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AMENDMENT_42_01041977

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19
PART11.txt
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@ -200,6 +200,25 @@ ed
by the State.
257A. Assistance to States by deployment of armed forces or other
forces of the Union.-(1) The Government of India may deploy any armed
force of the Union or any other force subject to the control of the
Union for dealing with any grave situation of law and order in any
State.
(2) Any armed force or other fore or any contingent or unit thereof
deployed under clause (1) in any State shall act in accordance with
such directions as the Government of India may issue and shall not,
save as otherwise provided in such directions, be subject to the
superintendence or control of the State Government or any officer or
authority subordinate to the State Government.
(3) Parliament may, by law, specify the powers, functions, privileges
and liabilities of the members of any force or any contingent or unit
thereof deployed under clause (1) during the period of such
deployment.
258. Power of the Union to confer powers, etc., on States in certain
cases.—(1) Notwithstanding anything in this Constitution, the President may,
with the consent of the Government of a State, entrust either conditionally or

27
PART14.txt
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@ -51,12 +51,12 @@ 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 except after an inquiry in which he has been informed of the
charges against him and given a reasonable opportunity of being heard in
respect of those charges and where it is proposed, after such
inquiry, to impose on him any such penalty, until he has been given a
reasonable opportunity of making representation on the penalty
proposes, but only on the basis of the evidence adduced during such
inquiry:
Provided that this clause shall not apply---
respect of those charges:
Provided that where it is proposed after such inquiry, to impose upon
him any such penalty, such penalty may be imposed on the basis of the
evidence adduced during such inquiry and it shall not be necessary to give such
person any opportunity of making representation on the penalty proposed:
Provided further that this clause shall not apply—
(a) where a person is dismissed or removed or reduced in rank on
the ground of conduct which has led to his conviction on a criminal
charge; or
@ -71,12 +71,12 @@ to hold such inquiry.
whether it is reasonably practicable to hold such inquiry as is referred to in
clause (2), the decision thereon of the authority empowered to dismiss or
remove such person or to reduce him in rank shall be final.
312. All-India services.—(1) Notwithstanding anything in Part XI, if the Counc
il of States has declared by resolution
312. All-India services.—(1) Notwithstanding anything in Chapter VI
of Part VI or Part XI, if the Council of States has declared by resolution
supported by not less than two-thirds of the members present and voting that it
is necessary or expedient in the national interest 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
law provide for the creation of one or more all India services (including an all
India judicial service) common to the Union 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.
@ -88,6 +88,13 @@ 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.
(3) The all-India judicial service referred to in clause (1) shall not
include any post inferior to that of a district judge as defined in article 236.
(4) The law providing for the creation of the all-India judicial service
aforesaid may contain such provisions for the amendment of Chapter VI of Part
VI as may be necessary for giving effect to the provisions of that law and no
such law shall be deemed to be an amendment of this Constitution for the
purposes of article 368.
312A. Power of Parliament to vary or revoke conditions of service of
officers of certain services.—(1) Parliament may by law—
(a) vary or revoke, whether prospectively or retrospectively, the

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@ -0,0 +1,100 @@
PART XIVA
TRIBUNALS
323A. Administrative tribunals.—(1) Parliament may, by law, provide
for the adjudication or trial by administrative tribunals of disputes and
complaints with respect to recruitment and conditions of service of persons
appointed to public services and posts in connection with the affairs of the
Union or of any State or of any local or other authority within the territory of
India or under the control of the Government of India or of any corporation
owned or controlled by the Government.
(2) A law made under clause (1) may—
(a) provide for the establishment of an administrative tribunal for the
Union and a separate administrative tribunal for each State or for two or
more States;
(b) specify the jurisdiction, powers (including the power to punish for
contempt) and authority which may be exercised by each of the said
tribunals;
(c) provide for the procedure (including provisions as to limitation
and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the
Supreme Court under article 136, with respect to the disputes or
complaints referred to in clause (1);
(e) provide for the transfer to each such administrative tribunal of any
cases pending before any court or other authority immediately before the
establishment of such tribunal as would have been within the jurisdiction
of such tribunal if the causes of action on which such suits or
proceedings are based had arisen after such establishment;
(f) repeal or amend any order made by the President under clause (3)
of article 371D;
(g) contain such supplemental, incidental and consequential
provisions (including provisions as to fees) as Parliament may deem
necessary for the effective functioning of, and for the speedy disposal of
cases by, and the enforcement of the orders of, such tribunals.
159
160
THE CONSTITUTION OF INDIA
(3) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other law for the
time being in force.
323B. Tribunals for other matters.— (1) The appropriate Legislature
may, by law, provide for the adjudication or trial by tribunals of any disputes,
complaints, or offences with respect to all or any of the matters specified in
clause (2) with respect to which such Legislature has power to make laws.
(2) The matters referred to in clause (1) are the following, namely:—
(a) levy, assessment, collection and enforcement of any tax;
(b) foreign exchange, import and export across customs frontiers;
(c) industrial and labour disputes;
(d) land reforms by way of acquisition by the State of any estate as
defined in article 31A or of any rights therein or the extinguishment or
modification of any such rights or by way of ceiling on agricultural land
or in any other way;
(e) ceiling on urban property;
(f) elections to either House of Parliament or the House or either
House of the Legislature of a State, but excluding the matters referred to
in article 329 and article 329A;
(g) production, procurement, supply and distribution of food-stuffs
(including edible oilseeds and oils) and such other goods as the President
may, by public notification, declare to be essential goods for the purpose
of this article and control of prices of such goods;
(h) offences against laws with respect to any of the matters specified
in sub-clauses (a) to (g) and fees in respect of any of those matters;
(i) any matter incidental to any of the matters specified in sub-clauses
(a) to (h).
(3) A law made under clause (1) may—
(a) provide for the establishment of a hierarchy of tribunals;
161
THE CONSTITUTION OF INDIA
(b) specify the jurisdiction, powers (including the power to punish for
contempt) and authority which may be exercised by each of the said
tribunals;
(c) provide for the procedure (including provisions as to limitation
and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the
Supreme Court under article 136, with respect to all or any of the matters
falling within the jurisdiction of the said tribunals;
(e) provide for the transfer to each such tribunal of any cases pending
before any court or any other authority immediately before the
establishment of such tribunal as would have been within the jurisdiction
of such tribunal if the causes of action on which such suits or
proceedings are based had arisen after such establishment;
(f) contain such supplemental, incidental and consequential
provisions (including provisions as to fees) as the appropriate
Legislature may deem necessary for the effective functioning of, and for
the speedy disposal of cases by, and the enforcement of the orders of,
such tribunals.
(4) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other law for the
time being in force.
Explanation.—In this article, “appropriate Legislature”, in relation to an
y
matter, means Parliament or, as the case may be, a State Legislature competent
to make laws with respect to such matter in accordance with the provisions of
Part XI.

9
PART16.txt
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@ -29,7 +29,14 @@ autonomous districts of Assam shall bear to the total number of seats allotted t
o
that State a proportion not less than the population of the Scheduled Tribes in
the said autonomous districts bears to the total population of the State.
Explanation.—In this article and in article 332, the expression
“population” means the population as ascertained at the last preceding censu
s
of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 2000 have been
published, be construed as a reference to the 1971 census.
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

81
PART18.txt
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@ -4,9 +4,12 @@ EMERGENCY PROVISIONS
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.
he may, by Proclamation, make a declaration to that effect in respect
of the whole of India or of such part of the territory thereof as may be specifi
ed
in the Proclamation.
(2) A Proclamation issued under clause (1)
(a) may be revoked by a subsequent Proclamation ;
(a) may be revoked or varied 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
@ -26,7 +29,10 @@ 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.
(2A) Where a Proclamation issued under clause (1) is varied by a
subsequent Proclamation, the provisions of clause (2) shall, so far as
may be, apply in relation to such subsequent Proclamation as they
apply in relation to a Proclamation issued under clause (1).
(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
@ -67,7 +73,18 @@ 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:
Provided that where a Proclamation of Emergency is in operation only
in any part of the territory of India,—
(i) the executive power of the Union to give directions under
clause (a), and
(ii) the power of Parliament to make laws under clause (b),
shall also extend to any State other than a State in which or in any part of
which the Proclamation of Emergency is in operation if and in so far as the
security of India or any part of the territory thereof is threatened by activiti
es in
or in relation to the part of the territory of India in which the Proclamation o
f
Emergency is in operation.
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
@ -135,17 +152,17 @@ 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
on the expiration of a period of one year 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
one year 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
place during any such period of one year 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
@ -177,19 +194,15 @@ 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.
(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, after the Proclamation has ceased to operate, continue in force unti
l
altered or repealed or amended by a competent Legislature or other authority.
185
THE CONSTITUTION OF INDIA
@ -203,6 +216,15 @@ 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:
Provided that where a Proclamation of Emergency is in operation
only in any part of the territory of India, any such law may be made, or any
such executive action may be taken, under this article in relation to or in any
State or Union territory in which or in any part of which the Proclamation of
Emergency is not in operation, if and in so far as the security of India or any
part of the territory thereof is threatened by activities in or in relation to t
he part
of the territory of India in which the Proclamation of Emergency is in
operation.
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
@ -226,10 +248,27 @@ but any law so made shall, to the extent of the incompetency, cease to have
effect as soon as the order aforesaid ceases to operate, except as respects thin
gs
done or omitted to be done before the law so ceases to have effect:
Provided that where a Proclamation of Emergency is in operation only in
any part of the territory of India, any such law may be made, or any such
executive action may be taken, under this article in relation to or in any State
or
Union territory in which or in any part of which the Proclamation of
Emergency is not in operation, if and in so far as the security of India or any
part of the territory thereof is threatened by activities in or in relation to t
he part
of the territory of India in which the Proclamation of Emergency is in
operation.
(2) An order made as aforesaid may extend to the whole or any part of
the territory of India:
Provided that where a Proclamation of Emergency is in operation only in
a part of the territory of India, any such order shall not extend to any other p
art
of the territory of India unless the President, being satisfied that the securit
y of
India or any part of the territory thereof is threatened by activities in or in
relation to the part of the territory of India in which the Proclamation of
Emergency is in operation, considers such extension to be necessary.
(3) Every order made under clause (1) shall, as soon as may be after it is
made, be laid before each House of Parliament.

23
PART19.txt
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@ -123,7 +123,8 @@ 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;
(4A) "Central law" means any law other than a State law but does not
indclude any amendment of this Constitution made under article 368;
(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
@ -217,7 +218,27 @@ 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;
(26A) "State law" means-
(a) a State Act or an Act of the Legislature of a Union territory;
(b) an Ordinance promulgated by the Governor of a State under article
213 or by the administrator of a Union terrirory under article 239B;
(c) any provision with respect to a matter in the State List in a
Central Act made before the commencement of this Constitution;
(d) any provision with respect to a matter in the State List or the
Concurrent List in a Provincial Act;
(e) any notification, order, scheme, rule, regulation or bye-law or
any other instrument having the force of law made under any Act,
Ordinance or provisions referred to in sub-clause (a), sub-clause (b),
sub-clause (c) or sub-clause (d);
(f) any notification, order, scheme, rule, regulation or bye-law or
any other instrument having the force of law, not falling under
sub-clause (e), and made by a State Government or the administrator of
a Union territory or an officer or authority subordinate to such
Government or administrator; and
(g) any other law (including any usage or custom having the force of
law) with respect to a matter in the State List.
(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,

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@ -23,9 +23,25 @@ than one-half of the States by resolutions to that effect passed by those
Legislatures before the Bill making provision for such amendment is presented
to the President for assent.
(3) Nothing in article 13 shall apply to any amendment made under this article.
[(4) No amendment of this Constitution (including the provisions of Part
III) made or purporting to have been made under this article whether before or
after the commencement of section 55 of the Constitution (Forty-second
Amendment) Act, 1976] shall be called in question in any court on any ground.
(5) For the removal of doubts, it is hereby declared that there shall be no
limitation whatever on the constituent power of Parliament to amend by way of
addition, variation or repeal the provisions of this Constitution under this art
icle.]
______________________________________________
Cls. (4) and (5) were ins. “in article 368 by s. 55 of the Constitution (Forty
-second
Amendment) Act, 1976. This section has been declared invalid by the Supreme Cour
t
in Minerva Mills Ltd. and Others Vs. Union of India and Others (1980 ) 2 S.C.C.
591.
198

4
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@ -454,8 +454,8 @@ exercise the powers and perform the functions of the Legislative
Assembly of a State under this Constitution;
(c) in the case of the Assembly deemed to be the Legislative
Assembly of the State of Sikkim under clause (b), the references to the
period of five years, in clause (1) of article 172 shall be construed as
references to a period of four years and the said period of four years shall
period of six years, in clause (1) of article 172 shall be construed as
references to a period of five years and the said period of five years shall
be deemed to commence from the appointed day;
(d) until other provisions are made by Parliament by law, there shall
be allotted to the State of Sikkim one seat in the House of the People and

78
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@ -507,7 +507,68 @@ Provided that where such law is made by the Legislature of a State, the
provisions of this article shall not apply thereto unless such law, having been
reserved for the consideration of the President, has received his assent.
31D.Saving of laws in respect of anti-national activities.- (1)
Notwithstanding anything contained in article 13, no law providing
for-
(a) the prevention or prohibition of anti-national activities; or
(b) the prevention of formation of, or the prohibition of,
anti-national associations,
shall be deemed to be void on the ground that it is inconsistent with,
or takes away or abridges any of the rights conferred by, article
14, article 19 or article 31.
(2) Notwithstanding anything in this Constitution, Parliament shall
have, and the Legislature of a State shall not have, power to make
laws with respect to any of the matters referred to in sub-clause (a)
or sub-clause (b) of clause (1).
(3) Any law with respect to any matter referred to in sub-clause (a)
or sub-clause (b) of clause (1) which is in force immediately before
the commencement of section 5 of the Constitution (Forty-second
Amendment) Act, 1976, shall continue in force until altered or
repealed or amended by Parliament.
(4) In this article,-
(a) "association" means an association of persons;
(b) "anti-national activity", in relation to an individual or
association, means any action taken by such individual or
association-
(i) which is intended, or which supports any claim, to bring about, on
any ground whatsoever, the cession of a part of the territory of India
or the secession of a part of the territory of India or which incities
any individual or association to bring about such cession or
secession;
(ii) which disclaims, questions, threatens, disrupts or is intended to
threaten or disrupt the sovereignty and integrity of India or the
security of the State or the unity of the nation;
(iii) which is intended, or which is part of a scheme which is
intended, to overthrow by force the Government as by law established;
(iv) which is intended, or which is part of a scheme which is
intended, to create internal disturbance or the disruption of public
services;
(v) which is intended, or which is part of a scheme which is intended,
to threaten or disrupt harmony between different religious, racial,
language or regional groups or castes or communities;
(c) "anti-national association" means an association---
(i) which has for its object any anti-national activity;
(ii) which encourages or aids persons to undertake or engage in any
anti-national activity;
(iii) the members whereof undertake or engage in any anti-national
activity.'.
32. Remedies for enforcement of rights conferred by this Part.—(1)
The right to move the Supreme Court by appropriate proceedings for the
@ -523,8 +584,23 @@ within the local limits of its jurisdiction all or any of the powers exercisable
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.
32A. Constitutional validity of State laws not to be considered in
proceedings under article 32.-Notwithstanding anything in article 32,
the Supreme Court shall not consider the constitutional validity of
any State law in any proceedings under that article unless the
constitutional validity of any Central law is also in issue in such
proceedings.
______________________________________________
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “th
e principles specified in
clause (b) or clause (c) of article 39” (w.e.f. 3.1.1977). Section 4 has been
declared invalid by the
Supreme Court in Minerva Mills Ltd. and others vs. Union of India and others (19
80) s. 2, S.C.C. 591.
2. In Kesavananda Bharati vs. the State of Kerala (1973). Supp. S.C.R.1., the Su
preme Court held the
provisions in italics to be invalid.
17

27
PART4.txt
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@ -29,9 +29,22 @@ detriment;
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.
(f) that children are given opportunities and facilities to develop in
a healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against moral
and material abandonment.
19
20
THE CONSTITUTION OF INDIA
39A. Equal justice and free legal aid.—The State shall secure that the
operation of the legal system promotes justice, on a basis of equal opportunity,
and shall, in particular, provide free legal aid, by suitable legislation or sch
emes
or in any other way, to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities.
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.
@ -51,7 +64,11 @@ 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.
43A. Participation of workers in management of industries.—The
State shall take steps, by suitable legislation or in any other way, to secure t
he
participation of workers in the management of undertakings, establishments or
other organisations engaged in any industry.
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
@ -82,7 +99,9 @@ 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.
48A. Protection and improvement of environment and safeguarding
of forests and wild life.—The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country.
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 or under law ma

31
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@ -0,0 +1,31 @@
PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties.—It shall be the duty of every citizen of
India—
(a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our
national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of
India;
(d) to defend the country and render national service when called
upon to do so;
(e) to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic and
regional or sectional diversities; to renounce practices derogatory to the
dignity of women;
(f) to value and preserve the rich heritage of our composite
culture;
(g) to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for living
creatures;
(h) to develop the scientific temper, humanism and the spirit of
inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher levels of
endeavour and achievement;
22

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@ -60,7 +60,10 @@ and the voting at such election shall be by secret ballot.
Explanation.—In this article, the expression “population” means the
population as ascertained at the last preceding census of which the relevant
figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 2000 have been
published, be construed as a reference to the 1971 census.
56. Term of office of President.—(1) The President shall hold office for
a term of five years from the date on which he enters upon his office:
Provided that—
@ -330,7 +333,9 @@ Constitution.
Council of Ministers
74. Council of Ministers to aid and advise President.— (1) There shall
be a Council of Ministers with the Prime Minister at the head to aid and advise
the President in the exercise of his functions.
the President who shall, in the exercise of his functions, act in accordance wit
h
such advice:
(2) The question whether any, and if so what, advice was tendered by
Ministers to the President shall not be inquired into in any court.
75. Other provisions as to Ministers.—(1) The Prime Minister shall be
@ -386,7 +391,9 @@ or instrument made or executed by the President.
(3) The President shall make rules for the more convenient transaction
of the business of the Government of India, and for the allocation among
Ministers of the said business.
(4) No court or other authority shall be entitled to require the
production of any rules made under clause (3) for the more convenient
transaction of the business of the Government of India.
78. Duties of Prime Minister as respects the furnishing of information
to the President, etc.—It shall be the duty of the Prime Minister—
(a) to communicate to the President all decisions of the Council of
@ -459,6 +466,13 @@ published:
34
Provided that the reference in this clause to the last preceding census of
which the relevant figures have been published shall, until the relevant figures
for
the first census taken after the year 2000 have been published, be construed as
a reference to the 1971 census.
82. Readjustment after each census.—Upon the completion of each
census, the allocation of seats in the House of the People to the States and the
division of each State into territorial constituencies shall be readjusted by su
@ -466,6 +480,18 @@ ch
authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in the
House of the People until the dissolution of the then existing House:
Provided further that such readjustment shall take effect from such date
as the President may, by order, specify and until such readjustment takes effect
,
any election to the House may be held on the basis of the territorial
constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken
after the year 2000 have been published, it shall not be necessary to readjust t
he allocation of seats in the House of the People to
the States and the division of each State into territorial constituencies under
this
article.
83. Duration of Houses of Parliament.—(1) The Council of States
shall not be subject to dissolution, but as nearly as possible one-third of the
@ -473,9 +499,8 @@ members thereof shall retire as soon as may be on the expiration of every
second year in accordance with the provisions made in that behalf by
Parliament by law.
(2) The House of the People, unless sooner dissolved, shall continue for
five years from the date appointed for its first meeting and no longer and the
expiration of the said period of five years shall operate as a dissolution of th
e
six years from the date appointed for its first meeting and no longer and the
expiration of the said period of six years shall operate as a dissolution of the
House:
35
@ -684,14 +709,6 @@ any vacancy in the membership thereof, and any proceedings in Parliament shall
be valid notwithstanding that it is discovered subsequently that some person who
was not entitled so to do sat or voted or otherwise took part in the proceedings
.
(3) Until Parliament by law otherwise provides, the
quorum to constitute a meeting of either House of Parlia-
ment shall be one-tenth of the total number of members of
the House.
(4) If at any time during a meeting of a House there
is no quorum, it shall be the duty of the Chairman or
Speaker, or person acting as such, either to adjourn the
House or to suspend the meeting until there is a quorum.
40
@ -730,10 +747,9 @@ more than four consecutive days.
102. Disqualifications for membership.— (1) A person shall be
disqualified for being chosen as, and for being, a member of either House of
Parliament—
(a) if he holds any office of profit under the Government of
India or the Government of any State, other than an office
declared by Parliament by law not to
disqualify its holder;
(a) if he holds any such office of profit under the Government of
India or the Government of any State as is declared by Parliament by
law to disqualify its holder;
41
@ -751,17 +767,27 @@ deemed to hold an office of profit under the Government of India or the
Government of any State by reason only that he is a Minister either for the
Union or for such State.
103.
(1) If any question arises as to whether a member
of either House of Parliament has become subject to any of the disqualifications
mentioned in clause (1) of article 102, the
question shall be referred for the decision of the President
and his decision shall be final.
103. Decision on questions as to disqualification.-(1) If
any question arises-
(2) Before giving any decision on any such question,
the President shall obtain the opinion of the Election Com-
mission and shall act according to such opinion.
(a) as to whether a member of either House of Parliament has become
subject to any of the disqualifications mentioned in clause (1) of
article 102, or
(b) as to whether a person, found guilty of a corrupt practice at an
election to a House of Parliament under any law made by Parliament,
shall be disqualified for being chosen as, and for being, a member of
either House of Parliament, or of a House of the Legislature of a
State, or as to the period for which he shall be so disqualified, or
as to the removal of, or the reduction of the period of, such
disqualification,
the question shall be referred for the decision of the President and
his decision shall be final.
(2) Before giving any decision on any such question, the President
shall consult the Election Commission and the Election Commission may,
for this purpose, make such inquiry as it thinks fit.".
104. Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified.—If a person
@ -788,14 +814,12 @@ thereof, and no person shall be so liable in respect of the publication by or un
der the
authority of either House of Parliament of any report, paper, votes or proceedin
gs.
(3) In other respects, the powers, privileges and
immunities of each House of Parliament, and of the
members and the committees of each House, shall be such
as may from time to time be defined by Parliament by law,
and, until so defined, shall be those of the House of
Commons of the Parliament of the United Kingdom, and
of its members and committees, at the commencement of
this Constitution.
(3) In other respects, the powers, privileges and immunities of each
House of Parliament, and of the members and the committees of each
House, shall be those of that House, and of its members and
committees, at the commencement of section 21 of the Constitution
(Forty-second Amendment) Act, 1976, and as may be evolved by such
House of Parliament from time to time.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to
persons who by virtue of this Constitution have the right to speak in, and
otherwise to take part in the proceedings of, a House of Parliament or any
@ -1111,6 +1135,7 @@ Procedure Generally
118. Rules of procedure.— (1) Each House of Parliament may make
rules for regulating, subject to the provisions of this Constitution, its proced
ure
(including the quorum to constitute a meeting of the House)
and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and
standing orders in force immediately before the commencement of this
@ -1349,6 +1374,55 @@ commencement, or which provides that the said jurisdiction shall not extend to
such a dispute.
131A. Exclusive jurisdiction of the Supreme Court in regard to
questions as to Constitutional validity of Central laws.- (1)
Notwithstanding anything contained in any other provision of this
Constitution, the Supreme Court shall, to the exclusion of any other
court, have jurisdiction to determine all questions relating to the
constitutional validity of any Central law.
(2) Where a High Court is satisfied-
(a) that a case pending before it or before a court subordinate to it
involves questions as to the constitutional validity of any Central
law or, as the case may be, of both Central and State laws; and
(b) that the determination of such questions is necessary for the
disposal of the case,
the High Court shall refer the questions for the decision of the
Supreme Court.
(3) Without prejudice to the provisions of clause (2), where, on an
application made by the Attorney-General of India, the Supreme Court
is satisfied,-
(a) that a case pending before a High Court or before a court
subordinate to a High Court involves questions as to the
constitutional validity of any Central law or, as the case may be, of
both Central and State laws; and
(b) that the determination of such questions is necessary for the
disposal of the case,
the Supreme Court may require the High Court to refer the questions to
it for its decision.
(4) When a reference is made under clause (2) or clause (3), the High
Court shall stay all proceedings in respect of the case until the
Supreme Court decides the questions so referred.
(5) The Supreme Court shall, after giving the parties an opportunity
of being heard, decide the questions so referred, and may---
(a) either dispose of the case itself; or
(b) return the case to the High Court together with a copy of its
judgment on such questions for disposal of the case in conformity with
such judgment by the High Court or, as the case may be, the court
subordinate to it.
132. Appellate jurisdiction of Supreme Court in appeals from High
Courts in certain cases.— (1) An appeal shall lie to the Supreme Court from
any judgment, decree or final order of a High Court in the territory of India,
@ -1453,6 +1527,19 @@ purposes other than those mentioned in clause (2) of article 32.
THE CONSTITUTION OF INDIA
139A. Transfer of certain cases.-(1) If, on an application made by
the Attorney-General of India, the Supreme Court is satisfied that
cases involving the same or substantially the same questions of law
are pending before it and one or more High Courts or before two or
more High Courts and that such questions are substantial questions of
general importance, the Supreme Court may withdraw the case or cases
pending before the High Court or the High Courts and dispose of all
the cases itself.
(2) The Supreme Court may, if it deems it expedient so to do for the
ends of justice, transfer any case, appeal or other proceedings
pending before any High Court to any other High Court.".
140. Ancillary powers of Supreme Court.—Parliament may by law
make provision for conferring upon the Supreme Court such supplemental
@ -1499,6 +1586,17 @@ Court.—All authorities, civil and judicial, in the territory of India shall ac
t in
aid of the Supreme Court.
144A. Special provisions as to disposal of questions relating to
constitutional validity of laws.-(1) The minimum number of Judges of
the Supreme Court who shall sit for the purpose of determining any
question as to the constitutional validity of any Central law or State
law shall be seven.
(2) A Central law or a State law shall not be declared to be
constitutionally invalid by the Supreme Court unless a majority of not
less than two-thirds of the Judges sitting for the purpose of
determining the question as to the constitutional validity of such law
hold it to be constitutionally invalid.
145. Rules of Court, etc.—(1) Subject to the provisions of any law
made by Parliament, the Supreme Court may from time to time, with the
@ -1510,6 +1608,7 @@ pertaining to appeals including the time within which appeals to the
Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of any
of the rights conferred by Part III;
(cc) rules as to the proceedings in the Court under articles 131A and 139A;
(d) rules as to the entertainment of appeals under sub-clause (c) of
clause (1) of article 134;
@ -1530,10 +1629,12 @@ which appears to the Court to be frivolous or vexatious or brought for the
purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause
(1) of article 317.
(2) Subject to the provisions of clause (3), rules made under this article
(2) Subject to the provisions of article 144A and of clause (3), rules made unde
r this article
may fix the minimum number of Judges who are to sit for any purpose, and
may provide for the powers of single Judges and Division Courts.
(3) The minimum number of Judges who are to sit for the purpose of
(3) Subject to the provisions of article 144A, the minimum number of Judges who
are to sit for the purpose of
deciding any case involving a substantial question of law as to the
interpretation of this Constitution or for the purpose of hearing any reference
under article 143 shall be five:
@ -1630,11 +1731,10 @@ duties and exercise such powers in relation to the accounts of the Union and of
the States as were conferred on or exercisable by the Auditor-General of India
immediately before the commencement of this Constitution in relation to the
accounts of the Dominion of India and of the Provinces respectively.
150. Power of Comptroller and Auditor-General to give directions as to accounts-
The accounts of the Union and of the States
shall be kept in such form as the Comptroller and Auditor-General of India may,
with the approval of the President, prescribe.
150. Form of accounts of the Union and of the States.—The accounts
of the Union and of the States shall be kept in such form as the President may,
after consultation with the Comptroller and Auditor-General of India, prescribe
.
151. Audit reports.—(1) The reports of the Comptroller and AuditorGeneral of I
ndia relating to the accounts of the Union shall be submitted to the
President, who shall cause them to be laid before each House of Parliament.

241
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@ -167,7 +167,9 @@ the business of the Government of the State, and for the allocation among
Ministers of the said business in so far as it is not business with respect to w
hich
the Governor is by or under this Constitution required to act in his discretion.
(4) No court or other authority shall be entitled to require the
production of any rules made under clause (3) for the more convenient
transaction of the business of the Government of the State.
167. Duties of Chief Minister as respects the furnishing of
information to Governor, etc.—It shall be the duty of the Chief Minister of
@ -231,9 +233,9 @@ THE CONSTITUTION OF INDIA
territorial constituencies in such manner that the ratio between the population
of each constituency and the number of seats allotted to it shall, so far as
practicable, be the same throughout the State.
Explanation.-In this clause, the expression "population" means the population as
ascertained at the
last preceding census of which the relevant figures have been published.
Explanation.—In this clause, the expression “population” means the
population as ascertained at the last preceding census of which the relevant
figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 2000 have been
@ -245,7 +247,17 @@ constituencies shall be readjusted by such authority and in such manner as
Parliament may by law determine:
Provided that such readjustment shall not affect representation in the
Legislative Assembly until the dissolution of the then existing Assembly:
Provided further that such readjustment shall take effect from such date
as the President may, by order, specify and until such readjustment takes effect
,
any election to the Legislative Assembly may be held on the basis of the
territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken
after the year 2000 have been published, it shall not be necessary to readjust
the total number of seats in the Legislative Assembly
of each State and the division of such State into territorial constituencies und
er this
clause.
171. Composition of the Legislative Councils.—(1) The total number
of members in the Legislative Council of a State having such a Council shall
@ -298,10 +310,10 @@ Literature, science, art, co-operative movement and social service.
THE CONSTITUTION OF INDIA
172. Duration of State Legislatures.—(1) Every Legislative Assembly
of every State, unless sooner dissolved, shall continue for five years from the
of every State, unless sooner dissolved, shall continue for six years from the
date appointed for its first meeting and no longer and the expiration of the sai
d
period of five years shall operate as a dissolution of the Assembly:
period of six years shall operate as a dissolution of the Assembly:
Provided that the said period may, while a Proclamation of Emergency is
in operation, be extended by Parliament by law for a period not exceeding one
year at a time and not extending in any case beyond a period of six months after
@ -523,16 +535,6 @@ in the Legislature of a State shall be valid notwithstanding that it is discover
ed
subsequently that some person who was not entitled so to do sat or voted or
otherwise took part in the proceedings.
(3) Until the Legislature of the State by law otherwise
provides, the quorum to constitute a meeting of a House of
the Legislature of a State shall be ten members or one-tenth
of the total number of members of the House, whichever is
greater.
(4) If at any time during a meeting of the Legislative
Assembly or Legislative Council of a State there is no
quorum, it shall be the duty of the Speaker or Chairman,
or person acting as such, either to adjourn the House or to
suspend the meeting until there is a quorum.
190. Vacation of seats.—(1) No person shall be a member of both
Houses of the Legislature of a State and provision shall be made by the
@ -570,10 +572,9 @@ more than four consecutive days.
191. Disqualifications for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of the Legislative
Assembly or Legislative Council of a State—
(a) if he holds any office of profit under the Government of
India or the Government of any State specified in the First Schedule,
other than an office declared by the Legislature of the State by law
not to disqualify its holder;
(a) if he holds any such office of profit under the Government of
India or the Government of any State specified in the First Schedule
as is declared by Parliament by law to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if he is an undischarged insolvent;
@ -586,16 +587,28 @@ deemed to hold an office of profit under the Government of India or the
Government of any State specified in the First Schedule by reason only that he
is a Minister either for the Union or for such State.
192. (1) If any question arises as to whether a
member of a House of the Legislature of
a State has become subject to any of the
disqualifications mentioned in clause (i)
of article 191, the question shall be referred for the decision
of the Governor and his decision shall be final.
192. Decision on questions as to disqualification.-(1) If any
question arises-
(a) as to whether a member of a House of the Legislature of a State
has become subject to any of the disqualifications mentioned in clause
(1) of article 191, or
(b) as to whether a person, found guilty of a corrupt practice at an
election to a House of the Legislature of a State under any law made
by Parliament, shall be disqualified for being chosen as, and for
being a member of either House of Parliament or of a House of the
Legislature of a State, or as to the period for which he shall be so
disqualified, or as to the removal of, or the reduction of the period
of, such disqualification,
the question shall be referred for the decision of the President and
his decision shall be final.
(2) Before giving any decision on any such question, the President
shall consult the Election Commission and the Election Commission may,
for this purpose, make such inquiry as it thinks fit.".
(2) Before giving any decision on any such question,
the Governor shall obtain the opinion of the Election Com-
mission and shall act according to such opinion.
78
THE CONSTITUTION OF INDIA
@ -622,16 +635,17 @@ proceedings in any court in respect of anything said or any vote given by him in
the Legislature or any committee thereof, and no person shall be so liable in
respect of the publication by or under the authority of a House of such a
Legislature of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and
immunities of a House of the Legislature of a State, and of
the members and the committees of a House of such Legis-
lature, shall be such as may from time to time be defined by
the Legislature by law, and, until so defined, shall be those
of the House of Commons of the Parliament of the United
Kingdom, and of its members and committees, at the com-
mencement of this Constitution,
(3) In other respects, the powers, privileges and immunities of a
House of the Legislature of a State, and of the members and the
committees of a House of such Legislature, shall be those of that
House, and of its members and Committees, at the commencement of
section 34 of THE CONSTITUTION (Forty-second Amendment) Act, 1976, and
as may be evolved by such House of the Legislature of a State, so far
as may be, in accordance with those of the House of the People, and of
its members and committees where such House is the Legislative
Assembly and in accordance with those of the Council of States, and of
its members and committees where such House is the Legislative
Council.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to
persons who by virtue of this Constitution have the right to speak in, and
otherwise to take part in the proceedings of, a House of the Legislature of a St
@ -960,7 +974,8 @@ Procedure Generally
208. Rules of procedure.—(1) A House of the Legislature of a State
may make rules for regulating, subject to the provisions of this Constitution, i
ts
procedure and the conduct of its business.
procedure(including the quorum to constitute a meeting of the House)
and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and
standing orders in force immediately before the commencement of this
Constitution with respect to the Legislature for the corresponding Province shal
@ -1134,7 +1149,9 @@ Court unless he is a citizen of India and—
(a) has for at least ten years held a judicial office in the territory of
India; or
(b) has for at least ten years been an advocate of a High Court or of
two or more such Courts in succession; 90
two or more such Courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
90
THE CONSTITUTION OF INDIA
@ -1142,7 +1159,9 @@ Explanation.—For the purposes of this clause—
(a) in computing the period during which a person has been an
advocate of a High Court, there shall be included any period during
which the person has held judicial office after he became an advocate;
which the person has held judicial office or the office of a member of a
tribunal or any post, under the Union or a State, requiring special
knowledge of law after he became an advocate;
(b) in computing the period during which a person has held judicial
office in the territory of India or been an advocate of a High Court, there
shall be included any period before the commencement of this
@ -1241,49 +1260,83 @@ administration of justice in the Court, including any power to make rules of
Court and to regulate the sittings of the Court and of members thereof sitting
alone or in Division Courts, shall be the same as immediately before the
commencement of this Constitution:
Provided that any restriction to which the exercise of
original jurisdiction by any of the High Courts with respect
to any matter concerning the revenue or concerning any
act ordered or done in the collection thereof was subject
immediately before the commencement of this Con-
stitution shall no longer apply to the exercise of such juris-
diction.
93
THE CONSTITUTION OF INDIA
226.(1) Notwithstanding anything in article 32,
every High Court shall have power,
throughout the territories. in relation to
which it exercises jurisdiction, to issue to
any person or authority, including in appropriate cases any
Government, within those territories, directions, orders or
writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, or any
of them, for the enforcement of any of the rights conferred
by Part III and for any other purpose.
(1A) The power conferred by clause (1) to issue directions, orders or
writs to any Government, authority or person may also be exercised by
any High Court exercising jurisdiction in relation to the territories
within which the cause of action, wholly or in part, arises for the
exercise of such power, notwithstanding that the seat of such
Government or authority or the residence of such person is not within
those territories.
(2) The power conferred on a High Court by clause (1) or clause (1A)
shall not be in derogation of the power conferred on the
Supreme Court by clause (2) of article 32.
226. Power of High Courts to issue certain writs.—(1)
Notwithstanding anything in article 32,but subject to the
provisions of article 131A and article 226A, every High Court shall have power,
throughout the territories in relation to which it exercises jurisdiction, to is
sue
to any person or authority, including in appropriate cases, any Government,
within those territories directions, orders or writs, including writs in
the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, or any of them" and ending with the words "such illegality
has resulted in substantial failure of justice.
(2) The power conferred by clause (1) to issue directions, orders or writs
to any Government, authority or person may also be exercised by any High
Court exercising jurisdiction in relation to the territories within which the ca
use
of action, wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such Government or authority or the residence
of such person is not within those territories.
(3) No petition for the redress of any injury referred to in
sub-clause (b) or sub-clause (c) of clause (1) shall be entertained if
any other remedy for such redress is provided for by or under any
other law for the time being in force.
(4) No interim order (whether by way of injunction or stay or in any
other manner) shall be made on, or in any proceedings relating to, a
petition under clause (1) unless-
(a) copies of such petition and of all documents in support of the
plea for such interim order are furnished to the party against whom
such petition is filed or proposed to be filed; and
(b) opportunity is given to such party to be heard in the matter.
(5) The High Court may dispense with the requirements of sub-clauses
(a) and (b) of clause (4) and make an interim order as an exceptional
measure if it is satisfied for reasons to be record in writing that it
is necessary so to do for preventing any loss being caused to the
petitioner which cannot be adequately compensated in money but any
such interim order shall, if it is not vacated earlier, cease to have
effect on the expiry of a period of fourteen days from the date on
which it is made unless the said requirements have been complied with
before the expiry of that period and the High Court has continued the
operation of the interim order.
(6) Notwithstanding anything in clause (4) or clause (5), no interim
order (whether by way of injunction or stay or in any other manner)
shall be made on, or in any proceedings relating to, a petition under
clause (1) where such order will have the effect of delaying any
inquiry into a matter of public importance or any investigation or
inquiry into an offence punishable with imprisonment or any action for
the execution of any work or project of public utility, or the
acquisition of any property for such execution, by the Government or
any corporation owned or controlled by the Government.
(7) The power conferred on a High Court by this article shall not be in
derogation of the power conferred on the Supreme Court by clause (2) of article
32.
94
THE CONSTITUTION OF INDIA
226A. Constitutional validity of Central laws not to be considered
in proceedings under article 226.-Notwithstanding anything in article
226, the High Court shall not consider the constitutional validity of
any Central law in any proceedings under that article.
227. Power of superintendence over all courts by the High Court.—
(1) Every High Court shall have superintendence
over all courts and tribunals throughout
Power of superintend the territories in relation to which it
exercises jurisdiction.
(1) Every High Court shall have superintendence over all courts
subject to its appellate jurisdiction.
(2) Without prejudice to the generality of the foregoing provision, the
High Court may—
(a) call for returns from such courts;
@ -1302,6 +1355,9 @@ Governor.
(4) Nothing in this article shall be deemed to confer on a High Court
powers of superintendence over any court or tribunal constituted by or under
any law relating to the Armed Forces.
(5) Nothing in this article shall be construed as giving to a High
Court any jurisdiction to question any judgment of any inferior court
which is not otherwise subject to appeal or revision.
228. Transfer of certain cases to High Court.—If the High Court is
satisfied that a case pending in a court subordinate to it involves a substantia
@ -1309,7 +1365,9 @@ l
question of law as to the interpretation of this Constitution the determination
of
which is necessary for the disposal of the case, it shall withdraw the case and,
may—
subject to the provisions of article 131A,
may—
(a) either dispose of the case itself, or
(b) determine the said question of law and return the case to the
court from which the case has been so withdrawn together with a copy of
@ -1321,6 +1379,39 @@ proceed to dispose of the case in conformity with such judgment.
THE CONSTITUTION OF INDIA
228A. Special provisions as to disposal of questions relating to
constitutional validity of State laws.-(1) No High Court shall have
jurisdiction to declare any Central law to be constitutionally
invalid.
(2) Subject to the provisions of article 131A, the High Court
may determine all questions relating to the constitutional validity of
any State law.
(3) The minimum number of Judges who shall sit for the purpose of
determining any question as to the constitutional validity of any
State law shall be five:
Provided that where the High Court consists of less than five Judges,
all the Judges of the High Court may sit and determine such question.
(4) A State law shall not be declared to be constitutionally invalid
by the High Court unless-
(a) where the High Court consists of five Judges or more, not less
than two-thirds of the Judges sitting for the purpose of determining
the validity of such law, hold it to be constitutionally invalid; and
(b) where the High Court consists of less than five Judges, all the
Judges of the High Court sitting for the purpose hold it to be
constitutionally invalid.
(5) The provisions of this article shall have effect notwithstanding
anything contained in this Part.
Explanation.---In computing the number of Judges of a High Court for
the purposes of this article, a Judge who is disqualified by reason of
personal or pecuniary bias shall be excluded.
229. Officers and servants and the expenses of High Courts.—(1)
Appointments of officers and servants of a High Court shall be made by the

5
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@ -2,7 +2,7 @@ THE CONSTITUTION OF INDIA
P REAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a SOVEREIGN DEMOCRATIC REPUBLIC and
into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and
to secure to all its citizens:
JUSTICE, social, economic and political;
@ -13,7 +13,8 @@ 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;
FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO

54
SCHEDULE7.txt
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@ -5,7 +5,12 @@ List I—Union List
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.
2A. Deployment of any armed force of the Union or any other force
subject to the control of the Union or any contingent or unit thereof in any Sta
te
in aid of the civil power; powers, jurisdiction, privileges and liabilities of t
he
members of such forces while on such deployment.
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
@ -249,11 +254,12 @@ taken in any court.
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
or any other armed force of the Union or of any other force subject to the
control of the Union or of any contingent or unit thereof in aid of the civil
power).
2. Police (including railway and village police) subject to the provisions of
entry 2A of List I.
3. 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
@ -274,9 +280,11 @@ or village administration.
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.
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12. Libraries, museums and other similar institutions controlled or
financed by the State; ancient and historical monuments and records other than
those declared by or under law made by Parliament to be of national
@ -298,9 +306,11 @@ entry 56 of List I.
relation of landlord and tenant, and the collection of rents; transfer and
alienation of agricultural land; land improvement and agricultural loans;
colonization.
19. Forests.
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20. Protection of wild animals and birds.
272
THE CONSTITUTION OF INDIA
@ -318,8 +328,11 @@ control of the Union.
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.
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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
@ -378,7 +391,7 @@ sale therein.
54. Taxes on the sale or purchase of goods other than newspapers, subject
to the provisions of entry 92A of List I.
55. Taxes on advertisements other than advertisements published in the
newspapers.
newspapers and advertisements broadcast by radio or television.
56. Taxes on goods and passengers carried by road or on inland
waterways.
@ -437,7 +450,8 @@ agricultural land.
9. Bankruptcy and insolvency.
10. Trust and Trustees.
11. Administrators-general and official trustees.
11A. Administration of Justice; constitution and organisation of all courts,
except the Supreme Court and the High Courts.
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
@ -447,11 +461,13 @@ Procedure at the commencement of this Constitution, limitation and arbitration.
16. Lunacy and mental deficiency, including places for the reception or
treatment of lunatics and mental deficients.
17. Prevention of cruelty to animals.
17A. Forests.
17B. Protection of wild animals and birds.
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.
20A. Population control and family planning.
21. Commercial and industrial monopolies, combines and trusts.
276
@ -463,7 +479,9 @@ THE CONSTITUTION OF INDIA
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.
25. Education, including technical education, medical education and
universities, subject to the provisions of entries 63, 64, 65 and 66 of List I;
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.
@ -492,7 +510,7 @@ public interest, and imported goods of the same kind as such products;
THE CONSTITUTION OF INDIA
33A. Weights and measures except establishment of standards.
34. Price control.
35. Mechanically propelled vehicles including the principles on which
taxes on such vehicles are to be levied.