commit 17228ff16488603c7d4ba8ccb548094c291e2ba7 Author: Abhay Rana Date: Thu Apr 23 12:59:52 2015 +0530 AMENDMENT_ORIGINAL_26011950 diff --git a/PART1.txt b/PART1.txt new file mode 100644 index 0000000..20d16cf --- /dev/null +++ b/PART1.txt @@ -0,0 +1,57 @@ +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. + + \ No newline at end of file diff --git a/PART10.txt b/PART10.txt new file mode 100644 index 0000000..d3c6fe2 --- /dev/null +++ b/PART10.txt @@ -0,0 +1,13 @@ +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. + + + \ No newline at end of file diff --git a/PART11.txt b/PART11.txt new file mode 100644 index 0000000..27506ba --- /dev/null +++ b/PART11.txt @@ -0,0 +1,302 @@ +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. + + \ No newline at end of file diff --git a/PART12.txt b/PART12.txt new file mode 100644 index 0000000..76c8c24 --- /dev/null +++ b/PART12.txt @@ -0,0 +1,698 @@ +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 India”, 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 State”. +(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 India” 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 State” +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 “prescribed” 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 income” 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 +interested” 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 proceeds”, etc.—(1) In the foregoing +provisions of this Chapter, “net proceeds” 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 force” 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 “Ruler” and “Indian State + +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. + + \ No newline at end of file diff --git a/PART13.txt b/PART13.txt new file mode 100644 index 0000000..93f1c7b --- /dev/null +++ b/PART13.txt @@ -0,0 +1,78 @@ +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. + + \ No newline at end of file diff --git a/PART14.txt b/PART14.txt new file mode 100644 index 0000000..e6e81f5 --- /dev/null +++ b/PART14.txt @@ -0,0 +1,348 @@ +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. + + 154 + +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; + + 155 + +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. + + 156 + +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. + + 157 + +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. + + \ No newline at end of file diff --git a/PART15.txt b/PART15.txt new file mode 100644 index 0000000..e356180 --- /dev/null +++ b/PART15.txt @@ -0,0 +1,106 @@ +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. + + + + \ No newline at end of file diff --git a/PART16.txt b/PART16.txt new file mode 100644 index 0000000..7ea7c75 --- /dev/null +++ b/PART16.txt @@ -0,0 +1,220 @@ +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. + + diff --git a/PART17.txt b/PART17.txt new file mode 100644 index 0000000..3c0100e --- /dev/null +++ b/PART17.txt @@ -0,0 +1,163 @@ +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. + + 177 + +THE CONSTITUTION OF INDIA + +(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. + + 178 + +THE CONSTITUTION OF INDIA + +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. + + \ No newline at end of file diff --git a/PART18.txt b/PART18.txt new file mode 100644 index 0000000..876dbf6 --- /dev/null +++ b/PART18.txt @@ -0,0 +1,249 @@ +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. + 181 + +THE CONSTITUTION OF INDIA + + + +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 + +THE CONSTITUTION OF INDIA + +(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: + + 183 + +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 + +THE CONSTITUTION OF INDIA + +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. + + \ No newline at end of file diff --git a/PART19.txt b/PART19.txt new file mode 100644 index 0000000..24841df --- /dev/null +++ b/PART19.txt @@ -0,0 +1,263 @@ +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 + +THE CONSTITUTION OF INDIA + +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. + + 197 + +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. + + \ No newline at end of file diff --git a/PART2.txt b/PART2.txt new file mode 100644 index 0000000..b511870 --- /dev/null +++ b/PART2.txt @@ -0,0 +1,75 @@ +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. + + \ No newline at end of file diff --git a/PART20.txt b/PART20.txt new file mode 100644 index 0000000..f8a23c6 --- /dev/null +++ b/PART20.txt @@ -0,0 +1,41 @@ +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. + + + +198 + + \ No newline at end of file diff --git a/PART21.txt b/PART21.txt new file mode 100644 index 0000000..d976618 --- /dev/null +++ b/PART21.txt @@ -0,0 +1,541 @@ +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. + + \ No newline at end of file diff --git a/PART22.txt b/PART22.txt new file mode 100644 index 0000000..228f3c5 --- /dev/null +++ b/PART22.txt @@ -0,0 +1,17 @@ +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. + +217 + + \ No newline at end of file diff --git a/PART3.txt b/PART3.txt new file mode 100644 index 0000000..ab978b2 --- /dev/null +++ b/PART3.txt @@ -0,0 +1,471 @@ +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. + + \ No newline at end of file diff --git a/PART4.txt b/PART4.txt new file mode 100644 index 0000000..dd2ea19 --- /dev/null +++ b/PART4.txt @@ -0,0 +1,103 @@ +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. + + \ No newline at end of file diff --git a/PART5.txt b/PART5.txt new file mode 100644 index 0000000..88844f3 --- /dev/null +++ b/PART5.txt @@ -0,0 +1,1720 @@ +PART V +THE UNION +CHAPTER I.—THE EXECUTIVE +The President and Vice-President +52. The President of India.—There shall be a President of India. +53. Executive power of the Union.—(1) The executive power of the Union +shall be vested in the President and shall be exercised by him either directly o +r +through officers subordinate to him in accordance with this Constitution. +(2) Without prejudice to the generality of the foregoing provision, the +supreme command of the Defence Forces of the Union shall be vested in the +President and the exercise thereof shall be regulated by law. +(3) Nothing in this article shall— +(a) be deemed to transfer to the President any functions conferred +by any existing law on the Government of any State or other authority; or +(b) prevent Parliament from conferring by law functions on +authorities other than the President. +54. Election of President.—The President shall be elected by the +members of an electoral college consisting of— +(a) the elected members of both Houses of Parliament; and +(b) the elected members of the Legislative Assemblies of the States. + +55. Manner of election of President.—(1) As far as practicable, there +shall be uniformity in the scale of representation of the different States at th +e +election of the President. +(2) For the purpose of securing such uniformity among the States inter se +as well as parity between the States as a whole and the Union, the number of +votes which each elected member of Parliament and of the Legislative +Assembly of each State is entitled to cast at such election shall be determined +in +the following manner:— +(a) every elected member of the Legislative Assembly of a State shall +have as many votes as there are multiples of one thousand in the quotient +obtained by dividing the population of the State by the total number of +the elected members of the Assembly; + +______________________________________________ +* Now Puducherry vide the Pondicherry (Alteration of Name) Act, 2006, s.3 (w.e.f +. 1-10-2006). + +23 + + 24 + +THE CONSTITUTION OF INDIA + +(b) if, after taking the said multiples of one thousand, the remainder is +not less than five hundred, then the vote of each member referred to in +sub-clause (a) shall be further increased by one; +(c) each elected member of either House of Parliament shall have +such number of votes as may be obtained by dividing the total number of +votes assigned to the members of the Legislative Assemblies of the +States under sub-clauses (a) and (b) by the total number of the elected +members of both Houses of Parliament, fractions exceeding one-half +being counted as one and other fractions being disregarded. +(3) The election of the President shall be held in accordance with the +system of proportional representation by means of the single transferable vote +and the voting at such election shall be by secret ballot. +Explanation.—In this article, the expression “population” means the +population as ascertained at the last preceding census of which the relevant +figures have been published: + +56. Term of office of President.—(1) The President shall hold office for +a term of five years from the date on which he enters upon his office: +Provided that— +(a) the President may, by writing under his hand addressed to the +Vice-President, resign his office; +(b) the President may, for violation of the Constitution, be removed +from office by impeachment in the manner provided in article 61; +(c) the President shall, notwithstanding the expiration of his term, +continue to hold office until his successor enters upon his office. +(2) Any resignation addressed to the Vice-President under clause (a) of +the proviso to clause (1) shall forthwith be communicated by him to the +Speaker of the House of the People. +57. Eligibility for re-election.—A person who holds, or who has held, +office as President shall, subject to the other provisions of this Constitution, + be +eligible for re-election to that office. + + 25 + +THE CONSTITUTION OF INDIA + +58. Qualifications for election as President.—(1) No person shall be +eligible for election as President unless he— +(a) is a citizen of India, +(b) has completed the age of thirty-five years, and +(c) is qualified for election as a member of the House of the People. +(2) A person shall not be eligible for election as President if he holds +any office of profit under the Government of India or the Government of any +State or under any local or other authority subject to the control of any of the +said Governments. +Explanation.—For the purposes of this article, a person shall not be +deemed to hold any office of profit by reason only that he is the President or +Vice-President of the Union or the Governor of any State or Rajpramukh or Uparaj +pramukh or is a Minister either +for the Union or for any State. +59. Conditions of President's office.—(1) The President shall not be a +member of either House of Parliament or of a House of the Legislature of any +State, and if a member of either House of Parliament or of a House of the +Legislature of any State be elected President, he shall be deemed to have +vacated his seat in that House on the date on which he enters upon his office as +President. +(2) The President shall not hold any other office of profit. +(3) The President shall be entitled without payment of rent to the use of +his official residences and shall be also entitled to such emoluments, +allowances and privileges as may be determined by Parliament by law and, +until provision in that behalf is so made, such emoluments, allowances and +privileges as are specified in the Second Schedule. +(4) The emoluments and allowances of the President shall not be +diminished during his term of office. +60. Oath or affirmation by the President.—Every President and every +person acting as President or discharging the functions of the President shall, +before entering upon his office, make and subscribe in the presence of the Chief +Justice of India or, in his absence, the senior-most Judge of the Supreme Court +available, an oath or affirmation in the following form, that is to say— +"I, A.B., do swear in the name of God that I will faithfully execute the office +solemnly affirm +of President (or discharge the functions of the President) of India and will to +the best +of my ability preserve, protect and defend the Constitution and the law and that +I will devote myself to the service and well-being of the people of India.". + + 26 + +THE CONSTITUTION OF INDIA + +61. Procedure for impeachment of the President.—(1) When a +President is to be impeached for violation of the Constitution, the charge shall +be preferred by either House of Parliament. +(2) No such charge shall be preferred unless— +(a) the proposal to prefer such charge is contained in a resolution +which has been moved after at least fourteen days' notice in writing +signed by not less than one-fourth of the total number of members of the +House has been given of their intention to move the resolution, and +(b) such resolution has been passed by a majority of not less than +two-thirds of the total membership of the House. +(3) When a charge has been so preferred by either House of Parliament, +the other House shall investigate the charge or cause the charge to be +investigated and the President shall have the right to appear and to be +represented at such investigation. +(4) If as a result of the investigation a resolution is passed by a majority +of not less than two-thirds of the total membership of the House by which the +charge was investigated or caused to be investigated, declaring that the charge +preferred against the President has been sustained, such resolution shall have +the effect of removing the President from his office as from the date on which +the resolution is so passed. +62. Time of holding election to fill vacancy in the office of President +and the term of office of person elected to fill casual vacancy.—(1) An +election to fill a vacancy caused by the expiration of the term of office of +President shall be completed before the expiration of the term. +(2) An election to fill a vacancy in the office of President occurring by +reason of his death, resignation or removal, or otherwise shall be held as soon +as possible after, and in no case later than six months from, the date of +occurrence of the vacancy; and the person elected to fill the vacancy shall, +subject to the provisions of article 56, be entitled to hold office for the full + term +of five years from the date on which he enters upon his office. +63. The Vice-President of India.—There shall be a Vice-President of India. +64. The Vice-President to be ex officio Chairman of the Council of +States.—The Vice-President shall be ex officio Chairman of the Council of the +States and shall not hold any other office of profit: +Provided that during any period when the Vice-President acts as +President or discharges the functions of the President under article 65, he shal +l +not perform the duties of the office of Chairman of the Council of States and +shall not be entitled to any salary or allowance payable to the Chairman of the +Council of States under article 97. + + 27 + +THE CONSTITUTION OF INDIA + +65. The Vice-President to act as President or to discharge his +functions during casual vacancies in the office, or during the absence, +of President.—(1) In the event of the occurrence of any vacancy in the office +of the President by reason of his death, resignation or removal, or otherwise, +the Vice-President shall act as President until the date on which a new +President elected in accordance with the provisions of this Chapter to fill such +vacancy enters upon his office. +(2) When the President is unable to discharge his functions owing to +absence, illness or any other cause, the Vice-President shall discharge his +functions until the date on which the President resumes his duties. +(3) The Vice-President shall, during, and in respect of, the period while +he is so acting as, or discharging the functions of, President, have all the +powers and immunities of the President and be entitled to such emoluments, +allowances and privileges as may be determined by Parliament by law and, +until provision in that behalf is so made, such emoluments, allowances and +privileges as are specified in the Second Schedule. +66. Election of Vice-President.—(1) The Vice-President shall be +elected by the members of both Houses of Parliament +assembled at a joint meeting in accordance with the system of proportional +representation by means of the single transferable vote and the voting at such +election shall be by secret ballot. +(2) The Vice-President shall not be a member of either House of +Parliament or of a House of the Legislature of any State, and if a member of +either House of Parliament or of a House of the Legislature of any State be +elected Vice-President, he shall be deemed to have vacated his seat in that +House on the date on which he enters upon his office as Vice-President. +(3) No person shall be eligible for election as Vice-President unless he— +(a) is a citizen of India; +(b) has completed the age of thirty-five years; and +(c) is qualified for election as a member of the Council of States. +(4) A person shall not be eligible for election as Vice-President if he +holds any office of profit under the Government of India or the Government of +any State or under any local or other authority subject to the control of any of +the said Governments. + + 28 + +THE CONSTITUTION OF INDIA + +Explanation.— For the purposes of this article, a person shall not be +deemed to hold any office of profit by reason only that he is the President or +Vice-President of the Union or the Governor of any State or Rajpramukh or Uparaj +pramukh +or is a Minister either +for the Union or for any State. +67. Term of office of Vice-President.—The Vice-President shall hold +office for a term of five years from the date on which he enters upon his office +: +Provided that— +(a) a Vice-President may, by writing under his hand addressed to the +President, resign his office; +(b) a Vice-President may be removed from his office by a resolution +of the Council of States passed by a majority of all the then members of +the Council and agreed to by the House of the People; but no resolution +for the purpose of this clause shall be moved unless at least fourteen +days' notice has been given of the intention to move the resolution; +(c) a Vice-President shall, notwithstanding the expiration of his term, +continue to hold office until his successor enters upon his office. +68. Time of holding election to fill vacancy in the office of VicePresident and +the term of office of person elected to fill casual vacancy.— +(1) An election to fill a vacancy caused by the expiration of the term of office +of Vice-President shall be completed before the expiration of the term. +(2) An election to fill a vacancy in the office of Vice-President +occurring by reason of his death, resignation or removal, or otherwise shall be +held as soon as possible after the occurrence of the vacancy, and the person +elected to fill the vacancy shall, subject to the provisions of article 67, be +entitled to hold office for the full term of five years from the date on which h +e +enters upon his office. +69. Oath or affirmation by the Vice-President.—Every VicePresident shall, befo +re entering upon his office, make and subscribe before the +President, or some person appointed in that behalf by him, an oath or +affirmation in the following form, that is to say— +"I, A.B., do swear in the name of God that I will bear true +faith and +solemnly affirm +allegiance to the Constitution of India as by law established and that I will fa +ithfully +discharge the duty upon which I am about to enter.". + + 29 + +THE CONSTITUTION OF INDIA + +70. Discharge of President's functions in other contingencies.— +Parliament may make such provisions as it thinks fit for the discharge of the +functions of the President in any contingency not provided for in this Chapter. + +71. (1) All doubts and disputes arising out of or in +connection with the election of a President +or Vice- President shall be inquired into +and decided by the Supreme Court whose +decision shall be final. + +(2) If the election of a person as President or Vice- +President is declared void by the Supreme Court, acts done +by him in the exercise and performance of the powers and +duties of the office of President or Vice- President, as the +case may be, on or before the date of the decision of the +Supreme Court shall not be invalidated by reason of that +declaration. + +(3) Subject to the provisions of this Constitution, +Parliament may by law regulate any matter relating to or +connected with the election of a President or Vice-President. + + +72. Power of President to grant pardons, etc., and to suspend, remit +or commute sentences in certain cases.—(1) The President shall have the +power to grant pardons, reprieves, respites or remissions of punishment or to +suspend, remit or commute the sentence of any person convicted of any +offence— +(a) in all cases where the punishment or sentence is by a Court +Martial; +(b) in all cases where the punishment or sentence is for an offence +against any law relating to a matter to which the executive power of the +Union extends; +(c) in all cases where the sentence is a sentence of death. +(2) Nothing in sub-clause (a) of clause (1) shall affect the power +conferred by law on any officer of the Armed Forces of the Union to suspend, +remit or commute a sentence passed by a Court Martial. +(3) Nothing in sub-clause (c) of clause (1) shall affect the power to +suspend, remit or commute a sentence of death exercisable by the Governor or Raj +pramukh +of a State under any law for the time being in force. + + 30 + +THE CONSTITUTION OF INDIA + +73. Extent of executive power of the Union.—(1) Subject to the +provisions of this Constitution, the executive power of the Union shall extend + +(a) to the matters with respect to which Parliament has power to make +laws; and +(b) to the exercise of such rights, authority and jurisdiction as are +exercisable by the Government of India by virtue of any treaty or +agreement: +Provided that the executive power referred to in sub-clause (a) shall not, +save as expressly provided in this Constitution or in any law made by Parliament +, +extend in any State to matters with respect to which the Legislature of the Stat +e +has also power to make laws. +(2) Until otherwise provided by Parliament, a State and any officer or +authority of a State may, notwithstanding anything in this article, continue to +exercise in matters with respect to which Parliament has power to make laws for +that State such executive power or functions as the State or officer or authorit +y +thereof could exercise immediately before the commencement of this +Constitution. +Council of Ministers +74. Council of Ministers to aid and advise President.— (1) There shall +be a Council of Ministers with the Prime Minister at the head to aid and advise +the President in the exercise of his functions. +(2) The question whether any, and if so what, advice was tendered by +Ministers to the President shall not be inquired into in any court. +75. Other provisions as to Ministers.—(1) The Prime Minister shall be +appointed by the President and the other Ministers shall be appointed by the +President on the advice of the Prime Minister. + + 31 + +THE CONSTITUTION OF INDIA + +(2) The Ministers shall hold office during the pleasure of the President. +(3) The Council of Ministers shall be collectively responsible to the House +of the People. +(4) Before a Minister enters upon his office, the President shall administer +to him the oaths of office and of secrecy according to the forms set out for the +purpose in the Third Schedule. +(5) A Minister who for any period of six consecutive months is not a +member of either House of Parliament shall at the expiration of that period ceas +e +to be a Minister. +(6) The salaries and allowances of Ministers shall be such as Parliament +may from time to time by law determine and, until Parliament so determines, +shall be as specified in the Second Schedule. +The Attorney-General for India +76. Attorney-General for India.—(1) The President shall appoint a +person who is qualified to be appointed a Judge of the Supreme Court to be +Attorney-General for India. +(2) It shall be the duty of the Attorney-General to give advice to the +Government of India upon such legal matters, and to perform such other duties +of a legal character, as may from time to time be referred or assigned to him by +the President, and to discharge the functions conferred on him by or under this +Constitution or any other law for the time being in force. +(3) In the performance of his duties the Attorney-General shall have +right of audience in all courts in the territory of India. +(4) The Attorney-General shall hold office during the pleasure of the +President, and shall receive such remuneration as the President may determine. +Conduct of Government Business +77. Conduct of business of the Government of India.—(1) All +executive action of the Government of India shall be expressed to be taken in +the name of the President. + + 32 + +THE CONSTITUTION OF INDIA + +(2) Orders and other instruments made and executed in the name of the +President shall be authenticated in such manner as may be specified in rules 1 t +o +be made by the President, and the validity of an order or instrument which is so +authenticated shall not be called in question on the ground that it is not an or +der +or instrument made or executed by the President. +(3) The President shall make rules for the more convenient transaction +of the business of the Government of India, and for the allocation among +Ministers of the said business. + +78. Duties of Prime Minister as respects the furnishing of information +to the President, etc.—It shall be the duty of the Prime Minister— +(a) to communicate to the President all decisions of the Council of +Ministers relating to the administration of the affairs of the Union and +proposals for legislation; +(b) to furnish such information relating to the administration of the +affairs of the Union and proposals for legislation as the President may +call for; and +(c) if the President so requires, to submit for the consideration of the +Council of Ministers any matter on which a decision has been taken by a +Minister but which has not been considered by the Council. +CHAPTER II.—PARLIAMENT +General +79. Constitution of Parliament.—There shall be a Parliament for the +Union which shall consist of the President and two Houses to be known +respectively as the Council of States and the House of the People. +80. Composition of the Council of States.—(1) The Council of States shall cons +ist of— +(a) twelve members to be nominated by the President in accordance +with the provisions of clause (3); and +(b) not more than two hundred and thirty-eight representatives of +the States. + +______________________________________________ +1. See Notification No. S. O. 2297, dated the 3rd November, 1958, Gazette of Ind +ia, Extraordinary, +1958, Pt. II, Sec. 3 (ii), p. 1315, as amended from time to time. + + 33 + +THE CONSTITUTION OF INDIA + +(2) The allocation of seats in the Council of States to be filled by +representatives of the States shall be in accordance +with the provisions in that behalf contained in the Fourth Schedule. +(3) The members to be nominated by the President under sub-clause (a) +of clause (1) shall consist of persons having special knowledge or practical +experience in respect of such matters as the following, namely:— +Literature, science, art and social service. +(4) The representatives of each State specified in Part A or Part B of the First + Schedule +in the Council of States shall be +elected by the elected members of the Legislative Assembly of the State in +accordance with the system of proportional representation by means of the +single transferable vote. +(5) The representatives of the States specified in Part of the First Schedule + in the Council of States +shall be chosen in such manner as Parliament may by law prescribe. + + +81. (1) (a) Subject to the provisions of clause (2) and +of articles 82 and 331, the House of the +People shall consist of not more than five +hundred members directly elected by the +voters in the States. + +(b) For the purpose of sub-clause (a), the States +shall be divided, grouped or formed into terri- +torial constituencies and the number of mem- +bers to be allotted to each such constituency +shall be so determined as to ensure that there +shall be not less than one member for every 750,000 of the population and +not more than +one member for every 500,000 of the popu- +lation. + +(c) The ratio between the number of members +allotted to each territorial constituency and +the population of that constituency as ascer- +tained at the last preceding census of which +the relevant figures have been published shall, +so far as practicable, be the same throughout the +territory of India. + +(2) The representation in the House of the People of +the territories comprised within the territory of India but +not included within any State shall be such as Parliament +may by law provide. + +(3) Upon the completion of each census, the re- +presentation of the several territorial constituencies in the +House of the People shall be readjusted by such authority, +in such manner and with effect from such date as Parlia- +ment may by law determine : + +Provided that such readjustment shall not affect +representation in the House of the People until the dissolu- +tion of the then existing House. + THE CONSTITUTION OF INDIA + +34 + +82. Notwithstanding anything in clause (I) of article +81, Parliament may by law provide for the +representation in the House of the People +of any State specified in Part C of the First +Schedule or of any territories com- +prised within the territory of India but not included within +any State on a basis or in a manner other than that +provided in that clause. + +83. Duration of Houses of Parliament.—(1) The Council of States +shall not be subject to dissolution, but as nearly as possible one-third of the +members thereof shall retire as soon as may be on the expiration of every +second year in accordance with the provisions made in that behalf by +Parliament by law. +(2) The House of the People, unless sooner dissolved, shall continue for +five years from the date appointed for its first meeting and no longer and the +expiration of the said period of five years shall operate as a dissolution of th +e +House: + + 35 + +THE CONSTITUTION OF INDIA + +Provided that the said period may, while a Proclamation of Emergency is +in operation, be extended by Parliament by law for a period not exceeding one +year at a time and not extending in any case beyond a period of six months after +the Proclamation has ceased to operate. +84. Qualification for membership of Parliament.—A person shall not +be qualified to be chosen to fill a seat in Parliament unless he— +(a) is a citizen of India; +(b) is, in the case of a seat in the Council of States, not less than thirty +years of age and, in the case of a seat in the House of the People, not less +than twenty-five years of age; and +(c) possesses such other qualifications as may be prescribed in that +behalf by or under any law made by Parliament. + +85. (1) The Houses of Parliament shall be summoned +to meet twice at least in every year, and +six months shall not intervene between +their last sitting in one session and the +date appointed for their first sitting in the next session. + +(2) Subject to the provisions of clause (1), the President +may from time to time +(a) summon the Houses or either House to meet at +such time and place as he thinks fit; +(b) prorogue the Houses; +(c) dissolve the House of the People. + +86. Right of President to address and send messages to Houses.—(1) +The President may address either House of Parliament or both Houses +assembled together, and for that purpose require the attendance of members. +(2) The President may send messages to either House of Parliament, +whether with respect to a Bill then pending in Parliament or otherwise, and a +House to which any message is so sent shall with all convenient despatch +consider any matter required by the message to be taken into consideration. + + 36 + +THE CONSTITUTION OF INDIA + +87. Special address by the President.—(1) At the commencement of +every session the President shall address both +Houses of Parliament assembled together and inform Parliament of the causes +of its summons. +(2) Provision shall be made by the rules regulating the procedure of +either House for the allotment of time for discussion of the matters referred to +in such address and for the precedence of such +discussion over other business of the House. +88. Rights of Ministers and Attorney-General as respects Houses.— +Every Minister and the Attorney-General of India shall have the right to speak +in, and otherwise to take part in the proceedings of, either House, any joint +sitting of the Houses, and any committee of Parliament of which he may be +named a member, but shall not by virtue of this article be entitled to vote. +Officers of Parliament +89. The Chairman and Deputy Chairman of the Council of States.—(1) +The Vice- President of India shall be ex officio Chairman of the Council of Stat +es. +(2) The Council of States shall, as soon as may be, choose a member of +the Council to be Deputy Chairman thereof and, so often as the office of +Deputy Chairman becomes vacant, the Council shall choose another member to +be Deputy Chairman thereof. +90. Vacation and resignation of, and removal from, the office of +Deputy Chairman.—A member holding office as Deputy Chairman of the +Council of States— +(a) shall vacate his office if he ceases to be a member of the Council; +(b) may at any time, by writing under his hand addressed to the +Chairman, resign his office; and +(c) may be removed from his office by a resolution of the Council +passed by a majority of all the then members of the Council: +Provided that no resolution for the purpose of clause (c) shall be moved +unless at least fourteen days’ notice has been given of the intention to move +the +resolution. +91. Power of the Deputy Chairman or other person to perform the +duties of the office of, or to act as, Chairman.—(1) While the office of +Chairman is vacant, or during any period when the Vice-President is acting as, +or discharging the functions of, President, the duties of the office shall be +performed by the Deputy Chairman, or, if the office of Deputy Chairman is +also vacant, by such member of the Council of States as the President may +appoint for the purpose. + + 37 + +THE CONSTITUTION OF INDIA + +(2) During the absence of the Chairman from any sitting of the Council of +States the Deputy Chairman, or, if he is also absent, such person as may be +determined by the rules of procedure of the Council, or, if no such person is pr +esent, +such other person as may be determined by the Council, shall act as Chairman. +92. The Chairman or the Deputy Chairman not to preside while a +resolution for his removal from office is under consideration.—(1) At any +sitting of the Council of States, while any resolution for the removal of the +Vice-President from his office is under consideration, the Chairman, or while +any resolution for the removal of the Deputy Chairman from his office is under +consideration, the Deputy Chairman, shall not, though he is present, preside, +and the provisions of clause (2) of article 91 shall apply in relation to every +such sitting as they apply in relation to a sitting from which the Chairman, or, +as the case may be, the Deputy Chairman, is absent. +(2) The Chairman shall have the right to speak in, and otherwise to take +part in the proceedings of, the Council of States while any resolution for the +removal of the Vice-President from his office is under consideration in the +Council, but, notwithstanding anything in article 100, shall not be entitled to +vote at all on such resolution or on any other matter during such proceedings. +93. The Speaker and Deputy Speaker of the House of the People.— +The House of the People shall, as soon as may be, choose two members of the +House to be respectively Speaker and Deputy Speaker thereof and, so often as +the office of Speaker or Deputy Speaker becomes vacant, the House shall +choose another member to be Speaker or Deputy Speaker, as the case may be. +94. Vacation and resignation of, and removal from, the offices of +Speaker and Deputy Speaker.— A member holding office as Speaker or +Deputy Speaker of the House of the People— +(a) shall vacate his office if he ceases to be a member of the House of +the People; +(b) may at any time, by writing under his hand addressed, if such +member is the Speaker, to the Deputy Speaker, and if such member is +the Deputy Speaker, to the Speaker, resign his office; and +(c) may be removed from his office by a resolution of the House of +the People passed by a majority of all the then members of the House: +Provided that no resolution for the purpose of clause (c) shall be moved +unless at least fourteen days’ notice has been given of the intention to move +the +resolution: + + 38 + +THE CONSTITUTION OF INDIA + +Provided further that, whenever the House of the People is dissolved, the +Speaker shall not vacate his office until immediately before the first meeting o +f +the House of the People after the dissolution. +95. Power of the Deputy Speaker or other person to perform the +duties of the office of, or to act as, Speaker.—(1) While the office of Speake +r +is vacant, the duties of the office shall be performed by the Deputy Speaker or, +if the office of Deputy Speaker is also vacant, by such member of the House of +the People as the President may appoint for the purpose. +(2) During the absence of the Speaker from any sitting of the House of the +People the Deputy Speaker or, if he is also absent, such person as may be determ +ined +by the rules of procedure of the House, or, if no such person is present, such o +ther +person as may be determined by the House, shall act as Speaker. +96. The Speaker or the Deputy Speaker not to preside while a +resolution for his removal from office is under consideration.— (1) At any +sitting of the House of the People, while any resolution for the removal of the +Speaker from his office is under consideration, the Speaker, or while any +resolution for the removal of the Deputy Speaker from his office is under +consideration, the Deputy Speaker, shall not, though he is present, preside, and +the provisions of clause (2) of article 95 shall apply in relation to every such +sitting as they apply in relation to a sitting from which the Speaker, or, as th +e +case may be, the Deputy Speaker, is absent. +(2) The Speaker shall have the right to speak in, and otherwise to take +part in the proceedings of, the House of the People while any resolution for his +removal from office is under consideration in the House and shall, +notwithstanding anything in article 100, be entitled to vote only in the first +instance on such resolution or on any other matter during such proceedings but +not in the case of an equality of votes. +97. Salaries and allowances of the Chairman and Deputy Chairman +and the Speaker and Deputy Speaker.— There shall be paid to the Chairman +and the Deputy Chairman of the Council of States, and to the Speaker and the +Deputy Speaker of the House of the People, such salaries and allowances as +may be respectively fixed by Parliament by law and, until provision in that +behalf is so made, such salaries and allowances as are specified in the Second +Schedule. +98. Secretariat of Parliament.— (1) Each House of Parliament shall +have a separate secretarial staff: + + 39 + +THE CONSTITUTION OF INDIA + +Provided that nothing in this clause shall be construed as preventing the +creation of posts common to both Houses of Parliament. +(2) Parliament may by law regulate the recruitment, and the conditions +of service of persons appointed, to the secretarial staff of either House of +Parliament. +(3) Until provision is made by Parliament under clause (2), the President +may, after consultation with the Speaker of the House of the People or the +Chairman of the Council of States, as the case may be, make rules regulating +the recruitment, and the conditions of service of persons appointed, to the +secretarial staff of the House of the People or the Council of States, and any +rules so made shall have effect subject to the provisions of any law made under +the said clause. +Conduct of Business +99. Oath or affirmation by members.— Every member of either House +of Parliament shall, before taking his seat, make and subscribe before the +President, or some person appointed in that behalf by him, an oath or +affirmation according to the form set out for the purpose in the Third Schedule. +100. Voting in Houses, power of Houses to act notwithstanding +vacancies and quorum.— (1) Save as otherwise provided in this Constitution, +all questions at any sitting of either House or joint sitting of the Houses shal +l be +determined by a majority of votes of the members present and voting, other +than the Speaker or person acting as Chairman or Speaker. +The Chairman or Speaker, or person acting as such, shall not vote in the +first instance, but shall have and exercise a casting vote in the case of an +equality of votes. +(2) Either House of Parliament shall have power to act notwithstanding +any vacancy in the membership thereof, and any proceedings in Parliament shall +be valid notwithstanding that it is discovered subsequently that some person who +was not entitled so to do sat or voted or otherwise took part in the proceedings +. +(3) Until Parliament by law otherwise provides, the +quorum to constitute a meeting of either House of Parlia- +ment shall be one-tenth of the total number of members of +the House. +(4) If at any time during a meeting of a House there +is no quorum, it shall be the duty of the Chairman or +Speaker, or person acting as such, either to adjourn the +House or to suspend the meeting until there is a quorum. + + 40 + +THE CONSTITUTION OF INDIA + +Disqualifications of Members +101. Vacation of seats.— (1) No person shall be a member of both +Houses of Parliament and provision shall be made by Parliament by law for the +vacation by a person who is chosen a member of both Houses of his seat in one +House or the other. +(2) No person shall be a member both of Parliament and of a House of +the Legislature of a State specified in Part A or Part B of the First Schedule, + and if a person is chosen a member both of +Parliament and of a House of the Legislature of such a State, then, at the expir +ation +of such period as may be specified in rules made by the President, that person +s +seat in Parliament shall become vacant, unless he has previously resigned his +seat in the Legislature of the State. +(3) If a member of either House of Parliament— +(a) becomes subject to any of the disqualifications mentioned in +clause (1) of article 102, or +(b) resigns his seat by writing under his hand addressed to the +Chairman or the Speaker, as the case may be, +his seat shall thereupon become vacant: + +(4) If for a period of sixty days a member of either House of Parliament +is without permission of the House absent from all meetings thereof, the House +may declare his seat vacant: +Provided that in computing the said period of sixty days no account shall +be taken of any period during which the House is prorogued or is adjourned for +more than four consecutive days. +102. Disqualifications for membership.— (1) A person shall be +disqualified for being chosen as, and for being, a member of either House of +Parliament— +(a) if he holds any office of profit under the Government of +India or the Government of any State, other than an office +declared by Parliament by law not to +disqualify its holder; + + 41 + +THE CONSTITUTION OF INDIA + +(b) if he is of unsound mind and stands so declared by a competent +court; +(c) if he is an undischarged insolvent; +(d) if he is not a citizen of India, or has voluntarily acquired the +citizenship of a foreign State, or is under any acknowledgment of +allegiance or adherence to a foreign State; +(e) if he is so disqualified by or under any law made by Parliament. +(2) For the purposes of this article a person shall not be +deemed to hold an office of profit under the Government of India or the +Government of any State by reason only that he is a Minister either for the +Union or for such State. + +103. +(1) If any question arises as to whether a member +of either House of Parliament has become subject to any of the disqualifications + +mentioned in clause (1) of article 102, the +question shall be referred for the decision of the President +and his decision shall be final. + +(2) Before giving any decision on any such question, +the President shall obtain the opinion of the Election Com- +mission and shall act according to such opinion. + +104. Penalty for sitting and voting before making oath or affirmation +under article 99 or when not qualified or when disqualified.—If a person +sits or votes as a member of either House of Parliament before he has complied +with the requirements of article 99, or when he knows that he is not qualified o +r +that he is disqualified for membership thereof, or that he is prohibited from so +doing by the provisions of any law made by Parliament, he shall be liable in +respect of each day on which he so sits or votes to a penalty of five hundred +rupees to be recovered as a debt due to the Union. +Powers, Privileges and Immunities of Parliament and its Members +105. Powers, privileges, etc., of the Houses of Parliament and of the +members and committees thereof.— (1) Subject to the provisions of this +Constitution and to the rules and standing orders regulating the procedure of +Parliament, there shall be freedom of speech in Parliament. + + 42 + +THE CONSTITUTION OF INDIA + +(2) No member of Parliament shall be liable to any proceedings in any court in +respect of anything said or any vote given by him in Parliament or any committee +thereof, and no person shall be so liable in respect of the publication by or un +der the +authority of either House of Parliament of any report, paper, votes or proceedin +gs. +(3) In other respects, the powers, privileges and +immunities of each House of Parliament, and of the +members and the committees of each House, shall be such +as may from time to time be defined by Parliament by law, +and, until so defined, shall be those of the House of +Commons of the Parliament of the United Kingdom, and +of its members and committees, at the commencement of +this Constitution. +(4) The provisions of clauses (1), (2) and (3) shall apply in relation to +persons who by virtue of this Constitution have the right to speak in, and +otherwise to take part in the proceedings of, a House of Parliament or any +committee thereof as they apply in relation to members of Parliament. +106. Salaries and allowances of members.— Members of either House +of Parliament shall be entitled to receive such salaries and allowances as may +from time to time be determined by Parliament by law and, until provision in +that respect is so made, allowances at such rates and upon such conditions as +were immediately before the commencement of this Constitution applicable in +the case of members of the Constituent Assembly of the Dominion of India. +Legislative Procedure +107. Provisions as to introduction and passing of Bills.— (1) Subject +to the provisions of articles 109 and 117 with respect to Money Bills and other +financial Bills, a Bill may originate in either House of Parliament. +(2) Subject to the provisions of articles 108 and 109, a Bill shall not be +deemed to have been passed by the Houses of Parliament unless it has been +agreed to by both Houses, either without amendment or with such amendments +only as are agreed to by both Houses. +(3) A Bill pending in Parliament shall not lapse by reason of the +prorogation of the Houses. +(4) A Bill pending in the Council of States which has not been passed by +the House of the People shall not lapse on a dissolution of the House of the +People. + + 43 + +THE CONSTITUTION OF INDIA + +(5) A Bill which is pending in the House of the People, or which having +been passed by the House of the People is pending in the Council of States, +shall, subject to the provisions of article 108, lapse on a dissolution of the +House of the People. +108. Joint sitting of both Houses in certain cases.— (1) If after a Bill +has been passed by one House and transmitted to the other House— +(a) the Bill is rejected by the other House; or +(b) the Houses have finally disagreed as to the amendments to be +made in the Bill; or +(c) more than six months elapse from the date of the reception of the +Bill by the other House without the Bill being passed by it, +the President may, unless the Bill has elapsed by reason of a dissolution of the +House of the People, notify to the Houses by message if they are sitting or by +public notification if they are not sitting, his intention to summon them to mee +t +in a joint sitting for the purpose of deliberating and voting on the Bill: +Provided that nothing in this clause shall apply to a Money Bill. +(2) In reckoning any such period of six months as is referred to in clause +(1), no account shall be taken of any period during which the House referred to +in sub-clause (c) of that clause is prorogued or adjourned for more than four +consecutive days. +(3) Where the President has under clause (1) notified his intention of +summoning the Houses to meet in a joint sitting, neither House shall proceed +further with the Bill, but the President may at any time after the date of his +notification summon the Houses to meet in a joint sitting for the purpose specif +ied +in the notification and, if he does so, the Houses shall meet accordingly. +(4) If at the joint sitting of the two Houses the Bill, with such amendments, +if any, as are agreed to in joint sitting, is passed by a majority of the total +number +of members of both Houses present and voting, it shall be deemed for the +purposes of this Constitution to have been passed by both Houses: +Provided that at a joint sitting— +(a) if the Bill, having been passed by one House, has not been passed +by the other House with amendments and returned to the House in which +it originated, no amendment shall be proposed to the Bill other than such +amendments (if any) as are made necessary by the delay in the passage +of the Bill; + + 44 + +THE CONSTITUTION OF INDIA + +(b) if the Bill has been so passed and returned, only such amendments as +aforesaid shall be proposed to the Bill and such other amendments as are +relevant to the matters with respect to which the Houses have not agreed; +and the decision of the person presiding as to the amendments which are admissib +le +under this clause shall be final. +(5) A joint sitting may be held under this article and a Bill passed +thereat, notwithstanding that a dissolution of the House of the People has +intervened since the President notified his intention to summon the Houses to +meet therein. +109. Special procedure in respect of Money Bills.—(1) A Money Bill +shall not be introduced in the Council of States. +(2) After a Money Bill has been passed by the House of the People it +shall be transmitted to the Council of States for its recommendations and the +Council of States shall within a period of fourteen days from the date of its +receipt of the Bill return the Bill to the House of the People with its +recommendations and the House of the People may thereupon either accept or +reject all or any of the recommendations of the Council of States. +(3) If the House of the People accepts any of the recommendations of the +Council of States, the Money Bill shall be deemed to have been passed by both +Houses with the amendments recommended by the Council of States and +accepted by the House of the People. +(4) If the House of the People does not accept any of the +recommendations of the Council of States, the Money Bill shall be deemed to +have been passed by both Houses in the form in which it was passed by the +House of the People without any of the amendments recommended by the +Council of States. +(5) If a Money Bill passed by the House of the People and transmitted to +the Council of States for its recommendations is not returned to the House of +the People within the said period of fourteen days, it shall be deemed to have +been passed by both Houses at the expiration of the said period in the form in +which it was passed by the House of the People. +110. Definition of “Money Bills”.—(1) For the purposes of this +Chapter, a Bill shall be deemed to be a Money Bill if it contains only provision +s +dealing with all or any of the following matters, namely:— +(a) the imposition, abolition, remission, alteration or regulation of +any tax; + + 45 + +THE CONSTITUTION OF INDIA + +(b) the regulation of the borrowing of money or the giving of any +guarantee by the Government of India, or the amendment of the law with +respect to any financial obligations undertaken or to be undertaken by +the Government of India; +(c) the custody of the Consolidated Fund or the Contingency Fund of +India, the payment of moneys into or the withdrawal of moneys from any +such Fund; +(d) the appropriation of moneys out of the Consolidated Fund of +India; +(e) the declaring of any expenditure to be expenditure charged on the +Consolidated Fund of India or the increasing of the amount of any such +expenditure; +(f) the receipt of money on account of the Consolidated Fund of India +or the public account of India or the custody or issue of such money or +the audit of the accounts of the Union or of a State; or +(g) any matter incidental to any of the matters specified in subclauses (a) to ( +f). +(2) A Bill shall not be deemed to be a Money Bill by reason only that it +provides for the imposition of fines or other pecuniary penalties, or for the +demand or payment of fees for licences or fees for services rendered, or by +reason that it provides for the imposition, abolition, remission, alteration or +regulation of any tax by any local authority or body for local purposes. +(3) If any question arises whether a Bill is a Money Bill or not, the +decision of the Speaker of the House of the People thereon shall be final. +(4) There shall be endorsed on every Money Bill when it is transmitted +to the Council of States under article 109, and when it is presented to the +President for assent under article 111, the certificate of the Speaker of the +House of the People signed by him that it is a Money Bill. +111. Assent to Bills.—When a Bill has been passed by the Houses of +Parliament, it shall be presented to the President, and the President shall decl +are +either that he assents to the Bill, or that he withholds assent therefrom: + + 46 + +THE CONSTITUTION OF INDIA + +Provided that the President may, as soon as possible after the +presentation to him of a Bill for assent, return the Bill if it is not a Money B +ill +to the Houses with a message requesting that they will reconsider the Bill or +any specified provisions thereof and, in particular, will consider the desirabil +ity +of introducing any such amendments as he may recommend in his message, +and when a Bill is so returned, the Houses shall reconsider the Bill accordingly +, +and if the Bill is passed again by the Houses with or without amendment and +presented to the President for assent, the President shall not withhold assent +therefrom. +Procedure in Financial Matters +112. Annual financial statement.—(1) The President shall in respect of +every financial year cause to be laid before both the Houses of Parliament a +statement of the estimated receipts and expenditure of the Government of India +for that year, in this Part referred to as the "annual financial statement''. +(2) The estimates of expenditure embodied in the annual financial +statement shall show separately— +(a) the sums required to meet expenditure described by this +Constitution as expenditure charged upon the Consolidated Fund of +India; and +(b) the sums required to meet other expenditure proposed to be +made from the Consolidated Fund of India, +and shall distinguish expenditure on revenue account from other expenditure. +(3) The following expenditure shall be expenditure charged on the +Consolidated Fund of India— +(a) the emoluments and allowances of the President and other +expenditure relating to his office; +(b) the salaries and allowances of the Chairman and the Deputy +Chairman of the Council of States and the Speaker and the Deputy +Speaker of the House of the People; +(c) debt charges for which the Government of India is liable +including interest, sinking fund charges and redemption charges, and +other expenditure relating to the raising of loans and the service and +redemption of debt; +(d) (i) the salaries, allowances and pensions payable to or in respect +of Judges of the Supreme Court; +(ii) the pensions payable to or in respect of Judges of the Federal +Court; + + 47 + +THE CONSTITUTION OF INDIA + +(iii) the pensions payable to or in respect of Judges of any High +Court which exercises jurisdiction in relation to any area included in +the territory of India or which at any time before the commencement +of this Constitution exercised jurisdiction in relation to any area +included in a Province corresponding to a State specified in Part A of the First + Schedule; +(e) the salary, allowances and pension payable to or in respect of the +Comptroller and Auditor-General of India; +(f) any sums required to satisfy any judgment, decree or award of any +court or arbitral tribunal; +(g) any other expenditure declared by this Constitution or by +Parliament by law to be so charged. +113. Procedure in Parliament with respect to estimates.—(1) So +much of the estimates as relates to expenditure charged upon the Consolidated +Fund of India shall not be submitted to the vote of Parliament, but nothing in +this clause shall be construed as preventing the discussion in either House of +Parliament of any of those estimates. +(2) So much of the said estimates as relates to other expenditure shall be +submitted in the form of demands for grants to the House of the People, and the +House of the People shall have power to assent, or to refuse to assent, to any +demand, or to assent to any demand subject to a reduction of the amount +specified therein. +(3) No demand for a grant shall be made except on the recommendation +of the President. +114. Appropriation Bills.— (1) As soon as may be after the grants +under article 113 have been made by the House of the People, there shall be +introduced a Bill to provide for the appropriation out of the Consolidated Fund +of India of all moneys required to meet— +(a) the grants so made by the House of the People; and +(b) the expenditure charged on the Consolidated Fund of India but +not exceeding in any case the amount shown in the statement previously +laid before Parliament. +(2) No amendment shall be proposed to any such Bill in either House of +Parliament which will have the effect of varying the amount or altering the +destination of any grant so made or of varying the amount of any expenditure +charged on the Consolidated Fund of India, and the decision of the person +presiding as to whether an amendment is inadmissible under this clause shall be +final. + + 48 + +THE CONSTITUTION OF INDIA + +(3) Subject to the provisions of articles 115 and 116, no money shall be +withdrawn from the Consolidated Fund of India except under appropriation +made by law passed in accordance with the provisions of this article. +115. Supplementary, additional or excess grants.— (1) The President +shall— +(a) if the amount authorised by any law made in accordance with the +provisions of article 114 to be expended for a particular service for the +current financial year is found to be insufficient for the purposes of that +year or when a need has arisen during the current financial year for +supplementary or additional expenditure upon some new service not +contemplated in the annual financial statement for that year, or +(b) if any money has been spent on any service during a financial +year in excess of the amount granted for that service and for that year, +cause to be laid before both the Houses of Parliament another statement +showing the estimated amount of that expenditure or cause to be presented to +the House of the People a demand for such excess, as the case may be. +(2) The provisions of articles 112, 113 and 114 shall have effect in +relation to any such statement and expenditure or demand and also to any law +to be made authorising the appropriation of moneys out of the Consolidated +Fund of India to meet such expenditure or the grant in respect of such demand +as they have effect in relation to the annual financial statement and the +expenditure mentioned therein or to a demand for a grant and the law to be +made for the authorisation of appropriation of moneys out of the Consolidated +Fund of India to meet such expenditure or grant. +116. Votes on account, votes of credit and exceptional grants.— +(1) Notwithstanding anything in the foregoing provisions of this Chapter, the +House of the People shall have power— +(a) to make any grant in advance in respect of the estimated +expenditure for a part of any financial year pending the completion of +the procedure prescribed in article 113 for the voting of such grant and +the passing of the law in accordance with the provisions of article 114 in +relation to that expenditure; +(b) to make a grant for meeting an unexpected demand upon the +resources of India when on account of the magnitude or the indefinite +character of the service the demand cannot be stated with the details +ordinarily given in an annual financial statement; +(c) to make an exceptional grant which forms no part of the current +service of any financial year; +and Parliament shall have power to authorise by law the withdrawal of moneys fro +m +the Consolidated Fund of India for the purposes for which the said grants are ma +de. + + 49 + +THE CONSTITUTION OF INDIA + +(2) The provisions of articles 113 and 114 shall have effect in relation to +the making of any grant under clause (1) and to any law to be made under that +clause as they have effect in relation to the making of a grant with regard to a +ny +expenditure mentioned in the annual financial statement and the law to be made +for the authorisation of appropriation of moneys out of the Consolidated Fund +of India to meet such expenditure. +117. Special provisions as to financial Bills.—(1) A Bill or amendment +making provision for any of the matters specified in sub-clauses (a) to (f) of +clause (1) of article 110 shall not be introduced or moved except on the +recommendation of the President and a Bill making such provision shall not be +introduced in the Council of States: +Provided that no recommendation shall be required under this clause for +the moving of an amendment making provision for the reduction or abolition of +any tax. +(2) A Bill or amendment shall not be deemed to make provision for any +of the matters aforesaid by reason only that it provides for the imposition of +fines or other pecuniary penalties, or for the demand or payment of fees for +licences or fees for services rendered, or by reason that it provides for the +imposition, abolition, remission, alteration or regulation of any tax by any loc +al +authority or body for local purposes. +(3) A Bill which, if enacted and brought into operation, would involve +expenditure from the Consolidated Fund of India shall not be passed by either +House of Parliament unless the President has recommended to that House the +consideration of the Bill. +Procedure Generally +118. Rules of procedure.— (1) Each House of Parliament may make +rules for regulating, subject to the provisions of this Constitution, its proced +ure +and the conduct of its business. +(2) Until rules are made under clause (1), the rules of procedure and +standing orders in force immediately before the commencement of this +Constitution with respect to the Legislature of the Dominion of India shall have +effect in relation to Parliament subject to such modifications and adaptations a +s +may be made therein by the Chairman of the Council of States or the Speaker +of the House of the People, as the case may be. +(3) The President, after consultation with the Chairman of the Council of +States and the Speaker of the House of the People, may make rules as to the +procedure with respect to joint sittings of, and communications between, the +two Houses. + + 50 + +THE CONSTITUTION OF INDIA + +(4) At a joint sitting of the two Houses the Speaker of the House of the +People, or in his absence such person as may be determined by rules of +procedure made under clause (3), shall preside. +119. Regulation by law of procedure in Parliament in relation to +financial business.— Parliament may, for the purpose of the timely completion +of financial business, regulate by law the procedure of, and the conduct of +business in, each House of Parliament in relation to any financial matter or to +any Bill for the appropriation of moneys out of the Consolidated Fund of India, +and, if and so far as any provision of any law so made is inconsistent with any +rule made by a House of Parliament under clause (1) of article 118 or with any +rule or standing order having effect in relation to Parliament under clause (2) +of +that article, such provision shall prevail. +120. Language to be used in Parliament.—(1) Notwithstanding +anything in Part XVII, but subject to the provisions of article 348, business in +Parliament shall be transacted in Hindi or in English: +Provided that the Chairman of the Council of States or Speaker of the +House of the People, or person acting as such, as the case may be, may permit +any member who cannot adequately express himself in Hindi or in English to +address the House in his mother-tongue. +(2) Unless Parliament by law otherwise provides, this article shall, after +the expiration of a period of fifteen years from the commencement of this +Constitution, have effect as if the words “or in English” were omitted +therefrom. +121. Restriction on discussion in Parliament.—No discussion shall +take place in Parliament with respect to the conduct of any Judge of the +Supreme Court or of a High Court in the discharge of his duties except upon a +motion for presenting an address to the President praying for the removal of the +Judge as hereinafter provided. +122. Courts not to inquire into proceedings of Parliament.—(1) The +validity of any proceedings in Parliament shall not be called in question on the +ground of any alleged irregularity of procedure. +(2) No officer or member of Parliament in whom powers are vested by +or under this Constitution for regulating procedure or the conduct of business, +or for maintaining order, in Parliament shall be subject to the jurisdiction of +any +court in respect of the exercise by him of those powers. + + 51 + +THE CONSTITUTION OF INDIA + +CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT +123. (1) If at any time, except when both Houses of +Parliament are in session, the President is +satisfied that circumstances exist which +during recess of Parliament render it necessary for him to take immediate action +, he may promulgate such +Ordinances as the circumstances appear to him to require, +(2) An Ordinance promulgated under this article shall +have the same force and effect as an Act of Parliament, but +every such Ordinance + +(a) shall be laid before both Houses of Parliament +and shall cease to operate at the expiration of +six weeks from the reassembly of Parliament, +or, if before the expiration of that period +resolutions disapproving it are passed by both +Houses, upon the second of those resolutions ; +and + +(b) may be withdrawn at any time by the +President. + +Explanation. Where the Houses of Parliament are +summoned to reassemble on different dates, the period of six +weeks shall be reckoned from the later of those dates for the +purposes of this clause. + +(3) If and so far as an Ordinance under this article +makes any provision which Parliament would not under this +Constitution be competent to enact, it shall be void. + + +Ordinances as the circumstances appear to him to require, +CHAPTER IV.—THE UNION JUDICIARY +124. Establishment and constitution of Supreme Court.—(1) There +shall be a Supreme Court of India consisting of a Chief Justice of India and, +until Parliament by law prescribes a larger number, of not more than seven 1 +other Judges. +(2) Every Judge of the Supreme Court shall be appointed by the +President by warrant under his hand and seal after consultation with such of the +Judges of the Supreme Court and of the High Courts in the States as the +President may deem necessary for the purpose and shall hold office until he +attains the age of sixty-five years: + +______________________________________________ +1. Now “thirty”, vide Act 11 of 2009, s. 2. + + 52 + +THE CONSTITUTION OF INDIA + +Provided that in the case of appointment of a Judge other than the Chief +Justice, the Chief Justice of India shall always be consulted: +Provided further that— +(a) a Judge may, by writing under his hand addressed to the +President, resign his office; +(b) a Judge may be removed from his office in the manner +provided in clause (4). + +(3) A person shall not be qualified for appointment as a Judge of the +Supreme Court unless he is a citizen of India and— +(a) has been for at least five years a Judge of a High Court or of two +or more such Courts in succession; or +(b) has been for at least ten years an advocate of a High Court or of +two or more such Courts in succession; or +(c) is, in the opinion of the President, a distinguished jurist. +Explanation I.—In this clause "High Court'' means a High Court which +exercises, or which at any time before the commencement of this Constitution +exercised, jurisdiction in any part of the territory of India. +Explanation II.—In computing for the purpose of this clause the period +during which a person has been an advocate, any period during which a person +has held judicial office not inferior to that of a district judge after he becam +e an +advocate shall be included. +(4) A Judge of the Supreme Court shall not be removed from his office +except by an order of the President passed after an address by each House of +Parliament supported 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 has been presented to the President in the same session for such +removal on the ground of proved misbehaviour or incapacity. +(5) Parliament may by law regulate the procedure for the presentation of +an address and for the investigation and proof of the misbehaviour or incapacity +of a Judge under clause (4). + + 53 + +THE CONSTITUTION OF INDIA + +(6) Every person appointed to be a Judge of the Supreme Court shall, +before he enters upon his office, make and subscribe before the President, or +some person appointed in that behalf by him, an oath or affirmation according +to the form set out for the purpose in the Third Schedule. +(7) No person who has held office as a Judge of the Supreme Court shall +plead or act in any court or before any authority within the territory of India. +125. Salaries, etc., of Judges.—(1) There shall be paid to the Judges of +the Supreme Court such salaries as are specified in +the Second Schedule. +(2) Every Judge shall be entitled to such privileges and 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 +privileges, allowances and rights as are specified in the Second Schedule: +Provided that neither the privileges nor 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. +126. Appointment of acting Chief Justice.—When the office of Chief +Justice of India is vacant or when the Chief Justice is, by reason of absence or +otherwise, unable to perform the duties of his office, the duties of the office +shall be performed by such one of the other Judges of the Court as the President +may appoint for the purpose. +127. Appointment of ad hoc Judges.—(1) If at any time there should +not be a quorum of the Judges of the Supreme Court available to hold or +continue any session of the Court, the Chief Justice of India may, with the +previous consent of the President and after consultation with the Chief Justice +of the High Court concerned, request in writing the attendance at the sittings o +f +the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge +of a High Court duly qualified for appointment as a Judge of the Supreme +Court to be designated by the Chief Justice of India. + + 54 + +THE CONSTITUTION OF INDIA + +(2) It shall be the duty of the Judge who has been so designated, in +priority to other duties of his office, to attend the sittings of the Supreme Co +urt +at the time and for the period for which his attendance is required, and while s +o +attending he shall have all the jurisdiction, powers and privileges, and shall +discharge the duties, of a Judge of the Supreme Court. +128. Attendance of retired Judges at sittings of the Supreme +Court.—Notwithstanding anything in this Chapter, the Chief Justice of India +may at any time, with the previous consent of the President, request any person +who has held the office of a Judge of the Supreme Court or of the Federal Court +to sit and act as a Judge of the +Supreme Court, and every such person so requested shall, while so sitting and +acting, be entitled to such allowances as the President may by order determine +and have all the jurisdiction, powers and privileges of, but shall not otherwise +be deemed to be, a Judge of that Court: +Provided that nothing in this article shall be deemed to require any such +person as aforesaid to sit and act as a Judge of that Court unless he consents s +o +to do. +129. Supreme Court to be a court of record.—The Supreme Court +shall be a court of record and shall have all the powers of such a court includi +ng +the power to punish for contempt of itself. +130. Seat of Supreme Court.—The Supreme Court shall sit in Delhi or +in such other place or places, as the Chief Justice of India may, with the +approval of the President, from time to time, appoint. +131. Original jurisdiction of the Supreme Court.—Subject to the +provisions of this Constitution, the Supreme Court shall, to the exclusion of an +y +other court, have original jurisdiction in any dispute— +(a) between the Government of India and one or more States; or +(b) between the Government of India and any State or States on one +side and one or more other States on the other; or +(c) between two or more States, +if and in so far as the dispute involves any question (whether of law or fact) o +n which +the existence or extent of a legal right depends: + + THE CONSTITUTION OF INDIA + +55 + +Provided that the said jurisdiction shall not extend to + +(i) a dispute to which a State specified in Part +B of the First Schedule is a party, if the +dispute arises 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 and +has, or has been, continued in operation +after such commencement ; +(ii) a dispute to which any State is a party, if +the dispute arises out of any provision +of a treaty, agreement, covenant, en- +gagement, sanad or other similar instru- +ment which provides that the said juris- +diction shall not extend to such a +dispute. + +NOTES + +Original Jurisdiction of the Supreme Court : This Article deals +with the cases in which the Supreme Court will have original jurisdiction. +By 'jurisdiction' is meant "the authority which a Court has to decide +matters that are litigated before it or to take cognizance of matters pre- +sented in a formal way for its decision." (See Halsbury's Laws of +England). Under S. 75 of the Australian Constitution, jurisdiction in all +matters inter alia ; "between States or between residents of different +States or between a State and a resident of another State" is conferred on +the High Court of Australia which is the Federal Supreme Court for +Australia. Under Article III, S. 1 of the U. S. Constitution, there is a +similar provision : " the judicial power shall extend to divergence +between two or more States or between a State and citizens of another +State or between citizens of different States ". But under the +Constitution of India, it will be noted that the original jurisdiction of the +Supreme Court is exercisable only +(1) between the Government of India and one or more States ; or +(2) between the Government of India and any State or States on +one side and one or more other States on the other. +But this rule is, however, subject to the exceptions mentioned in the +proviso. +"The existence or extent of a legal right" : This phrase may be +paraphrased as a justiciable right. The test of a matter being justiciable +is : "Can it be sustained on any principle of law that can be invoked as +applicable ?" The expression 'legal right’ would seem also to include +equitable rights. +"A matter in order to be justiciable must be such that a controversy +of like nature could arise between individual persons and must be such +that it can be determined upon principles of law. + +132. Appellate jurisdiction of Supreme Court in appeals from High +Courts in certain cases.— (1) An appeal shall lie to the Supreme Court from +any judgment, decree or final order of a High Court in the territory of India, +whether in a civil, criminal or other proceeding, if the High Court certifies +that the case involves a substantial question of law as to the +interpretation of this Constitution. +(2)Where the Court has refused to give such a certi- +ficate, the Supreme Court may, if it is satisfied that the case +involves a substantial question of law as to the interpretation +of this Constitution, grant special leave to appeal from such +judgment, decree or final order. + +(3) Where such a certificate is given,or such leave is granted, + any party in the case may appeal to +the Supreme Court on the ground that any such question as aforesaid has been +wrongly decided and, with the leave of the Supreme Court, on any other ground. + +Explanation.— For the purposes of this article, the expression “final +order” includes an order deciding an issue which, if decided in favour of the +appellant, would be sufficient for the final disposal of the case. +133. Appellate jurisdiction of Supreme Court in appeals from High +Courts in regard to civil matters.— +(1) An appeal shall lie to the Supreme Court +from any judgment decree or final order in +a civil proceeding of a High Court in the +appeals from High territory of India if the High Court +certifies- +(a) that the amount or value of the subject-matter +of the dispute in the court of first instance and +still in dispute on appeal was and is not less +than twenty thousand rupees or such other +sum as may be specified in that behalf by +Parliament by law ; or +(b) that the judgment, decree or final order in- +volves directly or indirectly some claim or +question respecting property of the like amount +or value ; or +(c) that the case is a fit one for appeal to the +Supreme Court ; +and, where the judgment, decree or final order appealed +from affirms the decision of the court immediately below in +any case other than a case referred to in sub-clause (c), if +the High Court further certifies that the appeal involves +some substantial question of law. + + + +(2) Notwithstanding anything in article 132, any party appealing to the +Supreme Court under clause (1) may urge as one of the grounds in such appeal +that a substantial question of law as to the interpretation of this Constitution + has +been wrongly decided. + + 56 + +THE CONSTITUTION OF INDIA + +(3) Notwithstanding anything in this article, no appeal shall, unless Parliament +by law otherwise provides, lie to the Supreme Court from the judgment, decree or + final +order of one Judge of a High Court. +134. Appellate jurisdiction of Supreme Court in regard to criminal +matters.—(1) An appeal shall lie to the Supreme Court from any judgment, +final order or sentence in a criminal proceeding of a High Court in the territor +y +of India if the High Court— +(a) has on appeal reversed an order of acquittal of an accused person +and sentenced him to death; or +(b) has withdrawn for trial before itself any case from any court +subordinate to its authority and has in such trial convicted the accused +person and sentenced him to death; or +(c) certifies that the case is a fit one for appeal to +the Supreme Court: +Provided that an appeal under sub-clause (c) shall lie subject to such +provisions as may be made in that behalf under clause (1) of article 145 and to +such conditions as the High Court may establish or require. +(2) Parliament may by law confer on the Supreme Court any further +powers to entertain and hear appeals from any judgment, final order or sentence +in a criminal proceeding of a High Court in the territory of India subject to su +ch +conditions and limitations as may be specified in such law. + + + 57 + +THE CONSTITUTION OF INDIA + +135. Jurisdiction and powers of the Federal Court under existing +law to be exercisable by the Supreme Court.— Until Parliament by law +otherwise provides, the Supreme Court shall also have jurisdiction and powers +with respect to any matter to which the provisions of article 133 or article 134 +do not apply if jurisdiction and powers in relation to that matter were +exercisable by the Federal Court immediately before the commencement of this +Constitution under any existing law. +136. Special leave to appeal by the Supreme Court.—(1) +Notwithstanding anything in this Chapter, the Supreme Court may, in its +discretion, grant special leave to appeal from any judgment, decree, +determination, sentence or order in any cause or matter passed or made by any +court or tribunal in the territory of India. +(2) Nothing in clause (1) shall apply to any judgment, determination, +sentence or order passed or made by any court or tribunal constituted by or +under any law relating to the Armed Forces. +137. Review of judgments or orders by the Supreme Court.—Subject +to the provisions of any law made by Parliament or any rules made under +article 145, the Supreme Court shall have power to review any judgment +pronounced or order made by it. +138. Enlargement of the jurisdiction of the Supreme Court.—(1) The +Supreme Court shall have such further jurisdiction and powers with respect to +any of the matters in the Union List as Parliament may by law confer. +(2) The Supreme Court shall have such further jurisdiction and powers +with respect to any matter as the Government of India and the Government of +any State may by special agreement confer, if Parliament by law provides for +the exercise of such jurisdiction and powers by the Supreme Court. +139. Conferment on the Supreme Court of powers to issue certain +writs.— Parliament may by law confer on the Supreme Court power to issue +directions, orders or writs, including writs in the nature of habeas corpus, +mandamus, prohibition, quo warranto and certiorari, or any of them, for any +purposes other than those mentioned in clause (2) of article 32. + + 58 + +THE CONSTITUTION OF INDIA + + +140. Ancillary powers of Supreme Court.—Parliament may by law +make provision for conferring upon the Supreme Court such supplemental +powers not inconsistent with any of the provisions of this Constitution as may +appear to be necessary or desirable for the purpose of enabling the Court more +effectively to exercise the jurisdiction conferred upon it by or under this +Constitution. +141. Law declared by Supreme Court to be binding on all courts.— +The law declared by the Supreme Court shall be binding on all courts within +the territory of India. +142. Enforcement of decrees and orders of Supreme Court and +orders as to discovery, etc.—(1) The Supreme Court in the exercise of its +jurisdiction may pass such decree or make such order as is necessary for doing +complete justice in any cause or matter pending before it, and any decree so +passed or order so made shall be enforceable throughout the territory of India i +n +such manner as may be prescribed by or under any law made by Parliament +and, until provision in that behalf is so made, in such manner as the President +may by order prescribe. +(2) Subject to the provisions of any law made in this behalf by +Parliament, the Supreme Court shall, as respects the whole of the territory of +India, have all and every power to make any order for the purpose of securing +the attendance of any person, the discovery or production of any documents, or +the investigation or punishment of any contempt of itself. + + 59 + +THE CONSTITUTION OF INDIA + +143. Power of President to consult Supreme Court.—(1) If at any +time it appears to the President that a question of law or fact has arisen, or i +s +likely to arise, which is of such a nature and of such public importance that it + is +expedient to obtain the opinion of the Supreme Court upon it, he may refer the +question to that Court for consideration and the Court may, after such hearing +as it thinks fit, report to the President its opinion thereon. +(2) The President may, notwithstanding anything in clause (i) of the proviso to +article +131, refer a dispute of the kind mentioned in the said clause to the Supreme +Court for opinion and the Supreme Court shall, after such hearing as it thinks +fit, report to the President its opinion thereon. + +144. Civil and judicial authorities to act in aid of the Supreme +Court.—All authorities, civil and judicial, in the territory of India shall ac +t in +aid of the Supreme Court. + + +145. Rules of Court, etc.—(1) Subject to the provisions of any law +made by Parliament, the Supreme Court may from time to time, with the +approval of the President, make rules for regulating generally the practice and +procedure of the Court including— +(a) rules as to the persons practising before the Court; +(b) rules as to the procedure for hearing appeals and other matters +pertaining to appeals including the time within which appeals to the +Court are to be entered; +(c) rules as to the proceedings in the Court for the enforcement of any +of the rights conferred by Part III; +(d) rules as to the entertainment of appeals under sub-clause (c) of +clause (1) of article 134; + + 60 + +THE CONSTITUTION OF INDIA + +(e) rules as to the conditions subject to which any judgment +pronounced or order made by the Court may be reviewed and the +procedure for such review including the time within which applications +to the Court for such review are to be entered; +(f) rules as to the costs of and incidental to any proceedings in the +Court and as to the fees to be charged in respect of proceedings therein; +(g) rules as to the granting of bail; +(h) rules as to stay of proceedings; +(i) rules providing for the summary determination of any appeal +which appears to the Court to be frivolous or vexatious or brought for the +purpose of delay; +(j) rules as to the procedure for inquiries referred to in clause +(1) of article 317. +(2) Subject to the provisions of clause (3), rules made under this article +may fix the minimum number of Judges who are to sit for any purpose, and +may provide for the powers of single Judges and Division Courts. +(3) The minimum number of Judges who are to sit for the purpose of +deciding any case involving a substantial question of law as to the +interpretation of this Constitution or for the purpose of hearing any reference +under article 143 shall be five: +Provided that, where the Court hearing an appeal under any of the +provisions of this Chapter other than article 132 consists of less than five +Judges and in the course of the hearing of the appeal the Court is satisfied tha +t +the appeal involves a substantial question of law as to the interpretation of th +is +Constitution the determination of which is necessary for the disposal of the +appeal, such Court shall refer the question for opinion to a Court constituted a +s +required by this clause for the purpose of deciding any case involving such a +question and shall on receipt of the opinion dispose of the appeal in conformity +with such opinion. +(4) No judgment shall be delivered by the Supreme Court save in open +Court, and no report shall be made under article 143 save in accordance with an +opinion also delivered in open Court. + + 61 + +THE CONSTITUTION OF INDIA + +(5) No judgment and no such opinion shall be delivered by the Supreme +Court save with the concurrence of a majority of the Judges present at the +hearing of the case, but nothing in this clause shall be deemed to prevent a +Judge who does not concur from delivering a dissenting judgment or opinion. +146. Officers and servants and the expenses of the Supreme Court.— +(1) Appointments of officers and servants of the Supreme Court shall be made +by the Chief Justice of India or such other Judge or officer of the Court as he +may direct: +Provided that the President may by rule require that in such cases as may +be specified in the rule, no person not already attached to the Court shall be +appointed to any office connected with the Court, save after consultation with +the Union Public Service Commission. +(2) Subject to the provisions of any law made by Parliament, the +conditions of service of officers and servants of the Supreme Court shall be +such as may be prescribed by rules made by the Chief Justice of India or by +some other Judge or officer of the Court authorised by the Chief Justice of +India to make rules for the purpose: +Provided that the rules made under this clause shall, so far as they relate +to salaries, allowances, leave or pensions, require the approval of the Presiden +t. +(3) The administrative expenses of the Supreme Court, including all +salaries, allowances and pensions payable to or in respect of the officers and +servants of the Court, shall be charged upon the Consolidated Fund of India, +and any fees or other moneys taken by the Court shall form part of that Fund. +147. Interpretation.—In this Chapter and in Chapter V of Part VI, +references to any substantial question of law as to the interpretation of this +Constitution shall be construed as including references to any substantial +question of law as to the interpretation of the Government of India Act, 1935 +(including any enactment amending or supplementing that Act), or of any +Order in Council or order made thereunder, or of the Indian Independence Act, +1947, or of any order made thereunder. +CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA +148. Comptroller and Auditor-General of India.—(1) There shall be a +Comptroller and Auditor-General of India who shall be appointed by the +President by warrant under his hand and seal and shall only be removed from +office in like manner and on the like grounds as a Judge of the Supreme Court. + + 62 + +THE CONSTITUTION OF INDIA + +(2) Every person appointed to be the Comptroller and Auditor-General +of India shall, before he enters upon his office, make and subscribe before the +President, or some person appointed in that behalf by him, an oath or +affirmation according to the form set out for the purpose in the Third Schedule. +(3) The salary and other conditions of service of the Comptroller and +Auditor-General shall be such as may be determined by Parliament by law and, +until they are so determined, shall be as specified in the Second Schedule: +Provided that neither the salary of a Comptroller and Auditor-General +nor his rights in respect of leave of absence, pension or age of retirement shal +l +be varied to his disadvantage after his appointment. +(4) The Comptroller and Auditor-General shall not be eligible for further +office either under the Government of India or under the Government of any +State after he has ceased to hold his office. +(5) Subject to the provisions of this Constitution and of any law made by +Parliament, the conditions of service of persons serving in the Indian Audit and +Accounts Department and the administrative powers of the Comptroller and +Auditor-General shall be such as may be prescribed by rules made by the +President after consultation with the Comptroller and Auditor-General. +(6) The administrative expenses of the office of the Comptroller and +Auditor-General, including all salaries, allowances and pensions payable to or +in respect of persons serving in that office, shall be charged upon the +Consolidated Fund of India. +149. Duties and powers of the Comptroller and Auditor-General.— +The Comptroller and Auditor-General shall perform such duties and exercise +such powers in relation to the accounts of the Union and of the States and of +any other authority or body as may be prescribed by or under any law made by +Parliament and, until provision in that behalf is so made, shall perform such +duties and exercise such powers in relation to the accounts of the Union and of +the States as were conferred on or exercisable by the Auditor-General of India +immediately before the commencement of this Constitution in relation to the +accounts of the Dominion of India and of the Provinces respectively. +150. Power of Comptroller and Auditor-General to give directions as to accounts- + +The accounts of the Union and of the States +shall be kept in such form as the Comptroller and Auditor-General of India may, +with the approval of the President, prescribe. +151. Audit reports.—(1) The reports of the Comptroller and AuditorGeneral of I +ndia relating to the accounts of the Union shall be submitted to the +President, who shall cause them to be laid before each House of Parliament. +(2) The reports of the Comptroller and Auditor-General of India relating +to the accounts of a State shall be submitted to the Governor or +Rajpramukh of the State, who +shall cause them to be laid before the Legislature of the State. + + \ No newline at end of file diff --git a/PART6.txt b/PART6.txt new file mode 100644 index 0000000..626801a --- /dev/null +++ b/PART6.txt @@ -0,0 +1,1449 @@ +PART VI +THE STATES +CHAPTER I.—GENERAL +152. Definition.—In this Part, unless the context otherwise requires, the +expression “State” means a State specified in Part A of the First Schedule. +CHAPTER II.—THE EXECUTIVE +The Governor +153. Governors of States.—There shall be a Governor for each State: +154. Executive power of State.—(1) The executive power of the State +shall be vested in the Governor and shall be exercised by him either directly or +through officers subordinate to him in accordance with this Constitution. +(2) Nothing in this article shall— +(a) be deemed to transfer to the Governor any functions conferred by +any existing law on any other authority; or +(b) prevent Parliament or the Legislature of the State from conferring +by law functions on any authority subordinate to the Governor. +155. Appointment of Governor.—The Governor of a State shall be +appointed by the President by warrant under his hand and seal. +156. Term of office of Governor.—(1) The Governor shall hold office +during the pleasure of the President. +(2) The Governor may, by writing under his hand addressed to the +President, resign his office. +(3) Subject to the foregoing provisions of this article, a Governor shall +hold office for a term of five years from the date on which he enters upon his +office: +Provided that a Governor shall, notwithstanding the expiration of his +term, continue to hold office until his successor enters upon his office. + +63 + + 64 + +THE CONSTITUTION OF INDIA + +157. Qualifications for appointment as Governor.—No person shall +be eligible for appointment as Governor unless he is a citizen of India and has +completed the age of thirty-five years. +158. Conditions of Governor's office.—(1) The Governor shall not be a +member of either House of Parliament or of a House of the Legislature of any +State specified in the First Schedule, and if a member of either House of +Parliament or of a House of the Legislature of any such State be appointed +Governor, he shall be deemed to have vacated his seat in that House on the date +on which he enters upon his office as Governor. +(2) The Governor shall not hold any other office of profit. +(3) The Governor shall be entitled without payment of rent to the use of +his official residences and shall be also entitled to such emoluments, +allowances and privileges as may be determined by Parliament by law and, +until provision in that behalf is so made, such emoluments, allowances and +privileges as are specified in the Second Schedule. +(4) The emoluments and allowances of the Governor shall not be +diminished during his term of office. +159. Oath or affirmation by the Governor.—Every Governor and +every person discharging the functions of the Governor shall, before entering +upon his office, make and subscribe in the presence of the Chief Justice of the +High Court exercising jurisdiction in relation to the State, or, in his absence, + the +senior most Judge of that Court available, an oath or affirmation in the +following form, that is to say— +“I, A. B., do swear in the name of God that I will faithfully execute the +solemnly affirm +office of Governor (or discharge the functions of the Governor) of +.........(name of the State) and will to the best of my ability preserve, protec +t +and defend the Constitution and the law and that I will devote myself to the +service and well-being of the people of ..……(name of the State).”. +160. Discharge of the functions of the Governor in certain +contingencies.—The President may make such provision as he thinks fit for the +discharge of the functions of the Governor of a State in any contingency not +provided for in this Chapter. + + 65 + +THE CONSTITUTION OF INDIA + +161. Power of Governor to grant pardons, etc., and to suspend, remit +or commute sentences in certain cases.—The Governor of a State shall have +the power to grant pardons, reprieves, respites or remissions of punishment or +to suspend, remit or commute the sentence of any person convicted of any +offence against any law relating to a matter to which the executive power of the +State extends. +162. Extent of executive power of State.—Subject to the provisions of +this Constitution, the executive power of a State shall extend to the matters wi +th +respect to which the Legislature of the State has power to make laws: +Provided that in any matter with respect to which the Legislature of a +State and Parliament have power to make laws, the executive power of the +State shall be subject to, and limited by, the executive power expressly +conferred by this Constitution or by any law made by Parliament upon the +Union or authorities thereof. +Council of Ministers +163. Council of Ministers to aid and advise Governor.—(1) There shall +be a Council of Ministers with the Chief Minister at the head to aid and advise +the +Governor in the exercise of his functions, except in so far as he is by or under + this +Constitution required to exercise his functions or any of them in his discretion +. +(2) If any question arises whether any matter is or is not a matter as +respects which the Governor is by or under this Constitution required to act in +his discretion, the decision of the Governor in his discretion shall be final, a +nd +the validity of anything done by the Governor shall not be called in question on +the ground that he ought or ought not to have acted in his discretion. +(3) The question whether any, and if so what, advice was tendered by +Ministers to the Governor shall not be inquired into in any court. +164. Other provisions as to Ministers.—(1) The Chief Minister shall +be appointed by the Governor and the other Ministers shall be appointed by the +Governor on the advice of the Chief Minister, and the Ministers shall hold +office during the pleasure of the Governor: +Provided that in the States of Bihar, Madhya Pradesh +and Odisha, 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 or any other work. + + 66 + +THE CONSTITUTION OF INDIA + +(2) The Council of Ministers shall be collectively responsible to the +Legislative Assembly of the State. +(3) Before a Minister enters upon his office, the Governor shall +administer to him the oaths of office and of secrecy according to the forms set +out for the purpose in the Third Schedule. +(4) A Minister who for any period of six consecutive months is not a +member of the Legislature of the State shall at the expiration of that period +cease to be a Minister. +(5) The salaries and allowances of Ministers shall be such as the Legislature +of the State may from time to time by law determine and, until the Legislature o +f the +State so determines, shall be as specified in the Second Schedule. +The Advocate-General for the State +165. Advocate-General for the State.—(1) The Governor of each State +shall appoint a person who is qualified to be appointed a Judge of a High Court +to be Advocate-General for the State. + +______________________________________________ + 7-1-2004, vide Notification S.O. No. 21(E), dated 7-1-2004. + + THE CONSTITUTION OF INDIA + +67 + +(2) It shall be the duty of the Advocate-General to give advice to the +Government of the State upon such legal matters, and to perform such other +duties of a legal character, as may from time to time be referred or assigned to +him by the Governor, and to discharge the functions conferred on him by or +under this Constitution or any other law for the time being in force. +(3) The Advocate-General shall hold office during the pleasure of the +Governor, and shall receive such remuneration as the Governor may determine. +Conduct of Government Business +166. Conduct of business of the Government of a State.—(1) All +executive action of the Government of a State shall be expressed to be taken in +the name of the Governor. +(2) Orders and other instruments made and executed in the name of the +Governor shall be authenticated in such manner as may be specified in rules to +be made by the Governor, and the validity of an order or instrument which is so +authenticated shall not be called in question on the ground that it is not an or +der +or instrument made or executed by the Governor. +(3) The Governor shall make rules for the more convenient transaction of +the business of the Government of the State, and for the allocation among +Ministers of the said business in so far as it is not business with respect to w +hich +the Governor is by or under this Constitution required to act in his discretion. + + +167. Duties of Chief Minister as respects the furnishing of +information to Governor, etc.—It shall be the duty of the Chief Minister of +each State— +(a) to communicate to the Governor of the State all decisions of the +Council of Ministers relating to the administration of the affairs of the +State and proposals for legislation; +(b) to furnish such information relating to the administration of the +affairs of the State and proposals for legislation as the Governor may call +for; and +(c) if the Governor so requires, to submit for the consideration of the +Council of Ministers any matter on which a decision has been taken by a +Minister but which has not been considered by the Council. + + 68 + +THE CONSTITUTION OF INDIA + +CHAPTER III.—THE STATE LEGISLATURE +General +168. Constitution of Legislatures in States.—(1) For every State there +shall be a Legislature which shall consist of the Governor, and— +(a) in the States of Bihar, Bombay,Madras, Punjab, The United Provinces and West + Bengal, two Houses; +(b) in other States, one House. +(2) Where there are two Houses of the Legislature of a State, one shall +be known as the Legislative Council and the other as the Legislative Assembly, +and where there is only one House, it shall be known as the Legislative +Assembly. + +169. Abolition or creation of Legislative Councils in States.—(1) +Notwithstanding anything in article 168, Parliament may by law provide for the +abolition of the Legislative Council of a State having such a Council or for the +creation of such a Council in a State having no such Council, if the Legislative +Assembly of the State passes a resolution to that effect by a majority of the +total membership of the Assembly and by a majority of not less than two-thirds +of the members of the Assembly present and voting. +(2) Any law referred to in clause (1) shall contain such provisions for the +amendment of this Constitution as may be necessary to give effect to the +provisions of the law and may also contain such supplemental, incidental and +consequential provisions as Parliament may deem necessary. +(3) No such law as aforesaid shall be deemed to be an amendment of this +Constitution for the purposes of article 368. + + +170.(1) Subject to the provisions of article 333, the + +Legislative Assembly of each State shall +be composed of members chosen by direct +election. + +(2) The representation of each territorial constituency +in the Legislative Assembly of a State shall be on the basis +of the population of that constituency as ascertained at the +last preceding census of which the relevant figures have +been published and shall, save in the case of the autonomous +districts of Assam and the constituency comprising the +cantonment and municipality of Shillong, be on a scale of +not more than one member for every seventy-five thousand +of the population : + +Provided that the total number of members in the +Legislative Assembly of a State shall in no case be more than +five hundred or less than sixty. + +(3) The ratio between the number of members to be +allotted to each territorial constituency in a State and the +population of that constituency as ascertained at the last +preceding census of which the relevant figures have been +published shall, so far as practicable, be the same through- +out the State. + +(4) Upon the completion of each census, the repre- +sentation of the several territorial constituencies in the +Legislative Assembly of each State shall be readjusted by +such authority, in such manner and with effect from such +date as Parliament may by law determine : + +Provided that such readjustment shall not affect repre- +sentation in the Legislative Assembly until the dissolution +of the then existing Assembly. + +171. Composition of the Legislative Councils.—(1) The total number +of members in the Legislative Council of a State having such a Council shall +not exceed one fourth of the total number of members in the Legislative +Assembly of that State: +Provided that the total number of members in the Legislative Council of +a State shall in no case be less than forty. + + 70 + +THE CONSTITUTION OF INDIA + +(2) Until Parliament by law otherwise provides, the composition of the +Legislative Council of a State shall be as provided in clause (3). +(3) Of the total number of members of the Legislative Council of a +State— +(a) as nearly as may be, one-third shall be elected by electorates +consisting of members of municipalities, district boards and such other +local authorities in the State as Parliament may by law specify; +(b) as nearly as may be, one-twelfth shall be elected by electorates +consisting of persons residing in the State who have been for at least +three years graduates of any university in the territory of India or have +been for at least three years in possession of qualifications prescribed by +or under any law made by Parliament as equivalent to that of a graduate +of any such university; +(c) as nearly as may be, one-twelfth shall be elected by electorates +consisting of persons who have been for at least three years engaged in +teaching in such educational institutions within the State, not lower in +standard than that of a secondary school, as may be prescribed by or +under any law made by Parliament; +(d) as nearly as may be, one-third shall be elected by the members of +the Legislative Assembly of the State from amongst persons who are not +members of the Assembly; +(e) the remainder shall be nominated by the Governor in accordance +with the provisions of clause (5). +(4) The members to be elected under sub-clauses (a), (b) and (c) of +clause (3) shall be chosen in such territorial constituencies as may be prescrib +ed +by or under any law made by Parliament, and the elections under the said subclau +ses and under sub-clause (d) of the said clause shall be held in accordance +with the system of proportional representation by means of the single +transferable vote. +(5) The members to be nominated by the Governor under sub-clause (e) +of clause (3) shall consist of persons having special knowledge or practical +experience in respect of such matters as the following, namely:— +Literature, science, art, co-operative movement and social service. + + 71 + +THE CONSTITUTION OF INDIA + +172. Duration of State Legislatures.—(1) Every Legislative Assembly +of every State, unless sooner dissolved, shall continue for five years from the +date appointed for its first meeting and no longer and the expiration of the sai +d +period of five years shall operate as a dissolution of the Assembly: +Provided that the said period may, while a Proclamation of Emergency is +in operation, be extended by Parliament by law for a period not exceeding one +year at a time and not extending in any case beyond a period of six months after +the Proclamation has ceased to operate. +(2) The Legislative Council of a State shall not be subject to dissolution, +but as nearly as possible one-third of the members thereof shall retire as soon +as +may be on the expiration of every second year in accordance with the +provisions made in that behalf by Parliament by law. +173. Qualification for membership of the State Legislature.—A +person shall not be qualified to be chosen to fill a seat in the Legislature of +a +State unless he— +(a) is a citizen of India; +(b) is, in the case of a seat in the Legislative Assembly, not less than +twenty-five years of age and, in the case of a seat in the Legislative +Council, not less than thirty years of age; and +(c) possesses such other qualifications as may be prescribed in that +behalf by or under any law made by Parliament. + +174. (1) The House or Houses of the Legislature of +the State shall be summoned to meet +twice at least in every year, and six +months shall not intervene between +their first sitting in one session and the date appointed for +their first sitting in the next session. +(2) Subject to the provisions of clause (1), the Gover- +nor may from time to time +(a) summon the House or either House to meet at +such time and place as he thinks fit ; +(b) prorogue the House or Houses ; +(c) dissolve the legislative Assembly. + + 72 + +THE CONSTITUTION OF INDIA + +175. Right of Governor to address and send messages to the House +or Houses.—(1) The Governor may address the Legislative Assembly or, in +the case of a State having a Legislative Council, either House of the Legislatur +e +of the State, or both Houses assembled together, and may for that purpose +require the attendance of members. +(2) The Governor may send messages to the House or Houses of the +Legislature of the State, whether with respect to a Bill then pending in the +Legislature or otherwise, and a House to which any message is so sent shall +with all convenient despatch consider any matter required by the message to be +taken into consideration. + +176. Special address by the Governor.—(1) At the commencement of +every session, the Governor shall address +the Legislative Assembly or, in the case of a State having a Legislative +Council, both Houses assembled together and inform the Legislature of the +causes of its summons. +(2) Provision shall be made by the rules regulating the procedure of the +House or either House for the allotment of time for discussion of the matters +referred to in such address and for the precedence of such +discussion over other business of the House. + +177. Rights of Ministers and Advocate-General as respects the +Houses.—Every Minister and the Advocate-General for a State shall have the +right to speak in, and otherwise to take part in the proceedings of, the +Legislative Assembly of the State or, in the case of a State having a Legislativ +e +Council, both Houses, and to speak in, and otherwise to take part in the +proceedings of, any committee of the Legislature of which he may be named a +member, but shall not, by virtue of this article, be entitled to vote. +Officers of the State Legislature +178. The Speaker and Deputy Speaker of the Legislative +Assembly.—Every Legislative Assembly of a State shall, as soon as may be, +choose two members of the Assembly to be respectively Speaker and Deputy +Speaker thereof and, so often as the office of Speaker or Deputy Speaker +becomes vacant, the Assembly shall choose another member to be Speaker or +Deputy Speaker, as the case may be. +179. Vacation and resignation of, and removal from, the offices of +Speaker and Deputy Speaker.—A member holding office as Speaker or +Deputy Speaker of an Assembly— +(a) shall vacate his office if he ceases to be a member of the Assembly; +(b) may at any time by writing under his hand addressed, if such +member is the Speaker, to the Deputy Speaker, and if such member is +the Deputy Speaker, to the Speaker, resign his office; and + + 73 + +THE CONSTITUTION OF INDIA + +(c) may be removed from his office by a resolution of the +Assembly passed by a majority of all the then members of the Assembly: +Provided that no resolution for the purpose of clause (c) shall be moved +unless at least fourteen days' notice has been given of the intention to move th +e +resolution: +Provided further that, whenever the Assembly is dissolved, the Speaker +shall not vacate his office until immediately before the first meeting of the +Assembly after the dissolution. +180. Power of the Deputy Speaker or other person to perform the +duties of the office of, or to act as, Speaker.—(1) While the office of Speake +r +is vacant, the duties of the office shall be performed by the Deputy Speaker or, +if the office of Deputy Speaker is also vacant, by such member of the Assembly +as the Governor may appoint for the purpose. +(2) During the absence of the Speaker from any sitting of the Assembly +the Deputy Speaker or, if he is also absent, such person as may be determined +by the rules of procedure of the Assembly, or, if no such person is present, suc +h +other person as may be determined by the Assembly, shall act as Speaker. +181. The Speaker or the Deputy Speaker not to preside while a +resolution for his removal from office is under consideration.—(1) At any +sitting of the Legislative Assembly, while any resolution for the removal of the +Speaker from his office is under consideration, the Speaker, or while any +resolution for the removal of the Deputy Speaker from his office is under +consideration, the Deputy Speaker, shall not, though he is present, preside, and +the provisions of clause (2) of article 180 shall apply in relation to every suc +h +sitting as they apply in relation to a sitting from which the Speaker or, as the +case may be, the Deputy Speaker, is absent. +(2) The Speaker shall have the right to speak in, and otherwise to take +part in the proceedings of, the Legislative Assembly while any resolution for +his removal from office is under consideration in the Assembly and shall, +notwithstanding anything in article 189, be entitled to vote only in the first +instance on such resolution or on any other matter during such proceedings but +not in the case of an equality of votes. +182. The Chairman and Deputy Chairman of the Legislative +Council.—The Legislative Council of every State having such Council shall, as +soon as may be, choose two members of the Council to be respectively +Chairman and Deputy Chairman thereof and, so often as the office of Chairman +or Deputy Chairman becomes vacant, the Council shall choose another member +to be Chairman or Deputy Chairman, as the case may be. + + 74 + +THE CONSTITUTION OF INDIA + +183. Vacation and resignation of, and removal from, the offices of +Chairman and Deputy Chairman.—A member holding office as Chairman or +Deputy Chairman of a Legislative Council— +(a) shall vacate his office if he ceases to be a member of the Council; +(b) may at any time by writing under his hand addressed, if such +member is the Chairman, to the Deputy Chairman, and if such member is +the Deputy Chairman, to the Chairman, resign his office; and +(c) may be removed from his office by a resolution of the Council +passed by a majority of all the then members of the Council: +Provided that no resolution for the purpose of clause (c) shall be moved unless +at least fourteen days' notice has been given of the intention to move the resol +ution. +184. Power of the Deputy Chairman or other person to perform the +duties of the office of, or to act as, Chairman.—(1) While the office of +Chairman is vacant, the duties of the office shall be performed by the Deputy +Chairman or, if the office of Deputy Chairman is also vacant, by such member +of the Council as the Governor may appoint for the purpose. +(2) During the absence of the Chairman from any sitting of the Council +the Deputy Chairman or, if he is also absent, such person as may be determined +by the rules of procedure of the Council, or, if no such person is present, such +other person as may be determined by the Council, shall act as Chairman. +185. The Chairman or the Deputy Chairman not to preside while a +resolution for his removal from office is under consideration.—(1) At any +sitting of the Legislative Council, while any resolution for the removal of the +Chairman from his office is under consideration, the Chairman, or while any +resolution for the removal of the Deputy Chairman from his office is under +consideration, the Deputy Chairman, shall not, though he is present, preside, +and the provisions of clause (2) of article 184 shall apply in relation to every +such sitting as they apply in relation to a sitting from which the Chairman or, +as +the case may be, the Deputy Chairman is absent. +(2) The Chairman shall have the right to speak in, and otherwise to take +part in the proceedings of, the Legislative Council while any resolution for his +removal from office is under consideration in the Council and shall, +notwithstanding anything in article 189, be entitled to vote only in the first +instance on such resolution or on any other matter during such proceedings but +not in the case of an equality of votes. + + 75 + +THE CONSTITUTION OF INDIA + +186. Salaries and allowances of the Speaker and Deputy Speaker +and the Chairman and Deputy Chairman.—There shall be paid to the +Speaker and the Deputy Speaker of the Legislative Assembly, and to the +Chairman and the Deputy Chairman of the Legislative Council, such salaries +and allowances as may be respectively fixed by the Legislature of the State by +law and, until provision in that behalf is so made, such salaries and allowances +as are specified in the Second Schedule. +187. Secretariat of State Legislature.—(1) The House or each House +of the Legislature of a State shall have a separate secretarial staff: +Provided that nothing in this clause shall, in the case of the Legislature +of a State having a Legislative Council, be construed as preventing the creation +of posts common to both Houses of such Legislature. +(2) The Legislature of a State may by law regulate the recruitment, and +the conditions of service of persons appointed, to the secretarial staff of the +House or Houses of the Legislature of the State. +(3) Until provision is made by the Legislature of the State under clause (2), +the Governor may, after consultation with the Speaker of the Legislative Assembl +y +or the Chairman of the Legislative Council, as the case may be, make rules +regulating the recruitment, and the conditions of service of persons appointed, +to the +secretarial staff of the Assembly or the Council, and any rules so made shall ha +ve +effect subject to the provisions of any law made under the said clause. +Conduct of Business +188. Oath or affirmation by members.—Every member of the +Legislative Assembly or the Legislative Council of a State shall, before taking +his seat, make and subscribe before the Governor, or some person appointed in +that behalf by him, an oath or affirmation according to the form set out for the +purpose in the Third Schedule. +189. Voting in Houses, power of Houses to act notwithstanding +vacancies and quorum.—(1) Save as otherwise provided in this Constitution, +all questions at any sitting of a House of the Legislature of a State shall be +determined by a majority of votes of the members present and voting, other +than the Speaker or Chairman, or person acting as such. +The Speaker or Chairman, or person acting as such, shall not vote in the +first instance, but shall have and exercise a casting vote in the case of an +equality of votes. + + 76 + +THE CONSTITUTION OF INDIA + +(2) A House of the Legislature of a State shall have power to act +notwithstanding any vacancy in the membership thereof, and any proceedings +in the Legislature of a State shall be valid notwithstanding that it is discover +ed +subsequently that some person who was not entitled so to do sat or voted or +otherwise took part in the proceedings. +(3) Until the Legislature of the State by law otherwise +provides, the quorum to constitute a meeting of a House of +the Legislature of a State shall be ten members or one-tenth +of the total number of members of the House, whichever is +greater. +(4) If at any time during a meeting of the Legislative +Assembly or Legislative Council of a State there is no +quorum, it shall be the duty of the Speaker or Chairman, +or person acting as such, either to adjourn the House or to +suspend the meeting until there is a quorum. + +190. Vacation of seats.—(1) No person shall be a member of both +Houses of the Legislature of a State and provision shall be made by the +Legislature of the State by law for the vacation by a person who is chosen a +member of both Houses of his seat in one house or the other. +(2) No person shall be a member of the Legislatures of two or more +States specified in the First Schedule and if a person is chosen a member of the +Legislatures of two or more such States, then, at the expiration of such period +as may be specified in rules made by the President, that person's seat in the +Legislatures of all such States shall become vacant, unless he has previously +resigned his seat in the Legislatures of all but one of the States. +(3) If a member of a House of the Legislature of a State— +(a) becomes subject to any of the disqualifications mentioned in +clause (1) of article 191; or +(b) resigns his seat by writing under his hand addressed to the +speaker or the Chairman, as the case may be, +his seat shall thereupon become vacant: + 77 + +THE CONSTITUTION OF INDIA + +(4) If for a period of sixty days a member of a House of the Legislature +of a State is without permission of the House absent from all meetings thereof, +the House may declare his seat vacant: +Provided that in computing the said period of sixty days no account shall +be taken of any period during which the House is prorogued or is adjourned for +more than four consecutive days. +191. Disqualifications for membership.—(1) A person shall be +disqualified for being chosen as, and for being, a member of the Legislative +Assembly or Legislative Council of a State— +(a) if he holds any office of profit under the Government of +India or the Government of any State specified in the First Schedule, +other than an office declared by the Legislature of the State by law +not to disqualify its holder; +(b) if he is of unsound mind and stands so declared by a competent +court; +(c) if he is an undischarged insolvent; +(d) if he is not a citizen of India, or has voluntarily acquired the +citizenship of a foreign State, or is under any acknowledgment of +allegiance or adherence to a foreign State; +(e) if he is so disqualified by or under any law made by Parliament. +(2) For the purposes of this article, a person shall not be +deemed to hold an office of profit under the Government of India or the +Government of any State specified in the First Schedule by reason only that he +is a Minister either for the Union or for such State. + +192. (1) If any question arises as to whether a +member of a House of the Legislature of +a State has become subject to any of the +disqualifications mentioned in clause (i) +of article 191, the question shall be referred for the decision +of the Governor and his decision shall be final. + +(2) Before giving any decision on any such question, +the Governor shall obtain the opinion of the Election Com- +mission and shall act according to such opinion. + 78 + +THE CONSTITUTION OF INDIA + +193. Penalty for sitting and voting before making oath or affirmation +under article 188 or when not qualified or when disqualified.—If a person +sits or votes as a member of the Legislative Assembly or the Legislative +Council of a State before he has complied with the requirements of article 188, +or when he knows that he is not qualified or that he is disqualified for +membership thereof, or that he is prohibited from so doing by the provisions of +any law made by Parliament or the Legislature of the State, he shall be liable i +n +respect of each day on which he so sits or votes to a penalty of five hundred +rupees to be recovered as a debt due to the State. +Powers, Privileges and Immunities of State Legislatures +and their Members +194. Powers, privileges, etc., of the Houses of Legislatures and of the +members and committees thereof.—(1) Subject to the provisions of this +Constitution and to the rules and standing orders regulating the procedure of th +e +Legislature, there shall be freedom of speech in the Legislature of every State. +(2) No member of the Legislature of a State shall be liable to any +proceedings in any court in respect of anything said or any vote given by him in +the Legislature or any committee thereof, and no person shall be so liable in +respect of the publication by or under the authority of a House of such a +Legislature of any report, paper, votes or proceedings. + +(3) In other respects, the powers, privileges and +immunities of a House of the Legislature of a State, and of +the members and the committees of a House of such Legis- +lature, shall be such as may from time to time be defined by +the Legislature by law, and, until so defined, shall be those +of the House of Commons of the Parliament of the United +Kingdom, and of its members and committees, at the com- +mencement of this Constitution, + +(4) The provisions of clauses (1), (2) and (3) shall apply in relation to +persons who by virtue of this Constitution have the right to speak in, and +otherwise to take part in the proceedings of, a House of the Legislature of a St +ate +or any committee thereof as they apply in relation to members of that Legislatur +e. +195. Salaries and allowances of members.—Members of the +Legislative Assembly and the Legislative Council of a State shall be entitled to +receive such salaries and allowances as may from time to time be determined, +by the Legislature of the State by law and, until provision in that respect is s +o +made, salaries and allowances at such rates and upon such conditions as were +immediately before the commencement of this Constitution applicable in the +case of members of the Legislative Assembly of the corresponding Province. + + 79 + +THE CONSTITUTION OF INDIA + +Legislative Procedure +196. Provisions as to introduction and passing of Bills.—(1) Subject +to the provisions of articles 198 and 207 with respect to Money Bills and other +financial Bills, a Bill may originate in either House of the Legislature of a St +ate +which has a Legislative Council. +(2) Subject to the provisions of articles 197 and 198, a Bill shall not be +deemed to have been passed by the Houses of the Legislature of a State having +a Legislative Council unless it has been agreed to by both Houses, either +without amendment or with such amendments only as are agreed to by both +Houses. +(3) A Bill pending in the Legislature of a State shall not lapse by reason +of the prorogation of the House or Houses thereof. +(4) A Bill pending in the Legislative Council of a State which has not +been passed by the Legislative Assembly shall not lapse on a dissolution of the +Assembly. +(5) A Bill which is pending in the Legislative Assembly of a State, or +which having been passed by the Legislative Assembly is pending in the +Legislative Council, shall lapse on a dissolution of the Assembly. +197. Restriction on powers of Legislative Council as to Bills other +than Money Bills.—(1) If after a Bill has been passed by the Legislative +Assembly of a State having a Legislative Council and transmitted to the +Legislative Council— +(a) the Bill is rejected by the Council; or +(b) more than three months elapse from the date on which the Bill is +laid before the Council without the Bill being passed by it; or +(c) the Bill is passed by the Council with amendments to which the +Legislative Assembly does not agree; +the Legislative Assembly may, subject to the rules regulating its procedure, pas +s the +Bill again in the same or in any subsequent session with or without such amendme +nts, +if any, as have been made, suggested or agreed to by the Legislative Council and + then +transmit the Bill as so passed to the Legislative Council. +(2) If after a Bill has been so passed for the second time by the +Legislative Assembly and transmitted to the Legislative Council— +(a) the Bill is rejected by the Council; or + + 80 + +THE CONSTITUTION OF INDIA + +(b) more than one month elapses from the date on which the Bill is +laid before the Council without the Bill being passed by it; or +(c) the Bill is passed by the Council with amendments to which the +Legislative Assembly does not agree; +the Bill shall be deemed to have been passed by the Houses of the Legislature of + the +State in the form in which it was passed by the Legislative Assembly for the sec +ond +time with such amendments, if any, as have been made or suggested by the Legisla +tive +Council and agreed to by the Legislative Assembly. +(3) Nothing in this article shall apply to a Money Bill. +198. Special procedure in respect of Money Bills.—(1) A Money Bill +shall not be introduced in a Legislative Council. +(2) After a Money Bill has been passed by the Legislative Assembly of a +State having a Legislative Council, it shall be transmitted to the Legislative +Council for its recommendations, and the Legislative Council shall within a +period of fourteen days from the date of its receipt of the Bill return the Bill + to the +Legislative Assembly with its recommendations, and the Legislative Assembly +may thereupon either accept or reject all or any of the recommendations of the +Legislative Council. +(3) If the Legislative Assembly accepts any of the recommendations of +the Legislative Council, the Money Bill shall be deemed to have been passed +by both Houses with the amendments recommended by the Legislative Council +and accepted by the Legislative Assembly. +(4) If the Legislative Assembly does not accept any of the +recommendations of the Legislative Council, the Money Bill shall be deemed +to have been passed by both Houses in the form in which it was passed by the +Legislative Assembly without any of the amendments recommended by the +Legislative Council. +(5) If a Money Bill passed by the Legislative Assembly and transmitted +to the Legislative Council for its recommendations is not returned to the +Legislative Assembly within the said period of fourteen days, it shall be +deemed to have been passed by both Houses at the expiration of the said period +in the form in which it was passed by the Legislative Assembly. +199. Definition of “Money Bills”.—(1) For the purposes of this +Chapter, a Bill shall be deemed to be a Money Bill if it contains only provision +s +dealing with all or any of the following matters, namely:— +(a) the imposition, abolition, remission, alteration or regulation of any tax; + + 81 + +THE CONSTITUTION OF INDIA + +(b) the regulation of the borrowing of money or the giving of any +guarantee by the State, or the amendment of the law with respect to any +financial obligations undertaken or to be undertaken by the State; +(c) the custody of the Consolidated Fund or the Contingency Fund +of the State, the payment of moneys into or the withdrawal of moneys +from any such Fund; +(d) the appropriation of moneys out of the Consolidated Fund of +the State; +(e) the declaring of any expenditure to be expenditure charged on +the Consolidated Fund of the State, or the increasing of the amount of +any such expenditure; +(f) the receipt of money on account of the Consolidated Fund of the +State or the public account of the State or the custody or issue of such +money; or +(g) any matter incidental to any of the matters specified in subclauses (a) to ( +f). +(2) A Bill shall not be deemed to be a Money Bill by reason only that it +provides for the imposition of fines or other pecuniary penalties, or for the +demand or payment of fees for licences or fees for services rendered, or by +reason that it provides for the imposition, abolition, remission, alteration or +regulation of any tax by any local authority or body for local purposes. +(3) If any question arises whether a Bill introduced in the Legislature of +a State which has a Legislative Council is a Money Bill or not, the decision of +the Speaker of the Legislative Assembly of such State thereon shall be final. +(4) There shall be endorsed on every Money Bill when it is transmitted +to the Legislative Council under article 198, and when it is presented to the +Governor for assent under article 200, the certificate of the Speaker of the +Legislative Assembly signed by him that it is a Money Bill. +200. Assent to Bills.—When a Bill has been passed by the Legislative +Assembly of a State or, in the case of a State having a Legislative Council, has +been passed by both Houses of the Legislature of the State, it shall be presente +d +to the Governor and the Governor shall declare either that he assents to the Bil +l +or that he withholds assent therefrom or that he reserves the Bill for the +consideration of the President: + + 82 + +THE CONSTITUTION OF INDIA + +Provided that the Governor may, as soon as possible after the +presentation to him of the Bill for assent, return the Bill if it is not a Money + Bill +together with a message requesting that the House or Houses will reconsider +the Bill or any specified provisions thereof and, in particular, will consider t +he +desirability of introducing any such amendments as he may recommend in his +message and, when a Bill is so returned, the House or Houses shall reconsider +the Bill accordingly, and if the Bill is passed again by the House or Houses +with or without amendment and presented to the Governor for assent, the +Governor shall not withhold assent therefrom: +Provided further that the Governor shall not assent to, but shall reserve +for the consideration of the President, any Bill which in the opinion of the +Governor would, if it became law, so derogate from the powers of the High +Court as to endanger the position which that Court is by this Constitution +designed to fill. +201. Bills reserved for consideration.—When a Bill is reserved by a +Governor for the consideration of the President, the President shall declare +either that he assents to the Bill or that he withholds assent therefrom: +Provided that, where the Bill is not a Money Bill, the President may +direct the Governor to return the Bill to the House or, as the case may be, the +Houses of the Legislature of the State together with such a message as is +mentioned in the first proviso to article 200 and, when a Bill is so returned, t +he +House or Houses shall reconsider it accordingly within a period of six months +from the date of receipt of such message and, if it is again passed by the House +or Houses with or without amendment, it shall be presented again to the +President for his consideration. +Procedure in Financial Matters +202. Annual financial statement.—(1) The Governor shall in respect of +every financial year cause to be laid before the House or Houses of the +Legislature of the State a statement of the estimated receipts and expenditure o +f +the State for that year, in this Part referred to as the “annual financial +statement”. +(2) The estimates of expenditure embodied in the annual financial +statement shall show separately— +(a) the sums required to meet expenditure described by this +Constitution as expenditure charged upon the Consolidated Fund of the +State; and + + 83 + +THE CONSTITUTION OF INDIA + +(b) the sums required to meet other expenditure proposed to be made +from the Consolidated Fund of the State; +and shall distinguish expenditure on revenue account from other expenditure. +(3) The following expenditure shall be expenditure charged on the +Consolidated Fund of each State— +(a) the emoluments and allowances of the Governor and other +expenditure relating to his office; +(b) the salaries and allowances of the Speaker and the Deputy +Speaker of the Legislative Assembly and, in the case of a State having a +Legislative Council, also of the Chairman and the Deputy Chairman of +the Legislative Council; +(c) debt charges for which the State is liable including interest, +sinking fund charges and redemption charges, and other expenditure +relating to the raising of loans and the service and redemption of debt; +(d) expenditure in respect of the salaries and allowances of Judges of +any High Court; +(e) any sums required to satisfy any judgment, decree or award of any +court or arbitral tribunal; +(f) any other expenditure declared by this Constitution, or by the +Legislature of the State by law, to be so charged. +203. Procedure in Legislature with respect to estimates.—(1) So +much of the estimates as relates to expenditure charged upon the Consolidated +Fund of a State shall not be submitted to the vote of the Legislative Assembly, +but nothing in this clause shall be construed as preventing the discussion in th +e +Legislature of any of those estimates. +(2) So much of the said estimates as relates to other expenditure shall +be submitted in the form of demands for grants to the Legislative Assembly, +and the Legislative Assembly shall have power to assent, or to refuse to assent, +to any demand, or to assent to any demand subject to a reduction of the amount +specified therein. +(3) No demand for a grant shall be made except on the recommendation +of the Governor. +204. Appropriation Bills.—(1) As soon as may be after the grants under +article 203 have been made by the Assembly, there shall be introduced a Bill to +provide for the appropriation out of the Consolidated Fund of the State of all +moneys required to meet— +(a) the grants so made by the Assembly; and + + 84 + +THE CONSTITUTION OF INDIA + +(b) the expenditure charged on the Consolidated Fund of the State but +not exceeding in any case the amount shown in the statement previously +laid before the House or Houses. +(2) No amendment shall be proposed to any such Bill in the House or +either House of the Legislature of the State which will have the effect of +varying the amount or altering the destination of any grant so made or of +varying the amount of any expenditure charged on the Consolidated Fund of +the State, and the decision of the person presiding as to whether an amendment +is inadmissible under this clause shall be final. +(3) Subject to the provisions of articles 205 and 206, no money shall be +withdrawn from the Consolidated Fund of the State except under appropriation +made by law passed in accordance with the provisions of this article. +205. Supplementary, additional or excess grants.—(1) The Governor +shall— +(a) if the amount authorised by any law made in accordance with the +provisions of article 204 to be expended for a particular service for the +current financial year is found to be insufficient for the purposes of that +year or when a need has arisen during the current financial year for +supplementary or additional expenditure upon some new service not +contemplated in the annual financial statement for that year, or +(b) if any money has been spent on any service during a financial +year in excess of the amount granted for that service and for that year, +cause to be laid before the House or the Houses of the Legislature of the State +another statement showing the estimated amount of that expenditure or cause to +be presented to the Legislative Assembly of the State a demand for such excess, +as the case may be. +(2) The provisions of articles 202, 203 and 204 shall have effect in +relation to any such statement and expenditure or demand and also to any law +to be made authorising the appropriation of moneys out of the Consolidated +Fund of the State to meet such expenditure or the grant in respect of such +demand as they have effect in relation to the annual financial statement and the +expenditure mentioned therein or to a demand for a grant and the law to be +made for the authorisation of appropriation of moneys out of the Consolidated +Fund of the State to meet such expenditure or grant. + + 85 + +THE CONSTITUTION OF INDIA + +206. Votes on account, votes of credit and exceptional grants.—(1) +Notwithstanding anything in the foregoing provisions of this Chapter, the +Legislative Assembly of a State shall have power— +(a) to make any grant in advance in respect of the estimated +expenditure for a part of any financial year pending the completion of +the procedure prescribed in article 203 for the voting of such grant and +the passing of the law in accordance with the provisions of article 204 in +relation to that expenditure; +(b) to make a grant for meeting an unexpected demand upon the +resources of the State when on account of the magnitude or the indefinite +character of the service the demand cannot be stated with the details +ordinarily given in an annual financial statement; +(c) to make an exceptional grant which forms no part of the current +service of any financial year; +and the Legislature of the State shall have power to authorise by law the +withdrawal of moneys from the Consolidated Fund of the State for the purposes +for which the said grants are made. +(2) The provisions of articles 203 and 204 shall have effect in relation to +the making of any grant under clause (1) and to any law to be made under that +clause as they have effect in relation to the making of a grant with regard to a +ny +expenditure mentioned in the annual financial statement and the law to be made +for the authorisation of appropriation of moneys out of the Consolidated Fund +of the State to meet such expenditure. +207. Special provisions as to financial Bills.—(1) A Bill or amendment +making provision for any of the matters specified in sub-clauses (a) to (f) of +clause (1) of article 199 shall not be introduced or moved except on the +recommendation of the Governor, and a Bill making such provision shall not be +introduced in a Legislative Council: +Provided that no recommendation shall be required under this clause for +the moving of an amendment making provision for the reduction or abolition of +any tax. +(2) A Bill or amendment shall not be deemed to make provision for any +of the matters aforesaid by reason only that it provides for the imposition of +fines or other pecuniary penalties, or for the demand or payment of fees for +licences or fees for services rendered, or by reason that it provides for the +imposition, abolition, remission, alteration or regulation of any tax by any loc +al +authority or body for local purposes. + + 86 + +THE CONSTITUTION OF INDIA + +(3) A Bill which, if enacted and brought into operation, would involve +expenditure from the Consolidated Fund of a State shall not be passed by a +House of the Legislature of the State unless the Governor has recommended to +that House the consideration of the Bill. +Procedure Generally +208. Rules of procedure.—(1) A House of the Legislature of a State +may make rules for regulating, subject to the provisions of this Constitution, i +ts +procedure and the conduct of its business. +(2) Until rules are made under clause (1), the rules of procedure and +standing orders in force immediately before the commencement of this +Constitution with respect to the Legislature for the corresponding Province shal +l +have effect in relation to the Legislature of the State subject to such modifica +tions +and adaptations as may be made therein by the Speaker of the Legislative +Assembly, or the Chairman of the Legislative Council, as the case may be. +(3) In a State having a Legislative Council the Governor, after +consultation with the Speaker of the Legislative Assembly and the Chairman of +the Legislative Council, may make rules as to the procedure with respect to +communications between the two Houses. +209. Regulation by law of procedure in the Legislature of the State in +relation to financial business.—The Legislature of a State may, for the purpos +e +of the timely completion of financial business, regulate by law the procedure of +, +and the conduct of business in, the House or Houses of the Legislature of the +State in relation to any financial matter or to any Bill for the appropriation o +f +moneys out of the Consolidated Fund of the State, and, if and so far as any +provision of any law so made is inconsistent with any rule made by the House or +either House of the Legislature of the State under clause (1) of article 208 or +with +any rule or standing order having effect in relation to the Legislature of the S +tate +under clause (2) of that article, such provision shall prevail. +210. Language to be used in the Legislature.—(1) Notwithstanding +anything in Part XVII, but subject to the provisions of article 348, business in +the Legislature of a State shall be transacted in the official language or +languages of the State or in Hindi or in English: +Provided that the Speaker of the Legislative Assembly or Chairman of +the Legislative Council, or person acting as such, as the case may be, may +permit any member who cannot adequately express himself in any of the +languages aforesaid to address the House in his mother-tongue. + + 87 + +THE CONSTITUTION OF INDIA + +(2) Unless the Legislature of the State by law otherwise provides, this +article shall, after the expiration of a period of fifteen years from the +commencement of this Constitution, have effect as if the words “or in English + +were omitted therefrom: +Provided that in relation to the Legislatures of the States of Himachal +Pradesh, Manipur, Meghalaya and Tripura this clause shall have effect as if for +the words “fifteen years” occurring therein, the words “twenty-five years + were +substituted: +Provided further that in relation to the Legislatures of the States of +Arunachal Pradesh, Goa and Mizoram, this clause shall have effect as if for the +words "fifteen years" occurring therein, the words "forty years" were +substituted. +211. Restriction on discussion in the Legislature.—No discussion +shall take place in the Legislature of a State with respect to the conduct of an +y +Judge of the Supreme Court or of a High Court in the discharge of his duties. +212. Courts not to inquire into proceedings of the Legislature.—(1) +The validity of any proceedings in the Legislature of a State shall not be calle +d +in question on the ground of any alleged irregularity of procedure. +(2) No officer or member of the Legislature of a State in whom powers +are vested by or under this Constitution for regulating procedure or the conduct +of business, or for maintaining order, in the Legislature shall be subject to th +e +jurisdiction of any court in respect of the exercise by him of those powers. +CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR +213. Power of Governor to promulgate Ordinances during recess of +Legislature.—(1) If at any time, except when the Legislative Assembly of a +State is in session, or where there is a Legislative Council in a State, except +when both Houses of the Legislature are in session, the Governor is satisfied +that circumstances exist which render it necessary for him to take immediate +action, he may promulgate such Ordinances as the circumstances appear to +him to require: +Provided that the Governor shall not, without instructions from the +President, promulgate any such Ordinance if— +(a) a Bill containing the same provisions would under this +Constitution have required the previous sanction of the President for the +introduction thereof into the Legislature; or + + 88 + +THE CONSTITUTION OF INDIA + +(b) he would have deemed it necessary to reserve a Bill +containing the same provisions for the consideration of the President; or +(c) an Act of the Legislature of the State containing the same +provisions would under this Constitution have been invalid unless, +having been reserved for the consideration of the President, it had +received the assent of the President. +(2) An Ordinance promulgated under this article shall have the same +force and effect as an Act of the Legislature of the State assented to by the +Governor, but every such Ordinance— +(a) shall be laid before the Legislative Assembly of the State, or +where there is a Legislative Council in the State, before both the Houses, +and shall cease to operate at the expiration of six weeks from the +reassembly of the Legislature, or if before the expiration of that period a +resolution disapproving it is passed by the Legislative Assembly and +agreed to by the Legislative Council, if any, upon the passing of the +resolution or, as the case may be, on the resolution being agreed to by +the Council; and +(b) may be withdrawn at any time by the Governor. +Explanation.—Where the Houses of the Legislature of a State having a +Legislative Council are summoned to reassemble on different dates, the period +of six weeks shall be reckoned from the later of those dates for the purposes of +this clause. +(3) If and so far as an Ordinance under this article makes any provision +which would not be valid if enacted in an Act of the Legislature of the State +assented to by the Governor, it shall be void: +Provided that, for the purposes of the provisions of this Constitution +relating to the effect of an Act of the Legislature of a State which is repugnan +t +to an Act of Parliament or an existing law with respect to a matter enumerated +in the Concurrent List, an Ordinance promulgated under this article in +pursuance of instructions from the President shall be deemed to be an Act of +the Legislature of the State which has been reserved for the consideration of th +e +President and assented to by him. + + +CHAPTER V.—THE HIGH COURTS IN THE STATES +214. High Courts for States.— (1)There shall be a High Court for each State. +(2) For the purposes of this Constitution the High +Court exercising jurisdiction in relation to any Province +immediately before the commencement of this Constitution +shall be deemed to be the High Court for the corresponding +State. +(3) The provisions of this Chapter shall apply to every +High Court referred to in this article. + THE CONSTITUTION OF INDIA + +89 + +215. High Courts to be courts of record.—Every High Court shall be a +court of record and shall have all the powers of such a court including the +power to punish for contempt of itself. +216. Constitution of High Courts.—Every High Court shall consist of a +Chief Justice and such other Judges as the President may from time to time +deem it necessary to appoint. +Provided that the Judges so appointed shall at no +time exceed in number such maximum number as the +President may, from time to time, by order fix in relation +to that Court. + +217. Appointment and conditions of the office of a Judge of a High +Court.—(1) Every Judge of a High Court shall be appointed by the President +by warrant under his hand and seal after consultation with the Chief Justice of +India, the Governor of the State, and, in the case of appointment of a Judge +other than the Chief Justice, the Chief Justice of the High Court, and +shall hold office until he attains the age of sixty years: +Provided that— +(a) a Judge may, by writing under his hand addressed to the +President, resign his office; +(b) a Judge may be removed from his office by the President in the +manner provided in clause (4) of article 124 for the removal of a Judge +of the Supreme Court; +(c) the office of a Judge shall be vacated by his being appointed by +the President to be a Judge of the Supreme Court or by his being +transferred by the President to any other High Court within the territory +of India. +(2) A person shall not be qualified for appointment as a Judge of a High +Court unless he is a citizen of India and— +(a) has for at least ten years held a judicial office in the territory of +India; or +(b) has for at least ten years been an advocate of a High Court or of +two or more such Courts in succession; 90 + +THE CONSTITUTION OF INDIA + +Explanation.—For the purposes of this clause— + +(a) in computing the period during which a person has been an +advocate of a High Court, there shall be included any period during +which the person has held judicial office after he became an advocate; +(b) in computing the period during which a person has held judicial +office in the territory of India or been an advocate of a High Court, there +shall be included any period before the commencement of this +Constitution during which he has held judicial office in any area which +was comprised before the fifteenth day of August, 1947, within India as +defined by the Government of India Act, 1935, or has been an advocate +of any High Court in any such area, as the case may be. + +218. Application of certain provisions relating to Supreme Court to +High Courts.— The provisions of clauses (4) and (5) of article 124 shall apply +in relation to a High Court as they apply in relation to the Supreme Court with +the substitution of references to the High Court for references to the Supreme +Court. +219. Oath or affirmation by Judges of High Courts.—Every person +appointed to be a Judge of a High Court in a State shall, before he enters upon + his office, +make and subscribe before the Governor of the State, or some person appointed +in that behalf by him, an oath or affirmation according to the form set out for +the purpose in the Third Schedule. + + 91 + +THE CONSTITUTION OF INDIA + +220. No person who has held office as a Judge of a +High Court after the commencement of +this Constitution shall plead or act in any +authority by Judges. court or before any authority within the +territory of India. + +NOTES + +This Article is designed to prohibit retired Judges from practising +in any court or before any authority in the territory of India. + + +221. Salaries, etc., of Judges.— (1) There shall be paid to the Judges of +each High Court such salaries as are specified in the +Second Schedule. +(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 are specified in the Second Schedule: +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. + +222. Transfer of a Judge from one High Court to another.—(1) The +President may, after consultation with the Chief Justice of India, transfer a +Judge from one High Court to any other High Court within the territory of India. +(2) When a Judge is so transferred, he shall, during +the period he serves as a Judge of the other Court, be +entitled to receive in addition to his salary such compensatory +allowance as may be determined by Parliament by law and, +until so determined, such compensatory allowance as the +President may by order fix. + +223. Appointment of acting Chief Justice.—When the office of Chief +Justice of a High Court is vacant or when any such Chief Justice is, by reason +of absence or otherwise, unable to perform the duties of his office, the duties +of +the office shall be performed by such one of the other Judges of the Court as +the President may appoint for the purpose. + + 92 + +THE CONSTITUTION OF INDIA + +224. Notwithstanding anything in this Chapter, the +Attendance of retired chief Justice of a High Court for any +judges at sittings of High State may at any time, with the previous +Courts - consent of the President, request any +person who has held the office of a Judge of that Court or +of any other High Court to sit and act as a Judge of the +High Court for that State, and every such person so +requested shall, while so sitting and acting, be entitled to +such allowances as the President may by order determine +and have all the jurisdiction, powers and privileges of, but +shall not otherwise be deemed to be, a Judge of that High +Court : + +Provided that nothing in this article shall be +deemed to require any such person as aforesaid to sit and +act as a Judge of that High Court unless he consents so to do. + +NOTES +This Article is based on S. 8 of the Supreme Court of Judidature +(Consolidation) Act, 1925 (15 and 16 Geo, 5-Ch. 49). See also Article +128, ante. + +225. Jurisdiction of existing High Courts.—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 this +Constitution, the jurisdiction of, and the law administered in, any existing Hig +h +Court, and the respective powers of the Judges thereof in relation to the +administration of justice in the Court, including any power to make rules of +Court and to regulate the sittings of the Court and of members thereof sitting +alone or in Division Courts, shall be the same as immediately before the +commencement of this Constitution: +Provided that any restriction to which the exercise of +original jurisdiction by any of the High Courts with respect +to any matter concerning the revenue or concerning any +act ordered or done in the collection thereof was subject +immediately before the commencement of this Con- +stitution shall no longer apply to the exercise of such juris- +diction. + 93 + +THE CONSTITUTION OF INDIA + + +226.(1) Notwithstanding anything in article 32, +every High Court shall have power, +throughout the territories. in relation to +which it exercises jurisdiction, to issue to +any person or authority, including in appropriate cases any +Government, within those territories, directions, orders or +writs, including writs in the nature of habeas corpus, +mandamus, prohibition, quo warranto and certiorari, or any +of them, for the enforcement of any of the rights conferred +by Part III and for any other purpose. + +(2) The power conferred on a High Court by clause (1) +shall not be in derogation of the power conferred on the +Supreme Court by clause (2) of article 32. + + 94 + +THE CONSTITUTION OF INDIA + + +227. Power of superintendence over all courts by the High Court.— +(1) Every High Court shall have superintendence +over all courts and tribunals throughout +Power of superintend the territories in relation to which it +exercises jurisdiction. +(2) Without prejudice to the generality of the foregoing provision, the +High Court may— +(a) call for returns from such courts; +(b) make and issue general rules and prescribe forms for regulating +the practice and proceedings of such courts; and +(c) prescribe forms in which books, entries and accounts shall be kept +by the officers of any such courts. +(3) The High Court may also settle tables of fees to be allowed to the +sheriff and all clerks and officers of such courts and to attorneys, advocates a +nd +pleaders practising therein: +Provided that any rules made, forms prescribed or tables settled under +clause (2) or clause (3) shall not be inconsistent with the provision of any law +for the time being in force, and shall require the previous approval of the +Governor. +(4) Nothing in this article shall be deemed to confer on a High Court +powers of superintendence over any court or tribunal constituted by or under +any law relating to the Armed Forces. + +228. Transfer of certain cases to High Court.—If the High Court is +satisfied that a case pending in a court subordinate to it involves a substantia +l +question of law as to the interpretation of this Constitution the determination +of +which is necessary for the disposal of the case, it shall withdraw the case and, + may— +(a) either dispose of the case itself, or +(b) determine the said question of law and return the case to the +court from which the case has been so withdrawn together with a copy of +its judgment on such question, and the said court shall on receipt thereof +proceed to dispose of the case in conformity with such judgment. + + 95 + +THE CONSTITUTION OF INDIA + + + +229. Officers and servants and the expenses of High Courts.—(1) +Appointments of officers and servants of a High Court shall be made by the +Chief Justice of the Court or such other Judge or officer of the Court as he may +direct: +Provided that the Governor of the State in which the High Court has its principa +l seat +may by rule require that in such +cases as may be specified in the rule no person not already attached to the +Court shall be appointed to any office connected with the Court save after +consultation with the State Public Service Commission. +(2) Subject to the provisions of any law made by the Legislature of the +State, the conditions of service of officers and servants of a High Court shall +be +such as may be prescribed by rules made by the Chief Justice of the Court or by +some other Judge or officer of the Court authorised by the Chief Justice to +make rules for the purpose: +Provided that the rules made under this clause shall, so far as they relate +to salaries, allowances, leave or pensions, require the approval of the Governor +of the State in which the High Court has its principal seat. +(3) The administrative expenses of a High Court, including all salaries, +allowances and pensions payable to or in respect of the officers and servants of +the Court, shall be charged upon the Consolidated Fund of the State, and any +fees or other moneys taken by the Court shall form part of that Fund. + + +230, Parliament may by law - +(a)extend the jurisdiction of a +High Court to, Or +(b) exclude the jurisdiction of a High Court from, +any State specified in the First Schedule other than, or any +area not within, the State in which the High Court has its +principal seat. + +231. Where a High Court exercises jurisdiction in +relation to any area outside the State in +which it has its principal seat, nothing in +this Constitution shall be construed +( a ) as empowering the Legislature of +the State in which the Court has its +principal seat to increase, restrict or +abolish that jurisdiction ; + +(b) as empowering the Legislature of a State +specified in Part A or Part B of the First +Schedule in which any such area is situate, to +abolish that jurisdiction ; or + +(c) as preventing the Legislature having power to +make laws in that behalf for any such area, +from passing, subject to the provisions of +clause (6), such laws with respect to the +jurisdiction of the Court in relation to that +area as it would be competent to pass if the +principal seat of the Court were in that area. + +232. Where a High Court exercises jurisdiction in +relation to more than one State specified +in the First Schedule or in relation to a +State and an area not forming part of the State— + +(a) references in this Chapter to the Governor in +relation to the Judges of High Court shall +be construed as references to the Governor +of the State in which the Court has its +principal seat ; + +(b) the reference to the approval by the Governor +of rules, forms and tables for subordinate +courts shall be construed as a reference to the +approval thereof by the Governor or the +Rajpramukh of the State in which the sub- +ordinate court is situate, or if it is situate in +an area not forming part of any State specified +in Part A or Part B of the First Schedule, by +the President ; and + +(c) references to the Consolidated Fund of the +State shall be construed as references to the +Consolidated Fund of the State in which the +Court has its principal seat. + + + +CHAPTER VI.—SUBORDINATE COURTS +233. Appointment of district judges.—(1) Appointments of persons to +be, and the posting and promotion of, district judges in any State shall be made +by the Governor of the State in consultation with the High Court exercising +jurisdiction in relation to such State. +(2) A person not already in the service of the Union or of the State shall +only be eligible to be appointed a district judge if he has been for not less th +an +seven years an advocate or a pleader and is recommended by the High Court +for appointment. + + 97 + +THE CONSTITUTION OF INDIA + + +234. Recruitment of persons other than district judges to the judicial +service.—Appointments of persons other than district judges to the judicial se +rvice +of a State shall be made by the Governor of the State in accordance with rules m +ade +by him in that behalf after consultation with the State Public Service Commissio +n +and with the High Court exercising jurisdiction in relation to such State. +235. Control over subordinate courts.—The control over district +courts and courts subordinate thereto including the posting and promotion of, +and the grant of leave to, persons belonging to the judicial service of a State +and holding any post inferior to the post of district judge shall be vested in t +he +High Court, but nothing in this article shall be construed as taking away from +any such person any right of appeal which he may have under the law +regulating the conditions of his service or as authorising the High Court to dea +l +with him otherwise than in accordance with the conditions of his service +prescribed under such law. + + 98 + +THE CONSTITUTION OF INDIA + +236. Interpretation.— In this Chapter— +(a) the expression “district judge” includes judge of a city civil court, +additional district judge, joint district judge, assistant district judge, chief +judge of a small cause court, chief presidency magistrate, additional +chief presidency magistrate, sessions judge, additional sessions judge +and assistant sessions Judge; +(b) the expression “judicial service” means a service consisting +exclusively of persons intended to fill the post of district judge and other +civil judicial posts inferior to the post of district judge. +237. Application of the provisions of this Chapter to certain class or +classes of magistrates.—The Governor may by public notification direct that +the foregoing provisions of this Chapter and any rules made thereunder shall +with effect from such date as may be fixed by him in that behalf apply in +relation to any class or classes of magistrates in the State as they apply in +relation to persons appointed to the judicial service of the State subject to su +ch +exceptions and modifications as may be specified in the notification. + + diff --git a/PART7.txt b/PART7.txt new file mode 100644 index 0000000..63fefc7 --- /dev/null +++ b/PART7.txt @@ -0,0 +1,143 @@ +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.” \ No newline at end of file diff --git a/PART8.txt b/PART8.txt new file mode 100644 index 0000000..2800b05 --- /dev/null +++ b/PART8.txt @@ -0,0 +1,78 @@ +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. \ No newline at end of file diff --git a/PART9.txt b/PART9.txt new file mode 100644 index 0000000..e9147c2 --- /dev/null +++ b/PART9.txt @@ -0,0 +1,27 @@ +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, diff --git a/Preamble.txt b/Preamble.txt new file mode 100644 index 0000000..b1b9b6f --- /dev/null +++ b/Preamble.txt @@ -0,0 +1,22 @@ +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. + + \ No newline at end of file diff --git a/SCHEDULE1.txt b/SCHEDULE1.txt new file mode 100644 index 0000000..151c81e --- /dev/null +++ b/SCHEDULE1.txt @@ -0,0 +1,93 @@ +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. \ No newline at end of file diff --git a/SCHEDULE2.txt b/SCHEDULE2.txt new file mode 100644 index 0000000..1ff3159 --- /dev/null +++ b/SCHEDULE2.txt @@ -0,0 +1,212 @@ +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). + + \ No newline at end of file diff --git a/SCHEDULE3.txt b/SCHEDULE3.txt new file mode 100644 index 0000000..5bee916 --- /dev/null +++ b/SCHEDULE3.txt @@ -0,0 +1,95 @@ +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.” + + \ No newline at end of file diff --git a/SCHEDULE4.txt b/SCHEDULE4.txt new file mode 100644 index 0000000..fcfdcfc --- /dev/null +++ b/SCHEDULE4.txt @@ -0,0 +1,33 @@ +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”. ------- \ No newline at end of file diff --git a/SCHEDULE5.txt b/SCHEDULE5.txt new file mode 100644 index 0000000..7ab8187 --- /dev/null +++ b/SCHEDULE5.txt @@ -0,0 +1,141 @@ +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. + + \ No newline at end of file diff --git a/SCHEDULE6.txt b/SCHEDULE6.txt new file mode 100644 index 0000000..ed270ed --- /dev/null +++ b/SCHEDULE6.txt @@ -0,0 +1,1282 @@ +SIXTH SCHEDULE +[Articles 244(2) and 275(1)] +Provisions as to the Administration of Tribal Areas in the States of Assam and M +eghalaya + +1 +1. Autonomous districts and autonomous regions.—(1) Subject to +the provisions of this paragraph, the tribal areas in each item of Parts I and I +I and +and in Part III of the table appended to paragraph 20 of this Schedule shall +be an autonomous district. +(2) If there are different Scheduled Tribes in an autonomous district, the +Governor may, by public notification, divide the area or areas inhabited by +them into autonomous regions. +(3) The Governor may, by public notification,— +(a) include any area in any of the Parts of the said table, +(b) exclude any area from any of the Parts of the said table, +(c) create a new autonomous district, +(d) increase the area of any autonomous district, +(e) diminish the area of any autonomous district, +(f) unite two or more autonomous districts or parts thereof so as to +form one autonomous district, +(ff) alter the name of any autonomous district, +(g) define the boundaries of any autonomous district: +Provided that no order shall be made by the Governor under clauses (c), +(d), (e) and (f) of this sub-paragraph except after consideration of the report +of a +Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule: +Provided further that any order made by the Governor under this subparagraph may + contain such incidental and consequential provisions (including +any amendment of paragraph 20 and of any item in any of the Parts of the said +Table) as appear to the Governor to be necessary for giving effect to the +provisions of the order. + +______________________________________________ +1. Paragraph 1 has been amended in its application to the State of Assam by the +Sixth Schedule to the +Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the follo +wing proviso after +sub-paragraph (2), namely:— +“Provided that nothing in this sub-paragraph shall apply to the Bodoland Terri +torial Areas +District. + +239 + + THE CONSTITUTION OF INDIA + +240 + +1-2-3 + +2. Constitution of District Councils and Regional Councils.— +(1) There shall be a District Council for each autonomous +district +consisting of not more than thirty members, of whom not more than four +persons shall be nominated by the Governor and the rest shall be elected on the +basis of adult suffrage. +(2) There shall be a separate Regional Council for each area constituted +an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule. +(3) Each District Council and each Regional Council shall be a body +corporate by the name respectively of “the District Council of (name of +district)” and “the Regional Council of (name of region)”, shall have perp +etual +succession and a common seal and shall by the said name sue and be sued. +(4) Subject to the provisions of this Schedule, the administration of an +autonomous district shall, in so far as it is not vested under this Schedule in +any +Regional Council within such district, be vested in the District Council for suc +h +district and the administration of an autonomous region shall be vested in the +Regional Council for such region. + +______________________________________________ +1. Paragraph 2 has been amended in its application to the State of Assam by the +Sixth Schedule to the +Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the follo +wing proviso after +sub-paragraph (1), namely: — +“Provided that the Bodoland Territorial Council shall consist of not more than + forty-six +members of whom forty shall be elected on the basis of adult suffrage, of whom t +hirty shall be +reserved for the Scheduled Tribes, five for non-tribal communities, five open fo +r all communities +and the remaining six shall be nominated by the Governor having same rights and +privileges as +other members, including voting rights, from amongst the un-represented communit +ies of the +Bodoland Territorial Areas District, of which at least two shall be women :” +2. Paragraph 2 has been amended in its application to the State of Assam by the +Sixth Schedule to the +Constitution (Amendment) Act, 1995 (42 of 1995), s.2, so as to insert the follow +ing proviso after +sub-paragraph (3), namely : — +“Provided that the District Council constituted for the North Cachar Hills Dis +trict shall be +called as the North Cachar Hills Autonomous Council and the District Council con +stituted for +the Karbi Anglong District shall be called as the Karbi Anglong Autonomous Counc +il.” +3. Paragraph 2 has been amended in its application to the State of Assam by the +Sixth Schedule to +the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the f +ollowing proviso +after sub-paragraph (3), namely: — +“Provided further that the District Council constituted for the Bodoland Terri +torial Areas +District shall be called the Bodoland Territorial Council.”. + + 241 + +THE CONSTITUTION OF INDIA + +(5) In an autonomous district with Regional Councils, the District +Council shall have only such powers with respect to the areas under the +authority of the Regional Council as may be delegated to it by the Regional +Council in addition to the powers conferred on it by this Schedule with respect +to such areas. +(6) The Governor shall make rules for the first constitution of District +Councils and Regional Councils in consultation with the existing tribal +Councils or other representative tribal organisations within the autonomous +districts or regions concerned, and such rules shall provide for— +(a) the composition of the District Councils and Regional +Councils and the allocation of seats therein; +(b) the delimitation of territorial constituencies for the purpose of +elections to those Councils; +(c) the qualifications for voting at such elections and the +preparation of electoral rolls therefor; +(d) the qualifications for being elected at such elections as +members of such Councils; +(e) the term of office of members of Regional Councils; +(f) any other matter relating to or connected with elections or +nominations to such Councils; +(g) the procedure and the conduct of business (including the power +to act notwithstanding any vacancy) in the District and Regional Councils; +(h) the appointment of officers and staff of the District and +Regional Councils. +(6A) The elected members of the District Council shall hold office for a +term of five years from the date appointed for the first meeting of the Council +after the general elections to the Council, unless the District Council is soone +r +dissolved under paragraph 16 and a nominated member shall hold office at the +pleasure of the Governor: +Provided that the said period of five years may, while a Proclamation of +Emergency is in operation or if circumstances exist which, in the opinion of the +Governor, render the holding of elections impracticable, be extended by the +Governor for a period not exceeding one year at a time and in any case where a +Proclamation of Emergency is in operation not extending beyond a period of +six months after the Proclamation has ceased to operate: + + THE CONSTITUTION OF INDIA + +242 + +Provided further that a member elected to fill a casual vacancy shall hold +office only for the remainder of the term of office of the member whom he +replaces. +(7) The District or the Regional Council may after its first constitution +make rules with the approval of the Governor with regard to the matters +specified in sub-paragraph (6) of this paragraph and may also make rules with +like approval regulating— +(a) the formation of subordinate local Councils or Boards and +their procedure and the conduct of their business; and +(b) generally all matters relating to the transaction of business +pertaining to the administration of the district or region, as the case +may be: +Provided that until rules are made by the District or the Regional Council +under this sub-paragraph the rules made by the Governor under sub-paragraph +(6) of this paragraph shall have effect in respect of elections to, the officers + and +staff of, and the procedure and the conduct of business in, each such Council. +* + +* + +* + +* + +1-2-3 + +3. Powers of the District Councils and Regional Councils to +make laws.—(1) The Regional Council for an autonomous region in respect + +______________________________________________ +1. Paragraph 3 has been amended in its application to the State of Assam by the +Sixth Schedule to the +Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 , so as to substitute sub- +paragraph (3) as under, “(3) Save as otherwise provided in sub-paragraph (2) o +f paragraph 3A or sub-paragraph (2) +of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of para +graph 3A or subparagraph (1) of paragraph 3B shall be submitted forthwith to the + Governor and, until assented to +by him, shall have no effect.” . +2. After paragraph 3, the following paragraph has been inserted in its applicati +on to the State of Assam by +the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2 +and after paragraph +3A, the following paragraph has been inserted in its application to the State of + Assam by the Sixth +Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, namely: + +“3A. Additional powers of the North Cachar Hills Autonomous Council and the Ka +rbi +Anglong Autonomous Council to make laws.—(1) Without prejudice to the provisio +ns of +paragraph 3, the North Cachar Hills Autonomous Council and the Karbi Anglong Aut +onomous +Council within their respective districts, shall have power to make laws with re +spect to— +(a) industries, subject to the provisions of entries 7 and 52 of List I of the S +eventh Schedule; + + 243 + +THE CONSTITUTION OF INDIA + +(Foot-note Continue),(b) communications, that is to say, roads, bridges, ferries + and other means of communication +not specified in List I of the Seventh Schedule; municipal tramways, ropeways, i +nland +waterways and traffic thereon subject to the provisions of List I and List III o +f the +Seventh Schedule with regard to such waterways; vehicles other than mechanically +propelled vehicles; +(c) preservation, protection and improvement of stock and prevention of animal d +iseases; +veterinary training and practice; cattle pounds; +(d) primary and secondary education; +(e) agriculture, including agricultural education and research, protection again +st pests and +prevention of plant diseases; +(f) fisheries; +(g) water, that is to say, water supplies, irrigation and canals, drainage and e +mbankments, +water storage and water power subject to the provisions of entry 56 of List I of + the +Seventh Schedule; +(h) social security and social insurance; employment and unemployment; +(i) flood control schemes for protection of villages, paddy fields, markets, tow +ns, etc. (not of +technical nature); +(j) theatre and dramatic performances, cinemas subject to the provisions of entr +y 60 of List I +of the Seventh Schedule; sports, entertainments and amusements; +(k) public health and sanitation, hospitals and dispensaries; +(l) minor irrigation; +(m) trade and commerce in, and the production supply and distribution of, food s +tuffs, cattle +fodder, raw cotton and raw jute; +(n) libraries, museums and other similar institutions controlled or financed by +the State; +ancient and historical monuments and records other than those declared by or und +er any +law made by Parliament to be of national importance; and +(o) alienation of land. +(2) All laws made by the North Cachar Hills Autonomous Council and the Karbi Ang +long +Autonomous Council under paragraph 3 or under this paragraph shall, in so far as + they relate to +matters specified in List III of the Seventh Schedule, be submitted forthwith to + the Governor who +shall reserve the same for the consideration of the President. +(3) When a law is reserved for the consideration of the President, the President + shall declare +either that he assents to the said law or that he withholds assent therefrom: +Provided that the President may direct the Governor to return the law to the Nor +th Cachar Hills +Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be, +together +with a message requesting that the said Council will reconsider the law or any s +pecified provisions +thereof and, in particular, will consider the desirability of introducing any su +ch amendments as he +may recommend in his message and, when the law is so returned, the said Council +shall +consider the law accordingly within a period of six months from the date of rece +ipt of such +message and, if the law is again passed by the said Council with or without amen +dment it shall be +presented again to the President for his consideration." + + 244 + +THE CONSTITUTION OF INDIA + +(Foot-note Continue),3. After paragraph 3A, the following paragraph has been ins +erted in its application to the State of Assam by +the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, + namely:-3B. Additional powers of the Bodoland Territorial Council to make laws. +—(1) Without +prejudice to the provisions of paragraph 3, the Bodoland Territorial Council wit +hin its areas shall +have power to make laws with respect to :(i) agriculture, including agricultural + education and research, protection against pests +and prevention of plant diseases; (ii) animal husbandry and veterinary, that is +to say, +preservation, protection and improvement of stock and prevention of animal disea +ses, veterinary +training and practice, cattle pounds; (iii) co-operation; (iv) cultural affairs; + (v) education, that +is to say, primary education, higher secondary including vocational training, ad +ult education, +college education (general); (vi) fisheries; (vii) flood control for protection +of village, paddy +fields, markets and towns (not of technical nature); (viii) Food and civil suppl +y; (ix) forests +(other than reserved forests); (x) handloom and textile; (xi) health and family +welfare, (xii) +intoxicating liquors, opium and derivatives, subject to the provisions of entry +84 of List I of the +Seventh Schedule; (xiii) irrigation; (xiv) labour and employment; (xv) land and +revenue; (xvi) +library services (financed and controlled by the State Government); (xvii) lotte +ries (subject to +the provisions of entry 40 of List I of the Seventh Schedule), theatres, dramati +c performances +and cinemas (subject to the provisions of entry 60 of List I of the Seventh Sche +dule); (xviii) +markets and fairs; (xix) municipal corporation, improvement trust, district boar +ds and other +local authorities; (xx) museum and archaeology institutions controlled or financ +ed by the State, +ancient and historical monuments and records other than those declared by or und +er any law +made by Parliament to be of national importance; (xxi) panchayat and rural devel +opment; +(xxii) planning and development; (xxiii) printing and stationery; (xxiv) pubic h +ealth +engineering; (xxv) public works department; (xxvi) publicity and public relation +s; (xxvii) +registration of births and deaths; (xxviii) relief and rehabilitation; (xxix) se +riculture; (xxx) +small, cottage and rural industry subject to the provisions of entries 7 and 52 +of List I of the +Seventh Schedule; (xxxi) social Welfare; (xxxii) soil conservation; (xxxiii) spo +rts and youth +welfare; (xxxiv) statistics; (xxxv) tourism; (xxxvi) transport (roads, bridges, +ferries and other +means of communications not specified in List I of the Seventh Schedule, municip +al tramways, +ropeways, inland waterways and traffic thereon subject to the provision of List +I and List III of +the Seventh Schedule with regard to such waterways, vehicles other than mechanic +ally +propelled vehicles); (xxxvii) tribal research institute controlled and financed +by the State +Government; (xxxviii) urban development—town and country planning; (xxxix) wei +ghts +and measures subject to the provisions of entry 50 of List I of the Seventh Sche +dule; and (xl) +Welfare of plain tribes and backward classes: +Provided that nothing in such laws shall— +(a) extinguish or modify the existing rights and privileges of any citizen in +respect of his land at the date of commencement of this Act; and +(b) disallow and citizen from acquiring land either by way of inheritance, +allotment, settlement or by any other way of transfer if such citizen is otherwi +se +eligible for such acquisition of land within the Bodoland Territorial Areas Dist +rict. +(2) All laws made under paragraph 3 or under this paragraph shall in so far as t +hey relate +to matters specified in List III of the Seventh Schedule, be submitted forthwith + to the Governor +who shall reserve the same for the consideration of the President. + + 245 + +THE CONSTITUTION OF INDIA + +of all areas within such region and the District Council for an autonomous +district in respect of all areas within the district except those which are unde +r +the authority of Regional Councils, if any, within the district shall have power +to make laws with respect to— +(a) the allotment, occupation or use, or the setting apart, of land, +other than any land which is a reserved forest for the purposes of +agriculture or grazing or for residential or other non-agricultural +purposes or for any other purpose likely to promote the interests of the +inhabitants of any village or town: +Provided that nothing in such laws shall prevent the compulsory +acquisition of any land, whether occupied or unoccupied, for public +purposes by the Government of the State concerned in accordance with +the law for the time being in force authorising such acquisition; +(b) the management of any forest not being a reserved forest; +(c) the use of any canal or water-course for the purpose of +agriculture; +(d) the regulation of the practice of jhum or other forms of shifting +cultivation; +(e) the establishment of village or town committees or councils +and their powers; +(f) any other matter relating to village or town administration, +including village or town police and public health and sanitation; +(g) the appointment or succession of Chiefs or Headmen; +(h) the inheritance of property; +(i) marriage and divorce; +(j) social customs. +(Foot-note Continue),(3) When a law is reserved for the consideration of the Pre +sident, the President shall +declare either that he assents to the said law or that he withholds assent there +from: +Provided that the President may direct the Governor to return the law to the Bod +oland +Territorial Council, together with the message requesting that the said Council +will reconsider +the law or any specified provisions thereof and, in particular, will consider th +e desirability of +introducing any such amendments as he may recommend in his message and, when the + law is +so returned, the said Council shall consider the law accordingly within a period + of six month +from the date of receipt of such message and, if the law is again passed by the +said Council with +or without amendments it shall be presented again to the President for his consi +deration.”. + + THE CONSTITUTION OF INDIA + +246 + +(2) In this paragraph, a “reserved forest” means any area which is a +reserved forest under the Assam Forest Regulation, 1891, or under any other +law for the time being in force in the area in question. +(3) All laws made under this paragraph shall be submitted forthwith to +the Governor and, until assented to by him, shall have no effect. +1 + +4. Administration of justice in autonomous districts and +autonomous regions.—(1) The Regional Council for an autonomous region in +respect of areas within such region and the District Council for an autonomous +district in respect of areas within the district other than those which are unde +r +the authority of the Regional Councils, if any, within the district may constitu +te +village councils or courts for the trial of suits and cases between the parties +all +of whom belong to Scheduled Tribes within such areas, other than suits and +cases to which the provisions of sub-paragraph (1) of paragraph 5 of this +Schedule apply, to the exclusion of any court in the State, and may appoint +suitable persons to be members of such village councils or presiding officers of +such courts, and may also appoint such officers as may be necessary for the +administration of the laws made under paragraph 3 of this Schedule. +(2) Notwithstanding anything in this Constitution, the Regional Council +for an autonomous region or any court constituted in that behalf by the +Regional Council or, if in respect of any area within an autonomous district +there is no Regional Council, the District Council for such district, or any cou +rt +constituted in that behalf by the District Council, shall exercise the powers of + a +court of appeal in respect of all suits and cases triable by a village council o +r +court constituted under sub-paragraph (1) of this paragraph within such region +or area, as the case may be, other than those to which the provisions of subpara +graph (1) of paragraph 5 of this Schedule apply, and no other court except +the High Court and the Supreme Court shall have jurisdiction over such suits or +cases. +(3) The High Court shall have and exercise such jurisdiction over the +suits and cases to which the provisions of sub-paragraph (2) of this paragraph +apply as the Governor may from time to time by order specify. + +______________________________________________ +1. Paragraph 4 has been amended in its application to the State of Assam by the +Sixth Schedule to the +Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the follo +wing subparagraph after sub-paragraph (5), namely :— +“(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council + constituted +under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.” . + + 247 + +THE CONSTITUTION OF INDIA + +(4) A Regional Council or District Council, as the case may be, may +with the previous approval of the Governor make rules regulating — +(a) the constitution of village councils and courts and the powers +to be exercised by them under this paragraph; +(b) the procedure to be followed by village councils or courts in the +trial of suits and cases under sub-paragraph (1) of this paragraph; +(c) the procedure to be followed by the Regional or District Council +or any court constituted by such Council in appeals and other proceedings +under sub-paragraph (2) of this paragraph; +(d) the enforcement of decisions and orders of such councils and +courts; +(e) all other ancillary matters for the carrying out of the provisions +of sub-paragraphs (1) and (2) of this paragraph. +(5) On and from such date as the President may, after consulting the +Government of the State concerned, by notification appoint in this behalf, this +paragraph shall have effect in relation to such autonomous district or region as +may be specified in the notification, as if— +(i) in sub-paragraph (1), for the words “between the parties all of +whom belong to Scheduled Tribes within such areas, other than suits and +cases to which the provisions of sub-paragraph (1) of paragraph 5 of this +Schedule apply,”, the words “not being suits and cases of the nature +referred to in sub-paragraph (1) of paragraph (5) of this Schedule, which +the Governor may specify in this behalf,” had been substituted; +(ii) sub-paragraphs (2) and (3) had been omitted; +(iii) in sub-paragraph (4)— +(a) for the words “A Regional Council or District Council, as +the case may be, may with the previous approval of the Governor +make rules regulating”, the words “the Governor may make rules +regulating” had been substituted; and +(b) for clause (a), the following clause had been substituted, +namely:— +“(a) the constitution of village councils and courts, the +powers to be exercised by them under this paragraph and the +courts to which appeals from the decisions of village councils +and courts shall lie;”; + + 248 + +THE CONSTITUTION OF INDIA + +(c) for clause (c), the following clause had been substituted, +namely:— +“(c) the transfer of appeals and other proceedings +pending before the Regional or District Council or any court +constituted by such Council immediately before the date +appointed by the President under sub-paragraph (5);”; and +(d) in clause (e), for the words, brackets and figures “subparagraphs (1) and +(2)”, the word, brackets and figure “subparagraph (1)” had been substitute +d. +5. Conferment of powers under the Code of Civil Procedure, 1908, +and the Code of Criminal Procedure, 1898 1 , on the Regional and District +Councils and on certain courts and officers for the trial of certain suits, +cases and offences.—(1) The Governor may, for the trial of suits or cases +arising out of any law in force in any autonomous district or region being a law +specified in that behalf by the Governor, or for the trial of offences punishabl +e +with death, transportation for life, or imprisonment for a term of not less than +five years under the Indian Penal Code or under any other law for the time +being applicable to such district or region, confer on the District Council or t +he +Regional Council having authority over such district or region or on courts +constituted by such District Council or on any officer appointed in that behalf +by the Governor, such powers under the Code of Civil Procedure, 1908, or, as +the case may be, the Code of Criminal Procedure, 18981, as he deems +appropriate, and thereupon the said Council, court or officer shall try the suit +s, +cases or offences in exercise of the powers so conferred. +(2) The Governor may withdraw or modify any of the powers conferred +on a District Council, Regional Council, court or officer under sub-paragraph +(1) of this paragraph. +(3) Save as expressly provided in this paragraph, the Code of Civil +Procedure, 1908, and the Code of Criminal Procedure, 18981, shall not apply to +the trial of any suits, cases or offences in an autonomous district or in any +autonomous region to which the provisions of this paragraph apply. +(4) On and from the date appointed by the President under subparagraph (5) of pa +ragraph 4 in relation to any autonomous district or +autonomous region, nothing contained in this paragraph shall, in its application +to that district or region, be deemed to authorise the Governor to confer on the +District Council or Regional Council or on courts constituted by the District +Council any of the powers referred to in sub-paragraph (1) of this paragraph. + +______________________________________________ +1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974). + + 249 + +THE CONSTITUTION OF INDIA + +6. Powers of the District Council to establish primary schools, etc.— +(1) The District Council for an autonomous district may establish, construct, or +manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries +, +roads, road transport and waterways in the district and may, with the previous +approval of the Governor, make regulations for the regulation and control +thereof and, in particular, may prescribe the language and the manner in which +primary education shall be imparted in the primary schools in the district. +(2) The Governor may, with the consent of any District Council, entrust +either conditionally or unconditionally to that Council or to its officers +functions in relation to agriculture, animal husbandry, community projects, coop +erative societies, social welfare, village planning or any other matter to +which the executive power of the State extends. +7. District and Regional Funds.—(1) There shall be constituted for +each autonomous district, a District Fund and for each autonomous region, a +Regional Fund to which shall be credited all moneys received respectively by +the District Council for that district and the Regional Council for that region +in +the course of the administration of such district or region, as the case may be, + in +accordance with the provisions of this Constitution. +(2) The Governor may make rules for the management of the District +Fund, or, as the case may be, the Regional Fund and for the procedure to be +followed in respect of payment of money into the said Fund, the withdrawal of +moneys therefrom, the custody of moneys therein and any other matter +connected with or ancillary to the matters aforesaid. +(3) The accounts of the District Council or, as the case may be, the +Regional Council shall be kept in such form as the Comptroller and AuditorGenera +l of India may, with the approval of the President, prescribe. +(4) The Comptroller and Auditor-General shall cause the accounts of the +District and Regional Councils to be audited in such manner as he may think +fit, and the reports of the Comptroller and Auditor-General relating to such +accounts shall be submitted to the Governor who shall cause them to be laid +before the Council. +8. Powers to assess and collect land revenue and to impose taxes.— +(1) The Regional Council for an autonomous region in respect of all lands +within such region and the District Council for an autonomous district in +respect of all lands within the district except those which are in the areas und +er +the authority of Regional Councils, if any, within the district, shall have the +power to assess and collect revenue in respect of such lands in accordance with +the principles for the time being followed by the Government of the State in +assessing lands for the purpose of land revenue in the State generally. + + 250 + +THE CONSTITUTION OF INDIA + +(2) The Regional Council for an autonomous region in respect of areas +within such region and the District Council for an autonomous district in respec +t +of all areas in the district except those which are under the authority of Regio +nal +Councils, if any, within the district, shall have power to levy and collect taxe +s on +lands and buildings, and tolls on persons resident within such areas. +(3) The District Council for an autonomous district shall have the power to levy +and collect all or any of the following taxes within such district, that is to s +ay — +(a) taxes on professions, trades, callings and employments; +(b) taxes on animals, vehicles and boats; +(c) taxes on the entry of goods into a market for sale therein, and +tolls on passengers and goods carried in ferries; and +(d) taxes for the maintenance of schools, dispensaries or roads. +(4) A Regional Council or District Council, as the case may be, may +make regulations to provide for the levy and collection of any of the taxes +specified in sub-paragraphs (2) and (3) of this paragraph and every such +regulation shall be submitted forthwith to the Governor and, until assented to +by him, shall have no effect. +1 +9. Licences or leases for the purpose of prospecting for, or extraction +of, minerals.—(1) Such share of the royalties accruing each year from licences + or +leases for the purpose of prospecting for, or the extraction of, minerals grante +d by +the Government of the State in respect of any area within an autonomous district +as may be agreed upon between the Government of the State and the District +Council of such district shall be made over to that District Council. +(2) If any dispute arises as to the share of such royalties to be made over +to a District Council, it shall be referred to the Governor for determination an +d +the amount determined by the Governor in his discretion shall be deemed to be +the amount payable under sub-paragraph (1) of this paragraph to the District +Council and the decision of the Governor shall be final. + +______________________________________________ +1. Paragraph 9 has been amended in its application to the States of Tripura and +Mizoram by the Sixth +Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, so as to +insert the +following sub-paragraph after sub-paragraph (2), namely :“(3) The Governor may +, by order, direct that the share of royalties to be made over to a +District Council under this paragraph shall be made over to that Council within +a period of one +year from the date of any agreement under sub-paragraph (1) or, as the case may +be, of any +determination under sub-paragraph (2).”. + + THE CONSTITUTION OF INDIA + +251 + +1-2 + +10. Power of District Council to make regulations for the control +of money-lending and trading by non-tribals.—(1) The District Council +of an autonomous district may make regulations for the regulation and +control of money-lending or trading within the district by persons other than +Scheduled Tribes resident in the district. +(2) In particular and without prejudice to the generality of the foregoing +power, such regulations may— +(a) prescribe that no one except the holder of a licence issued in +that behalf shall carry on the business of money-lending; +(b) prescribe the maximum rate of interest which may be charged +or be recovered by a money-lender; +(c) provide for the maintenance of accounts by money-lenders and +for the inspection of such accounts by officers appointed in that behalf +by the District Council; +(d) prescribe that no person who is not a member of the Scheduled +Tribes resident in the district shall carry on wholesale or retail business +in any commodity except under a licence issued in that behalf by the +District Council : +Provided that no regulations may be made under this paragraph unless +they are passed by a majority of not less than three-fourths of the total +membership of the District Council: +Provided further that it shall not be competent under any such +regulations to refuse the grant of a licence to a money-lender or a trader who +has been carrying on business within the district since before the time of the +making of such regulations. + +______________________________________________ +1 + +Paragraph 10 has been amended in its application to the States of Tripura and Mi +zoram by the +Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s.2, as u +nder-(a) in the heading, the words “by non-tribals” shall be omitted; +(b) in sub-paragraph (1), the words “other than Scheduled Tribes” shall be o +mitted; +(c) in sub-paragraph (2), for clause (d), the following clause shall be substitu +ted, namely: — +"(d) prescribe that no person resident in the district shall carry on any trade, + whether +wholesale or retail, except under a licence issued in that behalf by the Distric +t Council.” + +2 + +Paragraph 10 has been amended in its application to the State of Assam by the Si +xth Schedule to +the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 , so as to insert the +following subparagraph after sub-paragraph (3), namely: — +“(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council + constituted +under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.”. + + 252 + +THE CONSTITUTION OF INDIA + +(3) All regulations made under this paragraph shall be submitted +forthwith to the Governor and, until assented to by him, shall have no effect. +11. Publication of laws, rules and regulations made under the +Schedule.—All laws, rules and regulations made under this Schedule by a +District Council or a Regional Council shall be published forthwith in the Offic +ial +Gazette of the State and shall on such publication have the force of law. +1-2 +12. Application of Acts of Parliament and of the Legislature +of the State of Assam to autonomous districts and autonomous +regions in the State of Assam. — +(1) Notwithstanding anything in this Constitution, — +(a) no Act of the Legislature of the State of Assam in respect of any +of the matters specified in paragraph 3 of this Schedule as matters with +respect to which a District Council or a Regional Council may make laws, +and no Act of the Legislature of the State of Assam prohibiting or +restricting the consumption of any non-distilled alcoholic liquor shall apply +to any autonomous district or autonomous region in that State unless in +either case the District Council for such district or having jurisdiction over +such region by public notification so directs, and the District Council in +giving such direction with respect to any Act may direct that the Act shall +in its application to such district or region or any part thereof have effect +subject to such exceptions or modifications as it thinks fit; +(b) the Governor may, by public notification, direct that any Act +of Parliament or of the Legislature of the State of Assam to which the +provisions of clause (a) of this sub-paragraph do not apply shall not +apply to an autonomous district or an autonomous region in that State, or +shall apply to such district or region or any part thereof subject to such +exceptions or modifications as he may specify in the notification. + +______________________________________________ +1. Paragraph 12 has been amended to its application to the State of Assam by the + Sixth Schedule to +the Constitution (Amendment) Act, 1995 (42 of 1995), s.2, as under,‘in paragra +ph 12, in sub-paragraph (1), for the words and figure “matters specified in +paragraph 3 of this Schedule”, the words, figures and letter “matters specif +ied in paragraph 3 or +paragraph 3A of this Schedule” shall be substituted.’. +2. Paragraph 12 has been amended in its application to the State of Assam by the + Sixth Schedule to the +Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, as under,— +‘in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures +and letter “matters +specified in paragraph 3 or paragraph 3A of this Schedule”, the words, figures + and letter “matters +specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule” sha +ll be substituted.’. + + 253 + +THE CONSTITUTION OF INDIA + +(2) Any direction given under sub-paragraph (1) of this paragraph may +be given so as to have retrospective effect. + +12A. Application of Acts of Parliament and of the Legislature of the +State of Meghalaya to autonomous districts and autonomous regions in the +State of Meghalaya.—Notwithstanding anything in this Constitution,— +(a) if any provision of a law made by a District or Regional +Council in the State of Meghalaya with respect to any matter specified in +sub-paragraph (1) of paragraph 3 of this Schedule or if any provision of +any regulation made by a District Council or a Regional Council in that +State under paragraph 8 or paragraph 10 of this Schedule, is repugnant to +any provision of a law made by the Legislature of the State of +Meghalaya with respect to that matter, then, the law or regulation made +by the District Council or, as the case may be, the Regional Council +whether made before or after the law made by the Legislature of the +State of Meghalaya, shall, to the extent of repugnancy, be void and the +law made by the Legislature of the State of Meghalaya shall prevail; +(b) the President may, with respect to any Act of Parliament, by +notification, direct that it shall not apply to an autonomous district or an +autonomous region in the State of Meghalaya, or shall apply to such +district or region or any part thereof subject to such exceptions or +modifications as he may specify in the notification and any such +direction may be given so as to have retrospective effect. + +12B. Application of Acts of Parliament and of the Legislature of the +State of Mizoram to autonomous districts and autonomous regions in the +State of Mizoram.—Notwithstanding anything in this Constitution, — +(a) no Act of the Legislature of the State of Mizoram in respect of +any of the matters specified in paragraph 3 of this Schedule as matters +with respect to which a District Council or a Regional Council may +make laws, and no Act of the Legislature of the State of Mizoram +prohibiting or restricting the consumption of any non-distilled alcoholic +liquor shall apply to any autonomous district or autonomous region in +that State unless, in either case, the District Council for such district or +having jurisdiction over such region, by public notification, so directs, +and the District Council, in giving such direction with respect to any Act, +may direct that the Act shall, in its application to such district or region +or any part thereof, have effect subject to such exceptions or +modifications as it thinks fit; +(b) the Governor may, by public notification, direct that any Act +of the Legislature of the State of Mizoram to which the provisions of +clause (a) of this sub-paragraph do not apply, shall not apply to an +autonomous district or an autonomous region in that State, or shall apply +to such district or region, or any part thereof, subject to such exceptions +or modifications, as he may specify in the notification; +(c) the President may, with respect to any Act of Parliament, by +notification, direct that it shall not apply to an autonomous district or an +autonomous region in the State of Mizoram, or shall apply to such +district or region or any part thereof, subject to such exceptions or +modifications as he may specify in the notification and any such +direction may be given so as to have retrospective effect. + + 255 + +THE CONSTITUTION OF INDIA + +13. Estimated receipts and expenditure pertaining to autonomous +districts to be shown separately in the annual financial statement.—The +estimated receipts and expenditure pertaining to an autonomous district which +are to be credited to, or is to be made from, the Consolidated Fund of the State +shall be first placed before the District Council for discussion and then after +such discussion be shown separately in the annual financial statement of the +State to be laid before the Legislature of the State under article 202. +1 +14. Appointment of Commission to inquire into and report on the +administration of autonomous districts and autonomous regions.—(1) The +Governor may at any time appoint a Commission to examine and report on any +matter specified by him relating to the administration of the autonomous +districts and autonomous regions in the State, including matters specified in +clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this Schedu +le, +or may appoint a Commission to inquire into and report from time to time on +the administration of autonomous districts and autonomous regions in the State +generally and in particular on— +(a) the provision of educational and medical facilities and +communications in such districts and regions; +(b) the need for any new or special legislation in respect of such +districts and regions; and +(c) the administration of the laws, rules and regulations made by +the District and Regional Councils; +and define the procedure to be followed by such Commission. +(2) The report of every such Commission with the recommendations of +the Governor with respect thereto shall be laid before the Legislature of the +State by the Minister concerned together with an explanatory memorandum +regarding the action proposed to be taken thereon by the Government of the +State. +(3) In allocating the business of the Government of the State among his +Ministers the Governor may place one of his Ministers specially in charge of +the welfare of the autonomous districts and autonomous regions in the State. + +______________________________________________ +1. Paragraph 14 has been amended in its application to the State of Assam by the + Sixth Schedule to +the Constitution (Amendment) Act, 1995 (42 of 1995) , s. 2, as under,-‘in para +graph 14, in sub-paragraph (2), the words “with the recommendations of the Gov +ernor +with respect thereto” shall be omitted.’. + + THE CONSTITUTION OF INDIA + +256 + +1 + +15. Annulment or suspension of acts and resolutions of District and +Regional Councils.—(1) If at any time the Governor is satisfied that an act or +resolution of a District or a Regional Council is likely to endanger the safety +of +India or is likely to be prejudicial to public order, he may annul or suspend su +ch +act or resolution and take such steps as he may consider necessary (including +the suspension of the Council and the assumption to himself of all or any of the +powers vested in or exercisable by the Council) to prevent the commission or +continuance of such act, or the giving of effect to such resolution. +(2) Any order made by the Governor under sub-paragraph (1) of this +paragraph together with the reasons therefor shall be laid before the Legislatur +e +of the State as soon as possible and the order shall, unless revoked by the +Legislature of the State, continue in force for a period of twelve months from +the date on which it was so made: +Provided that if and so often as a resolution approving the continuance in +force of such order is passed by the Legislature of the State, the order shall +unless cancelled by the Governor continue in force for a further period of +twelve months from the date on which under this paragraph it would otherwise +have ceased to operate. +2 +16. Dissolution of a District or a Regional Council.— (1) The +Governor may on the recommendation of a Commission appointed under +paragraph 14 of this Schedule by public notification order the dissolution of a +District or a Regional Council, and— +(a) direct that a fresh general election shall be held immediately +for the reconstitution of the Council, or + +______________________________________________ +1. Paragraph 15 has been amended in its application to the States of Tripura and + Mizoram by the +Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, as +under,-‘(a) in the opening paragraph, for the words “by the Legislature of t +he State”, the words “by +him” shall be substituted; +(b) the proviso shall be omitted.’. +2. Paragraph 16 has been amended in its application to the States of Tripura and + Mizoram by the Sixth +Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) s. 2, as under,- +‘ (a) in sub-paragraph (1), the words “subject to the previous approval of t +he Legislature of the +State” occurring in clause (b), and the second proviso shall be omitted; +(b) for sub-paragraph (3), the following sub-paragraph shall be substituted, nam +ely:-“(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of thi +s paragraph, +along with the reasons therefor shall be laid before the Legislature of the Stat +e.”.’. + + 257 + +THE CONSTITUTION OF INDIA + +(b) subject to the previous approval of the Legislature of the State +assume the administration of the area under the authority of such +Council himself or place the administration of such area under the +Commission appointed under the said paragraph or any other body +considered suitable by him for a period not exceeding twelve months: +Provided that when an order under clause (a) of this paragraph has been +made, the Governor may take the action referred to in clause (b) of this +paragraph with regard to the administration of the area in question pending the +reconstitution of the Council on fresh general election: +Provided further that no action shall be taken under clause (b) of this +paragraph without giving the District or the Regional Council, as the case may +be, an opportunity of placing its views before the Legislature of the State. +(2) If at any time the Governor is satisfied that a situation has arisen in +which the administration of an autonomous district or region cannot be carried o +n in +accordance with the provisions of this Schedule, he may, by public notification, +assume to himself all or any of the functions or powers vested in or exercisable + by +the District Council or, as the case may be, the Regional Council and declare th +at +such functions or powers shall be exercisable by such person or authority as he +may +specify in this behalf, for a period not exceeding six months: +Provided that the Governor may by a further order or orders extend the +operation of the initial order by a period not exceeding six months on each occa +sion. +(3) Every order made under sub-paragraph (2) of this paragraph with the +reasons therefor shall be laid before the Legislature of the State and shall cea +se +to operate at the expiration of thirty days from the date on which the State +Legislature first sits after the issue of the order, unless, before the expiry o +f that +period it has been approved by that State Legislature. +1 +17. Exclusion of areas from autonomous districts in forming +constituencies in such districts.—For the purposes of elections to the +Legislative Assembly of Assam or Meghalaya or Tripura or Mizoram, the +Governor may by order declare that any area within an autonomous district in +the State of Assam or Meghalaya or Tripura or Mizoram, as the case may be, +shall not form part of any constituency to fill a seat or seats in the Assembly +reserved for any such district but shall form part of a constituency to fill a s +eat +or seats in the Assembly not so reserved to be specified in the order. + +______________________________________________ +1. Paragraph 17 has been amended in its application to the State of Assam by the + Sixth Schedule to +the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 , so as to insert the +following proviso, +namely: — +“Provided that nothing in this paragraph shall apply to the Bodoland Territori +al Areas District.”. + + 18. Application of the provisions of this Schedule to +areas specified in Part B of the table appended to para* +graph 20. (1) The Governor may + +(a) subject to the previous approval of the +President, by public notification, apply all or +any of the foregoing provisions of this +Schedule to any tribal area specified in Part B +of the table appended to paragraph 20 of this +Schedule or any part of such area and there- +upon such area or part shall be administered +in accordance with such provisions, and +(b) with like approval, by public notification, +exclude from the said table any tribal area +specified in Part B of that table or any part of +such area. +(2) Until a notification is issued under sub-paragraph +(1) of this paragraph in respect of any tribal area specified +in Part B of the said table or any part of such area, the +administration of such area or part thereof, as the case may +be, shall be carried on by the President through the +Governor of Assam as his agent and the provisions of Part +IX shall apply thereto as if such area or part thereof were +a territory specified in Part D of the First Schedule. +(3) In the discharge of his functions under sub-para- +graph (2) of this paragraph as the agent of the President +the Governor shall act in his discretion. + +19. Transitional provisions.—(1) As soon as possible after the +commencement of this Constitution the Governor shall take steps for the +constitution of a District Council for each autonomous district in the State +under this Schedule and, until a District Council is so constituted for an +autonomous district, the administration of such district shall be vested in the +Governor and the following provisions shall apply to the administration of the +areas within such district instead of the foregoing provisions of this Schedule, +namely:— +(a) no Act of Parliament or of the Legislature of the State shall +apply to any such area unless the Governor by public notification so +directs; and the Governor in giving such a direction with respect to any +Act may direct that the Act shall, in its application to the area or to any +specified part thereof, have effect subject to such exceptions or +modifications as he thinks fit; +(b) the Governor may make regulations for the peace and good +government of any such area and any regulations so made may repeal or +amend any Act of Parliament or of the Legislature of the State or any +existing law which is for the time being applicable to such area. +(2) Any direction given by the Governor under clause (a) of subparagraph (1) of +this paragraph may be given so as to have retrospective effect. +(3) All regulations made under clause (b) of sub-paragraph (1) of this +paragraph shall be submitted forthwith to the President and, until assented to +by him, shall have no effect. +1 + +______________________________________________ +1. Paragraph 19 has been amended in its application to the State of Assam by the + Sixth Schedule to +the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the f +ollowing subparagraph after sub-paragraph (3), namely :— +‘(4) As soon as possible after the commencement of this Act, and Interim Execu +tive Council +for Bodoland Territorial Areas District in Assam shall be formed by the Governor + from amongst +leaders of the Bodo movement, including the signatories to the Memorandum of Set +tlement, and +shall provide adequate representation to the non-tribal communities in that area +: +Provided that Interim Council shall be for a period of six months during which e +ndeavour +to hold the election to the Council shall be made. +Explanation.-- For the purposes of this sub-paragraph, the expression “Memoran +dum of +Settlement” means the Memorandum signed on the 10th day of February, 2003 betw +een +Government of India, Government of Assam and Bodo Liberation Tigers.’. + + THE CONSTITUTION OF INDIA + +259 + +20. Tribal areas.—(1) The areas specified in Parts I, II, IIA and III of +the table below shall respectively be the tribal areas within the State of Assam +, +the State of Meghalaya, the State of Tripura and the State of Mizoram. +(2) Any reference in Part I, Part II or Part III of the table below to any +district shall be construed as a reference to the territories comprised within t +he +autonomous district of that name existing immediately before the day appointed +under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) +Act, 1971: +Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1) +of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2), +clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph +8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, no part +of the area comprised within the municipality of Shillong shall be deemed to be +within the Khasi Hills District. +(3) The reference in Part IIA in the table below to the "Tripura Tribal +Areas District" shall be construed as a reference to the territory comprising th +e +tribal areas specified in the First Schedule to the Tripura Tribal Areas +Autonomous District Council Act, 1979. +TABLE +PART I +1. The North Cachar Hills District. +2. The Karbi Anglong District. +3. The Bodoland Territorial Area District. +PART II +1. Khasi Hills District. +2. Jaintia Hills District. +3. The Garo Hills District. +PART IIA +Tripura Tribal Areas District +Part III +* + +* + +* + +1. The Chakma District. + + 260 + +THE CONSTITUTION OF INDIA + +2. The Mara District. +3. The Lai District. +20A. Dissolution of the Mizo District Council.—(1) Notwithstanding +anything in this Schedule, the District Council of the Mizo District existing +immediately before the prescribed date (hereinafter referred to as the Mizo +District Council) shall stand dissolved and cease to exist. +(2) The Administrator of the Union territory of Mizoram may, by one or +more orders, provide for all or any of the following matters, namely:— +(a) the transfer, in whole or in part, of the assets, rights and +liabilities of the Mizo District Council (including the rights and liabilities +under any contract made by it) to the Union or to any other authority; +(b) the substitution of the Union or any other authority for the +Mizo District Council, or the addition of the Union or any other +authority, as a party to any legal proceedings to which the Mizo District +Council is a party; +(c) the transfer or re-employment of any employees of the Mizo +District Council to or by the Union or any other authority, the terms and +conditions of service applicable to such employees after such transfer or +re-employment; +(d) the continuance of any laws, made by the Mizo District +Council and in force immediately before its dissolution, subject to such +adaptations and modifications, whether by way of repeal or amendment, +as the Administrator may make in this behalf, until such laws are altered, +repealed or amended by a competent Legislature or other competent +authority; +(e) such incidental, consequential and supplementary matters as +the Administrator considers necessary. +Explanation.—In this paragraph and in paragraph 20B of this Schedule, +the expression "prescribed date" means the date on which the Legislative +Assembly of the Union territory of Mizoram is duly constituted under and +in accordance with the provisions of the Government of Union Territories +Act, 1963. + + THE CONSTITUTION OF INDIA + +261 + +1-2 + +20B. Autonomous regions in the Union territory of Mizoram to be +autonomous districts and transitory provisions consequent thereto.—(1) +Notwithstanding anything in this Schedule,— +(a) every autonomous region existing immediately before the +prescribed date in the Union territory of Mizoram shall, on and from that +date, be an autonomous district in that Union territory (hereafter referred +to as the corresponding new district) and the Administrator thereof may, +by one or more orders, direct that such consequential amendments as are +necessary to give effect to the provisions of this clause shall be made in +paragraph 20 of this Schedule (including Part III of the table appended to +that paragraph) and thereupon the said paragraph and the said Part III +shall be deemed to have been amended accordingly; +(b) every Regional Council of an autonomous region in the Union +territory of Mizoram existing immediately before the prescribed date +(hereafter referred to as the existing Regional Council) shall, on and +from that date and until a District Council is duly constituted for the +corresponding new district, be deemed to be the District Council of that +district (hereafter referred to as the corresponding new District Council). + +______________________________________________ +1. After paragraph 20B, the following paragraph has been inserted in its applica +tion to the State of Assam by +the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2, + namely:— +“20BA. Exercise of discretionary powers by the Governor in the discharge of hi +s +functions. — The Governor in the discharge of his functions under sub-paragrap +hs (2) and (3) of +paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A) excluding the first pro +viso and subparagraph (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub- +paragraph (4) of paragraph 4, +paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, + sub-paragraph +(4) of paragraph 8, sub-paragraph (3) of paragraph 9, sub-paragraph (3) of parag +raph 10, subparagraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and + sub-paragraphs (1) and (2) +of paragraph 16 of this Schedule, shall, after consulting the Council of Ministe +rs and the North +Cachar Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the +case may +be, take such action as he considers necessary in his discretion.” . +2. After paragraph 20B, the following paragraph has been inserted in its applica +tion to the States of +Tripura and Mizoram, by the Sixth Schedule to the Constitution (Amendment) Act, +1988 (67 of +1988), s. 2, namely: — +“20BB. Exercise of discretionary powers by the Governor in the discharge of hi +s +functions.-The Governor, in the discharge of his functions under sub-paragraphs +(2) and (3) of +paragraph 1, sub-paragraphs (1) and (7) of paragraph 2, sub-paragraph (3) of par +agraph 3, subparagraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of par +agraph 6, sub-paragraph (2) of +paragraph 7, sub-paragraph (3) of paragraph 9, sub-paragraph (1) of paragraph 14 +, sub-paragraph +(1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of this Sched +ule, shall, after +consulting the Council of Ministers, and if he thinks it necessary, the District + Council or the +Regional Council concerned, take such action as he considers necessary in his di +scretion.” . + + 262 + +THE CONSTITUTION OF INDIA + +(2) Every member whether elected or nominated of an existing Regional +Council shall be deemed to have been elected or, as the case may be, nominated t +o +the corresponding new District Council and shall hold office until a District Co +uncil +is duly constituted for the corresponding new district under this Schedule. +(3) Until rules are made under sub-paragraph (7) of paragraph 2 and subparagraph + (4) of paragraph 4 of this Schedule by the corresponding new +District Council, the rules made under the said provisions by the existing +Regional Council and in force immediately before the prescribed date shall +have effect in relation to the corresponding new District Council subject to suc +h +adaptations and modifications as may be made therein by the Administrator of +the Union territory of Mizoram. +(4) The Administrator of the Union territory of Mizoram may, by one +or more orders, provide for all or any of the following matters, namely:— +(a) the transfer in whole or in part of the assets, rights and liabilities of +the existing Regional Council (including the rights and liabilities under any +contract made by it) to the corresponding new District Council; +(b) the substitution of the corresponding new District Council for +the existing Regional Council as a party to the legal proceedings to +which the existing Regional Council is a party; +(c) the transfer or re-employment of any employees of the existing +Regional Council to or by the corresponding new District Council, the +terms and conditions of service applicable to such employees after such +transfer or re-employment; +(d) the continuance of any laws made by the existing Regional +Council and in force immediately before the prescribed date, subject to +such adaptations and modifications, whether by way of repeal or +amendment, as the Administrator may make in this behalf until such +laws are altered, repealed or amended by a competent Legislature or +other competent authority; +(e) such incidental, consequential and supplementary matters as +the Administrator considers necessary. +20C. Interpretation.—Subject to any provision made in this behalf, the +provisions of this Schedule shall, in their application to the Union territory o +f +Mizoram, have effect— +(1) as if references to the Governor and Government of the State +were references to the Administrator of the Union territory appointed +under article 239, references to State (except in the expression +"Government of the State") were references to the Union territory of +Mizoram and references to the State Legislature were references to the +Legislative Assembly of the Union territory of Mizoram; + + 263 + +THE CONSTITUTION OF INDIA + +(2) as if— +(a) in sub-paragraph (5) of paragraph 4, the provision for +consultation with the Government of the State concerned had been +omitted; +(b) in sub-paragraph (2) of paragraph 6, for the words "to +which the executive power of the State extends", the words "with +respect to which the Legislative Assembly of the Union territory +of Mizoram has power to make laws" had been substituted; +(c) in paragraph 13, the words and figures "under article +202" had been omitted. +21. 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. + + \ No newline at end of file diff --git a/SCHEDULE7.txt b/SCHEDULE7.txt new file mode 100644 index 0000000..2e7a526 --- /dev/null +++ b/SCHEDULE7.txt @@ -0,0 +1,512 @@ +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 + + 265 + +THE CONSTITUTION OF INDIA + +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. + + 266 + +THE CONSTITUTION OF INDIA + +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. + + 267 + +THE CONSTITUTION OF INDIA + +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. + + 268 + +THE CONSTITUTION OF INDIA + +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 + +THE CONSTITUTION OF INDIA + +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. + + 270 + +THE CONSTITUTION OF INDIA + +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. + + 271 + +THE CONSTITUTION OF INDIA + +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. + + 274 + +THE CONSTITUTION OF INDIA + +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. + + 277 + +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. + + \ No newline at end of file diff --git a/SCHEDULE8.txt b/SCHEDULE8.txt new file mode 100644 index 0000000..8dcf7b0 --- /dev/null +++ b/SCHEDULE8.txt @@ -0,0 +1,21 @@ +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 + +