The Constitution of India in A Succinct and Simplified Language

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 53

The Constitution of India in a succinct and simplified Language.

Preamble
Preamble: We the people of India constitute ourselves a Socialist, Secular and Sovereign
Democratic Republic.
Socialist: The means of production, distribution and exchange are controlled by the community. The
allocation of resources is based on an individuals capacity to contribute.
Secular: All religions are equal and anyone may profess any religion he feels like.
Sovereign: India is independent from any foreign control and has the supreme authority over the
territory.
Democracy: People have the power to participate in the government either directly or through
representatives. The pure meaning of democracy gives majority complete power to rule to the liking
of the majority. The minority interests may not be taken into consideration
Republic: People are empowered, There is no monarch and there is a constitution which protects the
interests of minorities among its other functions.
All Indian citizens are secured with Justice, Equality, Liberty and Fraternity
Justice: Socio, Economic and Political
Liberty: Freedom of thought, Expression, Faith and Belief
Equality: Status and Opportunity
Fraternity: Assuring dignity of individual and maintaining unity and integrity of the nation
Constitution was initially adopted on the 26
th
of November 1949, National Law day

The date of 26
th
of January was to commemorate the poorna swaraj independence ( 26
th
jan
1930)

It replaced the government of India act of 1935

Socialist and Secular were added on 1976 Mini constitution

Constitutional Autochthony was attained by repealing the India Independence Act. 1947
which was supposed to serve as a temporary constitution until India and Pakistan formed
their own.

Prime Architect was B.R Ambedkar

The constitution of India has 25 parts, 448 articles, 12 schedules, 98 amendments and 5
Appendices
The Parts
Easy way to remember the name of the parts:
1) United Citizen fund of Dpsp FunDu has US SUPporting the Municipal CoSTing (1 10)
2) RUSsian Finproconts have Tracit SUUST for ESPOLEP (11 18)
3) MAC TTS STATCH (19-22)
Part 1 Union and Its territory
Part 2 Citizenship
Part 3 Fundamental Rights
Part 4 - Directive principles of state policy
Part 4A Fundamental Duties
Part 5- The Union
Part 6 The State
Part 7 State (repealed)
Part 8 Union Territories
Part 9 The Panchayats
Part 9A- The Municipality
Part 9B Co-operative societies
Part 10 The Scheduled and Tribal Areas
Part 11 Relation between Union and States
Part 12 Finance, Property, Contracts and Suits
Part 13 Trade and Commerce
Part 14 Services under the Union and States
Part 14A- Tribunals
Part 15 Elections
Part 16 Special Provisions for certain classes
Part 17 Official Language
Part 18 Emergency Provisions
Part 19 Miscellaneous
Part 20 Constitutional Amendments Part 21 Temporary, Transitional and Special Provisions,
Part 22 Short title, Date of commencement, Authoritative text in Hindi etc.
Amendments to the constitution
Part 1 Art(1-4) Union and its territories

Article 1
India or Bharat is a union of states
List of States and UTs in the first schedule
India shall comprise of States and UTs and other territories which may be acquired
Article 2
Parliament may establish or admit new states into the union as it thinks fit
Article 3
Parliament may form new states by breaking existing states or joining 2 or more states
Increase the boundary of any state
Decrease the boundary of any state
Alter the boundary of any state
Alter the name of any state
Parliament may introduce the bill only the recommendation of the president
President will refer the bill for the opinion of the respective state to its respective state
legislature
Article 4
Any law relating to Article 2 or 3 will have to provide provision for amending the 1
st
and 4
th

schedule which are the list of states and number seats of house of council representatives
from the states respectively.
Any law passed under this article need not be considered as an amendment to the
constitution under article 368






Part 2 Art (5 -11) Citizenship

Article 5 Anybody who has his domicile in India and has been born in India or his parents have
been born in India or has been a resident of India for at least 5 years IS a citizen of India before the
commencement of the constitution
Article 6 Anybody who has migrated from the region of Pakistan will be considered a citizen of
India if
If his parents or grandparents were born in India according to the Govt. of India act 1935
And has migrated before 19
th
July 1948
Or Migrated after the 19
th
July 1948 but has been registered by an officer of the govt.
before the commencement of the constitution
Has been a resident of India for at least 6 months before making such an application
So technically anyone who has migrated after 26
th
July 1949 has no chance ?
Article 7 Anyone who has migrated from India to Pakistan after 1
st
March 1947 shall now be
deemed not to be a citizen of India. But anyone who has returned for permanent resettlement shall
be considered to have migrated after 19
th
July 1948.
Article 8 Any person whose Grandparents or parents were born in India (Acc to the Govt. of India
act 1935) but he was born outside of India shall be considered a citizen of India , provided he applies
at the respective consulate or embassy.
Article 9 If the above person has voluntarily taken up foreign citizenship, he will not be a citizen of
India.
Article 10 Any person, who is a citizen of India according to the forgone articles, will continue to be
a citizen of India subject to provisions made by the parliament.
Article 11 The parliament has the powers to make any provision for the acquisition or termination
of citizenship and all other matters relating to citizenship.







Part 3 Art (12 35) Fundamental Rights

(EqFEX RelECREM LDEUT FOLED )
Article 12 In this part unless otherwise stated , the state means central and state governments
including UTs
Article 13 Any existing laws before the commencement of the constitution which are in contrary to
the provisions of this part shall be deemed void
State shall not make any law which takes away the rights conferred in this part and if it is
made it shall be deemed void
Law can mean ordinance, order, bye law, regulation , notification etc. or any existing laws
which have not been repealed
Nothing in this article shall apply to any amendment under article 368
Article 14 State shall not deny to any person equality before law and equal protection before law
anywhere in the territory
Article 15 No discrimination in India plz, and no discrimination with respect to public places , but
special provisions can be made for women and children
Article 16 Equality in public employment, reservation for backward classes, vacant reservations can
be taken up next year with a ceiling of 50% reservation. Law can be there for any officer dealing
with religious affairs to be of that religion etc.
Article 17 Untouchability is abolished and will be considered as an offence
Article 18 No title apart from military or academic shall be conferred by the state
No citizen of India shall accept titles from foreign entity , but like shahrukh khan he can
accept the award but not use title it in India, he may use it in that country
A person who is not a citizen of India but in public office cannot accept title without the
consent of the president
No person who holds public office can accept emoluments, presents etc. from foreign
entities without the permission of the president.
Article 19 FAURSP
Freedom of speech and expression
Assemble peacefully without arms
Unions and Associations formations
Roam around entire territory of India
Settle and reside in any part of the territory
Practice any profession or trade ( but he has to be qualified as set by law )
Article 20
No person shall be convicted for an offence other than that of the violation of the existing
law at that time or be punished greater than what the law stipulates.
No person shall be convicted for the same offence more than once
No person accused of an offence shall be forced to be a witness against himself.
Article 21 No person shall be deprived of his personal liberty or life according to the law
established.
Article 21A Onus on state to provide free and compulsory education to children between the ages
of 6 and 14
Article 22
No person who is arrested shall be detained in custody without being informed the offence
and or be denied the right to counsel.
Every person who is arrested shall be brought in front the nearest magistrate within a period
of 24 hours of the arrest without including the travel time. Detention can be extended only
with the permission of the magistrate.
But the above clause need not apply to any one who is an enemy alien, arrested under
preventive detention
Preventive detention can be initially for a max of 3 months, but extended by an advisory
board that are constituted of the people who are eligible to be HC Judges. The max period of
the persons detention can be decided by the parliament
Parliament can provide for the laws which can alter the initial max detention period without
the advice of the Advisory board, provide what the max total time of detention is , the
procedure for the advisory board
Article 23 Trafficking of human beings is illegal , Begging is illegal and Govt can impose compulsory
public service without any discrimination.
Article 24 No person below the age of 14 shall be forced to work.
Article 25 Subject to public order, morality and health
Freedom of conscience and Freedom of religion
Laws can regulate Financial, Economic and Political activities which are related to religious
activities
Social welfare and Reform and throwing open Hindi institutes of public character to all
sections of Hindus, Hindus referred include Sikhs, Jains and Buddhists.
Article 26 Subject to public order, morality and health a religious denomination (subgroup)
Build and maintain institutions for religious & charitable purposes
Manage its own affairs internally
Acquire and own movable and immovable property
Administer such property in accordance with the law
Article 27 No tax for religious purposes yo ! Promotion and Maintenance of Religious
denomination or Religion

Article 28 No religious instruction shall be provided in any education institute which wholly
maintained out of state funds. But if a EI is administered by the state but has been established under
the endowment or trust which requires RI, then it is fine. Nobody child will be forced to attend
religious instruction
Article 29 Every citizen has the right to conserve his culture, language or script. Nobody will be
denied admission in public or public funded institutes based religion, race, caste, language or any of
them
Article 30 All minorities based on religion or language will have the right to establish and
administer educational institutes
In case a compulsory acquisition of land is required for the above then , the state has to
ensure that the amount fixed is not in abrogation or restrict the above clause
The state shall not discriminate the minority institution when it comes to granting of aid
Article 31 Compensation for Acquisition of land Repealed
Article 31A It means that the Govt can usurp any land for the greater public good etc. unless the
land is for personal living means and is below ceiling limit, then the compensation has to be for the
market rate. Irrespective of fundamental rights etc
Article 31B It means any law in 9 the schedule is free from judicial scrutiny and also has retroactive
effect. Basically for land reforms, but the SC has ruled that any law added in the 9
th
schedule after
apr 24
th
1973 will be under judicial scrutiny.
Article 31C It basically says that any law for the DPSP cannot be void if it infringes fundamental
rights which was kind of accepted by courts , but the 2
nd
part which said that it is immune from
judicial review was struck down by the courts.
Article 32 If any of the rights in this part have been infringed , the person can move the supreme
court for his guaranteed relief through habeas corpus, mandamus, certiorari, prohibito, quo
warranto.
Article 33 The parliament may by law determine the application of these rights to
Armed forces
Forces to maintain public order
Intelligence
Telecommunications
Article 34 During martial law, the parliament by law allow certain person(s) like police, army etc to
get away with infringing upon fundamental rights if it was done to maintain or restore order during
that period and not face punishment for doing so.
Article 35 Parliament make laws for this part where asked, make punishment laws for this part
where asked and if any law relating to this part are pre-existing before the commencement of this
constitution, they will continue to exist if not repealed or amended.
Part 4 Art (36-51) Directive principles of state policy

Article 36 The state has the same meaning as in Part 3
Article 37 The provisions in this part are not enforceable by any court, but these provisions are to
guide legislatures for making of laws.
Article 38 State shall strive to promote welfare of people to achieve social order though socio,
political and economic justice. Strive to minimize inequalities in income, status and opportunity.
Article 39 Policy making will strive towards AL OCR CoWP EP SHA COFY
Provide Adequate means of living for all men and women
Ownership and control of resources should done in terms of common good
Economic system in which control of wealth and means of production are not concentrated
Equal pay for equal work between genders
Strength and Health of workers not Abused
Children provided opportunities and facilities to grow and protection of youth from
exploitation
Article 39A Equality in terms justice provided to individuals. Free legal aid to be provided
Article 40 Establish Village Panchayats and empower them for self-governance
Article 41 State shall within economic capacity make provision for right to work and right to
education, Public assistance in case of unemployment, disabilities and sickness etc.
Article 42- Make provision for humane conditions of work and maternity relief
Article 43 State shall through the suitable legislation or economic organisation or whichever way
ensure a decent living wage, work conditions, good standard of life, leisure, social and cultural
opportunities. Also, promotion of cottage industries in rural areas
Article 43A Secure participation of workers in Management of organizations
Article 44 Endeavour to provide uniform civil code across the territory of India
Article 45 Within 10 years of the commencement of the constitution, free and compulsory
educations for children below 14 years should be provided.
Article 46 With special care, educational and economic interests of SC/ST should be promoted,
Also protection from exploitations.
Article 47 State shall raise the level of nutrition, standard of living and public health, Also, shall
bring about prohibition of consumption intoxicating drinks or drugs which are injurious to health.
Article 48 Organize agriculture and animal husbandry on modern and scientific lines. Also, prohibit
the slaughter of cows etc.
Article 48A Improve environment and safeguard the forests and wild life
Article 49 Protection of monuments, heritages, historic and artistic interests etc.
Article 50 State shall take steps to separate the judiciary from the executive in the public services
of the state.
Article 51
Promote international peace
Just and honourable relations with other nations
Respect for international law and treaty obligations
Encourage settlement of international disputes through arbitration




















Part 4A Art(51A) Fundamental Duties

Article 51A ConFANI SUIDE HARBOR CHEN SISTR Protect Excellence in PG
Abide by the Constitution, Respect National Flag and Anthem
Cherish and Follow Noble ideals which inspired our struggle for freedom
Uphold the Sovereignty, Unity and Integrity of the nation
Defend the country when called up to do so
Promote Harmony and Brotherhood amongst all the people in India
Preserve and value culture and heritage
Protect and improve the environment
Develop Spirit of Inquiry, Scientific Temper and Reform
Protect public property and abjure violence
Strive towards excellence in all spheres
Parents and Guardians of children need to provide sufficient opportunity for education
between the age of 6 to 14

Part 5 Art(52-151) The Union

Chapter 1 The Executive (52-78)

Article 52 There shall be a president of India
Article 53 The Executive power of India is vested in the President and shall be exercised by him
directly or his subordinates
The President is the supreme command of the Defence Forces
Nothing in this Article shall be deemed to transfer to the president any functions conferred
by existing laws on the Government of state or any other authority
Parliament has the power to confer by law functions to authorities other than the President
Article 54 President shall be elected by the Electoral College consisting of
Both the houses of Parliament
Elected members of the legislatives of assemblies of state (Not the council)
Article 55 Election of the President
Through Example
A state has 10,00,000 people and 60 seats in LA. So worth of each individual LA vote is
10,00,000/(60*1000) = Rounded up we get 16.67 = 17 votes/MLA
Again if all votes of MLAs across the country 10,000 and there are 776 MPs in both houses, value of
each MPs vote is 12.89 rounded up to 13.
Voting is done by Single Transferable vote Proportional System.
Article 56
President will hold office for 5 years upon which he enters office
He can resign by writing to the VP under his hand
Impeached through article 61
But he shall continue to hold his office until a successor is ready to enter his office even after
the 5 years
VP will inform the speaker of the resignation
Article 57 The president shall be eligible for re-elections subject to other provisions in the
constitution
Article 58 Eligibility for Election of the President
Citizen of India
35 years of age
Qualified for the election as a member of the house of the people
Should not hold any office of profit.
Explanation of office of profit for the President is that he is holding a position under the Union
Government or the State Government. This is not allowed only for the reason of him being the
President of India.
Explanation of office of profit for Legislatures Holding a position under any form of government or
a public entity, he can be influenced by the executive as he would be receiving remuneration for his
services. This is not acceptable and hence any MP or MLA cannot hold an office of profit.
Article 59
President shall not be an MP or MLA, if so, it would be considered that he has vacated his
seat when he enters his office as President
The President shall not hold any other office of profit
So many perks wow
His emoluments and allowances will not be diminished during his tenure
Article 60 He shall take an oath before the Chief Justice of India
Article 61 Impeachment of the President
Resolution can be moved by either house of Parliament
Resolution has to be supported by at least 1/4
th
of the members of the house with at least
14 days of notice
Resolution has to be passed by 2/3
rd
of the total membership of the house (Irrespective of
how many present)
The other house shall investigate and the President shall have the right to appear before
such investigation
After Investigation, if the resolution is passed by 2/3
rd
of the total membership of the house
then the president is impeached
Article 62 Election for new president should take place before the term for of the existing
president ends. Also if the President dies or is impeached, within 6 months the new president should
be elected and he will hold office for a duration of entire 5 years
Article 63 There shall be a vice president of India
Article 64 The Vice president shall be the ex officio chairman of the council of states. If the
president is incapacitated, the VP shall be the acting President and not the Chairman of the council
of states anymore.
Article 65 When President is not there or available, VP is the President and he shall be entitled to
all the perks and allowances of the President.
Article 66 STV-PR voting system. He cannot be a member of either house of parliament or any
state legislatures; if he is then he will vacate them when he enters the office of vice president.
Citizen of India
35 years of age and qualified to be a member of the Council of states
Cannot hold an office profit just coz of the reason he is the Vice president.
Article 67 VP will hold office for a term of 5 years, VP can be removed by moving a resolution with
14 days notice and the resolution is passed by a majority of the house. VP can hold on to his office
even if his term expires until a new VP is elected.
Article 68 Election for new VP will be completed before the term of existing VP ends and also in
case a VP is dead or resigned or removed then the person elected to fill his position will hold a
complete term of 5 years upon his entry to the office of VP
Article 69 VP will take an oath before the President of India.
Article 70 Parliament may make any provision for the discharge of functions of the president in any
contingency. So if P and VP both are not available for some reason, Parliament can make provision
for someone else like the CJ of India or on his absence the senior most judge to act as Acting
President until a replacement is provided.
Article 71 Any questions regarding the elections of the VP and P have to be challenged only in the
supreme court. The ony people who can challenge is either another contestant of the P elections or
20 electors.
If for some reason, the P does some things and takes some actions before the supreme court
invalidates his election, his actions will not stand invalidated
Parliament may regulate by law the matters connected to elections of P and VP
The Election of P or VP shall not be called into question by some vacancy in the electoral
college.
Article 72 President of the India has the power to pardon, remit, respite or reprieve for any of the
following cases
Court martial cases
Death sentences
Any law which extends to union
Nothing in this article shall call into question the power of any army officer who has been
conferred by law authority to pardon etc.
Nothing in this article shall call into question the power of any governor to pardon death
sentences
Article 73 Dont read up too much into it. Basically it says that Where ever the union has the power
to makes laws; its executive power extends up to it. The concurrent list is executed by the State
unless otherwise stated.
Clause b says that in case a State had executive power in an area where parliament has power to
make laws before the commencement of the constitution, then it will continue to have the executive
power, unless otherwise stated by parliament.
Article 74 Council of ministers to advice the president and he shall exercise his functions based on
their advice. President can ask the ministers to reconsider, but has to go forward if the same advice
is tendered after reconsideration.
The advice from the council of ministers to the president shall not be inquired by any court.
Article 75 PM will be appointed by the President and other ministers shall be appointed by the
president on advice from the prime minister. Total number of ministers shall not exceed 15% of the
total membership of the house of the people.
If minister being an MP is disqualified, he will also be disqualified as a minister till he is re-
elected etc.
Ministers shall hold office during the pleasure of the president
Council of ministers will be collectively responsible for the house of the people
For the council of ministers President oath of office and secrecy
A minister who is not an MP for more than 6 months will cease to be a minister
Salaries and allowances will be decided by the President
Article 76 A person who is qualified to be a Judge of the Supreme Court shall be appointed by the
President as the Attorney General of India.
He will provide legal advice to the government of India and represent them in courts
Attorney general shall have right of audience in all courts of the country
He can also sit in both the houses along with the ministers.
President will determine his remuneration and shall hold office during the pleasure of the President

Article 77 All executive action will be taken in the name of the President
Orders and other instruments made and executed in the name of president shall be
authenticated by a process decided by the president and after which it shall not be called
into question
President shall make rules for convenient business transactions and allocation of said
business among ministers.
Article 78 PM shall keep President up to date with the executive affairs. President will ensure all
Council of ministers are kept into consideration of any decision taken by a Minister without the
consideration of the council.
Chapter 2 The Parliament (79 -122)

Article 79 There shall be a Parliament which consist of two houses known as the council of stats
and house of the people
Article 80 Council of states shall consist of
Twelve members to be nominated by president
Not more than 238 representatives of the states and UT
Allocation based on the 4
th
Schedule
Nominated people need to have special knowledge or practical experience in Literature, Art,
Science and Social service
The members of council state shall be elected by the Legislative assemblies by STV-PR
The UT members shall be chosen as prescribed the parliament Now legislative assemblies
from Delhi and Pondicherry
Article 81 House of the people has 530 members from the states and 20 members from the UTs
Seats allocated to each state is based on their population
No representation if the state does not have population exceeding 6 million
Article 83 Council of states shall not be subject to dissolution, but nearly 1/3
rd
of the members
retire every 2 years
House of the people shall continue for 5 years unless dissolved sooner. In case of emergency, it may
be extended upto 1 year after duration and then after extended 6 months at a time
Article 84 Qualification of seat in Parliament
Citizen of India, and takes oath by a person appointed by the election commission in the 3
rd

schedule, but this oath is before the election
For Lok Sabha 25 years atleast and for Rajya Sabha 30 years atleast
Should possess qualifications which may be prescribed by law of parliament
Article 85 President may summon each house of the parliament to meet with not more than 6
months gap between meetings.
He also has the power to prorogue either house or both houses
He can dissolve the lok sabha
Article 86 President may address either of the houses or both houses assembled together, He also
may send messages to each house for their consideration
Article 87 At the commencement of the first session after the General Election to the house of the
people the president shall address both houses together
Article 88 Every minister and Attorney General can sit in both houses and take part in proceedings
but shall not have the right to vote
Article 89 The VP is the chairman of Rajya Sabha and the Deputy Chairman shall be chosen by the
council of states.
Article 90 DC shall vacate this office if he ceases to be a member of the council, resign and maybe
removed by a majority resolution with 14 days notice.
Article 91 If both the VP and DC are vacant, the President may appoint any member of the council
to act as the acting chairman
If both are absent, then based on the rules of the council another person may act as the chairman
Article 92 If the VP is being removed, DC will lead , and if DC is being removed VP will lead the
council, those being removed cannot sit in the chair.
The Chairman while being removed, cannot vote though he may speak and be present
Article 93 House of people shall choose 2 members of the house to be speaker and deputy
speaker. If they become vacant , the house shall choose their replacements
Article 94 The speaker or Deputy Speaker shall
Shall vacate his office as soon he stops being a member of the house of people
Resign
Resolution passed by the house to remove them, but not without 14 days notice
But whenever the house of the people is dissolved, the speaker shall not vacate his offie
until immediately before the first meeting of the new house of people
Article 95 If the offices of both speaker and deputy speaker are vacant, the president may appoint
a member of the house for the purpose
If both are absent on the same day, then based on the rules of the house a new speaker is chosen
Article 96 If the speaker or the deputy speaker are being removed, the one not being removed
presides
When the speaker is being removed, he may be present and speak but only vote in the first instance
Article 97 The salaries paid to chairman, speaker, DS and DC etc. will be decided by the parliament.
Article 98 Each house of parliament will have a separate secretarial staff, but both houses can have
common staff.
Some stuff about appointment of secretarial staff which the parliament will decide, until the
parliament decides the president will consult the speaker and chairman and take decisions.
Article 99 Every member of the house of parliament before taking his seat shall subscribe before
the president or someone appointed by him an oath or affirmation
Article 100 - Article 100 provides for the Houses of Parliament (i) taking decisions (except in a few
cases) by a simple majority of those present and voting with the Chair exercising only a casting vote
in case of an equality of votes, (ii) having a quorum of one-tenth of the total number of members,
and (iii) decisions not being vitiated by existence of any vacancy in the House or by voting by any
unauthorised persons.
Article 101 - Article 101 lays down that a member shall be required to vacate his seat in a House if he
is elected to both Houses of Parliament or to a House of State Legislature. In the latter case, if the
member does not resign his seat in the State Legislature within a period of 14 days from the date of
publication of the declaration in the State Gazette, his seat in the House of Parliament may be
declared vacant.
A seat may also stand vacated if a member becomes subject to any disqualification or voluntarily
resigns his seat and the resignation is accepted by the Speaker/Chairman.
The House may declare a seat vacant if the concerned member fails to attend the House for more
than 60 days without permission.
In computing the period of sixty days no account is taken of any period during which the House is
prorogued or is adjourned for more than four consecutive days
Article 102 - Disqualifications for membership. (1) A person shall be disqualified for being chosen
as, and for being, a member of either House of Parliament
(a) if he holds any office of profit
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India,
(e) if he is so disqualified by or under any law made by Parliament.
(2) Defection Anti Defection law

Article 103 If any question arises whether a person needs to be disqualified coz of the previous
article, it shall be referred to the President who shall obtain the opinion of the Election Commission
and his decision will be final.
Article 104 If a person sits or votes as a member of parliament before he has completed article 99,
or he has been disqualified, he will be charged a penalty of Rs.500/day and it will debt to the union
and it needs to be recovered.
Article 105 No MP shall be tried in any court for the things he has said, vote given or publications
while in Parliament. Other immunities of MPs and Members of committees will be decided by the
parliament from time to time.
Article 106 MPs shall receive salary and emoluments as decided by the Parliament.
Artile 107 Any bill to be passed has to be approved by both houses and receive presidents assent.
Except for money bills, RS is not involved , can only provide recommendations which are not binding
in any sense.
A bill pending in parliament shall not lapse by prorogation
A bill pending In council of states and not passed by House of people , shall not lapse on the
dissolution of the house of the people
A bill pending in house of people and not passed by council of states, shall lapse on the
dissolution of the house of the people
A bill passed by house of people and pending in RS, shall lapse on the dissolution of the
house of the people.
Article 108 if after a bill has been passed by one house and is transmitted to the other house
Not returned after 6 months
Disagreed on amendments of the bill
Rejected the bill
A joint session will be called for the passage of the bill
Money bill is not applicable here
Article 109 Money shall not be introduced in the council of states, Only LS can introduce it.
After passing in LS, it goes to RS for recommendations. Within 14 days it returns and LS can accept or
reject RS recommendations and the bill will be passed.
Article 110 Money bill which deals with the following
Imposition, regulation , remission, alteration and abolition of tax
Taking out or depositing money of the Contingency fund or Consolidated fun
A bill shall not be deemed a money only be the reason that it collects fines, fees or taxation
LS speaker has the final authority to decide what is Money bill and what is not
Can be introduced only the recommendation of the president
Article 111 When a bill has been passed by the parliament, the president shall provide assent the
first time in case money bill or in case of ordinary bill , he has the right to send it back for
reconsideration of the parliament, but if the same bill is sent back again, then he has to provide
assent to it.
Article 112 The president shall cause to be laid down before the houses of parliament a statement
of estimated receipts vs estimated expenditures as part of Annual financial statement
The estimates of expenditures will contain separately, Expenditure charged by the
constitution ( Salary of President, speakers, debt charges, Judges, CAG, sums to meet
judgements etc. )
Also, other expenditure to be withdrawn from the CFI
Also the expenditures will be divided into Revenue and Capital headings
Article 113 There shall be no vote on Charged expenditure, but there shall be a discussion. But for
other expenditure the house of people will have to provide assent to the demand of grants, no
demand of grant shall be made except on the recommendation of the president. No tax can be
increased , only decreased.
There can be cut motions for each demand of the demand of grants
Policy cut motion Disagreement with the policy of the underlying the demand. It states
demand be reduced to Rs.1
Economy cut motion Demand be reduced by certain amount
Token cut motion Reduce demand by Rs.100 to address specific grievance within the govt.
Cut motions may be discussed but generally not passed as govt. enjoys majority, but if they
are passed it may lead to resignation of the govt.
Article 114 Based on the grants and approved by the house of the people, bill for appropriation of
the funds will be tabled to meet both types of expenses
No further amendment is possible for varying of the grants and the speaker will take the
final call
The appropriation bill is like a money bill
Article 115
Supplementary grant if the amount authorised for a particular service by the parliament
for that financial year is insufficient
Additional grant if any new service is added to meet the expenses of the same
Excess grant If the money spent in that financial year for any service is excess than planeed
All of the above will go through the same procedure
Article 116
Vote on account Advance of 2 months or 4 months is taken for the functioning of the
government as approval of the budget takes time
Vote on Credit To meet an unexpected demand of certain resources of India. Blank cheque
Exceptional Grant Granted for special purpose and forms no part of any service of any
financial year
Token Grant Grant of Rs.1 to transfer money between one head to an other
Article 117
Financial Bill 1 Contains matters in 110 a to g, but also contains other legislation. But for all
purposes it is treated as money bill
Financial bill 2 Involves appropriation of money from CFI but does not coincide with anything in
article 110. Hence treated as any normal bill but has to be tabled on the recommendation of the
president.
Article 118 Each house of the parliament may make rules of business subject to the constitution
For joint sitting, President with consultation of Chairman and speaker may make rules of joint sitting.
Article 119 For the timely completion of financial business, Parliament may provision for rules
specific to financial bills. These rules will supersede any of the art 118 rules if confilicting
Article 120 Language to be used in parliament is Hindi or English
Article 121 No discussion shall take place in parliament with regard to the conduct SC or High court
Judge unless a motion to remove is being presented.
Article 122 The validity of the proceedings in parliament shall not be called into question on the
ground of irregularity.
No officer or MP shall be in jurisdiction of any court for practicing his constitutional duties.
Chapter 3 Legislative powers of the president(123)

Article 123 When both the houses of parliament are not in session, the president has the power to
promulgate and an order, bill called an ordinance. The ordinance shall have the same force as an act
of parliament
But as soon as the Parliament re assembles, before six months this ordinance has to be accepted or
rejected.
If one of the houses of parliament re assembles on different date, the later date shall be considered
for the six weeks time frame.
Chapter 4 Judiciary( 124-146)

Article 124 There shall be a supreme court of India consisting of a chief justice and by parliament
law not more than 25 other judges.
Every judge of the SC shall be appointed by the President by warrant under his hand and
after consultation of the judges of SC and HC and hold office till the age of 65.
For appointment of a judge other the Chief Justice, the CJ shall always be consulted.
Judge may resign by writing by his hand to the president.
Age of judge may be determined by such authority as provided by the Parliament
To be a judge of the SC , he has to be a judge of the HC for atleast 5 years or an advocate at
the high court for atleast 10 years.
Oath to be taken by the president or by someone who is appointed on his behalf
Opinion of the president a distinguished jurist
Judge of the supreme court cannot be removed unless by an order of the president after a
majority resolution has been passed by one house and with 2/3rds members present and
voting by both the houses of the parliament
Article 125 Salaries of Judges of Supreme Court will decided by parliament and details are in 2
nd

schedule. They will not be reduced during his tenure
Article 126 When the CJ is vacant or absent, the president shall appoint an acting CJ from the
among the judges of the SC
Article 127 If at any time there is no quorum in the SC , the CJ may in consultation with CJ of HCs
appoint ad hoc judges from the HC to the SC
The ad hoc judge shall have all the powers and privileges as the SC judge
Article 128 The SC CJ in consult with president ask any retired judge of the SC or HC to preside in
the SC and he shall have all the powers and privileges but he shall not be considered a judge of that
court
Article 129 SC shall be a court of record and has power to punish for contempt of itself.
Article 130 SC shall sit in Delhi and may decide to move to another place if the CJ decides with the
consent of the president.
Article 131 Jurisdiction of the SC
GOI and GOS
GOS and GOS
Article 131A Exclusive jurisdiction of the SC in regard to constitutional validity of the central laws
Article 132 Appeal from HC to SC is possible in civil, criminal or other proceedings, if the HC
certifies under Article 134A that the case involves the interpretation of the constitution
For example, in criminal proceedings, if the HC has taken an appeal from the lower court and has
sentenced a death sentence, then the defendant can appeal, but if the defendant is acquitted by the
HC, it cannot be challenged.
Article 133 SC may take an appeal from the HC if
If the case involves a substantial question on the law of general importance
In the view of the HC, is fit for SC appeal
Interpretation of the constitution
Article 134 In case of criminal proceedings, an appeal to SC is possible if the HC has taken an
appeal from the lower court by either defendant or prosecutor and has sentenced a death sentence,
then the defendant can appeal, but if the defendant is acquitted by the HC, it cannot be challenged.
HC feels that the case is fit for SC appeal.
Article 134 A any appeal can be allowed to SC if the HC itself thinks so , of if an oral application is
made by the aggrieved party, decide to provide a certificate for allowing the appeal to SC by the HC
Article 135 Jurisdiction of the SC
Article 136 SC can provide for a special leave for appeal from any court of the country, except
tribunal courts or Court Martials.
Article 137 SC can review any judgement or order passed by itself.
Article 138 SC shall have jurisdiction over any of the union laws, if GOI and GOS decide it can be
extended to any further jurisdiction related to them
Article 139 Parliament by law can confer on SC to issue writs for any other purpose other than
those mentioned in Article 32
Article 139A In case of very similar cases in front of the SC and multiple HCs, then the SC by itself or
through the AGs request can withdraw these cases present before the HCs and dispose of the cases
by itself, which will be binding to the HCs after the cases have been returned.
Article 140 Parliament by law can confer supplemental powers to the supreme court which are not
inconsistent with the constitution if it deems it necessary for exercising its jurisdiction more
effectively.
Article 141 Law declared by SC shall be binding on all courts of India
Article 142 The supreme court has the right to pass any order or decree which is binding
throughout India by law of the parliament. Generally this kind of decree or order has been
interpreted by the country to keep under the bounds of existing statutory laws.
Supreme court has the power to secure attendance of any individual, documents or investigation
etc.
Article 143 President may counsel the supreme court with regards to laws etc. and The supreme
court shall provide its opinion of the same.
Article 144 All authorities, civil and judicial shall act in aid of the supreme court
Article 145 Supreme Court shall make rules for the court.
Article 146 Chief justice or any other judge of supreme court he may empower can appoint
officers/servants of the court. President may by rule require no person who is not already attached
to the court be appointed to any office, save by consultation with the UPSC
CJ or any other judge empowered make rules for conditions of employment with the consent of the
president.

Chapter 5 Comptroller and Auditor General of India (147-151)
Article 147
Article 148 There shall be a CAG appointed by the president and shall only be removed by the
president or in like manner of the judges in Supreme court
He shall take oath as proposed in the 3
rd
schedule
The salary and other conditions of service of the CAG shall be determined by the parliament
by law which shall not be reduced during his tenure
The CAG shall not be eligible for further office under GOI or GOS
The conditions of serving of officers in CAG department shall be decided by the president in
discussing with the CAG
Administrative expenses for CAG shall be drawn from the Consolidated Fund of India
Article 149 He basically deals with accounts and accountability of GOS and GOI
Article 150 The accounts shall be kept in the format as the President prescribes
Article 151 The reports of the CAG for the union/state shall be submitted to the
President/Governor who shall than submit the same to the respective houses.
Part 6 Art(152- 237) The States

Chapter 1 General

Article 152 In this part, State does not refer to Jammu and Kashmir

Chapter 2 The Executive (153-167)

Article 153 There shall be governor for each state of India
Article 154 The executive power will be vested in the Governor of the state and shall be exercised
by him directly or by his subordinates
Nothing in this article shall be deemed to transfer to the Governor any functions conferred by any
existing law on any other authority
Nothing in this article shall prevent Parliament or the Legislature of states by law to confer functions
upon any other authorities subordinate to the Governor.
Article 155 The Governor shall be appointed by the President by warrant under his hand and seal
Article 156 The Governor shall hold office during the pleasure of the president. The governor may
be writing addressed to the President resign his office and The Governor shall hold office for a
period of 5 years. Irrespective of his term, he shall continue to hold office till a successor enters.
Article 157 No person shall be eligible for appointment of governor till he is of age 35
Article 158 -
Governor shall not be an MP or MLA, if so, it would be considered that he has vacated his
seat when he enters his office as President
The Governor shall not hold any other office of profit
So many perks wow
His emoluments and allowances will not be diminished during his tenure
Article 159 Shall take oath in front of the CJ of the high court
Article 160 The President may make such provision as he thinks fit for the discharge of the
functions of the governor of a state in any contingency not provided in this chapter
Article 161 The governor can provide pardons, reprieves, punishment etc. to where the power of
the state executive extends
Article 162 The executive power of state shall extend to where it has the power to make laws. In
matters where both union and state can make laws i.e the concurrent list, the state shall have the
executive power as provided by any law of the constitution or the parliament.
Article 163 There shall be council of ministers to advise the government. Governor has discretion
over his powers
Article 164 The council of ministers headed by the chief minister shall be appointed by the
governor and hold office during the pleasure of the governor. Provided in states like MP, Chat, Jhar,
Orissa there shall be a minister for tribal welfare and also other backward classes
Total number of ministers shall not extend 15% of the total strength of the assembly. It shall not be
less than 12.
Ministers will have to go through oath of secrecy and office.
Article 165 There governor shall appoint a person who is fit to be a Judge of HC to be the Advocate
General for the state. He shall hold office during the pleasure of the governor and provide legal
advice the GOS.
Article 166 All executive action of the state shall be taken in the name of the governor, orders and
instruments made and executed by the governor shall be authenticated by such manner prescribed
by the governor and there after the validity of the orders shall not be questioned.
The governor shall make rules for transaction of business for the GOS
Article 167 CM will have to communicate to the governor of all the decisions of the Council of
ministers and administrative affairs of the state. The governor may submit for the consideration of
the council of ministers any decision taken by a minister but not been considered by the Council of
ministers.
Chapter 3 The State Legislature (168-212)
Article 168 For every state there shall be a legislature but in AP, Kar, MP, UP and Maharashtra
there will be 2 legislatures.
The other legislature will be called Legislative Council
Article 169 The Parliament can by law enable for the creation or abolition of the Council with a
resolution introduced in the Legislative assembly with majority of the membership and passed by
2/3rds of the members present and voting
No such law as aforesaid shall be deemed to be an amendment of the constitution under article 368
Article 170 Membership of the assembly shall be between 60 to 500 from members chosen from
various constituencies
Article 171 Total membership of the LC will not exceed 1/3
rd
the membership of LA provided that
LC membership shall not be less than 40
Composition of the LC
1/3
rd
of the members from municipalities and district boards
1/12
th
for atleast 3 years are graduates of universities
1/12
th
for atleast 3 years been involved in educational institutes
1/3
rd
will be chosen by the LA
2/12
th
will be nominated by governor who are have special knowledge in the field of
Literature, Art, Science, Social service and Co-operative movement
Article 172 the LA of every state unless sooner dissolved will have a term of 5 years. In case of
emergency, by law of parliament be extended by 1 year and then extended by six months each time.
After Emergency has ceased to exist, will be dissolved within six months

LC will not be dissolved, but 1/3
rd
of the members will retire every 2 years

Article 173 To be a member of the LA , he has to be a citizen of India, during nomination he needs
to take an oath before the election commission
Atleast 25 years for LA and 30 years for LC
Article 174 The Governor from time to time summon each of the houses and not with a gap of
more than 6 months
The Governor from time to time prorogue the house or dissolve the LA
Article 175 The governor may address each of the houses or both together and will require
attendance. He may send messages to the houses with respect to bills and they shall be considered
Article 176 At the commencement of the first assembly, the Governor will address both houses
through a joint sitting.
Article 177 Every minister and advocate general of the state can sit in either of the houses and take
part in proceedings but may not take part in vote
Article 178 Every LA will choose right after oath the Speaker and Deputy Speaker
Article 179 Speaker/DS shall vacate office if he ceases to be a member of the assembly
S/DS will write to each other during their resignations
May be removed by a majority resolution of the LA
14 day notice has to be given
Speaker shall continue to hold office till new assembly elected and meets
Article 180 If speaker is vacant, DS will continue, if DS also vacant then Governor will appoint
someone for the purpose
During the absence of the speaker and DS, rules of the house will decide the new speaker
Article 181 While S is being removed, DS will preside, DS being removed, S will preside
The Speaker can take part in his removal proceedings but not preside and can vote only in the first
instance
Article 182 The legislative council shall elect a chairman and DC
Article 183 - C/DC shall vacate office if he ceases to be a member of the council
C/DC will write to each other during their resignations
May be removed by a majority resolution of the LC
14 day notice has to be given
Article 184 - If C is vacant, DC will continue, if DC also vacant then Governor will appoint someone
for the purpose
During the absence of the C and DC, rules of the council will decide the new speaker
Article 185 - While C is being removed, DC will preside, DC being removed, C will preside
The C can take part in his removal proceedings but not preside and can vote only in the first instance
Article 186 Payment to S,C,DC,DS will be decided by law of the LA
Article 187 There shall be separate secretarial staff of each house, but can have posts common to
both houses
LA may be low regulate recruitment, until that is done, Governor in consultation with S and C can
make rules to regulate recruitment of the secretarial staff
Article 188 Every MLA or MLC shall before taking his sit take an oath before the governor or
someone appointed by him
Article 189 Any question shall be decided by majority votes apart from speaker or C. They may only
vote in case of tie. All proceedings in house shall be valid irrespective a non-qualified member voted.
Quorum of house is 1/10
th
of the members , till that is achieved the house will be adjourned
Article 190 No member shall be a member of both the houses and a provision by law will decided
his vacation of one of the seats
No member shall be a member of the LA of more than 2 states. He will be given some time by the
president and if not vacated one of the seats, both his seats will become vacant
If member is disqualified or genuinely resigns his seat will be vacant. If member of LA is absent for
more than 60 days without permission, his seat will become vacant. Sixty days does not include
prorogued days or when house is adjourned for more than 4 days consecutively
Article 191 Disqualification of MLA
Holds office of profit
Unsound mind
Undischarged insolved
Not a citizen of India
Disqualified under any law of parliament
Defection
Article 192 If any member faces disqualification for the above reasons, the decision of the
Governor will be final. The Governor shall obtain the opinion of the election commission and act
accordingly to such opinion
Article 193 If a member sits and votes as an MLA or MLC before taking the oath or he is
disqualified or not qualified then he will be charged penalty of Rs.500/day as debt to the state.
Article 194 Freedom of speech in legislatures
No liability in terms votes given by him, paper or report
Immunities of the house may be decided by law
It shall apply to anyone who have by virtue of the constitution the right to speak in and be a
part of the proceedings
Members of the LA and LC shall receive emoluments/salaries as decided by law by the
legislature of the state
Article 196 A bill may originate in either house of the legislature
If 2 houses, a bill may only be passed if it is approved by both houses of the legislature
A bill pending in the Legislature of state shall not lapse by reason of prorogation of the
house
A bill pending in the LC which has not passed by the LA shall not lapse by dissolution of the
LA
A bill pending in the LA of state or having been passed by the LA and not by the council ,
shall lapse on dissolution of the LA
Article 197 If bill passed by LA and transmitted to LC
If bill is rejected by LC or 3 months have passed or passed with amendments, it comes back
to LA
LA can pass same bill or bill with amendments and transmit the bill to the LC
The 2
nd
time again if rejected, 1 month has passed or passed by amendments. It would stand
to be passed anyways
Article 198 Money bill
Can be introduced only in the LA
If passed will go to LC and has to be returned in 14 days
Irrespective of what happens in LC , it will be passed
Article 199 Money and it what it deals with? Redundant with union article
Article 200 After bill passed by both houses , it has to get the assent of the governor or withholds
assent or reserves it for the consideration of the president(Derogation of the power of the HC)
If the bill is money bill, he cant return it. If any other bill, he can return for reconsideration but the
2
nd
time he has to assent to it.
Article 201 if the bill is reserved for the consideration of the president and he returns it, the bill is
sent back to the houses for reconsideration and within 6 months is passed again with or without
amendments; it shall go for the consideration of the president again.
Article 202 Governor every year shall ask for the budget to be laid down for the coming financial
year.
Expenditure shall be shown separately in terms of charged expenditure to the constitution and other
expenditure
Expenditure shall be divided on revenue and capital accounts
Charged expenditure shall contain, Salaries of president, CAG, Judges, Court expenses, S,C,DS,DC,
interest etc.
Article 203 Charged expenditure shall not be put to vote but can be discussed, but other
expenditure shall be put to vote in terms of demands for grants. Can only be reduced or abolished
Article 204 Appropriation bill for the grants of demands approved and charged expenditure on the
CFI. No amendment related to changing amount or its destination shall be allowed. Speaker will
have final say over which is inadmissible.
Only appropriation laws can extract money out of CFS
Article 205 Various types of Grants , Supplementary, Additional and Excess Grants
Article 206 Vote on Account, Vote of Credit and Exceptional grant which is a special amount which
is not charged to any current service of any financial year
Article 207 A bill making provision for any of the matters of Article 199 clause 1 and sub clauses a
to f shall not be introduced except on the recommendation of the governor and shall not be
introduced in the LC.
No recommendation is required for abolition or reduction of any tax
A bill which involved extraction out of CFS shall require recommendation of the Governor
Article 208 House of legislature may make rules regarding its procedure and conduct of business
Governor after consultation with S and C shall make rules of communication between the houses
Article 209 For financial bills, Legislature may make rules for timely completion and passage.
Article 210 Official language will be OL of state or language of state or Hindi or English
Article 211 No discussion shall take place regarding the conduct of any judge of SC or HC in the
discharge of his duties.
Article 212 The validity of the proceedings of the legislatures shall not be called into question
No officer or MLA/C under whom powers are vested for regulating procedure or conduct of business
or maintaining order shall be subject to jurisdiction of any court with respect of the exercise of those
powers.
Chapter 4 The Legislative power of the Governor (213)

Article 213 When both the houses of state legislature are not in session, the governor has the
power to promulgate and an order, bill called an ordinance. The ordinance shall have the same force
as an act of legislature
But as soon as the legislature re assembles, before six weeks this ordinance has to be accepted or
rejected.
If one of the houses of parliament re assembles on later date, the later date shall be considered for
the six weeks time frame.

Chapter 5 The High courts in the states (214-231)

Article 214 There shall be a high court for each state
Article 215 Every HC shall be court of record and have the power to punish for contempt of itself
Article 216 Every HC shall consist of CJ and other judges as the president may appoint from time to
time
Article 217 Every judge of HC shall be appointed by the President after consulting the CJ of I and
the governor of the state. And in case of the any other judge other the CJ of the HC , the CJ also will
be consulted
Vacating the office of the Judge of HC Resign addressed to the President, Removal by Parliament or
promoted
To hold office of HC as judge , one needs to hold atleast for 10 years any judicial office in the
territory of India
Or atleast be an advocate of HC for 10 years
Article 218 To remove a HC judge, a majority resolution has to be passed by either of the houses of
the Parliament and then voted by 2/3rds of the members present and voting by both houses
Article 219 Every HC judge shall take oath in front of the Governor or anyone he may appoint on
his behalf
Article 220 A HC judge after he is made permanent can only plead in the SC or any other HC
Article 221 Remuneration of the HC judge to be decided by parliament by law
Article 222 President may in consultation with the CJ of I transfer a Judge from one HC to any
other. The Transferred Judge may receive additional emoluments as decided by parliament in
addition to his current one.
Article 223 When the office of the CJ of HC is vacant, President may appoint any other judges of
the HC as acting CJ of HC
Article 224 Increase in work load of the HC, President may appoint additional judges as acting
judges for a period of two years
Article 224A Retired judges can act as judges and have all the powers etc. Salaries decided by
president but they shall not be deemed to be a court of the HC
Article 225 Jurisdiction and power of the HC shall be according the provisions of the constitution or
any law made after. Otherwise it shall be the same as before constitution.
Article 226 The can write the writs like Habeas corpus, Mandamus, Certiorari, Prohibit and Quo
Warranto. If anyone has been served an injunction or stay or interim order without furnishing to
them proper proof, copies or opportunity to be heard, the order will be vacated asap.
Article 227 Every HC shall have superintendence over all other courts in its jurisdiction. It can call
for returns from such courts, make general rules, prescribe formats for book keeping etc.
HC can decide the fees for the sheriff, officers in the lower court. The above tow provisions have to
be in conformity with the views of the governor/president.
This article shall not confer powers over tribunals or law related courts
Article 228 If the HC is satisfied that a case in a lower court is based on a law which is based on a
substantial question of the interpretation of the constitution then,
It may dispose the case itself or determine the said question of the interpretation of the constitution
and pass it on to the lower court which shall dispose the case in conformity of the determination.
Article 229 - Chief justice or any other judge of high court he may empower can appoint
officers/servants of the court. Governor may by rule require no person who is not already attached
to the court be appointed to any office, save by consultation with the SPSC
CJ or any other judge empowered make rules for conditions of employment of these officers with
the consent of the Governor.
Article 230 and 231 Parliament by law can establish a common court for two states/union
territories etc.
Chapter 6 Subordinate Courts (233-237)

Article 233 Promotion or posting of any DC judge shall be made by the Governor in consultation
with the HC
If a person has not been in service of the union or state shall only be eligible for DC judgeship if he
has been for at least 7 years an advocate or a pleader in the HC
Article 233A No prior DC appointment or transfer, promotion, posting before commencement of
the constitution shall be voice.
Anything done before commencement of the constitution regarding the DC will be deemed to be
invalid
Article 234 For officers of the DC other than the Judge, appointments shall be made by the
governor in consultation with SPSC and HC of that state
Article 235 Control over the DC, posting or promotion of the judicial service members not including
the DCJ shall be in the HC. A person may appeal, who knows ?
Article 236 DCJ could mean judge of city civil court, additional DCJ, Joint DCJ etc.
Article 236 So post the commencement of the constitution, all the above provisions shall made in
effect by the governor through a public notification on a date such fixed by him for existing classes
or class of magistrates etc.
Part 7 Repealed

Part 8 Art (239-242) Union Territories

Article 239 - Save by law, every UT shall be administered by the president through an administrator
or Lt.Governor
He may also appoint a Governor of an adjoining state, but he shall act independently of his council of
ministers
Article 239A For Pondy Parliament by law my create a legislature with partly elected and party
nominated members and council of ministers. Any such law shall not be deemed to be an
amendment to the constitution
Article 239AA 69
th
Amendment act of 1991 UT of Delhi will be called NCT and shall be governed
by Lt.Governor . There shall be assembly for NCT through elections
They can make all laws in the state , except regarding public order, police and land.
Parliament laws can over rule any law made by state
Council of ministers not exceeding 10% of the total strength of the assembly can be appointed. They
will advise the Lt.Governor. In case of any differences between them, LG can refer the decision to
the president, But if LG thinks matter is urgent he can take a decision on his discretion
The chief minister shall be appointed by President as well as other ministers. Creating a law for the
formation of the government shall not be considered as an amendment with respect to article 368.
Article 239AB- If there is a failure of constitutional machinery or there cannot be a government
formed, on the recommendation of the LG, there can be president rule imposed
Article 239 Promulgation of Ordinances cannot be done when legislature is dissolved or
suspended. Ordinances can be promulgated only on the advice of the president.
Article 240 President can make regulations for peace, progress and good government in UT for
Andaman, Dadra, daman, Lakshadweep and puducherry. Puducherry only when legislature is
dissolved or suspended
Article 241 High courts in UT, it can ask other state HC to oversee the UTs
Puducherry Madras HC
Andaman WB HC
Delhi Delhi HC
Lakshadweep Kerala HC
DD, DNH BB HC
Chandigarh Chandigarh
Article 242 Repealed
Part 9 Art(243-243O) Panchayats

Article 243 Definitions
District in a state
Gram Sabha means a body consisting of persons registered in electoral rolls within the area
of panchayat
Intermediate level means level between village and district
Panchayat means self governing institution etc.
Article 243A Gram Sabha may perform functions such as the state legislature may decide by law
Article 243B There shall be in every state, Panchayats at village level, intermediate level and
district level
Intermediate level may not be there if population of state less than 2 million
Article 243C Ratio between population of any panchayat and seats in the panchayat to be filled by
election same through out the state
All seats shall be filled by elected persons from territorial constituencies in the panchayat area.
By law provide for representation of Chair of village panchayat at intermediate
Chair of intermediate at panchayat at district level
MLA, MP of LS whos constituencies have these panchayats wholly or partially other than village level
MLC, MP of RS who are in electoral rolls of these panchayat areas, at any other level other than
village level
Chairpersons and other members of panchayat, whether elected or nominated shall have voting
powers.
Chairpersons shall be voted by amongst the members
Article 243D Reservation of seats of SC/ST
The number of SC/ST seats shall be proportional to their population in rotation among all
the territorial constituencies
1/3
rd
of the above seats shall be reserved for women
1/3
rd
of the total seats overall shall be reserved for women, including the above criteria
Even the offices of chairpersons shall follow above reservations
Can make additional reservations for persons belonging to backward classes
Article 243E Unless dissolved shall exist for a period of 5 years. Any amendment leading to
dissolution of panchayat will not be forced on existing panchayat until they complete their term
Election for new panchayat has to be completed before expiry of current panchayat term or within 6
months of dissolution of panchayat.
If dissolved before 6 months of term ending, new elections have to be held. And this new panchayat
will only serve for the remaining duration of the previous panchayat.
Article 243F Disqualification
For the purpose of elections to the LA. He shall not be disqualified for being less than 25 years of age
if he has already attained the age o 21
Disqualified under any law made by the state
State election commission will take final call on disqualification of the member of panchayat
Article 243G LA or LC may endow the panchayats powers for self governance by law with respect
to economic development and social justice and implementation of schemes
Article 243H Legislature may by law authorize a panchayat to levy , collect taxes etc. Make grants
in aid from consolidated fund of state and provide for reception and withdrawal of moneys.
Article 243I after 1 year of 73
rd
amendment commencement and there after every 5 years, finance
commission to review the financial position of panchayats to the governor
Article 243J By law maintenance of accounts and auditing
Article 243K State election commissioner is there and can only be removed like a judge of the HC.
He will overlook panchayat elections among other state elections.
Article 243L Shall apply to union territories as well.
Article 243M Nothing in this part shall apply to certain scheduled and backward areas. Legislature
of a state may extend this part to those areas which are not in the schedules of article 244 which
currently do not have this part because of this article mentions.
Article 243N Any previous provisions for panchayats before the commencement of the
constitution not in sync with this part shall be amended or expired in one year. Existing panchayats
will be allowed to complete their term.
Article 243O Law relating to delimitation of constituencies or allotment of seats etc shall not be
called into question in any court. Any questions related to elections of panchayats shall be addressed
by the state election commission

Part 9A Art(243P243ZG) Municipalities

Article 243P Metropolitan area means area having population of more than 1 lakh. Even
municipality is for self governance.
Article 243Q There shall be a
Nagar Panchayat Area transitioning from rural to urban
Municipal council smaller urban areas
Municipal corporation Larger urban area
Article 243R All the seats in a municipality shall be filled by persons chosen by direct election from
territorial constituencies in the municipal area which will be known as wards
Representation of people having special knowledge regarding municipality, MPs, MLAs, MLC,
Chairpersons of lower bodies will be provided. Special knowledge people cannot vote
Election of chairperson of municipality be decided by law.
Article 243S There shall be wards and ward committees within the area of the municipality having
a population of 3 lakhs or more.
Composition of ward committees will be decided by law.
Ward committees can have one or more ward
Member of municipality representing the ward, shall be a member of the ward also the chairperson
of the committee. If ward committee has more than one ward, one of the municipal members will
be the chairperson of the committee.
Article 243T Reservations
SC/ST representation proportional to population in area, 1/3
rd
of the above representation will have
women, 1/3
rd
of the total representation will have women including the above. The offices of
chairpersons shall also be reserved as provided by law. The above may apply to ward committees
and municipality.
Nothing in this article shall prevent LA or LC from making by law more reservations for backward
classes.
Article 243U Unless sooner dissolved the municipality will have a term of 5 years and the
municipality should be given a reasonable opportunity to be heard. No amendment will affect
existing municipality.
New municipality elected before the end of existing municipality or in case of dissolution within 6
months after dissolution of the outgoing municipality.
If only 6 months left, then no new municipality will be elected, and new municipality will only be
valid for the remainder period of the previous dissolved municipality.
Article 243V Disqualification same as panchayat
Article 243W State may endow upon a municipality powers to carry out economic development
and social justice and implementation of schemes also 12
th
schedule.
Article 243X Legislature may by law authorize a municipality to levy , collect taxes etc. Make grants
in aid from consolidated fund of state and provide for reception and withdrawal of moneys.
Article 243Y after 1 year of 73
rd
amendment commencement and there after every 5 years, finance
commission to review the financial position of panchayats to the governor
Article 243Z By law maintenance of accounts and auditing
Article 243ZA State election commissioner is there and can only be removed like a judge of the HC.
He will overlook panchayat elections among other state elections.
Article 243ZB Shall apply to union territories as well.
Article 243ZC Nothing in this part shall apply to certain scheduled and backward areas. Legislature
of a state may extend this part to those areas which are not in the schedules of article 244 which
currently do not have this part because of this article mentions.
Article 243ZD District planning committee
Consolidate plans of panchayats and municipalities in the district and put together development
plan for district.
Laws can be made for the composition and manner in which seats are filled of DPC, provided not less
than 4/5ths of the committee shall be elected by and from the elected members of District
panchayat and municipalities proportional to population in rural and urban areas of the district.
Article 243ZE In every metropolitan a Metropolitan planning committee MPC will draft a
development plan for the whole metropolitan area
Laws can be made for the composition and manner in which seats are filled of MPC, provided not
less than 2/3rds of the committee shall be elected by and from the chairpersons of panchayat and
members of municipalities proportional to population in rural and urban areas of the metropolitan
area.
Article 243ZF Any previous provisions for municipalities before the commencement of the
constitution not in sync with this part shall be amended or expired in one year. Existing municipalites
will be allowed to complete their term.
Article 243ZG Law relating to delimitation of constituencies or allotment of seats etc shall not be
called into question in any court. Any questions related to elections of municipalities shall be
addressed by the state election commission

Part 9B Art(243ZH-ZT) Cooperative societies

Article 243ZH Definitions
Article 243ZI Legislature may be law make laws with respect to incorporation, regulation and
winding up of cooperative societies based on the principles of voluntary formation, autonomy,
democracy and member economic participation. VADMEP
Article 243ZJ Maximum number of board of members shall be provided by legislature of state with
maximum being twenty one. Reservations for 1 SC/ST and 2 for women
Elected board may exist for 5 years of its tenure unless a vacancy arises and is filled by a nomination
because only less than half the term is remaining
Legislature may by law allow for 2 more (additional to the twenty one co-option) members having
experience in the field of management and banking etc.
Article 243ZK Election of a board shall be conducted before the expiry of the term of the board.
Election shall be conducted by a state legislature appointed entity.
Article 243ZL Boards can be superseded or suspended for a period 6 months if they fail to perform
duties, conduct timely elections or negligence.
But any board shall not be superseded or suspended if it is not receiving any financial assistance
from the government
For banking it can be suspended for a year. In case of supersession the administrator appointed shall
fix things and allow new management to take over.
Article 243ZM These societies will be audited by a qualified auditor decided by the legislature of
state
Article 243ZN Annual general body meeting every year in the last 6 months of the financial year
Article 243ZO Every member of board shall right to information
Article 243ZP Every Co-op shall file returns in the last 6 months of the financial year
Article 243ZQ Legislature may be law decide for penalties and offences done by the co-op
Article 243ZR If a multi state co-op then central and parliament will come into effect
Article 243ZS It also applies to UTs and administrators take the final calls as would a legislature
Article 243ZT Any old laws before 2011 amendment (97
th
) unless conforming with this part shall
cease to exist unless amended or repealed within a period of a year.

Part 10 Art(244-244A) Scheduled and Tribal areas

Article 244 5
th
schedule shall apply to the administration of the scheduled and tribal areas of any
state other than Meghalaya, Assam, Tripura and Mizoram.
6
th
Schedule shall apply to the above excluded areas.
Article 244A Parliament by law can form within the state of Assam an autonomous state all or any
of the tribal areas in the 6
th
schedule.
Part 11 Art(245-263) Relation between Union and States

Chapter 1 Legislative relations Art(245-255)

Article 245 Parliament can make provisions for making laws throughout the territory of India and
states can do the same for the territory of the states. No Law will be held invalid for the reason of
extra territorial operation.
Article 246 State list, union list and concurrent list. Residuary powers are with the union
Article 247 Parliament may establish additional courts to deal with union laws in the territory of
India
Article 248 Residuary powers
Article 249 RS votes with majority having 2/3rds members present and voting. Parliament can
make laws for the entire country for all aspects. This will have a validity of 1 year and can be
extended by a period of 1 year. All the laws made in this period shall cease to have effect after 6
months after the resolution ends.
Article 250 Same as above if emergency is declared
Article 251 Parliament trumps state over concurrent list
Article 252 If two or more states want parliament to make laws with respect to subjects in the
state list, it can pass a majority resolution in their legislatures and the same shall be passed as an act
in parliament. This can only be amended or repealed by the parliament.
Article 253 Parliament has the sole authority to make laws regarding international treaties
Article 254 In concurrent list, if state makes a law conflicting with parliament, parliament wins, but
only if it reserves the right of assent to the president and he assents, state can win.
Article 255 No law will be invalid on the ground that even though it received assent of the
respective head of state but did not receive the required recommendation or sanction if the assent
is there.
Chapter 2 Administrative relations Art(256-263)

Article 256 Executive power of a state shall be exercised to ensure compliance with the laws made
by the parliament and any laws of the state. The Executive power of the union shall extend to giving
directions to a state as may be required
Article 257 Executive power of the state shall not impede the executive power of the union and
the executive power of the union shall be to give directions to a state as may be required
The executive power of the union shall also extend to giving directions to a state for the construction
and maintenance of the means of communication under national and military importance.
Highways, waterways and railways.
Basically what Article 256 and 257 and 258 states are as follows:
There is a union list, state list and concurrent list
Ideally the union has exclusive executive rights over union list and concurrent list, but union
has provided for the executive rights of concurrent list to be with the state by default unless
otherwise specified
For matters in union list to which it makes laws, it need not necessarily have a union body
executing them; it can direct the states to execute them for it.
The above applies to the laws in the union and concurrent list but not the state list as it does
not need to receive any direction from the union for it.
There are very few bodies which the union directly controls like defence, foreign affairs,
foreign exchange, post and telegraph, all India radio, Television, airways, railways, currency,
excise, customs, tax(income). Defafept air tar cect
Many executive powers of the union are being run by state machinery.
There are certain things in the state list like Land, which is an exception as union can state to
execute on its directions for national interest or military interest, example for highways,
waterway or railways.
This can be classified as federal supremacy. In the words of B.R Ambedkar if we provide the
centre the right to direct state over certain issues for national interest, the state should not
decline and if it declines there should be remedy, as he defended the above articles and
article 356.
In case of any directions from the centre to state over execution of certain union laws or
state laws, any incremental expenditure has to be borne by the centre.
In case of disputes, they may be arbitrated by a person appointed by the chief justice of
India
Article 258 President of a state with the consent of the GOS extend conditionally or
unconditionally to it certain functions to which the executive power of the union extends etc.
Consent not needed if done by law.
Article 258A The governor of the state may with the consent of the GOI entrust conditionally
or unconditionally to the government of India functions to it or its offers the executive power of
the state.
Article 259 Repealed
Article 260 Government with an agreement with any foreign government undertake judicial,
legislative and executive functions vested in the government by such a foreign government.
Article 261 Full faith and credit shall be given throughout the territory of India to public acts,
records and judicial proceedings of the union and every state.
Parliament by law will decide the manner.
Article 262 Parliament by law provide for the adjudication of any dispute related to interstate
rivers and river valleys. Also, Parliament may by law provide that no court shall exercise
jurisdiction in these matters.
Article 263 President shall call for the establishment of inter-state council.

Part 12 Art(264-300A) Finance, Property, Contracts and Suits

Chapter 1 Finance Art(264-291)

Article 264 Finance commission means finance commission constituted under article 280
Article 265 No tax shall levied or collected except under the authority of law
Article 266 All revenues be it expenditure revenue or capital revenue shall be collected by the
governments in their respective consolidated funds
All other monies received which technically do not belong to the Government shall be collected in
the public accounts of the state or India
Extraction of the monies from the consolidated fund will need to be done by law through an
appropriation law.
Article 267 Contingency fund at the disposal of the president in the time of emergency or in the
case of a state the governor. Presidents contingency fund has Rs.500 crores
Article 268 Stamp duties and excise duties on medicinal and toilet preparations in the union list
shall be collected by union in UTs and states in the states. They will go to the consolidated fund of
the state in case of states
Article 268A Taxes on services levied by the government of India and such tax shall be collected
and appropriated by the GOI and states as decided by parliament law.
Article 269 Taxes on sale and purchase of goods inter state shall be levied and collected by the
union but after 1
st
april 1996, they shall be redistributed to the consolidated funds of the states.
Article 270 All taxes in union list except in the above articles shall be levied and collected by the
union and shall be distributed between the union and states as decided by the parliament by law as
a percentage.
Percentage is as prescribed by the finance commission.
Article 271 Parliament by law can put a surcharge over the Article 270 duties and all the proceeds
from the increased surcharge shall go to the consolidated fund of India.
Article 272 Repealed
Article 273 There shall be charged each year for grants in aid for the states like Assam, Bihar, Orissa
and West Bengal from the export duty collected for jute by the union as long as the union is
collecting the export duty for jute.
This amount is as prescribed by the finance commission.
Article 274 Any bill or amendment which is changing or imposes a tax in which a state is involved,
changing the definition of agriculture income or imposing surcharges can only be done by law in
parliament.
Article 275 Grant in aid for states in need of assistance shall be charged from the CFI. This grant
will be revenue expenditure not capital expenditure in union budget even though the state may use
it for capital purposes.
Article 276 Even though income tax is on the union list, no law of the legislature of the state for the
benefit of municipality, district board etc, shall be invalid on the grounds that it relates to tax on
income. It shall not exceed Rs.2500/annum. Example is professional tax.
Article 277 Not there
Article 278 Repealed
Article 279 Net proceeds are basically total tax collected minus cost of collection
Article 280 Finance commission shall be constituted by the president and the qualifications
required shall be decided by the parliament by law to be a part of the commission
Recommendations it makes
Distribution of net proceeds of taxes collected between state and centre
Grants in aid given out to states
Finance commission of the state grants to panchayat and municipalities
Any other matters the president may require the finance commission to do
Article 281 President shall lay the recommendations of the finance commission along with
provision of this constitution and a memorandum of action to be taken to be laid out in the
parliament.
Article 282 Union or state may make grants for any public purpose irrespective of state or union
laws
Article 283 The regulation and rules of central and state funds shall be made by the President or
Governor respectively.
Article 284 Any officer of the union or the state who receives money in such capacity other than
revenues or public moneys raised by the governments shall be deposited to public accounts of state
or India.
Article 285 Property of the union shall be exempt from state tax
Article 286 No law of a state shall impose or authorize the imposition of a tax on the sale or
purchase of goods where the sale or purchase happens outside the state or in case of imports or
exports outside the territory of India.
Article 287 No state tax on consumption or sale of electricity when the government of India is
involved
Article 288 No law of taxation will be valid after the commencement of the constitution by a state
for the consumption of water or electricity with respect to developing inter state rivers or river
valleys
Any new tax law on the above has to receive the assent of the president.
Article 289 The property of the state shall be exempt from union taxation, but parliament may be
law impose tax in case of business or income accruing.
Article 290 Expenses of court or commissions need to be paid out of the consolidated funds of
India and the state, in case the court or commission also serves separately the union and state, the
distribution of funds from the consolidated funds can be arbitrated by a person appointed by the CJ
of India
Article 290A 46,50,000 rupees paid out of CFS of Kerala to the respective Devaswom fund and
13,50,000 paid out of CFS of TN to the respective Devaswom fund for the maintenance of the Hindu
temples.
Article 291 - Repealed
Chapter 2 Borrowing Art(292-293)

Article 292 The government of India can borrow upon the security of the consolidated fund of
India as a guarantor within limits
Article 293 - The government of state can borrow upon the security of the consolidated fund of state
as a guarantor within limits
The GOS can borrow from GOI. The GOS cannot borrow without the consent of GOI if it still has any
outstanding loans towards it. A consent clause can be made for the same.
Chapter 3 Property, Contracts and Suits Art(294 -300)

Article 294 All the property, assets, liabilities and obligations of the government of India and
provinces under the crown before the commencement shall transfer to the respective GOI and GOS
Article 295 Random stuff
Article 296 Random stuff
Article 297 All lands and minerals underlying in the oceans of the territorial waters shall belong to
the union
Article 298 The union or the state are competent to carry out any business or trade, acquire, hold
or dispose any property or making contracts irrespective if they fall in their legislative competencies.
For example, if a particular disposal of property or business carried out by the union does not fall in
the union legislative power, the union can still go ahead, but they will be under the legislative power
of the state if it applies.
It can also be said the executive power the union can extend to the legislature of the state or the
executive power of the state may be extend to the legislature of the union.
Article 299 All contracts made with the union shall be made under the name of the president and
for the state made under the name of the governor, but none of them will be personally liable.

Article 300 The government of the India or state can be sued or sue like a corporate body.
Article 300A No person shall be deprived of his property save by authority of law.
Part 13 Art(301-307) - Trade, Commerce and Intercourse within the
territory of India

Article 301 Subject to the other provisions of this part, trade, commerce and intercourse
throughout the territory of India shall be free.
Article 302- Parliament may impose such restriction as required on trade and commerce for greater
good and public interest
Article 303 Neither the Parliament nor the legislature of any state shall have the power to
discriminate between the state over trade and commerce in the 7
th
schedule.
Discrimination can be made due to the scarcity of goods in that part of India. Can only be made by
the Parliament.
Article 304 State may by law impose taxes to goods imported from other states if similar goods are
being manufactured or produced in that state so as to not discriminate between the goods
States may impose reasonable restriction on trade and commerce for public interest.
Such law shall only be introduced with the previous sanction of the President.
Article 305 - Nothing in article 301 and 303 shall affect the provisions of any existing law except in so
far as the president may by order otherwise direct. Commencement of the constitution.
Article 306 Repealed
Article 307 To ensure the effectiveness of the articles in this part, Parliament may by law appoint
an authority which is the inter state council.
Then comes Article 304 which is non-obstante clause both to Article 301 and Article 303 and it
empowers the Legislature of a State under Clause (a) to impose on goods imported from other
States any tax to which similar goods manufactured or produced in that State are subject, so,
however, as not to discriminate between goods so imported and goods so manufactured or
produced, and under Clause (b) to impose such reasonable restrictions on the freedom of trade,
commerce or intercourse with or within the State as may be required in the public interest.
Part 14 Art(308-323) Services under the union and states

Chapter 1 Services - Art(308-314)

Article 308 In this part states do not include J&K
Article 309 Acts of the appropriate legislatures may regulate the recruitment of persons to public
services and posts in connection to the affairs of the union or states. The President and Governor
shall make such rules until the above acts come into place.
Article 310 Every person who is a part of the defence services or all India services shall hold office
during the pleasure of the president. For state services he shall hold office during the pleasure of the
governor.
The President or Governor may allow for persons not being a part of the above services hold office
through a contract.
Article 311 No person appointed in the above services shall be dismissed or removed by a
subordinate authority than the one which appointed him, such person if removed or reduced in rank
shall have the benefit of an inquiry and be represented.
If inquiry deems no representation is required from the evidence of the investigation, its ok to not
have representation.
No inquiry is required if he has been convicted on a criminal charge, the authority empowered to
reduce rank or remove feels it is not required or the President/Governor feels it is not required.
Article 312 If the RS has declared by a resolution of 2/3rds of the members present and voting for
the creation of all India services, the Parliament by law shall do so. IAS, IPS and I forest S.
Article 312A For public servants appointed by the crown, the parliament may prospectively or
retrospectively make changes of their employment conditions(leave, remuneration, disciplinary
matters) or pensions(retired persons) through the 28
th
amendment act 1972.
But if he has held the post of Judge, CAG, UPSC, SPSC or CEC, no changes to his disadvantage can be
made.
Article 313 Until other provision is made, all laws before the commencement with respect to public
service shall continue to exist.
Article 314 Repealed
Chapter 2 Public Service Commissions - Art(315-323)

Article 315 Formation of UPSC, SPSC or JPSC, JPSC can be formed by more than 2 state legislatures
agreeing to it. UPSC can serve state needs if the Governor requests for it.
Article 316 Chairman and members of UPSC and JPSC shall be appointed by the President and of
SPSC shall be appointed by the Governor. To be eligible to be a member of the PSCs one has to have
held office under any government in India for at least 10 years.
If the office of the chairman is vacant, the President or Governor(SPSC) can appoint some other
member of the committee as Acting Chairman.
He shall hold office for a term of 6 years or till he reaches the age of 65 for UPSC or 62 for others.
Article 317 Chairman or any other member of a Public service commission can only be removed on
the ground of misbehaviour by the orders of the president after the president has referred for the
advice of the Supreme Court.
They may be suspended while the SC is discussing the issue by the President or the Governor(SPSC)
Apart from misbehaviour a member can be removed if he adjudged and insolvent, engages another
outside paid employment, unfit in the opinion of the President.
Misbehaviour means becoming concerned with any contract or agreement with the GOI or GOS and
getting undue benefits.
Article 318 President or Governor (SPSC) may make provisions for the number of members in a
commission, conditions of their service and number of staff required by them.
Article 319 On ceasing to hold office, UPSC chairman shall no hold any office with the Government
of India or State
Chairman of SPSC can be a part of UPSC as chairman or member. He can also be chairman of another
SPSC
Member of the UPSC can be Chairman of the UPSC or chairman of any SPSC.
Member of the SPSC can be the Chairman, Member of UPSC or chairman of that SPSC or any other
SPSC.
Member of SPSC cant be member of any other SPSC without promotion
Once you become a member of the PSC you cant be employed in any other public office
under any government.
Article 320 Duty of the UPSC, SPSC or JPSC to conduct examinations, recruitments and
appointments for the services of the union or states. They will also be consulted for the disciplinary
actions against one of their recruits. They will also receive claims for legal fees of their recruits to
defend themselves in a court for performing his duties and also claims for pension in respect to
injuries sustained during the performance of his duties.
Article 321 Parliament or Legislature of state may by law confer additional functions on the PSCs
Article 322 Expenses of the UPSC or the SPSC shall go to the respective consolidated funds.
Article 323 Annual report of the work done by the PSCs to the President or the Governor.
Part 14A Art(323-323A) Tribunals

Article 323A Parliament may by law provide for the creation of Administrative tribunals to deal
with disputes related to the recruitment and conditions of service of public servants.
Parliament may create an administrative tribunal for the union and separate one for each state or
two or more states.
Parliament shall also define the jurisdiction and powers of these tribunals.
Article 323B Other tribunals can be formed for the subject list in this articles. The Tribunals for the
subjects shall be created through law by the respective legislature which the power to make laws
over those subjects.

Part 15 Art(324 329A) Elections

Article 324 The superintendence, direction and control of the preparation of the electoral rolls and
the conduct of the elections for the parliament and the legislatures of every state shall be vested in
the election commission.
It shall consist of a chief election commissioner and 2 other election commissioner as appointed by
the president and subject to provisions made by the parliament.
If multiple election commissioners are appointed the CEC will be the chairman of the commission.
Before each general election to the house of the people, LA and LC there shall be regional
commissioners appointed on consultation with the election commission. Tenure and conditions of
service of RC and ECs shall be decided by the president. The CEC can only be removed by like Judges
and the conditions of service shall not be varied to his disadvantage after his appointment.
Staff may be appointed by the president for the election commission or by the governor for the
regional commissioners
Article 325 There shall be one general electoral roll for every territorial constituency for election to
either house of parliament or either house of legislature of state. No person shall be ineligible for
inclusion in any such roll or claim to be included in any special electoral roll on grounds of race,
religion, caste, sex or any of them.
Article 326 Adult suffrage, anyone who is below 18 years can vote. A voter can be disqualified on
the basis of non-residence, unsound mind, crime, corrupt or any of the them.
Article 327 from time to time parliament can make laws relating to elections including electoral
rolls and delimitation of constituencies throughout India , and all others matters for securing due
constitution of the houses.
Article 328 if parliament does not make any of the required provisions, the legislature of state can
do so for the state for the due constitution of the houses including the preparation of the electoral
rolls. Apparently cant make laws for delimitation of the constituencies.
Article 329 Laws made for delimitation of the constituencies or allotment of seats or laws made
under article 327 and 328 shall not be called into question by any court. The election to either house
or state legislation cannot be called into question except by filing a petition to the election
commission.
Article 329A repealed.
Part 16 Art(330-342) Special provisions relating to certain classes

Article 330 Reservation in the house of the people for SC/ST/ST (Autonomous Assam). The number
of seats reserved in any state is proportional to the population of those classes in those states.
Article 331 Representation of the anglo India community will be not more than 2 through the
nomination by the president.
Article 332 Same as 330 in the states, the reserved seats will be proportional to the population of
those classes in the states.
Article 333 Governor can nominate 1 member of the anglo Indian community to the legislature of
the state if they are not adequately represented.
Article 334 Reservation shall cease to have effect after 60 years from the commencement of the
constitution.
Article 335 Claims of the members of the SC/ST shall be taken into consideration for the efficient
maintenance of the administration. It can include lowering of marks or standards of evaluation etc.
Article 336 Anglo Indian reservations, till 2 years after commencement same as before aug 1947,
but after the 2 years, the reservations will be 10% less for every succeeding year. After 10 years the
reservation shall cease to exist (Postal, Telegraph, Customs, and Railway).
Article 337 Anglo Indian education grants for the first 3 financial years after the commencement
will be the same as before the 1948 start of the financial year and for every 3 years after that it shall
reduce by 10%. This will cease to exist after 10 years after the commencement of the constitution.
Article 338 There shall be a commission for SC known as National commission for SC. Subject to
provisions by the parliament it shall have a chairman, VC and 3 other members and the conditions of
the service and tenure of the above shall be decided by the president.
Article 338A Same as above but for STs. These commissions shall have the power to regulate its
own procedure. These commissions shall have the power of a civil court. The duty of the commission
is to help the upliftment of the SC/ST community.
Article 339 President can appoint a commission to report on the administration of the SC/ST areas.
The executive power the union shall extend to directing states to drawing up and implementing
schemes for the welfare of these areas.
Article 340 342 Appointing some random commissions to do some random stuff.
Part 17 Art(343-351) Official Language

Chapter 1 Language of the union

Article 343 The official languages of the union are English and Hindi
Article 344 President shall ensure progress of Hindi through commission and committee
Chapter 2 Regional Language

Article 345 Legislatures of state may appoint their own official languages and it may include Hindi
or English
Article 346 Official language between the union and states will be the official language of the
Union. Official language between states can be different than the one of the Union of the two or
more of those states agree to it.
Article 347 If the president feels that a significant population of a state speak a particular language
then the President can direct that language be officially recognized as one of the official languages of
the state
Chapter 3 Language of the Supreme and High courts

Article 348 All written texts, orders, bills and acts will be in English but the official language of the
proceedings may be authorization of the governor with the consent of the president may be
different and be one of the local languages.
Article 349 - ?
Chapter 4 Special directives

Article 350 Every person shall be entitled to submit a representation for the redress of any
grievance to any authority of union or state in any of the languages used in the union or the state
Article 350A State to provide adequate facilities for the instruction of primary education for
children belonging to linguistic minority in their mother tongue, and the president may issue
directions as he considers necessary for the provision of such facilities.
Article 350B Special officer for linguistic minorities to be appointed by the president who shall
safeguard their interests
Article 351 It shall be the duty of the union to promote and spread the Hindi Language.
Part 18 Art(352-360) Emergency Provisions

Article 352 If the president is satisfied that a grave emergency exists whereby the security of India
is threatened by external aggression or armed rebellion he may declare by proclamation an
emergency.
An emergency proclamation maybe revoked by a subsequent proclamation. Proclamation can only
be issued by the president by written communication from the council of ministers.
The proclamation once issued for emergency will have a validity of one month if not passed by both
houses of the parliament.
If the house of the people is dissolved then only the council of states has the power to pass such a
resolution.
Now during the emergency a new lok sabha has been elected they have to pass it by a resolution
within 30 days of the first assembly or it will cease to exist, the emergency.
The emergency can be continued for another six months by passing a resolution by both houses of
the parliament. Now if the Lok sabha is dissolved when the continuance is asked, it shall exist but
only till the new lok sabha is elected and they within a period of 1 month pass it by a resolution.
A resolution for emergency can only be passed by majority resolution by 2/3rds of the members
present and voting.
An emergency can be revoked by a proclamation by the president or it is passed by a resolution by
the lok sabha. The resolution can be introduced by 1/10
th
of the total members of the house of Lok
sabha.
The resolution will be given to the speaker if they are in session, or else to the president if not in
session and a special sitting will be called within 14 days this notice has been received by the
speaker.
The president can issue multiple proclamations on different grounds like external
aggression/war/armed rebellion etc.

Article 353 During the emergency the executive power of the union extends beyond the union list
so does the power to make laws for.
Article 354 During emergency financial provisions between articles 268 and 279 can be modified or
given exceptions, but not beyond the financial year in which the emergency ended. Both the houses
of parliament must be notified.
Article 355 It shall be the duty of the union to protect all states during the time of emergency.
Article 356 Failure of the constitutional machinery in a state, on the recommendation of the
governor the president can impose the presidents rule or state emergency.
Parliament will take up the role of the LA and President will take up the role of the government of
state and the governor.
The president can suspend in whole or part provisions of the constitution relating to the states. The
president cannot assume the role of the high courts
Every proclamation shall be put in front of the parliament and will cease to operate in 2 months
unless approved by both houses.
If house of people is dissolved it will be passed by the rajya sabha but has to be approved by the next
house within 1 month of their assembly.
A proclamation will have a duration of 6 months, unless a resolution for continuance has been
passed by both houses it will be continued further for a period of 6 months. But it shall not be more
than 3 years.
In case the house of the people is dissolved for the continuance, it shall be put forth the new LS and
has to be approved within 1 month else it will cease to operate.
Even though maximum period is 3 years, it cannot go beyond 1 year unless there is proclamation of
emergency in the whole of India or election commission certifies that it is difficult to conduct
elections in the state.
Article 357 - Exercise of legislative powers under Proclamation issued under article 356 - the powers
of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the
right to delegate Legislative powers to the President of India or any such authority. The President of
India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated
fund during the time period when the House of the People is not in operation.
The parliament can basically delegate legislative powers to the president and can use the
consolidated fund of the state.
Any law made during the proclamation of emergency shall continue to exist unless repealed or
modified by the next LA
Article 358 - Suspension of provisions of article 19 during emergencies - any provision under Article
19 will not be effective during emergency and the states can make law and undertake executive
action. However, only those laws and executive actions containing recital related to emergency
during the Proclamation of Emergency are effective as per the Article.
Article 359 - the President of India can suspend all on going proceedings in any court of the nation
during emergencies by an Order. The President can also call upon all pending court proceedings in
case of emergencies. All such orders declaring the suspension of court proceedings have to be
submitted to both the Houses of Parliament.
Article 359A Repealed
Article 360 Financial emergency can be invoked by the President or revoked. Has a validity of 2
months just like in presidents rule of states.
During the period of emergency, the union can give directions on financial matters and other
directions as the president may deem necessary.
During this period, the salaries of public servants may be decreased, state money bills will have to be
authorized by the president.
Part 19 Art(361-367) Miscellaneous

Article 361 The president or the governor shall not be answerable to any court for the exercise of
his duties and powers of his office or any act done by him in the performance of his powers and
duties
The conduct of the president may be brought under review by any court or body appointed by the
parliament, provided that the GOI or GOS can be proceeded against.
No criminal proceedings shall be constituted against the president or governor of any state during
the term of his office. They cannot even be arrested during the tenure of their office
Article 361A No person shall be liable to any proceedings or in any court for the publication of a
substantially true report of any proceedings of either house of parliament or LA or LC. But can be
tried for publishing something done during a secret setting of the above houses
Publishing can be in any form of news media.
Article 361B If any member has been disqualified under paragraph 2 of the 10
th
schedule , he shall
not hold any remunerative political post for the period of his disqualification.
Article 362 Repealed
Article 363 No court shall have jurisdiction over treaties or agreements between princely states,
governments under dominion etc made before the commencement of the constitution.
Article 363A from the 26
th
amendment act of 1971, no ruler shall be paid privy purse and the
concept of privy purse shall be abolished. There will also be no concept of a ruler of any Indian state
henceforth.
Article 364 The president through public notification may ensure that any law made by the
parliament or LA/LA shall not apply to any major port or aerodrome subject to exceptions or
modificaitons
Article 365 If the state fails to comply with the directions of the union where it may apply,
presidents rule in the state may be enforced.
Article 366 Agriculture income means as defined for the purpose of IT and Anglo Indian means a
person whose father or any of the other male progenitors was of European descent but now a
resident of India or parents were residents of India.
Article 367 Some random stuff
Part 20 Art(368) Amendment to the constitution

There are 3 types of amendments of the constitution
1) Either house may introduce an amendment and has to be passed by both house with
majority with 2/3rds of the members present and voting
2) If it includes some stuff to do with states or other articles specified in this article, it needs to
be ratified by not less than of the states of India also as resolutions passed in their
respective legislatures.
3) Amendments through simple majority like any ordinary bill, article 4 and article 169 are
examples. This can have a joint sitting unlike the above 2.

Part 21 Art(369-392) Temporary, Transitional and Special
Provisions

Article 369 Temporary power of parliament to make laws with respect to certain matters in the
state list as if they were matters in the concurrent list
Article 370 The power of parliament to make laws in J&K shall be subject to the Instrument of
accession, article 1 and this article shall apply to the state of J&K and no other article shall apply.
No such order which relates to the matters in the instrument of accession shall apply be issued
without the consultation of the state
This article specifies that except for Defence, Foreign Affairs, Finance and Communications,(matters
specified in the instrument of accession) the Indian Parliament needs the State Government's
concurrence for applying all other laws. Thus the state's residents lived under a separate set of laws,
including those related to citizenship, ownership of property, and fundamental rights, as compared
to other Indians.
Article 371 Special provision with respect to Maharashtra and Gujarat
Article 371A The Special provisions with respect to the state of Nagaland, states that no act of
parliament shall apply to the Naga traditions.
Article 371B Special provision with respect to Assam
Article 371C Special provision with respect to Manipur
Article 371D Special provision with respect to the state of AP
Article 371E Establishment of central university in AP
Article 371F Special provision for the state of Sikkim
Article 371G Special provision for the state of Mizoram
Article 371H Special provision for the state of Arunachal Pradesh
Article 371I Special provision for the state of Goa
Article 371J Special provision for the state of Karnataka
Article 372 Except those acts mentioned in article 395, all the laws before the commencement of
the constitution shall continue to exist until altered or repealed or amended by a competent
legislature. Within 3 years of the commencement of the constitution the president can do the above
modifications if required for expediency which can again be altered by the competent legislature
Article 372A Something similar to the above
Article 373 Until the parliament can make a law for the article 22 clause 7 the president can issue
an order for the same. T
he time given to the Parliament is one year.
Article 374 Judges of the federal court shall become the judges of the Supreme Court and their
previous rulings shall not be invalidated
Article 375 All courts shall continue to exercise their respective functions subject to the provisions
of the constitution
Article 376 Judges of High court in the provinces or states shall become the judges of the high
court in the states on the commencement of the constitution
Article 377 Auditor General of India before commencement shall be the AG of India after
commencement
Article 378 Members of the PSCs shall continue to hold office after the commencement
Article 378A Something to do with the assembly of AP after reorganization act 1956, the assembly
will continue for a period of 5 years from the date referred to in section 29 of the above act and
after the expiration of the period it shall be considered to be dissolved.
Article 379-391 Repealed
Article 392 The president to remove difficulties during transition from the GOI Act 1935 and for
expediency may make modifications to the laws as he deem necessary. He cannot make these
modifications after the first meeting of the parliament.
Part 22 Art(393-395) Short title, commencement, authoritative
text and repeals

Article 393 This constitution may be called the constitution of India
Article 394 Certain articles will come into force on 26
th
November 1949 and the rest on 26
th

January 1950
Article 394A President shall cause translation of this constitution and its amendments in Hindi
language with the necessary modifications signed by the members of the constituent assembly. The
translation shall have the same meaning as the one original English constitution.
Article 395 The Indian independence act, the government of India act 1935 and all its amendments
shall be repealed. The Privy Council jurisdiction act of 1949 shall not be repealed.

You might also like