The Constitution of India: The Union and Its Territory

THE CONSTITUTION OF INDIA
WE, THE PEOPLE OF INDIA, having solemnly

resolved to constitute India into a !"O#E$EI%N
"O&IALI"T "E&'LA$ DE(O&$ATI& $EP')LI&* and
to secure to all its citi+ens,
-'"TI&E, social, economic and .olitical/
LI)E$T0 o1 thought, e2.ression, 3elie1, 1aith and
4orshi./
E5'ALIT0 o1 status and o1 o..ortunity/
and to .romote among them all
F$ATE$NIT0 assuring the dignity o1 the individual
and the 6!unity and integrity o1 the Nation*/
IN O'$ &ON"TIT'ENT A""E()L0 this t4entysi2th
day o1 Novem3er, 787, do HE$E)0 ADOPT,
ENA&T AND %I#E TO O'$"EL#E" THI"
&ON"TIT'TION9
"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 6, 1or ?"O#E$EI%N
DE(O&$ATI& $EP')LI&@ :49e919 A;;7==<9
6"u3s9 3y s9 6, ibid9, 1or ?unity o1 the Nation@ :49e919 A;;7==<9
Pream3le9
PART I
THE 'NION AND IT" TE$$ITO$0
1. :< India, that is )harat, shall 3e a 'nion o1 "tates9
!:6< The "tates and the territories thereo1 shall 3e as
s.eciBed in the First "chedule9*
:A< The territory o1 India shall com.riseC
:a< the territories o1 the "tates/
6!:b< the 'nion territories s.eciBed in the First
"chedule/ and*
:c< such other territories as may 3e acDuired9
2. Parliament may 3y la4 admit into the 'nion, or
esta3lish, ne4 "tates on such terms and conditions as it
thinEs Bt9
A2A. !Sikkim to be associated with the Union.] Rep. by the
Constitution (Thirty-sixth Amendment) Act 7=F, s. F :w.e.!.
6>;8;7=F<9
3. Parliament may 3y la4C
:a< 1orm a ne4 "tate 3y se.aration o1 territory
1rom any "tate or 3y uniting t4o or more "tates or
.arts o1 "tates or 3y uniting any territory to a .art o1
any "tate/
:b< increase the area o1 any "tate/
:c< diminish the area o1 any "tate/
:d< alter the 3oundaries o1 any "tate/
:e< alter the name o1 any "tate,
8!Provided that no )ill 1or the .ur.ose shall 3e
introduced in either House o1 Parliament e2ce.t on the
recommendation o1 the President and unless, 4here the
.ro.osal contained in the )ill aGects the area, 3oundaries
Name and territory
o1 the 'nion9
Admission or
esta3lishment o1
ne4 "tates9
Formation o1 ne4
"tates and
alteration o1 areas,
3oundaries or
names o1 e2isting
"tates9
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 6, 1or cl9 :6<9
6"u3s9 3y s9 6, ibid9, 1or su3;clause :b<9
AArticle 6A 4as ins9 3y the &onstitution :Thirty;B1th Amendment< Act, 7=8, s9 6 :49e919
;A;7=F<9
8"u3s9 3y the &onstitution :Fi1th Amendment< Act, 7FF, s9 6, 1or the .roviso9
6
or name o1 any o1 the "tates HHH, the )ill has 3een re1erred
3y the President to the Legislature o1 that "tate 1or
e2.ressing its vie4s thereon 4ithin such .eriod as may
3e s.eciBed in the re1erence or 4ithin such 1urther .eriod
as the President may allo4 and the .eriod so s.eciBed or
allo4ed has e2.ired9*
6!"xp#anation $.CIn this article, in clauses (a) to (e),
I"tateJJ includes a 'nion territory, 3ut in the .roviso,
I"tateJJ does not include a 'nion territory9
"xp#anation $$.CThe .o4er con1erred on Parliament
3y clause (a) includes the .o4er to 1orm a ne4 "tate or
'nion territory 3y uniting a .art o1 any "tate or 'nion
territory to any other "tate or 'nion territory9*
4. :< Any la4 re1erred to in article 6 or article A shall
contain such .rovisions 1or the amendment o1 the First
"chedule and the Fourth "chedule as may 3e necessary
to give eGect to the .rovisions o1 the la4 and may also
contain such su..lemental, incidental and conseDuential
.rovisions :including .rovisions as to re.resentation in
Parliament and in the Legislature or Legislatures o1 the
"tate or "tates aGected 3y such la4< as Parliament may
deem necessary9
:6< No such la4 as a1oresaid shall 3e deemed to 3e
an amendment o1 this &onstitution 1or the .ur.oses o1
article A>K9
THE &ON"TIT'TION OF INDIA
:%art $.CThe Union and its territory.CArts. A;89<
La4s made under
articles 6 and A to
.rovide 1or the
amendment o1 the
First and the
Fourth "chedules
and su..lemental,
incidental and
conseDuential
matters9
The 4ords and letters ?s.eciBed in Part A or Part ) o1 the First "chedule@ omitted 3y
the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9
6Ins9 3y the &onstitution :Eighteenth Amendment< Act, 7>>, s9 69
A
PART II
&ITILEN"HIP
5. At the commencement o1 this &onstitution, every
.erson 4ho has his domicile in the territory o1 India
andC
:a< 4ho 4as 3orn in the territory o1 India/ or
:b< either o1 4hose .arents 4as 3orn in the territory
o1 India/ or
:c< 4ho has 3een ordinarily resident in the territory
o1 India 1or not less than Bve years immediately
.receding such commencement,
shall 3e a citi+en o1 India9
6. Not4ithstanding anything in article F, a .erson
4ho has migrated to the territory o1 India 1rom the
territory no4 included in PaEistan shall 3e deemed to 3e
a citi+en o1 India at the commencement o1 this
&onstitution i1C
:a< he or either o1 his .arents or any o1 his
grand.arents 4as 3orn in India as deBned in the
%overnment o1 India Act, 7AF :as originally enacted</
and
:b< :i< in the case 4here such .erson has so
migrated 3e1ore the nineteenth day o1 -uly, 78K, he
has 3een ordinarily resident in the territory o1 India
since the date o1 his migration, or
:ii< in the case 4here such .erson has so migrated
on or a1ter the nineteenth day o1 -uly, 78K, he has
3een registered as a citi+en o1 India 3y an oMcer
a..ointed in that 3ehal1 3y the %overnment o1 the
Dominion o1 India on an a..lication made 3y him
there1or to such oMcer 3e1ore the commencement o1
this &onstitution in the 1orm and manner .rescri3ed
3y that %overnment,
Provided that no .erson shall 3e so registered unless
he has 3een resident in the territory o1 India 1or at least
si2 months immediately .receding the date o1 his
a..lication9
&iti+enshi. at the
commencement o1
the &onstitution9
$ights o1
citi+enshi. o1
certain .ersons
4ho have migrated
to India 1rom
PaEistan9
8
7. Not4ithstanding anything in articles F and >, a
.erson 4ho has a1ter the Brst day o1 (arch, 78=,
migrated 1rom the territory o1 India to the territory no4
included in PaEistan shall not 3e deemed to 3e a citi+en
o1 India,
Provided that nothing in this article shall a..ly to a
.erson 4ho, a1ter having so migrated to the territory no4
included in PaEistan, has returned to the territory o1 India
under a .ermit 1or resettlement or .ermanent return issued
3y or under the authority o1 any la4 and every such
.erson shall 1or the .ur.oses o1 clause :b< o1 article > 3e
deemed to have migrated to the territory o1 India a1ter the
nineteenth day o1 -uly, 78K9
8. Not4ithstanding anything in article F, any .erson
4ho or either o1 4hose .arents or any o1 4hose
grand.arents 4as 3orn in India as deBned in the
%overnment o1 India Act, 7AF :as originally enacted<,
and 4ho is ordinarily residing in any country outside
India as so deBned shall 3e deemed to 3e a citi+en o1
India i1 he has 3een registered as a citi+en o1 India 3y the
di.lomatic or consular re.resentative o1 India in the
country 4here he is 1or the time 3eing residing on an
a..lication made 3y him there1or to such di.lomatic or
consular re.resentative, 4hether 3e1ore or a1ter the
commencement o1 this &onstitution, in the 1orm and
manner .rescri3ed 3y the %overnment o1 the Dominion o1
India or the %overnment o1 India9
9. No .erson shall 3e a citi+en o1 India 3y virtue o1
article F, or 3e deemed to 3e a citi+en o1 India 3y virtue
o1 article > or article K, i1 he has voluntarily acDuired the
citi+enshi. o1 any 1oreign "tate9
10. Every .erson 4ho is or is deemed to 3e a citi+en
o1 India under any o1 the 1oregoing .rovisions o1 this
Part shall, su3Nect to the .rovisions o1 any la4 that may
3e made 3y Parliament, continue to 3e such citi+en9
11. Nothing in the 1oregoing .rovisions o1 this Part
shall derogate 1rom the .o4er o1 Parliament to maEe
any .rovision 4ith res.ect to the acDuisition and
termination o1 citi+enshi. and all other matters relating
to citi+enshi.9
:%art $$.CCiti&enship.CArts. =C9<
$ights o1
citi+enshi. o1
certain .ersons o1
Indian origin
residing outside
India9
F
$ights o1
citi+enshi. o1
certain migrants to
PaEistan9
Persons voluntarily
acDuiring
citi+enshi. o1 a
1oreign "tate not to
3e citi+ens9
&ontinuance o1 the
rights o1
citi+enshi.9
Parliament to
regulate the right
o1 citi+enshi. 3y
la49
PART III
F'NDA(ENTAL $I%HT"
'enera#
12. In this Part, unless the conte2t other4ise reDuires,
?the "tateOO includes the %overnment and Parliament o1
India and the %overnment and the Legislature o1 each o1
the "tates and all local or other authorities 4ithin the
territory o1 India or under the control o1 the %overnment
o1 India9
13. (< All la4s in 1orce in the territory o1 India
immediately 3e1ore the commencement o1 this &onstitution,
in so 1ar as they are inconsistent 4ith the .rovisions o1 this
Part, shall, to the e2tent o1 such inconsistency, 3e void9
:6< The "tate shall not maEe any la4 4hich taEes a4ay
or a3ridges the rights con1erred 3y this Part and any la4
made in contravention o1 this clause shall, to the e2tent o1
the contravention, 3e void9
:A< In this article, unless the conte2t other4ise
reDuires,C
:a< ?la4@ includes any Ordinance, order, 3ye;la4,
rule, regulation, notiBcation, custom or usage having
in the territory o1 India the 1orce o1 la4/
:b< ?la4s in 1orce@ includes la4s .assed or made 3y
a Legislature or other com.etent authority in the
territory o1 India 3e1ore the commencement o1 this
&onstitution and not .reviously re.ealed,
not4ithstanding that any such la4 or any .art thereo1
may not 3e then in o.eration either at all or in
.articular areas9
!:8< Nothing in this article shall a..ly to any
amendment o1 this &onstitution made under article A>K9*
Ri(ht to ")ua#ity
14. The "tate shall not deny to any .erson eDuality
3e1ore the la4 or the eDual .rotection o1 the la4s 4ithin the
territory o1 India9
DeBnition9
La4s inconsistent
4ith or in
derogation o1 the
1undamental rights9
>
EDuality 3e1ore
la49
Ins9 3y the &onstitution :T4enty;1ourth Amendment< Act, 7=, s9 69
15. :< The "tate shall not discriminate against any
citi+en on grounds only o1 religion, race, caste, se2, .lace
o1 3irth or any o1 them9
:6< No citi+en shall, on grounds only o1 religion, race,
caste, se2, .lace o1 3irth or any o1 them, 3e su3Nect to any
disa3ility, lia3ility, restriction or condition 4ith regard toC
:a< access to sho.s, .u3lic restaurants, hotels and
.laces o1 .u3lic entertainment/ or
:b< the use o1 4ells, tanEs, 3athing ghats, roads
and .laces o1 .u3lic resort maintained 4holly or
.artly out o1 "tate 1unds or dedicated to the use o1
the general .u3lic9
:A< Nothing in this article shall .revent the "tate 1rom
maEing any s.ecial .rovision 1or 4omen and children9
!:8< Nothing in this article or in clause :6< o1 article 67
shall .revent the "tate 1rom maEing any s.ecial .rovision
1or the advancement o1 any socially and educationally
3acE4ard classes o1 citi+ens or 1or the "cheduled &astes
and the "cheduled Tri3es9*
6!:F< Nothing in this article or in su3;clause :(< o1
clause :< o1 article 7 shall .revent the "tate 1rom maEing
any s.ecial .rovision, 3y la4, 1or the advancement o1
any socially and educationally 3acE4ard classes o1
citi+ens or 1or the "cheduled &astes or the "cheduled
Tri3es in so 1ar as such s.ecial .rovisions relate to their
admission to educational institutions including .rivate
educational institutions, 4hether aided or unaided 3y
the "tate, other than the minority educational institutions
re1erred to in clause :< o1 article AP9*
16. :< There shall 3e eDuality o1 o..ortunity 1or all
citi+ens in matters relating to em.loyment or a..ointment
to any oMce under the "tate9
:6< No citi+en shall, on grounds only o1 religion, race,
caste, se2, descent, .lace o1 3irth, residence or any o1
them, 3e ineligi3le 1or, or discriminated against in res.ect
o1, any em.loyment or oMce under the "tate9
:A< Nothing in this article shall .revent Parliament
1rom maEing any la4 .rescri3ing, in regard to a class or
classes o1 em.loyment or a..ointment to an oMce
:%art $$$.C*undamenta# Ri(hts.CArts. F;>9<
Prohi3ition o1
discrimination on
grounds o1
religion, race,
caste, se2 or .lace
o1 3irth9
=
EDuality o1
o..ortunity in
matters o1 .u3lic
em.loyment9
Added 3y the &onstitution :First Amendment< Act, 7F, s9 69
6Ins9 3y the &onstitution :Ninety;third Amendment< Act, 6PPF, s9 6 :49e919 6P;;6PP><9
!under the %overnment o1, or any local or other authority
4ithin, a "tate or 'nion territory, any reDuirement as to
residence 4ithin that "tate or 'nion territory* .rior to
such em.loyment or a..ointment9
:8< Nothing in this article shall .revent the "tate 1rom
maEing any .rovision 1or the reservation o1 a..ointments
or .osts in 1avour o1 any 3acE4ard class o1 citi+ens 4hich,
in the o.inion o1 the "tate, is not adeDuately re.resented
in the services under the "tate9
6!:8A< Nothing in this article shall .revent the "tate
1rom maEing any .rovision 1or reservation A!in matters
o1 .romotion, 4ith conseDuential seniority, to any class*
or classes o1 .osts in the services under the "tate in 1avour
o1 the "cheduled &astes and the "cheduled Tri3es 4hich,
in the o.inion o1 the "tate, are not adeDuately re.resented
in the services under the "tate9*
8!:8)< Nothing in this article shall .revent the "tate
1rom considering any unBlled vacancies o1 a year 4hich
are reserved 1or 3eing Blled u. in that year in accordance
4ith any .rovision 1or reservation made under clause :8<
or clause :8A< as a se.arate class o1 vacancies to 3e Blled
u. in any succeeding year or years and such class o1
vacancies shall not 3e considered together 4ith the
vacancies o1 the year in 4hich they are 3eing Blled u. 1or
determining the ceiling o1 B1ty .er cent9 reservation on
total num3er o1 vacancies o1 that year9*
:F< Nothing in this article shall aGect the o.eration o1
any la4 4hich .rovides that the incum3ent o1 an oMce
in connection 4ith the aGairs o1 any religious or
denominational institution or any mem3er o1 the
governing 3ody thereo1 shall 3e a .erson .ro1essing a
.articular religion or 3elonging to a .articular
denomination9
17. ?'ntoucha3ility@ is a3olished and its .ractice in
any 1orm is 1or3idden9 The en1orcement o1 any disa3ility
arising out o1 ?'ntoucha3ility@ shall 3e an oGence
.unisha3le in accordance 4ith la49
18. :< No title, not 3eing a military or academic
distinction, shall 3e con1erred 3y the "tate9
:6< No citi+en o1 India shall acce.t any title 1rom any
1oreign "tate9
:%art $$$.C*undamenta# Ri(hts.CArts. >CK9<
K
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9, 1or ?under
any "tate s.eciBed in the First "chedule or any local or other authority 4ithin its territory, any
reDuirement as to residence 4ithin that "tate@9
6Ins9 3y the &onstitution :"eventy;seventh Amendment< Act, 77F, s9 69
A"u3s9 3y the &onstitution :Eighty;B1th Amendment< Act, 6PP, s9 6, 1or certain 4ords
:49e919 =;>;77F<9
8Ins9 3y the &onstitution :Eighty;Brst Amendment< Act, 6PPP, s9 6 :49e919 7;>;6PPP<9
A3olition o1
'ntoucha3ility9
A3olition o1 titles9
:%art $$$.C*undamenta# Ri(hts.CArts. K;79<
7
:A< No .erson 4ho is not a citi+en o1 India shall,
4hile he holds any oMce o1 .roBt or trust under the
"tate, acce.t 4ithout the consent o1 the President any
title 1rom any 1oreign "tate9
:8< No .erson holding any oMce o1 .roBt or trust
under the "tate shall, 4ithout the consent o1 the President,
acce.t any .resent, emolument, or oMce o1 any Eind
1rom or under any 1oreign "tate9
Ri(ht to *reedom
19. :< All citi+ens shall have the rightC
:a< to 1reedom o1 s.eech and e2.ression/
:b< to assem3le .eacea3ly and 4ithout arms/
:c< to 1orm associations or unions/
:d< to move 1reely throughout the territory o1 India/
:e< to reside and settle in any .art o1 the territory
o1 India/ !and*
6H H H H H
:(< to .ractise any .ro1ession, or to carry on any
occu.ation, trade or 3usiness9
A!:6< Nothing in su3;clause :a< o1 clause :< shall aGect
the o.eration o1 any e2isting la4, or .revent the "tate
1rom maEing any la4, in so 1ar as such la4 im.oses
reasona3le restrictions on the e2ercise o1 the right
con1erred 3y the said su3;clause in the interests o1 8!the
sovereignty and integrity o1 India,* the security o1 the
"tate, 1riendly relations 4ith 1oreign "tates, .u3lic order,
decency or morality, or in relation to contem.t o1 court,
de1amation or incitement to an oGence9*
:A< Nothing in su3;clause :b< o1 the said clause shall
aGect the o.eration o1 any e2isting la4 in so 1ar as it
im.oses, or .revent the "tate 1rom maEing any la4
im.osing, in the interests o1 8!the sovereignty and integrity
o1 India or* .u3lic order, reasona3le restrictions on the
e2ercise o1 the right con1erred 3y the said su3;clause9
:8< Nothing in su3;clause :c< o1 the said clause shall
im.osing, in the interests o1 8!the sovereignty and
Protection o1
certain rights
regarding 1reedom
o1 s.eech, etc9
Ins9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 6 :49e919 6P;>;7=7<9
6"u3;clause :!< omitted 3y s9 6, ibid9 :49e919 6P;>;7=7<9
A"u3s9 3y the &onstitution :First Amendment< Act, 7F, s9 A, 1or cl9 :6< :4ith retros.ective
eGect<9
8Ins9 3y the &onstitution :"i2teenth Amendment< Act, 7>A, s9 69
integrity o1 India or* .u3lic order or morality, reasona3le
restrictions on the e2ercise o1 the right con1erred 3y the
said su3;clause9
:F< Nothing in !su3;clauses :d< and :e<* o1 the said
clause shall aGect the o.eration o1 any e2isting la4 in so
1ar as it im.oses, or .revent the "tate 1rom maEing any
la4 im.osing, reasona3le restrictions on the e2ercise o1
any o1 the rights con1erred 3y the said su3;clauses either
in the interests o1 the general .u3lic or 1or the .rotection
o1 the interests o1 any "cheduled Tri3e9
:>< Nothing in su3;clause :(< o1 the said clause shall
im.osing, in the interests o1 the general .u3lic, reasona3le
restrictions on the e2ercise o1 the right con1erred 3y the
said su3;clause, and, in .articular, 6!nothing in the said
su3;clause shall aGect the o.eration o1 any e2isting la4
in so 1ar as it relates to, or .revent the "tate 1rom maEing
any la4 relating to,C
:i< the .ro1essional or technical DualiBcations
necessary 1or .ractising any .ro1ession or carrying on
any occu.ation, trade or 3usiness, or
:ii< the carrying on 3y the "tate, or 3y a cor.oration
o4ned or controlled 3y the "tate, o1 any trade,
3usiness, industry or service, 4hether to the
e2clusion, com.lete or .artial, o1 citi+ens or
other4ise*9
20. :< No .erson shall 3e convicted o1 any oGence
e2ce.t 1or violation o1 a la4 in 1orce at the time o1 the
commission o1 the Act charged as an oGence, nor 3e
su3Nected to a .enalty greater than that 4hich might have
3een inQicted under the la4 in 1orce at the time o1 the
commission o1 the oGence9
:6< No .erson shall 3e .rosecuted and .unished 1or
the same oGence more than once9
:A< No .erson accused o1 any oGence shall 3e com.elled
to 3e a 4itness against himsel19
21. No .erson shall 3e de.rived o1 his li1e or .ersonal
li3erty e2ce.t according to .rocedure esta3lished 3y la49
:%art $$$.C*undamenta# Ri(hts.CArts. 7C69<
P
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 6, 1or @su3;clauses
:d<, :e< and :!<@ :49e919 6P;>;7=7<9
6"u3s9 3y the &onstitution :First Amendment< Act, 7F, s9 A, 1or certain 4ords9
Protection in
res.ect o1
conviction 1or
oGences9
Protection o1 li1e
and .ersonal
li3erty9
H!21A. The "tate shall .rovide 1ree and com.ulsory
education to all children o1 the age o1 si2 to 1ourteen years
in such manner as the "tate may, 3y la4, determine9*
22. :< No .erson 4ho is arrested shall 3e detained in
custody 4ithout 3eing in1ormed, as soon as may 3e, o1 the
grounds 1or such arrest nor shall he 3e denied the right to
consult, and to 3e de1ended 3y, a legal .ractitioner o1 his
choice9
:6< Every .erson 4ho is arrested and detained in
custody shall 3e .roduced 3e1ore the nearest magistrate
4ithin a .eriod o1 t4enty;1our hours o1 such arrest
e2cluding the time necessary 1or the Nourney 1rom the
.lace o1 arrest to the court o1 the magistrate and no such
.erson shall 3e detained in custody 3eyond the said
.eriod 4ithout the authority o1 a magistrate9
:A< Nothing in clauses :< and :6< shall a..lyC
:a< to any .erson 4ho 1or the time 3eing is an enemy
alien/ or
:b< to any .erson 4ho is arrested or detained under
any la4 .roviding 1or .reventive detention9
HH:8< No la4 .roviding 1or .reventive detention shall
authorise the detention o1 a .erson 1or a longer .eriod
than three months unlessC
:a< an Advisory )oard consisting o1 .ersons 4ho
are, or have 3een, or are DualiBed to 3e a..ointed
:%art $$$.C*undamenta# Ri(hts.CArts. 6A;669<
HIns 3y the &onstitution :Eighty;si2th Amendment< Act, 6PP6, s9 6 :4hich is not yet in 1orce, date
to 3e notiBed later on<9
HH&l9 :8< shall stand su3stituted 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 A
:4hich is yet not in 1orce, date to 3e notiBed later on< asC
?:8< No la4 .roviding 1or .reventive detention shall authorise the detention o1 a
.erson 1or a longer .eriod than t4o months unless an Advisory )oard constituted in
acordance 4ith the recommendations o1 the &hie1 -ustice o1 the a..ro.riate Hight &ourt
has re.orted 3e1ore the e2.iration o1 the said .eriod o1 t4o months that there is in its
o.inion suMcient cause 1or such detention,
Provided that an Advisory )oard shall consist o1 a &hairman and not less than t4o
other mem3ers, and the &hairman shall 3e a serving -udge o1 the a..ro.riate High
&ourt and the other men3ers shall 3e serving or retired -udges o1 any High &ourt,
Provided 1urther that nothing in this clause shall authorise the detention o1 any
.erson 3eyond the ma2imum .eriod .rescri3ed 3y any la4 made 3y Parliament under
su3;clause :a< o1 clause :=<9
"xp#anation9CIn this clause, ?a..ro.riate High &ourt@ means,C
:i< in the case o1 the detention o1 a .erson in .ursuance o1 an order o1 detention
made 3y the %overnment o1 India or an oMcer or authority su3ordinate to that %overnment,
the High &ourt 1or the 'nion territory o1 Delhi/
:ii< in the case o1 the detention o1 a .erson in .ursuance o1 an order o1 detention
made 3y the %overnment o1 any "tate :other than a 'nion territory<, the High &ourt 1or
the "tate/ and
:iii< in the case o1 the detention o1 a .erson in .ursuance o1 an order o1 detention
made 3y the administrator o1 a 'nion territory or an oMcer or authority su3ordinate to
such administrator, such High &ourt as may 3e s.eciBed 3y or under any la4 made 3y
Parliament in this 3ehal19@
$ight to education9
Protection against
arrest and
detention in
certain cases9
as, -udges o1 a High &ourt has re.orted 3e1ore the
e2.iration o1 the said .eriod o1 three months that there
is in its o.inion suMcient cause 1or such detention,
Provided that nothing in this su3;clause shall
authorise the detention o1 any .erson 3eyond the
ma2imum .eriod .rescri3ed 3y any la4 made 3y
Parliament under su3;clause :b< o1 clause :=</ or
:b< such .erson is detained in accordance 4ith the
.rovisions o1 any la4 made 3y Parliament under su3clauses
:a< and :b< o1 clause :=<9
:F< When any .erson is detained in .ursuance o1 an
order made under any la4 .roviding 1or .reventive
detention, the authority maEing the order shall, as soon
as may 3e, communicate to such .erson the grounds on
4hich the order has 3een made and shall aGord him the
earliest o..ortunity o1 maEing a re.resentation against
the order9
:>< Nothing in clause :F< shall reDuire the authority
maEing any such order as is re1erred to in that clause to
disclose 1acts 4hich such authority considers to 3e against
the .u3lic interest to disclose9
:=< Parliament may 3y la4 .rescri3eC
H:a< the circumstances under 4hich, and the class
or classes o1 cases in 4hich, a .erson may 3e detained
1or a .eriod longer than three months under any la4
.roviding 1or .reventive detention 4ithout o3taining
the o.inion o1 an Advisory )oard in accordance 4ith
the .rovisions o1 su3;clause :a< o1 clause :8</
HH:b< the ma2imum .eriod 1or 4hich any .erson
may in any class or classes o1 cases 3e detained under
any la4 .roviding 1or .reventive detention/ and
:c< the .rocedure to 3e 1ollo4ed 3y an Advisory
)oard in an inDuiry under HHH!su3;clause :a< o1 clause
:8<*9
:%art $$$.C*undamenta# Ri(hts.CArt. 669<
6
H"u3;clause :a< shall stand omitted 3y the &onstitution :Forty;1ourth Amendment< Act,
7=K, s9 A :4hich is yet not in 1orce, date to 3e notiBed later on<9
HH"u3;clause :b< shall stand relettered as su3;clause :a< 3y s9 A, ibid9 :4hich is yet not in
1orce, date to 3e notiBed later on<9
HHHThe 4ords, letter and Bgure in 3racEets shall stand su3stituted as ?clause :8<@ 3y
s9 A, ibid. :4hich is yet not in 1orce, date to 3e notiBed later on<9
Ri(ht a(ainst "xp#oitation
23. :< TraMc in human 3eings and be(ar and other
similar 1orms o1 1orced la3our are .rohi3ited and any
contravention o1 this .rovision shall 3e an oGence
.unisha3le in accordance 4ith la49
:6< Nothing in this article shall .revent the "tate 1rom
im.osing com.ulsory service 1or .u3lic .ur.oses, and in
im.osing such service the "tate shall not maEe any
discrimination on grounds only o1 religion, race, caste or
class or any o1 them9
24. No child 3elo4 the age o1 1ourteen years shall 3e
em.loyed to 4orE in any 1actory or mine or engaged in
any other ha+ardous em.loyment9
Ri(ht to *reedom o! Re#i(ion
25. :< "u3Nect to .u3lic order, morality and health
and to the other .rovisions o1 this Part, all .ersons are
eDually entitled to 1reedom o1 conscience and the right
1reely to .ro1ess, .ractise and .ro.agate religion9
:6< Nothing in this article shall aGect the o.eration
o1 any e2isting la4 or .revent the "tate 1rom maEing
any la4C
:a< regulating or restricting any economic, Bnancial,
.olitical or other secular activity 4hich may 3e
associated 4ith religious .ractice/
:b< .roviding 1or social 4el1are and re1orm or the
thro4ing o.en o1 Hindu religious institutions o1 a
.u3lic character to all classes and sections o1 Hindus9
"xp#anation $.CThe 4earing and carrying o1 kirpans
shall 3e deemed to 3e included in the .ro1ession o1 the
"iEh religion9
"xp#anation $$.CIn su3;clause :b< o1 clause :6<, the
re1erence to Hindus shall 3e construed as including a
re1erence to .ersons .ro1essing the "iEh, -aina or
)uddhist religion, and the re1erence to Hindu religious
institutions shall 3e construed accordingly9
26. "u3Nect to .u3lic order, morality and health, every
religious denomination or any section thereo1 shall have
the rightC
:a< to esta3lish and maintain institutions 1or
religious and charita3le .ur.oses/
:b< to manage its o4n aGairs in matters o1 religion/
Prohi3ition o1
em.loyment o1
children in
1actories, etc9
Freedom o1
conscience and 1ree
.ro1ession, .ractice
and .ro.agation o1
religion9
Prohi3ition o1
traMc in human
3eings and 1orced
la3our9
Freedom to
manage religious
aGairs9
:%art $$$.C*undamenta# Ri(hts.CArts. 6AC6>9<
A
:c< to o4n and acDuire mova3le and immova3le
.ro.erty/ and
:d< to administer such .ro.erty in accordance 4ith
la49
27. No .erson shall 3e com.elled to .ay any ta2es,
the .roceeds o1 4hich are s.eciBcally a..ro.riated in
.ayment o1 e2.enses 1or the .romotion or maintenance
o1 any .articular religion or religious denomination9
28. :< No religious instruction shall 3e .rovided in
any educational institution 4holly maintained out o1 "tate
1unds9
:6< Nothing in clause :< shall a..ly to an educational
institution 4hich is administered 3y the "tate 3ut has
3een esta3lished under any endo4ment or trust 4hich
reDuires that religious instruction shall 3e im.arted in
such institution9
:A< No .erson attending any educational institution
recognised 3y the "tate or receiving aid out o1 "tate 1unds
shall 3e reDuired to taEe .art in any religious instruction
that may 3e im.arted in such institution or to attend any
religious 4orshi. that may 3e conducted in such
institution or in any .remises attached thereto unless such
.erson or, i1 such .erson is a minor, his guardian has
given his consent thereto9
Cu#tura# and "ducationa# Ri(hts
29. :< Any section o1 the citi+ens residing in the
territory o1 India or any .art thereo1 having a distinct
language, scri.t or culture o1 its o4n shall have the right
to conserve the same9
:6< No citi+en shall 3e denied admission into any
educational institution maintained 3y the "tate or
receiving aid out o1 "tate 1unds on grounds only o1
religion, race, caste, language or any o1 them9
30. :< All minorities, 4hether 3ased on religion or
language, shall have the right to esta3lish and administer
educational institutions o1 their choice9
!:A< In maEing any la4 .roviding 1or the
com.ulsory acDuisition o1 any .ro.erty o1 an educational
institution esta3lished and administered 3y a minority,
Freedom as to
.ayment o1 ta2es
1or .romotion o1
any .articular
religion9
Freedom as to
attendance at
religious
instruction or
religious 4orshi.
in certain
educational
institutions9
Protection o1
interests o1
minorities9
$ight o1 minorities
to esta3lish and
administer
educational
institutions9
Ins9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 8 :49e919 6P;>;7=7<9
:%art $$$.C*undamenta# Ri(hts.CArts. 6>CAP9<
8
re1erred to in clause :<, the "tate shall ensure that the
amount B2ed 3y or determined under such la4 1or the
acDuisition o1 such .ro.erty is such as 4ould not restrict
or a3rogate the right guaranteed under that clause9*
:6< The "tate shall not, in granting aid to educational
institutions, discriminate against any educational
institution on the ground that it is under the management
o1 a minority, 4hether 3ased on religion or language9
H H H
31. !Compu#sory ac)uisition o! property.* Rep. by the
Constitution (*orty-!ourth Amendment) Act 7=K, s. > :w.e.!.
6P;>;7=7<9
6!Sa+in( o! Certain ,aws*
A!31A. 8!:< Not4ithstanding anything contained in
article A, no la4 .roviding 1orC
:a< the acDuisition 3y the "tate o1 any estate or o1
any rights therein or the e2tinguishment or
modiBcation o1 any such rights, or
:b< the taEing over o1 the management o1 any
.ro.erty 3y the "tate 1or a limited .eriod either in
the .u3lic interest or in order to secure the .ro.er
management o1 the .ro.erty, or
:c< the amalgamation o1 t4o or more cor.orations
either in the .u3lic interest or in order to secure the
.ro.er management o1 any o1 the cor.orations,
or
:d< the e2tinguishment or modiBcation o1 any
rights o1 managing agents, secretaries and treasurers,
managing directors, directors or managers o1
cor.orations, or o1 any voting rights o1 shareholders
thereo1, or
"aving o1 la4s
.roviding 1or
acDuisition o1
estates, etc9
The su3;heading ?Ri(ht to %roperty@ omitted 3y the &onstitution :Forty;1ourth
Amendment< Act, 7=K, s9 F :49e919 6P;>;7=7<9
6Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 A :49e919 A;;7==<9
AIns9 3y the &onstitution :First Amendment< Act, 7F, s9 8 :4ith retros.ective eGect<9
8"u3s9 3y the &onstitution :Fourth Amendment< Act, 7FF, s9 A, 1or cl9 :< :4ith
retros.ective eGect<9
:%art $$$.C*undamenta# Ri(hts.CArts. APCAA9<
F
:e< the e2tinguishment or modiBcation o1 any
rights accruing 3y virtue o1 any agreement, lease or
licence 1or the .ur.ose o1 searching 1or, or 4inning,
any mineral or mineral oil, or the .remature
termination or cancellation o1 any such agreement,
lease or licence,
shall 3e deemed to 3e void on the ground that it is
inconsistent 4ith, or taEes a4ay or a3ridges any o1 the
rights con1erred 3y !article 8 or article 7*,
Provided that 4here such la4 is a la4 made 3y the
Legislature o1 a "tate, the .rovisions o1 this article shall
not a..ly thereto unless such la4, having 3een reserved
1or the consideration o1 the President, has received his
assent,*
6!Provided 1urther that 4here any la4 maEes any
.rovision 1or the acDuisition 3y the "tate o1 any estate
and 4here any land com.rised therein is held 3y a .erson
under his .ersonal cultivation, it shall not 3e la41ul 1or
the "tate to acDuire any .ortion o1 such land as is 4ithin
the ceiling limit a..lica3le to him under any la4 1or the
time 3eing in 1orce or any 3uilding or structure standing
thereon or a..urtenant thereto, unless the la4 relating
to the acDuisition o1 such land, 3uilding or structure,
.rovides 1or .ayment o1 com.ensation at a rate 4hich
shall not 3e less than the marEet value thereo19*
:6< In this article,C
A!:a< the e2.ression JJestateJJ shall, in relation to
any local area, have the same meaning as that
e2.ression or its local eDuivalent has in the e2isting
la4 relating to land tenures in 1orce in that area and
shall also includeC
:i< any -a(ir inam or mua. or other similar grant
and in the "tates o1 8!Tamil Nadu* and Rerala,
any -anmam right/
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 =, 1or ?article 8,
article 7 or article A@ :49e919 6P;>;7=7<9
6Ins9 3y the &onstitution :"eventeenth Amendment< Act, 7>8, s9 69
A"u3s9 3y s9 6, ibid9, 1or su3;clause :a< :4ith retros.ective eGect<9
8"u3s9 3y the (adras "tate :Alteration o1 Name< Act, 7>K :FA o1 7>K<, s9 8, 1or
?(adras@9 :49e9919 8;;7>7<9
:%art $$$.C*undamenta# Ri(hts.CArt. AA9<
>
:ii< any land held under ryot4ari settlement/
:iii< any land held or let 1or .ur.oses o1
agriculture or 1or .ur.oses ancillary thereto,
including 4aste land, 1orest land, land 1or .asture
or sites o1 3uildings and other structures occu.ied
3y cultivators o1 land, agricultural la3ourers and
village artisans/*
:b< the e2.ression JJrightsJJ, in relation to an estate,
shall include any rights vesting in a .ro.rietor, su3.ro.rietor,
under;.ro.rietor, tenure;holder, !raiyat
under-raiyat* or other intermediary and any rights or
.rivileges in res.ect o1 land revenue9*
6!31B. Without .reNudice to the generality o1 the
.rovisions contained in article AA, none o1 the Acts and
$egulations s.eciBed in the Ninth "chedule nor any o1
the .rovisions thereo1 shall 3e deemed to 3e void,
or ever to have 3ecome void, on the ground that such Act,
$egulation or .rovision is inconsistent 4ith, or taEes
a4ay or a3ridges any o1 the rights con1erred 3y, any
.rovisions o1 this Part, and not4ithstanding any
Nudgment, decree or order o1 any court or Tri3unal to the
contrary, each o1 the said Acts and $egulations shall,
su3Nect to the .o4er o1 any com.etent Legislature to
re.eal or amend it, continue in 1orce9*
A!31C. Not4ithstanding anything contained in article
A, no la4 giving eGect to the .olicy o1 the "tate to4ards
securing 8!all or any o1 the .rinci.les laid do4n in Part
I#* shall 3e deemed to 3e void on the ground that it is
inconsistent 4ith, or taEes a4ay or a3ridges any o1 the
rights con1erred 3y F!article 8 or article 7*/ >and no #aw
#alidation o1
certain Acts and
$egulations9
Ins9 3y the &onstitution :Fourth Amendment< Act, 7FF, s9 A :4ith retros.ective eGect<9
6Ins9 3y the &onstitution :First Amendment< Act, 7F, s9 F9
AIns9 3y the &onstitution :T4enty;B1th Amendment< Act, 7=, s9 A :49e919 6P;8;7=6<9
8"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 8, 1or ?the .rinci.les
s.eciBed in clause :b< or clause :c< o1 article A7@ :49e919 A;;7==<9 "ection 8 has 3een declared
invalid 3y the "u.reme &ourt in /iner+a /i##s ,td. and others vs9 Union o! $ndia and others
:7KP< 6. "9&9&9 F79
F"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 K, 1or ?article 8,
article 7 or article A@ :49e919 6P;>;7=7<9
>In 0esa+ananda 1harati vs. The State o! 0era#a :7=A) "u..9 "9&9$9 , the "u.reme &ourt
held the .rovisions in italics to 3e invalid9
"aving o1 la4s
giving eGect to
certain directive
.rinci.les9
:%art $$$.C*undamenta# Ri(hts.CArts. AACAC9<
=
containin( a dec#aration that it is !or (i+in( e2ect to such
po#icy sha## be ca##ed in )uestion in any court on the (round
that it does not (i+e e2ect to such po#icy3
Provided that 4here such la4 is made 3y the
Legislature o1 a "tate, the .rovisions o1 this article shall not
a..ly thereto unless such la4, having 3een reserved 1or
the consideration o1 the President, has received his assent9
31D. !Sa+in( o! #aws in respect o! anti-nationa# acti+ities.*
Rep. by the Constitution (*orty-third Amendment) Act 7==,
s. 6 :w.e.!. A;8;7=K<9
Ri(ht to Constitutiona# Remedies
32. :< The right to move the "u.reme &ourt 3y
a..ro.riate .roceedings 1or the en1orcement o1 the rights
con1erred 3y this Part is guaranteed9
:6< The "u.reme &ourt shall have .o4er to issue
directions or orders or 4rits, including 4rits in the nature
o1 habeas corpus mandamus prohibition )uo warranto and
certiorari, 4hichever may 3e a..ro.riate, 1or the
en1orcement o1 any o1 the rights con1erred 3y this Part9
:A< Without .reNudice to the .o4ers con1erred on the
"u.reme &ourt 3y clauses :< and :6<, Parliament may 3y
la4 em.o4er any other court to e2ercise 4ithin the local
limits o1 its Nurisdiction all or any o1 the .o4ers e2ercisa3le
3y the "u.reme &ourt under clause :6<9
:8< The right guaranteed 3y this article shall not 3e
sus.ended e2ce.t as other4ise .rovided 1or 3y this
&onstitution9
632A. !Constitutiona# +a#idity o! State #aws not to be
considered in proceedin(s under artic#e A69* Rep. by the
Constitution (*orty-third Amendment) Act 7==, s. A :w.e.!.
A;8;7=K<9
$emedies 1or
en1orcement o1
rights con1erred 3y
this Part9
Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 F :49e919 A;;7==<9
6Ins9 3y s9 >, ibid9 :49e919 ;6;7==<9
:%art $$$.C*undamenta# Ri(hts.CArts. ACCA6A9<
K
!33. Parliament may, 3y la4, determine to 4hat e2tent
any o1 the rights con1erred 3y this Part shall, in their
a..lication to,C
:a< the mem3ers o1 the Armed Forces/ or
:b< the mem3ers o1 the Forces charged 4ith the
maintenance o1 .u3lic order/ or
:c< .ersons em.loyed in any 3ureau or other
organisation esta3lished 3y the "tate 1or .ur.oses o1
intelligence or counter intelligence/ or
:d< .erson em.loyed in, or in connection 4ith,
the telecommunication systems set u. 1or the
.ur.oses o1 any Force, 3ureau or organisation
re1erred to in clauses :a< to :c<,
3e restricted or a3rogated so as to ensure the .ro.er
discharge o1 their duties and the maintenance o1
disci.line among them9*
34. Not4ithstanding anything in the 1oregoing
.rovisions o1 this Part, Parliament may 3y la4 indemni1y
any .erson in the service o1 the 'nion or o1 a "tate or
any other .erson in res.ect o1 any act done 3y him in
connection 4ith the maintenance or restoration o1 order
in any area 4ithin the territory o1 India 4here martial
la4 4as in 1orce or validate any sentence .assed,
.unishment inQicted, 1or1eiture ordered or other act done
under martial la4 in such area9
35. Not4ithstanding anything in this &onstitution,C
:a< Parliament shall have, and the Legislature o1
a "tate shall not have, .o4er to maEe la4sC
:i< 4ith res.ect to any o1 the matters 4hich
under clause :A< o1 article >, clause :A< o1 article
A6, article AA and article A8 may 3e .rovided 1or
3y la4 made 3y Parliament/ and
:ii< 1or .rescri3ing .unishment 1or those acts
4hich are declared to 3e oGences under this Part/
Po4er o1
Parliament to
modi1y the rights
con1erred 3y this
Part in their
a..lication to
Forces, etc9
$estriction on
rights con1erred 3y
this Part 4hile
martial la4 is in
1orce in any area9
Legislation to give
eGect to the
.rovisions o1 this
Part9
"u3s9 3y the &onstitution :Fi1tieth Amendment< Act, 7K8, s9 6, 1or art9 AA9
:%art $$$.C*undamenta# Ri(hts.CArts. AACAF9<
7
and Parliament shall, as soon as may 3e a1ter the
commencement o1 this &onstitution, maEe la4s
1or .rescri3ing .unishment 1or the acts re1erred
to in su3;clause :ii</
:b< any la4 in 1orce immediately 3e1ore the
commencement o1 this &onstitution in the territory
o1 India 4ith res.ect to any o1 the matters re1erred to
in su3;clause :i< o1 clause :a< or .roviding 1or
.unishment 1or any act re1erred to in su3;clause :ii<
o1 that clause shall, su3Nect to the terms thereo1 and
to any ada.tations and modiBcations that may 3e
made therein under article A=6, continue in 1orce until
altered or re.ealed or amended 3y Parliament9
"xp#anation.CIn this article, the e2.ression ?la4 in
1orce@ has the same meaning as in article A=69
:%art $$$.C*undamenta# Ri(hts.CArt. AF9<
6P
PART IV
DI$E&TI#E P$IN&IPLE" OF "TATE POLI&0
?the "tate@ has the same meaning as in Part III9
37. The .rovisions contained in this Part shall not 3e
en1orcea3le 3y any court, 3ut the .rinci.les therein laid
do4n are nevertheless 1undamental in the governance o1
the country and it shall 3e the duty o1 the "tate to a..ly
these .rinci.les in maEing la4s9
38. !:<* The "tate shall strive to .romote the 4el1are
o1 the .eo.le 3y securing and .rotecting as eGectively as
it may a social order in 4hich Nustice, social, economic
and .olitical, shall in1orm all the institutions o1 the
national li1e9
6!:6< The "tate shall, in .articular, strive to minimise
the ineDualities in income, and endeavour to eliminate
ineDualities in status, 1acilities and o..ortunities, not
only amongst individuals 3ut also amongst grou.s o1
.eo.le residing in diGerent areas or engaged in diGerent
vocations9*
39. The "tate shall, in .articular, direct its .olicy
to4ards securingC
:a< that the citi+ens, men and 4omen eDually, have
the right to an adeDuate means o1 livelihood/
:b< that the o4nershi. and control o1 the material
resources o1 the community are so distri3uted as 3est
to su3serve the common good/
:c< that the o.eration o1 the economic system does
not result in the concentration o1 4ealth and means
o1 .roduction to the common detriment/
:d< that there is eDual .ay 1or eDual 4orE 1or 3oth
men and 4omen/
DeBnition9
A..lication o1 the
.rinci.les
contained in this
Part9
"tate to secure a
social order 1or
the .romotion o1
4el1are o1 the
.eo.le9
&ertain .rinci.les
o1 .olicy to 3e
1ollo4ed 3y the
"tate9
Art9 AK renum3ered as cl9 :< thereo1 3y the &onstitution :Forty;1ourth Amendment<
Act, 7=K, s9 7 :49e919 6P;>;7=7<9
6Ins9 3y s9 7, ibid. :49e91 6P;>;7=7<9
6
:e< that the health and strength o1 4orEers, men
and 4omen, and the tender age o1 children are not
a3used and that citi+ens are not 1orced 3y economic
necessity to enter avocations unsuited to their age or
strength/
!:!< that children are given o..ortunities and
1acilities to develo. in a healthy manner and in
conditions o1 1reedom and dignity and that childhood
and youth are .rotected against e2.loitation and
against moral and material a3andonment9*
6!39A. The "tate shall secure that the o.eration o1 the
legal system .romotes Nustice, on a 3asis o1 eDual
o..ortunity, and shall, in .articular, .rovide 1ree legal
aid, 3y suita3le legislation or schemes or in any other
4ay, to ensure that o..ortunities 1or securing Nustice are
not denied to any citi+en 3y reason o1 economic or other
disa3ilities9*
40. The "tate shall taEe ste.s to organise village
.anchayats and endo4 them 4ith such .o4ers and
authority as may 3e necessary to ena3le them to 1unction
as units o1 sel1;government9
41. The "tate shall, 4ithin the limits o1 its economic
ca.acity and develo.ment, maEe eGective .rovision 1or
securing the right to 4orE, to education and to .u3lic
assistance in cases o1 unem.loyment, old age, sicEness
and disa3lement, and in other cases o1 undeserved 4ant9
42. The "tate shall maEe .rovision 1or securing Nust
and humane conditions o1 4orE and 1or maternity relie19
43. The "tate shall endeavour to secure, 3y suita3le
legislation or economic organisation or in any other 4ay,
to all 4orEers, agricultural, industrial or other4ise, 4orE,
a living 4age, conditions o1 4orE ensuring a decent
"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 =, 1or cl9 :!< :49e919
A;;7==<9
6Ins9 3y s9 K, ibid. :49e919 A;;7==<9
EDual Nustice and
1ree legal aid9
Organisation o1
village .anchayats9
$ight to 4orE, to
education and to
.u3lic assistance
in certain cases9
Provision 1or Nust
and humane
conditions o1 4orE
and maternity
relie19
Living 4age, etc9,
1or 4orEers9
:%art $4.C5irecti+e %rincip#es o! State %o#icy.C
Arts. A7C8A9<
66
standard o1 li1e and 1ull enNoyment o1 leisure and social
and cultural o..ortunities and, in .articular, the "tate
shall endeavour to .romote cottage industries on an
individual or co;o.erative 3asis in rural areas9
!43A. The "tate shall taEe ste.s, 3y suita3le legislation
or in any other 4ay, to secure the .artici.ation o1 4orEers
in the management o1 undertaEings, esta3lishments or
other organisations engaged in any industry9*
44. The "tate shall endeavour to secure 1or the citi+ens
a uni1orm civil code throughout the territory o1 India9
*!45. The "tate shall endeavour to .rovide, 4ithin a
.eriod o1 ten years 1rom the commencement o1 this
&onstitution, 1or 1ree and com.ulsory education 1or all
children until they com.lete the age o1 1ourteen years9*
46. The "tate shall .romote 4ith s.ecial care the
educational and economic interests o1 the 4eaEer sections
o1 the .eo.le, and, in .articular, o1 the "cheduled &astes
and the "cheduled Tri3es, and shall .rotect them 1rom
social inNustice and all 1orms o1 e2.loitation9
47. The "tate shall regard the raising o1 the level o1
nutrition and the standard o1 living o1 its .eo.le and the
im.rovement o1 .u3lic health as among its .rimary
duties and, in .articular, the "tate shall endeavour to
3ring a3out .rohi3ition o1 the consum.tion e2ce.t 1or
medicinal .ur.oses o1 into2icating drinEs and o1 drugs
4hich are inNurious to health9
48. The "tate shall endeavour to organise agriculture
and animal hus3andry on modern and scientiBc lines
and shall, in .articular, taEe ste.s 1or .reserving and
im.roving the 3reeds, and .rohi3iting the slaughter, o1
co4s and calves and other milch and draught cattle9
Partici.ation o1
4orEers in
management o1
industries9
'ni1orm civil code
1or the citi+ens9
Provision 1or 1ree
and com.ulsory
education 1or
children9
Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 7 :49e919 A;;7==<9
*Art9 8F shall stand su3stituted 3y the &onstitution :Eighty;si2th Amendment< Act,
6PP6, s9 A :4hich is yet not in 1orce, date to 3e notiBed later on< asC
?8F9 Pr!"#"$ %r &'r() *+"(,+, *'r& '$, &,-*'."$ . *+"(,r&$ /&(0 .+&
'1& % #"2 )&'r#9CThe "tate shall endeavour to .rovide early childhood care and education
1or all children until they com.lete the age o1 si2 years9@9
Promotion o1
educational and
economic interests
o1 "cheduled
&astes, "cheduled
Tri3es and other
4eaEer sections9
Duty o1 the "tate
to raise the level
o1 nutrition and
the standard o1
living and to
im.rove .u3lic
health9
Organisation o1
agriculture and
animal hus3andry9
Arts. 8AC8KA9<
6A
Protection and
im.rovement o1
environment and
sa1eguarding o1
1orests and 4ild
li1e9
!48A. The "tate shall endeavour to .rotect and
im.rove the environment and to sa1eguard the 1orests
and 4ild li1e o1 the country9*
49. It shall 3e the o3ligation o1 the "tate to .rotect
every monument or .lace or o3Nect o1 artistic or historic
interest, 6!declared 3y or under la4 made 3y Parliament*
to 3e o1 national im.ortance, 1rom s.oliation,
disBgurement, destruction, removal, dis.osal or e2.ort,
as the case may 3e9
50. The "tate shall taEe ste.s to se.arate the Nudiciary
1rom the e2ecutive in the .u3lic services o1 the "tate9
51. The "tate shall endeavour toC
:a< .romote international .eace and security/
:b< maintain Nust and honoura3le relations 3et4een
nations/
:c< 1oster res.ect 1or international la4 and treaty
o3ligations in the dealings o1 organi+ed .eo.les 4ith
one another/ and
:d< encourage settlement o1 international dis.utes
3y ar3itration9
Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 P :49e919
A;;7==<9
6"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 6=, 1or ?declared 3y
Parliament 3y la4@9
Protection o1
monuments and
.laces and o3Nects
o1 national
im.ortance9
"e.aration o1
Nudiciary 1rom
e2ecutive9
Arts. 8KACF9<
68
Promotion o1
international .eace
and security9
!PART IVA
F'NDA(ENTAL D'TIE"
51A. It shall 3e the duty o1 every citi+en o1 IndiaC
:a< to a3ide 3y the &onstitution and res.ect its
ideals and institutions, the National Flag and the
National Anthem/
:b< to cherish and 1ollo4 the no3le ideals 4hich
ins.ired our national struggle 1or 1reedom/
:c< to u.hold and .rotect the sovereignty, unity
and integrity o1 India/
:d< to de1end the country and render national
service 4hen called u.on to do so/
:e< to .romote harmony and the s.irit o1 common
3rotherhood amongst all the .eo.le o1 India
transcending religious, linguistic and regional or
sectional diversities/ to renounce .ractices derogatory
to the dignity o1 4omen/
:!< to value and .reserve the rich heritage o1 our
com.osite culture/
:(< to .rotect and im.rove the natural environment
including 1orests, laEes, rivers and 4ild li1e, and to
have com.assion 1or living creatures/
:h< to develo. the scientiBc tem.er, humanism and
the s.irit o1 inDuiry and re1orm/
:i< to sa1eguard .u3lic .ro.erty and to a3Nure
violence/
:-< to strive to4ards e2cellence in all s.heres o1
individual and collective activity so that the nation
constantly rises to higher levels o1 endeavour and
achievement/
H!:k< 4ho is a .arent or guardian to .rovide
o..ortunities 1or education to his child or, as the
case may 3e, 4ard 3et4een the age o1 si2 and
1ourteen years9*
Fundamental
duties9
Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 :49e919 A;;7==<9
HIns9 3y the &onstitution :Eighty;si2th Amendment< Act, 6PP6, s9 8 :4hich is yet not in
6F
PART V
THE 'NION
&HAPTE$ I9CTHE ESE&'TI#E
The %resident and 4ice-%resident
52. There shall 3e a President o1 India9
53. :< The e2ecutive .o4er o1 the 'nion shall 3e
vested in the President and shall 3e e2ercised 3y him
either directly or through oMcers su3ordinate to him in
accordance 4ith this &onstitution9
:6< Without .reNudice to the generality o1 the
1oregoing .rovision, the su.reme command o1 the
De1ence Forces o1 the 'nion shall 3e vested in the
President and the e2ercise thereo1 shall 3e regulated 3y
la49
:A< Nothing in this article shallC
:a< 3e deemed to trans1er to the President any
1unctions con1erred 3y any e2isting la4 on the
%overnment o1 any "tate or other authority/ or
:b< .revent Parliament 1rom con1erring 3y la4
1unctions on authorities other than the President9
54. The President shall 3e elected 3y the mem3ers o1
an electoral college consisting o1C
:a< the elected mem3ers o1 3oth Houses o1
Parliament/ and
:b< the elected mem3ers o1 the Legislative
Assem3lies o1 the "tates9
!"xp#anation.CIn this article and in article FF, JJ"tateJJ
includes the National &a.ital Territory o1 Delhi and the
'nion territory o1 HPondicherry9*
The President o1
India9
E2ecutive .o4er
o1 the 'nion9
Ins9 3y the &onstitution :"eventieth Amendment< Act, 776, s9 6 :49e919 ;>;77F<9
HNo4 Puducherry, +ide the Pondicherry :Alteration o1 Name< Act, 6PP>, s9 A :49e919
;P;6PP><9
6>
Election o1
President9
55. :< As 1ar as .ractica3le, there shall 3e uni1ormity
in the scale o1 re.resentation o1 the diGerent "tates at the
election o1 the President9
:6< For the .ur.ose o1 securing such uni1ormity
among the "tates inter se as 4ell as .arity 3et4een the
"tates as a 4hole and the 'nion, the num3er o1 votes
4hich each elected mem3er o1 Parliament and o1 the
Legislative Assem3ly o1 each "tate is entitled to cast at
such election shall 3e determined in the 1ollo4ing
manner,C
:a< every elected mem3er o1 the Legislative
Assem3ly o1 a "tate shall have as many votes as
there are multi.les o1 one thousand in the Duotient
o3tained 3y dividing the .o.ulation o1 the "tate 3y
the total num3er o1 the elected mem3ers o1 the
Assem3ly/
:b< i1, a1ter taEing the said multi.les o1 one
thousand, the remainder is not less than Bve
hundred, then the vote o1 each mem3er re1erred to
in su3;clause :a< shall 3e 1urther increased 3y one/
:c< each elected mem3er o1 either House o1
Parliament shall have such num3er o1 votes as may
3e o3tained 3y dividing the total num3er o1 votes
assigned to the mem3ers o1 the Legislative
Assem3lies o1 the "tates under su3;clauses :a< and
:b< 3y the total num3er o1 the elected mem3ers o1
3oth Houses o1 Parliament, 1ractions e2ceeding onehal1
3eing counted as one and other 1ractions 3eing
disregarded9
:A< The election o1 the President shall 3e held in
accordance 4ith the system o1 .ro.ortional
re.resentation 3y means o1 the single trans1era3le vote
and the voting at such election shall 3e 3y secret 3allot9
!"xp#anation.CIn this article, the e2.ression
JJ.o.ulationJJ means the .o.ulation as ascertained at the
last .receding census o1 4hich the relevant Bgures have
3een .u3lished,
Provided that the re1erence in this "xp#anation to the
(anner o1 election
o1 President9
"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 6, 1or the "xp#anation
:49e919 A;;7==<9
:%art 4.CThe Union.CArt. FF9<
6=
3een .u3lished shall, until the relevant Bgures 1or the
Brst census taEen a1ter the year !6P6>* have 3een
.u3lished, 3e construed as a re1erence to the 7= census9*
56. :< The President shall hold oMce 1or a term o1
Bve years 1rom the date on 4hich he enters u.on his
oMce,
Provided thatC
:a< the President may, 3y 4riting under his hand
addressed to the #ice;President, resign his oMce/
:b< the President may, 1or violation o1 the
&onstitution, 3e removed 1rom oMce 3y im.eachment
in the manner .rovided in article >/
:c< the President shall, not4ithstanding the
e2.iration o1 his term, continue to hold oMce until
his successor enters u.on his oMce9
:6< Any resignation addressed to the #ice;President
under clause :a< o1 the .roviso to clause :< shall 1orth4ith
3e communicated 3y him to the ".eaEer o1 the House o1
the Peo.le9
57. A .erson 4ho holds, or 4ho has held, oMce as
President shall, su3Nect to the other .rovisions o1 this
&onstitution, 3e eligi3le 1or re;election to that oMce9
58. :< No .erson shall 3e eligi3le 1or election as
President unless heC
:a< is a citi+en o1 India,
:b< has com.leted the age o1 thirty;Bve years, and
:c< is DualiBed 1or election as a mem3er o1 the
House o1 the Peo.le9
:6< A .erson shall not 3e eligi3le 1or election as
President i1 he holds any oMce o1 .roBt under the
%overnment o1 India or the %overnment o1 any "tate or
under any local or other authority su3Nect to the control
o1 any o1 the said %overnments9
Term o1 oMce o1
President9
5ualiBcations 1or
election as
President9
Eligi3ility 1or reelection9
"u3s9 3y the &onstitution :Eighty;1ourth Amendment< Act, 6PP, s9 6, 1or ?6PPP@9
:%art 4.CThe Union.CArts. FFCFK9<
6K
"xp#anation.CFor the .ur.oses o1 this article, a .erson
shall not 3e deemed to hold any oMce o1 .roBt 3y reason
only that he is the President or #ice;President o1 the
'nion or the %overnor HHH o1 any "tate or is a (inister
either 1or the 'nion or 1or any "tate9
59. :< The President shall not 3e a mem3er o1 either
House o1 Parliament or o1 a House o1 the Legislature o1
any "tate, and i1 a mem3er o1 either House o1 Parliament
or o1 a House o1 the Legislature o1 any "tate 3e elected
President, he shall 3e deemed to have vacated his seat in
that House on the date on 4hich he enters u.on his
oMce as President9
:6< The President shall not hold any other oMce o1
.roBt9
:A< The President shall 3e entitled 4ithout .ayment
o1 rent to the use o1 his oMcial residences and shall 3e
also entitled to such emoluments, allo4ances and
.rivileges as may 3e determined 3y Parliament 3y la4
and, until .rovision in that 3ehal1 is so made, such
emoluments, allo4ances and .rivileges as are s.eciBed
in the "econd "chedule9
:8< The emoluments and allo4ances o1 the President
shall not 3e diminished during his term o1 oMce9
60. Every President and every .erson acting as
President or discharging the 1unctions o1 the President
shall, 3e1ore entering u.on his oMce, maEe and su3scri3e
in the .resence o1 the &hie1 -ustice o1 India or, in his
a3sence, the senior;most -udge o1 the "u.reme &ourt
availa3le, an oath or aMrmation in the 1ollo4ing 1orm,
that is to sayC
II, A9)9, do s4ear in the name o1 %od that I 4ill 1aithsolemnly
aMrm
1ully e2ecute the oMce o1 President :or discharge
the 1unctions o1 the President< o1 India and 4ill to the
3est o1 my a3ility .reserve, .rotect and de1end the
&onditions o1
PresidentJs oMce9
Oath or aMrmation
3y the President9
The 4ords ?or $aN.ramuEh or '.araN.ramuEh@ omitted 3y the &onstitution :"eventh
Amendment< Act, 7F>, s9 67 and "ch9
:%art 4.CThe Union.CArts. FKC>P9<
67
&onstitution and the la4 and that I 4ill devote mysel1 to
the service and 4ell;3eing o1 the .eo.le o1 India@9
61. :< When a President is to 3e im.eached 1or
violation o1 the &onstitution, the charge shall 3e .re1erred
3y either House o1 Parliament9
:6< No such charge shall 3e .re1erred unlessC
:a< the .ro.osal to .re1er such charge is contained
in a resolution 4hich has 3een moved a1ter at least
1ourteen daysJ notice in 4riting signed 3y not less
than one;1ourth o1 the total num3er o1 mem3ers o1
the House has 3een given o1 their intention to move
the resolution, and
:b< such resolution has 3een .assed 3y a maNority
o1 not less than t4o;thirds o1 the total mem3ershi.
o1 the House9
:A< When a charge has 3een so .re1erred 3y either
House o1 Parliament, the other House shall investigate
the charge or cause the charge to 3e investigated and the
President shall have the right to a..ear and to 3e
re.resented at such investigation9
:8< I1 as a result o1 the investigation a resolution is
.assed 3y a maNority o1 not less than t4o;thirds o1 the
total mem3ershi. o1 the House 3y 4hich the charge 4as
investigated or caused to 3e investigated, declaring that
the charge .re1erred against the President has 3een
sustained, such resolution shall have the eGect o1 removing
the President 1rom his oMce as 1rom the date on 4hich
the resolution is so .assed9
62. :< An election to Bll a vacancy caused 3y the
e2.iration o1 the term o1 oMce o1 President shall 3e
com.leted 3e1ore the e2.iration o1 the term9
:6< An election to Bll a vacancy in the oMce o1
President occurring 3y reason o1 his death, resignation or
removal, or other4ise shall 3e held as soon as .ossi3le
a1ter, and in no case later than si2 months 1rom, the date
o1 occurrence o1 the vacancy/ and the .erson elected to Bll
the vacancy shall, su3Nect to the .rovisions o1 article F>,
Procedure 1or
im.eachment o1
the President9
Time o1 holding
election to Bll
vacancy in the
oMce o1 President
and the term o1
oMce o1 .erson
elected to Bll
casual vacancy9
:%art 4.CThe Union.CArts. >PC>69<
AP
3e entitled to hold oMce 1or the 1ull term o1 Bve years 1rom
the date on 4hich he enters u.on his oMce9
63. There shall 3e a #ice;President o1 India9
64. The #ice;President shall 3e ex o6cio &hairman o1
the &ouncil o1 "tates and shall not hold any other oMce
o1 .roBt,
Provided that during any .eriod 4hen the #ice;
President acts as President or discharges the 1unctions o1
the President under article >F, he shall not .er1orm the
duties o1 the oMce o1 &hairman o1 the &ouncil o1 "tates
and shall not 3e entitled to any salary or allo4ance
.aya3le to the &hairman o1 the &ouncil o1 "tates under
article 7=9
65. :< In the event o1 the occurrence o1 any vacancy
in the oMce o1 the President 3y reason o1 his death,
resignation or removal, or other4ise, the #ice;President
shall act as President until the date on 4hich a ne4
President elected in accordance 4ith the .rovisions o1
this &ha.ter to Bll such vacancy enters u.on his oMce9
:6< When the President is una3le to discharge his
1unctions o4ing to a3sence, illness or any other cause,
the #ice;President shall discharge his 1unctions until the
date on 4hich the President resumes his duties9
:A< The #ice;President shall, during, and in res.ect
o1, the .eriod 4hile he is so acting as, or discharging the
1unctions o1, President, have all the .o4ers and
immunities o1 the President and 3e entitled to such
emoluments, allo4ances and .rivileges as may 3e
determined 3y Parliament 3y la4 and, until .rovision in
that 3ehal1 is so made, such emoluments, allo4ances
and .rivileges as are s.eciBed in the "econd "chedule9
66. :< The #ice;President shall 3e elected 3y the
!mem3ers o1 an electoral college consisting o1 the
mem3ers o1 3oth Houses o1 Parliament* in accordance
The #ice;President
o1 India9
The #ice;President
to 3e ex o6cio
&hairman o1 the
&ouncil o1 "tates9
The #ice;President
to act as President
or to discharge his
1unctions during
casual vacancies in
the oMce, or
during the a3sence,
o1 President9
Election o1 #ice;
President9
"u3s9 3y the &onstitution :Eleventh Amendment< Act, 7>, s9 6, 1or ?mem3ers o1 3oth
Houses o1 Parliament assem3led at a Noint meeting@9
:%art 4.CThe Union.CArts. >6C>>9<
A
4ith the system o1 .ro.ortional re.resentation 3y means
o1 the single trans1era3le vote and the voting at such
election shall 3e 3y secret 3allot9
:6< The #ice;President shall not 3e a mem3er o1 either
any "tate, and i1 a mem3er o1 either House o1 Parliament
or o1 a House o1 the Legislature o1 any "tate 3e elected
#ice;President, he shall 3e deemed to have vacated his
seat in that House on the date on 4hich he enters u.on
his oMce as #ice;President9
:A< No .erson shall 3e eligi3le 1or election as #ice;
President unless heC
:a< is a citi+en o1 India/
:b< has com.leted the age o1 thirty;Bve years/ and
:c< is DualiBed 1or election as a mem3er o1 the
&ouncil o1 "tates9
:8< A .erson shall not 3e eligi3le 1or election as #ice;
President i1 he holds any oMce o1 .roBt under the
%overnment o1 India or the %overnment o1 any "tate or
under any local or other authority su3Nect to the control
o1 any o1 the said %overnments9
"xp#anation.CFor the .ur.oses o1 this article, a .erson
shall not 3e deemed to hold any oMce o1 .roBt 3y reason
only that he is the President or #ice;President o1 the
'nion or the %overnor HHH o1 any "tate or is a (inister
either 1or the 'nion or 1or any "tate9
67. The #ice;President shall hold oMce 1or a term o1
Bve years 1rom the date on 4hich he enters u.on his
oMce,
Provided thatC
:a< a #ice;President may, 3y 4riting under his hand
addressed to the President, resign his oMce/
Term o1 oMce o1
#ice;President9
The 4ords ?or $aN.ramuEh or '.araN.ramuEh@ omitted 3y the &onstitution :"eventh
:%art 4.CThe Union.CArts. >>C>=9<
A6
:b< a #ice;President may 3e removed 1rom his oMce
3y a resolution o1 the &ouncil o1 "tates .assed 3y a
maNority o1 all the then mem3ers o1 the &ouncil and
agreed to 3y the House o1 the Peo.le/ 3ut no resolution
1or the .ur.ose o1 this clause shall 3e moved unless
at least 1ourteen daysJ notice has 3een given o1 the
intention to move the resolution/
:c< a #ice;President shall, not4ithstanding the
e2.iration o1 his term, continue to hold oMce until
his successor enters u.on his oMce9
68. :< An election to Bll a vacancy caused 3y the
e2.iration o1 the term o1 oMce o1 #ice;President shall 3e
com.leted 3e1ore the e2.iration o1 the term9
:6< An election to Bll a vacancy in the oMce o1 #ice;
President occurring 3y reason o1 his death, resignation or
removal, or other4ise shall 3e held as soon as .ossi3le
a1ter the occurrence o1 the vacancy, and the .erson elected
to Bll the vacancy shall, su3Nect to the .rovisions o1
article >=, 3e entitled to hold oMce 1or the 1ull term o1 Bve
years 1rom the date on 4hich he enters u.on his oMce9
69. Every #ice;President shall, 3e1ore entering u.on
his oMce, maEe and su3scri3e 3e1ore the President, or
some .erson a..ointed in that 3ehal1 3y him, an oath or
aMrmation in the 1ollo4ing 1orm, that is to sayC
?I, A9)9, do s4ear in the name o1 %od that I 4ill 3ear true
1aith and allegiance to the &onstitution o1 India as 3y
la4 esta3lished and that I 4ill 1aith1ully discharge the
duty u.on 4hich I am a3out to enter9@
70. Parliament may maEe such .rovisions as it thinEs
Bt 1or the discharge o1 the 1unctions o1 the President in
any contingency not .rovided 1or in this &ha.ter9
!71. :< All dou3ts and dis.utes arising out o1 or in
connection 4ith the election o1 a President or #ice;
President shall 3e inDuired into and decided 3y the
"u.reme &ourt 4hose decision shall 3e Bnal9
Time o1 holding
election to Bll
vacancy in the
oMce o1 #ice;
President and the
term o1 oMce o1
.erson elected to
Bll casual vacancy9
Oath or aMrmation
3y the #ice;
President9
Discharge o1
PresidentJs
1unctions in other
contingencies9
(atters relating
to, or connected
4ith, the election
o1 a President or
#ice;President9
Art9 = has 3een successively su3s9 3y the &onstitution :Thirty;ninth Amendment<
Act, 7=F, s9 6 :49e919 P;K;7=F< and the &onstitution :Forty;1ourth Amendment< Act, 7=K,
s9 P, to read as a3ove :49e919 6P;>;7=7<9
solemnly aMrm
:%art 4.CThe Union.CArts. >=C=9<
AA
:6< I1 the election o1 a .erson as President or #ice;
President is declared void 3y the "u.reme &ourt, acts
done 3y him in the e2ercise and .er1ormance o1 the
.o4ers and duties o1 the oMce o1 President or #ice;
President, as the case may 3e, on or 3e1ore the date o1
the decision o1 the "u.reme &ourt shall not 3e invalidated
3y reason o1 that declaration9
:A< "u3Nect to the .rovisions o1 this &onstitution,
Parliament may 3y la4 regulate any matter relating to or
connected 4ith the election o1 a President or #ice;
President9
:8< The election o1 a .erson as President or #ice;
President shall not 3e called in Duestion on the ground
o1 the e2istence o1 any vacancy 1or 4hatever reason
among the mem3ers o1 the electoral college electing him9*
72. :< The President shall have the .o4er to grant
.ardons, re.rieves, res.ites or remissions o1 .unishment
or to sus.end, remit or commute the sentence o1 any
.erson convicted o1 any oGenceC
:a< in all cases 4here the .unishment or sentence
is 3y a &ourt (artial/
:b< in all cases 4here the .unishment or sentence
is 1or an oGence against any la4 relating to a matter
to 4hich the e2ecutive .o4er o1 the 'nion e2tends/
:c< in all cases 4here the sentence is a sentence o1
death9
:6< Nothing in su3;clause :a< o1 clause :< shall aGect
the .o4er con1erred 3y la4 on any oMcer o1 the Armed
Forces o1 the 'nion to sus.end, remit or commute a
sentence .assed 3y a &ourt (artial9
:A< Nothing in su3;clause :c< o1 clause :< shall aGect
the .o4er to sus.end, remit or commute a sentence o1
death e2ercisa3le 3y the %overnor HHH o1 a "tate under
any la4 1or the time 3eing in 1orce9
Po4er o1 President
to grant .ardons,
etc9, and to
sus.end, remit or
commute sentences
in certain cases9
The 4ords ?or $aN.ramuEh ? omitted 3y the &onstitution :"eventh Amendment< Act,
7F>, s9 67 and "ch9
:%art 4.CThe Union.CArts. =C=69<
A8
73. :< "u3Nect to the .rovisions o1 this &onstitution,
the e2ecutive .o4er o1 the 'nion shall e2tendC
:a< to the matters 4ith res.ect to 4hich Parliament
has .o4er to maEe la4s/ and
:b< to the e2ercise o1 such rights, authority and
Nurisdiction as are e2ercisa3le 3y the %overnment o1
India 3y virtue o1 any treaty or agreement,
Provided that the e2ecutive .o4er re1erred to in su3clause
:a< shall not, save as e2.ressly .rovided in this
&onstitution or in any la4 made 3y Parliament, e2tend in
any "tate HHH to matters 4ith res.ect to 4hich the
Legislature o1 the "tate has also .o4er to maEe la4s9
:6< 'ntil other4ise .rovided 3y Parliament, a "tate
and any oMcer or authority o1 a "tate may,
not4ithstanding anything in this article, continue to
e2ercise in matters 4ith res.ect to 4hich Parliament has
.o4er to maEe la4s 1or that "tate such e2ecutive .o4er
or 1unctions as the "tate or oMcer or authority thereo1
could e2ercise immediately 3e1ore the commencement o1
this &onstitution9
Counci# o! /inisters
74. 6!:< There shall 3e a &ouncil o1 (inisters 4ith
the Prime (inister at the head to aid and advise the
President 4ho shall, in the e2ercise o1 his 1unctions, act
in accordance 4ith such advice,*
A!Provided that the President may reDuire the &ouncil
o1 (inisters to reconsider such advice, either generally
or other4ise, and the President shall act in accordance
4ith the advice tendered a1ter such reconsideration9*
:6< The Duestion 4hether any, and i1 so 4hat, advice
4as tendered 3y (inisters to the President shall not 3e
inDuired into in any court9
E2tent o1 e2ecutive
.o4er o1 the
'nion9
&ouncil o1
(inisters to aid
and advise
President9
6"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 A, 1or cl9 :< :49e919
A;;7==<9
AIns9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 :49e919 6P;>;7=7<9
:%art 4.CThe Union.CArts. =AC=89<
AF
75. :< The Prime (inister shall 3e a..ointed 3y the
President and the other (inisters shall 3e a..ointed 3y
the President on the advice o1 the Prime (inister9
!:A< The total num3er o1 (inisters, including the
Prime (inister, in the &ouncil o1 (inisters shall not
e2ceed B1teen .er cent9 o1 the total num3er o1 mem3ers
o1 the House o1 the Peo.le9
:)< A mem3er o1 either House o1 Parliament
3elonging to any .olitical .arty 4ho is disDualiBed 1or
3eing a mem3er o1 that House under .aragra.h 6 o1 the
Tenth "chedule shall also 3e disDualiBed to 3e a..ointed
as a (inister under clause :< 1or duration o1 the .eriod
commencing 1rom the date o1 his disDualiBcation till the
date on 4hich the term o1 his oMce as such mem3er
4ould e2.ire or 4here he contests any election to either
House o1 Parliament 3e1ore the e2.iry o1 such .eriod, till
the date on 4hich he is declared elected, 4hichever is
earlier9*
:6< The (inisters shall hold oMce during the .leasure
o1 the President9
:A< The &ouncil o1 (inisters shall 3e collectively
res.onsi3le to the House o1 the Peo.le9
:8< )e1ore a (inister enters u.on his oMce, the
President shall administer to him the oaths o1 oMce and
o1 secrecy according to the 1orms set out 1or the .ur.ose
in the Third "chedule9
:F< A (inister 4ho 1or any .eriod o1 si2 consecutive
months is not a mem3er o1 either House o1 Parliament
shall at the e2.iration o1 that .eriod cease to 3e a (inister9
:>< The salaries and allo4ances o1 (inisters shall 3e
such as Parliament may 1rom time to time 3y la4
determine and, until Parliament so determines, shall 3e
as s.eciBed in the "econd "chedule9
The Attorney-'enera# !or $ndia
76. :< The President shall a..oint a .erson 4ho is
DualiBed to 3e a..ointed a -udge o1 the "u.reme &ourt
to 3e Attorney;%eneral 1or India9
:6< It shall 3e the duty o1 the Attorney;%eneral to
give advice to the %overnment o1 India u.on such legal
Other .rovisions as
to (inisters9
Ins9 3y the &onstitution :Ninety;Brst Amendment< Act, 6PPA, s9 69
Attorney;%eneral
1or India9
:%art 4.CThe Union.CArts. =FC=>9<
A>
matters, and to .er1orm such other duties o1 a legal
character, as may 1rom time to time 3e re1erred or
assigned to him 3y the President, and to discharge the
1unctions con1erred on him 3y or under this &onstitution
or any other la4 1or the time 3eing in 1orce9
:A< In the .er1ormance o1 his duties the Attorney;
%eneral shall have right o1 audience in all courts in the
territory o1 India9
:8< The Attorney;%eneral shall hold oMce during the
.leasure o1 the President, and shall receive such
remuneration as the President may determine9
Conduct o! 'o+ernment 1usiness
77. :< All e2ecutive action o1 the %overnment o1
India shall 3e e2.ressed to 3e taEen in the name o1 the
President9
:6< Orders and other instruments made and e2ecuted
in the name o1 the President shall 3e authenticated in
such manner as may 3e s.eciBed in rules to 3e made 3y
the President, and the validity o1 an order or instrument
4hich is so authenticated shall not 3e called in Duestion
on the ground that it is not an order or instrument made
or e2ecuted 3y the President9
:A< The President shall maEe rules 1or the more
convenient transaction o1 the 3usiness o1 the %overnment
o1 India, and 1or the allocation among (inisters o1 the
said 3usiness9
6H H H H
78. It shall 3e the duty o1 the Prime (inisterC
:a< to communicate to the President all decisions
o1 the &ouncil o1 (inisters relating to the
administration o1 the aGairs o1 the 'nion and
.ro.osals 1or legislation/
:b< to 1urnish such in1ormation relating to the
administration o1 the aGairs o1 the 'nion and
.ro.osals 1or legislation as the President may call
1or/ and
&onduct o1
3usiness o1 the
%overnment o1
India9
Duties o1 Prime
(inister as res.ects
the 1urnishing o1
in1ormation to the
President, etc9
See NotiBcation No9 "9 O9 667=, dated the Ard Novem3er, 7FK, %a+ette o1 India,
E2traordinary, 7FK, Pt9 II, "ec9 A:ii<, .9 AF, as amended 1rom time to time9
6&l9 :8< 4as ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 8 :49e919
A;;7==< and omitted 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 6
:49e919 6P;>;7=7<9
:%art 4.CThe Union.CArts. =>C=K9<
A=
:c< i1 the President so reDuires, to su3mit 1or the
consideration o1 the &ouncil o1 (inisters any matter
on 4hich a decision has 3een taEen 3y a (inister 3ut
4hich has not 3een considered 3y the &ouncil9
&HAPTE$ II9CPA$LIA(ENT
'enera#
79. There shall 3e a Parliament 1or the 'nion 4hich
shall consist o1 the President and t4o Houses to 3e Eno4n
res.ectively as the &ouncil o1 "tates and the House o1
the Peo.le9
80. :< !6HHH The &ouncil o1 "tates* shall consist o1C
:a< t4elve mem3ers to 3e nominated 3y the
President in accordance 4ith the .rovisions o1 clause
:A</ and
:b< not more than t4o hundred and thirty;eight
re.resentatives o1 the "tates A!and o1 the 'nion
territories9*
:6< The allocation o1 seats in the &ouncil o1 "tates to
3e Blled 3y re.resentatives o1 the "tates A!and o1 the 'nion
territories* shall 3e in accordance 4ith the .rovisions in
that 3ehal1 contained in the Fourth "chedule9
:A< The mem3ers to 3e nominated 3y the President
under su3;clause :a< o1 clause :< shall consist o1 .ersons
having s.ecial Eno4ledge or .ractical e2.erience in
res.ect o1 such matters as the 1ollo4ing, namely,;
Literature, science, art and social service9
:8< The re.resentatives o1 each "tate 8HHH in the &ouncil
o1 "tates shall 3e elected 3y the elected mem3ers o1 the
Legislative Assem3ly o1 the "tate in accordance 4ith the
system o1 .ro.ortional re.resentation 3y means o1 the
single trans1era3le vote9
:F< The re.resentatives o1 the F!'nion territories* in
the &ouncil o1 "tates shall 3e chosen in such manner as
Parliament may 3y la4 .rescri3e9
&onstitution o1
Parliament9
&om.osition o1 the
&ouncil o1 "tates9
"u3s9 3y the &onstitution :Thirty;B1th Amendment< Act, 7=8, s9 A, 1or ?The &ouncil o1
"tates@ :49e919 ;A;7=F<9
6The 4ords ?su3Nect to the .rovisions o1 .aragra.h 8 o1 the Tenth "chedule@ omitted 3y
the &onstitution :Thirty;si2th Amendment< Act, 7=F, s9 F :49e919 6>;8;7=F<9
AAdded 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 A9
8The 4ords and letters ?s.eciBed in Part A or Part ) o1 the First "chedule@ omitted 3y
s9 A, ibid.
F"u3s9 3y s9 A, ibid9, 1or ?"tates s.eciBed in Part & o1 the First "chedule@9
:%art 4.CThe Union.CArts. =KCKP9<
AK
!81. :< 6!"u3Nect to the .rovisions o1 article AA AHHH*,
the House o1 the Peo.le shall consist o1C
:a< not more than 8!Bve hundred and thirty
mem3ers* chosen 3y direct election 1rom territorial
constituencies in the "tates, and
:b< not more than F!t4enty mem3ers* to re.resent
the 'nion territories, chosen in such manner as
Parliament may 3y la4 .rovide9
:6< For the .ur.oses o1 su3;clause :a< o1 clause :<,C
:a< there shall 3e allotted to each "tate a num3er
o1 seats in the House o1 the Peo.le in such manner
that the ratio 3et4een that num3er and the
.o.ulation o1 the "tate is, so 1ar as .ractica3le, the
same 1or all "tates/ and
:b< each "tate shall 3e divided into territorial
constituencies in such manner that the ratio 3et4een
the .o.ulation o1 each constituency and the num3er
o1 seats allotted to it is, so 1ar as .ractica3le, the
same throughout the "tate,
>!Provided that the .rovisions o1 su3;clause :a< o1
this clause shall not 3e a..lica3le 1or the .ur.ose o1
allotment o1 seats in the House o1 the Peo.le to any
"tate so long as the .o.ulation o1 that "tate does not
e2ceed si2 millions9*
:A< In this article, the e2.ression ?.o.ulation@ means
the .o.ulation as ascertained at the last .receding census
o1 4hich the relevant Bgures have 3een .u3lished,
=!Provided that the re1erence in this clause to the last
.receding census o1 4hich the relevant Bgures have 3een
.u3lished shall, until the relevant Bgures 1or the Brst
census taEen a1ter the year K!6P6>* have 3een .u3lished,
7!3e construed,C
&om.osition o1 the
House o1 the
Peo.le9
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F> s9 8, 1or arts9 K and K69
6"u3s9 3y the &onstitution :Thirty;B1th Amendment< Act, 7=8 s9 8, 1or ?"u3Nect to the
.rovisions o1 article AA@ :49e919 ;A;7=F<9
AThe 4ords and Bgure ?and .aragra.h 8 o1 the Tenth "chedule@ omitted 3y the
&onstitution :Thirty;si2th Amendment< Act, 7=F, s9 F :49e919 6>;8;7=F<9
8"u3s9 3y the %oa, Daman and Diu $eorganisation Act, 7K= :K o1 7K=<, s9 >A, 1or
?Bve hundred and t4enty;Bve mem3ers@ :49e919 AP;F;7K=<9
F"u3s9 3y the &onstitution :Thirty;Brst Amendment< Act, 7=A, s9 6, 1or ?t4enty;Bve
mem3ers@9
>Ins9 3y s9 6, ibid.
=Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 F :49e919 A;;7==<9
K"u3s9 3y the &onstitution :Eighty;1ourth Amendment< Act, 6PP, s9 A, 1or ?6PPP@9
7"u3s9 3y s9 A, ibid9, 1or certain 4ords9
:%art 4.CThe Union.CArt. K9<
A7
:i< 1or the .ur.oses o1 su3;clause :a< o1 clause :6<
and the .roviso to that clause, as a re1erence to the
7= census/ and
:ii< 1or the .ur.oses o1 su3;clause :b< o1 clause :6<
as a re1erence to the !6PP* census9**
82. '.on the com.letion o1 each census, the allocation
o1 seats in the House o1 the Peo.le to the "tates and the
division o1 each "tate into territorial constituencies shall
3e readNusted 3y such authority and in such manner as
Parliament may 3y la4 determine,
Provided that such readNustment shall not aGect
re.resentation in the House o1 the Peo.le until the
dissolution o1 the then e2isting House,
6!Provided 1urther that such readNustment shall taEe
eGect 1rom such date as the President may, 3y order,
s.eci1y and until such readNustment taEes eGect, any
election to the House may 3e held on the 3asis o1 the
territorial constituencies e2isting 3e1ore such
readNustment,
Provided also that until the relevant Bgures 1or the
Brst census taEen a1ter the year A!6P6>* have 3een
.u3lished, it shall not 3e necessary to 8!readNustC
:i< the allocation o1 seats in the House o1
Peo.le to the "tates as readNusted on the 3asis o1 the
7= census/ and
:ii< the division o1 each "tate into territorial
constituencies as may 3e readNusted on the 3asis o1
the F!6PP* census,
under this article9**
83. :< The &ouncil o1 "tates shall not 3e su3Nect to
dissolution, 3ut as nearly as .ossi3le one;third o1 the
mem3ers thereo1 shall retire as soon as may 3e on the
e2.iration o1 every second year in accordance 4ith the
.rovisions made in that 3ehal1 3y Parliament 3y la49
$eadNustment a1ter
each census9
Duration o1 Houses
o1 Parliament9
"u3s9 3y the &onstitution :Eighty;seventh Amendment< Act, 6PPA, s9 6, 1or ?77@9
6Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 > :49e919 A;;7==<9
A"u3s9 3y the &onstitution :Eighty;1ourth Amendment< Act, 6PP, s9 8, 1or ?6PPP@9
8"u3s9 3y s9 8, ibid9, 1or certain 4ords9
F"u3s9 3y the &onstitution :Eighty;seventh Amendment< Act, 6PPA, s9 A, 1or ?77@9
:%art 4.CThe Union.CArts. KCKA9<
8P
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 A, 1or ?si2 years@
:49e919 6P;>;7=7<9 The 4ords ?si2 years@ 4ere su3s9 1or the original 4ords ?Bve years@ 3y
the &onstitution :Forty;second Amendment< Act, 7=>, s9 = :49e919 A;;7==<9
6"u3s9 3y the &onstitution :"i2teenth Amendment< Act, 7>A, s9 A, 1or cl9 :a<9
A"u3s9 3y the &onstitution :First Amendment< Act, 7F, s9 >, 1or art9 KF9
:6< The House o1 the Peo.le, unless sooner dissolved,
shall continue 1or !Bve years* 1rom the date a..ointed
1or its Brst meeting and no longer and the e2.iration o1
the said .eriod o1 !Bve years* shall o.erate as a
dissolution o1 the House,
Provided that the said .eriod may, 4hile a
Proclamation o1 Emergency is in o.eration, 3e e2tended
3y Parliament 3y la4 1or a .eriod not e2ceeding one year
at a time and not e2tending in any case 3eyond a .eriod
o1 si2 months a1ter the Proclamation has ceased to o.erate9
84. A .erson shall not 3e DualiBed to 3e chosen to Bll
a seat in Parliament unless heC
6!:a< is a citi+en o1 India, and maEes and su3scri3es
3e1ore some .erson authorised in that 3ehal1 3y the
Election &ommission an oath or aMrmation
according to the 1orm set out 1or the .ur.ose in the
Third "chedule/*
:b< is, in the case o1 a seat in the &ouncil o1 "tates,
not less than thirty years o1 age and, in the case o1
a seat in the House o1 the Peo.le, not less than
t4enty;Bve years o1 age/ and
:c< .ossesses such other DualiBcations as may 3e
.rescri3ed in that 3ehal1 3y or under any la4 made
3y Parliament9
A!85. :< The President shall 1rom time to time
summon each House o1 Parliament to meet at such time
and .lace as he thinEs Bt, 3ut si2 months shall not
intervene 3et4een its last sitting in one session and the
date a..ointed 1or its Brst sitting in the ne2t session9
:6< The President may 1rom time to timeC
:a< .rorogue the Houses or either House/
:b< dissolve the House o1 the Peo.le9*
86. :< The President may address either House o1
Parliament or 3oth Houses assem3led together, and 1or
that .ur.ose reDuire the attendance o1 mem3ers9
5ualiBcation 1or
mem3ershi. o1
Parliament9
"essions o1
Parliament,
.rorogation and
dissolution9
$ight o1 President
to address and
send messages to
Houses9
:%art 4.CThe Union.CArts. KACK>9<
8
:6< The President may send messages to either House
o1 Parliament, 4hether 4ith res.ect to a )ill then .ending
in Parliament or other4ise, and a House to 4hich any
message is so sent shall 4ith all convenient des.atch
consider any matter reDuired 3y the message to 3e taEen
into consideration9
87. :< At the commencement o1 !the Brst session
a1ter each general election to the House o1 the Peo.le
and at the commencement o1 the Brst session o1 each
year* the President shall address 3oth Houses o1
Parliament assem3led together and in1orm Parliament o1
the causes o1 its summons9
:6< Provision shall 3e made 3y the rules regulating
the .rocedure o1 either House 1or the allotment o1 time 1or
discussion o1 the matters re1erred to in such address 6HHH9
88. Every (inister and the Attorney;%eneral o1 India
shall have the right to s.eaE in, and other4ise to taEe
.art in the .roceedings o1, either House, any Noint sitting
o1 the Houses, and any committee o1 Parliament o1 4hich
he may 3e named a mem3er, 3ut shall not 3y virtue o1 this
article 3e entitled to vote9
76cers o! %ar#iament
89. :< The #ice;President o1 India shall 3e ex o6cio
&hairman o1 the &ouncil o1 "tates9
:6< The &ouncil o1 "tates shall, as soon as may 3e,
choose a mem3er o1 the &ouncil to 3e De.uty &hairman
thereo1 and, so o1ten as the oMce o1 De.uty &hairman
3ecomes vacant, the &ouncil shall choose another mem3er
to 3e De.uty &hairman thereo19
90. A mem3er holding oMce as De.uty &hairman o1
the &ouncil o1 "tatesC
:a< shall vacate his oMce i1 he ceases to 3e a
mem3er o1 the &ouncil/
:b< may at any time, 3y 4riting under his hand
addressed to the &hairman, resign his oMce/ and
:c< may 3e removed 1rom his oMce 3y a resolution
o1 the &ouncil .assed 3y a maNority o1 all the then
mem3ers o1 the &ouncil,
"u3s9 3y the &onstitution :First Amendment< Act, 7F, s9 =, 1or ?every session@9
6The 4ords ?and 1or the .recedence o1 such discussion over other 3usiness o1 the House@
omitted 3y s9 =, ibid9
".ecial address 3y
the President9
$ights o1 (inisters
and Attorney;
%eneral as res.ects
Houses9
The &hairman and
De.uty &hairman
o1 the &ouncil o1
"tates9
#acation and
resignation o1, and
removal 1rom, the
oMce o1 De.uty
&hairman9
:%art 4.CThe Union.CArts. K>C7P9<
86
Provided that no resolution 1or the .ur.ose o1 clause
:c< shall 3e moved unless at least 1ourteen daysO notice
has 3een given o1 the intention to move the resolution9
91. :< While the oMce o1 &hairman is vacant, or
during any .eriod 4hen the #ice;President is acting as,
or discharging the 1unctions o1, President, the duties o1
the oMce shall 3e .er1ormed 3y the De.uty &hairman,
or, i1 the oMce o1 De.uty &hairman is also vacant, 3y
such mem3er o1 the &ouncil o1 "tates as the President
may a..oint 1or the .ur.ose9
:6< During the a3sence o1 the &hairman 1rom any
sitting o1 the &ouncil o1 "tates the De.uty &hairman, or,
i1 he is also a3sent, such .erson as may 3e determined
3y the rules o1 .rocedure o1 the &ouncil, or, i1 no such
.erson is .resent, such other .erson as may 3e
determined 3y the &ouncil, shall act as &hairman9
92. :< At any sitting o1 the &ouncil o1 "tates, 4hile
any resolution 1or the removal o1 the #ice;President 1rom
his oMce is under consideration, the &hairman, or 4hile
any resolution 1or the removal o1 the De.uty &hairman
1rom his oMce is under consideration, the De.uty
&hairman, shall not, though he is .resent, .reside, and
the .rovisions o1 clause :6< o1 article 7 shall a..ly in
relation to every such sitting as they a..ly in relation to
a sitting 1rom 4hich the &hairman, or, as the case may
3e, the De.uty &hairman, is a3sent9
:6< The &hairman shall have the right to s.eaE in,
and other4ise to taEe .art in the .roceedings o1, the
&ouncil o1 "tates 4hile any resolution 1or the removal o1
the #ice;President 1rom his oMce is under consideration
in the &ouncil, 3ut, not4ithstanding anything in article
PP, shall not 3e entitled to vote at all on such resolution
or on any other matter during such .roceedings9
93. The House o1 the Peo.le shall, as soon as may 3e,
choose t4o mem3ers o1 the House to 3e res.ectively
".eaEer and De.uty ".eaEer thereo1 and, so o1ten as the
oMce o1 ".eaEer or De.uty ".eaEer 3ecomes vacant, the
House shall choose another mem3er to 3e ".eaEer or
De.uty ".eaEer, as the case may 3e9
Po4er o1 the
De.uty &hairman
or other .erson to
.er1orm the duties
o1 the oMce o1, or
to act as,
&hairman9
The &hairman or
the De.uty
&hairman not to
.reside 4hile a
resolution 1or his
removal 1rom oMce
is under
consideration9
The ".eaEer and
De.uty ".eaEer
o1 the House o1
the Peo.le9
:%art 4.CThe Union.CArts. 7PC7A9<
8A
94. A mem3er holding oMce as ".eaEer or De.uty
".eaEer o1 the House o1 the Peo.leC
mem3er o1 the House o1 the Peo.le/
:b< may at any time, 3y 4riting under his hand
addressed, i1 such mem3er is the ".eaEer, to the
De.uty ".eaEer, and i1 such mem3er is the De.uty
".eaEer, to the ".eaEer, resign his oMce/ and
o1 the House o1 the Peo.le .assed 3y a maNority o1 all
the then mem3ers o1 the House,
Provided that no resolution 1or the .ur.ose o1 clause
:c< shall 3e moved unless at least 1ourteen daysJ notice
has 3een given o1 the intention to move the resolution,
Provided 1urther that, 4henever the House o1 the
Peo.le is dissolved, the ".eaEer shall not vacate his oMce
until immediately 3e1ore the Brst meeting o1 the House o1
the Peo.le a1ter the dissolution9
95. :< While the oMce o1 ".eaEer is vacant, the duties
o1 the oMce shall 3e .er1ormed 3y the De.uty ".eaEer or,
i1 the oMce o1 De.uty ".eaEer is also vacant, 3y such
mem3er o1 the House o1 the Peo.le as the President may
a..oint 1or the .ur.ose9
:6< During the a3sence o1 the ".eaEer 1rom any sitting
o1 the House o1 the Peo.le the De.uty ".eaEer or, i1 he
is also a3sent, such .erson as may 3e determined 3y the
rules o1 .rocedure o1 the House, or, i1 no such .erson is
.resent, such other .erson as may 3e determined 3y the
House, shall act as ".eaEer9
96. :< At any sitting o1 the House o1 the Peo.le, 4hile
any resolution 1or the removal o1 the ".eaEer 1rom his
oMce is under consideration, the ".eaEer, or 4hile any
resolution 1or the removal o1 the De.uty ".eaEer 1rom his
oMce is under consideration, the De.uty ".eaEer, shall
not, though he is .resent, .reside, and the .rovisions o1
clause :6< o1 article 7F shall a..ly in relation to every
#acation and
resignation o1, and
removal 1rom, the
oMces o1 ".eaEer
and De.uty
".eaEer9
Po4er o1 the
De.uty ".eaEer or
other .erson to
.er1orm the duties
o1 the oMce o1, or
to act as, ".eaEer9
The ".eaEer or the
De.uty ".eaEer
not to .reside
4hile a resolution
1or his removal
1rom oMce is
under
consideration9
:%art 4.CThe Union.CArts. 78C7>9<
88
such sitting as they a..ly in relation to a sitting 1rom
4hich the ".eaEer, or, as the case may 3e, the De.uty
".eaEer, is a3sent9
:6< The ".eaEer shall have the right to s.eaE in, and
other4ise to taEe .art in the .roceedings o1, the House o1
the Peo.le 4hile any resolution 1or his removal 1rom
oMce is under consideration in the House and shall,
not4ithstanding anything in article PP, 3e entitled to
vote only in the Brst instance on such resolution or on
any other matter during such .roceedings 3ut not in the
case o1 an eDuality o1 votes9
97. There shall 3e .aid to the &hairman and the
De.uty &hairman o1 the &ouncil o1 "tates, and to the
".eaEer and the De.uty ".eaEer o1 the House o1 the
Peo.le, such salaries and allo4ances as may 3e
res.ectively B2ed 3y Parliament 3y la4 and, until
.rovision in that 3ehal1 is so made, such salaries and
allo4ances as are s.eciBed in the "econd "chedule9
98. :< Each House o1 Parliament shall have a se.arate
secretarial staG,
Provided that nothing in this clause shall 3e
construed as .reventing the creation o1 .osts common
to 3oth Houses o1 Parliament9
:6< Parliament may 3y la4 regulate the recruitment,
and the conditions o1 service o1 .ersons a..ointed, to
the secretarial staG o1 either House o1 Parliament9
:A< 'ntil .rovision is made 3y Parliament under
clause :6<, the President may, a1ter consultation 4ith the
".eaEer o1 the House o1 the Peo.le or the &hairman o1
the &ouncil o1 "tates, as the case may 3e, maEe rules
regulating the recruitment, and the conditions o1 service
o1 .ersons a..ointed, to the secretarial staG o1 the House
o1 the Peo.le or the &ouncil o1 "tates, and any rules so
made shall have eGect su3Nect to the .rovisions o1 any
la4 made under the said clause9
"alaries and
allo4ances o1 the
&hairman and
De.uty &hairman
and the ".eaEer
and De.uty
".eaEer9
"ecretariat o1
Parliament9
:%art 4.CThe Union.CArts. 7>C7K9<
8F
Conduct o! 1usiness
99. Every mem3er o1 either House o1 Parliament shall,
3e1ore taEing his seat, maEe and su3scri3e 3e1ore the
President, or some .erson a..ointed in that 3ehal1 3y
him, an oath or aMrmation according to the 1orm set out
1or the .ur.ose in the Third "chedule9
100. :< "ave as other4ise .rovided in this
&onstitution, all Duestions at any sitting o1 either House
or Noint sitting o1 the Houses shall 3e determined 3y a
maNority o1 votes o1 the mem3ers .resent and voting,
other than the ".eaEer or .erson acting as &hairman or
".eaEer9
The &hairman or ".eaEer, or .erson acting as such,
shall not vote in the Brst instance, 3ut shall have and
e2ercise a casting vote in the case o1 an eDuality o1 votes9
:6< Either House o1 Parliament shall have .o4er to
act not4ithstanding any vacancy in the mem3ershi.
thereo1, and any .roceedings in Parliament shall 3e valid
not4ithstanding that it is discovered su3seDuently that
some .erson 4ho 4as not entitled so to do sat or voted
or other4ise tooE .art in the .roceedings9
:A< 'ntil Parliament 3y la4 other4ise .rovides, the
Duorum to constitute a meeting o1 either House o1
Parliament shall 3e one;tenth o1 the total num3er o1
mem3ers o1 the House9
:8< I1 at any time during a meeting o1 a House there
is no Duorum, it shall 3e the duty o1 the &hairman or
".eaEer, or .erson acting as such, either to adNourn the
House or to sus.end the meeting until there is a Duorum9
5is)ua#i.cations o! /embers
101. :< No .erson shall 3e a mem3er o1 3oth Houses
o1 Parliament and .rovision shall 3e made 3y Parliament
3y la4 1or the vacation 3y a .erson 4ho is chosen a
mem3er o1 3oth Houses o1 his seat in one House or the
other9
Oath or aMrmation
3y mem3ers9
#oting in Houses,
.o4er o1 Houses
to act
not4ithstanding
vacancies and
Duorum9
#acation o1 seats9
:%art 4.CThe Union.CArts. 77CP9<
8>
:6< No .erson shall 3e a mem3er 3oth o1 Parliament
and o1 a House o1 the Legislature o1 a "tate HHH, and i1
a .erson is chosen a mem3er 3oth o1 Parliament and o1
a House o1 the Legislature o1 6!a "tate*, then, at the
e2.iration o1 such .eriod as may 3e s.eciBed in rulesA
made 3y the President, that .ersonJs seat in Parliament
shall 3ecome vacant, unless he has .reviously resigned
his seat in the Legislature o1 the "tate9
:A< I1 a mem3er o1 either House o1 ParliamentC
:a< 3ecomes su3Nect to any o1 the disDualiBcations
mentioned in 8!clause :< or clause :6< o1 article P6*,
or
F!:b< resigns his seat 3y 4riting under his hand
addressed to the &hairman or the ".eaEer, as the
case may 3e, and his resignation is acce.ted 3y the
&hairman or the ".eaEer, as the case may 3e,*
his seat shall thereu.on 3ecome vacant,
>!Provided that in the case o1 any resignation re1erred
to in su3;clause :3<, i1 1rom in1ormation received or
other4ise and a1ter maEing such inDuiry as he thinEs Bt,
the &hairman or the ".eaEer, as the case may 3e, is
satisBed that such resignation is not voluntary or genuine,
he shall not acce.t such resignation9*
:8< I1 1or a .eriod o1 si2ty days a mem3er o1 either
House o1 Parliament is 4ithout .ermission o1 the House
a3sent 1rom all meetings thereo1, the House may declare
his seat vacant,
Provided that in com.uting the said .eriod o1 si2ty
days no account shall 3e taEen o1 any .eriod during
6"u3s9 3y s9 67 and "ch9, ibid9, ?such a "tate@9
ASee the Prohi3ition o1 "imultaneous (em3ershi. $ules, 7FP, .u3lished 4ith the (inistry
o1 La4 NotiBcation No9 F9 8>TFP;&, dated the 6>th -anuary, 7FP, %a+ette o1 India,
E2traordinary, .9 >=K9
8"u3s9 3y the &onstitution :Fi1ty;second Amendment< Act, 7KF, s9 6, 1or ?clause :< o1
article P6@ :49e919 ;A;7KF<9
F"u3s9 3y the &onstitution :Thirty;third Amendment< Act, 7=8, s9 6, 1or su3;clause :b<9
>Ins9 3y s9 6, ibid.
:%art 4.CThe Union.CArt. P9<
8=
4hich the House is .rorogued or is adNourned 1or more
than 1our consecutive days9
102. :< A .erson shall 3e disDualiBed 1or 3eing chosen
as, and 1or 3eing, a mem3er o1 either House o1
ParliamentC
:a< i1 he holds any oMce o1 .roBt under the
%overnment o1 India or the %overnment o1 any "tate,
other than an oMce declared 3y Parliament 3y la4
not to disDuali1y its holder/
:b< i1 he is o1 unsound mind and stands so
declared 3y a com.etent court/
:c< i1 he is an undischarged insolvent/
:d< i1 he is not a citi+en o1 India, or has voluntarily
acDuired the citi+enshi. o1 a 1oreign "tate, or is under
any acEno4ledgment o1 allegiance or adherence to a
1oreign "tate/
:e< i1 he is so disDualiBed 3y or under any la4
made 3y Parliament9
!"xp#anation.CFor the .ur.oses o1 this clause* a
.erson shall not 3e deemed to hold an oMce o1 .roBt
under the %overnment o1 India or the %overnment o1
any "tate 3y reason only that he is a (inister either 1or
the 'nion or 1or such "tate9
6!:6< A .erson shall 3e disDualiBed 1or 3eing a
mem3er o1 either House o1 Parliament i1 he is so
disDualiBed under the Tenth "chedule9*
A!103. :< I1 any Duestion arises as to 4hether a mem3er
o1 either House o1 Parliament has 3ecome su3Nect to any
o1 the disDualiBcations mentioned in clause :< o1 article
P6, the Duestion shall 3e re1erred 1or the decision o1 the
President and his decision shall 3e Bnal9
DisDualiBcations
1or mem3ershi.9
Decision on
Duestions as to
disDualiBcations o1
mem3ers9
"u3s9 3y the &onstitution :Fi1ty;second Amendment< Act, 7KF, s9 A, 1or ?:6< For the
.ur.oses o1 this article@ :49e919 ;A;7KF<
6Ins9 3y s9 A, ibid9 :49e919 ;A;7KF<9
AArt9 PA has 3een successively su3s9 3y the &onstitution :Forty;second Amendment<
Act, 7=>, s9 6P :49e919 A;;7==< and the &onstitution :Forty;1ourth Amendment< Act,
7=K, s9 8 to read as a3ove :49e919 6P;>;7=7<9
:%art 4.CThe Union.CArts. PCPA9<
8K
:6< )e1ore giving any decision on any such Duestion,
the President shall o3tain the o.inion o1 the Election
&ommission and shall act according to such o.inion9*
104. I1 a .erson sits or votes as a mem3er o1 either
House o1 Parliament 3e1ore he has com.lied 4ith the
reDuirements o1 article 77, or 4hen he Eno4s that he is
not DualiBed or that he is disDualiBed 1or mem3ershi.
thereo1, or that he is .rohi3ited 1rom so doing 3y the
.rovisions o1 any la4 made 3y Parliament, he shall 3e
lia3le in res.ect o1 each day on 4hich he so sits or votes
to a .enalty o1 Bve hundred ru.ees to 3e recovered as a
de3t due to the 'nion9
%owers %ri+i#e(es and $mmunities o! %ar#iament
and its /embers
105. :< "u3Nect to the .rovisions o1 this &onstitution
and to the rules and standing orders regulating the
.rocedure o1 Parliament, there shall 3e 1reedom o1 s.eech
in Parliament9
:6< No mem3er o1 Parliament shall 3e lia3le to any
.roceedings in any court in res.ect o1 any thing said or
any vote given 3y him in Parliament or any committee
thereo1, and no .erson shall 3e so lia3le in res.ect o1 the
.u3lication 3y or under the authority o1 either House o1
Parliament o1 any re.ort, .a.er, votes or .roceedings9
:A< In other res.ects, the .o4ers, .rivileges and
immunities o1 each House o1 Parliament, and o1 the
mem3ers and the committees o1 each House, shall 3e
such as may 1rom time to time 3e deBned 3y Parliament
3y la4, and, until so deBned, !shall 3e those o1 that
House and o1 its mem3ers and committees immediately
3e1ore the coming into 1orce o1 section F o1 the
&onstitution :Forty;1ourth Amendment< Act, 7=K9*
:8< The .rovisions o1 clauses :<, :6< and :A< shall
a..ly in relation to .ersons 4ho 3y virtue o1 this
&onstitution have the right to s.eaE in, and other4ise to
Penalty 1or sitting
and voting 3e1ore
maEing oath or
aMrmation under
article 77 or 4hen
not DualiBed or
4hen disDualiBed9
Po4ers, .rivileges,
etc9, o1 the Houses
o1 Parliament and
o1 the mem3ers
and committees
thereo19
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 F, 1or certain 4ords
:49e919 6P;>;7=7<9
:%art 4.CThe Union.CArts. PACPF9<
87
taEe .art in the .roceedings o1, a House o1 Parliament or
any committee thereo1 as they a..ly in relation to mem3ers
o1 Parliament9
106. (em3ers o1 either House o1 Parliament shall 3e
entitled to receive such salaries and allo4ances as may
1rom time to time 3e determined 3y Parliament 3y la4
and, until .rovision in that res.ect is so made, allo4ances
at such rates and u.on such conditions as 4ere
immediately 3e1ore the commencement o1 this
&onstitution a..lica3le in the case o1 mem3ers o1 the
&onstituent Assem3ly o1 the Dominion o1 India9
,e(is#ati+e %rocedure
107. :< "u3Nect to the .rovisions o1 articles P7 and
= 4ith res.ect to (oney )ills and other Bnancial )ills,
a )ill may originate in either House o1 Parliament9
:6< "u3Nect to the .rovisions o1 articles PK and P7,
a )ill shall not 3e deemed to have 3een .assed 3y the
Houses o1 Parliament unless it has 3een agreed to 3y
3oth Houses, either 4ithout amendment or 4ith such
amendments only as are agreed to 3y 3oth Houses9
:A< A )ill .ending in Parliament shall not la.se 3y
reason o1 the .rorogation o1 the Houses9
:8< A )ill .ending in the &ouncil o1 "tates 4hich has
not 3een .assed 3y the House o1 the Peo.le shall not
la.se on a dissolution o1 the House o1 the Peo.le9
:F< A )ill 4hich is .ending in the House o1 the Peo.le,
or 4hich having 3een .assed 3y the House o1 the Peo.le
is .ending in the &ouncil o1 "tates, shall, su3Nect to the
.rovisions o1 article PK, la.se on a dissolution o1 the
108. :< I1 a1ter a )ill has 3een .assed 3y one House
and transmitted to the other HouseC
:a< the )ill is reNected 3y the other House/ or
:b< the Houses have Bnally disagreed as to the
amendments to 3e made in the )ill/ or
"alaries and
allo4ances o1
mem3ers9
Provisions as to
introduction and
.assing o1 )ills9
-oint sitting o1 3oth
Houses in certain
cases9
:%art 4.CThe Union.CArts. PFCPK9<
FP
:c< more than si2 months ela.se 1rom the date o1
the rece.tion o1 the )ill 3y the other House 4ithout
the )ill 3eing .assed 3y it,
the President may, unless the )ill has ela.sed 3y reason
o1 a dissolution o1 the House o1 the Peo.le, noti1y to the
Houses 3y message i1 they are sitting or 3y .u3lic
notiBcation i1 they are not sitting, his intention to
summon them to meet in a Noint sitting 1or the .ur.ose
o1 deli3erating and voting on the )ill,
Provided that nothing in this clause shall a..ly to a
(oney )ill9
:6< In recEoning any such .eriod o1 si2 months as is
re1erred to in clause :<, no account shall 3e taEen o1
any .eriod during 4hich the House re1erred to in
su3;clause :c< o1 that clause is .rorogued or adNourned 1or
more than 1our consecutive days9
:A< Where the President has under clause :< notiBed
his intention o1 summoning the Houses to meet in a
Noint sitting, neither House shall .roceed 1urther 4ith
the )ill, 3ut the President may at any time a1ter the date
o1 his notiBcation summon the Houses to meet in a Noint
sitting 1or the .ur.ose s.eciBed in the notiBcation and,
i1 he does so, the Houses shall meet accordingly9
:8< I1 at the Noint sitting o1 the t4o Houses the )ill,
4ith such amendments, i1 any, as are agreed to in Noint
sitting, is .assed 3y a maNority o1 the total num3er o1
mem3ers o1 3oth Houses .resent and voting, it shall 3e
deemed 1or the .ur.oses o1 this &onstitution to have
3een .assed 3y 3oth Houses,
Provided that at a Noint sittingC
:a< i1 the )ill, having 3een .assed 3y one House,
has not 3een .assed 3y the other House 4ith
amendments and returned to the House in 4hich it
originated, no amendment shall 3e .ro.osed to the
)ill other than such amendments :i1 any< as are made
necessary 3y the delay in the .assage o1 the )ill/
:%art 4.CThe Union.CArt. PK9<
F
:b< i1 the )ill has 3een so .assed and returned,
only such amendments as a1oresaid shall 3e .ro.osed
to the )ill and such other amendments as are relevant
to the matters 4ith res.ect to 4hich the Houses have
not agreed/
and the decision o1 the .erson .residing as to the
amendments 4hich are admissi3le under this clause shall
3e Bnal9
:F< A Noint sitting may 3e held under this article and
a )ill .assed thereat, not4ithstanding that a dissolution
o1 the House o1 the Peo.le has intervened since the
President notiBed his intention to summon the Houses to
meet therein9
109. :< A (oney )ill shall not 3e introduced in the
&ouncil o1 "tates9
:6< A1ter a (oney )ill has 3een .assed 3y the House
o1 the Peo.le it shall 3e transmitted to the &ouncil o1
"tates 1or its recommendations and the &ouncil o1 "tates
shall 4ithin a .eriod o1 1ourteen days 1rom the date o1 its
recei.t o1 the )ill return the )ill to the House o1 the
Peo.le 4ith its recommendations and the House o1 the
Peo.le may thereu.on either acce.t or reNect all or any o1
the recommendations o1 the &ouncil o1 "tates9
:A< I1 the House o1 the Peo.le acce.ts any o1 the
recommendations o1 the &ouncil o1 "tates, the (oney )ill
shall 3e deemed to have 3een .assed 3y 3oth Houses
4ith the amendments recommended 3y the &ouncil o1
"tates and acce.ted 3y the House o1 the Peo.le9
:8< I1 the House o1 the Peo.le does not acce.t any o1
the recommendations o1 the &ouncil o1 "tates, the (oney
)ill shall 3e deemed to have 3een .assed 3y 3oth Houses
in the 1orm in 4hich it 4as .assed 3y the House o1 the
Peo.le 4ithout any o1 the amendments recommended 3y
the &ouncil o1 "tates9
:F< I1 a (oney )ill .assed 3y the House o1 the Peo.le
and transmitted to the &ouncil o1 "tates 1or its
recommendations is not returned to the House o1 the
:%art 4.CThe Union.CArts. PK;P79<
F6
".ecial .rocedure
in res.ect o1
(oney )ills9
Peo.le 4ithin the said .eriod o1 1ourteen days, it shall 3e
deemed to have 3een .assed 3y 3oth Houses at the
e2.iration o1 the said .eriod in the 1orm in 4hich it 4as
.assed 3y the House o1 the Peo.le9
110. :< For the .ur.oses o1 this &ha.ter, a )ill shall
3e deemed to 3e a (oney )ill i1 it contains only
.rovisions dealing 4ith all or any o1 the 1ollo4ing
matters, namely,C
:a< the im.osition, a3olition, remission, alteration
or regulation o1 any ta2/
:b< the regulation o1 the 3orro4ing o1 money or
the giving o1 any guarantee 3y the %overnment o1
India, or the amendment o1 the la4 4ith res.ect to
any Bnancial o3ligations undertaEen or to 3e
undertaEen 3y the %overnment o1 India/
:c< the custody o1 the &onsolidated Fund or the
&ontingency Fund o1 India, the .ayment o1 moneys
into or the 4ithdra4al o1 moneys 1rom any such
Fund/
:d< the a..ro.riation o1 moneys out o1 the
&onsolidated Fund o1 India/
:e< the declaring o1 any e2.enditure to 3e
e2.enditure charged on the &onsolidated Fund o1
India or the increasing o1 the amount o1 any such
e2.enditure/
:!< the recei.t o1 money on account o1 the
&onsolidated Fund o1 India or the .u3lic account o1
India or the custody or issue o1 such money or the
audit o1 the accounts o1 the 'nion or o1 a "tate/ or
:(< any matter incidental to any o1 the matters
s.eciBed in su3;clauses :a< to :!<9
:6< A )ill shall not 3e deemed to 3e a (oney )ill 3y
reason only that it .rovides 1or the im.osition o1 Bnes or
other .ecuniary .enalties, or 1or the demand or .ayment
o1 1ees 1or licences or 1ees 1or services rendered, or 3y
reason that it .rovides 1or the im.osition, a3olition,
remission, alteration or regulation o1 any ta2 3y any local
authority or 3ody 1or local .ur.oses9
DeBnition o1
?(oney )ills@9
:%art 4.CThe Union.CArts. P7;P9<
FA
:A< I1 any Duestion arises 4hether a )ill is a (oney
)ill or not, the decision o1 the ".eaEer o1 the House o1
the Peo.le thereon shall 3e Bnal9
:8< There shall 3e endorsed on every (oney )ill 4hen
it is transmitted to the &ouncil o1 "tates under
article P7, and 4hen it is .resented to the President 1or
assent under article , the certiBcate o1 the ".eaEer o1
the House o1 the Peo.le signed 3y him that it is a (oney
)ill9
111. When a )ill has 3een .assed 3y the Houses o1
Parliament, it shall 3e .resented to the President, and
the President shall declare either that he assents to the
)ill, or that he 4ithholds assent there1rom,
Provided that the President may, as soon as .ossi3le
a1ter the .resentation to him o1 a )ill 1or assent, return the
)ill i1 it is not a (oney )ill to the Houses 4ith a message
reDuesting that they 4ill reconsider the )ill or any
s.eciBed .rovisions thereo1 and, in .articular, 4ill
consider the desira3ility o1 introducing any such
amendments as he may recommend in his message, and
4hen a )ill is so returned, the Houses shall reconsider
the )ill accordingly, and i1 the )ill is .assed again 3y the
Houses 4ith or 4ithout amendment and .resented to the
President 1or assent, the President shall not 4ithhold
assent there1rom9
%rocedure in *inancia# /atters
112. :< The President shall in res.ect o1 every Bnancial
year cause to 3e laid 3e1ore 3oth the Houses o1 Parliament
a statement o1 the estimated recei.ts and e2.enditure o1
the %overnment o1 India 1or that year, in this Part re1erred
to as the ?annual Bnancial statement@9
:6< The estimates o1 e2.enditure em3odied in the
annual Bnancial statement shall sho4 se.aratelyC
:a< the sums reDuired to meet e2.enditure descri3ed
3y this &onstitution as e2.enditure charged u.on
the &onsolidated Fund o1 India/ and
Assent to )ills9
Annual Bnancial
statement9
:%art 4.CThe Union.CArts. PC69<
F8
:b< the sums reDuired to meet other e2.enditure
.ro.osed to 3e made 1rom the &onsolidated Fund o1
India,
and shall distinguish e2.enditure on revenue account
1rom other e2.enditure9
:A< The 1ollo4ing e2.enditure shall 3e e2.enditure
charged on the &onsolidated Fund o1 IndiaC
:a< the emoluments and allo4ances o1 the
President and other e2.enditure relating to his oMce/
:b< the salaries and allo4ances o1 the &hairman
and the De.uty &hairman o1 the &ouncil o1 "tates
and the ".eaEer and the De.uty ".eaEer o1 the House
o1 the Peo.le/
:c< de3t charges 1or 4hich the %overnment o1 India
is lia3le including interest, sinEing 1und charges and
redem.tion charges, and other e2.enditure relating
to the raising o1 loans and the service and redem.tion
o1 de3t/
:d< :i< the salaries, allo4ances and .ensions
.aya3le to or in res.ect o1 -udges o1 the "u.reme
&ourt/
:ii< the .ensions .aya3le to or in res.ect o1 -udges
o1 the Federal &ourt/
:iii< the .ensions .aya3le to or in res.ect o1 -udges
o1 any High &ourt 4hich e2ercises Nurisdiction in
relation to any area included in the territory o1 India
or 4hich at any time 3e1ore the commencement o1
this &onstitution e2ercised Nurisdiction in relation to
any area included in !a %overnorJs Province o1 the
Dominion o1 India*/
:e< the salary, allo4ances and .ension .aya3le to
or in res.ect o1 the &om.troller and Auditor;%eneral
o1 India/
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9, 1or ?a
Province corres.onding to a "tate s.eciBed in Part A o1 the First "chedule@9
:%art 4.CThe Union.CArt. 69<
FF
:!< any sums reDuired to satis1y any Nudgment,
decree or a4ard o1 any court or ar3itral tri3unal/
:(< any other e2.enditure declared 3y this
&onstitution or 3y Parliament 3y la4 to 3e so
charged9
113. :< "o much o1 the estimates as relates to
e2.enditure charged u.on the &onsolidated Fund o1 India
shall not 3e su3mitted to the vote o1 Parliament, 3ut
nothing in this clause shall 3e construed as .reventing
the discussion in either House o1 Parliament o1 any o1
those estimates9
:6< "o much o1 the said estimates as relates to other
e2.enditure shall 3e su3mitted in the 1orm o1 demands
1or grants to the House o1 the Peo.le, and the House o1
the Peo.le shall have .o4er to assent, or to re1use to
assent, to any demand, or to assent to any demand su3Nect
to a reduction o1 the amount s.eciBed therein9
:A< No demand 1or a grant shall 3e made e2ce.t on
the recommendation o1 the President9
114. :< As soon as may 3e a1ter the grants under
article A have 3een made 3y the House o1 the Peo.le,
there shall 3e introduced a )ill to .rovide 1or the
a..ro.riation out o1 the &onsolidated Fund o1 India o1
all moneys reDuired to meetC
:a< the grants so made 3y the House o1 the Peo.le/
and
:b< the e2.enditure charged on the &onsolidated
Fund o1 India 3ut not e2ceeding in any case the
amount sho4n in the statement .reviously laid 3e1ore
Parliament9
:6< No amendment shall 3e .ro.osed to any such )ill
in either House o1 Parliament 4hich 4ill have the eGect
o1 varying the amount or altering the destination o1 any
grant so made or o1 varying the amount o1 any e2.enditure
charged on the &onsolidated Fund o1 India, and the
decision o1 the .erson .residing as to 4hether an
amendment is inadmissi3le under this clause shall 3e
Bnal9
Procedure in
Parliament 4ith
res.ect to
estimates9
A..ro.riation
)ills9
:%art 4.CThe Union.CArts. 6C89<
F>
:A< "u3Nect to the .rovisions o1 articles F and >,
no money shall 3e 4ithdra4n 1rom the &onsolidated
Fund o1 India e2ce.t under a..ro.riation made 3y la4
.assed in accordance 4ith the .rovisions o1 this article9
115. :< The President shallC
:a< i1 the amount authorised 3y any la4 made in
accordance 4ith the .rovisions o1 article 8 to 3e
e2.ended 1or a .articular service 1or the current
Bnancial year is 1ound to 3e insuMcient 1or the
.ur.oses o1 that year or 4hen a need has arisen
during the current Bnancial year 1or su..lementary
or additional e2.enditure u.on some ne4 service
not contem.lated in the annual Bnancial statement
1or that year, or
:b< i1 any money has 3een s.ent on any service
during a Bnancial year in e2cess o1 the amount
granted 1or that service and 1or that year,
cause to 3e laid 3e1ore 3oth the Houses o1 Parliament
another statement sho4ing the estimated amount o1 that
e2.enditure or cause to 3e .resented to the House o1 the
Peo.le a demand 1or such e2cess, as the case may 3e9
:6< The .rovisions o1 articles 6, A and 8 shall
have eGect in relation to any such statement and
e2.enditure or demand and also to any la4 to 3e made
authorising the a..ro.riation o1 moneys out o1 the
&onsolidated Fund o1 India to meet such e2.enditure or
the grant in res.ect o1 such demand as they have eGect
in relation to the annual Bnancial statement and the
e2.enditure mentioned therein or to a demand 1or a grant
and the la4 to 3e made 1or the authorisation o1
a..ro.riation o1 moneys out o1 the &onsolidated Fund
o1 India to meet such e2.enditure or grant9
116. :< Not4ithstanding anything in the 1oregoing
.rovisions o1 this &ha.ter, the House o1 the Peo.le shall
have .o4erC
:a< to maEe any grant in advance in res.ect o1 the
estimated e2.enditure 1or a .art o1 any Bnancial
"u..lementary,
additional or
e2cess grants9
#otes on account,
votes o1 credit
and e2ce.tional
grants9
:%art 4.CThe Union.CArts. 8C>9<
F=
year .ending the com.letion o1 the .rocedure
.rescri3ed in article A 1or the voting o1 such grant
and the .assing o1 the la4 in accordance 4ith the
.rovisions o1 article 8 in relation to that
e2.enditure/
:b< to maEe a grant 1or meeting an une2.ected
demand u.on the resources o1 India 4hen on account
o1 the magnitude or the indeBnite character o1 the
service the demand cannot 3e stated 4ith the details
ordinarily given in an annual Bnancial statement/
:c< to maEe an e2ce.tional grant 4hich 1orms no
.art o1 the current service o1 any Bnancial year/
and Parliament shall have .o4er to authorise 3y la4 the
4ithdra4al o1 moneys 1rom the &onsolidated Fund o1
India 1or the .ur.oses 1or 4hich the said grants are
made9
:6< The .rovisions o1 articles A and 8 shall have
eGect in relation to the maEing o1 any grant under clause
:< and to any la4 to 3e made under that clause as they
have eGect in relation to the maEing o1 a grant 4ith
regard to any e2.enditure mentioned in the annual
Bnancial statement and the la4 to 3e made 1or the
authorisation o1 a..ro.riation o1 moneys out o1 the
&onsolidated Fund o1 India to meet such e2.enditure9
117. :< A )ill or amendment maEing .rovision 1or
any o1 the matters s.eciBed in su3;clauses :a< to :!< o1
clause :< o1 article P shall not 3e introduced or moved
e2ce.t on the recommendation o1 the President and a )ill
maEing such .rovision shall not 3e introduced in the
&ouncil o1 "tates,
Provided that no recommendation shall 3e reDuired
under this clause 1or the moving o1 an amendment maEing
.rovision 1or the reduction or a3olition o1 any ta29
:6< A )ill or amendment shall not 3e deemed to maEe
.rovision 1or any o1 the matters a1oresaid 3y reason only
that it .rovides 1or the im.osition o1 Bnes or other
.ecuniary .enalties, or 1or the demand or .ayment o1
1ees 1or licences or 1ees 1or services rendered, or 3y reason
that it .rovides 1or the im.osition, a3olition, remission,
".ecial .rovisions
as to Bnancial )ills9
:%art 4.CThe Union.CArts. >;=9<
FK
alteration or regulation o1 any ta2 3y any local authority
or 3ody 1or local .ur.oses9
:A< A )ill 4hich, i1 enacted and 3rought into
o.eration, 4ould involve e2.enditure 1rom the
&onsolidated Fund o1 India shall not 3e .assed 3y either
House o1 Parliament unless the President has recommended
to that House the consideration o1 the )ill9
%rocedure 'enera##y
118. :< Each House o1 Parliament may maEe rules 1or
regulating, su3Nect to the .rovisions o1 this &onstitution,
its .rocedure and the conduct o1 its 3usiness9
:6< 'ntil rules are made under clause :<, the rules
o1 .rocedure and standing orders in 1orce immediately
3e1ore the commencement o1 this &onstitution 4ith
res.ect to the Legislature o1 the Dominion o1 India shall
have eGect in relation to Parliament su3Nect to such
modiBcations and ada.tations as may 3e made therein
3y the &hairman o1 the &ouncil o1 "tates or the ".eaEer
o1 the House o1 the Peo.le, as the case may 3e9
:A< The President, a1ter consultation 4ith the
&hairman o1 the &ouncil o1 "tates and the ".eaEer o1 the
House o1 the Peo.le, may maEe rules as to the .rocedure
4ith res.ect to Noint sittings o1, and communications
3et4een, the t4o Houses9
:8< At a Noint sitting o1 the t4o Houses the ".eaEer o1
the House o1 the Peo.le, or in his a3sence such .erson
as may 3e determined 3y rules o1 .rocedure made under
clause :A<, shall .reside9
119. Parliament may, 1or the .ur.ose o1 the timely
com.letion o1 Bnancial 3usiness, regulate 3y la4 the
.rocedure o1, and the conduct o1 3usiness in, each House
o1 Parliament in relation to any Bnancial matter or to any
)ill 1or the a..ro.riation o1 moneys out o1 the
&onsolidated Fund o1 India, and, i1 and so 1ar as any
.rovision o1 any la4 so made is inconsistent 4ith any
rule made 3y a House o1 Parliament under clause :< o1
article K or 4ith any rule or standing order having
$ules o1
.rocedure9
$egulation 3y la4
o1 .rocedure in
Parliament in
relation to Bnancial
3usiness9
:%art 4.CThe Union.CArts. =C79<
F7
eGect in relation to Parliament under clause :6< o1 that
article, such .rovision shall .revail9
120. :< Not4ithstanding anything in Part S#II, 3ut
su3Nect to the .rovisions o1 article A8K, 3usiness in
Parliament shall 3e transacted in Hindi or in English,
Provided that the &hairman o1 the &ouncil o1 "tates
or ".eaEer o1 the House o1 the Peo.le, or .erson acting
as such, as the case may 3e, may .ermit any mem3er 4ho
cannot adeDuately e2.ress himsel1 in Hindi or in English
to address the House in his mother;tongue9
:6< 'nless Parliament 3y la4 other4ise .rovides, this
article shall, a1ter the e2.iration o1 a .eriod o1 B1teen
years 1rom the commencement o1 this &onstitution, have
eGect as i1 the 4ords Ior in EnglishI 4ere omitted
there1rom9
121. No discussion shall taEe .lace in Parliament
4ith res.ect to the conduct o1 any -udge o1 the "u.reme
&ourt or o1 a High &ourt in the discharge o1 his duties
e2ce.t u.on a motion 1or .resenting an address to the
President .raying 1or the removal o1 the -udge as
hereina1ter .rovided9
122. :< The validity o1 any .roceedings in Parliament
shall not 3e called in Duestion on the ground o1 any
alleged irregularity o1 .rocedure9
:6< No oMcer or mem3er o1 Parliament in 4hom
.o4ers are vested 3y or under this &onstitution 1or
regulating .rocedure or the conduct o1 3usiness, or 1or
maintaining order, in Parliament shall 3e su3Nect to the
Nurisdiction o1 any court in res.ect o1 the e2ercise 3y him
o1 those .o4ers9
&HAPTE$ III9CLE%I"LATI#E POWE$" OF THE P$E"IDENT
123. :< I1 at any time, e2ce.t 4hen 3oth Houses o1
Parliament are in session, the President is satisBed that
circumstances e2ist 4hich render it necessary 1or him to
taEe immediate action, he may .romulgate such
Ordinances as the circumstances a..ear to him to reDuire9
Language to 3e
used in
Parliament9
$estriction on
discussion in
Parliament9
&ourts not to
inDuire into
.roceedings o1
Parliament9
Po4er o1 President
to .romulgate
Ordinances during
recess o1
Parliament9
:%art 4.CThe Union.CArts. 7C6A9<
>P
:6< An Ordinance .romulgated under this article shall
have the same 1orce and eGect as an Act o1 Parliament,
3ut every such OrdinanceC
:a< shall 3e laid 3e1ore 3oth Houses o1 Parliament
and shall cease to o.erate at the e2.iration o1 si2
4eeEs 1rom the reassem3ly o1 Parliament, or, i1 3e1ore
the e2.iration o1 that .eriod resolutions disa..roving
it are .assed 3y 3oth Houses, u.on the .assing o1 the
second o1 those resolutions/ and
:b< may 3e 4ithdra4n at any time 3y the President9
"xp#anation.CWhere the Houses o1 Parliament are
summoned to reassem3le on diGerent dates, the .eriod o1
si2 4eeEs shall 3e recEoned 1rom the later o1 those
dates 1or the .ur.oses o1 this clause9
:A< I1 and so 1ar as an Ordinance under this article
maEes any .rovision 4hich Parliament 4ould not under
this &onstitution 3e com.etent to enact, it shall 3e void9
H H H H
&HAPTE$ I#9CTHE 'NION -'DI&IA$0
124. :< There shall 3e a "u.reme &ourt o1 India
consisting o1 a &hie1 -ustice o1 India and, until Parliament
3y la4 .rescri3es a larger num3er, o1 not more than
seven6 other -udges9
:6< Every -udge o1 the "u.reme &ourt shall 3e
a..ointed 3y the President 3y 4arrant under his hand
and seal a1ter consultation 4ith such o1 the -udges o1 the
"u.reme &ourt and o1 the High &ourts in the "tates as
the President may deem necessary 1or the .ur.ose and
shall hold oMce until he attains the age o1 si2ty;Bve
years,
Provided that in the case o1 a..ointment o1 a -udge
other than the &hie1 -ustice, the &hie1 -ustice o1 India
Esta3lishment and
constitution o1
"u.reme &ourt9
&l9 :8< 4as ins9 3y the &onstitution :Thirty;eighth Amendment< Act, 7=F, s9 6
:retros.ectively< and omitted 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K,
s9 > :49e919 6P;>;7=7<9
68ow ?t4enty;Bve@, +ide the "u.reme &ourt :Num3er o1 -udges< Amendment Act,
7K> :66 o1 7K><, s9 69
:%art 4.CThe Union.CArts. 6A;689<
>
shall al4ays 3e consulted,
Provided 1urther thatC
:a< a -udge may, 3y 4riting under his hand
:b< a -udge may 3e removed 1rom his oMce in the
manner .rovided in clause :8<9
!:6A< The age o1 a -udge o1 the "u.reme &ourt shall
3e determined 3y such authority and in such manner as
Parliament may 3y la4 .rovide9*
:A< A .erson shall not 3e DualiBed 1or a..ointment as
a -udge o1 the "u.reme &ourt unless he is a citi+en o1
India andC
:a< has 3een 1or at least Bve years a -udge o1 a
High &ourt or o1 t4o or more such &ourts in
succession/ or
:b< has 3een 1or at least ten years an advocate o1
a High &ourt or o1 t4o or more such &ourts in
succession/ or
:c< is, in the o.inion o1 the President, a
distinguished Nurist9
"xp#anation $.CIn this clause IHigh &ourtJJ means a
High &ourt 4hich e2ercises, or 4hich at any time 3e1ore
the commencement o1 this &onstitution e2ercised,
Nurisdiction in any .art o1 the territory o1 India9
"xp#anation $$.CIn com.uting 1or the .ur.ose o1 this
clause the .eriod during 4hich a .erson has 3een an
advocate, any .eriod during 4hich a .erson has held
Nudicial oMce not in1erior to that o1 a district Nudge a1ter
he 3ecame an advocate shall 3e included9
:8< A -udge o1 the "u.reme &ourt shall not 3e removed
1rom his oMce e2ce.t 3y an order o1 the President
.assed a1ter an address 3y each House o1 Parliament
su..orted 3y a maNority o1 the total mem3ershi. o1
that House and 3y a maNority o1 not less than t4othirds
o1 the mem3ers o1 that House .resent and
Ins9 3y the &onstitution :Fi1teenth Amendment< Act, 7>A, s9 69
:%art 4.CThe Union.CArt. 689<
>6
voting has 3een .resented to the President in the same
session 1or such removal on the ground o1 .roved
mis3ehaviour or inca.acity9
:F< Parliament may 3y la4 regulate the .rocedure 1or
the .resentation o1 an address and 1or the investigation
and .roo1 o1 the mis3ehaviour or inca.acity o1 a -udge
under clause :8<9
:>< Every .erson a..ointed to 3e a -udge o1 the
"u.reme &ourt shall, 3e1ore he enters u.on his oMce,
maEe and su3scri3e 3e1ore the President, or some .erson
a..ointed in that 3ehal1 3y him, an oath or aMrmation
according to the 1orm set out 1or the .ur.ose in the Third
"chedule9
:=< No .erson 4ho has held oMce as a -udge o1 the
"u.reme &ourt shall .lead or act in any court or 3e1ore
any authority 4ithin the territory o1 India9
125. !:< There shall 3e .aid to the -udges o1 the
"u.reme &ourt such salaries as may 3e determined 3y
Parliament 3y la4 and, until .rovision in that 3ehal1 is
so made, such salaries as are s.eciBed in the "econd
"chedule9*
:6< Every -udge shall 3e entitled to such .rivileges
and allo4ances and to such rights in res.ect o1 leave o1
a3sence and .ension as may 1rom time to time 3e
determined 3y or under la4 made 3y Parliament and,
until so determined, to such .rivileges, allo4ances and
rights as are s.eciBed in the "econd "chedule,
Provided that neither the .rivileges nor the
allo4ances o1 a -udge nor his rights in res.ect o1 leave
o1 a3sence or .ension shall 3e varied to his disadvantage
a1ter his a..ointment9
1269 When the oMce o1 &hie1 -ustice o1 India is vacant
or 4hen the &hie1 -ustice is, 3y reason o1 a3sence or
other4ise, una3le to .er1orm the duties o1 his oMce,
"u3s9 3y the &onstitution :Fi1ty;1ourth Amendment< Act, 7K>, s9 6, 1or cl9 :< :49e919
;8;7K><9
"alaries, etc9, o1
-udges9
A..ointment o1
acting &hie1 -ustice9
:%art 4.CThe Union.CArts. 68C6>9<
>A
the duties o1 the oMce shall 3e .er1ormed 3y such one o1
the other -udges o1 the &ourt as the President may a..oint
1or the .ur.ose9
127. :< I1 at any time there should not 3e a Duorum
o1 the -udges o1 the "u.reme &ourt availa3le to hold or
continue any session o1 the &ourt, the &hie1 -ustice o1
India may, 4ith the .revious consent o1 the President
and a1ter consultation 4ith the &hie1 -ustice o1 the High
&ourt concerned, reDuest in 4riting the attendance at
the sittings o1 the &ourt, as an ad hoc -udge, 1or such
.eriod as may 3e necessary, o1 a -udge o1 a High &ourt
duly DualiBed 1or a..ointment as a -udge o1 the "u.reme
&ourt to 3e designated 3y the &hie1 -ustice o1 India9
:6< It shall 3e the duty o1 the -udge 4ho has 3een so
designated, in .riority to other duties o1 his oMce, to
attend the sittings o1 the "u.reme &ourt at the time and
1or the .eriod 1or 4hich his attendance is reDuired, and
4hile so attending he shall have all the Nurisdiction,
.o4ers and .rivileges, and shall discharge the duties, o1
a -udge o1 the "u.reme &ourt9
128. Not4ithstanding anything in this &ha.ter, the
&hie1 -ustice o1 India may at any time, 4ith the .revious
consent o1 the President, reDuest any .erson 4ho has
held the oMce o1 a -udge o1 the "u.reme &ourt or o1 the
Federal &ourt !or 4ho has held the oMce o1 a -udge o1
a High &ourt and is duly DualiBed 1or a..ointment as a
-udge o1 the "u.reme &ourt* to sit and act as a -udge o1
the "u.reme &ourt, and every such .erson so reDuested
shall, 4hile so sitting and acting, 3e entitled to such
allo4ances as the President may 3y order determine and
have all the Nurisdiction, .o4ers and .rivileges o1, 3ut
shall not other4ise 3e deemed to 3e, a -udge o1 that
&ourt,
Provided that nothing in this article shall 3e deemed
to reDuire any such .erson as a1oresaid to sit and act as
a -udge o1 that &ourt unless he consents so to do9
Ins9 3y the &onstitution :Fi1teenth Amendment< Act, 7>A, s9 A9
A..ointment o1
ad hoc -udges9
Attendance o1
retired -udges at
sittings o1 the
"u.reme &ourt9
>8
129. The "u.reme &ourt shall 3e a court o1 record
and shall have all the .o4ers o1 such a court including
the .o4er to .unish 1or contem.t o1 itsel19
130. The "u.reme &ourt shall sit in Delhi or in such
other .lace or .laces, as the &hie1 -ustice o1 India may,
4ith the a..roval o1 the President, 1rom time to time,
a..oint9
131. "u3Nect to the .rovisions o1 this &onstitution, the
"u.reme &ourt shall, to the e2clusion o1 any other court,
have original Nurisdiction in any dis.uteC
:a< 3et4een the %overnment o1 India and one or
more "tates/ or
:b< 3et4een the %overnment o1 India and any
"tate or "tates on one side and one or more other
"tates on the other/ or
:c< 3et4een t4o or more "tates,
i1 and in so 1ar as the dis.ute involves any Duestion
:4hether o1 la4 or 1act< on 4hich the e2istence or e2tent
o1 a legal right de.ends,
!Provided that the said Nurisdiction shall not e2tend
to a dis.ute arising out o1 any treaty, agreement, covenant,
engagement, sanad or other similar instrument 4hich,
having 3een entered into or e2ecuted 3e1ore the
commencement o1 this &onstitution, continues in o.eration
a1ter such commencement, or 4hich .rovides that the
said Nurisdiction shall not e2tend to such a dis.ute9*
6131A. !"xc#usi+e -urisdiction o! the Supreme Court in
re(ard to )uestions as to constitutiona# +a#idity o! Centra#
#aws.* Rep. by the Constitution (*orty-third Amendment) Act
7==, s. 8 :w.e.!. A;8;7=K<9
132. :< An a..eal shall lie to the "u.reme &ourt
1rom any Nudgment, decree or Bnal order o1 a High &ourt
in the territory o1 India, 4hether in a civil, criminal or
"u.reme &ourt to
3e a court o1
record9
"eat o1 "u.reme
&ourt9
Original
Nurisdiction o1 the
"u.reme &ourt9
A..ellate
Nurisdiction o1
"u.reme &ourt in
a..eals 1rom High
&ourts in certain
cases9
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 F, 1or the .roviso9
6Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 6A :49e919 ;6;7==<9
:%art 4.CThe Union.CArts. 67CA69<
>F
other .roceeding, !i1 the High &ourt certiBes under article
A8A* that the case involves a su3stantial Duestion o1
la4 as to the inter.retation o1 this &onstitution9
6H H H H
:A< Where such a certiBcate is given, AHHH any .arty in
the case may a..eal to the "u.reme &ourt on the ground
that any such Duestion as a1oresaid has 3een 4rongly
decided AHHH9
"xp#anation9CFor the .ur.oses o1 this article, the
e2.ression ?Bnal order@ includes an order deciding an
issue 4hich, i1 decided in 1avour o1 the a..ellant, 4ould
3e suMcient 1or the Bnal dis.osal o1 the case9
133. 8!:< An a..eal shall lie to the "u.reme &ourt
1rom any Nudgment, decree or Bnal order in a civil
.roceeding o1 a High &ourt in the territory o1 India F!i1
the High &ourt certiBes under article A8AC*
:a< that the case involves a su3stantial Duestion o1
la4 o1 general im.ortance/ and
:b< that in the o.inion o1 the High &ourt the said
Duestion needs to 3e decided 3y the "u.reme &ourt9*
:6< Not4ithstanding anything in article A6, any .arty
a..ealing to the "u.reme &ourt under clause :< may
urge as one o1 the grounds in such a..eal that a
su3stantial Duestion o1 la4 as to the inter.retation o1 this
&onstitution has 3een 4rongly decided9
:A< Not4ithstanding anything in this article, no
a..eal shall, unless Parliament 3y la4 other4ise
.rovides, lie to the "u.reme &ourt 1rom the Nudgment,
decree or Bnal order o1 one -udge o1 a High &ourt9
A..ellate
Nurisdiction o1
"u.reme &ourt in
a..eals 1rom High
&ourts in regard to
civil matters9
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 =, 1or ?i1 the High
&ourt certiBes@ :49e919 ;K;7=7<9
6&l9 :6< omitted 3y s9 =, ibid. :49e919 ;K;7=7<9
A&ertain 4ords omitted 3y s9 =, ibid. :49e919 ;K;7=7<9
8"u3s9 3y the &onstitution :Thirtieth Amendment< Act, 7=6, s9 6, 1or cl9 :< :49e919
6=;6;7=A<9
F"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 K, 1or ?i1 the High
&ourt certiBesC@ :49e919 ;K;7=7<9
:%art 4.CThe Union.CArts. A6;AA9<
>>
134. :< An a..eal shall lie to the "u.reme &ourt
1rom any Nudgment, Bnal order or sentence in a criminal
.roceeding o1 a High &ourt in the territory o1 India i1
the High &ourtC
:a< has on a..eal reversed an order o1 acDuittal o1
an accused .erson and sentenced him to death/ or
:b< has 4ithdra4n 1or trial 3e1ore itsel1 any case
1rom any court su3ordinate to its authority and has
in such trial convicted the accused .erson and
sentenced him to death/ or
:c< !certiBes under article A8A* that the case is a
Bt one 1or a..eal to the "u.reme &ourt,
Provided that an a..eal under su3;clause :c< shall
lie su3Nect to such .rovisions as may 3e made in that
3ehal1 under clause :< o1 article 8F and to such
conditions as the High &ourt may esta3lish or reDuire9
:6< Parliament may 3y la4 con1er on the "u.reme
&ourt any 1urther .o4ers to entertain and hear a..eals
1rom any Nudgment, Bnal order or sentence in a criminal
.roceeding o1 a High &ourt in the territory o1 India
su3Nect to such conditions and limitations as may 3e
s.eciBed in such la49
6!134A. Every High &ourt, .assing or maEing a
Nudgment, decree, Bnal order, or sentence, re1erred to in
clause :< o1 article A6 or clause :< o1 article AA, or
clause :< o1 article A8,C
:a< may, i1 it deems Bt so to do, on its o4n motion/
and
:b< shall, i1 an oral a..lication is made, 3y or on
3ehal1 o1 the .arty aggrieved, immediately a1ter the
.assing or maEing o1 such Nudgment, decree, Bnal
order or sentence,
determine, as soon as may 3e a1ter such .assing or
maEing, the Duestion 4hether a certiBcate o1 the nature
A..ellate
Nurisdiction o1
"u.reme &ourt in
regard to criminal
matters9
&ertiBcate 1or
a..eal to the
"u.reme &ourt9
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 7, 1or ?certiBes@
:49e919 ;K;7=7<9
6Ins9 3y s9 6P, ibid9 :49e919 ;K;7=7<9
:%art 4.CThe Union.CArts. A8;A8A9<
>=
re1erred to in clause :< o1 article A6, or clause :< o1
article AA or, as the case may 3e, su3;clause :c< o1 clause
:< o1 article A8, may 3e given in res.ect o1 that case9*
135. 'ntil Parliament 3y la4 other4ise .rovides, the
"u.reme &ourt shall also have Nurisdiction and .o4ers
4ith res.ect to any matter to 4hich the .rovisions o1
article AA or article A8 do not a..ly i1 Nurisdiction and
.o4ers in relation to that matter 4ere e2ercisa3le 3y the
Federal &ourt immediately 3e1ore the commencement o1
this &onstitution under any e2isting la49
136. :< Not4ithstanding anything in this &ha.ter,
the "u.reme &ourt may, in its discretion, grant s.ecial
leave to a..eal 1rom any Nudgment, decree, determination,
sentence or order in any cause or matter .assed or made
3y any court or tri3unal in the territory o1 India9
:6< Nothing in clause :< shall a..ly to any Nudgment,
determination, sentence or order .assed or made 3y any
court or tri3unal constituted 3y or under any la4 relating
to the Armed Forces9
137. "u3Nect to the .rovisions o1 any la4 made 3y
Parliament or any rules made under article 8F, the
"u.reme &ourt shall have .o4er to revie4 any Nudgment
.ronounced or order made 3y it9
138. :< The "u.reme &ourt shall have such 1urther
Nurisdiction and .o4ers 4ith res.ect to any o1 the matters
in the 'nion List as Parliament may 3y la4 con1er9
:6< The "u.reme &ourt shall have such 1urther
Nurisdiction and .o4ers 4ith res.ect to any matter as the
%overnment o1 India and the %overnment o1 any "tate
may 3y s.ecial agreement con1er, i1 Parliament 3y la4
.rovides 1or the e2ercise o1 such Nurisdiction and .o4ers
3y the "u.reme &ourt9
139. Parliament may 3y la4 con1er on the "u.reme
&ourt .o4er to issue directions, orders or 4rits, including
4rits in the nature o1 habeas corpus mandamus, .rohi3ition,
)uo warranto and certiorari or any o1 them, 1or any
.ur.oses other than those mentioned in clause :6< o1
article A69
-urisdiction and
.o4ers o1 the
Federal &ourt
under e2isting la4
to 3e e2ercisa3le 3y
the "u.reme &ourt9
".ecial leave to
a..eal 3y the
"u.reme &ourt9
$evie4 o1
Nudgments or
orders 3y the
"u.reme &ourt9
Enlargement o1
the Nurisdiction o1
the "u.reme
&ourt9
&on1erment on
the "u.reme
&ourt o1 .o4ers
to issue certain
4rits9
:%art 4.CThe Union.CArts. A8ACA79<
>K
!139A. 6!:< Where cases involving the same or
su3stantially the same Duestions o1 la4 are .ending
3e1ore the "u.reme &ourt and one or more High &ourts
or 3e1ore t4o or more High &ourts and the "u.reme
&ourt is satisBed on its o4n motion or on an a..lication
made 3y the Attorney;%eneral o1 India or 3y a .arty to
any such case that such Duestions are su3stantial
Duestions o1 general im.ortance, the "u.reme &ourt may
4ithdra4 the case or cases .ending 3e1ore the High &ourt
or the High &ourts and dis.ose o1 all the cases itsel1,
Provided that the "u.reme &ourt may a1ter
determining the said Duestions o1 la4 return any case so
4ithdra4n together 4ith a co.y o1 its Nudgment on such
Duestions to the High &ourt 1rom 4hich the case has
3een 4ithdra4n, and the High &ourt shall on recei.t
thereo1, .roceed to dis.ose o1 the case in con1ormity
4ith such Nudgment9*
:6< The "u.reme &ourt may, i1 it deems it e2.edient
so to do 1or the ends o1 Nustice, trans1er any case, a..eal
or other .roceedings .ending 3e1ore any High &ourt to
any other High &ourt9*
140. Parliament may 3y la4 maEe .rovision 1or
con1erring u.on the "u.reme &ourt such su..lemental
.o4ers not inconsistent 4ith any o1 the .rovisions o1
this &onstitution as may a..ear to 3e necessary or
desira3le 1or the .ur.ose o1 ena3ling the &ourt more
eGectively to e2ercise the Nurisdiction con1erred u.on it 3y
or under this &onstitution9
141. The la4 declared 3y the "u.reme &ourt shall 3e
3inding on all courts 4ithin the territory o1 India9
142. :< The "u.reme &ourt in the e2ercise o1 its
Nurisdiction may .ass such decree or maEe such order as
is necessary 1or doing com.lete Nustice in any cause or
matter .ending 3e1ore it, and any decree so .assed or
Trans1er o1 certain
cases9
Ancillary .o4ers o1
"u.reme &ourt9
Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 68 :49e919 ;6;7==<9
6"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 6, 1or cl9 :< :49e919
;K;7=7<9
La4 declared 3y
"u.reme &ourt to 3e
3inding on all courts9
En1orcement o1
decrees and orders
o1 "u.reme &ourt
and orders as to
discovery, etc9
:%art 4.CThe Union.CArts. A7AC869<
>7
order so made shall 3e en1orcea3le throughout the
territory o1 India in such manner as may 3e .rescri3ed
3y or under any la4 made 3y Parliament and, until
.rovision in that 3ehal1 is so made, in such manner as
the President may 3y order .rescri3e9
:6< "u3Nect to the .rovisions o1 any la4 made in this
3ehal1 3y Parliament, the "u.reme &ourt shall, as res.ects
the 4hole o1 the territory o1 India, have all and every
.o4er to maEe any order 1or the .ur.ose o1 securing the
attendance o1 any .erson, the discovery or .roduction o1
any documents, or the investigation or .unishment o1
any contem.t o1 itsel19
143. :< I1 at any time it a..ears to the President that
a Duestion o1 la4 or 1act has arisen, or is liEely to arise,
4hich is o1 such a nature and o1 such .u3lic im.ortance
that it is e2.edient to o3tain the o.inion o1 the "u.reme
&ourt u.on it, he may re1er the Duestion to that &ourt 1or
consideration and the &ourt may, a1ter such hearing as it
thinEs Bt, re.ort to the President its o.inion thereon9
:6< The President may, not4ithstanding anything in
6HHH the .roviso to article A, re1er a dis.ute o1 the Eind
mentioned in the A!said .roviso* to the "u.reme &ourt
1or o.inion and the "u.reme &ourt shall, a1ter such
hearing as it thinEs Bt, re.ort to the President its o.inion
thereon9
144. All authorities, civil and Nudicial, in the territory
o1 India shall act in aid o1 the "u.reme &ourt9
8144A. !Specia# pro+isions as to disposa# o! )uestions
re#atin( to constitutiona# +a#idity o! #aws.* Rep. by the
Constitution :*orty-third Amendment< Act 7==, s. F
:49e919 A;8;7=K<9
Po4er o1 President
to consult "u.reme
&ourt9
&ivil and Nudicial
authorities to act in
aid o1 the "u.reme
&ourt9
See the "u.reme &ourt :Decrees and Orders< En1orcement Order, 7F8 :&9 O9 8=<9
6The 4ords , 3racEets and Bgures ?clause :i< o1@ omitted 3y the &onstitution :"eventh
A"u3s9 3y s9 67 and "ch9, ibid. 1or ?said clause@9
8Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 6F :49e919 ;6;7==<9
:%art 4.CThe Union.CArts. 86C88A9<
=P
145. :< "u3Nect to the .rovisions o1 any la4 made 3y
Parliament, the "u.reme &ourt may 1rom time to time,
4ith the a..roval o1 the President, maEe rules 1or
regulating generally the .ractice and .rocedure o1 the
&ourt includingC
:a< rules as to the .ersons .ractising 3e1ore the
&ourt/
:b< rules as to the .rocedure 1or hearing a..eals
and other matters .ertaining to a..eals including
the time 4ithin 4hich a..eals to the &ourt are to 3e
entered/
:c< rules as to the .roceedings in the &ourt 1or the
en1orcement o1 any o1 the rights con1erred 3y Part III/
!:cc< rules as to the .roceedings in the &ourt
under 6!article A7A*/*
:d< rules as to the entertainment o1 a..eals under
su3;clause :c< o1 clause :< o1 article A8/
:e< rules as to the conditions su3Nect to 4hich any
Nudgment .ronounced or order made 3y the &ourt
may 3e revie4ed and the .rocedure 1or such revie4
including the time 4ithin 4hich a..lications to the
&ourt 1or such revie4 are to 3e entered/
:!< rules as to the costs o1 and incidental to any
.roceedings in the &ourt and as to the 1ees to 3e
charged in res.ect o1 .roceedings therein/
:(< rules as to the granting o1 3ail/
:h< rules as to stay o1 .roceedings/
:i< rules .roviding 1or the summary determination
o1 any a..eal 4hich a..ears to the &ourt to 3e
1rivolous or ve2atious or 3rought 1or the .ur.ose o1
delay/
:-< rules as to the .rocedure 1or inDuiries re1erred
to in clause :< o1 article A=9
$ules o1 &ourt, etc9
Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 6> :49e919 ;6;7==<9
6"u3s9 3y the &onstitution :Forty;third Amendment< Act, 7==, s9 >, 1or ?articles AA
and A7A@ :49e919 A;8;7=K<9
:%art 4.CThe Union.CArt. 8F9<
=
:6< "u3Nect to the !.rovisions o1 6HHH clause :A<*, rules
made under this article may B2 the minimum num3er o1
-udges 4ho are to sit 1or any .ur.ose, and may .rovide
1or the .o4ers o1 single -udges and Division &ourts9
:A< A!6HHH The minimum num3er* o1 -udges 4ho are to
sit 1or the .ur.ose o1 deciding any case involving a
su3stantial Duestion o1 la4 as to the inter.retation o1 this
&onstitution or 1or the .ur.ose o1 hearing any re1erence
under article 8A shall 3e Bve,
Provided that, 4here the &ourt hearing an a..eal
under any o1 the .rovisions o1 this &ha.ter other than
article A6 consists o1 less than Bve -udges and in the
course o1 the hearing o1 the a..eal the &ourt is satisBed
that the a..eal involves a su3stantial Duestion o1 la4 as
to the inter.retation o1 this &onstitution the determination
o1 4hich is necessary 1or the dis.osal o1 the a..eal, such
&ourt shall re1er the Duestion 1or o.inion to a &ourt
constituted as reDuired 3y this clause 1or the .ur.ose o1
deciding any case involving such a Duestion and shall
on recei.t o1 the o.inion dis.ose o1 the a..eal in
con1ormity 4ith such o.inion9
:8< No Nudgment shall 3e delivered 3y the "u.reme
&ourt save in o.en &ourt, and no re.ort shall 3e made
under article 8A save in accordance 4ith an o.inion
also delivered in o.en &ourt9
:F< No Nudgment and no such o.inion shall 3e
delivered 3y the "u.reme &ourt save 4ith the
concurrence o1 a maNority o1 the -udges .resent at the
hearing o1 the case, 3ut nothing in this clause shall 3e
deemed to .revent a -udge 4ho does not concur 1rom
delivering a dissenting Nudgment or o.inion9
146. :< A..ointments o1 oMcers and servants o1 the
"u.reme &ourt shall 3e made 3y the &hie1 -ustice o1
India or such other -udge or oMcer o1 the &ourt as he
may direct,
"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 6>, 1or ?.rovisions
o1 clause :A<@ :49e919 ;6;7==<9
6&ertain 4ords omitted 3y the &onstitution :Forty;third Amendment< Act, 7==, s9 >
:49e919 A;8;7=K<9
A"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 6>, 1or ?The minimum
num3er@ :49e919 ;6;7==<9
OMcers and
servants and the
e2.enses o1 the
"u.reme &ourt9
:%art 4.CThe Union.CArts. 8F;8>9<
=6
Provided that the President may 3y rule reDuire that
in such cases as may 3e s.eciBed in the rule, no .erson
not already attached to the &ourt shall 3e a..ointed to
any oMce connected 4ith the &ourt, save a1ter
consultation 4ith the 'nion Pu3lic "ervice &ommission9
:6< "u3Nect to the .rovisions o1 any la4 made 3y
Parliament, the conditions o1 service o1 oMcers and
servants o1 the "u.reme &ourt shall 3e such as may 3e
.rescri3ed 3y rules made 3y the &hie1 -ustice o1 India or
3y some other -udge or oMcer o1 the &ourt authorised
3y the &hie1 -ustice o1 India to maEe rules 1or the
.ur.ose,
Provided that the rules made under this clause shall,
so 1ar as they relate to salaries, allo4ances, leave or
.ensions, reDuire the a..roval o1 the President9
:A< The administrative e2.enses o1 the "u.reme &ourt,
including all salaries, allo4ances and .ensions
.aya3le to or in res.ect o1 the oMcers and servants o1
the &ourt, shall 3e charged u.on the &onsolidated Fund
o1 India, and any 1ees or other moneys taEen 3y the
&ourt shall 1orm .art o1 that Fund9
147. In this &ha.ter and in &ha.ter # o1 Part #I,
re1erences to any su3stantial Duestion o1 la4 as to the
inter.retation o1 this &onstitution shall 3e construed as
including re1erences to any su3stantial Duestion o1 la4
as to the inter.retation o1 the %overnment o1 India Act,
7AF :including any enactment amending or
su..lementing that Act<, or o1 any Order in &ouncil or
order made thereunder, or o1 the Indian Inde.endence
Act, 78=, or o1 any order made thereunder9
&HAPTE$ #9C&O(PT$OLLE$ AND A'DITO$;%ENE$AL OF
INDIA
148. :< There shall 3e a &om.troller and Auditor;
%eneral o1 India 4ho shall 3e a..ointed 3y the President
3y 4arrant under his hand and seal and shall only 3e
removed 1rom oMce in liEe manner and on the liEe
grounds as a -udge o1 the "u.reme &ourt9
Inter.retation9
&om.troller and
Auditor;%eneral
o1 India9
=A
:6< Every .erson a..ointed to 3e the &om.troller and
Auditor;%eneral o1 India shall, 3e1ore he enters u.on
his oMce, maEe and su3scri3e 3e1ore the President, or
some .erson a..ointed in that 3ehal1 3y him, an oath or
aMrmation according to the 1orm set out 1or the .ur.ose
:A< The salary and other conditions o1 service o1 the
&om.troller and Auditor;%eneral shall 3e such as may
3e determined 3y Parliament 3y la4 and, until they are
so determined, shall 3e as s.eciBed in the "econd
"chedule,
Provided that neither the salary o1 a &om.troller and
Auditor;%eneral nor his rights in res.ect o1 leave o1
a3sence, .ension or age o1 retirement shall 3e varied to
his disadvantage a1ter his a..ointment9
:8< The &om.troller and Auditor;%eneral shall not
3e eligi3le 1or 1urther oMce either under the %overnment
o1 India or under the %overnment o1 any "tate a1ter he
has ceased to hold his oMce9
:F< "u3Nect to the .rovisions o1 this &onstitution and
o1 any la4 made 3y Parliament, the conditions o1 service
o1 .ersons serving in the Indian Audit and Accounts
De.artment and the administrative .o4ers o1 the
&om.troller and Auditor;%eneral shall 3e such as may
3e .rescri3ed 3y rules made 3y the President a1ter
consultation 4ith the &om.troller and Auditor;%eneral9
:>< The administrative e2.enses o1 the oMce o1 the
&om.troller and Auditor;%eneral, including all salaries,
allo4ances and .ensions .aya3le to or in res.ect o1 the
.ersons serving in that oMce, shall 3e charged u.on the
&onsolidated Fund o1 India9
149. The &om.troller and Auditor;%eneral shall
.er1orm such duties and e2ercise such .o4ers in relation
to the accounts o1 the 'nion and o1 the "tates and o1 any
other authority or 3ody as may 3e .rescri3ed 3y or under
any la4 made 3y Parliament and, until .rovision in that
3ehal1 is so made, shall .er1orm such duties and e2ercise
such .o4ers in relation to the accounts o1 the 'nion and
Duties and
.o4ers o1 the
&om.troller and
Auditor;%eneral9
:%art 4.CThe Union.CArts. 8K;879<
=8
o1 the "tates as 4ere con1erred on or e2ercisa3le 3y the
Auditor;%eneral o1 India immediately 3e1ore the
commencement o1 this &onstitution in relation to the
accounts o1 the Dominion o1 India and o1 the Provinces
res.ectively9
!150. The accounts o1 the 'nion and o1 the "tates
shall 3e Ee.t in such 1orm as the President may, 6!on the
advice o1* the &om.troller and Auditor;%eneral o1 India,
.rescri3e9*
151. :< The re.orts o1 the &om.troller and Auditor;
%eneral o1 India relating to the accounts o1 the 'nion
shall 3e su3mitted to the President, 4ho shall cause them
to 3e laid 3e1ore each House o1 Parliament9
:6< The re.orts o1 the &om.troller and Auditor;
%eneral o1 India relating to the accounts o1 a "tate shall
3e su3mitted to the %overnor AHHH o1 the "tate, 4ho shall
cause them to 3e laid 3e1ore the Legislature o1 the "tate9
"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 6=, 1or art9 FP
:49e919 ;8;7==<9
6"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 66, 1or ?a1ter
consultation 4ith@ :49e919 6P;>;7=7<9
AThe 4ords ?or $aN.ramuEh@ omitted 3y the &onstitution :"eventh Amendment< Act,
7F>, s9 67 and "ch9
Form o1 accounts
o1 the 'nion and
o1 the "tates9
Audit re.orts9
:%art 4.CThe Union.CArts. 87CF9<
=F
PART VI
THE "TATE" HHH
&HAPTE$ I9C%ENE$AL
the e2.ression ?"tate@ 6!does not include the "tate o1
-ammu and Rashmir*9
&HAPTE$ II9CTHE ESE&'TI#E
The 'o+ernor
153. There shall 3e a %overnor 1or each "tate,
A!Provided that nothing in this article shall .revent
the a..ointment o1 the same .erson as %overnor 1or t4o
or more "tates9*
154. :< The e2ecutive .o4er o1 the "tate shall 3e
vested in the %overnor and shall 3e e2ercised 3y him
either directly or through oMcers su3ordinate to him in
accordance 4ith this &onstitution9
:6< Nothing in this article shallC
:a< 3e deemed to trans1er to the %overnor any
1unctions con1erred 3y any e2isting la4 on any other
authority/ or
:b< .revent Parliament or the Legislature o1 the
"tate 1rom con1erring 3y la4 1unctions on any
authority su3ordinate to the %overnor9
155. The %overnor o1 a "tate shall 3e a..ointed 3y
the President 3y 4arrant under his hand and seal9
156. :< The %overnor shall hold oMce during the
.leasure o1 the President9
DeBnition9
=>
%overnors o1
"tates9
E2ecutive .o4er
o1 "tate9
A..ointment o1
%overnor9
Term o1 oMce o1
%overnor9
The 4ords ?IN PA$T A OF THE FI$"T "&HED'LE@ omitted 3y the &onstitution
:"eventh Amendment< Act, 7F>, s9 67 and "ch9
6"u3s9 3y s9 67 and "ch9, ibid. 1or ?means a "tate s.eciBed in Part A o1 the First
"chedule@9
AAdded 3y s9 >, ibid9
:6< The %overnor may, 3y 4riting under his hand
addressed to the President, resign his oMce9
:A< "u3Nect to the 1oregoing .rovisions o1 this article,
a %overnor shall hold oMce 1or a term o1 Bve years 1rom
the date on 4hich he enters u.on his oMce,
Provided that a %overnor shall, not4ithstanding the
e2.iration o1 his term, continue to hold oMce until his
successor enters u.on his oMce9
157. No .erson shall 3e eligi3le 1or a..ointment as
%overnor unless he is a citi+en o1 India and has
com.leted the age o1 thirty;Bve years9
158. :< The %overnor shall not 3e a mem3er o1 either
any "tate s.eciBed in the First "chedule, and i1 a mem3er
o1 either House o1 Parliament or o1 a House o1 the
Legislature o1 any such "tate 3e a..ointed %overnor, he
shall 3e deemed to have vacated his seat in that House
on the date on 4hich he enters u.on his oMce as
%overnor9
:6< The %overnor shall not hold any other oMce o1
.roBt9
:A< The %overnor shall 3e entitled 4ithout .ayment
o1 rent to the use o1 his oMcial residences and shall 3e
also entitled to such emoluments, allo4ances and
.rivileges as may 3e determined 3y Parliament 3y la4
and, until .rovision in that 3ehal1 is so made, such
emoluments, allo4ances and .rivileges as are s.eciBed
in the "econd "chedule9
!:AA< Where the same .erson is a..ointed as
%overnor o1 t4o or more "tates, the emoluments and
allo4ances .aya3le to the %overnor shall 3e allocated
among the "tates in such .ro.ortion as the President
may 3y order determine9*
:8< The emoluments and allo4ances o1 the %overnor
shall not 3e diminished during his term o1 oMce9
159. Every %overnor and every .erson discharging
the 1unctions o1 the %overnor shall, 3e1ore entering u.on
his oMce, maEe and su3scri3e in the .resence o1 the &hie1
-ustice o1 the High &ourt e2ercising Nurisdiction in
relation to the "tate, or, in his a3sence, the seniormost
5ualiBcations 1or
a..ointment as
%overnor9
&onditions o1
%overnorJs oMce9
Oath or aMrmation
3y the %overnor9
Ins9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 =9
:%art 4$.CThe States.CArts. F>CF79<
==
-udge o1 that &ourt availa3le, an oath or aMrmation in
the 1ollo4ing 1orm, that is to sayC
?I, A9 )9, do s4ear in the name o1 %od that I 4ill 1aith1ully
e2ecute the oMce o1 %overnor :or discharge the 1unctions
o1 the %overnor< o1 9999999999999:name o! the State< and 4ill to
the 3est o1 my a3ility .reserve, .rotect and de1end the
&onstitution and the la4 and that I 4ill devote mysel1 to
the service and 4ell;3eing o1 the .eo.le o1 99UUU:name
o! the State<9@
160. The President may maEe such .rovision as he
thinEs Bt 1or the discharge o1 the 1unctions o1 the
%overnor o1 a "tate in any contingency not .rovided 1or
in this &ha.ter9
161. The %overnor o1 a "tate shall have the .o4er to
grant .ardons, re.rieves, res.ites or remissions o1
.unishment or to sus.end, remit or commute the sentence
o1 any .erson convicted o1 any oGence against any la4
relating to a matter to 4hich the e2ecutive .o4er o1 the
"tate e2tends9
162. "u3Nect to the .rovisions o1 this &onstitution, the
e2ecutive .o4er o1 a "tate shall e2tend to the matters
4ith res.ect to 4hich the Legislature o1 the "tate has
.o4er to maEe la4s,
Provided that in any matter 4ith res.ect to 4hich
the Legislature o1 a "tate and Parliament have .o4er to
maEe la4s, the e2ecutive .o4er o1 the "tate shall 3e
su3Nect to, and limited 3y, the e2ecutive .o4er e2.ressly
con1erred 3y this &onstitution or 3y any la4 made 3y
Parliament u.on the 'nion or authorities thereo19
Counci# o! /inisters
163. :< There shall 3e a &ouncil o1 (inisters 4ith the
&hie1 (inister at the head to aid and advise the %overnor
in the e2ercise o1 his 1unctions, e2ce.t in so 1ar as he is
3y or under this &onstitution reDuired to e2ercise his
1unctions or any o1 them in his discretion9
:6< I1 any Duestion arises 4hether any matter is or is
not a matter as res.ects 4hich the %overnor is 3y or
under this &onstitution reDuired to act in his discretion,
the decision o1 the %overnor in his discretion shall 3e
Bnal, and the validity o1 anything done 3y the %overnor
shall not 3e called in Duestion on the ground that he
ought or ought not to have acted in his discretion9
solemnly aMrm
Discharge o1 the
1unctions o1 the
%overnor in certain
contingencies9
Po4er o1 %overnor
to grant .ardons,
etc9, and to
sus.end, remit or
commute sentences
in certain cases9
E2tent o1 e2ecutive
.o4er o1 "tate9
&ouncil o1
(inisters to aid
and advise
%overnor9
:%art 4$.CThe States.CArts. F7C>A9<
=K
:A< The Duestion 4hether any, and i1 so 4hat, advice
4as tendered 3y (inisters to the %overnor shall not 3e
inDuired into in any court9
164. :< The &hie1 (inister shall 3e a..ointed 3y the
%overnor and the other (inisters shall 3e a..ointed 3y
the %overnor on the advice o1 the &hie1 (inister, and the
(inisters shall hold oMce during the .leasure o1 the
%overnor,
Provided that in the "tates o1 !&hhattisgarh,
-harEhand*, (adhya Pradesh and Orissa, there shall 3e
a (inister in charge o1 tri3al 4el1are 4ho may in addition
3e in charge o1 the 4el1are o1 the "cheduled &astes and
3acE4ard classes or any other 4orE9
6!:A< The total num3er o1 (inisters, including the
&hie1 (inister, in the &ouncil o1 (inisters in a "tate shall
not e2ceed B1teen .er cent9 o1 the total num3er o1
mem3ers o1 the Legislative Assem3ly o1 that "tate,
Provided that the num3er o1 (inisters, including the
&hie1 (inister in a "tate shall not 3e less than t4elve,
Provided 1urther that 4here the total num3er o1
(inisters including the &hie1 (inister in the &ouncil o1
(inisters in any "tate at the commencement o1 the
&onstitution :Ninety;Brst Amendment< Act, 6PPA e2ceeds
the said B1teen .er cent9 or the num3er s.eciBed in the
Brst .roviso, as the case may 3e, then the total num3er o1
(inisters in that "tate shall 3e 3rought in con1ormity
4ith the .rovisions o1 this clause 4ithin si2 months 1rom
such dateH as the President may 3y .u3lic notiBcation
a..oint9
:)< A mem3er o1 the Legislative Assem3ly o1 a "tate
or either House o1 the Legislature o1 a "tate having
Legislative &ouncil 3elonging to any .olitical .arty 4ho
is disDualiBed 1or 3eing a mem3er o1 that House under
.aragra.h 6 o1 the Tenth "chedule shall also 3e
disDualiBed to 3e a..ointed as a (inister under clause
:< 1or duration o1 the .eriod commencing 1rom the date
o1 his disDualiBcation till the date on 4hich the term o1
his oMce as such mem3er 4ould e2.ire or 4here he
contests any election to the Legislative Assem3ly o1 a
"tate or either House o1 the Legislature o1 a "tate having
Legislative &ouncil, as the case may 3e, 3e1ore the e2.iry
o1 such .eriod, till the date on 4hich he is declared
elected, 4hichever is earlier9*
Other .rovisions
as to (inisters9
"u3s9 3y the &onstitution :Ninety;1ourth Amendment< Act, 6PP>, s9 6, 1or ?)ihar@9
6Ins9 3y the &onstitution :Ninety;Brst Amendment< Act, 6PPA, s9 A9
H=;;6PP8, +ide "9O9 6:E<, dated =;;6PP89
:%art 4$.CThe States.CArts. >A;>89<
=7
:6< The &ouncil o1 (inisters shall 3e collectively
res.onsi3le to the Legislative Assem3ly o1 the "tate9
:A< )e1ore a (inister enters u.on his oMce, the
%overnor shall administer to him the oaths o1 oMce and
o1 secrecy according to the 1orms set out 1or the .ur.ose
:8< A (inister 4ho 1or any .eriod o1 si2 consecutive
months is not a mem3er o1 the Legislature o1 the "tate
shall at the e2.iration o1 that .eriod cease to 3e a (inister9
:F< The salaries and allo4ances o1 (inisters shall 3e
such as the Legislature o1 the "tate may 1rom time to time
3y la4 determine and, until the Legislature o1 the "tate
so determines, shall 3e as s.eciBed in the "econd
"chedule9
The Ad+ocate-'enera# !or the State
165. :< The %overnor o1 each "tate shall a..oint a
.erson 4ho is DualiBed to 3e a..ointed a -udge o1 a
High &ourt to 3e Advocate;%eneral 1or the "tate9
:6< It shall 3e the duty o1 the Advocate;%eneral to
give advice to the %overnment o1 the "tate u.on such
legal matters, and to .er1orm such other duties o1 a legal
character, as may 1rom time to time 3e re1erred or
assigned to him 3y the %overnor, and to discharge the
1unctions con1erred on him 3y or under this &onstitution
or any other la4 1or the time 3eing in 1orce9
:A< The Advocate;%eneral shall hold oMce during
the .leasure o1 the %overnor, and shall receive such
remuneration as the %overnor may determine9
Conduct o! 'o+ernment 1usiness
166. :< All e2ecutive action o1 the %overnment o1 a
"tate shall 3e e2.ressed to 3e taEen in the name o1 the
%overnor9
:6< Orders and other instruments made and e2ecuted
in the name o1 the %overnor shall 3e authenticated in
such manner as may 3e s.eciBed in rules to 3e made 3y
the %overnor, and the validity o1 an order or instrument
4hich is so authenticated shall not 3e called in Duestion
on the ground that it is not an order or instrument made
or e2ecuted 3y the %overnor9
Advocate;%eneral
1or the "tate9
&onduct o1
3usiness o1 the
%overnment o1 a
"tate9
:%art 4$.CThe States.CArts. >8C>>9<
KP
:A< The %overnor shall maEe rules 1or the more
convenient transaction o1 the 3usiness o1 the %overnment
o1 the "tate, and 1or the allocation among (inisters o1
the said 3usiness in so 1ar as it is not 3usiness 4ith
res.ect to 4hich the %overnor is 3y or under this
&onstitution reDuired to act in his discretion9
H H H H H
167. It shall 3e the duty o1 the &hie1 (inister o1 each
"tateC
:a< to communicate to the %overnor o1 the "tate
all decisions o1 the &ouncil o1 (inisters relating to
the administration o1 the aGairs o1 the "tate and
.ro.osals 1or legislation/
:b< to 1urnish such in1ormation relating to the
administration o1 the aGairs o1 the "tate and
.ro.osals 1or legislation as the %overnor may call
1or/ and
:c< i1 the %overnor so reDuires, to su3mit 1or the
consideration o1 the &ouncil o1 (inisters any matter
on 4hich a decision has 3een taEen 3y a (inister
3ut 4hich has not 3een considered 3y the &ouncil9
&HAPTE$ III9CTHE "TATE LE%I"LAT'$E
'enera#
168. :< For every "tate there shall 3e a Legislature
4hich shall consist o1 the %overnor, andC
:a< in the "tates o1 6!Andhra Pradesh,* )ihar, AHHH
8!(adhya Pradesh*, FHHH >!(aharashtra*, =!RarnataEa*, KHHH
7!and 'ttar Pradesh*, t4o Houses/
:b< in other "tates, one House9
Duties o1 &hie1
(inister as
res.ects the
1urnishing o1
in1ormation to
%overnor, etc9
&onstitution o1
Legislatures in
"tates9
&l9 :8< 4as ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 6K :49e919
A;;7==< and omitted 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 6A
:49e919 6P;>;7=7<9
6Ins9 3y the Andhra Pradesh Legislative &ouncil Act, 6PPF : o1 6PP><, s9 A :49e919
AP;A;6PP=<9
AThe 4ord ?)om3ay@ omitted 3y the )om3ay $eorganisation Act, 7>P : o1 7>P<,
s9 6P :49e919 ;F;7>P<9
8No date has 3een a..ointed under s9 K:6< o1 the &onstitution :"eventh Amendment<
Act, 7F>, 1or the insertion o1 the 4ords ?(adhya Pradesh@ in this su3;clause9
FThe 4ords ?Tamil Nadu,@ omitted 3y Tamil Nadu Legislative &ouncil :A3olition< Act,
7K> :8P o1 7K><, s9 8 :49e919 ;;7K><9
>Ins9 3y the )om3ay $eorganisation Act, 7>P : o1 7>P<, s9 6P :49e919 ;F;7>P<9
="u3s9 3y the (ysore "tate :Alteration o1 Name< Act, 7=A :A o1 7=A<, s9 8, 1or
?(ysore@ :49e91 ;;7=A<, 4hich 4as inserted 3y the &onstitution :"eventh Amendment<
Act, 7F>, s9 K:<9
KThe 4ord ?PunNa3,@ omitted 3y the PunNa3 Legislative &ouncil :A3olition< Act, 7>7
:8> o1 7>7<, s9 8 :49e919 =;;7=P<9
7"u3s9 3y the West )engal Legislative &ouncil :A3olition< Act, 7>7 :6P o1 7>7<, s9 8, 1or
?'ttar Pradesh and West )engal? :49e919 ;K;7>7<9
:%art 4$.CThe States.CArts. >>C>K9<
K
:6< Where there are t4o Houses o1 the Legislature o1
a "tate, one shall 3e Eno4n as the Legislative &ouncil
and the other as the Legislative Assem3ly, and 4here
there is only one House, it shall 3e Eno4n as the
Legislative Assem3ly9
169. :< Not4ithstanding anything in article >K,
Parliament may 3y la4 .rovide 1or the a3olition o1 the
Legislative &ouncil o1 a "tate having such a &ouncil or
1or the creation o1 such a &ouncil in a "tate having no
such &ouncil, i1 the Legislative Assem3ly o1 the "tate
.asses a resolution to that eGect 3y a maNority o1 the total
mem3ershi. o1 the Assem3ly and 3y a maNority o1 not
less than t4o;thirds o1 the mem3ers o1 the Assem3ly
.resent and voting9
:6< Any la4 re1erred to in clause :< shall contain
such .rovisions 1or the amendment o1 this &onstitution
as may 3e necessary to give eGect to the .rovisions o1
the la4 and may also contain such su..lemental,
incidental and conseDuential .rovisions as Parliament
may deem necessary9
:A< No such la4 as a1oresaid shall 3e deemed to 3e
an amendment o1 this &onstitution 1or the .ur.oses o1
article A>K9
!170. :< "u3Nect to the .rovisions o1 article AAA, the
Legislative Assem3ly o1 each "tate shall consist o1 not
more than Bve hundred, and not less than si2ty, mem3ers
chosen 3y direct election 1rom territorial constituencies in
the "tate9
:6< For the .ur.oses o1 clause :<, each "tate shall 3e
divided into territorial constituencies in such manner
that the ratio 3et4een the .o.ulation o1 each constituency
and the num3er o1 seats allotted to it shall, so 1ar as
.ractica3le, 3e the same throughout the "tate9
6!"xp#anation.CIn this clause, the e2.ression
?.o.ulation@ means the .o.ulation as ascertained at the
3een .u3lished,
A3olition or
creation o1
Legislative
&ouncils in
"tates9
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 7, 1or art9 =P9
6"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=> , s9 67, 1or the "xp#anation
:49e919 A;;7==<9
&om.osition o1
the Legislative
Assem3lies9
:%art 4$.CThe States.CArts. >KC=P9<
K6
.u3lished, 3e construed as a re1erence to the 6!6PP*
census9*
:A< '.on the com.letion o1 each census, the total
num3er o1 seats in the Legislative Assem3ly o1 each "tate
and the division o1 each "tate into territorial
constituencies shall 3e readNusted 3y such authority and
in such manner as Parliament may 3y la4 determine,
Provided that such readNustment shall not aGect
re.resentation in the Legislative Assem3ly until the
dissolution o1 the then e2isting Assem3ly,*
A!Provided 1urther that such readNustment shall taEe
eGect 1rom such date as the President may, 3y order,
s.eci1y and until such readNustment taEes eGect, any
election to the Legislative Assem3ly may 3e held on the
3asis o1 the territorial constituencies e2isting 3e1ore such
readNustment,
Provided also that until the relevant Bgures 1or the
.u3lished, it shall not 3e necessary to 8!readNustC
:i< the total num3er o1 seats in the Legislative
Assem3ly o1 each "tate as readNusted on the 3asis o1
the 7= census/ and
:ii< the division o1 such "tate into territorial
constituencies as may 3e readNusted on the 3asis o1
the 6!6PP* census,
under this clause9*
171. :< The total num3er o1 mem3ers in the
Legislative &ouncil o1 a "tate having such a &ouncil
shall not e2ceed F!one;third* o1 the total num3er o1
mem3ers in the Legislative Assem3ly o1 that "tate,
Provided that the total num3er o1 mem3ers in the
Legislative &ouncil o1 a "tate shall in no case 3e less
than 1orty9
"u3s9 3y the &onstitution :Eighty;1ourth Amendment< Act, 6PP, s9 F, 1or ?6PPP@ and
?7=@ res.ectively9
6"u3s9 3y the &onstitution :Eighty;seventh Amendment< Act, 6PPA, s9 8, 1or ?77@9
AIns9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 67 :49e919
A;;7==<9
8"u3s9 3y the &onstitution :Eighty;1ourth Amendment< Act, 6PP, s9 F, 1or certain 4ords9
F"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 P, 1or ?one;1ourth@9
&om.osition o1
the Legislative
&ouncils9
:%art 4$.CThe States.CArts. =P;=9<
KA
:6< 'ntil Parliament 3y la4 other4ise .rovides, the
com.osition o1 the Legislative &ouncil o1 a "tate shall 3e
as .rovided in clause :A<9
:A< O1 the total num3er o1 mem3ers o1 the Legislative
&ouncil o1 a "tateC
:a< as nearly as may 3e, one;third shall 3e elected
3y electorates consisting o1 mem3ers o1
munici.alities, district 3oards and such other local
authorities in the "tate as Parliament may 3y la4
s.eci1y/
:b< as nearly as may 3e, one;t4el1th shall 3e elected
3y electorates consisting o1 .ersons residing in the
"tate 4ho have 3een 1or at least three years graduates
o1 any university in the territory o1 India or have
3een 1or at least three years in .ossession o1
DualiBcations .rescri3ed 3y or under any la4 made
3y Parliament as eDuivalent to that o1 a graduate o1
any such university/
:c< as nearly as may 3e, one;t4el1th shall 3e elected
3y electorates consisting o1 .ersons 4ho have 3een
1or at least three years engaged in teaching in such
educational institutions 4ithin the "tate, not lo4er
in standard than that o1 a secondary school, as may
3e .rescri3ed 3y or under any la4 made 3y
Parliament/
:d< as nearly as may 3e, one;third shall 3e elected
3y the mem3ers o1 the Legislative Assem3ly o1 the
"tate 1rom amongst .ersons 4ho are not mem3ers o1
the Assem3ly/
:e< the remainder shall 3e nominated 3y the
%overnor in accordance 4ith the .rovisions o1
clause :F<9
:8< The mem3ers to 3e elected under su3;clauses :a<,
:b< and :c< o1 clause :A< shall 3e chosen in such territorial
constituencies as may 3e .rescri3ed 3y or under any la4
made 3y Parliament, and the elections under the said
su3;clauses and under su3;clause :d< o1 the said clause
shall 3e held in accordance 4ith the system o1
.ro.ortional re.resentation 3y means o1 the single
trans1era3le vote9
:F< The mem3ers to 3e nominated 3y the %overnor
under su3;clause :e< o1 clause :A< shall consist o1 .ersons
:%art 4$.CThe States.CArt. =9<
K8
having s.ecial Eno4ledge or .ractical e2.erience in
res.ect o1 such matters as the 1ollo4ing, namely,C
Literature, science, art, co;o.erative movement and
social service9
172. :< Every Legislative Assem3ly o1 every "tate,
unless sooner dissolved, shall continue 1or !Bve years*
1rom the date a..ointed 1or its Brst meeting and no longer
and the e2.iration o1 the said .eriod o1 !Bve years* shall
o.erate as a dissolution o1 the Assem3ly,
Provided that the said .eriod may, 4hile a
Proclamation o1 Emergency is in o.eration, 3e e2tended
3y Parliament 3y la4 1or a .eriod not e2ceeding one year
at a time and not e2tending in any case 3eyond a .eriod
o1 si2 months a1ter the Proclamation has ceased to o.erate9
:6< The Legislative &ouncil o1 a "tate shall not 3e
su3Nect to dissolution, 3ut as nearly as .ossi3le one;third
o1 the mem3ers thereo1 shall retire as soon as may 3e on
the e2.iration o1 every second year in accordance 4ith
the .rovisions made in that 3ehal1 3y Parliament 3y la49
173. A .erson shall not 3e DualiBed to 3e chosen to
Bll a seat in the Legislature o1 a "tate unless heC
6!:a< is a citi+en o1 India, and maEes and su3scri3es
3e1ore some .erson authorised in that 3ehal1 3y the
Election &ommission an oath or aMrmation
according to the 1orm set out 1or the .ur.ose in the
Third "chedule/*
:b< is, in the case o1 a seat in the Legislative
Assem3ly, not less than t4enty;Bve years o1 age and,
in the case o1 a seat in the Legislative &ouncil, not
less than thirty years o1 age/ and
:c< .ossesses such other DualiBcations as may 3e
.rescri3ed in that 3ehal1 3y or under any la4 made
3y Parliament9
Duration o1 "tate
Legislatures9
5ualiBcation 1or
mem3ershi. o1 the
"tate Legislature9
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 68, 1or ?si2 years@
:49e919 >;7;7=7<9 The 4ords ?si2 years@ 4ere su3s9 1or the original 4ords ?Bve years@ 3y the
&onstitution :Forty;second Amendment< Act, 7=>, s9 AP :49e919 A;;7==<9
6"u3s9 3y the &onstitution :"i2teenth Amendment< Act, 7>A, s9 8, 1or cl9 :a<9
:%art 4$.CThe States.CArts. =C=A9<
KF
!174. :< The %overnor shall 1rom time to time
summon the House or each House o1 the Legislature o1
the "tate to meet at such time and .lace as he thinEs Bt,
3ut si2 months shall not intervene 3et4een its last sitting
in one session and the date a..ointed 1or its Brst sitting
in the ne2t session9
:6< The %overnor may 1rom time to timeC
:a< .rorogue the House or either House/
:b< dissolve the Legislative Assem3ly9*
175. :< The %overnor may address the Legislative
Assem3ly or, in the case o1 a "tate having a Legislative
&ouncil, either House o1 the Legislature o1 the "tate, or
3oth Houses assem3led together, and may 1or that .ur.ose
reDuire the attendance o1 mem3ers9
:6< The %overnor may send messages to the House or
Houses o1 the Legislature o1 the "tate, 4hether 4ith
res.ect to a )ill then .ending in the Legislature or
other4ise, and a House to 4hich any message is so sent
shall 4ith all convenient des.atch consider any matter
reDuired 3y the message to 3e taEen into consideration9
176. :< At the commencement o1 6!the Brst session
a1ter each general election to the Legislative Assem3ly
and at the commencement o1 the Brst session o1 each
year*, the %overnor shall address the Legislative
Assem3ly or, in the case o1 a "tate having a Legislative
&ouncil, 3oth Houses assem3led together and in1orm the
Legislature o1 the causes o1 its summons9
:6< Provision shall 3e made 3y the rules regulating
the .rocedure o1 the House or either House 1or the
allotment o1 time 1or discussion o1 the matters re1erred
to in such address AHHH9
177. Every (inister and the Advocate;%eneral 1or a
"tate shall have the right to s.eaE in, and other4ise to
taEe .art in the .roceedings o1, the Legislative Assem3ly
o1 the "tate or, in the case o1 a "tate having a Legislative
"essions o1 the
"tate Legislature,
.rorogation and
dissolution9
$ight o1 %overnor
to address and
send messages to
the House or
Houses9
".ecial address
3y the %overnor9
"u3s9 3y the &onstitution :First Amendment< Act, 7F, s9 K, 1or art9 =89
6"u3s9 3y s9 7, ibid9 1or ?every session@9
AThe 4ords ?and 1or the .recedence o1 such discussion over other 3usiness o1 the House@
omitted 3y s9 7, ibid.
$ights o1 (inisters
and Advocate;
%eneral as res.ects
the Houses9
:%art 4$.CThe States.CArts. =8C==9<
K>
&ouncil, 3oth Houses, and to s.eaE in, and other4ise to
taEe .art in the .roceedings o1, any committee o1 the
Legislature o1 4hich he may 3e named a mem3er, 3ut
shall not, 3y virtue o1 this article, 3e entitled to vote9
76cers o! the State ,e(is#ature
178. Every Legislative Assem3ly o1 a "tate shall, as
soon as may 3e, choose t4o mem3ers o1 the Assem3ly
to 3e res.ectively ".eaEer and De.uty ".eaEer thereo1
and, so o1ten as the oMce o1 ".eaEer or De.uty ".eaEer
3ecomes vacant, the Assem3ly shall choose another
mem3er to 3e ".eaEer or De.uty ".eaEer, as the case
may 3e9
179. A mem3er holding oMce as ".eaEer or De.uty
".eaEer o1 an Assem3lyC
mem3er o1 the Assem3ly/
:b< may at any time 3y 4riting under his hand
addressed, i1 such mem3er is the ".eaEer, to the
De.uty ".eaEer, and i1 such mem3er is the De.uty
".eaEer, to the ".eaEer, resign his oMce/ and
o1 the Assem3ly .assed 3y a maNority o1 all the then
mem3ers o1 the Assem3ly,
Provided that no resolution 1or the .ur.ose o1 clause :c<
shall 3e moved unless at least 1ourteen daysJ notice has
3een given o1 the intention to move the resolution,
Provided 1urther that, 4henever the Assem3ly is
dissolved, the ".eaEer shall not vacate his oMce until
immediately 3e1ore the Brst meeting o1 the Assem3ly a1ter
the dissolution9
180. :< While the oMce o1 ".eaEer is vacant, the
duties o1 the oMce shall 3e .er1ormed 3y the De.uty
".eaEer or, i1 the oMce o1 De.uty ".eaEer is also vacant,
3y such mem3er o1 the Assem3ly as the %overnor may
The ".eaEer and
De.uty ".eaEer
o1 the Legislative
Assem3ly9
#acation and
resignation o1,
and removal
1rom, the oMces
o1 ".eaEer and
De.uty ".eaEer9
Po4er o1 the
De.uty ".eaEer
or other .erson to
.er1orm the
duties o1 the
oMce o1, or to
act as, ".eaEer9
:%art 4$.CThe States.CArts. ==CKP9<
K=
:6< During the a3sence o1 the ".eaEer 1rom any
sitting o1 the Assem3ly the De.uty ".eaEer or, i1 he is
also a3sent, such .erson as may 3e determined 3y the
rules o1 .rocedure o1 the Assem3ly, or, i1 no such .erson
is .resent, such other .erson as may 3e determined 3y
the Assem3ly, shall act as ".eaEer9
181. :< At any sitting o1 the Legislative Assem3ly,
4hile any resolution 1or the removal o1 the ".eaEer 1rom
his oMce is under consideration, the ".eaEer, or 4hile
any resolution 1or the removal o1 the De.uty ".eaEer,
1rom his oMce is under consideration, the De.uty ".eaEer,
shall not, though he is .resent, .reside, and the .rovisions
o1 clause :6< o1 article KP shall a..ly in relation to every
such sitting as they a..ly in relation to a sitting 1rom
4hich the ".eaEer or, as the case may 3e, the De.uty
".eaEer, is a3sent9
:6< The ".eaEer shall have the right to s.eaE in, and
other4ise to taEe .art in the .roceedings o1, the
Legislative Assem3ly 4hile any resolution 1or his removal
1rom oMce is under consideration in the Assem3ly and
shall, not4ithstanding anything in article K7, 3e entitled
to vote only in the Brst instance on such resolution or on
182. The Legislative &ouncil o1 every "tate having
such &ouncil shall, as soon as may 3e, choose t4o
mem3ers o1 the &ouncil to 3e res.ectively &hairman and
De.uty &hairman thereo1 and, so o1ten as the oMce o1
&hairman or De.uty &hairman 3ecomes vacant, the
&ouncil shall choose another mem3er to 3e &hairman or
De.uty &hairman, as the case may 3e9
183. A mem3er holding oMce as &hairman or De.uty
&hairman o1 a Legislative &ouncilC
mem3er o1 the &ouncil/
:b< may at any time 3y 4riting under his hand
addressed, i1 such mem3er is the &hairman, to the
The ".eaEer or
the De.uty
".eaEer not to
.reside 4hile a
resolution 1or his
removal 1rom
oMce is under
consideration9
The &hairman and
De.uty &hairman
o1 the Legislative
&ouncil9
#acation and
resignation o1, and
removal 1rom, the
oMces o1 &hairman
and De.uty
&hairman9
:%art 4$.CThe States.CArts. KPCKA9<
KK
De.uty &hairman, and i1 such mem3er is the De.uty
&hairman, to the &hairman, resign his oMce/ and
o1 the &ouncil .assed 3y a maNority o1 all the then
mem3ers o1 the &ouncil,
Provided that no resolution 1or the .ur.ose o1 clause :c<
shall 3e moved unless at least 1ourteen daysJ notice has
3een given o1 the intention to move the resolution9
184. :< While the oMce o1 &hairman is vacant, the
duties o1 the oMce shall 3e .er1ormed 3y the De.uty
&hairman or, i1 the oMce o1 De.uty &hairman is also
vacant, 3y such mem3er o1 the &ouncil as the %overnor
may a..oint 1or the .ur.ose9
:6< During the a3sence o1 the &hairman 1rom any
sitting o1 the &ouncil the De.uty &hairman or, i1 he is
also a3sent, such .erson as may 3e determined 3y the
rules o1 .rocedure o1 the &ouncil, or, i1 no such .erson
is .resent, such other .erson as may 3e determined 3y
the &ouncil, shall act as &hairman9
185. :< At any sitting o1 the Legislative &ouncil,
4hile any resolution 1or the removal o1 the &hairman
1rom his oMce is under consideration, the &hairman, or
4hile any resolution 1or the removal o1 the De.uty
&hairman 1rom his oMce is under consideration, the
De.uty &hairman, shall not, though he is .resent,
.reside, and the .rovisions o1 clause :6< o1 article K8
shall a..ly in relation to every such sitting as they a..ly
in relation to a sitting 1rom 4hich the &hairman or, as
the case may 3e, the De.uty &hairman is a3sent9
:6< The &hairman shall have the right to s.eaE in,
and other4ise to taEe .art in the .roceedings o1, the
Legislative &ouncil 4hile any resolution 1or his removal
1rom oMce is under consideration in the &ouncil and
shall, not4ithstanding anything in article K7, 3e entitled
to vote only in the Brst instance on such resolution or on
Po4er o1 the
De.uty &hairman
or other .erson to
.er1orm the duties
o1 the oMce o1, or
to act as,
&hairman9
The &hairman or
the De.uty
&hairman not to
.reside 4hile a
resolution 1or his
removal 1rom oMce
is under
consideration9
:%art 4$.CThe States.CArts. KACKF9<
K7
186. There shall 3e .aid to the ".eaEer and the De.uty
".eaEer o1 the Legislative Assem3ly, and to the &hairman
and the De.uty &hairman o1 the Legislative &ouncil,
such salaries and allo4ances as may 3e res.ectively B2ed
3y the Legislature o1 the "tate 3y la4 and, until .rovision
in that 3ehal1 is so made, such salaries and allo4ances
as are s.eciBed in the "econd "chedule9
187. :< The House or each House o1 the Legislature
o1 a "tate shall have a se.arate secretarial staG,
Provided that nothing in this clause shall, in the case
o1 the Legislature o1 a "tate having a Legislative &ouncil,
3e construed as .reventing the creation o1 .osts common
to 3oth Houses o1 such Legislature9
:6< The Legislature o1 a "tate may 3y la4 regulate the
recruitment, and the conditions o1 service o1 .ersons
a..ointed, to the secretarial staG o1 the House or Houses
o1 the Legislature o1 the "tate9
:A< 'ntil .rovision is made 3y the Legislature o1 the
"tate under clause :6<, the %overnor may, a1ter
consultation 4ith the ".eaEer o1 the Legislative Assem3ly
or the &hairman o1 the Legislative &ouncil, as the case
may 3e, maEe rules regulating the recruitment, and the
conditions o1 service o1 .ersons a..ointed, to the
secretarial staG o1 the Assem3ly or the &ouncil, and any
rules so made shall have eGect su3Nect to the .rovisions
o1 any la4 made under the said clause9
Conduct o! 1usiness
188. Every mem3er o1 the Legislative Assem3ly or the
Legislative &ouncil o1 a "tate shall, 3e1ore taEing his seat,
maEe and su3scri3e 3e1ore the %overnor, or some .erson
a..ointed in that 3ehal1 3y him, an oath or aMrmation
according to the 1orm set out 1or the .ur.ose in the Third
"chedule9
189. :< "ave as other4ise .rovided in this
&onstitution, all Duestions at any sitting o1 a House o1
the Legislature o1 a "tate shall 3e determined 3y a
maNority o1 votes o1 the mem3ers .resent and voting,
other than the ".eaEer or &hairman, or .erson acting as
such9
"alaries and
allo4ances o1 the
".eaEer and
De.uty ".eaEer
and the &hairman
and De.uty
&hairman9
"ecretariat o1
"tate Legislature9
Oath or aMrmation
3y mem3ers9
#oting in Houses,
.o4er o1 Houses
to act
not4ithstanding
vacancies and
Duorum9
:%art 4$.CThe States.CArts. K>CK79<
7P
The ".eaEer or &hairman, or .erson acting as such,
shall not vote in the Brst instance, 3ut shall have and
e2ercise a casting vote in the case o1 an eDuality o1 votes9
:6< A House o1 the Legislature o1 a "tate shall have
.o4er to act not4ithstanding any vacancy in the
mem3ershi. thereo1, and any .roceedings in the
Legislature o1 a "tate shall 3e valid not4ithstanding that
it is discovered su3seDuently that some .erson 4ho 4as
not entitled so to do sat or voted or other4ise tooE .art
in the .roceedings9
:A< 'ntil the Legislature o1 the "tate 3y la4 other4ise
.rovides, the Duorum to constitute a meeting o1 a House
o1 the Legislature o1 a "tate shall 3e ten mem3ers or onetenth
o1 the total num3er o1 mem3ers o1 the House,
4hichever is greater9
:8< I1 at any time during a meeting o1 the Legislative
Assem3ly or the Legislative &ouncil o1 a "tate there is no
Duorum, it shall 3e the duty o1 the ".eaEer or &hairman,
or .erson acting as such, either to adNourn the House or
to sus.end the meeting until there is a Duorum9
5is)ua#i.cations o! /embers
190. :< No .erson shall 3e a mem3er o1 3oth Houses
o1 the Legislature o1 a "tate and .rovision shall 3e made
3y the Legislature o1 the "tate 3y la4 1or the vacation 3y
a .erson 4ho is chosen a mem3er o1 3oth Houses o1 his
seat in one house or the other9
:6< No .erson shall 3e a mem3er o1 the Legislatures
o1 t4o or more "tates s.eciBed in the First "chedule and
i1 a .erson is chosen a mem3er o1 the Legislatures o1
t4o or more such "tates, then, at the e2.iration o1 such
.eriod as may 3e s.eciBed in rules made 3y the
President, that .ersonJs seat in the Legislatures o1 all
such "tates shall 3ecome vacant, unless he has .reviously
resigned his seat in the Legislatures o1 all 3ut one o1 the
"tates9
:A< I1 a mem3er o1 a House o1 the Legislature o1 a
"tateC
See the Prohi3ition o1 "imultaneous (em3ershi. $ules, 7FP .u3lished 4ith the (inistry
o1 La4 NotiBcation No9 F9 8>TFP;&, dated the 6>th -anuary, 7FP, %a+ette o1 India,
E2traordinary, .9 >=K9
#acation o1 seats9
:%art 4$.CThe States.CArts. K7C7P9<
7
:a< 3ecomes su3Nect to any o1 the disDualiBcations
mentioned in !clause :< or clause :6< o1 article 7*/
or
6!:b< resigns his seat 3y 4riting under his hand
addressed to the s.eaEer or the &hairman, as the
case may 3e, and his resignation is acce.ted 3y the
".eaEer or the &hairman, as the case may 3e,*
his seat shall thereu.on 3ecome vacant,
A!Provided that in the case o1 any resignation re1erred
to in su3;clause :3<, i1 1rom in1ormation received or
other4ise and a1ter maEing such inDuiry as he thinEs Bt,
the ".eaEer or the &hairman, as the case may 3e, is
satisBed that such resignation is not voluntary or genuine,
he shall not acce.t such resignation9*
:8< I1 1or a .eriod o1 si2ty days a mem3er o1 a House
o1 the Legislature o1 a "tate is 4ithout .ermission o1 the
House a3sent 1rom all meetings thereo1, the House may
declare his seat vacant,
Provided that in com.uting the said .eriod o1 si2ty
days no account shall 3e taEen o1 any .eriod during
4hich the House is .rorogued or is adNourned 1or more
than 1our consecutive days9
191. :< A .erson shall 3e disDualiBed 1or 3eing
chosen as, and 1or 3eing, a mem3er o1 the Legislative
Assem3ly or Legislative &ouncil o1 a "tateC
:a< i1 he holds any oMce o1 .roBt under the
%overnment o1 India or the %overnment o1 any "tate
s.eciBed in the First "chedule, other than an oMce
declared 3y the Legislature o1 the "tate 3y la4 not to
disDuali1y its holder/
:b< i1 he is o1 unsound mind and stands so
declared 3y a com.etent court/
"u3s9 3y the &onstitution :Fi1ty;second Amendment< Act, 7KF, s9 8, 1or ?clause :< o1
article 7@ :49e919 ;A;7KF<9
6"u3s9 3y the &onstitution :Thirty;third Amendment< Act, 7=8, s9 A, 1or su3;clause :b<9
AIns9 3y s9 A, ibid.
DisDualiBcations
1or mem3ershi.9
:%art 4$.CThe States.CArts. 7P;79<
76
:c< i1 he is an undischarged insolvent/
:d< i1 he is not a citi+en o1 India, or has voluntarily
acDuired the citi+enshi. o1 a 1oreign "tate, or is under
any acEno4ledgment o1 allegiance or adherence to a
1oreign "tate/
:e< i1 he is so disDualiBed 3y or under any la4
made 3y Parliament9
!"xp#anation9CFor the .ur.oses o1 this clause*, a
.erson shall not 3e deemed to hold an oMce o1 .roBt
under the %overnment o1 India or the %overnment o1
any "tate s.eciBed in the First "chedule 3y reason
only that he is a (inister either 1or the 'nion or 1or such
"tate9
6!:6< A .erson shall 3e disDualiBed 1or 3eing a mem3er
o1 the Legislative Assem3ly or Legislative &ouncil o1 a
"tate i1 he is so disDualiBed under the Tenth "chedule9*
A!192. :< I1 any Duestion arises as to 4hether a
mem3er o1 a House o1 the Legislature o1 a "tate has
3ecome su3Nect to any o1 the disDualiBcations mentioned
in clause :< o1 article 7, the Duestion shall 3e re1erred
1or the decision o1 the %overnor and his decision shall
3e Bnal9
:6< )e1ore giving any decision on any such Duestion,
the %overnor shall o3tain the o.inion o1 the Election
&ommission and shall act according to such o.inion9*
193. I1 a .erson sits or votes as a mem3er o1 the
Legislative Assem3ly or the Legislative &ouncil o1 a "tate
3e1ore he has com.lied 4ith the reDuirements o1 article
KK, or 4hen he Eno4s that he is not DualiBed or that he
is disDualiBed 1or mem3ershi. thereo1, or that he is
.rohi3ited 1rom so doing 3y the .rovisions o1 any la4
made 3y Parliament or the Legislature o1 the "tate, he
"u3s9 3y the &onstitution :Fi1ty;second Amendment< Act, 7KF, s9 F, 1or ?:6< For the
.ur.oses o1 this article@ :49e919 ;A;7KF<9
6Ins9 3y s9 F, ibid9 :49e919 ;A;7KF<9
AArt9 76 has 3een successively su3s9 3y the &onstitution :Forty;second Amendment<
Act, 7=>, s9 AA :49e919 A;;7==< and the &onstitution :Forty;1ourth Amendment< Act, 7=K,
s9 6F to read as a3ove :49e919 6P;>;7=7<9
Decision on
Duestions as to
disDualiBcations
o1 mem3ers9
Penalty 1or sitting
and voting 3e1ore
maEing oath or
aMrmation under
article KK or 4hen
not DualiBed or
4hen disDualiBed9
:%art 4$.CThe States.CArts. 7C7A9<
7A
shall 3e lia3le in res.ect o1 each day on 4hich he so sits
or votes to a .enalty o1 Bve hundred ru.ees to 3e
recovered as a de3t due to the "tate9
%owers %ri+i#e(es and $mmunities o! State ,e(is#atures and
their /embers
194. :< "u3Nect to the .rovisions o1 this &onstitution
and to the rules and standing orders regulating the
.rocedure o1 the Legislature, there shall 3e 1reedom o1
s.eech in the Legislature o1 every "tate9
:6< No mem3er o1 the Legislature o1 a "tate shall 3e
lia3le to any .roceedings in any court in res.ect o1
anything said or any vote given 3y him in the Legislature
or any committee thereo1, and no .erson shall 3e so lia3le
in res.ect o1 the .u3lication 3y or under the authority o1
a House o1 such a Legislature o1 any re.ort, .a.er, votes
or .roceedings9
:A< In other res.ects, the .o4ers, .rivileges and
immunities o1 a House o1 the Legislature o1 a "tate, and
o1 the mem3ers and the committees o1 a House o1 such
Legislature, shall 3e such as may 1rom time to time 3e
deBned 3y the Legislature 3y la4, and, until so deBned,
!shall 3e those o1 that House and o1 its mem3ers and
committees immediately 3e1ore the coming into 1orce o1
section 6> o1 the &onstitution :Forty;1ourth Amendment<
Act, 7=K*9
:8< The .rovisions o1 clauses :<, :6< and :A< shall
a..ly in relation to .ersons 4ho 3y virtue o1 this
&onstitution have the right to s.eaE in, and other4ise to
taEe .art in the .roceedings o1, a House o1 the Legislature
o1 a "tate or any committee thereo1 as they a..ly in
relation to mem3ers o1 that Legislature9
195. (em3ers o1 the Legislative Assem3ly and the
Legislative &ouncil o1 a "tate shall 3e entitled to receive
such salaries and allo4ances as may 1rom time to time 3e
determined, 3y the Legislature o1 the "tate 3y la4 and,
Po4ers, .rivileges,
etc9, o1 the Houses
o1 Legislatures and
o1 the mem3ers
and committees
thereo19
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 6>, 1or certain 4ords
:49e919 6P;>;7=7<9
"alaries and
allo4ances o1
mem3ers9
:%art 4$.CThe States.CArts. 7AC7F9<
78
until .rovision in that res.ect is so made, salaries and
allo4ances at such rates and u.on such conditions as
4ere immediately 3e1ore the commencement o1 this
&onstitution a..lica3le in the case o1 mem3ers o1 the
Legislative Assem3ly o1 the corres.onding Province9
,e(is#ati+e %rocedure
196. :< "u3Nect to the .rovisions o1 articles 7K and
6P= 4ith res.ect to (oney )ills and other Bnancial )ills,
a )ill may originate in either House o1 the Legislature o1
a "tate 4hich has a Legislative &ouncil9
:6< "u3Nect to the .rovisions o1 articles 7= and 7K,
a )ill shall not 3e deemed to have 3een .assed 3y the
Houses o1 the Legislature o1 a "tate having a Legislative
&ouncil unless it has 3een agreed to 3y 3oth Houses,
either 4ithout amendment or 4ith such amendments
only as are agreed to 3y 3oth Houses9
:A< A )ill .ending in the Legislature o1 a "tate shall
not la.se 3y reason o1 the .rorogation o1 the House or
Houses thereo19
:8< A )ill .ending in the Legislative &ouncil o1 a
"tate 4hich has not 3een .assed 3y the Legislative
Assem3ly shall not la.se on a dissolution o1 the
Assem3ly9
:F< A )ill 4hich is .ending in the Legislative
Assem3ly o1 a "tate, or 4hich having 3een .assed 3y
the Legislative Assem3ly is .ending in the Legislative
&ouncil, shall la.se on a dissolution o1 the Assem3ly9
197. :< I1 a1ter a )ill has 3een .assed 3y the
Legislative Assem3ly o1 a "tate having a Legislative
&ouncil and transmitted to the Legislative &ouncilC
:a< the )ill is reNected 3y the &ouncil/ or
:b< more than three months ela.se 1rom the date
on 4hich the )ill is laid 3e1ore the &ouncil 4ithout
the )ill 3eing .assed 3y it/ or
:c< the )ill is .assed 3y the &ouncil 4ith
amendments to 4hich the Legislative Assem3ly does
not agree/
Provisions as to
introduction and
.assing o1 )ills9
$estriction on
.o4ers o1
Legislative &ouncil
as to )ills other
than (oney )ills9
:%art 4$.CThe States.CArts. 7FC7=9<
7F
the Legislative Assem3ly may, su3Nect to the rules
regulating its .rocedure, .ass the )ill again in the same
or in any su3seDuent session 4ith or 4ithout such
amendments, i1 any, as have 3een made, suggested or
agreed to 3y the Legislative &ouncil and then transmit
the )ill as so .assed to the Legislative &ouncil9
:6< I1 a1ter a )ill has 3een so .assed 1or the second
time 3y the Legislative Assem3ly and transmitted to the
Legislative &ouncilC
:a< the )ill is reNected 3y the &ouncil/ or
:b< more than one month ela.ses 1rom the date on
4hich the )ill is laid 3e1ore the &ouncil 4ithout the
)ill 3eing .assed 3y it/ or
:c< the )ill is .assed 3y the &ouncil 4ith
amendments to 4hich the Legislative Assem3ly does
not agree/
the )ill shall 3e deemed to have 3een .assed 3y the
Houses o1 the Legislature o1 the "tate in the 1orm in
4hich it 4as .assed 3y the Legislative Assem3ly 1or the
second time 4ith such amendments, i1 any, as have 3een
made or suggested 3y the Legislative &ouncil and agreed
to 3y the Legislative Assem3ly9
:A< Nothing in this article shall a..ly to a (oney
)ill9
198. :< A (oney )ill shall not 3e introduced in a
Legislative &ouncil9
:6< A1ter a (oney )ill has 3een .assed 3y the
Legislative Assem3ly o1 a "tate having a Legislative
&ouncil, it shall 3e transmitted to the Legislative &ouncil
1or its recommendations, and the Legislative &ouncil shall
4ithin a .eriod o1 1ourteen days 1rom the date o1 its
recei.t o1 the )ill return the )ill to the Legislative
Assem3ly 4ith its recommendations, and the Legislative
Assem3ly may thereu.on either acce.t or reNect all or
any o1 the recommendations o1 the Legislative &ouncil9
:A< I1 the Legislative Assem3ly acce.ts any o1 the
recommendations o1 the Legislative &ouncil, the (oney
".ecial .rocedure
in res.ect o1
(oney )ills9
:%art 4$.CThe States.CArts. 7=C7K9<
7>
)ill shall 3e deemed to have 3een .assed 3y 3oth Houses
4ith the amendments recommended 3y the Legislative
&ouncil and acce.ted 3y the Legislative Assem3ly9
:8< I1 the Legislative Assem3ly does not acce.t any
o1 the recommendations o1 the Legislative &ouncil, the
(oney )ill shall 3e deemed to have 3een .assed 3y 3oth
Houses in the 1orm in 4hich it 4as .assed 3y the
Legislative Assem3ly 4ithout any o1 the amendments
recommended 3y the Legislative &ouncil9
:F< I1 a (oney )ill .assed 3y the Legislative Assem3ly
and transmitted to the Legislative &ouncil 1or its
recommendations is not returned to the Legislative
Assem3ly 4ithin the said .eriod o1 1ourteen days, it shall
3e deemed to have 3een .assed 3y 3oth Houses at the
e2.iration o1 the said .eriod in the 1orm in 4hich it 4as
.assed 3y the Legislative Assem3ly9
199. :< For the .ur.oses o1 this &ha.ter, a )ill shall
3e deemed to 3e a (oney )ill i1 it contains only
.rovisions dealing 4ith all or any o1 the 1ollo4ing
matters, namely,C
:a< the im.osition, a3olition, remission, alteration
or regulation o1 any ta2/
:b< the regulation o1 the 3orro4ing o1 money or
the giving o1 any guarantee 3y the "tate, or the
amendment o1 the la4 4ith res.ect to any Bnancial
o3ligations undertaEen or to 3e undertaEen 3y the
"tate/
:c< the custody o1 the &onsolidated Fund or the
&ontingency Fund o1 the "tate, the .ayment o1
moneys into or the 4ithdra4al o1 moneys 1rom any
such Fund/
:d< the a..ro.riation o1 moneys out o1 the
&onsolidated Fund o1 the "tate/
:e< the declaring o1 any e2.enditure to 3e
e2.enditure charged on the &onsolidated Fund o1
the "tate, or the increasing o1 the amount o1 any
such e2.enditure/
DeBnition o1
?(oney )ills@9
:%art 4$.CThe States.CArts. 7K;779<
7=
:!< the recei.t o1 money on account o1 the
&onsolidated Fund o1 the "tate or the .u3lic account
o1 the "tate or the custody or issue o1 such money/ or
:(< any matter incidental to any o1 the matters
s.eciBed in su3;clauses :a< to :!<9
:6< A )ill shall not 3e deemed to 3e a (oney )ill 3y
reason only that it .rovides 1or the im.osition o1 Bnes or
other .ecuniary .enalties, or 1or the demand or .ayment
o1 1ees 1or licences or 1ees 1or services rendered, or 3y
reason that it .rovides 1or the im.osition, a3olition,
remission, alteration or regulation o1 any ta2 3y any local
authority or 3ody 1or local .ur.oses9
:A< I1 any Duestion arises 4hether a )ill introduced in
the Legislature o1 a "tate 4hich has a Legislative &ouncil
is a (oney )ill or not, the decision o1 the ".eaEer o1 the
Legislative Assem3ly o1 such "tate thereon shall 3e Bnal9
:8< There shall 3e endorsed on every (oney )ill 4hen
it is transmitted to the Legislative &ouncil under article
7K, and 4hen it is .resented to the %overnor 1or assent
under article 6PP, the certiBcate o1 the ".eaEer o1 the
Legislative Assem3ly signed 3y him that it is a (oney
)ill9
200. When a )ill has 3een .assed 3y the Legislative
Assem3ly o1 a "tate or, in the case o1 a "tate having a
Legislative &ouncil, has 3een .assed 3y 3oth Houses o1
the Legislature o1 the "tate, it shall 3e .resented to the
%overnor and the %overnor shall declare either that he
assents to the )ill or that he 4ithholds assent there1rom
or that he reserves the )ill 1or the consideration o1 the
President,
Provided that the %overnor may, as soon as .ossi3le
a1ter the .resentation to him o1 the )ill 1or assent, return the
)ill i1 it is not a (oney )ill together 4ith a message
reDuesting that the House or Houses 4ill reconsider the
)ill or any s.eciBed .rovisions thereo1 and, in .articular,
4ill consider the desira3ility o1 introducing any such
amendments as he may recommend in his message and,
Assent to )ills9
:%art 4$.CThe States.CArts. 77;6PP9<
7K
4hen a )ill is so returned, the House or Houses shall
reconsider the )ill accordingly, and i1 the )ill is .assed
again 3y the House or Houses 4ith or 4ithout
amendment and .resented to the %overnor 1or assent,
the %overnor shall not 4ithhold assent there1rom,
Provided 1urther that the %overnor shall not assent
to, 3ut shall reserve 1or the consideration o1 the President,
any )ill 4hich in the o.inion o1 the %overnor 4ould, i1
it 3ecame la4, so derogate 1rom the .o4ers o1 the High
&ourt as to endanger the .osition 4hich that &ourt is 3y
this &onstitution designed to Bll9
201. When a )ill is reserved 3y a %overnor 1or the
consideration o1 the President, the President shall declare
either that he assents to the )ill or that he 4ithholds
assent there1rom,
Provided that, 4here the )ill is not a (oney )ill, the
President may direct the %overnor to return the )ill to the
House or, as the case may 3e, the Houses o1 the
Legislature o1 the "tate together 4ith such a message as
is mentioned in the Brst .roviso to article 6PP and, 4hen
a )ill is so returned, the House or Houses shall reconsider
it accordingly 4ithin a .eriod o1 si2 months 1rom the
date o1 recei.t o1 such message and, i1 it is again .assed
3y the House or Houses 4ith or 4ithout amendment, it
shall 3e .resented again to the President 1or his
consideration9
%rocedure in *inancia# /atters
202. :< The %overnor shall in res.ect o1 every
Bnancial year cause to 3e laid 3e1ore the House or Houses
o1 the Legislature o1 the "tate a statement o1 the estimated
recei.ts and e2.enditure o1 the "tate 1or that year, in this
Part re1erred to as the Iannual Bnancial statementI9
:6< The estimates o1 e2.enditure em3odied in the
annual Bnancial statement shall sho4 se.aratelyC
:a< the sums reDuired to meet e2.enditure
descri3ed 3y this &onstitution as e2.enditure
charged u.on the &onsolidated Fund o1 the "tate/
and
)ills reserved 1or
consideration9
Annual Bnancial
statement9
:%art 4$.CThe States.CArts. 6PPC6P69<
77
:b< the sums reDuired to meet other e2.enditure
.ro.osed to 3e made 1rom the &onsolidated Fund o1
the "tate/
and shall distinguish e2.enditure on revenue account
1rom other e2.enditure9
:A< The 1ollo4ing e2.enditure shall 3e e2.enditure
charged on the &onsolidated Fund o1 each "tateC
:a< the emoluments and allo4ances o1 the
%overnor and other e2.enditure relating to his oMce/
:b< the salaries and allo4ances o1 the ".eaEer and
the De.uty ".eaEer o1 the Legislative Assem3ly and,
in the case o1 a "tate having a Legislative &ouncil,
also o1 the &hairman and the De.uty &hairman o1
the Legislative &ouncil/
:c< de3t charges 1or 4hich the "tate is lia3le
including interest, sinEing 1und charges and
redem.tion charges, and other e2.enditure relating
to the raising o1 loans and the service and redem.tion
o1 de3t/
:d< e2.enditure in res.ect o1 the salaries and
allo4ances o1 -udges o1 any High &ourt/
:e< any sums reDuired to satis1y any Nudgment,
decree or a4ard o1 any court or ar3itral tri3unal/
:!< any other e2.enditure declared 3y this
&onstitution, or 3y the Legislature o1 the "tate 3y
la4, to 3e so charged9
203. :< "o much o1 the estimates as relates to
e2.enditure charged u.on the &onsolidated Fund o1 a
"tate shall not 3e su3mitted to the vote o1 the Legislative
Assem3ly, 3ut nothing in this clause shall 3e construed
as .reventing the discussion in the Legislature o1 any o1
those estimates9
:6< "o much o1 the said estimates as relates to other
e2.enditure shall 3e su3mitted in the 1orm o1 demands
1or grants to the Legislative Assem3ly, and the Legislative
Assem3ly shall have .o4er to assent, or to re1use to
assent, to any demand, or to assent to any demand su3Nect
to a reduction o1 the amount s.eciBed therein9
Procedure in
Legislature 4ith
res.ect to
estimates9
:%art 4$.CThe States.CArts. 6P6;6PA9<
PP
:A< No demand 1or a grant shall 3e made e2ce.t on
the recommendation o1 the %overnor9
204. :< As soon as may 3e a1ter the grants under
article 6PA have 3een made 3y the Assem3ly, there shall
3e introduced a )ill to .rovide 1or the a..ro.riation out
o1 the &onsolidated Fund o1 the "tate o1 all moneys
reDuired to meetC
:a< the grants so made 3y the Assem3ly/ and
:b< the e2.enditure charged on the &onsolidated
Fund o1 the "tate 3ut not e2ceeding in any case the
amount sho4n in the statement .reviously laid
3e1ore the House or Houses9
:6< No amendment shall 3e .ro.osed to any such )ill
in the House or either House o1 the Legislature o1 the
"tate 4hich 4ill have the eGect o1 varying the amount or
altering the destination o1 any grant so made or o1 varying
the amount o1 any e2.enditure charged on the
&onsolidated Fund o1 the "tate, and the decision o1 the
.erson .residing as to 4hether an amendment is
inadmissi3le under this clause shall 3e Bnal9
:A< "u3Nect to the .rovisions o1 articles 6PF and 6P>,
no money shall 3e 4ithdra4n 1rom the &onsolidated
Fund o1 the "tate e2ce.t under a..ro.riation made 3y
la4 .assed in accordance 4ith the .rovisions o1 this
article9
205. :< The %overnor shallC
:a< i1 the amount authorised 3y any la4 made in
accordance 4ith the .rovisions o1 article 6P8 to 3e
e2.ended 1or a .articular service 1or the current
Bnancial year is 1ound to 3e insuMcient 1or the
.ur.oses o1 that year or 4hen a need has arisen
during the current Bnancial year 1or su..lementary
or additional e2.enditure u.on some ne4 service
not contem.lated in the annual Bnancial statement
1or that year, or
A..ro.riation )ills9
"u..lementary,
additional or
e2cess grants9
:%art 4$.CThe States.CArts. 6PAC6PF9<
P
:b< i1 any money has 3een s.ent on any service
during a Bnancial year in e2cess o1 the amount
granted 1or that service and 1or that year,
cause to 3e laid 3e1ore the House or the Houses o1 the
Legislature o1 the "tate another statement sho4ing the
estimated amount o1 that e2.enditure or cause to 3e
.resented to the Legislative Assem3ly o1 the "tate a
demand 1or such e2cess, as the case may 3e9
:6< The .rovisions o1 articles 6P6, 6PA and 6P8 shall
have eGect in relation to any such statement and
e2.enditure or demand and also to any la4 to 3e made
authorising the a..ro.riation o1 moneys out o1 the
&onsolidated Fund o1 the "tate to meet such e2.enditure
or the grant in res.ect o1 such demand as they have eGect
in relation to the annual Bnancial statement and the
e2.enditure mentioned therein or to a demand 1or a grant
and the la4 to 3e made 1or the authorisation o1
a..ro.riation o1 moneys out o1 the &onsolidated Fund o1
the "tate to meet such e2.enditure or grant9
.rovisions o1 this &ha.ter, the Legislative Assem3ly o1 a
"tate shall have .o4erC
:a< to maEe any grant in advance in res.ect o1 the
estimated e2.enditure 1or a .art o1 any Bnancial year
.ending the com.letion o1 the .rocedure .rescri3ed
in article 6PA 1or the voting o1 such grant and the
.assing o1 the la4 in accordance 4ith the .rovisions
o1 article 6P8 in relation to that e2.enditure/
:b< to maEe a grant 1or meeting an une2.ected
demand u.on the resources o1 the "tate 4hen on
account o1 the magnitude or the indeBnite character
o1 the service the demand cannot 3e stated 4ith the
details ordinarily given in an annual Bnancial
statement/
:c< to maEe an e2ce.tional grant 4hich 1orms no
.art o1 the current service o1 any Bnancial year/
and the Legislature o1 the "tate shall have .o4er to
authorise 3y la4 the 4ithdra4al o1 moneys 1rom the
#otes on account,
votes o1 credit and
e2ce.tional grants9
:%art 4$.CThe States.CArts. 6PF;6P>9<
P6
&onsolidated Fund o1 the "tate 1or the .ur.oses 1or 4hich
the said grants are made9
:6< The .rovisions o1 articles 6PA and 6P8 shall have
eGect in relation to the maEing o1 any grant under clause
:< and to any la4 to 3e made under that clause as they
have eGect in relation to the maEing o1 a grant 4ith
regard to any e2.enditure mentioned in the annual
Bnancial statement and the la4 to 3e made 1or the
authorisation o1 a..ro.riation o1 moneys out o1 the
&onsolidated Fund o1 the "tate to meet such e2.enditure9
207. :< A )ill or amendment maEing .rovision 1or
any o1 the matters s.eciBed in su3;clauses :a< to :!< o1
clause :< o1 article 77 shall not 3e introduced or moved
e2ce.t on the recommendation o1 the %overnor, and a )ill
maEing such .rovision shall not 3e introduced in a
Legislative &ouncil,
Provided that no recommendation shall 3e reDuired
under this clause 1or the moving o1 an amendment
maEing .rovision 1or the reduction or a3olition o1 any
ta29
:6< A )ill or amendment shall not 3e deemed to maEe
.rovision 1or any o1 the matters a1oresaid 3y reason only
that it .rovides 1or the im.osition o1 Bnes or other
.ecuniary .enalties, or 1or the demand or .ayment o1 1ees
1or licences or 1ees 1or services rendered, or 3y reason that
it .rovides 1or the im.osition, a3olition, remission,
alteration or regulation o1 any ta2 3y any local authority
or 3ody 1or local .ur.oses9
:A< A )ill 4hich, i1 enacted and 3rought into
o.eration, 4ould involve e2.enditure 1rom the
&onsolidated Fund o1 a "tate shall not 3e .assed 3y a
House o1 the Legislature o1 the "tate unless the %overnor
has recommended to that House the consideration o1
the )ill9
%rocedure 'enera##y
208. :< A House o1 the Legislature o1 a "tate may
maEe rules 1or regulating, su3Nect to the .rovisions o1
this &onstitution, its .rocedure and the conduct o1 its
3usiness9
".ecial .rovisions
as to Bnancial )ills9
$ules o1 .rocedure9
:%art 4$.CThe States.CArts. 6P>C6PK9<
PA
:6< 'ntil rules are made under clause :<, the rules o1
.rocedure and standing orders in 1orce immediately
3e1ore the commencement o1 this &onstitution 4ith
res.ect to the Legislature 1or the corres.onding Province
shall have eGect in relation to the Legislature o1 the "tate
su3Nect to such modiBcations and ada.tations as may 3e
made therein 3y the ".eaEer o1 the Legislative Assem3ly,
or the &hairman o1 the Legislative &ouncil, as the case
may 3e9
:A< In a "tate having a Legislative &ouncil the
%overnor, a1ter consultation 4ith the ".eaEer o1 the
Legislative Assem3ly and the &hairman o1 the Legislative
&ouncil, may maEe rules as to the .rocedure 4ith res.ect
to communications 3et4een the t4o Houses9
209. The Legislature o1 a "tate may, 1or the .ur.ose
o1 the timely com.letion o1 Bnancial 3usiness, regulate
3y la4 the .rocedure o1, and the conduct o1 3usiness in,
the House or Houses o1 the Legislature o1 the "tate in
relation to any Bnancial matter or to any )ill 1or the
a..ro.riation o1 moneys out o1 the &onsolidated Fund
o1 the "tate, and, i1 and so 1ar as any .rovision o1 any
la4 so made is inconsistent 4ith any rule made 3y the
House or either House o1 the Legislature o1 the "tate
under clause :< o1 article 6PK or 4ith any rule or standing
order having eGect in relation to the Legislature o1 the
"tate under clause :6< o1 that article, such .rovision shall
.revail9
210. :< Not4ithstanding anything in Part S#II, 3ut
su3Nect to the .rovisions o1 article A8K, 3usiness in the
Legislature o1 a "tate shall 3e transacted in the oMcial
language or languages o1 the "tate or in Hindi or in
English,
Provided that the ".eaEer o1 the Legislative Assem3ly
or &hairman o1 the Legislative &ouncil, or .erson acting
as such, as the case may 3e, may .ermit any mem3er
4ho cannot adeDuately e2.ress himsel1 in any o1 the
languages a1oresaid to address the House in his mothertongue9
:6< 'nless the Legislature o1 the "tate 3y la4
other4ise .rovides, this article shall, a1ter the e2.iration
$egulation 3y la4
o1 .rocedure in the
Legislature o1 the
"tate in relation to
Bnancial 3usiness9
Language to 3e
used in the
Legislature9
:%art 4$.CThe States.CArts. 6PKC6P9<
P8
o1 a .eriod o1 B1teen years 1rom the commencement o1
this &onstitution, have eGect as i1 the 4ords ?or in
English@ 4ere omitted there1rom,
!Provided that in relation to the 6!Legislatures o1
the "tates o1 Himachal Pradesh, (ani.ur, (eghalaya
and Tri.ura* this clause shall have eGect as i1 1or the
4ords ?B1teen years@ occurring therein, the 4ords
?t4enty;Bve years@ 4ere su3stituted,*
A!Provided 1urther that in relation to the
8!Legislatures o1 the "tates o1 F!Arunachal Pradesh, %oa
and (i+oram**, this clause shall have eGect as i1 1or the
4ords ?B1teen years@ occurring therein, the 4ords
?1orty years@ 4ere su3stituted9*
211. No discussion shall taEe .lace in the Legislature
o1 a "tate 4ith res.ect to the conduct o1 any -udge o1 the
"u.reme &ourt or o1 a High &ourt in the discharge o1
his duties9
212. :< The validity o1 any .roceedings in the
Legislature o1 a "tate shall not 3e called in Duestion on
the ground o1 any alleged irregularity o1 .rocedure9
:6< No oMcer or mem3er o1 the Legislature o1 a "tate
in 4hom .o4ers are vested 3y or under this &onstitution
1or regulating .rocedure or the conduct o1 3usiness, or 1or
maintaining order, in the Legislature shall 3e su3Nect to
the Nurisdiction o1 any court in res.ect o1 the e2ercise 3y
him o1 those .o4ers9
&HAPTE$ I#9CLE%I"LATI#E POWE$ OF THE %O#E$NO$
213. :< I1 at any time, e2ce.t 4hen the Legislative
Assem3ly o1 a "tate is in session, or 4here there is a
Legislative &ouncil in a "tate, e2ce.t 4hen 3oth Houses
$estriction on
discussion in the
Legislature9
&ourts not to
inDuire into
.roceedings o1 the
Legislature9
Ins9 3y the "tate o1 Himachal Pradesh Act, 7=P :FA o1 7=P<, s9 8> :49e919 6F;;7=<9
6"u3s9 3y the North;Eastern Areas :$eorganisation< Act, 7= :K o1 7=<, s9 =, 1or
?Legislature o1 the "tate o1 Himachal Pradesh@ :49e919 6;;7=6<9
AIns9 3y the "tate o1 (i+oram Act, 7K> :A8 o1 7K><, s9 A7 :49e919 6P;6;7K=<9
8"u3s9 3y the "tate o1 Arunachal Pradesh Act, 7K> :>7 o1 7K><, s9 86, 1or ?Legislature
o1 the "tate o1 (i+oram@ :49e919 6P;6;7K=<9
F"u3s9 3y the %oa, Daman and Diu $eorganisation Act, 7K= :K o1 7K=<, s9 >A, 1or
?Arunachal Pradesh and (i+oram@ :49e919 AP;F;7K=<9
Po4er o1
%overnor to
.romulgate
Ordinances during
recess o1
Legislature9
:%art 4$.CThe States.CArts. 6PC6A9<
PF
o1 the Legislature are in session, the %overnor is satisBed
that circumstances e2ist 4hich render it necessary 1or
him to taEe immediate action, he may .romulgate
such Ordinances as the circumstances a..ear to him to
reDuire,
Provided that the %overnor shall not, 4ithout
instructions 1rom the President, .romulgate any such
Ordinance i1C
:a< a )ill containing the same .rovisions 4ould
under this &onstitution have reDuired the .revious
sanction o1 the President 1or the introduction thereo1
into the Legislature/ or
:b< he 4ould have deemed it necessary to reserve
a )ill containing the same .rovisions 1or the
consideration o1 the President/ or
:c< an Act o1 the Legislature o1 the "tate containing
the same .rovisions 4ould under this &onstitution
have 3een invalid unless, having 3een reserved 1or
the consideration o1 the President, it had received
the assent o1 the President9
:6< An Ordinance .romulgated under this article shall
have the same 1orce and eGect as an Act o1 the Legislature
o1 the "tate assented to 3y the %overnor, 3ut every such
OrdinanceC
:a< shall 3e laid 3e1ore the Legislative Assem3ly
o1 the "tate, or 4here there is a Legislative &ouncil
in the "tate, 3e1ore 3oth the Houses, and shall cease
to o.erate at the e2.iration o1 si2 4eeEs 1rom the
reassem3ly o1 the Legislature, or i1 3e1ore the
e2.iration o1 that .eriod a resolution disa..roving it
is .assed 3y the Legislative Assem3ly and agreed to
3y the Legislative &ouncil, i1 any, u.on the .assing
o1 the resolution or, as the case may 3e, on the
resolution 3eing agreed to 3y the &ouncil/ and
:b< may 3e 4ithdra4n at any time 3y the
%overnor9
"xp#anation.CWhere the Houses o1 the Legislature
:%art 4$.CThe States.CArt. 6A9<
P>
o1 a "tate having a Legislative &ouncil are summoned to
reassem3le on diGerent dates, the .eriod o1 si2 4eeEs
shall 3e recEoned 1rom the later o1 those dates 1or the
.ur.oses o1 this clause9
maEes any .rovision 4hich 4ould not 3e valid i1 enacted
in an Act o1 the Legislature o1 the "tate assented to 3y
the %overnor, it shall 3e void,
Provided that, 1or the .ur.oses o1 the .rovisions o1
this &onstitution relating to the eGect o1 an Act o1 the
Legislature o1 a "tate 4hich is re.ugnant to an Act o1
Parliament or an e2isting la4 4ith res.ect to a matter
enumerated in the &oncurrent List, an Ordinance
.romulgated under this article in .ursuance o1
instructions 1rom the President shall 3e deemed to 3e an
Act o1 the Legislature o1 the "tate 4hich has 3een
reserved 1or the consideration o1 the President and
assented to 3y him9
H H H H H
&HAPTE$ #9CTHE HI%H &O'$T" IN THE "TATE"
214. 6HHH There shall 3e a High &ourt 1or each "tate9
AH H H H H
215. Every High &ourt shall 3e a court o1 record and
shall have all the .o4ers o1 such a court including the
.o4er to .unish 1or contem.t o1 itsel19
216. Every High &ourt shall consist o1 a &hie1 -ustice
and such other -udges as the President may 1rom time to
time deem it necessary to a..oint9
8H H H H H
High &ourts 1or
"tates9
High &ourts to 3e
courts o1 record9
&onstitution o1
High &ourts9
&l9 :8< 4as ins9 3y the &onstitution :Thirty;eighth Amendment< Act, 7=F, s9 A
s9 6= :49e919 6P;>;7=7<9
6The 3racEets and Bgure ?:<@ omitted 3y the &onstitution :"eventh Amendment< Act,
7F>, s9 67 and "ch9
A&ls9 :6< and :A< omitted 3y s9 67 and "ch9, ibid.
8Proviso omitted 3y s9 , ibid9
:%art 4$.CThe States.CArts. 6AC6>9<
P=
217. :< Every -udge o1 a High &ourt shall 3e a..ointed
3y the President 3y 4arrant under his hand and seal
a1ter consultation 4ith the &hie1 -ustice o1 India, the
%overnor o1 the "tate, and, in the case o1 a..ointment o1
a -udge other than the &hie1 -ustice, the &hie1 -ustice o1
the High &ourt, and !shall hold oMce, in the case o1 an
additional or acting -udge, as .rovided in article 668,
and in any other case, until he attains the age o1 6!si2tyt4o
years**,
Provided thatC
:a< a -udge may, 3y 4riting under his hand
:b< a -udge may 3e removed 1rom his oMce 3y the
President in the manner .rovided in clause :8< o1
article 68 1or the removal o1 a -udge o1 the "u.reme
&ourt/
:c< the oMce o1 a -udge shall 3e vacated 3y his
3eing a..ointed 3y the President to 3e a -udge o1
the "u.reme &ourt or 3y his 3eing trans1erred 3y the
President to any other High &ourt 4ithin the territory
o1 India9
:6< A .erson shall not 3e DualiBed 1or a..ointment as
a -udge o1 a High &ourt unless he is a citi+en o1 India
andC
:a< has 1or at least ten years held a Nudicial oMce
in the territory o1 India/ or
:b< has 1or at least ten years 3een an advocate o1
a High &ourt AHHH or o1 t4o or more such &ourts in
succession/ 8HHH
8H H H H H
A..ointment and
conditions o1 the
oMce o1 a -udge
o1 a High &ourt9
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 6, 1or ?shall hold oMce
until he attains the age o1 si2ty years@9
6"u3s9 3y the &onstitution :Fi1teenth Amendment< Act, 7>A, s9 8, 1or ?si2ty years@9
AThe 4ords ?in any "tate s.eciBed in the First "chedule@ omitted 3y the &onstitution
8The 4ord ?or@ and su3;clause :c< 4ere ins9 3y the &onstitution :Forty;second
Amendment< Act, 7=>, s9 A> :49e919 A;;7==< and omitted 3y the &onstitution :Forty1ourth
Amendment< Act, 7=K, s9 6K :49e919 6P;>;7=7<9
:%art 4$.CThe States.CArt. 6=9<
PK
"xp#anation.CFor the .ur.oses o1 this clauseC
!:a< in com.uting the .eriod during 4hich a
.erson has held Nudicial oMce in the territory o1 India,
there shall 3e included any .eriod, a1ter he has held
any Nudicial oMce, during 4hich the .erson has 3een
an advocate o1 a High &ourt or has held the oMce
o1 a mem3er o1 a tri3unal or any .ost, under the
'nion or a "tate, reDuiring s.ecial Eno4ledge o1 la4/*
6!:aa<* in com.uting the .eriod during 4hich a
.erson has 3een an advocate o1 a High &ourt, there
shall 3e included any .eriod during 4hich the .erson
A!has held Nudicial oMce or the oMce o1 a mem3er o1
a tri3unal or any .ost, under the 'nion or a "tate,
reDuiring s.ecial Eno4ledge o1 la4* a1ter he 3ecame
an advocate/
:b< in com.uting the .eriod during 4hich a .erson
has held Nudicial oMce in the territory o1 India or
3een an advocate o1 a High &ourt, there shall 3e
included any .eriod 3e1ore the commencement o1
this &onstitution during 4hich he has held Nudicial
oMce in any area 4hich 4as com.rised 3e1ore the
B1teenth day o1 August, 78=, 4ithin India as deBned
3y the %overnment o1 India Act, 7AF, or has 3een
an advocate o1 any High &ourt in any such area, as
the case may 3e9
8!:A< I1 any Duestion arises as to the age o1 a -udge
o1 a High &ourt, the Duestion shall 3e decided 3y the
President a1ter consultation 4ith the &hie1 -ustice o1 India
and the decision o1 the President shall 3e Bnal9*
218. The .rovisions o1 clauses :8< and :F< o1 article
68 shall a..ly in relation to a High &ourt as they a..ly
in relation to the "u.reme &ourt 4ith the su3stitution o1
re1erences to the High &ourt 1or re1erences to the "u.reme
&ourt9
A..lication o1
certain .rovisions
relating to "u.reme
&ourt to High
&ourts9
Ins9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 6K :49e919 6P;>;7=7<9
6&l9 :a< re;lettered as cl9 :aa< 3y s9 6K, ibid9 :49e919 6P;>;7=7<9
A"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 A>, 1or ?has held
Nudicial oMce@ :49e919 A;;7==<9
8Ins9 3y the &onstitution :Fi1teenth Amendment< Act, 7>A, s9 8 :4ith retros.ective
eGect<9
:%art 4$.CThe States.CArts. 6=;6K9<
P7
219. Every .erson a..ointed to 3e a -udge o1 a High
&ourt HHH shall, 3e1ore he enters u.on his oMce, maEe
and su3scri3e 3e1ore the %overnor o1 the "tate, or some
.erson a..ointed in that 3ehal1 3y him, an oath or
aMrmation according to the 1orm set out 1or the .ur.ose
6!220. No .erson 4ho, a1ter the commencement o1
this &onstitution, has held oMce as a .ermanent -udge o1
a High &ourt shall .lead or act in any court or 3e1ore any
authority in India e2ce.t the "u.reme &ourt and the
other High &ourts9
"xp#anation.CIn this article, the e2.ression ?High
&ourt@ does not include a High &ourt 1or a "tate s.eciBed
in Part ) o1 the First "chedule as it e2isted 3e1ore
the commencementA o1 the &onstitution :"eventh
Amendment< Act, 7F>9*
221. 8!:< There shall 3e .aid to the -udges o1 each
High &ourt such salaries as may 3e determined 3y
Parliament 3y la4 and, until .rovision in that 3ehal1 is
so made, such salaries as are s.eciBed in the "econd
"chedule9*
:6< Every -udge shall 3e entitled to such allo4ances
and to such rights in res.ect o1 leave o1 a3sence and
.ension as may 1rom time to time 3e determined 3y or
under la4 made 3y Parliament and, until so determined,
to such allo4ances and rights as are s.eciBed in the
"econd "chedule,
Provided that neither the allo4ances o1 a -udge nor
his rights in res.ect o1 leave o1 a3sence or .ension shall
3e varied to his disadvantage a1ter his a..ointment9
222. :< The President may, a1ter consultation 4ith
the &hie1 -ustice o1 India, trans1er a -udge 1rom one High
&ourt to any other High &ourt FHHH9
Oath or
aMrmation 3y
-udges o1 High
&ourts9
$estriction on
.ractice a1ter 3eing
a .ermanent -udge9
Trans1er o1 a
-udge 1rom one
High &ourt to
another9
The 4ords ?in a "tate? omitted 3y the &onstitution :"eventh Amendment< Act, 7F>,
s9 67 and "ch9
6"u3s9 3y s9 A, ibid9, 1or art9 66P9
Ast Novem3er, 7F>9
8"u3s9 3y the &onstitution :Fi1ty;1ourth Amendment< Act, 7K>, s9 A, 1or cl9 :< :49e919
;8;7K><9
FThe 4ords ?4ithin the territory o1 India? omitted 3y the &onstitution :"eventh
Amendment< Act, 7F>, s9 89
"alaries, etc9, o1
-udges9
:%art 4$.CThe States.CArts. 67C6669<
P
!:6< When a -udge has 3een or is so trans1erred, he
shall, during the .eriod he serves, a1ter the commencement
o1 the &onstitution :Fi1teenth Amendment< Act, 7>A, as
a -udge o1 the other High &ourt, 3e entitled to receive in
addition to his salary such com.ensatory allo4ance as
may 3e determined 3y Parliament 3y la4 and, until so
determined, such com.ensatory allo4ance as the
President may 3y order B29*
223. When the oMce o1 &hie1 -ustice o1 a High &ourt
is vacant or 4hen any such &hie1 -ustice is, 3y reason o1
a3sence or other4ise, una3le to .er1orm the duties o1 his
oMce, the duties o1 the oMce shall 3e .er1ormed 3y such
one o1 the other -udges o1 the &ourt as the President may
6!2249 :< I1 3y reason o1 any tem.orary increase in the
3usiness o1 a High &ourt or 3y reason o1 arrears o1 4orE
therein, it a..ears to the President that the num3er o1 the
-udges o1 that &ourt should 3e 1or the time 3eing
increased, the President may a..oint duly DualiBed
.ersons to 3e additional -udges o1 the &ourt 1or such
.eriod not e2ceeding t4o years as he may s.eci1y9
:6< When any -udge o1 a High &ourt other than the
&hie1 -ustice is 3y reason o1 a3sence or 1or any other
reason una3le to .er1orm the duties o1 his oMce or is
a..ointed to act tem.orarily as &hie1 -ustice, the
President may a..oint a duly DualiBed .erson to act as
a -udge o1 that &ourt until the .ermanent -udge has
resumed his duties9
:A< No .erson a..ointed as an additional or acting
-udge o1 a High &ourt shall hold oMce a1ter attaining the
age o1 A!si2ty;t4o years*9*
8!224A9 Not4ithstanding anything in this &ha.ter,
the &hie1 -ustice o1 a High &ourt 1or any "tate may at
any time, 4ith the .revious consent o1 the President,
A..ointment o1
acting &hie1 -ustice9
Ins9 3y the &onstitution :Fi1teenth Amendment< Act, 7>A, s9 F9 Original cl9 :6< 4as
omitted 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 89
6"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 F, 1or art9 6689
A"u3s9 3y the &onstitution :Fi1teenth Amendment< Act, 7>A, s9 >, 1or ?si2ty years@9
8Ins9 3y s9 =, ibid9
A..ointment o1
additional and
acting -udges9
A..ointment o1
retired -udges at
sittings o1 High
&ourts9
reDuest any .erson 4ho has held the oMce o1 a -udge o1

that &ourt or o1 any other High &ourt to sit and act as a
-udge o1 the High &ourt 1or that "tate, and every such
.erson so reDuested shall, 4hile so sitting and acting, 3e
entitled to such allo4ances as the President may 3y order
determine and have all the Nurisdiction, .o4ers and
.rivileges o1, 3ut shall not other4ise 3e deemed to 3e, a
-udge o1 that High &ourt,
Provided that nothing in this article shall 3e deemed
to reDuire any such .erson as a1oresaid to sit and act as
a -udge o1 that High &ourt unless he consents so to do9*
225. "u3Nect to the .rovisions o1 this &onstitution and
to the .rovisions o1 any la4 o1 the a..ro.riate Legislature
made 3y virtue o1 .o4ers con1erred on that Legislature
3y this &onstitution, the Nurisdiction o1, and the la4
administered in, any e2isting High &ourt, and the
res.ective .o4ers o1 the -udges thereo1 in relation to the
administration o1 Nustice in the &ourt, including any
.o4er to maEe rules o1 &ourt and to regulate the sittings
o1 the &ourt and o1 mem3ers thereo1 sitting alone or in
Division &ourts, shall 3e the same as immediately 3e1ore
the commencement o1 this &onstitution,
!Provided that any restriction to 4hich the e2ercise
o1 original Nurisdiction 3y any o1 the High &ourts 4ith
res.ect to any matter concerning the revenue or concerning
any act ordered or done in the collection thereo1 4as
su3Nect immediately 3e1ore the commencement o1 this
&onstitution shall no longer a..ly to the e2ercise o1 such
Nurisdiction9*
6!226. :< Not4ithstanding anything in article A6 AHHH
every High &ourt shall have .o4er, throughout the
territories in relation to 4hich it e2ercises Nurisdiction, to
issue to any .erson or authority, including in a..ro.riate
cases, any %overnment, 4ithin those territories directions,
-urisdiction o1
e2isting High
&ourts9
Po4er o1 High
&ourts to issue
certain 4rits9
Ins9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 67, :49e919
6P;>;7=7<9 Original .roviso 4as omitted 3y the &onstitution :Forty;second Amendment<
Act, 7=>, s9 A= :49e919 ;6;7==<9
6"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 AK, 1or art9 66>
:49e919 ;6;7==<9
AThe 4ords, Bgures and letters ?3ut su3Nect to the .rovisions o1 article AA and article
66>A@ omitted 3y the &onstitution :Forty;third Amendment< Act, 7==, s9 = :49e919
A;8;7=K<9
:%art 4$.CThe States.CArts. 668AC66>9<
6
orders or 4rits, including !4rits in the nature o1 habeas
corpus mandamus .rohi3ition, )uo warranto and certiorari,
or any o1 them, 1or the en1orcement o1 any o1 the rights
con1erred 3y Part III and 1or any other .ur.ose9*
:6< The .o4er con1erred 3y clause :< to issue
directions, orders or 4rits to any %overnment, authority
or .erson may also 3e e2ercised 3y any High &ourt
e2ercising Nurisdiction in relation to the territories 4ithin
4hich the cause o1 action, 4holly or in .art, arises 1or the
e2ercise o1 such .o4er, not4ithstanding that the seat o1
such %overnment or authority or the residence o1 such
.erson is not 4ithin those territories9
6!:A< Where any .arty against 4hom an interim order,
4hether 3y 4ay o1 inNunction or stay or in any other
manner, is made on, or in any .roceedings relating to, a
.etition under clause :<, 4ithoutC
:a< 1urnishing to such .arty co.ies o1 such .etition
and all documents in su..ort o1 the .lea 1or such
interim order/ and
:b< giving such .arty an o..ortunity o1 3eing
heard,
maEes an a..lication to the High &ourt 1or the vacation
o1 such order and 1urnishes a co.y o1 such a..lication
to the .arty in 4hose 1avour such order has 3een made
or the counsel o1 such .arty, the High &ourt shall dis.ose
o1 the a..lication 4ithin a .eriod o1 t4o 4eeEs 1rom the
date on 4hich it is received or 1rom the date on 4hich
the co.y o1 such a..lication is so 1urnished, 4hichever
is later, or 4here the High &ourt is closed on the last
day o1 that .eriod, 3e1ore the e2.iry o1 the ne2t day
a1ter4ards on 4hich the High &ourt is o.en/ and i1 the
a..lication is not so dis.osed o1, the interim order shall,
on the e2.iry o1 that .eriod, or, as the case may 3e, the
e2.iry o1 the said ne2t day, stand vacated9*
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 AP, 1or the .ortion
3eginning 4ith the 4ords ?4rits in the nauture o1 habeas corpus mandamus .rohi3ition, )uo
warranto and certiorari or any o1 them@ and ending 4ith the 4ords ?such illegality has
resulted in su3stantial 1ailure o1 Nustice@ :49e919 ;K;7=7<9
6"u3s9 3y s9 AP, ibid9, 1or cls9 :A<, :8<, :F< and :>< :49e919 ;K;7=7<9
:%art 4$.CThe States.CArts. 66>9<
A
!:8< The .o4er con1erred on a High &ourt 3y this
article shall not 3e in derogation o1 the .o4er con1erred
on the "u.reme &ourt 3y clause :6< o1 article A69*
6226A. !Constitutiona# +a#idity o! Centra# #aws not to be
considered in proceedin(s under artic#e 66>9* Rep. by the
Constitution (*orty-third Amendment) Act 7==, s9 K :w.e.!.
A;8;7=K<9
227. A!:< Every High &ourt shall have
su.erintendence over all courts and tri3unals throughout
the territories in relation to 4hich it e2ercises Nurisdiction9*
:6< Without .reNudice to the generality o1 the
1oregoing .rovision, the High &ourt mayC
:a< call 1or returns 1rom such courts/
:b< maEe and issue general rules and .rescri3e
1orms 1or regulating the .ractice and .roceedings o1
such courts/ and
:c< .rescri3e 1orms in 4hich 3ooEs, entries and
accounts shall 3e Ee.t 3y the oMcers o1 any such
courts9
:A< The High &ourt may also settle ta3les o1 1ees to
3e allo4ed to the sheriG and all clerEs and oMcers o1
such courts and to attorneys, advocates and .leaders
.ractising therein,
Provided that any rules made, 1orms .rescri3ed or
ta3les settled under clause :6< or clause :A< shall not 3e
inconsistent 4ith the .rovision o1 any la4 1or the time
3eing in 1orce, and shall reDuire the .revious a..roval o1
the %overnor9
:8< Nothing in this article shall 3e deemed to con1er
on a High &ourt .o4ers o1 su.erintendence over any
court or tri3unal constituted 3y or under any la4 relating
to the Armed Forces9
Po4er o1
su.erintendence
over all courts 3y
the High &ourt9
&l9 :=< renum3ered as cl9 :8< 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K,
s9 AP :49e919 ;K;7=7<9
6Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 A7 :49e919 ;6;7==<9
A&l9 :< has 3een successively su3s9 3y the &onstitution :Forty;second Amendment< Act,
7=>, s9 8P :49e919 ;6;7==< and the &onstitution :Forty;1ourth Amendment< Act, 7=K,
s9 A, to read as a3ove :49e919 6P;>;7=7<9
:%art 4$.CThe States.CArts. 66>;66=9<
8
H H H H H
228. I1 the High &ourt is satisBed that a case .ending
in a court su3ordinate to it involves a su3stantial Duestion
o1 la4 as to the inter.retation o1 this &onstitution the
determination o1 4hich is necessary 1or the dis.osal o1
the case, 6!it shall 4ithdra4 the case and AHHH mayC*
:a< either dis.ose o1 the case itsel1, or
:b< determine the said Duestion o1 la4 and return
the case to the court 1rom 4hich the case has 3een
so 4ithdra4n together 4ith a co.y o1 its Nudgment
on such Duestion, and the said court shall on recei.t
thereo1 .roceed to dis.ose o1 the case in con1ormity
4ith such Nudgment9
8228A. !Specia# pro+isions as to disposa# o! )uestions
re#atin( to constitutiona# +a#idity o! State #aws.* Rep. by the
Constitution (*orty-third Amendment< Act 7==, s9 P :w.e.!.
A;8;7=K<9
229. :< A..ointments o1 oMcers and servants o1 a
High &ourt shall 3e made 3y the &hie1 -ustice o1 the
&ourt or such other -udge or oMcer o1 the &ourt as he
may direct,
Provided that the %overnor o1 the "tate FHHH may 3y
rule reDuire that in such cases as may 3e s.eciBed in the
rule no .erson not already attached to the &ourt shall 3e
a..ointed to any oMce connected 4ith the &ourt save
a1ter consultation 4ith the "tate Pu3lic "ervice
&ommission9
:6< "u3Nect to the .rovisions o1 any la4 made 3y the
Legislature o1 the "tate, the conditions o1 service o1
Trans1er o1 certain
cases to High
&ourt9
OMcers and
servants and the
e2.enses o1 High
&ourts9
&l9 :F< 4as ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 8P :49e919
;6;7==< and omitted 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 A
:49e919 6P;>;7=7<9
6"u3s9 3y the &onstitution :Forty;second Amendment< Act9 7=>, s9 8, 1or ?it shall
4ithdra4 the case and may C@ :49e919 ;6;7==<9
AThe 4ords, Bgures and letters ?su3Nect to the .rovisions o1 article AA,? omitted 3y
the &onstitution :Forty;third Amendment< Act, 7==, s9 7 :49e919 A;8;7=K<9
8Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 86 :49e919 ;6;7==<9
FThe 4ords ?in 4hich the High &ourt has its .rinci.al seat@ omitted 3y the &onstitution
:%art 4$.CThe States.CArts. 66=C6679<
F
oMcers and servants o1 a High &ourt shall 3e such as
may 3e .rescri3ed 3y rules made 3y the &hie1 -ustice o1
the &ourt or 3y some other -udge or oMcer o1 the &ourt
authorised 3y the &hie1 -ustice to maEe rules 1or the
.ur.ose,
Provided that the rules made under this clause shall,
so 1ar as they relate to salaries, allo4ances, leave or
.ensions, reDuire the a..roval o1 the %overnor o1 the
"tate HHH9
:A< The administrative e2.enses o1 a High &ourt,
including all salaries, allo4ances and .ensions .aya3le
to or in res.ect o1 the oMcers and servants o1 the &ourt,
shall 3e charged u.on the &onsolidated Fund o1 the "tate,
and any 1ees or other moneys taEen 3y the &ourt shall
1orm .art o1 that Fund9
6!230. :< Parliament may 3y la4 e2tend the
Nurisdiction o1 a High &ourt to, or e2clude the Nurisdiction
o1 a High &ourt 1rom, any 'nion territory9
:6< Where the High &ourt o1 a "tate e2ercises
Nurisdiction in relation to a 'nion territory,C
:a< nothing in this &onstitution shall 3e construed
as em.o4ering the Legislature o1 the "tate to increase,
restrict or a3olish that Nurisdiction/ and
:b< the re1erence in article 66= to the %overnor
shall, in relation to any rules, 1orms or ta3les 1or
su3ordinate courts in that territory, 3e construed as
a re1erence to the President9
231. :< Not4ithstanding anything contained in the
.receding .rovisions o1 this &ha.ter, Parliament may 3y
la4 esta3lish a common High &ourt 1or t4o or more
"tates or 1or t4o or more "tates and a 'nion territory9
:6< In relation to any such High &ourt,C
:a< the re1erence in article 6= to the %overnor o1
the "tate shall 3e construed as a re1erence to the
%overnors o1 all the "tates in relation to 4hich the
High &ourt e2ercises Nurisdiction/
E2tension o1
Nurisdiction o1
High &ourts to
'nion territories9
Esta3lishment o1
a common High
&ourt 1or t4o or
more "tates9
The 4ords ?in 4hich the High &ourt has its .rinci.al seat@ omitted 3y the &onstitution
6"u3s9 3y s9 >, ibid., 1or arts9 6AP, 6A and 6A69
>
:b< the re1erence in article 66= to the %overnor
shall, in relation to any rules, 1orms or ta3les 1or
su3ordinate courts, 3e construed as a re1erence to
the %overnor o1 the "tate in 4hich the su3ordinate
courts are situate/ and
:c< the re1erences in articles 67 and 667 to the
"tate shall 3e construed as a re1erence to the "tate in
4hich the High &ourt has its .rinci.al seat,
Provided that i1 such .rinci.al seat is in a 'nion
territory, the re1erences in articles 67 and 667 to the
%overnor, Pu3lic "ervice &ommission, Legislature and
&onsolidated Fund o1 the "tate shall 3e construed
res.ectively as re1erences to the President, 'nion Pu3lic
"ervice &ommission, Parliament and &onsolidated Fund
o1 India9*
&HAPTE$ #I9C"')O$DINATE &O'$T"
233. :< A..ointments o1 .ersons to 3e, and the .osting
and .romotion o1, district Nudges in any "tate shall 3e
made 3y the %overnor o1 the "tate in consultation 4ith
the High &ourt e2ercising Nurisdiction in relation to such
"tate9
:6< A .erson not already in the service o1 the 'nion
or o1 the "tate shall only 3e eligi3le to 3e a..ointed a
district Nudge i1 he has 3een 1or not less than seven years
an advocate or a .leader and is recommended 3y the
High &ourt 1or a..ointment9
!233A. Not4ithstanding any Nudgment, decree or
order o1 any court,C
:a< :i< no a..ointment o1 any .erson already in
the Nudicial service o1 a "tate or o1 any .erson 4ho
has 3een 1or not less than seven years an advocate
or a .leader, to 3e a district Nudge in that "tate, and
:ii< no .osting, .romotion or trans1er o1 any such
.erson as a district Nudge,
made at any time 3e1ore the commencement o1 the
&onstitution :T4entieth Amendment< Act, 7>>,
#alidation o1
a..ointments o1,
and Nudgments,
etc9, delivered 3y,
certain district
Nudges9
Ins9 3y the &onstitution :T4entieth Amendment< Act, 7>>, s9 69
A..ointment o1
district Nudges9
:%art 4$.CThe States.CArts. 6AC6AAA9<
=
other4ise than in accordance 4ith the .rovisions o1
article 6AA or article 6AF shall 3e deemed to 3e illegal or
void or ever to have 3ecome illegal or void 3y reason
only o1 the 1act that such a..ointment, .osting,
.romotion or trans1er 4as not made in accordance 4ith
the said .rovisions/*
:b< no Nurisdiction e2ercised, no Nudgment, decree,
sentence or order .assed or made, and no other act
or .roceeding done or taEen, 3e1ore the
commencement o1 the &onstitution :T4entieth
Amendment< Act, 7>> 3y, or 3e1ore, any .erson
a..ointed, .osted, .romoted or trans1erred as a
district Nudge in any "tate other4ise than in
accordance 4ith the .rovisions o1 article 6AA or
article 6AF shall 3e deemed to 3e illegal or invalid or
ever to have 3ecome illegal or invalid 3y reason only
o1 the 1act that such a..ointment, .osting, .romotion
or trans1er 4as not made in accordance 4ith the said
.rovisions9*
234. A..ointments o1 .ersons other than district
Nudges to the Nudicial service o1 a "tate shall 3e made 3y
the %overnor o1 the "tate in accordance 4ith rules made
3y him in that 3ehal1 a1ter consultation 4ith the "tate
Pu3lic "ervice &ommission and 4ith the High &ourt
e2ercising Nurisdiction in relation to such "tate9
235. The control over district courts and courts
su3ordinate thereto including the .osting and .romotion
o1, and the grant o1 leave to, .ersons 3elonging to the
Nudicial service o1 a "tate and holding any .ost in1erior
to the .ost o1 district Nudge shall 3e vested in the High
&ourt, 3ut nothing in this article shall 3e construed as
taEing a4ay 1rom any such .erson any right o1 a..eal
4hich he may have under the la4 regulating the
conditions o1 his service or as authorising the High &ourt
to deal 4ith him other4ise than in accordance 4ith the
conditions o1 his service .rescri3ed under such la49
236. In this &ha.terC
:a< the e2.ression Idistrict NudgeI includes Nudge
o1 a city civil court, additional district Nudge, Noint
district Nudge, assistant district Nudge, chie1 Nudge o1
$ecruitment o1
.ersons other than
district Nudges to
the Nudicial service9
&ontrol over
su3ordinate courts9
Inter.retation9
:%art 4$.CThe States.CArts. 6AAAC6A>9<
K
a small cause court, chie1 .residency magistrate,
additional chie1 .residency magistrate, sessions
Nudge, additional sessions Nudge and assistant
sessions -udge/
:b< the e2.ression ?Nudicial service@ means a
service consisting e2clusively o1 .ersons intended to
Bll the .ost o1 district Nudge and other civil Nudicial
.osts in1erior to the .ost o1 district Nudge9
237. The %overnor may 3y .u3lic notiBcation direct
that the 1oregoing .rovisions o1 this &ha.ter and any
rules made thereunder shall 4ith eGect 1rom such date as
may 3e B2ed 3y him in that 3ehal1 a..ly in relation to
any class or classes o1 magistrates in the "tate as they
a..ly in relation to .ersons a..ointed to the Nudicial
service o1 the "tate su3Nect to such e2ce.tions and
modiBcations as may 3e s.eciBed in the notiBcation9
A..lication o1 the
.rovisions o1 this
&ha.ter to certain
class or classes o1
magistrates9
:%art 4$.CThe States.CArts. 6A>;6A=9<
7
%art 4$$.C!The States in %art 1 o! the *irst
Schedu#e.* Rep. by the Constitution :Se+enth Amendment<
Act 7F>, s. 67 and Sch.
6P
PART VIII
!THE 'NION TE$$ITO$IE"*
63239. :< "ave as other4ise .rovided 3y Parliament
3y la4, every 'nion territory shall 3e administered 3y the
President acting, to such e2tent as he thinEs Bt, through
an administrator to 3e a..ointed 3y him 4ith such
designation as he may s.eci1y9
:6< Not4ithstanding anything contained in Part #I,
the President may a..oint the %overnor o1 a "tate as the
administrator o1 an adNoining 'nion territory, and 4here
a %overnor is so a..ointed, he shall e2ercise his 1unctions
as such administrator inde.endently o1 his &ouncil o1
(inisters9
A3239A. :< Parliament may 3y la4 create 8!1or the
'nion territory o1 F!Puducherry**C
(a) a 3ody, 4hether elected or .artly nominated
and .artly elected, to 1unction as a Legislature 1or the
'nion territory, or
(b) a &ouncil o1 (inisters,
or 3oth 4ith such constitution, .o4ers and 1unctions, in
each case, as may 3e s.eciBed in the la49
:6< Any such la4 as is re1erred to in clause :< shall
not 3e deemed to 3e an amendment o1 this &onstitution
1or the .ur.oses o1 article A>K not4ithstanding that it
contains any .rovision 4hich amends or has the eGect o1
amending this &onstitution9*
>3239AA. :< As 1rom the date o1 commencement o1
the &onstitution :"i2ty;ninth Amendment< Act, 77, the
'nion territory o1 Delhi shall 3e called the National
Administration o1
'nion territories9
&reation o1 local
Legislatures or
&ouncil o1
(inisters or 3oth
1or certain 'nion
territories9
".ecial .rovisions
4ith res.ect to
Delhi9
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 =, 1or the heading
?THE "TATE" IN PA$T & OF THE FI$"T "&HED'LE?9
6"u3s9 3y s9 =, ibid9, 1or arts9 6A7 and 68P9
AIns9 3y the &onstitution :Fourteenth Amendment< Act, 7>6, s9 89
8"u3s9 3y the %oa, Daman and Diu $eorganisation Act, 7K= :K o1 7K=<, s9 >A, 1or ?1or
any o1 the 'nion territories o1 %oa, Daman and Diu and Pondicherry@:49e919 AP;F;7K=<9
F"u3s9 3y the Pondicherry :Alteration o1 Name< Act, 6PP> :88 o1 6PP><, s9 8, 1or
?Pondicherry? :49e919 ;P;6PP><9
>Ins9 3y the &onstitution :"i2ty;ninth Amendment< Act, 77, s9 6 :49e919 ;6;776<9
6
&a.ital Territory o1 Delhi :herea1ter in this Part re1erred
to as the National &a.ital Territory< and the administrator
thereo1 a..ointed under article 6A7 shall 3e designated
as the Lieutenant %overnor9
:6< :a< There shall 3e a Legislative Assem3ly 1or the
National &a.ital Territory and the seats in such Assem3ly
shall 3e Blled 3y mem3ers chosen 3y direct election 1rom
territorial constituencies in the National &a.ital Territory9
:b< The total num3er o1 seats in the Legislative
Assem3ly, the num3er o1 seats reserved 1or "cheduled
&astes, the division o1 the National &a.ital Territory into
territorial constituencies :including the 3asis 1or such
division< and all other matters relating to the 1unctioning
o1 the Legislative Assem3ly shall 3e regulated 3y la4
made 3y Parliament9
:c< The .rovisions o1 articles A68 to A6= and A67 shall
a..ly in relation to the National &a.ital Territory, the
Legislative Assem3ly o1 the National &a.ital Territory
and the mem3ers thereo1 as they a..ly, in relation to a
"tate, the Legislative Assem3ly o1 a "tate and the mem3ers
thereo1 res.ectively/ and any re1erence in articles A6> and
A67 to ?a..ro.riate Legislature@ shall 3e deemed to 3e a
re1erence to Parliament9
:A< :a< "u3Nect to the .rovisions o1 this &onstitution,
the Legislative Assem3ly shall have .o4er to maEe la4s
1or the 4hole or any .art o1 the National &a.ital Territory
4ith res.ect to any o1 the matters enumerated in the
"tate List or in the &oncurrent List in so 1ar as any such
matter is a..lica3le to 'nion territories e2ce.t matters
4ith res.ect to Entries , 6 and K o1 the "tate List and
Entries >8, >F and >> o1 that List in so 1ar as they relate
to the said Entries , 6 and K9
:b< Nothing in su3;clause :a< shall derogate 1rom the
.o4ers o1 Parliament under this &onstitution to maEe
la4s 4ith res.ect to any matter 1or a 'nion territory or
any .art thereo19
:c< I1 any .rovision o1 a la4 made 3y the Legislative
Assem3ly 4ith res.ect to any matter is re.ugnant to any
:%art 4$.CThe Union territories.CArt. 6A7AA9<
66
.rovision o1 a la4 made 3y Parliament 4ith res.ect to
that matter, 4hether .assed 3e1ore or a1ter the la4 made
3y the Legislative Assem3ly, or o1 an earlier la4, other
than a la4 made 3y the Legislative Assem3ly, then, in
either case, the la4 made 3y Parliament, or, as the case
may 3e, such earlier la4, shall .revail and the la4 made
3y the Legislative Assem3ly shall, to the e2tent o1 the
re.ugnancy, 3e void,
Provided that i1 any such la4 made 3y the Legislative
Assem3ly has 3een reserved 1or the consideration o1 the
President and has received his assent, such la4 shall
.revail in the National &a.ital Territory,
Provided 1urther that nothing in this su3;clause shall
.revent Parliament 1rom enacting at any time any la4
4ith res.ect to the same matter including a la4 adding
to, amending, varying or re.ealing the la4 so made 3y
the Legislative Assem3ly9
:8< There shall 3e a &ouncil o1 (inisters consisting
o1 not more than ten .er cent9 o1 the total num3er o1
mem3ers in the Legislative Assem3ly, 4ith the &hie1
(inister at the head to aid and advise the Lieutenant
%overnor in the e2ercise o1 his 1unctions in relation to
matters 4ith res.ect to 4hich the Legislative Assem3ly
has .o4er to maEe la4s, e2ce.t in so 1ar as he is, 3y or
under any la4, reDuired to act in his discretion,
Provided that in the case o1 diGerence o1 o.inion
3et4een the Lieutenant %overnor and his (inisters on
any matter, the Lieutenant %overnor shall re1er it to the
President 1or decision and act according to the decision
given thereon 3y the President and .ending such decision
it shall 3e com.etent 1or the Lieutenant %overnor in any
case 4here the matter, in his o.inion, is so urgent that
it is necessary 1or him to taEe immediate action, to taEe
such action or to give such direction in the matter as he
deems necessary9
:F< The &hie1 (inister shall 3e a..ointed 3y the
President and other (inisters shall 3e a..ointed 3y
the President on the advice o1 the &hie1 (inister and the
:%art 4$.CThe Union territories.CArt. 6A7AA9<
6A
(inisters shall hold oMce during the .leasure o1 the
President9
:>< The &ouncil o1 (inisters shall 3e collectively
res.onsi3le to the Legislative Assem3ly9
!:=< :a<* Parliament may, 3y la4, maEe .rovisions 1or
giving eGect to, or su..lementing the .rovisions contained
in the 1oregoing clauses and 1or all matters incidental or
conseDuential thereto9
6!:b< Any such la4 as is re1erred to in su3;clause :a<
shall not 3e deemed to 3e an amendment o1 this
&onstitution 1or the .ur.oses o1 article A>K
not4ithstanding that it contains any .rovision 4hich
amends or has the eGect o1 amending, this &onstitution9*
:K< The .rovisions o1 article 6A7) shall, so 1ar as may
3e, a..ly in relation to the National &a.ital Territory, the
Lieutenant %overnor and the Legislative Assem3ly, as
they a..ly in relation to the 'nion territory o1
A!Puducherry*, the administrator and its Legislature,
res.ectively/ and any re1erence in that article to
?clause :< o1 article 6A7A@ shall 3e deemed to 3e a
re1erence to this article or article 6A7A), as the case may
3e9
239AB. I1 the President, on recei.t o1 a re.ort 1rom
the Lieutenant %overnor or other4ise, is satisBedC
(a) that a situation has arisen in 4hich the
administration o1 the National &a.ital Territory
cannot 3e carried on in accordance 4ith the
.rovisions o1 article 6A7AA or o1 any la4 made in
.ursuance o1 that article/ or
(b) that 1or the .ro.er administration o1 the
National &a.ital Territory it is necessary or e2.edient
so to do,
the President may 3y order sus.end the o.eration o1 any
.rovision o1 article 6A7AA or o1 all or any o1 the
"u3s9 3y the &onstitution :"eventieth Amendment< Act, 776, s9 A, 1or ?:=<@ :49e919
6;6;77<9
6Ins9 3y s9 A, ibid9 :49e919 6;6;77<9
A"u3s9 3y the Pondicherry :Alteration o1 Name< Act, 6PP> :88 o1 6PP><, s9 8, 1or
Provision in case
o1 1ailure o1
constitutional
machinery9
:%art 4$.CThe Union territories.CArts. 6A7AA;6A7A19<
68
.rovisions o1 any la4 made in .ursuance o1 that article
1or such .eriod and su3Nect to such conditions as may 3e
s.eciBed in such la4 and maEe such incidental and
conseDuential .rovisions as may a..ear to him to 3e
necessary or e2.edient 1or administering the National
&a.ital Territory in accordance 4ith the .rovisions o1
article 6A7 and article 6A7AA9
3239B. :< I1 at any time, e2ce.t 4hen the Legislature
o1 6!the 'nion territory o1 A!Puducherry** is in session, the
administrator thereo1 is satisBed that circumstances e2ist
4hich render it necessary 1or him to taEe immediate
action, he may .romulgate such Ordinances as the
circumstances a..ear to him to reDuire,
Provided that no such Ordinance shall 3e
.romulgated 3y the administrator e2ce.t a1ter o3taining
instructions 1rom the President in that 3ehal1,
Provided 1urther that 4henever the said Legislature
is dissolved, or its 1unctioning remains sus.ended on
account o1 any action taEen under any such la4 as is
re1erred to in clause :< o1 article 6A7A, the administrator
shall not .romulgate any Ordinance during the .eriod
o1 such dissolution or sus.ension9
:6< An Ordinance .romulgated under this article in
.ursuance o1 instructions 1rom the President shall 3e
deemed to 3e an Act o1 the Legislature o1 the 'nion
territory 4hich has 3een duly enacted a1ter com.lying
4ith the .rovisions in that 3ehal1 contained in any such
la4 as is re1erred to in clause :< o1 article 6A7A, 3ut
every such OrdinanceC
:a< shall 3e laid 3e1ore the Legislature o1 the
'nion territory and shall cease to o.erate at the
Ins9 3y the &onstitution :T4enty;seventh Amendment< Act, 7=, s9 A :49e919
AP;6;7=<9
6"u3s9 3y the %oa, Daman and Diu $eorganisation Act, 7K= :K o1 7K=<, s9 >A, 1or ?a
'nion territory re1erred to in clause :< o1 article 6A7A@:49e919 AP;F;7K=<9
A"u3s9 3y the Pondicherry :Alteration o1 Name< Act, 6PP> :88 o1 6PP><, s9 8, 1or
Po4er o1
administrator to
.romulgate
Ordinances during
recess o1
Legislature9
:%art 4$.CThe Union territories.CArts. 6A7A1;6A719<
6F
e2.iration o1 si2 4eeEs 1rom the reassem3ly o1 the
Legislature or i1, 3e1ore the e2.iration o1 that .eriod,
a resolution disa..roving it is .assed 3y the
Legislature, u.on the .assing o1 the resolution/ and
:b< may 3e 4ithdra4n at any time 3y the
administrator a1ter o3taining instructions 1rom the
President in that 3ehal19
maEes any .rovision 4hich 4ould not 3e valid i1 enacted
in an Act o1 the Legislature o1 the 'nion territory made
a1ter com.lying 4ith the .rovisions in that 3ehal1
contained in any such la4 as is re1erred to in clause :<
o1 article 6A7A, it shall 3e void9*
H H H H
240. :< The President may maEe regulations 1or the
.eace, .rogress and good government o1 the 'nion
territory o1C
:a< the Andaman and Nico3ar Islands/
6!:b< LaEshad4ee./*
A!:c< Dadra and Nagar Haveli/*
8!:d< Daman and Diu/*
F!:e< Puducherry/*
>HHH
=HHH,
K!Provided that 4hen any 3ody is created under article
6A7A to 1unction as a Legislature 1or the 7!'nion territory
Po4er o1
President to maEe
regulations 1or
certain 'nion
territories9
&l9 :8< 4as ins9 3y the &onstitution :Thirty;eighth Amendment< Act, 7=F, s9 8
:retros.ectively< and omitted 3y the &onsititution :Forty;1ourth Amendment< Act, 7=K,
s9 A6 :49e919 6P;>;7=7<9
6"u3s9 3y the Laccadive, (inicoy and Amindivi Islands :Alteration o1 Name< Act, 7=A
:A8 o1 7=A<, s9 8, 1or entry :b< :49e919 ;;7=A<9
AIns9 3y the &onstitution :Tenth Amendment< Act, 7>, s9 A9
8"u3s9 3y the %oa, Daman and Diu $eorganisation Act, 7K= :K o1 7K=<, s9 >A, 1or
entry :d< :49e919 AP;F;7K=<9 Entry :d< 4as ins9 3y the &onstitution :T4el1th Amendment<
Act, 7>6, s9 A9
F"u3s9 3y The Pondicherry :Alteration o1 Name< Act, 6PP> :88 o1 6PP><, s9 8, 1or
?Pondicherry@ :49e919 ;P;6PP><9
>The entry :!< relating to (i+oram omitted 3y the "tate o1 (i+oram Act, 7K> :A8 o1
7K><, s9 A7 :49e919 6P;6;7K=<9
=The entry :(< relating to Arunachal Pradesh omitted 3y the "tate o1 Arunachal Pradesh
Act, 7K> :>7 o1 7K><, s9 86 :49e919 6P;6;7K=<9
KIns9 3y the &onstitution :Fourteenth Amendment< Act, 7>6, s9 F9
7"u3s9 3y the &onstitution :T4enty;seventh Amendment< Act, 7=, s9 8, 1or ?'nion
territory o1 %oa, Daman and Diu or Pondicherry@ :49e919 F;6;7=6<9
:%art 4$.CThe Union territories.CArts. 6A71-68P9<
6>
"u3s9 3y the Pondicherry :Alteration o1 Name< Act, 6PP> :88 o1 6PP><, s9 8, 1or
6Ins9 3y the &onstitution :T4enty;seventh Amendment< Act, 7=, s9 8 :49e919
F;6;7=6<9
A"u3s9 3y s9 8, ibid9, 1or ?any e2isting la4@:49e919 F;6;7=6<9
8"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9, 1or ?"tate
s.eciBed in Part & o1 the First "chedule@9
F"u3s9 3y s9 67 and "ch9, ibid9, 1or ?such "tate@9
>"u3s9 3y s9 67 and "ch9, ibid9, 1or cls9 :A< and :8<9
o1 !Puducherry*, the President shall not maEe any
regulation 1or the .eace, .rogress and good government
o1 that 'nion territory 4ith eGect 1rom the date a..ointed
1or the Brst meeting o1 the Legislature,*
6!Provided 1urther that 4henever the 3ody
1unctioning as a Legislature 1or the 'nion territory o1
!Puducherry* is dissolved, or the 1unctioning o1 that 3ody
as such Legislature remains sus.ended on account o1
any action taEen under any such la4 as is re1erred to in
clause :< o1 article 6A7A, the President may, during the
.eriod o1 such dissolution or sus.ension, maEe
regulations 1or the .eace, .rogress and good government
o1 that 'nion territory9*
:6< Any regulation so made may re.eal or amend
any Act made 3y Parliament or A!any other la4* 4hich is
1or the time 3eing a..lica3le to the 'nion territory
and, 4hen .romulgated 3y the President, shall have the
same 1orce and eGect as an Act o1 Parliament 4hich
a..lies to that territory9*
241. :< Parliament may 3y la4 constitute a High
&ourt 1or a 8!'nion territory* or declare any court in any
F!such territory* to 3e a High &ourt 1or all or any o1 the
.ur.oses o1 this &onstitution9
:6< The .rovisions o1 &ha.ter # o1 Part #I shall a..ly
in relation to every High &ourt re1erred to in clause :< as
they a..ly in relation to a High &ourt re1erred to in
article 68 su3Nect to such modiBcations or e2ce.tions as
Parliament may 3y la4 .rovide9
>!:A< "u3Nect to the .rovisions o1 this &onstitution
and to the .rovisions o1 any la4 o1 the a..ro.riate
High &ourts 1or
'nion territories9
:%art 4$.CThe Union territories.CArts. 68P;689<
6=
Legislature made 3y virtue o1 .o4ers con1erred on that
Legislature 3y or under this &onstitution, every
High &ourt e2ercising Nurisdiction immediately 3e1ore the
commencement o1 the &onstitution :"eventh Amendment<
Act, 7F>, in relation to any 'nion territory shall continue
to e2ercise such Nurisdiction in relation to that territory
a1ter such commencement9
:8< Nothing in this article derogates 1rom the .o4er
o1 Parliament to e2tend or e2clude the Nurisdiction o1 a
High &ourt 1or a "tate to, or 1rom, any 'nion territory or
.art thereo19*
242. !Coor(.* Rep. by the Constitution :Se+enth
Amendment< Act 7F>, s. 67 and Sch.
:%art 4$.CThe Union territories.CArts. 68-6869<
6K
13PART I4
THE PAN&HA0AT"
243. In this Part, unless the conte2t other4ise
reDuires,C
:a< ?district@ means a district in a "tate/
:b< ?%ram "a3ha@ means a 3ody consisting o1
.ersons registered in the electoral rolls relating to a
village com.rised 4ithin the area o1 Panchayat at
the village level/
:c< ?intermediate level@ means a level 3et4een
the village and district levels s.eciBed 3y the
%overnor o1 a "tate 3y .u3lic notiBcation to 3e the
intermediate level 1or the .ur.oses o1 this Part/
:d< ?Panchayat@ means an institution :3y
4hatever name called< o1 sel1;government
constituted under article 68A), 1or the rural areas/
:e< ?Panchayat area@ means the territorial area o1
a Panchayat/
:!< ?.o.ulation@ means the .o.ulation as
ascertained at the last .receding census o1 4hich the
relevant Bgures have 3een .u3lished/
:(< ?village@ means a village s.eciBed 3y the
%overnor 3y .u3lic notiBcation to 3e a village 1or
the .ur.oses o1 this Part and includes a grou. o1
villages so s.eciBed9
243A. A %ram "a3ha may e2ercise such .o4ers and
.er1orm such 1unctions at the village level as the
Legislature o1 a "tate may, 3y la4, .rovide9
243B. :< There shall 3e constituted in every "tate,
Panchayats at the village, intermediate and district levels
in accordance 4ith the .rovisions o1 this Part.
67
DeBnitions9
%ram "a3ha9
&onstitution o1
Panchayats9
Ins9 3y the &onstitution :"eventy;third Amendment< Act, 776, s9 6 :49e919 68;8;77A<9
Original Part IS 4as omitted 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and
"ch9
:6< Not4ithstanding anything in clause :<,
Panchayats at the intermediate level may not 3e
constituted in a "tate having a .o.ulation not e2ceeding
t4enty laEhs9
243C. :< "u3Nect to the .rovisions o1 this Part, the
Legislature o1 a "tate may, 3y la4, maEe .rovisions 4ith
res.ect to the com.osition o1 Panchayats,
Provided that the ratio 3et4een the .o.ulation o1
the territorial area o1 a Panchayat at any level and the
num3er o1 seats in such Panchayat to 3e Blled 3y election
shall, so 1ar as .ractica3le, 3e the same throughout the
"tate9
:6< All the seats in a Panchayat shall 3e Blled 3y
.ersons chosen 3y direct election 1rom territorial
constituencies in the Panchayat area and, 1or this .ur.ose,
each Panchayat area shall 3e divided into territorial
constituencies in such manner that the ratio 3et4een the
.o.ulation o1 each constituency and the num3er o1 seats
allotted to it shall, so 1ar as .ractica3le, 3e the same
throughout the Panchayat area9
:A< The Legislature o1 a "tate may, 3y la4, .rovide 1or
the re.resentationC
:a< o1 the &hair.ersons o1 the Panchayats at the
village level, in the Panchayats at the intermediate
level or, in the case o1 a "tate not having Panchayats
at the intermediate level, in the Panchayats at the
district level/
:b< o1 the &hair.ersons o1 the Panchayats at the
intermediate level, in the Panchayats at the district
level/
:c< o1 the mem3ers o1 the House o1 the Peo.le and
the mem3ers o1 the Legislative Assem3ly o1 the "tate
re.resenting constituencies 4hich com.rise 4holly
or .artly a Panchayat area at a level other than the
village level, in such Panchayat/
:d< o1 the mem3ers o1 the &ouncil o1 "tates and
the mem3ers o1 the Legislative &ouncil o1 the
&om.osition o1
Panchayats9
:%art $9.CThe %anchayats.CArts. 68A1-68AC9<
AP
"tate, 4here they are registered as electors 4ithinC
:i< a Panchayat area at the intermediate level,
in Panchayat at the intermediate level/
:ii< a Panchayat area at the district level, in
Panchayat at the district level9
:8< The &hair.erson o1 a Panchayat and other
mem3ers o1 a Panchayat 4hether or not chosen 3y direct
election 1rom territorial constituencies in the Panchayat
area shall have the right to vote in the meetings o1 the
Panchayats9
:F< The &hair.erson o15
:a< a .anchayat at the village level shall 3e elected
in such manner as the Legislature o1 a "tate may, 3y
la4, .rovide/ and
:b< a Panchayat at the intermediate level or district
level shall 3e elected 3y, and 1rom amongst, the
elected mem3ers thereo19
243D. :< "eats shall 3e reserved 1orC
:a< the "cheduled &astes/ and
:b< the "cheduled Tri3es,
in every Panchayat and the num3er o1 seats so reserved
shall 3ear, as nearly as may 3e, the same .ro.ortion to
the total num3er o1 seats to 3e Blled 3y direct election in
that Panchayat as the .o.ulation o1 the "cheduled &astes
in that Panchayat area or o1 the "cheduled Tri3es in that
Panchayat area 3ears to the total .o.ulation o1 that area
and such seats may 3e allotted 3y rotation to diGerent
constituencies in a Panchayat9
:6< Not less than one;third o1 the total num3er o1
seats reserved under clause :< shall 3e reserved 1or
4omen 3elonging to the "cheduled &astes or, as the case
may 3e, the "cheduled Tri3es9
:A< Not less than one;third :including the num3er o1
seats reserved 1or 4omen 3elonging to the "cheduled
&astes and the "cheduled Tri3es< o1 the total num3er o1
$eservation o1
seats9
:%art $9.CThe %anchayats.CArts. 68AC-68A59<
A
seats to 3e Blled 3y direct election in every Panchayat
shall 3e reserved 1or 4omen and such seats may 3e
allotted 3y rotation to diGerent constituencies in a
Panchayat9
:8< The oMces o1 the &hair.ersons in the Panchayats
at the village or any other level shall 3e reserved 1or the
"cheduled &astes, the "cheduled Tri3es and 4omen in
such manner as the Legislature o1 a "tate may, 3y la4,
.rovide,
Provided that the num3er o1 oMces o1 &hair.ersons
reserved 1or the "cheduled &astes and the "cheduled
Tri3es in the Panchayats at each level in any "tate shall
3ear, as nearly as may 3e, the same .ro.ortion to the
total num3er o1 such oMces in the Panchayats at each
level as the .o.ulation o1 the "cheduled &astes in the
"tate or o1 the "cheduled Tri3es in the "tate 3ears to the
total .o.ulation o1 the "tate,
Provided 1urther that not less than one;third o1 the
total num3er o1 oMces o1 &hair.ersons in the Panchayats
at each level shall 3e reserved 1or 4omen,
Provided also that the num3er o1 oMces reserved
under this clause shall 3e allotted 3y rotation to diGerent
Panchayats at each level9
:F< The reservation o1 seats under clauses :< and :6<
and the reservation o1 oMces o1 &hair.ersons :other than
the reservation 1or 4omen< under clause :8< shall cease
to have eGect on the e2.iration o1 the .eriod s.eciBed in
article AA89
:>< Nothing in this Part shall .revent the Legislature
o1 a "tate 1rom maEing any .rovision 1or reservation o1
seats in any Panchayat or oMces o1 &hair.ersons in the
Panchayats at any level in 1avour o1 3acE4ard class o1
citi+ens9
243E. :< Every Panchayat, unless sooner dissolved
under any la4 1or the time 3eing in 1orce, shall continue
1or Bve years 1rom the date a..ointed 1or its Brst meeting
and no longer9
Duration o1
Panchayats, etc9
:%art $9.CThe %anchayats.CArts. 68A5-68A"9<
A6
:6< No amendment o1 any la4 1or the time 3eing in
1orce shall have the eGect o1 causing dissolution o1 a
Panchayat at any level, 4hich is 1unctioning immediately
3e1ore such amendment, till the e2.iration o1 its duration
s.eciBed in clause :<9
:A< An election to constitute a Panchayat shall 3e
com.letedC
:a< 3e1ore the e2.iry o1 its duration s.eciBed in
clause :</
:b< 3e1ore the e2.iration o1 a .eriod o1 si2 months
1rom the date o1 its dissolution,
Provided that 4here the remainder o1 the .eriod 1or
4hich the dissolved Panchayat 4ould have continued is
less than si2 months, it shall not 3e necessary to hold any
election under this clause 1or constituting the Panchayat
1or such .eriod9
:8< A Panchayat constituted u.on the dissolution o1
a Panchayat 3e1ore the e2.iration o1 its duration shall
continue only 1or the remainder o1 the .eriod 1or 4hich
the dissolved Panchayat 4ould have continued under
clause :< had it not 3een so dissolved9
243F. :< A .erson shall 3e disDualiBed 1or 3eing
chosen as, and 1or 3eing, a mem3er o1 a PanchayatC
:a< i1 he is so disDualiBed 3y or under any la4 1or
the time 3eing in 1orce 1or the .ur.oses o1 elections
to the Legislature o1 the "tate concerned,
Provided that no .erson shall 3e disDualiBed on
the ground that he is less than t4enty;Bve years o1
age, i1 he has attained the age o1 t4enty;one years/
:b< i1 he is so disDualiBed 3y or under any la4
made 3y the Legislature o1 the "tate9
:6< I1 any Duestion arises as to 4hether a mem3er o1
a Panchayat has 3ecome su3Nect to any o1 the
disDualiBcations mentioned in clause :<, the Duestion
shall 3e re1erred 1or the decision o1 such authority and in
.rovide9
2436. "u3Nect to the .rovisions o1 this &onstitution,
the Legislature o1 a "tate may, 3y la4, endo4 the
DisDualiBcations
1or mem3ershi.9
Po4ers, authority
and res.onsi3ilities
o1 Panchayats9
:%art $9.CThe %anchayats.CArts. 68A":68A'9<
AA
Panchayats 4ith such .o4ers and authority as may 3e
necessary to ena3le them to 1unction as institutions o1
sel1;government and such la4 may contain .rovisions
1or the devolution o1 .o4ers and res.onsi3ilities u.on
Panchayats at the a..ro.riate level, su3Nect to such
conditions as may 3e s.eciBed therein, 4ith res.ect toC
:a< the .re.aration o1 .lans 1or economic
develo.ment and social Nustice/
:b) the im.lementation o1 schemes 1or economic
develo.ment and social Nustice as may 3e entrusted
to them including those in relation to the matters
listed in the Eleventh "chedule9
243H. The Legislature o1 a "tate may, 3y la4,C
:a< authorise a Panchayat to levy, collect and
a..ro.riate such ta2es, duties, tolls and 1ees in
accordance 4ith such .rocedure and su3Nect to such
limits/
:b< assign to a Panchayat such ta2es, duties, tolls
and 1ees levied and collected 3y the "tate %overnment
1or such .ur.oses and su3Nect to such conditions
and limits/
:c< .rovide 1or maEing such grants;in;aid to the
Panchayats 1rom the &onsolidated Fund o1 the "tate/
and
:d< .rovide 1or constitution o1 such Funds 1or
crediting all moneys received, res.ectively, 3y or on
3ehal1 o1 the Panchayats and also 1or the 4ithdra4al
o1 such moneys there1rom,
as may 3e s.eciBed in the la49
2437I. :< The %overnor o1 a "tate shall, as soon as
may 3e 4ithin one year 1rom the commencement o1 the
&onstitution :"eventy;third Amendment< Act, 776,
and therea1ter at the e2.iration o1 every B1th year,
constitute a Finance &ommission to revie4 the Bnancial
.osition o1 the Panchayats and to maEe recommendations
Po4ers to im.ose
ta2es 3y, and Funds
o1, the Panchayats9
&onstitution o1
Finance
&ommission to
revie4 Bnancial
.osition9
:%art $9.CThe %anchayats.CArts. 68A':68A-$9<
A8
to the %overnor as toC
:a< the .rinci.les 4hich should governC
:i< the distri3ution 3et4een the "tate and the
Panchayats o1 the net .roceeds o1 the ta2es, duties,
tolls and 1ees levia3le 3y the "tate, 4hich may 3e
divided 3et4een them under this Part and the
allocation 3et4een the Panchayats at all levels o1
their res.ective shares o1 such .roceeds/
(ii) the determination o1 the ta2es, duties, tolls
and 1ees 4hich may 3e assigned to, or
a..ro.riated 3y, the Panchayats/
(iii) the grants;in;aid to the Panchayats 1rom
the &onsolidated Fund o1 the "tate/
(b) the measures needed to im.rove the Bnancial
.osition o1 the Panchayats/
:c< any other matter re1erred to the Finance
&ommission 3y the %overnor in the interests o1
sound Bnance o1 the Panchayats9
:6< The Legislature o1 a "tate may, 3y la4, .rovide
1or the com.osition o1 the &ommission, the DualiBcations
4hich shall 3e reDuisite 1or a..ointment as mem3ers
thereo1 and the manner in 4hich they shall 3e selected9
:A< The &ommission shall determine their .rocedure
and shall have such .o4ers in the .er1ormance o1 their
1unctions as the Legislature o1 the "tate may, 3y la4,
con1er on them9
:8< The %overnor shall cause every recommendation
made 3y the &ommission under this article together 4ith
an e2.lanatory memorandum as to the action taEen
thereon to 3e laid 3e1ore the Legislature o1 the "tate9
2438. The Legislature o1 a "tate may, 3y la4, maEe
.rovisions 4ith res.ect to the maintenance o1 accounts
3y the Panchayats and the auditing o1 such accounts9
2439. :< The su.erintendence, direction and control
o1 the .re.aration o1 electoral rolls 1or, and the conduct
o1, all elections to the Panchayats shall 3e vested in
Audit o1 accounts
o1 Panchayats9
Elections to the
Panchayats9
:%art $9.CThe %anchayats.CArts. 68A-$:68A09<
AF
a "tate Election &ommission consisting o1 a "tate Election
&ommissioner to 3e a..ointed 3y the %overnor9
:6< "u3Nect to the .rovisions o1 any la4 made 3y the
Legislature o1 a "tate, the conditions o1 service and tenure
o1 oMce o1 the "tate Election &ommissioner shall 3e such
as the %overnor may 3y rule determine,
Provided that the "tate Election &ommissioner shall
not 3e removed 1rom his oMce e2ce.t in liEe manner
and on the liEe grounds as a -udge o1 a High &ourt and
the conditions o1 service o1 the "tate Election
&ommissioner shall not 3e varied to his disadvantage
a1ter his a..ointment9
:A< The %overnor o1 a "tate shall, 4hen so reDuested
3y the "tate Election &ommission, maEe availa3le to the
"tate Election &ommission such staG as may 3e necessary
1or the discharge o1 the 1unctions con1erred on the "tate
Election &ommission 3y clause :<9
:8< "u3Nect to the .rovisions o1 this &onstitution, the
Legislature o1 a "tate may, 3y la4, maEe .rovision 4ith
res.ect to all matters relating to, or in connection 4ith,
elections to the Panchayats9
243:. The .rovisions o1 this Part shall a..ly to the
'nion territories and shall, in their a..lication to a 'nion
territory, have eGect as i1 the re1erences to the %overnor
o1 a "tate 4ere re1erences to the Administrator o1 the
'nion territory a..ointed under article 6A7 and re1erences
to the Legislature or the Legislative Assem3ly o1 a "tate
4ere re1erences, in relation to a 'nion territory having a
Legislative Assem3ly, to that Legislative Assem3ly,
Provided that the President may, 3y .u3lic
notiBcation, direct that the .rovisions o1 this Part shall
a..ly to any 'nion territory or .art thereo1 su3Nect to
such e2ce.tions and modiBcations as he may s.eci1y in
the notiBcation9
243;. :< Nothing in this Part shall a..ly to the
"cheduled Areas re1erred to in clause :<, and the tri3al
areas re1erred to in clause :6<, o1 article 6889
A..lication to
'nion territories9
Part not to a..ly
to certain areas9
:%art $9.CThe %anchayats.CArts. 68A0:68A/9<
A>
:6< Nothing in this Part shall a..ly toC
:a< the "tates o1 Nagaland, (eghalaya and
(i+oram/
:b< the hill areas in the "tate o1 (ani.ur 1or 4hich
District &ouncils e2ist under any la4 1or the time
3eing in 1orce9
:A< Nothing in this PartC
(a) relating to Panchayats at the district level shall
a..ly to the hill areas o1 the District o1 DarNeeling in
the "tate o1 West )engal 1or 4hich DarNeeling %orEha
Hill &ouncil e2ists under any la4 1or the time 3eing
in 1orce/
(b) shall 3e construed to aGect the 1unctions and
.o4ers o1 the DarNeeling %orEha Hill &ouncil
constituted under such la49
!:AA< Nothing in article 68AD, relating to reservation
o1 seats 1or the "cheduled &astes, shall a..ly to the "tate
o1 Arunachal Pradesh9*
:8< Not4ithstanding anything in this &onstitution,C
(a) the Legislature o1 a "tate re1erred to in su3clause
:a< o1 clause :6< may, 3y la4, e2tend this .art
to that "tate, e2ce.t the areas, i1 any, re1erred to in
clause :<, i1 the Legislative Assem3ly o1 that "tate
.asses a resolution to that eGect 3y a maNority o1 the
total mem3ershi. o1 that House and 3y a maNority o1
not less than t4o;thirds o1 the mem3ers o1 that House
.resent and voting/
(b) Parliament may, 3y la4, e2tend the .rovisions
o1 this Part to the "cheduled Areas and the tri3al
areas re1erred to in clause :< su3Nect to such
e2ce.tions and modiBcations as may 3e s.eciBed in
such la4, and no such la4 shall 3e deemed to 3e an
amendment o1 this &onstitution 1or the .ur.oses o1
article A>K9
243N. Not4ithstanding anything in this Part, any
.rovision o1 any la4 relating to Panchayats in 1orce in a
&ontinuance o1
e2isting la4s and
Panchayats9
Ins9 3y the &onstitution :Eighty;third Amendment< Act, 6PPP, s9 69
:%art $9.CThe %anchayats.CArts. 68A/-68A89<
A=
"tate immediately 3e1ore the commencement o1 the
&onstitution :"eventy;third Amendment< Act, 776, 4hich
is inconsistent 4ith the .rovisions o1 this Part, shall
continue to 3e in 1orce until amended or re.ealed 3y a
com.etent Legislature or other com.etent authority or
until the e2.iration o1 one year 1rom such commencement,
4hichever is earlier,
Provided that all the Panchayats e2isting immediately
3e1ore such commencement shall continue till the
e2.iration o1 their duration, unless sooner dissolved 3y
a resolution .assed to that eGect 3y the Legislative
Assem3ly o1 that "tate or, in the case o1 a "tate having a
Legislative &ouncil, 3y each House o1 the Legislature o1
that "tate9
2437O. Not4ithstanding anything in this
&onstitution,C
:a< the validity o1 any la4 relating to the
delimitation o1 constituencies or the allotment o1 seats
to such constituencies, made or .ur.orting to 3e
made under article 68AR, shall not 3e called in
Duestion in any court/
(b) no election to any Panchayat shall 3e called in
Duestion e2ce.t 3y an election .etition .resented to
such authority and in such manner as is .rovided
1or 3y or under any la4 made 3y the Legislature o1
a "tate9*
)ar to inter1erence
3y courts in
electoral matters9
:%art $9.CThe %anchayats.CArts. 68A8-68A-79<
AK
!PART I4A
THE ('NI&IPALITIE"
243P. In this Part, unless the conte2t other4ise
reDuires,C
:a< ?&ommittee@ means a &ommittee constituted
under article 68A"/
:b< ?district@ means a district in a "tate/
:c< ?(etro.olitan area@ means an area having a
.o.ulation o1 ten laEhs or more, com.rised in one
or more districts and consisting o1 t4o or more
(unici.alities or Panchayats or other contiguous
areas, s.eciBed 3y the %overnor 3y .u3lic
notiBcation to 3e a (etro.olitan area 1or the .ur.oses
o1 this Part/
:d< ?(unici.al area@ means the territorial area o1
a (unici.ality as is notiBed 3y the %overnor/
:e< ?(unici.ality@ means an institution o1 sel1government
constituted under article 68A5/
:!< ?Panchayat@ means a Panchayat constituted
under article 68A)/
:(< ?.o.ulation@ means the .o.ulation as
relevant Bgures have 3een .u3lished9
243<. :< There shall 3e constituted in every "tate,C
:a< a Nagar Panchayat :3y 4hatever name called<
1or a transitional area, that is to say, an area in
transition 1rom a rural area to an ur3an area/
:b< a (unici.al &ouncil 1or a smaller ur3an area/
and
:c< a (unici.al &or.oration 1or a larger ur3an
area,
A7
&onstitution o1
(unici.alities9
Ins9 3y the &onstitution :"eventy;1ourth Amendment< Act, 776, s9 6 :49e91 ;>;77A<9
DeBnitions9
in accordance 4ith the .rovisions o1 this Part,
Provided that a (unici.ality under this clause may
not 3e constituted in such ur3an area or .art thereo1 as
the %overnor may, having regard to the si+e o1 the area
and the munici.al services 3eing .rovided or .ro.osed
to 3e .rovided 3y an industrial esta3lishment in that area
and such other 1actors as he may deem Bt, 3y .u3lic
notiBcation, s.eci1y to 3e an industrial to4nshi.9
:6< In this article, ?a transitional area@, ?a smaller
ur3an area@ or ?a larger ur3an area@ means such area as
the %overnor may, having regard to the .o.ulation o1 the
area, the density o1 the .o.ulation therein, the revenue
generated 1or local administration, the .ercentage o1
em.loyment in non;agricultural activities, the economic
im.ortance or such other 1actors as he may deem Bt,
s.eci1y 3y .u3lic notiBcation 1or the .ur.oses o1 this
Part9
243R. :< "ave as .rovided in clause :6<, all the seats
in a (unici.ality shall 3e Blled 3y .ersons chosen 3y
direct election 1rom the territorial constituencies in the
(unici.al area and 1or this .ur.ose each (unici.al area
shall 3e divided into territorial constituencies to 3e Eno4n
as 4ards9
:6< The Legislature o1 a "tate may, 3y la4, .rovideC
:a< 1or the re.resentation in a (unici.ality o1C
:i< .ersons having s.ecial Eno4ledge or
e2.erience in (unici.al administration/
:ii< the mem3ers o1 the House o1 the Peo.le
and the mem3ers o1 the Legislative Assem3ly o1
the "tate re.resenting constituencies 4hich
com.rise 4holly or .artly the (unici.al area/
:iii< the mem3ers o1 the &ouncil o1 "tates and
the mem3ers o1 the Legislative &ouncil o1 the
"tate registered as electors 4ithin the (unici.al
area/
:i+< the &hair.ersons o1 the &ommittees
constituted under clause :F< o1 article 68A",
&om.osition o1
(unici.alities9
:%art $9A.CThe /unicipa#ities.:Arts. 68A;-68AR.<
8P
Provided that the .ersons re1erred to in .aragra.h
:i< shall not have the right to vote in the meetings o1
the (unici.ality/
:b< the manner o1 election o1 the &hair.erson o1
a (unici.ality9
243S. :< There shall 3e constituted Wards
&ommittees, consisting o1 one or more 4ards, 4ithin
the territorial area o1 a (unici.ality having a .o.ulation
o1 three laEhs or more9
:6< The Legislature o1 a "tate may, 3y la4, maEe
.rovision 4ith res.ect toC
:a< the com.osition and the territorial area o1 a
Wards &ommittee/
:b< the manner in 4hich the seats in a Wards
&ommittee shall 3e Blled9
:A< A mem3er o1 a (unici.ality re.resenting a 4ard
4ithin the territorial area o1 the Wards &ommittee shall
3e a mem3er o1 that &ommittee9
:8< Where a Wards &ommittee consists o1C
:a< one 4ard, the mem3er re.resenting that 4ard
in the (unici.ality/ or
:b< t4o or more 4ards, one o1 the mem3ers
re.resenting such 4ards in the (unici.ality elected
3y the mem3ers o1 the Wards &ommittee,
shall 3e the &hair.erson o1 that &ommittee9
:F< Nothing in this article shall 3e deemed to .revent
the Legislature o1 a "tate 1rom maEing any .rovision 1or
the constitution o1 &ommittees in addition to the Wards
&ommittees9
243T. :< "eats shall 3e reserved 1or the "cheduled
&astes and the "cheduled Tri3es in every (unici.ality
and the num3er o1 seats so reserved shall 3ear, as nearly
as may 3e, the same .ro.ortion to the total num3er o1
seats to 3e Blled 3y direct election in that (unici.ality
as the .o.ulation o1 the "cheduled &astes in the
(unici.al area or o1 the "cheduled Tri3es in the
(unici.al area 3ears to the total .o.ulation o1 that area
and such seats may 3e allotted 3y rotation to diGerent
constituencies in a (unici.ality9
&onstitution and
com.osition o1
Wards &ommittees,
etc9
$eservation o1
seats9
:%art $9A.CThe /unicipa#ities.:Arts. 68ARC68AT.<
8
:6< Not less than one;third o1 the total num3er o1
seats reserved under clause :< shall 3e reserved 1or
4omen 3elonging to the "cheduled &astes or, as the case
may 3e, the "cheduled Tri3es9
:A< Not less than one;third :including the num3er o1
seats reserved 1or 4omen 3elonging to the "cheduled
&astes and the "cheduled Tri3es< o1 the total num3er o1
seats to 3e Blled 3y direct election in every (unici.ality
shall 3e reserved 1or 4omen and such seats may 3e
allotted 3y rotation to diGerent constituencies in a
(unici.ality9
:8< The oMces o1 &hair.ersons in the (unici.alities
shall 3e reserved 1or the "cheduled &astes, the "cheduled
Tri3es and 4omen in such manner as the Legislature o1
a "tate may, 3y la4, .rovide9
:F< The reservation o1 seats under clauses :< and :6<
and the reservation o1 oMces o1 &hair.ersons :other than
the reservation 1or 4omen< under clause :8< shall cease
to have eGect on the e2.iration o1 the .eriod s.eciBed in
article AA89
:>< Nothing in this Part shall .revent the Legislature
o1 a "tate 1rom maEing any .rovision 1or reservation o1
seats in any (unici.ality or oMces o1 &hair.ersons in
the (unici.alities in 1avour o1 3acE4ard class o1 citi+ens9
243U. :< Every (unici.ality, unless sooner dissolved
under any la4 1or the time 3eing in 1orce, shall continue
1or Bve years 1rom the date a..ointed 1or its Brst meeting
and no longer,
Provided that a (unici.ality shall 3e given a
reasona3le o..ortunity o1 3eing heard 3e1ore its
dissolution9
:6< No amendment o1 any la4 1or the time 3eing in
1orce shall have the eGect o1 causing dissolution o1 a
(unici.ality at any level, 4hich is 1unctioning
immediately 3e1ore such amendment, till the e2.iration
o1 its duration s.eciBed in clause :<9
Duration o1
(unici.alities,
etc9
:%art $9A.CThe /unicipa#ities.:Arts. 68AT-68AU9<
86
:A< An election to constitute a (unici.ality shall 3e
com.leted,C
:a< 3e1ore the e2.iry o1 its duration s.eciBed in
clause :</
:b< 3e1ore the e2.iration o1 a .eriod o1 si2 months
1rom the date o1 its dissolution,
Provided that 4here the remainder o1 the .eriod 1or
4hich the dissolved (unici.ality 4ould have continued
is less than si2 months, it shall not 3e necessary to hold
any election under this clause 1or constituting the
(unici.ality 1or such .eriod9
:8< A (unici.ality constituted u.on the dissolution
o1 a (unici.ality 3e1ore the e2.iration o1 its duration
shall continue only 1or the remainder o1 the .eriod 1or
4hich the dissolved (unici.ality 4ould have continued
under clause :< had it not 3een so dissolved9
243V. :< A .erson shall 3e disDualiBed 1or 3eing
chosen as, and 1or 3eing, a mem3er o1 a (unici.alityC
:a< i1 he is so disDualiBed 3y or under any la4 1or
the time 3eing in 1orce 1or the .ur.oses o1 elections
to the Legislature o1 the "tate concerned,
Provided that no .erson shall 3e disDualiBed on
the ground that he is less than t4enty;Bve years o1
age, i1 he has attained the age o1 t4enty;one years/
:b< i1 he is so disDualiBed 3y or under any la4
made 3y the Legislature o1 the "tate9
:6< I1 any Duestion arises as to 4hether a mem3er o1
a (unici.ality has 3ecome su3Nect to any o1 the
disDualiBcations mentioned in clause :<, the Duestion
shall 3e re1erred 1or the decision o1 such authority and in
.rovide9
243=. "u3Nect to the .rovisions o1 this &onstitution,
the Legislature o1 a "tate may, 3y la4, endo4C
:a< the (unici.alities 4ith such .o4ers and
authority as may 3e necessary to ena3le them to
1unction as institutions o1 sel1;government and such
la4 may contain .rovisions 1or the devolution o1
.o4ers and res.onsi3ilities u.on (unici.alities,
su3Nect to such conditions as may 3e s.eciBed therein,
DisDualiBcations
1or mem3ershi.9
Po4ers, authority
and res.onsi3ilities
o1 (unici.alities,
etc9
:%art $9A.CThe /unicipa#ities.:Arts. 68AU:68A<.<
8A
4ith res.ect toC
:i< the .re.aration o1 .lans 1or economic
develo.ment and social Nustice/
:ii< the .er1ormance o1 1unctions and the
im.lementation o1 schemes as may 3e entrusted to
them including those in relation to the matters
listed in the T4el1th "chedule/
:b< the &ommittees 4ith such .o4ers and
authority as may 3e necessary to ena3le them to carry
out the res.onsi3ilities con1erred u.on them
including those in relation to the matters listed in the
T4el1th "chedule9
2434. The Legislature o1 a "tate may, 3y la4,C
:a< authorise a (unici.ality to levy, collect and
a..ro.riate such ta2es, duties, tolls and 1ees in
accordance 4ith such .rocedure and su3Nect to such
limits/
:b< assign to a (unici.ality such ta2es, duties,
tolls and 1ees levied and collected 3y the "tate
%overnment 1or such .ur.oses and su3Nect to such
conditions and limits/
:c< .rovide 1or maEing such grants;in;aid to the
(unici.alities 1rom the &onsolidated Fund o1 the
"tate/ and
:d< .rovide 1or constitution o1 such Funds 1or
crediting all moneys received, res.ectively, 3y or on
3ehal1 o1 the (unici.alities and also 1or the
4ithdra4al o1 such moneys there1rom,
as may 3e s.eciBed in the la49
243>. :< The Finance &ommission constituted under
article 68A;I shall also revie4 the Bnancial .osition o1 the
(unici.alities and maEe recommendations to the
%overnor as toC
:a< the .rinci.les 4hich should governC
:i< the distri3ution 3et4een the "tate and the
(unici.alities o1 the net .roceeds o1 the ta2es,
Po4er to im.ose
ta2es 3y, and Funds
o1, the
(unici.alities9
Finance
&ommission9
:%art $9A.CThe /unicipa#ities.:Arts. 68A<:68A=.<
88
duties, tolls and 1ees levia3le 3y the "tate, 4hich
may 3e divided 3et4een them under this Part
and the allocation 3et4een the (unici.alities at
all levels o1 their res.ective shares o1 such
.roceeds/
:ii< the determination o1 the ta2es, duties, tolls
and 1ees 4hich may 3e assigned to, or
a..ro.riated 3y, the (unici.alities/
:iii< the grants;in;aid to the (unici.alities
1rom the &onsolidated Fund o1 the "tate/
:b< the measures needed to im.rove the Bnancial
.osition o1 the (unici.alities/
:c< any other matter re1erred to the Finance
&ommission 3y the %overnor in the interests o1
sound Bnance o1 the (unici.alities9
:6< The %overnor shall cause every recommendation
made 3y the &ommission under this article together 4ith
an e2.lanatory memorandum as to the action taEen
thereon to 3e laid 3e1ore the Legislature o1 the "tate9
243?. The Legislature o1 a "tate may, 3y la4, maEe
.rovisions 4ith res.ect to the maintenance o1 accounts
3y the (unici.alities and the auditing o1 such accounts9
243?A. :< The su.erintendence, direction and control
o1 the .re.aration o1 electoral rolls 1or, and the conduct
o1, all elections to the (unici.alities shall 3e vested in
the "tate Election &ommission re1erred to in article 68AR9
:6< "u3Nect to the .rovisions o1 this &onstitution, the
Legislature o1 a "tate may, 3y la4, maEe .rovision 4ith
res.ect to all matters relating to, or in connection 4ith,
elections to the (unici.alities9
243?B. The .rovisions o1 this Part shall a..ly to the
'nion territories and shall, in their a..lication to a 'nion
territory, have eGect as i1 the re1erences to the %overnor
o1 a "tate 4ere re1erences to the Administrator o1 the
'nion territory a..ointed under article 6A7 and re1erences
to the Legislature or the Legislative Assem3ly o1 a "tate
4ere re1erences in relation to a 'nion territory having a
Audit o1 accounts
o1 (unici.alities9
Elections to the
(unici.alities9
A..lication to
'nion territories9
:%art $9A.CThe /unicipa#ities.:Arts. 68A=:68A>1.<
8F
Legislative Assem3ly, to that Legislative Assem3ly,
Provided that the President may, 3y .u3lic
notiBcation, direct that the .rovisions o1 this Part shall
a..ly to any 'nion territory or .art thereo1 su3Nect to
such e2ce.tions and modiBcations as he may s.eci1y in
the notiBcation9
243?C. :< Nothing in this Part shall a..ly to the
"cheduled Areas re1erred to in clause :<, and the tri3al
areas re1erred to in clause :6<, o1 article 6889
:6< Nothing in this Part shall 3e construed to aGect
the 1unctions and .o4ers o1 the DarNeeling %orEha Hill
&ouncil constituted under any la4 1or the time 3eing in
1orce 1or the hill areas o1 the district o1 DarNeeling in the
"tate o1 West )engal9
:A< Not4ithstanding anything in this &onstitution,
Parliament may, 3y la4, e2tend the .rovisions o1 this
Part to the "cheduled Areas and the tri3al areas re1erred
to in clause :< su3Nect to such e2ce.tions and
modiBcations as may 3e s.eciBed in such la4, and no
such la4 shall 3e deemed to 3e an amendment o1 this
&onstitution 1or the .ur.oses o1 article A>K9
243?D. :< There shall 3e constituted in every "tate
at the district level a District Planning &ommittee to
consolidate the .lans .re.ared 3y the Panchayats and
the (unici.alities in the district and to .re.are a dra1t
develo.ment .lan 1or the district as a 4hole9
:a< the com.osition o1 the District Planning
&ommittees/
:b< the manner in 4hich the seats in such
&ommittees shall 3e Blled,
Provided that not less than 1our;B1ths o1 the total
num3er o1 mem3ers o1 such &ommittee shall 3e
elected 3y, and 1rom amongst, the elected mem3ers
o1 the Panchayat at the district level and o1 the
(unici.alities in the district in .ro.ortion to the ratio
Part not to a..ly
to certain areas9
&ommittee 1or
district .lanning9
:%art $9A.CThe /unicipa#ities.:Arts. 68A>1:68A>5.<
8>
3et4een the .o.ulation o1 the rural areas and o1 the
ur3an areas in the district/
:c< the 1unctions relating to district .lanning 4hich
may 3e assigned to such &ommittees/
:d) the manner in 4hich the &hair.ersons o1 such
&ommittees shall 3e chosen9
:A< Every District Planning &ommittee shall, in
.re.aring the dra1t develo.ment .lan,C
(a) have regard toC
(i) matters o1 common interest 3et4een the
Panchayats and the (unici.alities including
s.atial .lanning, sharing o1 4ater and other
.hysical and natural resources, the integrated
develo.ment o1 in1rastructure and environmental
conservation/
(ii) the e2tent and ty.e o1 availa3le resources
4hether Bnancial or other4ise/
(b) consult such institutions and organisations as
the %overnor may, 3y order, s.eci1y9
:8< The &hair.erson o1 every District Planning
&ommittee shall 1or4ard the develo.ment .lan, as
recommended 3y such &ommittee, to the %overnment
o1 the "tate9
243?E. :< There shall 3e constituted in every
(etro.olitan area a (etro.olitan Planning &ommittee to
.re.are a dra1t develo.ment .lan 1or the (etro.olitan
area as a 4hole9
:a< the com.osition o1 the (etro.olitan Planning
&ommittees/
:b< the manner in 4hich the seats in such
&ommittees shall 3e Blled,
Provided that not less than t4o;thirds o1 the
mem3ers o1 such &ommittee shall 3e elected 3y,
and 1rom amongst, the elected mem3ers o1 the
(unici.alities and &hair.ersons o1 the Panchayats in
the (etro.olitan area in .ro.ortion to the ratio
&ommittee 1or
(etro.olitan
.lanning9
:%art $9A.CThe /unicipa#ities.:Arts. 68A>5-68A>".<
8=
3et4een the .o.ulation o1 the (unici.alities and o1 the
Panchayats in that area/
:c< the re.resentation in such &ommittees o1 the
%overnment o1 India and the %overnment o1 the "tate
and o1 such organisations and Institutions as may 3e
deemed necessary 1or carrying out the 1unctions
assigned to such &ommittees/
:d< the 1unctions relating to .lanning and
coordination 1or the (etro.olitan area 4hich may
3e assigned to such &ommittees/
:e< the manner in 4hich the &hair.ersons o1 such
&ommittees shall 3e chosen9
:A< Every (etro.olitan Planning &ommittee shall, in
.re.aring the dra1t develo.ment .lan,C
:a< have regard toC
:i< the .lans .re.ared 3y the (unici.alities
and the Panchayats in the (etro.olitan area/
:ii< matters o1 common interest 3et4een the
(unici.alities and the Panchayats, including
co;ordinated s.atial .lanning o1 the area, sharing
o1 4ater and other .hysical and natural resources,
the integrated develo.ment o1 in1rastructure and
environmental conservation/
:iii< the overall o3Nectives and .riorities set 3y
the %overnment o1 India and the %overnment o1
the "tate/
:i+< the e2tent and nature o1 investments liEely
to 3e made in the (etro.olitan area 3y agencies
o1 the %overnment o1 India and o1 the %overnment
o1 the "tate and other availa3le resources 4hether
Bnancial or other4ise/
:b< consult such institutions and organisations as
the %overnor may, 3y order, s.eci1y9
:8< The &hair.erson o1 every (etro.olitan Planning
&ommittee shall 1or4ard the develo.ment .lan, as
recommended 3y such &ommittee, to the %overnment o1
the "tate9
:%art $9A.CThe /unicipa#ities.:Art. 68A>".<
8K
243?F. Not4ithstanding anything in this Part, any
.rovision o1 any la4 relating to (unici.alities in 1orce
in a "tate immediately 3e1ore the commencement o1 the
&onstitution :"eventy;1ourth Amendment< Act, 776,
4hich is inconsistent 4ith the .rovisions o1 this Part,
shall continue to 3e in 1orce until amended or re.ealed
3y a com.etent Legislature or other com.etent authority
or until the e2.iration o1 one year 1rom such
commencement, 4hichever is earlier,
Provided that all the (unici.alities e2isting
immediately 3e1ore such commencement shall continue
till the e2.iration o1 their duration, unless sooner
dissolved 3y a resolution .assed to that eGect 3y the
Legislative Assem3ly o1 that "tate or, in the case o1 a
"tate having a Legislative &ouncil, 3y each House o1 the
Legislature o1 that "tate9
243?6. Not4ithstanding anything in this
&onstitution,C
:a< the validity o1 any la4 relating to the
made under article 68ALA shall not 3e called in
Duestion in any court/
:b< no election to any (unici.ality shall 3e called
in Duestion e2ce.t 3y an election .etition .resented
to such authority and in such manner as is .rovided
1or 3y or under any la4 made 3y the Legislature o1
a "tate9*
&ontinuance o1
e2isting la4s and
(unici.alities9
)ar to inter1erence
3y courts in
electoral matters9
:%art $9A.CThe /unicipa#ities.:Arts. 68A>*-68A>'.<
87
PART 4
THE "&HED'LED AND T$I)AL A$EA"
244. :< The .rovisions o1 the Fi1th "chedule shall
a..ly to the administration and control o1 the "cheduled
Areas and "cheduled Tri3es in any "tate HHH other than
6!the "tates o1 Assam A!,8!(eghalaya, Tri.ura and
(i+oram***9
:6< The .rovisions o1 the "i2th "chedule shall a..ly
to the administration o1 the tri3al areas in 6!the "tates o1
Assam A!, F!(eghalaya, Tri.ura and (i+oram***9
>!244A. :< Not4ithstanding anything in this
&onstitution, Parliament may, 3y la4, 1orm 4ithin the
"tate o1 Assam an autonomous "tate com.rising :4hether
4holly or in .art< all or any o1 the tri3al areas s.eciBed
in =!Part I* o1 the ta3le a..ended to .aragra.h 6P o1 the
"i2th "chedule and create there1orC
:a< a 3ody, 4hether elected or .artly nominated
and .artly elected, to 1unction as a Legislature 1or
the autonomous "tate, or
:b< a &ouncil o1 (inisters,
or 3oth 4ith such constitution, .o4ers and 1unctions, in
each case, as may 3e s.eciBed in the la49
FP
Administration o1
"cheduled Areas
and Tri3al Areas9
?the "tate o1 Assam@ :49e919 6;;7=6<9
A"u3s9 3y the &onstitution :Forty;ninth Amendment< Act, 7K8, s9 6, 1or ?and (eghalaya@
:49e919 ;8;7KF<9
8"u3s9 3y the "tate o1 (i+oram Act, 7K> :A8 o1 7K><, s9 A7, 1or ?(eghalaya and
Tri.ura@ :49e919 6P;6;7K=<9
F"u3s9 3y s9 A7, ibid9, 1or ?(eghalaya and Tri.ura and the 'nion Territory o1
(i+oram@:49e919 6P;6;7K=<9
>Ins9 3y the &onstitution :T4enty;second Amendment< Act, 7>7, s9 69
="u3s9 3y the North;Eastern Areas :$eorganisation< Act, 7= :K o1 7=<, s9 =, 1or
?Part A@ :49e919 6;;7=6<9
Formation o1 an
autonomous "tate
com.rising certain
tri3al areas in
Assam and creation
o1 local Legislature
or &ouncil o1
(inisters or 3oth
there1or9
:6< Any such la4 as is re1erred to in clause :< may,
in .articular,C
:a< s.eci1y the matters enumerated in the "tate
List or the &oncurrent List 4ith res.ect to 4hich the
Legislature o1 the autonomous "tate shall have .o4er
to maEe la4s 1or the 4hole or any .art thereo1,
4hether to the e2clusion o1 the Legislature o1 the
"tate o1 Assam or other4ise/
:b< deBne the matters 4ith res.ect to 4hich the
e2ecutive .o4er o1 the autonomous "tate shall
e2tend/
:c< .rovide that any ta2 levied 3y the "tate o1
Assam shall 3e assigned to the autonomous "tate in
so 1ar as the .roceeds thereo1 are attri3uta3le to the
autonomous "tate/
:d< .rovide that any re1erence to a "tate in any
article o1 this &onstitution shall 3e construed as
including a re1erence to the autonomous "tate/ and
:e< maEe such su..lemental, incidental and
conseDuential .rovisions as may 3e deemed
necessary9
:A< An amendment o1 any such la4 as a1oresaid in
so 1ar as such amendment relates to any o1 the matters
s.eciBed in su3;clause :a< or su3;clause :b< o1 clause :6<
shall have no eGect unless the amendment is .assed in
each House o1 Parliament 3y not less than t4o;thirds o1
the mem3ers .resent and voting9
:8< Any such la4 as is re1erred to in this article shall
not 3e deemed to 3e an amendment o1 this &onstitution
1or the .ur.oses o1 article A>K not4ithstanding that it
contains any .rovision 4hich amends or has the eGect
o1 amending this &onstitution9*
:%art 9.CThe Schedu#ed and Triba# Areas.CArt. 688A.<
F
PART 4I
$ELATION" )ETWEEN THE 'NION AND
THE "TATE"
&HAPTE$ I9CLE%I"LATI#E $ELATION"
5istribution o! ,e(is#ati+e %owers
245. :< "u3Nect to the .rovisions o1 this &onstitution,
Parliament may maEe la4s 1or the 4hole or any .art o1
the territory o1 India, and the Legislature o1 a "tate may
maEe la4s 1or the 4hole or any .art o1 the "tate9
:6< No la4 made 3y Parliament shall 3e deemed to 3e
invalid on the ground that it 4ould have e2tra;territorial
o.eration9
246. :< Not4ithstanding anything in clauses :6< and
:A<, Parliament has e2clusive .o4er to maEe la4s 4ith
res.ect to any o1 the matters enumerated in List I in the
"eventh "chedule :in this &onstitution re1erred to as the
?'nion List@<9
:6< Not4ithstanding anything in clause :A<,
Parliament, and, su3Nect to clause :<, the Legislature o1
any "tate HHH also, have .o4er to maEe la4s 4ith res.ect
to any o1 the matters enumerated in List III in the "eventh
"chedule :in this &onstitution re1erred to as the
?&oncurrent List@<9
:A< "u3Nect to clauses :< and :6<, the Legislature o1
any "tate HHH has e2clusive .o4er to maEe la4s 1or such
"tate or any .art thereo1 4ith res.ect to any o1 the matters
enumerated in List II in the "eventh "chedule :in this
&onstitution re1erred to as the ?"tate List@<9
:8< Parliament has .o4er to maEe la4s 4ith res.ect
to any matter 1or any .art o1 the territory o1 India not
included 6!in a "tate* not4ithstanding that such matter is
a matter enumerated in the "tate List9
F6
6"u3s9 3y s9 67 and "ch9, ibid., 1or ? in Part A or Part ) o1 the First "chedule@9
E2tent o1 la4s
made 3y
Parliament and
3y the
Legislatures o1
"tates9
"u3Nect;matter o1
la4s made 3y
Parliament and 3y
the Legislatures o1
"tates9
247. Not4ithstanding anything in this &ha.ter,
Parliament may 3y la4 .rovide 1or the esta3lishment o1
any additional courts 1or the 3etter administration o1
la4s made 3y Parliament or o1 any e2isting la4s 4ith
res.ect to a matter enumerated in the 'nion List9
248. :< Parliament has e2clusive .o4er to maEe any
la4 4ith res.ect to any matter not enumerated in the
&oncurrent List or "tate List9
:6< "uch .o4er shall include the .o4er o1 maEing
any la4 im.osing a ta2 not mentioned in either o1 those
Lists9
.rovisions o1 this &ha.ter, i1 the &ouncil o1 "tates has
declared 3y resolution su..orted 3y not less than t4othirds
o1 the mem3ers .resent and voting that it is
necessary or e2.edient in the national interest that
Parliament should maEe la4s 4ith res.ect to any matter
enumerated in the "tate List s.eciBed in the resolution,
it shall 3e la41ul 1or Parliament to maEe la4s 1or the
4hole or any .art o1 the territory o1 India 4ith res.ect
to that matter 4hile the resolution remains in 1orce9
:6< A resolution .assed under clause :< shall remain
in 1orce 1or such .eriod not e2ceeding one year as may
3e s.eciBed therein,
Provided that, i1 and so o1ten as a resolution a..roving
the continuance in 1orce o1 any such resolution
is .assed in the manner .rovided in clause :<, such
resolution shall continue in 1orce 1or a 1urther .eriod o1
one year 1rom the date on 4hich under this clause it
4ould other4ise have ceased to 3e in 1orce9
:A< A la4 made 3y Parliament 4hich Parliament
4ould not 3ut 1or the .assing o1 a resolution under clause
:< have 3een com.etent to maEe shall, to the e2tent o1
the incom.etency, cease to have eGect on the e2.iration
o1 a .eriod o1 si2 months a1ter the resolution has ceased
to 3e in 1orce, e2ce.t as res.ects things done or omitted
to 3e done 3e1ore the e2.iration o1 the said .eriod9
Po4er o1
Parliament to
.rovide 1or the
esta3lishment o1
certain additional
courts9
$esiduary .o4ers
o1 legislation9
Po4er o1
Parliament to
legislate 4ith
res.ect to a
matter in the
"tate List in the
national interest9
:%art 9$.CRe#ations between the Union and the States.:
Arts. 68=:687.<
FA
250. :< Not4ithstanding anything in this &ha.ter,
Parliament shall, 4hile a Proclamation o1 Emergency is
in o.eration, have .o4er to maEe la4s 1or the 4hole or
any .art o1 the territory o1 India 4ith res.ect to any o1 the
matters enumerated in the "tate List9
:6< A la4 made 3y Parliament 4hich Parliament
4ould not 3ut 1or the issue o1 a Proclamation o1
Emergency have 3een com.etent to maEe shall, to the
e2tent o1 the incom.etency, cease to have eGect on the
e2.iration o1 a .eriod o1 si2 months a1ter the Proclamation
has ceased to o.erate, e2ce.t as res.ects things done or
omitted to 3e done 3e1ore the e2.iration o1 the said
.eriod9
251. Nothing in articles 687 and 6FP shall restrict the
.o4er o1 the Legislature o1 a "tate to maEe any la4
4hich under this &onstitution it has .o4er to maEe, 3ut
i1 any .rovision o1 a la4 made 3y the Legislature o1 a
"tate is re.ugnant to any .rovision o1 a la4 made 3y
Parliament 4hich Parliament has under either o1 the said
articles .o4er to maEe, the la4 made 3y Parliament,
4hether .assed 3e1ore or a1ter the la4 made 3y the
Legislature o1 the "tate, shall .revail, and the la4 made
3y the Legislature o1 the "tate shall to the e2tent o1 the
re.ugnancy, 3ut so long only as the la4 made 3y
Parliament continues to have eGect, 3e ino.erative9
252. :< I1 it a..ears to the Legislatures o1 t4o or more
"tates to 3e desira3le that any o1 the matters 4ith res.ect
to 4hich Parliament has no .o4er to maEe la4s 1or the
"tates e2ce.t as .rovided in articles 687 and 6FP should
3e regulated in such "tates 3y Parliament 3y la4, and i1
resolutions to that eGect are .assed 3y all the Houses o1
the Legislatures o1 those "tates, it shall 3e la41ul 1or
Parliament to .ass an Act 1or regulating that matter
accordingly, and any Act so .assed shall a..ly to such
"tates and to any other "tate 3y 4hich it is ado.ted
a1ter4ards 3y resolution .assed in that 3ehal1 3y the
House or, 4here there are t4o Houses, 3y each o1 the
Houses o1 the Legislature o1 that "tate9
Po4er o1
Parliament to
legislate 4ith
res.ect to any
matter in the "tate
List i1 a
Proclamation o1
Emergency is in
o.eration9
Inconsistency
3et4een la4s
made 3y
Parliament under
articles 687 and
6FP and la4s
made 3y the
Legislatures o1
"tates9
Po4er o1
Parliament to
legislate 1or t4o
or more "tates 3y
consent and
ado.tion o1 such
legislation 3y any
other "tate9
F8 THE &ON"TIT'TION OF INDIA
Arts. 6FPC6F6.<
:6< Any Act so .assed 3y Parliament may 3e amended
or re.ealed 3y an Act o1 Parliament .assed or ado.ted in
liEe manner 3ut shall not, as res.ects any "tate to 4hich
it a..lies, 3e amended or re.ealed 3y an Act o1 the
Legislature o1 that "tate9
.rovisions o1 this &ha.ter, Parliament has .o4er to maEe
any la4 1or the 4hole or any .art o1 the territory o1 India
1or im.lementing any treaty, agreement or convention
4ith any other country or countries or any decision made
at any international con1erence, association or other 3ody9
254. :< I1 any .rovision o1 a la4 made 3y the
Legislature o1 a "tate is re.ugnant to any .rovision o1 a
la4 made 3y Parliament 4hich Parliament is com.etent
to enact, or to any .rovision o1 an e2isting la4 4ith
res.ect to one o1 the matters enumerated in the &oncurrent
List, then, su3Nect to the .rovisions o1 clause :6<, the la4
made 3y Parliament, 4hether .assed 3e1ore or a1ter the
la4 made 3y the Legislature o1 such "tate, or, as the case
may 3e, the e2isting la4, shall .revail and the la4 made
3y the Legislature o1 the "tate shall, to the e2tent o1 the
re.ugnancy, 3e void9
:6< Where a la4 made 3y the Legislature o1 a "tate
HHH 4ith res.ect to one o1 the matters enumerated in the
&oncurrent List contains any .rovision re.ugnant to the
.rovisions o1 an earlier la4 made 3y Parliament or an
e2isting la4 4ith res.ect to that matter, then, the la4 so
made 3y the Legislature o1 such "tate shall, i1 it has 3een
reserved 1or the consideration o1 the President and has
received his assent, .revail in that "tate,
Provided that nothing in this clause shall .revent
Parliament 1rom enacting at any time any la4 4ith res.ect
to the same matter including a la4 adding to, amending,
varying or re.ealing the la4 so made 3y the Legislature
o1 the "tate9
Legislation 1or
giving eGect to
international
agreements9
Inconsistency
3et4een la4s
made 3y
Parliament and
la4s made 3y the
Legislatures o1
"tates9
Arts. 6F6C6F8.<
FF
255. No Act o1 Parliament or o1 the Legislature o1 a
"tate HHH, and no .rovision in any such Act, shall 3e
invalid 3y reason only that some recommendation or
.revious sanction reDuired 3y this &onstitution 4as not
given, i1 assent to that Act 4as givenC
:a< 4here the recommendation reDuired 4as that
o1 the %overnor, either 3y the %overnor or 3y the
President/
:b< 4here the recommendation reDuired 4as that
o1 the $aN.ramuEh, either 3y the $aN.ramuEh or 3y
the President/
:c< 4here the recommendation or .revious
sanction reDuired 4as that o1 the President, 3y the
President9
&HAPTE$ II9CAD(INI"T$ATI#E $ELATION"
'enera#
256. The e2ecutive .o4er o1 every "tate shall 3e so
e2ercised as to ensure com.liance 4ith the la4s made 3y
Parliament and any e2isting la4s 4hich a..ly in that
"tate, and the e2ecutive .o4er o1 the 'nion shall e2tend
to the giving o1 such directions to a "tate as may a..ear
to the %overnment o1 India to 3e necessary 1or that
.ur.ose9
257. :< The e2ecutive .o4er o1 every "tate shall 3e so
e2ercised as not to im.ede or .reNudice the e2ercise o1
the e2ecutive .o4er o1 the 'nion, and the e2ecutive
.o4er o1 the 'nion shall e2tend to the giving o1 such
directions to a "tate as may a..ear to the %overnment o1
India to 3e necessary 1or that .ur.ose9
:6< The e2ecutive .o4er o1 the 'nion shall also
e2tend to the giving o1 directions to a "tate as to the
construction and maintenance o1 means o1 communication
$eDuirements as to
recommendations
and .revious
sanctions to 3e
regarded as matters
o1 .rocedure only9
O3ligation o1
"tates and the
'nion9
&ontrol o1 the
'nion over "tates
in certain cases9
F> THE &ON"TIT'TION OF INDIA
Arts. 6FFC6F=.<
declared in the direction to 3e o1 national or military
im.ortance,
Provided that nothing in this clause shall 3e taEen
as restricting the .o4er o1 Parliament to declare
high4ays or 4ater4ays to 3e national high4ays or
national 4ater4ays or the .o4er o1 the 'nion 4ith
res.ect to the high4ays or 4ater4ays so declared or the
.o4er o1 the 'nion to construct and maintain means o1
communication as .art o1 its 1unctions 4ith res.ect to
naval, military and air 1orce 4orEs9
:A< The e2ecutive .o4er o1 the 'nion shall also
e2tend to the giving o1 directions to a "tate as to the
measures to 3e taEen 1or the .rotection o1 the rail4ays
4ithin the "tate9
:8< Where in carrying out any direction given to a
"tate under clause :6< as to the construction or
maintenance o1 any means o1 communication or under
clause :A< as to the measures to 3e taEen 1or the .rotection
o1 any rail4ay, costs have 3een incurred in e2cess o1
those 4hich 4ould have 3een incurred in the discharge
o1 the normal duties o1 the "tate i1 such direction had
not 3een given, there shall 3e .aid 3y the %overnment
o1 India to the "tate such sum as may 3e agreed, or, in
de1ault o1 agreement, as may 3e determined 3y an
ar3itrator a..ointed 3y the &hie1 -ustice o1 India, in
res.ect o1 the e2tra costs so incurred 3y the "tate9
257A. !Assistance to States by dep#oyment o! armed !orces
or other !orces o! the Union.* Rep. by the Constitution (*orty!ourth
Amendment) Act 7=K, s9 AA :w.e.!. 6P;>;7=7<9
258. :< Not4ithstanding anything in this
&onstitution, the President may, 4ith the consent o1 the
%overnment o1 a "tate, entrust either conditionally or
unconditionally to that %overnment or to its oMcers
1unctions in relation to any matter to 4hich the e2ecutive
.o4er o1 the 'nion e2tends9
Po4er o1 the 'nion
to con1er .o4ers,
etc9, on "tates in
certain cases9
Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 8A :49e919 A;;7==<9
Arts. 6F=C6FK.<
F=
:6< A la4 made 3y Parliament 4hich a..lies in any
"tate may, not4ithstanding that it relates to a matter 4ith
res.ect to 4hich the Legislature o1 the "tate has no .o4er
to maEe la4s, con1er .o4ers and im.ose duties, or
authorise the con1erring o1 .o4ers and the im.osition o1
duties, u.on the "tate or oMcers and authorities thereo19
:A< Where 3y virtue o1 this article .o4ers and duties
have 3een con1erred or im.osed u.on a "tate or oMcers
or authorities thereo1, there shall 3e .aid 3y the
%overnment o1 India to the "tate such sum as may 3e
agreed, or, in de1ault o1 agreement, as may 3e determined
3y an ar3itrator a..ointed 3y the &hie1 -ustice o1 India,
in res.ect o1 any e2tra costs o1 administration incurred
3y the "tate in connection 4ith the e2ercise o1 those
.o4ers and duties9
3258A. Not4ithstanding anything in this
&onstitution, the %overnor o1 a "tate may, 4ith the
consent o1 the %overnment o1 India, entrust either
conditionally or unconditionally to that %overnment or
to its oMcers 1unctions in relation to any matter to 4hich
the e2ecutive .o4er o1 the "tate e2tends9*
259. !Armed *orces in States in %art 1 o! the *irst
Schedu#e.* Rep. by the Constitution (Se+enth Amendment)
260. The %overnment o1 India may 3y agreement
4ith the %overnment o1 any territory not 3eing .art o1
the territory o1 India undertaEe any e2ecutive, legislative
or Nudicial 1unctions vested in the %overnment o1 such
territory, 3ut every such agreement shall 3e su3Nect to,
and governed 3y, any la4 relating to the e2ercise o1
1oreign Nurisdiction 1or the time 3eing in 1orce9
261. :< Full 1aith and credit shall 3e given throughout
the territory o1 India to .u3lic acts, records and Nudicial
.roceedings o1 the 'nion and o1 every "tate9
Po4er o1 the
"tates to entrust
1unctions to the
'nion9
-urisdiction o1 the
'nion in relation
to territories
outside India9
Pu3lic acts, records
and Nudicial
.roceedings9
Ins9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 K9
FK THE &ON"TIT'TION OF INDIA
Arts. 6FKC6>.<
:6< The manner in 4hich and the conditions under
4hich the acts, records and .roceedings re1erred to in
clause :< shall 3e .roved and the eGect thereo1
determined shall 3e as .rovided 3y la4 made 3y
Parliament9
:A< Final Nudgments or orders delivered or .assed 3y
civil courts in any .art o1 the territory o1 India shall 3e
ca.a3le o1 e2ecution any4here 4ithin that territory
according to la49
5isputes re#atin( to <aters
262. :< Parliament may 3y la4 .rovide 1or the
adNudication o1 any dis.ute or com.laint 4ith res.ect to
the use, distri3ution or control o1 the 4aters o1, or in, any
inter;"tate river or river valley9
:6< Not4ithstanding anything in this &onstitution,
Parliament may 3y la4 .rovide that neither the "u.reme
&ourt nor any other court shall e2ercise Nurisdiction in
res.ect o1 any such dis.ute or com.laint as is re1erred to
in clause :<9
Co-ordination between States
263. I1 at any time it a..ears to the President that the
.u3lic interests 4ould 3e served 3y the esta3lishment o1
a &ouncil charged 4ith the duty o1C
(a) inDuiring into and advising u.on dis.utes
4hich may have arisen 3et4een "tates/
(b) investigating and discussing su3Nects in 4hich
some or all o1 the "tates, or the 'nion and one or
more o1 the "tates, have a common interest/ or
(c) maEing recommendations u.on any such
su3Nect and, in .articular, recommendations 1or the
3etter co;ordination o1 .olicy and action 4ith res.ect
to that su3Nect,
it shall 3e la41ul 1or the President 3y order to esta3lish
such a &ouncil, and to deBne the nature o1 the duties to
3e .er1ormed 3y it and its organisation and .rocedure9
AdNudication o1
dis.utes relating
to 4aters o1 inter;
"tate rivers or
river valleys9
Provisions 4ith
res.ect to an
inter;"tate
&ouncil9
Arts. 6>C6>A.<
F7
PART 4II
FINAN&E, P$OPE$T0, &ONT$A&T" AND "'IT"
&HAPTE$ I9CFINAN&E
'enera#
!264. In this Part, ?Finance &ommission@ means a
Finance &ommission constituted under article 6KP9*
265. No ta2 shall 3e levied or collected e2ce.t 3y
authority o1 la49
266. :< "u3Nect to the .rovisions o1 article 6>= and to
the .rovisions o1 this &ha.ter 4ith res.ect to the
assignment o1 the 4hole or .art o1 the net .roceeds o1
certain ta2es and duties to "tates, all revenues received
3y the %overnment o1 India, all loans raised 3y that
%overnment 3y the issue o1 treasury 3ills, loans or 4ays
and means advances and all moneys received 3y that
%overnment in re.ayment o1 loans shall 1orm one
consolidated 1und to 3e entitled ?the &onsolidated Fund
o1 India@, and all revenues received 3y the %overnment
o1 a "tate, all loans raised 3y that %overnment 3y the
issue o1 treasury 3ills, loans or 4ays and means advances
and all moneys received 3y that %overnment in
re.ayment o1 loans shall 1orm one consolidated 1und to
3e entitled ?the &onsolidated Fund o1 the "tate@9
:6< All other .u3lic moneys received 3y or on 3ehal1
o1 the %overnment o1 India or the %overnment o1 a "tate
shall 3e credited to the .u3lic account o1 India or the
.u3lic account o1 the "tate, as the case may 3e9
:A< No moneys out o1 the &onsolidated Fund o1 India
or the &onsolidated Fund o1 a "tate shall 3e a..ro.riated
e2ce.t in accordance 4ith la4 and 1or the .ur.oses and
in the manner .rovided in this &onstitution9
>P
Inter.retation9
Ta2es not to 3e
im.osed save 3y
authority o1 la49
&onsolidated
Funds and .u3lic
accounts o1 India
and o1 the "tates9
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9, 1or art9 6>89
267. :< Parliament may 3y la4 esta3lish a
&ontingency Fund in the nature o1 an im.rest to 3e
entitled ?the &ontingency Fund o1 India@ into 4hich
shall 3e .aid 1rom time to time such sums as may 3e
determined 3y such la4, and the said Fund shall 3e
.laced at the dis.osal o1 the President to ena3le advances
to 3e made 3y him out o1 such Fund 1or the .ur.oses o1
meeting un1oreseen e2.enditure .ending authorisation
o1 such e2.enditure 3y Parliament 3y la4 under
article F or article >9
:6< The Legislature o1 a "tate may 3y la4 esta3lish
a &ontingency Fund in the nature o1 an im.rest to 3e
entitled ?the &ontingency Fund o1 the "tate@ into 4hich
shall 3e .aid 1rom time to time such sums as may 3e
determined 3y such la4, and the said Fund shall 3e
.laced at the dis.osal o1 the %overnor HHHo1 the "tate
to ena3le advances to 3e made 3y him out o1 such Fund
1or the .ur.oses o1 meeting un1oreseen e2.enditure
.ending authorisation o1 such e2.enditure 3y the
Legislature o1 the "tate 3y la4 under article 6PF or
article 6P>9
5istribution o! Re+enues between the
Union and the States
268. :< "uch stam. duties and such duties o1 e2cise
on medicinal and toilet .re.arations as are mentioned in
the 'nion List shall 3e levied 3y the %overnment o1
India 3ut shall 3e collectedC
:a< in the case 4here such duties are levia3le
4ithin any 6!'nion territory*, 3y the %overnment o1
India, and
:b< in other cases, 3y the "tates 4ithin 4hich such
duties are res.ectively levia3le9
&ontingency Fund9
Duties levied 3y
the 'nion 3ut
collected and
a..ro.riated 3y
the "tates9
The 4ords ?or $aN.ramuEh@ omitted 3y the &onstitution :"eventh Amendment< Act,
7F>, s9 67 and "ch9
6"u3s9 3y s9 67 and "ch9, ibid9, 1or ?"tate s.eciBed in Part & o1 the First "chedule@9
:%art 9$$.C*inance %roperty Contracts and Suits.C
Arts. 6>=;6>K9<
>
:6< The .roceeds in any Bnancial year o1 any such
duty levia3le 4ithin any "tate shall not 1orm .art o1 the
&onsolidated Fund o1 India, 3ut shall 3e assigned to that
"tate9
H!268A. :< Ta2es on services shall 3e levied 3y the
%overnment o1 India and such ta2 shall 3e collected and
a..ro.riated 3y the %overnment o1 India and the "tates
in the manner .rovided in clause :6<9
:6< The .roceeds in any Bnancial year o1 any such ta2
levied in accordance 4ith the .rovisions o1 clause :<
shall 3eC
:a< collected 3y the %overnment o1 India and the
"tates/
:b< a..ro.riated 3y the %overnment o1 India and
the "tates,
in accordance 4ith such .rinci.les o1 collection and
a..ro.riation as may 3e 1ormulated 3y Parliament 3y
la49*
269. !:< Ta2es on the sale or .urchase o1 goods and
ta2es on the consignment o1 goods shall 3e levied and
collected 3y the %overnment o1 India 3ut shall 3e assigned
and shall 3e deemed to have 3een assigned to the "tates
on or a1ter the st day o1 A.ril, 77> in the manner
.rovided in clause :6<9
"xp#anation95For the .ur.oses o1 this clause,C
:a< the e2.ression ?ta2es on the sale or .urchase
o1 goods@ shall mean ta2es on sale or .urchase o1
goods other than ne4s.a.ers, 4here such sale or
.urchase taEes .lace in the course o1 inter;"tate trade
or commerce/
:b< the e2.ression ?ta2es on the consignment o1
goods@ shall mean ta2es on the consignment o1 goods
:4hether the consignment is to the .erson maEing it
or to any other .erson<, 4here such consignment
taEes .lace in the course o1 inter;"tate trade or
commerce9
"ervice ta2 levied 3y
'nion and collected
and a..ro.riated 3y
the 'nion and the
"tates9
Ta2es levied and
collected 3y the
'nion 3ut assigned
to the "tates9
HIns9 3y the &onstitution :Eighty;eighth Amendment< Act, 6PPA, s9 6 :4hich is yet not in
"u3s9 3y the &onstitution :Eightieth Amendment< Act, 6PPP, s9 6, 1or cls9 :< and :6<9
Arts. 6>K;6>79<
>6
:6< The net .roceeds in any Bnancial year o1 any such
ta2, e2ce.t in so 1ar as those .roceeds re.resent .roceeds
attri3uta3le to 'nion territories, shall not 1orm .art o1 the
&onsolidated Fund o1 India, 3ut shall 3e assigned to the
"tates 4ithin 4hich that ta2 is levia3le in that year, and
shall 3e distri3uted among those "tates in accordance
4ith such .rinci.les o1 distri3ution as may 3e 1ormulated
3y Parliament 3y la49*
!:A< Parliament may 3y la4 1ormulate .rinci.les 1or
determining 4hen a 6!sale or .urchase o1, or consignment
o1, goods* taEes .lace in the course o1 inter;"tate trade or
commerce9*
A!270. :< All ta2es and duties re1erred to in the 'nion
List, e2ce.t the duties and ta2es re1erred to in articles
H!6>K and 6>7*, res.ectively, surcharge on ta2es and duties
re1erred to in article 6= and any cess levied 1or s.eciBc
.ur.oses under any la4 made 3y Parliament shall 3e
levied and collected 3y the %overnment o1 India and
shall 3e distri3uted 3et4een the 'nion and the "tates in
the manner .rovided in clause :6<9
:6< "uch .ercentage, as may 3e .rescri3ed, o1 the net
.roceeds o1 any such ta2 or duty in any Bnancial year
shall not 1orm .art o1 the &onsolidated Fund o1 India,
3ut shall 3e assigned to the "tates 4ithin 4hich that ta2
or duty is levia3le in that year, and shall 3e distri3uted
among those "tates in such manner and 1rom such time
as may 3e .rescri3ed in the manner .rovided in
clause :A<9
:A< In this article, ?.rescri3ed@ means,5
:i< until a Finance &ommission has 3een
constituted, .rescri3ed 3y the President 3y order,
and
:ii< a1ter a Finance &ommission has 3een
constituted, .rescri3ed 3y the President 3y order
a1ter considering the recommendations o1 the
Finance &ommission9*
Ta2es levied and
distri3uted 3et4een
the 'nion and the
"tates9
Ins9 3y the &onstitution :"i2th Amendment< Act, 7F>, s9 A9
6"u3s 3y the &onstitution :Forty;si2th Amendment< Act, 7K6, s9 6, 1or ?sale or .urchase
o1 goods@9
A"u3s9 3y the &onstitution :Eightieth Amendment< Act, 6PPP, s9 A, 1or art9 6=P :49e919
;8;77><9
HThe 4ords and Bgures in 3racEets shall stand su3stituted as ?articles 6>K, 6>KA and
6>7@ 3y the &onstitution :Eighty;eighth Amendment< Act, 6PPA, s9 A :4hich is yet not in
Arts. 6>7;6=P9<
>A
271. Not4ithstanding anything in articles 6>7 and
6=P, Parliament may at any time increase any o1 the
duties or ta2es re1erred to in those articles 3y a surcharge
1or .ur.oses o1 the 'nion and the 4hole .roceeds o1 any
such surcharge shall 1orm .art o1 the &onsolidated Fund
o1 India9
272. ?Taxes which are #e+ied and co##ected by the Union
and may be distributed between the Union and the States.]
Rep. by the Constitution ("i(htieth Amendment) Act, 6PPP
s. 89
273. :< There shall 3e charged on the &onsolidated
Fund o1 India in each year as grants;in;aid o1 the revenues
o1 the "tates o1 Assam, )ihar, Orissa and West )engal, in
lieu o1 assignment o1 any share o1 the net .roceeds in
each year o1 e2.ort duty on Nute and Nute .roducts to
those "tates, such sums as may 3e .rescri3ed9
:6< The sums so .rescri3ed shall continue to 3e
charged on the &onsolidated Fund o1 India so long as
any e2.ort duty on Nute or Nute .roducts continues to 3e
levied 3y the %overnment o1 India or until the e2.iration
o1 ten years 1rom the commencement o1 this &onstitution
4hichever is earlier9
:A< In this article, the e2.ression ?.rescri3ed@ has
the same meaning as in article 6=P9
274. :< No )ill or amendment 4hich im.oses or varies
any ta2 or duty in 4hich "tates are interested, or
4hich varies the meaning o1 the e2.ression ?agricultural
income@ as deBned 1or the .ur.oses o1 the enactments
relating to Indian income;ta2, or 4hich aGects the .rinci.les
on 4hich under any o1 the 1oregoing .rovisions o1 this
&ha.ter moneys are or may 3e distri3uta3le to "tates, or
4hich im.oses any such surcharge 1or the .ur.oses o1
the 'nion as is mentioned in the 1oregoing .rovisions o1
this &ha.ter, shall 3e introduced or moved in either
House o1 Parliament e2ce.t on the recommendation o1
the President9
:6< In this article, the e2.ression ?ta2 or duty in 4hich
"tates are interested@ meansC
:a< a ta2 or duty the 4hole or .art o1 the net
.roceeds 4hereo1 are assigned to any "tate/ or
"urcharge on
certain duties and
ta2es 1or .ur.oses
o1 the 'nion9
%rants in lieu o1
e2.ort duty on Nute
and Nute .roducts9
Prior
recommendation o1
President reDuired
to )ills aGecting
ta2ation in 4hich
"tates are
interested9
Arts. 6=C6=89<
>8
:b< a ta2 or duty 3y re1erence to the net .roceeds
4hereo1 sums are 1or the time 3eing .aya3le out o1
the &onsolidated Fund o1 India to any "tate9
275. :< "uch sums as Parliament may 3y la4 .rovide
shall 3e charged on the &onsolidated Fund o1 India in
each year as grants;in;aid o1 the revenues o1 such "tates
as Parliament may determine to 3e in need o1 assistance,
and diGerent sums may 3e B2ed 1or diGerent "tates,
Provided that there shall 3e .aid out o1 the
&onsolidated Fund o1 India as grants;in;aid o1 the
revenues o1 a "tate such ca.ital and recurring sums as
may 3e necessary to ena3le that "tate to meet the costs o1
such schemes o1 develo.ment as may 3e undertaEen 3y
the "tate 4ith the a..roval o1 the %overnment o1 India
1or the .ur.ose o1 .romoting the 4el1are o1 the "cheduled
Tri3es in that "tate or raising the level o1 administration
o1 the "cheduled Areas therein to that o1 the
administration o1 the rest o1 the areas o1 that "tate,
Provided 1urther that there shall 3e .aid out o1 the
&onsolidated Fund o1 India as grants;in;aid o1 the
revenues o1 the "tate o1 Assam sums, ca.ital and recurring,
eDuivalent toC
:a< the average e2cess o1 e2.enditure over the
revenues during the t4o years immediately .receding
the commencement o1 this &onstitution in res.ect o1
the administration o1 the tri3al areas s.eciBed in
!Part I* o1 the ta3le a..ended to .aragra.h 6P o1 the
"i2th "chedule/ and
:b< the costs o1 such schemes o1 develo.ment as
may 3e undertaEen 3y that "tate 4ith the a..roval
o1 the %overnment o1 India 1or the .ur.ose o1 raising
%rants 1rom the
'nion to certain
"tates9
"u3s9 3y the North;Eastern Areas :$eorganisation< Act, 7= :K o1 7=<, s9 =, 1or
?Part A@ :49e919 6;;7=6<9
Arts. 6=8;6=F9<
>F
the level o1 administration o1 the said areas to that o1
the administration o1 the rest o1 the areas o1 that
"tate9
!:A< On and 1rom the 1ormation o1 the autonomous
"tate under article 688A,C
:i< any sums .aya3le under clause :a< o1 the
second .roviso to clause :< shall, i1 the
autonomous "tate com.rises all the tri3al areas
re1erred to therein, 3e .aid to the autonomous "tate,
and, i1 the autonomous "tate com.rises only some
o1 those tri3al areas, 3e a..ortioned 3et4een the
"tate o1 Assam and the autonomous "tate as the
President may, 3y order, s.eci1y/
:ii< there shall 3e .aid out o1 the &onsolidated
Fund o1 India as grants;in;aid o1 the revenues o1
the autonomous "tate sums, ca.ital and recurring,
eDuivalent to the costs o1 such schemes o1
develo.ment as may 3e undertaEen 3y the
autonomous "tate 4ith the a..roval o1 the
%overnment o1 India 1or the .ur.ose o1 raising
the level o1 administration o1 that "tate to that
o1 the administration o1 the rest o1 the "tate o1
Assam9*
:6< 'ntil .rovision is made 3y Parliament under
clause :<, the .o4ers con1erred on Parliament under
that clause shall 3e e2ercisa3le 3y the President 3y order
and any order made 3y the President under this clause
shall have eGect su3Nect to any .rovision so made 3y
Parliament,
Provided that a1ter a Finance &ommission has 3een
constituted no order shall 3e made under this clause
3y the President e2ce.t a1ter considering the
recommendations o1 the Finance &ommission9
Ins9 3y the &onstitution :T4enty;second Amendment< Act, 7>7, s9 A9
Art. 6=F9<
>>
276. :< Not4ithstanding anything in article 68>, no
la4 o1 the Legislature o1 a "tate relating to ta2es 1or the
3eneBt o1 the "tate or o1 a munici.ality, district 3oard,
local 3oard or other local authority therein in res.ect o1
.ro1essions, trades, callings or em.loyments shall 3e
invalid on the ground that it relates to a ta2 on income9
:6< The total amount .aya3le in res.ect o1 any one
.erson to the "tate or to any one munici.ality, district
3oard, local 3oard or other local authority in the "tate 3y
4ay o1 ta2es on .ro1essions, trades, callings and
em.loyments shall not e2ceed !t4o thousand and Bve
hundred ru.ees* .er annum9
6H H H H
:A< The .o4er o1 the Legislature o1 a "tate to maEe
la4s as a1oresaid 4ith res.ect to ta2es on .ro1essions,
trades, callings and em.loyments shall not 3e construed
as limiting in any 4ay the .o4er o1 Parliament to maEe
la4s 4ith res.ect to ta2es on income accruing 1rom or
arising out o1 .ro1essions, trades, callings and
em.loyments9
277. Any ta2es, duties, cesses or 1ees 4hich,
&onstitution, 4ere 3eing la41ully levied 3y the
%overnment o1 any "tate or 3y any munici.ality or other
local authority or 3ody 1or the .ur.oses o1 the "tate,
munici.ality, district or other local area may,
not4ithstanding that those ta2es, duties, cesses or 1ees
are mentioned in the 'nion List, continue to 3e levied
and to 3e a..lied to the same .ur.oses until .rovision
to the contrary is made 3y Parliament 3y la49
278. !A(reement with States in %art 1 o! the *irst
Schedu#e with re(ard to certain .nancia# matters.* Rep. by the
Constitution :Se+enth Amendment< Act 7F>, s9 67 and "ch9
Ta2es on
.ro1essions, trades,
callings and
em.loyments9
"avings9
"u3s9 3y the &onstitution :"i2tieth Amendment< Act, 7KK, s9 6, 1or ?t4o hundred and
B1ty ru.ees@9
6Proviso omitted 3y s9 6, ibid.
Arts. 6=>C6=K9<
>=
279. :< In the 1oregoing .rovisions o1 this &ha.ter,
?net .roceeds@ means in relation to any ta2 or duty the
.roceeds thereo1 reduced 3y the cost o1 collection, and 1or
the .ur.oses o1 those .rovisions the net .roceeds o1 any
ta2 or duty, or o1 any .art o1 any ta2 or duty, in or
attri3uta3le to any area shall 3e ascertained and certiBed
3y the &om.troller and Auditor;%eneral o1 India, 4hose
certiBcate shall 3e Bnal9
:6< "u3Nect as a1oresaid, and to any other e2.ress
.rovision o1 this &ha.ter, a la4 made 3y Parliament or
an order o1 the President may, in any case 4here under
this Part the .roceeds o1 any duty or ta2 are, or may 3e,
assigned to any "tate, .rovide 1or the manner in 4hich
the .roceeds are to 3e calculated, 1or the time 1rom or at
4hich and the manner in 4hich any .ayments are to 3e
made, 1or the maEing o1 adNustments 3et4een one
Bnancial year and another, and 1or any other incidental
or ancillary matters9
280. :< The President shall, 4ithin t4o years 1rom
the commencement o1 this &onstitution and therea1ter at
the e2.iration o1 every B1th year or at such earlier time
as the President considers necessary, 3y order constitute
a Finance &ommission 4hich shall consist o1 a
&hairman and 1our other mem3ers to 3e a..ointed 3y
the President9
:6< Parliament may 3y la4 determine the
DualiBcations 4hich shall 3e reDuisite 1or a..ointment
as mem3ers o1 the &ommission and the manner in 4hich
they shall 3e selected9
:A< It shall 3e the duty o1 the &ommission to maEe
recommendations to the President as toC
:a< the distri3ution 3et4een the 'nion and the
"tates o1 the net .roceeds o1 ta2es 4hich are to 3e, or
may 3e, divided 3et4een them under this &ha.ter
and the allocation 3et4een the "tates o1 the res.ective
shares o1 such .roceeds/
:b< the .rinci.les 4hich should govern the grantsin;
aid o1 the revenues o1 the "tates out o1 the
&onsolidated Fund o1 India/
&alculation o1 ?net
.roceeds@, etc9
Finance
&ommission9
Arts. 6=7;6KP9<
>K
!:bb< the measures needed to augment the
&onsolidated Fund o1 a "tate to su..lement the
resources o1 the Panchayats in the "tate on the 3asis
o1 the recommendations made 3y the Finance
&ommission o1 the "tate/*
6!:c< the measures needed to augment the
&onsolidated Fund o1 a "tate to su..lement the
resources o1 the (unici.alities in the "tate on the
3asis o1 the recommendations made 3y the Finance
&ommission o1 the "tate/*
A!:d<* any other matter re1erred to the &ommission
3y the President in the interests o1 sound Bnance9
:8< The &ommission shall determine their .rocedure
and shall have such .o4ers in the .er1ormance o1 their
1unctions as Parliament may 3y la4 con1er on them9
281. The President shall cause every recommendation
made 3y the Finance &ommission under the .rovisions o1
this &onstitution together 4ith an e2.lanatory
memorandum as to the action taEen thereon to 3e laid
3e1ore each House o1 Parliament9
/isce##aneous *inancia# %ro+isions
282. The 'nion or a "tate may maEe any grants 1or
any .u3lic .ur.ose, not4ithstanding that the .ur.ose is
not one 4ith res.ect to 4hich Parliament or the
Legislature o1 the "tate, as the case may 3e, may maEe
la4s9
283. :< The custody o1 the &onsolidated Fund o1
India and the &ontingency Fund o1 India, the .ayment
o1 moneys into such Funds, the 4ithdra4al o1 moneys
there1rom, the custody o1 .u3lic moneys other than those
credited to such Funds received 3y or on 3ehal1 o1 the
%overnment o1 India, their .ayment into the .u3lic
account o1 India and the 4ithdra4al o1 moneys 1rom
such account and all other matters connected 4ith or
$ecommendations
o1 the Finance
&ommission9
E2.enditure
de1raya3le 3y the
'nion or a "tate
out o1 its revenues9
&ustody, etc9, o1
&onsolidated
Funds, &ontingency
Funds and moneys
credited to the
.u3lic accounts9
Ins9 3y the &onstitution :"eventy;third Amendment< Act, 776, s9 A :49e919 68;8;77A<9
6Ins9 3y the &onstitution :"eventy;1ourth Amendment< Act, 776, s9 A :49e919 ;>;77A<9
A"u3;clause :c< re;lettered as su3;clause :d< 3y s9 A, ibid9 :49e919 ;>;77A<9
Arts. 6KPC6KA9<
>7
ancillary to matters a1oresaid shall 3e regulated 3y la4
made 3y Parliament, and, until .rovision in that 3ehal1
is so made, shall 3e regulated 3y rules made 3y the
President9
:6< The custody o1 the &onsolidated Fund o1 a "tate
and the &ontingency Fund o1 a "tate, the .ayment o1
moneys into such Funds, the 4ithdra4al o1 moneys
there1rom, the custody o1 .u3lic moneys other than those
credited to such Funds received 3y or on 3ehal1 o1 the
%overnment o1 the "tate, their .ayment into the .u3lic
account o1 the "tate and the 4ithdra4al o1 moneys 1rom
such account and all other matters connected 4ith or
ancillary to matters a1oresaid shall 3e regulated 3y la4
made 3y the Legislature o1 the "tate, and, until .rovision
in that 3ehal1 is so made, shall 3e regulated 3y rules
made 3y the %overnor HHH o1 the "tate9
284. All moneys received 3y or de.osited 4ithC
:a< any oMcer em.loyed in connection 4ith the
aGairs o1 the 'nion or o1 a "tate in his ca.acity as
such, other than revenues or .u3lic moneys raised
or received 3y the %overnment o1 India or the
%overnment o1 the "tate, as the case may 3e, or
:b< any court 4ithin the territory o1 India to the
credit o1 any cause, matter, account or .ersons,
shall 3e .aid into the .u3lic account o1 India or the
.u3lic account o1 "tate, as the case may 3e9
285. :< The .ro.erty o1 the 'nion shall, save in so
1ar as Parliament may 3y la4 other4ise .rovide, 3e e2em.t
1rom all ta2es im.osed 3y a "tate or 3y any authority
4ithin a "tate9
:6< Nothing in clause :< shall, until Parliament 3y
la4 other4ise .rovides, .revent any authority 4ithin a
"tate 1rom levying any ta2 on any .ro.erty o1 the 'nion
to 4hich such .ro.erty 4as immediately 3e1ore the
commencement o1 this &onstitution lia3le or treated as
lia3le, so long as that ta2 continues to 3e levied in that
"tate9
&ustody o1
suitorsO de.osits
and other moneys
received 3y .u3lic
servants and
courts9
E2em.tion o1
.ro.erty o1 the
'nion 1rom "tate
ta2ation9
The 4ords ?or $aN.ramuEh? omitted 3y the &onstitution :"eventh Amendment< Act,
7F>, s9 67 and "ch9
Arts. 6KAC6KF9<
=P
286. :< No la4 o1 a "tate shall im.ose, or authorise
the im.osition o1, a ta2 on the sale or .urchase o1 goods
4here such sale or .urchase taEes .laceC
:a< outside the "tate/ or
:b< in the course o1 the im.ort o1 the goods into,
or e2.ort o1 the goods out o1, the territory o1 India9
H H H H
6!:6< Parliament may 3y la4 1ormulate .rinci.les 1or
determining 4hen a sale or .urchase o1 goods taEes .lace
in any o1 the 4ays mentioned in clause :<9
A!:A< Any la4 o1 a "tate shall, in so 1ar as it im.oses,
or authorises the im.osition o1,C
:a< a ta2 on the sale or .urchase o1 goods declared
3y Parliament 3y la4 to 3e o1 s.ecial im.ortance in
inter;"tate trade or commerce/ or
:b< a ta2 on the sale or .urchase o1 goods, 3eing
a ta2 o1 the nature re1erred to in su3;clause :b<, su3clause
:c< or su3;clause :d< o1 clause :67A< o1
article A>>,
3e su3Nect to such restrictions and conditions in regard to
the system o1 levy, rates and other incidents o1 the ta2 as
Parliament may 3y la4 s.eci1y9**
287. "ave in so 1ar as Parliament may 3y la4
other4ise .rovide, no la4 o1 a "tate shall im.ose, or
authorise the im.osition o1, a ta2 on the consum.tion or
sale o1 electricity :4hether .roduced 3y a %overnment or
other .ersons< 4hich isC
:a< consumed 3y the %overnment o1 India, or sold
to the %overnment o1 India 1or consum.tion 3y that
%overnment/ or
:b< consumed in the construction, maintenance
or o.eration o1 any rail4ay 3y the %overnment o1
India or a rail4ay com.any o.erating that rail4ay,
or sold to that %overnment or any such rail4ay
$estrictions as to
im.osition o1 ta2
on the sale or
.urchase o1 goods9
E2em.tion 1rom
ta2es on electricity9
"xp#anation to cl9 :< omitted 3y the &onstitution :"i2th Amendment< Act, 7F>, s9 89
6"u3s9 3y s9 8, ibid9, 1or cls9 :6< and :A<9
A"u3s9 3y the &onstitution :Forty;si2th Amendment< Act, 7K6, s9 A, 1or cl9 :A<9
Arts. 6K>;6K=9<
=
com.any 1or consum.tion in the construction,
maintenance or o.eration o1 any rail4ay,
and any such la4 im.osing, or authorising the
im.osition o1, a ta2 on the sale o1 electricity shall secure
that the .rice o1 electricity sold to the %overnment o1
India 1or consum.tion 3y that %overnment, or to any
such rail4ay com.any as a1oresaid 1or consum.tion in
the construction, maintenance or o.eration o1 any rail4ay,
shall 3e less 3y the amount o1 the ta2 than the .rice
charged to other consumers o1 a su3stantial Duantity o1
electricity9
288. :< "ave in so 1ar as the President may 3y order
other4ise .rovide, no la4 o1 a "tate in 1orce immediately
3e1ore the commencement o1 this &onstitution shall
im.ose, or authorise the im.osition o1, a ta2 in res.ect o1
any 4ater or electricity stored, generated, consumed,
distri3uted or sold 3y any authority esta3lished 3y any
e2isting la4 or any la4 made 3y Parliament 1or regulating
or develo.ing any inter;"tate river or river;valley9
"xp#anation.:The e2.ression ?la4 o1 a "tate in 1orce@
in this clause shall include a la4 o1 a "tate .assed or
made 3e1ore the commencement o1 this &onstitution and
not .reviously re.ealed, not4ithstanding that it or .arts
o1 it may not 3e then in o.eration either at all or in
.articular areas9
:6< The Legislature o1 a "tate may 3y la4 im.ose, or
authorise the im.osition o1, any such ta2 as is mentioned
in clause :<, 3ut no such la4 shall have any eGect unless
it has, a1ter having 3een reserved 1or the consideration o1
the President, received his assent/ and i1 any such la4
.rovides 1or the B2ation o1 the rates and other incidents
o1 such ta2 3y means o1 rules or orders to 3e made under
the la4 3y any authority, the la4 shall .rovide 1or the
.revious consent o1 the President 3eing o3tained to the
maEing o1 any such rule or order9
289. :< The .ro.erty and income o1 a "tate shall 3e
e2em.t 1rom 'nion ta2ation9
:6< Nothing in clause :< shall .revent the 'nion
1rom im.osing, or authorising the im.osition o1, any ta2
to such e2tent, i1 any, as Parliament may 3y la4 .rovide
E2em.tion 1rom
ta2ation 3y "tates
in res.ect o1 4ater
or electricity in
certain cases9
E2em.tion o1
.ro.erty and
income o1 a "tate
1rom 'nion
ta2ation9
Arts. 6K=C6K79<
=6
in res.ect o1 a trade or 3usiness o1 any Eind carried on
3y, or on 3ehal1 o1, the %overnment o1 a "tate, or any
o.erations connected there4ith, or any .ro.erty used or
occu.ied 1or the .ur.oses o1 such trade or 3usiness, or
any income accruing or arising in connection there4ith9
:A< Nothing in clause :6< shall a..ly to any trade or
3usiness, or to any class o1 trade or 3usiness, 4hich
Parliament may 3y la4 declare to 3e incidental to the
ordinary 1unctions o1 %overnment9
290. Where under the .rovisions o1 this &onstitution
the e2.enses o1 any court or &ommission, or the .ension
.aya3le to or in res.ect o1 a .erson 4ho has served
3e1ore the commencement o1 this &onstitution under the
&ro4n in India or a1ter such commencement in connection
4ith the aGairs o1 the 'nion or o1 a "tate, are charged on
the &onsolidated Fund o1 India or the &onsolidated Fund
o1 a "tate, then, i1C
:a< in the case o1 a charge on the &onsolidated
Fund o1 India, the court or &ommission serves any
o1 the se.arate needs o1 a "tate, or the .erson has
served 4holly or in .art in connection 4ith the aGairs
o1 a "tate/ or
:b< in the case o1 a charge on the &onsolidated
Fund o1 a "tate, the court or &ommission serves any
o1 the se.arate needs o1 the 'nion or another "tate,
or the .erson has served 4holly or in .art in
connection 4ith the aGairs o1 the 'nion or another
"tate,
there shall 3e charged on and .aid out o1 the
&onsolidated Fund o1 the "tate or, as the case may 3e, the
&onsolidated Fund o1 India or the &onsolidated Fund o1
the other "tate, such contri3ution in res.ect o1 the
e2.enses or .ension as may 3e agreed, or as may in
de1ault o1 agreement 3e determined 3y an ar3itrator to 3e
a..ointed 3y the &hie1 -ustice o1 India9
!290A. A sum o1 1orty;si2 laEhs and B1ty thousand
ru.ees shall 3e charged on, and .aid out o1, the
&onsolidated Fund o1 the "tate o1 Rerala every year to
AdNustment in
res.ect o1 certain
e2.enses and
.ensions9
Annual .ayment to
certain Devas4om
Funds9
Ins9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 79
Arts. 6K7C67PA9<
=A
the Travancore Devas4om Fund/ and a sum o1 thirteen
laEhs and B1ty thousand ru.ees shall 3e charged on, and
.aid out o1, the &onsolidated Fund o1 the "tate o1 !Tamil
Nadu* every year to the Devas4om Fund esta3lished in
that "tate 1or the maintenance o1 Hindu tem.les and
shrines in the territories trans1erred to that "tate on the
st day o1 Novem3er, 7F>, 1rom the "tate o1 Travancore;
&ochin9*
291. !%ri+y purse sums o! Ru#ers.* Rep. by the Constitution
(Twenty-sixth Amendment) Act 7=l, s. 69
&HAPTE$ II9C)O$$OWIN%
292. The e2ecutive .o4er o1 the 'nion e2tends to
3orro4ing u.on the security o1 the &onsolidated Fund o1
India 4ithin such limits, i1 any, as may 1rom time to time
3e B2ed 3y Parliament 3y la4 and to the giving o1
guarantees 4ithin such limits, i1 any, as may 3e so B2ed9
293. :< "u3Nect to the .rovisions o1 this article, the
e2ecutive .o4er o1 a "tate e2tends to 3orro4ing 4ithin
the territory o1 India u.on the security o1 the &onsolidated
Fund o1 the "tate 4ithin such limits, i1 any, as may 1rom
time to time 3e B2ed 3y the Legislature o1 such "tate 3y
la4 and to the giving o1 guarantees 4ithin such limits,
i1 any, as may 3e so B2ed9
:6< The %overnment o1 India may, su3Nect to such
conditions as may 3e laid do4n 3y or under any la4
made 3y Parliament, maEe loans to any "tate or, so long
as any limits B2ed under article 676 are not e2ceeded,
give guarantees in res.ect o1 loans raised 3y any "tate,
and any sums reDuired 1or the .ur.ose o1 maEing such
loans shall 3e charged on the &onsolidated Fund o1 India9
:A< A "tate may not 4ithout the consent o1 the
%overnment o1 India raise any loan i1 there is still
outstanding any .art o1 a loan 4hich has 3een made to
the "tate 3y the %overnment o1 India or 3y its .redecessor
%overnment, or in res.ect o1 4hich a guarantee has 3een
given 3y the %overnment o1 India or 3y its .redecessor
%overnment9
)orro4ing 3y the
%overnment o1
India9
"u3s9 3y the (adras "tate :Alteration o1 Name< Act, 7>K :FA o1 7>K<, s9 8, 1or
?(adras@ :49e919 8;;7>7<9
)orro4ing 3y
"tates9
Arts. 67PAC67A9<
=8
:8< A consent under clause :A< may 3e granted su3Nect
to such conditions, i1 any, as the %overnment o1 India
may thinE Bt to im.ose9
&HAPTE$ III9CP$OPE$T0, &ONT$A&T", $I%HT",
LIA)ILITIE", O)LI%ATION" AND "'IT"
294. As 1rom the commencement o1 this
&onstitutionC
:a< all .ro.erty and assets 4hich immediately
3e1ore such commencement 4ere vested in His
(aNesty 1or the .ur.oses o1 the %overnment o1 the
Dominion o1 India and all .ro.erty and assets 4hich
immediately 3e1ore such commencement 4ere vested
in His (aNesty 1or the .ur.oses o1 the %overnment
o1 each %overnorOs Province shall vest res.ectively
in the 'nion and the corres.onding "tate, and
:b< all rights, lia3ilities and o3ligations o1 the
%overnment o1 the Dominion o1 India and o1 the
%overnment o1 each %overnorOs Province, 4hether
arising out o1 any contract or other4ise, shall 3e the
rights, lia3ilities and o3ligations res.ectively o1 the
%overnment o1 India and the %overnment o1 each
corres.onding "tate,
su3Nect to any adNustment made or to 3e made 3y reason
o1 the creation 3e1ore the commencement o1 this
&onstitution o1 the Dominion o1 PaEistan or o1 the
Provinces o1 West )engal, East )engal, West PunNa3 and
East PunNa39
295. :< As 1rom the commencement o1 this
&onstitutionC
:a< all .ro.erty and assets 4hich immediately
3e1ore such commencement 4ere vested in any
Indian "tate corres.onding to a "tate s.eciBed in
Part ) o1 the First "chedule shall vest in the 'nion,
i1 the .ur.oses 1or 4hich such .ro.erty and assets
4ere held immediately 3e1ore such commencement
4ill therea1ter 3e .ur.oses o1 the 'nion relating to
any o1 the matters enumerated in the 'nion List,
and
"uccession to
.ro.erty, assets,
rights, lia3ilities
and o3ligations in
certain cases9
"uccession to
.ro.erty, assets,
rights, lia3ilities
and o3ligations in
other cases9
Arts. 67AC67F9<
=F
:b< all rights, lia3ilities and o3ligations o1 the
%overnment o1 any Indian "tate corres.onding to a
"tate s.eciBed in Part ) o1 the First "chedule, 4hether
arising out o1 any contract or other4ise, shall 3e the
rights, lia3ilities and o3ligations o1 the %overnment
o1 India, i1 the .ur.oses 1or 4hich such rights 4ere
acDuired or lia3ilities or o3ligations 4ere incurred
3e1ore such commencement 4ill therea1ter 3e
.ur.oses o1 the %overnment o1 India relating to any
o1 the matters enumerated in the 'nion List,
su3Nect to any agreement entered into in that 3ehal1 3y the
%overnment o1 India 4ith the %overnment o1 that
"tate9
:6< "u3Nect as a1oresaid, the %overnment o1 each "tate
s.eciBed in Part ) o1 the First "chedule shall, as 1rom the
commencement o1 this &onstitution, 3e the successor o1
the %overnment o1 the corres.onding Indian "tate as
regards all .ro.erty and assets and all rights, lia3ilities
and o3ligations, 4hether arising out o1 any contract or
other4ise, other than those re1erred to in clause :<9
296. "u3Nect as hereina1ter .rovided, any .ro.erty in
the territory o1 India 4hich, i1 this &onstitution had not
come into o.eration, 4ould have accrued to His (aNesty
or, as the case may 3e, to the $uler o1 an Indian "tate 3y
escheat or la.se, or as bona +acantia 1or 4ant o1 a right1ul
o4ner, shall, i1 it is .ro.erty situate in a "tate, vest in
such "tate, and shall, in any other case, vest in the 'nion,
Provided that any .ro.erty 4hich at the date 4hen
it 4ould have so accrued to His (aNesty or to the $uler
o1 an Indian "tate 4as in the .ossession or under the
control o1 the %overnment o1 India or the %overnment
o1 a "tate shall, according as the .ur.oses 1or 4hich it
4as then used or held 4ere .ur.oses o1 the 'nion or o1
a "tate, vest in the 'nion or in that "tate9
"xp#anation.:In this article, the e2.ressions ?$uler@
and ?Indian "tate@ have the same meanings as in
article A>A9
Pro.erty accruing
3y escheat or la.se
or as bona +acantia.
Arts. 67F;67>9<
=>
!297. :< All lands, minerals and other things o1 value
underlying the ocean 4ithin the territorial 4aters, or the
continental shel1, or the e2clusive economic +one, o1 India
shall vest in the 'nion and 3e held 1or the .ur.oses o1
the 'nion9
:6< All other resources o1 the e2clusive economic +one
o1 India shall also vest in the 'nion and 3e held 1or the
.ur.oses o1 the 'nion9
:A< The limits o1 the territorial 4aters, the continental
shel1, the e2clusive economic +one, and other maritime
+ones, o1 India shall 3e such as may 3e s.eciBed, 1rom
time to time, 3y or under any la4 made 3y Parliament9*
6!298. The e2ecutive .o4er o1 the 'nion and o1 each
"tate shall e2tend to the carrying on o1 any trade or
3usiness and to the acDuisition, holding and dis.osal o1
.ro.erty and the maEing o1 contracts 1or any .ur.ose,
Provided thatC
:a< the said e2ecutive .o4er o1 the 'nion shall, in
so 1ar as such trade or 3usiness or such .ur.ose is
not one 4ith res.ect to 4hich Parliament may maEe
la4s, 3e su3Nect in each "tate to legislation 3y the
"tate/ and
:b< the said e2ecutive .o4er o1 each "tate shall,
in so 1ar as such trade or 3usiness or such .ur.ose
is not one 4ith res.ect to 4hich the "tate Legislature
may maEe la4s, 3e su3Nect to legislation 3y
Parliament9*
299. :< All contracts made in the e2ercise o1 the
e2ecutive .o4er o1 the 'nion or o1 a "tate shall 3e
e2.ressed to 3e made 3y the President, or 3y the
%overnor AHHH o1 the "tate, as the case may 3e, and all
such contracts and all assurances o1 .ro.erty made in
the e2ercise o1 that .o4er shall 3e e2ecuted on 3ehal1 o1
Things o1 value
4ithin territorial
4aters or
continental shel1
and resources o1
the e2clusive
economic +one to
vest in the 'nion9
&ontracts9
"u3s9 3y the &onstitution :Fortieth Amendment< Act, 7=>, s9 6, 1or art9 67= :49e919
6=;F;7=><9
6"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 6P, 1or art9 67K9
AThe 4ords ?or the $aN.ramuEh? omitted 3y s9 67 and "ch9, ibid9
Po4er to carry on
trade, etc9
Arts. 67=C6779<
==
the President or the %overnor HHH 3y such .ersons and in
such manner as he may direct or authorise9
:6< Neither the President nor the %overnor 6HHH shall
3e .ersonally lia3le in res.ect o1 any contract or assurance
made or e2ecuted 1or the .ur.oses o1 this &onstitution,
or 1or the .ur.oses o1 any enactment relating to the
%overnment o1 India hereto1ore in 1orce, nor shall any
.erson maEing or e2ecuting any such contract or
assurance on 3ehal1 o1 any o1 them 3e .ersonally lia3le
in res.ect thereo19
300. :< The %overnment o1 India may sue or 3e sued
3y the name o1 the 'nion o1 India and the %overnment
o1 a "tate may sue or 3e sued 3y the name o1 the "tate and
may, su3Nect to any .rovisions 4hich may 3e made 3y
Act o1 Parliament or o1 the Legislature o1 such "tate
enacted 3y virtue o1 .o4ers con1erred 3y this &onstitution,
sue or 3e sued in relation to their res.ective aGairs in the
liEe cases as the Dominion o1 India and the corres.onding
Provinces or the corres.onding Indian "tates might have
sued or 3een sued i1 this &onstitution had not 3een
enacted9
:6< I1 at the commencement o1 this &onstitutionC
:a< any legal .roceedings are .ending to 4hich
the Dominion o1 India is a .arty, the 'nion o1 India
shall 3e deemed to 3e su3stituted 1or the Dominion
in those .roceedings/ and
:b< any legal .roceedings are .ending to 4hich a
Province or an Indian "tate is a .arty, the
corres.onding "tate shall 3e deemed to 3e su3stituted
1or the Province or the Indian "tate in those
.roceedings9
A!&HAPTE$ I#9C$I%HT TO P$OPE$T0
300A. No .erson shall 3e de.rived o1 his .ro.erty
save 3y authority o1 la49*
"uits and
.roceedings9
Persons not to 3e
de.rived o1
.ro.erty save 3y
authority o1 la49
The 4ords ?or the $aN.ramuEh? omitted 3y the &onstitution :"eventh Amendment<
Act, 7F>, s9 67 and "ch9
6The 4ords ?nor the $aN.ramuEh? omitted 3y s9 67 and "ch9, ibid9
AIns9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 A8 :49e919
6P;>;7=7<9
Arts. 677CAPPA9<
=K
PART 4III
T$ADE, &O((E$&E AND INTE$&O'$"E
WITHIN THE TE$$ITO$0 OF INDIA
301. "u3Nect to the other .rovisions o1 this Part, trade,
commerce and intercourse throughout the territory o1
India shall 3e 1ree9
302. Parliament may 3y la4 im.ose such restrictions
on the 1reedom o1 trade, commerce or intercourse
3et4een one "tate and another or 4ithin any .art o1 the
territory o1 India as may 3e reDuired in the .u3lic interest9
303. :< Not4ithstanding anything in article AP6,
neither Parliament nor the Legislature o1 a "tate shall
have .o4er to maEe any la4 giving, or authorising the
giving o1, any .re1erence to one "tate over another, or
maEing, or authorising the maEing o1, any discrimination
3et4een one "tate and another, 3y virtue o1 any entry
relating to trade and commerce in any o1 the Lists in the
"eventh "chedule9
:6< Nothing in clause :< shall .revent Parliament
1rom maEing any la4 giving, or authorising the giving
o1, any .re1erence or maEing, or authorising the maEing
o1, any discrimination i1 it is declared 3y such la4 that
it is necessary to do so 1or the .ur.ose o1 dealing 4ith
a situation arising 1rom scarcity o1 goods in any .art o1
the territory o1 India9
304. Not4ithstanding anything in article AP or article
APA, the Legislature o1 a "tate may 3y la4C
:a< im.ose on goods im.orted 1rom other "tates
!or the 'nion territories* any ta2 to 4hich similar
goods manu1actured or .roduced in that "tate are
su3Nect, so, ho4ever, as not to discriminate 3et4een
goods so im.orted and goods so manu1actured or
.roduced/ and
=7
Freedom o1 trade,
commerce and
intercourse9
Po4er o1
Parliament to
im.ose restrictions
on trade, commerce
and intercourse9
$estrictions on the
legislative .o4ers
o1 the 'nion and
o1 the "tates 4ith
regard to trade
and commerce9
$estrictions on
trade, commerce
and intercourse
among "tates9
Ins9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9
:b< im.ose such reasona3le restrictions on the
1reedom o1 trade, commerce or intercourse 4ith or
4ithin that "tate as may 3e reDuired in the .u3lic
interest,
Provided that no )ill or amendment 1or the .ur.oses
o1 clause :b< shall 3e introduced or moved in the
Legislature o1 a "tate 4ithout the .revious sanction o1
the President9
!305. Nothing in articles AP and APA shall aGect
the .rovisions o1 any e2isting la4 e2ce.t in so 1ar as the
President may 3y order other4ise direct/ and nothing in
article AP shall aGect the o.eration o1 any la4 made
3e1ore the commencement o1 the &onstitution :Fourth
Amendment< Act, 7FF, in so 1ar as it relates to, or .revent
Parliament or the Legislature o1 a "tate 1rom maEing any
la4 relating to, any such matter as is re1erred to in su3clause
:ii< o1 clause :>< o1 article 79*
306. !%ower o! certain States in %art 1 o! the *irst Schedu#e
to impose restrictions on trade and commerce.* Rep. by the
Constitution (Se+enth Amendment) Act 7F>, s. 67 and Sch.
307. Parliament may 3y la4 a..oint such authority
as it considers a..ro.riate 1or carrying out the .ur.oses
o1 articles AP, AP6, APA and AP8, and con1er on the
authority so a..ointed such .o4ers and such duties as
it thinEs necessary9
"aving o1 e2isting
la4s and la4s
.roviding 1or "tate
mono.olies9
A..ointment o1
authority 1or
carrying out the
.ur.oses o1 articles
AP to AP89
"u3s9 3y the &onstitution :Fourth Amendment< Act, 7FF, s9 8, 1or art9 APF9
:%art 9$$$.CTrade Commerce and $ntercourse within the
Territory o! $ndia.:Arts. @ABC@AC.<
KP
PART 4IV
"E$#I&E" 'NDE$ THE 'NION AND THE "TATE"
&HAPTE$ I9C"E$#I&E"
308. In this Part, unless the conte2t other4ise
reDuires, the e2.ression ?"tate@ !does not include the
"tate o1 -ammu and Rashmir*9
Acts o1 the a..ro.riate Legislature may regulate the
recruitment, and conditions o1 service o1 .ersons
a..ointed, to .u3lic services and .osts in connection
4ith the aGairs o1 the 'nion or o1 any "tate,
Provided that it shall 3e com.etent 1or the President
or such .erson as he may direct in the case o1 services
and .osts in connection 4ith the aGairs o1 the 'nion,
and 1or the %overnor 6HHH o1 a "tate or such .erson as he
may direct in the case o1 services and .osts in connection
4ith the aGairs o1 the "tate, to maEe rules regulating the
recruitment, and the conditions o1 service o1 .ersons
a..ointed, to such services and .osts until .rovision in
that 3ehal1 is made 3y or under an Act o1 the a..ro.riate
Legislature under this article, and any rules so made
shall have eGect su3Nect to the .rovisions o1 any such
Act9
310. :< E2ce.t as e2.ressly .rovided 3y this
&onstitution, every .erson 4ho is a mem3er o1 a de1ence
service or o1 a civil service o1 the 'nion or o1 an
all;India service or holds any .ost connected 4ith de1ence
or any civil .ost under the 'nion holds oMce during the
.leasure o1 the President, and every .erson 4ho is a
mem3er o1 a civil service o1 a "tate or holds any civil
.ost under a "tate holds oMce during the .leasure o1
the %overnor AHHH o1 the "tate9
:6< Not4ithstanding that a .erson holding a civil
.ost under the 'nion or a "tate holds oMce during the
K
Inter.retation9
$ecruitment and
conditions o1
service o1 .ersons
serving the 'nion
or a "tate9
Tenure o1 oMce o1
.ersons serving the
'nion or a "tate9
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9, 1or ?means
a "tate s.eciBed in Part A or Part ) o1 the First "chedule@9
6The 4ords ?or $aN.ramuEh@ omitted 3y s9 67 and "ch9, ibid9
AThe 4ords ?or, as the case may 3e, the $aN.ramuEh@ omitted 3y s9 67 and "ch9, ibid9
.leasure o1 the President or, as the case may 3e, o1 the
%overnor HHH o1 the "tate, any contract under 4hich a
.erson, not 3eing a mem3er o1 a de1ence service or o1 an
all;India service or o1 a civil service o1 the 'nion or a
"tate, is a..ointed under this &onstitution to hold such
a .ost may, i1 the President or the %overnor 6HHH, as the
case may 3e, deems it necessary in order to secure the
services o1 a .erson having s.ecial DualiBcations, .rovide
1or the .ayment to him o1 com.ensation, i1 3e1ore the
e2.iration o1 an agreed .eriod that .ost is a3olished or
he is, 1or reasons not connected 4ith any misconduct on
his .art, reDuired to vacate that .ost9
311. :< No .erson 4ho is a mem3er o1 a civil service
o1 the 'nion or an all;India service or a civil service
o1 a "tate or holds a civil .ost under the 'nion or a
"tate shall 3e dismissed or removed 3y an authority
su3ordinate to that 3y 4hich he 4as a..ointed9
A!:6< No such .erson as a1oresaid shall 3e dismissed
or removed or reduced in ranE e2ce.t a1ter an inDuiry in
4hich he has 3een in1ormed o1 the charges against him
and given a reasona3le o..ortunity o1 3eing heard in
res.ect o1 those charges 8HHH,
F!Provided that 4here it is .ro.osed a1ter such
inDuiry, to im.ose u.on him any such .enalty, such
.enalty may 3e im.osed on the 3asis o1 the evidence
adduced during such inDuiry and it shall not 3e necessary
to give such .erson any o..ortunity o1 maEing re.resentation
on the .enalty .ro.osed,
Provided 1urther that this clause shall not a..lyC*
:a< 4here a .erson is dismissed or removed or
reduced in ranE on the ground o1 conduct 4hich has
led to his conviction on a criminal charge/ or
Dismissal, removal
or reduction in ranE
o1 .ersons
em.loyed in civil
ca.acities under the
'nion or a "tate9
The 4ords ?or the $aN.ramuEh@ omitted 3y the &onstitution :"eventh Amendment<
Act, 7F>, s9 67 and "ch9
6The 4ords ?or the $aN.ramuEh@ omitted 3y s9 67 and "ch9, ibid9
A"u3s9 3y the &onstitution :Fi1teenth Amendment< Act, 7>A, s9 P, 1or cls9 :6< and :A<9
8&ertain 4ords omitted 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 88
:49e919 A;;7==<9
F"u3s9 3y s9 88, ibid9, 1or certain 4ords :49e919 A;;7==<9
:%art 9$4.CSer+ices under the Union and the States.:
Arts. APCA9<
K6
:b< 4here the authority em.o4ered to dismiss or
remove a .erson or to reduce him in ranE is satisBed
that 1or some reason, to 3e recorded 3y that authority
in 4riting, it is not reasona3ly .ractica3le to hold
such inDuiry/ or
:c< 4here the President or the %overnor, as the
case may 3e, is satisBed that in the interest o1 the
security o1 the "tate it is not e2.edient to hold such
inDuiry9
:A< I1, in res.ect o1 any such .erson as a1oresaid, a
Duestion arises 4hether it is reasona3ly .ractica3le to hold
such inDuiry as is re1erred to in clause :6<, the decision
thereon o1 the authority em.o4ered to dismiss or remove
such .erson or to reduce him in ranE shall 3e Bnal9*
312. :< Not4ithstanding anything in !&ha.ter #I o1
Part #I or Part SI*, i1 the &ouncil o1 "tates has declared
3y resolution su..orted 3y not less than t4o;thirds o1 the
mem3ers .resent and voting that it is necessary or
e2.edient in the national interest so to do, Parliament
may 3y la4 .rovide 1or the creation o1 one or more all
India services 6!:including an all;India Nudicial service<*
common to the 'nion and the "tates, and, su3Nect to the
other .rovisions o1 this &ha.ter, regulate the recruitment,
and the conditions o1 service o1 .ersons a..ointed, to
any such service9
:6< The services Eno4n at the commencement o1 this
&onstitution as the Indian Administrative "ervice and
the Indian Police "ervice shall 3e deemed to 3e services
created 3y Parliament under this article9
6!:A< The all;India Nudicial service re1erred to in clause
:< shall not include any .ost in1erior to that o1 a district
Nudge as deBned in article 6A>9
:8< The la4 .roviding 1or the creation o1 the
all;India Nudicial service a1oresaid may contain such
.rovisions 1or the amendment o1 &ha.ter #I o1 Part #I
All;India services9
"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 8F, 1or ?Part SI@
:49e919 A;;7==<9
6Ins9 3y s9 8F, ibid9 :49e919 A;;7==<9
Arts. ACA69<
KA
as may 3e necessary 1or giving eGect to the .rovisions o1
that la4 and no such la4 shall 3e deemed to 3e an
amendment o1 this &onstitution 1or the .ur.oses o1
article A>K9*
!312A. :< Parliament may 3y la4C
:a< vary or revoEe, 4hether .ros.ectively or
retros.ectively, the conditions o1 services as res.ects
remuneration, leave and .ension and the rights as
res.ects disci.linary matters o1 .ersons 4ho, having
3een a..ointed 3y the "ecretary o1 "tate or "ecretary
o1 "tate in &ouncil to a civil service o1 the &ro4n in
India 3e1ore the commencement o1 this &onstitution,
continue on and a1ter the commencement o1 the
&onstitution :T4enty;eighth Amendment< Act, 7=6,
to serve under the %overnment o1 India or o1 a "tate
in any service or .ost/
:b< vary or revoEe, 4hether .ros.ectively or
retros.ectively, the conditions o1 service as res.ects
.ension o1 .ersons 4ho, having 3een a..ointed 3y
the "ecretary o1 "tate or "ecretary o1 "tate in &ouncil
to a civil service o1 the &ro4n in India 3e1ore the
commencement o1 this &onstitution, retired or
other4ise ceased to 3e in service at any time 3e1ore
the commencement o1 the &onstitution :T4entyeighth
Amendment< Act, 7=6,
Provided that in the case o1 any such .erson 4ho is
holding or has held the oMce o1 the &hie1 -ustice or other
-udge o1 the "u.reme &ourt or a High &ourt, the
&om.troller and Auditor;%eneral o1 India, the &hairman
or other mem3er o1 the 'nion or a "tate Pu3lic "ervice
&ommission or the &hie1 Election &ommissioner, nothing
in su3;clause :a< or su3;clause :b< shall 3e construed as
em.o4ering Parliament to vary or revoEe, a1ter his
a..ointment to such .ost, the conditions o1 his service to
his disadvantage e2ce.t in so 1ar as such conditions o1
service are a..lica3le to him 3y reason o1 his 3eing
a .erson a..ointed 3y the "ecretary o1 "tate or "ecretary
o1 "tate in &ouncil to a civil service o1 the &ro4n in
India9
Po4er o1
Parliament to vary
or revoEe
conditions o1
service o1 oMcers
o1 certain services9
Ins9 3y the &onstitution :T4enty;eighth Amendment< Act, 7=6, s9 6 :49e919 67;K;7=6<9
Arts. A6CA6A9<
K8
:6< E2ce.t to the e2tent .rovided 1or 3y Parliament
3y la4 under this article, nothing in this article shall
aGect the .o4er o1 any Legislature or other authority
under any other .rovision o1 this &onstitution to regulate
the conditions o1 service o1 .ersons re1erred to in
clause :<9
:A< Neither the "u.reme &ourt nor any other court
shall have Nurisdiction inC
:a< any dis.ute arising out o1 any .rovision o1, or
any endorsement on, any covenant, agreement or
other similar instrument 4hich 4as entered into or
e2ecuted 3y any .erson re1erred to in clause :<, or
arising out o1 any letter issued to such .erson, in
relation to his a..ointment to any civil service o1
the &ro4n in India or his continuance in service
under the %overnment o1 the Dominion o1 India or
a Province thereo1/
:b< any dis.ute in res.ect o1 any right, lia3ility or
o3ligation under article A8 as originally enacted9
:8< The .rovisions o1 this article shall have eGect
not4ithstanding anything in article A8 as originally
enacted or in any other .rovision o1 this &onstitution9*
313. 'ntil other .rovision is made in this 3ehal1 under
this &onstitution, all the la4s in 1orce immediately 3e1ore
the commencement o1 this &onstitution and a..lica3le to
any .u3lic service or any .ost 4hich continues to e2ist
a1ter the commencement o1 this &onstitution, as an all;
India service or as service or .ost under the 'nion or a
"tate shall continue in 1orce so 1ar as consistent 4ith the
.rovisions o1 this &onstitution9
314. !%ro+ision !or protection o! existin( o6cers o! certain
ser+ices.* Rep. by the Constitution (Twenty-ei(hth Amendment)
Act 7=6, s. A (w.e.!. 67;K;7=6<9
&HAPTE$ II9C P')LI& "E$#I&E &O((I""ION"
315. :< "u3Nect to the .rovisions o1 this article, there
shall 3e a Pu3lic "ervice &ommission 1or the 'nion and
a Pu3lic "ervice &ommission 1or each "tate9
Transitional
.rovisions9
Pu3lic "ervice
&ommissions 1or
the 'nion and 1or
the "tates9
Arts. A6ACAF9<
KF
:6< T4o or more "tates may agree that there shall 3e
one Pu3lic "ervice &ommission 1or that grou. o1 "tates,
and i1 a resolution to that eGect is .assed 3y the House
or, 4here there are t4o Houses, 3y each House o1 the
Legislature o1 each o1 those "tates, Parliament may 3y
la4 .rovide 1or the a..ointment o1 a -oint "tate Pu3lic
"ervice &ommission :re1erred to in this &ha.ter as -oint
&ommission< to serve the needs o1 those "tates9
:A< Any such la4 as a1oresaid may contain such
incidental and conseDuential .rovisions as may 3e
necessary or desira3le 1or giving eGect to the .ur.oses o1
the la49
:8< The Pu3lic "ervice &ommission 1or the 'nion, i1
reDuested so to do 3y the %overnor HHH o1 a "tate, may,
4ith the a..roval o1 the President, agree to serve all or
any o1 the needs o1 the "tate9
:F< $e1erences in this &onstitution to the 'nion Pu3lic
"ervice &ommission or a "tate Pu3lic "ervice &ommission
shall, unless the conte2t other4ise reDuires, 3e construed
as re1erences to the &ommission serving the needs o1 the
'nion or, as the case may 3e, the "tate as res.ects the
.articular matter in Duestion9
316. :< The &hairman and other mem3ers o1 a Pu3lic
"ervice &ommission shall 3e a..ointed, in the case o1 the
'nion &ommission or a -oint &ommission, 3y the
President, and in the case o1 a "tate &ommission, 3y the
%overnor HHH o1 the "tate,
Provided that as nearly as may 3e one;hal1 o1 the
mem3ers o1 every Pu3lic "ervice &ommission shall 3e
.ersons 4ho at the dates o1 their res.ective a..ointments
have held oMce 1or at least ten years either under the
%overnment o1 India or under the %overnment o1 a "tate,
and in com.uting the said .eriod o1 ten years any .eriod
3e1ore the commencement o1 this &onstitution during
4hich a .erson has held oMce under the &ro4n in India
or under the %overnment o1 an Indian "tate shall 3e
included9
A..ointment and
term o1 oMce o1
mem3ers9
7F>, s9 67 and "ch9
Arts. AFCA>9<
K>
!:A< I1 the oMce o1 the &hairman o1 the &ommission
3ecomes vacant or i1 any such &hairman is 3y reason o1
a3sence or 1or any other reason una3le to .er1orm the
duties o1 his oMce, those duties shall, until some .erson
a..ointed under clause :< to the vacant oMce has
entered on the duties thereo1 or, as the case may 3e,
until the &hairman has resumed his duties, 3e .er1ormed
3y such one o1 the other mem3ers o1 the &ommission as
the President, in the case o1 the 'nion &ommission or a
-oint &ommission, and the %overnor o1 the "tate in the
case o1 a "tate &ommission, may a..oint 1or the
.ur.ose9
:6< A mem3er o1 a Pu3lic "ervice &ommission shall
hold oMce 1or a term o1 si2 years 1rom the date on 4hich
he enters u.on his oMce or until he attains, in the case
o1 the 'nion &ommission, the age o1 si2ty;Bve years,
and in the case o1 a "tate &ommission or a -oint
&ommission, the age o1 6!si2ty;t4o years*, 4hichever is
earlier,
Provided thatC
:a< a mem3er o1 a Pu3lic "ervice &ommission may,
3y 4riting under his hand addressed, in the case
o1 the 'nion &ommission or a -oint &ommission, to
the President, and in the case o1 a "tate &ommission,
to the %overnor AHHH o1 the "tate, resign his oMce/
:b< a mem3er o1 a Pu3lic "ervice &ommission may
3e removed 1rom his oMce in the manner .rovided
in clause :< or clause :A< o1 article A=9
:A< A .erson 4ho holds oMce as a mem3er o1 a
Pu3lic "ervice &ommission shall, on the e2.iration o1 his
term o1 oMce, 3e ineligi3le 1or re;a..ointment to that
oMce9
317. :< "u3Nect to the .rovisions o1 clause :A<, the
&hairman or any other mem3er o1 a Pu3lic "ervice
&ommission shall only 3e removed 1rom his oMce 3y
$emoval and
sus.ension o1 a
mem3er o1 a Pu3lic
"ervice &ommission9
Ins9 3y the &onstitution :Fi1teenth Amendment< Act, 7>A, s9 9
6"u3s9 3y the &onstitution :Forty;Brst Amendment< Act, 7=>, s9 6, 1or ?si2ty years@9
7F>, s9 67 and "ch9
Arts. A>CA=9<
K=
order o1 the President on the ground o1 mis3ehaviour
a1ter the "u.reme &ourt, on re1erence 3eing made to it 3y
the President, has, on inDuiry held in accordance 4ith
the .rocedure .rescri3ed in that 3ehal1 under article 8F,
re.orted that the &hairman or such other mem3er, as the
case may 3e, ought on any such ground to 3e removed9
:6< The President, in the case o1 the 'nion &ommission
or a -oint &ommission, and the %overnor HHH in the case
o1 a "tate &ommission, may sus.end 1rom oMce the
&hairman or any other mem3er o1 the &ommission in
res.ect o1 4hom a re1erence has 3een made to the "u.reme
&ourt under clause :< until the President has .assed
orders on recei.t o1 the re.ort o1 the "u.reme &ourt on
such re1erence9
:A< Not4ithstanding anything in clause :<, the
President may 3y order remove 1rom oMce the &hairman
or any other mem3er o1 a Pu3lic "ervice &ommission i1
the &hairman or such other mem3er, as the case may
3e,C
:a< is adNudged an insolvent/ or
:b< engages during his term o1 oMce in any .aid
em.loyment outside the duties o1 his oMce/ or
:c< is, in the o.inion o1 the President, unBt to
continue in oMce 3y reason o1 inBrmity o1 mind or
3ody9
:8< I1 the &hairman or any other mem3er o1 a Pu3lic
"ervice &ommission is or 3ecomes in any 4ay concerned
or interested in any contract or agreement made 3y or on
3ehal1 o1 the %overnment o1 India or the %overnment o1
a "tate or .artici.ates in any 4ay in the .roBt thereo1 or
in any 3eneBt or emolument arising there1rom other4ise
than as a mem3er and in common 4ith the other
mem3ers o1 an incor.orated com.any, he shall, 1or the
.ur.oses o1 clause :<, 3e deemed to 3e guilty o1
mis3ehaviour9
7F>, s9 67 and "ch9
Art. A=9<
KK
318. In the case o1 the 'nion &ommission or a -oint
&ommission, the President and, in the case o1 a "tate
&ommission, the %overnor HHH o1 the "tate may 3y
regulationsC
:a< determine the num3er o1 mem3ers o1 the
&ommission and their conditions o1 service/ and
:b< maEe .rovision 4ith res.ect to the num3er o1
mem3ers o1 the staG o1 the &ommission and their
conditions o1 service,
Provided that the conditions o1 service o1 a mem3er
o1 a Pu3lic "ervice &ommission shall not 3e varied to his
disadvantage a1ter his a..ointment9
319. On ceasing to hold oMceC
:a< the &hairman o1 the 'nion Pu3lic "ervice
&ommission shall 3e ineligi3le 1or 1urther
em.loyment either under the %overnment o1 India
or under the %overnment o1 a "tate/
:b< the &hairman o1 a "tate Pu3lic "ervice
&ommission shall 3e eligi3le 1or a..ointment as the
&hairman or any other mem3er o1 the 'nion Pu3lic
"ervice &ommission or as the &hairman o1 any other
"tate Pu3lic "ervice &ommission, 3ut not 1or any
other em.loyment either under the %overnment o1
India or under the %overnment o1 a "tate/
:c< a mem3er other than the &hairman o1 the
'nion Pu3lic "ervice &ommission shall 3e eligi3le
1or a..ointment as the &hairman o1 the 'nion Pu3lic
"ervice &ommission, or as the &hairman o1 a "tate
Pu3lic "ervice &ommission, 3ut not 1or any other
em.loyment either under the %overnment o1 India
or under the %overnment o1 a "tate/
:d< a mem3er other than the &hairman o1 a "tate
Pu3lic "ervice &ommission shall 3e eligi3le 1or
a..ointment as the &hairman or any other mem3er
Po4er to maEe
regulations as to
conditions o1
service o1 mem3ers
and staG o1 the
&ommission9
Prohi3ition as to
the holding o1
oMces 3y mem3ers
o1 &ommission on
ceasing to 3e such
mem3ers9
7F>, s9 67 and "ch9
(:%art 9$4.CSer+ices under the Union and the States.:
Arts. AKCA79<
K7
o1 the 'nion Pu3lic "ervice &ommission or as the
&hairman o1 that or any other "tate Pu3lic "ervice
&ommission, 3ut not 1or any other em.loyment either
under the %overnment o1 India or under the
%overnment o1 a "tate9
320. :< It shall 3e the duty o1 the 'nion and the "tate
Pu3lic "ervice &ommissions to conduct e2aminations 1or
a..ointments to the services o1 the 'nion and the services
o1 the "tate res.ectively9
:6< It shall also 3e the duty o1 the 'nion Pu3lic "ervice
&ommission, i1 reDuested 3y any t4o or more "tates so to
do, to assist those "tates in 1raming and o.erating schemes
o1 Noint recruitment 1or any services 1or 4hich candidates
.ossessing s.ecial DualiBcations are reDuired9
:A< The 'nion Pu3lic "ervice &ommission or the "tate
Pu3lic "ervice &ommission, as the case may 3e, shall 3e
consultedC
:a< on all matters relating to methods o1
recruitment to civil services and 1or civil .osts/
:b< on the .rinci.les to 3e 1ollo4ed in maEing
a..ointments to civil services and .osts and in
maEing .romotions and trans1ers 1rom one service
to another and on the suita3ility o1 candidates 1or
such a..ointments, .romotions or trans1ers/
:c< on all disci.linary matters aGecting a .erson
serving under the %overnment o1 India or the
%overnment o1 a "tate in a civil ca.acity, including
memorials or .etitions relating to such matters/
:d< on any claim 3y or in res.ect o1 a .erson 4ho
is serving or has served under the %overnment o1
India or the %overnment o1 a "tate or under the
&ro4n in India or under the %overnment o1 an Indian
"tate, in a civil ca.acity, that any costs incurred 3y
him in de1ending legal .roceedings instituted against
him in res.ect o1 acts done or .ur.orting to 3e done
in the e2ecution o1 his duty should 3e .aid out o1 the
Functions o1
Pu3lic "ervice
&ommissions9
Arts. A7CA6P9<
7P
&onsolidated Fund o1 India, or, as the case may 3e,
out o1 the &onsolidated Fund o1 the "tate/
:e< on any claim 1or the a4ard o1 a .ension in
res.ect o1 inNuries sustained 3y a .erson 4hile
serving under the %overnment o1 India or the
%overnment o1 a "tate or under the &ro4n in India
or under the %overnment o1 an Indian "tate, in a
civil ca.acity, and any Duestion as to the amount o1
any such a4ard,
and it shall 3e the duty o1 a Pu3lic "ervice &ommission
to advise on any matter so re1erred to them and on any
other matter 4hich the President, or, as the case may 3e,
the %overnor HHH o1 the "tate, may re1er to them,
Provided that the President as res.ects the all;India
services and also as res.ects other services and .osts in
connection 4ith the aGairs o1 the 'nion, and the
%overnor 6HHH, as res.ects other services and .osts in
connection 4ith the aGairs o1 a "tate, may maEe
regulations s.eci1ying the matters in 4hich either
generally, or in any .articular class o1 case or in any
.articular circumstances, it shall not 3e necessary 1or a
Pu3lic "ervice &ommission to 3e consulted9
:8< Nothing in clause :A< shall reDuire a Pu3lic "ervice
&ommission to 3e consulted as res.ects the manner in
4hich any .rovision re1erred to in clause :8< o1 article >
may 3e made or as res.ects the manner in 4hich eGect
may 3e given to the .rovisions o1 article AAF9
:F< All regulations made under the .roviso to
clause :A< 3y the President or the %overnor HHH o1 a "tate
shall 3e laid 1or not less than 1ourteen days 3e1ore each
House o1 Parliament or the House or each House o1 the
Legislature o1 the "tate, as the case may 3e, as soon as
.ossi3le a1ter they are made, and shall 3e su3Nect to such
modiBcations, 4hether 3y 4ay o1 re.eal or amendment,
as 3oth Houses o1 Parliament or the House or 3oth Houses
7F>, s9 67 and "ch9
6The 4ords ?or $aN.ramuEh, as the case may 3e@ omitted 3y s9 67 and "ch9, ibid9
Art. A6P9<
7
o1 the Legislature o1 the "tate may maEe during the
session in 4hich they are so laid9
321. An Act made 3y Parliament or, as the case may
3e, the Legislature o1 a "tate may .rovide 1or the e2ercise
o1 additional 1unctions 3y the 'nion Pu3lic "ervice
&ommission or the "tate Pu3lic "ervice &ommission as
res.ects the services o1 the 'nion or the "tate and also as
res.ects the services o1 any local authority or other 3ody
cor.orate constituted 3y la4 or o1 any .u3lic institution9
322. The e2.enses o1 the 'nion or a "tate Pu3lic
"ervice &ommission, including any salaries, allo4ances
and .ensions .aya3le to or in res.ect o1 the mem3ers or
staG o1 the &ommission, shall 3e charged on the
&onsolidated Fund o1 India or, as the case may 3e, the
&onsolidated Fund o1 the "tate9
323. :< It shall 3e the duty o1 the 'nion &ommission
to .resent annually to the President a re.ort as to the
4orE done 3y the &ommission and on recei.t o1 such
re.ort the President shall cause a co.y thereo1 together
4ith a memorandum e2.laining, as res.ects the cases, i1
any, 4here the advice o1 the &ommission 4as not acce.ted,
the reasons 1or such non;acce.tance to 3e laid 3e1ore
each House o1 Parliament9
:6< It shall 3e the duty o1 a "tate &ommission to
.resent annually to the %overnor HHH o1 the "tate a re.ort
as to the 4orE done 3y the &ommission, and it shall 3e
the duty o1 a -oint &ommission to .resent annually to the
%overnor HHH o1 each o1 the "tates the needs o1 4hich are
served 3y the -oint &ommission a re.ort as to the 4orE
done 3y the &ommission in relation to that "tate, and in
either case the %overnor 6HHH, shall, on recei.t o1 such
re.ort, cause a co.y thereo1 together 4ith a memorandum
e2.laining, as res.ects the cases, i1 any, 4here the advice
o1 the &ommission 4as not acce.ted, the reasons 1or
such non;acce.tance to 3e laid 3e1ore the Legislature o1
the "tate9
Po4er to e2tend
1unctions o1
Pu3lic "ervice
&ommissions9
E2.enses o1
Pu3lic "ervice
&ommissions9
$e.orts o1 Pu3lic
"ervice
&ommissions9
7F>, s9 67 and "ch9
Arts. A6PCA6A9<
76
3PART 4IVA
T$I)'NAL"
323A. :< Parliament may, 3y la4, .rovide 1or the
adNudication or trial 3y administrative tri3unals o1
dis.utes and com.laints 4ith res.ect to recruitment and
conditions o1 service o1 .ersons a..ointed to .u3lic
services and .osts in connection 4ith the aGairs o1 the
'nion or o1 any "tate or o1 any local or other authority
4ithin the territory o1 India or under the control o1 the
%overnment o1 India or o1 any cor.oration o4ned or
controlled 3y the %overnment9
:6< A la4 made under clause :< mayC
:a< .rovide 1or the esta3lishment o1 an
administrative tri3unal 1or the 'nion and a se.arate
administrative tri3unal 1or each "tate or 1or t4o or
more "tates/
:b< s.eci1y the Nurisdiction, .o4ers :including the
.o4er to .unish 1or contem.t< and authority 4hich
may 3e e2ercised 3y each o1 the said tri3unals/
:c< .rovide 1or the .rocedure :including .rovisions
as to limitation and rules o1 evidence< to 3e 1ollo4ed
3y the said tri3unals/
:d< e2clude the Nurisdiction o1 all courts, e2ce.t
the Nurisdiction o1 the "u.reme &ourt under article
A>, 4ith res.ect to the dis.utes or com.laints
re1erred to in clause :</
:e< .rovide 1or the trans1er to each such
administrative tri3unal o1 any cases .ending 3e1ore
any court or other authority immediately 3e1ore the
esta3lishment o1 such tri3unal as 4ould have 3een
4ithin the Nurisdiction o1 such tri3unal i1 the causes
o1 action on 4hich such suits or .roceedings are
3ased had arisen a1ter such esta3lishment/
:!< re.eal or amend any order made 3y the
President under clause :A< o1 article A=D/
7A
Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 8> :49e919 A;;7==<9
Administrative
tri3unals9
:(< contain such su..lemental, incidental and
conseDuential .rovisions :including .rovisions as to
1ees< as Parliament may deem necessary 1or the
eGective 1unctioning o1, and 1or the s.eedy dis.osal
o1 cases 3y, and the en1orcement o1 the orders o1,
such tri3unals9
:A< The .rovisions o1 this article shall have eGect
not4ithstanding anything in any other .rovision o1 this
&onstitution or in any other la4 1or the time 3eing in
1orce9
323B. :< The a..ro.riate Legislature may, 3y la4,
.rovide 1or the adNudication or trial 3y tri3unals o1 any
dis.utes, com.laints, or oGences 4ith res.ect to all or
any o1 the matters s.eciBed in clause :6< 4ith res.ect to
4hich such Legislature has .o4er to maEe la4s9
:6< The matters re1erred to in clause :< are the
1ollo4ing, namely,C
:a< levy, assessment, collection and en1orcement
o1 any ta2/
:b< 1oreign e2change, im.ort and e2.ort across
customs 1rontiers/
:c< industrial and la3our dis.utes/
:d< land re1orms 3y 4ay o1 acDuisition 3y the "tate
o1 any estate as deBned in article AA or o1 any rights
therein or the e2tinguishment or modiBcation o1 any
such rights or 3y 4ay o1 ceiling on agricultural land
or in any other 4ay/
:e< ceiling on ur3an .ro.erty/
:!< elections to either House o1 Parliament or the
House or either House o1 the Legislature o1 a "tate,
3ut e2cluding the matters re1erred to in article A67
and article A67A/
:(< .roduction, .rocurement, su..ly and
distri3ution o1 1ood;stuGs :including edi3le oilseeds
and oils< and such other goods as the President may,
3y .u3lic notiBcation, declare to 3e essential goods
Tri3unals 1or
other matters9
:%art 9$4A.CTribuna#s.:Arts. A6AACA6A1.<
78
1or the .ur.ose o1 this article and control o1 .rices o1
such goods/
!:h< rent, its regulation and control and tenancy issues
including the right, title and interest o1 landlords and
tenants/*
6!:i<* oGences against la4s 4ith res.ect to any o1 the
matters s.eciBed in su3;clauses :a< to A!:h<* and 1ees in
res.ect o1 any o1 those matters/
6!:-<* any matter incidental to any o1 the matters
s.eciBed in su3;clauses :a< to 8!:i<*9
:A< A la4 made under clause :< mayC
:a< .rovide 1or the esta3lishment o1 a hierarchy o1
tri3unals/
:b< s.eci1y the Nurisdiction, .o4ers :including the
.o4er to .unish 1or contem.t< and authority 4hich
may 3e e2ercised 3y each o1 the said tri3unals/
:c< .rovide 1or the .rocedure :including .rovisions
as to limitation and rules o1 evidence< to 3e 1ollo4ed
3y the said tri3unals/
:d< e2clude the Nurisdiction o1 all courts, e2ce.t the
Nurisdiction o1 the "u.reme &ourt under article A>,
4ith res.ect to all or any o1 the matters 1alling 4ithin
the Nurisdiction o1 the said tri3unals/
:e< .rovide 1or the trans1er to each such tri3unal o1
any cases .ending 3e1ore any court or any other
authority immediately 3e1ore the esta3lishment o1
such tri3unal as 4ould have 3een 4ithin the
Nurisdiction o1 such tri3unal i1 the causes o1 action on
4hich such suits or .roceedings are 3ased had arisen
a1ter such esta3lishment/
Ins9 3y the &onstitution :"eventy;B1th Amendment< Act, 77A, s9 6 :49e919 F;F;778<9
6"u3;clauses :h< and :i< re;lettered as su3;clauses :i< and :-< 3y s9 6, ibid9 :49e919
F;F;778<9
A"u3s9 3y s9 6, ibid9, 1or ?:(<@ :49e919 F;F;778<9
8"u3s9 3y s9 6, ibid9, 1or ?:h<@ :49e919 F;F;778<9
:%art 9$4A.CTribuna#s.:Art. A6A1.<
7F
:!< contain such su..lemental, incidental and
1ees< as the a..ro.riate Legislature may deem
necessary 1or the eGective 1unctioning o1, and 1or the
s.eedy dis.osal o1 cases 3y, and the en1orcement o1
the orders o1, such tri3unals9
:8< The .rovisions o1 this article shall have eGect
1orce9
"xp#anation.:In this article, ?a..ro.riate
Legislature@, in relation to any matter, means Parliament
or, as the case may 3e, a "tate Legislature com.etent to
maEe la4s 4ith res.ect to such matter in accordance
4ith the .rovisions o1 Part SI9*
:%art 9$4A.CTribuna#s.:Art. A6A1.<
7>
PART 4V
ELE&TION"
324. :< The su.erintendence, direction and control
o1 the .re.aration o1 the electoral rolls 1or, and the
conduct o1, all elections to Parliament and to the
Legislature o1 every "tate and o1 elections to the oMces
o1 President and #ice;President held under this
&onstitution HHH shall 3e vested in a &ommission
:re1erred to in this &onstitution as the Election
&ommission<9
:6< The Election &ommission shall consist o1 the &hie1
Election &ommissioner and such num3er o1 other
Election &ommissioners, i1 any, as the President may
1rom time to time B2 and the a..ointment o1 the &hie1
Election &ommissioner and other Election &ommissioners
shall, su3Nect to the .rovisions o1 any la4 made in that
3ehal1 3y Parliament, 3e made 3y the President9
:A< When any other Election &ommissioner is so
a..ointed the &hie1 Election &ommissioner shall act as
the &hairman o1 the Election &ommission9
:8< )e1ore each general election to the House o1 the
Peo.le and to the Legislative Assem3ly o1 each "tate,
and 3e1ore the Brst general election and therea1ter 3e1ore
each 3iennial election to the Legislative &ouncil o1 each
"tate having such &ouncil, the President may also a..oint
a1ter consultation 4ith the Election &ommission such
$egional &ommissioners as he may consider necessary
to assist the Election &ommission in the .er1ormance
o1 the 1unctions con1erred on the &ommission 3y
clause :<9
:F< "u3Nect to the .rovisions o1 any la4 made 3y
Parliament, the conditions o1 service and tenure o1
oMce o1 the Election &ommissioners and the $egional
&ommissioners shall 3e such as the President may 3y
rule determine,
7=
"u.erintendence,
direction and
control o1 elections
to 3e vested in an
Election
&ommission9
The 4ords ?including the a..ointment o1 election tri3unals 1or the decision o1 dou3ts
and dis.utes arising out o1 or in connection 4ith elections to Parliament and to the Legislatures
o1 "tates@ omitted 3y the &onstitution :Nineteenth Amendment< Act, 7>>, s9 69
Provided that the &hie1 Election &ommissioner shall
not 3e removed 1rom his oMce e2ce.t in liEe manner and
on the liEe grounds as a -udge o1 the "u.reme &ourt and
the conditions o1 service o1 the &hie1 Election
&ommissioner shall not 3e varied to his disadvantage
a1ter his a..ointment,
Provided 1urther that any other Election &ommissioner
or a $egional &ommissioner shall not 3e removed 1rom
oMce e2ce.t on the recommendation o1 the &hie1 Election
&ommissioner9
:>< The President, or the %overnor HHH o1 a "tate,
shall, 4hen so reDuested 3y the Election &ommission,
maEe availa3le to the Election &ommission or to a $egional
&ommissioner such staG as may 3e necessary 1or the
discharge o1 the 1unctions con1erred on the Election
&ommission 3y clause :<9
325. There shall 3e one general electoral roll 1or every
territorial constituency 1or election to either House o1
Parliament or to the House or either House o1 the
Legislature o1 a "tate and no .erson shall 3e ineligi3le
1or inclusion in any such roll or claim to 3e included
in any s.ecial electoral roll 1or any such constituency
on grounds only o1 religion, race, caste, se2 or any o1
them9
326. The elections to the House o1 the Peo.le and to
the Legislative Assem3ly o1 every "tate shall 3e on the
3asis o1 adult suGrage/ that is to say, every .erson 4ho
is a citi+en o1 India and 4ho is not less than 6!eighteen
years* o1 age on such date as may 3e B2ed in that 3ehal1
3y or under any la4 made 3y the a..ro.riate Legislature
and is not other4ise disDualiBed under this &onstitution
or any la4 made 3y the a..ro.riate Legislature on the
ground o1 non;residence, unsoundness o1 mind, crime or
corru.t or illegal .ractice, shall 3e entitled to 3e registered
as a voter at any such election9
No .erson to 3e
ineligi3le 1or
inclusion in, or to
claim to 3e
included in a
s.ecial, electoral
roll on grounds o1
religion, race,
caste or se29
Elections to the
House o1 the
Peo.le and to the
Legislative
Assem3lies o1
"tates to 3e on
the 3asis o1 adult
suGrage9
7F>, s9 67 and "ch9
6"u3s9 3y the &onstitution :"i2ty;Brst Amendment< Act, 7KK, s9 6, 1or ?t4enty;one
years@9
:%art 94.C"#ections.:Arts. A68CA6>.<
7K
Parliament may 1rom time to time 3y la4 maEe .rovision
4ith res.ect to all matters relating to, or in connection
4ith, elections to either House o1 Parliament or to the
House or either House o1 the Legislature o1 a "tate
including the .re.aration o1 electoral rolls, the
delimitation o1 constituencies and all other matters
necessary 1or securing the due constitution o1 such House
or Houses9
328. "u3Nect to the .rovisions o1 this &onstitution and
in so 1ar as .rovision in that 3ehal1 is not made 3y
Parliament, the Legislature o1 a "tate may 1rom time to
time 3y la4 maEe .rovision 4ith res.ect to all matters
relating to, or in connection 4ith, the elections to the
House or either House o1 the Legislature o1 the "tate
including the .re.aration o1 electoral rolls and all other
matters necessary 1or securing the due constitution o1
such House or Houses9
329. !Not4ithstanding anything in this &onstitution
6HHHC*
(a) the validity o1 any la4 relating to the
made under article A6= or article A6K, shall not 3e
called in Duestion in any court/
(b) no election to either House o1 Parliament or to
the House or either House o1 the Legislature o1 a
"tate shall 3e called in Duestion e2ce.t 3y an election
.etition .resented to such authority and in such
manner as may 3e .rovided 1or 3y or under any la4
made 3y the a..ro.riate Legislature9
A329A. !Specia# pro+ision as to e#ections to %ar#iament in
the case o! %rime /inister and Speaker.* Rep. by the
Constitution (*orty-!ourth Amendment) Act 7=K, s. A> (w.e.!.
6P;>;7=7<9
Po4er o1
Parliament to maEe
.rovision 4ith
res.ect to elections
to Legislatures9
Po4er o1
Legislature o1 a
"tate to maEe
.rovision 4ith
res.ect to elections
to such Legislature9
)ar to inter1erence
3y courts in
electoral matters9
"u3s9 3y the &onstitution :Thirty;ninth Amendment< Act, 7=F, s9 A, 1or certain 4ords9
6The 4ords, Bgures and letters ?3ut su3Nect to the .rovisions o1 article A67A@ omitted
3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 AF :49e919 6P;>;7=7<9
AIns9 3y the &onstitution :Thirty;ninth Amendment< Act, 7=F, s9 89
:%art 94.C"#ections.:Arts. A6=CA67A.<
77
PART 4VI
"PE&IAL P$O#I"ION" $ELATIN%
TO &E$TAIN &LA""E"
330. :< "eats shall 3e reserved in the House o1 the
Peo.le 1or C
:a< the "cheduled &astes/
!:b< the "cheduled Tri3es e2ce.t the "cheduled
Tri3es in the autonomous districts o1 Assam/ and*
:c< the "cheduled Tri3es in the autonomous
districts o1 Assam9
:6< The num3er o1 seats reserved in any "tate 6!or
'nion territory* 1or the "cheduled &astes or the "cheduled
Tri3es under clause :< shall 3ear, as nearly as may 3e,
the same .ro.ortion to the total num3er o1 seats allotted
to that "tate 6!or 'nion territory* in the House o1 the
Peo.le as the .o.ulation o1 the "cheduled &astes in the
"tate 6!or 'nion territory* or o1 the "cheduled Tri3es in
the "tate 6!or 'nion territory* or .art o1 the "tate 6!or
'nion territory, as the case may 3e, in res.ect o1 4hich
seats are so reserved, 3ears to the total .o.ulation o1 the
"tate 6!or 'nion territory*9
A!:A< Not4ithstanding anything contained in clause
:6<, the num3er o1 seats reserved in the House o1 the
Peo.le 1or the "cheduled Tri3es in the autonomous
districts o1 Assam shall 3ear to the total num3er o1 seats
allotted to that "tate a .ro.ortion not less than the
.o.ulation o1 the "cheduled Tri3es in the said autonomous
districts 3ears to the total .o.ulation o1 the "tate9*
8!"xp#anation:In this article and in article AA6, the
e2.ression ?.o.ulation@ means the .o.ulation as
6PP
$eservation o1 seats
1or "cheduled
&astes and
"cheduled Tri3es in
the House o1 the
Peo.le9
"u3s9 3y the &onstitution :Fi1ty;Brst Amendment< Act, 7K8, s9 6, 1or su3;clause :b<
:49e919 >;>;7K><9
6Ins9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9
AIns9 3y the &onstitution :Thirty;Brst Amendment< Act, 7=A, s9 A9
8Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 8= :49e919 A;;7==<9
relevant Bgures have 3een .u3lished,
.u3lished, 3e construed as a re1erence to the 6!6PP*
census9*
331. Not4ithstanding anything in article K, the
President may, i1 he is o1 o.inion that the Anglo;Indian
community is not adeDuately re.resented in the House o1
the Peo.le, nominate not more than t4o mem3ers o1 that
community to the House o1 the Peo.le9
332. :< "eats shall 3e reserved 1or the "cheduled
&astes and the "cheduled Tri3es, A!e2ce.t the "cheduled
Tri3es in the autonomous districts o1 Assam*, in the
Legislative Assem3ly o1 every "tate 8HHH9
:6< "eats shall 3e reserved also 1or the autonomous
districts in the Legislative Assem3ly o1 the "tate o1 Assam9
:A< The num3er o1 seats reserved 1or the "cheduled
&astes or the "cheduled Tri3es in the Legislative
Assem3ly o1 any "tate under clause :< shall 3ear, as
nearly as may 3e, the same .ro.ortion to the total num3er
o1 seats in the Assem3ly as the .o.ulation o1 the
"cheduled &astes in the "tate or o1 the "cheduled Tri3es
in the "tate or .art o1 the "tate, as the case may 3e, in
res.ect o1 4hich seats are so reserved, 3ears to the total
.o.ulation o1 the "tate9
F!:AA< Not4ithstanding anything contained in clause
:A<, until the taEing eGect, under article =P, o1 the readNustment,
on the 3asis o1 the Brst census a1ter the year
>!6P6>*, o1 the num3er o1 seats in the Legislative
$e.resentation o1
the Anglo;Indian
&ommunity in the
House o1 the
Peo.le9
$eservation o1 seats
1or "cheduled
&astes and
"cheduled Tri3es in
the Legislative
Assem3lies o1 the
"tates9
"u3s9 3y the &onstitution :Eighty;1ourth Amendment< Act, 6PP, s9 >, 1or ?6PPP@ and
?7=@ res.ectively9
6"u3s9 3y the &onstitution :Eighty;seventh Amendment< Act, 6PPA, s9 F, 1or ?77@9
A"u3s9 3y the &onstitution :Fi1ty;Brst Amendment< Act, 7K8, s9 A, 1or certain 4ords
:49e919 >;>;7K><9
FIns9 3y the &onstitution :Fi1ty;seventh Amendment< Act, 7K=, s9 6 :49e919
6;7;7K=<9
>"u3s9 3y the &onstitution :Eighty;1ourth Amendment< Act, 6PP, s9 =, 1or ?6PPP@9
:%art 94$.CSpecia# %ro+isions re#atin( to certain
C#asses.:Arts. AAPCAA69<
6P
Assem3lies o1 the "tates o1 Arunachal Pradesh, (eghalaya,
(i+oram and Nagaland, the seats 4hich shall 3e reserved
1or the "cheduled Tri3es in the Legislative Assem3ly o1
any such "tate shall 3e,C
:a< i1 all the seats in the Legislative Assem3ly o1
such "tate in e2istence on the date o1 coming into
1orce o1 the &onstitution :Fi1ty;seventh Amendment<
Act, 7K= :herea1ter in this clause re1erred to as the
e2isting Assem3ly< are held 3y mem3ers o1 the
"cheduled Tri3es, all the seats e2ce.t one/
:b< in any other case, such num3er o1 seats as
3ears to the total num3er o1 seats, a .ro.ortion not
less than the num3er :as on the said date< o1 mem3ers
3elonging to the "cheduled Tri3es in the e2isting
Assem3ly 3ears to the total num3er o1 seats in the
e2isting Assem3ly9*
!:A)< Not4ithstanding anything contained in clause
:A<, until the re;adNustment, under article =P, taEes eGect
on the 3asis o1 the Brst census a1ter the year 6!6P6>*, o1
the num3er o1 seats in the Legislative Assem3ly o1 the
"tate o1 Tri.ura, the seats 4hich shall 3e reserved 1or the
"cheduled Tri3es in the Legislative Assem3ly shall 3e,
such num3er o1 seats as 3ears to the total num3er o1
seats, a .ro.ortion not less than the num3er, as on the
date o1 coming into 1orce o1 the &onstitution :"eventysecond
Amendment< Act, 776, o1 mem3ers 3elonging to
the "cheduled Tri3es in the Legislative Assem3ly in
e2istence on the said date 3ears to the total num3er o1
seats in that Assem3ly9*
:8< The num3er o1 seats reserved 1or an autonomous
district in the Legislative Assem3ly o1 the "tate o1 Assam
shall 3ear to the total num3er o1 seats in that Assem3ly
a .ro.ortion not less than the .o.ulation o1 the district
3ears to the total .o.ulation o1 the "tate9
:F< The constituencies 1or the seats reserved 1or any
autonomous district o1 Assam shall not com.rise any
area outside that district AHHH9
Ins9 3y the &onstitution :"eventy;second Amendment< Act, 776, s9 6 :49e919
F;6;776<9
6"u3s9 3y the &onstitution :Eighty;1ourth Amendment< Act, 6PP, s9 =, 1or ?6PPP@9
A&ertain 4ords omitted 3y the North;Eastern Areas :$eorganisation< Act, 7= :K o1
7=<, s9 = :49e919 6;;7=6<9
6P6 THE &ON"TIT'TION OF INDIA
C#asses.:Art. AA69<
:>< No .erson 4ho is not a mem3er o1 a "cheduled
Tri3e o1 any autonomous district o1 the "tate o1 Assam
shall 3e eligi3le 1or election to the Legislative Assem3ly
o1 the "tate 1rom any constituency o1 that district HHH,
6!Provided that 1or elections to the Legislative
Assem3ly o1 the "tate o1 Assam, the re.resentation o1 the
"cheduled Tri3es and non;"cheduled Tri3es in the
constituencies included in the )odoland Territorial Areas
District, so notiBed, and e2isting .rior to the constitution
o1 )odoland Territorial Areas District, shall 3e
maintained9*
333. Not4ithstanding anything in article =P, the
%overnor AHHH o1 a "tate may, i1 he is o1 o.inion that the
Anglo;Indian community needs re.resentation in the
Legislative Assem3ly o1 the "tate and is not adeDuately
re.resented therein, 8!nominate one mem3er o1 that
community to the Assem3ly*9
.rovisions o1 this Part, the .rovisions o1 this &onstitution
relating toC
:a< the reservation o1 seats 1or the "cheduled
&astes and the "cheduled Tri3es in the House o1 the
Peo.le and in the Legislative Assem3lies o1 the "tates/
and
:b< the re.resentation o1 the Anglo;Indian
community in the House o1 the Peo.le and in the
Legislative Assem3lies o1 the "tates 3y nomination,
shall cease to have eGect on the e2.iration o1 a .eriod o1
F!si2ty years* 1rom the commencement o1 this
&onstitution,
Provided that nothing in this article shall aGect any
re.resentation in the House o1 the Peo.le or in the
Legislative Assem3ly o1 a "tate until the dissolution o1
the then e2isting House or Assem3ly, as the case may 3e9
$e.resentation o1
the Anglo;Indian
community in the
Legislative
Assem3lies o1 the
"tates9
$eservation o1
seats and s.ecial
re.resentation to
cease a1ter F!si2ty
years*9
&ertain 4ords omitted 3y the North;Eastern Areas :$eorganisation< Act, 7= :K o1
7=<, s9 = :49e919 6;;7=6<9
6Ins9 3y the &onstitution :Ninetieth Amendment< Act, 6PPA, s9 69
7F>, s9 67 and "ch9
8"u3s9 3y the &onstitution :T4enty;third Amendment< Act, 7>7, s9 8, 1or ?nominate
such num3er o1 mem3ers o1 the community to the Assem3ly as he considers a..ro.riate@9
F"u3s9 3y the &onstitution :"eventy;ninth Amendment< Act, 777, s9 6, 1or ?B1ty years@
:49e919 6F;;6PPP<9
C#asses.:Arts. AA6CAA89<
6PA
335. The claims o1 the mem3ers o1 the "cheduled
&astes and the "cheduled Tri3es shall 3e taEen into
consideration, consistently 4ith the maintenance o1
eMciency o1 administration, in the maEing o1
a..ointments to services and .osts in connection 4ith
the aGairs o1 the 'nion or o1 a "tate,
!Provided that nothing in this article shall .revent in
maEing o1 any .rovision in 1avour o1 the mem3ers o1 the
"cheduled &astes and the "cheduled Tri3es 1or rela2ation in
Duali1ying marEs in any e2amination or lo4ering the
standards o1 evaluation, 1or reservation in matters o1
.romotion to any class or classes o1 services or .osts in
connection 4ith the aGairs o1 the 'nion or o1 a "tate9*
336. :< During the Brst t4o years a1ter the
commencement o1 this &onstitution, a..ointments o1
mem3ers o1 the Anglo;Indian community to .osts in the
rail4ay, customs, .ostal and telegra.h services o1 the
'nion shall 3e made on the same 3asis as immediately
3e1ore the B1teenth day o1 August, 78=9
During every succeeding .eriod o1 t4o years, the
num3er o1 .osts reserved 1or the mem3ers o1 the said
community in the said services shall, as nearly as .ossi3le,
3e less 3y ten .er cent9 than the num3ers so reserved
during the immediately .receding .eriod o1 t4o years,
Provided that at the end o1 ten years 1rom the
commencement o1 this &onstitution all such reservations
shall cease9
:6< Nothing in clause :< shall 3ar the a..ointment o1
mem3ers o1 the Anglo;Indian community to .osts other
than, or in addition to, those reserved 1or the community
under that clause i1 such mem3ers are 1ound DualiBed
1or a..ointment on merit as com.ared 4ith the mem3ers
o1 other communities9
337. During the Brst three Bnancial years a1ter the
commencement o1 this &onstitution, the same grants, i1
any, shall 3e made 3y the 'nion and 3y each "tate 6HHH
1or the 3eneBt o1 the Anglo;Indian community in res.ect
o1 education as 4ere made in the Bnancial year ending
on the thirty;Brst day o1 (arch, 78K9
&laims o1
"cheduled &astes
and "cheduled
Tri3es to services
and .osts9
".ecial .rovision
1or Anglo;Indian
community in
certain services9
".ecial .rovision
4ith res.ect to
educational grants
1or the 3eneBt o1
Anglo;Indian
community9
Ins9 3y the &onstitution :Eighty;second Amendment< Act, 6PPP, s9 69
6P8 THE &ON"TIT'TION OF INDIA
C#asses.:Arts. AAFCAA=9<
During every succeeding .eriod o1 three years the
grants may 3e less 3y ten .er cent9 than those 1or the
immediately .receding .eriod o1 three years ,
Provided that at the end o1 ten years 1rom the
commencement o1 this &onstitution such grants, to the
e2tent to 4hich they are a s.ecial concession to the Anglo;
Indian community, shall cease,
Provided 1urther that no educational institution shall
3e entitled to receive any grant under this article unless
at least 1orty .er cent9 o1 the annual admissions therein
are made availa3le to mem3ers o1 communities other
than the Anglo;Indian community9
338. 6!:< There shall 3e a &ommission 1or the
"cheduled &astes to 3e Eno4n as the National
&ommission 1or the "cheduled &astes9
3ehal1 3y Parliament, the &ommission shall consist o1 a
&hair.erson, #ice;&hair.erson and three other (em3ers
and the conditions o1 service and tenure o1 oMce o1 the
&hair.erson, #ice;&hair.erson and other (em3ers so
a..ointed shall 3e such as the President may 3y rule
determine9*
:A< The &hair.erson, #ice;&hair.erson and other
(em3ers o1 the &ommission shall 3e a..ointed 3y the
President 3y 4arrant under his hand and seal9
:8< The &ommission shall have the .o4er to regulate
its o4n .rocedure9
:F< It shall 3e the duty o1 the &ommissionC
:a< to investigate and monitor all matters relating
to the sa1eguards .rovided 1or the "cheduled &astes
AHHH under this &onstitution or under any other la4
1or the time 3eing in 1orce or under any order o1 the
%overnment and to evaluate the 4orEing o1 such
sa1eguards/
"u3s9 3y the &onstitution :Eighty;ninth Amendment< Act, 6PPA, s9 6, 1or the marginal
heading :49e919 7;6;6PP8<9
6"u3s9 3y s9 6, ibid9, 1or cls9 :< and :6< :49e919 7;6;6PP8<9
AThe 4ords ?and "cheduled Tri3es@ omitted 3y s9 6, ibid9 :49e919 7;6;6PP8<9
!National
&ommission 1or
"cheduled &astes9*
C#asses.:Arts. AA=;AAK9<
6PF
:b< to inDuire into s.eciBc com.laints 4ith res.ect
to the de.rivation o1 rights and sa1eguards o1 the
"cheduled &astes HHH/
:c< to .artici.ate and advise on the .lanning
.rocess o1 socio;economic develo.ment o1 the
"cheduled &astes HHH and to evaluate the .rogress o1
their develo.ment under the 'nion and any "tate/
:d< to .resent to the President, annually and at
such other times as the &ommission may deem Bt,
re.orts u.on the 4orEing o1 those sa1eguards/
:e< to maEe in such re.orts recommendations as to
the measures that should 3e taEen 3y the 'nion
or any "tate 1or the eGective im.lementation o1 those
sa1eguards and other measures 1or the .rotection,
4el1are and socio;economic develo.ment o1 the
"cheduled &astes HHH/ and
:!< to discharge such other 1unctions in relation to
the .rotection, 4el1are and develo.ment and
advancement o1 the "cheduled &astes HHH as the
President may, su3Nect to the .rovisions o1 any la4
made 3y Parliament, 3y rule s.eci1y9
:>< The President shall cause all such re.orts to 3e
laid 3e1ore each House o1 Parliament along 4ith a
memorandum e2.laining the action taEen or .ro.osed to
3e taEen on the recommendations relating to the 'nion
and the reasons 1or the non;acce.tance, i1 any, o1 any o1
such recommendations9
:=< Where any such re.ort, or any .art thereo1, relates
to any matter 4ith 4hich any "tate %overnment is
concerned, a co.y o1 such re.ort shall 3e 1or4arded to
the %overnor o1 the "tate 4ho shall cause it to 3e laid
3e1ore the Legislature o1 the "tate along 4ith a
3e taEen on the recommendations relating to the "tate
The 4ords ?and "cheduled Tri3es@ omitted 3y the &onstitution :Eighty;ninth
Amendment< Act, 6PPA, s9 6 :49e919 7;6;6PP8<9
6P> THE &ON"TIT'TION OF INDIA
C#asses.:Art. AAK9<
:K< The &ommission shall, 4hile investigating any
matter re1erred to in su3;clause :a< or inDuiring into any
com.laint re1erred to in su3;clause :b< o1 clause :F<, have
all the .o4ers o1 a civil court trying a suit and in
.articular in res.ect o1 the 1ollo4ing matters, namely ,C
:a< summoning and en1orcing the attendance o1
any .erson 1rom any .art o1 India and e2amining
him on oath/
:b< reDuiring the discovery and .roduction o1 any
document/
:c< receiving evidence on aMdavits/
:d< reDuisitioning any .u3lic record or co.y thereo1
1rom any court or oMce/
:e< issuing commissions 1or the e2amination o1
4itnesses and documents/
:!< any other matter 4hich the President may, 3y
rule, determine9
:7< The 'nion and every "tate %overnment shall
consult the &ommission on all maNor .olicy matters
aGecting "cheduled &astes HHH9*
6!:P<* In this article, re1erences to the "cheduled
&astes HHH shall 3e construed as including re1erences to
such other 3acE4ard classes as the President may, on
recei.t o1 the re.ort o1 a &ommission a..ointed under
clause :< o1 article A8P, 3y order s.eci1y and also to the
Anglo;Indian community9
A!338A. :< There shall 3e a &ommission 1or the
"cheduled Tri3es to 3e Eno4n as the National
&ommission 1or the "cheduled Tri3es9
3ehal1 3y Parliament, the &ommission shall consist o1 a
&hair.erson, #ice;&hair.erson and three other (em3ers
and the conditions o1 service and tenure o1 oMce o1 the
The 4ords ?and "cheduled Tri3es@ omitted 3y the &onstitution :Eighty;ninth
Amendment< Act, 6PPA, s9 6 :49e919 7;6;6PP8<9
6&l9 :A< renum3ered as cl9 :P< 3y the &onstitution :"i2ty;B1th Amendment< Act, 77P,
s9 6 :49e919 6;A;776<9
AIns9 3y the &onstitution :Eighty;ninth Amendment< Act, 6PPA, s9 A :49e919 7;6;6PP8<9
National
&ommission 1or
"cheduled Tri3es9
C#asses.:Arts. AAK;AAKA9<
6P=
&hair.erson, #ice;&hair.erson and other (em3ers so
a..ointed shall 3e such as the President 3y rule
determine9
:A< The &hair.erson, #ice;&hair.erson and other
(em3ers o1 the &ommission shall 3e a..ointed 3y the
President 3y 4arrant under his hand and seal9
:8< The &ommission shall have the .o4er to regulate
its o4n .rocedure9
:F< It shall 3e the duty o1 the &ommissionC
(a) to investigate and monitor all matters relating
to the sa1eguards .rovided 1or the "cheduled Tri3es
under this &onstitution or under any other la4 1or
the time 3eing in 1orce or under any order o1 the
%overnment and to evaluate the 4orEing o1 such
sa1eguards/
(b) to inDuire into s.eciBc com.laints 4ith res.ect
to the de.rivation o1 rights and sa1eguards o1 the
"cheduled Tri3es/
:c< to .artici.ate and advise on the .lanning
.rocess o1 socio;economic develo.ment o1 the
"cheduled Tri3es and to evaluate the .rogress o1 their
develo.ment under the 'nion and any "tate/
:d< to .resent to the President, annually and at
such other times as the &ommission may deem Bt,
re.orts u.on the 4orEing o1 those sa1eguards/
:e< to maEe in such re.orts recommendations as
to the measures that should 3e taEen 3y the 'nion
or any "tate 1or the eGective im.lementation o1 those
sa1eguards and other measures 1or the .rotection,
4el1are and socio;economic develo.ment o1 the
"cheduled Tri3es/ and
:!< to discharge such other 1unctions in relation to
the .rotection, 4el1are and develo.ment and
advancement o1 the "cheduled Tri3es as the President
may, su3Nect to the .rovisions o1 any la4 made 3y
Parliament, 3y rule s.eci1y9
:D< The President shall cause all such re.orts to 3e
laid 3e1ore each House o1 Parliament along 4ith a
memorandum e2.laining the action taEen or .ro.osed
6PK THE &ON"TIT'TION OF INDIA
C#asses.:Art. AAKA9<
to 3e taEen on the recommendations relating to the 'nion
:=< Where any such re.ort, or any .art thereo1, relates
to any matter 4ith 4hich any "tate %overnment is
concerned, a co.y o1 such re.ort shall 3e 1or4arded to
the %overnor o1 the "tate 4ho shall cause it to 3e laid
3e1ore the Legislature o1 the "tate along 4ith a
3e taEen on the recommendations relating to the "tate
:K< The &ommission shall, 4hile investigating any
matter re1erred to in su3;clause :a< or inDuiring into any
com.laint re1erred to in su3;clause :b< o1 clause :F<, have
all the .o4ers o1 a civil court trying a suit and in
.articular in res.ect o1 the 1ollo4ing matters, namely, C
(a< summoning and en1orcing the attendance o1
any .erson 1rom any .art o1 India and e2amining
him on oath/
:b< reDuiring the discovery and .roduction o1 any
document/
:c< receiving evidence on aMdavits/
:d< reDuisitioning any .u3lic record or co.y thereo1
1rom any court or oMce/
:e< issuing commissions 1or the e2amination o1
4itnesses and documents/
:!< any other matter 4hich the President may, 3y
rule, determine9
:7< The 'nion and every "tate %overnment shall
consult the &ommission on all maNor .olicy matters
aGecting "cheduled Tri3es9*
339. :< The President may at any time and shall, at
the e2.iration o1 ten years 1rom the commencement o1
this &onstitution 3y order a..oint a &ommission to
re.ort on the administration o1 the "cheduled Areas and
the 4el1are o1 the "cheduled Tri3es in the "tates HHH9
&ontrol o1 the
'nion over the
administration o1
"cheduled Areas
and the 4el1are o1
"cheduled Tri3es9
The 4ords and letters ?s.eciBed in Part A and Part ) o1 the First "chedule@ omitted 3y
C#asses.:Arts. AAKA;AA79<
6P7
The order may deBne the com.osition, .o4ers and
.rocedure o1 the &ommission and may contain such
incidental or ancillary .rovisions as the President may
consider necessary or desira3le9
:6< The e2ecutive .o4er o1 the 'nion shall e2tend to
the giving o1 directions to !a "tate* as to the dra4ing u.
and e2ecution o1 schemes s.eciBed in the direction to 3e
essential 1or the 4el1are o1 the "cheduled Tri3es in the
"tate9
340. :< The President may 3y order a..oint a
&ommission consisting o1 such .ersons as he thinEs Bt
to investigate the conditions o1 socially and educationally
3acE4ard classes 4ithin the territory o1 India and the
diMculties under 4hich they la3our and to maEe
recommendations as to the ste.s that should 3e taEen 3y
the 'nion or any "tate to remove such diMculties and to
im.rove their condition and as to the grants that should
3e made 1or the .ur.ose 3y the 'nion or any "tate and
the conditions su3Nect to 4hich such grants should 3e
made, and the order a..ointing such &ommission shall
deBne the .rocedure to 3e 1ollo4ed 3y the &ommission9
:6< A &ommission so a..ointed shall investigate the
matters re1erred to them and .resent to the President a
re.ort setting out the 1acts as 1ound 3y them and maEing
such recommendations as they thinE .ro.er9
:A< The President shall cause a co.y o1 the re.ort so
.resented together 4ith a memorandum e2.laining the
action taEen thereon to 3e laid 3e1ore each House o1
Parliament9
341. :< The President 6!may 4ith res.ect to any "tate
A!or 'nion territory*, and 4here it is a "tate 8HHH,
a1ter consultation 4ith the %overnor FHHH thereo1,* 3y
A..ointment o1 a
&ommission to
investigate the
conditions o1
3acE4ard classes9
"cheduled &astes9
"u3s 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9, 1or ?any such
"tate@9
6"u3s9 3y the &onstitution :First Amendment< Act, 7F, s9 P, 1or ?may, a1ter consultation
4ith the %overnor or $aN.ramuEh o1 a "tate@9
AIns9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9
s9 67 and "ch9, ibid.
FThe 4ords ?or $aN.ramuEh@ omitted 3y s9 67 and "ch9, ibid.
6P THE &ON"TIT'TION OF INDIA
C#asses.:Arts. AA7CA89<
.u3lic notiBcation, s.eci1y the castes, races or tri3es or
.arts o1 or grou.s 4ithin castes, races or tri3es 4hich
shall 1or the .ur.oses o1 this &onstitution 3e deemed to
3e "cheduled &astes in relation to that "tate 6!or 'nion
territory, as the case may 3e*9
:6< Parliament may 3y la4 include in or e2clude 1rom
the list o1 "cheduled &astes s.eciBed in a notiBcation
issued under clause :< any caste, race or tri3e or .art o1
or grou. 4ithin any caste, race or tri3e, 3ut save as
a1oresaid a notiBcation issued under the said clause shall
not 3e varied 3y any su3seDuent notiBcation9
342. :< The President A!may 4ith res.ect to any "tate
6!or 'nion territory*, and 4here it is a "tate 8HHH, a1ter
consultation 4ith the %overnor FHHH thereo1,* 3y .u3lic
notiBcation>, s.eci1y the tri3es or tri3al communities or
.arts o1 or grou.s 4ithin tri3es or tri3al communities
4hich shall 1or the .ur.oses o1 this &onstitution 3e
deemed to 3e "cheduled Tri3es in relation to that "tate
6!or 'nion territory, as the case may 3e*9
:6< Parliament may 3y la4 include in or e2clude 1rom
the list o1 "cheduled Tri3es s.eciBed in a notiBcation
issued under clause :< any tri3e or tri3al community or
.art o1 or grou. 4ithin any tri3e or tri3al community, 3ut
save as a1oresaid a notiBcation issued under the said
clause shall not 3e varied 3y any su3seDuent notiBcation9
"cheduled Tri3es9
See the &onstitution :"cheduled &astes< Order, 7FP :&9O9 7<, the &onstitution
:"cheduled &astes< :'nion Territories< Order, 7F :&9O9 A6<, the &onstitution :-ammu and
Rashmir< "cheduled &astes Order, 7F> :&9O9 F6<, the &onstitution :Dadra and Nagar
Haveli< "cheduled &astes Order, 7>6 :&9O9 >8<, the &onstitution :Pondicherry< "cheduled
&astes Order, 7>8 :&9O9 >K<, the &onstitution :%oa, Daman and Diu< "cheduled &astes
Order, 7>K :&9O9 K< and the &onstitution :"iEEim< "cheduled &astes Order, 7=K :&9O9
P<9
6Ins9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9
A"u3s9 3y the &onstitution :First Amendment< Act, 7F, s9 , 1or ?may, a1ter consultation
4ith the %overnor or $aN.ramuEh o1 a "tate,@9
8The 4ords and letters ?".eciBed in Part A or Part ) o1 the First "chedule@ omitted 3y
FThe 4ords ?or $aN.ramuEh@ omitted 3y s9 67 and "ch9, ibid9
>See the &onstitution :"cheduled Tri3es< Order, 7FP :&9O9 66<, the &onstitution
:"cheduled Tri3es< :'nion Territories< Order, 7F :&9O9 AA<, the &onstitution :Andaman
and Nico3ar Islands< "cheduled Tri3es Order, 7F7 :&9O9 FK<, the &onstitution :Dadra and
Nagar Haveli< "cheduled Tri3es Order, 7>6 :&9O9 >F<, the &onstitution :"cheduled Tri3es<
:'ttar Pradesh< Order, 7>= :&9O9 =K<, the &onstitution :%oa, Daman and Diu< "cheduled
Tri3es Order, 7>K :&9O9 K6<, the &onstitution :Nagaland< "cheduled Tri3es Order, 7=P
:&9O9 KK< and the &onstitution :"iEEim< "cheduled Tri3es Order, 7=K :&9O9 <9
C#asses.:Arts. A8;A869<
6
PART 4VII
OFFI&IAL LAN%'A%E
&HAPTE$ I9CLAN%'A%E OF THE 'NION
343. :< The oMcial language o1 the 'nion shall 3e
Hindi in Devanagari scri.t9
The 1orm o1 numerals to 3e used 1or the oMcial
.ur.oses o1 the 'nion shall 3e the international 1orm o1
Indian numerals9
:6< Not4ithstanding anything in clause :<, 1or a
.eriod o1 B1teen years 1rom the commencement o1 this
&onstitution, the English language shall continue to 3e
used 1or all the oMcial .ur.oses o1 the 'nion 1or 4hich
it 4as 3eing used immediately 3e1ore such
commencement,
Provided that the President may, during the said
.eriod, 3y order authorise the use o1 the Hindi language
in addition to the English language and o1 the Devanagari
1orm o1 numerals in addition to the international 1orm o1
Indian numerals 1or any o1 the oMcial .ur.oses o1 the
'nion9
:A< Not4ithstanding anything in this article,
Parliament may 3y la4 .rovide 1or the use, a1ter the said
.eriod o1 B1teen years, o1C
:a< the English language, or
:b< the Devanagari 1orm o1 numerals,
1or such .ur.oses as may 3e s.eciBed in the la49
344. :< The President shall, at the e2.iration o1 Bve
years 1rom the commencement o1 this &onstitution and
therea1ter at the e2.iration o1 ten years 1rom such
commencement, 3y order constitute a &ommission 4hich
shall consist o1 a &hairman and such other mem3ers
re.resenting the diGerent languages s.eciBed in the Eighth
"chedule as the President may a..oint, and the order
66
See &9O9 89
OMcial language
o1 the 'nion9
&ommission and
&ommittee o1
Parliament on
oMcial language9
shall deBne the .rocedure to 3e 1ollo4ed 3y the
&ommission9
:6< It shall 3e the duty o1 the &ommission to maEe
recommendations to the President as toC
:a< the .rogressive use o1 the Hindi language 1or
the oMcial .ur.oses o1 the 'nion/
:b< restrictions on the use o1 the English language
1or all or any o1 the oMcial .ur.oses o1 the 'nion/
:c< the language to 3e used 1or all or any o1 the
.ur.oses mentioned in article A8K/
:d< the 1orm o1 numerals to 3e used 1or any one or
more s.eciBed .ur.oses o1 the 'nion/
:e< any other matter re1erred to the &ommission 3y
the President as regards the oMcial language o1 the
'nion and the language 1or communication 3et4een
the 'nion and a "tate or 3et4een one "tate and
another and their use9
:A< In maEing their recommendations under
clause :6<, the &ommission shall have due regard to the
industrial, cultural and scientiBc advancement o1 India,
and the Nust claims and the interests o1 .ersons 3elonging
to the non;Hindi s.eaEing areas in regard to the .u3lic
services9
:8< There shall 3e constituted a &ommittee consisting
o1 thirty mem3ers, o1 4hom t4enty shall 3e mem3ers o1
the House o1 the Peo.le and ten shall 3e mem3ers o1 the
&ouncil o1 "tates to 3e elected res.ectively 3y the
mem3ers o1 the House o1 the Peo.le and the mem3ers
o1 the &ouncil o1 "tates in accordance 4ith the system o1
.ro.ortional re.resentation 3y means o1 the single
trans1era3le vote9
:F< It shall 3e the duty o1 the &ommittee to e2amine
the recommendations o1 the &ommission constituted
under clause :< and to re.ort to the President their
o.inion thereon9
:%art 94$$.C76cia# ,an(ua(e.:Art. A889<
6A
:>< Not4ithstanding anything in article A8A, the
President may, a1ter consideration o1 the re.ort re1erred
to in clause :F<, issue directions in accordance 4ith the
4hole or any .art o1 that re.ort9
&HAPTE$ II9C$E%IONAL LAN%'A%E"
345. "u3Nect to the .rovisions o1 articles A8> and A8=,
the Legislature o1 a "tate may 3y la4 ado.t any one or
more o1 the languages in use in the "tate or Hindi as the
language or languages to 3e used 1or all or any o1 the
oMcial .ur.oses o1 that "tate,
Provided that, until the Legislature o1 the "tate
other4ise .rovides 3y la4, the English language shall
continue to 3e used 1or those oMcial .ur.oses 4ithin the
"tate 1or 4hich it 4as 3eing used immediately 3e1ore the
commencement o1 this &onstitution9
346. The language 1or the time 3eing authorised 1or
use in the 'nion 1or oMcial .ur.oses shall 3e the oMcial
language 1or communication 3et4een one "tate and
another "tate and 3et4een a "tate and the 'nion,
Provided that i1 t4o or more "tates agree that the
Hindi language should 3e the oMcial language 1or
communication 3et4een such "tates, that language may
3e used 1or such communication9
347. On a demand 3eing made in that 3ehal1 the
President may, i1 he is satisBed that a su3stantial
.ro.ortion o1 the .o.ulation o1 a "tate desire the use o1
any language s.oEen 3y them to 3e recognised 3y that
"tate, direct that such language shall also 3e oMcially
recognised throughout that "tate or any .art thereo1 1or
such .ur.ose as he may s.eci1y9
&HAPTE$ III9CLAN%'A%E OF THE "'P$E(E &O'$T,
HI%H &O'$T", ET&9
.rovisions o1 this Part, until Parliament 3y la4 other4ise
.rovidesC
:a< all .roceedings in the "u.reme &ourt and in
every High &ourt,
OMcial language
or languages o1 a
"tate9
OMcial language
1or communication
3et4een one "tate
and another or
3et4een a "tate
and the 'nion9
Language to 3e
used in the
"u.reme &ourt and
in the High &ourts
and 1or Acts, )ills,
etc9
".ecial .rovision
relating to language
s.oEen 3y a section
o1 the .o.ulation
o1 a "tate9
:%art 94$$.C76cia# ,an(ua(e.:Arts. A88CA8K9<
68
:b< the authoritative te2tsC
:i< o1 all )ills to 3e introduced or amendments
thereto to 3e moved in either House o1 Parliament
or in the House or either House o1 the Legislature
o1 a "tate,
:ii< o1 all Acts .assed 3y Parliament or the
Legislature o1 a "tate and o1 all Ordinances
.romulgated 3y the President or the %overnor HHH
o1 a "tate, and
:iii< o1 all orders, rules, regulations and 3ye;la4s
issued under this &onstitution or under any la4
made 3y Parliament or the Legislature o1 a "tate,
shall 3e in the English language9
:6< Not4ithstanding anything in su3;clause :a< o1
clause :<, the %overnor HHH o1 a "tate may, 4ith the
.revious consent o1 the President, authorise the use o1 the
Hindi language, or any other language used 1or any oMcial
.ur.oses o1 the "tate, in .roceedings in the High &ourt
having its .rinci.al seat in that "tate,
Provided that nothing in this clause shall a..ly to
any Nudgment, decree or order .assed or made 3y such
High &ourt9
:A< Not4ithstanding anything in su3;clause :b< o1
clause :<, 4here the Legislature o1 a "tate has .rescri3ed
any language other than the English language 1or use in
)ills introduced in, or Acts .assed 3y, the Legislature o1
the "tate or in Ordinances .romulgated 3y the %overnor
HHH o1 the "tate or in any order, rule, regulation or
3ye;la4 re1erred to in .aragra.h :iii< o1 that su3;clause,
a translation o1 the same in the English language
.u3lished under the authority o1 the %overnor HHH o1 the
"tate in the OMcial %a+ette o1 that "tate shall 3e deemed
to 3e the authoritative te2t thereo1 in the English language
under this article9
7F>, s9 67 and "ch9
:%art 94$$.C76cia# ,an(ua(e.:Art. A8K9<
6F
349. During the .eriod o1 B1teen years 1rom the
commencement o1 this &onstitution, no )ill or amendment
maEing .rovision 1or the language to 3e used 1or any o1
the .ur.oses mentioned in clause :< o1 article A8K shall
3e introduced or moved in either House o1 Parliament
4ithout the .revious sanction o1 the President, and the
President shall not give his sanction to the introduction
o1 any such )ill or the moving o1 any such amendment
e2ce.t a1ter he has taEen into consideration the
recommendations o1 the &ommission constituted under
clause :< o1 article A88 and the re.ort o1 the &ommittee
constituted under clause :8< o1 that article9
&HAPTE$ I#9C"PE&IAL DI$E&TI#E"
350. Every .erson shall 3e entitled to su3mit a
re.resentation 1or the redress o1 any grievance to any
oMcer or authority o1 the 'nion or a "tate in any o1 the
languages used in the 'nion or in the "tate, as the case
may 3e9
!350A. It shall 3e the endeavour o1 every "tate and
o1 every local authority 4ithin the "tate to .rovide
adeDuate 1acilities 1or instruction in the mother;tongue at
the .rimary stage o1 education to children 3elonging to
linguistic minority grou.s/ and the President may issue
such directions to any "tate as he considers necessary or
.ro.er 1or securing the .rovision o1 such 1acilities9
350B. :< There shall 3e a ".ecial OMcer 1or linguistic
minorities to 3e a..ointed 3y the President9
:6< It shall 3e the duty o1 the ".ecial OMcer to
investigate all matters relating to the sa1eguards .rovided
1or linguistic minorities under this &onstitution and
re.ort to the President u.on those matters at such
intervals as the President may direct, and the President
shall cause all such re.orts to 3e laid 3e1ore each House
o1 Parliament, and sent to the %overnments o1 the "tates
concerned9*
351. It shall 3e the duty o1 the 'nion to .romote the
s.read o1 the Hindi language, to develo. it so that it may
".ecial .rocedure
1or enactment o1
certain la4s
relating to
language9
Language to 3e
used in
re.resentations 1or
redress o1
grievances9
Facilities 1or
instruction in
mother;tongue at
.rimary stage9
".ecial OMcer 1or
linguistic
minorities9
Directive 1or
develo.ment o1 the
Hindi language9
:%art 94$$.C76cia# ,an(ua(e.:Arts. A87CAF9<
6>
serve as a medium o1 e2.ression 1or all the elements o1
the com.osite culture o1 India and to secure its
enrichment 3y assimilating 4ithout inter1ering 4ith its
genius, the 1orms, style and e2.ressions used in
Hindustani and in the other languages o1 India s.eciBed
in the Eighth "chedule, and 3y dra4ing, 4herever
necessary or desira3le, 1or its voca3ulary, .rimarily on
"ansErit and secondarily on other languages9
:%art 94$$.C76cia# ,an(ua(e.:Art. AF9<
6=
PART 4VIII
E(E$%EN&0 P$O#I"ION"
352. :< I1 the President is satisBed that a grave
emergency e2ists 4here3y the security o1 India or o1 any
.art o1 the territory thereo1 is threatened, 4hether 3y
4ar or e2ternal aggression or !armed re3ellion*, he may,
3y Proclamation, maEe a declaration to that eGect 6!in
res.ect o1 the 4hole o1 India or o1 such .art o1 the
territory thereo1 as may 3e s.eciBed in the Proclamation*9
A!"xp#anation.CA Proclamation o1 Emergency
declaring that the security o1 India or any .art o1 the
territory thereo1 is threatened 3y 4ar or 3y e2ternal
aggression or 3y armed re3ellion may 3e made 3e1ore
the actual occurrence o1 4ar or o1 any such aggression or
re3ellion, i1 the President is satisBed that there is imminent
danger thereo19*
8!:6< A Proclamation issued under clause :< may 3e
varied or revoEed 3y a su3seDuent Proclamation9
:A< The President shall not issue a Proclamation under
clause :< or a Proclamation varying such Proclamation
unless the decision o1 the 'nion &a3inet :that is to say,
the &ouncil consisting o1 the Prime (inister and other
(inisters o1 &a3inet ranE a..ointed under article =F<
that such a Proclamation may 3e issued has 3een
communicated to him in 4riting9
:8< Every Proclamation issued under this article shall
3e laid 3e1ore each House o1 Parliament and shall, e2ce.t
4here it is a Proclamation revoEing a .revious
Proclamation, cease to o.erate at the e2.iration o1 one
month unless 3e1ore the e2.iration o1 that .eriod it has
3een a..roved 3y resolutions o1 3oth Houses o1
Parliament,
6K
Proclamation o1
Emergency9
"u3s 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 A=, 1or ?internal
distur3ance@ :49e919 6P;>;7=7<9
6Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 8K :49e919 A;;7==<9
AIns9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 A= :49e919 6P;>;7=7<9
8 "u3s9 3y s9 A=, ibid9, 1or cls9 :6<, :6A< and :A< :49e919 6P;>;7=7<9
Provided that i1 any such Proclamation :not 3eing a
Proclamation revoEing a .revious Proclamation< is issued
at a time 4hen the House o1 the Peo.le has 3een dissolved,
or the dissolution o1 the House o1 the Peo.le taEes .lace
during the .eriod o1 one month re1erred to in this clause,
and i1 a resolution a..roving the Proclamation has 3een
.assed 3y the &ouncil o1 "tates, 3ut no resolution 4ith
res.ect to such Proclamation has 3een .assed 3y the
House o1 the Peo.le 3e1ore the e2.iration o1 that .eriod,
the Proclamation shall cease to o.erate at the e2.iration
o1 thirty days 1rom the date on 4hich the House o1 the
Peo.le Brst sits a1ter its reconstitution, unless 3e1ore the
e2.iration o1 the said .eriod o1 thirty days a resolution
a..roving the Proclamation has 3een also .assed 3y the
:F< A Proclamation so a..roved shall, unless revoEed,
cease to o.erate on the e2.iration o1 a .eriod o1 si2 months
1rom the date o1 the .assing o1 the second o1 the
resolutions a..roving the Proclamation under clause
:8<,
Provided that i1 and so o1ten as a resolution
a..roving the continuance in 1orce o1 such a Proclamation
is .assed 3y 3oth Houses o1 Parliament the Proclamation
shall, unless revoEed, continue in 1orce 1or a 1urther .eriod
o1 si2 months 1rom the date on 4hich it 4ould other4ise
have ceased to o.erate under this clause,
Provided 1urther that i1 the dissolution o1 the House
o1 the Peo.le taEes .lace during any such .eriod o1 si2
months and a resolution a..roving the continuance in
1orce o1 such Proclamation has 3een .assed 3y the
&ouncil o1 "tates 3ut no resolution 4ith res.ect to the
continuance in 1orce o1 such Proclamation has 3een
.assed 3y the House o1 the Peo.le during the said .eriod,
Peo.le Brst sits a1ter its reconstitution unless 3e1ore the
e2.iration o1 the said .eriod o1 thirty days, a resolution
a..roving the continuance in 1orce o1 the Proclamation
has 3een also .assed 3y the House o1 the Peo.le9
:%art 94$$$.C"mer(ency %ro+isions.:Art. AF69<
67
:>< For the .ur.oses o1 clauses :8< and :F<, a resolution
may 3e .assed 3y either House o1 Parliament only 3y a
maNority o1 the total mem3ershi. o1 that House and 3y a
maNority o1 not less than t4o;thirds o1 the (em3ers o1
that House .resent and voting9
:=< Not4ithstanding anything contained in the
1oregoing clauses, the President shall revoEe a
Proclamation issued under clause :< or a Proclamation
varying such Proclamation i1 the House o1 the Peo.le
.asses a resolution disa..roving, or, as the case may 3e,
disa..roving the continuance in 1orce o1, such
Proclamation9
:K< Where a notice in 4riting signed 3y not less than
one;tenth o1 the total num3er o1 mem3ers o1 the House o1
the Peo.le has 3een given, o1 their intention to move a
resolution 1or disa..roving, or, as the case may 3e, 1or
disa..roving the continuance in 1orce o1, a Proclamation
issued under clause :< or a Proclamation varying such
Proclamation,C
:a< to the ".eaEer, i1 the House is in session/ or
:b< to the President, i1 the House is not in session,
a s.ecial sitting o1 the House shall 3e held 4ithin 1ourteen
days 1rom the date on 4hich such notice is received 3y
the ".eaEer, or, as the case may 3e, 3y the President, 1or
the .ur.ose o1 considering such resolution9*
!6!:7<* The .o4er con1erred on the President 3y this
article shall include the .o4er to issue diGerent
Proclamations on diGerent grounds, 3eing 4ar or e2ternal
aggression or A!armed re3ellion* or imminent danger o1
4ar or e2ternal aggression or A!armed re3ellion*, 4hether
or not there is a Proclamation already issued 3y the
President under clause :< and such Proclamation is in
o.eration9
8H H H H H*
Ins9 3y the &onstitution :Thirty;eighth Amendment< Act, 7=F, s9 F :retros.ectively<9
6&l9 :8< re;num3ered as cl9 :7< 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K,
s9 A= :49e91 6P;>;7=7<9
A"u3s9 3y s9 A=, ibid9, 1or ?internal distur3ance@ :49e91 6P;>;7=7<9
8&l9 :F< omitted 3y s9 A=, ibid9 :49e919 6P;>;7=7<9
:%art 94$$$.C"mer(ency %ro+isions.:Art. AF69<
66P
353. While a Proclamation o1 Emergency is in
o.eration, thenC
:a< not4ithstanding anything in this &onstitution,
the e2ecutive .o4er o1 the 'nion shall e2tend to the
giving o1 directions to any "tate as to the manner
in 4hich the e2ecutive .o4er thereo1 is to 3e
e2ercised/
:b< the .o4er o1 Parliament to maEe la4s 4ith
res.ect to any matter shall include .o4er to maEe
la4s con1erring .o4ers and im.osing duties, or
authorising the con1erring o1 .o4ers and the
im.osition o1 duties, u.on the 'nion or oMcers and
authorities o1 the 'nion as res.ects that matter,
not4ithstanding that it is one 4hich is not
enumerated in the 'nion List,
!Provided that 4here a Proclamation o1 Emergency
is in o.eration only in any .art o1 the territory o1 India,C
:i< the e2ecutive .o4er o1 the 'nion to give
directions under clause :a<, and
:ii< the .o4er o1 Parliament to maEe la4s under
clause (b)
shall also e2tend to any "tate other than a "tate in 4hich
or in any .art o1 4hich the Proclamation o1 Emergency
is in o.eration i1 and in so 1ar as the security o1 India or
any .art o1 the territory thereo1 is threatened 3y activities
in or in relation to the .art o1 the territory o1 India in
4hich the Proclamation o1 Emergency is in o.eration9*
354. :< The President may, 4hile a Proclamation o1
Emergency is in o.eration, 3y order direct that all or any
o1 the .rovisions o1 articles 6>K to 6=7 shall 1or such
.eriod, not e2tending in any case 3eyond the e2.iration
o1 the Bnancial year in 4hich such Proclamation ceases
to o.erate, as may 3e s.eciBed in the order, have eGect
su3Nect to such e2ce.tions or modiBcations as he thinEs
Bt9
EGect o1
Proclamation o1
Emergency9
A..lication o1
.rovisions relating
to distri3ution o1
revenues 4hile a
Proclamation o1
Emergency is in
o.eration9
Ins9 3y the &onstitution :Forty;second Amendment< Act 7=>, s9 87 :49e919 A;;7==<9
:%art 94$$$.C"mer(ency %ro+isions.:Arts. AFA;AF89<
66
:6< Every order made under clause :< shall, as soon
as may 3e a1ter it is made, 3e laid 3e1ore each House o1
Parliament9
355. It shall 3e the duty o1 the 'nion to .rotect every
"tate against e2ternal aggression and internal distur3ance
and to ensure that the %overnment o1 every "tate is
carried on in accordance 4ith the .rovisions o1 this
&onstitution9
356. :< I1 the President, on recei.t o1 a re.ort 1rom the
%overnor HHH o1 a "tate or other4ise, is satisBed that a
situation has arisen in 4hich the %overnment o1 the "tate
cannot 3e carried on in accordance 4ith the .rovisions
o1 this &onstitution, the President may 3y ProclamationC
(a) assume to himsel1 all or any o1 the 1unctions o1
the %overnment o1 the "tate and all or any o1 the
.o4ers vested in or e2ercisa3le 3y the %overnor 6HHH
or any 3ody or authority in the "tate other than the
Legislature o1 the "tate/
(b) declare that the .o4ers o1 the Legislature o1 the
"tate shall 3e e2ercisa3le 3y or under the authority
o1 Parliament/
:c< maEe such incidental and conseDuential
.rovisions as a..ear to the President to 3e necessary
or desira3le 1or giving eGect to the o3Nects o1 the
Proclamation, including .rovisions 1or sus.ending
in 4hole or in .art the o.eration o1 any .rovisions
o1 this &onstitution relating to any 3ody or authority
in the "tate,
Provided that nothing in this clause shall authorise
the President to assume to himsel1 any o1 the .o4ers
vested in or e2ercisa3le 3y a High &ourt, or to sus.end
in 4hole or in .art the o.eration o1 any .rovision o1 this
&onstitution relating to High &ourts9
Duty o1 the 'nion
to .rotect "tates
against e2ternal
aggression and
internal
distur3ance9
Provisions in case
o1 1ailure o1
constitutional
machinery in
"tates9
The 4ords ?or $aN.ramuEh? omitted 3y the &onstitution :"eventh Amendment< Act,
7F>, s9 67 and "ch9
:%art 94$$$.C"mer(ency %ro+isions.:Arts. AF8CAF>9<
666
:6< Any such Proclamation may 3e revoEed or varied
3y a su3seDuent Proclamation9
:A< Every Proclamation under this article shall 3e
laid 3e1ore each House o1 Parliament and shall, e2ce.t
4here it is a Proclamation revoEing a .revious
Proclamation, cease to o.erate at the e2.iration o1 t4o
months unless 3e1ore the e2.iration o1 that .eriod it has
3een a..roved 3y resolutions o1 3oth Houses o1
Parliament,
Provided that i1 any such Proclamation :not 3eing a
Proclamation revoEing a .revious Proclamation< is issued
at a time 4hen the House o1 the Peo.le is dissolved or
the dissolution o1 the House o1 the Peo.le taEes .lace
during the .eriod o1 t4o months re1erred to in this clause,
and i1 a resolution a..roving the Proclamation has 3een
.assed 3y the &ouncil o1 "tates, 3ut no resolution 4ith
res.ect to such Proclamation has 3een .assed 3y the
House o1 the Peo.le 3e1ore the e2.iration o1 that .eriod,
a..roving the Proclamation has 3een also .assed 3y the
:8< A Proclamation so a..roved shall, unless revoEed,
cease to o.erate on the e2.iration o1 a .eriod o1 !si2
months 1rom the date o1 issue o1 the Proclamation*,
Provided that i1 and so o1ten as a resolution a..roving
the continuance in 1orce o1 such a Proclamation is .assed
3y 3oth Houses o1 Parliament, the Proclamation shall, unless
revoEed, continue in 1orce 1or a 1urther .eriod o1
6!si2 months* 1rom the date on 4hich under this clause it
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 AK, 1or ?one year
1rom the date o1 the .assing o1 the second o1 the resolutions a..roving the Proclamation
under clause :A<@ :49e919 6P;>;7=7<9 The 4ords ?one year@ 4ere su3s9 1or the original 4ords
?si2 months@ 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 FP :49e919
A;;7==<9
6"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 AK, 1or ?one year@
:49e919 6P;>;7=7<9 The 4ords ?one year@ 4ere su3s9 1or the original 4ords ?si2 months@ 3y
the &onstitution :Forty;second Amendment< Act, 7=>, s9 FP :49e919 A;;7==<9
:%art 94$$$.C"mer(ency %ro+isions.:Art. AF>9<
66A
4ould other4ise have ceased to o.erate, 3ut no such
Proclamation shall in any case remain in 1orce 1or more
than three years,
Provided 1urther that i1 the dissolution o1 the House
o1 the Peo.le taEes .lace during any such .eriod o1 !si2
months* and a resolution a..roving the continuance in
1orce o1 such Proclamation has 3een .assed 3y the &ouncil
o1 "tates, 3ut no resolution 4ith res.ect to the continuance
in 1orce o1 such Proclamation has 3een .assed 3y the
House o1 the Peo.le during the said .eriod, the
Proclamation shall cease to o.erate at the e2.iration o1
thirty days 1rom the date on 4hich the House o1 the
a..roving the continuance in 1orce o1 the Proclamation
has 3een also .assed 3y the House o1 the Peo.le,
6!Provided also that in the case o1 the Proclamation
issued under clause :< on the th day o1 (ay, 7K= 4ith
res.ect to the "tate o1 PunNa3, the re1erence in the Brst
.roviso to this clause to ?three years@ shall 3e construed
as a re1erence to A!Bve years*9*
8!:F< Not4ithstanding anything contained in clause
:8<, a resolution 4ith res.ect to the continuance in 1orce
o1 a Proclamation a..roved under clause :A< 1or any
.eriod 3eyond the e2.iration o1 one year 1rom the date o1
issue o1 such Proclamation shall not 3e .assed 3y either
House o1 Parliament unlessC
(a) a Proclamation o1 Emergency is in o.eration,
in the 4hole o1 India or, as the case may 3e, in the
4hole or any .art o1 the "tate, at the time o1 the
.assing o1 such resolution, and
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 AK, 1or ?one year?
:49e919 6P;>;7=7<9 The 4ords ?one year@ 4ere su3s9 1or the original 4ords ?si2 months@ 3y
the &onstitution :Forty;second Amendment< Act, 7=>, s9 FP :49e919 A;;7==<9
6Ins9 3y the &onstitution :"i2ty;1ourth Amendment< Act, 77P, s9 69
A"uccessively su3s9 3y the &onstitution :"i2ty;seventh Amendment< Act, 77P, s9 6 and
the &onstitution :"i2ty;eighth Amendment< Act, 77, s9 6 to read as a3ove9
8"u3s 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 AK, 1or cl9 :F< :49e919
6P;>;7=7<9 &l9 :F< 4as ins9 3y the &onstitution :Thirty;eighth Amendment< Act, 7=F, s9 >
:retros.ectively<9
:%art 94$$$.C"mer(ency %ro+isions.:Art. AF>9<
668
:b< the Election &ommission certiBes that the
continuance in 1orce o1 the Proclamation a..roved
under clause :A< during the .eriod s.eciBed in such
resolution is necessary on account o1 diMculties in
holding general elections to the Legislative Assem3ly
o1 the "tate concerned,*
!Provided that nothing in this clause shall a..ly to
the Proclamation issued under clause :< on the th day
o1 (ay, 7K= 4ith res.ect to the "tate o1 PunNa39*
357. :< Where 3y a Proclamation issued under clause :<
o1 article AF>, it has 3een declared that the .o4ers o1 the
Legislature o1 the "tate shall 3e e2ercisa3le 3y or under
the authority o1 Parliament, it shall 3e com.etentC
:a< 1or Parliament to con1er on the President the
.o4er o1 the Legislature o1 the "tate to maEe la4s,
and to authorise the President to delegate, su3Nect to
such conditions as he may thinE Bt to im.ose, the
.o4er so con1erred to any other authority to 3e
s.eciBed 3y him in that 3ehal1/
:b< 1or Parliament, or 1or the President or other
authority in 4hom such .o4er to maEe la4s is
vested under su3;clause :a<, to maEe la4s con1erring
.o4ers and im.osing duties, or authorising the
con1erring o1 .o4ers and the im.osition o1
duties, u.on the 'nion or oMcers and authorities
thereo1/
:c< 1or the President to authorise 4hen the House
o1 the Peo.le is not in session e2.enditure 1rom the
&onsolidated Fund o1 the "tate .ending the sanction
o1 such e2.enditure 3y Parliament9
F!:6< Any la4 made in e2ercise o1 the .o4er o1 the
Legislature o1 the "tate 3y Parliament or the President or
other authority re1erred to in su3;clause :a< o1 clause :<
E2ercise o1
legislative .o4ers
under Proclamation
issued under article
AF>9
Omitted 3y the &onstitution :"i2ty;third Amendment< Act, 7K7, s9 6 :49e919 >;;77P<9
Ins9 3y the &onstitution :"i2ty;1ourth Amendment< Act, 77P, s9 69
6"u3s9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 F, 1or cl9 :6<
:49e919 A;;7==<9
:%art 94$$$.C"mer(ency %ro+isions.:Arts. AF>;AF=9<
66F
4hich Parliament or the President or such other authority
4ould not, 3ut 1or the issue o1 a Proclamation under
article AF>, have 3een com.etent to maEe shall, a1ter the
Proclamation has ceased to o.erate, continue in 1orce
until altered or re.ealed or amended 3y a com.etent
Legislature or other authority9*
358. !:<* 6!While a Proclamation o1 Emergency
declaring that the security o1 India or any .art o1 the
territory thereo1 is threatened 3y 4ar or 3y e2ternal
aggression is in o.eration*, nothing in article 7 shall
restrict the .o4er o1 the "tate as deBned in Part III to
maEe any la4 or to taEe any e2ecutive action 4hich the
"tate 4ould 3ut 1or the .rovisions contained in that Part
3e com.etent to maEe or to taEe, 3ut any la4 so made
shall, to the e2tent o1 the incom.etency, cease to have
eGect as soon as the Proclamation ceases to o.erate, e2ce.t
as res.ects things done or omitted to 3e done 3e1ore the
la4 so ceases to have eGect,
A!Provided that 8!4here such Proclamation o1
Emergency* is in o.eration only in any .art o1 the territory
o1 India, any such la4 may 3e made, or any such e2ecutive
action may 3e taEen, under this article in relation to or in
any "tate or 'nion territory in 4hich or in any .art o1
4hich the Proclamation o1 Emergency is not in o.eration,
i1 and in so 1ar as the security o1 India or any .art o1 the
territory thereo1 is threatened 3y activities in or in relation
to the .art o1 the territory o1 India in 4hich the
Proclamation o1 Emergency is in o.eration9*
F!:6< Nothing in clause :< shall a..lyC
:a< to any la4 4hich does not contain a recital
to the eGect that such la4 is in relation to the
"us.ension o1
.rovisions o1
article 7 during
emergencies9
Art9 AFK re;num3ered as cl9 :< thereo1 3y 3y the &onstitution :Forty;1ourth Amendment<
Act, 7=K, s9 A7 :49e919 6P;>;7=7<9
6"u3s9 3y s9 A7, ibid9, 1or ?While a Proclamation o1 Emergency is in o.eration@ :49e919
6P;>;7=7<9
AIns9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 F6 :49e919 A;;7==<9
8 "u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 A7, 1or ?4here a
Proclamation o1 Emergency@ :49e919 6P;>;7=7<9
FIns9 3y s9 A7, ibid9 :49e919 6P;>;7=7<9
:%art 94$$$.C"mer(ency %ro+isions.:Arts. AF=;AFK9<
66>
"us.ension o1 the
en1orcement o1 the
rights con1erred 3y
Part III during
emergencies9
Proclamation o1 Emergency in o.eration 4hen it is
made/ or
(b) to any e2ecutive action taEen other4ise than
under a la4 containing such a recital9*
359. :< Where a Proclamation o1 Emergency is in
o.eration, the President may 3y order declare that the
right to move any court 1or the en1orcement o1 such o1
!the rights con1erred 3y Part III :e2ce.t articles 6P and
6<* as may 3e mentioned in the order and all .roceedings
.ending in any court 1or the en1orcement o1 the rights so
mentioned shall remain sus.ended 1or the .eriod during
4hich the Proclamation is in 1orce or 1or such shorter
.eriod as may 3e s.eciBed in the order9
6!:A< While an order made under clause :<
mentioning any o1 !the rights con1erred 3y Part III
:e2ce.t articles 6P and 6<* is in o.eration, nothing in
that Part con1erring those rights shall restrict the .o4er
o1 the "tate as deBned in the said Part to maEe any la4
or to taEe any e2ecutive action 4hich the "tate 4ould
3ut 1or the .rovisions contained in that Part 3e com.etent
to maEe or to taEe, 3ut any la4 so made shall, to the
e2tent o1 the incom.etency, cease to have eGect as soon
as the order a1oresaid ceases to o.erate, e2ce.t as res.ects
things done or omitted to 3e done 3e1ore the la4 so
ceases to have eGect,*
A!Provided that 4here a Proclamation o1 Emergency
is in o.eration only in any .art o1 the territory o1 India,
any such la4 may 3e made, or any such e2ecutive action
may 3e taEen, under this article in relation to or in any
"tate or 'nion territory in 4hich or in any .art o1 4hich
the Proclamation o1 Emergency is not in o.eration, i1
and in so 1ar as the security o1 India or any .art o1 the
territory thereo1 is threatened 3y activities in or in
relation to the .art o1 the territory o1 India in 4hich the
Proclamation o1 Emergency is in o.eration9*
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 8P, 1or ?the rights
con1erred 3y Part III@ :49e919 6P;>;7=7<9
6Ins9 3y the &onstitution :Thirty;eighth Amendment< Act, 7=F, s9 = :retros.ectively<9
AIns9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 FA :49e919 A;;7==<9
:%art 94$$$.C"mer(ency %ro+isions.:Arts. AFK;AF79<
66=
!:)< Nothing in clause :A< shall a..lyC
:a< to any la4 4hich does not contain a recital to
the eGect that such la4 is in relation to the
Proclamation o1 Emergency in o.eration 4hen it is
made/ or
:b< to any e2ecutive action taEen other4ise than
under a la4 containing such a recital9*
:6< An order made as a1oresaid may e2tend to the
4hole or any .art o1 the territory o1 India,
6!Provided that 4here a Proclamation o1 Emergency
is in o.eration only in a .art o1 the territory o1 India, any
such order shall not e2tend to any other .art o1 the territory
o1 India unless the President, 3eing satisBed that the
security o1 India or any .art o1 the territory thereo1 is
threatened 3y activities in or in relation to the .art o1 the
territory o1 India in 4hich the Proclamation o1 Emergency
is in o.eration, considers such e2tension to 3e necessary9*
:A< Every order made under clause :< shall, as soon
as may 3e a1ter it is made, 3e laid 3e1ore each House o1
Parliament9
A359A. !App#ication o! this %art to the State o! %un-ab.*
Rep. by the Constitution (Sixty-third Amendment) Act 7K7,
s. A (w.e.!. >;;77P<9
360. :< I1 the President is satisBed that a situation
has arisen 4here3y the Bnancial sta3ility or credit o1
India or o1 any .art o1 the territory thereo1 is threatened,
he may 3y a Proclamation maEe a declaration to that
eGect9
8!:6< A Proclamation issued under clause :<C
:a< may 3e revoEed or varied 3y a su3seDuent
Proclamation/
Provisions as to
Bnancial
emergency9
Ins9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 8P :49e919 6P;>;7=7<9
6Ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 FA :49e919 A;;7==<9
AIns9 3y the &onstitution :Fi1ty;ninth Amendment< Act, 7KK, s9 A9 It shall cease to
o.erate on the e2.iry o1 a .eriod o1 t4o years 1rom the commencement o1 this Act, i.e.,
thirtieth day o1 (arch, 7KK9
8"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 8, 1or cl9 :6< :49e919
6P;>;7=7<9
:%art 94$$$.C"mer(ency %ro+isions.:Arts. AF7CA>P9<
66K
:b< shall 3e laid 3e1ore each House o1 Parliament/
:c< shall cease to o.erate at the e2.iration o1 t4o
months, unless 3e1ore the e2.iration o1 that .eriod
it has 3een a..roved 3y resolutions o1 3oth Houses
o1 Parliament,
Provided that i1 any such Proclamation is issued at
a time 4hen the House o1 the Peo.le has 3een dissolved
or the dissolution o1 the House o1 the Peo.le taEes .lace
during the .eriod o1 t4o months re1erred to in su3clause
:c<, and i1 a resolution a..roving the Proclamation
has 3een .assed 3y the &ouncil o1 "tates, 3ut no
resolution 4ith res.ect to such Proclamation has 3een
.assed 3y the House o1 the Peo.le 3e1ore the e2.iration
o1 that .eriod, the Proclamation shall cease to o.erate at
the e2.iration o1 thirty days 1rom the date on 4hich the
House o1 the Peo.le Brst sits a1ter its reconstitution unless
3e1ore the e2.iration o1 the said .eriod o1 thirty days a
resolution a..roving the Proclamation has 3een also
.assed 3y the House o1 the Peo.le9*
:A< During the .eriod any such Proclamation as is
mentioned in clause :< is in o.eration, the e2ecutive
authority o1 the 'nion shall e2tend to the giving o1
directions to any "tate to o3serve such canons o1 Bnancial
.ro.riety as may 3e s.eciBed in the directions, and to the
giving o1 such other directions as the President may deem
necessary and adeDuate 1or the .ur.ose9
:8< Not4ithstanding anything in this &onstitutionC
:a< any such direction may includeC
:i< a .rovision reDuiring the reduction o1
salaries and allo4ances o1 all or any class o1
.ersons serving in connection 4ith the aGairs o1
a "tate/
:ii< a .rovision reDuiring all (oney )ills or
other )ills to 4hich the .rovisions o1 article 6P=
a..ly to 3e reserved 1or the consideration o1 the
President a1ter they are .assed 3y the Legislature
o1 the "tate/
:%art 94$$$.C"mer(ency %ro+isions.:Art. A>P9<
667
:b< it shall 3e com.etent 1or the President during
the .eriod any Proclamation issued under this article
is in o.eration to issue directions 1or the reduction o1
salaries and allo4ances o1 all or any class o1 .ersons
serving in connection 4ith the aGairs o1 the 'nion
including the -udges o1 the "u.reme &ourt and the
High &ourts9
H H H H H
&l9 :F< 4as ins9 3y the &onstitution :Thirty;eighth Amendment< Act, 7=F, s9 K
s9 8 :49e919 6P;>;7=7<9
:%art 94$$$.C"mer(ency %ro+isions.:Art. A>P9<
6AP
PART 4I4
(I"&ELLANEO'"
361. :< The President, or the %overnor or
$aN.ramuEh o1 a "tate, shall not 3e ans4era3le to any
court 1or the e2ercise and .er1ormance o1 the .o4ers
and duties o1 his oMce or 1or any act done or .ur.orting
to 3e done 3y him in the e2ercise and .er1ormance o1
those .o4ers and duties,
Provided that the conduct o1 the President may 3e
3rought under revie4 3y any court, tri3unal or 3ody
a..ointed or designated 3y either House o1 Parliament
1or the investigation o1 a charge under article >,
Provided 1urther that nothing in this clause shall 3e
construed as restricting the right o1 any .erson to 3ring
a..ro.riate .roceedings against the %overnment o1 India
or the %overnment o1 a "tate9
:6< No criminal .roceedings 4hatsoever shall 3e
instituted or continued against the President, or the
%overnor HHH o1 a "tate, in any court during his term o1
oMce9
:A< No .rocess 1or the arrest or im.risonment o1 the
President, or the %overnor HHH o1 a "tate, shall issue
1rom any court during his term o1 oMce9
:8< No civil .roceedings in 4hich relie1 is claimed
against the President, or the %overnor HHH o1 a "tate,
shall 3e instituted during his term o1 oMce in any court
in res.ect o1 any act done or .ur.orting to 3e done 3y
him in his .ersonal ca.acity, 4hether 3e1ore or a1ter he
entered u.on his oMce as President, or as %overnor HHH
o1 such "tate, until the e2.iration o1 t4o months ne2t
a1ter notice in 4riting has 3een delivered to the President
or the %overnor 6HHH, as the case may 3e, or le1t at his
oMce stating the nature o1 the .roceedings, the cause o1
action there1or, the name, descri.tion and .lace o1
6A
Protection o1
President and
%overnors and
$aN.ramuEhs9
7F>, s9 67 and "ch9
6The 4ords ?or the $aN.ramuEh@ omitted 3y s9 67 and "ch9, ibid9
residence o1 the .arty 3y 4hom such .roceedings are to
3e instituted and the relie1 4hich he claims9
!361A. :< No .erson shall 3e lia3le to any
.roceedings, civil or criminal, in any court in res.ect o1
the .u3lication in a ne4s.a.er o1 a su3stantially true
re.ort o1 any .roceedings o1 either House o1 Parliament
or the Legislative Assem3ly, or, as the case may 3e, either
House o1 the Legislature, o1 a "tate, unless the .u3lication
is .roved to have 3een made 4ith malice,
Provided that nothing in this clause shall a..ly to
the .u3lication o1 any re.ort o1 the .roceedings o1 a
secret sitting o1 either House o1 Parliament or the
Legislative Assem3ly, or, as the case may 3e, either House
o1 the Legislature, o1 a "tate9
:6< &lause :< shall a..ly in relation to re.orts or
matters 3roadcast 3y means o1 4ireless telegra.hy as
.art o1 any .rogramme or service .rovided 3y means o1
a 3roadcasting station as it a..lies in relation to re.orts
or matters .u3lished in a ne4s.a.er9
"xp#anation.:In this article, ?ne4s.a.er@ includes a
ne4s agency re.ort containing material 1or .u3lication
in a ne4s.a.er9*
6!361B9 A mem3er o1 a House 3elonging to any
.olitical .arty 4ho is disDualiBed 1or 3eing a mem3er o1
the House under .aragra.h 6 o1 the Tenth "chedule shall
also 3e disDualiBed to hold any remunerative .olitical
.ost 1or duration o1 the .eriod commencing 1rom the
date o1 his disDualiBcation till the date on 4hich the
term o1 his oMce as such mem3er 4ould e2.ire or till the
date on 4hich he contests an election to a House and is
declared elected, 4hichever is earlier9
"xp#anation9CFor the .ur.oses o1 this article,5
(a) the e2.ression ?House@ has the meaning
assigned to it in clause :a< o1 .aragra.h o1 the
Tenth "chedule/
Protection o1
.u3lication o1
.roceedings o1
Parliament and
"tate Legislatures9
DisDualiBcation
1or a..ointment
on remunerative
.olitical .ost9
Ins9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 86 :49e919
6P;>;7=7<9
6Ins9 3y the &onstitution :Ninety;Brst Amendment< Act, 6PPA, s9 89
:%art 9$9.C/isce##aneous.CArts. A>CA>19<
6A6
(b) the e2.ression ?remunerative .olitical .ost@
means any oMce5
(i) under the %overnment o1 India or the
%overnment o1 a "tate 4here the salary or
remuneration 1or such oMce is .aid out o1 the
.u3lic revenue o1 the %overnment o1 India or
the %overnment o1 the "tate, as the case may 3e/
or
(ii) under a 3ody, 4hether incor.orated or
not, 4hich is 4holly or .artially o4ned 3y the
%overnment o1 India or the %overnment o1 a
"tate and the salary or remuneration 1or such
oMce is .aid 3y such 3ody,
e2ce.t 4here such salary or remuneration .aid is
com.ensatory in nature9
362. !Ri(hts and pri+i#e(es o! Ru#ers o! $ndian States.*
Rep. by the Constitution (Twenty-sixth Amendment) Act,
7=, s9 69
&onstitution 3ut su3Nect to the .rovisions o1 article 8A,
neither the "u.reme &ourt nor any other court shall have
Nurisdiction in any dis.ute arising out o1 any .rovision
o1 a treaty, agreement, covenant, engagement, sanad or
other similar instrument 4hich 4as entered into or
e2ecuted 3e1ore the commencement o1 this &onstitution
3y any $uler o1 an Indian "tate and to 4hich the
%overnment o1 the Dominion o1 India or any o1 its
.redecessor %overnments 4as a .arty and 4hich has or
has 3een continued in o.eration a1ter such commencement,
or in any dis.ute in res.ect o1 any right accruing under
or any lia3ility or o3ligation arising out o1 any o1 the
.rovisions o1 this &onstitution relating to any such treaty,
agreement, covenant, engagement, sanad or other similar
instrument9
:6< In this articleC
:a< ?Indian "tate@ means any territory recognised
3e1ore the commencement o1 this &onstitution 3y His
(aNesty or the %overnment o1 the Dominion o1 India
as 3eing such a "tate/ and
:b< ?$uler@ includes the Prince, &hie1 or other
.erson recognised 3e1ore such commencement 3y
His (aNesty or the %overnment o1 the Dominion o1
India as the $uler o1 any Indian "tate9
)ar to inter1erence
3y courts in
dis.utes arising
out o1 certain
treaties,
agreements, etc9
:%art 9$9.C/isce##aneous.CArts. A>)CA>A9<
6AA
!363A. Not4ithstanding anything in this
&onstitution or in any la4 1or the time 3eing in 1orceC
:a< the Prince, &hie1 or other .erson 4ho, at any
time 3e1ore the commencement o1 the &onstitution
:T4enty;si2th Amendment< Act, 7=, 4as recognised
3y the President as the $uler o1 an Indian "tate or
any .erson 4ho, at any time 3e1ore such
commencement, 4as recognised 3y the President as
the successor o1 such ruler shall, on and 1rom such
commencement, cease to 3e recognised as such $uler
or the successor o1 such $uler/
:b< on and 1rom the commencement o1 the
&onstitution :T4enty;si2th Amendment< Act, 7=,
.rivy .urse is a3olished and all rights, lia3ilities and
o3ligations in res.ect o1 .rivy .urse are e2tinguished
and accordingly the $uler or, as the case may 3e, the
successor o1 such $uler, re1erred to in clause :a< or
any other .erson shall not 3e .aid any sum as .rivy
.urse9*
&onstitution, the President may 3y .u3lic notiBcation
direct that as 1rom such date as may 3e s.eciBed in the
notiBcationC
:a< any la4 made 3y Parliament or 3y the
Legislature o1 a "tate shall not a..ly to any maNor
.ort or aerodrome or shall a..ly thereto su3Nect to
such e2ce.tions or modiBcations as may 3e s.eciBed
in the notiBcation, or
:b< any e2isting la4 shall cease to have eGect in
any maNor .ort or aerodrome e2ce.t as res.ects things
done or omitted to 3e done 3e1ore the said date, or
shall in its a..lication to such .ort or aerodrome
have eGect su3Nect to such e2ce.tions or modiBcations
as may 3e s.eciBed in the notiBcation9
:6< In this articleC
:a< ?maNor .ort@ means a .ort declared to 3e a
maNor .ort 3y or under any la4 made 3y Parliament
or any e2isting la4 and includes all areas 1or the
time 3eing included 4ithin the limits o1 such .ort/
:b< ?aerodrome@ means aerodrome as deBned 1or
the .ur.oses o1 the enactments relating to air4ays,
aircra1t and air navigation9
$ecognition
granted to $ulers
o1 Indian "tates
to cease and
.rivy .urses to
3e a3olished9
Ins9 3y the &onstitution :T4enty;si2th Amendment< Act, 7=, s9 A9
".ecial .rovisions
as to maNor .orts
and aerodromes9
:%art 9$9.C/isce##aneous.CArts. A>AA;A>89<
6A8
365. Where any "tate has 1ailed to com.ly 4ith, or to
give eGect to, any directions given in the e2ercise o1 the
e2ecutive .o4er o1 the 'nion under any o1 the .rovisions
o1 this &onstitution, it shall 3e la41ul 1or the President to
hold that a situation has arisen in 4hich the %overnment
o1 the "tate cannot 3e carried on in accordance 4ith the
.rovisions o1 this &onstitution9
366. In this &onstitution, unless the conte2t other4ise
reDuires, the 1ollo4ing e2.ressions have the meanings
here3y res.ectively assigned to them, that is to sayC
:< ?agricultural income@ means agricultural
income as deBned 1or the .ur.oses o1 the enactments
relating to Indian income;ta2/
:6< ?an Anglo;Indian@ means a .erson 4hose
1ather or any o1 4hose other male .rogenitors in the
male line is or 4as o1 Euro.ean descent 3ut 4ho is
domiciled 4ithin the territory o1 India and is or 4as
3orn 4ithin such territory o1 .arents ha3itually
resident therein and not esta3lished there 1or
tem.orary .ur.oses only/
:A< ?article@ means an article o1 this &onstitution/
:8< ?3orro4@ includes the raising o1 money 3y the
grant o1 annuities, and ?loan@ shall 3e construed
accordingly/
H H H H
:F< ?clause@ means a clause o1 the article in 4hich
the e2.ression occurs/
:>< ?cor.oration ta2@ means any ta2 on income,
so 1ar as that ta2 is .aya3le 3y com.anies and is a
ta2 in the case o1 4hich the 1ollo4ing conditions are
1ulBlled,C
:a< that it is not chargea3le in res.ect o1
agricultural income/
:b< that no deduction in res.ect o1 the ta2
.aid 3y com.anies is, 3y any enactments 4hich
may a..ly to the ta2, authorised to 3e made
1rom dividends .aya3le 3y the com.anies to
individuals/
:c< that no .rovision e2ists 1or taEing the ta2
so .aid into account in com.uting 1or the
EGect o1 1ailure
to com.ly 4ith,
or to give eGect
to, directions
given 3y the
'nion9
DeBnitions9
:%art 9$9.C/isce##aneous.CArts. A>F;A>>9<
6AF
&l9 :8A< 4as ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 F8
:49e919 ;6;7==< and omitted 3y the &onstitution :Forty;third Amendment< Act, 7==, s9
:49e919 A;8;7=K<9
.ur.oses o1 Indian income;ta2 the total income
o1 individuals receiving such dividends, or in
com.uting the Indian income;ta2 .aya3le 3y, or
re1unda3le to, such individuals/
:=< ?corres.onding Province@, ?corres.onding
Indian "tate@ or ?corres.onding "tate@ means in
cases o1 dou3t such Province, Indian "tate or "tate as
may 3e determined 3y the President to 3e the
corres.onding Province, the corres.onding Indian
"tate or the corres.onding "tate, as the case may 3e,
1or the .articular .ur.ose in Duestion/
:K< ?de3t@ includes any lia3ility in res.ect o1 any
o3ligation to re.ay ca.ital sums 3y 4ay o1 annuities
and any lia3ility under any guarantee, and ?de3t
charges@ shall 3e construed accordingly/
:7< ?estate duty@ means a duty to 3e assessed on
or 3y re1erence to the .rinci.al value, ascertained in
accordance 4ith such rules as may 3e .rescri3ed 3y
or under la4s made 3y Parliament or the Legislature
o1 a "tate relating to the duty, o1 all .ro.erty .assing
u.on death or deemed, under the .rovisions o1 the
said la4s, so to .ass/
:P< ?e2isting la4@ means any la4, Ordinance,
order, 3ye;la4, rule or regulation .assed or made
3e1ore the commencement o1 this &onstitution 3y any
Legislature, authority or .erson having .o4er to
maEe such a la4, Ordinance, order, 3ye;la4, rule or
regulation/
:< ?Federal &ourt@ means the Federal &ourt
constituted under the %overnment o1 India Act, 7AF/
:6< ?goods@ includes all materials, commodities,
and articles/
:A< ?guarantee@ includes any o3ligation
undertaEen 3e1ore the commencement o1 this
&onstitution to maEe .ayments in the event o1 the
.roBts o1 an undertaEing 1alling short o1 a s.eciBed
amount/
:8< ?High &ourt@ means any &ourt 4hich is
deemed 1or the .ur.oses o1 this &onstitution to 3e a
High &ourt 1or any "tate and includesC
:a< any &ourt in the territory o1 India
constituted or reconstituted under this &onstitution
as a High &ourt, and
:%art 9$9.C/isce##aneous.CArt. A>>9<
6A>
:b< any other &ourt in the territory o1 India
4hich may 3e declared 3y Parliament 3y la4 to
3e a High &ourt 1or all or any o1 the .ur.oses o1
this &onstitution/
:F< ?Indian "tate@ means any territory 4hich
the %overnment o1 the Dominion o1 India recognised
as such a "tate/
:>< ?Part@ means a Part o1 this &onstitution/
:=< ?.ension@ means a .ension, 4hether
contri3utory or not, o1 any Eind 4hatsoever .aya3le
to or in res.ect o1 any .erson, and includes retired
.ay so .aya3le/ a gratuity so .aya3le and any sum
or sums so .aya3le 3y 4ay o1 the return, 4ith or
4ithout interest thereon or any other addition
thereto, o1 su3scri.tions to a .rovident 1und/
:K< ?Proclamation o1 Emergency@ means a
Proclamation issued under clause :< o1 article AF6/
:7< ?.u3lic notiBcation@ means a notiBcation in
the %a+ette o1 India, or, as the case may 3e, the OMcial
%a+ette o1 a "tate/
:6P< ?rail4ay@ does not includeC
:a< a tram4ay 4holly 4ithin a munici.al area,
or
:b< any other line o1 communication 4holly
situate in one "tate and declared 3y Parliament 3y
la4 not to 3e a rail4ay/
H H H H H H
6!:66< ?$uler@ means the Prince, &hie1 or other
.erson 4ho, at any time 3e1ore the commencement o1
the &onstitution :T4enty;si2th Amendment< Act,
7=, 4as recognised 3y the President as the $uler
o1 an Indian "tate or any .erson 4ho, at any time
3e1ore such commencement, 4as recognised 3y the
President as the successor o1 such $uler/*
:6A< ?"chedule@ means a "chedule to this
&onstitution/
:68< ?"cheduled &astes@ means such castes, races
or tri3es or .arts o1 or grou.s 4ithin such castes,
&l9 :6< omitted 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9
6"u3s9 3y the &onstitution :T4enty;si2th Amendment< Act, 7=, s9 8, 1or cl9 :66<9
6A=
races or tri3es as are deemed under article A8 to 3e
"cheduled &astes 1or the .ur.oses o1 this
&onstitution/
:6F< ?"cheduled Tri3es@ means such tri3es or
tri3al communities or .arts o1 or grou.s 4ithin such
tri3es or tri3al communities as are deemed under
article A86 to 3e "cheduled Tri3es 1or the .ur.oses o1
this &onstitution/
:6>< ?securities@ includes stocE/
H H H H H H
:6=< ?su3;clause@ means a su3;clause o1 the clause
in 4hich the e2.ression occurs/
:6K< ?ta2ation@ includes the im.osition o1 any ta2
or im.ost, 4hether general or local or s.ecial, and
?ta2@ shall 3e construed accordingly/
:67< ?ta2 on income@ includes a ta2 in the nature
o1 an e2cess .roBts ta2/
6!:67A< ?ta2 on the sale or .urchase o1 goods@
includesC
:a< a ta2 on the trans1er, other4ise than in
.ursuance o1 a contract, o1 .ro.erty in any goods
1or cash, de1erred .ayment or other valua3le
consideration/
:b< a ta2 on the trans1er o1 .ro.erty in goods
:4hether as goods or in some other 1orm<
involved in the e2ecution o1 a 4orEs contract/
:c< a ta2 on the delivery o1 goods on hire.urchase
or any system o1 .ayment 3y
instalments/
:d< a ta2 on the trans1er o1 the right to use
any goods 1or any .ur.ose :4hether or not 1or a
s.eciBed .eriod< 1or cash, de1erred .ayment or
other valua3le consideration/
:e< a ta2 on the su..ly o1 goods 3y any
unincor.orated association or 3ody o1 .ersons
to a mem3er thereo1 1or cash, de1erred .ayment
or other valua3le consideration/
&l9 :6>A< 4as ins9 3y the &onstitution :Forty;second Amendment< Act, 7=>, s9 F8
:49e919 ;6;7==< and omitted 3y the &onstitution :Forty;third Amendment< Act, 7==, s9
:49e919 A;8;7=K<9
6Ins9 3y the &onstitution :Forty;si2th Amendment< Act, 7K6, s9 89
6AK
:!< a ta2 on the su..ly, 3y 4ay o1 or as .art
o1 any service or in any other manner
4hatsoever, o1 goods, 3eing 1ood or any other
article 1or human consum.tion or any drinE
:4hether or not into2icating<, 4here such su..ly
or service, is 1or cash, de1erred .ayment or other
valua3le consideration,
and such trans1er, delivery or su..ly o1 any goods shall
3e deemed to 3e a sale o1 those goods 3y the .erson
maEing the trans1er, delivery or su..ly and a .urchase
o1 those goods 3y the .erson to 4hom such trans1er,
delivery or su..ly is made/*
!:AP< ?'nion territory@ means any 'nion
territory s.eciBed in the First "chedule and includes
any other territory com.rised 4ithin the territory o1
India 3ut not s.eciBed in that "chedule9*
367. :< 'nless the conte2t other4ise reDuires, the
%eneral &lauses Act, K7=, shall, su3Nect to any
ada.tations and modiBcations that may 3e made therein
under article A=6, a..ly 1or the inter.retation o1 this
&onstitution as it a..lies 1or the inter.retation o1 an Act
o1 the Legislature o1 the Dominion o1 India9
:6< Any re1erence in this &onstitution to Acts or la4s
o1, or made 3y, Parliament, or to Acts or la4s o1, or
made 3y, the Legislature o1 a "tate 6HHH, shall 3e construed
as including a re1erence to an Ordinance made 3y the
President or, to an Ordinance made 3y a %overnor AHHH,
as the case may 3e9
:A< For the .ur.oses o1 this &onstitution ?1oreign
"tate@ means any "tate other than India,
Provided that, su3Nect to the .rovisions o1 any la4
made 3y Parliament, the President may 3y order8 declare
any "tate not to 3e a 1oreign "tate 1or such .ur.oses as
may 3e s.eciBed in the order9
Inter.retation9
"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9, 1or cl9 :AP<9
s9 67 and "ch9, ibid9
AThe 4ords ?or $aN.ramuEh ? omitted 3y s9 67 and "ch9, ibid.
8See the &onstitution :Declaration as to Foreign "tates< Order, 7FP :&9O9 6<9
:%art 9$9.C/isce##aneous.CArts. A>>;A>=9<
6A7
PART 44
A(END(ENT OF THE &ON"TIT'TION
368. 6!:< Not4ithstanding anything in this
&onstitution, Parliament may in e2ercise o1 its constituent
.o4er amend 3y 4ay o1 addition, variation or re.eal any
.rovision o1 this &onstitution in accordance 4ith the
.rocedure laid do4n in this article9*
A!:6<* An amendment o1 this &onstitution may 3e
initiated only 3y the introduction o1 a )ill 1or the .ur.ose
in either House o1 Parliament, and 4hen the )ill is .assed
in each House 3y a maNority o1 the total mem3ershi. o1
that House and 3y a maNority o1 not less than t4o;thirds
o1 the mem3ers o1 that House .resent and voting, 8!it
shall 3e .resented to the President 4ho shall give his
assent to the )ill and thereu.on* the &onstitution shall
stand amended in accordance 4ith the terms o1 the )ill,
Provided that i1 such amendment seeEs to maEe any
change inC
:a< article F8, article FF, article =A, article >6 or
article 68, or
:b< &ha.ter I# o1 Part #, &ha.ter # o1 Part #I, or
&ha.ter I o1 Part SI, or
:c< any o1 the Lists in the "eventh "chedule, or
:d< the re.resentation o1 "tates in Parliament, or
:e< the .rovisions o1 this article,
the amendment shall also reDuire to 3e ratiBed 3y the
Legislatures o1 not less than one;hal1 o1 the "tates FHHH 3y
resolutions to that eGect .assed 3y those Legislatures
68P
!Po4er o1
Parliament to
amend the
&onstitution and
.rocedure
there1or9*
"u3s9 3y the &onstitution :T4enty;1ourth Amendment< Act, 7=, s9 A, 1or ?Procedure
1or the amendment o1 the &onstitution@9
6Ins9 3y s9 A, ibid9
AArt9 A>K renum3ered as cl9 :6< thereo1 3y s9 A, ibid9
8"u3s9 3y s9 A, ibid9, 1or ?it shall 3e .resented to the President 1or his assent and u.on
such assent 3eing given to the )ill,@9
FThe 4ords and letters ?s.eciBed in Parts A and ) o1 the First "chedule@ omitted 3y the
&onstitution :"eventh Amendment< Act, 7F>, s9 67 and "ch9
3e1ore the )ill maEing .rovision 1or such amendment is
.resented to the President 1or assent9
!:A< Nothing in article A shall a..ly to any
amendment made under this article9*
6!:8< No amendment o1 this &onstitution :including
the .rovisions o1 Part III< made or .ur.orting to have
3een made under this article !4hether 3e1ore or a1ter the
commencement o1 section FF o1 the &onstitution :Fortysecond
Amendment< Act, 7=>* shall 3e called in Duestion
in any court on any ground9
:F< For the removal o1 dou3ts, it is here3y declared
that there shall 3e no limitation 4hatever on the
constituent .o4er o1 Parliament to amend 3y 4ay o1
addition, variation or re.eal the .rovisions o1 this
&onstitution under this article9*
Ins9 3y the &onstitution :T4enty;1ourth Amendment< Act, 7=, s9 A9
6&ls9 :8< and :F< 4ere ins9 in article A>K 3y s9 FF o1 the &onstitution :Forty;second
Amendment< Act, 7=>9 This section has 3een declared invalid 3y the "u.reme &ourt in
/iner+a /i##s ,td. and 7thers 4s. Union o! $ndia and 7thers :7KP< 6 "9&9&9 F79
(%art 99.CAmendment o! the Constitution9CArt. A>K9)
68
PART 44I
!TE(PO$A$0, T$AN"ITIONAL
AND "PE&IAL P$O#I"ION"*
369. Not4ithstanding anything in this &onstitution,
Parliament shall, during a .eriod o1 Bve years 1rom
the commencement o1 this &onstitution, have .o4er
to maEe la4s 4ith res.ect to the 1ollo4ing matters as
i1 they 4ere enumerated in the &oncurrent List,
namely,C
:a< trade and commerce 4ithin a "tate in, and
the .roduction, su..ly and distri3ution o1, cotton
and 4oollen te2tiles, ra4 cotton :including ginned
cotton and unginned cotton or kapas<, cotton
seed, .a.er :including ne4s.rint<, 1ood;stuGs
:including edi3le oilseeds and oil<, cattle 1odder
:including oil;caEes and other concentrates<, coal
:including coEe and derivatives o1 coal<, iron, steel
and mica/
:b< oGences against la4s 4ith res.ect to any o1
the matters mentioned in clause :a<, Nurisdiction and
.o4ers o1 all courts e2ce.t the "u.reme &ourt 4ith
res.ect to any o1 those matters, and 1ees in res.ect
o1 any o1 those matters 3ut not including 1ees taEen
in any court/
3ut any la4 made 3y Parliament, 4hich Parliament
4ould not 3ut 1or the .rovisions o1 this article have
3een com.etent to maEe, shall, to the e2tent o1 the
incom.etency, cease to have eGect on the e2.iration o1
the said .eriod, e2ce.t as res.ects things done or
omitted to 3e done 3e1ore the e2.iration thereo19
686
Tem.orary .o4er
to Parliament to
maEe la4s 4ith
res.ect to certain
matters in the "tate
List as i1 they 4ere
matters in the
&oncurrent List9
"u3s9 3y the &onstitution :Thirteenth Amendment< Act, 7>6, s9 6, 1or ?TE(PO$A$0
AND T$AN"ITIONAL P$O#I"ION"@ :49e919 ;6;7>A<9
!370. :< Not4ithstanding anything in this
&onstitution,C
:a< the .rovisions o1 article 6AK shall not a..ly in
relation to the "tate o1 -ammu and Rashmir/
:b< the .o4er o1 Parliament to maEe la4s 1or the
said "tate shall 3e limited toC
:i< those matters in the 'nion List and the
&oncurrent List 4hich, in consultation 4ith the
%overnment o1 the "tate, are declared 3y the
President to corres.ond to matters s.eciBed in
the Instrument o1 Accession governing the
accession o1 the "tate to the Dominion o1 India as
the matters 4ith res.ect to 4hich the Dominion
Legislature may maEe la4s 1or that "tate/ and
:ii< such other matters in the said Lists as, 4ith
the concurrence o1 the %overnment o1 the "tate,
the President may 3y order s.eci1y9
"xp#anation.CFor the .ur.oses o1 this article, the
%overnment o1 the "tate means the .erson 1or the time
3eing recognised 3y the President as the (aharaNa o1
-ammu and Rashmir acting on the advice o1 the &ouncil
o1 (inisters 1or the time 3eing in oMce under the
(aharaNaOs Proclamation dated the B1th day o1 (arch,
78K/
:c< the .rovisions o1 article and o1 this article
shall a..ly in relation to that "tate/
:d< such o1 the other .rovisions o1 this &onstitution
shall a..ly in relation to that "tate su3Nect to such
Tem.orary
.rovisions 4ith
res.ect to the "tate
o1 -ammu and
Rashmir9
In e2ercise o1 the .o4ers con1erred 3y this article the President, on the recommendation
o1 the &onstituent Assem3ly o1 the "tate o1 -ammu and Rashmir, declared that, as 1rom the
=th day o1 Novem3er, 7F6, the said art9 A=P shall 3e o.erative 4ith the modiBcation that
1or the "xp#anation in cl9 :< thereo1, the 1ollo4ing "xp#anation is su3stituted, namely,C
?"xp#anation.CFor the .ur.oses o1 this article, the %overnment o1 the "tate means
the .erson 1or the time 3eing recognised 3y the President on the recommendation o1 the
Legislative Assem3ly o1 the "tate as the H"adar;I;$iyasat o1 -ammu and Rashmir,
acting on the advice o1 the &ouncil o1 (inisters o1 the "tate 1or the time 3eing in oMce9@9
:(inistry o1 La4 Order No9 &9O9 88, dated the Fth Novem3er, 7F6<9
HNo4 ?%overnor@9
:%art 99$.CTemporary Transitiona# and Specia#
%ro+isions9CArt. A=P9<
68A
e2ce.tions and modiBcations as the President may
3y order s.eci1y,
Provided that no such order 4hich relates to the
matters s.eciBed in the Instrument o1 Accession o1
the "tate re1erred to in .aragra.h :i< o1 su3;clause :b<
shall 3e issued e2ce.t in consultation 4ith the
%overnment o1 the "tate,
Provided 1urther that no such order 4hich relates
to matters other than those re1erred to in the last
.receding .roviso shall 3e issued e2ce.t 4ith the
concurrence o1 that %overnment9
:6< I1 the concurrence o1 the %overnment o1 the "tate
re1erred to in .aragra.h :ii< o1 su3;clause :b< o1 clause :<
or in the second .roviso to su3;clause :d< o1 that clause
3e given 3e1ore the &onstituent Assem3ly 1or the .ur.ose
o1 1raming the &onstitution o1 the "tate is convened, it
shall 3e .laced 3e1ore such Assem3ly 1or such decision
as it may taEe thereon9
:A< Not4ithstanding anything in the 1oregoing
.rovisions o1 this article, the President may, 3y .u3lic
notiBcation, declare that this article shall cease to 3e
o.erative or shall 3e o.erative only 4ith such e2ce.tions
and modiBcations and 1rom such date as he may s.eci1y,
Provided that the recommendation o1 the &onstituent
Assem3ly o1 the "tate re1erred to in clause :6< shall 3e
necessary 3e1ore the President issues such a notiBcation9
6!371. AH H H H
the President may 3y order made 4ith res.ect to F!the
See the &onstitution :A..lication to -ammu and Rashmir< Order, 7F8 :&9O9 8K< as
amended 1rom time to time, in A..endi2 I9
6"u3s9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 66, 1or art9 A=9
A&l9 :< omitted 3y the &onstitution :Thirty;second Amendment< Act, 7=A, s9 6, :49e919
;=;7=8<9
8The 4ords ?Andhra Pradesh,@ omitted 3y s9 6, ibid9 :49e919 ;=;7=8<9
F"u3s9 3y the )om3ay $eorganisation Act, 7>P : o1 7>P<, s9 KF, 1or ?the "tate o1
)om3ay@ :49e919 ;F;7>P<9
%ro+isions9CArts. A=P;A=9<
688
".ecial .rovision
4ith res.ect to
the "tates o1 8HHH
(aharashtra and
%uNarat9
"tate o1 (aharashtra or %uNarat*, .rovide 1or any s.ecial
res.onsi3ility o1 the %overnor 1orC
:a< the esta3lishment o1 se.arate develo.ment
3oards 1or #idar3ha, (arath4ada, !and the rest o1
(aharashtra or, as the case may 3e,* "aurashtra,
Rutch and the rest o1 %uNarat 4ith the .rovision that
a re.ort on the 4orEing o1 each o1 these 3oards 4ill
3e .laced each year 3e1ore the "tate Legislative
Assem3ly/
:b< the eDuita3le allocation o1 1unds 1or
develo.mental e2.enditure over the said areas,
su3Nect to the reDuirements o1 the "tate as a 4hole/
and
:c< an eDuita3le arrangement .roviding adeDuate
1acilities 1or technical education and vocational
training, and adeDuate o..ortunities 1or em.loyment
in services under the control o1 the "tate %overnment,
in res.ect o1 all the said areas, su3Nect to the
reDuirements o1 the "tate as a 4hole9*
6!371A. :< Not4ithstanding anything in this
&onstitution,C
:a< no Act o1 Parliament in res.ect o1C
:i< religious or social .ractices o1 the Nagas,
:ii< Naga customary la4 and .rocedure,
:iii< administration o1 civil and criminal Nustice
involving decisions according to Naga customary
la4,
:i+< o4nershi. and trans1er o1 land and its
resources,
shall a..ly to the "tate o1 Nagaland unless the Legislative
Assem3ly o1 Nagaland 3y a resolution so decides/
:b< the %overnor o1 Nagaland shall have s.ecial
res.onsi3ility 4ith res.ect to la4 and order in the
".ecial .rovision
4ith res.ect to the
"tate o1 Nagaland9
"u3s9 3y the )om3ay $eorganisation Act, 7>P : o1 7>P<, s9 KF, 1or ?the rest o1
(aharashtra,@ :49e919 ;F;7>P<9
6Ins9 3y the &onstitution :Thirteenth Amendment< Act, 7>6, s9 6 :49e919 ;6;7>A<9
%ro+isions9CArts. A=;A=A9<
68F
"tate o1 Nagaland 1or so long as in his o.inion internal
distur3ances occurring in the Naga Hills;Tuensang
Area immediately 3e1ore the 1ormation o1 that "tate
continue therein or in any .art thereo1 and in the
discharge o1 his 1unctions in relation thereto the
%overnor shall, a1ter consulting the &ouncil o1
(inisters, e2ercise his individual Nudgment as to the
action to 3e taEen,
Provided that i1 any Duestion arises 4hether any
matter is or is not a matter as res.ects 4hich the
%overnor is under this su3;clause reDuired to act in
the e2ercise o1 his individual Nudgment, the decision
o1 the %overnor in his discretion shall 3e Bnal, and
the validity o1 anything done 3y the %overnor shall
not 3e called in Duestion on the ground that he ought
or ought not to have acted in the e2ercise o1 his
individual Nudgment,
Provided 1urther that i1 the President on recei.t o1
a re.ort 1rom the %overnor or other4ise is satisBed
that it is no longer necessary 1or the %overnor to
have s.ecial res.onsi3ility 4ith res.ect to la4 and
order in the "tate o1 Nagaland, he may 3y order
direct that the %overnor shall cease to have such
res.onsi3ility 4ith eGect 1rom such date as may 3e
s.eciBed in the order/
:c< in maEing his recommendation 4ith res.ect to
any demand 1or a grant, the %overnor o1 Nagaland
shall ensure that any money .rovided 3y the
%overnment o1 India out o1 the &onsolidated Fund o1
India 1or any s.eciBc service or .ur.ose is included
in the demand 1or a grant relating to that service or
.ur.ose and not in any other demand/
:d< as 1rom such date as the %overnor o1
Nagaland may 3y .u3lic notiBcation in this 3ehal1
s.eci1y, there shall 3e esta3lished a regional council
1or the Tuensang district consisting o1 thirty;Bve
mem3ers and the %overnor shall in his discretion
maEe rules .roviding 1orC
:i< the com.osition o1 the regional council and
the manner in 4hich the mem3ers o1 the regional
council shall 3e chosen,
%ro+isions9CArt. A=A9<
68>
Provided that the De.uty &ommissioner o1 the
Tuensang district shall 3e the &hairman ex o6cio
o1 the regional council and the #ice;&hairman o1
the regional council shall 3e elected 3y the
mem3ers thereo1 1rom amongst themselves/
:ii< the DualiBcations 1or 3eing chosen as, and
1or 3eing, mem3ers o1 the regional council/
:iii< the term o1 oMce o1, and the salaries and
allo4ances, i1 any, to 3e .aid to mem3ers o1, the
regional council/
:i+< the .rocedure and conduct o1 3usiness o1
the regional council/
:+< the a..ointment o1 oMcers and staG o1 the
regional council and their conditions o1 services/
and
:+i< any other matter in res.ect o1 4hich it is
necessary to maEe rules 1or the constitution and
.ro.er 1unctioning o1 the regional council9
1or a .eriod o1 ten years 1rom the date o1 the 1ormation
o1 the "tate o1 Nagaland or 1or such 1urther .eriod
as the %overnor may, on the recommendation o1 the
regional council, 3y .u3lic notiBcation s.eci1y in this
3ehal1,C
:a< the administration o1 the Tuensang district shall
3e carried on 3y the %overnor/
:b< 4here any money is .rovided 3y the
%overnment o1 India to the %overnment o1 Nagaland
to meet the reDuirements o1 the "tate o1 Nagaland
as a 4hole, the %overnor shall in his discretion
arrange 1or an eDuita3le allocation o1 that money
3et4een the Tuensang district and the rest o1 the
"tate/
68=
:c< no Act o1 the Legislature o1 Nagaland shall
a..ly to Tuensang district unless the %overnor, on
the recommendation o1 the regional council, 3y .u3lic
notiBcation so directs and the %overnor in giving
such direction 4ith res.ect to any such Act may
direct that the Act shall in its a..lication to the
Tuensang district or any .art thereo1 have eGect
su3Nect to such e2ce.tions or modiBcations as the
%overnor may s.eci1y on the recommendation o1 the
regional council,
Provided that any direction given under this
su3;clause may 3e given so as to have retros.ective
eGect/
:d< the %overnor may maEe regulations 1or the
.eace, .rogress and good %overnment o1 the
Tuensang district and any regulations so made may
re.eal or amend 4ith retros.ective eGect, i1 necessary,
any Act o1 Parliament or any other la4 4hich is 1or
the time 3eing a..lica3le to that district/
:e< :i< one o1 the mem3ers re.resenting the
Tuensang district in the Legislative Assem3ly o1
Nagaland shall 3e a..ointed (inister 1or Tuensang
aGairs 3y the %overnor on the advice o1 the &hie1
(inister and the &hie1 (inister in tendering his
advice shall act on the recommendation o1 the
maNority o1 the mem3ers as a1oresaid/
:ii< the (inister 1or Tuensang aGairs shall deal
4ith, and have direct access to the %overnor on,
all matters relating to the Tuensang district 3ut he
shall Eee. the &hie1 (inister in1ormed a3out the
same/
Paragra.h 6 o1 the &onstitution :$emoval o1 DiMculties< Order No9 S .rovides :49e919
;6;7>A< that article A=A o1 the &onstitution o1 India "hall have eGect as i1 the 1ollo4ing
Proviso 4ere added to .aragra.h :i< o1 su3;clause :e< o1 clause :6< thereo1, namely,C
?Provided that the %overnor may, on the advice o1 the &hie1 (inister, a..oint any
.erson as (inister 1or Tuensang aGairs to act as such until such time as .ersons are
chosen in accordance 4ith la4 to Bll the seats allocated to the Tuensang district in the
Legislative Assem3ly o1 Nagaland9@9
68K
:!< not4ithstanding anything in the 1oregoing
.rovisions o1 this clause, the Bnal decision on all
matters relating to the Tuensang district shall 3e
made 3y the %overnor in his discretion/
:() in articles F8 and FF and clause :8< o1 article
KP, re1erences to the elected mem3ers o1 the Legislative
Assem3ly o1 a "tate or to each such mem3er shall
include re1erences to the mem3ers or mem3er o1 the
Legislative Assem3ly o1 Nagaland elected 3y the
regional council esta3lished under this article/
:h< in article =PC
:i< clause :< shall, in relation to the Legislative
Assem3ly o1 Nagaland, have eGect as i1 1or the
4ord ?si2ty@, the 4ord ?1orty;si2@ had 3een
su3stituted/
:ii< in the said clause, the re1erence to direct
election 1rom territorial constituencies in the "tate
shall include election 3y the mem3ers o1 the
regional council esta3lished under this article/
:iii< in clauses :6< and :A<, re1erences to
territorial constituencies shall mean re1erences to
territorial constituencies in the Rohima and
(oEoEchung districts9
:A< I1 any diMculty arises in giving eGect to any o1
the 1oregoing .rovisions o1 this article, the President may
3y order do anything :including any ada.tation or
modiBcation o1 any other article< 4hich a..ears to him
to 3e necessary 1or the .ur.ose o1 removing that
diMculty,
Provided that no such order shall 3e made a1ter the
e2.iration o1 three years 1rom the date o1 the 1ormation
o1 the "tate o1 Nagaland9
"xp#anation.CIn this article, the Rohima,
(oEoEchung and Tuensang districts shall have the same
meanings as in the "tate o1 Nagaland Act, 7>69*
687
!371B. Not4ithstanding anything in this
&onstitution, the President may, 3y order made 4ith
res.ect to the "tate o1 Assam, .rovide 1or the constitution
and 1unctions o1 a committee o1 the Legislative Assem3ly
o1 the "tate consisting o1 mem3ers o1 that Assem3ly
elected 1rom the tri3al areas s.eciBed in 6!Part I* o1 the
ta3le a..ended to .aragra.h 6P o1 the "i2th "chedule
and such num3er o1 other mem3ers o1 that Assem3ly as
may 3e s.eciBed in the order and 1or the modiBcations
to 3e made in the rules o1 .rocedure o1 that Assem3ly
1or the constitution and .ro.er 1unctioning o1 such
committee9*
A!371C. :< Not4ithstanding anything in this
&onstitution, the President may, 3y order made 4ith
res.ect to the "tate o1 (ani.ur, .rovide 1or the
constitution and 1unctions o1 a committee o1 the
Legislative Assem3ly o1 the "tate consisting o1 mem3ers
o1 that Assem3ly elected 1rom the Hill Areas o1 that "tate,
1or the modiBcations to 3e made in the rules o1 3usiness
o1 the %overnment and in the rules o1 .rocedure o1 the
Legislative Assem3ly o1 the "tate and 1or any s.ecial
res.onsi3ility o1 the %overnor in order to secure the
.ro.er 1unctioning o1 such committee9
:6< The %overnor shall annually, or 4henever so
reDuired 3y the President, maEe a re.ort to the President
regarding the administration o1 the Hill Areas in the
"tate o1 (ani.ur and the e2ecutive .o4er o1 the 'nion
shall e2tend to the giving o1 directions to the "tate as to
the administration o1 the said areas9
"xp#anation.CIn this article, the e2.ression ?Hill
Areas@ means such areas as the President may, 3y order,
declare to 3e Hill areas9*
".ecial .rovision
4ith res.ect to
the "tate o1
Assam9
".ecial .rovision
4ith res.ect to
the "tate o1
(ani.ur9
Ins9 3y the &onstitution :T4enty;second Amendment< Act, 7>7, s9 89
?Part A@ :49e919 6;;7=6<9
AIns9 3y the &onstitution :T4enty;seventh Amendment< Act, 7=, s9 F :49e919
F;6;7=6<9
%ro+isions9CArts. A=1;A=C9<
6FP
".ecial .rovisions
4ith res.ect to the
"tate o1 Andhra
Pradesh9
!371D. :< The President may 3y order made 4ith
res.ect to the "tate o1 Andhra Pradesh .rovide, having
regard to the reDuirements o1 the "tate as a 4hole, 1or
eDuita3le o..ortunities and 1acilities 1or the .eo.le
3elonging to diGerent .arts o1 the "tate, in the matter
o1 .u3lic em.loyment and in the matter o1 education, and
diGerent .rovisions may 3e made 1or various .arts o1 the
"tate9
:6< An order made under clause :< may, in
.articular,C
:a< reDuire the "tate %overnment to organise any
class or classes o1 .osts in a civil service o1, or any
class or classes o1 civil .osts under, the "tate into
diGerent local cadres 1or diGerent .arts o1 the "tate
and allot in accordance 4ith such .rinci.les and
.rocedure as may 3e s.eciBed in the order the
.ersons holding such .osts to the local cadres so
organised/
:b< s.eci1y any .art or .arts o1 the "tate 4hich
shall 3e regarded as the local areaC
:i< 1or direct recruitment to .osts in any local
cadre :4hether organised in .ursuance o1 an order
under this article or constituted other4ise< under
the "tate %overnment/
:ii< 1or direct recruitment to .osts in any cadre
under any local authority 4ithin the "tate/ and
:iii< 1or the .ur.oses o1 admission to any
'niversity 4ithin the "tate or to any other
educational institution 4hich is su3Nect to the
control o1 the "tate %overnment/
:c< s.eci1y the e2tent to 4hich, the manner in 4hich
and the conditions su3Nect to 4hich, .re1erence or
reservation shall 3e given or madeC
:i< in the matter o1 direct recruitment to .osts in
any such cadre re1erred to in su3;clause :b< as may
3e s.eciBed in this 3ehal1 in the order/
Ins9 3y the &onstitution :Thirty;second Amendment< Act, 7=A, s9 A :49e919 ;=;7=8<9
%ro+isions9CArt. A=59<
6F
:ii< in the matter o1 admission to any such
'niversity or other educational institution re1erred
to in su3;clause :b< as may 3e s.eciBed in this
3ehal1 in the order,
to or in 1avour o1 candidates 4ho have resided or studied
1or any .eriod s.eciBed in the order in the local area in
res.ect o1 such cadre, 'niversity or other educational
institution, as the case may 3e9
:A< The President may, 3y order, .rovide 1or the
constitution o1 an Administrative Tri3unal 1or the "tate o1
Andhra Pradesh to e2ercise such Nurisdiction, .o4ers
and authority !including any Nurisdiction, .o4er and
authority 4hich immediately 3e1ore the commencement
o1 the &onstitution :Thirty;second Amendment< Act, 7=A,
4as e2ercisa3le 3y any court :other than the "u.reme
&ourt< or 3y any tri3unal or other authority* as may 3e
s.eciBed in the order 4ith res.ect to the 1ollo4ing matters,
namely,C
:a< a..ointment, allotment or .romotion to such
class or classes o1 .osts in any civil service o1 the
"tate, or to such class or classes o1 civil .osts under
the "tate, or to such class or classes o1 .osts under
the control o1 any local authority 4ithin the "tate, as
may 3e s.eciBed in the order/
:b< seniority o1 .ersons a..ointed, allotted or
.romoted to such class or classes o1 .osts in any
civil service o1 the "tate, or to such class or classes
o1 civil .osts under the "tate, or to such class or
classes o1 .osts under the control o1 any local
authority 4ithin the "tate, as may 3e s.eciBed in the
order/
:c< such other conditions o1 service o1 .ersons
a..ointed, allotted or .romoted to such class or
classes o1 .osts in any civil service o1 the "tate or to
such class or classes o1 civil .osts under the "tate or
to such class or classes o1 .osts under the control o1
any local authority 4ithin the "tate, as may 3e
s.eciBed in the order9
6F6
:8< An order made under clause :A< mayC
:a< authorise the Administrative Tri3unal to
receive re.resentations 1or the redress o1 grievances
relating to any matter 4ithin its Nurisdiction as the
President may s.eci1y in the order and to maEe such
orders thereon as the Administrative Tri3unal deems
Bt/
:b< contain such .rovisions 4ith res.ect to the
.o4ers and authorities and .rocedure o1 the
Administrative Tri3unal :including .rovisions 4ith
res.ect to the .o4ers o1 the Administrative Tri3unal
to .unish 1or contem.t o1 itsel1< as the President
may deem necessary/
:c< .rovide 1or the trans1er to the Administrative
Tri3unal o1 such classes o1 .roceedings, 3eing
.roceedings relating to matters 4ithin its Nurisdiction
and .ending 3e1ore any court :other than the
"u.reme &ourt< or tri3unal or other authority
immediately 3e1ore the commencement o1 such order,
as may 3e s.eciBed in the order/
:d< contain such su..lemental, incidental and
1ees and as to limitation, evidence or 1or the
a..lication o1 any la4 1or the time 3eing in 1orce
su3Nect to any e2ce.tions or modiBcations< as the
President may deem necessary9
:F< The Order o1 the Administrative Tri3unal Bnally
dis.osing o1 any case shall 3ecome eGective u.on its
conBrmation 3y the "tate %overnment or on the e2.iry o1
three months 1rom the date on 4hich the order is made,
4hichever is earlier,
Provided that the "tate %overnment may, 3y s.ecial
order made in 4riting and 1or reasons to 3e s.eciBed
In %. Sambamurthy and others vs9 State o! Andhara %radesh and another :7K=< "&&,
.9 A>6, the "u.reme &ourt declared cl9 :F< o1 art9 A=D along 4ith the .roviso to 3e
unconstitutional and void9
6FA
therein, modi1y or annul any order o1 the Administrative
Tri3unal 3e1ore it 3ecomes eGective and in such a case,
the order o1 the Administrative Tri3unal shall have eGect
only in such modiBed 1orm or 3e o1 no eGect, as the case
may 3e9
:>< Every s.ecial order made 3y the "tate %overnment
under the .roviso to clause :F< shall 3e laid, as soon as
may 3e a1ter it is made, 3e1ore 3oth Houses o1 the "tate
Legislature9
:=< The High &ourt 1or the "tate shall not have any
.o4ers o1 su.erintendence over the Administrative
Tri3unal and no court :other than the "u.reme &ourt< or
tri3unal shall e2ercise any Nurisdiction, .o4er or authority
in res.ect o1 any matter su3Nect to the Nurisdiction, .o4er
or authority o1, or in relation to, the Administrative
Tri3unal9
:K< I1 the President is satisBed that the continued
e2istence o1 the Administrative Tri3unal is not necessary,
the President may 3y order a3olish the Administrative
Tri3unal and maEe such .rovisions in such order as he
may deem Bt 1or the trans1er and dis.osal o1 cases
.ending 3e1ore the Tri3unal immediately 3e1ore such
a3olition9
:7< Not4ithstanding any Nudgment, decree or order
o1 any court, tri3unal or other authority,C
:a< no a..ointment, .osting, .romotion or trans1er
o1 any .ersonC
:i< made 3e1ore the st day o1 Novem3er, 7F>,
to any .ost under the %overnment o1, or any local
authority 4ithin, the "tate o1 Hydera3ad as it
e2isted 3e1ore that date/ or
:ii< made 3e1ore the commencement o1 the
&onstitution :Thirty;second Amendment< Act,
7=A, to any .ost under the %overnment o1, or
any local or other authority 4ithin, the "tate o1
Andhra Pradesh/ and
6F8
:b< no action taEen or thing done 3y or 3e1ore any
.erson re1erred to in su3;clause :a<,
shall 3e deemed to 3e illegal or void or ever to have
3ecome illegal or void merely on the ground that the
a..ointment, .osting, .romotion or trans1er o1 such
.erson 4as not made in accordance 4ith any la4, then
in 1orce, .roviding 1or any reDuirement as to residence
4ithin the "tate o1 Hydera3ad or, as the case may 3e,
4ithin any .art o1 the "tate o1 Andhra Pradesh, in res.ect
o1 such a..ointment, .osting, .romotion or trans1er9
:P< The .rovisions o1 this article and o1 any order
made 3y the President thereunder shall have eGect
1orce9
371E. Parliament may 3y la4 .rovide 1or the
esta3lishment o1 a 'niversity in the "tate o1 Andhra
Pradesh9*
!371F. Not4ithstanding anything in this
&onstitution,C
:a< the Legislative Assem3ly o1 the "tate o1 "iEEim
shall consist o1 not less than thirty mem3ers/
:b< as 1rom the date o1 commencement o1 the
&onstitution :Thirty;si2th Amendment< Act, 7=F
:herea1ter in this article re1erred to as the a..ointed
day<C
:i< the Assem3ly 1or "iEEim 1ormed as a result
o1 the elections held in "iEEim in A.ril, 7=8 4ith
thirty;t4o mem3ers elected in the said elections
:hereina1ter re1erred to as the sitting mem3ers<
shall 3e deemed to 3e the Legislative Assem3ly
o1 the "tate o1 "iEEim duly constituted under this
&onstitution/
Esta3lishment o1
&entral 'niversity
in Andhra Pradesh9
".ecial .rovisions
4ith res.ect to the
"tate o1 "iEEim9
Ins9 3y the &onstitution :Thirty;si2th Amendment< Act, 7=F, s9 A :49e919 6>;8;7=F<9
%ro+isions9CArts. A=5CA=*9<
6FF
:ii< the sitting mem3ers shall 3e deemed to 3e
the mem3ers o1 the Legislative Assem3ly o1 the
"tate o1 "iEEim duly elected under this
&onstitution/ and
:iii< the said Legislative Assem3ly o1 the "tate
o1 "iEEim shall e2ercise the .o4ers and .er1orm
the 1unctions o1 the Legislative Assem3ly o1 a "tate
under this &onstitution/
:c< in the case o1 the Assem3ly deemed to 3e the
Legislative Assem3ly o1 the "tate o1 "iEEim under
clause :b<, the re1erences to the .eriod o1 !Bve years*,
in clause :< o1 article =6 shall 3e construed as
re1erences to a .eriod o1 6!1our years* and the said
.eriod o1 6!1our years* shall 3e deemed to commence
1rom the a..ointed day/
:d< until other .rovisions are made 3y Parliament
3y la4, there shall 3e allotted to the "tate o1 "iEEim
one seat in the House o1 the Peo.le and the "tate o1
"iEEim shall 1orm one .arliamentary constituency
to 3e called the .arliamentary constituency 1or
"iEEim/
:e< the re.resentative o1 the "tate o1 "iEEim in the
House o1 the Peo.le in e2istence on the a..ointed
day shall 3e elected 3y the mem3ers o1 the Legislative
Assem3ly o1 the "tate o1 "iEEim/
:!< Parliament may, 1or the .ur.ose o1 .rotecting
the rights and interests o1 the diGerent sections o1
the .o.ulation o1 "iEEim maEe .rovision 1or the
num3er o1 seats in the Legislative Assem3ly o1 the
"tate o1 "iEEim 4hich may 3e Blled 3y candidates
3elonging to such sections and 1or the delimitation
o1 the assem3ly constituencies 1rom 4hich candidates
"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 8A, 1or ?si2 years@
:49e919 >;7;7=7<9 The 4ords ?si2 years@ 4ere su3s9 1or the original 4ords ?Bve years@ 3y the
&onstitution :Forty;second Amendment< Act, 7=>, s9 F> :49e919 A;;7==<9
6"u3s9 3y the &onstitution :Forty;1ourth Amendment< Act, 7=K, s9 8A, 1or ?Bve years@
:49e919 >;7;7=7<9 The 4ords ?Bve years@ 4ere su3s9 1or the original 4ords ?1our years@ 3y
the &onstitution :Forty;second Amendment< Act, 7=>, s9 F> :49e919 A;;7==<9
%ro+isions9CArt. A=*9<
6F>
3elonging to such sections alone may stand 1or
election to the Legislative Assem3ly o1 the "tate o1
"iEEim/
:(< the %overnor o1 "iEEim shall have s.ecial
res.onsi3ility 1or .eace and 1or an eDuita3le
arrangement 1or ensuring the social and economic
advancement o1 diGerent sections o1 the .o.ulation
o1 "iEEim and in the discharge o1 his s.ecial
res.onsi3ility under this clause, the %overnor o1
"iEEim shall, su3Nect to such directions as the
President may, 1rom time to time, deem Bt to issue,
act in his discretion/
:h< all .ro.erty and assets :4hether 4ithin or
outside the territories com.rised in the "tate o1
"iEEim< 4hich immediately 3e1ore the a..ointed day
4ere vested in the %overnment o1 "iEEim or in any
other authority or in any .erson 1or the .ur.oses o1
the %overnment o1 "iEEim shall, as 1rom the a..ointed
day, vest in the %overnment o1 the "tate o1 "iEEim/
:i< the High &ourt 1unctioning as such
immediately 3e1ore the a..ointed day in the
territories com.rised in the "tate o1 "iEEim shall, on
and 1rom the a..ointed day, 3e deemed to 3e the
High &ourt 1or the "tate o1 "iEEim/
:-< all courts o1 civil, criminal and revenue
Nurisdiction, all authorities and all oMcers, Nudicial,
e2ecutive and ministerial, throughout the territory
o1 the "tate o1 "iEEim shall continue on and 1rom the
a..ointed day to e2ercise their res.ective 1unctions
su3Nect to the .rovisions o1 this &onstitution/
:k< all la4s in 1orce immediately 3e1ore the
a..ointed day in the territories com.rised in the
"tate o1 "iEEim or any .art thereo1 shall continue
to 3e in 1orce therein until amended or re.ealed 3y
a com.etent Legislature or other com.etent
authority/
6F=
:#< 1or the .ur.ose o1 1acilitating the a..lication
o1 any such la4 as is re1erred to in clause :k< in
relation to the administration o1 the "tate o1 "iEEim
and 1or the .ur.ose o1 3ringing the .rovisions o1
any such la4 into accord 4ith the .rovisions o1 this
&onstitution, the President may, 4ithin t4o years
1rom the a..ointed day, 3y order, maEe such
ada.tations and modiBcations o1 the la4, 4hether
3y 4ay o1 re.eal or amendment, as may 3e necessary
or e2.edient, and thereu.on, every such la4 shall
have eGect su3Nect to the ada.tations and
modiBcations so made, and any such ada.tation or
modiBcation shall not 3e Duestioned in any court o1
la4/
:m< neither the "u.reme &ourt nor any other court
shall have Nurisdiction in res.ect o1 any dis.ute or
other matter arising out o1 any treaty, agreement,
engagement or other similar instrument relating to
"iEEim 4hich 4as entered into or e2ecuted 3e1ore
the a..ointed day and to 4hich the %overnment o1
India or any o1 its .redecessor %overnments 4as a
.arty, 3ut nothing in this clause shall 3e construed
to derogate 1rom the .rovisions o1 article 8A/
:n< the President may, 3y .u3lic notiBcation, e2tend
4ith such restrictions or modiBcations as he
thinEs Bt to the "tate o1 "iEEim any enactment 4hich
is in 1orce in a "tate in India at the date o1 the
notiBcation/
:o< i1 any diMculty arises in giving eGect to any o1
the 1oregoing .rovisions o1 this article, the President
may, 3y order, do anything :including any
ada.tation or modiBcation o1 any other article< 4hich
a..ears to him to 3e necessary 1or the .ur.ose o1
removing that diMculty,
Provided that no such order shall 3e made a1ter
the e2.iry o1 t4o years 1rom the a..ointed day/
See the &onstitution :$emoval o1 DiMculties< Order No9 SI :&9O9 77<9
6FK
:p< all things done and all actions taEen in or in
relation to the "tate o1 "iEEim or the territories
com.rised therein during the .eriod commencing
on the a..ointed day and ending immediately 3e1ore
the date on 4hich the &onstitution :Thirty;si2th
Amendment< Act, 7=F, receives the assent o1 the
President shall, in so 1ar as they are in con1ormity
4ith the .rovisions o1 this &onstitution as amended
3y the &onstitution :Thirty;si2th Amendment< Act,
7=F, 3e deemed 1or all .ur.oses to have 3een validly
done or taEen under this &onstitution as so
amended9*
!3716. Not4ithstanding anything in this
&onstitution,C
:a< no Act o1 Parliament in res.ect o1C
:i< religious or social .ractices o1 the (i+os,
:ii< (i+o customary la4 and .rocedure,
:iii< administration o1 civil and criminal Nustice
involving decisions according to (i+o customary
la4,
:i+< o4nershi. and trans1er o1 land,
shall a..ly to the "tate o1 (i+oram unless the
Legislative Assem3ly o1 the "tate o1 (i+oram 3y a
resolution so decides,
Provided that nothing in this clause shall a..ly
to any &entral Act in 1orce in the 'nion territory o1
(i+oram immediately 3e1ore the commencement o1
the &onstitution :Fi1ty;third Amendment< Act, 7K>/
:b< the Legislative Assem3ly o1 the "tate o1
(i+oram shall consist o1 not less than 1orty
mem3ers9*
6!371H. Not4ithstanding anything in this
&onstitution,C
:a< the %overnor o1 Arunachal Pradesh shall have
s.ecial res.onsi3ility 4ith res.ect to la4 and order
".ecial .rovision
4ith res.ect to the
"tate o1 (i+oram9
".ecial .rovision
4ith res.ect to the
"tate o1 Arunachal
Pradesh9
Ins9 3y the &onstitution :Fi1ty;third Amendment< Act, 7K>, s9 6 :49e919 6P;6;7K=<9
6Ins9 3y the &onstitution :Fi1ty;B1th Amendment< Act, 7K>, s9 6 :49e919 6P;6;7K=<9
%ro+isions9CArts. A=*CA=E9<
6F7
in the "tate o1 Arunachal Pradesh and in the discharge
o1 his 1unctions in relation thereto, the %overnor shall,
a1ter consulting the &ouncil o1 (inisters, e2ercise his
individual Nudgment as to the action to 3e taEen,
Provided that i1 any Duestion arises 4hether any
matter is or is not a matter as res.ects 4hich the
%overnor is under this clause reDuired to act in the
e2ercise o1 his individual Nudgment, the decision o1
the %overnor in his discretion shall 3e Bnal, and the
validity o1 anything done 3y the %overnor shall not
3e called in Duestion on the ground that he ought or
ought not to have acted in the e2ercise o1 his
individual Nudgment,
Provided 1urther that i1 the President on recei.t
o1 a re.ort 1rom the %overnor or other4ise is satisBed
that it is no longer necessary 1or the %overnor to
have s.ecial res.onsi3ility 4ith res.ect to la4 and
order in the "tate o1 Arunachal Pradesh, he may 3y
order direct that the %overnor shall cease to have
such res.onsi3ility 4ith eGect 1rom such date as may
3e s.eciBed in the order/
:b< the Legislative Assem3ly o1 the "tate o1
Arunachal Pradesh shall consist o1 not less than
thirty mem3ers9*
!3717I. Not4ithstanding anything in this
&onstitution, the Legislative Assem3ly o1 the "tate o1 %oa
shall consist o1 not less than thirty mem3ers9*
372. :< Not4ithstanding the re.eal 3y this
&onstitution o1 the enactments re1erred to in article A7F
3ut su3Nect to the other .rovisions o1 this &onstitution, all
the la4 in 1orce in the territory o1 India immediately
3e1ore the commencement o1 this &onstitution shall
continue in 1orce therein until altered or re.ealed or
amended 3y a com.etent Legislature or other com.etent
authority9
:6< For the .ur.ose o1 3rining the .rovisions o1 any
la4 in 1orce in the territory o1 India into accord 4ith the
".ecial .rovision
4ith res.ect to the
"tate o1 %oa9
&ontinuance in
1orce o1 e2isting
la4s and their
ada.tation9
Ins9 3y the &onstitution :Fi1ty;si2th Amendment< Act, 7K=, s9 6 :49e919 AP;F;7K=<9
%ro+isions9CArts. A=ECA=69<
6>P
.rovisions o1 this &onstitution, the President may 3y
order maEe such ada.tations and modiBcations o1 such
la4, 4hether 3y 4ay o1 re.eal or amendment, as may 3e
necessary or e2.edient, and .rovide that the la4 shall, as
1rom such date as may 3e s.eciBed in the order, have
eGect su3Nect to the ada.tations and modiBcations so
made, and any such ada.tation or modiBcation shall not
3e Duestioned in any court o1 la49
:A< Nothing in clause :6< shall 3e deemedC
:a< to em.o4er the President to maEe any
ada.tation or modiBcation o1 any la4 a1ter the
e2.iration o1 6!three years* 1rom the commencement
o1 this &onstitution/ or
:b< to .revent any com.etent Legislature or other
com.etent authority 1rom re.ealing or amending any
la4 ada.ted or modiBed 3y the President under the
said clause9
"xp#anation $9CThe e2.ression ?la4 in 1orce@ in this
article shall include a la4 .assed or made 3y a Legislature
or other com.etent authority in the territory o1 India 3e1ore
the commencement o1 this &onstitution and not .reviously
re.ealed, not4ithstanding that it or .arts o1 it may not 3e
then in o.eration either at all or in .articular areas9
"xp#anation $$9CAny la4 .assed or made 3y a
Legislature or other com.etent authority in the territory
o1 India 4hich immediately 3e1ore the commencement o1
this &onstitution had e2tra;territorial eGect as 4ell as
eGect in the territory o1 India shall, su3Nect to any such
ada.tations and modiBcations as a1oresaid, contiue to
have such e2tra;territorial eGect9
See the Ada.tation o1 La4s Order, 7FP, dated the 6>th -anuary, 7FP, %a+ette o1
India, E2traordinary, .9 887, as amended 3y NotiBcation No9 "9$9O9 F, dated the Fth -une,
7FP, %a+ette o1 India, E2traordinary, Part II, "ection A, .9 F, NotiBcation No9 "9$9O9 K=P,
dated the 8th Novem3er, 7FP, %a+ette o1 India, E2traordinary, Part II, "ection A, .9 7PA,
NotiBcation No9 "9$9O9 FPK, dated the 8th A.ril, 7F, %a+ette o1 India, E2traordinary, Part
II, "ection A, .9 6K=, NotiBcation No9 "9$9O9 8P), dated 6nd -uly, 7F6, %a+ette o1 India,
E2traordinary, Part II, "ection A, .9 >>TI/ and the Ada.tation o1 the Travancore;&ochin
Land AcDuisition La4s Order, 7F6, dated the 6Pth Novem3er, 7F6, %a+ette o1 India,
E2traordinary, Part II, "ection A, .9 76A9
6"u3s9 3y the &onstitution :First Amendment< Act, 7F, s9 6, 1or ?t4o years@9
6>
"xp#anation $$$9CNothing in this article shall 3e
construed as continuing any tem.orary la4 in 1orce
3eyond the date B2ed 1or its e2.iration or the date on
4hich it 4ould have e2.ired i1 this &onstitution had not
come into 1orce9
"xp#anation $4.CAn Ordinance .romulgated 3y the
%overnor o1 a Province under section KK o1 the
%overnment o1 India Act, 7AF, and in 1orce immediately
3e1ore the commencement o1 this &onstitution shall, unless
4ithdra4n 3y the %overnor o1 the corres.onding "tate
earlier, cease to o.erate at the e2.iration o1 si2 4eeEs
1rom the Brst meeting a1ter such commencement o1 the
Legislative Assem3ly o1 that "tate 1unctioning under
clause :< o1 article AK6, and nothing in this article shall
3e construed as continuing any such Ordinance in 1orce
3eyond the said .eriod9
!372A. :< For the .ur.oses o1 3ringing the .rovisions
o1 any la4 in 1orce in India or in any .art thereo1,
immediately 3e1ore the commencement o1 the
&onstitution :"eventh Amendment< Act, 7F>, into accord
4ith the .rovisions o1 this &onstitution as amended 3y
that Act, the President may 3y order6 made 3e1ore the
Brst day o1 Novem3er, 7F=, maEe such ada.tations and
modiBcations o1 the la4, 4hether 3y 4ay o1 re.eal or
amendment, as may 3e necessary or e2.edient, and
.rovide that the la4 shall, as 1rom such date as may 3e
s.eciBed in the order, have eGect su3Nect to the
ada.tations and modiBcations so made, and any such
ada.tation or modiBcation shall not 3e Duestioned in
any court o1 la49
:6< Nothing in clause :< shall 3e deemed to .revent
a com.etent Legislature or other com.etent authority
1rom re.ealing or amending any la4 ada.ted or modiBed
3y the President under the said clause9*
373. 'ntil .rovision is made 3y Parliament under
clause :=< o1 article 66, or until the e2.iration o1 one year
1rom the commencement o1 this &onstitution, 4hichever
is earlier, the said article shall have eGect as i1 1or any
re1erence to Parliament in clauses :8< and :=< thereo1 there
Po4er o1 the
President to
ada.t la4s9
Ins9 3y the &onstitution :"eventh Amendment< Act, 7F>, s9 6A9
6See the Ada.tation o1 La4s Orders o1 7F> and 7F=9
Po4er o1 President
to maEe order in
res.ect o1 .ersons
under .reventive
detention in certain
cases9
%ro+isions9CArts. A=6CA=A9<
6>6
4ere su3stituted a re1erence to the President and 1or any
re1erence to any la4 made 3y Parliament in those clauses
there 4ere su3stituted a re1erence to an order made 3y
the President9
374. :< The -udges o1 the Federal &ourt holding oMce
&onstitution shall, unless they have elected other4ise,
3ecome on such commencement the -udges o1 the
"u.reme &ourt and shall thereu.on 3e entitled to such
salaries and allo4ances and to such rights in res.ect
o1 leave o1 a3sence and .ension as are .rovided 1or
under article 6F in res.ect o1 the -udges o1 the "u.reme
&ourt9
:6< All suits, a..eals and .roceedings, civil or
criminal, .ending in the Federal &ourt at the
commencement o1 this &onstitution shall stand removed
to the "u.reme &ourt, and the "u.reme &ourt shall have
Nurisdiction to hear and determine the same, and the
Nudgments and orders o1 the Federal &ourt delivered or
made 3e1ore the commencement o1 this &onstitution shall
have the same 1orce and eGect as i1 they had 3een
delivered or made 3y the "u.reme &ourt9
:A< Nothing in this &onstitution shall o.erate to
invalidate the e2ercise o1 Nurisdiction 3y His (aNesty in
&ouncil to dis.ose o1 a..eals and .etitions 1rom, or in
res.ect o1, any Nudgment, decree or order o1 any court
4ithin the territory o1 India in so 1ar as the e2ercise o1
such Nurisdiction is authorised 3y la4, and any order o1
His (aNesty in &ouncil made on any such a..eal or
.etition a1ter the commencement o1 this &onstitution
shall 1or all .ur.oses have eGect as i1 it 4ere an order
or decree made 3y the "u.reme &ourt in the e2ercise o1
the Nurisdiction con1erred on such &ourt 3y this
&onstitution9
:8< On and 1rom the commencement o1 this
&onstitution the Nurisdiction o1 the authority 1unctioning
as the Privy &ouncil in a "tate s.eciBed in Part ) o1 the
Provisions as to
-udges o1 the
Federal &ourt and
.roceedings
.ending in the
Federal &ourt or
3e1ore His (aNesty
in &ouncil9
%ro+isions9CArt. A=A;A=89<
6>A
First "chedule to entertain and dis.ose o1 a..eals and
.etitions 1rom or in res.ect o1 any Nudgment, decree or
order o1 any court 4ithin that "tate shall cease, and all
a..eals and other .roceedings .ending 3e1ore the said
authority at such commencement shall 3e trans1erred to,
and dis.osed o1 3y, the "u.reme &ourt9
:F< Further .rovision may 3e made 3y Parliament 3y
la4 to give eGect to the .rovisions o1 this article9
375. All courts o1 civil, criminal and revenue
Nurisdiction, all authorities and all oMcers, Nudicial,
e2ecutive and ministerial, throughout the territory o1
India, shall continue to e2ercise their res.ective 1unctions
su3Nect to the .rovisions o1 this &onstitution9
376. :< Not4ithstanding anything in clause :6< o1
article 6=, the -udges o1 a High &ourt in any Province
holding oMce immediately 3e1ore the commencement o1
this &onstitution shall, unless they have elected other4ise,
3ecome on such commencement the -udges o1 the High
&ourt in the corres.onding "tate, and shall thereu.on 3e
entitled to such salaries and allo4ances and to such
rights in res.ect o1 leave o1 a3sence and .ension as are
.rovided 1or under article 66 in res.ect o1 the -udges o1
such High &ourt9 !Any such -udge shall, not4ithstanding
that he is not a citi+en o1 India, 3e eligi3le 1or a..ointment
as &hie1 -ustice o1 such High &ourt, or as &hie1 -ustice or
other -udge o1 any other High &ourt9*
:6< The -udges o1 a High &ourt in any Indian "tate
corres.onding to any "tate s.eciBed in Part ) o1 the First
"chedule holding oMce immediately 3e1ore the
commencement o1 this &onstitution shall, unless they
have elected other4ise, 3ecome on such commencement
the -udges o1 the High &ourt in the "tate so s.eciBed
and shall, not4ithstanding anything in clauses :< and
:6< o1 article 6= 3ut su3Nect to the .roviso to clause :<
o1 that article, continue to hold oMce until the e2.iration
o1 such .eriod as the President may 3y order determine9
&ourts, authorities
and oMcers to
continue to
1unction su3Nect to
the .rovisions o1
the &onstitution9
Provisions as to
-udges o1 High
&ourts9
Added 3y the 3y the &onstitution :First Amendment< Act, 7F, s9 A9
%ro+isions9CArts. A=8CA=>9<
6>8
:A< In this article, the e2.ression ?-udge@ does not
include an acting -udge or an additional -udge9
377. The Auditor;%eneral o1 India holding oMce
&onstitution shall, unless he has elected other4ise,
3ecome on such commencement the &om.troller and
Auditor;%eneral o1 India and shall thereu.on 3e entitled
to such salaries and to such rights in res.ect o1 leave o1
a3sence and .ension as are .rovided 1or under
clause :A< o1 article 8K in res.ect o1 the &om.troller and
Auditor;%eneral o1 India and 3e entitled to continue to
hold oMce until the e2.iration o1 his term o1 oMce as
determined under the .rovisions 4hich 4ere a..lica3le
to him immediately 3e1ore such commencement9
378. :< The mem3ers o1 the Pu3lic "ervice
&ommission 1or the Dominion o1 India holding oMce
&onstitution shall, unless they have elected other4ise,
3ecome on such commencement the mem3ers o1 the
Pu3lic "ervice &ommission 1or the 'nion and shall,
not4ithstanding anything in clauses :< and :6< o1
article A> 3ut su3Nect to the .roviso to clause :6< o1 that
article, continue to hold oMce until the e2.iration o1
their term o1 oMce as determined under the rules 4hich
4ere a..lica3le immediately 3e1ore such commencement
to such mem3ers9
:6< The mem3ers o1 a Pu3lic "ervice &ommission o1 a
Province or o1 a Pu3lic "ervice &ommission serving the
needs o1 a grou. o1 Provinces holding oMce immediately
3e1ore the commencement o1 this &onstitution shall, unless
they have elected other4ise, 3ecome on such
commencement the mem3ers o1 the Pu3lic "ervice
&ommission 1or the corres.onding "tate or the mem3ers
o1 the -oint "tate Pu3lic "ervice &ommission serving the
needs o1 the corres.onding "tates, as the case may 3e,
and shall, not4ithstanding anything in clauses :< and
:6< o1 article A> 3ut su3Nect to the .roviso to clause :6<
o1 that article, continue to hold oMce until the e2.iration
o1 their term o1 oMce as determined under the rules 4hich
4ere a..lica3le immediately 3e1ore such commencement
to such mem3ers9
Provisions as to
&om.troller and
Auditor;%eneral
o1 India9
Provisions as to
Pu3lic "ervice
&ommissions9
%ro+isions9CArt. A=>CA=K9<
6>F
!378A. Not4ithstanding anything contained in article
=6, the Legislative Assem3ly o1 the "tate o1 Andhra
Pradesh as constituted under the .rovisions o1 sections
6K and 67 o1 the "tates $eorganisation Act, 7F>, shall,
unless sooner dissolved, continue 1or a .eriod o1 Bve
years 1rom the date re1erred to in the said section 67 and
no longer and the e2.iration o1 the said .eriod shall
o.erate as a dissolution o1 that Legislative Assem3ly9*
379.5391. Rep. by the Constitution (Se+enth Amendment)
392. :< The President may, 1or the .ur.ose o1 removing
any diMculties, .articularly in relation to the transition
1rom the .rovisions o1 the %overnment o1 India Act, 7AF,
to the .rovisions o1 this &onstitution, 3y order direct that
this &onstitution shall, during such .eriod as may 3e
s.eciBed in the order, have eGect su3Nect to such
ada.tations, 4hether 3y 4ay o1 modiBcation, addition or
omission, as he may deem to 3e necessary or e2.edient,
Provided that no such order shall 3e made a1ter the
Brst meeting o1 Parliament duly constituted under &ha.ter
II o1 Part #9
:6< Every order made under clause :< shall 3e laid
3e1ore Parliament9
:A< The .o4ers con1erred on the President 3y this
article, 3y article A68, 3y clause :A< o1 article A>= and 3y
article A7 shall, 3e1ore the commencement o1 this
&onstitution, 3e e2ercisa3le 3y the %overnor;%eneral o1
the Dominion o1 India9
".ecial .rovision
as to duration o1
Andhra Pradesh
Legislative
Assem3ly9
Po4er o1 the
President to
remove diMculties9
%ro+isions9CArt. A=KACA769<
6>>
PART 44II
"HO$T TITLE, &O((EN&E(ENT !, A'THO$ITATI#E
TEST IN HINDI* AND $EPEAL"
393. This &onstitution may 3e called the &onstitution
o1 India9
394. This article and articles F, >, =, K, 7, >P, A68, A>>,
A>=, A=7, AKP, AKK, A7, A76 and A7A shall come into 1orce
at once, and the remaining .rovisions o1 this &onstitution
shall come into 1orce on the t4enty;si2th day o1 -anuary,
7FP, 4hich day is re1erred to in this &onstitution as the
commencement o1 this &onstitution9
6!394A. :< The President shall cause to 3e .u3lished
under his authority,C
:a< the translation o1 this &onstitution in the Hindi
language, signed 3y the mem3ers o1 the &onstituent
Assem3ly, 4ith such modiBcations as may 3e
necessary to 3ring it in con1ormity 4ith the language,
style and terminology ado.ted in the authoritative
te2ts o1 &entral Acts in the Hindi language, and
incor.orating therein all the amendments o1 this
&onstitution made 3e1ore such .u3lication/ and
:b< the translation in the Hindi language o1 every
amendment o1 this &onstitution made in the English
language9
:6< The translation o1 this &onstitution and o1 every
amendment thereo1 .u3lished under clause :< shall 3e
construed to have the same meaning as the original
thereo1 and i1 any diMculty arises in so construing any
.art o1 such translation, the President shall cause the
same to 3e revised suita3ly9
:A< The translation o1 this &onstitution and o1 every
amendment thereo1 .u3lished under this article shall 3e
6>=
"hort title9
&ommencement9
Authoritative te2t
in the Hindi
language9
Ins9 3y the &onstitution :Fi1ty;eighth Amendment< Act, 7K=, s9 69
6Ins9 3y s9 A, ibid.
deemed to 3e, 1or all .ur.oses, the authoritative te2t
thereo1 in the Hindi language9*
395. The Indian Inde.endence Act, 78=, and the
%overnment o1 India Act, 7AF, together 4ith all
enactments amending or su..lementing the latter Act,
3ut not including the A3olition o1 Privy &ouncil
-urisdiction Act, 787, are here3y re.ealed9
$e.eals9
(%art 99$$.CShort Tit#e Commencement Authoritati+e
Text in Eindi and Repea#s.:Arts. @FBA;A7F.)
6>K

The Constitution of India: The Union and Its Territory

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THE CONSTITUTION OF INDIA

WE, THE PEOPLE OF INDIA, having solemnly

reDuest any .erson 4ho has held the oMce o1 a -udge o1

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