State !a, b la&, !a'e pro4isions &ith respect to the !aintenance of
accounts b the @unicipalities and the auditin3 of such accounts.
,'2A. E#e&tion! to the :)ni&i.a#itie!.;
(1) The superintendence, direction and control of the preparation of electoral rolls for, and the
conduct of, all elections to the @unicipalities shall be 4ested in the State 7lection *o!!ission
referred to in article 223E.
(2) SubAect to pro4isions of this *onstitution, the 6e3islature of a State !a, b la&, !a'e
pro4ision &ith respect to all !atters relatin3 to, or in connection &ith, elections to the
@unicipalities.
,'2@. A..#i&ation to Union territorie!.;
The %ro4isions of this %art shall appl to the Union territories and shall, in their application to a
Union territor, ha4e effect as if the references to the =o4ernor of a State &ere references to the
,d!inistrator of the Union territor appointed under article 23- and references to the 6e3islature
or the 6e3islati4e ,sse!bl of a State &ere references in relation to a Union territor ha4in3 a
6e3islati4e ,sse!bl, to that 6e3islati4e ,sse!bl$
%ro4ided that the %resident !a, b public notification, direct that the pro4isions of this %art shall
appl to an Union territor or part thereof subAect to such e+ceptions and !odifications as he
!a specif in the notification.
,'2C. Part not to a..#y to &ertain area!.;
(1) 9othin3 in this %art shall appl to the Scheduled ,reas referred to in *lause (1), and the tribal
areas referred to in *lause (2), of article 222.
(2) 9othin3 in this part shall be construed to affect the functions and po&ers of the ?arAeelin3
=or'ha 5ill *ouncil constituted under an la& for the ti!e bein3 in force for the hill areas of the
district of ?arAeelin3 in the State of Dest Ben3al.
(3) 9ot&ithstandin3 anthin3 in this *onstitution, %arlia!ent !a, b la&, e+tend the pro4isions of
this %art to the Scheduled ,reas and the Tribal ,reas referred to in clause (1) subAect to such
e+ceptions and !odifications as !a be specified in such la&, and no such la& shall be dee!ed
to be an a!end!ent of this *onstitution for the purposes of article 30:.
,'2D. Committee for di!tri&t .#annin+.;
(1) There shall be constituted in e4er State at the district le4el a ?istrict %lannin3 *o!!ittee to
consolidate the plans prepared b the %anchaats and the @unicipalities in the district and to
prepare a draft de4elop!ent plan for the district as a &hole.
(2) The 6e3islati4e of a State !a, b la&, !a'e pro4ision &ith respect to;
(a) the co!position of the ?istrict %lannin3 *o!!ittees"
(b) the !anner in &hich the seats in such *o!!ittees shall be filled$
%ro4ided that not less than four-fifths of the total nu!ber of !e!bers of such *o!!ittee shall be
elected b, and fro! a!on3st, the elected !e!bers of the %anchaat at the district le4el and of
the @unicipalities in the district in proportion to the ratio bet&een the population of the rural areas
and of the urban areas in the district"
(c) the functions relatin3 to district plannin3 &hich !a be assi3ned to such *o!!ittees"
(d) the !anner in &hich the *hairpersons of such *o!!ittees be chosen.
(3) 74er ?istrict %lannin3 *o!!ittee shall, in preparin3 the draft de4elop!ent plan,;
(a) ha4e re3ard to;
(i) !atters of co!!on interest bet&een the %anchaats and the @unicipalities includin3 spatial
plannin3, sharin3 of &ater and other phsical and natural resources, the inte3rate de4elop!ent of
infrastructure and en4iron!ental conser4ation"
(ii) the e+tent and tpe of a4ailable resources &hether financial or other&ise"
(b) consult such institutions and or3ani<ations as the =o4ernor !a, b order, specif.
(2) The *hairperson of e4er ?istrict %lannin3 *o!!ittee shall for&ard the de4elop!ent plan, as
reco!!ended b such *o!!ittee, to the =o4ern!ent of the State.
,'2E. Committee for :etro.o#itan P#annin+.;
(1) There shall be constituted in e4er @etropolitan, area a @etropolitan %lannin3 *o!!ittee to
prepare a draft de4elop!ent plan for the @etropolitan area as a &hole.
(2) The 6e3islature of a State !a, b la&, !a'e &ith respect to;
(a) the co!position of the @etropolitan %lannin3 *o!!ittees"
(b) the !anner in &hich the seats in such *o!!ittees shall be filled$
%ro4ided that not less than t&o-thirds of the !e!bers of such *o!!ittee shall be elected b, and
fro! a!on3st, the elected !e!bers of the @unicipalities and *hairpersons of the %anchaats in
the, @etropolitan area in proportion to the ratio bet&een the population of the @unicipalities and
of the %anchaats in that area"
(c) the representation, in such *o!!ittees of the =o4ern!ent of India and the =o4ern!ent of the
State and of such or3anisations and institutions as !a be dee!ed necessar for carrin3 out the
functions assi3ned to such *o!!ittees"
(d) the functions relatin3 to plannin3 and coordination for the @etropolitan area &hich !a be
assi3ned to such *o!!ittees"
(e) the !anner in &hich the *hairpersons of such *o!!ittees shall be chosen.
(3) 74er @etropolitan %lannin3 *o!!ittee shall, in preparin3 the draft de4elop!ent plan,;
(a) ha4e re3ard to;
(i) the plans prepared b the @unicipalities and the %anchaats in the @etropolitan area"
(ii) !atters of co!!on interest bet&een the @unicipalities and the %anchaats, includin3 co-
ordinated spatial plannin3 of the area, sharin3 of &ater and other phsical and natural resources,
the inte3rated de4elop!ent of infrastructure and en4iron!ental conser4ation"
(iii) the o4erall obAecti4es and priorities set b the =o4ern!ent of India and the =o4ern!ent of the
State"
(i4) the e+tent and nature of in4est!ents li'el to be !ade in the @etropolitan area b a3encies of
the =o4ern!ent of India and of the =o4ern!ent of the State and other a4ailable resources
&hether financial or other&ise"
(b) consult such institutions and or3anisations as the =o4ernor !a, b order, specif.
(2) The *hairperson of e4er @etropolitan %lannin3 *o!!ittee shall for&ard the de4elop!ent
plan, as reco!!ended b such *o!!ittee, to the =o4ern!ent of the State.
,'2F. Contin)an&e of e*i!tin+ #a$! and :)ni&i.a#itie!.;
9ot&ithstandin3 anthin3 in this %art, an pro4ision of an la& relatin3 to @unicipalities in force in
a State i!!ediatel before the co!!ence!ent of the *onstitution (Se4ent-fourth ,!end!ent)
,ct, 1--2, &hich is inconsistent &ith the pro4isions of this %art, shall continue to be in force until
a!ended or repealed b a co!petent 6e3islature or other co!petent authorit or until the
e+piration of one ear fro! such co!!ence!ent, &hiche4er is earlier$
%ro4ided that all the @unicipalities e+istin3 i!!ediatel before such co!!ence!ent shall
continue till the e+piration of their duration, unless sooner dissol4ed b a resolution passed to that
effect b the 6e3islati4e ,sse!bl of that State or, in the case of a State ha4in3 a 6e3islati4e
*ouncil, b each 5ouse of the 6e3islature of that State.
,'2;. @ar to interferen&e "y &o)rt! in e#e&tora# matter!.;
9ot&ithstandin3 anthin3 in this *onstitution,;
(a) the 4alidit of an la& relatin3 to the deli!itation of constituencies or the allot!ent of seats to
such constituencies, !ade or purportin3 to be !ade under article 223K, shall not be called in
#uestion in an court"
(b) no election to an @unicipalit shall be called in #uestion e+pect b an election petition
presented to such authorit and in such !anner as is pro4ided for b or under an la& !ade b
the 6e3islature of a State.
PART =1THE SCHEDU-ED AND TRI@A- AREAS
,,.Admini!tration of S&hed)#ed Area! and Tri"a# Area!.- (1) The pro4isions of the Fifth
Schedule shall appl to the ad!inistration and control of the Scheduled ,reas and Scheduled
Tribes in an State other than the States of ,ssa! @e3halaa, Tripura and @i<ora!.
,,1A. Formation of an a)tonomo)! State &om.ri!in+ &ertain tri"a# area! in A!!am and
&reation of #o&a# -e+i!#at)re or Co)n&i# of :ini!ter! or "oth therefor.- (1) 9ot&ithstandin3
anthin3 in this *onstitution, %arlia!ent !a, b la&, for! &ithin the State of ,ssa! an
autono!ous State co!prisin3 (&hether &holl or in part) all or an of the tribal areas specified in
%art I of the table appended to para3raph 21 of the Si+th Schedule and create therefor-
(a) a bod, &hether elected or partl no!inated and partl elected, to function as a 6e3islature for
the autono!ous State, or
(b) a *ouncil of @inisters,or both &ith such constitution, po&ers and functions, in each case, as
!a be specified in the la&.
(2) ,n such la& as is referred to in clause (1) !a, in particular,-
(a) specif the !atters enu!erated in the State 6ist or the *oncurrent 6ist &ith respect to &hich
the le3islature of the autono!ous State shall ha4e po&er to !a'e la&s for the &hole or an part
thereof, &hether to the e+clusion of the 6e3islature of the State of ,ssa! or other&ise"
(b) define the !atters &ith respect to &hich the e+ecuti4e po&er of the autono!ous State shall
e+tend"
; pro4ide that an ta+ le4ied b the State of ,ssa! shall be assi3ned to the autono!ous State in
so far as the proceeds thereof are attributable to the autono!ous State"
(d) pro4ide that an reference to a State in an article of this *onstitution shall be construed as
includin3 a reference to the autono!ous State" and
(e) !a'e such supple!ental, incidental and conse#uential pro4isions as !a be dee!ed
necessar.
(3) ,n a!end!ent of an such la& as aforesaid in so far as such a!end!ent relates to an of
the !atters specified in sub-clause (a) or sub-clause (b) of clause (2) shall ha4e no effect unless
the a!end!ent is passed in each 5ouse of %arlia!ent b not less than t&o-thirds of the
!e!bers present and 4otin3.
(2) ,n such la& as is referred to in this article shall not be dee!ed to be an a!end!ent of this
*onstitution for the purposes of ,rticle 30: not&ithstandin3 that it contains an pro4ision &hich
a!ends or has the effect of a!endin3 this *onstitution.
PART =I1RE-ATIONS @ET?EEN THE UNION AND THE STATES
CHAPTER I 1 -E;IS-ATI>E RE-ATIONS
Di!tri")tion of -e+i!#ati/e Po$er!
,3.E*tent of #a$! made "y Par#iament and "y the -e+i!#at)re! of State!.- (1) SubAect to the
pro4isions of this *onstitution, %arlia!ent !a !a'e la&s for the &hole or an part of the territor
of India, and the 6e3islature of a State !a !a'e la&s for the &hole or an part of the State.
(2) 9o la& !ade b %arlia!ent shall be dee!ed to be in4alid on the 3round that it &ould ha4e
e+tra-territorial operation.
,5.S)"Ae&t1matter of #a$! made "y Par#iament and "y the -e+i!#at)re! of State!.- (1)
9ot&ithstandin3 anthin3 in clauses(2) and (3), %arlia!ent has e+clusi4e po&er to !a'e la&s
&ith respect to an of the !atters enu!erated in 6ist I in the Se4enth Schedule (in this
*onstitution referred to as the 8Union 6ist8).
(2) 9ot&ithstandin3 anthin3 in clause (3), %arlia!ent, and, subAect to clause (1), the 6e3islature
of an State also, ha4e po&er to !a'e la&s &ith respect to an of the !atters enu!erated in 6ist
III in the Se4enth Schedule (in this *onstitution referred to as the 8*oncurrent 6ist8).
(2) %arlia!ent has po&er to !a'e la&s &ith respect to an !atter for an part of the territor of
India not included (in a State) not&ithstandin3 that such !atter is a !atter enu!erated in the
State 6ist.
,6.Po$er of Par#iament to .ro/ide for the e!ta"#i!hment of &ertain additiona# &o)rt!.-
9ot&ithstandin3 anthin3 in this *hapter, %arlia!ent !a b la& pro4ide for the establish!ent of
an additional courts for the better ad!inistration of la&s !ade b %arlia!ent or of an e+istin3
la&s &ith respect to a !atter enu!erated in the Union 6ist.
,7.Re!id)ary .o$er! of #e+i!#ation.- (1)%arlia!ent has e+clusi4e po&er to !a'e an la& &ith
respect to an !atter not enu!erated in the *oncurrent 6ist or State 6ist.
(2) Such po&er shall include the po&er of !a'in3 an la& i!posin3 a ta+ not !entioned in either
of those 6ists.
,8.Po$er of Par#iament to #e+i!#ate $ith re!.e&t to a matter in the State -i!t in the
nationa# intere!t.- (1) 9ot&ithstandin3 anthin3 in the fore3oin3 pro4isions of this *hapter, if the
*ouncil of States has declared b resolution supported b not less than t&o-thirds of the
!e!bers present and 4otin3 that it is necessar or e+pedient in national interest that %arlia!ent
should !a'e la&s &ith respect to an !atter enu!erated in the State 6ist specified in the
resolution, it shall be la&ful for %arlia!ent to !a'e la&s for the &hole or an part of the territor of
India &ith respect to that !atter &hile the resolution re!ains in force.
(2) , resolution passed under clause (1) shall re!ain in force for such period not e+ceedin3 one
ear as !a be specified therein$
%ro4ided that, if and so often as a resolution appro4in3 the continuance in force of an such
resolution is passed in the !anner pro4ided in clause (1), such resolution shall continue in force
for a further period of one ear fro! the date on &hich under this clause it &ould other&ise ha4e
ceased to be in force.
(3) , la& !ade b %arlia!ent &hich %arlia!ent &ould not but for the passin3 of a resolution
under clause (1) ha4e been co!petent to !a'e shall, to the e+tent of the inco!petenc, cease to
ha4e effect on the e+piration of a period of si+ !onths after the resolution has ceased to be in
force, e+cept as respects thin3s done or o!itted to be done before the e+piration of the said
period.
39.Po$er of Par#iament to #e+i!#ate $ith re!.e&t to any matter in the State -i!t if a
Pro&#amation of Emer+en&y i! in o.eration.- (1) 9ot&ithstandin3 anthin3 in this *hapter,
%arlia!ent shall, &hile a %rocla!ation of 7!er3enc is in operation, ha4e, po&er to !a'e la&s
for the &hole or an part of the territor of India &ith respect to an of the !atters enu!erated in
the State 6ist.
(2) , la& !ade b %arlia!ent &hich %arlia!ent &ould not but for the issue of a %rocla!ation of
7!er3enc ha4e been co!petent to !a'e shall, to the e+tent of the inco!petenc, cease to ha4e
effect on the e+piration of a period of si+ !onths after the %rocla!ation has ceased to operate,
e+cept as respects thin3s done or o!itted to be done before the e+piration of the said period.
31.In&on!i!ten&y "et$een #a$! made "y Par#iament )nder Arti&#e! ,8 and 39 and #a$!
made "y the -e+i!#at)re! of State!.- 9othin3 in ,rticles 22- and 2/1 shall restrict the po&er of
the 6e3islature of a State to !a'e an la& &hich under this *onstitution it has po&er to !a'e, but
if an pro4ision of a la& !ade b the le3islature of a State is repu3nant to an pro4ision of a la&
!ade b %arlia!ent &hich %arlia!ent has under either of the said articles po&er to !a'e, the la&
!ade b %arlia!ent, &hether passed before or after the la& !ade b the le3islature of the State,
shall pre4ail, and the la& !ade b the 6e3islature of the State shall to the e+tent of the
repu3nanc, but so lon3 onl as the la& !ade b %arlia!ent continues to ha4e effect, be
inoperati4e.
3.Po$er of Par#iament to #e+i!#ate for t$o or more State! "y &on!ent and ado.tion of
!)&h #e+i!#ation "y any other State.- (1) (1) If it appears to the 6e3islatures of t&o or !ore
States to be desirable that an of the !atters &ith respect to &hich %arlia!ent has no po&er to
!a'e la&s for the States e+cept as pro4ided in ,rticles 22- and 2/1 should be re3ulated in such
States b %arlia!ent b la&, and if resolutions to that effect are passed b all the 5ouse of the
6e3islatures of those States, it shall be la&ful for %arlia!ent to pass an ,ct for re3ulatin3 that
!atter accordin3l, and an ,ct so passed shall appl to such States and to an other State b
&hich it is adopted after&ards b resolution passed in that behalf b the 5ouse or, &here there
are t&o 5ouses, b each of the 5ouses of the 6e3islature of that State.
(2) ,n ,ct so passed b %arlia!ent !a be a!ended or repealed b an ,ct of %arlia!ent
passed or adopted in li'e !anner but shall not, as respects an State to &hich it applies, be
a!ended or repealed b an ,ct of the 6e3islature of that State.
3'.-e+i!#ation for +i/in+ effe&t to internationa# a+reement!.- 9ot&ithstandin3 anthin3 in the
fore3oin3 pro4isions of this *hapter, %arlia!ent has po&er to !a'e an la& for the &hole or an
part of the territor of India for i!ple!entin3 an treat, a3ree!ent or con4ention &ith an other
countr or countries or an decision !ade at an international conference, association or other
bod.
3,.In&on!i!ten&y "et$een #a$! made "y Par#iament and #a$! made "y the -e+i!#at)re! of
State!.- (1) If an pro4ision of a la& !ade b the 6e3islature of a State is repu3nant to an
pro4ision of a la& !ade b %arlia!ent &hich %arlia!ent is co!petent to enact, or to an
pro4ision of an e+istin3 la& &ith respect to one of the !atters enu!erated in the *oncurrent 6ist,
then, subAect to the pro4isions of clause (2), the la& !ade b %arlia!ent, &hether passed before
or after the la& !ade b the 6e3islature of such State, or, as the case !a be, the e+istin3 la&,
shall pre4ail and the la& !ade b the 6e3islature of the State shall, to the e+tent of the
repu3nanc, be 4oid.
(2) Dhere a la& !ade b the 6e3islature of a State &ith respect to one of the !atters
enu!erated in the concurrent 6ist contains an pro4ision repu3nant to the pro4isions of an earlier
la& !ade b %arlia!ent or an e+istin3 la& &ith respect to that !atter, then, the la& so !ade b
the 6e3islature of such State shall, if it has been reser4ed for the consideration of the %resident
and has recei4ed his assent, pre4ail in that State$
%ro4ided that nothin3 in this clause shall pre4ent %arlia!ent fro! enactin3 at an ti!e an la&
&ith respect to the sa!e !atter includin3 a la& addin3 to, a!endin3, 4arin3 or repealin3 the la&
so !ade b the 6e3islature of the State.
33.Re0)irement! a! to re&ommendation! and .re/io)! !an&tion! to "e re+arded a!
matter! of .ro&ed)re on#y.- 9o ,ct of %arlia!ent or of the le3islature of a State and no
pro4ision in an such ,ct, shall be in4alid b reason onl that so!e reco!!endation or pre4ious
sanction re#uired b this *onstitution &as not 3i4en, if assent to that ,ct &as 3i4en-
(a) &here the reco!!endation re#uired &as that of the =o4ernor, either b the =o4ernor or b
the %resident"
(b) &here the reco!!endation re#uired &as that of the )aApra!u'h, either b the )aApra!u'h or
b the %resident"
; &here the reco!!endation or pre4ious sanction re#uired &as that of the %resident, b the
%resident.
CHAPTER II 1 AD:INISTRATI>E RE-ATIONS
;enera#
35.O"#i+ation of State! and the Union.- The e+ecuti4e po&er of e4er State shall be so
e+ercised as to ensure co!pliance &ith the la&s !ade b %arlia!ent and an e+istin3 la&s &hich
appl in that State, and the e+ecuti4e po&er of the Union shall e+tend to the 3i4in3 of such
directions to a State as !a appear to the =o4ern!ent of India to be necessar for that purpose.
36.Contro# of the Union o/er State! in &ertain &a!e!.-
(1) The e+ecuti4e po&er of e4er State shall be so e+ercised as not to i!pede or preAudice the
e+ercise of the e+ecuti4e po&er of the Union, and the e+ecuti4e po&er of the Union shall e+tend
to the 3i4in3 of such directions to a State as !a appear to the =o4ern!ent of India to be
necessar for that purpose.
(2) The e+ecuti4e po&er of the Union shall also e+tend to the 3i4in3 of directions to a State as to
the construction and !aintenance of !eans of co!!unication declared in the direction to be of
national or !ilitar i!portance$
%ro4ided that nothin3 in this clause shall be ta'en as restrictin3 the po&er of %arlia!ent to
declare hi3h&as or &ater&as to be national hi3h&as or national &ater&as so declared or the
po&er of the Union to construct and !aintain !eans of co!!unication as part of its functions
&ith respect to na4al, !ilitar and air force &or's.
(3) The e+ecuti4e po&er of the Union shall also e+tend to the 3i4in3 of directions to a State as to
the !easures to be ta'en for the protection of the rail&as &ithin the State.
(2) Dhere in carrin3 out an direction 3i4en to a State under clause (2) as to the construction or
!aintenance of an !eans of co!!unication or under clause (3) as to the !easures to be ta'en
for the protection of an rail&a, costs ha4e been incurred in e+cess of those &hich &ould ha4e
been incurred in the dischar3e of the nor!al duties of the State if such direction had not been
3i4en, there shall be paid b the =o4ern!ent of India to the State such su! as !a be a3reed,
or, in default of a3ree!ent, as !a be deter!ined b an arbitrator appointed b the *hief >ustice
of India, in respect of the e+tra costs so incurred b the State.
361A. A!!i!tan&e to State! "y de.#oyment of armed for&e! or other for&e! of the Union.
GOmittedH.
37.Po$er of the Union to &onfer .o$er!( et&.( on State! in &ertain &a!e!.- (1)
9ot&ithstandin3 anthin3 in this *onstitution, the %resident !a, &ith the consent of the =o4ernor
of a State, entrust either conditionall or unconditionall to that =o4ern!ent or to its officers
functions in relation to an !atter to &hich the e+ecuti4e po&er of the Union e+tends.
(2) , la& !ade b %arlia!ent &hich applies in an State !a, not&ithstandin3 that it relates to a
!atter &ith respect to &hich the 6e3islature of the State has no po&er to !a'e la&s, confer
po&ers and i!pose duties, or authorise the conferrin3 of po&ers and the i!position of duties,
upon the State or officers and authorities thereof.
(3) Dhere b 4irtue of this article po&ers and duties ha4e been conferred or i!posed upon a
State or officers or authorities thereof, there shall be paid b the =o4ern!ent of India to the State
such su! as !a be a3reed, or, in default of a3ree!ent, as !a be deter!ined b an arbitrator
appointed b the *hief >ustice of India, in respect of an e+tra costs of ad!inistration incurred b
the State in connection &ith the e+ercise of those po&ers and duties.
371A. Po$er of the State! to entr)!t f)n&tion! to the Union.- 9ot&ithstandin3 anthin3 in
this *onstitution, the =o4ernor of a State !a, &ith the consent of the =o4ernor of India, entrust
either conditionall or unconditionall to that =o4ern!ent or to its officers functions in relation to
an !atter to &hich the e+ecuti4e po&er of the State e+tends.
38.GArmed For&e! in State! in Part @ of the Fir!t S&hed)#e.H Re.. "y the Con!tit)tion
ESe/enth AmendmentF A&t( 1835( S.8 and S&hed)#e.
59.C)ri!di&tion of the Union in re#ation to territorie! o)t!ide India.- The =o4ern!ent of
India !a b a3ree!ent &ith the =o4ern!ent of an territor not bein3 part of the territor of
India underta'e an e+ecuti4e, le3islati4e or Audicial functions 4ested in the =o4ern!ent of such
territor, but e4er such a3ree!ent shall be subAect to, and 3o4erned b, an la& relatin3 to the
e+ercise of forei3n Aurisdiction for the ti!e bein3 in force.
51.P)"#i& a&t!( re&ord! and A)di&ia# .ro&eedin+!.- Full faith and credit shall be 3i4en
throu3hout the territor of India to public acts, records and Audicial proceedin3s of the Union and
of e4er State.
(2) The !anner in &hich and the conditions under &hich the acts, records and proceedin3s
referred to in clause (1) shall be pro4ed and the effect thereof deter!ined shall be as pro4ided b
la& !ade b %arlia!ent.
(3) Final Aud3!ents or orders deli4ered or passed b ci4il courts in an part of the territor of India
shall be capable of e+ecution an&here &ithin that territor accordin3 to la&.
?isputes relatin3 to Daters
5.AdA)di&ation of di!.)te! re#atin+ to $ater! of inter1State ri/er! or ri/er /a##ey!.- (1)
%arlia!ent !a b la& pro4ide for the adAudication of an dispute or co!plaint &ith respect to the
use, distribution or control of the &aters of, or in, an inter-State ri4er or ri4er 4alle.
(2) 9ot&ithstandin3 anthin3 in this *onstitution, %arlia!ent !a b la& pro4ide that neither the
Supre!e *ourt nor an other court shall e+ercise Aurisdiction in respect of an such dispute or
co!plaint as is referred to in clause (1).
Co1ordination "et$een State!
5'.Pro/i!ion! $ith re!.e&t to an inter1State Co)n&i#.- If an an ti!e it appears to the
%resident that the public interests &ould be ser4ed b the establish!ent of a *ouncil char3ed
&ith the dut of-
(a) in#uirin3 into and ad4isin3 upon disputes &hich !a ha4e arisen bet&een States"
(b) in4esti3atin3 and discussin3 subAects in &hich so!e or all of the States, or the Union and one
or !ore of the States, ha4e a co!!on interest" or
; !a'in3 reco!!endations upon an such subAect and, in particular, reco!!endations for the
better co-ordination of polic and action &ith respect to that subAect, in shall be la&ful for the
%resident b order to establish such a *ouncil, and to define the nature of the duties to be
perfor!ed b it and its or3anisation and procedure.
PART =II1FINANCE( PROPERTY( CONTRACTS AND SUITS
CHAPTER I 1 FINANCE
;enera#
5,.Inter.retation.- In this %art, 8Finance *o!!ission8 !eans a Finance *o!!ission
constituted under ,rticle 2:1.
53.Ta*e! not to "e im.o!ed !a/e "y a)thority of #a$.- 9o ta+ shall be le4ied or collected
e+cept b authorit of la&.
55.Con!o#idated F)nd! and .)"#i& a&&o)nt! of India and of the State!.- (1) SubAect to the
pro4isions of ,rticle 20. and to the pro4isions of this *hapter &ith respect to the assi3n!ent of
the &hole or part of the net proceeds of certain ta+es and duties to States, all re4enues recei4ed
b the =o4ern!ent of India, all loans raised b that =o4ern!ent b the issue of treasur bills,
loans or &as and !eans ad4ances and all !ones recei4ed b that =o4ern!ent in repa!ent of
loans shall for! one consolidated fund to be entitled 8the *onsolidated Fund of India8, and all
re4enues recei4ed b the =o4ern!ent of a State, all loans raised b that =o4ern!ent b the
issue of treasur bills, loans or &as and !eans ad4ances and all !ones recei4ed b that
=o4ern!ent in repa!ent of loans shall for! one consolidated fund to be entitled 8the
*onsolidated Fund of the State8.
(2) ,ll other public !ones recei4ed b or on behalf of the =o4ern!ent of India or the
=o4ern!ent of a State shall be entitled to the public account of India or the public account of the
State, as the case !a be.
(3) 9o !ones out of the *onsolidated Fund of India or the *onsolidated Fund of a State shall be
appropriated e+cept in accordance &ith la& and for the purposes and in the !anner pro4ided in
this *onstitution.
56.Contin+en&y F)nd.- (1) %arlia!ent !a b la& establish a *ontin3enc Fund in the nature
of an i!prest to be entitled 8the *ontin3enc Fund of India8 into &hich shall be paid fro! ti!e to
ti!e such su!s as !a be deter!ined b such la&, and the said Fund shall be placed at the
disposal of the %resident to enable ad4ances to be !ade b hi! out of such Fund for the
purposes of !eetin3 unforeseen e+penditure pendin3 authorisation of such e+penditure b
%arlia!ent b la& under ,rticle 11/ or ,rticle 110.
(2) The 6e3islature of a State !a b la& establish a *ontin3enc Fund in the nature of an
i!prest to be entitled 8the *ontin3enc Fund of the State8 into &hich shall be paid fro! ti!e to
ti!e such su!s as !a be deter!ined b such la&, and the said Fund shall be placed at the
disposal of the =o4ernor of the State to enable ad4ances to be !ade b hi! out of such Fund for
the purposes of !eetin3 unforeseen e+penditure pendin3 authorisation of such e+penditure b
the 6e3islature of the State b la& under ,rticle 21/ or ,rticle 210.
Di!tri")tion of Re/en)e! "et$een the Union and the State!
57.D)tie! #e/ied "y the Union ")t &o##e&ted and a..ro.riated "y the State!.- (1)Such
sta!p duties and such duties of e+cise on !edicinal and toilet preparations as are !entioned in
the Union 6ist shall be le4ied b the =o4ern!ent of India but shall be collected -
(a) in the case &here such duties are le4iable &ithin an Union territor, b the =o4ern!ent of
India, and
(b) in other cases, b the States &ithin &hich such duties are respecti4el le4iable.
(2) The proceeds in an financial ear of an such dut le4iable &ithin an State shall not for!
part of the *onsolidated Fund of India, but shall be assi3ned to that State.
58.Ta*e! #e/ied and &o##e&ted "y the )nion ")t a!!i+ned to the State!.- (1) The follo&in3
duties and ta+es shall be le4ied and collected b the =o4ern!ent of India but shall be assi3ned to
the States in the !anner pro4ided in clause (2), na!el$-
(a) duties in respect of succession to propert other than a3ricultural land"
(b) estate dut in respect of propert other than a3ricultural land"
; ter!inal ta+es on 3oods or passen3ers carried b rail&a, sea or air"
(d)ta+es on rail&a fares and frei3hts"
(e) ta+es other than sta!p duties on transactions in stoc'-e+chan3es and futures !ar'ets"
(f) ta+es on the sale or purchase of ne&spapers and on ad4ertise!ents published therein"
(3) ta+es on the sale or purchase of 3oods other than ne&spapers, &here such sale or purchase
ta'es place in the course of inter-State trade or co!!erce"
(h) ta+es on the consi3n!ent of 3oods (&hether the consi3n!ent is to the person !a'in3 it or to
an other person), &here such consi3n!ent ta'es place in the course of inter-State trade or
co!!erce.
(2) The net proceeds in an financial ear of an such dut or ta+, e+cept in so far as those
proceeds represent proceeds attributable to Union territories, shall not for! part of the
*onsolidated Fund of India, but shall be assi3ned to the States &ithin &hich that dut or ta+ is
le4iable in that ear, and shall be distributed a!on3 those States in accordance &ith such
principles of distribution as !a be for!ulated b %arlia!ent b la&.
(3) %arlia!ent !a b la& for!ulate principles for deter!inin3 &hen a sale or purchase of (or
consi3n!ent ofC 3oods ta'es place in the course of inter-State or co!!erce. 2.1. Ta+es le4ied
and collected b the Union and distributed bet&een the Union and the States.- (1) Ta+es on
inco!e other than a3ricultural inco!e shall be le4ied and collected b the =o4ern!ent of India
and distributed bet&een the Union and the States in the !anner pro4ided in clause (2).
(2) Such percenta3e, as !a be prescribed, of the net proceeds in an financial ear of an such
ta+, e+cept in so far as those proceeds represent proceeds attributable to Union territories or to
ta+es paable in respect of Union e!olu!ents, shall not for! part of the *onsolidated Fund of
India, but shall be assi3ned to the States &ithin &hich that ta+ is le4iable in that ear, and shall be
distributed a!on3 those States in such !anner and for! such tie as !a be prescribed.
(3) For the purposes of clause (2), in each financial ear such percenta3e as !a be prescribed
of so !uch of the net proceeds of ta+es on inco!e as does not represent the net proceeds of
ta+es paable in respect of Union e!olu!ents shall be dee!ed to represent proceeds
attributable to Union territories.
(2) In this article-
(a) 8ta+es on inco!e8 does not include a corporation ta+"
(b) 8prescribed8 !eans-
(i) until a Finance *o!!ission has been constituted, prescribed b the %resident b order, and
(ii) after a Finance *o!!ission has been constituted, prescribed b the %resident b order after
considerin3 the reco!!endations of the Finance *o!!ission"
; 8Union e!olu!ents8 includes all e!olu!ents and pensions paable out of the *onsolidated
Fund of India in respect of &hich inco!e ta+ is char3eable.
69. Ta*e! #e/ied and &o##e&ted "y the Union and di!tri")ted "et$een the Union and the
State!.;
(1) Ta+es on inco!e other than a3ricultural inco!e shall be le4ied and collected b the
=o4ern!ent of India and distributed bet&een the Union and the States in the !anner pro4ided in
clause (2).
(2) Such percenta3e, as !a be prescribed3, of the net proceeds in an financial ear of an
such ta+, e+cept in so far as those proceeds represent proceeds attributable to Union territories
or to ta+es paable in respect of Union e!olu!ents, shall not for! part of the *onsolidated Fund
of India, but shall be assi3ned to the States &ithin &hich that ta+ is le4iable in that ear, and shall
be distributed a!on3 those States in such !anner and fro! such ti!e as !a be prescribed.
(3) For the purposes of clause (2), in each financial ear such percenta3e as !a be prescribed
of so !uch of the net proceeds of ta+es on inco!e as does not represent the net proceeds of
ta+es paable in respect of Union e!olu!ents shall be dee!ed to represent proceeds
attributable to Union territories.
(2) In this article;
(a) 8ta+es on inco!e8 does not include a corporation ta+"
(b) 8prescribed8 !eans;
(i) until a Finance *o!!ission has been constituted, prescribed b the %resident b order, and
(ii) after a Finance *o!!ission has been constituted, prescribed b the %resident b order after
considerin3 the reco!!endations of the Finance *o!!ission"
(c) 8Union e!olu!ents8 includes all e!olu!ents and pensions paable out of the *onsolidated
Fund of India in respect of &hich inco!e-ta+ is char3eable.
61.S)r&har+e on &ertain d)tie! and ta*e! for .)r.o!e! of the Union.- 9ot&ithstandin3
anthin3 in ,rticles 20- and 2.1, %arlia!ent !a at an ti!e increase an of the duties or ta+es
referred in those articles b a surchar3e for purposes of the Union and the &hole proceeds of an
such surchar3e shall for! part the *onsolidated Fund of India.
6.Ta*e! $hi&h are #e/ied and &o##e&ted "y the Union and may "e di!tri")ted "et$een the
Union and the State!.- Union duties of e+cise other than such duties of e+cise on !edicinal and
toilet preparations as are !entioned in the Union 6ist shall be le4ied and collected b the
=o4ern!ent of India, but, if %arlia!ent b la& so pro4ides, there shall be paid out of the
*onsolidated Fund of India to the States to &hich the la& i!posin3 the dut e+tends su!s
e#ui4alent to the &hole or an part of the net proceeds of that dut, and those su!s shall be
distributed a!on3 those States in accordance &ith such principles of distribution as !a be
for!ulated b such la&.
6'.;rant! in #ie) of e*.ort d)ty on A)te and A)te .rod)&t!.- (1) There shall be char3ed on the
*onsolidated Fund of India in each ear as 3rants-in-aid of the re4enues of the State of ,ssa!,
Bihar, Brissa and Dest Ben3al, in lieu of assi3n!ent of an share of the net proceeds in each
ear of e+port dut on Aute and Aute products to those States, such su!s as !a be prescribed.
(2)The su!s so prescribed shall continue to be char3ed on the *onsolidated Fund of India so
lon3 as an e+port dut on Aute or Aute products continues to be le4ied b the =o4ern!ent of India
or until the e+piration of ten ears fro! the co!!ence!ent of this *onstitution, &hiche4er is
earlier.
(3)In this article, the e+pression 8prescribed8 has the sa!e !eanin3 as in ,rticle 2.1.
6,.Prior re&ommendation of Pre!ident re0)ired to @i##! affe&tin+ ta*ation in $hi&h State!
are intere!ted.- (1) 9o Bill or a!end!ent &hich i!poses or 4aries an ta+ &hich 4aries an ta+
or dut in &hich States are interested, or &hich 4aries the !eanin3 of the e+pression 8a3ricultural
inco!e8 as defined for the purposes of the enact!ents relatin3 to Indian inco!e-ta+, or &hich
affects the principles on &hich under an of the fore3oin3 distributable to State, or &hich i!poses
an surchar3e for the purposes of the Union as is !entioned in the fore3oin3 pro4isions of this
*hapter, shall be introduced or !o4ed in either 5ouse or %arlia!ent e+cept on the
reco!!endation of the %resident. (2) In this article, the e+pression 8ta+ or dut in &hich States
are interested8 !eans-
(a) a ta+ or dut the &hole or part of the net proceeds &hereof are assi3ned to an State" or
(b) a ta+ or dut b reference to the net proceeds &hereof su!s are for the ti!e bein3 paable
out of the *onsolidated Fund of India to an State.
63.;rant! from the Union to &ertain State!.- (1) Such su!s as %arlia!ent !a b la& pro4ide
shall be char3ed on the *onsolidated Fund of India in each ear as 3rants-in-aid of the re4enues
of such States as %arlia!ent !a deter!ine to be in need of assistance, and different su!s !a
be fi+ed for different States$
%ro4ided that there shall be paid out of the *onsolidated Fund of India as 3rants-in-aid of the
re4enues of a State such capital and recurrin3 su!s as !a be necessar to enable that State to
!eet the costs of such sche!es of de4elop!ent as !a be underta'en b the State &ith the
appro4al of the Scheduled Tribes in that State or raisin3 the le4el of ad!inistration of the
Scheduled ,reas therein to that of the ad!inistration of the rest of the areas of that State$
%ro4ided further that there shall be paid out of the *onsolidated Fund of India as 3rants-in-aid of
the re4enues of the State of ,ssa! su!s, capital and recurrin3, e#ui4alent to-
(a) the a4era3e e+cess of e+penditure o4er the re4enues durin3 the t&o ears i!!ediatel
proceedin3 the co!!ence!ent of this *onstitution in respect of the ad!inistration of the tribal
areas specified in %art I of the table appended to para3raph 21 of the Si+th Schedule" and
(b) the costs of such sche!es of de4elop!ent as !a& be underta'en b that State &ith the
appro4al of the =o4ern!ent of India for the purpose of raisin3 the le4el of ad!inistration of the
said areas to that of the ad!inistration of the rest of the areas of that State.
(1-,) Bn and fro! the for!ation of the autono!ous State under ,rticle 222-,,-
i) an su!s paable under clause (a) of the second pro4iso to clause (1) shall, if the autono!ous
State therein, be paid to the autono!ous State, and, if the autono!ous State co!prises onl
so!e of those tribal areas, be apportioned bet&een the State of ,ssa! and the autono!ous
State as the %resident !a, b order, specif"
(ii) there shall be paid out of the *onsolidated Fund of India as 3rants-in-aid of the re4enues of
the autono!ous State su!s, capital and recurrin3, e#ui4alent to the costs of such sche!es of
de4elop!ent as !a be underta'en b the autono!ous State &ith the appro4al of the
=o4ern!ent of India for the purpose of raisin3 the le4el of ad!inistration of that State to that of
the ad!inistration of the rest of the State of ,ssa!.
(2) Until pro4ision is !ade b %arlia!ent under clause (1), the po&ers conferred on %arlia!ent
under that clause shall be e+ercisable b the %resident b order and an order !ade b the
%resident under this clause shall ha4e effect subAect to an pro4ision so !ade b %arlia!ent$
%ro4ided that after a Finance *o!!ission has been constituted no order shall be !ade under
this clause b the %resident e+cept after considerin3 the reco!!endations of the Finance
*o!!ission.
65.Ta*e! on .rofe!!ion!( trade!( &a##in+! and em.#oyment!.- (1) 9ot&ithstandin3 anthin3
in ,rticle 220, no la& of the 6e3islature of a State relatin3 to ta+es for the benefit of the State or of
a !unicipalit, district board, local board or other local authorit therein in respect of professions,
trades, callin3s or e!plo!ents shall be in4alid on the 3round that it relates to a ta+ on inco!e.
(2) The total a!ount paable in respect of an one person to the State or to an one !unicipalit,
district board, local board or other local authorit in the State b&a of ta+es on professions,
trades, callin3s and e!plo!ents shall not e+ceed t&o hundred and fift rupees per annu!$
%ro4ided that if in the financial ear i!!ediatel precedin3 the co!!ence!ent of this
*onstitution there &as in force in the case of an State or an such !unicipalit, board or
authorit a ta+ on professions, trades, callin3s or e!plo!ents the rate, or the !a+i!u! rate, of
&hich e+ceed t&o hundred and fift rupees per annu!, such ta+ !a continue to be le4ied until
pro4isions to the contrar is !ade b %arlia!ent b la&, and an la& so !ade b %arlia!ent !a
be !ade either 3enerall or in relation to an specified States, !unicipalities, boards or
authorities.
(3) The po&er of the 6e3islature of a State to !a'e la&s as aforesaid &ith respect to ta+es on
professions, trades, callin3s and e!plo!ents shall not be construed as li!itin3 in an &a the
po&er of %arlia!ent to !a'e la&s &ith respect to ta+es on inco!e accruin3 fro! or arisin3 out of
professions, trades, callin3s and e!plo!ents.
66.Sa/in+!.- ,n ta+es, duties, cesses or fees &hich, i!!ediatel before the co!!ence!ent
of this *onstitution, &ere bein3 la&full le4ied b the =o4ern!ent of an State or b an
!unicipalit or other local authorit or bod for the purposes of the State, !unicipalit, district or
other local area !a, not&ithstandin3 that those ta+es, duties, cesses or fees are !entioned in
the Union 6ist, continue to be le4ied and to be applied to the sa!e purposes until pro4ision to the
contrar is !ade b %arlia!ent b la&.
67.GA+reement $ith State! in Part @ of the Fir!t S&hed)#e $ith re+ard to &ertain finan&ia#
matter!.H Re.. "y the Con!tit)tion ESe/enth AmendmentF A&t( 1835( Se&tion 8 and
S&hed)#e.
68.Ca#&)#ation of Dnet .ro&eed!D( et&.- (1) In the fore3oin3 pro4isions of this *hapter, 8net
proceeds8 !eans in relation to an ta+ or dut the proceeds thereof reduced b the cost of
collection, and for the purposes of those pro4isions the net proceeds of an ta+ or dut, or of an
part of an ta+ or dut, in or attributable to an area shall be ascertained and certified b the
*o!ptroller and ,uditor-=eneral of India, &hose certificate shall be final.
(2) SubAect as aforesaid, and to an other e+press pro4ision of this *hapter, a la& !ade b
%arlia!ent or an order of the %resident !a, in an case &here under this %art the proceeds of
an dut or ta+ are, or !a be, assi3ned to an State, pro4ide for the !anner in &hich the
proceeds are to be calculated, for the ti!e fro! or at &hich and the !anner in &hich an
pa!ents are to be !ade, for the !a'in3 of adAust!ents bet&een one financial ear and another,
and for an other incidental or ancillar !atters.
79.Finan&e Commi!!ion.- (1) The %resident shall, &ithin t&o ears fro! the co!!ence!ent of
this *onstitution and thereafter at the e+piration of e4er fifth ear or at such earlier ti!e as the
%resident considers necessar, b order constitute a Finance *o!!ission &hich shall consist of
a *hair!an and four other !e!bers to be appointed b the %resident.
(2) It shall be the dut of the *o!!ission to !a'e reco!!endations to the %resident as to-
(a) the distribution bet&een the Union and the States of the net proceeds of ta+es &hich are to
be, or !a be, di4ided bet&een the! under this *hapter and the allocation bet&een the States of
the respecti4e shares of such proceeds"
(b) the principles &hich should 3o4ern the 3rants- in-aid of the re4enues of the States out of the
*onsolidated Fund of India"
; an other !atter referred to the *o!!ission b the %resident in the interests of sound finance.
(2) The *o!!ission shall deter!ine their procedure and shall ha4e such po&ers in the
perfor!ance of their functions as %arlia!ent !a b la& confer on the!.
71.Re&ommendation! of the Finan&e Commi!!ion.- The %resident shall cause e4er
reco!!endation !ade b the Finance *o!!ission under the pro4isions of this *onstitution
to3ether &ith an e+planator !e!orandu! as to the action ta'en thereon to be laid before each
5ouse of %arlia!ent.
:i!&e##aneo)! Finan&ia# Pro/i!ion!
7.E*.endit)re defraya"#e "y the Union or a State o)t of it! re/en)e!.- The Union or a
State !a !a'e an 3rants for an public purpose, not&ithstandin3 that the purpose is not one
&ith respect to &hich %arlia!ent or the 6e3islature of the State, as the case !a be, !a !a'e
la&s.
7'.C)!tody( et&. of Con!o#idated F)nd!( Contin+en&y F)nd! and money! &redited to the
.)"#i& a&&o)nt!.- (1) The custod of the *onsolidated Fund of India and the *ontin3enc Fund
of India, the pa!ent of !ones into such Funds, the &ithdra&al of !ones therefro!, the
custod of public !ones other than those credited to such Funds recei4ed b or on behalf of the
=o4ern!ent of India, their pa!ent into the public account of India and the &ithdra&al of !ones
fro! such account and all other !atters connected &ith or ancillar to !atters aforesaid shall be
re3ulated b la& !ade b %arlia!ent, and, until pro4ision in that behalf is so !ade, shall be
re3ulated b rules !ade b the %resident.
(2) The custod of the *onsolidated Fund of a State and the *ontin3enc Fund of a State, the
pa!ent of !ones into such Funds, the &ithdra&al of !ones therefro!, the custod of public
!ones other than those credited to such Funds, recei4ed b or on behalf of the =o4ern!ent of
the State, their pa!ent into the public account of the State and &ithdra&al of !ones fro! such
account and all other !atters connected &ith or ancillar to !atters aforesaid shall be re3ulated
b la& !ade b the 6e3islature of the State, and, until pro4ision in that behalf is so !ade, shall be
re3ulated b rules !ade b the =o4ernor of the State.
7,.C)!tody of !)itor!B de.o!it! and other money! re&ei/ed "y .)"#i& !er/ant! an
&o)rt!.1 A## money! re&ei/ed "y or de.o!ited $ith -
(a) an officer e!ploed in connection &ith the affairs of the Union or of a State in his capacit as
such, other than re4enues or public !ones raised or recei4ed b the =o4ern!ent of India or the
=o4ern!ent of the State, as the case !a be, or
(b) an court &ithin the territor of India to the credit of an cause, !atter, account or persons,
shall be paid into the public account of India or the public account of the State, as the case !a
be.
73.E*em.tion of .ro.erty of the Union from State ta*ation.- (1) The propert of the Union
shall, sa4e in so far as %arlia!ent !a b la& other&ise pro4ide, be e+e!pt fro! all ta+es
i!posed b a State or b an authorit &ithin a State.
(2) 9othin3 in clause (1) shall, until %arlia!ent b la& other&ise pro4ides, pre4ent an authorit
&ithin a State fro! le4in3 an ta+ on an propert of the Union to &hich such propert &as
i!!ediatel before the co!!ence!ent of this *onstitution liable or treated as liable, so lon3 as
that ta+ continues to be le4ied in that State.
75.Re!tri&tion! a! to im.o!ition of ta* on the !a#e or .)r&ha!e of +ood!.- (1) 9o la& of a
State shall i!pose, or authorise the i!position of, a ta+ on the sale or purchase of 3oods &here
such sale or purchase ta'es place-
(a) outside the State" or
(b) in the course of the i!port of the 3oods into, or e+port of the 3oods out of, the territor of
India.
(2) %arlia!ent !a b la& for!ulate principles for deter!inin3 &hen a sale or purchase of 3oods
ta'es place in an of the &as !entioned in clause (1).
(3) ,n la& of a State shall, in so far as it i!poses, or authorises the i!position of,-
(a) a ta+ on the sale or purchase of 3oods declared b %arlia!ent b la& to be of special
i!portance in inter-State trade or co!!erce" or
(b) a ta+ on the sale or purchase of 3oods, bein3 a ta+ of the nature referred to in sub-clause (b),
sub-clause (c) or sub-clause (d) of clause 2--, of ,rticle 300, be subAect to such restrictions and
conditions in re3ard to the sste! of le4, rates and other incidents of the ta+ as %arlia!ent !a
b la& specif.
76.E*em.tion from ta*e! on e#e&tri&ity.- Sa4e in so far as %arlia!ent !a b la& other&ise
pro4ide, no la& of a State shall i!pose, or authorise the i!position of, a ta+ on the consu!ption
or sale of electricit (&hether produced b a =o4ern!ent or other persons) &hich is -
(a) consu!ed b the =o4ern!ent of India, or sold to the =o4ern!ent of India for consu!ption b
that =o4ern!ent" or
(b) consu!ed in the construction, !aintenance or operation of an rail&a b the =o4ern!ent of
India or a rail&a co!pan operatin3 that rail&a, or sold to that =o4ern!ent or an such rail&a
co!pan for consu!ption in the construction, !aintenance or operation of an rail&a, and an
such la& i!posin3, or authorisin3 the i!position of, a ta+ on the sale of electricit shall secure
that the price of electricit sold to the =o4ern!ent of India for consu!ption b that =o4ern!ent,
or to an such rail&a co!pan as aforesaid for consu!ption in the construction, !aintenance or
operation of an rail&a, shall be less b the a!ount of the ta+ than the price char3ed to other
consu!ers of a substantial #uantit of electricit.
77.E*em.tion from ta*ation "y State! in re!.e&t of $ater or e#e&tri&ity in &ertain &a!e!.-
(1) Sa4e in so far as the %resident !a b order other&ise pro4ide, no la& of a State in force
i!!ediatel before the co!!ence!ent of this *onstitution shall i!pose, or authorise the
i!position of, a ta+ in respect of an &ater or electricit stored, 3enerated, consu!ed, distributed
or sold b an authorit established b an e+istin3 la& or an la& !ade b %arlia!ent for
re3ulatin3 or de4elopin3 an inter-State ri4er or ri4er-4alle.
7+planation.- The e+pression 8la& of a State in force8 in this clause shall include a la& of a State
passed or !ade before the co!!ence!ent of this *onstitution and not pre4iousl repealed,
not&ithstandin3 that it or parts of it !a not be then in operation either at all or in particular
areas.
(2) The 6e3islature of a State !a b la& i!pose, or authorise the i!position of, an such ta+ as
is !entioned in clause (1), but no such la& shall ha4e an effect unless it has, after ha4in3 been
reser4ed for the consideration of the %resident recei4ed his assent" and if an such la& pro4ides
for the fi+ation of the rates and other incidents of such ta+ b !eans of rules or orders to be !ade
under the la& b an authorit, the la& shall pro4ide for the pre4ious consent of the %resident
bein3 obtained to the !a'in3 of an such rule or order.
78.E*em.tion of .ro.erty and in&ome of a State from Union ta*ation.- (1) The propert and
inco!e of a State shall be e+e!pt fro! Union ta+ation.
(2) 9othin3 in clause (1) shall pre4ent the Union fro! i!posin3, or authorisin3 the i!position of,
an ta+ to such e+tent, if an, as %arlia!ent !a b la& pro4ide in respect of a trade or business
of an 'ind carried on b, or on behalf of, the =o4ern!ent of a State, or an operations
connected there&ith, or an propert used or occupied for the purposes of such trade or
business, or an inco!e accruin3 or arisin3 in connection there&ith.
(3)9othin3 in clause (2) shall appl to an trade or business, or to an class of trade or business,
&hich %arlia!ent !a b la& declare to be incidental to the ordinar functions of 3o4ern!ent.
89.AdA)!tment in re!.e&t of &ertain e*.en!e! and .en!ion!.- Dhere under the pro4isions of
this *onstitution the e+penses of an court or *o!!ission, or the pension paable to or in
respect of a person &ho has ser4ed before the co!!ence!ent in connection &ith the affairs of
the Union or of a State, are char3ed on the *onsolidated Fund of India or the *onsolidated Fund
of a State, then, if-
(a) in the case of a char3e on the *onsolidated Fund of India, the court or *o!!ission ser4es
an of the separate needs of a State, or the person has ser4ed &holl or in part in connection
&ith the affairs of a State" or
(b) in the case of a char3e on the *onsolidated Fund of a State, the court or *o!!ission ser4es
an of the separate needs of the Union or another State, or the person has ser4ed &holl or in
part in connection &ith the affairs of the Union or another State, there shall be char3ed on and
paid out of the *onsolidated Fund of the State or, as the case !a be, the *onsolidated Fund of
India or the consolidated Fund of the other State, such contribution in respect of the e+penses or
pension as !a be a3reed, or as !a in default of a3ree!ent be deter!ined b an arbitrator to
be appointed b the *hief >ustice of India.
891A.Ann)a# .ayment to &ertain De/a!$om F)nd!.- , su! of fort-si+ la'hs and fift
thousand rupees shall be char3ed on, and paid out of, the *onsolidated Fund of the State of
Eerala e4er ear to the Tra4ancore ?e4as&o! Fund" and a su! of thirteen la'hs and fift
thousand rupees shall be char3ed on, and paid out of the *onsolidated Fund of the State of Ta!il
9adu e4er ear to the ?e4as&o! Fund established in that State for the !aintenance of 5indu
te!ples and shrines in the territories transferred to that State on the 1st da of 9o4e!ber, 1-/0,
fro! the State of Tra4ancore-*ochin.
81.GPri/y .)r!e !)m! of R)#er!.H Re.. "y the Con!tit)tion ET$enty1!i*th AmendmentF A&t(
1861( Se&tion .
CHAPTER II 1 @ORRO?IN;
8.@orro$in+ "y the ;o/ernment of India.1 The e+ecuti4e po&er of the Union e+tends to
borro&in3 upon the securit of the *onsolidated Fund of India &ithin such li!its, if an, as !a
fro! ti!e to ti!e be fi+ed b %arlia!ent b la& and to the 3i4in3 of 3uarantees &ithin such li!its,
if an, as !a be so fi+ed.
8'.@orro$in+ "y State!.- (1) SubAect to the pro4isions of this article, the e+ecuti4e po&er of a
State e+tends to borro&in3 &ithin the territor of India upon the securit of the *onsolidated Fund
of the State &ithin such li!its, if an, as !a fro! ti!e to ti!e be fi+ed b the 6e3islature of such
State b la& and to the 3i4in3 of 3uarantees &ithin such li!its, if an, as !a be so fi+ed.
(2) The =o4ern!ent of India !a, subAect to such conditions as !a be laid do&n b or under
an la& !ade b %arlia!ent, !a'e loans to an State or, so lon3 as an li!its fi+ed under
,rticle2-2 are not e+ceeded, 3i4e 3uarantees in respect of loans raised b an State, and an
su!s re#uired for the purpose of !a'in3 such loans shall be char3ed on the *onsolidated Fund
of India.
(3) , State !a not &ithout the consent of the =o4ern!ent of India raise an loan if there is still
outstandin3 an part of a loan &hich has been !ade to the State b the =o4ern!ent of India or
b its predecessor =o4ern!ent, or in respect of &hich a 3uarantee has been 3i4en b the
=o4ern!ent of India or b its predecessor =o4ern!ent.
(2) , consent under clause (3) !a be 3ranted subAect to such conditions, if an, as the
=o4ern!ent of India !a thin' fit to i!pose.
CHAPTER III
PROPERTY( CONTRACTS( RI;HTS( -IA@I-ITIES( O@-I;ATIONS AND SUITS
8,.S)&&e!!ion to .ro.erty( a!!et!( ri+ht!( #ia"i#itie! and o"#i+ation! in &ertain &a!e!.1 !
from the &ommen&ement of thi! Con!tit)tion-
(a) all propert and assets &hich i!!ediatel before such co!!ence!ent &ere 4ested in 5is
@aAest for the purposes of the =o4ern!ent of the ?o!inion of India and all propert and assets
&hich i!!ediatel before such co!!ence!ent &ere 4ested in 5is @aAest for the purposes of
the =o4ern!ent of each =o4ernor;s %ro4ince shall 4est respecti4el in the Union and the
correspondin3 State, and
(b) all ri3hts, liabilities and obli3ations of the =o4ern!ent of the ?o!inion of India and of the
=o4ern!ent of each =o4ernor;s %ro4ince, &hether arisin3 out of an contract or other&ise, shall
be the ri3hts, liabilities and obli3ations respecti4el of the =o4ern!ent of India and the
=o4ern!ent of each correspondin3 State, subAect to an adAust!ent !ade or to be !ade b
reason of the creation before the co!!ence!ent of this *onstitution of the ?o!inion of %a'istan
or of the %ro4inces of Dest Ben3al, Dest %unAab and 7ast %unAab.
83.S)&&e!!ion to .ro.erty( a!!et!( ri+ht!( #ia"i#itie! and o"#i+ation! in other &a!e!.1 E1F A!
from the &ommen&ement of thi! Con!tit)tion-
(a) all propert and assets &hich i!!ediatel before such co!!ence!ent &ere 4ested in an
Indian State correspondin3 to a State specified in %art B of the First Schedule shall 4est in the
Union, if the purposes for &hich such propert and assets &ere held i!!ediatel before such
co!!ence!ent &ill thereafter be purposes of the Union relatin3 to an of the !atters
enu!erated in the Union 6ist, and
(b) all ri3hts, liabilities and obli3ations of the =o4ern!ent of an Indian State correspondin3 to a
State specified in %art B of the First Schedule, &hether arisin3 out of an contract or other&ise,
shall be the ri3hts, liabilities and obli3ations of the =o4ern!ent of India, if the purposes for &hich
such ri3hts &ere ac#uired or liabilities or obli3ations &ere incurred before such co!!ence!ent
&ill thereafter be purposes of the =o4ern!ent of co!!ence!ent &ill thereafter be purposes of
the =o4ern!ent of India relatin3 to an of the !atters enu!erated in the Union 6ist, subAect to
an a3ree!ent entered into in that behalf b the =o4ern!ent of India &ith the =o4ern!ent of that
State.
(2) SubAect as aforesaid, the =o4ern!ent of each State specified in %art B of the First Schedule
shall, as fro! the co!!ence!ent of this *onstitution, be the successor of the =o4ern!ent of the
correspondin3 Indian State as re3ards all propert and assets and all ri3hts, liabilities and
obli3ations, &hether arisin3 out of an contract or other&ise, other than those referred to in
clause (1).
85.Pro.erty a&&r)in+ "y e!&heat or #a.!e or a! "ona /a&antia.- SubAect as hereinafter
pro4ided an propert in the territor of India &hich, if this *onstitution had not co!e into
operation, &ould ha4e accrued to 5is @aAest or, as the case !a be, to the )uler of an Indian
State b escheat or lapse, or as bona 4acantia for &ant of a ri3htful o&ner, shall, if it is propert
situate in a State, 4est in such State, and shall, in an other case, 4est in the Union$
%ro4ided that an propert &hich at the date &hen it &ould ha4e so accrued to 5is @aAest or to
the )uler of an Indian State &as in the possession or under the control of the =o4ern!ent of
India or the =o4ern!ent of a State shall, accordin3 as the purposes for &hich it &as then used or
held &ere purposes of the Union or a State, 4est in the Union or in that State.
7+planation.- In the article, the e+pressions 8)uler8 and 8Indian State8 ha4e the sa!e !eanin3s
as in ,rticle 303.
86.Thin+! of /a#)e $ithin territoria# $ater! or &ontinenta# !he#f and re!o)r&e! of the
e*&#)!i/e e&onomi& 4one to /e!t in the Union.- (1) ,ll lands, !inerals and other thin3s of
4alue underlin3 the ocean &ithin the territorial &aters, or the continental shelf, or the e+clusi4e
econo!ic <one, of India shall 4est in the Union and be held for the purposes of the Union.
(2) ,ll other resources of the e+clusi4e econo!ic <one of India shall also 4est in the Union and be
held for the purposes of the Union.
(3) The li!its of the territorial &aters, the continental shelf, the e+clusi4e econo!ic <one, and
other !ariti!e <ones, of India shall be such as !a be specified, fro! ti!e to ti!e, b or under
an la& !ade b %arlia!ent.
87.Po$er to &arry on trade( et&.- The e+ecuti4e po&er of the Union and of each State shall
e+tend to the carrin3 on of an trade or business and to the ac#uisition, holdin3 and disposal of
propert and the !a'in3 of contracts for an purpose$
%ro4ided that -(a) the said e+ecuti4e po&er of the Union shall, in so far as such trade or business
or such purpose is not one &ith respect to &hich %arlia!ent !a !a'e la&s, be subAect in each
State to le3islation b the State" and
(b) the said e+ecuti4e po&er of each State shall, in so far as such trade or business or such
purpose is not one &ith respect to &hich the State 6e3islature !a !a'e la&s, be subAect to
le3islation b %arlia!ent.
88.Contra&t!.- (1) ,ll contracts !ade in the e+ercise of the e+ecuti4e po&er of the Union or of a
State shall be e+pressed to be !ade b the %resident, or b the =o4ernor of the State, as the
case !a be, and all such contracts and all assurances of propert !ade in the e+ercise of that
po&er shall be e+ecuted on behalf of the %resident or the =o4ernor b such persons and in such
!anner as he !a direct or authorise.
(2) 9either the %resident nor the =o4ernor shall be personall liable in respect of an contract or
assurance !ade or e+ecuted for the purposes of this *onstitution, or for the purposes of an
enact!ent relatin3 to the =o4ern!ent of India heretofore in force, nor shall an person !a'in3 or
e+ecutin3 an such contract or assurance on behalf of an of the! be personall liable in respect
thereof.
'99.S)it! and .ro&eedin+!.- (1) The =o4ernor of India !a sue or be sued b the na!e of the
Union and the =o4ern!ent of a State !a sue or be sued b the na!e of the State and !a,
subAect to an pro4isions &hich !a be !ade b ,ct of %arlia!ent or of the 6e3islature of such
State enacted b 4irtue of po&ers conferred b this *onstitution, sue or be sued in relation to their
respecti4e affairs in the li'e cases as the ?o!inion of India and the correspondin3 %ro4inces or
the correspondin3 Indian States !i3ht ha4e sued or been sued if this *onstitution had not been
enacted.
(2) If at the co!!ence!ent of this *onstitution-
(a) an le3al proceedin3s are pendin3 to &hich the ?o!inion of India is a part, the Union of India
shall be dee!ed to be substituted for the ?o!inion in those proceedin3s" and
(b) an le3al proceedin3s are pendin3 to &hich a %ro4ince or an Indian State is a part, the
correspondin3 State shall be dee!ed to be substituted for the %ro4ince or the Indian State in
those proceedin3s.
CHAPTER I> 1 RI;HT TO PROPERTY
'991A.%ersons not to be depri4ed of propert sa4e b authorit of la&.- 9o person shall be
depri4ed of his propert sa4e b authorit of la&.
PART =III1TRADE( CO::ERCE AND INTERCOURSE ?ITHIN THE TERRITORY OF INDIA
'91.Freedom of trade( &ommer&e and inter&o)r!e.- SubAect to the other pro4isions of this %art,
trade, co!!erce and intercourse throu3hout the territor of India shall be free.
'9.Po$er of Par#iament to im.o!e re!tri&tion! on trade( &ommer&e and inter&o)r!e.-
%arlia!ent !a b la& i!pose such restrictions on the freedo! of trade, co!!erce or
intercourse bet&een one State and another or &ithin an part of the territor of India as !a be
re#uired in the public interest.
'9'.Re!tri&tion! on the #e+i!#ati/e .o$er! of the Union and of the State! $ith re+ard to
trade and &ommer&e.- (1) 9ot&ithstandin3 anthin3 in ,rticle 312, neither %arlia!ent nor the
6e3islature of a State shall ha4e po&er to !a'e an la& 3i4in3, or authorisin3 the 3i4in3 of, an
preference to one State o4er another, or !a'in3, or authorisin3 the !a'in3 of, an discri!ination
bet&een one State and another, b 4irtue of an entr relatin3 to trade and co!!erce in an of
the 6ists in the Se4enth Schedule.
(2) 9othin3 in clause (1) shall pre4ent %arlia!ent fro! !a'in3 an la& 3i4in3, or authorisin3 the
3i4in3 of, an preference or !a'in3, or authorisin3 the !a'in3 of, an discri!ination if it is
declared b such la& that it is necessar to do so for the purpose of dealin3 &ith a situation
arisin3 fro! scarcit of 3oods in an part of the territor of India.
'9,.Re!tri&tion! on trade( &ommer&e and inter&o)r!e amon+ State!.1 Not$ith!tandin+
anythin+ in Arti&#e '91 or Arti&#e '9'( the -e+i!#at)re of a State may "y #a$ -
(a) i!pose on 3oods i!ported fro! other States or the Union territories an ta+ to &hich si!ilar
3oods !anufactured or produced in that State are subAect, so, ho&e4er, as not to discri!inate
bet&een 3oods so i!ported and 3oods so !anufactured or produced" and
(b) i!pose such reasonable restrictions on the freedo! of trade, co!!erce or intercourse &ith or
&ithin that State as !a be re#uired in the public interest$
%ro4ided that no Bill or a!end!ent for the purposes of clause shall be introduced or !o4ed in
the 6e3islature of a State &ithout the pre4ious sanction of the %resident.
'93.Sa/in+ of e*i!tin+ #a$! and #a$! .ro/idin+ for State mono.o#ie!.- 9othin3 in ,rticles
311 and 313 shall affect the pro4isions of an e+istin3 la& e+cept in so far as the %resident !a
be order other&ise direct" and nothin3 in ,rticle 311 shall affect the operation of an la& !ade
before the co!!ence!ent of the *onstitution (Fourth ,!end!ent) ,ct, 1-//, in so far as it
relates to, or pre4ent %arlia!ent or the 6e3islature of a State fro! !a'in3 an la& relatin3 to, an
such !atter as is referred to in sub-clause (ii) of clause (0) of ,rticle 1-.
'95.GPo$er of &ertain State! in Part @ of the Fir!t S&hed)#e to im.o!e re!tri&tion! on trade
and &ommer&e.H Re.. "y the Con!tit)tion ESe/enth AmendmentF A&t( 1835( Se&tion 8 and
S&hed)#e.
'96.A..ointment of a)thority for &arryin+ o)t the .)r.o!e! of Arti&#e! '91 to '9,.-
%arlia!ent !a b la& appoint such authorit as it considers appropriate for carrin3 out the
purposes of ,rticles 311, 312, 313 and 312, and confer on the authorit so appointed such
po&ers and such duties as it thin's necessar.
PART =I>1SER>ICES UNDER THE UNION AND THE STATES
CHAPTER I 1 SER>ICES
'97.Inter.retation.- In this %art, unless the conte+t other&ise re#uires, the e+pression 8State8
does not include the State of >a!!u and Eash!ir.
'98.Re&r)itment and &ondition! of !er/i&e of .er!on! !er/in+ the Union or a State.-
SubAect to the pro4isions of this *onstitution, ,cts of the appropriate 6e3islature !a re3ulate the
recruit!ent, and conditions of ser4ice of persons appointed, to public ser4ices and posts in
connection &ith the affairs of the Union or of an State$
%ro4ided that it shall be co!petent for the %resident or such person as he !a direct in the case
of ser4ices and posts in connection &ith the affairs of the Union, and for the =o4ernor of a State
or such person as he !a direct in the case of ser4ices and posts in connection &ith the affairs of
the State, to !a'e rules re3ulatin3 the recruit!ent, and the conditions of ser4ice of persons
appointed, to such ser4ices and posts until pro4ision in that behalf is !ade b or under an ,ct of
the appropriate 6e3islature under this article, and an rules so !ade shall ha4e effect subAect to
the pro4isions of an such ,ct.
'19.Ten)re of offi&e of .er!on! !er/in+ the Union or a State.- (1) 7+cept as e+pressl
pro4ided b this *onstitution, e4er person &ho is a !e!ber of a defence ser4ice or of a ci4il
ser4ice of the Union or of an all-India ser4ice or holds an post connected &ith defence or an
ci4il post under the Union, holds office durin3 the pleasure of the %resident, and e4er person
&ho is a !e!ber of a ci4il ser4ice of a State or holds an ci4il post under a State holds office
durin3 the pleasure of the =o4ernor of the State.
(2) 9ot&ithstandin3 that a person holdin3 a ci4il post under the Union or a State holds office
durin3 the pleasure of the %resident or, as the case !a be, of the =o4ernor of the State, an
contract under &hich a person, not bein3 a !e!ber of a defence ser4ice or of an all-India ser4ice
or of a ci4il ser4ice of the Union or a State, is appointed under this *onstitution to hold such a
post !a, if the %resident or the =o4ernor as the case !a be, dee!s it necessar in order to
secure the ser4ices of a person ha4in3 special #ualifications, pro4ide for the pa!ent to hi! of
co!pensation, if before the e+piration of an a3reed period, that post is abolished or he is, for
reasons not connected &ith an !isconduct on his part, re#uired to 4acate that post.
'11.Di!mi!!a#( remo/a# or red)&tion in ran% of .er!on! em.#oyed in &i/i# &a.a&itie! )nder
the Union or a State.- (1) 9o person &ho is a !e!ber of a ci4il ser4ice of the Union or an all-
India ser4ice or a ci4il ser4ice of a State or holds a ci4il post under the Union or a State shall be
dis!issed or re!o4ed b a authorit subordinate to that b &hich he &as appointed.
(2) 9o such person as aforesaid shall be dis!issed or re!o4ed or reduced in ran' e+cept after
an in#uir in &hich he has been infor!ed of the char3es a3ainst hi! and 3i4en a reasonable
opportunit of bein3 heard in respect of those char3es.
%ro4ided that &here it is proposed after such in#uir, to i!pose upon hi! an such penalt, such
penalt !a be i!posed on the basis of the e4idence adduced durin3 such in#uir and it shall not
be necessar to 3i4e such person an opportunit of !a'in3 representation on the penalt
proposed$
Pro/ided f)rther that thi! &#a)!e !ha## not a..#y-
(a) &here a person is dis!issed or re!o4ed or reduced in ran' on the 3round of conduct &hich
has led to his con4iction on a cri!inal char3e" or
(b) &here the authorit e!po&ered to dis!iss or re!o4e a person or to reduce hi! in ran' ins
satisfied that for so!e reason, to be recorded b that authorit in &ritin3, it is not reasonabl
practicable to hold such in#uir" or
; &here the %resident or the =o4ernor, as the case !a be, is satisfied that in the interest of the
securit of the State, it is not e+pedient to hold such in#uir.
(3) If, in respect of an such person as aforesaid, a #uestion arises &hether it is reasonabl
practicable to hold such in#uir as is referred to in clause (2), the decision thereon of the authorit
e!po&ered to dis!iss or re!o4e such person or to reduce hi! in ran' shall be final.
'1.A##1India Ser/i&e!.- (1) 9ot&ithstandin3 anthin3 in *hapter FI of %art FI or %art HI, if the
*ouncil of States has declared b resolution supported b not less than t&o-thirds of the
!e!bers present and 4otin3 that it is necessar or e+pedient in the national interest so to do,
%arlia!ent !a b la& pro4ide for the creation of one or !ore all-India ser4ices (includin3 an all-
India Audicial ser4ice) co!!on to the Union and the States, and, subAect to the other pro4isions of
this *hapter, re3ulate the recruit!ent, and the conditions of ser4ice of persons appointed, to an
such ser4ice.
(2) The ser4ices 'no&n at the co!!ence!ent of this *onstitution as the Indian ,d!inistrati4e
Ser4ice and the Indian %olice Ser4ice shall be dee!ed to be ser4ices created b %arlia!ent
under this article.
(3) The all-India Audicial ser4ice referred to in clause (1) shall not include an post inferior to that
of a district Aud3e as defined in article 230.
(2) The la& pro4idin3 for the creation of the all-India Audicial ser4ice aforesaid !a contain such
pro4isions for the a!end!ent of *hapter FI of %art FI as !a be necessar for 3i4in3 effect to
the pro4isions of that la& and no such la& shall be dee!ed to be an a!end!ent of this
*onstitution for the purposes of article 30:.
'11A.Po$er of Par#iament to /ary or re/o%e &ondition! of !er/i&e of offi&er! of &ertain
!er/i&e!.1 E1F Par#iament may "y #a$-
(a) 4ar or re4o'e, &hether prospecti4el or retrospecti4el, the conditions of ser4ice as respects
re!uneration, lea4e and pension and the ri3hts as respects disciplinar !atters of persons &ho,
ha4in3 been appointed b the Secretar of State or Secretar of State in *ouncil to a ci4il ser4ice
of the *ro&n in India before the co!!ence!ent of this *onstitution, continue on and after the
co!!ence!ent of the *onstitution (T&ent-ei3ht ,!end!ent) ,ct, 1-.2, to ser4e under the
=o4ern!ent of India or of a State in an ser4ice or post"
(b) 4ar or re4o'e, &hether prospecti4el or retrospecti4el, the conditions of ser4ice as respects
pension of persons &ho, ha4in3 been appointed b the Secretar of State or Secretar of State in
*ouncil to a ci4il ser4ice of the *ro&n in India before the co!!ence!ent of this *onstitution,
retired or other&ise ceased to be in ser4ice at an ti!e before the co!!ence!ent of the
*onstitution (T&ent-ei3ht ,!end!ent) ,ct, 1-.2$
%ro4ided that in the case of an such person &ho is holdin3 or has held the office of the *hief
>ustice or other >ud3e of the Supre!e *ourt or a 5i3h *ourt, the *o!ptroller and ,uditor-
=eneral of India, the *hair!an or other !e!bers of the Union or a State %ublic Ser4ice
*o!!ission or the *hief 7lection *o!!issioner, nothin3 in sub-clause (a) or sub-clause (b) shall
be construed as e!po&erin3 %arlia!ent to 4ar or re4o'e, after his appoint!ent to such post, the
condition of his ser4ice to his disad4anta3e e+cept in so far as such conditions of his ser4ice to
his disad4anta3e e+cept in so far as such condition of ser4ice are applicable to hi! b reason of
his bein3 a person appointed b the Secretar of State or Secretar of State in *ouncil to a ci4il
ser4ice of the *ro&n in India.
(2) 7+cept to the e+tent pro4ided for b %arlia!ent b la& under this article, nothin3 in this article
shall affect the po&er of an le3islature or other authorit under an other pro4ision of this
*onstitution to re3ulate the conditions of ser4ice of persons referred to in clause (1).
(3) 9either the Supre!e *ourt nor an other court shall ha4e Aurisdiction in-
(a) an dispute arisin3 out of an pro4ision of, or an endorse!ent on, an co4enant, a3ree!ent
or other si!ilar instru!ent &hich &as entered into or e+ecuted b an person referred to in clause
(1), or arisin3 out of an letter issued to such person, in relation to his appoint!ent to an ci4il
ser4ice of the *ro&n in India or his continuance in ser4ice under the =o4ern!ent of the ?o!inion
of India or a %ro4ince thereof" an dispute in respect of an ri3ht, liabilit or obli3ation under
,rticle 312 as ori3inall enacted. The pro4isions of the article shall ha4e effect not&ithstandin3
anthin3 in ,rticle 312 as ori3inall enacted or in an other pro4ision of this *onstitution.
'1'.Tran!itiona# .ro/i!ion!.- Until other pro4ision is !ade in this behalf under this *onstitution,
all the la&s in force i!!ediatel before the co!!ence!ent of this *onstitution and applicable to
an public ser4ice or an post &hich continues to e+ist after the co!!ence!ent of ser4ice or
post under the Union or a State shall continue in force so far as consistent &ith the pro4isions of
this *onstitution.
'1,.GPro/i!ion for .rote&tion of e*i!tin+ offi&er! of &ertain !er/i&e!.H Re.. "y the
Con!tit)tion ET$enty1ei+ht AmendmentF A&t( 186( Se&tion ' E$.e.f. 8.97.186FH
CHAPTER II 1 PU@-IC SER>ICE CO::ISSION
'13.P)"#i& Ser/i&e Commi!!ion! for the Union and for the State!.- (1) SubAect to the
pro4isions of this article, there shall be a %ublic Ser4ice *o!!ission for the Union and a %ublic
Ser4ice *o!!ission for each State.
(2) T&o or !ore States !a a3ree that there shall be one %ublic Ser4ice *o!!ission for that
3roup of States, and if a resolution to that effect is passed b the 5ouse or, &here there are t&o
5ouses, b each 5ouse of the 6e3islature of each of those States, %arlia!ent !a b la&
pro4ide for the appoint!ent of a >oint State %ublic Ser4ice *o!!ission (referred to in this
*hapter as >oint *o!!ission) to ser4e the needs of those States.
(3) ,n such la& as aforesaid !a contain such incidental and conse#uential pro4isions as !a
be necessar or desirable for 3i4in3 effect to the purposes of the la&.
(2) The %ublic Ser4ice *o!!ission for the Union, if re#uested so to do b the =o4ernor of a
State, !a, &ith the appro4al of the %resident, a3ree to ser4e all or an of the needs of the State.
(/) )eferences in this *onstitution to the Union %ublic Ser4ice *o!!ission or a State %ublic
Ser4ice *o!!ission shall, unless the conte+t other&ise re#uires, be construed as references to
the *o!!ission ser4in3 the needs of the Union or, as the case !a be, the State as respects the
particular !atter in #uestion.
'15. A..ointment and term of offi&e of mem"er!.- (1) The *hair!an and other !e!bers of a
%ublic Ser4ice *o!!ission shall be appointed, in the case of the Union *o!!ission or a >oint
*o!!ission, b the %resident, and in the case of a State *o!!ission, b the =o4ernor of the
State$
%ro4ided that as nearl as !a be one-half of the !e!bers of e4er %ublic Ser4ice *o!!ission
shall be persons &ho at the dates of their respecti4e appoint!ents ha4e held office for at least
ten ears either under the =o4ern!ent of India or under the =o4ern!ent of a State, and in
co!putin3 the said period of ten ears an period before the co!!ence!ent of this *onstitution
durin3 &hich a person has held office under the *ro&n in India or under the =o4ern!ent of an
Indian State shall be included.
(1-,). If the office of the *hair!an of the *o!!ission beco!es 4acant or if an such *hair!an is
b reason of absence or for an other reason unable to perfor! the duties of his office, those
duties shall, until so!e persons appointed under clause (1) to the 4acant office has entered on
the duties thereof or, as the case !a be, until the *hair!an has resu!ed his duties, be
perfor!ed b such one of the other !e!bers of the *o!!ission as the %resident, in the case of
the Union *o!!ission or a >oint *o!!ission, and the =o4ernor of the State in the case of a
State in the case of a State *o!!ission, !a appoint for the purpose.
(2) , !e!ber of a %ublic Ser4ice *o!!ission shall hold office for a ter! of si+ ears fro! the
date on &hich he enters upon his office or until he attains, in the case of the Union *o!!ission,
the a3e of si+t-fi4e ears, and in the case of a State *o!!ission or a >oint *o!!ission, the a3e
of si+t-t&o ears, &hiche4er is earlier$
%ro4ided that -
(a) a !e!ber of a %ublic Ser4ice *o!!ission !a, b &ritin3 under his hand addressed, in the
case of the Union *o!!ission or a >oint *o!!ission, to the %resident, and in the case of a State
*o!!ission, to the =o4ernor of the State, resi3n his office"
(b) a !e!ber of a %ublic Ser4ice *o!!ission !a be re!o4ed fro! his office in the !anner
pro4ided in clause (1) or clause (3) of ,rticle 31..
(3) , person &ho holds office as a !e!ber of a %ublic Ser4ice *o!!ission shall, on the
e+piration of his ter! of office, be ineli3ible for re-appoint!ent to that office.
'16.Remo/a# and !)!.en!ion of a mem"er of a P)"#i& Ser/i&e Commi!!ion.- (1) SubAect to
the pro4isions of clause (3), the *hair!an or an other !e!ber of a %ublic Ser4ice *o!!ission
shall onl be re!o4ed fro! his office b order of the %resident on the 3round of !isbeha4iour
after the Supre!e *ourt, on reference bein3 !ade to it b the %resident, has, on in#uir held in
accordance &ith the procedure prescribed in that behalf under ,rticle 12/, reported that the
*hair!an or such other !e!ber, as the case !a be, ou3ht on an such 3round to be re!o4ed.
(2) The %resident, in the case of the Union *o!!issionor a >oint *o!!ission, and the =o4ernor
in the case of a State *o!!ission, !a suspend fro! office the *hair!an or an other !e!ber
of the *o!!ission in respect of &ho! a reference has been !ade to the Supre!e *ourt under
clause (1) until the %resident has passed orders on receipt of the report of the Supre!e *ourt on
such reference.
(3) 9ot&ithstandin3 anthin3 in clause (1), the %resident !a b order re!o4e fro! office the
*hair!an or an other !e!ber of a %ublic Ser4ice *o!!ission if the *hair!an or such other
!e!ber, as the case !a be,-
(a) is adAud3ed an insol4ent" or
(b) en3a3es durin3 his ter! of office in an paid e!plo!ent outside the duties of his office" or
; is, in the opinion of the %resident, unfit to continue in office b reason of infir!it of !ind or
bod.
(2) If the *hair!an or an other !e!ber of a %ublic Ser4ice *o!!ission is or beco!es in an
&a concerned or interested in an contract or a3ree!ent !ade b or on behalf of the
=o4ern!ent of India or the =o4ern!ent of a State or participates in an &a in the profit thereof
or in an benefit or e!olu!ent arisin3 therefro! other&ise than as a !e!ber and in co!!on
&ith the other !e!bers of an incorporated co!pan, he shall, for the purposes of clause (1), be
dee!ed to be 3uilt of !isbeha4iour.
'17.Po$er to ma%e re+)#ation! a! to &ondition! of !er/i&e of mem"er! and !taff of the
Commi!!ion.- In the case of the Union *o!!ission or a >oint *o!!ission, the %resident and, in
the case of a State *o!!ission, the =o4ernor of the State !a b re3ulations-
(a) deter!ine the, nu!ber of !e!bers of the *o!!ission and their conditions of ser4ice" and
(b) !a'e pro4ision &ith respect to the nu!ber of !e!bers of the staff of the co!!ission and
their conditions of ser4ice$
%ro4ided that the conditions of ser4ice of a !e!ber of a %ublic Ser4ice *o!!ission shall not be
4aried to his disad4anta3e after his appoint!ent.
'18. Prohi"ition a! to the ho#din+ of offi&e! "y mem"er! of Commi!!ion on &ea!in+ to "e
!)&h mem"er!.- Bn ceasin3 to hold office-
(a) the *hair!an of the Union %ublic Ser4ice *o!!ission shall be ineli3ible for further
e!plo!ent either under the =o4ern!ent of India or under the =o4ern!ent of a State"
(b) the *hair!an of a State %ublic Ser4ice *o!!ission shall be eli3ible for appoint!ent as the
*hair!an or an other !e!ber of the Union %ublic Ser4ice *o!!ission or as the *hair!an of
an other State %ublic Ser4ice *o!!ission, but not for an other e!plo!ent either under the
=o4ern!ent of India or under the =o4ern!ent of a State"
; a !e!ber other than the *hair!an of th Union %ublic Ser4ice *o!!ission shall be eli3ible for
appoint!ent as the *hair!an of the Union %ublic Ser4ice co!!ission or as the *hair!an of a
State %ublic Ser4ice *o!!ission, but not for an other e!plo!ent either under the =o4ern!ent
of India or under the =o4ern!ent of a State"
(d) a !e!ber other than the *hair!an of a State %ublic Ser4ice *o!!ission shall be eli3ible for
appoint!ent as the *hair!an or an other !e!ber of the Union %ublic Ser4ice *o!!ission or
as the *hair!an of that of an other State %ublic Ser4ice *o!!ission, but not for an other
e!plo!ent either under the =o4ern!ent of India or under the =o4ern!ent of a State.
'9.F)n&tion! of P)"#i& Ser/i&e Commi!!ion!.-3 (1) It shall be the dut of the Union and the
State %ublic Ser4ice *o!!ission to conduct e+a!inations for appoint!ents to the ser4ices of the
Union and the ser4ices of the State respecti4el.
(2) It shall also be the dut of the Union %ublic Ser4ice *o!!ission, if re#uested b an t&o or
!ore State so to do, to assist those States in fra!in3 and operatin3 sche!es of Aoint recruit!ent
for an ser4ices for &hich candidates possessin3 special #ualifications are re#uired.
(3) The Union %ublic Ser4ice *o!!ission or the State %ublic Ser4ice *o!!ission, as the case
!a be, shall be consulted-
(a) on all !atters relatin3 to !ethods of recruit!ent to ci4il ser4ices and for ci4il posts"
(b) on the principles to be follo&ed in !a'in3 appoint!ents to ci4il ser4ices and posts and in
!a'in3 pro!otions and transfers fro! one ser4ice to another and on the suitabilit of candidates
for such appoint!ents, pro!otions or transfers"
; on all disciplinar !atters affectin3 a person ser4in3 under the =o4ern!ent of India or the
=o4ern!ent of a State in a ci4il capacit, includin3 !e!orials or petitions relatin3 to such
!atters"
(d) on an clai! b or in respect of a person &ho is ser4in3 or has ser4ed under the =o4ern!ent
of India or the =o4ern!ent of a State or under the *ro&n in India or under the =o4ern!ent of an
Indian State, in a ci4il capacit, that an costs incurred b hi! in defendin3 le3al proceedin3s
instituted a3ainst hi! in respect of acts done or purportin3 to be done in the e+ecution of his dut
should be paid out of the *onsolidated Fund of India, or, as the case !a be, out of the
*onsolidated Fund of the State"
(e) on an clai! for the a&ard of a pension in respect of inAuries sustained b a person &hile
ser4in3 under the =o4ern!ent of India or the =o4ern!ent of a State or under the *ro&n in India
or under the =o4ern!ent of an Indian State, in a ci4il capacit, and an #uestion as to the a!ount
of an such a&ard, and it shall be the dut of a %ublic Ser4ice *o!!ission to ad4ice on an
!atter so referred to the! and on an other !atter &hich the %resident, or, as the case !a be,
the =o4ernor, of the State, !a refer to the!$
%ro4ided that the %resident as respects the all-India ser4ices and also as respects other ser4ices
and posts in connection &ith the affairs of the Union, and the =o4ernor, as respects other
ser4ices and posts in connection &ith the affairs of a State, !a !a'e re3ulations specifin3 the
!atters in &hich either 3enerall, or in an particular class of case or in an particular
circu!stances, it shall not be necessar for a %ublic Ser4ice *o!!ission to be consulted.
(2) 9othin3 in clause (3) shall re#uire a %ublic Ser4ice *o!!ission to be consulted as respects
the !anner in &hich an pro4ision referred to in clause (2) of ,rticle 10 !a be !ade or as
respects the !anner in &hich effect !abe 3i4en to the pro4isions of ,rticle 33/.
(/) ,ll re3ulations !ade under the pro4iso to clause (3) b the %resident or the =o4ernor of a
State shall be laid for not less than fourteen das before each 5ouse of %arlia!ent or the 5ouse
or each 5ouse of the 6e3islature of the State, as the case !a be, as soon as possible after the
are !ade, and shall be subAect to such !odifications, &hether b &a of repeal or a!end!ent,
as both 5ouses of %arlia!ent or the 5ouse or both 5ouses of the 6e3islature of the State !a
!a'e durin3 the session in &hich the are so laid.
'1.Po$er to e*tend f)n&tion! of P)"#i& Ser/i&e Commi!!ion!.- ,n ,ct !ade b %arlia!ent
or, as the case !a be, the 6e3islature of a State !a pro4ide for the e+ercise of additional
functions b the Union %ublic Ser4ice *o!!ission or the State %ublic Ser4ice *o!!ission as
respects the ser4ices of the Union of the State and also as respects the ser4ices of an local
authorit or other bod corporate constituted b la& or of an public institution.
'.E*.en!e! of P)"#i& Ser/i&e Commi!!ion.- The e+penses of the Union or a State %ublic
Ser4ice *o!!ission, includin3 an salaries, allo&ances and pensions paable to or in respect of
the !e!bers or staff of the *o!!ission, shall be char3ed on the *onsolidated Fund of India or,
as the case !a be, the *onsolidated Fund of the State.
''.Re.ort! of P)"#i& Ser/i&e Commi!!ion!.- (1) It shall be the dut of the Union *o!!ission
to present annuall to the %resident a report as to the &or' done b the *o!!ission and on
receipt of such report the %resident shall cause a cop thereof to3ether &ith a !e!orandu!
e+plainin3, as respects the cases, if an, &here the ad4ice of the *o!!ission &as not accepted,
the reason for such non-acceptance to be laid before each 5ouse of %arlia!ent.
(2) It shall be the dut of a State *o!!ission to present annuall to the =o4ernor of the State a
report as to the &or' done b the *o!!ission, and it shall be the dut of a >oint *o!!ission to
present annuall to the =o4ernor of each of the States the needs of &hich are ser4ed b the >oint
*o!!ission a report as to the &or' done b the *o!!ission in relation to that State, and in
either case the =o4ernor shall, on receipt of such report, cause a cop thereof to3ether &ith a
!e!orandu! e+plainin3, as respects the cases, if an, &here the ad4ice of the *o!!ission &as
not accepted, the reasons for such non-acceptance to be laid before the 6e3islature of the State.
PART =I>A1TRI@UNA-S
''1A.Admini!trati/e tri")na#!.- %arlia!ent !a, b la&, pro4ide for the adAudication or trial b
ad!inistrati4e tribunals of disputes and co!plaints &ith respect to recruit!ent and conditions of
ser4ice of persons appointed to public ser4ices and posts in connection &ith the affairs of the
Union or of an State or of an local or other authorit &ithin the territor of India or under the
control of the =o4ern!ent of India or of an corporation o&ned or controlled b the =o4ern!ent.
(2) , la& !ade under clause (1) !a-
(a) pro4ide for the establish!ent of an ad!inistrati4e tribunal for the Union and a separate
ad!inistrati4e tribunal for each State or for t&o or !ore States"
(b) specif the Aurisdiction, po&ers (includin3 the po&er to punish for conte!pt) and authorit
&hich !a be e+ercised b each of the said tribunals"
; pro4ide for the procedure (includin3 pro4isions as to li!itation and rules of e4idence) to be
follo&ed b the said tribunals"
(d) e+clude the Aurisdiction of all courts, e+cept the Aurisdiction of the Supre!e *ourt under ,rticle
130, &ith respect to the disputes or co!plaints referred to in clause (1)"
(e) pro4ide for the transfer to each such ad!inistrati4e tribunal of an cases pendin3 before an
court or other authorit i!!ediatel before the establish!ent of such tribunal as &ould ha4e been
&ithin the Aurisdiction of such tribunal if the cause of action on &hich such suits or proceedin3s
are based had arisen after such establish!ent"
(f) repeal or a!end an order !ade b the %resident under clause (3) of ,rticle 3.1?"
(3) contain such supple!ental, incidental and conse#uential pro4isions (includin3 pro4isions as to
fees) as %arlia!ent !a dee! necessar for the effecti4e functionin3 of, and for the speed
disposal of cases b, and the enforce!ent of the orders of, such tribunals.
(3) The pro4isions of this article shall ha4e effect not&ithstandin3 anthin3 in an other pro4ision
of this *onstitution or in an other la& for the ti!e bein3 in force.
''1@.Tri")na#! for other matter!.- (1) The appropriate 6e3islature !a, b la&, pro4ide for the
adAudication or trial b tribunals of an disputes, co!plaints, or offences &ith respect to all or an
of the !atters specified in clause (2) &ith respect to &hich such 6e3islature has po&er to !a'e
la&s.
(2) The !atters referred to in clause (1) are the follo&in3, na!el$-
(a) le4, assess!ent, collection and enforce!ent of an ta+"
(b) forei3n e+chan3e, i!port and e+port across custo!s frontiers"
; industrial and labour disputes"
(d) land refor!s b &a of ac#uisition b the State of an estate as defined in ,rticle 31, or of
an ri3hts therein or the e+tin3uish!ent or !odification of an such ri3hts or b &a of ceilin3 on
a3ricultural land or in an other &a"
(e) ceilin3 on urban propert"
(f) elections to either 5ouse of %arlia!ent or the 5ouse or either 5ouse of the 6e3islature of a
State, but e+cludin3 the !atters referred to in ,rticle 32- and ,rticle 32-,"
(3) production, procure!ent, suppl and distribution of foodstuffs (includin3 edible oilseeds and
oils) and such other 3oods as the %resident !a, b public notification, declare to be essential
3oods for the purpose of this article and control of prices of such 3oods"
(h) offences a3ainst la&s &ith respect to an of the !atters specified in sub-clause (a) to (3) and
fees in respect of an of those !atters"
(i) an !atter incidental to an of the !atters specified in sub-clause (a) to (h).
(3) , la& !ade under clause (1) !a-
(a) pro4ide for the establish!ent of a hierarch of tribunals"
(b) specif the Aurisdiction, po&ers (includin3 the po&er to punish for conte!pt) and authorit
&hich !a be e+ercised b each of the said tribunals"
; pro4ide for the procedure (includin3 pro4isions as to li!itation and rules of e4idence) to be
follo&ed b the said tribunals"
(d) e+clude the Aurisdiction of all courts e+cept the Aurisdiction of the Supre!e *ourt under ,rticle
130 &ith respect to all or an of the !atters fallin3 &ithin the Aurisdiction of the said tribunals"
(e) pro4ide for the transfer to each such tribunal of an cases pendin3 before an court or an
other authorit i!!ediatel before the establish!ent of such tribunal as &ould ha4e been &ithin
the Aurisdiction of such tribunal if the causes of action on &hich such suits or proceedin3s are
based had arisen after such establish!ent"
(f) contain such supple!ental, incidental and conse#uential pro4isions (includin3 pro4isions as to
fees) as the appropriate 6e3islature !a dee! necessar for the effecti4e functionin3 of, and for
the speed disposal of cases b, and the enforce!ent of the orders of, such tribunals.
(2) The pro4isions of this article shall ha4e effect not&ithstandin3 anthin3 in an other pro4ision
of this *onstitution or in an other la& for the ti!e bein3 in force.
7+planation.- In this article, 8appropriate 6e3islature8, in relation to an !atter, !eans %arlia!ent
or, as the case !a be, a State 6e3islature co!petent to !a'e la&s &ith respect to such !atter
in accordance &ith the pro4isions of %art HI.
PART =>1E-ECTIONS
',.S).erintenden&e( dire&tion and &ontro# of e#e&tion! to "e /e!ted in an E#e&tion
Commi!!ion.-
(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the
conduct of, all elections to %arlia!ent and to the 6e3islature of e4er State and of elections to the
offices of %resident and Fice-%resident held under this *onstitution shall be 4ested in a
*o!!ission (referred to in this *onstitution as the 7lection *o!!ission).
(2) The 7lection *o!!ission shall consist of the *hief 7lection *o!!issioner and such nu!ber
of other 7lection *o!!issioners, if an, as the %resident !a fro! ti!e to ti!e fi+ and the
appoint!ent of the *hief 7lection *o!!issioner and other 7lection *o!!issioners shall, subAect
to the pro4isions of an la& !ade in that behalf b %arlia!ent, be !ade b the %resident.
(3) Dhen an other 7lection *o!!issioner is so appointed the *hief 7lection *o!!issioner shall
act as the *hair!an of the 7lection *o!!ission.
(2) Before each 3eneral election to the 5ouse of the %eople and to the 6e3islati4e ,sse!bl of
each State, and before the first 3eneral election and thereafter before each biennial election to
the 6e3islati4e *ouncil of each State ha4in3 such *ouncil, the %resident !a also appoint after
consultation &ith the 7lection *o!!ission such )e3ional *o!!issioners as he !a consider
necessar to assist the 7lection *o!!ission in the perfor!ance of the functions conferred on the
*o!!ission b clause (1).
(/) SubAect to the pro4isions of an la& !ade b %arlia!ent, the conditions of ser4ice and tenure
of office of the 7lection *o!!issioners and the )e3ional *o!!issioners shall be such as the
%resident !a b rule deter!ine"
%ro4ided that the *hief 7lection *o!!issioner shall not be re!o4ed fro! his office e+cept in li'e
!anner and on the li'e 3rounds as a >ud3e of the Supre!e *ourt and the conditions of ser4ice of
the *hief 7lection *o!!issioner shall not be 4aried to his disad4anta3e after his appoint!ent$
%ro4ided further that an other 7lection *o!!issioner or a )e3ional *o!!issioner shall not be
re!o4ed fro! office e+cept on the reco!!endation of the *hief 7lection *o!!issioner.
(0) The %resident, or the =o4ernor of a State, shall, &hen so re#uested b th 7lection
*o!!ission, !a'e a4ailable to the 7lection *o!!ission or to a )e3ional *o!!issioner such
staff as !a be necessar for the dischar3e of the functions conferred on the 7lection
*o!!ission b clause (1).
'3.No .er!on to "e ine#i+i"#e for in&#)!ion in( or to &#aim to "e in&#)ded in a !.e&ia#(
e#e&tora# ro## on +ro)nd! of re#i+ion( ra&e( &a!te or !e*.- There shall be one 3eneral electoral
roll for e4er territorial constituenc for election to either 5ouse of %arlia!ent or to the 5ouse or
either 5ouse of the 6e3islature of a State and no person shall be ineli3ible for inclusion in an
such roll or clai! to be included in an special electoral roll for an such constituenc on 3rounds
onl of reli3ion, race, caste, se+ or an of the!.
'5.E#e&tion! to the Ho)!e of the Peo.#e and to the -e+i!#ati/e A!!em"#ie! of State! to "e
on the "a!i! of ad)#t !)ffra+e.- The elections to the 5ouse of the %eople and to the 6e3islati4e
,sse!bl of e4er State shall be on the basis of adult suffra3e" but is to sa, e4er person &ho is
a citi<en of India and &ho is not less than t&ent-one ears of a3e on such date as !a be fi+ed
in that behalf b or under an la& !ade b the appropriate le3islature and is not other&ise
dis#ualified under this constitution or an la& !ade b the appropriate 6e3islature on the 3round
of non-residence, unsoundness of !ind, cri!e or corrupt or ille3al practice, shall be entitled to be
re3istered as a 4oter at an such election.
'6.Po$er of Par#iament to ma%e .ro/i!ion $ith re!.e&t to e#e&tion! to -e+i!#at)re!.-
SubAect to the pro4isions of this constitution, %arlia!ent !a fro! ti!e to ti!e b la& !ade
pro4ision &ith respect to all !atters relatin3 to, or in connection &ith, elections to either 5ouse of
%arlia!ent or to the 5ouse or either 5ouse of the 6e3islature of a State includin3 the preparation
of electoral rolls, the deli!itation of constituencies and all other !atters necessar for securin3
the due constitution of such 5ouse or 5ouses.
'7.Po$er of -e+i!#at)re of a State to ma%e .ro/i!ion $ith re!.e&t to e#e&tion! to !)&h
-e+i!#at)re.- SubAect to the pro4isions of this *onstitution and in so far as pro4ision in that behalf
is not !ade b %arlia!ent, the 6e3islature of a State !a fro! ti!e to ti!e bla& !a'e pro4ision
&ith respect to all !atters relatin3 to, or in connection &ith, the elections to the 5ouse or either
5ouse of the 6e3islature of the State includin3 the preparation of electoral rolls and all other
!atters necessar for securin3 the due constitution of such 5ouse or 5ouses.
'8.@ar to interferen&e "y &o)rt! in e#e&tora# matter!.1 Not$ith!tandin+ anythin+ in thi!
Con!tit)tion-
(a) the 4alidit of an la& relatin3 to the deli!itation of constituencies or the allot!ent of seats to
such constituencies, !ade or purportin3 to be !ade under ,rticle 32. or ,rticle 32:, shall not be
called in #uestion in an court"
(b) 9o election to either 5ouse of %arlia!ent or to the 5ouse or either 5ouse of the 6e3islature of
a State shall be called in #uestion e+cept b an election petition presented to such authorit and
in such !anner as !a be pro4ided for b or under an la& !ade b the appropriate 6e3islature.
'81A.S.e&ia# .ro/i!ion a! to e#e&tion! to Par#iament in the &a!e of Prime :ini!ter and
S.ea%er. GOmitted.H
PART =>I1SPECIA- PRO>ISIONS RE-ATIN; TO CERTAIN C-ASSES
''9.Re!er/ation of !eat! for S&hed)#ed Ca!te! and S&hed)#ed Tri"e! in the Ho)!e of the
Peo.#e.- (1) Seats shall be reser4ed in the 5ouse of the %eople for-
(a) the Scheduled *astes"
(b) the Scheduled Tribes e+cept the Scheduled Tribes in the autono!ous districts of ,ssa!" and
; the Scheduled Tribes in the autono!ous districts of ,ssa!.
(2) The nu!ber of seats reser4ed in an State (or Union territorC for the Scheduled *astes or the
Scheduled Tribes under clause (1) shall bear, as nearl as !a be, the sa!e proportion to the
total nu!ber of seats allotted to that State (or Union territorC in the 5ouse of the %eople as the
population of the Scheduled *astes in the State (or Union territorC or of the Scheduled Tribes in
the State (or Union territorC or part of the State (or Union territorC, as the case !a be, in
respect of &hich seats are so reser4ed, bears to the total population of the State (or Union
territorC.
(3) 9ot&ithstandin3 anthin3 contained in clause (2), the nu!ber of seats reser4ed in the 5ouse
of the %eople for the Scheduled Tribes in the autono!ous districts of ,ssa! shall bear to the total
nu!ber of seats allotted to that State a proportion not less than the population of the Scheduled
Tribes in the said autono!ous districts bears to the total population of the State.
7+planation.- In this article 332, the e+pression 8population8 !eans the population as ascertained
at the last precedin3 census of &hich the rele4ant fi3ures ha4e been published$
%ro4ided that the reference in this 7+planation to the last precedin3 census of &hich the rele4ant
fi3ures ha4e been published shall, until the rele4ant fi3ures for the first census ta'en after the
ear 2111 ha4e been published, be construed as a reference to the 1-.1 census.
331.)epresentation of the ,n3lo-Indian co!!unit in the 5ose of the %eople.- 9ot&ithstandin3
anthin3 in ,rticle :1, the %resident !a, if he is of opinion that the ,n3lo-Indian co!!unit is not
ade#uatel represented in the 5ouse of the people, no!inate not !ore than t&o !e!bers of that
co!!unit to the 5ouse of the %eople.
332.)eser4ation of seats for Scheduled *astes and Scheduled Tribes in the 6e3islati4e
,sse!blies of the States.-
(1) Seats shall be reser4ed for the Scheduled *astes and the Scheduled Tribes, (e+cept the
Scheduled Tribes in the tribal areas of ,ssa!, in 9a3aland and in @e3halaaC, in the 6e3islati4e
,sse!bl of e4er State.
(2) Seats shall be reser4ed also for the autono!ous districts in the 6e3islati4e ,sse!bl of the
State of ,ssa!.
(3) The nu!ber of seats reser4ed for the Scheduled *astes or the Scheduled Tribes in the
6e3islati4e ,sse!bl nearl as !a be, the sa!e proportion to the ;total nu!ber of seats in the
,sse!bl as the population of the Scheduled *astes in th State or of the Scheduled Tribes in the
State or part of the State, as the case !a be, in respect of &hich seats are so reser4ed bears to
the total population of the State.
(2) The nu!ber of seats reser4ed for an autono!ous district in the le3islati4e ,sse!bl of the
State of ,ssa! shall bear to the total nu!ber of seats in that ,sse!bl a proportion not less than
the population of the district bears to the total population of the State.
(/) The constituencies for the seats reser4ed for an autono!ous district of ,ssa! shall not
co!prise an area outside that district.
(0) 9o person &ho is not a !e!ber of a Scheduled Tribe of an autono!ous district of the State
of ,ssa! shall be eli3ible for election to the 6e3islati4e ,sse!bl of the State fro! an
constituenc of that district.
'''.Re.re!entation of the An+#o1Indian &omm)nity in the -e+i!#ati/e A!!em"#ie! of the
State!.- 9ot&ithstandin3 anthin3 in ,rticle 1.1, the =o4ernor of a State !a, if he is of opinion
that the ,n3lo-Indian co!!unit needs representation in the 6e3islati4e ,sse!bl of the State
and is not ade#uatel represented therein, (no!inate one !e!ber of that co!!unit to the
,sse!blC.
'',.Re!er/ation of !eat! and !.e&ia# re.re!entation to &ea!e after forty year!.-
9ot&ithstandin3 anthin3 in the fore3oin3 pro4isions of this %art, the pro4isions of *onstitution
relatin3 to -
(a) the reser4ation of seats for the Scheduled *astes and the Scheduled Tribes in the 5ouse of
the %eople and in the 6e3islati4e ,sse!blies of the States" and
(b) the representation of the ,n3lo-Indian co!!unit in the 5ouse of the %eople and in the
6e3islati4e ,sse!blies of the States b no!ination, shall cease to ha4e effect on the e+piration of
a period of (fort earsC fro! the co!!ence!ent of this *onstitution$
%ro4ided that nothin3 in this article shall affect an representation in the 5ouse of the %eople or in
the le3islati4e ,sse!bl of a State until the dissolution of the then e+istin3 5ouse or ,sse!bl, as
the case !a be.
''3.C#aim! of S&hed)#ed Ca!te! and S&hed)#ed Tri"e! to !er/i&e! and .o!t!.- The clai!s
of the !e!bers of the Scheduled *astes and the Scheduled Tribes shall be ta'en into
consideration, consistentl &ith the !aintenance of efficienc of ad!inistration, in the !a'in3 of
appoint!ents to ser4ices and posts in connection &ith the affairs of the Union or of a State.
''5.S.e&ia# .ro/i!ion for An+#o1Indian &omm)nity in &ertain !er/i&e!.- (1) ?urin3 the first
t&o ears after the co!!ence!ent of this *onstitution, appoint!ents of !e!bers of the ,n3lo-
Indian co!!unit to posts in the rail&a, custo!s, postal and tele3raph ser4ices of the Union
shall be !ade on the sa!e basis as i!!ediatel before the fifteenth da of ,u3ust, 1-2..
?urin3 e4er succeedin3 period of t&o ears, the nu!ber of posts reser4ed for the !e!bers of
the said co!!unit in the said ser4ices shall, as nearl as possible, be less b ten per cent than
the nu!bers so reser4ed durin3 the i!!ediatel precedin3 period of t&o ears$
%ro4ided that at the end of ten ears fro! the co!!ence!ent of this *onstitution all such
reser4ations shall cease.
(2) 9othin3 in clause (1) shall bar the appoint!ent of !e!bers of the ,n3lo-Indian co!!unit to
posts other than, or in addition to, those reser4ed for the co!!unit under that clause if such
!e!bers are found #ualified for appoint!ent on !erit as co!pared &ith the !e!bers of other
co!!unities.
''6.S.e&ia# .ro/i!ion $ith re!.e&t to ed)&ationa# +rant! for the "enefit of An+#o1Indian
&omm)nity.- ?urin3 the first three financial ears after the co!!ence!ent of this *onstitution,
the sa!e 3rants, if an, shall be !ade b the Union and b each State for the benefit of the
,n3lo-Indian co!!unit in respect of education as &ere !ade in the financial ear endin3 on the
thirt-first da of @arch, 1-2:.
?urin3 e4er succeedin3 period of three ears the 3rants !a be less b ten per cent than those
for the i!!ediatel precedin3 period of three ears$
%ro4ided that at the end of ten ears fro! the co!!ence!ent of this *onstitution such 3rants, to
the e+tent to &hich the are a special concession to the ,n3lo-Indian co!!unit, shall cease$
%ro4ided further that no educational institution shall be entitled to recei4e an 3rant under this
article unless at least fort per cent of annual ad!issions therein are !ade a4ailable to !e!bers
of co!!unities other than the ,n3lo-Indian co!!unit.
''7.S.e&ia# Offi&er for S&hed)#ed Ca!te!( S&hed)#ed Tri"e! et&.- (1) There shall be a Special
Bfficer for the Scheduled *astes and Scheduled Tribes to be appointed b the %resident.
(2) It shall be the dut of the Special Bfficer to in4esti3ate all !atters relatin3 to the safe3uards
pro4ided for the Scheduled *astes and Scheduled Tribes under this *onstitution and report to the
%resident upon the &or'in3 of those safe3uards at such inter4als as the %resident !a direct,
and the %resident shall cause all such reports to be laid before each 5ouse of %arlia!ent.
(3) In this article references to the Scheduled *astes and Scheduled Tribes shall be construed as
includin3 references to such other bac'&ard classes as the %resident !a, on receipt of the
report of a *o!!ission appointed under clause (1) of ,rticle 321, b order specif and also to the
,n3lo-Indian co!!unit.
''8.Contro# of the Union o/er the admini!tration of S&hed)#ed Area! and the $e#fare of
S&hed)#ed Tri"e!.-
(1) The %resident !a at an ti!e and shall, at the e+piration of ten ears fro! the
co!!ence!ent of this *onstitution b order appoint a *o!!ission to report on the
ad!inistration of the Scheduled ,reas and the &elfare of this Scheduled Tribes in the States. The
order !a define the co!position, po&ers and procedure of the *o!!ission and !a contain
such incidental or ancillar pro4isions as the %resident !a consider necessar or desirable.
(2) The e+ecuti4e po&er of the Union shall e+tend to the 3i4in3 of directions to a State as to the
dra&in3 up and e+ecution of sche!es specified in the direction to be essential for the &elfare of
the Scheduled Tribes in the State.
',9.A..ointment of a Commi!!ion to in/e!ti+ate the &ondition! of "a&%$ard &#a!!e!.- (1)
The %resident !a b order appoint a *o!!ission consistin3 of such persons as he thin's fit to
in4esti3ate the conditions of sociall and educationall bac'&ard classes &ithin the territor of
India and the difficulties under &hich the labour and to !a'e reco!!endations as to the steps
that should be ta'en b the Union or an State to re!o4e such difficulties and to i!pro4e their
condition and as to the 3rants that should be !ade for the purpose b the Union or an State the
conditions subAect to &hich such 3rants should be !ade, and the order appointin3 such
*o!!ission shall define the procedure to be follo&ed b the *o!!ission.
(2) , *o!!ission so appointed shall in4esti3ate the !atters referred to the! and present to the
%resident a report settin3 out the facts as found b the! and !a'in3 such reco!!endations as
the thin' proper.
(3) The %resident shall cause a cop of the report so presented to3ether &ith a !e!orandu!
e+plainin3 the action ta'en thereon to be laid before each 5ouse of %arlia!ent.
',1.S&hed)#ed Ca!te!.- (1) The %resident !a &ith respect to an State (or Union territorC, and
&here it is a State after consultation &ith the =o4ernor thereof, b public notification, specif the
castes, races or tribes or parts of or 3roups &ithin castes, races or tribes &hich shall for the
purposes of this *onstitution be dee!ed to be Scheduled *astes in relation to that State (or
Union territor, as the case !a beC.
(2) %arlia!ent !a b la& include in or e+clude fro! the list of Scheduled *astes specified in a
notification issued under clause (1) an caste, race or tribe or part of or 3roup &ithin an caste,
race or tribe, but sa4e as aforesaid a notification issued under the said clause shall not be 4aried
b an subse#uent notification.
',.S&hed)#ed Tri"e!.- (1) The %resident !a &ith respect to an State (or Union territorC, and
&here it is a State, after consultation &ith the =o4ernor thereof, b public notification, specif the
tribes or tribal co!!unities or parts of or 3roups &ithin tribes or tribal co!!unities &hich shall for
the purposes of this *onstitution be dee!ed to be Scheduled Tribes in relation to that State or
Union territor, as the case !a be.
(2) %arlia!ent !a b la& include in or e+clude fro! the list of Scheduled Tribes specified in a
notification issued under clause (1) an tribe or tribal co!!unit or part of or 3roup &ithin an
tribe or tribal co!!unit, but sa4e as aforesaid a notification issued under the said clause shall
not be 4aried b an subse#uent notification.
PART =>II1OFFICIA- -AN;UA;E
CHAPTER I 1 -AN;UA;E OF THE UNION
','.Offi&ia# #an+)a+e of the Union.-
(1) The official lan3ua3e of the Union shall be 5indi in ?e4ana3ari script. The for! of nu!erals to
be used for the official purposes of the Union shall be the international for! of Indian nu!erals.
(2) 9ot&ithstandin3 anthin3 in clause (1), for a period of fifteen ears fro! the co!!ence!ent
of this *onstitution, the 7n3lish lan3ua3e shall continue to be used for all the official purposes of
the Union for &hich it &as bein3 used i!!ediatel before such co!!ence!ent$
%ro4ided that the president !a, durin3 the said period, b order authorise the use of the 5indi
lan3ua3e in addition to the 7n3lish lan3ua3e and of the ?e4ana3ari for! of nu!erals in addition
to the international for! of Indian nu!erals for an of the official purposes of the Union.
(3) 9ot&ithstandin3 anthin3 in this article, %arlia!ent !a b la& pro4ide for the use, after the
said period of fifteen ears, of-
(a) the 7n3lish lan3ua3e, or
(b) the ?e4ana3ari for! of nu!erals,for such purposes as !a be specified in the la&.
',,. Commi!!ion and Committee of Par#iament on offi&ia# #an+)a+e.- (1) The %resident
shall, at the e+piration of fi4e ears fro! the co!!ence!ent of this *onstitution and thereafter at
the e+piration of ten ears fro! such co!!ence!ent, b order constitute a *o!!ission &hich
shall consist of a *hair!an and such other !e!bers representin3 the different lan3ua3es
specified in the 7n3lish Schedule as the %resident !a appoint, and the order shall define the
procedure to be follo&ed b the *o!!ission.
(2) It shall be the dut of the *o!!ission to !a'e reco!!endations to the %resident as to-
(a) the pro3ressi4e use of the 5indi lan3ua3e for the official purposes of the Union"
(b) restrictions on the use of the 7n3lish lan3ua3e for all or an of the official purposes of the
Union"
; the lan3ua3e to be used for all or an of the purposes !entioned in ,rticle 32:"
(d) the for! of nu!erals to be used for an one or !ore specified purposes of the Union"
(e) an other !atter referred to the *o!!ission b the %resident as re3ards the official lan3ua3e
of the Union and the lan3ua3e for co!!unication bet&een the Union and a State or bet&een one
State and another and their use.
(3) In !a'in3 their reco!!endations under clause (2), the *o!!ission shall ha4e due re3ard to
the industrial, cultural and scientific ad4ance!ent of India, and the Aut clai!s and the interests of
persons belon3in3 to the non-5indi spea'in3 areas in re3ard to the public ser4ices.
(2) There shall be constituted a *o!!ittee consistin3 of thirt !e!bers, of &ho! t&ent shall be
!e!bers of the 5ouse of the %eople and ten shall be !e!bers of the *ouncil of States to be
elected respecti4el b the !e!bers of the 5ouse of the %eople and the !e!bers of the council
of States in accordance &ith the sste! of proportional representation b !eans of the sin3le
transferable 4ote.
(/) It shall be the dut of the *o!!ittee to e+a!ine the reco!!endations of the *o!!ission
constituted under clause (1) and to report to the %resident their opinion thereon.
(0) 9ot&ithstandin3 anthin3 in ,rticle 323, the %resident !a, after consideration of the report
referred to in clause (/), issue directions in accordance &ith the &hole or an part of that report.
CHAPTER II 1 RE;IONA- -AN;UA;ES
',3.Offi&ia# #an+)a+e or #an+)a+e! of a State.- SubAect to the pro4isions of ,rticle 320 and
32., the 6e3islature of a State !a b la& adopt an one or !ore of the lan3ua3es in use in the
State or 5indi as the lan3ua3e or lan3ua3es to be used for all or an of the official purposes of
that State$
%ro4ided that, until the 6e3islature of the State other&ise pro4ides b la&, the 7n3lish lan3ua3e
shall continue to be used for those official purposes &ithin the State for &hich it &as bein3 used
i!!ediatel before the co!!ence!ent of this *onstitution.
',5.Offi&ia# #an+)a+e for &omm)ni&ation "et$een one State and another or "et$een a
State and the Union.- The lan3ua3e for the ti!e bein3 authorised for use in the Union for official
purposes shall be the official lan3ua3e for co!!unication bet&een one State and another State
and bet&een a State and the Union$
%ro4ided that if t&o or !ore States a3ree that the 5indi lan3ua3e should be the official lan3ua3e
for co!!unication bet&een such States, that lan3ua3e !a be used for such co!!unication.
',6.S.e&ia# .ro/i!ion re#atin+ to #an+)a+e !.o%en "y a !e&tion of the .o.)#ation of a
State.- Bn a de!and bein3 !ade in that behalf the %resident !a, if he is satisfied that a
substantial proportion of the population of a State desire the use of an lan3ua3e spo'en b the!
to be reco3nised throu3hout that State or an part thereof for such purpose as he !a specif.
CHAPTER III 1 -AN;UA;E OF THE SUPRE:E COURT( HI;H COURTS( ETC.
',7.-an+)a+e to "e )!ed in the S).reme Co)rt and in the Hi+h Co)rt! and for A&t!( @i##!(
et&.- (1) 9ot&ithstandin3 anthin3 in the fore3oin3 pro4isions of this %art, until %arlia!ent b la&
other&ise pro4ides-
(a) all proceedin3s in the Supre!e *ourt and in e4er 5i3h *ourt,
(b) the authoritati4e te+ts-
(i) of all Bills to be introduced or a!end!ents thereto to be !o4ed in either 5ouse of %arlia!ent
or in the 5ouse or either 5ouse of the 6e3islature of a State,
(ii) of all ,cts passed b %arlia!ent or the 6e3islature of a State and of all Brdinances
pro!ul3ated b the %resident or the =o4ernor of a State, and
(iii) of all orders, rules, re3ulations and be- la&s issued under this *onstitution or under an la&
!ade b %arlia!ent or the 6e3islature of a State, shall be in the 7n3lish lan3ua3e.
(2) 9ot&ithstandin3 anthin3 in sub-clause (a) of clause (1), the =o4ernor of a State !a, &ith the
pre4ious consent of the %resident, authorise the use of the 5indi lan3ua3e, or an other lan3ua3e
used for an official purposes of the State, in proceedin3s in the 5i3h *ourt ha4in3 its principal
seat in that State$
%ro4ided that nothin3 in this clause shall appl to an Aud3!ent, decree or order passed or !ade
b such 5i3h *ourt.
(3) 9ot&ithstandin3 anthin3 in sub-clause (b) of clause (1), &here the 6e3islature of a State has
prescribed an lan3ua3e other than the 7n3lish lan3ua3e for use in Bills introduced in, or ,cts
passed b, the 6e3islature of the State or in Brdinances pro!ul3ated b the =o4ernor of the
State or in an order, rule, re3ulation or be-la& referred to in para3raph (iii) of that sub-clause, a
translation of the sa!e in the 7n3lish lan3ua3e published under the authorit of the =o4ernor of
the State in the Bfficial =a<ette of that State shall be dee!ed to be the authoritati4e te+t thereof
in the 7n3lish lan3ua3e under this article.
',8.S.e&ia# .ro&ed)re for ena&tment of &ertain #a$! re#atin+ to #an+)a+e.- ?urin3 the period
of fifteen ears fro! the co!!ence!ent of this *onstitution, no Bill or a!end!ent !a'in3
pro4ision for the lan3ua3e to be used for an of the purposes !entioned in clause (1) of ,rticle
32: shall be introduced or !o4ed in either 5ouse of %arlia!ent &ithout the pre4ious sanction of
the %resident, and the %resident shall not 3i4e his sanction to the introduction of an such Bill or
the !o4in3 of an such a!end!ent e+cept after he has ta'en into consideration the
reco!!endations of the *o!!ission constituted under clause (1) of ,rticle 322 and the report of
the *o!!ittee constituted under clause (2) of that article.
CHAPTER I> 1 SPECIA- DIRECTI>ES
'39.-an+)a+e to "e )!ed in re.re!entation! for redre!! of +rie/an&e!.- 74er person shall
be entitled to sub!it a representation for the redress of an 3rie4ance to an officer or authorit of
the Union or a State in an of the lan3ua3es used in the Union or in the State, as the case !a
be.
'391A. Fa&i#itie! for in!tr)&tion in mother1ton+)e at .rimary !ta+e.- It shall be the endea4our
of e4er State and of e4er local authorit &ithin the State to pro4ide ade#uate facilities for
instruction in the !other-ton3ue at the pri!ar sta3e of education to children belon3in3 to
lin3uistic !inorit 3roups" and the %resident !a issue such directions to an State as he
considers necessar or proper for securin3 the pro4ision of such facilities.
'391@.S.e&ia# Offi&er for #in+)i!ti& minoritie!.- (1) There shall be a Special Bfficer for lin3uistic
!inorities to be appointed b the %resident.
(2) It shall be the dut of the Special Bfficer to in4esti3ate all !atters relatin3 to the safe3uards
pro4ided for lin3uistic !inorities under this *onstitution and report to the %resident upon those
!atters at such inter4als as the president !a direct, and the %resident !a direct, and the
%resident shall cause all such reports to be laid before each 5ouse of %arlia!ent, and sent to the
=o4ern!ents of the States concerned.
'31.Dire&ti/e for de/e#o.ment of the Hindi #an+)a+e.- It shall be the dut of the Union to
pro!ote the spread of the 5indi lan3ua3e, to de4elop it so that it !a ser4e as a !ediu! of
e+pression for all the ele!ents of the co!posite culture of India and to secure its enrich!ent b
assi!ilatin3 &ithout interferin3 &ith its 3enius, the for!s, stle and e+pressions used in
5industani and in the other lan3ua3es of India specified in the 7i3hth Schedule, and b dra&in3,
&here4er necessar or desirable, for its 4ocabular, pri!aril on Sans'rit and secondaril on
other lan3ua3es.
PART =>III1E:ER;ENCY PRO>ISIONS
'3.Pro&#amation of Emer+en&y.- (1) If the %resident is satisfied that a 3ra4e e!er3enc e+ists
&hereb the securit of India or of an part of the territor thereof is threatened, &hether b &ar
or e+ternal a33ression or ar!ed rebellion, he !a, b %rocla!ation, !ade a declaration to that
effect (in respect of the &hole of India or of such part of the territor thereof as !a be specified
in the %rocla!ationC.
(7+planation.- , %rocla!ation of 7!er3enc declarin3 that the securit of India or an part of the
territor thereof is threatened b &ar or b e+ternal a33ression or b ar!ed rebellion !a be
!ade before the actual occurrence of &ar or of an such a33ression or rebellion, if the %resident
is satisfied that there is i!!inent dan3er thereof.C
(2) , %rocla!ation issued under clause (I) !a be or re4o'ed b a subse#uent procla!ation.
(3) The %resident shall not issue a %rocla!ation under clause (I) or a %rocla!ation 4arin3 such
%rocla!ation unless the decision of the Union *abinet (that is to sa, the *ouncil consistin3 of
the %ri!e @inister and other @inisters of *abinet ran' under ,rticle ./) that such a %rocla!ation
!a be issued has been co!!unicated to hi! in &ritin3.
(2) 74er %rocla!ation issued under this article shall be laid before each 5ouse of %arlia!ent
and shall, e+cept &here it is a %rocla!ation re4o'in3 a pre4ious %rocla!ation, cease to operate
at the e+piration of one !onth unless before the e+piration of that period it has been appro4ed b
resolutions of both 5ouses of %arlia!ent.
%ro4ided that if an such %rocla!ation (not bein3 a %rocla!ation re4o'in3 a pre4ious
%rocla!ation) is issued at a ti!e &hen the 5ouse of the %eople has been dissol4ed, or place
durin3 the period of one !onth referred to in this clause, and if a resolution appro4in3 the
%rocla!ation has been passed b the *ouncil of States, but no resolution &ith respect to such
%rocla!ation has been passed b the 5ouse of the %eople before the e+piration of that period,
the %rocla!ation shall cease to operate at the e+piration of thirt das fro! the date on &hich the
5ouse of the %eople first sits after its reconstitution, unless before the e+piration of the said
period of thirt das a resolution appro4in3 the %rocla!ation has been also passed b the 5ouse
of the %eople.
(/) , %rocla!ation so appro4ed shall, unless re4o'ed, cease to operate on the e+piration of a
period of si+ !onths fro! the date of the passin3 of the second of the resolutions appro4in3 the
procla!ation under clause (2)"
%ro4ided that if and so often as a resolution appro4in3 the continuance in force of such a
%rocla!ation is passed b both 5ouses of %arlia!ent the %rocla!ation shall, unless re4o'ed,
continue in force for a further period of si+ !onths fro! the date on &hich it &ould other&ise ha4e
ceased of operate under this clause.
%ro4ided further that if the dissolution of the 5ouse of the %eople ta'es place durin3 an such
period of si+ !onths an a resolution appro4in3 the continuance in force of such %rocla!ation has
been passed b the 5ouse of the %eople durin3 the said period, the %rocla!ation shall cease to
operate at the e+piration of thirt das fro! the date on &hich the 5ouse of the %eople first sits
after its reconstitution unless before the e+piration of the said period of thirt das, a resolution
appro4in3 the continuance in force of the procla!ation has been also passed b the 5ouse of the
%eople.
(0) For the purpose of clause (2) and (/), a resolution !a be passed b either 5ouse of
%arlia!ent onl b a !aAorit of the total !e!bership of that 5ouse and b a !aAorit of not less
than t&o-thirds of the !e!bers of that 5ouse present and 4otin3.
(.) 9ot&ithstandin3 anthin3 contained in the fore3oin3 clauses, the %resident shall re4o'e a
%rocla!ation issued under clause (l) or a %rocla!ation 4arin3 such %rocla!ation if the 5ouse of
the %eople passes a resolution disappro4in3, or, as the case !a be, disappro4in3 the
continuance in force of, such %rocla!ation.
(:) Dhere a notice in &ritin3 si3ned b not less than one-tenth of the total nu!ber of !e!bers of
the 5ouse of the %eople has been 3i4en of, their intention to !o4e a resolution for disappro4in3,
or, as the case !a be, for disappro4in3 the continuance in force of, a %rocla!ation issued under
clause (l) or a %rocla!ation 4arin3 such %rocla!ation,-
a) to the Spea'er, if the 5ouse is in session" or
b) to the %resident, if the 5ouse is not in session, a special sittin3 of the 5ouse shall be held
&ithin fourteen das fro! the date on &hich such notice is recei4ed b the Spea'er, or as the
case !a be, b the %resident, for the purpose of considerin3 such resolution.
(-) The po&er conferred on the %resident b this article shall include the po&er to issue different
%rocla!ations on different 3rounds, bein3 &ar or e+ternal a33ression or (ar!ed rebellionC or
i!!inent dan3er of &ar or e+ternal a33ression or (ar!ed rebellionC, &hether or not ;here is a
%rocla!ation alread issued b the %resident under clause (l) and such %rocla!ation is in
operation.
'3'.Effe&t of Pro&#amation of Emer+en&y.- Dhile a %rocla!ation of 7!er3enc is in operation,
then-
(a) not&ithstandin3 anthin3 in this *onstitution, the e+ecuti4e po&er of the Union shall e+tend to
the 3i4in3 of directions to an State as to the !anner in &hich the e+ecuti4e po&er thereof is to
be e+ercised"
b) the po&er of %arlia!ent to !a'e la&s &ith respect to an !atter shall include po&er to !a'e
la&s conferrin3 po&ers and i!posin3 duties, or authorisin3 the conferrin3 of po&ers and the
i!position of duties, upon the Union or officers and authorities of the Union as respects that
!atter, not&ithstandin3 that t is one &hich is not enu!erated in the Union 6ist"
%ro4ided that &here a %rocla!ation of 7!er3enc is in operation onl in an part of the territor
of India,-
i) the e+ecuti4e po&er of the Union to 3i4e directions under clause (a), and
ii) the po&er of %arlia!ent to !a'e la&s under clause (b), shall also e+tend to an State other
than a State in &hich or in an part of &hich the %rocla!ation of 7!er3enc is in operation if and
in so far as the securit of India or an part of the territor thereof is threatened b acti4ities in or
in relation to the part of the territor of India in &hich the %rocla!ation of 7!er3enc is in
operation.
'3,.A..#i&ation of .ro/i!ion! re#atin+ to di!tri")tion of re/en)e! $hi#e a Pro&#amation of
Emer+en&y i! in o.eration.- (l) The %resident !a, &hile a %rocla!ation of 7!er3enc is in
operation, b order direct that all Lor an of the pro4isions of ,rticles 20: to 2.- shall for such
period, not e+tendin3 in an case beond the e+piration of the financial ear in &hich such
%rocla!ation ceases to operate, as !a be specific in the order, ha4e effect subAect to such
e+ceptions or !odifications as he thin's fit.
(2) 74er order !ade under clause (l) shall, as soon as !a be after it is !ade, be laid before
each 5ouse of %arlia!ent.
'33.D)ty of the Union to .rote&t State! a+ain!t e*terna# a++re!!ion and interna#
di!t)r"an&e.- It shall be the dut of the Union to protect e4er State a3ainst e+ternal a33ression
and internal disturbance and to ensure that the 3o4ern!ent of e4er State is carried on in
accordance &ith the pro4isions of this *onstitution.
'35.Pro/i!ion! in &a!e of fai#)re of &on!tit)tiona# ma&hinery in State.- (I) If the %resident, on
receipt of report fro! the =o4ernor of the State or other&ise, is satisfied that a situation has
arisen in &hich the 3o4ern!ent of the State cannot be carried on in accordance &ith ;he
pro4isions of this *onstitution, the %resident !a be %rocla!ation-
(a) assu!e to hi!self all or an of the functions of the =o4ern!ent of the State and all or an of
the po&ers 4ested in or e+ercisable b the =o4ernor or an bod or authorit in the State other
than the 6e3islature of the State"
(b) declare that the po&ers of the 6e3islature of the State shall be e+ercisable b or under the
authorit of %arlia!ent"
; !a'e such incidental and conse#uential pro4isions as appear to the president to be necessar
or desirable for 3i4in3 effect to the obAects of the %rocla!ation, includin3 pro4isions for
suspendin3 in &hole or in part the operation of an pro4isions of this constitution relatin3 to an
bod or authorit in the State.
%ro4ided that nothin3 in this clause shall authorise the %resident to assu!e to hi!self an of the
po&ers 4ested in or e+ercisable b a 5i3h *ourt, or to suspend in &hole or in part the operation
of an pro4ision of this *onstitution relatin3 to 5i3h *ourts.
(2) ,n such %rocla!ation !a be re4o'ed or 4aried b a subse#uent %rocla!ation.
(3) 74er %rocla!ation issued under this article e+cept &here it is a %rocla!ation re4o'in3 a
pre4ious %rocla!ation, cease to operate at the e+piration of t&o !onths unless before the
e+piration of that period it has been appro4ed b resolutions of both 5ouses of %arlia!ent.
%ro4ided that if an such %rocla!ation (not bein3 a %rocla!ation re4o'in3 a pre4ious
%rocla!ation) is issued at a ti!e &hen the 5ouse of the %eople is dissol4ed or the dissolution of
the 5ouse of the %eople ta'es place durin3 the period of t&o !onths referred to in this clause,
and if a resolution appro4in3 the %rocla!ation has been passed b the *ouncil of States, but no
resolution &ith respect to such %rocla!ation has been passed b the 5ouse of the %eople before
the e+piration of that period, the %rocla!ation Shall cease to operate at the e+piration of thirt
das fro! the date on &hich the 5ouse of the %eople first sits after its reconstitution unless
before the e+piration of the said period of thirt das a resolution appro4in3 the %rocla!ation has
been also passed b the 5ouse of the %eople.
(2) , %rocla!ation so appro4ed shall, unless re4o'ed, cease to operate on the e+piration of a
period of si+ !onths fro! the date of issue of the %rocla!ation$ %ro4ided that if and so often as a
resolution appro4in3 the continuance in force of such a %rocla!ation is passed b both 5ouses of
%arlia!ent, the %rocla!ation shall, unless re4o'ed, continue in force for a further period of si+
!onths fro! the date on &hich under this clause it &ould other&ise ha4e ceased to operatin3, but
no such %rocla!ation shall in an case re!ain in force for !ore than three ears$
%ro4ided further that if the dissolution of the 5ouse of the %eople ta'es place durin3 an such
period of si+ !onths and a resolution appro4in3 the continuance in force of such %rocla!ation
has been passed b the *ouncil of States, but no resolution &ith respect to the continuance in
force of such %rocla!ation has been passed b the 5ouse of the %eople durin3 the said period,
the %rocla!ation shall cease to operate at the e+piration of thirt das fro! the date on &hich the
5ouse of the %eople first sits after its reconstitution unless before the e+piration of the said period
of thirt das a resolution appro4in3 the continuance in force of the %rocla!ation has been also
passed b the 5ouse of the %eople.
(/) 9ot&ithstandin3 anthin3 contained in clause (2), a resolution &ith respect to the continuance
in force of a %rocla!ation appro4ed under clause (3) for an period beond the e+piration of one
ear fro! the date of issue of such procla!ation shall not be passed b either 5ouse of
%arlia!ent unless-
(a) a %rocla!ation of 7!er3enc is in operation, in the &hole of India or, as the case !a be, in
the &hole or an part of the State, at the ti!e of the passin3 of such resolution, and
(b) the 7lection *o!!ission certifies that the continuance in force of the %rocla!ation appro4ed
under clause (3) durin3 the period specified in such resolution is necessar on account of
difficulties in holdin3 3eneral elections to the 6e3islati4e ,sse!bl of the State concerned$
%ro4ided that in the case of the %rocla!ation issued under clause (1) on the 0th da of Bctober,
1-:/ &ith respect to the State of %unAab, the reference in this clause to 8an period beond the
e+piration of t&o ears8.
'36.E*er&i!e of #e+i!#ati/e .o$er! )nder Pro&#amation i!!)ed )nder Arti&#e '35.- (1)
Dhereb a %rocla!ation issued under clause (1) of ,rticle 3/0, it has been declared that the
po&ers of the 6e3islature of the State shall be e+ercisable b or under the authorit of %arlia!ent,
it shall be co!petent-
(a) for %arlia!ent to confer on the %resident the po&er of the 6e3islature of the State to !a'e
la&s, and to authorise the %resident to dele3ate, subAect to such conditions as he !a thin' fit to
i!pose, the po&er so conferred to an other authorit to be specified b hi! in that behalf"
(b) for %arlia!ent, or for the %resident or other authorit in &ho! such po&er to !a'e la&s is
4ested under sub-clause (a), to !a'e la&s conferrin3 po&ers and i!posin3 duties, or authorisin3
the conferrin3 of po&ers and the i!position of duties, upon the Union or officers and authorities
thereof"
; for the %resident to authorise &hen the 5ouse of the %eople is not in session e+penditure fro!
the *onsolidated Fund of the State pendin3 the sanction of such e+penditure b %arlia!ent.
(2) ,n la& !ade in e+ercise of the po&er of the 6e3islature of the State b %arlia!ent or the
%resident or other authorit referred to in sub-clause (a) of clause (1) &hich %arlia!ent or the
%resident or such other authorit &ould not, but for the issue of a %rocla!ation under ,rticle 3/0,
ha4e been co!petent to !a'e shall, after the %rocla!ation has ceased to operate, continue in
force until altered or repealed or a!ended b a co!petent 6e3islature or other authorit.
'37.S)!.en!ion of .ro/i!ion! of Arti&#e 18 d)rin+ emer+en&ie!.- (1) Dhile a %rocla!ation of
7!er3enc declarin3 that the securit of India or an part of the territor thereof is threatened b
&ar or b e+ternal a33ression is in operation, nothin3 in ,rticle 1- shall restrict the po&er of the
State as defined in %art III to !a'e an la& or to ta'e an e+ecuti4e action &hich the State &ould
but for the pro4isions contained in that %art be co!petent to !a'e or to ta'e, but an la& so
!ade shall, to the e+tent of the in co!petenc, cease to ha4e effect as soon as the %rocla!ation
ceases to operate, e+cept as respects thin3s done or o!itted to be done before the la& so
ceases to ha4e effect$
%ro4ided that &here such %rocla!ation of 7!er3enc is in operation onl in an part of the
territor of India, an such la& !a be !ade, or an such e+ecuti4e action !a be ta'en, under
this article in relation to or in an State or Union territor in &hich or in an part of &hich the
%rocla!ation of 7!er3enc is not in operation, if and in so far as the securit of India or an part
of the territor thereof is threatened b acti4ities in or in relation to the part of the territor of India
in &hich the %rocla!ation of 7!er3enc is in operation.
(2) 9othin3 in clause (1) shall appl-(a) to an la& &hich does not contain a recital to the effect
that such la& is in relation to the %rocla!ation of 7!er3enc in operation &hen it is !ade" or (b)
to an e+ecuti4e action ta'en other&ise than under a la& containin3 such a recital.
'38.S)!.en!ion of the enfor&ement of the ri+ht! &onferred "y Part III d)rin+ emer+en&ie!.-
(1) Dhere a %rocla!ation of 7!er3enc is in operation, the %resident !a b order declare that
the ri3ht to !o4e an court for the enforce!ent of such of the ri3hts conferred b %art III (e+cept
,rticle 21 and 21) as !a be !entioned in the order and all proceedin3s pendin3 in an court for
the enforce!ent of the ri3hts so !entioned shall re!ain suspended for the period durin3 &hich
the %rocla!ation is in force or for such shorter period as !a be specified in the order.
(1,) Dhile an order !ade under clause (1) !entionin3 an of the ri3hts conferred b %art III
(e+cept ,rticle 21 and 21) is in operation, nothin3 in that %art conferrin3 those ri3hts shall restrict
the po&er of the State as defined in the said %art to !a'e an la& or to ta'e an e+ecuti4e action
&hich the State &ould but for the pro4isions containin3 in that %art be co!petent to !a'e or to
ta'e, but an la& so !ade shall, to the e+tent of the in co!petenc, cease to ha4e effect as soon
as the order aforesaid ceases to operate, e+cept as respects thin3s done or o!itted to be done
before the la& so ceases to ha4e effect.
%ro4ided that &here a %rocla!ation of 7!er3enc is in operation onl in an part of the territor
of India, an such la& !a be !ade, or an such e+ecuti4e action !a be ta'en, under this
article in relation to or in an State or Union territor in &hich or in an part of &hich the
%rocla!ation of 7!er3enc is not in operation, if and in so far as the securit of India or an part
of the territor thereof is threatened b acti4ities in or in relation to the part of the territor of India
in &hich the %rocla!ation of 7!er3enc is in operation.
(1B) 9othin3 in clause (1,) shall appl-
(a) to an la& &hich does not contain a recital to the effect that such la& is in relation to the
%rocla!ation of 7!er3enc in operation &hen it is !ade" or
(b) to an e+ecuti4e action ta'en other&ise than under a la& containin3 such a recital.
(2) ,n order !ade as aforesaid !a e+tend to the &hole or an part of the territor of India$
%ro4ided that &here a %rocla!ation of 7!er3enc is in operation onl in a part of the territor of
India, an such order shall not e+tend to an other part of the territor of India unless the
%resident, bein3 satisfied that the securit of India or an part of the territor thereof is threatened
b acti4ities in or in relation to the part of the territor of India in &hich the %rocla!ation of
7!er3enc is in operation, considers such e+tension to be necessar.
(3) 74er order !ade under clause (1) shall, as soon !a be after it is !ade, be laid before each
5ouse of %arlia!ent.
'59.Pro/i!ion! a! to finan&ia# emer+en&y.- (1) If the %resident is satisfied that a situation has
arisen &hereb the financial stabilit or credit of India or of an part of the territor thereof is
threatened, he !a b a %rocla!ation !a'e a declaration to that effect.
(2) , %rocla!ation issued under clause (1) -
(a) !a be re4o'ed or 4aried b a subse#uent %rocla!ation"
(b) shall be laid before each 5ouse of %arlia!ent"
; shall cease to operate at the e+piration of t&o !onths unless before the e+piration of that period
it has been appro4ed b resolutions of both 5ouses of %arlia!ent$
%ro4ided that if an such %rocla!ation is issued at a ti!e &hen the 5ouse of the %eople has
been dissol4ed or the dissolution of the 5ouse of the %eople ta'es place durin3 the period of t&o
!onths referred to in sub-clause ;, and if a resolution appro4in3 the %rocla!ation has been
passed b the *ouncil of States, but no resolution &ith respect to such %rocla!ation has been
passed b the 5ouse of the %eople before the e+piration of that period, the %rocla!ation shall
cease to operate at the e+piration of thirt das fro! the ate on &hich the 5ouse of the %eople
first sits after its reconstitution, unless before the e+piration of the said period of thirt das a
resolution appro4in3 the %rocla!ation has been also passed b the 5ouse of the %eople.
(3) ?urin3 the period an such %rocla!ation as is !entioned in clause (1) is in operation, the
e+ecuti4e authorit of the Union shall e+tend to the 3i4in3 of directions to an State to obser4e
such canons of financial propriet as !a be specified in the directions, and to the 3i4in3 of such
other directions as the %resident !a dee! necessar and ade#uate for the purpose.
(2) 9ot&ithstandin3 anthin3 in this *onstitution-
(a) an such direction !a include-
(i) a pro4ision re#uirin3 the reduction of salaries and allo&ances of all or an class of persons
ser4in3 in connection &ith the affairs of a State"
(ii) a pro4ision re#uirin3 all @one Bills or other Bills to &hich the pro4isions of ,rticle 21. appl to
be reser4ed for the consideration of the %resident after the are passed b the 6e3islature of the
State"
(b) it shall be co!petent for the %resident durin3 the period an %rocla!ation issued under this
article is in operation to issue directions for the reduction of salaries and allo&ances of all or an
class of persons ser4in3 in connection &ith the affairs of the Union includin3 the >ud3es of the
Supre!e *ourt and the 5i3h *ourts.
PART =I=1:ISCE--ANEOUS
'51 Prote&tion of Pre!ident and ;o/ernor! and RaA.ram)%h!.- (1) The %resident, or the
=o4ernor or )aApra!u'h of a State, shall not be ans&erable to an court for the e+ercise and
perfor!ance of the po&ers and duties of his office or for an act done or purportin3 to be done b
hi! in the e+ercise and perfor!ance of those po&ers and duties $
%ro4ided that the conduct of the %resident !a be brou3ht under re4ie& b an court, tribunal or
bod appointed or desi3nated b either 5ouse of %arlia!ent for the in4esti3ation of a char3e
under ,rticle 01$
%ro4ided further that nothin3 in this clause shall be construed as restrictin3 the ri3ht of an
person to brin3 appropriate proceedin3s a3ainst the =o4ernor of India or the =o4ern!ent of a
State.
(2) 9o cri!inal proceedin3s &hatsoe4er shall be instituted or continued a3ainst the %resident, or
the =o4ernor of a State, in an court durin3 his ter! of office.
(3) 9o process for the arrest or i!prison!ent of the %resident, or the =o4ernor of a State, shall
issue fro! an court durin3 his ter! of office.
(2) an ci4il proceedin3s in &hich relief is clai!ed a3ainst the %resident, or the =o4ernor of a
State, shall be instituted durin3 his ter! of office in an court in respect of an act done or
purportin3 to be done b hi! in his personal capacit, &hether before or after he entered upon his
office as %resident, or as =o4ernor of such State, until the e+piration of t&o !onths ne+t after
notice in &ritin3 has been deli4ered to the %resident or =o4ernor, as the case !a be, or left at
his office statin3 the nature of the proceedin3s, the cause of action therefor, the na!e, description
and place of residence of the part b &ho! such proceedin3s are to be instituted and the relief
&hich he clai!s.
'511A.Prote&tion of .)"#i&ation of .ro&eedin+! of Par#iament and State -e+i!#at)re.-
(1) 9o person shall be liable to an proceedin3s, ci4il or cri!inal, in an court in respect of the
publication in a ne&spaper of a substantiall true report of an proceedin3s of either 5ouse of
%arlia!ent or the 6e3islati4e ,sse!bl, or, as the case !a be, either 5ouse of the 6e3islature,
of a State, unless the publication is pro4ed to ha4e been !ade &ith !alice$
%ro4ided that nothin3 in this clause shall appl to the publication of an report of the proceedin3s
of a secret sittin3 of either 5ouse of %arlia!ent or the 6e3islati4e ,sse!bl, or, as the case !a
be, either 5ouse of the 6e3islature, of a State.
(2) *lause (1) shall appl in relation to reports or !atters broadcast, b !eans of &ireless
tele3raph as part of an pro3ra!!e or ser4ice pro4ided b !eans of a broadcastin3 station as it
applies in relation to reports or !atters published in a ne&spaper.
7+planation.- In this article, 8ne&spaper8 includes a ne&s a3enc report containin3 !aterial for
publication in a ne&spaper.
'5.GRi+ht! and .ri/i#e+e! of R)#er! of Indian State!.H Re.. "y the Con!tit)tion ET$enty1
!i*th AmendmentF A&t( 1861,
'5'.@ar to interferen&e "y &o)rt! in di!.)te! ari!in+ o)t of &ertain treatie!( a+reement!(
et&.- (1) 9ot&ithstandin3 anthin3 in this *onstitution but subAect to the pro4isions of ,rticle 123,
neither the Supre!e *ourt nor an other court shall ha4e Aurisdiction in an dispute arisin3 out of
an pro4ision of a treat, a3ree!ent, co4enant, en3a3e!ent, sanad or other si!ilar instru!ent
&hich &as entered into or e+ecuted before the co!!ence!ent of this *onstitution b an )uler
of an Indian State and to &hich the =o4ern!ent &as a part and &hich has or has been
continued in operation after such co!!ence!ent, or in an dispute in respect of an ri3ht
accruin3 under or an liabilit or obli3ation arisin3 out of an of the pro4isions of this *onstitution
relatin3 to an such treat, a3ree!ent, co4enant, en3a3e!ent, sanad or other si!ilar instru!ent.
(2) In this article-
(a) 8Indian State8 !eans an territor reco3nised before the co!!ence!ent of this *onstitution
b 5is @aAest or the =o4ern!ent of the ?o!inion of India as bein3 such a State" and
(b) 8)uler8 includes the %rince, *hief or other person reco3nised before such co!!ence!ent b
5is @aAest or the =o4ern!ent of the ?o!inion of India as the )uler of an Indian State.
'5'1A.Re&o+nition +ranted to R)#er! of Indian State! to &ea!e and .ri/y .)r!e! to "e
a"o#i!hed.1 Not$ith!tandin+ anythin+ in thi! Con!tit)tion or in any #a$ for the time "ein+
in for&e -
(a) the %rince, *hief or other person &ho, at an ti!e before the co!!ence!ent or the
*onstitution (T&ent-si+th ,!end!ent) ,ct, 1-.1, &as reco3nised b the %resident as the )uler
of an Indian State or an person &ho, at an ti!e before such co!!ence!ent, &as reco3nised
b the %resident as the successor of such )uler shall, on and fro! such co!!ence!ent, cease
to be reco3nised as such )uler or the successor of such )uler"
(b) on and fro! the co!!ence!ent of the *onstitution (T&ent-si+th ,!end!ent) ,ct, 1-.1,
pri4 purse is abolished and all ri3hts, liabilities and obli3ations in respect of pri4 purse are
e+tin3uished and accordin3l the )uler or, as the case !a be, the successor of such )uler,
referred to in clause (a) or an other person shall not be paid an su! as pri4 purse.
'5,.S.e&ia# .ro/i!ion! a! to maAor .ort! and aerodrome!.- (1) 9ot&ithstandin3 anthin3 in
this *onstitution, the %resident !a b public notification direct that as fro! such date as !a be
specified in the notification-
(a) an la& !ade b %arlia!ent or b the 6e3islature of a State shall not appl to an !aAor port
or aerodro!e or shall appl thereto subAect to such e+ceptions or !odifications as !a be
specified in the notification, or
(b) an e+istin3 la& shall cease to ha4e effect in an !aAor port or aerodro!e e+cept; as
respects thin3s done or o!itted to be done before the said date, or shall in its application to such
port or aerodro!e ha4e effect subAect to such e+ceptions or !odifications as !a be specified in
the notification.
(2) In this article-
(a) 8!aAor port8 !eans a port declared to be a !aAor port b or under an la& !ade b
%arlia!ent or an e+istin3 la& and includes all areas for the ti!e bein3 included &ithin the li!its
of such port"
(b) 8aerodro!e8 !eans aerodro!e as defined for the purposes of the enact!entGs relatin3 to
air&as, aircraft and air na4i3ation.
'53.Effe&t of fai#)re to &om.#y $ith( or to +i/e effe&t to( dire&tion! +i/en "y the Union.-
Dhere an State has failed to co!pl &ith or to 3i4e effect to an directions 3i4en in the e+ercise
of the e+ecuti4e po&er of the Union under an directions 3i4en in the e+ercise of the e+ecuti4e
po&er of the Union under an of the pro4isions of this *onstitution, it shall be la&ful for the
%resident to hold that a situation has arisen in &hich the 3o4ern!ent of the State cannot be
carried on in accordance &ith the pro4isions of this *onstitution.
'55.Definition!.- In this *onstitution, unless the conte+t other&ise re#uires, the follo&in3
e+pressions ha4e l,the !eanin3s hereb respecti4el assi3ned to the!, that is to sa-
(1) 8a+ri&)#t)ra# in&ome8 !eans a3ricultural inco!e as defined for the purposes of the
enact!ents relatin3 to Indian inco!e-ta+"
(2) 8an An+#o1Indian8 !eans a person &hose father or an of &hose other !ale pro3enitors in
the !ale line is or &as of 7uropean descent but &ho is do!iciled &ithin the territor of India and
is or &as born &ithin such territor of parents habituall resident therein and not established there
for te!porar purposes onl"
(3) 8arti&#e8 !eans an article of this *onstitution"
(2) 8"orro$8 includes the raisin3 of !one b the 3rant of annuities, and 8loan8 shall be
construed accordin3l"
(/) 8&#a)!e8 !eans a clause of the article in &hich the e+pression occurs"
(0) 8&or.oration ta*8 !eans an ta+ on inco!e, so far as that ta+ is paable b co!panies and
is a ta+ in the case of &hich the follo&in3 conditions are fulfilled$-
(a) that it is not char3eable in respect of a3ricultural inco!e"
(b) that no deduction in respect of the ta+ paid b co!panies is, b an enact!ents &hich !a
appl to the ta+, authorised to be !ade fro! di4idends paable b the co!panies to indi4iduals"
; that no pro4ision e+ists for ta'in3 the ta+ so paid into account in co!putin3 for the purposes of
Indian inco!e-ta+ the total inco!e of indi4iduals recei4in3 such di4idends, or in co!putin3 the
Indian inco!e-ta+ paable b, or refundable to, such indi4iduals"
(.) 8&orre!.ondin+ Pro/in&e8, 8correspondin3 Indian State8 or 8correspondin3 State8 !eans in
cases of doubt such %ro4ince, Indian State or State as !a be deter!ined b the %resident to be
the correspondin3 %ro4ince, the correspondin3 Indian State or the correspondin3 State, as the
case !a be, for the particular purpose in #uestion"
(:)8de"t8 includes an liabilit in respect of an obli3ation to repa capital su!s b &a of annuit
and an liabilit under an 3uarantee, and 8debt char3es8 shall be construed accordin3l"
(-)8e!tate d)ty8 !eans a dut to be assessed on or b reference to the principal 4alue,
ascertained in accordance &ith such rules as !a be prescribed b or under la&s !ade b
%arlia!ent or the 6e3islature of a State relatin3 to the dut, of all propert passin3 upon death or
dee!ed, under the pro4isions of the said la&s, so to pass"
(11) 8e*i!tin+ #a$8 !eans an la&, Brdinance, order, be-la&, rule or re3ulation passed or !ade
before the co!!ence!ent of this *onstitution b an 6e3islature, authorit or person ha4in3
po&er to !a'e such a la&, Brdinance, order, be-la&, rule or re3ulation"
(11) 8Federa# Co)rt8 !eans the Federal *ourt constituted under the =o4ern!ent of India ,ct,
1-3/"
(12) 8+ood!8 includes all !aterials, co!!odities, and articles"
(13) 8+)arantee8 includes an obli3ation underta'en before the co!!ence!ent of this
*onstitution to !a'e pa!ents in the e4ent of the profits of an underta'in3 fallin3 short of a
specified a!ount"
(12) 8Hi+h Co)rt8 !eans an court &hich is dee!ed for the purposes of this *onstitution to be a
5i3h *ourt for an State and includes-
(a) an *ourt in the territor of India constituted or reconstituted under this *onstitution as a 5i3h
*ourt, and
(b) an other *ourt in the territor of India &hich !a be declared b %arlia!ent b la& to be a
5i3h *ourt for all or an of the purposes of this *onstitution"
(1/) 8Indian State8 !eans an territor &hich the =o4ern!ent of the ?o!inion of India
reco3nised as such a State"
(10) 8Part8 !eans a part of this *onstitution"
(1.) 8Pen!ion8 !eans a pension, &hether contributor or not, of an 'ind &hatsoe4er paable to
or in respect of an person, and includes retired pa so paable, a 3ratuit so paable and an
su! or su!s so paable b &a of the return, &ith or &ithout interest thereon or an other
addition thereto, of subscriptions to a pro4ident fund"
(1:) 8Pro&#amation of Emer+en&y8 !eans a %rocla!ation issued under clause (1) of ,rticle
3/2"
(1-) 8P)"#i& notifi&ation8 !eans a notification in the =a<ette of India, or, as the case !a be,
the Bfficial =a<ette of a State"
(21) 8Rai#$ay8 does not include-
(a) a tra!&a &holl &ithin a !unicipal area, or
(b) an other line of co!!unication &holl situate in one State and declared b %arlia!ent b la&
not to be a rail&a"
(22) 8R)#er8 !eans the %rince, *hief or other person &ho, at an ti!e before the co!!ence!ent
of the *onstitution (T&ent-si+th ,!end!ent) ,ct, 1-.1, &as reco3nised b the %resident as the
)uler of an Indian State or an person &ho, at an ti!e before such co!!ence!ent, &as
reco3nised b the %resident as the successor of such )uler"
(23) 8S&hed)#e8 !eans a Schedule to this *onstitution"
(22) 8S&hed)#ed Ca!te!8 !eans such cases, races or tribes or parts of or 3roups &ithin such
castes, races or tribes as are dee!ed under ,rticle 321 to be Scheduled *astes for the purposes
of this *onstitution"
(2/) 8S&hed)#ed Tri"e!8 !eans such tribes or tribal co!!unities or parts of or 3roups &ithin
such tribes or tribal co!!unities as are dee!ed under ,rticle 322 to be Scheduled Tribes for the
purposes of this *onstitution"
(20) 8Se&)ritie!8 includes stoc'"
(2.) 8S)"1&#a)!e8 !eans a sub-clause of the clause in &hich the e+pression occurs"
(2:) 8Ta*ation8 includes the i!position of an ta+ or i!post, &hether 3eneral or local or special,
and 8ta+8 shall be construed accordin3l"
(2-) 8Ta* on in&ome8 includes a ta+ in the nature of an e+cess profits ta+"
(2--,) 8Ta* on the !a#e or .)r&ha!e of +ood!8 includes-
(a) a ta+ on the transfer, other&ise than in pursuance of a contact, of propert in an 3oods for
cash, deferred pa!ent or other 4aluable consideration"
(b) a ta+ on the transfer of propert in 3oods (&hether as 3oods or in so!e other for!) in4o'ed in
the e+ecution of a &or's contract"
; a ta+ on the deli4er of 3oods on hire-purchase or an sste! of pa!ent b instal!ents"
(d) a ta+ on the transfer of the ri3ht to use an 3oods for an purpose (&hether or not for a
specified period) for cash, deferred pa!ent or other 4aluable consideration"
(e) a ta+ on the suppl of 3oods b an unincorporated association or bod of persons to a
!e!ber thereof for cash, deferred pa!ent or other 4aluable consideration"
(f) a ta+ on the suppl, b &a of or as part of an ser4ice or in an other !anner &hatsoe4er, of
3oods, bein3 food or an other article for hu!an consu!ption or an drin' (&hether or not
into+icatin3), &here such suppl or ser4ice, is for cash, deferred pa!ent or other 4aluable
consideration, and such transfer, deli4er or suppl of an 3oods shall be dee!ed to be a sale of
those 3oods b the person !a'in3 the transfer, deli4er or suppl and a purchase of those 3oods
b the person to &ho! such transfer, deli4er or suppl is !ade"
(31)8Union territory8 !eans an Union territor specified in the First Schedule and includes an
other territor co!prised &ithin the territor of India but not specified in that Schedule.
'56. Inter.retation.- (1) Unless the conte+t other&ise re#uires, the =eneral *lauses ,ct, 1:-.,
shall, subAect to an adaptations and !odifications that !a be !ade therein under ,rticle 3.2,
appl for the interpretation of this *onstitution as it applies for the interpretation of an ,ct of the
6e3islature of the ?o!inion of India.
(2) ,n reference in this *onstitution to ,cts or la&s of, or !ade b, %arlia!ent, or to ,cts or la&s
of, or !ade b, the 6e3islature of a State, shall be construed as includin3 a reference to an
Brdinance !ade b the %resident or, to an Brdinance !ade b a =o4ernor, as the case !a be.
(3) For the purposes of this *onstitution 8forei3n State8 !eans an State other than India$
%ro4ided that, subAect to the pro4isions of an la& !ade b %arlia!ent, the %resident !a b
order declare an State not to be a forei3n State for such purposes as !a be specified in the
order.
PART ==1A:END:ENT OF THE CONSTITUTION
'57.Po$er of Par#iament to amend the Con!tit)tion and .ro&ed)re therefor.- (1)
9ot&ithstandin3 anthin3 in this *onstitution, %arlia!ent !a in e+ercise of its constituent po&er
a!end b &a of addition, 4ariation or repeal an pro4ision of this *onstitution in accordance &ith
the procedure laid do&n in this article.
(2) ,n a!end!ent of this *onstitution !a be initiated onl b the introduction of a Bill for the
purpose in either 5ouse of %arlia!ent, and &hen the Bill is passed in each 5ouse b a !aAorit of
the total !e!bership of that 5ouse present and 4otin3, (it shall be presented to the %resident
&ho shall 3i4e his assent to the Bill and thereuponC the *onstitution shall stand a!ended in
accordance &ith the ter!s of the Bill$
%ro4ided that if such a!end!ent see's to !a'e an chan3e in -
(a) ,rticle /2, ,rticle //, ,rticle .3, ,rticle 102 or ,rticle 221, or
(b) *hapter IF of %art F, *hapter F of %art FI, or *hapter I of %art HI, or
; an of the 6ists in the Se4enth Schedule, or
(d) the representation of States in %arlia!ent, or
(e) the pro4isions of this article, the a!end!ent shall also re#uire to be ratified b the 6e3islature
of not less than one-half of the States b resolution to that effect passed b those 6e3islatures
before the Bill !a'in3 pro4ision for such a!end!ent is presented to the %resident for assent.
(3) 9othin3 in ,rticle 13 shall appl to an a!end!ent !ade under this article.
(2) 9o a!end!ent of this *onstitution (includin3 the pro4isions of %art III) !ade or purportin3 to
ha4e been !ade under this article &hether before or after the co!!ence!ent of Section // of
the *onstitution (Fort-second ,!end!ent) ,ct, 1-.0 shall be called in #uestion in an court on
an 3round.
(/) For the re!o4al of doubts, it is hereb declared that there shall be no li!itation &hate4er on
the constituent po&er of %arlia!ent to a!end b &a of addition, 4ariation or repeal the
pro4isions of this *onstitution under this article.
PART ==I1TE:PORARY( TRANSITIONA- AND SPECIA- PRO>ISIONS
'58.Tem.orary .o$er to Par#iament to ma%e #a$! $ith re!.e&t to &ertain matter! in the
State -i!t a! if they $ere matter! in the Con&)rrent -i!t.- 9ot&ithstandin3 anthin3 in this
*onstitution, %arlia!ent shall, durin3 a period of fi4e ears fro! the co!!ence!ent of this
constitution, ha4e po&er to !a'e la&s &ith respect to the follo&in3 !atters as if the &ere
enu!erated in the *oncurrent 6ist, na!el$-
(a) trade and co!!erce &ithin a State in, and in production, suppl and distribution of, cotton and
&oollen te+tiles, ra& cotton (includin3 3inned cotton and un3inned cotton or 'apas), cotton seed,
paper (includin3 ne&sprint), foodstuffs (includin3 edible oilseeds and oil), cattle fodder (includin3
oil-ca'es and other concentrates), coal (includin3 co'e and deri4ati4es of coal), iron, steel and
!ica"
(b) offences a3ainst la&s &ith respect to an of the !atters !entioned in clause (a), Aurisdiction
and po&ers of all courts e+cept the Supre!e *ourt &ith respect to an of those !atters, and fees
in respect of an of those !atters but not includin3 fees ta'en in an court" but an la& !ade b
%arlia!ent, &hich %arlia!ent &ould not but for the pro4isions of this article ha4e been co!petent
to !a'e, shall, to the e+tent of the inco!petenc, cease to ha4e effect on the e+piration of the
said period, e+cept as respects thin3s done or o!itted to be done before the e+piration thereof.
'69.Tem.orary .ro/i!ion! $ith re!.e&t to the State of Camm) and Ia!hmir.- (1)
9ot&ithstandin3 anthin3 in this *onstitution,-
(a) the pro4isions of ,rticle 23: shall not appl in relation to the State of >a!!u and Eash!ir"
(b) the po&er of %arlia!ent to !a'e la&s for the said State shall be li!ited to-
(i) those !atters in the Union 6ist and the *oncurrent 6ist &hich, in consultation &ith the
=o4ern!ent of the State, are declared b the %resident to correspond to !atters specified in the
Instru!ent of ,ccession 3o4ernin3 the accession of the State to the ?o!inion of India as the
!atters &ith respect to &hich the ?o!inion 6e3islature !a !a'e la&s for that State" and
(ii) such other !atters in the said 6ists as, &ith the concurrence of the =o4ern!ent of the State,
the %resident !a b order specif.
7+planation.- For the purposes of this article, the =o4ern!ent of the State !eans the person for
the ti!e bein3 reco3nised b the %resident as the @aharaAa of >a!!u and Eash!ir actin3 on the
ad4ice of the *ouncil of @inisters for the ti!e bein3 in office under the @aharaAa;s %rocla!ation
dated the fifth da of @arch, 1-2:"
; the pro4isions of ,rticle 1 and of this article shall appl in relation to that State"
(d) such of the other pro4isions of this *onstitution shall appl in relation to that State subAect to
such e+ceptions and !odifications as the %resident !a b order specif$
%ro4ided that no such order &hich relates to the !atters specified in the Instru!ent of ,ccession
of the State referred to in para3raph (i) of sub-clause (b) shall be issued e+cept in consultation
&ith the =o4ern!ent of the State$
%ro4ided further that no such order &hich relates to !atters other than those referred to in the
last precedin3 pro4iso shall be issued e+cept &ith the concurrence of that =o4ern!ent.
(2)If the concurrence of the =o4ern!ent of the State referred to in para3raph (ii) of sub-clause (b)
of clause (1) or in the second pro4iso to sub-clause (d) of that clause be 3i4en before the
*onstituent ,sse!bl for the purpose of fra!in3 the *onstitution of the State is con4ened, it shall
be placed before such ,sse!bl for such decision as it !a ta'e thereon.
(3) 9ot&ithstandin3 anthin3 in the fore3oin3 pro4isions of this article, the %resident !a, b
public notification, declare that this article shall cease to be operati4e or shall be operati4e onl
&ith such e+ceptions and !odifications and fro! such date as he !a specif$
%ro4ided that the reco!!endation of the *onstituent ,sse!bl of the State referred to in clause
(2) shall be necessar before the %resident issues such a notification.
'61.S.e&ia# .ro/i!ion $ith re!.e&t to the State! of :ahara!htra and ;)Aarat.- (2)
9ot&ithstandin3 anthin3 in this *onstitution, the %resident !a b order !ade &ith respect to
the State of @aharashtra or =uAarat, pro4ide for an special responsibilit of the =o4ernor for-
(a) the establish!ent of separate de4elop!ent boards for Fidarbha, @arath&ada, and the rest of
@aharashtra or, as the case !a be, Saurashtra, Eutch and the rest of these boards &ill be
placed each ear before the State 6e3islati4e ,sse!bl"
(b) the e#uitable allocation of funds for de4elop!ental e+penditure o4er the said areas, subAect to
the re#uire!ents of the State as a &hole" and
; an e#uitable arran3e!ent pro4idin3 ade#uate facilities for technical education and 4ocational
trainin3, and ade#uate opportunities for e!plo!ent in ser4ice under the control of the State
=o4ern!ent, in respect of all the said areas, subAect to the re#uire!ents of the State as a &hole.
'611A.S.e&ia# .ro/i!ion $ith re!.e&t to the State of Na+a#and.- (1) 9ot&ithstandin3 anthin3
in this *onstitution,-
(a) no ,ct of %arlia!ent in respect of -
(i) reli3ious or social practices of the 9a3as,
(ii) 9a3a custo!ar la& and procedure,
(iii) ad!inistration of ci4il and cri!inal Austice in4ol4in3 decisions accordin3 to 9a3a custo!ar
la&,
(i4) o&nership and transfer of land and its resources, shall appl to the State of 9a3aland unless
the 6e3islati4e ,sse!bl of 9a3aland b a resolution so decides"
(b) the =o4ernor of 9a3aland shall ha4e special responsibilit &ith respect to la& and order in the
State of 9a3aland for so lon3 as in his opinion internal disturbances occurrin3 in the 9a3a 5ills-
Tuensan3 ,rea i!!ediatel before the for!ation of that State continue therein or in an part
thereof and in the dischar3e of his functions in relation thereto the =o4ernor shall, after consultin3
the *ouncil of @inisters, e+ercise his indi4idual Aud3!ent as to the action to be ta'en$
%ro4ided that if an #uestion arises &hether an !atter is or is not a !atter as respects &hich the
=o4ernor is under this sub-clause re#uired to act in the e+ercise of his indi4idual Aud3!ent, the
decision of the =o4ernor in his discretion shall be final, and the 4alidit of anthin3 done b the
=o4ernor shall not be called in #uestion on the 3round that he ou3ht or ou3ht not to ha4e acted in
the e+ercise of his indi4idual Aud3!ent$
%ro4ided further that if the %resident on receipt of a report fro! the =o4ernor or other&ise is
satisfied that it is no lon3er necessar for the =o4ernor to ha4e special responsibilit &ith respect
to la& and order in the State of 9a3aland, he !a b order direct that the =o4ernor shall cease to
ha4e such responsibilit &ith effect fro! such date as !a be specified in the order"
; in !a'in3 his reco!!endation &ith respect to an de!and for a 3rant, the =o4ernor of
9a3aland shall ensure that an !one pro4ided b the =o4ern!ent of India out of the
*onsolidated Fund of India for an specific ser4ice or purpose is included in the de!and for a
3rant relatin3 to that ser4ice or purpose and not in an other de!and"
(d) as fro! such date as the =o4ernor of na3aland !a b public notification in this behalf
specif, there shall be estalished a re3ional council for the Tuensan3 district consistin3 of thirt-
fi4e !e!bers and the =o4ernor shall in his discretion !a'e rules pro4idin3 for-
(i) the co!position of the re3ional council and the !anner in &hich the !e!bers of the re3ional
council shall be chosen$
%ro4ided that the ?eput *o!!issioner of the Tuensan3 district shall be the *hair!an e+-officio
of the re3ional council and the Fice-*hair!an of the re3ional council shall be elected b the
!e!bers thereof fro! a!on3st the!sel4es"
(ii) the #ualifications for bein3 chosen as, and for bein3, !e!bers of the re3ional council"
(iii) the ter! of office of, and the salaries and allo&ances, if an, to be paid to !e!bers of, the
re3ional council"
(i4) the procedure and conduct of business of the re3ional council"
(4) the appoint!ent of officers and staff of the re3ional council and their conditions of ser4ices"
and
(4i) an other !atter in respect of &hich it is necessar to !a'e rules for the constitution and
proper functionin3 of the re3ional council.
(2) 9ot&ithstandin3 anthin3 in this *onstitution, for a period of ten ears fro! the date of the
for!ation of the State of 9a3aland or for such further period as the =o4ernor !a, on the
reco!!endation of the re3ional council, b public notification specif in this behalf,-
(a) the ad!inistration of the Tuensan3 district shall be carried on b the =o4ernor"
(b) &here an !one is pro4ided b the =o4ern!ent of India to the =o4ern!ent of 9a3aland to
!eet the re#uire!ents of the State of na3aland as a &hole, the =o4ernor shall in his discretion
arran3e for an e#uitable allocation of that !one bet&een the Tuensan3 district and the rest of
the State"
; no ,ct of the 6e3islature of 9a3aland shall appl to the Tuensan3 district unless the =o4ernor,
on the reco!!endation of the re3ional council, b public notification so directs and the =o4ernor
in 3i4in3 such direction &ith respect to an such ,ct !a direct that the ,ct shall in its application
to the Tuensan3 district or an part thereof ha4e effect subAect to such e+ceptions or
!odifications as the =o4ernor !a specif on the reco!!endation of the re3ional council$
%ro4ided that an direction 3i4en under this sub-clause !a be 3i4en so as to ha4e retrospecti4e
effect"
(d) the =o4ernor !a !a'e re3ulations for the peace, pro3ress and 3ood 3o4ern!ent of the
Tuensan3 district and an re3ulations so !ade !a repeal or a!end &ith retrospecti4e effect, if
necessar, an ,ct of %arlia!ent or an other la& &hich is for the ti!e bein3 applicable to that
district"
(e) (i) one of the !e!bers representin3 the Tuensan3 district in the 6e3islati4e ,sse!bl of
na3aland shall be appointed @inister for Tuensan3 affairs b the =o4ernor on the ad4ice of the
*hief @inister and the *hief @inister in tenderin3 his ad4ice shall act on the reco!!endation of
the !aAorit of the !e!bers as aforesaid"
(ii) the @inister for Tuensan3 affairs shall deal &ith, and ha4e direct access to the =o4ernor on, all
!atters relatin3 to the Tuensan3 district but he shall 'eep the *hief @inister infor!ed about the
sa!e"
(f) not&ithstandin3 anthin3 in the fore3oin3 pro4isions of this clause, the final decision on all
!atters relatin3 to the Tuensan3 district shall be !ade b the =o4ernor in his discretion"
(3) in articles /2 and // and clause (2) of ,rticle :1, references to the elected !e!bers of the
6e3islati4e ,sse!bl of a State or to each such !e!ber shall include references to the !e!bers
or !e!ber of the 6e3islati4e ,sse!bl of 9a3aland elected b the re3ional council established
under this article"
(h) in ,rticle 1.1-
(i) clause (1) shall, in relation to the 6e3islati4e ,sse!bl of 9a3aland, ha4e effect as if for the
&ord 8si+t8, the &ords 8fort-si+8 had been substituted"
(ii) in the said clause, the reference to direct election fro! territorial constituencies in the State
shall include election b the !e!bers of the re3ional council established under this article"
(iii) in clauses (2) and (3), references to territorial constituencies shall !ean references to
territorial constituencies in the Eohi!a and @o'o'chun3 districts.
(3) If an difficult arises in 3i4in3 effect to an of the fore3oin3 pro4isions of this article, the
%resident !a b order do anthin3 (includin3 an adaptation or !odification of an other article)
&hich appears to hi! to be necessar for the purpose of re!o4in3 that difficult$
%ro4ided that no such order shall be !ade after the e+piration of three ears fro! the date of the
for!ation of the State of 9a3aland.
7+planation.- In this article, the Eohi!a, @o''chun3 and Tuensan3 districts shall ha4e the sa!e
!eanin3s as in the State of 9a3aland ,ct, 1-02.
'611@.S.e&ia# .ro/i!ion $ith re!.e&t to the State of A!!am.- 9ot&ithstandin3 anthin3 in this
*onstitution, the %resident !a, b order !ade &ith respect to the State of ,ssa!, pro4ide for the
constitution and functions of a co!!ittee of the 6e3islati4e ,sse!bl of the State consistin3 of
!e!bers of that ,sse!bl elected fro! the tribal areas specified in %art I of the table appended
to para3raph 21 of the Si+th Schedule and such nu!ber of other !e!bers of that ,sse!bl as
!a be specified in the order and for the !odifications to be !ade in the rules of procedure of
that ,sse!bl for the constitution and proper functionin3 of such co!!ittee.
'611C.S.e&ia# .ro/i!ion $ith re!.e&t to the State of :ani.)r.- (1) 9ot&ithstandin3 anthin3 in
this *onstitution, the %resident !a, b order !ade &ith respect to the State of @anipur, pro4ide
for the constitution and functions of a co!!ittee of the 6e3islati4e ,sse!bl of the State
consistin3 of !e!bers of that ,sse!bl elected fro! the 5ill ,reas of that State, for the
!odifications to be !ade in the rules of business of the =o4ern!ent and in the rules of procedure
of the 6e3islati4e ,sse!bl of the State and for an special responsibilit of the =o4ernor in order
to secure the proper functionin3 of such co!!ittee.
(2) The =o4ernor shall annuall, or &hene4er so re#uired b the %resident, !a'e a report to the
%resident re3ardin3 the ad!inistration of the 5ill ,reas in the State of @anipur and the e+ecuti4e
po&er of the Union shall e+tend to the 3i4in3 of directions to the State as to the ad!inistration of
the said areas.
7+planation.- In this article, the e+pression 85ill ,reas8 !eans such areas as the %resident !a,
b order, declare to be 5ill ,reas.
'611D. S.e&ia# .ro/i!ion! $ith re!.e&t to the !tate of Andhra Prade!h.- (1) The president
!a b order !ade &ith respect to the state of ,ndhra %radesh pro4ide,ha4in3 re3ard to the
re#uire!ents of the state as a &hole,for e#uitable opportunities and facilities for the people
belon3in3 to different parts of state,in the !atter of public e!plo!ent and in the !atter of
education,and different pro4isions !a be !ade for 4arious parts of the state.
(2) ,n order !ade under clause (1) !a, in particular,-
(a) re#uire the state =o4ern!ent to or3anise an class or classes of posts in a ci4il ser4ice of, or
an classes of ci4il post of state and allot in accordance &ith such principal and procedure as
!a be specified in the order the persons holdin3 such post to the local cadres so or3anised"
(b) specif an part or parts of the state &hich shall be re3arded as the local area-
(i) for direct recruit!ent to posts in an local cadre (&hether or3anised in pursuance of an order
under this article or constituted other&ise) under the State =o4ern!ent"
ii) for direct recruit!ent to posts in an cadre under an local authorit &ithin the State" and
(iii) for the purposes of ad!ission to an Uni4ersit &ithin the State or to an other educational
institution &hich is subAect to the control of the State =o4ern!ent"
; specif the e+tent to &hich, the !anner in &hich and the conditions subAect to &hich, preference
or reser4ation shall be 3i4en or !ade-
(i) in the !atter of direct recruit!ent to posts in an such cadre referred to in sub- clause (b) as
!a be specified in this behalf in the order"
(ii) in the !atter of ad!ission to an such Uni4ersit or other educational institution referred to in
sub-clause (b) as !a be specified in this behalf in the order, to or in fa4our of candidates &ho
ha4e resided or studied for an period specified in the order in the local area in respect of such
cadre, Uni4ersit or other educational institution, as the case !a be.
(3) The %resident !a, b order, pro4ide for the constitution of an ,d!inistrati4e Tribunal for the
State of ,ndhra %radesh to e+ercise such Aurisdiction, po&ers and authorit includin3 an
Aurisdiction, po&er and authorit &hich i!!ediatel before the co!!ence!ent of the constitution
(Thirt-second ,!end!ent) ,ct, 1-.3, &as e+ercisable b an court (other than the Supre!e
*ourt) or b an tribunal or other authorit as !a be specified in the order &ith respect to the
follo&in3 !atters, na!el$-
(a) appoint!ent, allot!ent or pro!otion to such class or classes of posts in an ci4il ser4ice of
the State, or to such class or classes of ci4il posts under the State, or to such class or classes of
posts under the control of an local authorit &ithin the State, as !a be specified in the order"
(b) seniorit of persons appointed, allotted or pro!oted to such class or classes of posts in an
ci4il ser4ice of the State, or to such class or classes of ci4il posts under the State, or to such class
or classes of posts under the control of an local authorit &ithin the State, as !a be specified in
the order"
; such other conditions of ser4ice of persons appointed, allotted or pro!oted to such class or
classes of ci4il posts under the State or to such class or classes of posts under the control of an
local authorit &ithin the State, as !a be specified in the order.
(2) ,n order !ade under clause (3) !a-
(a) authorise the ,d!inistrati4e Tribunal to recei4e representations for the redress of 3rie4ances
relatin3 to an !atter &ithin its Aurisdiction as the %resident !a specif in the order and to !a'e
such orders thereon as the ,d!inistrati4e Tribunal dee!s fit"
(b) contain such pro4isions &ith respect to the po&ers and authorities and procedure of the
,d!inistrati4e Tribunal (includin3 pro4isions &ith respect to the po&ers of the ,d!inistrati4e
Tribunal to punish for conte!pt of itself) as the %resident !a dee! necessar"
; pro4ide for the transfer of the ,d!inistrati4e Tribunal of such classes of proceedin3s, bein3
proceedin3s relatin3 to !atters &ithin its Aurisdiction and pendin3 before an court (other than the
Supre!e *ourt) or tribunal or other authorit i!!ediatel before the co!!ence!ent of such
order, as !a be specified in the order"
(d) contain such supple!ental, incidental and conse#uential pro4isions (includin3 pro4isions as to
fees and as to li!itation, e4idence or for the application of an la& for the ti!e bein3 in force
subAect to an e+ceptions or !odifications) as the %resident !a dee! necessar.
(/) The order of the ,d!inistrati4e Tribunal finall disposin3 of an case shall beco!e effecti4e
upon its confir!ation b the State =o4ern!ent or on the e+pir of three !onths fro! the date on
&hich the order is !ade, &hiche4er is earlier$
%ro4ided that the State =o4ern!ent !a, b special order !ade in &ritin3 and for reasons to be
specified therein, !odif or annul an order of the ,d!inistrati4e Tribunal before it beco!es
effecti4e and in such a case, the order of the ,d!inistrati4e Tribunal shall ha4e effect onl in such
!odified for! or be of no effect, as the case !a be.
(0) 74er special order !ade b the State =o4ern!ent under the pro4iso to clause (/) shall be
laid, as soon as !a be after it is !ade, before both 5ouses of the State 6e3islature.
(.) The 5i3h *ourt for the State shall not ha4e an po&ers of superintendence o4er the
,d!inistrati4e Tribunal and no court (other than the Supre!e *ourt) or tribunal shall e+ercise an
Aurisdiction, po&er or authorit in respect of an !atter subAect to the Aurisdiction, po&er or
authorit of, or in relation to, the ,d!inistrati4e Tribunal.
(:) If the %resident is satisfied that the continued e+istence of the ,d!inistrati4e Tribunal is not
necessar, the %resident !a b order abolish the ,d!inistrati4e Tribunal and !a'e such
pro4isions in such order as he !a dee! fit for the transfer and disposal of cases pendin3 before
the Tribunal i!!ediatel before such abolition.
(-) 9ot&ithstandin3 an Aud3!ent, decree or order of an court, tribunal or other authorit,-
(a) no appoint!ent, postin3, pro!otion or transfer of an person-
(i) !ade before the 1st da of 9o4e!ber, 1-/0, to an post under the =o4ern!ent of, or an local
authorit &ithin, the State of 5derabad as it e+isted before that date" or
(ii) !ade before the co!!ence!ent of the *onstitution (Thirt-second ,!end!ent) ,ct, 1-.3, to
an post under the =o4ern!ent of, or an local or other authorit &ithin, the State of ,ndhra
%radesh" and
(b) no action ta'en or thin3 done b or before an person referred to in sub-clause (a), shall be
dee!ed to be ille3al or 4oid or e4er to ha4e beco!e ille3al or 4oid !erel on the 3round that the
appoint!ent, postin3, pro!otion or transfer of such person &as not !ade in accordance &ith an
la&, then in force, pro4idin3 for an re#uire!ent as to residence &ithin the State of 5derabad or,
as the case !a be, &ithin an part of the State of ,ndhra %radesh, in respect of such
appoint!ent, postin3, pro!otion or transfer.
(11) The pro4isions of this article and of an order !ade b the %resident thereunder shall ha4e
effect not&ithstandin3 anthin3 in an other pro4ision of this *onstitution or in an other la& for
the ti!e bein3 in force.
'611E.E!ta"#i!hment of Centra# Uni/er!ity in Andhra Prade!h.- %arlia!ent !a b la&
pro4ide for the establish!ent of a Uni4ersit in the State of ,ndhra %radesh.
'611F.S.e&ia# .ro/i!ion! $ith re!.e&t to the State of Si%%im.1 Not$ith!tandin+ anythin+ in
thi! Con!tit)tion(1
(a) the 6e3islati4e ,sse!bl of the State of Si''i! shall consist of not less than thirt !e!bers"
(b) as fro! the date of co!!ence!ent of the *onstitution (Thirt-si+th ,!end!ent) ,ct, 1-./,
(hereafter in this article referred to as the appointed da)-
(i) the ,sse!bl for Si''i! for!ed as a result of the elections held in Si''i! in ,pril, 1-.2 &ith
thirt-t&o !e!bers elected in the said elections (hereinafter referred to as the sittin3 !e!bers)
shall be dee!ed to be the 6e3islati4e ,sse!bl of the State of Si''i! dul constituted under this
*onstitution"
(ii) the sittin3 !e!bers shall be dee!ed to be the !e!bers of the 6e3islati4e ,sse!bl of the
State of Si''i! dul elected under this *onstitution" and
(iii) the said 6e3islati4e ,sse!bl of the State of Si''i! shall e+ercise the po&ers and perfor!
the functions of the 6e3islati4e ,sse!bl of a State under this *onstitution"
; in the case of the ,sse!bl dee!ed to be the 6e3islati4e ,sse!bl of the State of Si''i! under
clause (b), the references to the period of fi4e ears in clause (1) of ,rticle 1.2 shall be construed
as references to a period of four ears and the said period of four ears shall be dee!ed to
co!!ence fro! the appointed da"
(d) until other pro4isions are !ade b %arlia!ent b la&, there shall be allotted to the State of
Si''i! one seat in the 5ouse of the %eople and the State of Si''i! shall for! one parlia!entar
constituenc to be called the parlia!entar constituenc for Si''i!"
(e) the representati4e of the State of Si''i! in the 5ouse of the %eople in e+istence on the
appointed da shall be elected b the !e!bers of the 6e3islati4e ,sse!bl of the State of
Si''i!"
(f) %arlia!ent !a, for the purpose of protectin3 the ri3hts and interests of the different sections
of the population of Si''i! !a'e pro4ision for the nu!ber of seats in the 6e3islati4e ,sse!bl of
the State of Si''i! &hich !a be filled b candidates belon3in3 to such sections and for the
deli!itation of the asse!bl constituencies fro! &hich candidates belon3in3 to such sections
alone !a stand for election to the 6e3islati4e ,sse!bl of the State of Si''i!"
(3) the =o4ernor of Si''i! shall ha4e special responsibilit for peace and for an e#uitable
arran3e!ent for ensurin3 the social and econo!ic ad4ance!ent of different sections of the
population of Si''i! and in the dischar3e of his special responsibilit under this clause, the
=o4ernor of Si''i! shall, subAect to such directions as the %resident !a, fro! ti!e to ti!e,
dee! fit to issue, act in his discretion"
(h) all propert and assets (&hether &ithin or outside the territories co!prised in the State of
Si''i!) &hich i!!ediatel before the appointed da &ere 4ested in the =o4ern!ent of Si''i! or
in an other authorit or in an person for the purposes of the =o4ern!ent of Si''i! shall, as
fro! the appointed da, 4est in the =o4ern!ent of the State of Si''i!"
(i) the 5i3h *ourt functionin3 as such i!!ediatel before the appointed da in the territories
co!prised in the State of Si''i! shall, on and fro! the appointed da, be dee!ed to be the 5i3h
*ourt for the State of Si''i!"
(A) all courts of ci4il, cri!inal and re4enue Aurisdiction, all authorities and all officers, Audicial,
e+ecuti4e and !inisterial, throu3hout the territor of the State of Si''i! shall continue on and
fro! the appointed da to e+ercise their respecti4e functions subAect to the pro4isions of this
*onstitution"
') all la&s in force i!!ediatel before the appointed da in the territories co!prised in the State
of Si''i! or an part thereof shall continue to be in force therein until a!ended or repealed b a
co!petent le3islature or other co!petent authorit"
(l) for the purpose of facilitatin3 the application of an such la& as is referred to in clause (') in
relation to the ad!inistration of the State of Si''i! and for the purpose of brin3in3 the pro4isions
of an such la& into accord &ith the pro4isions of this *onstitution, the %resident !a, &ithin t&o
ears fro! the appointed da, b order, !a'e such adaptations and !odifications of the la&,
&hether b &a of repeal or a!end!ent, as !a be necessar or e+pedient, and thereupon,
e4er such la& shall ha4e effect subAect to the adaptations and !odifications so !ade, and an
such adaptation or !odification shall not be #uestioned in an court of la&"
(!) neither the Supre!e *ourt nor an other court shall ha4e Aurisdiction in respect of an dispute
or other !atter arisin3 out of an treat, a3ree!ent, en3a3e!ent or other si!ilar instru!ent
relatin3 to Si''i! &hich &as entered into or e+ecuted before the appointed da and to &hich the
=o4ern!ent of India or an of its predecessor =o4ern!ents &as a part, but nothin3 in this
clause shall be construed to dero3ate fro! the pro4isions of ,rticle 123"
(n) the %resident !a, b public notification, e+tend &ith such restrictions or !odifications as he
thin's fit to the State of Si''i! an enact!ent &hich is in force in a State in India at the date of
the notification"
(o) if an difficult arises in 3i4in3 effect to an of the fore3oin3 pro4isions of this article, the
president !a, b order, do anthin3 (includin3 an adaptation or !odification of an other article)
&hich appears to hi! to be necessar for the purpose of re!o4in3 that difficult$
%ro4ided that no such order shall be !ade after the e+pir of t&o ears fro! the appointed da"
(p) all thin3s done and all actions ta'en in or in relation to the State of Si''i! or the territories
co!prised therein durin3 the period co!!encin3 on the appointed da and endin3 i!!ediatel
before the date on &hich the *onstitution (Thirt-si+th ,!end!ent) ,ct, 1-./, be dee!ed for all
purposes to ha4e been 4alidl done or ta'en under this *onstitution as so a!ended.
'611;.S.e&ia# .ro/i!ion $ith re!.e&t to the State of :i4oram.1 Not$ith!tandin+ anythin+ in
thi! Con!tit)tion,-
(a) no ,ct of %resident in respect of -
(i) reli3ious or social practices of the @i<os,
(ii) @i<o custo!ar la& and procedure,
(iii) ad!inistration of ci4il and cri!inal Austice in4ol4in3 decisions accordin3 to @i<o custo!ar
la&,
(i4) o&nership and transfer of land, shall appl to the State of @i<ora! unless the 6e3islati4e
,sse!bl of the State of @i<ora! b a resolution so decides$
%ro4ided that nothin3 in this clause shall appl to an *entral ,ct in force in the union territor of
@i<ora! i!!ediatel before the co!!ence!ent of the *onstitution (Fift-third ,!end!ent) ,ct,
1-:0"
(b) the 6e3islati4e ,sse!bl of the State of @i<ora! shall consist of not less than fort !e!bers.
'611H.S.e&ia# .ro/i!ion $ith re!.e&t to the State of Ar)na&ha# Prade!h.1 Not$ith!tandin+
anythin+ in thi! Con!tit)tion,-
(a) the =o4ernor of ,runachal %radesh shall ha4e special responsibilit &ith respect to la& and
order in the State of ,runachal %radesh and in the dischar3e of his functions in relation thereto,
the =o4ernor shall, after consultin3 the *ouncil of @inisters, e+ercise his indi4idual Aud3!ent as
to the action to be ta'en$
%ro4ided that if an #uestion arises &hether an !atter is or is not a !atter as respects &hich the
=o4ernor is under this clause re#uired to act in the e+ercise of his indi4idual Aud3!ent, the
decision of the =o4ernor in his discretion shall be final, and the 4alidit of anthin3 done b the
=o4ernor shall not be called in #uestion on the 3round that he ou3ht or ou3ht not to ha4e acted in
the e+ercise of his indi4idual Aud3!ent$
%ro4ided further that if the %resident on receipt of a report fro! the =o4ernor or other&ise is
satisfied that it is no lon3er necessar for the =o4ernor to ha4e special responsibilit &ith respect
to la& and order in the State of ,runachal %radesh, he !a b order direct that the =o4ernor
shall cease to ha4e such responsibilit &ith effect fro! such date as !a be specified in the
order"
(b) the 6e3islati4e ,sse!bl of the State of ,runachal %radesh shall consist of not less than thirt
!e!bers.
'611I. S.e&ia# .ro/i!ion $ith re!.e&t to the State of ;oa.- 9ot&ithstandin3 anthin3 in this
*onstitution, the 6e3islati4e ,sse!bl of the State of =oa shall consist of not less than thirt
!e!bers.
'6.Contin)an&e in for&e of e*i!tin+ #a$! and their ada.tation.- (1) 9ot&ithstandin3 the
repeal b this *onstitution of the enact!ents referred to in ,rticle 3-/ but subAect to the other
pro4isions of this *onstitution, all the la&s in force in the territor of India i!!ediatel before the
co!!ence!ent of this *onstitution, all the la&s in force in the territor of India i!!ediatel
before the co!!ence!ent of this *onstitution shall continue in force therein until altered or
repealed or a!ended b a co!petent 6e3islature or other co!petent authorit.
(2) For the purpose of brin3in3 the pro4isions of an la& in force in the territor of India into
accord &ith the pro4isions of this *onstitution, the %resident !a b order !a'e such adaptations
and !odifications of such la&, &hether b &a of repeal or a!end!ent, as !a be necessar or
e+pedient, and pro4ide that the la& shall, as fro! such date as !a be specified in the order,
ha4e effect subAect to the adaptations and !odifications so !ade, and an such adaptation or
!odification shall not be #uestioned in an court of la&.
(3) 9othin3 in clause (2) shall be dee!ed-
(a) to e!po&er the %resident to !a'e an adaptation or !odification of an la& after the
e+piration of three ears fro! the co!!ence!ent of this *onstitution" or
(b) to pre4ent an co!petent 6e3islature or other co!petent authorit fro! repealin3 or
a!endin3 an la& adapted or !odified b the %resident under the said clause.
7+planation I.- The e+pression 8la& in force8 in this article shall include a la& passed or !ade b
a le3islature or other co!petent authorit in the territor of India before the co!!ence!ent of
this *onstitution and not pre4iousl repealed, not&ithstandin3 that it or parts of it !a not be then
in operation either at all or in particular areas.
7+planation II.- ,n la& passed or !ade b a le3islature or other co!petent authorit in the
territor of India &hich i!!ediatel before the co!!ence!ent of this *onstitution had e+tra-
territorial effect as &ell as effect in the territor of India shall, subAect to an such adaptations and
!odifications as aforesaid, continue to ha4e such e+tra-territorial effect.
7+planation III.- 9othin3 in this article shall be construed as continuin3 an te!porar la& in force
beond the date fi+ed for its e+piration or the date on &hich it &ould ha4e e+pired if this
*onstitution had not co!e into force.
7+planation IF.- ,n Brdinance pro!ul3ated b the =o4ernor of a %ro4ince under Section :: of
the =o4ern!ent of India ,ct, 1-3/, and in force i!!ediatel before the co!!ence!ent of this
*onstitution shall, unless &ithdra&n b the =o4ernor of the correspondin3 State earlier, cease to
operate at the e+piration of si+ &ee's fro! the first !eetin3 after such co!!ence!ent of the
6e3islati4e ,sse!bl of that State functionin3 under clause (1) of ,rticle 3:2, and nothin3 in this
article shall be construed as continuin3 an such Brdinance in force beond the said period.
'61A.Po$er of the Pre!ident to ada.t #a$!.- (1) For the purposes of brin3in3 the pro4isions of
an la& in force in India or in an part thereof, i!!ediatel before the co!!ence!ent of the
*onstitution (Se4enth ,!end!ent) ,ct, 1-/0, into accord &ith the pro4isions of this *onstitution
as a!ended b that ,ct, the %resident !a b order !ade before the 1st da of 9o4e!ber, 1-/.
!a'e such adaptations and !odifications of the la&, &hether b &a of repeal or a!end!ent, as
!a be necessar or e+pedient, and pro4ide that the la& shall, as fro! such date as !a be
specified in the order, ha4e effect subAect to the adaptations and !odifications so !ade, and an
such adaptation or !odification shall not be #uestioned in an court of la&.
(2) 9othin3 in clause (1) shall be dee!ed to pre4ent a co!petent le3islature or other co!petent
authorit fro! repealin3 or a!endin3 an la& adapted or !odified b the %resident under the
said clause.
'6'. Po$er of Pre!ident to ma%e order in re!.e&t of .er!on! )nder .re/enti/e detention in
&ertain &a!e!.- Until pro4ision is !ade b %arlia!ent under clause (.) of ,rticle 22, or until the
e+piration of one ear fro! the co!!ence!ent of this *onstitution, &hiche4er is earlier, the said
article shall ha4e effect as if for an reference to %arlia!ent in clauses (2) and (.) thereof there
&ere substituted a reference to the %arlia!ent in those clauses there &ere substituted a
reference to an order !ade b the %resident.
'6,.Pro/i!ion! a! to C)d+e! of the Federa# Co)rt and .ro&eedin+! .endin+ in the Federa#
Co)rt or "efore Hi! :aAe!ty in Co)n&i#.- (1) The >ud3es of the Federal *ourt holdin3 office
i!!ediatel before the co!!ence!ent of this *onstitution shall, unless the ha4e elected
other&ise, beco!e on such co!!ence!ent the >ud3es of the Supre!e *ourt and shall
thereupon be entitled to such salaries and allo&ances and to such ri3hts in respect of lea4e of
absence and pension as are pro4ided for under ,rticle 12/ in respect of the >ud3es of the
Supre!e *ourt.
(2) ,ll suits, appeals and proceedin3s, ci4il or cri!inal, pendin3 in the Federal *ourt at the
co!!ence!ent of this *onstitution shall, unless the ha4e elected other&ise, beco!e on such
co!!ence!ent the >ud3es of the Supre!e *ourt and shall thereupon be entitled to such
salaries and allo&ances and to such ri3hts in respect of lea4e of absence and pension as are
pro4ided for under ,rticle 12/ in respect of the >ud3es of the Supre!e *ourt.
(3) 9othin3 in this *onstitution shall operate to in4alidate the e+ercise of Aurisdiction b 5is
@aAest in *ouncil to dispose of appeals and petitions fro!, or in respect of, an Aud3e!ent,
decree or order of an court &ithin the territor of India in so far as the e+ercise of such
Aurisdiction is authorised b la&, and an order of 5is @aAest in *ouncil !ade on an such
appeal or petition after the co!!ence!ent of this *onstitution shall for all purposes ha4e effect
as if it &ere an order or decree !ade b the Supre!e *ourt in the e+ercise of the Aurisdiction
conferred on such *ourt b this *onstitution.
(2) Bn and fro! the co!!ence!ent of this *onstitution the Aurisdiction of the authorit
functionin3 as the %ri4 *ouncil in a State specified in %art B of the First Schedule to entertain
and dispose of appeals and petitions fro! or in respect of an Aud3!ent, decree or order of an
court &ithin that State shall cease, and all appeals and other proceedin3s pendin3 before the said
authorit at such co!!ence!ent shall be transferred to, and disposed of b, the Supre!e *ourt.
(/) Further pro4ision !a be !ade b %arlia!ent b la& to 3i4e effect to the pro4isions of this
article.
'63.Co)rt!( a)thoritie! and offi&er! to &ontin)e to f)n&tion !)"Ae&t to the .ro/i!ion! of the
Con!tit)tion.- ,ll courts of ci4il, cri!inal and re4enue Aurisdiction, all authorities and all officers,
Audicial, e+ecuti4e and !inisterial, throu3hout the territor of India, shall continue to e+ercise their
respecti4e functions subAect to the pro4isions of this *onstitution.
'65.Pro/i!ion! a! to C)d+e! of Hi+h Co)rt!.- (1) 9ot&ithstandin3 anthin3 in this clause (2) of
,rticle 21., the >ud3es of a 5i3h *ourt in an %ro4ince holdin3 office i!!ediatel before the
co!!ence!ent of this *onstitution shall, unless the ha4e elected other&ise, beco!e on such
co!!ence!ent the >ud3es of the 5i3h *ourt in the correspondin3 State, and shall thereupon be
entitled to such salaries and allo&ances and to such ri3hts in respect of lea4e of absence and
pension as are pro4ided for under ,rticle 221 in respect of the >ud3es of such 5i3h *ourt. ,n
such >ud3e shall, not&ithstandin3 that he is not a citi<en of India, be eli3ible for appoint!ent as
*hief >ustice of such 5i3h *ourt, or as *hief >ustice or other >ud3e of an other 5i3h *ourt.
(2) The >ud3es of a 5i3h *ourt in an Indian State correspondin3 to an State specified in %art B
of the First Schedule holdin3 office i!!ediatel before the co!!ence!ent of this *onstitution
shall, unless the ha4e elected other&ise, beco!e on such co!!ence!ent the >ud3es of the
5i3h *ourt in the State so specified and shall, not&ithstandin3 anthin3 in clauses (1) and (2) of
,rticle 21. but subAect to the pro4iso to clause (1) of that article, continue to hold office until the
e+piration of such period as the %resident !a b order deter!ine. In this article, the e+pression
8>ud3e8 does not include an actin3 >ud3e or an additional >ud3e.
'66.Pro/i!ion! a! to Com.tro##er and A)ditor1;enera# of India.- The ,uditor-=eneral of India
holdin3 office i!!ediatel before the co!!ence!ent of this *onstitution shall, unless he has
elected other&ise, beco!e on such co!!ence!ent the *o!ptroller and ,uditor-=eneral of India
and shall thereupon be entitled to such salaries and to such ri3hts in respect of lea4e of absence
and pension as are pro4ided for under clause (3) of ,rticle 12: in respect of the *o!ptroller and
,uditor-=eneral of India and be entitled to continue to hold office until the e+piration of his ter! of
office as deter!ined under the pro4isions &hich &ere applicable to hi! i!!ediatel before such
co!!ence!ent.
'67.Pro/i!ion! a! to P)"#i& Ser/i&e Commi!!ion!.- (1) The !e!bers of the %ublic Ser4ice
*o!!ission for the ?o!inion of India holdin3 office i!!ediatel before the co!!ence!ent of
this *onstitution shall, unless the ha4e elected other&ise, beco!e on such co!!ence!ent the
!e!bers of the %ublic Ser4ice *o!!ission for the Union and shall, not&ithstandin3 anthin3 in
clauses (1) and (2) of ,rticle 310 but subAect to the pro4iso to clause (2) of that article, continue to
hold office until the e+piration of their ter! of office as deter!ined under the rules &hich &ere
applicable i!!ediatel before such co!!ence!ent to such !e!bers.
(2) The !e!bers of a %ublic Ser4ice *o!!ission of a %ro4ince or of a %ublic Ser4ice
*o!!ission ser4in3 the needs of a 3roup of %ro4inces holdin3 office i!!ediatel before the
co!!ence!ent of this *onstitution shall, unless the ha4e elected other&ise, beco!e on such
co!!ence!ent the !e!bers of the %ublic Ser4ice *o!!ission for the correspondin3 State or
the !e!bers of the >oint State %ublic Ser4ice *o!!ission ser4in3 the needs of the
correspondin3 States, as the case !a be, and shall, not&ithstandin3 anthin3 in clauses (1) and
(2) of ,rticle 310 but subAect to the pro4iso to clause (2) of that article, continue to hold office until
the e+piration of their ter! of office as deter!ined under the rules &hich &ere applicable
i!!ediatel before such co!!ence!ent to such !e!bers.
'671A. S.e&ia# .ro/i!ion a! to d)ration of Andhra Prade!h -e+i!#ati/e A!!em"#y.-
9ot&ithstandin3 anthin3 contained in ,rticle 1.2, the 6e3islati4e ,sse!bl of the State of
,ndhra %radesh as constituted under the pro4isions of Sections 2: and 2- of the States
)eor3anisation ,ct, 1-/0, shall, unless sooner dissol4ed, continue for a period of fi4e ears fro!
the date referred to in the said Section 2- and no lon3er and the e+piration of the said period
shall operate as a dissolution of that 6e3islati4e ,sse!bl.3.--3-1. )epealed b the *onstitution
(Se4enth ,!end!ent) ,ct, 1-/0, S.2- and Sch.
'681'81. Re.. "y the Con!tit)tion ESe/enth AmendmentF A&t( 1835( !e&. 8 and S&h.
'8. Po$er of the Pre!ident to remo/e diffi&)#tie!.- (1) The %resident !a, for the purpose of
re!o4in3 an difficulties, particularl in relation to the transition fro! the pro4isions of the
=o4ern!ent of India ,ct, 1-3/, to the pro4isions of this *onstitution, b order direct that this
*onstitution shall, durin3 such period as !a be specified in the order, ha4e effect subAect to such
adaptations, &hether b &a of !odification, addition or o!ission, as he !a dee! to be
necessar or e+pedient$
%ro4ided that no such order shall be !ade after the first !eetin3 of %arlia!ent dul constituted
under *hapter II of %art F.
(2) 74er order !ade under clause (1) shall be laid before %arlia!ent.
(3) The po&ers conferred on the %resident b this article, b ,rticle 322, b clause (3) of ,rticle
30. and b ,rticle 3-1 shall, before the co!!ence!ent of this *onstitution, be e+ercisable b the
=o4ernor-=eneral of the ?o!inion of India.
PART ==II1SHORT TIT-E( CO::ENCE:ENT AND REPEA-S
'8'.Short tit#e. - This *onstitution !a be called the *onstitution of India.
'8,.Commen&ement.- This article and ,rticles /, 0, ., :, -, 01, 322, 300, 30., 3.-, 3:1, 3::,
3-1, 3-2 and 3-3 shall co!e into force at once, and the re!ainin3 pro4isions of this *onstitution
shall co!e into force on the t&ent-si+th da of >anuar, 1-/1, &hich da is referred to in this
*onstitution as the co!!ence!ent of this *onstitution.
'83.Re.ea#!. - The Indian Independence ,ct, 1-2., and the =o4ern!ent of India ,ct, 1-3/,
to3ether &ith all enact!entGs a!endin3 or supple!entin3 the latter ,ct, but not includin3 the
,bolition of %ri4 *ouncil >urisdiction ,ct, 1-2-, are hereb repealed.
FIRST SCHEDU-E
(,rticles 1 and 2
I. THE STATES
Name Territorie!
1. Andhra Prade!h The territories specified in sub-section (1) of section 3 of the ,ndhra State
,ct, 1-/3, sub-section (1) of section 3 of the States )eor3anisation ,ct, 1-/0, the First Schedule
to the ,ndhra %radesh and @adras (,lteration of Boundaries) ,ct, 1-/-, and the Schedule to the
,ndhra %radesh and @sore (Transfer of Territor) ,ct, 1-0:, but e+cludin3 the territories
specified in the Second Schedule to the ,ndhra %radesh and @adras (,lteration of Boundaries)
,ct, 1-/-.
2. A!!am The territories &hich i!!ediatel before the co!!ence!ent of this *onstitution &ere
co!prised in the %ro4ince of ,ssa!, the Ehasi States and the ,ssa! Tribal ,reas, but e+cludin3
the territories specified in the Schedule to the ,ssa! (,lteration of Boundaries) ,ct, 1-/1, and
the territories specified in sub-section (1) of section 3 of the State of 9a3aland ,ct, 1-02 and the
territories specified in sections /, 0 and . of the 9orth-7astern ,reas ()eor3anisation) ,ct, 1-.1.
3. @ihar The territories &hich i!!ediatel before the co!!ence!ent of this *onstitution &ere
either co!prised in the %ro4ince of Bihar or &ere bein3 ad!inistered as if the for!ed part of that
%ro4ince and the territories specified in clause (1) of sub-section (1) of section 3 of the Bihar and
Uttar %radesh (,lteration of Boundaries) ,ct, 1-0:, but e+cludin3 the territories specified in sub-
section (1) of section 3 of the Bihar and Dest Ben3al (Transfer of Territories) ,ct, 1-/0, and the
territories specified in clause (b) of sub-section (1) of section 3 of the first !entioned ,ct.
2. ;)Aarat The territories referred to in sub-section (1) of section 3 of the Bo!ba )eor3anisation
,ct, 1-01.
/. Iera#a The territories specified in sub-section (1) of section / of the States )eor3anisation ,ct,
1-/0.
0. :adhya Prade!h The territories specified in sub-section (1) of section - of the States
)eor3anisation ,ct, 1-/0 and the First Schedule to the )aAasthan and @adha %radesh (Transfer
of Territories) ,ct, 1-/-.
.. Tami# Nad) The territories &hich i!!ediatel before the co!!ence!ent of this *onstitution
&ere either co!prised in the %ro4ince of @adras or &ere bein3 ad!inistered as if the for!ed
part of that %ro4ince and the territories specified in section 2 of the States )eor3anisation ,ct,
1-/0, and the Second Schedule to the ,ndhra %radesh and @adras (,lteration of Boundaries)
,ct, 1-/- but e+cludin3 the territories specified in sub-section (1) of section 3 and sub-section (1)
of section 2 of the ,ndhra State ,ct, 1-/3 and the territories specified in clause (b) of sub-section
(1) of section /, section 0 and clause (d) of sub-section (1) of section . of the States
)eor3anisation ,ct, 1-/0 and the territories specified in the First Schedule to the ,ndhra %radesh
and @adras (,lteration of Boundaries) ,ct, 1-/-.
:. :ahara!htra The territories specified in sub-section (1) of section : of the States
)eor3anisation ,ct, 1-/0, but e+cludin3 the territories referred to in sub-section (1) of section 3 of
the Bo!ba )eor3anisation ,ct, 1-01.
-. Iarnata%a The territories specified in sub-section (1) of section . of the States )eor3anisation
,ct, 1-/0 but e+cludin3 the territor specified in the Schedule to the ,ndhra %radesh and @sore
(Transfer of Territor) ,ct, 1-0:
11. Ori!!a The territories &hich i!!ediatel before the co!!ence!ent of this *onstitution &ere
either co!prised in the %ro4ince of Brissa or &ere bein3 ad!inistered as if the for!ed part of
that %ro4ince.
11. P)nAa" The territories specified in section 11 of the States )eor3anisation ,ct, 1-/0 and the
territories referred to in %art II of the First Schedule to the ,c#uired Territories (@er3er) ,ct, 1-01
but e+cludin3 the territories referred to in %art II of the First Schedule to the *onstitution (9inth
,!end!ent) ,ct, 1-01 and the territories specified in sub-section (1) of section 3, section 2 and
sub-section (1) of section / of the %unAab )eor3anisation ,ct, 1-00.
12. RaAa!than The territories specified in section 11 of the States )eor3anisation ,ct, 1-/0 but
e+cludin3 the territories specified in the First Schedule to the )aAasthan and @adha %radesh
(Transfer of Territories) ,ct, 1-/-.
13. Uttar Prade!h The territories &hich i!!ediatel before the co!!ence!ent of this
*onstitution &ere either co!prised in the %ro4ince 'no&n as the United %ro4inces or &ere bein3
ad!inistered as if the for!ed part of that %ro4ince, the territories specified in clause (b) of sub-
section (1) of section 3 of the Bihar and Uttar %radesh (,lteration of Boundaries) ,ct, 1-0:, and
the territories specified in clause (b) of sub-section (1) of section 2 of the 5arana and Uttar
%radesh (,lteration of Boundaries) ,ct, 1-.-, but e+cludin3 the territories specified in clause (a)
of sub-section (1) of section 3 of the Bihar and Uttar %radesh (,lteration of Boundaries) ,ct,
1-0:, and the territories specified in clause (a) of sub-section (1) of section 2 of the 5arana and
Uttar %radesh (,lteration of Boundaries) ,ct, 1-.-.
12. ?e!t @en+a# The territories &hich i!!ediatel before the co!!ence!ent of this *onstitution
&ere either co!prised in the %ro4ince of Dest Ben3al or &ere bein3 ad!inistered as if the
for!ed part of that %ro4ince in the territor of *handerna3ore as defined in clause (c) of section 2
of the *handerna3ore (@er3er) ,ct, 1-/2, and also the territories specified in sub-section (1) of
section 3 of the Bihar and Dest Ben3al (Transfer of Territories) ,ct, 1-/0.
1/. Camm) and The territor &hich i!!ediatel before the co!!ence!ent of this *onstitution
are co!prised in the Indian State of >a!!u and Eash!ir.
10. Na+a#and The territories specified in sub-section (1) of section 3 of the State of 9a3aland ,ct,
1-02.
1.. Haryana The territories specified in sub-section (1) of section 3 of the %unAab )eor3anisation
,ct, 1-00 and the territories specified in clause (a) of sub-section (1) of section 2 of the 5arana
and Uttar %radesh (,lteration of Boundaries) ,ct, 1-.-, but e+cludin3 the territories specified in
clause (b) of sub-section (1) of section 2 of that ,ct.
1:. Hima&ha# Prade!h The territories &hich i!!ediatel before the co!!ence!ent of this
*onstitution &ere bein3 ad!inistered as if the &ere *hief *o!!issioners; %ro4inces under the
na!es of 5i!achal %radesh and Bilaspur and the Territories specified in sub-section (1) of
section / of the %unAab )eor3anisation ,ct, 1-00.
1-. :ani.)r The territor &hich i!!ediatel before the co!!ence!ent of this *onstitution &as
bein3 ad!inistered as if it &ere a *hief *o!!issioner;s %ro4ince under the na!e of @anipur.
21. Tri.)ra The territor &hich i!!ediatel before the co!!ence!ent of this *onstitution &as
bein3 ad!inistered as if it &ere a *hief *o!!issioner;s %ro4ince under the na!e of Tripura.
21. :e+ha#aya The territories specified in section / of the 9orth-7astern ,reas ()eor3anisation)
,ct, 1-.1.
22. Si%%im The territories &hich i!!ediatel before the co!!ence!ent of the *onstitution
(Thirt-si+th ,!end!ent) ,ct, 1-./, &ere co!prised in Si''i!.
23. :i4oram The territories specified in section 0 of the 9orth 7astern ,reas ()eor3anisation)
,ct, 1-.1.
22. Ar)na&ha# Prade!h The territories specified in section . of the 9orth 7astern ,reas
()eor3anisation) ,ct, 1-.1.
2/. ;oa The territories specified in section 3 of the =oa, ?a!an and ?iu )eor3anisation ,ct,
1-:..
II. THE UNION TERRITORIES
1. ?elhi The territor &hich i!!ediatel before the co!!ence!ent of this *onstitution &as
co!prised in the *hief *o!!issioner;s %ro4ince of ?elhi.
III
III
2. The ,nda!an and The territor &hich i!!ediatel before the co!!ence!ent of this
*onstitution &as co!prised in the *hief *o!!issioner;s %ro4ince of the ,nda!an and 9icobar
Islands.
3. 6a'shad&eep The territor specified in section 0 of the States )eor3anisation ,ct, 1-/0.
2. ?adra and 9a3ar The territor &hich i!!ediatel before the ele4enth da of ,u3ust, 1-01 &as
co!prised in Free ?adra and 9a3ar 5a4eli..
/. ?a!an and ?iu The territories specified in section 2 of the =oa, ?a!an and ?iu
)eor3anisation ,ct, 1-:..
0. %ondicherr The territories &hich i!!ediatel before the si+teenth da of ,u3ust, 1-02, &ere
co!prised in the French 7stablish!ents in India 'no&n as %ondicherr, Eari'al, @ahe and
Mana!.
.. *handi3arh The territories specified in section 2 of the %unAab )eor3anisation ,ct, 1-00.
SECOND SCHEDU-E
(,rticles /-(3), 0/(3), ./(0), -., 12/, 12:(3), 1/:(3), 102(/),1:0 and 221
PART A
%)BFISIB9S ,S TB T57 %)7SI?79T ,9? T57 =BF7)9B)S BF ST,T7S III
1. There shall be paid to the %resident and to the =o4ernors of the States III the follo&in3
e!olu!ents per !ense!, that is to sa$;
The %resident 11,111 rupees
The =o4ernor of a State /,/11 rupees
2. There shall also be paid to the %resident and to the =o4ernors of the States III such
allo&ances as &ere paable respecti4el to the =o4ernor-=eneral of the ?o!inion of India and to
the =o4ernors of the correspondin3 %ro4inces i!!ediatel before the co!!ence!ent of this
*onstitution.
3. The %resident and the =o4ernors of the States throu3hout their respecti4e ter!s of office shall
be entitled to the sa!e pri4ile3es to &hich the =o4ernor-=eneral and the =o4ernors of the
correspondin3 %ro4inces &ere respecti4el entitled i!!ediatel before the co!!ence!ent of
this *onstitution.
2. Dhile the Fice-%resident or an other person is dischar3in3 the functions of, or is actin3 as,
%resident, or an person is dischar3in3 the functions of the =o4ernor, he shall be entitled to the
sa!e e!olu!ents, allo&ances and pri4ile3es as the %resident or the =o4ernor &hose functions
he dischar3es or for &ho! he acts, as the case !a be.
III
PART C
%)BFISIB9S ,S TB T57 S%7,E7) ,9? T57 ?7%UTM S%7,E7) BF T57 5BUS7 BF T57
%7B%67 ,9? T57 *5,I)@,9 ,9? T57 ?7%UTM *5,I)@,9 BF T57 *BU9*I6 BF ST,T7S
,9? T57 S%7,E7) ,9? T57 ?7%UTM S%7,E7) BF T57 67=IS6,TIF7 ,SS7@B6M III ,9?
T57 *5,I)@,9 ,9? T57 ?7%UTM *5,I)@,9 BF T57 67=IS6,TIF7 *BU9*I6 BF ,
ST,T7.
.. There shall be paid to the Spea'er of the 5ouse of the %eople and the *hair!an of the *ouncil
of States such salaries and allo&ances as &ere paable to the Spea'er of the *onstituent
,sse!bl of the ?o!inion of India i!!ediatel before the co!!ence!ent of this *onstitution,
and there shall be paid to the ?eput Spea'er of the 5ouse of the %eople and to the ?eput
*hair!an of the *ouncil of States such salaries and allo&ances as &ere paable to the ?eput
Spea'er of the *onstituent ,sse!bl of the ?o!inion of India i!!ediatel before such
co!!ence!ent.
:. There shall be paid to the Spea'er and the ?eput Spea'er of the 6e3islati4e ,sse!bl III and
to the *hair!an and the ?eput *hair!an of the 6e3islati4e *ouncil of a State .such salaries and
allo&ances as &ere paable respecti4el to the Spea'er and the ?eput Spea'er of the
6e3islati4e ,sse!bl and the %resident and the ?eput %resident of the 6e3islati4e *ouncil of the
correspondin3 %ro4ince i!!ediatel before the co!!ence!ent of this *onstitution and, &here
the correspondin3 %ro4ince had no 6e3islati4e *ouncil i!!ediatel before such co!!ence!ent,
there shall be paid to the *hair!an and the ?eput *hair!an of the 6e3islati4e *ouncil of the
State such salaries and allo&ances as the =o4ernor of the State !a deter!ine.
PART D
%)BFISIB9S ,S TB T57 >U?=7S BF T57 SU%)7@7 *BU)T ,9? BF T57 5I=5 *BU)TS
III
-. (1) There shall be paid to the >ud3es of the Supre!e *ourt, in respect of ti!e spent on actual
ser4ice, salar at the follo&in3 rates per !ense!, that is to sa$;
The *hief >ustice 11,111 rupees
,n other >ud3e -,111 rupees$
%ro4ided that if a >ud3e of the Supre!e *ourt at the ti!e of his appoint!ent is in receipt of a
pension (other than a disabilit or &ound pension) in respect of an pre4ious ser4ice under the
=o4ern!ent of India or an of its predecessor =o4ern!ents or under the =o4ern!ent of a State
or an of its predecessor =o4ern!ents, his salar in respect of ser4ice in the Supre!e *ourt
shall be reduced;
(a) b the a!ount of that pension, and
(b) if he has, before such appoint!ent, recei4ed in lieu of a portion of the pension due to hi! in
respect of such pre4ious ser4ice the co!!uted 4alue thereof, b the a!ount of that portion of the
pension, and
(c) if he has, before such appoint!ent, recei4ed a retire!ent 3ratuit in respect of such pre4ious
ser4ice, b the pension e#ui4alent of that 3ratuit.
(2) 74er >ud3e of the Supre!e *ourt shall be entitled &ithout pa!ent of rent to the use of an
official residence.
(3) 9othin3 in sub-para3raph (2) of this para3raph shall appl to a >ud3e &ho, i!!ediatel before
the co!!ence!ent of this *onstitution,;
(a) &as holdin3 office as the *hief >ustice of the Federal *ourt and has beco!e on such
co!!ence!ent the *hief >ustice of the Supre!e *ourt under clause (1) of article 3.2, or
(b) &as holdin3 office as an other >ud3e of the Federal *ourt and has on such co!!ence!ent
beco!e a >ud3e (other than the *hief >ustice) of the Supre!e *ourt under the said clause,
durin3 the period he holds office as such *hief >ustice or other >ud3e, and e4er >ud3e &ho so
beco!es the *hief >ustice or other >ud3e of the Supre!e *ourt shall, in respect of ti!e spent on
actual ser4ice as such *hief >ustice or other >ud3e, as the case !a be, be entitled to recei4e in
addition to the salar specified in sub-para3raph (1) of this para3raph as special pa an a!ount
e#ui4alent to the difference bet&een the salar so specified and the salar &hich he &as dra&in3
i!!ediatel before such co!!ence!ent.
(2) 74er >ud3e of the Supre!e *ourt shall recei4e such reasonable allo&ances to rei!burse
hi! for e+penses incurred in tra4ellin3 on dut &ithin the territor of India and shall be afforded
such reasonable facilities in connection &ith tra4ellin3 as the %resident !a fro! ti!e to ti!e
prescribe.
(/) The ri3hts in respect of lea4e of absence (includin3 lea4e allo&ances) and pension of the
>ud3es of the Supre!e *ourt shall be 3o4erned b the pro4isions &hich, i!!ediatel before the
co!!ence!ent of this *onstitution, &ere applicable to the >ud3es of the Federal *ourt.
11. (1). There shall be paid to the >ud3es of 5i3h *ourts, in respect of ti!e spent on actual
ser4ice, salar at the follo&in3 rates per !ense!, that is to sa,;
The *hief >ustice -,111 rupees
,n other >ud3e :,111 rupees$
%ro4ided that if a >ud3e of a 5i3h *ourt at the ti!e of his appoint!ent is in receipt of a pension
(other than a disabilit or &ound pension) in respect of an pre4ious ser4ice under the
=o4ern!ent of India or an of its predecessor =o4ern!ents or under the =o4ern!ent of a State
or an of its predecessor =o4ern!ents, his salar in respect of ser4ice in the 5i3h *ourt shall be
reduced;
(a) b the a!ount of that pension, and
(b) if he has, before such appoint!ent, recei4ed in lieu of a portion of the pension due to hi! in
respect of such pre4ious ser4ice the co!!uted 4alue thereof, b the a!ount of that portion of the
pension, and
(c) if he has, before such appoint!ent, recei4ed a retire!ent 3ratuit in respect of such pre4ious
ser4ice, b the pension e#ui4alent of that 3ratuit.
(2) 74er person &ho i!!ediatel before the co!!ence!ent of this *onstitution;
(a) &as holdin3 office as the *hief >ustice of a 5i3h *ourt in an %ro4ince and has on such
co!!ence!ent beco!e the *hief >ustice of the 5i3h *ourt in the correspondin3 State under
clause (1) of article 3.0, or
(b) &as holdin3 office as an other >ud3e of a 5i3h *ourt in an %ro4ince and has on such
co!!ence!ent beco!e a >ud3e (other than the *hief >ustice) of the 5i3h *ourt in the
correspondin3 State under the said clause,
shall, if he &as i!!ediatel before such co!!ence!ent dra&in3 a salar at a rate hi3her than
that specified in sub-para3raph (1) of this para3raph, be entitled to recei4e in respect of ti!e
spent on actual ser4ice as such *hief >ustice or other >ud3e, as the case !a be, in addition to
the salar specified in the said sub-para3raph as special pa an a!ount e#ui4alent to the
difference bet&een the salar so specified and the salar &hich he &as dra&in3 i!!ediatel
before such co!!ence!ent.
(3) ,n person &ho, i!!ediatel before the co!!ence!ent of the *onstitution (Se4enth
,!end!ent) ,ct, 1-/0, &as holdin3 office as the *hief >ustice of the 5i3h *ourt of a State
specified in %art B of the First Schedule and has on such co!!ence!ent beco!e the *hief
>ustice of the 5i3h *ourt of a State specified in the said Schedule as a!ended b said ,ct, shall,
if he &as i!!ediatel before such co!!ence!ent dra&in3 an a!ount as allo&ance in addition
to his salar, be entitled to recei4e in respect of ti!e spent on actual ser4ice as such *hief
>ustice, the sa!e a!ount as allo&ance in addition to the salar specified in sub-para3raph (1) of
this para3raph.
11. In this %art, unless the conte+t other&ise re#uires;
(a) the e+pression ;*hief >ustice; includes an actin3 *hief >ustice, and a ;>ud3e; includes an
ad hoc >ud3e"
(b) ;actual ser4ice; includes;
(i) ti!e spent b a >ud3e on dut as a >ud3e or in the perfor!ance of such other functions as he
!a at the re#uest of the %resident underta'e to dischar3e"
(ii) 4acations, e+cludin3 an ti!e durin3 &hich the >ud3e is absent on lea4e" and
(iii) Aoinin3 ti!e on transfer fro! a 5i3h *ourt to the Supre!e *ourt or fro! one 5i3h *ourt to
another.
PART E
%)BFISIB9S ,S TB T57 *B@%T)B667) ,9? ,U?ITB)-=797),6 BF I9?I,
12. (1) There shall be paid to the *o!ptroller and ,uditor-=eneral of India a salar at the rate of
four thousand2 rupees per !ense!,
(2) The person &ho &as holdin3 office i!!ediatel before the co!!ence!ent of this *onstitution
as ,uditor-=eneral of India and has beco!e on such co!!ence!ent the *o!ptroller and
,uditor-=eneral of India under article 3.. shall in addition to the salar specified in sub-
para3raph (1) of this para3raph be entitled to recei4e as special pa an a!ount e#ui4alent to the
difference bet&een the salar so specified and the salar &hich he &as dra&in3 as ,uditor-
=eneral of India i!!ediatel before such co!!ence!ent.
(3) The ri3hts in respect of lea4e of absence and pension and the other conditions of ser4ice of
the *o!ptroller and ,uditor-=eneral of India shall be 3o4erned or shall continue to be 3o4erned,
as the case !a be, b the pro4isions &hich &ere applicable to the ,uditor-=eneral of India
i!!ediatel before the co!!ence!ent of this *onstitution and all references in those pro4isions
to the =o4ernor-=eneral shall be construed as references to the %resident.
THIRD SCHEDU-E
(,rticles ./(2), --, 122(0), 12:(2), 102(3), 1:: and 21-1
Form! of Oath! or Affirmation!
Form of oath of offi&e for a :ini!ter for the UnionJ
;I, ,.B., do that I &ill bear true faith and alle3iance to the *onstitution of India as b la&
established, that I &ill uphold the so4erei3nt and inte3rit of India that I &ill faithfull and
conscientiousl dischar3e ! duties as a @inister for the Union and that I &ill do ri3ht to all
!anner of people in accordance &ith the *onstitution and the la&, &ithout fear or fa4our, affection
or ill-&ill.;
II
Form of oath of !e&re&y for a :ini!ter for the UnionJ
;I, ,.B., do that I &ill not directl or indirectl co!!unicate or re4eal to an person or persons an
!atter &hich shall be brou3ht under ! consideration or shall beco!e 'no&n to !e as a @inister
for the Union e+cept as !a be re#uired for the due dischar3e of !-duties as such @inister.;
III
A
Form of oath or affirmation to "e made "y a &andidate for e#e&tion to Par#iamentJ
;I, ,.B., ha4in3 been no!inated as a candidate to fill a seat in the *ouncil of States (or the 5ouse
of the %eople) do . that I &ill bear true faith and alle3iance to the *onstitution of India as b la&
established and that I &ill uphold the so4erei3nt and inte3rit of India.;
@
Form of oath or affirmation to "e made "y a mem"er of Par#iamentJ
;I, ,.B., ha4in3 been elected (or no!inated) a !e!ber of the *ouncil of States (or the 5ouse of
the %eople) do that I &ill bear true faith and alle3iance to the *onstitution of India as b la&
established, that I &ill uphold the so4erei3nt and inte3rit of India and that I &ill faithfull
dischar3e the dut upon &hich I a! about to enter.;
I>
Form of oath or affirmation to "e made "y the C)d+e! of the S).reme Co)rt and the
Com.tro##er and A)ditor1;enera# of IndiaJ
;I, ,.B., ha4in3 been appointed *hief >ustice (or a >ud3e) of the Supre!e *ourt of India (or
*o!ptroller and ,uditor-=eneral of India) do that I &ill bear true faith and alle3iance to the
*onstitution of India as b la& established, that I &ill uphold the so4erei3nt and inte3rit of India,
that I &ill dul and faithfull and to the best of ! abilit, 'no&led3e and Aud3!ent perfor! the
duties of ! office &ithout fear or fa4our, affection or ill-&ill and that I &ill uphold the *onstitution
and the la&s.;
>
Form of oath of offi&e for a :ini!ter for a StateJ
;I, ,.B., do that I &ill bear true faith and alle3iance to the *onstitution of India as b la&
established, that I &ill uphold the so4erei3nt and inte3rit of India, that I &ill faithfull and
conscientiousl dischar3e ! duties as a @inister for the State of................... and that I &ill do
ri3ht to all !anner of people in accordance &ith the *onstitution and the la& &ithout fear or
fa4our, affection or ill-&ill.;
>I
Form of oath of !e&re&y for a :ini!ter for a StateJ
;I, ,.B., do that I &ill not directl or indirectl co!!unicate or re4eal to an person or persons an
!atter &hich shall be brou3ht under ! consideration or shall beco!e 'no&n to !e as a @inister
for the State of.................... e+cept as !a be re#uired for the due dischar3e of ! duties as
such @inister.;
>II A
Form of oath or affirmation to "e made "y a &andidate for e#e&tion to the -e+i!#at)re of a
StateJ
;I, ,.B., ha4in3 been no!inated as a candidate to fill a seat in 6e3islati4e ,sse!bl (or
6e3islati4e *ouncil) , do that I &ill bear true faith and alle3iance to the *onstitution of India as b
la& established and that I &ill uphold the so4erei3nt and inte3rit of India.;
@
Form of oath or affirmation to "e made "y a mem"er of the -e+i!#at)re of a StateJ
;I, ,.B., ha4in3 been elected (or no!inated) a !e!ber of the 6e3islati4e ,sse!bl (or 6e3islati4e
*ouncil), do that I &ill bear true faith and alle3i-ance to the *onstitution of India as b la&
established, that I &ill uphold the so4erei3nt and inte3rit of India and that I &ill faithfull
dischar3e the dut upon &hich I a! about to enter.;
>III
Form of oath or affirmation to "e made "y the C)d+e! of a Hi+h Co)rtJ
;I, ,.B., ha4in3 been appointed *hief >ustice (or a >ud3e) of the 5i3h *ourt at (or of)........do that
I &ill bear true faith and alle3iance to the *onstitution of India as b la& established, that I &ill
uphold the so4erei3nt and inte3rit of India, that I &ill dul and faithfull and to the best of !
abilit, 'no&led3e, and Aud3!ent perfor! the duties of ! office &ithout fear or fa4our, affection
or ill-&ill and that I &ill uphold the *onstitution and the la&s.
FOURTH SCHEDU-E
(,rticles 2(1) and :1(2)
A##o&ation of !eat! in the Co)n&i# of State!
For each State or Union territor specified in the first colu!n of the follo&in3 table, there shall be
allotted the nu!ber of seats specified in the second colu!n thereof opposite to that State or that
Union territor, as the case !a be.
Table
1. ,ndhra %radesh 1:
2. ,ssa! .
3. Bihar 22
2. =oa 1
/. =uAarat 11
0. 5arana /
.. Eerala -
:. @adha %radesh 10
-. Ta!il 9adu 1:
11. @aharashtra 1-
11. Earnata'a 12
12. Brissa 11
13. %unAab .
12. )aAasthan 11
1/. Uttar %radesh 32
10. Dest Ben3al 10
1.. >a!!u and Eash!ir 2
1:. 9a3aland 1
1-. 5i!achal %radesh 3
21. @anipur 1
21. Tripura 1
22. @e3halaa 1
23. Si''i! 1
22. @i<ora! 1
2/. ,runachal %radesh 1
20. ?elhi 3
2.. %ondicherr. 1
III
III
Total 233
FIFTH SCHEDU-E
(,rticle 222(1)
Pro/i!ion! a! to the Admini!tration and Contro# of S&hed)#ed Area! and S&hed)#ed Tri"e!
PART A
=eneral
1. Interpretation.;
In this Schedule, unless the conte+t other&ise re#uires, the e+pression ;State; III does not
include the States of ,ssa! , @e3halaa, Tripura and @i<ora!.
2. 7+ecuti4e po&er of a State in Scheduled ,reas.;
SubAect to the pro4isions of this Schedule, the e+ecuti4e po&er of a State e+tends to the
Scheduled ,reas therein.
3. )eport b the =o4ernor III to the %resident re3ardin3 the ad!inistration of Scheduled ,reas.;
The =o4ernor III of each State ha4in3 Scheduled ,reas therein shall annuall, or &hene4er so
re#uired b the %resident, !a'e a report to the %resident re3ardin3 the ad!inistration of the
Scheduled ,reas in that State and the e+ecuti4e po&er of the Union shall e+tend to the 3i4in3 of
directions to the State as to the ad!inistration of the said areas.
PART @
AD:INISTRATION AND CONTRO- OF SCHEDU-ED AREAS AND SCHEDU-ED TRI@ES
2. Tribes ,d4isor *ouncil.;
(1) There shall be established in each State ha4in3 Scheduled ,reas therein and, if the %resident
so directs, also in an State ha4in3 Scheduled Tribes but not Scheduled ,reas therein, a Tribes
,d4isor *ouncil consistin3 of not !ore than t&ent !e!bers of &ho!, as nearl as !a be,
three-fourths shall be the representati4es of the Scheduled Tribes in the 6e3islati4e ,sse!bl of
the State$
%ro4ided that if the nu!ber of representati4es of the Scheduled Tribes in the 6e3islati4e
,sse!bl of the State is less than the nu!ber of seats in the Tribes ,d4isor *ouncil to be filled
b such representati4es, the re!ainin3 seats shall be filled b other !e!bers of those tribes.
(2) It shall be the dut of the Tribes ,d4isor *ouncil to ad4ise on such !atters pertainin3 to the
&elfare and ad4ance!ent of the Scheduled Tribes in the State as !a be referred to the! b the
=o4ernor III.
(3) The =o4ernor III !a !a'e rules prescribin3 or re3ulatin3, as the case !a be,
(a) the nu!ber of !e!bers of the *ouncil, the !ode of their appoint!ent and the appoint!ent of
the *hair!an of the *ouncil and of the officers and ser4ants thereof,
(b) the conduct of its !eetin3s and its procedure in 3eneral" and
(c) all other incidental !atters.
/. 6a& applicable to Scheduled ,reas.;
(1) 9ot&ithstandin3 anthin3 in this *onstitution, the =o4ernor III !a b public notification direct
that an particular ,ct of %arlia!ent or of the 6e3islature of the State shall not appl to a
Scheduled ,rea or an part thereof in the State or shall appl to a Scheduled ,rea or an part
thereof in the State subAect to such e+ceptions and !odifications as he !a specif in the
notification and an direction 3i4en under this sub-para3raph !a be 3i4en so as to ha4e
retrospecti4e effect.
(2) The =o4ernor III !a !a'e re3ulations for the peace and 3ood 3o4ern!ent of an area in a
State &hich is for the ti!e bein3 a Scheduled ,rea.
In particular and &ithout preAudice to the 3eneralit of the fore3oin3 po&er, such re3ulations
!a;
(a) prohibit or restrict the transfer of land b or a!on3 !e!bers of the Scheduled Tribes in such
area"
(b) re3ulate the allot!ent of land to !e!bers of the Scheduled Tribes in such area"
(c) re3ulate the carrin3 on of business as !one-lender b persons &ho lend !one to
!e!bers of the Scheduled Tribes in such area.
(3) In !a'in3 an such re3ulation as is referred to in sub-para3raph (2) of this para3raph, the
=o4ernor III !a repeal or a!end an ,ct of %arlia!ent or of the 6e3islature of the State or an
e+istin3 la& &hich is for the ti!e bein3 applicable to the area in #uestion.
(2) ,ll re3ulations !ade under this para3raph shall be sub!itted forth&ith to the %resident and,
until assented to b hi!, shall ha4e no effect.
(/) 9o re3ulation shall be !ade under this para3raph unless the =o4ern!ent III !a'in3 the
re3ulation has, in the case &here there is a Tribes ,d4isor *ouncil for the State, consulted such
*ouncil.
PART C
SCHEDU-ED AREAS
0. Scheduled ,reas.
;(1) In this *onstitution, the e+pression ;Scheduled ,reas; !eans such areas as the %resident
!a b order2 declare to be Scheduled ,reas.
(2) The %resident !a at an ti!e b order2;
(a) direct that the &hole or an specified part of a Scheduled ,rea shall cease to be a Scheduled
,rea or a part of such an area"
(aa) increase the area of an Scheduled ,rea in a State after consultation &ith the =o4ernor of
that State"
(b) alter, but onl b &a of rectification of boundaries, an Scheduled ,rea"
(c) on an alteration of the boundaries of a State or on the ad!ission into the Union or the
establish!ent of a ne& State, declare an territor not pre4iousl included in an State to be, or
to for! part of, a Scheduled ,rea"
(d) rescind, in relation to an State or States, an order or orders !ade under this para3raph, and
in consultation &ith the =o4ernor of the State concerned, !a'e fresh orders redefinin3 the areas
&hich are as to be Scheduled ,reas,
and an such order !a contain such incidental and conse#uential pro4isions as appear to the
%resident to be necessar and proper, but sa4e as aforesaid, the order !ade under sub-
para3raph (1) of this para3raph shall not be 4aried b an subse#uent order.
PART D
A:END:ENT OF THE SCHEDU-E
.. ,!end!ent of the Schedule.;
(1) %arlia!ent !a fro! ti!e to ti!e b la& a!end b &a of addition, 4ariation or repeal an of
the pro4isions of this Schedule and, &hen the Schedule is so a!ended, an reference to this
Schedule in this *onstitution shall be construed as a reference to such Schedule as so
a!ended.
(2) 9o such la& as is !entioned in sub-para3raph (1) of this para3raph shall be dee!ed to be an
a!end!ent of this *onstitution for the purposes of article 30:.
SI=TH SCHEDU-E
(,rticles 222(2) and 2./(1)
%ro4isions as to the ,d!inistration of Tribal ,reas in the States of ,ssa!, @e3halaa, Tripura
and @i<ora!
1. ,utono!ous districts and autono!ous re3ions.;
(1) SubAect to the pro4isions of this para3raph, the tribal areas in each ite! of %arts I, II and II,
and in %art III of the table appended to para3raph 21 of this Schedule shall be an autono!ous
district.
(2) If there are different Scheduled Tribes in an autono!ous district, the =o4ernor !a, b public
notification, di4ide the area or areas inhabited b the! into autono!ous re3ions.
(3) The =o4ernor !a, b public notification,;
(a) include an area in an of the %arts of the said table,
(b) e+clude an area fro! an of the %arts of the said table,
(c) create a ne& autono!ous district,
(d) increase the area of an autono!ous district,
(e) di!inish the area of an autono!ous district,
(f) unite t&o or !ore autono!ous districts or parts thereof so as to for! one autono!ous district,
(ff) alter the na!e of an autono!ous district,
(3) define the boundaries of an autono!ous district$
%ro4ided that no order shall be !ade b the =o4ernor under clauses (c), (d), (e) and (f) of this
sub-para3raph e+cept after consideration of the report of a *o!!ission appointed under sub-
para3raph (1) of para3raph 12 of this Schedule$
%ro4ided further that an order !ade b the =o4ernor under this sub-para3raph !a contain
such incidental and conse#uential pro4isions (includin3 an a!end!ent of para3raph 21 and of
an ite! in an of the %arts of the said table) as appear to the =o4ernor to be necessar for
3i4in3 effect to the pro4isions of the order.
2. *onstitution of ?istrict *ouncils and )e3ional *ouncils.;
(1) There shall be a ?istrict *ouncil for each autono!ous district consistin3 of not !ore than thirt
!e!bers, of &ho! not !ore than four persons shall be no!inated b the =o4ernor and the rest
shall be elected on the basis of adult suffra3e.
(2) There shall be a separate )e3ional *ouncil for each area constituted an autono!ous re3ion
under sub-para3raph (2) of para3raph 1 of this Schedule.
(3) 7ach ?istrict *ouncil and each )e3ional *ouncil shall be a bod corporate b the na!e
respecti4el of ;the ?istrict *ouncil of (na!e of district); and ;the )e3ional *ouncil of (na!e of
re3ion);, shall ha4e perpetual succession and a co!!on seal and shall b the said na!e sue
and be sued.
(2) SubAect to the pro4isions of this Schedule, the ad!inistration of an autono!ous district shall,
in so far as it is not 4ested under this Schedule in an )e3ional *ouncil &ithin such district, be
4ested in the ?istrict *ouncil for such district and the ad!inistration of an autono!ous re3ion
shall be 4ested in the )e3ional *ouncil for such re3ion.
(/) In an autono!ous district &ith )e3ional *ouncils, the ?istrict *ouncil shall ha4e onl such
po&ers &ith respect to the areas under the authorit of the )e3ional *ouncil as !a be dele3ated
to it b the )e3ional *ouncil in addition to the po&ers conferred on it b this Schedule &ith
respect to such areas.
(0) The =o4ernor shall !a'e rules for the first constitution of ?istrict *ouncils and )e3ional
*ouncils in consultation &ith the e+istin3 tribal *ouncils or other representati4e tribal
or3anisations &ithin the autono!ous districts or re3ions concerned, and such rules shall pro4ide
for;
(a) the co!position of the ?istrict *ouncils and )e3ional *ouncils and the allocation of seats
therein"
(b) the deli!itation of territorial constituencies for the purpose of elections to those *ouncils"
(c) the #ualifications for 4otin3 at such elections and the preparation of electoral rolls therefor"
(d) the #ualifications for bein3 elected at such elections as !e!bers of such *ouncils"
(e) the ter! of office of !e!bers of )e3ional *ouncils"
(f) an other !atter relatin3 to or connected &ith elections or no!inations to such *ouncils"
(3) the procedure and the conduct of business includin3 the po&er to act not&ithstandin3 an
4acanc in the ?istrict and )e3ional *ouncils"
(h) the appoint!ent of officers and staff of the ?istrict and )e3ional *ouncils.
(0,) The elected !e!bers of the ?istrict *ouncil shall hold office for a ter! of fi4e ears fro! the
date appointed for the first !eetin3 of the *ouncil after the 3eneral elections to the *ouncil,
unless the ?istrict *ouncil is sooner dissol4ed under para3raph 10 and a no!inated !e!ber
shall hold office at the pleasure of the =o4ernor$
%ro4ided that the said period of fi4e ears !a, &hile a %rocla!ation of 7!er3enc is in
operation or if circu!stances e+ist &hich, in the opinion of the =o4ernor, render the holdin3 of
elections i!practicable, be e+tended b the =o4ernor for a period not e+ceedin3 one ear at a
ti!e and in an case &here a %rocla!ation of 7!er3enc is in operation not e+tendin3 beond a
period of si+ !onths after the %rocla!ation has ceased to operate$
%ro4ided further that a !e!ber elected to fill a casual 4acanc shall hold office onl for the
re!ainder of the ter! of office of the !e!ber &ho! he replaces.
(.) The ?istrict or the )e3ional *ouncil !a after its first constitution !a'e rules &ith the appro4al
of the =o4ernor &ith re3ard to the !atters specified in sub-para3raph (0) of this para3raph and
!a also !a'e rules &ith li'e appro4al re3ulatin3;
(a) the for!ation of subordinate local *ouncils or Boards and their procedure and the conduct of
their business" and
(b) 3enerall all !atters relatin3 to the transaction of business pertainin3 to the ad!inistration of
the district or re3ion, as the case !a be$
%ro4ided that until rules are !ade b the ?istrict or the )e3ional *ouncil under this sub-
para3raph the rules !ade b the =o4ernor under sub-para3raph (0) of this para3raph shall ha4e
effect in respect of elections to, the officers and staff of, and the procedure and the conduct of
business in, each such *ouncil.
III
3. %o&ers of the ?istrict *ouncils and )e3ional *ouncils to !a'e la&s.;
(1) The )e3ional *ouncil for an autono!ous re3ion in respect of all areas &ithin such re3ion and
the ?istrict *ouncil for an autono!ous district in respect of all areas &ithin the district e+cept
those &hich are under the authorit of )e3ional *ouncils, if an, &ithin the district shall ha4e
po&er to !a'e la&s &ith respect to;
(a) the allot!ent, occupation or use, or the settin3 apart, of land, other than an land &hich is a
reser4ed forest for the purposes of a3riculture or 3ra<in3 or for residential or other non-
a3ricultural purposes or for an other purpose li'el to pro!ote the interests of the inhabitants of
an 4illa3e or to&n$
%ro4ided that nothin3 in such la&s shall pre4ent the co!pulsor ac#uisition of an land, &hether
occupied or unoccupied, for public purposes b the =o4ern!ent of the State concerned in
accordance &ith the la& for the ti!e bein3 in force authorisin3 such ac#uisition"
(b) the !ana3e!ent of an forest not bein3 a reser4ed forest"
(c) the use of an canal or &ater-course for the purpose of a3riculture"
(d) the re3ulation of the practice of Ahu! or other for!s of shiftin3 culti4ation"
(e) the establish!ent of 4illa3e or to&n co!!ittees or councils and their po&ers"
(f) an other !atter relatin3 to 4illa3e or to&n ad!inistration, includin3 4illa3e or to&n police and
public health and sanitation"
(3) the appoint!ent or succession of *hiefs or 5ead!en"
(h) the inheritance of propert"
(i) !arria3e and di4orce"
(A) social custo!s.
(2) In this para3raph, a ;reser4ed forest; !eans an area &hich is a reser4ed forest under the
,ssa! Forest )e3ulation, 1:-1, or under an other la& for the ti!e bein3 in force in the area in
#uestion.
(3) ,ll la&s !ade under this para3raph shall be sub!itted forth&ith to the =o4ernor and, until
assented to b hi!, shall ha4e no effect.
2. ,d!inistration of Austice in autono!ous districts and autono!ous re3ions.;
(1) The )e3ional *ouncil for an autono!ous re3ion in respect of areas &ithin such re3ion and the
?istrict *ouncil for an autono!ous district in respect of areas &ithin the district other than those
&hich are under the authorit of the )e3ional *ouncils, if an, &ithin the district !a constitute
4illa3e councils or courts for the trial of suits and cases bet&een the parties all of &ho! belon3 to
Scheduled Tribes &ithin such areas, other than suits and cases to &hich the pro4isions of sub-
para3raph (1) of para3raph / of this Schedule appl, to the e+clusion of an court in the State,
and !a appoint suitable persons to be !e!bers of such 4illa3e councils or presidin3 officers of
such courts, and !a also appoint such officers as !a be necessar for the ad!inistration of the
la&s !ade under para3raph 3 of this Schedule.
(2) 9ot&ithstandin3 anthin3 in this *onstitution, the )e3ional *ouncil for an autono!ous re3ion
or an court constituted in that behalf b the )e3ional *ouncil or, if in respect of an area &ithin
an autono!ous district there is no )e3ional *ouncil, the ?istrict *ouncil for such district, or an
court constituted in that behalf b the ?istrict *ouncil, shall e+ercise the po&ers of a court of
appeal in respect of all suits and cases triable b a 4illa3e council or court constituted under sub-
para3raph (1) of this para3raph &ithin such re3ion or area, as the case !a be, other than those
to &hich the pro4isions of sub-para3raph (1) of para3raph / of this Schedule appl, and no other
court e+cept the 5i3h *ourt and the Supre!e *ourt shall ha4e Aurisdiction o4er such suits or
cases.
(3) The 5i3h *ourt III shall ha4e and e+ercise such Aurisdiction o4er the suits and cases to &hich
the pro4isions of sub-para3raph (2) of this para3raph appl as the =o4ernor !a fro! ti!e to
ti!e b order specif.
(2) , )e3ional *ouncil or ?istrict *ouncil, as the case !a be, !a &ith the pre4ious appro4al of
the =o4ernor !a'e rules re3ulatin3;
(a) the constitution of 4illa3e councils and courts and the po&ers to be e+ercised b the! under
this para3raph"
(b) the procedure to be follo&ed b 4illa3e councils or courts in the trial of suits and cases under
sub-para3raph (1) of this para3raph"
(c) the procedure to be follo&ed b the )e3ional or ?istrict *ouncil or an court constituted b
such *ouncil in appeals and other proceedin3s under sub-para3raph (2) of this para3raph"
(d) the enforce!ent of decisions and orders of such *ouncils and courts$
(e) all other ancillar !atters for the carrin3 out of the pro4isions of sub-para3raphs (1) and (2)
of this para3raph.
(/) Bn and fro! such date as the %resident !a, after consultin3 the =o4ern!ent of the State
concerned, b notification appoint in this behalf, this para3raph shall ha4e effect in relation to
such autono!ous district or re3ion as !a be specified in the notification, as if;
(i) in sub-para3raph (1), for the &ords 8bet&een the parties all of &ho! belon3 to Scheduled
Tribes &ithin such areas, other than suits and cases to &hich the pro4isions of sub-para3raph (1)
of para3raph / of this Schedule appl,8, the &ords 8not bein3 suits and cases of the nature
referred to in sub- para3raph (1) of para3raph (/) of this Schedule, &hich the =o4ernor !a
specif in this behalf,8 had been substituted"
(ii) sub-para3raphs (2) and (3) had been o!itted"
(iii) in sub-para3raph (2);
(a) for the &ords 8, )e3ional *ouncil or ?istrict *ouncil, as the case !a be, !a &ith the
pre4ious appro4al of the =o4ernor !a'e rules re3ulatin3;, the &ords 8the =o4ernor !a !a'e
rules re3ulatin3; had been substituted" and
(b) for clause (a), the follo&in3 clause had been substituted, na!el$;
(a) the constitution of 4illa3e councils and courts, the po&ers to be e+ercised b the! under this
para3raph and the courts to &hich appeals fro! the decisions of 4illa3e councils and courts shall
lie"8
(c) for clause (c), the follo&in3 clause had been substituted, na!el$;
8(c) the transfer of appeals and other proceedin3s pendin3 before the )e3ional or ?istrict *ouncil
or an court constituted b such *ouncil i!!ediatel before the date appointed b the %resident
under sub-para3raph (/)"8 and
(d) in clause (e), for the &ords, brac'ets and fi3ures 8sub-para3raphs (1) and (2)8, the &ord,
brac'ets and fi3ure 8sub-para3raph (1)8 had been substituted.
/. *onfer!ent of po&ers under the *ode of *i4il %rocedure, 1-1:, and the *ode of *ri!inal
%rocedure, 1:-:,1 on the )e3ional and ?istrict *ouncils and on certain courts and officers for the
trial of certain suits, cases and offences.;
(1) The =o4ernor !a, for the trial of suits or cases arisin3 out of an la& in force in an
autono!ous district or re3ion bein3 a la& specified in that behalf b the =o4ernor, or for the trial
of offences punishable &ith death, transportation for life, or i!prison!ent for a ter! of not less
than fi4e ears under the Indian %enal *ode or under an other la& for the ti!e bein3 applicable
to such district or re3ion, confer on the ?istrict *ouncil or the )e3ional *ouncil ha4in3 authorit
o4er such district or re3ion or on courts constituted b such ?istrict *ouncil or on an officer
appointed in that behalf b the =o4ernor, such po&ers under the *ode of *i4il %rocedure, 1-1:,
or, as the case !a be, the *ode of *ri!inal %rocedure, 1:-:1, as he dee!s appropriate, and
thereupon the said *ouncil, court or officer shall tr the suits, cases or offences in e+ercise of the
po&ers so conferred.
(2) The =o4ernor !a &ithdra& or !odif an of the po&ers conferred on a ?istrict *ouncil,
)e3ional *ouncil, court or officer under sub-para3raph (1) of this para3raph.
(3) Sa4e as e+pressl pro4ided in this para3raph, the *ode of *i4il %rocedure, 1-1:, and the
*ode of *ri!inal %rocedure, 1:-:1, shall not appl to the trial of an suits, cases or offences in
an autono!ous district or in an autono!ous re3ion to &hich the pro4isions of this para3raph
appl.
(2) Bn and fro! the date appointed b the %resident under sub-para3raph (/) of para3raph 2 in
relation to an autono!ous district or autono!ous re3ion, nothin3 contained in this para3raph
shall, in its application to that district or re3ion, be dee!ed to authorise the =o4ernor to confer on
the ?istrict *ouncil or )e3ional *ouncil or on courts constituted b the ?istrict *ouncil an of the
po&ers referred to in sub-para3raph (1) of this para3raph.
0. %o&ers of the ?istrict *ouncil to establish pri!ar schools, etc.;
(1) The ?istrict *ouncil for an autono!ous district !a establish, construct, or !ana3e pri!ar
schools, dispensaries, !ar'ets, cattle pounds, ferries, fisheries, roads, road transport and
&ater&as in the district and !a, &ith the pre4ious appro4al of the =o4ernor, !a'e re3ulations
for the re3ulation and control thereof and, in particular, !a prescribe the lan3ua3e and the
!anner in &hich pri!ar education shall be i!parted in the pri!ar schools in the district.
(2) The =o4ernor !a, &ith the consent of an ?istrict *ouncil, entrust either conditionall or
unconditionall to that *ouncil or to its officers functions in relation to a3riculture, ani!al
husbandr, co!!unit proAects, co-operati4e societies, social &elfare, 4illa3e plannin3 or an
other !atter to &hich the e+ecuti4e po&er of the State III e+tends.
.. ?istrict and )e3ional Funds.;
(1) There shall be constituted for each autono!ous district, a ?istrict Fund for each autono!ous
re3ion, a )e3ional Fund to &hich shall be credited all !ones recei4ed respecti4el b the ?istrict
*ouncil for that district and the )e3ional *ouncil for that re3ion in the course of the ad!inistration
of such district or re3ion, as the case !a be, in accordance &ith the pro4isions of this
*onstitution.
(2) The =o4ernor !a !a'e rules for the !ana3e!ent of the ?istrict Fund, or, as the case !a
be, the )e3ional Fund and for the procedure to be follo&ed in respect of pa!ent of !one into
the said Fund, the &ithdra&al of !ones therefro!, the custod of !ones therein and an other
!atter connected &ith or ancillar to the !atters aforesaid.
(3) The accounts of the ?istrict *ouncil or, as the case !a be, the )e3ional *ouncil shall be
'ept in such for! as the *o!ptroller and ,uditor-=eneral of India !a, &ith the appro4al of the
%resident, prescribe.
(2) The *o!ptroller and ,uditor-=eneral shall cause the accounts of the ?istrict and )e3ional
*ouncils to be audited in such !anner as he !a thin' fit, and the reports of the *o!ptroller and
,uditor =eneral relatin3 to such accounts shall be sub!itted to the =o4ernor &ho shall cause
the! to be laid before the *ouncil.
:. %o&ers to assess and collect land re4enue and to i!pose ta+es.;
(1) The )e3ional *ouncil for an autono!ous re3ion in respect of all lands &ithin such re3ion and
the ?istrict *ouncil for an autono!ous district in respect of all lands &ithin the district e+cept
those &hich are in the areas under the authorit of )e3ional *ouncils, if an, &ithin the district,
shall ha4e the po&er to assess and collect re4enue in respect of such lands in accordance &ith
the principles for the ti!e bein3 follo&ed b the =o4ern!ent of the State in assessin3 lands for
the purpose of land re4enue in the State 3enerall.
(2) The )e3ional *ouncil for an autono!ous re3ion in respect of areas &ithin such re3ion and the
?istrict *ouncil for an autono!ous district in respect of all areas in the district e+cept those &hich
are under the authorit of )e3ional *ouncils, if an, &ithin the district, shall ha4e po&er to le4
and collect ta+es on lands and buildin3s, and tolls on persons, resident &ithin such areas.
(3) The ?istrict *ouncil for an autono!ous district shall ha4e the po&er to le4 and collect all or
an of the follo&in3 ta+es &ithin such district, that is to sa;
(a) ta+es on professions, trades, callin3s and e!plo!ents"
(b) ta+es on ani!als, 4ehicles and boats"
(c) ta+es on the entr of 3oods into a !ar'et for sale therein, and tolls on passen3ers and 3oods
carried in ferries" and
(d) ta+es for the !aintenance of schools, dispensaries or roads.
(2) , )e3ional *ouncil or ?istrict *ouncil, as the case !a be, !a !a'e re3ulations to pro4ide
for le4 and collection of an of the ta+es specified in sub-para3raphs (2) and (3) of this
para3raph and e4er such re3ulation shall be sub!itted forth&ith to the =o4ernor and, until
assented to b hi!, shall ha4e no effect.
3-. 6icences or leases for the purpose of prospectin3 for, or e+traction of, !inerals.;
(1) Such share of the roalties accruin3 each ear fro! licences or leases for the purpose of
prospectin3 for, or the e+traction of, !inerals 3ranted b the =o4ern!ent of the State in respect
of an area &ithin an autono!ous district as !a be a3reed upon bet&een the =o4ern!ent of
the State and the ?istrict *ourt of such district shall be !ade o4er to that ?istrict *ouncil.
(2) If an dispute arises as to the share of such roalties to be !ade o4er to a ?istrict *ouncil, it
shall be referred to the =o4ernor for deter!ination and the a!ount deter!ined b the =o4ernor
in his discretion shall be dee!ed to be the a!ount paable under sub-para3raph (1) of this
para3raph to the ?istrict *ouncil and the decision of the =o4ernor shall be final.
311. %o&er of ?istrict *ouncil to !a'e re3ulations for the control of !one-lendin3 and tradin3 b
non-tribals.;
(1) The ?istrict *ouncil of an autono!ous district !a !a'e re3ulations for the re3ulation and
control of !one-lendin3 or tradin3 &ithin the district b persons other than Scheduled Tribes
resident in the district.
(2) In particular and &ithout preAudice to the 3eneralit of the fore3oin3 po&er, such re3ulations
!a;
(a) prescribe that no one e+cept the holder of a licence issued in that behalf shall carr on the
business of !one-lendin3"
(b) prescribe the !a+i!u! rate of interest &hich !a be char3ed or be reco4ered b a !one-
lender"
(c) pro4ide for the !aintenance of accounts b !one-lenders and for the inspection of such
accounts b officers appointed in that behalf b the ?istrict *ouncil"
(d) prescribe that no person &ho is not a !e!ber of the Scheduled Tribes resident in the district
shall carr on &holesale or retail business in an co!!odit e+cept under a licence issued in that
behalf b the ?istrict *ouncil$
%ro4ided that no re3ulations !a be !ade under this para3raph unless the are passed b a
!aAorit of not less than three-fourths of the total !e!bership of the ?istrict *ouncil$
%ro4ided further that it shall not be co!petent under an such re3ulations to refuse the 3rant of a
licence to a !one-lender or a trader &ho has been carrin3 on business &ithin the district since
before the ti!e of !a'in3 of such re3ulations.
(3) ,ll re3ulations !ade under this para3raph shall be sub!itted forth&ith to the =o4ernor and,
until assented to b hi!, shall ha4e no effect.
11. %ublication of la&s, rules and re3ulations !ade under the Schedule.;
,ll la&s, rules and re3ulations !ade under this Schedule b a ?istrict *ouncil or a )e3ional
*ouncil shall be published forth&ith in the Bfficial =a<ette of the State and shall on such
publication ha4e the force of la&.
112. ,pplication of ,cts of %arlia!ent and of the 6e3islature of the State of ,ssa! to autono!ous
districts and autono!ous re3ions in the State of ,ssa!.
(1) 9ot&ithstandin3 anthin3 in this *onstitution;
(a) no ,ct of the 6e3islature of the State of ,ssa! in respect of an of the !atters specified in
para3raph 3 of this Schedule as !atters &ith respect to &hich a ?istrict *ouncil or a )e3ional
*ouncil !a !a'e la&s, and no ,ct of the 6e3islature of the State of ,ssa! prohibitin3 or
restrictin3 the consu!ption of an non-distilled alcoholic li#uor shall appl to an autono!ous
district or autono!ous re3ion in the State unless in either case the ?istrict *ouncil for such
district or ha4in3 Aurisdiction o4er such re3ion b public notification so directs, and the ?istrict
*ouncil in 3i4in3 such direction &ith respect to an ,ct !a direct that the ,ct shall in its
application to such district or re3ion or an part thereof ha4e effect subAect to such e+ceptions or
!odifications as it thin's fit"
(b) the =o4ernor !a, b public notification, direct that an ,ct of %arlia!ent or of the 6e3islature
of the State of ,ssa! to &hich the pro4isions of clause (a) of this sub-para3raph do not appl
shall not appl to an autono!ous district or an autono!ous re3ion in that State, or shall appl to
such district or re3ion or an part thereof subAect to such e+ceptions or !odifications as he !a
specif in the notification.
(2) ,n direction 3i4en under sub-para3raph (1) of this para3raph !a be 3i4en so as to ha4e
retrospecti4e effect.
12,. ,pplication of ,cts of %arlia!ent and of the 6e3islature of the State of @e3halaa to
autono!ous districts and autono!ous re3ions in the State of @e3halaa.;
9ot&ithstandin3 anthin3 in this *onstitution,;
(a) if an pro4ision of a la& !ade b a ?istrict or )e3ional *ouncil in the State of @e3halaa &ith
respect to an !atter specified in sub-para3raph (1) of para3raph 3 of this Schedule or if an
pro4ision of an re3ulation !ade b a ?istrict *ouncil or a )e3ional *ouncil in that State under
para3raph : or para3raph 11 of this Schedule, is repu3nant to an pro4ision of a la& !ade b the
6e3islature of the State of @e3halaa &ith respect to that !atter, then, the la& or re3ulation !ade
b the ?istrict *ouncil or, as the case !a be, the )e3ional *ouncil &hether !ade before or after
the la& !ade b the 6e3islature of the State of @e3halaa, shall, to the e+tent of repu3nanc, be
4oid and the la& !ade b the 6e3islature of the State of @e3halaa shall pre4ail"
(b) the %resident !a, &ith respect to an ,ct of %arlia!ent, b notification, direct that it shall not
appl to an autono!ous district or an autono!ous re3ion in the State of @e3halaa, or shall
appl to such district or re3ion or an part thereof subAect to such e+ceptions or !odifications as
he !a specif in the notification and an such direction !a be 3i4en so as to ha4e retrospecti4e
effect.
12,,. ,pplication of ,cts of %arlia!ent and of the 6e3islature of the State of Tripura to the
autono!ous district and autono!ous re3ions in the State of Tripura.;
9ot&ithstandin3 anthin3 in this *onstitution;
(a) no ,ct of the 6e3islature of the State of Tripura in respect of an of the !atters specified in
para3raph 3 of this Schedule as !atters &ith respect to &hich a ?istrict *ouncil or a )e3ional
*ouncil !a !a'e la&s, and no ,ct of the 6e3islature of the State of Tripura prohibitin3 or
restrictin3 the consu!ption of an non-distilled alcoholic li#uor shall appl to the autono!ous
district or an autono!ous re3ion in that State unless, in either case, the ?istrict *ouncil for that
district or ha4in3 Aurisdiction o4er such re3ion b public notification so directs, and the ?istrict
*ouncil in 3i4in3 such direction &ith respect to an ,ct direct that the ,ct shall, in its application to
that district or such re3ion or an part thereof, ha4e effect subAect to such e+ceptions or
!odifications as it thin's fit"
(b) the =o4ernor !a, b public notification, direct that an ,ct of the 6e3islature of the State of
Tripura to &hich the pro4isions of clause (a) of this sub-para3raph do not appl, shall not appl to
the autono!ous district or an autono!ous re3ion in that State, or shall appl to that district or
such re3ion, or an part thereof, subAect to such e+ceptions or !odifications, as he !a specif in
the notification"
(c) the %resident !a, &ith respect to an ,ct of %arlia!ent, b notification, direct that it shall not
appl to the autono!ous district or an autono!ous re3ion in the State of Tripura, or shall appl to
such district or re3ion or an part thereof, subAect to such e+ceptions or !odifications as he !a
specif in the notification and an such direction !a be 3i4en so as to ha4e retrospecti4e effect.
12B. ,pplication of ,cts of %arlia!ent and of the 6e3islature of the State of @i<ora! to
autono!ous districts and autono!ous re3ions in the State of @i<ora!.;
9ot&ithstandin3 anthin3 in this *onstitution,;
(a) no ,ct of the 6e3islature of the State of @i<ora! in respect of an of the !atters specified in
para3raph 3 of this Schedule as !atters &ith respect to &hich a ?istrict *ouncil or a )e3ional
*ouncil !a !a'e la&s, and no ,ct of 6e3islature of the State of @i<ora! prohibitin3 or
restrictin3 the consu!ption of an non-distilled alcoholic li#uor shall appl to an autono!ous
district or autono!ous re3ion in that State unless, in either case, the ?istrict *ouncil for such
district or ha4in3 Aurisdiction o4er such re3ion, b public notification, so directs, and the ?istrict
*ouncil, in 3i4in3 such direction &ith respect to an ,ct, !a direct that the ,ct shall, in its
application to such district or re3ion or an part thereof, ha4e effect subAect to such e+ceptions or
!odifications as it thin's fit"
(b) the =o4ernor !a, b public notification, direct that an ,ct of the 6e3islature of the State of
@i<ora! to &hich the pro4isions of clause (a) of this sub-para3raph do not appl, shall not appl
to an autono!ous district or an autono!ous re3ion in that State, or shall appl to such district or
re3ion, or an part thereof, subAect to such e+ceptions or !odifications, as he !a specif in the
notification"
(c) the %resident !a, &ith respect to an ,ct of %arlia!ent, b notification, direct that it shall not
appl to an autono!ous district or an autono!ous re3ion in the State of @i<ora!, or shall appl
to such district or re3ion or an part thereof, subAect to such e+ceptions or !odifications as he
!a specif in the notification and an such direction !a be 3i4en so as to ha4e retrospecti4e
effect.
13. 7sti!ated receipts and e+penditure pertainin3 to autono!ous districts to be sho&n separatel
in the annual financial state!ent.;
The esti!ated receipts and e+penditure pertainin3 to an autono!ous district &hich are to be
credited to, or is to be !ade fro!, the *onsolidated Fund of the State III shall be first placed
before the ?istrict *ouncil for discussion and then after such discussion be sho&n separatel in
the annual financial state!ent of the State to be laid before the 6e3islature of the State under
article 212.
12. ,ppoint!ent of *o!!ission to in#uire into and report on the ad!inistration of autono!ous
districts and autono!ous re3ions.;
(1) The =o4ernor !a at an ti!e appoint a *o!!ission to e+a!ine and report on an !atter
specified b hi! relatin3 to the ad!inistration of the autono!ous districts and autono!ous
re3ions in the State, includin3 !atters specified in clauses (c), (d), (e) and (f) of sub-para3raph
(3) of para3raph 1 of this Schedule, or !a appoint a *o!!ission to in#uire into and report fro!
ti!e to ti!e on the ad!inistration of autono!ous districts and autono!ous re3ions in the State
3enerall and in particular on;
(a) the pro4ision of educational and !edical facilities and co!!unications in such districts and
re3ions"
(b) the need for an ne& or special le3islation in respect of such districts and re3ions" and
(c) the ad!inistration of the la&s, rules and re3ulations !ade b the ?istrict and )e3ional
*ouncils"
and define the procedure to be follo&ed b such *o!!ission.
(2) The report of e4er such *o!!ission &ith the reco!!endations of the =o4ernor &ith respect
thereto shall be laid before the 6e3islature of the State b the @inister concerned to3ether &ith an
e+planator !e!orandu! re3ardin3 the action proposed to be ta'en thereon b the =o4ern!ent
of the State.
(3) In allocatin3 the business of the =o4ern!ent of the State a!on3 his @inisters the =o4ernor
!a place one of his @inisters speciall in char3e of the &elfare of the autono!ous districts and
autono!ous re3ions in the State.
1/. ,nnul!ent or suspension of acts and resolutions of ?istrict and )e3ional *ouncils.;
(1) If at an ti!e the =o4ernor is satisfied that an act or resolution of a ?istrict or a )e3ional
*ouncil is li'el to endan3er the safet of India or is li'el to be preAudicial to public order, he !a
annul or suspend such act or resolution and ta'e such steps as he !a consider necessar
(includin3 the suspension of the *ouncil and the assu!ption to hi!self of all or an of the po&ers
4ested in or e+ercisable b the *ouncil) to pre4ent the co!!ission or continuance of such act, or
the 3i4in3 of effect to such resolution.
(2) ,n order !ade b the =o4ernor under sub-para3raph (1) of this para3raph to3ether &ith the
reasons therefor shall be laid before the 6e3islature of the State as soon as possible and the
order shall, unless re4o'ed b the 6e3islature of the State, continue in force for a period of t&el4e
!onths fro! the date on &hich it &as so !ade$
%ro4ided that if and so often as a resolution appro4in3 the continuance in force of such order is
passed b the 6e3islature of the State, the order shall unless cancelled b the =o4ernor continue
in force for a further period of t&el4e !onths fro! the date on &hich under this para3raph it &ould
other&ise ha4e ceased to operate.
10. ?issolution of a ?istrict or a )e3ional *ouncil.;
(1) The =o4ernor !a on the reco!!endation of a *o!!ission appointed under para3raph 12 of
this Schedule b public notification order the dissolution of a ?istrict or a )e3ional *ouncil, and;
(a) direct that a fresh 3eneral election shall be held i!!ediatel for the reconstitution of the
*ouncil, or
(b) subAect to the pre4ious appro4al of the 6e3islature of the State assu!e the ad!inistration of
the area under the authorit of such *ouncil hi!self or place the ad!inistration of such area
under the *o!!ission appointed under the said para3raph or an other bod considered suitable
b hi! for a period not e+ceedin3 t&el4e !onths$
%ro4ided that &hen an order under clause (a) of this para3raph has been !ade, the =o4ernor
!a ta'e the action referred to in clause (b) of this para3raph &ith re3ard to the ad!inistration of
the area in #uestion pendin3 the reconstitution of the *ouncil on fresh 3eneral election$
%ro4ided further that no action shall be ta'en under clause (b) of this para3raph &ithout 3i4in3 the
?istrict or the )e3ional *ouncil, as the case !a be, an opportunit of placin3 its 4ie&s before
the 6e3islature of the State.
(2) If at an ti!e the =o4ernor is satisfied that a situation has arisen in &hich the ad!inistration of
an autono!ous district or re3ion cannot be carried on in accordance &ith the pro4isions of this
Schedule, he !a, b public notification assu!e to hi!self all or an of the functions or po&ers
4ested in or e+ercisable b the ?istrict *ouncil or, as the case !a be, the )e3ional *ouncil and
declare that such functions or po&ers shall be e+ercisable b such person or authorit as he !a
specif in this behalf, for a period not e+ceedin3 si+ !onths$
%ro4ided that the =o4ernor !a b a further order or orders e+tend the operation of the initial
order b a period not e+ceedin3 si+ !onths on each occasion.
(3) 74er order !ade under sub-para3raph (2) of this para3raph &ith the reasons therefor shall
be laid before the 6e3islature of the State and shall cease to operate at the e+piration of thirt
das fro! the date on &hich the State 6e3islature first sits after the issue of the orders, unless,
before the e+pir of that period it has been appro4ed b the State 6e3islature.
1.. 7+clusion of areas fro! autono!ous districts in for!in3 constituencies in such districts.;
For the purposes of elections to the 6e3islati4e ,sse!bl of ,ssa! or @e3halaa or Tripura or
@i<ora!, the =o4ernor !a b order declare that an area &ithin an autono!ous district in the
State of ,ssa! or @e3halaa or Tripura or @i<ora!, as the case !a be, shall not for! part of
an constituenc to fill a seat or seats in the ,sse!bl reser4ed for an such district but shall
for! part of a constituenc to fill a seat or seats in the ,sse!bl not so reser4ed to be specified in
the order.
III
1-. Transitional pro4isions.;
(1) ,s soon as possible after the co!!ence!ent of this *onstitution the =o4ernor shall ta'e
steps for the constitution of a ?istrict *ouncil for each autono!ous district in the State under this
Schedule and, until a ?istrict *ouncil is so constituted for an autono!ous district, the
ad!inistration of such district shall be 4ested in the =o4ernor and the follo&in3 pro4isions shall
appl to the ad!inistration of the areas &ithin such district instead of the fore3oin3 pro4isions of
this Schedule, na!el$;
(a) no ,ct of %arlia!ent or of the 6e3islature of the State shall appl to an such area unless the
=o4ernor b public notification so directs" and the =o4ernor in 3i4in3 such a direction &ith respect
to an ,ct !a direct that the ,ct shall, in its application to the area or to an specified part
thereof, ha4e effect subAect to such e+ceptions or !odifications as he thin's fit"
(b) the =o4ernor !a !a'e re3ulations for the peace and 3ood 3o4ern!ent of an such area and
an re3ulations so !ade !a repeal or a!end an ,ct of %arlia!ent or of the 6e3islature of the
State or an e+istin3 la& &hich is for the ti!e bein3 applicable to such area.
(2) ,n direction 3i4en b the =o4ernor under clause (a) of sub-para3raph (1) of this para3raph
!a be 3i4en so as to ha4e retrospecti4e effect.
(3) ,ll re3ulations !ade under clause (b) of sub-para3raph (1) of this para3raph shall be
sub!itted forth&ith to the %resident and, until assented to b hi!, shall ha4e no effect.
21. Tribal areas.;
(1) The areas specified in %arts I, II ,II, and III of the table belo& shall respecti4el be the tribal
areas &ithin the State of ,ssa!, the State of @e3halaa , the State of Tripura and the State of
@i<ora!.
(2) ,n reference in %art I, %art II or %art III of the table belo& to an district shall be construed as
a reference to the territories co!prised &ithin the autono!ous district of that na!e e+istin3
i!!ediatel before the da appointed under clause (b) of section 2 of the 9orth-7astern ,reas
()eor3anisation) ,ct, 1-.1$
%ro4ided that for the purposes of clauses (e) and (f) of sub-para3raph (1) of para3raph 3,
para3raph 2, para3raph /, para3raph 0, sub-para3raph (2), clauses (a), (b), and (d) of sub-
para3raph (3) and sub-para3raph (2) of para3raph : and clause (d) of sub-para3raph (2) of
para3raph 11 of this Schedule, no part of the area co!prised &ithin the !unicipalit of Shillon3
shall be dee!ed to be &ithin the Ehasi 5ills ?istrict.
(3) The reference in %art II, in the table belo& to the ;Tripura Tribal ,reas ?istrict; shall be
construed as a reference to the territor co!prisin3 the tribal areas specified in the First Schedule
to the Tripura Tribal ,reas ,utono!ous ?istrict *ouncil ,ct, 1-.-.
T,B67
%,)T I
1. The 9orth *achar 5ills ?istrict.
2. The Earbi ,n3lon3 ?istrict.
%,)T II
1. Ehasi 5ills ?istrict.
2. >aintia 5ills ?istrict.
3. The =aro 5ills ?istrict.
%,)T II,
Tripura Tribal ,reas ?istrict.
%,)T III
III
1. The *ha'!a ?istrict.
2. The @ara ?istrict.
3. The 6ai ?istrict.
21,. ?issolution of the @i<o ?istrict *ouncil.;
(1) 9ot&ithstandin3 anthin3 in this Schedule, the ?istrict *ouncil of the @i<o ?istrict e+istin3
i!!ediatel before the prescribed date (hereinafter referred to as the @i<o ?istrict *ouncil) shall
stand dissol4ed and cease to e+ist.
(2) The ,d!inistrator of the Union territor of @i<ora! !a, b one or !ore orders, pro4ide for all
or an of the follo&in3 !atters, na!el$;
(a) the transfer, in &hole or in part, of the assets, ri3hts and liabilities of the @i<o ?istrict *ouncil
(includin3 the ri3hts and liabilities under an contract !ade b it) to the Union or to an other
authorit"
(b) the substitution of the Union or an other authorit for the @i<o ?istrict *ouncil, or the addition
of the Union or an other authorit, as a part to an le3al proceedin3s to &hich the @i<o ?istrict
*ouncil is a part"
(c) the transfer or re-e!plo!ent of an e!ploees of the @i<o ?istrict *ouncil to or b the Union
or an other authorit, the ter!s and conditions of ser4ice applicable to such e!ploees after
such transfer or re-e!plo!ent"
(d) the continuance of an la&s, !ade b the @i<o ?istrict *ouncil and in force i!!ediatel
before its dissolution, subAect to such adaptations and !odifications, &hether b &a of repeal or
a!end!ent, as the ,d!inistrator !a !a'e in this behalf, until such la&s are altered, repealed or
a!ended b a co!petent 6e3islature or other co!petent authorit"
(e) such incidental, conse#uential and supple!entar !atters as the ,d!inistrator considers
necessar.
7+planation.;In this para3raph and in para3raph 21B of this Schedule, the e+pression ;
prescribed date; !eans the date on &hich the 6e3islati4e ,sse!bl of the Union territor of
@i<ora! is dul constituted under and in accordance &ith the pro4isions of the =o4ern!ent of
Union Territories ,ct, 1-03.
21B. ,utono!ous re3ions in the Union territor of @i<ora! to be autono!ous districts and
transitor pro4isions conse#uent thereto.;
(1) 9ot&ithstandin3 anthin3 in this Schedule,;
(a) e4er autono!ous re3ion e+istin3 i!!ediatel before the prescribed date in the Union
territor of @i<ora! shall, on and fro! that date, be an autono!ous district in that Union territor
(hereafter referred to as the correspondin3 ne& district) and the ,d!inistrator thereof !a, b
one or !ore orders, direct that such conse#uential a!end!ents as are necessar to 3i4e effect
to the pro4isions of this clause shall be !ade in para3raph 21 of this Schedule (includin3 %art III
of the table appended to that para3raph) and thereupon the said para3raph and the said %art III
shall be dee!ed to ha4e been a!ended accordin3l"
(b) e4er )e3ional *ouncil of an autono!ous re3ion in the Union territor of @i<ora! e+istin3
i!!ediatel before the prescribed date (hereafter referred to as the e+istin3 )e3ional *ouncil)
shall, on and fro! that date and until a ?istrict *ouncil is dul constituted for the correspondin3
ne& district, be dee!ed to be the ?istrict *ouncil of that district (hereafter referred to as the
correspondin3 ne& ?istrict *ouncil).
(2) 74er !e!ber &hether elected or no!inated of an e+istin3 )e3ional *ouncil shall be dee!ed
to ha4e been elected or, as the case !a be, no!inated to the correspondin3 ne& ?istrict
*ouncil and shall hold office until a ?istrict *ouncil is dul constituted for the correspondin3 ne&
district under this Schedule.
(3) Until rules are !ade under sub-para3raph (.) of para3raph 2 and sub-para3raph (2) of
para3raph 2 of this Schedule b the correspondin3 ne& ?istrict *ouncil, the rules !ade under the
said pro4isions b the e+istin3 )e3ional *ouncil and in force i!!ediatel before the prescribed
date shall ha4e effect in relation to the correspondin3 ne& ?istrict *ouncil subAect to such
adaptations and !odifications as !a be !ade therein b the ,d!inistrator of the Union territor
of @i<ora!.
(2) The ,d!inistrator of the Union territor of @i<ora! !a, b one or !ore orders, pro4ide for all
or an of the follo&in3 !atters, na!el$;
(a) the transfer in &hole or in part of the assets, ri3hts and liabilities of the e+istin3 )e3ional
*ouncil (includin3 the ri3hts and liabilities under an contract !ade b it) to the correspondin3
ne& ?istrict *ouncil"
(b) the substitution of the correspondin3 ne& ?istrict *ouncil for the e+istin3 )e3ional *ouncil as
a part to the le3al proceedin3s to &hich the e+istin3 )e3ional *ouncil is a part"
(c) the transfer or re-e!plo!ent of an e!ploees of the e+istin3 )e3ional *ouncil to or b the
correspondin3 ne& ?istrict *ouncil, the ter!s and conditions of ser4ice applicable to such
e!ploees after such transfer or re-e!plo!ent"
(d) the continuance of an la&s !ade b the e+istin3 )e3ional *ouncil and in force i!!ediatel
before the prescribed date, subAect to such adaptations and !odifications, &hether b &a of
repeal or a!end!ent, as the ,d!inistrator !a !a'e in this behalf until such la&s are altered,
repealed or a!ended b a co!petent 6e3islature or other co!petent authorit"
(e) such incidental, conse#uential and supple!entar !atters as the ,d!inistrator considers
necessar.
21*. Interpretation.;
SubAect to an pro4ision !ade in this behalf, the pro4isions of this Schedule shall, in their
application to the Union territor of @i<ora!, ha4e effect;
(1) as if references to the =o4ernor and =o4ern!ent of the State &ere references to the
,d!inistrator of the Union territor appointed under article 23-, references to State (e+cept in the
e+pression ;=o4ern!ent of the State;) &ere references to the Union territor of @i<ora! and
references to the State 6e3islature &ere references to the 6e3islati4e ,sse!bl of the Union
territor of @i<ora!"
(2) as if;
(a) in sub-para3raph (/) of para3raph 2, the pro4ision for consultation &ith the =o4ern!ent of the
State concerned had been o!itted"
(b) in sub-para3raph (2) of para3raph 0, for the &ords ;to &hich the e+ecuti4e po&er of the State
e+tends;, the &ords ;&ith respect to &hich the 6e3islati4e ,sse!bl of the Union territor of
@i<ora! has po&er to !a'e la&s; had been substituted"
(c) in para3raph 13, the &ords and fi3ures ;under article 212; had been o!itted.
21. ,!end!ent of the Schedule.;
(1) %arlia!ent !a fro! ti!e to ti!e b la& a!end b &a of addition, 4ariation or repeal an of
the pro4isions of this Schedule and, &hen the Schedule is so a!ended, an reference to this
Schedule in this *onstitution shall be construed as a reference to such Schedule as so
a!ended.
(2) 9o such la& as is !entioned in sub-para3raph (1) of this para3raph shall be dee!ed to be an
a!end!ent of this *onstitution for the purposes of article 30:.
SE>ENTH SCHEDU-E
(,rticle 220)
-i!t IBUnion -i!t
1. ?efence of India and e4er part thereof includin3 preparation for defence and all such acts as
!a be conduci4e in ti!es of &ar to its prosecution and after its ter!ination of effecti4e
de!obilisation.
2. 9a4al, !ilitar and air forces" an other ar!ed forces of the Union.
2,. ?eplo!ent of an ar!ed force of the Union or an other force subAect to the control of the
Union or an contin3ent or unit thereof in an State in aid of the ci4il po&er" po&ers, Aurisdiction,
pri4ile3es and liabilities of the !e!bers of such forces &hile on such deplo!ent.
3. ?eli!itation of canton!ent areas, local self-3o4ern!ent in such areas, the constitution and
po&ers &ithin such areas of canton!ent authorities and the re3ulation of house acco!!odation
(includin3 the control of rents) in such areas.
2. 9a4al, !ilitar and air force &or's.
/. ,r!s, firear!s, a!!unition and e+plosi4es.
0. ,to!ic ener3 and !ineral resources necessar for its production.
.. Industries declared b %arlia!ent b la& to be necessar for the purpose of defence or for the
prosecution of &ar.
:. *entral Bureau of Intelli3ence and In4esti3ation.
-. %re4enti4e detention for reasons connected &ith ?efence, Forei3n ,ffairs, or the securit of
India" persons subAected to such detention.
11. Forei3n affairs" all !atters &hich brin3 the Union into relation &ith an forei3n countr.
11. ?iplo!atic, consular and trade representation.
12. United 9ations Br3anisation.
13. %articipation in international conferences, associations and other bodies and i!ple!entin3 of
decisions !ade thereat.
12. 7nterin3 into treaties and a3ree!ents &ith forei3n countries and i!ple!entin3 of treaties,
a3ree!ents and con4entions &ith forei3n countries.
1/. Dar and peace.
10. Forei3n Aurisdiction.
1.. *iti<enship, naturalisation and aliens.
1:. 7+tradition.
1-. ,d!ission into, and e!i3ration and e+pulsion fro!, India" passports and 4isas.
21. %il3ri!a3es to places outside India.
21. %iracies and cri!es co!!itted on the hi3h seas or in the air" offences a3ainst the la& of
nations co!!itted on land or the hi3h seas or in the air.
22. )ail&as.
23. 5i3h&as declared b or under la& !ade b %arlia!ent to be national hi3h&as.
22. Shippin3 and na4i3ation on inland &ater&as, declared b %arlia!ent b la& to be national
&ater&as, as re3ards !echanicall propelled 4essels" the rule of the road on such &ater&as.
2/. @ariti!e shippin3 and na4i3ation, includin3 shippin3 and na4i3ation on tidal &aters" pro4ision
of education and trainin3 for the !ercantile !arine and re3ulation of such education and trainin3
pro4ided b States and other a3encies.
20. 6i3hthouses, includin3 li3htships, beacons and other pro4isions for the safet of shippin3 and
aircraft.
2.. %orts declared b or under la& !ade b %arlia!ent or e+istin3 la& to be !aAor ports,
includin3 their deli!itation and the constitution and po&ers of port authorities therein.
2:. %ort #uarantine, includin3 hospitals connected there&ith" sea!en;s and !arine hospitals.
2-. ,ir&as" aircraft and air na4i3ation" pro4ision of aerodro!es" re3ulation and or3anisation of
air traffic and of aerodro!es" pro4ision for aeronautical education and trainin3 and re3ulation of
such education and trainin3 pro4ided b States and other a3encies.
31. *arria3e of passen3ers and 3oods b rail&a, sea or air, or b national &ater&as in
!echanicall propelled 4essels.
31. %osts and tele3raphs" telephones, &ireless, broadcastin3 and other li'e for!s of
co!!unication.
32. %ropert of the Union and the re4enue therefro!, but as re3ards propert situated in a State
III subAect to le3islation b the State, sa4e in so far as %arlia!ent b la& other&ise pro4ides.
III
32. *ourts of &ards for the estates of )ulers of Indian States.
3/. %ublic debt of the Union.
30. *urrenc, coina3e and le3al tender" forei3n e+chan3e.
3.. Forei3n loans.
3:. )eser4e Ban' of India.
3-. %ost Bffice Sa4in3s Ban'.
21. 6otteries or3anised b the =o4ern!ent of India or the =o4ern!ent of a State.
21. Trade and co!!erce &ith forei3n countries" i!port and e+port across custo!s frontiers"
definition of custo!s frontiers.
22. Inter-State trade and co!!erce.
23. Incorporation, re3ulation and &indin3 up of tradin3 corporations, includin3 ban'in3, insurance
and financial corporations but not includin3 co-operati4e societies.
22. Incorporation, re3ulation and &indin3 up of corporations, &hether tradin3 or not, &ith obAects
not confined to one State, but not includin3 uni4ersities.
2/. Ban'in3.
20. Bills of e+chan3e, che#ues, pro!issor notes and other li'e instru!ents.
2.. Insurance.
2:. Stoc' e+chan3es and futures !ar'ets.
2-. %atents, in4entions and desi3ns" copri3ht" trade-!ar's and !erchandise !ar's.
/1. 7stablish!ent of standards of &ei3ht and !easure.
/1. 7stablish!ent of standards of #ualit for 3oods to be e+ported out of India or transported fro!
one State to another.
/2. Industries, the control of &hich b the Union is declared b %arlia!ent b la& to be e+pedient
in the public interest.
/3. )e3ulation and de4elop!ent of oil fields and !ineral oil resources" petroleu! and petroleu!
products" other li#uids and substances declared b %arlia!ent b la& to be dan3erousl
infla!!able.
/2. )e3ulation of !ines and !ineral de4elop!ent to the e+tent to &hich such re3ulation and
de4elop!ent under the control of the Union is declared b %arlia!ent b la& to be e+pedient in
the public interest.
//. )e3ulation of labour and safet in !ines and oilfields.
/0. )e3ulation and de4elop!ent of inter-State ri4ers and ri4er 4alles to the e+tent to &hich such
re3ulation and de4elop!ent under the control of the Union is declared b %arlia!ent b la& to be
e+pedient in the public interest.
/.. Fishin3 and fisheries beond territorial &aters.
/:. @anufacture, suppl and distribution of salt b Union a3encies, re3ulation and control of
!anufacture, suppl and distribution of salt b other a3encies.
/-. *ulti4ation, !anufacture, and sale for e+port, of opiu!.
01. Sanctionin3 of cine!ato3raph fil!s for e+hibition.
01. Industrial disputes concernin3 Union e!ploees.
02. The institutions 'no&n at the co!!ence!ent of this *onstitution as the 9ational 6ibrar, the
Indian @useu!, the I!perial Dar @useu!, the Fictoria @e!orial and the Indian Dar @e!orial,
and an other li'e institution financed b the =o4ern!ent of India &holl or in part and declared
b %arlia!ent b la& to be an institution of national i!portance.
03. The institutions 'no&n at the co!!ence!ent of this *onstitution as the Banaras 5indu
Uni4ersit, the ,li3arh @usli! Uni4ersit and the ?elhi Uni4ersit" the Uni4ersit established in
pursuance of article 3.17" an other institution declared b %arlia!ent b la& to be an institution
of national i!portance.
02. Institutions for scientific or technical education financed b the =o4ern!ent of India &holl or
in part and declared b %arlia!ent b la& to be institutions of national i!portance.
0/. Union a3encies and institutions for;
(a) professional, 4ocational or technical trainin3, includin3 the trainin3 of police officers" or
(b) the pro!otion of special studies or research" or
(c) scientific or technical assistance in the in4esti3ation or detection of cri!e.
00. *o-ordination and deter!ination of standards in institutions for hi3her education or research
and scientific and technical institutions.
0.. ,ncient and historical !onu!ents and records, and archaeolo3ical sites and re!ains,
declared b or under la& !ade b %arlia!ent to be of national i!portance.
0:. The Sur4e of India, the =eolo3ical, Botanical, Koolo3ical and ,nthropolo3ical Sur4es of
India" @eteorolo3ical or3anisations.
0-. *ensus.
.1. Union %ublic Ser4ices" ,ll-India Ser4ices" Union %ublic Ser4ice *o!!ission.
.1. Union pensions, that is to sa, pensions paable b the =o4ern!ent of India or out of the
*onsolidated Fund of India.
.2. 7lections to %arlia!ent, to the 6e3islatures of States and to the offices of %resident and Fice-
%resident" the 7lection *o!!ission.
.3. Salaries and allo&ances of !e!bers of %arlia!ent, the *hair!an and ?eput *hair!an of
the *ouncil of States and the Spea'er and ?eput Spea'er of the 5ouse of the %eople.
.2. %o&ers, pri4ile3es and i!!unities of each 5ouse of %arlia!ent and of the !e!bers and the
*o!!ittees of each 5ouse" enforce!ent of attendance of persons for 3i4in3 e4idence or
producin3 docu!ents before co!!ittees of %arlia!ent or co!!issions appointed b %arlia!ent.
./. 7!olu!ents, allo&ances, pri4ile3es, and ri3hts in respect of lea4e of absence, of the
%resident and =o4ernors" salaries and allo&ances of the @inisters for the Union" the salaries,
allo&ances, and ri3hts in respect of lea4e of absence and other conditions of ser4ice of the
*o!ptroller and ,uditor-=eneral.
.0. ,udit of the accounts of the Union and of the States.
... *onstitution, or3anisation, Aurisdiction and po&ers of the Supre!e *ourt (includin3 conte!pt
of such *ourt), and the fees ta'en therein" persons entitled to practise before the Supre!e
*ourt.
.:. *onstitution and Br3anisation (includin3 4acations) .of the 5i3h *ourts e+cept pro4isions as
to officers and ser4ants of 5i3h *ourts" persons entitled to practise before the 5i3h *ourts.
.-. 7+tension of the Aurisdiction of a 5i3h *ourt to, and e+clusion of the Aurisdiction of a 5i3h
*ourt fro!, an Union territor.
:1. 7+tension of the po&ers and Aurisdiction of !e!bers of a police force belon3in3 to an State
to an area outside that State, but not so as to enable the police of one State to e+ercise po&ers
and Aurisdiction in an area outside that State &ithout the consent of the =o4ern!ent of the State
in &hich such area is situated" e+tension of the po&ers and Aurisdiction of !e!bers of a police
force belon3in3 to an State to rail&a areas outside that State.
:1. Inter-State !i3ration" inter-State #uarantine.
:2. Ta+es on inco!e other than a3ricultural inco!e.
:3. ?uties of custo!s includin3 e+port duties.
:2. ?uties of e+cise on tobacco and other 3oods !anufactured or produced in India e+cept;
(a) alcoholic li#uors for hu!an consu!ption.
(b) opiu!, Indian he!p and other narcotic dru3s and narcotics, but includin3 !edicinal and toilet
preparations containin3 alcohol or an substance included in sub-para3raph (b) of this entr.
:/. *orporation ta+.
:0. Ta+es on the capital 4alue of the assets, e+clusi4e of a3ricultural land, of indi4iduals and
co!panies" ta+es on the capital of co!panies.
:.. 7state dut in respect of propert other than a3ricultural land.
::. ?uties in respect of succession to propert other than a3ricultural land.
:-. Ter!inal ta+es on 3oods or passen3ers, carried b rail&a, sea or air" ta+es on rail&a fares
and frei3hts.
-1. Ta+es other than sta!p duties on transactions in stoc' e+chan3es and futures !ar'ets.
-1. )ates of sta!p dut in respect of bills of e+chan3e, che#ues, pro!issor notes, bills of ladin3,
letters of credit, policies of insurance, transfer of shares, debentures, pro+ies and receipts.
-2. Ta+es on the sale or purchase of ne&spapers and on ad4ertise!ents published therein.
-2,. Ta+es on the sale or purchase of 3oods other than ne&spapers, &here such sale or
purchase ta'es place in the course of inter-State trade or co!!erce.
-2B. Ta+es on the consi3n!ent of 3oods (&hether the consi3n!ent is to the person !a'in3 it or
to an other person), &here such consi3n!ent ta'es place in the course of inter-State trade or
co!!erce.
-3. Bffences a3ainst la&s &ith respect to an of the !atters in this 6ist.
-2. In#uiries, sur4es and statistics for the purpose of an of the !atters in this 6ist.
-/. >urisdiction and po&ers of all courts, e+cept the Supre!e *ourt, &ith respect to an of the
!atters in this 6ist" ad!iralt Aurisdiction.
-0. Fees in respect of an of the !atters in this 6ist, but not includin3 fees ta'en in an court.
-.. ,n other !atter not enu!erated in 6ist II or 6ist III includin3 an ta+ not !entioned in either
of those 6ists.
6ist II;State 6ist
1. %ublic order (but not includin3 the use of an na4al, !ilitar or ,ir force or an other ar!ed
force of the Union or of an other force subAect to the control of the Union or of an contin3ent or
unit thereof in aid of the ci4il po&er).
2. %olice (includin3 rail&a and 4illa3e police) subAect to the pro4isions of entr 2, of 6ist I.
3. III Bfficers and ser4ants of the 5i3h *ourt" procedure in rent and re4enue courts" fees ta'en in
all courts e+cept the Supre!e *ourt.
2. %risons, refor!atories, Borstal institutions and other institutions of a li'e nature, and persons
detained therein" arran3e!ents &ith other States for the use of prisons and other institutions.
/. 6ocal 3o4ern!ent, that is to sa, the constitution and po&ers of !unicipal corporations,
i!pro4e!ent trusts, district boards, !inin3 settle!ent authorities and other local authorities for
the purpose of local self-3o4ern!ent or 4illa3e ad!inistration.
0. %ublic health and sanitation" hospitals and dispensaries.
.. %il3ri!a3es, other than pil3ri!a3es to places outside India.
:. Into+icatin3 li#uors, that is to sa, the production, !anufacture, possession, transport,
purchase and sale of into+icatin3 li#uors.
-. )elief of the disabled and une!ploable.
11. Burials and burial 3rounds" cre!ations and cre!ation 3rounds.
III
12. 6ibraries, !useu!s and other si!ilar institutions controlled or financed b the State" ancient
and historical !onu!ents and records other than those declared b or under la& !ade b
%arlia!ent to be of national i!portance.
13. *o!!unications, that is to sa, roads, brid3es, ferries, and other !eans of co!!unication
not specified in 6ist I" !unicipal tra!&as" rope&as" inland &ater&as and traffic thereon
subAect to the pro4isions of 6ist I and 6ist III &ith re3ard to such &ater&as" 4ehicles other than
!echanicall propelled 4ehicles.
12. ,3riculture, includin3 a3ricultural education and research, protection a3ainst pests and
pre4ention of plant diseases.
1/. %reser4ation, protection and i!pro4e!ent of stoc' and pre4ention of ani!al diseases"
4eterinar trainin3 and practice.
10. %ounds and the pre4ention of cattle trespass.
1.. Dater, that is to sa, &ater supplies, irri3ation and canals, draina3e and e!ban'!ents, &ater
stora3e and &ater po&er subAect to the pro4isions of entr /0 of 6ist I.
1:. 6and, that is to sa, ri3ht in or o4er land, land tenures includin3 the relation of landlord and
tenant, and the collection of rents" transfer and alienation of a3ricultural land" land i!pro4e!ent
and a3ricultural loans" coloni<ation.
21. Fisheries.
22. *ourts of &ards subAect to the pro4isions of entr 32 of 6ist I" encu!bered and attached
estates.
23. )e3ulation of !ines and !ineral de4elop!ent subAect to the pro4isions of 6ist I &ith respect
to re3ulation and de4elop!ent under the control of the Union.
22. Industries subAect to the pro4isions of entries . and /2 of 6ist I.
2/. =as and 3as-&or's.
20. Trade and co!!erce &ithin the State subAect to the pro4isions of entr 33 of 6ist III.
2.. %roduction, suppl and distribution of 3oods subAect to the pro4isions of entr 33 of 6ist III.
2:. @ar'ets and fairs.
III
31. @one-lendin3 and !one-lenders" relief of a3ricultural indebtedness.
31. Inns and inn-'eepers.
32. Incorporation, re3ulation and &indin3 up of corporation, other than those specified in 6ist I,
and uni4ersities" unincorporated tradin3, literac, scientific, reli3ious and other societies and
associations" co-operati4e societies.
33. Theaters and dra!atic perfor!ances" cine!as subAect to the pro4isions of entr 01 of 6ist 1"
sports, entertain!ents and a!use!ents.
32. Bettin3 and 3a!blin3.
3/. Dor's, lands and buildin3s 4ested in or in the possession of the State.
III
3.. 7lections to the 6e3islature of the State subAect to the pro4isions of an la& !ade b
%arlia!ent.
3:. Salaries and allo&ances of !e!bers of the 6e3islature of the State, of the Spea'er and
?eput Spea'er of the 6e3islati4e ,sse!bl and, if there is a 6e3islati4e *ouncil, of the *hair!an
and ?eput *hair!an thereof.
3-. %o&ers, pri4ile3es and i!!unities of the 6e3islati4e ,sse!bl and of the !e!bers and the
co!!ittees thereof, and, if there is a 6e3islati4e *ouncil, of that *ouncil and of the !e!bers and
the co!!ittees thereof" enforce!ent of attendance of persons for 3i4in3 e4idence or producin3
docu!ents before co!!ittees of the 6e3islature of the State.
21. Salaries and allo&ances of @inisters for the State.
21. State public ser4ices" State %ublic Ser4ice *o!!ission.
22. State pensions, that is to sa, pensions paable b the State or out of the *onsolidated Fund
of the State.
23. %ublic debt of the State.
22. Treasure tro4e.
2/. 6and re4enue, includin3 the assess!ent and collection of re4enue, the !aintenance of land
records, sur4e for re4enue purposes and records of ri3hts, and alienation of re4enues.
20. Ta+es on a3ricultural inco!e.
2.. ?uties in respect of succession to a3ricultural land.
2:. 7state dut in respect of a3ricultural land.
2-. Ta+es on lands and buildin3s.
/1. Ta+es on !ineral ri3hts subAect to an li!itations i!posed b %arlia!ent b la& relatin3 to
!ineral de4elop!ent.
/1. ?uties of e+cise on the follo&in3 3oods !anufactured or produced in the State and
counter4ailin3 duties at the sa!e or lo&er rates on si!ilar 3oods !anufactured or produced
else&here in India$;
(a) alcoholic li#uors for hu!an consu!ption"
(b) opiu!, Indian he!p and other narcotic dru3s and narcotics" but not includin3 !edicinal and
toilet preparations containin3 alcohol or an substance included in sub-para3raph (b) of this
entr.
/2. Ta+es on the entr of 3oods into a local area for consu!ption, use or sale therein.
/3. Ta+es on the consu!ption or sale of electricit.
/2. Ta+es on the sale or purchase of 3oods other than ne&spapers, subAect to the pro4isions of
entr -2, of 6ist I.
//. Ta+es on ad4ertise!ents other than ad4ertise!ents published in the ne&spapers and
ad4ertise!ents broadcast b radio or tele4ision.
/0. Ta+es on 3oods and passen3ers carried b road or on inland &ater&as.
/.. Ta+es on 4ehicles, &hether !echanicall propelled or not, suitable for use on roads, includin3
tra!cars subAect to the pro4isions of entr 3/ of 6ist III.
/:. Ta+es on ani!als and boats.
/-. Tolls.
01. Ta+es on professions, trades, callin3s and e!plo!ents.
01. *apti4ation ta+es.
02. Ta+es on lu+uries, includin3 ta+es on entertain!ents, a!use!ents, bettin3 and 3a!blin3.
03. )ates of sta!p dut in respect of docu!ents other than those specified in the pro4isions of
6ist I &ith re3ard to rates of sta!p dut.
02. Bffences a3ainst la&s &ith respect to an of the !atters in this 6ist.
0/. >urisdiction and po&ers of all courts, e+cept the Supre!e *ourt, &ith respect to an of the
!atters in this 6ist.
00. Fees in respect of an of the !atters in this 6ist, but not includin3 fees ta'en in an court.
6ist III;*oncurrent 6ist
1. *ri!inal la&, includin3 all !atters included in the Indian %enal *ode at the co!!ence!ent of
this *onstitution but e+cludin3 offences a3ainst la&s &ith respect to an of the !atters specified
in 6ist I or 6ist II and e+cludin3 the use of na4al, !ilitar or air forces or an other ar!ed forces of
the Union in aid of the ci4il po&er.
2. *ri!inal procedure, includin3 all !atters included in the *ode of *ri!inal %rocedure at the
co!!ence!ent of this *onstitution.
3. %re4enti4e detention for reasons connected &ith the securit of a State, the !aintenance of
public order, or the !aintenance of supplies and ser4ices essential to the co!!unit" persons
subAected to such detention.
2. )e!o4al fro! one State to another State of prisoners, accused persons and persons
subAected to pre4enti4e detention for reasons specified in entr 3 of this 6ist.
/. @arria3e and di4orce" infants and !inors" adoption" &ills, intestac and succession" Aoint fa!il
and partition" all !atters in respect of &hich parties in Audicial proceedin3s &ere i!!ediatel
before the co!!ence!ent of this *onstitution subAect to their personal la&.
0. Transfer of propert other than a3ricultural land" re3istration of deeds and docu!ents.
.. *ontracts, includin3 partnership, a3enc, contracts of carria3e, and other special for!s of
contracts, but not includin3 contracts relatin3 to a3ricultural land.
:. ,ctionable &ron3s.
-. Ban'ruptc and insol4enc.
11. Trust and Trustees.
11. ,d!inistrators-3eneral and official trustees.
11,. ,d!inistration of Austice" constitution and or3anisation of all courts, e+cept the Supre!e
*ourt and the 5i3h *ourts.
12. 74idence and oaths" reco3nition of la&s, public acts and records, and Audicial proceedin3s.
13. *i4il procedure, includin3 all !atters included in the *ode of *i4il %rocedure at the
co!!ence!ent of this *onstitution, li!itation and arbitration.
12. *onte!pt of court, but not includin3 conte!pt of the Supre!e *ourt.
1/. Fa3ranc" no!adic and !i3rator tribes.
10. 6unac and !ental deficienc, includin3 places for the reception or treat!ent of lunatics and
!ental deficients.
1.. %re4ention of cruelt to ani!als.
1.,. Forests.
1.B. %rotection of &ild ani!als and birds.
1:. ,dulteration of foodstuffs and other 3oods.
1-. ?ru3s and poisons, subAect to the pro4isions of entr /- of 6ist I &ith respect to opiu!.
21. 7cono!ic and social plannin3.
21,. %opulation control and fa!il plannin3.
21. *o!!ercial and industrial !onopolies, co!bines and trusts.
22. Trade unions" industrial and labour disputes.
23. Social securit and social insurance" e!plo!ent and une!plo!ent.
22. Delfare of labour includin3 conditions of &or', pro4ident funds, e!ploers; liabilit,
&or'!en;s co!pensation, in4alidit and old a3e pensions and !aternit benefits.
2/. 7ducation, includin3 technical education, !edical education and uni4ersities, subAect to the
pro4isions of entries 03, 02, 0/ and 00 of 6ist I" 4ocational and technical trainin3 of labour.
20. 6e3al, !edical and other professions.
2.. )elief and rehabilitation of persons displaced fro! their ori3inal place of residence b reason
of the settin3 up of the ?o!inions of India and %a'istan.
2:. *harities and charitable institutions, charitable and reli3ious endo&!ents and reli3ious
institutions.
2-. %re4ention of the e+tension fro! one State to another of infectious or conta3ious diseases or
pests affectin3 !en, ani!als or plants.
31. Fital statistics includin3 re3istration of births and deaths.
31. %orts other than those declared b or under la& !ade b %arlia!ent or e+istin3 la& to be
!aAor ports.
32. Shippin3 and na4i3ation on inland &ater&as as re3ards !echanicall propelled 4essels, and
the rule of the road on such &ater&as, and the carria3e of passen3ers and 3oods on inland
&ater&as subAect to the pro4isions of 6ist I &ith respect to national &ater&as.
33. Trade and co!!erce in, and the production, suppl and distribution of,;
(a) the products of an industr &here the control of such industr b the Union is declared b
%arlia!ent b la& to be e+pedient in the public interest, and i!ported 3oods of the sa!e 'ind as
such products"
(b) foodstuffs, includin3 edible oilseeds and oils"
(c) cattle fodder, includin3 oilca'es and other concentrates"
(d) ra& cotton, &hether 3inned or un3inned, and cotton seed" and
(e) ra& Aute.
33,. Dei3hts and !easures e+cept establish!ent of standards.
32. %rice control.
3/. @echanicall propelled 4ehicles includin3 the principles on &hich ta+es on such 4ehicles are
to be le4ied.
30. Factories.
3.. Boilers.
3:. 7lectricit.
3-. 9e&spapers, boo's and printin3 presses.
21. ,rchaeolo3ical sites and re!ains other than those declared b or under la& !ade b
%arlia!ent to be of national i!portance.
21. *ustod, !ana3e!ent and disposal of propert (includin3 a3ricultural land) declared b la& to
be e4acuee propert.
22. ,c#uisition and re#uisitionin3 of propert.
23. )eco4er in a State of clai!s in respect of ta+es and other public de!ands, includin3 arrears
of land-re4enue and su!s reco4erable as such arrears, arisin3 outside that State.
22. Sta!p duties other than duties or fees collected b !eans of Audicial sta!ps, but not includin3
rates of sta!p dut.
2/. In#uiries and statistics for the purposes of an of the !atters specified in 6ist II or 6ist III.
20. >urisdiction and po&ers of all courts, e+cept the Supre!e *ourt, &ith respect to an of the
!atters in this 6ist.
2.. Fees in respect of an of the !atters in this 6ist, but not includin3 fees ta'en in an court.
EI;HTH SCHEDU-E
(,rticles 322(1) and 3/1
6an3ua3es
1. ,ssa!ese.
2. Ben3ali.
3. =uAarati.
2. 5indi.
/. Eannada.
0. Eash!iri.
.. Eon'ani.
:. @alaala!.
-. @anipuri.
11. @arathi.
11. 9epali.
12. Bria.
13. %unAabi.
12. Sans'rit.
1/. Sindhi.
10. Ta!il.
1.. Telu3u.
1:. Urdu.
NINTH SCHEDU-E
(,rticle 31B)
1. The Bihar 6and )efor!s ,ct, 1-/1 (Bihar ,ct HHH of 1-/1).
2 The Bo!ba Tenanc and ,3ricultural 6ands ,ct, 1-2: (Bo!ba ,ct 6HFII of 1-2:).
3. The Bo!ba @ale'i Tenure ,bolition ,ct, 1-2- (Bo!ba ,ct 6HI of 1-2-).
2. The Bo!ba Talu#dari Tenure ,bolition ,ct, 1-2- (Bo!ba ,ct 6HII of 1-2-).
/. The %anch @ahals, @eh&assi Tenure ,bolition ,ct, 1-2- (Bo!ba ,ct 6HIII of 1-2-).
0. The Bo!ba Ehoti ,bolition ,ct, 1-/1 (Bo!ba ,ct FI of 1-/1).
.. The Bo!ba %ara3ana and Eul'arni Datan ,bolition ,ct, 1-/1 (Bo!ba ,ct 6H of 1-/1).
:. The @adha %radesh ,bolition of %roprietar )i3hts (7states, @ahals, ,lienated 6ands) ,ct,
1-/1 (@adha %radesh ,ct 1 of 1-/1).
-. The @adras 7states (,bolition and *on4ersion into )ot&ari) ,ct, 1-2: (@adras ,ct HHFI of
1-2:).
11. The @adras 7states (,bolition and *on4ersion into )ot&ari) ,!end!ent ,ct, 1-/1 (@adras
,ct 1 of 1-/1).
11. The Uttar %radesh Ka!indari ,bolition and 6and )efor!s ,ct, 1-/1 (Uttar %radesh ,ct 1 of
1-/1).
12. The 5derabad (,bolition of >a3irs) )e3ulation, 13/:F* (9o. 6HIH of 13/:, Fasli).
13. The 5derabad >a3irs (*o!!utation) )e3ulation, 13/-F* (9o. HHF of 13/-, Fasli).
12. The Bihar ?isplaced %ersons )ehabilitation (,c#uisition of 6and) ,ct, 1-/1 (Bihar ,ct HHHFIII
of 1-/1).
1/. The United %ro4inces 6and ,c#uisition ()ehabilitation of )efu3ees) ,ct, 1-2: (U.%. ,ct HHFI
of 1-2:).
10. The )esettle!ent of ?isplaced %ersons (6and ,c#uisition) ,ct, 1-2: (,ct 6H of 1-2:).
1.. Sections /2, to /2= of the Insurance ,ct, 1-3: (,ct IF of 1-3:), as inserted b section 22 of
the Insurance (,!end!ent) ,ct, 1-/1 (,ct H6FII of 1-/1).
1:. The )ail&a *o!panies (7!er3enc %ro4isions) ,ct, 1-/1 (,ct 6I of 1-/1).
1-. *hapter III, of the Industries (?e4elop!ent and )e3ulation) ,ct, 1-/1 (,ct 6HF of 1-/1), as
inserted b section 13 of the Industries (?e4elop!ent and )e3ulation) ,!end!ent ,ct, 1-/3 (,ct
HHFI of 1-/3).
21. The Dest Ben3al 6and ?e4elop!ent and %lannin3 ,ct, 1-2: (Dest Ben3al ,ct HHI of 1-2:),
as a!ended b Dest Ben3al ,ct HHIH of 1-/1.
21. The ,ndhra %radesh *eilin3 on ,3ricultural 5oldin3s ,ct, 1-01 (,ndhra %radesh ,ct H of
1-01).
22. The ,ndhra %radesh (Telan3ana ,rea) Tenanc and ,3ricultural 6ands (Falidation) ,ct, 1-01
(,ndhra %radesh ,ct HHI of 1-01).
23. The ,ndhra %radesh (Telan3ana ,rea) IAara and Eo&li 6and *ancellation of Irre3ular %attas
and ,bolition of *oncessional ,ssess!ent ,ct, 1-01 (,ndhra %radesh ,ct HHHFI of 1-01).
22. The ,ssa! State ,c#uisition of 6ands belon3in3 to )eli3ious or *haritable Institution of
%ublic 9ature ,ct, 1-/- (,ssa! ,ct IH of 1-01).
2/. The Bihar 6and )efor!s (,!end!ent) ,ct, 1-/3 (Bihar ,ct HH of 1-/2).
20. The Bihar 6and )efor!s (Fi+ation of *eilin3 ,rea and ,c#uisition of Surplus 6and) ,ct, 1-01
(Bihar ,ct HII of 1-02), (e+cept section 2: of this ,ct).
2.. The Bo!ba Talu#dari Tenure ,bolition (,!end!ent) ,ct, 1-/2 (Bo!ba ,ct 1 of 1-//).
2:. The Bo!ba Talu#dari Tenure ,bolition (,!end!ent) ,ct, 1-/. (Bo!ba ,ct HFIII of 1-/:
2-. The Bo!ba Ina!s (Eutch ,rea) ,bolition ,ct, 1-/: (Bo!ba ,ct H*FIII of 1-/:).
31. The Bo!ba Tenanc and ,3ricultural 6ands (=uAarat ,!end!ent) ,ct, 1-01 (=uAarat ,ct HFI
of 1-01).
31. The =uAarat ,3ricultural 6ands *eilin3 ,ct, 1-01 (=uAarat ,ct HHFI of 1-01).
32. The Sa3bara and @esh&assi 7states (%roprietar )i3hts ,bolition, etc.) )e3ulation, 1-02
(=uAarat )e3ulation 1 of 1-02).
33. The =uAarat Sur4i4in3 ,lienations ,bolition ,ct, 1-03 (=uAarat ,ct HHHIII of 1-03), e+cept in
so far as this ,ct relates to an alienation referred to in sub-clause (d) of clause (3) of section 2
thereof.
32. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) ,ct, 1-01 (@aharashtra ,ct HHFII
of 1-01).
3/. The 5derabad Tenanc and ,3ricultural 6ands ()e-enact!ent, Falidation and Further
,!end!ent) ,ct, 1-01 (@aharashtra ,ct H6F of 1-01).
30. The 5derabad Tenanc and ,3ricultural 6ands ,ct, 1-/1 (5derabad ,ct HHI of 1-/1).
3.. The >en!i'ara! %a!ent (,bolition) ,ct, 1-01 (Eerala ,ct III of 1-01).
3:. The Eerala 6and Ta+ ,ct, 1-01 (Eerala ,ct HIII of 1-01).
3-. The Eerala 6and )efor!s ,ct, 1-03 (Eerala ,ct 1 of 1-02).
21. The @adha %radesh 6and )e4enue *ode, 1-/- (@adha %radesh ,ct HH of 1-/-).
21. The @adha %radesh *eilin3 on ,3ricultural 5oldin3s ,ct, 1-01 (@adha %radesh ,ct HH of
1-01).
22. The @adras *ulti4atin3 Tenants %rotection ,ct, 1-// (@adras ,ct HHF of 1-//).
23. The @adras *ulti4atin3 Tenants (%a!ent of Fair )ent) ,ct, 1-/0 (@adras ,ct HHIF of 1-/0).
22. The @adras Bccupants of Eudiiruppu (%rotection fro! 74iction) ,ct, 1-01 (@adras ,ct
HHHFIII of 1-01).
2/. The @adras %ublic Trust ()e3ulation of ,d!inistration of ,3ricultural 6ands) ,ct, 1-01
(@adras ,ct 6FII of 1-01).
20. The @adras 6and )efor!s (Fi+ation of *eilin3 on 6and) ,ct, 1-01 (@adras ,ct 6FIII of 1-01).
2.. The @sore Tenanc ,ct, 1-/2 (@sore ,ct HIII of 1-/2).
2:. The *oor3 Tenants ,ct, 1-/. (@sore ,ct HIF of 1-/.).
2-. The @sore Filla3e Bffices ,bolition ,ct, 1-01 (@sore ,ct HIF of 1-01).
/1. The 5derabad Tenanc and ,3ricultural 6ands (Falidation) ,ct, 1-01 (@sore ,ct HHHFI of
1-01).
/1. The @sore 6and )efor!s ,ct, 1-01 (@sore ,ct H of 1-02).
/2. The Brissa 6and )efor!s ,ct, 1-01 (Brissa ,ct HFI of 1-01).
/3. The Brissa @er3ed Territories (Filla3e Bffices ,bolition) ,ct, 1-03 (Brissa ,ct H of 1-03).
/2. The %unAab Securit of 6and Tenures ,ct, 1-/3 (%unAab ,ct H of 1-/3).
//. The )aAasthan Tenanc ,ct, 1-// ()aAasthan ,ct III of 1-//).
/0. The )aAasthan Ka!indari and Bis&edari ,bolition ,ct, 1-/- ()aAasthan ,ct FIII of 1-/-).
/.. The Eu!aun and Uttara'hand Ka!indari ,bolition and 6and )efor!s ,ct, 1-01 (Uttar
%radesh ,ct HFII of 1-01).
/:. The Uttar %radesh I!position of *eilin3 on 6and 5oldin3s ,ct, 1-01 (Uttar %radesh ,ct I of
1-01).
/-. The Dest Ben3al 7states ,c#uisition ,ct, 1-/3 (Dest Ben3al ,ct 1 of 1-/2).
01. The Dest Ben3al 6and )efor!s ,ct, 1-// (Dest Ben3al ,ct H of 1-/0).
01. The ?elhi 6and )efor!s ,ct, 1-/2 (?elhi ,ct FIII of 1-/2).
02. The ?elhi 6and 5oldin3s (*eilin3) ,ct, 1-01 (*entral ,ct 22 of 1-01).
03. The @anipur 6and )e4enue and 6and )efor!s ,ct, 1-01 (*entral ,ct 33 of 1-01).
02. The Tripura 6and )e4enue and 6and )efor!s ,ct, 1-01 (*entral ,ct 23 of 1-01).
0/. The Eerala 6and )efor!s (,!end!ent) ,ct, 1-0- (Eerala ,ct 3/ of 1-0-).
00. The Eerala 6and )efor!s (,!end!ent) ,ct, 1-.1 (Eerala ,ct 2/ of 1-.1).
0.. The ,ndhra %radesh 6and )efor!s (*eilin3 on ,3ricultural 5oldin3s) ,ct, 1-.3 (,ndhra
%radesh ,ct I of 1-.3).
0:. The Bihar 6and )efor!s (Fi+ation of *eilin3 ,rea and ,c#uisition of Surplus 6and)
(,!end!ent) ,ct, 1-.2 (Bihar ,ct I of 1-.3).
0-. The Bihar 6and )efor!s (Fi+ation of *eilin3 ,rea and ,c#uisition of Surplus 6and)
(,!end!ent) ,ct, 1-.3 (Bihar ,ct IH of 1-.3).
.1. The Bihar 6and )efor!s (,!end!ent) ,ct, 1-.2 (Bihar ,ct F of 1-.2).
.1. The =uAarat ,3ricultural 6ands *eilin3 (,!end!ent) ,ct, 1-.2 (=uAarat ,ct 2 of 1-.2).
.2. The 5arana *eilin3 on 6and 5oldin3s ,ct, 1-.2 (5arana ,ct 20 of 1-.2).
.3. The 5i!achal %radesh *eilin3 on 6and 5oldin3s ,ct, 1-.2 (5i!achal %radesh ,ct 1- of
1-.3).
.2. The Eerala 6and )efor!s (,!end!ent) ,ct, 1-.2 (Eerala ,ct 1. of 1-.2).
./. The @adha %radesh *eilin3 on ,3ricultural 5oldin3s (,!end!ent) ,ct, 1-.2 (@adha
%radesh ,ct 12 of 1-.2).
.0. The @adha %radesh *eilin3 on ,3ricultural 5oldin3s (Second ,!end!ent) ,ct, 1-.2
(@adha %radesh ,ct 13 of 1-.2).
... The @sore 6and )efor!s (,!end!ent) ,ct, 1-.3 (Earnata'a ,ct I of 1-.2).
.:. The %unAab 6and )efor!s ,ct, 1-.2 (%unAab ,ct 11 of 1-.3).
.-. The )aAasthan I!position of *eilin3 on ,3ricultural 5oldin3s ,ct, 1-.3 ()aAasthan ,ct II of
1-.3).
:1. The =udalur >an!a! 7states (,bolition and *on4ersion into )ot&ari) ,ct, 1-0- (Ta!il 9adu
,ct 22 of 1-0-).
:1. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1-.2 (Dest Ben3al ,ct HHII of 1-.2).
:2. The Dest Ben3al 7states ,c#uisition (,!end!ent) ,ct, 1-02 (Dest Ben3al ,ct HHII of
1-02).
:3. The Dest Ben3al 7states ,c#uisition (Second ,!end!ent) ,ct, 1-.3 (Dest Ben3al ,ct
HHHIII of 1-.3).
:2. The Bo!ba Tenanc and ,3ricultural 6ands (=uAarat ,!end!ent) ,ct, 1-.2 (=uAarat ,ct /
of 1-.3).
:/. The Brissa 6and )efor!s (,!end!ent) ,ct, 1-.2 (Brissa ,ct - of 1-.2).
:0. The Tripura 6and )e4enue and 6and )efor!s (Second ,!end!ent) ,ct, 1-.2 (Tripura ,ct .
of 1-.2).
III
::. The Industries (?e4elop!ent and )e3ulation) ,ct, 1-/1 (*entral ,ct 0/ of 1-/1).
:-. The )e#uisitionin3 and ,c#uisition of I!!o4able %ropert ,ct, 1-/2 (*entral ,ct 31 of 1-/2).
-1. The @ines and @inerals ()e3ulations and ?e4elop!ent) ,ct, 1-/. (*entral ,ct 0. of 1-/.).
-1. The @onopolies and )estricti4e Trade %ractices ,ct, 1-0- (*entral ,ct /2 of 1-0-).
III
-3. The *o'in3 *oal @ines (7!er3enc %ro4isions) ,ct, 1-.1 (*entral ,ct 02 of 1-.1).
-2. The *o'in3 *oal @ines (9ationalisation) ,ct, 1-.2 (*entral ,ct 30 of 1-.2).
-/. The =eneral Insurance Business (9ationalisation) ,ct, 1-.2 (*entral ,ct /. of 1-.2).
-0. The Indian *opper *orporation (,c#uisition of Underta'in3) ,ct, 1-.2 (*entral ,ct /: of
1-.2).
-.. The Sic' Te+tile Underta'in3s (Ta'in3 B4er of @ana3e!ent) ,ct, 1-.2 (*entral ,ct .2 of
1-.2).
-:. The *oal @ines (Ta'in3 B4er of @ana3e!ent) ,ct, 1-.3 (*entral ,ct 1/ of 1-.3).
--. The *oal @ines (9ationalisation) ,ct, 1-.3 (*entral ,ct 20 of 1-.3).
111. The Forei3n 7+chan3e )e3ulation ,ct, 1-.3 (*entral ,ct 20 of 1-.3).
111. The ,lcoc' ,shdo&n *o!pan 6i!ited (,c#uisition of Underta'in3s) ,ct, 1-.3 (*entral ,ct
/0 of 1-.3).
112. The *oal @ines (*onser4ation and ?e4elop!ent) ,ct, 1-.2 (*entral ,ct 2: of 1-.2).
113. The ,dditional 7!olu!ents (*o!pulsor ?eposit) ,ct, 1-.2 (*entral ,ct 3. of 1-.2).
112. The *onser4ation of Forei3n 7+chan3e and %re4ention of S!u33lin3 ,cti4ities ,ct, 1-.2
(*entral ,ct /2 of 1-.2).
11/. The Sic' Te+tile Underta'in3s (9ationalisation) ,ct, 1-.2 (*entral ,ct /. of 1-.2).
110. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) (,!end!ent) ,ct, 1-02
(@aharashtra ,ct HFI of 1-0/).
11.. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) (,!end!ent) ,ct, 1-0/
(@aharashtra ,ct HHHII of 1-0/).
11:. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) (,!end!ent) ,ct, 1-0:
(@aharashtra ,ct HFI of 1-0:).
11-. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) (Second ,!end!ent) ,ct, 1-0:
(@aharashtra ,ct HHHIII of 1-0:).
111. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) ,!end!ent) ,ct, 1-0-
(@aharashtra ,ct HHHFII of 1-0-).
111. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) (Second ,!end!ent) ,ct, 1-0-
(@aharashtra ,ct HHHFIII of 1-0-).
112. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) (,!end!ent) ,ct, 1-.1
(@aharashtra ,ct HHFII of 1-.1.
113. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) (,!end!ent) ,ct, 1-.2
(@aharashtra ,ct HIII of 1-.2).
112. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) (,!end!ent) ,ct, 1-.3
(@aharashtra ,ct 6 of 1-.3).
11/. The Brissa 6and )efor!s (,!end!ent) ,ct, 1-0/ (Brissa ,ct 13 of 1-0/).
110. The Brissa 6and )efor!s (,!end!ent) ,ct, 1-00 (Brissa ,ct : of 1-0.).
11.. The Brissa 6and )efor!s (,!end!ent) ,ct, 1-0. (Brissa ,ct 13 of 1-0.).
11:. The Brissa 6and )efor!s (,!end!ent) ,ct, 1-0- (Brissa ,ct 13 of 1-0-).
11-. The Brissa 6and )efor!s (,!end!ent) ,ct, 1-.1 (Brissa ,ct 1: of 1-.1).
121. The Uttar %radesh I!position of *eilin3 on 6and 5oldin3s (,!end!ent) ,ct, 1-.2 (Uttar
%radesh ,ct 1: of 1-.3).
121. The Uttar %radesh I!position of *eilin3 on 6and 5oldin3s (,!end!ent) ,ct, 1-.2 (Uttar
%radesh ,ct 2 of 1-./).
122. The Tripura 6and )e4enue and 6and )efor!s (Third ,!end!ent) ,ct, 1-./ (Tripura ,ct 3
of 1-./).
123. The ?adra and 9a3ar 5a4eli 6and )efor!s )e3ulation, 1-.1 (3 of 1-.1).
122. The ?adra and 9a3ar 5a4eli 6and )efor!s (,!end!ent) )e3ulation, 1-.3 (/ of 1-.3).
12/. Section 00, and *hapter IF, of the @otor Fehicles ,ct, 1-3- (*entral ,ct 2 of 1-3-).
120. The 7ssential *o!!odities ,ct, 1-// (*entral ,ct 11 of 1-//).
12.. The S!u33lers and Forei3n 7+chan3e @anipulators (Forfeiture of %ropert) ,ct, 1-.0
(*entral ,ct 13 of 1-.0).
12:. The Bonded 6abour Sste! (,bolition) ,ct, 1-.0 (*entral ,ct 1- of 1-.0).
12-. The *onser4ation of Forei3n 7+chan3e and %re4ention of S!u33lin3 ,cti4ities
(,!end!ent) ,ct, 1-.0 (*entral ,ct 21 of 1-.0).
I I I
131. The 6e4 Su3ar %rice 7#ualisation Fund ,ct, 1-.0 (*entral ,ct 31 of 1-.0).
132. The Urban 6and (*eilin3 and )e3ulation) ,ct, 1-.0 (*entral ,ct 33 of 1-.0).
133. The ?epart!entalisation of Union ,ccounts (Transfer of %ersonnel) ,ct, 1-.0 (*entral ,ct
/- of 1-.0).
132. The ,ssa! Fi+ation of *eilin3 on 6and 5oldin3s ,ct, 1-/0 (,ssa! ,ct 1 of 1-/.).
13/. The Bo!ba Tenanc and ,3ricultural 6ands (Fidarbha )e3ion) ,ct, 1-/: (Bo!ba ,ct
H*IH of 1-/:).
130. The =uAarat %ri4ate Forests (,c#uisition) ,ct, 1-.2 (=uAarat ,ct 12 of 1-.3).
13.. The 5arana *eilin3 on 6and 5oldin3s (,!end!ent) ,ct, 1-.0 (5arana ,ct 1. of 1-.0).
13:. The 5i!achal %radesh Tenanc and 6and )efor!s ,ct, 1-.2 (5i!achal %radesh ,ct : of
1-.2).
13-. The 5i!achal %radesh Filla3e *o!!on 6ands Festin3 and Utili<ation ,ct, 1-.2 (5i!achal
%radesh ,ct 1: of 1-.2).
121. The Earnata'a 6and )efor!s (Second ,!end!ent and @iscellaneous %ro4isions) ,ct, 1-.2
(Earnata'a ,ct 31 of 1-.2).
121. The Earnata'a 6and )efor!s (Second ,!end!ent) ,ct, 1-.0 (Earnata'a ,ct 2. of 1-.0).
122. The Eerala %re4ention of 74iction ,ct, 1-00 (Eerala ,ct 12 of 1-00).
123. The Thiruppu4ara! %a!ent (,bolition) ,ct, 1-0- (Eerala ,ct 1- of 1-0-).
122. The Sreepada! 6ands 7nfranchise!ent ,ct, 1-0- (Eerala ,ct 21 of 1-0-).
12/. The Sree %andara4a'a 6ands (Festin3 and 7nfranchise!ent) ,ct, 1-.1 (Eerala ,ct 21 of
1-.1).
120. The Eerala %ri4ate Forests (Festin3 and ,ssi3n!ent) ,ct, 1-.1 (Eerala ,ct 20 of 1-.1).
12.. The Eerala ,3ricultural Dor'ers ,ct, 1-.2 (Eerala ,ct 1: of 1-.2).
12:. The Eerala *ashe& Factories (,c#uisition) ,ct, 1-.2 (Eerala ,ct 2- of 1-.2).
12-. The Eerala *hitties ,ct, 1-./ (Eerala ,ct 23 of 1-./).
1/1. The Eerala Scheduled Tribes ()estriction on Transfer of 6ands and )estoration of ,lienated
6ands) ,ct, 1-./ (Eerala ,ct 31 of 1-./).
1/1. The Eerala 6and )efor!s (,!end!ent) ,ct, 1-.0 (Eerala ,ct 1/ of 1-.0).
1/2. The Eana! Tenanc ,bolition ,ct, 1-.0 (Eerala ,ct 10 of 1-.0).
1/3. The @adha %radesh *eilin3 on ,3ricultural 5oldin3s (,!end!ent) ,ct, 1-.2 (@adha
%radesh ,ct 21 of 1-.2).
1/2. The @adha %radesh *eilin3 on ,3ricultural 5oldin3s (,!end!ent) ,ct, 1-./ (@adha
%radesh ,ct 2 of 1-.0).
1//. The Dest Ehandesh @esh&ari 7states (%roprietar )i3hts ,bolition, etc.) )e3ulation, 1-01
(@aharashtra )e3ulation 1 of 1-02).
1/0. The @aharashtra )estoration of 6ands to Scheduled Tribes ,ct, 1-.2 (@aharashtra ,ct HIF
of 1-./).
1/.. The @aharashtra ,3ricultural 6ands (6o&erin3 of *eilin3 on 5oldin3s) and (,!end!ent)
,ct, 1-.2 (@aharashtra ,ct HHI of 1-./).
1/:. The @aharashtra %ri4ate Forests (,c#uisition) ,ct, 1-./ (@aharashtra ,ct HHIH of 1-./).
1/-. The @aharashtra ,3ricultural 6ands (6o&erin3 of *eilin3 on 5oldin3s) and (,!end!ent)
,ct, 1-./ (@aharashtra ,ct H6FII of 1-./).
101. The @aharashtra ,3ricultural 6ands (*eilin3 on 5oldin3s) (,!end!ent) ,ct, 1-./
(@aharashtra ,ct II of 1-.0).
101. The Brissa 7states ,bolition ,ct, 1-/1 (Brissa ,ct I of 1-/2).
102. The )aAasthan *olonisation ,ct, 1-/2 ()aAasthan ,ct HHFII of 1-/2).
103. The )aAasthan 6and )efor!s and ,c#uisition of 6ando&ners; 7states ,ct, 1-03 ()aAasthan
,ct 11 of 1-02).
102. The )aAasthan I!position of *eilin3 on ,3ricultural 5oldin3s (,!end!ent) ,ct, 1-.0
()aAasthan ,ct : of 1-.0).
10/. The )aAasthan Tenanc (,!end!ent) ,ct, 1-.0 ()aAasthan ,ct 12 of 1-.0).
100. The Ta!il 9adu 6and )efor!s ()eduction of *eilin3 on 6and) ,ct, 1-.1 (Ta!il 9adu ,ct 1.
of 1-.1).
10.. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-.1 (Ta!il
9adu ,ct 21 of 1-.1).
10:. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-.2 (Ta!il
9adu ,ct 11 of 1-.2).
10-. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Second ,!end!ent ,ct, 1-.2
(Ta!il 9adu ,ct 21 of 1-.2).
1.1. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Third ,!end!ent ,ct, 1-.2
(Ta!il 9adu ,ct 3. of 1-.2).
1.1. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Fourth ,!end!ent ,ct, 1-.2
(Ta!il 9adu ,ct 3- of 1-.2).
1.2. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Si+th ,!end!ent ,ct, 1-.2,
(Ta!il 9adu ,ct . of 1-.2).
1.3. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Fifth ,!end!ent ,ct, 1-.2
(Ta!il 9adu ,ct 11 of 1-.2).
1.2. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-.2 (Ta!il
9adu ,ct 1/ of 1-.2).
1./. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Third ,!end!ent ,ct, 1-.2
(Ta!il 9adu ,ct 31 of 1-.2).
1.0. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Second ,!end!ent ,ct, 1-.2
(Ta!il 9adu ,ct 32 of 1-.2).
1... The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-./ (Ta!il
9adu ,ct 11 of 1-./).
1.:. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Second ,!end!ent ,ct, 1-./
(Ta!il 9adu ,ct 21 of 1-./).
1.-. ,!end!ents !ade to the Uttar %radesh Ka!indari ,bolition and 6and )efor!s ,ct, 1-/1
(Uttar %radesh ,ct I of 1-/1) b the Uttar %radesh 6and 6a&s (,!end!ent) ,ct, 1-.1 (Uttar
%radesh ,ct 21 of 1-.1) and the Uttar %radesh 6and 6a&s (,!end!ent) ,ct, 1-.2 (Uttar
%radesh ,ct 32 of 1-.2).
1:1. The Uttar %radesh I!position of *eilin3 on 6and 5oldin3s (,!end!ent) ,ct, 1-.0 (Uttar
%radesh ,ct 21 of 1-.0).
1:1. The Dest Ben3al 6and )efor!s (Second ,!end!ent) ,ct, 1-.2 (Dest Ben3al ,ct HHFIII of
1-.2).
1:2. The Dest Ben3al )estoration of ,lienated 6and ,ct, 1-.3 (Dest Ben3al ,ct HHIII of 1-.3).
1:3. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1-.2 (Dest Ben3al ,ct HHHIII of 1-.2).
1:2. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1-./ (Dest Ben3al ,ct HHIII of 1-./).
1:/. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1-.0 (Dest Ben3al ,ct HII of 1-.0).
1:0. The ?elhi 6and 5oldin3s (*eilin3) ,!end!ent ,ct, 1-.0 (*entral ,ct 1/ of 1-.0).
1:.. The =oa, ?a!an and ?iu @und'ars (%rotection fro! 74iction) ,ct, 1-./ (=oa, ?a!an and
?iu ,ct I of 1-.0).
1::. The %ondicherr 6and )efor!s (Fi+ation of *eilin3 on 6and) ,ct, 1-.3 (%ondicherr ,ct - of
1-.2).
1:-. The ,ssa! (Te!poraril Settled ,reas) Tenanc ,ct, 1-.1 (,ssa! ,ct HHIII of 1-.1).
1-1. The ,ssa! (Te!poraril Settled ,reas) Tenanc (,!end!ent) ,ct, 1-.2 (,ssa! ,ct HFIII of
1-.2).
1-1. The Bihar 6and )efor!s (Fi+ation of *eilin3 ,rea and ,c#uisition of Surplus 6and)
(,!end!ent) ,!endin3 ,ct, 1-.2 (Bihar ,ct 31 of 1-./).
1-2. The Bihar 6and )efor!s (Fi+ation of *eilin3 ,rea and ,c#uisition of Surplus 6and)
(,!end!ent) ,ct, 1-.0 (Bihar ,ct 22 of 1-.0).
1-3. The Bihar 6and )efor!s (Fi+ation of *eilin3 ,rea and ,c#uisition of Surplus 6and)
(,!end!ent) ,ct, 1-.: (Bihar ,ct FII of 1-.:).
1-2. The 6and ,c#uisition (Bihar ,!end!ent) ,ct, 1-.- (Bihar ,ct 2 of 1-:1).
1-/. The 5arana *eilin3 on 6and 5oldin3s (,!end!ent) ,ct, 1-.. (5arana ,ct 12 of 1-..).
1-0. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-.: (Ta!il
9adu ,ct 2/ of 1-.:).
1-.. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-.- (Ta!il
9adu ,ct 11 of 1-.-).
1-:. The Uttar %radesh Ka!indari ,bolition 6a&s (,!end!ent) ,ct, 1-.: (Uttar %radesh ,ct 1/
of 1-.:).
1--. The Dest Ben3al )estoration of ,lienated 6and (,!end!ent) ,ct, 1-.: (Dest Ben3al ,ct
HHIF of 1-.:).
211. The Dest Ben3al )estoration of ,lienated 6and (,!end!ent) ,ct, 1-:1 (Dest Ben3al ,ct
6FI of 1-:1).
211. The =oa, ?a!an and ?iu ,3ricultural Tenanc ,ct, 1-02 (=oa, ?a!an and ?iu ,ct . of
1-02).
212. The =oa, ?a!an and ?iu ,3ricultural Tenanc (Fifth ,!end!ent) ,ct, 1-.0 (=oa, ?a!an
and ?iu ,ct 1. of 1-.0).
213. The ,ndhra %radesh Scheduled ,reas 6and Transfer )e3ulation, 1-/- (,ndhra %radesh
)e3ulation I of 1-/-).
212. The ,ndhra %radesh Scheduled ,reas 6a&s (7+tension and ,!end!ent) )e3ulation, 1-03
(,ndhra %radesh )e3ulation 2 of 1-03).
21/. The ,ndhra %radesh Scheduled ,reas 6and Transfer (,!end!ent) )e3ulation, 1-.1
(,ndhra %radesh )e3ulation 1 of 1-.1).
210. The ,ndhra %radesh Scheduled ,reas 6and Transfer (,!end!ent) )e3ulation, 1-.1
(,ndhra %radesh )e3ulation 1 of 1-.1).
21.. The ,ndhra %radesh Scheduled ,reas 6and Transfer (,!end!ent) )e3ulation, 1-.:
(,ndhra %radesh )e3ulation 1 of 1-.:).
21:. The Bihar Tenanc ,ct, 1::/ (Bihar ,ct : of 1::/).
21-. The *hhota 9a3pur Tenanc ,ct, 1-1: (Ben3al ,ct 0 of 1-1:) (*hapter FIII;sections 20, 2.,
2:, 2:, and 2-" *hapter H;sections .1, .1, and .1B" and *hapter HFIII;sections 221, 221 and
222).
211. The Santhal %ar3anas Tenanc (Supple!entar %ro4isions) ,ct, 1-2- (Bihar ,ct 12 of 1-2-)
e+cept section /3.
211. The Bihar Scheduled ,reas )e3ulation, 1-0- (Bihar )e3ulation 1 of 1-0-).
212. The Bihar 6and )efor!s (Fi+ation of *eilin3 ,rea and ,c#uisition of Surplus 6and)
(,!end!ent) ,ct, 1-:2 (Bihar ,ct // of 1-:2).
213. The =uAarat ?e4asthan Ina!s ,bolition ,ct, 1-0- (=uAarat ,ct 10 of 1-0-).
212. The =uAarat Tenanc 6a&s (,!end!ent) ,ct, 1-.0 (=uAarat ,ct 3. of 1-.0).
21/. The =uAarat ,3ricultural 6ands *eilin3 (,!end!ent) ,ct, 1-.0 (%resident;s ,ct 23 of
1-.0).
210. The =uAarat ?e4asthan Ina!s ,bolition (,!end!ent) ,ct, 1-.. (=uAarat ,ct 2. of 1-..).
21.. The =uAarat Tenanc 6a&s (,!end!ent) ,ct, 1-.. (=uAarat ,ct 31 of 1-..).
21:. The Bo!ba 6and )e4enue (=uAarat Second ,!end!ent) ,ct, 1-:1 (=uAarat ,ct 3. of
1-:1).
21-. The Bo!ba 6and )e4enue *ode and 6and Tenure ,bolition 6a&s (=uAarat ,!end!ent)
,ct, 1-:2 (=uAarat ,ct : of 1-:2).
221. The 5i!achal %radesh Transfer of 6and ()e3ulation) ,ct, 1-0: (5i!achal %radesh ,ct 1/ of
1-0-).
221. The 5i!achal %radesh Transfer of 6and ()e3ulation) (,!end!ent) ,ct, 1-:0 (5i!achal
%radesh ,ct 10 of 1-:0).
222. The Earnata'a Scheduled *astes and Scheduled Tribes (%rohibition of Transfer of certain
6ands) ,ct, 1-.: (Earnata'a ,ct 2 of 1-.-).
223. The Eerala 6and )efor!s (,!end!ent) ,ct, 1-.: (Eerala ,ct 13 of 1-.:).
222. The Eerala 6and )efor!s (,!end!ent) ,ct, 1-:1 (Eerala ,ct 1- of 1-:1).
22/. The @adha %radesh 6and )e4enue *ode (Third ,!end!ent) ,ct, 1-.0 (@adha %radesh
,ct 01 of 1-.0).
220. The @adha %radesh 6and )e4enue *ode (,!end!ent) ,ct, 1-:1 (@adha %radesh ,ct
1/ of 1-:1).
22.. The @adha %radesh ,'rishi' >ot Uchachata! See!a ,dhinia!, 1-:1 (@adha %radesh
,ct 11 of 1-:1).
22:. The @adha %radesh *eilin3 on ,3ricultural 5oldin3s (Second ,!end!ent) ,ct, 1-.0
(@adha %radesh ,ct I of 1-:2).
22-. The @adha %radesh *eilin3 on ,3ricultural 5oldin3s (,!end!ent) ,ct, 1-:2 (@adha
%radesh ,ct 12 of 1-:2).
231. The @adha %radesh *eilin3 on ,3ricultural 5oldin3s (,!end!ent) ,ct, 1-:- (@adha
%radesh ,ct : of 1-:-).
231. The @aharashtra 6and )e4enue *ode, 1-00 (@aharashtra ,ct 21 of 1-00), sections 30, 30,
and 30B.
232. The @aharashtra 6and )e4enue *ode and the @aharashtra )estoration of 6ands to
Scheduled Tribes (Second ,!end!ent) ,ct, 1-.0 (@aharashtra ,ct 31 of 1-..).
233. The @aharashtra ,bolition of Subsistin3 %roprietar )i3hts to @ines and @inerals in certain
6ands ,ct, 1-:/ (@aharashtra ,ct 10 of 1-:/).
232. The Brissa Scheduled ,reas Transfer of I!!o4able %ropert (B Scheduled Tribes)
)e3ulation, 1-/0 (Brissa )e3ulation 2 of 1-/0).
23/. The Brissa 6and )efor!s (Second ,!end!ent) ,ct, 1-./ (Brissa ,ct 2- of 1-.0).
230. The Brissa 6and )efor!s (,!end!ent) ,ct, 1-.0 (Brissa ,ct 31 of 1-.0).
23.. The Brissa 6and )efor!s (Second ,!end!ent) ,ct, 1-.0 (Brissa ,ct 22 of 1-.0).
23:. The )aAasthan *olonisation (,!end!ent) ,ct, 1-:2 ()aAasthan ,ct 12 of 1-:2).
23-. The )aAasthan Tenanc (,!end!ent) ,ct, 1-:2 ()aAasthan ,ct 13 of 1-:2).
221. The )aAasthan Tenanc (,!end!ent) ,ct, 1-:. ()aAasthan ,ct 21 of 1-:.).
221. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Second ,!end!ent ,ct, 1-.-
(Ta!il 9adu ,ct : of 1-:1).
222. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-:1 (Ta!il
9adu ,ct 21 of 1-:1).
223. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-:1 (Ta!il
9adu ,ct /- of 1-:1).
222. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Second ,!end!ent ,ct, 1-:3
(Ta!il 9adu ,ct 2 of 1-:2).
22/. The Uttar %radesh 6and 6a&s (,!end!ent) ,ct, 1-:2 (Uttar %radesh ,ct 21 of 1-:2).
220. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1-0/ (Dest Ben3al ,ct 1: of 1-0/).
22.. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1-00 (Dest Ben3al ,ct 11 of 1-00).
22:. The Dest Ben3al 6and )efor!s (Second ,!end!ent) ,ct, 1-0- (Dest Ben3al ,ct 23 of
1-0-).
22-. The Dest Ben3al 7state ,c#uisition (,!end!ent) ,ct, 1-.. (Dest Ben3al ,ct 30 of 1-..).
2/1. The Dest Ben3al 6and 5oldin3 )e4enue ,ct, 1-.- (Dest Ben3al ,ct 22 of 1-.-).
2/1. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1-:1 (Dest Ben3al ,ct 21 of 1-:1).
2/2. The Dest Ben3al 6and 5oldin3 )e4enue (,!end!ent) ,ct, 1-:1 (Dest Ben3al ,ct 33 of
1-:1).
2/3. The *alcutta Thi''a Tenanc (,c#uisition and )e3ulation) ,ct, 1-:1 (Dest Ben3al ,ct 3. of
1-:1).
2/2. The Dest Ben3al 6and 5oldin3 )e4enue (,!end!ent) ,ct, 1-:2 (Dest Ben3al ,ct 23 of
1-:2).
2//. The *alcutta Thi''a Tenanc (,c#uisition and )e3ulation) (,!end!ent) ,ct, 1-:2 (Dest
Ben3al ,ct 21 of 1-:2).
2/0. The @ahe 6and )efor!s ,ct, 1-0: (%ondicherr ,ct 1 of 1-0:).
2/.. The @ahe 6and )efor!s (,!end!ent) ,ct, 1-:1 (%ondicherr ,ct 1 of 1-:1).
2/.,. The Ta!il 9adu Bac'&ard *lasses, Scheduled *astes and Scheduled Tribes ()eser4ation
of Seats in 7ducational Institutions and of appoint!ents or posts in the Ser4ices under the State)
,ct 1--3 (Ta!il 9adu ,ct 2/ of 1--2).
2/:. The Bihar %ri4ile3ed persons 5o!estead Tenanc ,ct, 1-2. (Bihar ,ct 2 of 1-2:).
2/-. The Bihar *onsolidation of 5oldin3s and %re4ention of Fra3!entation ,ct, 1-/0 (Bihar ,ct
22 of 1-/0).
201. The Bihar *onsolidation of 5oldin3s and %re4ention of Fra3!entation (,!end!ent) ,ct,
1-.1 (Bihar ,ct . of 1-.1).
201. The Bihar %ri4ile3ed %ersons 5o!estead Tenanc (,!end!ent) ,ct, 1-.1 (Bihar ,ct - of
1-.1).
202. The Bihar *onsolidation of 5oldin3s and %re4ention of Fra3!entation (,!end!ent) ,ct,
1-.3 (Bihar ,ct 2. of 1-./).
203. The Bihar *onsolidation of 5oldin3s and %re4ention of Fra3!entation (,!end!ent) ,ct,
1-:1 (Bihar ,ct 3/ of 1-:2).
202. The Bihar 6and )efor!s (Fi+ation of *eilin3 ,rea and ,c#uisition of Surplus 6and)
(,!end!ent) ,ct, 1-:. (Bihar ,ct 21 of 1-:.).
20/. The Bihar %ri4ile3ed %ersons 5o!estead Tenanc (,!end!ent) ,ct, 1-:- (Bihar ,ct 11 of
1-:-).
200. The Bihar 6and )efor!s (,!end!ent) ,ct, 1-:- (Bihar ,ct 11 of 1--1).
20.. The Earnata'a Scheduled *astes and Scheduled Tribes (%rohibition of Transfer of *ertain
6ands) (,!end!ent) ,ct, 1-:2 (Earnata'a ,ct 3 of 1-:2).
20:. The Eerala land )efor!s (,!end!ent) ,ct, 1-:- (Eerala ,ct 10 of 1-:-).
20-. The Eerala land )efor!s (Second ,!end!ent) ,ct, 1-:- (Eerala ,ct, 1-:- (Eerala ,ct 2 of
1--1).
2.1. The Brissa 6and )efor!s (,!end!ent ,ct, 1-:- (Brissa ,ct - of 1--1).
2.1. The )aAasthan Tenanc (,!end!ent) ,ct, 1-.- ()aAasthan ,ct 10 of 1-.-).
2.2. The )aAasthan *olonisation (,!end!ent) ,ct, 1-:. ()aAasthan ,ct 2 of 1-:.).
2.3. The )aAasthan *olonisation (,!end!ent) ,ct, 1-:- ()aAasthan ,ct 12 of 1-:-).
2.2. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-:3 (Ta!il
9adu ,ct 3 of 1-:2).
2./. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-:0 (Ta!il
9adu ,ct /. of 1-:0).
2.0. The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) Second ,!end!ent ,ct, 1-:.
(Ta!il 9adu ,ct 2 of 1-::).
2... The Ta!il 9adu 6and )efor!s (Fi+ation of *eilin3 on 6and) ,!end!ent ,ct, 1-:- (Ta!il
9adu ,ct 31 of 1-:-).
2.:. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1-:1 (Dest Ben3al ,ct /1 of 1-:1).
2.-. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1-:0 (Dest Ben3al ,ct / of 1-:0).
2:1 The Dest Ben3al 6and )efor!s (Second ,!end!ent) ,ct, 1-:0 (Dest Ben3al ,ct 1- of
1-:0).
2:1. The Dest Ben3al 6and )efor!s (Third ,!end!ent) ,ct, 1-:1 (Dest Ben3al ,ct 3/ of
1-:0).
2:2. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1-:- (Dest Ben3al ,ct 23 of 1-:-).
2:3. The Dest Ben3al 6and )efor!s (,!end!ent) ,ct, 1--1 (Dest Ben3al ,ct 22 of 1--1).
2:2. The Dest Ben3al 6and )efor!s (Tribunal ,ct, 1--1 (Dest Ben3al ,ct 12 of 1--1).
7+planation.;,n ac#uisition !ade under the )aAasthan Tenanc ,ct, 1-// ()aAasthan ,ct III of
1-//), in contra4ention of the second pro4iso to clause (1) of article 31 , shall, to the e+tent of the
contra4ention, be 4oid.
TENTH SCHEDU-E
(,rticles 112(2) and 1-1(2)
%ro4isions as to dis#ualification on 3round of defection
1. Interpretation.;In this Schedule, unless the conte+t other&ise re#uires,;
(a) ;5ouse; !eans either 5ouse of %arlia!ent or the 6e3islati4e ,sse!bl or, as the case !a
be, either 5ouse of the 6e3islature of a State"
(b) ;le3islature part;, in relation to a !e!ber of a 5ouse belon3in3 to an political part in
accordance &ith the pro4isions of para3raph 2 or para3raph 3 or, as the case !a be, para3raph
2, !eans the 3roup consistin3 of all the !e!bers of that 5ouse for the ti!e bein3 belon3in3 to
that political part in accordance &ith the said pro4isions"
(c) ;ori3inal political part;, in relation to a !e!ber of a 5ouse, !eans the political part to &hich
he belon3s for the purposes of sub-para3raph (1) of para3raph 2"
(d) ;para3raph; !eans a para3raph of this Schedule.
2. ?is#ualification on 3round of defection.;(1) SubAect to the pro4isions of para3raphs 3, 2 and /,
a !e!ber of a 5ouse belon3in3 to an political part shall be dis#ualified for bein3 a !e!ber of
the 5ouse;
(a) if he has 4oluntaril 3i4es up his !e!bership of such political part" or
(b) if he 4otes or abstains fro! 4otin3 in such 5ouse contrar to an direction issued b the
political part to &hich he belon3s or b an person or authorit authorised b it in this behalf,
&ithout obtainin3, in either case, the prior per!ission of such political part, person or authorit
and such 4otin3 or abstention has not been condoned b such political part, person or authorit
&ithin fifteen das fro! the date of such 4otin3 or abstention.
7+planation.;For the purposes of this sub-para3raph,;
(a) an elected !e!ber of a 5ouse shall be dee!ed to belon3 to the political part, if an, b
&hich he &as set up as a candidate for election as such !e!ber"
(b) a no!inated !e!ber of a 5ouse shall,;
(i) &here he is a !e!ber of an political part on the date of his no!ination as such !e!ber, be
dee!ed to belon3 to such political part"
(ii) in an other case, be dee!ed to belon3 to the political part of &hich he beco!es, or, as the
case !a be, first beco!es a !e!ber before the e+pir of si+ !onths fro! the date on &hich he
ta'es his seat after co!plin3 &ith the re#uire!ents of article -- or, as the case !a be, article
1::.
(2) ,n elected !e!ber of a 5ouse &ho has been elected as such other&ise than as a candidate
set up b an political part shall be dis#ualified for bein3 a !e!ber of the 5ouse if he Aoins an
political part after such election.
(3) , no!inated !e!ber of a 5ouse shall be dis#ualified for bein3 a !e!ber of the 5ouse if he
Aoins an political part after the e+pir of si+ !onths fro! the date on &hich he ta'es his seat
after co!plin3 &ith the re#uire!ents of article -- or, as the case !a be, article 1::.
(2) 9ot&ithstandin3 anthin3 contained in the fore3oin3 pro4isions of this para3raph, a person
&ho, on the co!!ence!ent of the *onstitution (Fift-second ,!end!ent) ,ct, 1-:/, is a
!e!ber of a 5ouse (&hether elected or no!inated as such ) shall,;
(i) &here he &as a !e!ber of political part i!!ediatel before such co!!ence!ent, be
dee!ed, for the purposes of sub-para3raph (1) of this para3raph, to ha4e been elected as a
!e!ber of such 5ouse as a candidate set up b such political part"
(ii) in an other case, be dee!ed to be an elected !e!ber of the 5ouse &ho has been elected as
such other&ise than as a candidate set up b an political part for the purposes of sub-
para3raph (2) of this para3raph or, as the case !a be, dee!ed to be a no!inated !e!ber of
the 5ouse for the purposes of sub-para3raph (3) of this para3raph.
3. ?is#ualification on 3round of defection not to appl in case of split.;Dhere a !e!ber of a
5ouse !a'es a clai! that he and an other !e!bers of his le3islature part constitute the 3roup
representin3 a faction &hich has arisen as a result of a split in his ori3inal political part and such
3roup consists of not less than one third of the !e!bers of such le3islature part,;
(a) he shall not be dis#ualified under sub-para3raph (1) of para3raph 2 on the 3round;
(i) that he has 4oluntaril 3i4en up his !e!bership of his ori3inal political part" or
(ii) that he has 4oted or abstained fro! 4otin3 in such 5ouse contrar to an direction issued b
such part or b an person or authorit authorised b it in that behalf &ithout obtainin3 the prior
per!ission of such part, person or authorit and such 4otin3 or abstention has not been
condoned b such part, person or authorit &ithin fifteen das fro! the date of such 4otin3 or
abstention" and
(b) fro! the ti!e of such split, such faction shall be dee!ed to be the political part to &hich he
belon3s for the purposes of sub-para3raph (1) of para3raph 2 and to be his ori3inal political part
for the purposes of this para3raph.
2. ?is#ualification on 3round of defection not to appl in case of !er3er.;(1) , !e!ber of a
5ouse shall not be dis#ualified under sub-para3raph (1) of para3raph 2 &here his ori3inal political
part !er3es &ith another political part and he clai!s that he and an other !e!bers of his
ori3inal political part;
(a) ha4e beco!e !e!bers of such other political part or, as the case !a be, of a ne& political
part for!ed b such !er3er" or
(b) ha4e not accepted the !er3er and opted to function as a separate 3roup,
and fro! the ti!e of such !er3er, such other political part or ne& political part or 3roup, as the
case !a be, shall be dee!ed to be the political part to &hich he belon3s for the purposes of
sub-para3raph (1) of para3raph 2 and to be his ori3inal political part for the purposes of this sub-
para3raph.
(2) For the purposes of sub-para3raph (1) of this para3raph, the !er3er of the ori3inal political
part of a !e!ber of a 5ouse shall be dee!ed to ha4e ta'en place if, and onl if, not less than
t&o-thirds of the !e!bers of the le3islature part concerned ha4e a3reed to such !er3er.
/. 7+e!ption.;9ot&ithstandin3 anthin3 contained in this Schedule, a person &ho has been
elected to the office of the Spea'er or the ?eput Spea'er of the 5ouse of the %eople or the
?eput *hair!an of the *ouncil of States or the *hair!an or the ?eput *hair!an of the
6e3islati4e *ouncil of a State or the Spea'er or the ?eput Spea'er of the 6e3islati4e ,sse!bl
of a State, shall not be dis#ualified under this Schedule,;
(a) if he, b reason of his election to such office, 4oluntaril 3i4es up the !e!bership of the
political part to &hich he belon3ed i!!ediatel before such election and does not, so lon3 as he
continues to hold such office thereafter, reAoin that political part or beco!e a !e!ber of another
political part" or
(b) if he, ha4in3 3i4en up b reason of his election to such office his !e!bership of the political
part to &hich he belon3ed i!!ediatel before such election, reAoins such political part after he
ceases to hold such office.
0. ?ecision on #uestions as to dis#ualification on 3round of defection.;(1) If an #uestion arises
as to &hether a !e!ber of a 5ouse has beco!e subAect to dis#ualification under this Schedule,
the #uestion shall be referred for the decision of the *hair!an or, as the case !a be, the
Spea'er of such 5ouse and his decision shall be final$
%ro4ided that &here the #uestion &hich has arisen is as to &hether the *hair!an or the Spea'er
of a 5ouse has beco!e subAect to such dis#ualification, the #uestion shall be referred for the
decision of such !e!ber of the 5ouse as the 5ouse !a elect in this behalf and his decision
shall be final.
(2) ,ll proceedin3s under sub-para3raph (1) of this para3raph in relation to an #uestion as to
dis#ualification of a !e!ber of a 5ouse under this Schedule shall be dee!ed to be proceedin3s
in %arlia!ent &ithin the !eanin3 of article 122 or, as the case !a be, proceedin3s in the
6e3islature of a State &ithin the !eanin3 of article 212.
.. Bar of Aurisdiction of courts.;9ot&ithstandin3 anthin3 in this *onstitution, no court shall ha4e
an Aurisdiction in respect of an !atter connected &ith the dis#ualification of a !e!ber of a
5ouse under this Schedule.
:. )ules.;(1) SubAect to the pro4isions of sub-para3raph (2) of this para3raph, the *hair!an or
the Spea'er of a 5ouse !a !a'e rules for 3i4in3 effect to the pro4isions of this Schedule, and in
particular, and &ithout preAudice to the 3eneralit of the fore3oin3, such rules !a pro4ide for;
(a) the !aintenance of re3isters or other records as to the political parties if an, to &hich different
!e!bers of the 5ouse belon3"
(b) the report &hich the leader of a le3islature part in relation to a !e!ber of a 5ouse shall
furnish &ith re3ard to an condonation of the nature referred to in clause (b) of sub-para3raph (1)
of para3raph 2 in respect of such !e!ber, the ti!e &ithin &hich and the authorit to &ho! such
report shall be furnished"
(c) the reports &hich a political part shall furnish &ith re3ard to ad!ission to such political part
of an !e!bers of the 5ouse and the officer of the 5ouse to &ho! such reports shall be
furnished" and
(d) the procedure for decidin3 an #uestion referred to in sub-para3raph (1) of para3raph 0
includin3 the procedure for an in#uir &hich !a be !ade for the purpose of decidin3 such
#uestion.
(2) The rules !ade b the *hair!an or the Spea'er of a 5ouse under sub-para3raph (1) of this
para3raph shall be laid as soon as !a be after the are !ade before the 5ouse for a total period
of thirt das &hich !a be co!prised in one session or in t&o or !ore successi4e sessions and
shall ta'e effect upon the e+pir of the said period of thirt das unless the are sooner appro4ed
&ith or &ithout !odifications or disappro4ed b the 5ouse and &here the are so appro4ed, the
shall ta'e effect on such appro4al in the for! in &hich the &ere laid or in such !odified for!, as
the case !a be, and &here the are so disappro4ed, the shall be of no effect.
(3) The *hair!an or the Spea'er of a 5ouse !a, &ithout preAudice to the pro4isions of article
11/ or, as the case !a be, article 1-2, and to an other po&er &hich he !a ha4e under this
*onstitution direct that an &ilful contra4ention b an person of the rules !ade under this
para3raph !a be dealt &ith in the sa!e !anner as a breach of pri4ile3e of the 5ouse.
E-E>ENTH SCHEDU-E
(,rticle 223=)
1. ,3riculture, includin3 a3ricultural e+tension.
2. 6and i!pro4e!ent, i!ple!entation of land refor!s, land consolidation and soil conser4ation.
3. @inor irri3ation, &ater !ana3e!ent and &atershed de4elop!ent.
2. ,ni!al husbandr, dairin3 and poultr.
/. Fisheries.
0. Social forestr and far! forestr.
.. @inor forest produce.
:. S!all scale industries, includin3 food processin3 industries.
-. Ehadi, 4illa3e and cotta3e industries.
11. )ural housin3.
11. ?rin'in3 &ater.
12. Fuel and fodder.
13. )oads, cul4erts, brid3es, ferries, &ater&as and other !eans of co!!unication.
12. )ural electrification, includin3 distribution of electricit.
1/. 9on-con4entional ener3 sources.
10. %o4ert alle4iation pro3ra!!e.
1.. 7ducation, includin3 pri!ar and secondar schools.
1:. Technical trainin3 and 4ocational education.
1-. ,dult and non-for!al education.
21. 6ibraries.
21. *ultural acti4ities.
22. @ar'ets and fairs.
23. 5ealth and sanitation, includin3 hospitals, pri!ar health centres and dispensaries.
22. Fa!il &elfare.
2/. Do!en and child de4elop!ent.
20. Social &elfare, includin3 &elfare of the handicapped and !entall retarded.
2.. Delfare of the &ea'er sections, and in particular, of the Scheduled *astes and the Scheduled
Tribes.
2:. %ublic distribution sste!.
2-. @aintenance of co!!unit assets.
THE CONSTITUTION OF INDIA
T?E-FTH SCHEDU-E
(,rticle 223D)
1. Urban plannin3 includin3 to&n plannin3.
2. )e3ulation of land-use and construction of buildin3s.
3. %lannin3 for econo!ic and social de4elop!ent.
2. )oads and brid3es.
/. Dater suppl for do!estic, industrial and, co!!ercial purposes.
0. %ublic health, sanitation conser4anc and solid &aste !ana3e!ent.
.. Fire ser4ices.
:. Urban forestr protection of the en4iron!ent. and pro!otion of ecolo3ical aspects.
-. Safe3uardin3 the interests of &ea'er sections of societ, includin3 the handicapped and
!entall retarded.
11. Slu! i!pro4e!ent and up3radation.
11. Urban po4ert alle4iation.
12. %ro4ision of urban a!enities and facilities such as par's, 3ardens, pla-3rounds.
13. %ro!otion of cultural, educational and aesthetic aspects.
12. Burials and burial 3rounds" cre!ations, cre!ation 3rounds and electric cre!atoriu!s.
1/. *attle ponds" pre4ention of cruelt to ani!als.
10. Fital statistics includin3 re3istration of births and deaths.
1.. %ublic a!enities includin3 street li3htin3, par'in3 lots, bus stops and public con4eniences.
1:. )e3ulation of slau3hter houses and tanneries.