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PART I
THE UNION AND ITS TERRITORY
1. Name and territory of the Union.—(1) India, that is Bharat, shall be
a Union of States.
(2) The States and the territories thereof shall be the States and their
territories specified in Parts A, B and C
of the First Schedule.
(3) The territory of India shall comprise—
(a) the territories of the States;
(b) the territories specified in Part D of the First
Schedule ; and
(c) such other territories as may be acquired.
2. Admission or establishment of new States.—Parliament may by law
admit into the Union, or establish, new States on such terms and conditions as i
t
thinks fit.
3. Formation of new States and alteration of areas, boundaries or
names of existing States.—Parliament may by law—
(a)form a new State by separation of territory from any State or by
uniting two or more States or parts of States or by uniting any territory to
a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
Provided that no Bill for the purpose shall be intro-
duced in either House of Parliament except on the recom-
mendation of the President and unless, where the proposal
contained in the Bill affects the boundaries of any State
or States specified in Part A or Part B of the First Schedule
or the name or names of any such State or States, the views
of the Legislature of the State or, as the case may be, of
each of the States both with respect to the proposal to
introduce the Bill and with respect to the provisions thereof
have been ascertained by the President.
2
3
THE CONSTITUTION OF INDIA
4. Laws made under articles 2 and 3 to provide for the amendment
of the First and the Fourth Schedules and supplemental, incidental and
consequential matters.—(1) Any law referred to in article 2 or article 3 shall
contain such provisions for the amendment of the First Schedule and the Fourth
Schedule as may be necessary to give effect to the provisions of the law and
may also contain such supplemental, incidental and consequential provisions
(including provisions as to representation in Parliament and in the Legislature
or Legislatures of the State or States affected by such law) as Parliament may
deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this
Constitution for the purposes of article 368.

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PART X
THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and tribal areas.—(1) The
provisions of the Fifth Schedule shall apply to the administration and control o
f
the Scheduled Areas and Scheduled Tribes in any State specified in Part A or Par
t B of the First Schedule other than the States of
Assam.
(2) The provisions of the Sixth Schedule shall apply to the
administration of the tribal areas in the States of Assam.

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PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I.—LEGISLATIVE RELATIONS
Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of
States.—(1) Subject to the provisions of this Constitution, Parliament may
make laws for the whole or any part of the territory of India, and the
Legislature of a State may make laws for the whole or any part of the State.
(2) No law made by Parliament shall be deemed to be invalid on the
ground that it would have extra-territorial operation.
246. Subject-matter of laws made by Parliament and by the
Legislatures of States.—(1) Notwithstanding anything in clauses (2) and (3),
Parliament has exclusive power to make laws with respect to any of the matters
enumerated in List I in the Seventh Schedule (in this Constitution referred to a
s
the “Union List”).
(2) Notwithstanding anything in clause (3), Parliament, and, subject to
clause (1), the Legislature of any State specified in Part A or Part B of the Fi
rst Schedule
also, have power to make laws with
respect to any of the matters enumerated in List III in the Seventh Schedule (in
this Constitution referred to as the “Concurrent List”).
(3) Subject to clauses (1) and (2), the Legislature of any State specified in Pa
rt A or Part B of the First Schedule
has exclusive power to make laws for such State or any part thereof with respect
to
any of the matters enumerated in List II in the Seventh Schedule (in this
Constitution referred to as the “State List”').
(4) Parliament has power to make laws with respect to any matter for
any part of the territory of India not included in Part A or Part B of the First
Schedule
notwithstanding that
such matter is a matter enumerated in the State List.
247. Power of Parliament to provide for the establishment of certain
additional courts.—Notwithstanding anything in this Chapter, Parliament may
by law provide for the establishment of any additional courts for the better
administration of laws made by Parliament or of any existing laws with respect
to a matter enumerated in the Union List.
126
127
THE CONSTITUTION OF INDIA
248. Residuary powers of legislation.—(1) Parliament has exclusive
power to make any law with respect to any matter not enumerated in the
Concurrent List or State List.
(2) Such power shall include the power of making any law imposing a
tax not mentioned in either of those Lists.
249. Power of Parliament to legislate with respect to a matter in the
State List in the national interest.—(1) Notwithstanding anything in the
foregoing provisions of this Chapter, if the Council of States has declared by
resolution supported by not less than two-thirds of the members present and
voting that it is necessary or expedient in the national interest that Parliamen
t
should make laws with respect to any matter enumerated in the State List
specified in the resolution, it shall be lawful for Parliament to make laws for
the
whole or any part of the territory of India with respect to that matter while th
e
resolution remains in force.
(2) A resolution passed under clause (1) shall remain in force for such
period not exceeding one year as may be specified therein:
Provided that, if and so often as a resolution approving the continuance
in force of any such resolution is passed in the manner provided in clause (1),
such resolution shall continue in force for a further period of one year from th
e
date on which under this clause it would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the
passing of a resolution under clause (1) have been competent to make shall, to t
he
extent of the incompetency, cease to have effect on the expiration of a period o
f
six months after the resolution has ceased to be in force, except as respects th
ings
done or omitted to be done before the expiration of the said period.
250. Power of Parliament to legislate with respect to any matter in
the State List if a Proclamation of Emergency is in operation.—(1)
Notwithstanding anything in this Chapter, Parliament shall, while a
Proclamation of Emergency is in operation, have power to make laws for the
whole or any part of the territory of India with respect to any of the matters
enumerated in the State List.
(2) A law made by Parliament which Parliament would not but for the
issue of a Proclamation of Emergency have been competent to make shall, to the
extent of the incompetency, cease to have effect on the expiration of a period o
f
six months after the Proclamation has ceased to operate, except as respects thin
gs
done or omitted to be done before the expiration of the said period.
128
THE CONSTITUTION OF INDIA
251. Inconsistency between laws made by Parliament under articles
249 and 250 and laws made by the Legislatures of States.—Nothing in
articles 249 and 250 shall restrict the power of the Legislature of a State to
make any law which under this Constitution it has power to make, but if any
provision of a law made by the Legislature of a State is repugnant to any
provision of a law made by Parliament which Parliament has under either of the
said articles power to make, the law made by Parliament, whether passed
before or after the law made by the Legislature of the State, shall prevail, and
the law made by the Legislature of the State shall to the extent of the
repugnancy, but so long only as the law made by Parliament continues to have
effect, be inoperative.
252. Power of Parliament to legislate for two or more States by
consent and adoption of such legislation by any other State.—(1) If it
appears to the Legislatures of two or more States to be desirable that any of th
e
matters with respect to which Parliament has no power to make laws for the
States except as provided in articles 249 and 250 should be regulated in such
States by Parliament by law, and if resolutions to that effect are passed by all
the Houses of the Legislatures of those States, it shall be lawful for Parliamen
t
to pass an act for regulating that matter accordingly, and any Act so passed
shall apply to such States and to any other State by which it is adopted
afterwards by resolution passed in that behalf by the House or, where there are
two Houses, by each of the Houses of the Legislature of that State.
(2) Any Act so passed by Parliament may be amended or repealed by an
Act of Parliament passed or adopted in like manner but shall not, as respects
any State to which it applies, be amended or repealed by an Act of the
Legislature of that State.
253. Legislation for giving effect to international agreements.—
Notwithstanding anything in the foregoing provisions of this Chapter,
Parliament has power to make any law for the whole or any part of the territory
of India for implementing any treaty, agreement or convention with any other
country or countries or any decision made at any international conference,
association or other body
129
THE CONSTITUTION OF INDIA
254. Inconsistency between laws made by Parliament and laws made
by the Legislatures of States.—(1) If any provision of a law made by the
Legislature of a State is repugnant to any provision of a law made by
Parliament which Parliament is competent to enact, or to any provision of an
existing law with respect to one of the matters enumerated in the Concurrent
List, then, subject to the provisions of clause (2), the law made by Parliament,
whether passed before or after the law made by the Legislature of such State,
or, as the case may be, the existing law, shall prevail and the law made by the
Legislature of the State shall, to the extent of the repugnancy, be void.
(2) Where a law made by the Legislature of a State specified in Part A or Part B
of the First Schedule
with respect to one of
the matters enumerated in the Concurrent List contains any provision repugnant
to the provisions of an earlier law made by Parliament or an existing law with
respect to that matter, then, the law so made by the Legislature of such State
shall, if it has been reserved for the consideration of the President and has
received his assent, prevail in that State:
Provided that nothing in this clause shall prevent Parliament from
enacting at any time any law with respect to the same matter including a law
adding to, amending, varying or repealing the law so made by the Legislature
of the State.
255. Requirements as to recommendations and previous sanctions to
be regarded as matters of procedure only.—No Act of Parliament or of the
Legislature of a State specified in Part A or Part B of the First Schedule,
and no provision in any such Act, shall be invalid by
reason only that some recommendation or previous sanction required by this
Constitution was not given, if assent to that Act was given—
(a) where the recommendation required was that of the Governor,
either by the Governor or by the President;
(b) where the recommendation required was that of the
Rajpramukh, either by the Rajpramukh or by the President;
(c) where the recommendation or previous sanction required was
that of the President, by the President.
CHAPTER II.—ADMINISTRATIVE RELATIONS
General
256. Obligation of States and the Union.—The executive power of every
State shall be so exercised as to ensure compliance with the laws made by
Parliament and any existing laws which apply in that State, and the executive
power of the Union shall extend to the giving of such directions to a State as m
ay
appear to the Government of India to be necessary for that purpose.
130
THE CONSTITUTION OF INDIA
257. Control of the Union over States in certain cases.—(1) The
executive power of every State shall be so exercised as not to impede or
prejudice the exercise of the executive power of the Union, and the executive
power of the Union shall extend to the giving of such directions to a State as
may appear to the Government of India to be necessary for that purpose.
(2) The executive power of the Union shall also extend to the giving of
directions to a State as to the construction and maintenance of means of
communication declared in the direction to be of national or military
importance:
Provided that nothing in this clause shall be taken as restricting the
power of Parliament to declare highways or waterways to be national highways
or national waterways or the power of the Union with respect to the highways
or waterways so declared or the power of the Union to construct and maintain
means of communication as part of its functions with respect to naval, military
and air force works.
(3) The executive power of the Union shall also extend to the giving of
directions to a State as to the measures to be taken for the protection of the
railways within the State.
(4) Where in carrying out any direction given to a State under clause (2)
as to the construction or maintenance of any means of communication or under
clause (3) as to the measures to be taken for the protection of any railway, cos
ts
have been incurred in excess of those which would have been incurred in the
discharge of the normal duties of the State if such direction had not been given
,
there shall be paid by the Government of India to the State such sum as may be
agreed, or, in default of agreement, as may be determined by an arbitrator
appointed by the Chief Justice of India, in respect of the extra costs so incurr
ed
by the State.
258. Power of the Union to confer powers, etc., on States in certain
cases.—(1) Notwithstanding anything in this Constitution, the President may,
with the consent of the Government of a State, entrust either conditionally or
unconditionally to that Government or to its officers functions in relation to a
ny
matter to which the executive power of the Union extends.
131
THE CONSTITUTION OF INDIA
(2) A law made by Parliament which applies in any State may,
notwithstanding that it relates to a matter with respect to which the Legislatur
e
of the State has no power to make laws, confer powers and impose duties, or
authorise the conferring of powers and the imposition of duties, upon the State
or officers and authorities thereof.
(3) Where by virtue of this article powers and duties have been conferred
or imposed upon a State or officers or authorities thereof, there shall be paid
by
the Government of India to the State such sum as may be agreed, or, in default
of agreement, as may be determined by an arbitrator appointed by the Chief
Justice of India, in respect of any extra costs of administration incurred by th
e
State in connection with the exercise of those powers and duties.
259.Armed Forces in States in Part B of the First Schedule.
(1) Notwithstanding anything in this Constitu-
tion, a State specified in Part B of the
First Schedule having any Armed forces
immediately before the commencement
of this Constitution may, until Parliament by law otherwise
provides, continue to maintain the said Forces after such
commencement subject to such general or special orders
as the President may from time to time issue in that be-
half.
(2) Any such Armed Forces as are referred to in
clause (1) shall form part of the Armed Forces of the
Union.
260. Jurisdiction of the Union in relation to territories outside
India.—The Government of India may by agreement with the Government of
any territory not being part of the territory of India undertake any executive,
legislative or judicial functions vested in the Government of such territory, bu
t
every such agreement shall be subject to, and governed by, any law relating to
the exercise of foreign jurisdiction for the time being in force.
261. Public acts, records and judicial proceedings.—(1) Full faith and
credit shall be given throughout the territory of India to public acts, records
and
judicial proceedings of the Union and of every State.
(2) The manner in which and the conditions under which the acts,
records and proceedings referred to in clause (1) shall be proved and the effect
thereof determined shall be as provided by law made by Parliament.
(3) Final judgments or orders delivered or passed by civil courts in any
part of the territory of India shall be capable of execution anywhere within tha
t
territory according to law.
132
THE CONSTITUTION OF INDIA
Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State rivers
or river valleys.—(1) Parliament may by law provide for the adjudication of
any dispute or complaint with respect to the use, distribution or control of the
waters of, or in, any inter-State river or river valley.
(2) Notwithstanding anything in this Constitution, Parliament may by
law provide that neither the Supreme Court nor any other court shall exercise
jurisdiction in respect of any such dispute or complaint as is referred to in
clause (1).
Co-ordination between States
263. Provisions with respect to an inter-State Council.—If at any time
it appears to the President that the public interests would be served by the
establishment of a Council charged with the duty of—
(a) inquiring into and advising upon disputes which may have
arisen between States;
(b) investigating and discussing subjects in which some or all of
the States, or the Union and one or more of the States, have a common
interest; or
(c) making recommendations upon any such subject and, in
particular, recommendations for the better co-ordination of policy and
action with respect to that subject,
it shall be lawful for the President by order to establish such a Council, and t
o
define the nature of the duties to be performed by it and its organisation and
procedure.

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PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I.—FINANCE
General
264. Interpretation.—
In this Part, unless the context otherwise
requires,
(a) "Finance Commission" means a Finance
Commission constituted under article 280 ,
(b) " State" does not include a State specified in
Part C of the First Schedule ;
(c) references to States specified in Part C of the
First Schedule shall include references to any
territory specified in Part D of the First
Schedule and any other territory comprised
within the territory of India but not speci-
fied in that Schedule.
265. Taxes not to be imposed save by authority of law.—No tax shall
be levied or collected except by authority of law.
266. Consolidated Funds and public accounts of India and of the
States.—(1) Subject to the provisions of article 267 and to the provisions of
this Chapter with respect to the assignment of the whole or part of the net
proceeds of certain taxes and duties to States, all revenues received by the
Government of India, all loans raised by that Government by the issue of
treasury bills, loans or ways and means advances and all moneys received by
that Government in repayment of loans shall form one consolidated fund to be
entitled “the Consolidated Fund of Indiaâ€<C3A2>, and all revenues received by the
Government of a State, all loans raised by that Government by the issue of
treasury bills, loans or ways and means advances and all moneys received by
that Government in repayment of loans shall form one consolidated fund to be
entitled “the Consolidated Fund of the Stateâ€<C3A2>.
(2) All other public moneys received by or on behalf of the Government
of India or the Government of a State shall be credited to the public account of
India or the public account of the State, as the case may be.
(3) No moneys out of the Consolidated Fund of India or the
Consolidated Fund of a State shall be appropriated except in accordance with
law and for the purposes and in the manner provided in this Constitution.
267. Contingency Fund.—(1) Parliament may by law establish a
Contingency Fund in the nature of an imprest to be entitled “the Contingency
Fund of Indiaâ€<C3A2> into which shall be paid from time to time such sums as may be
determined by such law, and the said Fund shall be placed at the disposal of the
President to enable advances to be made by him out of such Fund for the
purposes of meeting unforeseen expenditure pending authorisation of such
expenditure by Parliament by law under article 115 or article 116.
133
134
THE CONSTITUTION OF INDIA
(2) The Legislature of a State may by law establish a Contingency Fund in
the nature of an imprest to be entitled “the Contingency Fund of the Stateâ€<C3A2>
into
which shall be paid from time to time such sums as may be determined by such
law, and the said Fund shall be placed at the disposal of the Governor or Rajpra
mukh
of the State to enable advances to be made by him out of such Fund for the purpo
ses of
meeting unforeseen expenditure pending authorisation of such expenditure by the
Legislature of the State by law under article 205 or article 206.
Distribution of Revenues between the Union and the States
268. Duties levied by the Union but collected and appropriated by
the States.—(1) Such stamp duties and such duties of excise on medicinal and
toilet preparations as are mentioned in the Union List shall be levied by the
Government of India but shall be collected—
(a) in the case where such duties are leviable within any State specified in Par
t C of the First Schedule, by the Government of India, and
(b) in other cases, by the States within which such duties are
respectively leviable.
(2) The proceeds in any financial year of any such duty leviable within
any State shall not form part of the Consolidated Fund of India, but shall be
assigned to that State.
269.Taxes levied and collected by the Union but assigned to the States
(1) The following duties and taxes shall be levied and collected by the Governme
nt of India but shall be assigned to the States in the manner provided in clause
(2), namely: -
(a) duties in respect of succession to property other than agricultural land;
(b) estate duty in respect of property other than agricultural land;
(c) terminal taxes on goods or passengers carried by railway, sea or air;
(d) taxes on railway fares and freights;
(e) taxes other than stamp duties on transactions in stock-exchanges and futures
markets;
(f) taxes on the sale or purchase of newspapers and on advertisements published
therein;
(2) The net proceeds in any financial year of any such duty or tax, except in so
far as those proceeds represent proceeds attributable to State specified in Par
t C of the First Schedule, shall not form part of the Consolidated Fund of India
, but shall be assigned to the States within which that duty or tax is leviable
in that year, and shall be distributed among those States in accordance with suc
h principles of distribution as may be formulated by Parliament by law.
270. Taxes levied and collected by the Union and distributed between the Union a
nd the States
(1) Taxes on income other than agricultural income shall be levied and collected
by the Government of India and distributed between the Union and the States in
the manner provided in clause (2).
(2) Such percentage, as may be prescribed, of the net proceeds in any financial
year of any such tax, except in so far as those proceeds represent proceeds attr
ibutable to State specified in Part C of the First Schedule or to taxes payable
in respect of Union emoluments, shall not form part of the Consolidated Fund of
India, but shall be assigned to the States within which that tax is leviable in
that year, and shall be distributed among those States in such manner and from s
uch time as may be prescribed.
(3) For the purposes of clause (2), in each financial year such percentage as ma
y be prescribed of so much of the net proceeds of taxes on income as does not re
present the net proceeds of taxes payable in respect of Union emoluments shall b
e deemed to represent proceeds attributable to State specified in Part C of the
First Schedule.
(4) In this article -
(a) "taxes on income" does not include a corporation tax:
(b) "prescribed" means -
(i) until a Finance Commission has been constituted, prescribed by the President
by order, and
(ii) after a Finance Commission has been constituted, prescribed by the Presiden
t by order after considering the recommendations of the Finance Commission;
(c) "Union emoluments" includes all emoluments and pensions payable out of the C
onsolidated Fund of India in respect of which income-tax is chargeable.
271. Surcharge on certain duties and taxes for purposes of the
Union.—Notwithstanding anything in articles 269 and 270, Parliament may at
any time increase any of the duties or taxes referred to in those articles by a
surcharge for purposes of the Union and the whole proceeds of any such
surcharge shall form part of the Consolidated Fund of India.
272. Taxes which are levied and collected by the Union and may be distributed be
tween the Union and the States
Union duties of excise other than such duties of excise on medicinal and toilet
preparations as are mentioned in the Union List shall be levied and collected by
the Government of India, but, if Parliament by law so provides, there shall be
paid out of the Consolidated Fund of India to the States to which the law imposi
ng the duty extends sums equivalent to the whole or any part of the net proceeds
of that duty, and those sums shall be distributed among those States in accorda
nce with such principles of distribution as may be formulated by such law.
136
THE CONSTITUTION OF INDIA
273. Grants in lieu of export duty on jute and jute products.—(1)
There shall be charged on the Consolidated Fund of India in each year as
grants-in-aid of the revenues of the States of Assam, Bihar, Odisha and West
Bengal, in lieu of assignment of any share of the net proceeds in each year of
export duty on jute and jute products to those States, such sums as may be
prescribed.
(2) The sums so prescribed shall continue to be charged on the
Consolidated Fund of India so long as any export duty on jute or jute products
continues to be levied by the Government of India or until the expiration of ten
years from the commencement of this Constitution whichever is earlier.
(3) In this article, the expression “prescribedâ€<C3A2> has the same meaning as
in article 270.
274. Prior recommendation of President required to Bills affecting
taxation in which States are interested.—(1) No Bill or amendment which
imposes or varies any tax or duty in which States are interested, or which varie
s
the meaning of the expression “agricultural incomeâ€<C3A2> as defined for the purpo
ses
of the enactments relating to Indian income-tax, or which affects the principles
on which under any of the foregoing provisions of this Chapter moneys are or
may be distributable to States, or which imposes any such surcharge for the
purposes of the Union as is mentioned in the foregoing provisions of this
Chapter, shall be introduced or moved in either House of Parliament except on
the recommendation of the President.
(2) In this article, the expression “tax or duty in which States are
interestedâ€<EFBFBD> means—
(a) a tax or duty the whole or part of the net proceeds whereof are
assigned to any State; or
(b) a tax or duty by reference to the net proceeds whereof sums
are for the time being payable out of the Consolidated Fund of India to
any State.
275. Grants from the Union to certain States.—(1) Such sums as
Parliament may by law provide shall be charged on the Consolidated Fund of
India in each year as grants-in-aid of the revenues of such States as Parliament
may determine to be in need of assistance, and different sums may be fixed for
different States:
137
THE CONSTITUTION OF INDIA
Provided that there shall be paid out of the Consolidated Fund of India as
grants-in-aid of the revenues of a State such capital and recurring sums as may
be necessary to enable that State to meet the costs of such schemes of
development as may be undertaken by the State with the approval of the
Government of India for the purpose of promoting the welfare of the Scheduled
Tribes in that State or raising the level of administration of the Scheduled Are
as
therein to that of the administration of the rest of the areas of that State:
Provided further that there shall be paid out of the Consolidated Fund of
India as grants-in-aid of the revenues of the State of Assam sums, capital and
recurring, equivalent to—
(a) the average excess of expenditure over the revenues during the
two years immediately preceding the commencement of this Constitution
in respect of the administration of the tribal areas specified in Part I of
the table appended to paragraph 20 of the Sixth Schedule; and
(b) the costs of such schemes of development as may be
undertaken by that State with the approval of the Government of India
for the purpose of raising the level of administration of the said areas to
that of the administration of the rest of the areas of that State.
(2) Until provision is made by Parliament under clause (1), the powers
conferred on Parliament under that clause shall be exercisable by the President
by order and any order made by the President under this clause shall have effect
subject to any provision so made by Parliament:
Provided that after a Finance Commission has been constituted no order
shall be made under this clause by the President except after considering the
recommendations of the Finance Commission.
138
THE CONSTITUTION OF INDIA
276. Taxes on professions, trades, callings and employments.—(1)
Notwithstanding anything in article 246, no law of the Legislature of a State re
lating
to taxes for the benefit of the State or of a municipality, district board, loca
l board or
other local authority therein in respect of professions, trades, callings or
employments shall be invalid on the ground that it relates to a tax on income.
(2) The total amount payable in respect of any one person to the State or
to any one municipality, district board, local board or other local authority in
the State by way of taxes on professions, trades, callings and employments
shall not exceed two hundred and fifty rupees per annum.
Provided that if in the financial year immediately preceding the commencement of
this Constitution there was in force in the case of any State or any such munic
ipality, board or authority a tax on professions, trades, callings or employment
s the rate, or the maximum rate, of which exceed two hundred and fifty rupees pe
r annum, such tax may continue to be levied until provisions to the contrary is
made by Parliament by law, and any law so made by Parliament may be made either
generally or in relation to any specified States, municipalities, boards or auth
orities
(3) The power of the Legislature of a State to make laws as aforesaid
with respect to taxes on professions, trades, callings and employments shall not
be construed as limiting in any way the power of Parliament to make laws with
respect to taxes on income accruing from or arising out of professions, trades,
callings and employments.
277. Savings.—Any taxes, duties, cesses or fees which, immediately
before the commencement of this Constitution, were being lawfully levied by
the Government of any State or by any municipality or other local authority or
body for the purposes of the State, municipality, district or other local area
may, notwithstanding that those taxes, duties, cesses or fees are mentioned in
the Union List, continue to be levied and to be applied to the same purposes
until provision to the contrary is made by Parliament by law.
278. Agreement with States in Part B of the First Schedule with
regard to certain financial matters.
(l) Notwithstanding anything in this Consti-
tution, the Government of India may,
subject to the provisions of clause (2),
enter into an agreement with the Govern-
meant of a State specified in Part B of the
First Schedule with respect to
(a) the levy and collection of any tax or duty
leviable by the Government of India in such
State and for the distribution of the proceeds
thereof otherwise than in accordance with the
provisions of this Chapter ;
(b) the grant of any financial assistance by the
Government of India to such State in conse-
quence of the loss of any revenue which
that State used to derive from any tax or
duty leviable under this Constitution by the
Government of India or from any other
sources ;
(c) the contribution by such State in respect of any
payment made by the Government of India
under clause (i) of article 291,
and, when au agreement is so entered into, the provisions
of this Chapter shall in relation to such State have effect
subject to the terms of such agreement.
(2) An agreement entered into under clause (1) shall
continue in force for a period not exceeding ten years from
the commencement of this Constitution :
Provided that the President may at any time after
the expiration of five years from such commencement
terminate or modify any such agreement if after considera-
tion of the report of the Finance Commission he thinks it
necessary to do so.
279. Calculation of “net proceedsâ€<C3A2>, etc.—(1) In the foregoing
provisions of this Chapter, “net proceedsâ€<C3A2> means in relation to any tax or d
uty
the proceeds thereof reduced by the cost of collection, and for the purposes of
those provisions the net proceeds of any tax or duty, or of any part of any tax
or
duty, in or attributable to any area shall be ascertained and certified by the
Comptroller and Auditor-General of India, whose certificate shall be final.
(2) Subject as aforesaid, and to any other express provision of this
Chapter, a law made by Parliament or an order of the President may, in any
case where under this Part the proceeds of any duty or tax are, or may be,
assigned to any State, provide for the manner in which the proceeds are to be
calculated, for the time from or at which and the manner in which any
payments are to be made, for the making of adjustments between one financial
year and another, and for any other incidental or ancillary matters.
139
THE CONSTITUTION OF INDIA
280. Finance Commission.—(1) The President shall, within two years
from the commencement of this Constitution and thereafter at the expiration of
every fifth year or at such earlier time as the President considers necessary, b
y
order constitute a Finance Commission which shall consist of a Chairman and
four other members to be appointed by the President.
(2) Parliament may by law determine the qualifications which shall be
requisite for appointment as members of the Commission and the manner in
which they shall be selected.
(3) It shall be the duty of the Commission to make recommendations to
the President as to—
(a) the distribution between the Union and the States of the net
proceeds of taxes which are to be, or may be, divided between them
under this Chapter and the allocation between the States of the respective
shares of such proceeds;
(b) the principles which should govern the grants-in-aid of the
revenues of the States out of the Consolidated Fund of India;
(bb) the measures needed to augment the Consolidated Fund of a
State to supplement the resources of the Panchayats in the State on the basis
of the recommendations made by the Finance Commission of the State;
(c) the continuance or modification of the terms
of any agreement entered into by the Gov-
ernment of India with the Government of any
State specified in Part B of the First Schedule
under clause (1) of article 278 or under article
306 ; and
(d) any other matter referred to the Commission by the President
in the interests of sound finance.
(4) The Commission shall determine their procedure and shall have such
powers in the performance of their functions as Parliament may by law confer
on them.
281. Recommendations of the Finance Commission.—The President
shall cause every recommendation made by the Finance Commission under the
provisions of this Constitution together with an explanatory memorandum as to
the action taken thereon to be laid before each House of Parliament.
Miscellaneous Financial Provisions
282. Expenditure defrayable by the Union or a State out of its
revenues.—The Union or a State may make any grants for any public purpose,
notwithstanding that the purpose is not one with respect to which Parliament or
the Legislature of the State, as the case may be, may make laws.
140
THE CONSTITUTION OF INDIA
283. Custody, etc., of Consolidated Funds, Contingency Funds and
moneys credited to the public accounts.—(1) The custody of the
Consolidated Fund of India and the Contingency Fund of India, the payment of
moneys into such Funds, the withdrawal of moneys therefrom, the custody of
public moneys other than those credited to such Funds received by or on behalf
of the Government of India, their payment into the public account of India and
the withdrawal of moneys from such account and all other matters connected
with or ancillary to matters aforesaid shall be regulated by law made by
Parliament, and, until provision in that behalf is so made, shall be regulated b
y
rules made by the President.
(2) The custody of the Consolidated Fund of a State and the
Contingency Fund of a State, the payment of moneys into such Funds, the
withdrawal of moneys therefrom, the custody of public moneys other than
those credited to such Funds received by or on behalf of the Government of the
State, their payment into the public account of the State and the withdrawal of
moneys from such account and all other matters connected with or ancillary to
matters aforesaid shall be regulated by law made by the Legislature of the
State, and, until provision in that behalf is so made, shall be regulated by rul
es
made by the Governor or Rajpramukh of the State.
284. Custody of suitors' deposits and other moneys received by
public servants and courts.—All moneys received by or deposited with—
(a) any officer employed in connection with the affairs of the
Union or of a State in his capacity as such, other than revenues or
public moneys raised or received by the Government of India or the
Government of the State, as the case may be, or
(b) any court within the territory of India to the credit of any
cause, matter, account or persons,
shall be paid into the public account of India or the public account of State, a
s
the case may be.
285. Exemption of property of the Union from State taxation.—(1)
The property of the Union shall, save in so far as Parliament may by law
otherwise provide, be exempt from all taxes imposed by a State or by any
authority within a State.
(2) Nothing in clause (1) shall, until Parliament by law otherwise
provides, prevent any authority within a State from levying any tax on any
property of the Union to which such property was immediately before the
commencement of this Constitution liable or treated as liable, so long as that
tax continues to be levied in that State.
141
THE CONSTITUTION OF INDIA
286. Restrictions as to imposition of tax on the sale or purchase of
goods.—(1) No law of a State shall impose, or authorise the imposition of, a
tax on the sale or purchase of goods where such sale or purchase takes place—
(a) outside the State; or
(b) in the course of the import of the goods into, or export of the
goods out of, the territory of India.
Explanation. For the purposes of sub-clause (a), a
sale or purchase shall be deemed to have taken place in the
State in which the goods have actually been delivered as a
direct result of such sale or purchase for the purpose of
consumption in that State, notwithstanding the fact that
under the general law relating to sale of goods the property
in the goods has by reason of such sale or purchase passed
in another State.
(2) Except in so far as Parliament may by law other-
wise provide, no law of a State shall impose, or authorise
the imposition of, a tax on the sale or purchase of any
goods where such sale or purchase takes place in the course
of inter-State trade or commerce :
Provided that the President may by order direct that
any tax on the sale or purchase of goods which was being
lawfully levied by the Government of any State
immediately before the commencement of this Constitution
shall, notwithstanding that the imposition of such tax is
contrary to 'the provisions of this clause, continue to be
levied until the thirtyfirst day of March, 1951.
(3) No law made by the Legislature of a State
imposing, or authorising the imposition of, a tax on the
Arts. 287-288 } FINANCE 245
sale or purchase of any such goods as have been declared
by Parliament by law to be essential for the life of the
community shall have effect unless it has been reserved
for the consideration of the President and has received his
assent.
287. Exemption from taxes on electricity.—Save in so far as
Parliament may by law otherwise provide, no law of a State shall impose, or
authorise the imposition of, a tax on the consumption or sale of electricity
(whether produced by a Government or other persons) which is—
(a) consumed by the Government of India, or sold to the
Government of India for consumption by that Government; or
(b) consumed in the construction, maintenance or operation of any
railway by the Government of India or a railway company operating that
railway, or sold to that Government or any such railway company for
consumption in the construction, maintenance or operation of any
railway,
and any such law imposing, or authorising the imposition of, a tax on the sale
of electricity shall secure that the price of electricity sold to the Government
of
India for consumption by that Government, or to any such railway company as
aforesaid for consumption in the construction, maintenance or operation of any
railway, shall be less by the amount of the tax than the price charged to other
consumers of a substantial quantity of electricity.
142
THE CONSTITUTION OF INDIA
288. Exemption from taxation by States in respect of water or
electricity in certain cases.—(1) Save in so far as the President may by order
otherwise provide, no law of a State in force immediately before the
commencement of this Constitution shall impose, or authorise the imposition
of, a tax in respect of any water or electricity stored, generated, consumed,
distributed or sold by any authority established by any existing law or any law
made by Parliament for regulating or developing any inter-State river or riverva
lley.
Explanation.—The expression “law of a State in forceâ€<C3A2> in this clause
shall include a law of a State passed or made before the commencement of this
Constitution and not previously repealed, notwithstanding that it or parts of it
may not be then in operation either at all or in particular areas.
(2) The Legislature of a State may by law impose, or authorise the
imposition of, any such tax as is mentioned in clause (1), but no such law shall
have any effect unless it has, after having been reserved for the consideration
of
the President, received his assent; and if any such law provides for the fixatio
n
of the rates and other incidents of such tax by means of rules or orders to be
made under the law by any authority, the law shall provide for the previous
consent of the President being obtained to the making of any such rule or order.
289. Exemption of property and income of a State from Union
taxation.—(1) The property and income of a State shall be exempt from Union
taxation.
(2) Nothing in clause (1) shall prevent the Union from imposing, or
authorising the imposition of, any tax to such extent, if any, as Parliament may
by law provide in respect of a trade or business of any kind carried on by, or o
n
behalf of, the Government of a State, or any operations connected therewith, or
any property used or occupied for the purposes of such trade or business, or any
income accruing or arising in connection therewith.
(3) Nothing in clause (2) shall apply to any trade or business, or to any
class of trade or business, which Parliament may by law declare to be incidental
to the ordinary functions of Government.
143
THE CONSTITUTION OF INDIA
290. Adjustment in respect of certain expenses and pensions.—
Where under the provisions of this Constitution the expenses of any court or
Commission, or the pension payable to or in respect of a person who has served
before the commencement of this Constitution under the Crown in India or
after such commencement in connection with the affairs of the Union or of a
State, are charged on the Consolidated Fund of India or the Consolidated Fund
of a State, then, if—
(a) in the case of a charge on the Consolidated Fund of India, the
court or Commission serves any of the separate needs of a State, or the
person has served wholly or in part in connection with the affairs of a
State; or
(b) in the case of a charge on the Consolidated Fund of a State, the
court or Commission serves any of the separate needs of the Union or
another State, or the person has served wholly or in part in connection
with the affairs of the Union or another State,
there shall be charged on and paid out of the Consolidated Fund of the State or,
as the case may be, the Consolidated Fund of India or the Consolidated Fund of
the other State, such contribution in respect of the expenses or pension as may
be agreed, or as may in default of agreement be determined by an arbitrator to
be appointed by the Chief Justice of India.
291- (1) Where under any covenant or agreement
entered into by the Ruler of any Indian
State before the commencement of this
Constitution, the payment of any sums,
free of tax, has been guaranteed or assured by the Govern-
ment of the Dominion of India to any Ruler of such State
as privy purse
(a) such sums shall be charged on, and paid out of,
the Consolidated Fund of India ; and
(b) the sums so paid to any Ruler shall be exempt
from all taxes on income.
(2) Where the territories of any such Indian State as
aforesaid are comprised within a State specified in Part A
or Part B of the First Schedule, there shall be charged on,
and paid put of, the Consolidated Fund of that State such
contribution, if any, in respect of the payments made by the
Government of India under clause (1) and for such period
as may, subject to any agreement entered into in that behalf
under clause (1) of article 278, be determined by order of
the President.
CHAPTER II.—BORROWING
292. Borrowing by the Government of India.—The executive power
of the Union extends to borrowing upon the security of the Consolidated Fund
of India within such limits, if any, as may from time to time be fixed by
Parliament by law and to the giving of guarantees within such limits, if any, as
may be so fixed.
293. Borrowing by States.—(1) Subject to the provisions of this article,
the executive power of a State extends to borrowing within the territory of Indi
a
upon the security of the Consolidated Fund of the State within such limits, if a
ny,
as may from time to time be fixed by the Legislature of such State by law and to
the giving of guarantees within such limits, if any, as may be so fixed.
144
THE CONSTITUTION OF INDIA
(2) The Government of India may, subject to such conditions as may be
laid down by or under any law made by Parliament, make loans to any State or,
so long as any limits fixed under article 292 are not exceeded, give guarantees
in respect of loans raised by any State, and any sums required for the purpose
of making such loans shall be charged on the Consolidated Fund of India.
(3) A State may not without the consent of the Government of India raise
any loan if there is still outstanding any part of a loan which has been made to
the State by the Government of India or by its predecessor Government, or in
respect of which a guarantee has been given by the Government of India or by
its predecessor Government.
(4) A consent under clause (3) may be granted subject to such
conditions, if any, as the Government of India may think fit to impose.
CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,
OBLIGATIONS AND SUITS
294. Succession to property, assets, rights, liabilities and obligations
in certain cases.—As from the commencement of this Constitution—
(a) all property and assets which immediately before such
commencement were vested in His Majesty for the purposes of the
Government of the Dominion of India and all property and assets which
immediately before such commencement were vested in His Majesty for
the purposes of the Government of each Governor’s Province shall vest
respectively in the Union and the corresponding State, and
(b) all rights, liabilities and obligations of the Government of the
Dominion of India and of the Government of each Governor's Province,
whether arising out of any contract or otherwise, shall be the rights,
liabilities and obligations respectively of the Government of India and
the Government of each corresponding State,
subject to any adjustment made or to be made by reason of the creation before
the commencement of this Constitution of the Dominion of Pakistan or of the
Provinces of West Bengal, East Bengal, West Punjab and East Punjab.
295. Succession to property, assets, rights, liabilities and obligations
in other cases.—(1) As from the commencement of this Constitution—
(a) all property and assets which immediately before such
commencement were vested in any Indian State corresponding to a State
specified in Part B of the First Schedule shall vest in the Union, if the
purposes for which such property and assets were held immediately
before such commencement will thereafter be purposes of the Union
relating to any of the matters enumerated in the Union List, and
145
THE CONSTITUTION OF INDIA
(b) all rights, liabilities and obligations of the Government of any
Indian State corresponding to a State specified in Part B of the First
Schedule, whether arising out of any contract or otherwise, shall be the
rights, liabilities and obligations of the Government of India, if the purposes
for which such rights were acquired or liabilities or obligations were incurred
before such commencement will thereafter be purposes of the Government
of India relating to any of the matters enumerated in the Union List,
subject to any agreement entered into in that behalf by the Government of India
with the Government of that State.
(2) Subject as aforesaid, the Government of each State specified in Part B
of the First Schedule shall, as from the commencement of this Constitution, be t
he
successor of the Government of the corresponding Indian State as regards all
property and assets and all rights, liabilities and obligations, whether arising
out
of any contract or otherwise, other than those referred to in clause (1).
296. Property accruing by escheat or lapse or as bona vacantia.—
Subject as hereinafter provided, any property in the territory of India which, i
f
this Constitution had not come into operation, would have accrued to His Majesty
or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or
as
bona vacantia for want of a rightful owner, shall, if it is property situate in
a
State, vest in such State, and shall, in any other case, vest in the Union:
Provided that any property which at the date when it would have so
accrued to His Majesty or to the Ruler of an Indian State was in the possession
or under the control of the Government of India or the Government of a State
shall, according as the purposes for which it was then used or held were
purposes of the Union or of a State, vest in the Union or in that State.
Explanation.—In this article, the expressions “Rulerâ€<C3A2> and “Indian Stateâ
€<EFBFBD>
have the same meanings as in article 363.
297. All lands, minerals and other things of value
underlying the ocean within the territorial
waters of India shall vest in the Union
and be held for the purposes of the Union.
298. (1) The executive power of the Union and of
each State shall extend, subject to any
law made by the appropriate Legislature,
to the grant, sale, disposition or mortgage
of any poroperty held for the purposes of the Union or of
such State, as the case may be, and to the purchase or
acquisition of property for those purposes respectively, and
to the making of contracts.
(2) All property acquired for the purposes of the
Union or of a State shall vest in the Union or in such State,
as the case may be.
Cf. S. 176 (1) and (2) of the Government of India Act, 1935.
299. Contracts.—(1) All contracts made in the exercise of the executive
power of the Union or of a State shall be expressed to be made by the
President, or by the Governor or the Rajpramukh of the State, as the case may be
, and all such
contracts and all assurances of property made in the exercise of that power shal
l
be executed on behalf of the President or the Governor by such persons and in
such manner as he may direct or authorise.
(2) Neither the President nor the Governor nor the Rajpramukh shall be personall
y liable in
respect of any contract or assurance made or executed for the purposes of this
Constitution, or for the purposes of any enactment relating to the Government
of India heretofore in force, nor shall any person making or executing any such
contract or assurance on behalf of any of them be personally liable in respect
thereof.
300. Suits and proceedings.—(1) The Government of India may sue or
be sued by the name of the Union of India and the Government of a State may
sue or be sued by the name of the State and may, subject to any provisions
which may be made by Act of Parliament or of the Legislature of such State
enacted by virtue of powers conferred by this Constitution, sue or be sued in
relation to their respective affairs in the like cases as the Dominion of India
and
the corresponding Provinces or the corresponding Indian States might have
sued or been sued if this Constitution had not been enacted.
147
THE CONSTITUTION OF INDIA
(2) If at the commencement of this Constitution—
(a) any legal proceedings are pending to which the Dominion of
India is a party, the Union of India shall be deemed to be substituted for
the Dominion in those proceedings; and
(b) any legal proceedings are pending to which a Province or an
Indian State is a party, the corresponding State shall be deemed to be
substituted for the Province or the Indian State in those proceedings.

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PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN THE
TERRITORY OF INDIA
301. Freedom of trade, commerce and intercourse.—Subject to the
other provisions of this Part, trade, commerce and intercourse throughout the
territory of India shall be free.
302. Power of Parliament to impose restrictions on trade, commerce
and intercourse.—Parliament may by law impose such restrictions on the
freedom of trade, commerce or intercourse between one State and another or
within any part of the territory of India as may be required in the public
interest.
303. Restrictions on the legislative powers of the Union and of the
States with regard to trade and commerce.—(1) Notwithstanding anything
in article 302, neither Parliament nor the Legislature of a State shall have pow
er
to make any law giving, or authorising the giving of, any preference to one
State over another, or making, or authorising the making of, any discrimination
between one State and another, by virtue of any entry relating to trade and
commerce in any of the Lists in the Seventh Schedule.
(2) Nothing in clause (1) shall prevent Parliament from making any law
giving, or authorising the giving of, any preference or making, or authorising
the making of, any discrimination if it is declared by such law that it is
necessary to do so for the purpose of dealing with a situation arising from
scarcity of goods in any part of the territory of India.
304. Restrictions on trade, commerce and intercourse among
States.—Notwithstanding anything in article 301 or article 303, the
Legislature of a State may by law—
(a) impose on goods imported from other States any tax to which similar goods ma
nufactured or produced in
that State are subject, so, however, as not to discriminate between goods
so imported and goods so manufactured or produced; and
(b) impose such reasonable restrictions on the freedom of trade,
commerce or intercourse with or within that State as may be required in
the public interest:
Provided that no Bill or amendment for the purposes of clause (b) shall
be introduced or moved in the Legislature of a State without the previous
sanction of the President.
148
149
THE CONSTITUTION OF INDIA
305. Effect of articles 301 and 303 on existing laws—
Nothing in articles 301 and 303 shall affect the
provisions of any existing law except in
so far as the President may by order
otherwise provide.
306. Power of certain States in Part B of the First Schedule to impose
restrictions on trade and commerce.-
Notwithstanding anything in the foregoing pro-
visions of this Part or in any other pro-
visions of this Constitution, any State
specified in Part B of the First Schedule
which before the commencement of this
Constitution was levying any tax or duty
on the import of goods into the State from other States
or on the export of goods from the State to other States
may, if an agreement in that behalf has been entered into
between the Government of India and the Government of
that State, continue to levy and collect such tax or duty
subject to the terms of such agreement and for such period
not exceeding ten years from the commencement of this
Constitution as may be specified in the agreement :
Provided that the President may at any time after the
expiration of five years from such commencement terminate
or modify any such agreement if, after consideration of
the report of the Finance Commission constituted under
article 280, he thinks it necessary to do so.
307. Appointment of authority for carrying out the purposes of
articles 301 to 304.—Parliament may by law appoint such authority as it
considers appropriate for carrying out the purposes of articles 301, 302, 303
and 304, and confer on the authority so appointed such powers and such duties
as it thinks necessary.

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PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I.— SERVICES
308. Interpretation.—In this Part, unless the context otherwise requires,
the expression “State” means a State specified in Part A or Part B of the Fi
rst Schedule.
309. Recruitment and conditions of service of persons serving the
Union or a State.—Subject to the provisions of this Constitution, Acts of the
appropriate Legislature may regulate the recruitment, and conditions of service
of persons appointed, to public services and posts in connection with the affair
s
of the Union or of any State:
Provided that it shall be competent for the President or such person as he
may direct in the case of services and posts in connection with the affairs of t
he
Union, and for the Governor or Rajpramukh of a State or such person as he may di
rect in the
case of services and posts in connection with the affairs of the State, to make
rules regulating the recruitment, and the conditions of service of persons
appointed, to such services and posts until provision in that behalf is made by
or under an Act of the appropriate Legislature under this article, and any rules
so made shall have effect subject to the provisions of any such Act.
310. Tenure of office of persons serving the Union or a State.—(1)
Except as expressly provided by this Constitution, every person who is a
member of a defence service or of a civil service of the Union or of an allIndia
service or holds any post connected with defence or any civil post under
the Union holds office during the pleasure of the President, and every person
who is a member of a civil service of a State or holds any civil post under a
State holds office during the pleasure of the Governor of the State or, as the c
ase may be, the Rajpramukh.
(2) Notwithstanding that a person holding a civil post under the Union or
a State holds office during the pleasure of the President or, as the case may be
,
of the Governor or Rajpramukh of the State, any contract under which a person, n
ot being a
member of a defence service or of an all-India service or of a civil service of
the Union or a State, is appointed under this Constitution to hold such a post
may, if the President or the Governor or the Rajpramukh, as the case may be, dee
ms it necessary in
order to secure the services of a person having special qualifications, provide
for the payment to him of compensation, if before the expiration of an agreed
period that post is abolished or he is, for reasons not connected with any
misconduct on his part, required to vacate that post.
150
151
THE CONSTITUTION OF INDIA
311. Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State.—(1) No person who is a member
of a civil service of the Union or an all-India service or a civil service of a
State or holds a civil post under the Union or a State shall be dismissed or
removed by an authority subordinate to that by which he was appointed.
(2) No such person as aforesaid shall be dismissed or
removed or reduced in rank until he has been given a reason-
able opportunity of showing cause against the action proposed
to be taken in regard to him :-
Provided that this clause shall not apply
(a) where a person is dismissed or removed or re
duced in rank on the ground of conduct which
has led to his conviction on a criminal charge ;
(b) where an authority empowered to dismiss or
remove a person or to reduce him in rank is
satisfied that for some reason, to be recorded
by that authority in writing, it is not reason-
ably practicable to give to that person an
opportunity of showing cause ; or
(c) where the President or Governor or Rajpra-
mukh, as the case may be, is satisfied that in
the interest of the security of the State it is
not expedient to give to that person such an
opportunity.
(3) If any question arises whether it is reasonably
practicable to give to any person an opportunity of showing
cause under clause (2), the decision thereon of the authority
empowered to dismiss or remove such person or to reduce
him in rank, as the case may be, shall be final.
312. All-India services.—(1) Notwithstanding anything in Part XI, if the Counc
il of States has declared by resolution
supported by not less than two-thirds of the members present and voting that it
is necessary or expedient in the national interest so to do, Parliament may by
law provide for the creation of one or more all India services common to the Uni
on and the States, and, subject to the
other provisions of this Chapter, regulate the recruitment, and the conditions o
f
service of persons appointed, to any such service.
152
THE CONSTITUTION OF INDIA
(2) The services known at the commencement of this Constitution as the
Indian Administrative Service and the Indian Police Service shall be deemed to
be services created by Parliament under this article.
313. Transitional provisions.—Until other provision is made in this
behalf under this Constitution, all the laws in force immediately before the
commencement of this Constitution and applicable to any public service or any
post which continues to exist after the commencement of this Constitution, as
an all-India service or as service or post under the Union or a State shall
continue in force so far as consistent with the provisions of this Constitution.
314. Except as otherwise expressly provided by this
Constitution every person who having been appointed by the Secretary of State
or Secretary of State in Council to a civil
service of the Crown in India continues on and after the
commencement of this Constitution to serve under the Gov-
ernment of India or of a State shall be entitled to receive
from the Government of India and the Government of the
State, which he is from time to time serving, the same con-
ditions of service as respects remuneration, leave and pension,
and the same rights as respects disciplinary matters or rights
as similar thereto as changed circumstances may permit as
that person was entitled to immediately before such com-
mencement.
CHAPTER II.— PUBLIC SERVICE COMMISSIONS
315. Public Service Commissions for the Union and for the States.—
(1) Subject to the provisions of this article, there shall be a Public Service
Commission for the Union and a Public Service Commission for each State.
(2) Two or more States may agree that there shall be one Public Service
Commission for that group of States, and if a resolution to that effect is passe
d
by the House or, where there are two Houses, by each House of the Legislature
of each of those States, Parliament may by law provide for the appointment of a
Joint State Public Service Commission (referred to in this Chapter as Joint
Commission) to serve the needs of those States.
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THE CONSTITUTION OF INDIA
(3) Any such law as aforesaid may contain such incidental and
consequential provisions as may be necessary or desirable for giving effect to
the purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do
by the Governor or Rajpramukh of a State, may, with the approval of the Presiden
t, agree to
serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service
Commission or a State Public Service Commission shall, unless the context
otherwise requires, be construed as references to the Commission serving the
needs of the Union or, as the case may be, the State as respects the particular
matter in question.
316. Appointment and term of office of members.—(1) The Chairman
and other members of a Public Service Commission shall be appointed, in the
case of the Union Commission or a Joint Commission, by the President, and in
the case of a State Commission, by the Governor or Rajpramukh of the State:
Provided that as nearly as may be one-half of the members of every
Public Service Commission shall be persons who at the dates of their respective
appointments have held office for at least ten years either under the
Government of India or under the Government of a State, and in computing the
said period of ten years any period before the commencement of this
Constitution during which a person has held office under the Crown in India or
under the Government of an Indian State shall be included.
(2) A member of a Public Service Commission shall hold office for a
term of six years from the date on which he enters upon his office or until he
attains, in the case of the Union Commission, the age of sixty-five years, and i
n
the case of a State Commission or a Joint Commission, the age of sixty
years, whichever is earlier:
Provided that—
(a) a member of a Public Service Commission may, by writing under
his hand addressed, in the case of the Union Commission or a Joint
Commission, to the President, and in the case of a State Commission, to
the Governor or Rajpramukh of the State, resign his office;
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THE CONSTITUTION OF INDIA
(b) a member of a Public Service Commission may be removed from
his office in the manner provided in clause (1) or clause (3) of
article 317.
(3) A person who holds office as a member of a Public Service
Commission shall, on the expiration of his term of office, be ineligible for rea
ppointment to that office.
317. Removal and suspension of a member of a Public Service
Commission.—(1) Subject to the provisions of clause (3), the Chairman or
any other member of a Public Service Commission shall only be removed from
his office by order of the President on the ground of misbehaviour after the
Supreme Court, on reference being made to it by the President, has, on inquiry
held in accordance with the procedure prescribed in that behalf under article
145, reported that the Chairman or such other member, as the case may be,
ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a Joint
Commission, and the Governor or Rajpramukh in the case of a State Commission, ma
y
suspend from office the Chairman or any other member of the Commission in
respect of whom a reference has been made to the Supreme Court under clause
(1) until the President has passed orders on receipt of the report of the Suprem
e
Court on such reference.
(3) Notwithstanding anything in clause (1), the President may by order
remove from office the Chairman or any other member of a Public Service
Commission if the Chairman or such other member, as the case may be,—
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside
the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by
reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service
Commission is or becomes in any way concerned or interested in any contract
or agreement made by or on behalf of the Government of India or the
Government of a State or participates in any way in the profit thereof or in any
benefit or emolument arising therefrom otherwise than as a member and in
common with the other members of an incorporated company, he shall, for the
purposes of clause (1), be deemed to be guilty of misbehaviour.
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THE CONSTITUTION OF INDIA
318. Power to make regulations as to conditions of service of
members and staff of the Commission.—In the case of the Union
Commission or a Joint Commission, the President and, in the case of a State
Commission, the Governor or Rajpramukh of the State may by regulations—
(a) determine the number of members of the Commission and their
conditions of service; and
(b) make provision with respect to the number of members of the
staff of the Commission and their conditions of service:
Provided that the conditions of service of a member of a Public Service
Commission shall not be varied to his disadvantage after his appointment.
319. Prohibition as to the holding of offices by members of
Commission on ceasing to be such members.—On ceasing to hold office—
(a) the Chairman of the Union Public Service Commission shall be
ineligible for further employment either under the Government of India
or under the Government of a State;
(b) the Chairman of a State Public Service Commission shall be
eligible for appointment as the Chairman or any other member of the
Union Public Service Commission or as the Chairman of any other State
Public Service Commission, but not for any other employment either
under the Government of India or under the Government of a State;
(c) a member other than the Chairman of the Union Public Service
Commission shall be eligible for appointment as the Chairman of the
Union Public Service Commission or as the Chairman of a State Public
Service Commission, but not for any other employment either under the
Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service
Commission shall be eligible for appointment as the Chairman or any
other member of the Union Public Service Commission or as the
Chairman of that or any other State Public Service Commission, but not
for any other employment either under the Government of India or under
the Government of a State.
320. Functions of Public Service Commissions.—(1) It shall be the
duty of the Union and the State Public Service Commissions to conduct
examinations for appointments to the services of the Union and the services of
the State respectively.
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THE CONSTITUTION OF INDIA
(2) It shall also be the duty of the Union Public Service Commission, if
requested by any two or more States so to do, to assist those States in framing
and operating schemes of joint recruitment for any services for which
candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service
Commission, as the case may be, shall be consulted—
(a) on all matters relating to methods of recruitment to civil
services and for civil posts;
(b) on the principles to be followed in making appointments to
civil services and posts and in making promotions and transfers from one
service to another and on the suitability of candidates for such
appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or
has served under the Government of India or the Government of a State
or under the Crown in India or under the Government of an Indian State,
in a civil capacity, that any costs incurred by him in defending legal
proceedings instituted against him in respect of acts done or purporting
to be done in the execution of his duty should be paid out of the
Consolidated Fund of India, or, as the case may be, out of the
Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries
sustained by a person while serving under the Government of India or
the Government of a State or under the Crown in India or under the
Government of an Indian State, in a civil capacity, and any question as to
the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on any matter
so referred to them and on any other matter which the President, or, as the case
may be, the Governor or Rajpramukh of the State, may refer to them:
Provided that the President as respects the all-India services and also as
respects other services and posts in connection with the affairs of the Union,
and the Governor or Rajpramukh, as the case may be,
as respects other services and posts in connection with the
affairs of a State, may make regulations specifying the matters in which either
generally, or in any particular class of case or in any particular circumstances
, it
shall not be necessary for a Public Service Commission to be consulted.
158
THE CONSTITUTION OF INDIA
(4) Nothing in clause (3) shall require a Public Service Commission to
be consulted as respects the manner in which any provision referred to in clause
(4) of article 16 may be made or as respects the manner in which effect may be
given to the provisions of article 335.
(5) All regulations made under the proviso to clause (3) by the President
or the Governor or Rajpramukh of a State shall be laid for not less than fourtee
n days before
each House of Parliament or the House or each House of the Legislature of the
State, as the case may be, as soon as possible after they are made, and shall be
subject to such modifications, whether by way of repeal or amendment, as both
Houses of Parliament or the House or both Houses of the Legislature of the
State may make during the session in which they are so laid.
321. Power to extend functions of Public Service Commissions.—An
Act made by Parliament or, as the case may be, the Legislature of a State may
provide for the exercise of additional functions by the Union Public Service
Commission or the State Public Service Commission as respects the services of
the Union or the State and also as respects the services of any local authority
or
other body corporate constituted by law or of any public institution.
322. Expenses of Public Service Commissions.—The expenses of the
Union or a State Public Service Commission, including any salaries,
allowances and pensions payable to or in respect of the members or staff of the
Commission, shall be charged on the Consolidated Fund of India or, as the case
may be, the Consolidated Fund of the State.
323. Reports of Public Service Commissions.—(1) It shall be the duty
of the Union Commission to present annually to the President a report as to the
work done by the Commission and on receipt of such report the President shall
cause a copy thereof together with a memorandum explaining, as respects the
cases, if any, where the advice of the Commission was not accepted, the
reasons for such non-acceptance to be laid before each House of Parliament.
(2) It shall be the duty of a State Commission to present annually to the
Governor of the State a report as to the work done by the Commission, and it
shall be the duty of a Joint Commission to present annually to the Governor of
each of the States the needs of which are served by the Joint Commission a
report as to the work done by the Commission in relation to that State, and in
either case the Governor, shall, on receipt of such report, cause a copy thereof
together with a memorandum explaining, as respects the cases, if any, where
the advice of the Commission was not accepted, the reasons for such nonacceptanc
e to be laid before the Legislature of the State.

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PART XV
ELECTIONS
324. Superintendence, direction and control of elections to be vested
in an Election Commission.—(1) The superintendence, direction and control
of the preparation of the electoral rolls for, and the conduct of, all elections
to
Parliament and to the Legislature of every State and of elections to the offices
of President and Vice-President held under this Constitution, including
the appointment of election tribunals for the decision of
doubts and disputes arising out of or in connection with
elections to Parliament and to the Legislatures of States shall be vested in a
Commission (referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election
Commissioner and such number of other Election Commissioners, if any, as the
President may from time to time fix and the appointment of the Chief Election
Commissioner and other Election Commissioners shall, subject to the provisions
of any law made in that behalf by Parliament, be made by the President.
(3) When any other Election Commissioner is so appointed the Chief
Election Commissioner shall act as the Chairman of the Election Commission.
(4) Before each general election to the House of the People and to the
Legislative Assembly of each State, and before the first general election and
thereafter before each biennial election to the Legislative Council of each Stat
e
having such Council, the President may also appoint after consultation with the
Election Commission such Regional Commissioners as he may consider
necessary to assist the Election Commission in the performance of the
functions conferred on the Commission by clause (1).
(5) Subject to the provisions of any law made by Parliament, the conditions
of service and tenure of office of the Election Commissioners and the Regional
Commissioners shall be such as the President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed
from his office except in like manner and on the like grounds as a Judge of the
Supreme Court and the conditions of service of the Chief Election
Commissioner shall not be varied to his disadvantage after his appointment:
Provided further that any other Election Commissioner or a Regional
Commissioner shall not be removed from office except on the recommendation
of the Chief Election Commissioner.
(6) The President, or the Governor or Rajpramukh of a State, shall, when so requ
ested
by the Election Commission, make available to the Election Commission or to
a Regional Commissioner such staff as may be necessary for the discharge of
the functions conferred on the Election Commission by clause (1).
162
163
THE CONSTITUTION OF INDIA
325. No person to be ineligible for inclusion in, or to claim to be
included in a special, electoral roll on grounds of religion, race, caste or
sex.— There shall be one general electoral roll for every territorial constitu
ency
for election to either House of Parliament or to the House or either House of th
e
Legislature of a State and no person shall be ineligible for inclusion in any su
ch
roll or claim to be included in any special electoral roll for any such
constituency on grounds only of religion, race, caste, sex or any of them.
326. Elections to the House of the People and to the Legislative
Assemblies of States to be on the basis of adult suffrage.— The elections to
the House of the People and to the Legislative Assembly of every State shall be
on the basis of adult suffrage; that is to say, every person who is a citizen of
India and who is not less than twenty-one years of age on such date as may be
fixed in that behalf by or under any law made by the appropriate Legislature
and is not otherwise disqualified under this Constitution or any law made by
the appropriate Legislature on the ground of non-residence, unsoundness of
mind, crime or corrupt or illegal practice, shall be entitled to be registered a
s a
voter at any such election.
327. Power of Parliament to make provision with respect to elections
to Legislatures.—Subject to the provisions of this Constitution, Parliament
may from time to time by law make provision with respect to all matters
relating to, or in connection with, elections to either House of Parliament or t
o
the House or either House of the Legislature of a State including the
preparation of electoral rolls, the delimitation of constituencies and all other
matters necessary for securing the due constitution of such House or Houses.
328. Power of Legislature of a State to make provision with respect
to elections to such Legislature.—Subject to the provisions of this
Constitution and in so far as provision in that behalf is not made by Parliament
,
the Legislature of a State may from time to time by law make provision with
respect to all matters relating to, or in connection with, the elections to the
House or either House of the Legislature of the State including the preparation
of electoral rolls and all other matters necessary for securing the due
constitution of such House or Houses.
164
THE CONSTITUTION OF INDIA
329. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution—
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made or
purporting to be made under article 327 or article 328, shall not be called
in question in any court;
(b) no election to either House of Parliament or to the House or
either House of the Legislature of a State shall be called in question
except by an election petition presented to such authority and in such
manner as may be provided for by or under any law made by the
appropriate Legislature.

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PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes
in the House of the People.—(1) Seats shall be reserved in the House of the
People for —
(a) the Scheduled Castes;
(b) the Scheduled Tribes except the Scheduled Tribes in the tribal areas of Assa
m, and";
(c) the Scheduled Tribes in the autonomous districts of Assam.
(2) The number of seats reserved in any State for the
Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly
as may be, the same proportion to the total number of seats allotted to that Sta
te
in the House of the People as the population of the Scheduled
Castes in the State or of the Scheduled Tribes in the State or part of the State
, as the case may be, in
respect of which seats are so reserved, bears to the total population of the Sta
te.
331. Representation of the Anglo-Indian Community in the House of
the People.— Notwithstanding anything in article 81, the President may, if he
is of opinion that the Anglo-Indian community is not adequately represented in
the House of the People, nominate not more than two members of that
community to the House of the People.
165
166
THE CONSTITUTION OF INDIA
332. Reservation of seats for Scheduled Castes and Scheduled Tribes
in the Legislative Assemblies of the States.—(1) Seats shall be reserved for
the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes
in the tribal areas of Assam, in the Legislative Assembly of every State specifi
ed in Part A or Part B of the First Schedule.
(2) Seats shall be reserved also for the autonomous districts in the
Legislative Assembly of the State of Assam.
(3) The number of seats reserved for the Scheduled Castes or the
Scheduled Tribes in the Legislative Assembly of any State under clause (1)
shall bear, as nearly as may be, the same proportion to the total number of seat
s
in the Assembly as the population of the Scheduled Castes in the State or of the
Scheduled Tribes in the State or part of the State, as the case may be, in respe
ct
of which seats are so reserved, bears to the total population of the State.
167
THE CONSTITUTION OF INDIA
(4) The number of seats reserved for an autonomous district in the
Legislative Assembly of the State of Assam shall bear to the total number of
seats in that Assembly a proportion not less than the population of the district
bears to the total population of the State.
(5) The constituencies for the seats reserved for any autonomous district
of Assam shall not comprise any area outside that district.
(6) No person who is not a member of a Scheduled Tribe of any
autonomous district of the State of Assam shall be eligible for election to the
Legislative Assembly of the State from any constituency of that district:
333. Representation of the Anglo-Indian community in the
Legislative Assemblies of the States.— Notwithstanding anything in article
170, the Governor or Rajpramukh of a State may, if he is of opinion that the Ang
lo-Indian
community needs representation in the Legislative Assembly of the State and is
not adequately represented therein, nominate such number of members of that comm
unity to
the Assembly as he considers appropriate.
334. Reservation of seats and special representation to cease after
ten years.—Notwithstanding anything in the foregoing provisions of this
Part, the provisions of this Constitution relating to—
(a) the reservation of seats for the Scheduled Castes and the
Scheduled Tribes in the House of the People and in the Legislative
Assemblies of the States; and
(b) the representation of the Anglo-Indian community in the
House of the People and in the Legislative Assemblies of the States by
nomination,
shall cease to have effect on the expiration of a period of seventy years from
the commencement of this Constitution:
Provided that nothing in this article shall affect any representation in the
House of the People or in the Legislative Assembly of a State until the
dissolution of the then existing House or Assembly, as the case may be.
335. Claims of Scheduled Castes and Scheduled Tribes to services
and posts.—The claims of the members of the Scheduled Castes and the
Scheduled Tribes shall be taken into consideration, consistently with the
maintenance of efficiency of administration, in the making of appointments to
services and posts in connection with the affairs of the Union or of a State:
168
THE CONSTITUTION OF INDIA
336. Special provision for Anglo-Indian community in certain
services.— (1) During the first two years after the commencement of this
Constitution, appointments of members of the Anglo-Indian community to posts
in the railway, customs, postal and telegraph services of the Union shall be mad
e
on the same basis as immediately before the fifteenth day of August, 1947.
During every succeeding period of two years, the number of posts
reserved for the members of the said community in the said services shall, as
nearly as possible, be less by ten per cent. than the numbers so reserved during
the immediately preceding period of two years:
Provided that at the end of ten years from the commencement of this
Constitution all such reservations shall cease.
(2) Nothing in clause (1) shall bar the appointment of members of the
Anglo-Indian community to posts other than, or in addition to, those reserved
for the community under that clause if such members are found qualified for
appointment on merit as compared with the members of other communities.
337. Special provision with respect to educational grants for the
benefit of Anglo-Indian community.—During the first three financial years
after the commencement of this Constitution, the same grants, if any, shall be
made by the Union and by each State specified in Part A or Part B of the First S
chedule
for the benefit of the Anglo-Indian
community in respect of education as were made in the financial year ending
on the thirty-first day of March, 1948.
During every succeeding period of three years the grants may be less by
ten per cent. than those for the immediately preceding period of three years:
Provided that at the end of ten years from the commencement of this
Constitution such grants, to the extent to which they are a special concession t
o
the Anglo-Indian community, shall cease:
Provided further that no educational institution shall be entitled to
receive any grant under this article unless at least forty per cent. of the annu
al
admissions therein are made available to members of communities other than
the Anglo-Indian community.
169
THE CONSTITUTION OF INDIA
338. Special Officer for Scheduled Castes, Scheduled Tribes etc
(1) There shall be a Special Officer for the Scheduled Castes and Scheduled Trib
es to be appointed by the President
(2) It shall be the duty of the Special Officer to investigate all matters relat
ing to the safeguards provided for the Scheduled Castes and Scheduled Tribes und
er this Constitution and report to the President upon the working of those safeg
uards at such intervals as the President may direct, and the President shall cau
se all such reports to be laid before each House of Parliament
(3) In this article references to the Scheduled Castes and Scheduled Tribes shal
l be construed as including references to such other backward classes as the Pre
sident may, on receipt of the report of a Commission appointed under clause ( 1
) of Article 340, by order specify and also to the Anglo Indian community
171
THE CONSTITUTION OF INDIA
172
THE CONSTITUTION OF INDIA
339. Control of the Union over the administration of Scheduled
Areas and the welfare of Scheduled Tribes.—(1) The President may at any
time and shall, at the expiration of ten years from the commencement of this
Constitution by order appoint a Commission to report on the administration of
the Scheduled Areas and the welfare of the Scheduled Tribes in the States specif
ied in Part A or Part B of the First Schedule.
The order may define the composition, powers and procedure of the
Commission and may contain such incidental or ancillary provisions as the
President may consider necessary or desirable.
(2) The executive power of the Union shall extend to the giving of
directions to any such State as to the drawing up and execution of schemes speci
fied in
the direction to be essential for the welfare of the Scheduled Tribes in the Sta
te.
340. Appointment of a Commission to investigate the conditions of
backward classes.—(1) The President may by order appoint a Commission
consisting of such persons as he thinks fit to investigate the conditions of
socially and educationally backward classes within the territory of India and th
e
difficulties under which they labour and to make recommendations as to the
steps that should be taken by the Union or any State to remove such difficulties
and to improve their condition and as to the grants that should be made for the
purpose by the Union or any State and the conditions subject to which such
grants should be made, and the order appointing such Commission shall define
the procedure to be followed by the Commission.
173
THE CONSTITUTION OF INDIA
(2) A Commission so appointed shall investigate the matters referred to
them and present to the President a report setting out the facts as found by the
m
and making such recommendations as they think proper.
(3) The President shall cause a copy of the report so presented together
with a memorandum explaining the action taken thereon to be laid before each
House of Parliament.
341. Scheduled Castes.—(1) The President may, after consultation with the Gove
rnor
or Rajpramukh of a State, by public notification, specify the castes, races or t
ribes or
parts of or groups within castes, races or tribes which shall for the purposes o
f
this Constitution be deemed to be Scheduled Castes in relation to that State.
(2) Parliament may by law include in or exclude from the list of
Scheduled Castes specified in a notification issued under clause (1) any caste,
race or tribe or part of or group within any caste, race or tribe, but save as
aforesaid a notification issued under the said clause shall not be varied by any
subsequent notification.
342. Scheduled Tribes.—(1) The President may, after consultation with the Gove
rnor
or Rajpramukh of a State, by public notification, specify the tribes or tribal
communities or parts of or groups within tribes or tribal communities which
shall for the purposes of this Constitution be deemed to be Scheduled Tribes in
relation to that State.
(2) Parliament may by law include in or exclude from the list of
Scheduled Tribes specified in a notification issued under clause (1) any tribe o
r
tribal community or part of or group within any tribe or tribal community, but
save as aforesaid a notification issued under the said clause shall not be varie
d
by any subsequent notification.

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PART XVII
OFFICIAL LANGUAGE
CHAPTER I.—LANGUAGE OF THE UNION
343. Official language of the Union.—(1) The official language of the
Union shall be Hindi in Devanagari script.
The form of numerals to be used for the official purposes of the Union
shall be the international form of Indian numerals.
(2) Notwithstanding anything in clause (1), for a period of fifteen years
from the commencement of this Constitution, the English language shall
continue to be used for all the official purposes of the Union for which it was
being used immediately before such commencement:
Provided that the President may, during the said period, by order
authorise the use of the Hindi language in addition to the English language and
of the Devanagari form of numerals in addition to the international form of
Indian numerals for any of the official purposes of the Union.
(3) Notwithstanding anything in this article, Parliament may by law
provide for the use, after the said period of fifteen years, of—
(a) the English language, or
(b) the Devanagari form of numerals,
for such purposes as may be specified in the law.
344. Commission and Committee of Parliament on official
language.—(1) The President shall, at the expiration of five years from the
commencement of this Constitution and thereafter at the expiration of ten years
from such commencement, by order constitute a Commission which shall
consist of a Chairman and such other members representing the different
languages specified in the Eighth Schedule as the President may appoint, and
the order shall define the procedure to be followed by the Commission.
(2) It shall be the duty of the Commission to make recommendations to
the President as to—
(a) the progressive use of the Hindi language for the official
purposes of the Union;
(b) restrictions on the use of the English language for all or any of
the official purposes of the Union;
(c) the language to be used for all or any of the purposes
mentioned in article 348;
174
175
THE CONSTITUTION OF INDIA
(d) the form of numerals to be used for any one or more specified
purposes of the Union;
(e) any other matter referred to the Commission by the President
as regards the official language of the Union and the language for
communication between the Union and a State or between one State and
another and their use.
(3) In making their recommendations under clause (2), the Commission
shall have due regard to the industrial, cultural and scientific advancement of
India, and the just claims and the interests of persons belonging to the nonHind
i speaking areas in regard to the public services.
(4) There shall be constituted a Committee consisting of thirty members,
of whom twenty shall be members of the House of the People and ten shall be
members of the Council of States to be elected respectively by the members of
the House of the People and the members of the Council of States in
accordance with the system of proportional representation by means of the
single transferable vote.
(5) It shall be the duty of the Committee to examine the
recommendations of the Commission constituted under clause (1) and to report
to the President their opinion thereon.
(6) Notwithstanding anything in article 343, the President may, after
consideration of the report referred to in clause (5), issue directions in
accordance with the whole or any part of that report.
CHAPTER II.—REGIONAL LANGUAGES
345. Official language or languages of a State.—Subject to the
provisions of articles 346 and 347, the Legislature of a State may by law adopt
any one or more of the languages in use in the State or Hindi as the language or
languages to be used for all or any of the official purposes of that State:
Provided that, until the Legislature of the State otherwise provides by
law, the English language shall continue to be used for those official purposes
within the State for which it was being used immediately before the
commencement of this Constitution.
346. Official language for communication between one State and
another or between a State and the Union.—The language for the time being
authorised for use in the Union for official purposes shall be the official
language for communication between one State and another State and between
a State and the Union:
176
THE CONSTITUTION OF INDIA
Provided that if two or more States agree that the Hindi language should
be the official language for communication between such States, that language
may be used for such communication.
347. Special provision relating to language spoken by a section of the
population of a State.—On a demand being made in that behalf the President
may, if he is satisfied that a substantial proportion of the population of a Sta
te
desire the use of any language spoken by them to be recognised by that State,
direct that such language shall also be officially recognised throughout that
State or any part thereof for such purpose as he may specify.
CHAPTER III.—LANGUAGE OF THE SUPREME COURT,
HIGH COURTS, ETC.
348. Language to be used in the Supreme Court and in the High
Courts and for Acts, Bills, etc.—(1) Notwithstanding anything in the
foregoing provisions of this Part, until Parliament by law otherwise provides—
(a) all proceedings in the Supreme Court and in every High Court,
(b) the authoritative texts—
(i) of all Bills to be introduced or amendments thereto to be
moved in either House of Parliament or in the House or either
House of the Legislature of a State,
(ii) of all Acts passed by Parliament or the Legislature of a
State and of all Ordinances promulgated by the President or the
Governor of a State, and
(iii) of all orders, rules, regulations and bye-laws issued
under this Constitution or under any law made by Parliament or
the Legislature of a State,
shall be in the English language.
(2) Notwithstanding anything in sub-clause (a) of clause (1), the
Governor of a State may, with the previous consent of the President, authorise
the use of the Hindi language, or any other language used for any official
purposes of the State, in proceedings in the High Court having its principal sea
t
in that State:
Provided that nothing in this clause shall apply to any judgment, decree
or order passed or made by such High Court.
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(3) Notwithstanding anything in sub-clause (b) of clause (1), where the
Legislature of a State has prescribed any language other than the English
language for use in Bills introduced in, or Acts passed by, the Legislature of t
he
State or in Ordinances promulgated by the Governor of the State or in any order,
rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a
translation of the same in the English language published under the authority of
the Governor or Rajpramukh of the State in the Official Gazette of that State sh
all be deemed to
be the authoritative text thereof in the English language under this article.
349. Special procedure for enactment of certain laws relating to
language.—During the period of fifteen years from the commencement of this
Constitution, no Bill or amendment making provision for the language to be
used for any of the purposes mentioned in clause (1) of article 348 shall be
introduced or moved in either House of Parliament without the previous
sanction of the President, and the President shall not give his sanction to the
introduction of any such Bill or the moving of any such amendment except
after he has taken into consideration the recommendations of the Commission
constituted under clause (1) of article 344 and the report of the Committee
constituted under clause (4) of that article.
CHAPTER IV.—SPECIAL DIRECTIVES
350. Language to be used in representations for redress of
grievances.—Every person shall be entitled to submit a representation for the
redress of any grievance to any officer or authority of the Union or a State in
any of the languages used in the Union or in the State, as the case may be.
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351. Directive for development of the Hindi language.—It shall be the
duty of the Union to promote the spread of the Hindi language, to develop it so
that it may serve as a medium of expression for all the elements of the
composite culture of India and to secure its enrichment by assimilating without
interfering with its genius, the forms, style and expressions used in Hindustani
and in the other languages of India specified in the Eighth Schedule, and by
drawing, wherever necessary or desirable, for its vocabulary, primarily on
Sanskrit and secondarily on other languages.

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PART XVIII
EMERGENCY PROVISIONS
352. Proclamation of Emergency.—(1) If the President is satisfied that
a grave emergency exists whereby the security of India or of any part of the
territory thereof is threatened, whether by war or external aggression or intern
al disturbance,
he may, by Proclamation, make a declaration to that effect.
(2) A Proclamation issued under clause (1)
(a) may be revoked by a subsequent Proclamation ;
(b) shall be laid before each House of Parliament ;
(c) shall cease to operate at the expiration of two
months unless before the expiration of that
period it has been approved by resolutions of
both Houses of Parliament :
Provided that if any such Proclamation is issued at a
time when the House of the People has been dissolved or
the dissolution of the House of the People takes place during
the period of two months referred in to sub-clause (c), and if
a resolution approving the Proclamation has been passed by
the Council of States, but no resolution with respect to such
Proclamation has been passed by the House of the People
before the expiration of that period, the Proclamation shall
cease to operate at the expiration of thirty days from the
date on which the House of the People first sits after its
reconstitution unless before the expiration of the said period
of thirty days a resolution approving the Proclamation has
been also passed by the House of the People.
(3) A proclamation of Emergency declaring that the
security of India or any part of the territory thereof is
threatened by war or by external aggression or by internal
disturbance may be made before the actual occurrence of
war or of any such aggression or disturbance if the President
is satisfied that there is imminent danger thereof.
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353. Effect of Proclamation of Emergency.—While a Proclamation
of Emergency is in operation, then—
(a) notwithstanding anything in this Constitution, the executive
power of the Union shall extend to the giving of directions to any State
as to the manner in which the executive power thereof is to be
exercised;
(b) the power of Parliament to make laws with respect to any
matter shall include power to make laws conferring powers and
imposing duties, or authorising the conferring of powers and the
imposition of duties, upon the Union or officers and authorities of the
Union as respects that matter, notwithstanding that it is one which is not
enumerated in the Union List:
354. Application of provisions relating to distribution of revenues
while a Proclamation of Emergency is in operation.—(1) The President
may, while a Proclamation of Emergency is in operation, by order direct that
all or any of the provisions of articles 268 to 279 shall for such period, not
extending in any case beyond the expiration of the financial year in which such
Proclamation ceases to operate, as may be specified in the order, have effect
subject to such exceptions or modifications as he thinks fit.
182
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(2) Every order made under clause (1) shall, as soon as may be after it is
made, be laid before each House of Parliament.
355. Duty of the Union to protect States against external aggression
and internal disturbance.—It shall be the duty of the Union to protect every
State against external aggression and internal disturbance and to ensure that th
e
Government of every State is carried on in accordance with the provisions of
this Constitution.
356. Provisions in case of failure of constitutional machinery in
States.—(1) If the President, on receipt of a report from the Governor or Rajp
ramukh of a State
or otherwise, is satisfied that a situation has arisen in which the Government o
f
the State cannot be carried on in accordance with the provisions of this
Constitution, the President may by Proclamation—
(a) assume to himself all or any of the functions of the
Government of the State and all or any of the powers vested in or
exercisable by the Governor or Rajpramukh, as the case may be, or any body or au
thority in the State other
than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be
exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear
to the President to be necessary or desirable for giving effect to the
objects of the Proclamation, including provisions for suspending in
whole or in part the operation of any provisions of this Constitution
relating to any body or authority in the State:
Provided that nothing in this clause shall authorise the President to
assume to himself any of the powers vested in or exercisable by a High Court,
or to suspend in whole or in part the operation of any provision of this
Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent
Proclamation.
(3) Every Proclamation under this article shall be laid before each House
of Parliament and shall, except where it is a Proclamation revoking a previous
Proclamation, cease to operate at the expiration of two months unless before
the expiration of that period it has been approved by resolutions of both Houses
of Parliament:
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THE CONSTITUTION OF INDIA
Provided that if any such Proclamation (not being a Proclamation
revoking a previous Proclamation) is issued at a time when the House of the
People is dissolved or the dissolution of the House of the People takes place
during the period of two months referred to in this clause, and if a resolution
approving the Proclamation has been passed by the Council of States, but no
resolution with respect to such Proclamation has been passed by the House of
the People before the expiration of that period, the Proclamation shall cease to
operate at the expiration of thirty days from the date on which the House of the
People first sits after its reconstitution unless before the expiration of the s
aid
period of thirty days a resolution approving the Proclamation has been also
passed by the House of the People.
(4) A Proclamation so approved shall, unless revoked, cease to operate
on the expiration of a period of six months from the date of the
passing of the second of the resolutions approving the Proclamation
under clause (3):
Provided that if and so often as a resolution approving the continuance in
force of such a Proclamation is passed by both Houses of Parliament, the
Proclamation shall, unless revoked, continue in force for a further period of
six months from the date on which under this clause it would otherwise have
ceased to operate, but no such Proclamation shall in any case remain in force
for more than three years:
Provided further that if the dissolution of the House of the People takes
place during any such period of six months and a resolution approving the
continuance in force of such Proclamation has been passed by the Council of
States, but no resolution with respect to the continuance in force of such
Proclamation has been passed by the House of the People during the said
period, the Proclamation shall cease to operate at the expiration of thirty days
from the date on which the House of the People first sits after its reconstituti
on
unless before the expiration of the said period of thirty days a resolution
approving the continuance in force of the Proclamation has been also passed
by the House of the People:
357. Exercise of legislative powers under Proclamation issued under
article 356.— (1) Where by a Proclamation issued under clause (1) of article
356, it has been declared that the powers of the Legislature of the State shall
be
exercisable by or under the authority of Parliament, it shall be competent—
(a) for Parliament to confer on the President the power of the
Legislature of the State to make laws, and to authorise the President to
delegate, subject to such conditions as he may think fit to impose, the
power so conferred to any other authority to be specified by him in that
behalf;
(b) for Parliament, or for the President or other authority in whom
such power to make laws is vested under sub-clause (a), to make laws
conferring powers and imposing duties, or authorising the conferring of
powers and the imposition of duties, upon the Union or officers and
authorities thereof;
(c) for the President to authorise when the House of the People is
not in session expenditure from the Consolidated Fund of the State
pending the sanction of such expenditure by Parliament.
(2) Any law made in exercise of the power of the
Legislature of the State by Parliament or the President or
other authority referred to in sub-clause (a) of clause (1)
which Parliament or the President or such other authority
would not, but for the issue of a Proclamation under article
356, have been competent to make shall, to the extent
of the incompetency, cease to have effect on the expiration
of a period of one year after the Proclamation has ceased to
operate except as respects things done or omitted to be done
before the expiration of the said period, unless the provisions
which shall so cease to have effect are sooner repealed or re-
enacted with or without modification by Act of the appro-
priate Legislature.
185
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358. Suspension of provisions of article 19 during emergencies.—
While a Proclamation of Emergency is in
operation, nothing in article 19 shall restrict the power of the State as define
d in
Part III to make any law or to take any executive action which the State would
but for the provisions contained in that Part be competent to make or to take,
but any law so made shall, to the extent of the incompetency, cease to have
effect as soon as the Proclamation ceases to operate, except as respects things
done or omitted to be done before the law so ceases to have effect:
359. Suspension of the enforcement of the rights conferred by Part
III during emergencies.—(1) Where a Proclamation of Emergency is in
operation, the President may by order declare that the right to move any court
for the enforcement of such of the rights conferred by Part III
as may be mentioned in the order and all proceedings pending in
any court for the enforcement of the rights so mentioned shall remain
suspended for the period during which the Proclamation is in force or for such
shorter period as may be specified in the order.
186
THE CONSTITUTION OF INDIA
(2) An order made as aforesaid may extend to the whole or any part of
the territory of India:
(3) Every order made under clause (1) shall, as soon as may be after it is
made, be laid before each House of Parliament.
187
THE CONSTITUTION OF INDIA
360. Provisions as to financial emergency.—(1) If the President is
satisfied that a situation has arisen whereby the financial stability or credit
of
India or of any part of the territory thereof is threatened, he may by a
Proclamation make a declaration to that effect.
(2) The provisions of clause (2) of article 352 shall
apply in relation to a Proclamation issued under this article
as they apply in relation to a Proclamation of Emergency
issued under article 352.
(3) During the period any such Proclamation as is mentioned in clause
(1) is in operation, the executive authority of the Union shall extend to the
giving of directions to any State to observe such canons of financial propriety
as may be specified in the directions, and to the giving of such other direction
s
as the President may deem necessary and adequate for the purpose.
(4) Notwithstanding anything in this Constitution—
(a) any such direction may include—
(i) a provision requiring the reduction of salaries and allowances
of all or any class of persons serving in connection with the affairs of
a State;
188
THE CONSTITUTION OF INDIA
(ii) a provision requiring all Money Bills or other Bills to which
the provisions of article 207 apply to be reserved for the
consideration of the President after they are passed by the Legislature
of the State;
(b) it shall be competent for the President during the period any
Proclamation issued under this article is in operation to issue directions
for the reduction of salaries and allowances of all or any class of persons
serving in connection with the affairs of the Union including the Judges
of the Supreme Court and the High Courts.

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PART XIX
MISCELLANEOUS
361. Protection of President and Governors and Rajpramukhs.—(1)
The President, or the Governor or Rajpramukh of a State, shall not be
answerable to any court for the exercise and performance of the powers and
duties of his office or for any act done or purporting to be done by him in the
exercise and performance of those powers and duties:
Provided that the conduct of the President may be brought under review
by any court, tribunal or body appointed or designated by either House of
Parliament for the investigation of a charge under article 61:
Provided further that nothing in this clause shall be construed as
restricting the right of any person to bring appropriate proceedings against the
Government of India or the Government of a State.
(2) No criminal proceedings whatsoever shall be instituted or continued
against the President, or the Governor or Rajpramukh of a State, in any court du
ring his term of
office.
(3) No process for the arrest or imprisonment of the President, or the
Governor or Rajpramukh of a State, shall issue from any court during his term of
office.
(4) No civil proceedings in which relief is claimed against the President,
or the Governor or Rajpramukh of a State, shall be instituted during his term of
office in any
court in respect of any act done or purporting to be done by him in his personal
capacity, whether before or after he entered upon his office as President, or as
Governor or Rajpramukh of such State, until the expiration of two months next af
ter notice in
writing has been delivered to the President or the Governor or the Rajpramukh, a
s the case may be,
or left at his office stating the nature of the proceedings, the cause of action
therefor, the name, description and place of residence of the party by whom
such proceedings are to be instituted and the relief which he claims.
362.Rights and privileges of Rulers of Indian States.-
In the exercise of the power of Parliament or of
the Legislature of a State to make laws
or in the exercise of the executive power
of the Union or of a State, due regard
shall be had to the guarantee or assurance given under any
such covenant or agreement as is referred to in clause (1)
of article 291 with respect to the personal rights, privileges
and dignities of the Ruler of an Indian State.
191
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363. Bar to interference by courts in disputes arising out of certain
treaties, agreements, etc.—(1) Notwithstanding anything in this Constitution
but subject to the provisions of article 143, neither the Supreme Court nor any
other court shall have jurisdiction in any dispute arising out of any provision
of
a treaty, agreement, covenant, engagement, sanad or other similar instrument
which was entered into or executed before the commencement of this
Constitution by any Ruler of an Indian State and to which the Government of
the Dominion of India or any of its predecessor Governments was a party and
which has or has been continued in operation after such commencement, or in
any dispute in respect of any right accruing under or any liability or obligatio
n
arising out of any of the provisions of this Constitution relating to any such
treaty, agreement, covenant, engagement, sanad or other similar instrument.
(2) In this article—
(a) “Indian State” means any territory recognised before the
commencement of this Constitution by His Majesty or the Government
of the Dominion of India as being such a State; and
(b) “Ruler” includes the Prince, Chief or other person recognised
before such commencement by His Majesty or the Government of the
Dominion of India as the Ruler of any Indian State.
192
THE CONSTITUTION OF INDIA
364. Special provisions as to major ports and aerodromes.—(1)
Notwithstanding anything in this Constitution, the President may by public
notification direct that as from such date as may be specified in the
notification—
(a) any law made by Parliament or by the Legislature of a State
shall not apply to any major port or aerodrome or shall apply thereto
subject to such exceptions or modifications as may be specified in the
notification, or
(b) any existing law shall cease to have effect in any major port or
aerodrome except as respects things done or omitted to be done before
the said date, or shall in its application to such port or aerodrome have
effect subject to such exceptions or modifications as may be specified in
the notification.
(2) In this article—
(a) “major port” means a port declared to be a major port by or
under any law made by Parliament or any existing law and includes all
areas for the time being included within the limits of such port;
(b) “aerodrome” means aerodrome as defined for the purposes of
the enactments relating to airways, aircraft and air navigation.
365. Effect of failure to comply with, or to give effect to, directions
given by the Union.—Where any State has failed to comply with, or to give
effect to, any directions given in the exercise of the executive power of the Un
ion
under any of the provisions of this Constitution, it shall be lawful for the
President to hold that a situation has arisen in which the Government of the Sta
te
cannot be carried on in accordance with the provisions of this Constitution.
366. Definitions.—In this Constitution, unless the context otherwise
requires, the following expressions have the meanings hereby respectively
assigned to them, that is to say—
(1) “agricultural income” means agricultural income as defined
for the purposes of the enactments relating to Indian income-tax;
(2) “an Anglo-Indian” means a person whose father or any of
whose other male progenitors in the male line is or was of European
descent but who is domiciled within the territory of India and is or was
born within such territory of parents habitually resident therein and not
established there for temporary purposes only;
193
THE CONSTITUTION OF INDIA
(3) “article” means an article of this Constitution;
(4) “borrow” includes the raising of money by the grant of
annuities, and “loan” shall be construed accordingly;
(5) “clause” means a clause of the article in which the expression
occurs;
(6) “corporation tax” means any tax on income, so far as that tax
is payable by companies and is a tax in the case of which the following
conditions are fulfilled:—
(a) that it is not chargeable in respect of agricultural
income;
(b) that no deduction in respect of the tax paid by
companies is, by any enactments which may apply to the tax,
authorised to be made from dividends payable by the companies
to individuals;
(c) that no provision exists for taking the tax so paid into
account in computing for the purposes of Indian income-tax the
total income of individuals receiving such dividends, or in
computing the Indian income-tax payable by, or refundable to,
such individuals;
(7) “corresponding Province”, “corresponding Indian State” or
“corresponding State” means in cases of doubt such Province, Indian
State or State as may be determined by the President to be the
corresponding Province, the corresponding Indian State or the
corresponding State, as the case may be, for the particular purpose in
question;
(8) “debt” includes any liability in respect of any obligation to
repay capital sums by way of annuities and any liability under any
guarantee, and “debt charges” shall be construed accordingly;
(9) “estate duty” means a duty to be assessed on or by reference to
the principal value, ascertained in accordance with such rules as may be
prescribed by or under laws made by Parliament or the Legislature of a
State relating to the duty, of all property passing upon death or deemed,
under the provisions of the said laws, so to pass;
194
THE CONSTITUTION OF INDIA
(10) “existing law” means any law, Ordinance, order, bye-law,
rule or regulation passed or made before the commencement of this
Constitution by any Legislature, authority or person having power to
make such a law, Ordinance, order, bye-law, rule or regulation;
(11) “Federal Court” means the Federal Court constituted under
the Government of India Act, 1935;
(12) “goods” includes all materials, commodities, and articles;
(13) “guarantee” includes any obligation undertaken before the
commencement of this Constitution to make payments in the event of the
profits of an undertaking falling short of a specified amount;
(14) “High Court” means any Court which is deemed for the
purposes of this Constitution to be a High Court for any State and
includes—
(a) any Court in the territory of India constituted or
reconstituted under this Constitution as a High Court, and
(b) any other Court in the territory of India which may be
declared by Parliament by law to be a High Court for all or any of
the purposes of this Constitution;
(15) “Indian State” means any territory which the Government of
the Dominion of India recognised as such a State;
(16) “Part” means a Part of this Constitution;
(17) “pension” means a pension, whether contributory or not, of
any kind whatsoever payable to or in respect of any person, and includes
retired pay so payable; a gratuity so payable and any sum or sums so
payable by way of the return, with or without interest thereon or any
other addition thereto, of subscriptions to a provident fund;
(18) “Proclamation of Emergency” means a Proclamation issued
under clause (1) of article 352;
(19) “public notification” means a notification in the Gazette of
India, or, as the case may be, the Official Gazette of a State;
195
THE CONSTITUTION OF INDIA
(20) “railway” does not include—
(a) a tramway wholly within a municipal area, or
(b) any other line of communication wholly situate in one State
and declared by Parliament by law not to be a railway;
(21) "Rajpramukh" means
(a) in relation to the State of Hyderabad, the
person who for the time being is recog-
nised by the President as the Nizam of
Hyderabad ;
(b) in relation to the State of Jammu and
Kashmir or the State of Mysore, the
person who for the time being is recog-
nised by the President as the Maharaja
of that State ; and
(c) in relation to any other State specified in
Part B of the First Schedule, the person
who for the time being is recognised by
the President as the Rajpramukh of that
State,
and includes in relation to any of the said
States any person for the time being recog-
nised by the President as competent to exercise
the powers of the Rajpramukh in relation to
that State ;
(22) "Ruler" in relation to an Indian State means
the Prince, Chief or other person by whom
any such covenant or agreement as is referred
to in clause (1) of article 291 was entered into
and who for the time being is recognised by
the President as the Ruler of the State, and
includes any person who for the time being is
recognised by the President as the successor of
such Ruler ;
(23) “Schedule” means a Schedule to this Constitution;
(24) “Scheduled Castes” means such castes, races or tribes or
parts of or groups within such castes, races or tribes as are deemed under
article 341 to be Scheduled Castes for the purposes of this Constitution;
(25) “Scheduled Tribes” means such tribes or tribal communities
or parts of or groups within such tribes or tribal communities as are
deemed under article 342 to be Scheduled Tribes for the purposes of this
Constitution;
(26) “securities” includes stock;
(27) “sub-clause” means a sub-clause of the clause in which the
expression occurs;
(28) “taxation” includes the imposition of any tax or impost,
whether general or local or special, and “tax” shall be construed
accordingly;
(29) “tax on income” includes a tax in the nature of an excess
profits tax;
(30) "Uparajpramukh" in relation to any State
specified in Part B of the First Schedule means
the person who for the time being is recognised
by the President as the Uparajpramukhof that
State.
(2) Any reference in this Constitution to Acts or laws of, or made by,
Parliament, or to Acts or laws of, or made by, the Legislature of a State specif
ied in Part A or Part B of the First Schedule, shall
be construed as including a reference to an Ordinance made by the President or,
to an Ordinance made by a Governor or Rajpramukh, as the case may be.
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THE CONSTITUTION OF INDIA
(3) For the purposes of this Constitution “foreign State” means any State
other than India:
Provided that, subject to the provisions of any law made by Parliament,
the President may by order declare any State not to be a foreign State for such
purposes as may be specified in the order.

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PART II
CITIZENSHIP
5. Citizenship at the commencement of the Constitution.—At the
commencement of this Constitution, every person who has his domicile in the
territory of India and—
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for
not less than five years immediately preceding such commencement,
shall be a citizen of India.
6. Rights of citizenship of certain persons who have migrated to
India from Pakistan.—Notwithstanding anything in article 5, a person who
has migrated to the territory of India from the territory now included in
Pakistan shall be deemed to be a citizen of India at the commencement of this
Constitution if—
(a) he or either of his parents or any of his grand-parents was born
in India as defined in the Government of India Act, 1935 (as originally
enacted); and
(b)(i) in the case where such person has so migrated before the
nineteenth day of July, 1948, he has been ordinarily resident in the
territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the
nineteenth day of July, 1948, he has been registered as a citizen of India
by an officer appointed in that behalf by the Government of the
Dominion of India on an application made by him therefore to such
officer before the commencement of this Constitution in the form and
manner prescribed by that Government:
Provided that no person shall be so registered unless he has been resident
in the territory of India for at least six months immediately preceding the date
of his application.
4
5
THE CONSTITUTION OF INDIA
7. Rights of citizeship of certain migrants to Pakistan.—
Notwithstanding anything in articles 5 and 6, a person who has after the first
day of March, 1947, migrated from the territory of India to the territory now
included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after
having so migrated to the territory now included in Pakistan, has returned to th
e
territory of India under a permit for resettlement or permanent return issued by
or under the authority of any law and every such person shall for the purposes
of clause (b) of article 6 be deemed to have migrated to the territory of India
after the nineteenth day of July, 1948.
8. Rights of citizenship of certain persons of Indian origin residing
outside India.—Notwithstanding anything in article 5, any person who or
either of whose parents or any of whose grand-parents was born in India as
defined in the Government of India Act, 1935 (as originally enacted), and who
is ordinarily residing in any country outside India as so defined shall be deeme
d
to be a citizen of India if he has been registered as a citizen of India by the
diplomatic or consular representative of India in the country where he is for th
e
time being residing on an application made by him therefor to such diplomatic
or consular representative, whether before or after the commencement of this
Constitution, in the form and manner prescribed by the Government of the
Dominion of India or the Government of India.
9. Persons voluntarily acquiring citizenship of a foreign State not to
be citizens.— No person shall be a citizen of India by virtue of article 5, or
be
deemed to be a citizen of India by virtue of article 6 or article 8, if he has
voluntarily acquired the citizenship of any foreign State.
10. Continuance of the rights of citizenship.—Every person who is or
is deemed to be a citizen of India under any of the foregoing provisions of this
Part shall, subject to the provisions of any law that may be made by Parliament,
continue to be such citizen.
11. Parliament to regulate the right of citizenship by law.—Nothing
in the foregoing provisions of this Part shall derogate from the power of
Parliament to make any provision with respect to the acquisition and
termination of citizenship and all other matters relating to citizenship.

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PART XX
AMENDMENT OF THE CONSTITUTION
368 Procedure for amendment of the Constitution-
An amendment of this Constitution may be
initiated only by the introduction of a Bill
for the purpose in either House of Parlia-
ment, and when the Bill is passed in each
House by a majority of the total membership of that House
and by a majority of not less than two-thirds of the members
of that House present and voting, it shall be presented to
the President for his assent and upon such assent being
given to the Bill, the Constitution shall stand amended in
accordance with the terms of the Bill :
Provided that if such amendment seeks to make any
change in -
(a) article 64, article 55, article 73, article 162 or
article 241, or
(b) Chapter IV of Part V, Chapter V of Part VI,
or Chapter I of Part XI, or
(c) any of the Lists in the Seventh Schedule, or
(d) the representation of States in Parliament, or
(e) the provisions of this article,
the amendment shall also require to be ratified by the
Legislatures of not less than one-half of the States specified
in Parts A and B of the First Schedule by resolutions to
that effect passed by those Legislatures before the Bill
making provision for such amendment is presented to the
President for assent.
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PART XXI
TEMPORARY AND TRANSITIONAL PROVISIONS
369. Temporary power to Parliament to make laws with respect to
certain matters in the State List as if they were matters in the Concurrent
List.—Notwithstanding anything in this Constitution, Parliament shall, during
a period of five years from the commencement of this Constitution, have power
to make laws with respect to the following matters as if they were enumerated
in the Concurrent List, namely:—
(a) trade and commerce within a State in, and the production, supply
and distribution of, cotton and woollen textiles, raw cotton (including
ginned cotton and unginned cotton or kapas), cotton seed, paper
(including newsprint), food-stuffs (including edible oilseeds and oil),
cattle fodder (including oil-cakes and other concentrates), coal
(including coke and derivatives of coal), iron, steel and mica;
(b) offences against laws with respect to any of the matters
mentioned in clause (a), jurisdiction and powers of all courts except the
Supreme Court with respect to any of those matters, and fees in respect
of any of those matters but not including fees taken in any court;
but any law made by Parliament, which Parliament would not but for the
provisions of this article have been competent to make, shall, to the extent of
the
incompetency, cease to have effect on the expiration of the said period, except
as
respects things done or omitted to be done before the expiration thereof.
1
[370. Temporary provisions with respect to the State of Jammu
and Kashmir.—(1) Notwithstanding anything in this Constitution,—
(a) the provisions of article 238 shall not apply in relation to the State
of Jammu and Kashmir;
______________________________________________
1 In exercise of the powers conferred by this article the President, on the reco
mmendation of the
Constituent Assembly of the State of Jammu and Kashmir, declared that, as from t
he 17th day of
November, 1952, the said art. 370 shall be operative with the modification that
for the Explanation
in cl. (1) thereof, the following Explanation is substituted, namely:“Explanat
ion – For the purposes of this article, the Government of the State means the
person
for the time being recognised by the President on the recommendation of the Legi
slative
Assembly of the State as the *Sadar-I Riyasat of Jammu and Kashmir, acting on th
e advice of the
Council of Ministers of the State for the time being in office.”.
(Ministry of Law Order No. C.O. 44, dated the 15th November, 1952).
*Now “Governor”.
199
200
THE CONSTITUTION OF INDIA
(b) the power of Parliament to make laws for the said State shall be
limited to—
(i) those matters in the Union List and the Concurrent List
which, in consultation with the Government of the State, are
declared by the President to correspond to matters specified in the
Instrument of Accession governing the accession of the State to the
Dominion of India as the matters with respect to which the
Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence
of the Government of the State, the President may by order specify.
Explanation.—For the purposes of
this article, the
Government of the State means the person for the time being recognised
by the President as the Maharaja of Jammu and Kashmir acting on the
advice of the Council of Ministers for the time being in office under the
Maharaja’s Proclamation dated the fifth day of March, 1948;
(c) the provisions of article 1 and of this article shall apply in relation
to that State;
(d) such of the other provisions of this Constitution shall apply in
relation to that State subject to such exceptions and modifications as the
President may by order specify:
Provided that no such order which relates to the matters specified in the
Instrument of Accession of the State referred to in paragraph (i) of sub-clause
(b) shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than
those referred to in the last preceding proviso shall be issued except with the
concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in
paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to subcl
ause (d) of that clause be given before the Constituent Assembly for the
purpose of framing the Constitution of the State is convened, it shall be placed
before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article,
the President may, by public notification, declare that this article shall cease
to
be operative or shall be operative only with such exceptions and modifications
and from such date as he may specify:
201
THE CONSTITUTION OF INDIA
Provided that the recommendation of the Constituent Assembly of the
State referred to in clause (2) shall be necessary before the President issues
such a notification.
371. Notwithstanding anything in this Constitution,
during a period of ten years from the
commencement thereof, or during such
longer or shorter period as Parliament
may by law provide in respect of any
State, the Government of every State specified in Part B
of the First Schedule shall be under the general control of,
and comply with such particular directions, if any, as may
from time to time be given by, the President :
Provided that the President may by order direct that
the provisions of this article shall not apply to any State
specified in the order.
205
THE CONSTITUTION OF INDIA
372. Continuance in force of existing laws and their adaptation.—(1)
Notwithstanding the repeal by this Constitution of the enactments referred to in
article 395 but subject to the other provisions of this Constitution, all the la
w in
force in the territory of India immediately before the commencement of this
Constitution shall continue in force therein until altered or repealed or amende
d
by a competent Legislature or other competent authority.
(2) For the purpose of bringing the provisions of any law in force in the
territory of India into accord with the provisions of this Constitution, the
President may by order make such adaptations and modifications of such law,
whether by way of repeal or amendment, as may be necessary or expedient, and
provide that the law shall, as from such date as may be specified in the order,
have effect subject to the adaptations and modifications so made, and any such
adaptation or modification shall not be questioned in any court of law.
213
THE CONSTITUTION OF INDIA
(3) Nothing in clause (2) shall be deemed—
(a) to empower the President to make any adaptation or
modification of any law after the expiration of two years from the
commencement of this Constitution; or
(b) to prevent any competent Legislature or other competent
authority from repealing or amending any law adapted or modified by
the President under the said clause.
Explanation I.—The expression “law in force” in this article shall
include a law passed or made by a Legislature or other competent authority in
the territory of India before the commencement of this Constitution and not
previously repealed, notwithstanding that it or parts of it may not be then in
operation either at all or in particular areas.
Explanation II.—Any law passed or made by a Legislature or other
competent authority in the territory of India which immediately before the
commencement of this Constitution had extra-territorial effect as well as effect
in the territory of India shall, subject to any such adaptations and modificatio
ns
as aforesaid, continue to have such extra-territorial effect.
Explanation III.—Nothing in this article shall be construed as continuing
any temporary law in force beyond the date fixed for its expiration or the date
on which it would have expired if this Constitution had not come into force.
Explanation IV.—An Ordinance promulgated by the Governor of a
Province under section 88 of the Government of India Act, 1935, and in force
immediately before the commencement of this Constitution shall, unless
withdrawn by the Governor of the corresponding State earlier, cease to operate
at the expiration of six weeks from the first meeting after such commencement
of the Legislative Assembly of that State functioning under clause (1) of articl
e
382, and nothing in this article shall be construed as continuing any such
Ordinance in force beyond the said period.
373. Power of President to make order in respect of persons under
preventive detention in certain cases.—Until provision is made by Parliament
under clause (7) of article 22, or until the expiration of one year from the
commencement of this Constitution, whichever is earlier, the said article shall
have effect as if for any reference to Parliament in clauses (4) and (7) thereof
there were substituted a reference to the President and for any reference to any
law made by Parliament in those clauses there were substituted a reference to
an order made by the President.
374. Provisions as to Judges of the Federal Court and proceedings
pending in the Federal Court or before His Majesty in Council.—(1) The
Judges of the Federal Court holding office immediately before the
commencement of this Constitution shall, unless they have elected otherwise,
become on such commencement the Judges of the Supreme Court and shall
thereupon be entitled to such salaries and allowances and to such rights in
respect of leave of absence and pension as are provided for under article 125 in
respect of the Judges of the Supreme Court.
(2) All suits, appeals and proceedings, civil or criminal, pending in the
Federal Court at the commencement of this Constitution shall stand removed to
the Supreme Court, and the Supreme Court shall have jurisdiction to hear and
determine the same, and the judgments and orders of the Federal Court delivered
or made before the commencement of this Constitution shall have the same force
and effect as if they had been delivered or made by the Supreme Court.
(3) Nothing in this Constitution shall operate to invalidate the exercise of
jurisdiction by His Majesty in Council to dispose of appeals and petitions from,
or in respect of, any judgment, decree or order of any court within the territor
y
of India in so far as the exercise of such jurisdiction is authorised by law, an
d
any order of His Majesty in Council made on any such appeal or petition after
the commencement of this Constitution shall for all purposes have effect as if i
t
were an order or decree made by the Supreme Court in the exercise of the
jurisdiction conferred on such Court by this Constitution.
(4) On and from the commencement of this Constitution the jurisdiction of
the authority functioning as the Privy Council in a State specified in Part B of
the
First Schedule to entertain and dispose of appeals and petitions from or in resp
ect
of any judgment, decree or order of any court within that State shall cease, and
all
appeals and other proceedings pending before the said authority at such
commencement shall be transferred to, and disposed of by, the Supreme Court.
215
THE CONSTITUTION OF INDIA
(5) Further provision may be made by Parliament by law to give effect to
the provisions of this article.
375. Courts, authorities and officers to continue to function subject
to the provisions of the Constitution.—All courts of civil, criminal and
revenue jurisdiction, all authorities and all officers, judicial, executive and
ministerial, throughout the territory of India, shall continue to exercise their
respective functions subject to the provisions of this Constitution.
376. Provisions as to Judges of High Courts.—(1) Notwithstanding
anything in clause (2) of article 217, the Judges of a High Court in any
Province holding office immediately before the commencement of this
Constitution shall, unless they have elected otherwise, become on such
commencement the Judges of the High Court in the corresponding State, and
shall thereupon be entitled to such salaries and allowances and to such rights i
n
respect of leave of absence and pension as are provided for under article 221 in
respect of the Judges of such High Court.
(2) The Judges of a High Court in any Indian State corresponding to any
State specified in Part B of the First Schedule holding office immediately
before the commencement of this Constitution shall, unless they have elected
otherwise, become on such commencement the Judges of the High Court in the
State so specified and shall, notwithstanding anything in clauses (1) and (2) of
article 217 but subject to the proviso to clause (1) of that article, continue t
o hold
office until the expiration of such period as the President may by order determi
ne.
(3) In this article, the expression “Judge” does not include an acting Judge
or an additional Judge.
377. Provisions as to Comptroller and Auditor-General of India.—The
Auditor-General of India holding office immediately before the commencement of
this Constitution shall, unless he has elected otherwise, become on such
commencement the Comptroller and Auditor-General of India and shall thereupon
be entitled to such salaries and to such rights in respect of leave of absence a
nd
pension as are provided for under clause (3) of article 148 in respect of the
Comptroller and Auditor-General of India and be entitled to continue to hold off
ice
until the expiration of his term of office as determined under the provisions wh
ich
were applicable to him immediately before such commencement.
216
THE CONSTITUTION OF INDIA
378. Provisions as to Public Service Commissions.—(1) The members
of the Public Service Commission for the Dominion of India holding office
immediately before the commencement of this Constitution shall, unless they
have elected otherwise, become on such commencement the members of the
Public Service Commission for the Union and shall, notwithstanding anything in
clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of t
hat
article, continue to hold office until the expiration of their term of office as
determined under the rules which were applicable immediately before such
commencement to such members.
(2) The Members of a Public Service Commission of a Province or of a
Public Service Commission serving the needs of a group of Provinces holding
office immediately before the commencement of this Constitution shall, unless th
ey
have elected otherwise, become on such commencement the members of the Public
Service Commission for the corresponding State or the members of the Joint State
Public Service Commission serving the needs of the corresponding States, as the
case may be, and shall, notwithstanding anything in clauses (1) and (2) of artic
le
316 but subject to the proviso to clause (2) of that article, continue to hold o
ffice
until the expiration of their term of office as determined under the rules which
were
applicable immediately before such commencement to such members.
379 Provisions as to provisional Parliament and the Speaker and Deputy Speaker
thereof
(1) Until both Houses of Parliament have been
duly constituted and summoned to meet
for the first session under the provisions
of this Constitution, the body functioning
as the Constituent Assembly of the
Dominion of India immediately before the commencement
of this Constitution shall be the provisional Parliament
and shall exercise all the powers and perform all the duties
conferred by the provisions of this Constitution on Par-
liament
Explanation. For the purposes of this clause, the
Constituent Assemby of the Dominion of India includes
(i) the members chosen to represent any State
or other territory for which representation is
provided under clause (2), and
(ii) the members chosen to fill casual vacancies
in the said Assembly.
(2) The Parliament may by rules provide for
(a) the representation in the provisional Parliament
functioning under clause (1) of any State or
other territory which was not represented in
the Constituent Assembly of the Dominion
of India immediately before the commence-
ment of this Constitution,
(b) the manner in which the representatives of
such States or other territories in the pro*
visional Parliament shall be chosen, and
(c) the qualifications to be possessed by such repre-
sentatives.
(3) If a member of the Constituent Assembly of the
Dominion of India was, on the sixth day of October, 1949,
or thereafter at any time before the commencement of this
Constitution, a member of a House of the Legislature of a
Governor's Province or of an Indian State corresponding to
any State specified in Part B of the First Schedule or a
Minister for any such State, then, as from the commence-
ment of this Constitution the seat of such member in the
Constituent Assembly shall, unless he has ceased to be a
member of that Assembly earlier, become vacant and every
such vacancy shall be deemed to be a casual vacancy.
(4) Notwithstanding that any such vacancy in the
Constituent Assembly of the Dominion of India as is men-
tioned in clause (3) has not occurred under that clause, steps
may be taken before the commencement of this Constitution
for the filling of such vacancy, but any person chosen before
such commencement to fill the vacancy shall not be entitled
to take his seat in the said Assembly until after the vacancy
has so occurred.
(5) Any person holding office immediately before the'
commencement of this Constitution as Speaker or Deputy
Speaker of the Constituent Assembly when functioning as
the Dominion Legislature under the Government of India
Act, 1935, shall on such commencement be the Speaker or,
as the case may be, the Deputy Speaker of the provisional
Parliament functioning under clause (1).
380. Provision as to President - (1) Such person as the Constituent Assembly of
the Dominion of India shall have elected
in that behalf shall be the President of
India until a President has been elected in
accordance with the provisions contained in Chapter I of
Part V and has entered upon his office.
(2) In the event of the occurrence of any vacancy
in the office of the President so elected by the Constituent
Assembly of the Dominion of India by reason of his death,
resignation, or removal, or otherwise, it shall be filled by a
person elected in that behalf by the provisional Parliament
functioning under article 379, and until a person is so elected,
the Chief Justice of India shall act as President.
381. Council of Ministers of the President—
Such persons as the President may appoint in
that behalf shall become members of the President under
this Constitution, and, until appointments
are so made, all persons holding office as Ministers for the
Dominion of India immediately before the commencement
of this Constitution shall on such commencement become,
and shall continue to hold office as, members of the Council
of Ministers of the President under this Constitution.
382. Provisions as to provisional Legislatures for States in Part A of the First
Schedule—
(1) Until the House or Houses of the Legislature
of each State specified in Part A of the
First Schedule has or have been duly con-
stituted and summoned to meet for the
first session under the provisions of this
Constitution, the House or Houses of the Legislature of the
corresponding Province functioning immediately before the
commencement of this Constitution shall exercise the powers
and perform the duties conferred by the provisions of this
Constitution on the House or Houses of the Legislature of
such State.
(2) Notwithstanding anything in clause (1), where a
general election to reconstitute the Legislative Assembly of
a Province has been ordered before the commencement of
this Constitution, the election may be completed after such
commencement as if this Constitution had not come into
operation, and the Assembly so reconstituted shall be deemed
to be the Legislative Assembly of that Province for the
purposes of that clause.
(3) Any person holding office immediately before the
commencement of this Constitution as Speaker or Deputy
Speaker of the Legislative Assembly or President or Deputy
President of the Legislative Council of a Province shall on
such commencement be the Speaker or Deputy Speaker of
the Legislative Assembly or the Chairman or Deputy
Chairman of the Legislative Council, as the case may be, of
by the President of India :
Provided that where any such seat as is mentioned in
this clause was, immediately before jt became vacant, held
by a person belonging to the Scheduled Castes or to the
Muslim or the Sikh community and representing a Province
or, as the case may be, a State specified in Part A of the
First Schedule, the person to fill such seat shall, unless the
President of the Constituent Assembly or the President
of India, as the case may be, considers it necessary or
expedient to provide otherwise, be of the same community:
Provided further that at an election to fill any such
vacancy in the seat of a member representing a Province or
a State specified in Part A of the First Schedule, every
member of the Legislative Assembly of that Province or of
the corresponding State or of that State, as the case may be,
shall be entitled to participate and vote.
Explanation, For the purposes of this clause
(a) all such castes, races or tribes or parts of or
groups within castes, races or tribes as are
specified in the Government of India
(Scheduled Castes) Order, 1936, to be Scheduled
Castes in relation to any Province shall be
deemed to be Scheduled Castes in relation to
that Province or the corresponding State until
a notification has been issued by the President
under clause (i) of article 341 specifying the
Scheduled Castes in relation to that corres-
ponding State;
(b) all the Scheduled Castes in any Province or
State shall be deemed to be a single com-
munity.
(2) Casual vacancies in the seats of members of a
House of the Legislature of a State functioning under article
382 or article 385 shall be filled, and all matters in connec-
tion with the filling of such vacancies (including the deci-
sion of doubts and disputes arising out of, or in connection
with, elections to fill such vacancies) shall be regulated in
accordance with such provisions governing the filling of such
vacancies and regulating such matters as were in force
immediately before the commencement of this Constitution
subject to such exceptions and modifications as the Presi-
dent may by order direct.
389. Provisions as to Bills pending in the Dominion Legislature and in the
Legislatures of Provinces and Indian States.
———A Bill which immediately before the commence-
ment of this Constitution was pending in
the Legislature of the Dominion of India
or in the Legislature or any Province or
Indian State may, subject to any provi-
sion to the contrary which may be in-
cluded in rules made by Parliament or the Legislature of
the corresponding State under this Constitution, be conti-
nued in Parliament or the Legislature of the corresponding
State, as the case may be, as if the proceedings taken with
reference to the Bill in the Legislature of the Dominion of
India or in the Legislature of the Province or Indian State
had been taken in Parliament or in the Legislature of the
corresponding State.
390. Moneys received or raised or expenditure incurred between the
commencement of the Constitution and the 31st day of March, 1950——
The provisions of this Constitution relating to
the Consolidated Fund of India or the
raised or expenditure Consolidated Fund of any State and the
appropriation of moneys out of either of
such Funds shall not apply in relation to
moneys received or raised or expenditure
incurred by the Government of India or the Government
of any State between the commencement of this Constitu-
tion and the thirty- first day of March, 1950, both days
inclusive, and any expenditure incurred during that period
shall be deemed to be duly authorised if the expenditure
was specified in a schedule of authorised expenditure
authenticated in accordance with the provisions of the
Government of India Act, 1935, by the Governor General
of the Dominion of India or the Governor of the corres-
ponding Province or is authorised by Rajpramukh of the
State in accordance with such rules as were applicable to
the authorisation of expenditure from the revenues of the
corresponding Indian State immediately before such com-
mencement.
391. Power of the President to amend the First and Fourth
Schedules in certain contingencies——
(1) If at any time between the passing of this
Constitution and its commencement any
action is taken under the provisions of
the Government of India Act, 1935, which
in the opinion of the President requires
any amendment in the First Schedule and the Fourth Sche-
dule, the President may, notwithstanding anything in this
Constitution, by order, make such amendments in the said
Schedules as may be necessary to give effect to the action
so taken, and any such order may contain such supplemen-
tal, incidental and consequential provisions as the Presi-
dent may deem necessary.
(2) When the First Schedule or the Fourth Schedule
is so amended, any reference to that Schedule in this
Constitution shall be construed as a reference to such
Schedule as so amended.
392. Power of the President to remove difficulties.—(1) The President
may, for the purpose of removing any difficulties, particularly in relation to t
he
transition from the provisions of the Government of India Act, 1935, to the
provisions of this Constitution, by order direct that this Constitution shall,
during such period as may be specified in the order, have effect subject to such
adaptations, whether by way of modification, addition or omission, as he may
deem to be necessary or expedient:
Provided that no such order shall be made after the first meeting of
Parliament duly constituted under Chapter II of Part V.
(2) Every order made under clause (1) shall be laid before Parliament.
(3) The powers conferred on the President by this article, by article 324, by
clause (3) of article 367 and by article 391 shall, before the commencement of t
his
Constitution, be exercisable by the Governor-General of the Dominion of India.

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PART XXII
SHORT TITLE, COMMENCEMENT AND REPEALS
393. Short title.—This Constitution may be called the Constitution of
India.
394. Commencement.—This article and articles 5, 6, 7, 8, 9, 60, 324,
366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and
the remaining provisions of this Constitution shall come into force on the
twenty-sixth day of January, 1950, which day is referred to in this Constitution
as the commencement of this Constitution.
395. Repeals.—The Indian Independence Act, 1947, and the
Government of India Act, 1935, together with all enactments amending or
supplementing the latter Act, but not including the Abolition of Privy Council
Jurisdiction Act, 1949, are hereby repealed.
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PART III
FUNDAMENTAL RIGHTS
General
12. Definition.—In this Part, unless the context otherwise requires, “the
State” includes the Government and Parliament of India and the Government
and the Legislature of each of the States and all local or other authorities wit
hin
the territory of India or under the control of the Government of India.
13. Laws inconsistent with or in derogation of the fundamental
rights.—(1) All laws in force in the territory of India immediately before the
commencement of this Constitution, in so far as they are inconsistent with the
provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the
rights conferred by this Part and any law made in contravention of this clause
shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires,—
(a) “law” includes any Ordinance, order, bye-law, rule, regulation,
notification, custom or usage having in the territory of India the force of
law;
(b) “laws in force” includes laws passed or made by a Legislature
or other competent authority in the territory of India before the
commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in
operation either at all or in particular areas.
Right to Equality
14. Equality before law.—The State shall not deny to any person
equality before the law or the equal protection of the laws within the territory
of
India.
15. Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth.—(1) The State shall not discriminate against any citize
n
on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability, restriction or
condition with regard to—
(a) access to shops, public restaurants, hotels and places of public
entertainment; or
6
7
THE CONSTITUTION OF INDIA
(b) the use of wells, tanks, bathing ghats, roads and places of
public resort maintained wholly or partly out of State funds or dedicated
to the use of the general public.
(3) Nothing in this article shall prevent the State from making any
special provision for women and children.
16. Equality of opportunity in matters of public employment.—(1)
There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible for, or discriminated ag
ainst
in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law
prescribing, in regard to a class or classes of employment or appointment to an
office under any State specified in the First Schedule or any local or other aut
hority
within its territory any requirement as to residence within that State
, any requirement as to residence within that State or Union
territory prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any
provision for the reservation of appointments or posts in favour of any
backward class of citizens which, in the opinion of the State, is not adequately
represented in the services under the State.
8
THE CONSTITUTION OF INDIA
(5) Nothing in this article shall affect the operation of any law which
provides that the incumbent of an office in connection with the affairs of any
religious or denominational institution or any member of the governing body
thereof shall be a person professing a particular religion or belonging to a
particular denomination.
17. Abolition of Untouchability.—“Untouchability” is abolished and its
practice in any form is forbidden. The enforcement of any disability arising out
of “Untouchability” shall be an offence punishable in accordance with law.
18. Abolition of titles.—(1) No title, not being a military or academic
distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any
office of profit or trust under the State, accept without the consent of the
President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall,
without the consent of the President, accept any present, emolument, or office
of any kind from or under any foreign State.
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.—
(1) All citizens shall have the right—
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
9
THE CONSTITUTION OF INDIA
(e) to reside and settle in any part of the territory of India;
(f) to acquire, hold and dispose of property; and
(g) to practise any profession, or to carry on any occupation, trade or
business.
(2) Nothing in sub-clause (a) of clause (1) shall affect
the operation of any existing law in so far as it relates to,
or prevent the State from making any law relating to, libel,
slander, defamation, contempt of court or any matter which
offends against decency or morality or which undermines
the security of, or tends to overthrow, the State.
(3) Nothing in sub-clause (b) of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from making
any law imposing, in the interests of
public order, reasonable restrictions on the exercise of the right conferred by
the said sub-clause.
(4) Nothing in sub-clause (c) of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from making
any law imposing, in the interests of public order or morality,
reasonable restrictions on the exercise of the right
conferred by the said sub-clause.
(5) Nothing in sub-clauses (d), (e) and (f) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent the State from
making any law imposing, reasonable restrictions on the exercise of any of the
rights conferred by the said sub-clauses either in the interests of the general
public or for the protection of the interests of any Scheduled Tribe.
(6) Nothing in sub-clause (g) of the said clause shall
affect the operation of any existing law in so far as it
imposes, or prevent the State from making any law
imposing, in the interests of the general public, reasonable
restrictions on the exercise of the right conferred by the
said sub-clause, and, in particular, nothing in the said sub-
clause shall affect the operation of any existing law in so far
as it prescribes or empowers any authority to prescribe, or
prevent the State from making any law prescribing or
empowering any authority to prescribe, the professional or
technical qualifications necessary for practising any pro-
fession or carrying on any occupation, trade or business.
20. Protection in respect of conviction for offences.—(1) No person
shall be convicted of any offence except for violation of a law in force at the
time of the commission of the Act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted under the law in force
at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence
more than once.
(3) No person accused of any offence shall be compelled to be a witness
against himself.
21. Protection of life and personal liberty.—No person shall be
deprived of his life or personal liberty except according to procedure
established by law.
1
22. Protection against arrest and detention in certain cases.—(1) No
person who is arrested shall be detained in custody without being informed, as
soon as may be, of the grounds for such arrest nor shall he be denied the right
to consult, and to be defended by, a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be
produced before the nearest magistrate within a period of twenty-four hours of
such arrest excluding the time necessary for the journey from the place of arres
t
to the court of the magistrate and no such person shall be detained in custody
beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply—
(a) to any person who for the time being is an enemy alien; or
______________________________________________
1. On the commencement of s. 3 of the Constitution (Forty-fourth Amendment) Act,
1978, art. 22 shall
stand amended as directed in s. 3 of that Act. For the text of s. 3 of that Act,
see Appendix III.
11
THE CONSTITUTION OF INDIA
(b) to any person who is arrested or detained under any law providing
for preventive detention.
(4) No law providing for preventive detention shall authorise the
detention of a person for a longer period than three months unless—
(a) an Advisory Board consisting of persons who are, or have been,
or are qualified to be appointed as, Judges of a High Court has reported
before the expiration of the said period of three months that there is in its
opinion sufficient cause for such detention:
Provided that nothing in this sub-clause shall authorise the detention
of any person beyond the maximum period prescribed by any law made
by Parliament under sub-clause (b) of clause (7); or
(b) such person is detained in accordance with the provisions of any
law made by Parliament under sub-clauses (a) and (b) of clause (7).
(5) When any person is detained in pursuance of an order made under
any law providing for preventive detention, the authority making the order
shall, as soon as may be, communicate to such person the grounds on which the
order has been made and shall afford him the earliest opportunity of making a
representation against the order.
(6) Nothing in clause (5) shall require the authority making any such
order as is referred to in that clause to disclose facts which such authority
considers to be against the public interest to disclose.
(7) Parliament may by law prescribe—
(a) the circumstances under which, and the class or classes of cases in
which, a person may be detained for a period longer than three months
under any law providing for preventive detention without obtaining the
opinion of an Advisory Board in accordance with the provisions of subclause (a)
of clause (4);
(b) the maximum period for which any person may in any class or
classes of cases be detained under any law providing for preventive
detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry
under sub-clause (a) of clause (4).
12
THE CONSTITUTION OF INDIA
Right against Exploitation
23. Prohibition of traffic in human beings and forced labour.—(1)
Traffic in human beings and begar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence
punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, and in imposing such service the State
shall not make any discrimination on grounds only of religion, race, caste or
class or any of them.
24. Prohibition of employment of children in factories, etc.—No child
below the age of fourteen years shall be employed to work in any factory or
mine or engaged in any other hazardous employment.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and
propagation of religion.—(1) Subject to public order, morality and health and
to the other provisions of this Part, all persons are equally entitled to freedo
m
of conscience and the right freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or
prevent the State from making any law—
(a) regulating or restricting any economic, financial, political or
other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open
of Hindu religious institutions of a public character to all classes and
sections of Hindus.
Explanation I.—The wearing and carrying of kirpans shall be deemed to
be included in the profession of the Sikh religion.
Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus
shall be construed as including a reference to persons professing the Sikh, Jain
a
or Buddhist religion, and the reference to Hindu religious institutions shall be
construed accordingly.
26. Freedom to manage religious affairs.—Subject to public order,
morality and health, every religious denomination or any section thereof shall
have the right—
(a) to establish and maintain institutions for religious and charitable
purposes;
13
THE CONSTITUTION OF INDIA
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
27. Freedom as to payment of taxes for promotion of any particular
religion.—No person shall be compelled to pay any taxes, the proceeds of
which are specifically appropriated in payment of expenses for the promotion
or maintenance of any particular religion or religious denomination.
28. Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.—(1) No religious instruction
shall be provided in any educational institution wholly maintained out of State
funds.
(2) Nothing in clause (1) shall apply to an educational institution which
is administered by the State but has been established under any endowment or
trust which requires that religious instruction shall be imparted in such
institution.
(3) No person attending any educational institution recognised by the
State or receiving aid out of State funds shall be required to take part in any
religious instruction that may be imparted in such institution or to attend any
religious worship that may be conducted in such institution or in any premises
attached thereto unless such person or, if such person is a minor, his guardian
has given his consent thereto.
Cultural and Educational Rights
29. Protection of interests of minorities.—(1) Any section of the
citizens residing in the territory of India or any part thereof having a distinc
t
language, script or culture of its own shall have the right to conserve the same
.
(2) No citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds only of
religion, race, caste, language or any of them.
30. Right of minorities to establish and administer educational
institutions.—(1) All minorities, whether based on religion or language, shall
have the right to establish and administer educational institutions of their
choice.
14
THE CONSTITUTION OF INDIA
(2) The State shall not, in granting aid to educational institutions,
discriminate against any educational institution on the ground that it is under
the management of a minority, whether based on religion or language.
Right To Property
31. (1) No person shall be deprived of his property
save by authority of law.
Compulsory Acquisition of Property:
(2) No property, movable or im-
movable, including any interest in, or in any company
owning, any commercial or industrial undertaking, shall
be taken possession of or acquired for public purposes under
any law authorising the taking of such possession or such
acquisition, unless the law provides for compensation for
the property taken possession of or acquired and either
fixes the amount of compensation, or specifies the principles
on which, and the manner in which, the compensation is
to be determined and given.
(3) No such law as is referred to in clause (2) made by
the Legislature of a State shall have effect unless such law,
having been reserved for the consideration of the President,
has received his assent.
(4) If any Bill pending at the commencement of
this Constitution in the Legislature of a State has, after
it has been passed by such Legislature, been reserved for
the consideration of the President and has received his
assent, then, notwithstanding anything in this Constitution,
the law so assented to shall not be called in question in
any court on the ground that it contravenes the provisions
of clause (2).
(5)Nothing in Clause (2) shall affect -
(a) the provisions of any existing law other than
a law to which the provisions of clause (6)
apply, or
(b) the provisions of any law which the state may hereafter make-
(i)for the purpose of imposing or levying
any tax or penalty, or
(ii)for the promotion of public health or
the prevention of danger to life ot
property, or
(iii)in pursuance of any agreement entered
into between the Government of the
Dominion of India or the Government
of India and the Government of any
other country, or otherwise, with res-
pect to property declared by law to be
evacuee property.
(6) Any law of the State enacted not more than
eighteen months before the commencement of this Consti-
tution may within three months from such commencement
be submitted to the President for his certification ; and
thereupon, if the President by public notification so
certifies, it shall not be called in question in any court
on the ground thaf it contravenes the provision of clause
(2) of this article or has contravened the provisions of
sub-section (2) of section 299 of the Government of India
Act, 1935.
NOTES
Policy underlying the Article : This Article based on 8. 299 of the
Government of India Act, 1935, was the result of considerable negotiation
and incorporates what was popularly known as the Munshi-Iyengar formula
which was agreed to as a compromise between two sets of views. This
Article evoked keen controversy in the Constituent Assembly and outside.
This Article limits the rights of eminent domain. In general, the
right of a nation or State to take private property for public use is eminent
or paramount. It is a right that transcends private ownership. It is
inherent in the nature of sovereignty 'that a government shall have the
right 1 to acquire private property for an essential public use even when
the owner of the property objects to giving it up. Otherwise, a Govern-
ment could not perform its functions, because private property is needed
from time to time for fortifications, navy-yards, post-offices, customs
houses, school houses, parks, highways, and so on. '
“Property”—meaning of: At the common law 'property’ signified
ownership, which was exercised in its primary and fullest sense over
physical objects only, and more especially over land. 1 To-day in Consti-
tution Law it covers each and all of the valuable elements of ownership,
and moreover baa tended at times to merge with the more indefinite rights
of 'liberty;' as defined above.
1.In Early England, it was the custom for the Crown to take private
property for its use without giving the owner any compensation at all. The King
was supposed to have what was called the right of "purveyance” and this right
of the King extended to the taking of land, buildings, cattle, grain and in fact
any-
thing the King wanted.
Subtl (2) : "Public Purposes" : When the legislature enacts
certain purposes as public or clothes the Executive with authority so to
notify, the courts cannot question the enactment. Cf. Wijiasekara v.
Vesting, (1919) A. C. 646.
"Compensation" : It is clear on the language of this Article
that a legislation cannot be impugned as not providing a just compen-
sation. The question what is a just compensation is a matter for the
legislature and so long as some compensation is provided for, the
legislation cannot be attacked as invalid.
32. Remedies for enforcement of rights conferred by this Part.—(1)
The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibition,
quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by
clauses (1) and (2), Parliament may by law empower any other court to exercise
within the local limits of its jurisdiction all or any of the powers exercisable
by
the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution.
______________________________________________
17
THE CONSTITUTION OF INDIA
33. Power of Parliament to modify the rights conferred by this Part in
their application to Forces.
Parliament may, by law, determine to what
extent any of the rights conferred by this Part shall, in their application to t
he members
of the Armed Forces or the Forces charged with the maintenance of
public order be restricted or abrogated so as to ensure the proper discharge of
their duties
and the maintenance of discipline among them.
34. Restriction on rights conferred by this Part while martial law is
in force in any area.—Notwithstanding anything in the foregoing provisions
of this Part, Parliament may by law indemnify any person in the service of the
Union or of a State or any other person in respect of any act done by him in
connection with the maintenance or restoration of order in any area within the
territory of India where martial law was in force or validate any sentence
passed, punishment inflicted, forfeiture ordered or other act done under martial
law in such area.
35. Legislation to give effect to the provisions of this Part.—
Notwithstanding anything in this Constitution,—
(a) Parliament shall have, and the Legislature of a State shall not
have, power to make laws—
(i) with respect to any of the matters which under clause (3) of
article 16, clause (3) of article 32, article 33 and article 34 may be
provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared
to be offences under this Part;
and Parliament shall, as soon as may be after the commencement of this
Constitution, make laws for prescribing punishment for the acts referred
to in sub-clause (ii);
18
THE CONSTITUTION OF INDIA
(b) any law in force immediately before the commencement of this
Constitution in the territory of India with respect to any of the matters
referred to in sub-clause (i) of clause (a) or providing for punishment for
any act referred to in sub-clause (ii) of that clause shall, subject to the
terms thereof and to any adaptations and modifications that may be made
therein under article 372, continue in force until altered or repealed or
amended by Parliament.
Explanation.—In this article, the expression "law in force'' has the same
meaning as in article 372.

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PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition.—In this Part, unless the context otherwise requires, “the
State” has the same meaning as in Part III.
37. Application of the principles contained in this Part.—The
provisions contained in this Part shall not be enforceable by any court, but the
principles therein laid down are nevertheless fundamental in the governance of
the country and it shall be the duty of the State to apply these principles in
making laws.
38. State to secure a social order for the promotion of welfare of the
people.— The State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in which justice
,
social, economic and political, shall inform all the institutions of the nationa
l life.
39. Certain principles of policy to be followed by the State.—The
State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an
adequate means of livelihood;
(b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and
the tender age of children are not abused and that citizens are not forced
by economic necessity to enter avocations unsuited to their age or
strength;
(f) that childhood and youth are protected against exploitation and
against moral and material abandonment.
40. Organisation of village panchayats.—The State shall take steps to
organise village panchayats and endow them with such powers and authority as
may be necessary to enable them to function as units of self-government.
41. Right to work, to education and to public assistance in certain
cases.—The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to work, to
education and to public assistance in cases of unemployment, old age, sickness
and disablement, and in other cases of undeserved want.
42. Provision for just and humane conditions of work and maternity
relief.—The State shall make provision for securing just and humane
conditions of work and for maternity relief.
43. Living wage, etc., for workers.—The State shall endeavour to
secure, by suitable legislation or economic organisation or in any other way, to
all workers, agricultural, industrial or otherwise, work, a living wage,
conditions of work ensuring a decent standard of life and full enjoyment of
leisure and social and cultural opportunities and, in particular, the State shal
l
endeavour to promote cottage industries on an individual or co-operative basis
in rural areas.
44. Uniform civil code for the citizens.—The State shall endeavour to
secure for the citizens a uniform civil code throughout the territory of India.
45. The State shall endeavour to provide, within a
period of ten years from the commencement of this
Constitution, for free and compulsory education for all
children until they complete the age of fourteen years.
21
THE CONSTITUTION OF INDIA
46. Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections.—The State shall
promote with special care the educational and economic interests of the weaker
sections of the people, and, in particular, of the Scheduled Castes and the
Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation.
47. Duty of the State to raise the level of nutrition and the standard
of living and to improve public health.—The State shall regard the raising of
the level of nutrition and the standard of living of its people and the
improvement of public health as among its primary duties and, in particular, the
State shall endeavour to bring about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs which are injurious to
health.
48. Organisation of agriculture and animal husbandry.—The State
shall endeavour to organise agriculture and animal husbandry on modern and
scientific lines and shall, in particular, take steps for preserving and improvi
ng
the breeds, and prohibiting the slaughter, of cows and calves and other milch
and draught cattle.
49. Protection of monuments and places and objects of national
importance.—It shall be the obligation of the State to protect every monument
or place or object of artistic or historic interest, declared by Parliament by l
aw
to be of national importance, from spoliation, disfigurement,
destruction, removal, disposal or export, as the case may be.
50. Separation of judiciary from executive.—The State shall take steps
to separate the judiciary from the executive in the public services of the State
.
51. Promotion of international peace and security.—The State shall
endeavour to—
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the
dealings of organised peoples with one another; and
(d) encourage settlement of international disputes by arbitration.

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THE STATES IN PART B OF THE FIRST SCHEDULE
238. The provisions of Part VI shall apply in relation
to the States specified in Part B of the
First Schedule as they apply in relation
to the States specified in Part A of that
Schedule subject to the following modi-
fications and omissions, namely :
(1) For the word "Governor" wherever it occurs in
the said Part VI, except where it occurs for the second
time in clause (6) of article 232, the word "Rajpramukh"
shall be substituted.
(2) In article 152, for the word and letter "Part A"
the word and letter "Part B” shall be substituted.
(3) Articles 155, 156 and 157 shall be omitted.
(4) In article 158,
(i) in clause (1), for the words "be appointed"
the word "becomes" shall be substituted ;
(ii) for clause (3), the following clause shall be
substituted, namely :
"(3) The Rajpramukh shall, unless he has
his own residence in the principal seat
of Government of the State, be entitled
without payment of rent to the use of
an official residence and shall be also
entitled to such allowances and privileges
as the President may, by general or
special order, determine." ;
(iii) in clause (4), the words "emoluments and"
shall be omitted.
(5) In article 159, after the words "seniormost Judge
of that Court available" the words "or in such other manner
as may be prescribed in that behalf by the President"
shall be inserted.
(6) In article 164, for the proviso to clause (1) the
following proviso shall be substituted, namely :
"Provided that in the State of Madhya Bharat there
shall be a Minister in charge of tribal welfare
who may in addition be in charge of the
welfare of the Scheduled Castes and backward
classes for any other work."
(7) In article 168, for clause (1) the following clause
shall be substituted, namely :
"(1) For every State there shall be a Legislature which
shall consist of the Rajpramukh and
(a) in the State of Mysore, two Houses ;
(b) in other States, one House."
(8) In article 186, for the words "as are specified in
the Second Schedule" the words "as the Rajpramukh may
determine" shall be substituted.
(9) In article 195, for the words "as were imme-
diately before the commencement of this Constitution
applicable in the case of members of the Legislative
Assembly of the corresponding Province" the words "as
the Rajpramukh may determine" shall be substituted.
(10) In clause (3) of article 202
(i) for sub-clause (a), the following sub-clause
shall be substituted, namely :
“(a) the allowances of the Rajpramukh and
other expenditure relating to his office
as determined by the President by
general or special order ;"
(ii) for sub- clause (f) the following sub-clauses
shall be substituted, namely :
“(f) in the case of the State of Travaneore-
Cochin, a sum of fifty-one lakhs of
rupees required to be paid annually to
the Devaswom fund under the covenant
entered into before the commencement
of this Constitution by the Rulers of
the Indian States of Travancore and
Cochin for the formation of the United
State of Kerala ;
(g) any other expenditure declared by this
Constitution, or by the Legislature of
the State by law, to be so charged.' 1
(11) In article 208, for clause (2), the following clause
shall be substituted, namely :
"(2) Until rules are made under clause (1), the rules
of procedure and standing orders in force imme-
diately before the commencement of this Consti-
tution with respect to the Legislature for the
State or, where no House of the Legislature for
the State existed, the rules of procedure and
standing orders in force immediately before such
commencement with respect to the Legislative
Assembly of such Province as may be specified in
that behalf by the Rajpramukh of the State, shall
have effect in relation to the Legislature of the
State subject to such modifications and adaptations
as may be made therein by the Speaker of the Legis-
lative Assembly or the Chairman of the Legislative
Council, as the case may be."
(12) In clause (2) of article 214, for the word "Province"
the words "Indian State" shall be substituted.
(13) For article 221, the following article shall be sub-
stituted, namely :
221. (1) There shall be paid to the
Judges of each High Court such salaries
as may be determined by the President
after consultation with the Rajpramukh.
(2) Every Judge shall be entitled to such allowances
and to such rights in respect of leave of
absence and pension as may from time to
time be determined by or under law made by
Parliament and, until so determined, to such
allowances and rights as may be determined by
the President after consultation with the Raj-
pramukh :
Provided that neither the allowances of a Judge nor
his rights in respect of leave of absence or pension
shall be varied to his disadvantage after his
appointment.”

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PART VIII
THE STATES IN PART C OF THE FIRST SCHEDULE
239. (1) Subject to the other provisions of this Part,
a State specified in Part C of the First
Schedule shall be administered by the
President acting, to such extent as he
thinks fit, through a Chief Commissioner or a Lieutenant-
Governor to be appointed by him or through the Govern-
ment of a neighbouring State :
Provided that the President shall not act through the
Government of a neighbouring State save after-
(a) consulting the Government concerned ; and
(b) ascertaining in such manner as the President con-
siders most appropriate the views of the people of
the State to be so administered,
(2) In this article, references to a State shall include
references to a part of a State.
240. (1) Parliament may by law create or continue for
any State specified in Part C of the
First Schedule and administered through
a Chief Commissioner or Lieutenant- Governor
(a) a body, whether nominated, elected or partly
nominated and partly elected, to function as
a Legislature for the State ; or
(b) a Council of Advisors or Ministers,
or both with such constitution, powers and functions,
in each case, as may be specified in the law.
(2) Any such law as is referred to in clause (1) shall
not be deemed to be an amendment of this Constitution
for the purposes of article 368 notwithstanding that it
contains any provision which amends or has the effect of
amending the Constitution.
241. High Courts for Union territories—(1) Parliament may by law
constitute a High Court for a State specified in Part C of the First Schedule
or declare any court in any such
State to be a High Court for all or any of the purposes of this Constitution.
(2) The provisions of Chapter V of Part VI shall apply in relation to
every High Court referred to in clause (1) as they apply in relation to a High
Court referred to in article 214 subject to such modifications or exceptions as
Parliament may by law provide.
(3) Subject to the provisions of this Constitution and
to the provisions of any law of the appropriate Legislature
made by virtue of powers conferred on that Legislature by
or under this Constitution, every High Court exercising
jurisdiction immediately before the commencement of this
Constitution in relation to any State specified in Part C
of the First Schedule or any area included therein shall
continue to exercise such jurisdiction in relation to that
State or area after such commencement.
(4) Nothing in this article derogates from the power
of Parliament to extend or exclude the jurisdiction of a
High Court in any State specified in Part A or Part B of the
First Schedule to or from, any State specified in Part C
of that Schedule or any area included within that State.
242. Coorg-(1) Until Parliament by law otherwise provides,
the constitution, powers and functions of
the Coorg Legislative Council shall be the
same as they were immediately before the commencement
of this Constitution.
(2) The arrangements with respect to revenues col-
lected in Coorg and expenses in respect of Coorg shall, until
other provision is made in that behalf by the President by
order, continue unchanged.

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PART IX
THE TERRITORIES IN PART D OF THE FIRST
SCHEDULE AND OTHER TERRITORIES
NOT SPECIFIED IN THAT SCHEDULE
243 Administration of territories specified in PART D
of the First Schedule and other
territories not specified in that Schedule
(1) Any territory specified in Part D of the First
Schedule and any Other territory COm-
prised within the territory of India but
not specified in that Schedule shall be
administered by the President acting, to
such extent as he thinks fit, through a
Chief Commissioner or other authority to be appointed by
him.
(2) The President may make regulations for the peace
and good government of any such territory and any regu-
lations so made may repeal or amend any law made by
Parliament or any existing law which is for the time being
applicable to such territory and, when promulgated by the
President, shall have the same force and effect as an Act
of Parliament which applies to such territory,

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THE CONSTITUTION OF INDIA
P REAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a SOVEREIGN DEMOCRATIC REPUBLIC and
to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.

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FIRST SCHEDULE
(Articles 1, 4 and 391)
The States and the territories of India
PART A
Name Territories
1. Andhra Pradesh... The territories specified in sub- section (1) of section 3
of the Andhra State Act, 1953, and the territories specified in sub- section (1)
of section 3 of the States Reorganisation Act, 1956.
2. Assam...... The territories which immediately before the commencement of this
Constitution were comprised in the Province of Assam, the Khasi States and the
Assam Tribal Areas, but excluding the terri- tories specified in the Schedule to
the Assam (Alteration of Boundaries) Act, 1951.
The territory of the State of Bihar shall comprise the territories which immedia
tely before the commencement of this Constitution were either comprised in the P
rovince of Bihar or were being administered as if they formed part of that Provi
nce, but shall not include the territories specified in sub- section (1) of sect
ion 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956 . The ter
ritory of the State of West Bengal shall comprise the territories which immediat
ely before the commencement of this Constitution were either comprised in the Pr
ovince of West Bengal or were being administered as if they formed part of that
Province and the territory of Chandernagore as defined in clause (c) of section
2 of the Chandernagore (Merger) Act, 1954 , and also the territories specified i
n sub- section (1) of section 3 of the Bihar and West Bengal (Transfer of Territ
ories) Act, 1956 .
3. Bihar...... The territories which immediately before the commencement of this
Constitution were either comprised in the Province of Bihar or were being admin
istered as if they formed part of that Province. 1. The word and letter" Part. A
" omitted by the Adaptation of Laws (No. 1) Order, 1956.
4. Bombay..... The territories specified in sub- section (1) of section 8 of the
States Reorgan- isation Act, 1956.
5. Kerala..... The territories specified in sub- section (1) of section 5 of the
States Reorgan- isation Act, 1956.
6. Madhya Pradesh... The territories specified in sub- section (1) of section 9
of the States Reorgan- isation Act, 1956.
7. Madras..... The territories which immediately before the commencement of this
Constitution were either comprised in the Province of Madras or were being admi
nistered as if they formed part of that Province and the territories specified i
n section 4 of the States Reorganisation Act, 1956, but excluding the territorie
s specified in sub- section (1) of section 3 and sub- section (1) of section 4 o
f the Andhra State Act, 1953, and the territo- ries specified in clause (b) of s
ub- section (1) of section 5, section 6 and clause (d) of sub- section (1) of se
ction 7 of the States Reorganisation Act, 1956.
8. Mysore..... The territories specified in sub- section (1) of section 7 of the
States Reogani- sation Act, 1956.
9. Orissa..... The territories which immediately before the commencement of this
Constitution were either comprised in the Province of Orissa or were being admi
nistered as if they formed part of that Province.
10. Punjab..... The territories specified in section 11 of the States Reorganisa
tion Act, 1956.
11. Rajasthan.... The territories specified in section 10 of the States Reorgani
sation Act, 1956.
12. Uttar Pradesh... The territories which immediately before the commencement o
f this Constitution were either comprised in the Province known as the United Pr
ovinces or were being administered as if they formed part of that Province.
13. West Bengal.... The territories which immediately before the commencement of
this Constitution were either comprised in the Province of West Bengal or were
being administered as if they formed part of that Province.
PART B Name Territory
1. Jammu and Kashmir.. The territory which immediately before the commencement o
f this Constitution was comprised in the Indian State of Jammu and Kashmir.
PART C Name Territory
1. Delhi...... The territory which immediately before the commencement of this C
onstitution was comprised in the Chief Commissioner' s Province of Delhi.
2. Himachal Pradesh.. The territories which immediately before the commencement
of the Himachal Pradesh and Bilaspur (New State) Act, 1954, were comprised in th
e States of Himachal Pradesh and Bilaspur.
3. Manipur..... The territory which immediately before the commencement of this
Constitution was be- ing administered as if it were a Chief Commissioner' s Prov
ince under the name of Manipur.
4. Tripura..... The territory which immediately before the commencement of this
Constitution was being administered as if it were a Chief Commissioner' s Provin
ce under the name of Tripura.
5. The Laccadive, Minic- The territory specified in section 6 of the oy and Admi
ndivi States Reorganisation Act, 1956 ." Islands.
PART D
The Andaman and Nicobar Islands.

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SECOND SCHEDULE
[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221]
PART A
PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES SPECIFIED IN PART A O
F THE FIRST SCHEDULE
1. There shall be paid to the President and to the Governors of the States speci
fied in Part A of the First Schedule
the following emoluments per mensem, that is to say:—
The President
……
10,000 rupees*.
……
5,500 rupees**.
The Governor of a State
2. There shall also be paid to the President and to the Governors of the
States so specified such allowances as were payable respectively to the Governor
-General
of the Dominion of India and to the Governors of the corresponding Provinces
immediately before the commencement of this Constitution.
3. The President and the Governors of such States throughout their respective
terms of office shall be entitled to the same privileges to which the GovernorGe
neral and the Governors of the corresponding Provinces were respectively
entitled immediately before the commencement of this Constitution.
4. While the Vice-President or any other person is discharging the
functions of, or is acting as, President, or any person is discharging the
functions of the Governor, he shall be entitled to the same emoluments,
allowances and privileges as the President or the Governor whose functions he
discharges or for whom he acts, as the case may be.
PABT B
Provisions as to the Ministers for the Union and for the States in
Part A and Part B of the First Schedule
5. There shall be paid to the Prime Minister and to
each of the other Ministers for the Union such salaries and
allowances as were payable respectively to the Prime Minister
and to each of the other Ministers for the Dominion of India
immediately before the commencement of this Constitution.
6 There shall be paid to the Ministers for any State
specified in Part A or Part B of the First Schedule such
salaries and allowances as were payable to such Ministers
for the corresponding Province or the corresponding Indian
State, as the case may be, immediately before the com-
mencement of this Constitution.
PART C
PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE
OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
OF THE COUNCIL OF STATES AND THE SPEAKER AND THE
DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY OF A STATE IN PART A OF THE FIRST SCH
EDULE
AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
OF THE LEGISLATIVE COUNCIL OF ANY SUCH STATE
7. There shall be paid to the Speaker of the House of the People and the
Chairman of the Council of States such salaries and allowances as were payable
______________________________________________
* Now 1,50,000 rupees, vide Act 28 of 2008, s. 2 (w.e.f. 1-1-2006).
** Now 1,10,000 rupees, vide Act 1 of 2009, s. 3 (w.e.f. 1-1-2006).
224
225
THE CONSTITUTION OF INDIA
to the Speaker of the Constituent Assembly of the Dominion of India
immediately before the commencement of this Constitution, and there shall be
paid to the Deputy Speaker of the House of the People and to the Deputy
Chairman of the Council of States such salaries and allowances as were payable
to the Deputy Speaker of the Constituent Assembly of the Dominion of India
immediately before such commencement.
8. There shall be paid to the Speaker and the Deputy Speaker of the
Legislative Assembly of a State specified in Part A of the First Schedule
and to the Chairman and the Deputy Chairman of the
Legislative Council of such State such salaries and allowances as were payable
respectively to the Speaker and the Deputy Speaker of the Legislative
Assembly and the President and the Deputy President of the Legislative
Council of the corresponding Province immediately before the commencement
of this Constitution and, where the corresponding Province had no Legislative
Council immediately before such commencement, there shall be paid to the
Chairman and the Deputy Chairman of the Legislative Council of the State
such salaries and allowances as the Governor of the State may determine.
PART D
PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE
HIGH COURTS in States in PART A of the FIRST Schedule
9. (1) There shall be paid to the Judges of the Supreme Court, in respect of tim
e
spent on actual service, salary at the following rates per mensem, that is to sa
y:—
The Chief Justice
..
5,000 rupees. *
Any other Judge
..
4,000 rupees. **
Provided that if a Judge of the Supreme Court at the time of his
appointment is in receipt of a pension (other than a disability or wound
pension) in respect of any previous service under the Government of India or
any of its predecessor Governments or under the Government of a State or any
of its predecessor Governments, his salary in respect of service in the Supreme
Court shall be reduced by the amount of that pension.
(2) Every Judge of the Supreme Court shall be entitled without payment
of rent to the use of an official residence.
(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge
who, immediately before the commencement of this Constitution,—
(a) was holding office as the Chief Justice of the Federal Court and
has become on such commencement the Chief Justice of the Supreme
Court under clause (1) of article 374, or
(b) was holding office as any other Judge of the Federal Court and
has on such commencement become a Judge (other than the Chief
Justice) of the Supreme Court under the said clause,
during the period he holds office as such Chief Justice or other Judge, and
every Judge who so becomes the Chief Justice or other Judge of the Supreme
Court shall, in respect of time spent on actual service as such Chief Justice or
other Judge, as the case may be, be entitled to receive in addition to the salar
y
specified in sub-paragraph (1) of this paragraph as special pay an amount
equivalent to the difference between the salary so specified and the salary
which he was drawing immediately before such commencement.
(4) Every Judge of the Supreme Court shall receive such reasonable
allowances to reimburse him for expenses incurred in travelling on duty within
the territory of India and shall be afforded such reasonable facilities in
connection with travelling as the President may from time to time prescribe.
(5) The rights in respect of leave of absence (including leave allowances)
and pension of the Judges of the Supreme Court shall be governed by the
provisions which, immediately before the commencement of this Constitution,
were applicable to the Judges of the Federal Court.
10.(1) There shall be paid to the Judges of the High
Court of each State specified in Part A of the First Schedule,
in respect of time spent on actual service, salary at the follow-
ing rates per mensem, that is to say : >
The Chief Justice . . . . .. 4,000 rupees
Any other Judge . . . . . . 3,500 rupees
(2) Every person who immediately before the commencement of this
Constitution—
(a) was holding office as the Chief Justice of a High Court in any
Province and has on such commencement become the Chief Justice of the
High Court in the corresponding State under clause (1) of article 376, or
(b) was holding office as any other Judge of a High Court in any Province
and has on such commencement become a Judge (other than the Chief
Justice) of the High Court in the corresponding State under the said clause,
shall, if he was immediately before such commencement drawing a salary at a
rate higher than that specified in sub-paragraph (1) of this paragraph, be
entitled to receive in respect of time spent on actual service as such Chief
Justice or other Judge, as the case may be, in addition to the salary specified
in
the said sub-paragraph as special pay an amount equivalent to the difference
between the salary so specified and the salary which he was drawing
immediately before such commencement.
(3) Every Judge of a High Court shall receive such
reasonable allowances to reimburse him for expenses incurred
in travelling on duty within the territory of India and shall
be afforded such reasonable facilities in connection with travel-
ling as the President may from time to time prescribe.
(4) The rights in respect of leave of absence (including
leave allowances) and pension of the Judges of the High Court
of any State shall be governed by the provisions which,
immediately before the commencement of this Constitution,
were applicable to the Judges of the High Court in the cor-
responding Province.
228
THE CONSTITUTION OF INDIA
11. In this Part, unless the context otherwise requires,—
(a) the expression “Chief Justice” includes an acting Chief Justice,
and a “Judge” includes an ad hoc Judge;
(b) “actual service” includes—
(i) time spent by a Judge on duty as a Judge or in the performance
of such other functions as he may at the request of the President
undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent
on leave; and
(iii) joining time on transfer from a High Court to the Supreme
Court or from one High Court to another.
PART E
PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA
12. (1) There shall be paid to the Comptroller and Auditor-General of
India a salary at the rate of *four thousand rupees per mensem.
(2) The person who was holding office immediately before the
commencement of this Constitution as Auditor-General of India and has
become on such commencement the Comptroller and Auditor-General of India
under artcle 377 shall in addition to the salary specified in sub-paragraph (1)
of
this paragraph be entitled to receive as special pay an amount equivalent to the
difference between the salary so specified and the salary which he was drawing
as Auditor-General of India immediately before such commencement.
(3) The rights in respect of leave of absence and pension and the other
conditions of service of the Comptroller and Auditor-General of India shall be
governed or shall continue to be governed, as the case may be, by the
provisions which were applicable to the Auditor-General of India immediately
before the commencement of this Constitution and all references in those
provisions to the Governor-General shall be construed as references to the
President.
______________________________________________
* The Comptroller and Auditor-General of India shall be paid a salary equal to t
he salary
of the Judges of the Supreme Court vide s. 3 of Act 56 of 1971. The salary of Ju
dges of
the Supreme Court has been raised to Rs.90,000 per mensem by Act 23 of 2009, s.
8
(w.e.f. 1-1-2006).

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THIRD SCHEDULE
[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219] 
Forms of Oaths or Affirmations
I
Form of oath of office for a Minister for the Union:—
“I, A. B., do swear in the name of God that I will bear true faith
solemnly affirm
and allegiance to the Constitution of India as by law established,
that I will faithfully
and conscientiously discharge my duties as a Minister for the Union and
that I will do right to all manner of people in accordance with the
Constitution and the law, without fear or favour, affection or ill-will.”
II
Form of oath of secrecy for a Minister for the Union:—
“I, A.B., do swear in the name of God that I will not directly or
solemnly affirm
indirectly communicate or reveal to any person or persons any matter
which shall be brought under my consideration or shall become known
to me as a Minister for the Union except as may be required for the due
discharge of my duties as such Minister.”
III
Form of oath or affirmation to be made by a member of
Parliament :-
"I, A. B., having been elected (or nominated) a mem-
ber of the Council of States (or the House of the People) do
swear in the name of God/solemnly affirm that I will bear true faith and
allegiance to the Constitution of India as by law established
and that I will faithfully discharge the duty upon which I
am about to enter”.
IV
Form of oath or affirmation to be made by the Judges of the Supreme
Court and the Comptroller and Auditor-General of India:—
“I, A.B., having been appointed Chief Justice (or a Judge) of the
Supreme Court of India (or Comptroller and Auditor-General of
India) do swear in the name of God that I will bear true faith and
solemnly affirm
faith and allegiance to the Constitution of India as by law established,
that I will duly
and faithfully and to the best of my ability, knowledge and judgment
perform the duties of my office without fear or favour, affection or illwill and
that I will uphold the Constitution and the laws.”
V
Form of oath of office for a Minister for a State:—
“I, A.B., do swear in the name of God that I will bear true faith
solemnly affirm
and allegiance to the Constitution of India as by law established, that I will f
aithfully
and conscientiously discharge my duties as a Minister for the State of
..........and that I will do right to all manner of people in accordance with
the Constitution and the law without fear or favour, affection or ill-will.”
231
THE CONSTITUTION OF INDIA
VI
Form of oath of secrecy for a Minister for a State:—
“I, A.B., do swear in the name of God that I will not directly or
solemnly affirm
indirectly communicate or reveal to any person or persons any matter
which shall be brought under my consideration or shall become known to
me as a Minister for the State of ....................except as may be required
for
the due discharge of my duties as such Minister.”
VII
Form of oath or affirmation to be made by a member
of the Legislature of a State :-
"I, A.B., having been elected (or nominated) a member
of the Legislative Assembly (or Legislative Council), do
swear in the name of God
/ solemnly affirm that I will bear true faith and
allegiance to the Constitution of India as by law established
and that I will faithfully discharge the duty upon which I
am about to enter.”
232
THE CONSTITUTION OF INDIA
VIII
Form of oath or affirmation to be made by the Judges of a High Court:—
“I, A.B., having been appointed Chief Justice (or a Judge) of the High
Court at (or of) ………-….. do swear in the name of God that I will bear
solemnly affirm
true faith and allegiance to the Constitution of India as by law
established, that I
will duly and faithfully and to the best of my ability, knowledge and
judgment perform the duties of my office without fear or favour, affection
or ill-will and that I will uphold the Constitution and the laws.”

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FOURTH SCHEDULE
[Article 4 (l), 80 (2) and 391]
Allocation of seats in the Council of Stales
To each State or group of States specified in the first
column cf the table of seats appended to this Schedule there
shall be allotted the number of seats specified in the second
column of the said table opposite to that State or group of
States, as the case may be.
TABLE OF SEATS
1. Andhra Pradesh . . . . . . . . . . 18
2. Assam . . . . . . . . . . . . . 6
3. Bihar . . . . . . . . . . . . . 22
4. Bombay . . . . . . . . . . . . . 27
5. Kerala . . . . . . . . . . . . . 9
6. Madhya Pradesh . . . . . . . . . . 16
7. Madras . . . . . . . . . . . . 17
8. Mysore . . . . . . . . . . . . 12
9. Orissa . . . . . . . . . . . . 9
10. Punjab . . . . . . . . . . . . 11
11. Rajasthan . . . . . . . . . . . 10
12. Uttar Pradesh . . . . . . . . . . 31
13. West Bengal . . . . . . . . . . . 16
14. Jammu and Kashmir . . . . . . . . . 4
15. Delhi . . . . . . . . . . . . . 1
16. Himachal Pradesh . . . . . . . . . 1
17. Manipur| . . . . . . . . . . . . 1
18. Tripura . . . . . . . . . . . . .
------- 211”. -------

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FIFTH SCHEDULE
[Article 244(1)]
Provisions as to the Administration and Control of Scheduled Areas and
Scheduled Tribes
PART A
GENERAL
1. Interpretation.—In this Schedule, unless the context otherwise
requires, the expression “State” means a State specified in Part A or Part B
of the First Schedule but
does not include the States of Assam and Meghalaya.
2. Executive power of a State in Scheduled Areas.—Subject to the
provisions of this Schedule, the executive power of a State extends to the
Scheduled Areas therein.
3. Report by the Governor or Rajpramukh to the President regarding the
administration of Scheduled Areas.—The Governor of each State having
Scheduled Areas therein shall annually, or whenever so required by the President
,
make a report to the President regarding the administration of the Scheduled
Areas in that State and the executive power of the Union shall extend to the
giving of directions to the State as to the administration of the said areas.
PART B
ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND
SCHEDULED TRIBES
4. Tribes Advisory Council.—(1) There shall be established in each
State having Scheduled Areas therein and, if the President so directs, also in
any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes
Advisory Council consisting of not more than twenty members of whom, as
nearly as may be, three-fourths shall be the representatives of the Scheduled
Tribes in the Legislative Assembly of the State:
Provided that if the number of representatives of the Scheduled Tribes in
the Legislative Assembly of the State is less than the number of seats in the
Tribes Advisory Council to be filled by such representatives, the remaining
seats shall be filled by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such
matters pertaining to the welfare and advancement of the Scheduled Tribes in
the State as may be referred to them by the Governor or Rajpramukh, as the case
may be.
235
236
THE CONSTITUTION OF INDIA
(3) The Governor or Rajpramukh may make rules prescribing or regulating, as the
case
may be,—
(a) the number of members of the Council, the mode of their
appointment and the appointment of the Chairman of the Council and of
the officers and servants thereof;
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters.
5. Law applicable to Scheduled Areas.—(1) Notwithstanding anything
in this Constitution, the Governor or Rajpramukh, as the case may be, may by pub
lic notification direct that any
particular Act of Parliament or of the Legislature of the State shall not apply
to
a Scheduled Area or any part thereof in the State or shall apply to a Scheduled
Area or any part thereof in the State subject to such exceptions and
modifications as he may specify in the notification and any direction given
under this sub-paragraph may be given so as to have retrospective effect.
(2) The Governor or Rajpramukh, as the case may be, may make regulations for the
peace and good
government of any area in a State which is for the time being a Scheduled Area.
In particular and without prejudice to the generality of the foregoing
power, such regulations may—
(a) prohibit or restrict the transfer of land by or among members
of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled
Tribes in such area;
(c) regulate the carrying on of business as money-lender by
persons who lend money to members of the Scheduled Tribes in such
area.
(3) In making any such regulation as is referred to in sub-paragraph (2)
of this paragraph, the Governor or Rajpramukh may repeal or amend any Act of Par
liament or
of the Legislature of the State or any existing law which is for the time being
applicable to the area in question.
(4) All regulations made under this paragraph shall be submitted
forthwith to the President and, until assented to by him, shall have no effect.
237
THE CONSTITUTION OF INDIA
(5) No regulation shall be made under this paragraph unless the
Governor or the Rajpramukh making the regulation has, in the case where there is
a Tribes
Advisory Council for the State, consulted such Council.
PART C
SCHEDULED AREAS
6. Scheduled Areas.—(1) In this Constitution, the expression
“Scheduled Areas” means such areas as the President may by order 1 declare t
o
be Scheduled Areas.
(2) The President may at any time by order 2 —
(a) direct that the whole or any specified part of a Scheduled Area
shall cease to be a Scheduled Area or a part of such an area;
(aa) increase the area of any Scheduled Area in a State after
consultation with the Governor of that State;
(b) alter, but only by way of rectification of boundaries, any
Scheduled Area;
(c) on any alteration of the boundaries of a State or on the
admission into the Union or the establishment of a new State, declare
any territory not previously included in any State to be, or to form part
of, a Scheduled Area;
(d) rescind, in relation to any State or States, any order or orders
made under this paragraph, and in consultation with the Governor of the
State concerned, make fresh orders redefining the areas which are to be
Scheduled Areas;
and any such order may contain such incidental and consequential provisions as
appear to the President to be necessary and proper, but save as aforesaid, the
order made under sub-paragraph (1) of this paragraph shall not be varied by
any subsequent order.
______________________________________________
1. See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9), the Scheduled A
reas (Part B States)
Order, 1950 (C.O.26), the Scheduled Areas (Himachal Pradesh) Order, 1975 (C.O. 1
02) and the
Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 197
7 (C.O. 109).
2. See the Madras Scheduled Areas (Cessor) Order, 1950 (C.O. 30) and the Andhra
Scheduled Areas
(Cessor) Order, 1955 (C.O. 50).
238
THE CONSTITUTION OF INDIA
PART D
AMENDMENT OF THE SCHEDULE
7. Amendment of the Schedule.—(1) Parliament may from time to time
by law amend by way of addition, variation or repeal any of the provisions of
this Schedule and, when the Schedule is so amended, any reference to this
Schedule in this Constitution shall be construed as a reference to such Schedule
as so amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph
shall be deemed to be an amendment of this Constitution for the purposes of
article 368.

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SEVENTH SCHEDULE
(Article 246)
List I—Union List
1. Defence of India and every part thereof including preparation for
defence and all such acts as may be conducive in times of war to its prosecution
and after its termination to effective demobilisation.
2. Naval, military and air forces; any other armed forces of the Union.
3. Delimitation of cantonment areas, local self-government in such areas,
the constitution and powers within such areas of cantonment authorities and the
regulation of house accommodation (including the control of rents) in such
areas.
4. Naval, military and air force works.
5. Arms, firearms, ammunition and explosives.
6. Atomic energy and mineral resources necessary for its production.
7. Industries declared by Parliament by law to be necessary for the
purpose of defence or for the prosecution of war.
8. Central Bureau of Intelligence and Investigation.
9. Preventive detention for reasons connected with Defence, Foreign
Affairs, or the security of India; persons subjected to such detention.
10. Foreign affairs; all matters which bring the Union into relation with
any foreign country.
11. Diplomatic, consular and trade representation.
12. United Nations Organisation.
13. Participation in international conferences, associations and other
bodies and implementing of decisions made thereat.
14. Entering into treaties and agreements with foreign countries and
implementing of treaties, agreements and conventions with foreign countries.
264
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15. War and peace.
16. Foreign jurisdiction.
17. Citizenship, naturalisation and aliens.
18. Extradition.
19. Admission into, and emigration and expulsion from, India; passports
and visas.
20. Pilgrimages to places outside India.
21. Piracies and crimes committed on the high seas or in the air; offences
against the law of nations committed on land or the high seas or in the air.
22. Railways.
23. Highways declared by or under law made by Parliament to be national
highways.
24. Shipping and navigation on inland waterways, declared by Parliament
by law to be national waterways, as regards mechanically propelled vessels; the
rule of the road on such waterways.
25. Maritime shipping and navigation, including shipping and navigation
on tidal waters; provision of education and training for the mercantile marine
and regulation of such education and training provided by States and other
agencies.
26. Lighthouses, including lightships, beacons and other provision for the
safety of shipping and aircraft.
27. Ports declared by or under law made by Parliament or existing law to
be major ports, including their delimitation, and the constitution and powers of
port authorities therein.
28. Port quarantine, including hospitals connected therewith; seamen's and
marine hospitals.
29. Airways; aircraft and air navigation; provision of aerodromes;
regulation and organisation of air traffic and of aerodromes; provision for
aeronautical education and training and regulation of such education and
training provided by States and other agencies.
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30. Carriage of passengers and goods by railway, sea or air, or by national
waterways in mechanically propelled vessels.
31. Posts and telegraphs; telephones, wireless, broadcasting and other like
forms of communication.
32. Property of the Union and the revenue therefrom, but as regards
property situated in a State specified in Part A or Part B of the First Schedule
subject to legislation by the State, save in so far as
Parliament by law otherwise provides.
33. Acquisition or requisitioning of property for the
purposes of the Union.
34. Courts of wards for the estates of Rulers of Indian States.
35. Public debt of the Union.
36. Currency, coinage and legal tender; foreign exchange.
37. Foreign loans.
38. Reserve Bank of India.
39. Post Office Savings Bank.
40. Lotteries organised by the Government of India or the Government of
a State.
41. Trade and commerce with foreign countries; import and export across
customs frontiers; definition of customs frontiers.
42. Inter-State trade and commerce.
43. Incorporation, regulation and winding up of trading corporations,
including banking, insurance and financial corporations, but not including coope
rative societies.
44. Incorporation, regulation and winding up of corporations, whether
trading or not, with objects not confined to one State, but not including
universities.
45. Banking.
46. Bills of exchange, cheques, promissory notes and other like
instruments.
47. Insurance.
48. Stock exchanges and futures markets.
49. Patents, inventions and designs; copyright; trade-marks and
merchandise marks.
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50. Establishment of standards of weight and measure.
51. Establishment of standards of quality for goods to be exported out of
India or transported from one State to another.
52. Industries, the control of which by the Union is declared by Parliament
by law to be expedient in the public interest.
53. Regulation and development of oilfields and mineral oil resources;
petroleum and petroleum products; other liquids and substances declared by
Parliament by law to be dangerously inflammable.
54. Regulation of mines and mineral development to the extent to which
such regulation and development under the control of the Union is declared by
Parliament by law to be expedient in the public interest.
55. Regulation of labour and safety in mines and oilfields.
56. Regulation and development of inter-State rivers and river valleys to
the extent to which such regulation and development under the control of the
Union is declared by Parliament by law to be expedient in the public interest.
57. Fishing and fisheries beyond territorial waters.
58. Manufacture, supply and distribution of salt by Union agencies;
regulation and control of manufacture, supply and distribution of salt by other
agencies.
59. Cultivation, manufacture, and sale for export, of opium.
60. Sanctioning of cinematograph films for exhibition.
61. Industrial disputes concerning Union employees.
62. The institutions known at the commencement of this Constitution as
the National Library, the Indian Museum, the Imperial War Museum, the
Victoria Memorial and the Indian War Memorial, and any other like institution
financed by the Government of India wholly or in part and declared by
Parliament by law to be an institution of national importance.
63. The institutions known at the commencement of this Constitution as the
Benares Hindu University, the Aligarh Muslim University and the Delhi University
and any other institution
declared by Parliament by law to be an institution of national importance.
64. Institutions for scientific or technical education financed by the
Government of India wholly or in part and declared by Parliament by law to be
institutions of national importance.
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65. Union agencies and institutions for—
(a) professional, vocational or technical training, including the
training of police officers; or
(b) the promotion of special studies or research; or
(c) scientific or technical assistance in the investigation or detection
of crime.
66. Co-ordination and determination of standards in institutions for higher
education or research and scientific and technical institutions.
67. Ancient and historical monuments and records, and archaeological
sites and remains, declared by Parliament by law to be of
national importance.
68. The Survey of India, the Geological, Botanical, Zoological and
Anthropological Surveys of India; Meteorological organisations.
69. Census.
70. Union Public Service; All-India Services; Union Public Service
Commission.
71. Union pensions, that is to say, pensions payable by the Government of
India or out of the Consolidated Fund of India.
72. Elections to Parliament, to the Legislatures of States and to the offices
of President and Vice-President; the Election Commission.
73. Salaries and allowances of members of Parliament, the Chairman and
Deputy Chairman of the Council of States and the Speaker and Deputy Speaker
of the House of the People.
74. Powers, privileges and immunities of each House of Parliament and of
the members and the Committees of each House; enforcement of attendance of
persons for giving evidence or producing documents before committees of
Parliament or commissions appointed by Parliament.
75. Emoluments, allowances, privileges, and rights in respect of leave of
absence, of the President and Governors; salaries and allowances of the
Ministers for the Union; the salaries, allowances, and rights in respect of leav
e
of absence and other conditions of service of the Comptroller and AuditorGeneral
.
76. Audit of the accounts of the Union and of the States.
77. Constitution, organisation, jurisdiction and powers of the Supreme
Court (including contempt of such Court), and the fees taken therein; persons
entitled to practise before the Supreme Court.
269
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78. Constitution and organisation of the High Courts
except provisions as to officers and servants of High Courts; persons entitled t
o
practise before the High Courts.
79. Extension of the jurisdiction of a High Court having its principal seat in a
ny State to, and exclusion of the
jurisdiction of any such High Court from, any area outside that State.
80. Extension of the powers and jurisdiction of members of a police force
belonging to any State to any area outside that State, but not so as to enable t
he
police of one State to exercise powers and jurisdiction in any area outside that
State without the consent of the Government of the State in which such area is
situated; extension of the powers and jurisdiction of members of a police force
belonging to any State to railway areas outside that State.
81. Inter-State migration; inter-State quarantine.
82. Taxes on income other than agricultural income.
83. Duties of customs including export duties.
84. Duties of excise on tobacco and other goods manufactured or produced
in India except—
(a) alcoholic liquors for human consumption;
(b) opium, Indian hemp and other narcotic drugs and narcotics,
but including medicinal and toilet preparations containing alcohol or any
substance included in sub-paragraph (b) of this entry.
85. Corporation tax.
86. Taxes on the capital value of the assets, exclusive of agricultural land,
of individuals and companies; taxes on the capital of companies.
87. Estate duty in respect of property other than agricultural land.
88. Duties in respect of succession to property other than agricultural land.
89. Terminal taxes on goods or passengers, carried by railway, sea or air;
taxes on railway fares and freights.
90. Taxes other than stamp duties on transactions in stock exchanges and
futures markets.
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91. Rates of stamp duty in respect of bills of exchange, cheques,
promissory notes, bills of lading, letters of credit, policies of insurance, tra
nsfer
of shares, debentures, proxies and receipts.
92. Taxes on the sale or purchase of newspapers and on advertisements
published therein.
93. Offences against laws with respect to any of the matters in this List.
94. Inquires, surveys and statistics for the purpose of any of the matters in
this List.
95. Jurisdiction and powers of all courts, except the Supreme Court, with
respect to any of the matters in this List; admiralty jurisdiction.
96. Fees in respect of any of the matters in this List, but not including fees
taken in any court.
97. Any other matter not enumerated in List II or List III including any tax
not mentioned in either of those Lists.
List II—State List
1. Public order (but not including the use of any naval, military or air force
or any other armed force of the Union).
2. Police (including railway and village police).
3. Administration of justice; constitution
and organisation of all courts, except the Supreme Court and the High
Court; officers and servants of the High Court; procedure in rent and revenue
courts; fees taken in all courts except the Supreme Court.
4. Prisons, reformatories, Borstal institutions and other institutions of a
like nature, and persons detained therein; arrangements with other States for th
e
use of prisons and other institutions.
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5. Local government, that is to say, the constitution and powers of
municipal corporations, improvement trusts, districts boards, mining settlement
authorities and other local authorities for the purpose of local self-government
or village administration.
6. Public health and sanitation; hospitals and dispensaries.
7. Pilgrimages, other than pilgrimages to places outside India.
8. Intoxicating liquors, that is to say, the production, manufacture,
possession, transport, purchase and sale of intoxicating liquors.
9. Relief of the disabled and unemployable.
10. Burials and burial grounds; cremations and cremation grounds.
11. Education including universities, subject to the
provisions of entries 63, 64, C5 and 66 of List I and entry 25
of List III.
12. Libraries, museums and other similar institutions controlled or
financed by the State; ancient and historical monuments and records other than
those declared by Parliament by law to be of national
importance.
13. Communications, that is to say, roads, bridges, ferries, and other
means of communication not specified in List I; municipal tramways;
ropeways; inland waterways and traffic thereon subject to the provisions of List
I and List III with regard to such waterways; vehicles other than mechanically
propelled vehicles.
14. Agriculture, including agricultural education and research, protection
against pests and prevention of plant diseases.
15. Preservation, protection and improvement of stock and prevention of
animal diseases; veterinary training and practice.
16. Pounds and the prevention of cattle trespass.
17. Water, that is to say, water supplies, irrigation and canals, drainage
and embankments, water storage and water power subject to the provisions of
entry 56 of List I.
18. Land, that is to say, rights in or over land, land tenures including the
relation of landlord and tenant, and the collection of rents; transfer and
alienation of agricultural land; land improvement and agricultural loans;
colonization.
19. Forests.
20. Protection of wild animals and birds.
272
THE CONSTITUTION OF INDIA
21. Fisheries.
22. Courts of wards subject to the provisions of entry 34 of List I;
encumbered and attached estates.
23. Regulation of mines and mineral development subject to the
provisions of List I with respect to regulation and development under the
control of the Union.
24. Industries subject to the provisions of entry 52 of List I.
25. Gas and gas-works.
26. Trade and commerce within the State subject to the provisions of entry
33 of List III.
27. Production, supply and distribution of goods subject to the provisions
of entry 33 of List III.
28. Markets and fairs.
29. Weights and measures except establishment of
standards.
30. Money-lending and money-lenders; relief of agricultural indebtedness.
31. Inns and inn-keepers.
32. Incorporation, regulation and winding up of corporations, other than
those specified in List I, and universities; unincorporated trading, literary,
scientific, religious and other societies and associations; co-operative societi
es.
33. Theatres and dramatic performances; cinemas subject to the provisions
of entry 60 of List I; sports, entertainments and amusements.
34. Betting and gambling.
35. Works, lands and buildings vested in or in the possession of the State.
36. Acquisition or requisitioning of property, except
for the purposes of the Union, subject to the provisions of
entry 42 of List III.
37. Elections to the Legislature of the State subject to the provisions of
any law made by Parliament.
38. Salaries and allowances of members of the Legislature of the State, of
the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a
Legislative Council, of the Chairman and Deputy Chairman thereof.
39. Powers, privileges and immunities of the Legislative Assembly and of
the members and the committees thereof, and, if there is a Legislative Council,
of that Council and of the members and the committees thereof; enforcement of
attendance of persons for giving evidence or producing documents before
committees of the Legislature of the State.
273
THE CONSTITUTION OF INDIA
40. Salaries and allowances of Ministers for the State.
41. State public services; State Public Service Commission.
42. State pensions, that is to say, pensions payable by the State or out of
the Consolidated Fund of the State.
43. Public debt of the State.
44. Treasure trove.
45. Land revenue, including the assessment and collection of revenue, the
maintenance of land records, survey for revenue purposes and records of rights,
and alienation of revenues.
46. Taxes on agricultural income.
47. Duties in respect of succession to agricultural land.
48. Estate duty in respect of agricultural land.
49. Taxes on lands and buildings.
50. Taxes on mineral rights subject to any limitations imposed by
Parliament by law relating to mineral development.
51. Duties of excise on the following goods manufactured or produced in
the State and countervailing duties at the same or lower rates on similar goods
manufactured or produced elsewhere in India:—
(a) alcoholic liquors for human consumption;
(b) opium, Indian hemp and other narcotic drugs and narcotics,
but not including medicinal and toilet preparations containing alcohol or any
substance included in sub-paragraph (b) of this entry.
52. Taxes on the entry of goods into a local area for consumption, use or
sale therein.
53. Taxes on the consumption or sale of electricity.
54. Taxes on the sale or purchase of goods other than newspapers.
55. Taxes on advertisements other than advertisements published in the
newspapers.
56. Taxes on goods and passengers carried by road or on inland
waterways.
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57. Taxes on vehicles, whether mechanically propelled or not, suitable for
use on roads, including tramcars subject to the provisions of entry 35 of List I
II.
58. Taxes on animals and boats.
59. Tolls.
60. Taxes on professions, trades, callings and employments.
61. Capitation taxes.
62. Taxes on luxuries, including taxes on entertainments, amusements,
betting and gambling.
63. Rates of stamp duty in respect of documents other than those specified
in the provisions of List I with regard to rates of stamp duty.
64. Offences against laws with respect to any of the matters in this List.
65. Jurisdiction and powers of all courts, except the Supreme Court, with
respect to any of the matters in this List.
66. Fees in respect of any of the matters in this List, but not including fees
taken in any court.
List III—Concurrent List
1. Criminal law, including all matters included in the Indian Penal Code
at the commencement of this Constitution but excluding offences against laws
with respect to any of the matters specified in List I or List II and excluding
the
use of naval, military or air forces or any other armed forces of the Union in a
id
of the civil power.
2. Criminal procedure, including all matters included in the Code of
Criminal Procedure at the commencement of this Constitution.
3. Preventive detention for reasons connected with the security of a State,
the maintenance of public order, or the maintenance of supplies and services
essential to the community; persons subjected to such detention.
4. Removal from one State to another State of prisoners, accused persons
and persons subjected to preventive detention for reasons specified in entry 3 o
f
this List.
5. Marriage and divorce; infants and minors; adoption; wills, intestacy
and succession; joint family and partition; all matters in respect of which
parties in judicial proceedings were immediately before the commencement of
this Constitution subject to their personal law.
THE CONSTITUTION OF INDIA
275
6. Transfer of property other than agricultural land; registration of deeds
and documents.
7. Contracts, including partnership, agency, contracts of carriage, and
other special forms of contracts, but not including contracts relating to
agricultural land.
8. Actionable wrongs.
9. Bankruptcy and insolvency.
10. Trust and Trustees.
11. Administrators-general and official trustees.
12. Evidence and oaths; recognition of laws, public acts and records, and
judicial proceedings.
13. Civil procedure, including all matters included in the Code of Civil
Procedure at the commencement of this Constitution, limitation and arbitration.
14. Contempt of court, but not including contempt of the Supreme Court.
15. Vagrancy; nomadic and migratory tribes.
16. Lunacy and mental deficiency, including places for the reception or
treatment of lunatics and mental deficients.
17. Prevention of cruelty to animals.
18. Adulteration of foodstuffs and other goods.
19. Drugs and poisons, subject to the provisions of entry 59 of List I with
respect to opium.
20. Economic and social planning.
21. Commercial and industrial monopolies, combines and trusts.
276
THE CONSTITUTION OF INDIA
22. Trade unions; industrial and labour disputes.
23. Social security and social insurance; employment and unemployment.
24. Welfare of labour including conditions of work, provident funds,
employers' liability, workmen's compensation, invalidity and old age pensions
and maternity benefits.
25. Vocational and technical training of labour.
26. Legal, medical and other professions.
27. Relief and rehabilitation of persons displaced from their original place
of residence by reason of the setting up of the Dominions of India and Pakistan.
28. Charities and charitable institutions, charitable and religious
endowments and religious institutions.
29. Prevention of the extension from one State to another of infectious or
contagious diseases or pests affecting men, animals or plants.
30. Vital statistics including registration of births and deaths.
31. Ports other than those declared by or under law made by Parliament or
existing law to be major ports.
32. Shipping and navigation on inland waterways as regards mechanically
propelled vessels, and the rule of the road on such waterways, and the carriage
of passengers and goods on inland waterways subject to the provisions of List I
with respect to national waterways.
33. Trade and commerce in and the production, supply
and distribution of- the products of industries where the
control of such industries by the Union is declared by
Parliament by law to be expedient in the public interest.
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THE CONSTITUTION OF INDIA
34. Price control.
35. Mechanically propelled vehicles including the principles on which
taxes on such vehicles are to be levied.
36. Factories
37. Boilers.
38. Electricity.
39. Newspapers, books and printing presses.
40. Archaeological sites and remains other than those declared by Parliament by
law
to be of national importance.
41. Custody, management and disposal of property (including agricultural
land) declared by law to be evacuee property.
42. Principles on which compensation for property
acquired or requisitioned for the purposes of the Union or of
a State or for any other public purpose is to be determined,
and the form and the manner in which such compensation
is to be given.
43. Recovery in a State of claims in respect of taxes and other public
demands, including arrears of land-revenue and sums recoverable as such
arrears, arising outside that State.
44. Stamp duties other than duties or fees collected by means of judicial
stamps, but not including rates of stamp duty.
45. Inquiries and statistics for the purposes of any of the matters specified
in List II or List III.
46. Jurisdiction and powers of all courts, except the Supreme Court, with
respect to any of the matters in this List.
47. Fees in respect of any of the matters in this List, but not including fees
taken in any court.

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EIGHTH SCHEDULE
[Articles 344(1) and 351]
Languages
1. Assamese.
2. Bengali.
3. Gujarati.
4. Hindi.
5. Kannada.
6. Kashmiri.
7. Malayalam.
8. Marathi.
9. Oriya
10. Punjabi.
11. Sanskrit.
12. Tamil.
13. Telugu.
14. Urdu
278