AMENDMENT_ORIGINAL_26011950
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PART I
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THE UNION AND ITS TERRITORY
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1. Name and territory of the Union.—(1) India, that is Bharat, shall be
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a Union of States.
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(2) The States and the territories thereof shall be the States and their
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territories specified in Parts A, B and C
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of the First Schedule.
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(3) The territory of India shall comprise—
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(a) the territories of the States;
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(b) the territories specified in Part D of the First
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Schedule ; and
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(c) such other territories as may be acquired.
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2. Admission or establishment of new States.—Parliament may by law
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admit into the Union, or establish, new States on such terms and conditions as i
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t
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thinks fit.
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3. Formation of new States and alteration of areas, boundaries or
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names of existing States.—Parliament may by law—
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(a)form a new State by separation of territory from any State or by
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uniting two or more States or parts of States or by uniting any territory to
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a part of any State;
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(b) increase the area of any State;
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(c) diminish the area of any State;
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(d) alter the boundaries of any State;
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(e) alter the name of any State:
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Provided that no Bill for the purpose shall be intro-
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duced in either House of Parliament except on the recom-
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mendation of the President and unless, where the proposal
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contained in the Bill affects the boundaries of any State
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or States specified in Part A or Part B of the First Schedule
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or the name or names of any such State or States, the views
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of the Legislature of the State or, as the case may be, of
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each of the States both with respect to the proposal to
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introduce the Bill and with respect to the provisions thereof
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have been ascertained by the President.
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2
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3
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THE CONSTITUTION OF INDIA
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4. Laws made under articles 2 and 3 to provide for the amendment
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of the First and the Fourth Schedules and supplemental, incidental and
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consequential matters.—(1) Any law referred to in article 2 or article 3 shall
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contain such provisions for the amendment of the First Schedule and the Fourth
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Schedule as may be necessary to give effect to the provisions of the law and
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may also contain such supplemental, incidental and consequential provisions
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(including provisions as to representation in Parliament and in the Legislature
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or Legislatures of the State or States affected by such law) as Parliament may
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deem necessary.
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(2) No such law as aforesaid shall be deemed to be an amendment of this
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Constitution for the purposes of article 368.
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PART X
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THE SCHEDULED AND TRIBAL AREAS
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244. Administration of Scheduled Areas and tribal areas.—(1) The
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provisions of the Fifth Schedule shall apply to the administration and control o
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f
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the Scheduled Areas and Scheduled Tribes in any State specified in Part A or Par
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t B of the First Schedule other than the States of
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Assam.
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(2) The provisions of the Sixth Schedule shall apply to the
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administration of the tribal areas in the States of Assam.
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PART XI
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RELATIONS BETWEEN THE UNION AND THE STATES
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CHAPTER I.—LEGISLATIVE RELATIONS
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Distribution of Legislative Powers
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245. Extent of laws made by Parliament and by the Legislatures of
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States.—(1) Subject to the provisions of this Constitution, Parliament may
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make laws for the whole or any part of the territory of India, and the
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Legislature of a State may make laws for the whole or any part of the State.
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(2) No law made by Parliament shall be deemed to be invalid on the
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ground that it would have extra-territorial operation.
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246. Subject-matter of laws made by Parliament and by the
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Legislatures of States.—(1) Notwithstanding anything in clauses (2) and (3),
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Parliament has exclusive power to make laws with respect to any of the matters
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enumerated in List I in the Seventh Schedule (in this Constitution referred to a
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s
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the “Union List”).
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(2) Notwithstanding anything in clause (3), Parliament, and, subject to
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clause (1), the Legislature of any State specified in Part A or Part B of the Fi
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rst Schedule
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also, have power to make laws with
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respect to any of the matters enumerated in List III in the Seventh Schedule (in
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this Constitution referred to as the “Concurrent List”).
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(3) Subject to clauses (1) and (2), the Legislature of any State specified in Pa
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rt A or Part B of the First Schedule
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has exclusive power to make laws for such State or any part thereof with respect
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to
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any of the matters enumerated in List II in the Seventh Schedule (in this
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Constitution referred to as the “State List”').
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(4) Parliament has power to make laws with respect to any matter for
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any part of the territory of India not included in Part A or Part B of the First
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Schedule
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notwithstanding that
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such matter is a matter enumerated in the State List.
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247. Power of Parliament to provide for the establishment of certain
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additional courts.—Notwithstanding anything in this Chapter, Parliament may
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by law provide for the establishment of any additional courts for the better
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administration of laws made by Parliament or of any existing laws with respect
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to a matter enumerated in the Union List.
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126
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127
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THE CONSTITUTION OF INDIA
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248. Residuary powers of legislation.—(1) Parliament has exclusive
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power to make any law with respect to any matter not enumerated in the
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Concurrent List or State List.
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(2) Such power shall include the power of making any law imposing a
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tax not mentioned in either of those Lists.
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249. Power of Parliament to legislate with respect to a matter in the
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State List in the national interest.—(1) Notwithstanding anything in the
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foregoing provisions of this Chapter, if the Council of States has declared by
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resolution supported by not less than two-thirds of the members present and
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voting that it is necessary or expedient in the national interest that Parliamen
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t
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should make laws with respect to any matter enumerated in the State List
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specified in the resolution, it shall be lawful for Parliament to make laws for
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the
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whole or any part of the territory of India with respect to that matter while th
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e
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resolution remains in force.
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(2) A resolution passed under clause (1) shall remain in force for such
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period not exceeding one year as may be specified therein:
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Provided that, if and so often as a resolution approving the continuance
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in force of any such resolution is passed in the manner provided in clause (1),
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such resolution shall continue in force for a further period of one year from th
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e
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date on which under this clause it would otherwise have ceased to be in force.
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(3) A law made by Parliament which Parliament would not but for the
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passing of a resolution under clause (1) have been competent to make shall, to t
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he
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extent of the incompetency, cease to have effect on the expiration of a period o
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f
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six months after the resolution has ceased to be in force, except as respects th
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ings
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done or omitted to be done before the expiration of the said period.
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250. Power of Parliament to legislate with respect to any matter in
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the State List if a Proclamation of Emergency is in operation.—(1)
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Notwithstanding anything in this Chapter, Parliament shall, while a
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Proclamation of Emergency is in operation, have power to make laws for the
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whole or any part of the territory of India with respect to any of the matters
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enumerated in the State List.
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(2) A law made by Parliament which Parliament would not but for the
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issue of a Proclamation of Emergency have been competent to make shall, to the
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extent of the incompetency, cease to have effect on the expiration of a period o
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f
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six months after the Proclamation has ceased to operate, except as respects thin
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gs
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done or omitted to be done before the expiration of the said period.
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128
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THE CONSTITUTION OF INDIA
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251. Inconsistency between laws made by Parliament under articles
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249 and 250 and laws made by the Legislatures of States.—Nothing in
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articles 249 and 250 shall restrict the power of the Legislature of a State to
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make any law which under this Constitution it has power to make, but if any
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provision of a law made by the Legislature of a State is repugnant to any
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provision of a law made by Parliament which Parliament has under either of the
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said articles power to make, the law made by Parliament, whether passed
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before or after the law made by the Legislature of the State, shall prevail, and
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the law made by the Legislature of the State shall to the extent of the
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repugnancy, but so long only as the law made by Parliament continues to have
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effect, be inoperative.
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252. Power of Parliament to legislate for two or more States by
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consent and adoption of such legislation by any other State.—(1) If it
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appears to the Legislatures of two or more States to be desirable that any of th
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e
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matters with respect to which Parliament has no power to make laws for the
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States except as provided in articles 249 and 250 should be regulated in such
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States by Parliament by law, and if resolutions to that effect are passed by all
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the Houses of the Legislatures of those States, it shall be lawful for Parliamen
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t
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to pass an act for regulating that matter accordingly, and any Act so passed
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shall apply to such States and to any other State by which it is adopted
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afterwards by resolution passed in that behalf by the House or, where there are
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two Houses, by each of the Houses of the Legislature of that State.
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(2) Any Act so passed by Parliament may be amended or repealed by an
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Act of Parliament passed or adopted in like manner but shall not, as respects
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any State to which it applies, be amended or repealed by an Act of the
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Legislature of that State.
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253. Legislation for giving effect to international agreements.—
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Notwithstanding anything in the foregoing provisions of this Chapter,
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Parliament has power to make any law for the whole or any part of the territory
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of India for implementing any treaty, agreement or convention with any other
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country or countries or any decision made at any international conference,
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association or other body
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129
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THE CONSTITUTION OF INDIA
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254. Inconsistency between laws made by Parliament and laws made
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by the Legislatures of States.—(1) If any provision of a law made by the
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Legislature of a State is repugnant to any provision of a law made by
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Parliament which Parliament is competent to enact, or to any provision of an
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existing law with respect to one of the matters enumerated in the Concurrent
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List, then, subject to the provisions of clause (2), the law made by Parliament,
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whether passed before or after the law made by the Legislature of such State,
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or, as the case may be, the existing law, shall prevail and the law made by the
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Legislature of the State shall, to the extent of the repugnancy, be void.
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(2) Where a law made by the Legislature of a State specified in Part A or Part B
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of the First Schedule
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with respect to one of
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the matters enumerated in the Concurrent List contains any provision repugnant
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to the provisions of an earlier law made by Parliament or an existing law with
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respect to that matter, then, the law so made by the Legislature of such State
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shall, if it has been reserved for the consideration of the President and has
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received his assent, prevail in that State:
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Provided that nothing in this clause shall prevent Parliament from
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enacting at any time any law with respect to the same matter including a law
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adding to, amending, varying or repealing the law so made by the Legislature
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of the State.
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255. Requirements as to recommendations and previous sanctions to
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be regarded as matters of procedure only.—No Act of Parliament or of the
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Legislature of a State specified in Part A or Part B of the First Schedule,
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and no provision in any such Act, shall be invalid by
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reason only that some recommendation or previous sanction required by this
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Constitution was not given, if assent to that Act was given—
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(a) where the recommendation required was that of the Governor,
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either by the Governor or by the President;
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(b) where the recommendation required was that of the
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Rajpramukh, either by the Rajpramukh or by the President;
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(c) where the recommendation or previous sanction required was
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that of the President, by the President.
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CHAPTER II.—ADMINISTRATIVE RELATIONS
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General
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256. Obligation of States and the Union.—The executive power of every
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State shall be so exercised as to ensure compliance with the laws made by
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Parliament and any existing laws which apply in that State, and the executive
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power of the Union shall extend to the giving of such directions to a State as m
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ay
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appear to the Government of India to be necessary for that purpose.
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130
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THE CONSTITUTION OF INDIA
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257. Control of the Union over States in certain cases.—(1) The
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executive power of every State shall be so exercised as not to impede or
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prejudice the exercise of the executive power of the Union, and the executive
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power of the Union shall extend to the giving of such directions to a State as
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may appear to the Government of India to be necessary for that purpose.
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(2) The executive power of the Union shall also extend to the giving of
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directions to a State as to the construction and maintenance of means of
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communication declared in the direction to be of national or military
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importance:
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Provided that nothing in this clause shall be taken as restricting the
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power of Parliament to declare highways or waterways to be national highways
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or national waterways or the power of the Union with respect to the highways
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or waterways so declared or the power of the Union to construct and maintain
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means of communication as part of its functions with respect to naval, military
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and air force works.
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(3) The executive power of the Union shall also extend to the giving of
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directions to a State as to the measures to be taken for the protection of the
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railways within the State.
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(4) Where in carrying out any direction given to a State under clause (2)
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as to the construction or maintenance of any means of communication or under
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clause (3) as to the measures to be taken for the protection of any railway, cos
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ts
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have been incurred in excess of those which would have been incurred in the
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discharge of the normal duties of the State if such direction had not been given
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,
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there shall be paid by the Government of India to the State such sum as may be
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agreed, or, in default of agreement, as may be determined by an arbitrator
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appointed by the Chief Justice of India, in respect of the extra costs so incurr
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ed
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by the State.
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258. Power of the Union to confer powers, etc., on States in certain
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cases.—(1) Notwithstanding anything in this Constitution, the President may,
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with the consent of the Government of a State, entrust either conditionally or
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unconditionally to that Government or to its officers functions in relation to a
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ny
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matter to which the executive power of the Union extends.
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131
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THE CONSTITUTION OF INDIA
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(2) A law made by Parliament which applies in any State may,
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notwithstanding that it relates to a matter with respect to which the Legislatur
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e
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of the State has no power to make laws, confer powers and impose duties, or
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authorise the conferring of powers and the imposition of duties, upon the State
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or officers and authorities thereof.
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(3) Where by virtue of this article powers and duties have been conferred
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or imposed upon a State or officers or authorities thereof, there shall be paid
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by
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the Government of India to the State such sum as may be agreed, or, in default
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of agreement, as may be determined by an arbitrator appointed by the Chief
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Justice of India, in respect of any extra costs of administration incurred by th
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e
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State in connection with the exercise of those powers and duties.
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259.Armed Forces in States in Part B of the First Schedule.
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(1) Notwithstanding anything in this Constitu-
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tion, a State specified in Part B of the
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First Schedule having any Armed forces
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immediately before the commencement
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of this Constitution may, until Parliament by law otherwise
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provides, continue to maintain the said Forces after such
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commencement subject to such general or special orders
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as the President may from time to time issue in that be-
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half.
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(2) Any such Armed Forces as are referred to in
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clause (1) shall form part of the Armed Forces of the
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Union.
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260. Jurisdiction of the Union in relation to territories outside
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India.—The Government of India may by agreement with the Government of
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any territory not being part of the territory of India undertake any executive,
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legislative or judicial functions vested in the Government of such territory, bu
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t
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every such agreement shall be subject to, and governed by, any law relating to
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the exercise of foreign jurisdiction for the time being in force.
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261. Public acts, records and judicial proceedings.—(1) Full faith and
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credit shall be given throughout the territory of India to public acts, records
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and
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judicial proceedings of the Union and of every State.
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(2) The manner in which and the conditions under which the acts,
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|
records and proceedings referred to in clause (1) shall be proved and the effect
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thereof determined shall be as provided by law made by Parliament.
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(3) Final judgments or orders delivered or passed by civil courts in any
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part of the territory of India shall be capable of execution anywhere within tha
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t
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territory according to law.
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132
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THE CONSTITUTION OF INDIA
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|
Disputes relating to Waters
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|
262. Adjudication of disputes relating to waters of inter-State rivers
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|
or river valleys.—(1) Parliament may by law provide for the adjudication of
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||||||
|
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.
|
||||||
|
|
||||||
|
|
|
@ -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 Indiaâ€<C3A2>, and all revenues received by the
|
||||||
|
Government of a State, all loans raised by that Government by the issue of
|
||||||
|
treasury bills, loans or ways and means advances and all moneys received by
|
||||||
|
that Government in repayment of loans shall form one consolidated fund to be
|
||||||
|
entitled “the Consolidated Fund of the Stateâ€<C3A2>.
|
||||||
|
(2) All other public moneys received by or on behalf of the Government
|
||||||
|
of India or the Government of a State shall be credited to the public account of
|
||||||
|
India or the public account of the State, as the case may be.
|
||||||
|
(3) No moneys out of the Consolidated Fund of India or the
|
||||||
|
Consolidated Fund of a State shall be appropriated except in accordance with
|
||||||
|
law and for the purposes and in the manner provided in this Constitution.
|
||||||
|
267. Contingency Fund.—(1) Parliament may by law establish a
|
||||||
|
Contingency Fund in the nature of an imprest to be entitled “the Contingency
|
||||||
|
Fund of Indiaâ€<C3A2> into which shall be paid from time to time such sums as may be
|
||||||
|
determined by such law, and the said Fund shall be placed at the disposal of the
|
||||||
|
President to enable advances to be made by him out of such Fund for the
|
||||||
|
purposes of meeting unforeseen expenditure pending authorisation of such
|
||||||
|
expenditure by Parliament by law under article 115 or article 116.
|
||||||
|
133
|
||||||
|
|
||||||
|
134
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
(2) The Legislature of a State may by law establish a Contingency Fund in
|
||||||
|
the nature of an imprest to be entitled “the Contingency Fund of the Stateâ€<C3A2>
|
||||||
|
into
|
||||||
|
which shall be paid from time to time such sums as may be determined by such
|
||||||
|
law, and the said Fund shall be placed at the disposal of the Governor or Rajpra
|
||||||
|
mukh
|
||||||
|
of the State to enable advances to be made by him out of such Fund for the purpo
|
||||||
|
ses of
|
||||||
|
meeting unforeseen expenditure pending authorisation of such expenditure by the
|
||||||
|
Legislature of the State by law under article 205 or article 206.
|
||||||
|
Distribution of Revenues between the Union and the States
|
||||||
|
268. Duties levied by the Union but collected and appropriated by
|
||||||
|
the States.—(1) Such stamp duties and such duties of excise on medicinal and
|
||||||
|
toilet preparations as are mentioned in the Union List shall be levied by the
|
||||||
|
Government of India but shall be collected—
|
||||||
|
(a) in the case where such duties are leviable within any State specified in Par
|
||||||
|
t C of the First Schedule, by the Government of India, and
|
||||||
|
(b) in other cases, by the States within which such duties are
|
||||||
|
respectively leviable.
|
||||||
|
(2) The proceeds in any financial year of any such duty leviable within
|
||||||
|
any State shall not form part of the Consolidated Fund of India, but shall be
|
||||||
|
assigned to that State.
|
||||||
|
269.Taxes levied and collected by the Union but assigned to the States
|
||||||
|
|
||||||
|
(1) The following duties and taxes shall be levied and collected by the Governme
|
||||||
|
nt of India but shall be assigned to the States in the manner provided in clause
|
||||||
|
(2), namely: -
|
||||||
|
(a) duties in respect of succession to property other than agricultural land;
|
||||||
|
(b) estate duty in respect of property other than agricultural land;
|
||||||
|
(c) terminal taxes on goods or passengers carried by railway, sea or air;
|
||||||
|
(d) taxes on railway fares and freights;
|
||||||
|
(e) taxes other than stamp duties on transactions in stock-exchanges and futures
|
||||||
|
markets;
|
||||||
|
(f) taxes on the sale or purchase of newspapers and on advertisements published
|
||||||
|
therein;
|
||||||
|
|
||||||
|
(2) The net proceeds in any financial year of any such duty or tax, except in so
|
||||||
|
far as those proceeds represent proceeds attributable to State specified in Par
|
||||||
|
t C of the First Schedule, shall not form part of the Consolidated Fund of India
|
||||||
|
, but shall be assigned to the States within which that duty or tax is leviable
|
||||||
|
in that year, and shall be distributed among those States in accordance with suc
|
||||||
|
h principles of distribution as may be formulated by Parliament by law.
|
||||||
|
|
||||||
|
|
||||||
|
270. Taxes levied and collected by the Union and distributed between the Union a
|
||||||
|
nd the States
|
||||||
|
|
||||||
|
(1) Taxes on income other than agricultural income shall be levied and collected
|
||||||
|
by the Government of India and distributed between the Union and the States in
|
||||||
|
the manner provided in clause (2).
|
||||||
|
(2) Such percentage, as may be prescribed, of the net proceeds in any financial
|
||||||
|
year of any such tax, except in so far as those proceeds represent proceeds attr
|
||||||
|
ibutable to State specified in Part C of the First Schedule or to taxes payable
|
||||||
|
in respect of Union emoluments, shall not form part of the Consolidated Fund of
|
||||||
|
India, but shall be assigned to the States within which that tax is leviable in
|
||||||
|
that year, and shall be distributed among those States in such manner and from s
|
||||||
|
uch time as may be prescribed.
|
||||||
|
(3) For the purposes of clause (2), in each financial year such percentage as ma
|
||||||
|
y be prescribed of so much of the net proceeds of taxes on income as does not re
|
||||||
|
present the net proceeds of taxes payable in respect of Union emoluments shall b
|
||||||
|
e deemed to represent proceeds attributable to State specified in Part C of the
|
||||||
|
First Schedule.
|
||||||
|
(4) In this article -
|
||||||
|
(a) "taxes on income" does not include a corporation tax:
|
||||||
|
(b) "prescribed" means -
|
||||||
|
(i) until a Finance Commission has been constituted, prescribed by the President
|
||||||
|
by order, and
|
||||||
|
(ii) after a Finance Commission has been constituted, prescribed by the Presiden
|
||||||
|
t by order after considering the recommendations of the Finance Commission;
|
||||||
|
(c) "Union emoluments" includes all emoluments and pensions payable out of the C
|
||||||
|
onsolidated Fund of India in respect of which income-tax is chargeable.
|
||||||
|
|
||||||
|
|
||||||
|
271. Surcharge on certain duties and taxes for purposes of the
|
||||||
|
Union.—Notwithstanding anything in articles 269 and 270, Parliament may at
|
||||||
|
any time increase any of the duties or taxes referred to in those articles by a
|
||||||
|
surcharge for purposes of the Union and the whole proceeds of any such
|
||||||
|
surcharge shall form part of the Consolidated Fund of India.
|
||||||
|
|
||||||
|
|
||||||
|
272. Taxes which are levied and collected by the Union and may be distributed be
|
||||||
|
tween the Union and the States
|
||||||
|
Union duties of excise other than such duties of excise on medicinal and toilet
|
||||||
|
preparations as are mentioned in the Union List shall be levied and collected by
|
||||||
|
the Government of India, but, if Parliament by law so provides, there shall be
|
||||||
|
paid out of the Consolidated Fund of India to the States to which the law imposi
|
||||||
|
ng the duty extends sums equivalent to the whole or any part of the net proceeds
|
||||||
|
of that duty, and those sums shall be distributed among those States in accorda
|
||||||
|
nce with such principles of distribution as may be formulated by such law.
|
||||||
|
|
||||||
|
136
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
273. Grants in lieu of export duty on jute and jute products.—(1)
|
||||||
|
There shall be charged on the Consolidated Fund of India in each year as
|
||||||
|
grants-in-aid of the revenues of the States of Assam, Bihar, Odisha and West
|
||||||
|
Bengal, in lieu of assignment of any share of the net proceeds in each year of
|
||||||
|
export duty on jute and jute products to those States, such sums as may be
|
||||||
|
prescribed.
|
||||||
|
(2) The sums so prescribed shall continue to be charged on the
|
||||||
|
Consolidated Fund of India so long as any export duty on jute or jute products
|
||||||
|
continues to be levied by the Government of India or until the expiration of ten
|
||||||
|
years from the commencement of this Constitution whichever is earlier.
|
||||||
|
(3) In this article, the expression “prescribedâ€<C3A2> has the same meaning as
|
||||||
|
in article 270.
|
||||||
|
274. Prior recommendation of President required to Bills affecting
|
||||||
|
taxation in which States are interested.—(1) No Bill or amendment which
|
||||||
|
imposes or varies any tax or duty in which States are interested, or which varie
|
||||||
|
s
|
||||||
|
the meaning of the expression “agricultural incomeâ€<C3A2> as defined for the purpo
|
||||||
|
ses
|
||||||
|
of the enactments relating to Indian income-tax, or which affects the principles
|
||||||
|
on which under any of the foregoing provisions of this Chapter moneys are or
|
||||||
|
may be distributable to States, or which imposes any such surcharge for the
|
||||||
|
purposes of the Union as is mentioned in the foregoing provisions of this
|
||||||
|
Chapter, shall be introduced or moved in either House of Parliament except on
|
||||||
|
the recommendation of the President.
|
||||||
|
(2) In this article, the expression “tax or duty in which States are
|
||||||
|
interestedâ€<EFBFBD> means—
|
||||||
|
(a) a tax or duty the whole or part of the net proceeds whereof are
|
||||||
|
assigned to any State; or
|
||||||
|
(b) a tax or duty by reference to the net proceeds whereof sums
|
||||||
|
are for the time being payable out of the Consolidated Fund of India to
|
||||||
|
any State.
|
||||||
|
275. Grants from the Union to certain States.—(1) Such sums as
|
||||||
|
Parliament may by law provide shall be charged on the Consolidated Fund of
|
||||||
|
India in each year as grants-in-aid of the revenues of such States as Parliament
|
||||||
|
may determine to be in need of assistance, and different sums may be fixed for
|
||||||
|
different States:
|
||||||
|
|
||||||
|
137
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
Provided that there shall be paid out of the Consolidated Fund of India as
|
||||||
|
grants-in-aid of the revenues of a State such capital and recurring sums as may
|
||||||
|
be necessary to enable that State to meet the costs of such schemes of
|
||||||
|
development as may be undertaken by the State with the approval of the
|
||||||
|
Government of India for the purpose of promoting the welfare of the Scheduled
|
||||||
|
Tribes in that State or raising the level of administration of the Scheduled Are
|
||||||
|
as
|
||||||
|
therein to that of the administration of the rest of the areas of that State:
|
||||||
|
Provided further that there shall be paid out of the Consolidated Fund of
|
||||||
|
India as grants-in-aid of the revenues of the State of Assam sums, capital and
|
||||||
|
recurring, equivalent to—
|
||||||
|
(a) the average excess of expenditure over the revenues during the
|
||||||
|
two years immediately preceding the commencement of this Constitution
|
||||||
|
in respect of the administration of the tribal areas specified in Part I of
|
||||||
|
the table appended to paragraph 20 of the Sixth Schedule; and
|
||||||
|
(b) the costs of such schemes of development as may be
|
||||||
|
undertaken by that State with the approval of the Government of India
|
||||||
|
for the purpose of raising the level of administration of the said areas to
|
||||||
|
that of the administration of the rest of the areas of that State.
|
||||||
|
(2) Until provision is made by Parliament under clause (1), the powers
|
||||||
|
conferred on Parliament under that clause shall be exercisable by the President
|
||||||
|
by order and any order made by the President under this clause shall have effect
|
||||||
|
subject to any provision so made by Parliament:
|
||||||
|
Provided that after a Finance Commission has been constituted no order
|
||||||
|
shall be made under this clause by the President except after considering the
|
||||||
|
recommendations of the Finance Commission.
|
||||||
|
|
||||||
|
138
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
276. Taxes on professions, trades, callings and employments.—(1)
|
||||||
|
Notwithstanding anything in article 246, no law of the Legislature of a State re
|
||||||
|
lating
|
||||||
|
to taxes for the benefit of the State or of a municipality, district board, loca
|
||||||
|
l board or
|
||||||
|
other local authority therein in respect of professions, trades, callings or
|
||||||
|
employments shall be invalid on the ground that it relates to a tax on income.
|
||||||
|
(2) The total amount payable in respect of any one person to the State or
|
||||||
|
to any one municipality, district board, local board or other local authority in
|
||||||
|
the State by way of taxes on professions, trades, callings and employments
|
||||||
|
shall not exceed two hundred and fifty rupees per annum.
|
||||||
|
Provided that if in the financial year immediately preceding the commencement of
|
||||||
|
this Constitution there was in force in the case of any State or any such munic
|
||||||
|
ipality, board or authority a tax on professions, trades, callings or employment
|
||||||
|
s the rate, or the maximum rate, of which exceed two hundred and fifty rupees pe
|
||||||
|
r annum, such tax may continue to be levied until provisions to the contrary is
|
||||||
|
made by Parliament by law, and any law so made by Parliament may be made either
|
||||||
|
generally or in relation to any specified States, municipalities, boards or auth
|
||||||
|
orities
|
||||||
|
(3) The power of the Legislature of a State to make laws as aforesaid
|
||||||
|
with respect to taxes on professions, trades, callings and employments shall not
|
||||||
|
be construed as limiting in any way the power of Parliament to make laws with
|
||||||
|
respect to taxes on income accruing from or arising out of professions, trades,
|
||||||
|
callings and employments.
|
||||||
|
277. Savings.—Any taxes, duties, cesses or fees which, immediately
|
||||||
|
before the commencement of this Constitution, were being lawfully levied by
|
||||||
|
the Government of any State or by any municipality or other local authority or
|
||||||
|
body for the purposes of the State, municipality, district or other local area
|
||||||
|
may, notwithstanding that those taxes, duties, cesses or fees are mentioned in
|
||||||
|
the Union List, continue to be levied and to be applied to the same purposes
|
||||||
|
until provision to the contrary is made by Parliament by law.
|
||||||
|
278. Agreement with States in Part B of the First Schedule with
|
||||||
|
regard to certain financial matters.
|
||||||
|
(l) Notwithstanding anything in this Consti-
|
||||||
|
tution, the Government of India may,
|
||||||
|
subject to the provisions of clause (2),
|
||||||
|
enter into an agreement with the Govern-
|
||||||
|
meant of a State specified in Part B of the
|
||||||
|
First Schedule with respect to
|
||||||
|
|
||||||
|
(a) the levy and collection of any tax or duty
|
||||||
|
leviable by the Government of India in such
|
||||||
|
State and for the distribution of the proceeds
|
||||||
|
thereof otherwise than in accordance with the
|
||||||
|
provisions of this Chapter ;
|
||||||
|
|
||||||
|
(b) the grant of any financial assistance by the
|
||||||
|
Government of India to such State in conse-
|
||||||
|
quence of the loss of any revenue which
|
||||||
|
that State used to derive from any tax or
|
||||||
|
duty leviable under this Constitution by the
|
||||||
|
Government of India or from any other
|
||||||
|
sources ;
|
||||||
|
|
||||||
|
(c) the contribution by such State in respect of any
|
||||||
|
payment made by the Government of India
|
||||||
|
under clause (i) of article 291,
|
||||||
|
|
||||||
|
and, when au agreement is so entered into, the provisions
|
||||||
|
of this Chapter shall in relation to such State have effect
|
||||||
|
subject to the terms of such agreement.
|
||||||
|
|
||||||
|
(2) An agreement entered into under clause (1) shall
|
||||||
|
continue in force for a period not exceeding ten years from
|
||||||
|
the commencement of this Constitution :
|
||||||
|
|
||||||
|
Provided that the President may at any time after
|
||||||
|
the expiration of five years from such commencement
|
||||||
|
terminate or modify any such agreement if after considera-
|
||||||
|
tion of the report of the Finance Commission he thinks it
|
||||||
|
necessary to do so.
|
||||||
|
|
||||||
|
279. Calculation of “net proceedsâ€<C3A2>, etc.—(1) In the foregoing
|
||||||
|
provisions of this Chapter, “net proceedsâ€<C3A2> means in relation to any tax or d
|
||||||
|
uty
|
||||||
|
the proceeds thereof reduced by the cost of collection, and for the purposes of
|
||||||
|
those provisions the net proceeds of any tax or duty, or of any part of any tax
|
||||||
|
or
|
||||||
|
duty, in or attributable to any area shall be ascertained and certified by the
|
||||||
|
Comptroller and Auditor-General of India, whose certificate shall be final.
|
||||||
|
(2) Subject as aforesaid, and to any other express provision of this
|
||||||
|
Chapter, a law made by Parliament or an order of the President may, in any
|
||||||
|
case where under this Part the proceeds of any duty or tax are, or may be,
|
||||||
|
assigned to any State, provide for the manner in which the proceeds are to be
|
||||||
|
calculated, for the time from or at which and the manner in which any
|
||||||
|
payments are to be made, for the making of adjustments between one financial
|
||||||
|
year and another, and for any other incidental or ancillary matters.
|
||||||
|
|
||||||
|
139
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
280. Finance Commission.—(1) The President shall, within two years
|
||||||
|
from the commencement of this Constitution and thereafter at the expiration of
|
||||||
|
every fifth year or at such earlier time as the President considers necessary, b
|
||||||
|
y
|
||||||
|
order constitute a Finance Commission which shall consist of a Chairman and
|
||||||
|
four other members to be appointed by the President.
|
||||||
|
(2) Parliament may by law determine the qualifications which shall be
|
||||||
|
requisite for appointment as members of the Commission and the manner in
|
||||||
|
which they shall be selected.
|
||||||
|
(3) It shall be the duty of the Commission to make recommendations to
|
||||||
|
the President as to—
|
||||||
|
(a) the distribution between the Union and the States of the net
|
||||||
|
proceeds of taxes which are to be, or may be, divided between them
|
||||||
|
under this Chapter and the allocation between the States of the respective
|
||||||
|
shares of such proceeds;
|
||||||
|
(b) the principles which should govern the grants-in-aid of the
|
||||||
|
revenues of the States out of the Consolidated Fund of India;
|
||||||
|
(bb) the measures needed to augment the Consolidated Fund of a
|
||||||
|
State to supplement the resources of the Panchayats in the State on the basis
|
||||||
|
of the recommendations made by the Finance Commission of the State;
|
||||||
|
(c) the continuance or modification of the terms
|
||||||
|
of any agreement entered into by the Gov-
|
||||||
|
ernment of India with the Government of any
|
||||||
|
State specified in Part B of the First Schedule
|
||||||
|
under clause (1) of article 278 or under article
|
||||||
|
306 ; and
|
||||||
|
(d) any other matter referred to the Commission by the President
|
||||||
|
in the interests of sound finance.
|
||||||
|
(4) The Commission shall determine their procedure and shall have such
|
||||||
|
powers in the performance of their functions as Parliament may by law confer
|
||||||
|
on them.
|
||||||
|
281. Recommendations of the Finance Commission.—The President
|
||||||
|
shall cause every recommendation made by the Finance Commission under the
|
||||||
|
provisions of this Constitution together with an explanatory memorandum as to
|
||||||
|
the action taken thereon to be laid before each House of Parliament.
|
||||||
|
Miscellaneous Financial Provisions
|
||||||
|
282. Expenditure defrayable by the Union or a State out of its
|
||||||
|
revenues.—The Union or a State may make any grants for any public purpose,
|
||||||
|
notwithstanding that the purpose is not one with respect to which Parliament or
|
||||||
|
the Legislature of the State, as the case may be, may make laws.
|
||||||
|
|
||||||
|
140
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
283. Custody, etc., of Consolidated Funds, Contingency Funds and
|
||||||
|
moneys credited to the public accounts.—(1) The custody of the
|
||||||
|
Consolidated Fund of India and the Contingency Fund of India, the payment of
|
||||||
|
moneys into such Funds, the withdrawal of moneys therefrom, the custody of
|
||||||
|
public moneys other than those credited to such Funds received by or on behalf
|
||||||
|
of the Government of India, their payment into the public account of India and
|
||||||
|
the withdrawal of moneys from such account and all other matters connected
|
||||||
|
with or ancillary to matters aforesaid shall be regulated by law made by
|
||||||
|
Parliament, and, until provision in that behalf is so made, shall be regulated b
|
||||||
|
y
|
||||||
|
rules made by the President.
|
||||||
|
(2) The custody of the Consolidated Fund of a State and the
|
||||||
|
Contingency Fund of a State, the payment of moneys into such Funds, the
|
||||||
|
withdrawal of moneys therefrom, the custody of public moneys other than
|
||||||
|
those credited to such Funds received by or on behalf of the Government of the
|
||||||
|
State, their payment into the public account of the State and the withdrawal of
|
||||||
|
moneys from such account and all other matters connected with or ancillary to
|
||||||
|
matters aforesaid shall be regulated by law made by the Legislature of the
|
||||||
|
State, and, until provision in that behalf is so made, shall be regulated by rul
|
||||||
|
es
|
||||||
|
made by the Governor or Rajpramukh of the State.
|
||||||
|
284. Custody of suitors' deposits and other moneys received by
|
||||||
|
public servants and courts.—All moneys received by or deposited with—
|
||||||
|
(a) any officer employed in connection with the affairs of the
|
||||||
|
Union or of a State in his capacity as such, other than revenues or
|
||||||
|
public moneys raised or received by the Government of India or the
|
||||||
|
Government of the State, as the case may be, or
|
||||||
|
(b) any court within the territory of India to the credit of any
|
||||||
|
cause, matter, account or persons,
|
||||||
|
shall be paid into the public account of India or the public account of State, a
|
||||||
|
s
|
||||||
|
the case may be.
|
||||||
|
285. Exemption of property of the Union from State taxation.—(1)
|
||||||
|
The property of the Union shall, save in so far as Parliament may by law
|
||||||
|
otherwise provide, be exempt from all taxes imposed by a State or by any
|
||||||
|
authority within a State.
|
||||||
|
(2) Nothing in clause (1) shall, until Parliament by law otherwise
|
||||||
|
provides, prevent any authority within a State from levying any tax on any
|
||||||
|
property of the Union to which such property was immediately before the
|
||||||
|
commencement of this Constitution liable or treated as liable, so long as that
|
||||||
|
tax continues to be levied in that State.
|
||||||
|
|
||||||
|
141
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
286. Restrictions as to imposition of tax on the sale or purchase of
|
||||||
|
goods.—(1) No law of a State shall impose, or authorise the imposition of, a
|
||||||
|
tax on the sale or purchase of goods where such sale or purchase takes place—
|
||||||
|
(a) outside the State; or
|
||||||
|
(b) in the course of the import of the goods into, or export of the
|
||||||
|
goods out of, the territory of India.
|
||||||
|
Explanation. For the purposes of sub-clause (a), a
|
||||||
|
sale or purchase shall be deemed to have taken place in the
|
||||||
|
State in which the goods have actually been delivered as a
|
||||||
|
direct result of such sale or purchase for the purpose of
|
||||||
|
consumption in that State, notwithstanding the fact that
|
||||||
|
under the general law relating to sale of goods the property
|
||||||
|
in the goods has by reason of such sale or purchase passed
|
||||||
|
in another State.
|
||||||
|
(2) Except in so far as Parliament may by law other-
|
||||||
|
wise provide, no law of a State shall impose, or authorise
|
||||||
|
the imposition of, a tax on the sale or purchase of any
|
||||||
|
goods where such sale or purchase takes place in the course
|
||||||
|
of inter-State trade or commerce :
|
||||||
|
|
||||||
|
Provided that the President may by order direct that
|
||||||
|
any tax on the sale or purchase of goods which was being
|
||||||
|
lawfully levied by the Government of any State
|
||||||
|
immediately before the commencement of this Constitution
|
||||||
|
shall, notwithstanding that the imposition of such tax is
|
||||||
|
contrary to 'the provisions of this clause, continue to be
|
||||||
|
levied until the thirtyfirst day of March, 1951.
|
||||||
|
|
||||||
|
(3) No law made by the Legislature of a State
|
||||||
|
imposing, or authorising the imposition of, a tax on the
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
|
Arts. 287-288 } FINANCE 245
|
||||||
|
|
||||||
|
sale or purchase of any such goods as have been declared
|
||||||
|
by Parliament by law to be essential for the life of the
|
||||||
|
community shall have effect unless it has been reserved
|
||||||
|
for the consideration of the President and has received his
|
||||||
|
assent.
|
||||||
|
|
||||||
|
287. Exemption from taxes on electricity.—Save in so far as
|
||||||
|
Parliament may by law otherwise provide, no law of a State shall impose, or
|
||||||
|
authorise the imposition of, a tax on the consumption or sale of electricity
|
||||||
|
(whether produced by a Government or other persons) which is—
|
||||||
|
(a) consumed by the Government of India, or sold to the
|
||||||
|
Government of India for consumption by that Government; or
|
||||||
|
(b) consumed in the construction, maintenance or operation of any
|
||||||
|
railway by the Government of India or a railway company operating that
|
||||||
|
railway, or sold to that Government or any such railway company for
|
||||||
|
consumption in the construction, maintenance or operation of any
|
||||||
|
railway,
|
||||||
|
and any such law imposing, or authorising the imposition of, a tax on the sale
|
||||||
|
of electricity shall secure that the price of electricity sold to the Government
|
||||||
|
of
|
||||||
|
India for consumption by that Government, or to any such railway company as
|
||||||
|
aforesaid for consumption in the construction, maintenance or operation of any
|
||||||
|
railway, shall be less by the amount of the tax than the price charged to other
|
||||||
|
consumers of a substantial quantity of electricity.
|
||||||
|
|
||||||
|
142
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
288. Exemption from taxation by States in respect of water or
|
||||||
|
electricity in certain cases.—(1) Save in so far as the President may by order
|
||||||
|
otherwise provide, no law of a State in force immediately before the
|
||||||
|
commencement of this Constitution shall impose, or authorise the imposition
|
||||||
|
of, a tax in respect of any water or electricity stored, generated, consumed,
|
||||||
|
distributed or sold by any authority established by any existing law or any law
|
||||||
|
made by Parliament for regulating or developing any inter-State river or riverva
|
||||||
|
lley.
|
||||||
|
Explanation.—The expression “law of a State in forceâ€<C3A2> in this clause
|
||||||
|
shall include a law of a State passed or made before the commencement of this
|
||||||
|
Constitution and not previously repealed, notwithstanding that it or parts of it
|
||||||
|
may not be then in operation either at all or in particular areas.
|
||||||
|
(2) The Legislature of a State may by law impose, or authorise the
|
||||||
|
imposition of, any such tax as is mentioned in clause (1), but no such law shall
|
||||||
|
have any effect unless it has, after having been reserved for the consideration
|
||||||
|
of
|
||||||
|
the President, received his assent; and if any such law provides for the fixatio
|
||||||
|
n
|
||||||
|
of the rates and other incidents of such tax by means of rules or orders to be
|
||||||
|
made under the law by any authority, the law shall provide for the previous
|
||||||
|
consent of the President being obtained to the making of any such rule or order.
|
||||||
|
289. Exemption of property and income of a State from Union
|
||||||
|
taxation.—(1) The property and income of a State shall be exempt from Union
|
||||||
|
taxation.
|
||||||
|
(2) Nothing in clause (1) shall prevent the Union from imposing, or
|
||||||
|
authorising the imposition of, any tax to such extent, if any, as Parliament may
|
||||||
|
by law provide in respect of a trade or business of any kind carried on by, or o
|
||||||
|
n
|
||||||
|
behalf of, the Government of a State, or any operations connected therewith, or
|
||||||
|
any property used or occupied for the purposes of such trade or business, or any
|
||||||
|
income accruing or arising in connection therewith.
|
||||||
|
(3) Nothing in clause (2) shall apply to any trade or business, or to any
|
||||||
|
class of trade or business, which Parliament may by law declare to be incidental
|
||||||
|
to the ordinary functions of Government.
|
||||||
|
|
||||||
|
143
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
290. Adjustment in respect of certain expenses and pensions.—
|
||||||
|
Where under the provisions of this Constitution the expenses of any court or
|
||||||
|
Commission, or the pension payable to or in respect of a person who has served
|
||||||
|
before the commencement of this Constitution under the Crown in India or
|
||||||
|
after such commencement in connection with the affairs of the Union or of a
|
||||||
|
State, are charged on the Consolidated Fund of India or the Consolidated Fund
|
||||||
|
of a State, then, if—
|
||||||
|
(a) in the case of a charge on the Consolidated Fund of India, the
|
||||||
|
court or Commission serves any of the separate needs of a State, or the
|
||||||
|
person has served wholly or in part in connection with the affairs of a
|
||||||
|
State; or
|
||||||
|
(b) in the case of a charge on the Consolidated Fund of a State, the
|
||||||
|
court or Commission serves any of the separate needs of the Union or
|
||||||
|
another State, or the person has served wholly or in part in connection
|
||||||
|
with the affairs of the Union or another State,
|
||||||
|
there shall be charged on and paid out of the Consolidated Fund of the State or,
|
||||||
|
as the case may be, the Consolidated Fund of India or the Consolidated Fund of
|
||||||
|
the other State, such contribution in respect of the expenses or pension as may
|
||||||
|
be agreed, or as may in default of agreement be determined by an arbitrator to
|
||||||
|
be appointed by the Chief Justice of India.
|
||||||
|
|
||||||
|
291- (1) Where under any covenant or agreement
|
||||||
|
entered into by the Ruler of any Indian
|
||||||
|
State before the commencement of this
|
||||||
|
Constitution, the payment of any sums,
|
||||||
|
free of tax, has been guaranteed or assured by the Govern-
|
||||||
|
ment of the Dominion of India to any Ruler of such State
|
||||||
|
as privy purse
|
||||||
|
(a) such sums shall be charged on, and paid out of,
|
||||||
|
the Consolidated Fund of India ; and
|
||||||
|
(b) the sums so paid to any Ruler shall be exempt
|
||||||
|
from all taxes on income.
|
||||||
|
(2) Where the territories of any such Indian State as
|
||||||
|
aforesaid are comprised within a State specified in Part A
|
||||||
|
or Part B of the First Schedule, there shall be charged on,
|
||||||
|
and paid put of, the Consolidated Fund of that State such
|
||||||
|
contribution, if any, in respect of the payments made by the
|
||||||
|
Government of India under clause (1) and for such period
|
||||||
|
as may, subject to any agreement entered into in that behalf
|
||||||
|
under clause (1) of article 278, be determined by order of
|
||||||
|
the President.
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
|
CHAPTER II.—BORROWING
|
||||||
|
292. Borrowing by the Government of India.—The executive power
|
||||||
|
of the Union extends to borrowing upon the security of the Consolidated Fund
|
||||||
|
of India within such limits, if any, as may from time to time be fixed by
|
||||||
|
Parliament by law and to the giving of guarantees within such limits, if any, as
|
||||||
|
may be so fixed.
|
||||||
|
293. Borrowing by States.—(1) Subject to the provisions of this article,
|
||||||
|
the executive power of a State extends to borrowing within the territory of Indi
|
||||||
|
a
|
||||||
|
upon the security of the Consolidated Fund of the State within such limits, if a
|
||||||
|
ny,
|
||||||
|
as may from time to time be fixed by the Legislature of such State by law and to
|
||||||
|
the giving of guarantees within such limits, if any, as may be so fixed.
|
||||||
|
|
||||||
|
144
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
(2) The Government of India may, subject to such conditions as may be
|
||||||
|
laid down by or under any law made by Parliament, make loans to any State or,
|
||||||
|
so long as any limits fixed under article 292 are not exceeded, give guarantees
|
||||||
|
in respect of loans raised by any State, and any sums required for the purpose
|
||||||
|
of making such loans shall be charged on the Consolidated Fund of India.
|
||||||
|
(3) A State may not without the consent of the Government of India raise
|
||||||
|
any loan if there is still outstanding any part of a loan which has been made to
|
||||||
|
the State by the Government of India or by its predecessor Government, or in
|
||||||
|
respect of which a guarantee has been given by the Government of India or by
|
||||||
|
its predecessor Government.
|
||||||
|
(4) A consent under clause (3) may be granted subject to such
|
||||||
|
conditions, if any, as the Government of India may think fit to impose.
|
||||||
|
CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,
|
||||||
|
OBLIGATIONS AND SUITS
|
||||||
|
294. Succession to property, assets, rights, liabilities and obligations
|
||||||
|
in certain cases.—As from the commencement of this Constitution—
|
||||||
|
(a) all property and assets which immediately before such
|
||||||
|
commencement were vested in His Majesty for the purposes of the
|
||||||
|
Government of the Dominion of India and all property and assets which
|
||||||
|
immediately before such commencement were vested in His Majesty for
|
||||||
|
the purposes of the Government of each Governor’s Province shall vest
|
||||||
|
respectively in the Union and the corresponding State, and
|
||||||
|
(b) all rights, liabilities and obligations of the Government of the
|
||||||
|
Dominion of India and of the Government of each Governor's Province,
|
||||||
|
whether arising out of any contract or otherwise, shall be the rights,
|
||||||
|
liabilities and obligations respectively of the Government of India and
|
||||||
|
the Government of each corresponding State,
|
||||||
|
subject to any adjustment made or to be made by reason of the creation before
|
||||||
|
the commencement of this Constitution of the Dominion of Pakistan or of the
|
||||||
|
Provinces of West Bengal, East Bengal, West Punjab and East Punjab.
|
||||||
|
295. Succession to property, assets, rights, liabilities and obligations
|
||||||
|
in other cases.—(1) As from the commencement of this Constitution—
|
||||||
|
(a) all property and assets which immediately before such
|
||||||
|
commencement were vested in any Indian State corresponding to a State
|
||||||
|
specified in Part B of the First Schedule shall vest in the Union, if the
|
||||||
|
purposes for which such property and assets were held immediately
|
||||||
|
before such commencement will thereafter be purposes of the Union
|
||||||
|
relating to any of the matters enumerated in the Union List, and
|
||||||
|
|
||||||
|
145
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
(b) all rights, liabilities and obligations of the Government of any
|
||||||
|
Indian State corresponding to a State specified in Part B of the First
|
||||||
|
Schedule, whether arising out of any contract or otherwise, shall be the
|
||||||
|
rights, liabilities and obligations of the Government of India, if the purposes
|
||||||
|
for which such rights were acquired or liabilities or obligations were incurred
|
||||||
|
before such commencement will thereafter be purposes of the Government
|
||||||
|
of India relating to any of the matters enumerated in the Union List,
|
||||||
|
subject to any agreement entered into in that behalf by the Government of India
|
||||||
|
with the Government of that State.
|
||||||
|
(2) Subject as aforesaid, the Government of each State specified in Part B
|
||||||
|
of the First Schedule shall, as from the commencement of this Constitution, be t
|
||||||
|
he
|
||||||
|
successor of the Government of the corresponding Indian State as regards all
|
||||||
|
property and assets and all rights, liabilities and obligations, whether arising
|
||||||
|
out
|
||||||
|
of any contract or otherwise, other than those referred to in clause (1).
|
||||||
|
296. Property accruing by escheat or lapse or as bona vacantia.—
|
||||||
|
Subject as hereinafter provided, any property in the territory of India which, i
|
||||||
|
f
|
||||||
|
this Constitution had not come into operation, would have accrued to His Majesty
|
||||||
|
or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or
|
||||||
|
as
|
||||||
|
bona vacantia for want of a rightful owner, shall, if it is property situate in
|
||||||
|
a
|
||||||
|
State, vest in such State, and shall, in any other case, vest in the Union:
|
||||||
|
Provided that any property which at the date when it would have so
|
||||||
|
accrued to His Majesty or to the Ruler of an Indian State was in the possession
|
||||||
|
or under the control of the Government of India or the Government of a State
|
||||||
|
shall, according as the purposes for which it was then used or held were
|
||||||
|
purposes of the Union or of a State, vest in the Union or in that State.
|
||||||
|
Explanation.—In this article, the expressions “Rulerâ€<C3A2> and “Indian Stateâ
|
||||||
|
€<EFBFBD>
|
||||||
|
have the same meanings as in article 363.
|
||||||
|
297. All lands, minerals and other things of value
|
||||||
|
underlying the ocean within the territorial
|
||||||
|
waters of India shall vest in the Union
|
||||||
|
and be held for the purposes of the Union.
|
||||||
|
|
||||||
|
298. (1) The executive power of the Union and of
|
||||||
|
each State shall extend, subject to any
|
||||||
|
law made by the appropriate Legislature,
|
||||||
|
to the grant, sale, disposition or mortgage
|
||||||
|
of any poroperty held for the purposes of the Union or of
|
||||||
|
such State, as the case may be, and to the purchase or
|
||||||
|
acquisition of property for those purposes respectively, and
|
||||||
|
to the making of contracts.
|
||||||
|
(2) All property acquired for the purposes of the
|
||||||
|
Union or of a State shall vest in the Union or in such State,
|
||||||
|
as the case may be.
|
||||||
|
|
||||||
|
Cf. S. 176 (1) and (2) of the Government of India Act, 1935.
|
||||||
|
|
||||||
|
299. Contracts.—(1) All contracts made in the exercise of the executive
|
||||||
|
power of the Union or of a State shall be expressed to be made by the
|
||||||
|
President, or by the Governor or the Rajpramukh of the State, as the case may be
|
||||||
|
, and all such
|
||||||
|
contracts and all assurances of property made in the exercise of that power shal
|
||||||
|
l
|
||||||
|
be executed on behalf of the President or the Governor by such persons and in
|
||||||
|
such manner as he may direct or authorise.
|
||||||
|
(2) Neither the President nor the Governor nor the Rajpramukh shall be personall
|
||||||
|
y liable in
|
||||||
|
respect of any contract or assurance made or executed for the purposes of this
|
||||||
|
Constitution, or for the purposes of any enactment relating to the Government
|
||||||
|
of India heretofore in force, nor shall any person making or executing any such
|
||||||
|
contract or assurance on behalf of any of them be personally liable in respect
|
||||||
|
thereof.
|
||||||
|
300. Suits and proceedings.—(1) The Government of India may sue or
|
||||||
|
be sued by the name of the Union of India and the Government of a State may
|
||||||
|
sue or be sued by the name of the State and may, subject to any provisions
|
||||||
|
which may be made by Act of Parliament or of the Legislature of such State
|
||||||
|
enacted by virtue of powers conferred by this Constitution, sue or be sued in
|
||||||
|
relation to their respective affairs in the like cases as the Dominion of India
|
||||||
|
and
|
||||||
|
the corresponding Provinces or the corresponding Indian States might have
|
||||||
|
sued or been sued if this Constitution had not been enacted.
|
||||||
|
|
||||||
|
147
|
||||||
|
|
||||||
|
THE CONSTITUTION OF INDIA
|
||||||
|
|
||||||
|
(2) If at the commencement of this Constitution—
|
||||||
|
(a) any legal proceedings are pending to which the Dominion of
|
||||||
|
India is a party, the Union of India shall be deemed to be substituted for
|
||||||
|
the Dominion in those proceedings; and
|
||||||
|
(b) any legal proceedings are pending to which a Province or an
|
||||||
|
Indian State is a party, the corresponding State shall be deemed to be
|
||||||
|
substituted for the Province or the Indian State in those proceedings.
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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.”
|
|
@ -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.
|
|
@ -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,
|
|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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.
|
|
@ -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).
|
||||||
|
|
||||||
|
|
|
@ -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.”
|
||||||
|
|
||||||
|
|
|
@ -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”. -------
|
|
@ -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.
|
||||||
|
|
||||||
|
|
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|
@ -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.
|
||||||
|
|
||||||
|
|
|
@ -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
|
||||||
|
|
||||||
|
|
Loading…
Reference in New Issue