From 17228ff16488603c7d4ba8ccb548094c291e2ba7 Mon Sep 17 00:00:00 2001 From: Abhay Rana Date: Thu, 23 Apr 2015 12:59:52 +0530 Subject: [PATCH] AMENDMENT_ORIGINAL_26011950 --- PART1.txt | 57 ++ PART10.txt | 13 + PART11.txt | 302 +++++++++ PART12.txt | 698 ++++++++++++++++++++ PART13.txt | 78 +++ PART14.txt | 348 ++++++++++ PART15.txt | 106 +++ PART16.txt | 220 +++++++ PART17.txt | 163 +++++ PART18.txt | 249 +++++++ PART19.txt | 263 ++++++++ PART2.txt | 75 +++ PART20.txt | 41 ++ PART21.txt | 541 ++++++++++++++++ PART22.txt | 17 + PART3.txt | 471 ++++++++++++++ PART4.txt | 103 +++ PART5.txt | 1720 +++++++++++++++++++++++++++++++++++++++++++++++++ PART6.txt | 1449 +++++++++++++++++++++++++++++++++++++++++ PART7.txt | 143 ++++ PART8.txt | 78 +++ PART9.txt | 27 + Preamble.txt | 22 + SCHEDULE1.txt | 93 +++ SCHEDULE2.txt | 212 ++++++ SCHEDULE3.txt | 95 +++ SCHEDULE4.txt | 33 + SCHEDULE5.txt | 141 ++++ SCHEDULE6.txt | 1282 ++++++++++++++++++++++++++++++++++++ SCHEDULE7.txt | 512 +++++++++++++++ SCHEDULE8.txt | 21 + 31 files changed, 9573 insertions(+) create mode 100644 PART1.txt create mode 100644 PART10.txt create mode 100644 PART11.txt create mode 100644 PART12.txt create mode 100644 PART13.txt create mode 100644 PART14.txt create mode 100644 PART15.txt create mode 100644 PART16.txt create mode 100644 PART17.txt create mode 100644 PART18.txt create mode 100644 PART19.txt create mode 100644 PART2.txt create mode 100644 PART20.txt create mode 100644 PART21.txt create mode 100644 PART22.txt create mode 100644 PART3.txt create mode 100644 PART4.txt create mode 100644 PART5.txt create mode 100644 PART6.txt create mode 100644 PART7.txt create mode 100644 PART8.txt create mode 100644 PART9.txt create mode 100644 Preamble.txt create mode 100644 SCHEDULE1.txt create mode 100644 SCHEDULE2.txt create mode 100644 SCHEDULE3.txt create mode 100644 SCHEDULE4.txt create mode 100644 SCHEDULE5.txt create mode 100644 SCHEDULE6.txt create mode 100644 SCHEDULE7.txt create mode 100644 SCHEDULE8.txt 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 + +