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AMENDMENT_44_06091979

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Abhay Rana 2015-04-23 13:00:04 +05:30
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24
PART11.txt
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@ -198,27 +198,9 @@ agreed, or, in default of agreement, as may be determined by an arbitrator
appointed by the Chief Justice of India, in respect of the extra costs so incurr
ed
by the State.
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.
257A. [Assistance to States by deployment of armed forces or other
forces of the Union.] Rep. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 33 (w.e.f. 20-6-1979).
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

3
PART12.txt
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@ -628,5 +628,8 @@ 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.
CHAPTER IV.—RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of
law.— No person shall be deprived of his property save by authority of law.

63
PART15.txt
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@ -87,8 +87,7 @@ constitution of such House or Houses.
THE CONSTITUTION OF INDIA
329. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution but
subject to the provisions of article 329A—
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
@ -98,62 +97,8 @@ 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.
329A. [Special provision as to elections to Parliament in the case of
Prime Minister and Speaker.] Rep. by the Constitution (Forty-fourth
Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
329A. Special provision as to elections to Parliament in the case of
Prime Minister and Speaker.-(1) Subject to the provisions of Chapter
II of Part V [except sub-clause (e) of clause (1) of article 102], no
election-
(a) to either House of Parliament of a person who holds the office of
Prime Minister at the time of such election or is appointed as Prime
Minister after such election;
(b) to the House of the People of a person who holds the office of
Speaker of that House at the time of such election or who is chosen
as the Speaker for that House after such election,
shall be called in question, except before such authority [not being
any such authority as is referred to in clause (b) of article 329] or
body and in such manner as may be provided for by or under any law
made by Parliament and any such law may provide for all other matters
relating to doubts and disputes in relation to such election including
the grounds on which such election may be questioned.
(2) The validity of any such law as is referred to in clause (1) and
the decision of any authority or body under such law shall not be
called in question in any court.
(3) Where any person is appointed as Prime Minister or, as the case
may be, chosen to the office of the Speaker of the House of the
People, while an election petition referred to in clause (b) of
article 329 in respect of his election to either House of Parliament
or, as the case may be, to the House of the People is pending, such
election petition shall abate upon such person being appointed as
Prime Minister or, as the case may be, being chosen to the office of
the Speaker of the House of the People, but such election may be
called in question under any such law as is referred to in clause (1).
(4) No law made by Parliament before the commencement of the
Constitution (Thirty-ninth Amendment) Act, 1975, in so far as it
relates to election petitions and matters connected therewith, shall
apply or shall be deemed ever to have applied to or in relation to the
election to any such person as is referred to in clause (1) to either
House of Parliament and such election shall not be deemed to be void
or ever to have become void on any ground on which such elction could
be declared to be void or has, before such commencement, been declared
to be void under any such law and notwithstanding any order made by
any court, before such commencement, declaring such elction to be
void, such election shall continue to be valid in all respects and any
such order and any finding on which such order is based shall be and
shall be deemed always to have been void and of no effect.
(5) Any appeal or cross appeal against any such order of any court as
is referred to in clause (4) pending immediately before the
commencement of the Constitution (Thirty-ninth Amendment) Act, 1975,
before the Supreme Court shall be disposed of in conformity with the
provisions of clause (4).
(6) The provisions of this article shall have effect notwithstanding
anything contained in this Constitution.

223
PART18.txt
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@ -2,65 +2,100 @@ 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 in respect
territory thereof is threatened, whether by war or external aggression or armed
rebellion, 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 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
period it has been approved by resolutions of
both Houses of Parliament :
Explanation.—A Proclamation of Emergency declaring that the security
of India or any part of the territory thereof is threatened by war or by externa
l
aggression or by armed rebellion may be made before the actual occurrence of
war or of any such aggression or rebellion, if the President is satisfied that t
here
is imminent danger thereof.
(2) A Proclamation issued under clause (1) may be varied or revoked by
a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or a
Proclamation varying such Proclamation unless the decision of the Union
Cabinet (that is to say, the Council consisting of the Prime Minister and other
Ministers of Cabinet rank appointed under article 75) that such a Proclamation
may be issued has been communicated to him in writing.
(4) Every Proclamation issued 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 one month unless
before the expiration of that period it has been approved by resolutions of both
Houses of Parliament:
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 has been dissolved, or the dissolution of the House of the People takes
place during the period of one month 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 t
he
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.
179
180
THE CONSTITUTION OF INDIA
(5) 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 (4):
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 si
x
months from the date on which it would otherwise have ceased to operate under
this clause:
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.
(6) For the purposes of clauses (4) and (5), a resolution may be passed
by either House of Parliament only 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.
(7) Notwithstanding anything contained in the foregoing clauses, the
President shall revoke a Proclamation issued under clause (1) or a Proclamation
varying such Proclamation if the House of the People passes a resolution
disapproving, or, as the case may be, disapproving the continuance in force of,
such Proclamation.
(8) Where a notice in writing signed by not less than one-tenth of the
total number of members of the House of the People has been given, of their
intention to move a resolution for disapproving, or, as the case may be, for
disapproving the continuance in force of, a Proclamation issued under clause
(1) or a Proclamation varying such Proclamation,—
(a) to the Speaker, if the House is in session; or
(b) to the President, if the House is not in session,
a special sitting of the House shall be held within fourteen days from the date
on which
such notice is received by the Speaker, or, as the case may be, by the President
, for the
purpose of considering such resolution.
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.
(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
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
(4) The power conferred on the President by this article shall include the
(9) The power conferred on the President by this article shall include the
power to issue different Proclamations on different grounds, being war or
external aggression or internal disturbance or imminent danger of war or externa
l
aggression or internal disturbance, whether or not there is a Proclamation alrea
dy
external aggression or armed rebellion or imminent danger of war or external
aggression or armed rebellion, whether or not there is a Proclamation already
issued by the President under clause (1) and such Proclamation is in operation.
(5) Notwithstanding anything in this Constitution,-
(a) the satisfaction of the President mentioned in clause (1) and
clause (3) shall be final and conclusive and shall not be questioned
in any court on any ground;
(b) subject to the provisions of clause (2), neither the Supreme Court
nor any other court shall have jurisdiction to entertain any question,
on any ground, regarding the validity of-
(i) a declaration made by Proclamation by the President to the effect
stated in clause (1); or
(ii) the continued operation of such Proclamation.
353. Effect of Proclamation of Emergency.—While a Proclamation
of Emergency is in operation, then—
(a) notwithstanding anything in this Constitution, the executive
@ -152,17 +187,16 @@ 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 one year from the date of the
passing of the second of the resolutions approving the Proclamation
under clause (3):
on the expiration of a period of six months from the date of issue of the
Proclamation:
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
one year from the date on which under this clause it would otherwise have
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 one year and a resolution approving the
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
@ -172,9 +206,25 @@ 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:
(5) Notwithstanding anything in this Constitution, the satisfaction
of the President mentioned in clause (1) shall be final and conclusive
and shall not be questioned in any court on any ground.
(5) Notwithstanding anything contained in clause (4), a resolution with
respect to the continuance in force of a Proclamation approved under clause (3)
for any period beyond the expiration of one year from the date of issue of such
Proclamation shall not be passed by either House of Parliament unless—
(a) a Proclamation of Emergency is in operation, in the whole of
India or, as the case may be, in the whole or any part of the State, at the
time of the passing of such resolution, and
184
THE CONSTITUTION OF INDIA
(b) the Election Commission certifies that the continuance in force
of the Proclamation approved under clause (3) during the period
specified in such resolution is necessary on account of difficulties in
holding general elections to the Legislative Assembly of the State
concerned:
357. Exercise of legislative powers under Proclamation issued under
article 356.— (1) Where by a Proclamation issued under clause (1) of article
@ -207,8 +257,10 @@ altered or repealed or amended by a competent Legislature or other authority.
THE CONSTITUTION OF INDIA
358. Suspension of provisions of article 19 during emergencies.—
While a Proclamation of Emergency is in
358. Suspension of provisions of article 19 during emergencies.— (1)
While 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 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
@ -216,7 +268,7 @@ 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
Provided that where such 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
@ -225,11 +277,17 @@ 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) Nothing in clause (1) shall apply—
(a) to any law which does not contain a recital to the effect that
such law is in relation to the Proclamation of Emergency in operation
when it is made; or
(b) to any executive action taken otherwise than under a law
containing such a recital.
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
for the enforcement of such of the rights conferred by Part III (except articles
20 and 21) 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.
@ -239,7 +297,8 @@ shorter period as may be specified in the order.
THE CONSTITUTION OF INDIA
(1A) While an order made under clause (1) mentioning any of the rights
conferred by Part III is in operation, nothing in that
conferred by Part III (except articles 20 and 21) is in operation, nothing in th
at
Part conferring those rights shall restrict the power of the State as defined in
the
said Part to make any law or to take any executive action which the State would
@ -258,7 +317,12 @@ 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.
(1B) Nothing in clause (1A) shall apply—
(a) to any law which does not contain a recital to the effect that
such law is in relation to the Proclamation of Emergency in operation
when it is made; or
(b) to any executive action taken otherwise than under a law
containing such a recital.
(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
@ -282,10 +346,23 @@ 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.
(2) A Proclamation issued under clause (1)—
(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 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 to in 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 t
he
Proclamation has been also passed by the House of the People.
(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
@ -311,15 +388,5 @@ 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.
(5) Notwithstanding anything in this Constitution,-
(a) the satisfaction of the President mentioned in clause (1) shall be
final and conclusive and shall not be questioned in any court on any
ground;
(b) subject to the provisions of clause (2), neither the Supreme Court
nor any other court shall have jurisdiction to entertain any question,
on any ground, regarding the validity of-
(i) a declaration made by Proclamation by the President to the effect
stated in clause (1); or
(ii) the continued operation of such Proclamation.

24
PART19.txt
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@ -26,6 +26,30 @@ writing has been delivered to the President or the Governor, as 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.
361A. Protection of publication of proceedings of Parliament and
State Legislatures.—(1) No person shall be liable to any proceedings, civil or
criminal, in any court in respect of the publication in a newspaper of a
substantially true report of any proceedings of either House of Parliament or th
e
Legislative Assembly, or, as the case may be, either House of the Legislature,
of a State, unless the publication is proved to have been made with malice:
189
190
THE CONSTITUTION OF INDIA
Provided that nothing in this clause shall apply to the publication of any
report of the proceedings of a secret sitting of either House of Parliament or t
he
Legislative Assembly, or, as the case may be, either House of the Legislature,
of a State.
(2) Clause (1) shall apply in relation to reports or matters broadcast by
means of wireless telegraphy as part of any programme or service provided by
means of a broadcasting station as it applies in relation to reports or matters
published in a newspaper.
Explanation.—In this article, “newspaper” includes a news agency report
containing material for publication in a newspaper.
362. [Rights and privileges of Rulers of Indian States.] Rep. by the
Constitution (Twenty-sixth Amendment) Act, 1971, s. 2.

4
PART21.txt
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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 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
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
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

142
PART3.txt
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@ -104,8 +104,12 @@ Right to Freedom
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
(e) to reside and settle in any part of the territory of India; 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
@ -126,7 +130,7 @@ of any existing law in so far as it imposes, or prevent the State from making
any law imposing, in the interests of the sovereignty and integrity of India or
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
(5) Nothing in sub-clauses (d) and (e) 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
@ -190,7 +194,6 @@ 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,
@ -202,7 +205,6 @@ 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
@ -308,120 +310,22 @@ choice.
THE CONSTITUTION OF INDIA
(1A) In making any law providing for the compulsory acquisition of any
property of an educational institution established and administered by a
minority, referred to in clause (1), the State shall ensure that the amount fixe
d
by or determined under such law for the acquisition of such property is such as
would not restrict or abrogate the right guaranteed under that clause.
(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 shall be compulsorily acquired or requisitioned save
for a public purpose and save by authority of a law which provides for
acquisition or requisitioning of the property for an amount which may
be fixed by such law or which may be determined in accordance with
such principles and given in such manner as may be specified in such
law; and no such law shall be called in question in any court on the
ground that the amount so fixed or determined is not adequate or that
the whole or any part of such amount is to be given otherwise than in
cash:
Provided that in making any law providing for the compulsory
acquisition of any property of an educational institution established
and administered by a minority, referred to in clause (1) of article
30, the State shall ensure that the amount fixed by or determined
under such law for the acquisition of such property is such as would
not restrict or abrogate the right guaranteed under that clause.";
(2A) Where a law does not provide for the transfer of the ownership or right
to possession of any property to the State or to a corporation owned or
controlled by the State, it shall not be deemed to provide for the
compulsory acquisition or requisitioning of property, notwithstanding
that it deprives any person of his property.".
(2B) Nothing in sub-clause (f) of clause (1) of article 19 shall
affect any such law as is referred to in clause (2).".
(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.
*
*
*
*
31. [Compulsory acquisition of property.] Rep. by the Constitution
(Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).
Saving of Certain Laws
31A. Saving of laws providing for acquisition of estates, etc.—
(1) Notwithstanding anything contained in article 13, no law providing for—
(a) the acquisition by the State of any estate or of any rights therein
@ -441,8 +345,7 @@ virtue of any agreement, lease or licence for the purpose of searching for,
or winning, any mineral or mineral oil, or the premature termination or
cancellation of any such agreement, lease or licence,
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 articl
e 31:
away or abridges any of the rights conferred by article 14 or article 19:
Provided that where such law is a law 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:
@ -496,8 +399,7 @@ policy of the State towards securing 1 [all or any of the principles laid down i
n
Part IV] 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;
takes away or abridges any of the rights conferred by article 14 or article 19;
2
and no law containing a declaration that it is for giving effect to such policy
shall be called in question in any court on the ground that it does not give eff

8
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@ -7,14 +7,16 @@ 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
people.—(1) 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.
(2) The State shall, in particular, strive to minimise the inequalities in
income, and endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of people
residing in different areas or engaged in different vocations.
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

252
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@ -259,34 +259,21 @@ THE CONSTITUTION OF INDIA
70. Discharge of President's functions in other contingencies.—
Parliament may make such provisions as it thinks fit for the discharge of the
functions of the President in any contingency not provided for in this Chapter.
71. Matters relating to or connected with the election of a
President or Vice-President.-(1) Subject of the provisions of this
Constitution, Parliament may by law regulate any matter relating to or
connected with the election of a President or Vice-President,
including the grounds on which such election may be questioned:
Provided that the election of a person as President or Vice-President
shall not be called in question on the ground of the existence of any
vacancy for whatever reason among the members of the electoral college
electing him.
(2) All doubts and disputes arising out of or in connection with the
election of a President or Vice-President shall be inquired into and
decided by such authority or body and in such manner as may be
provided for by or under any law referred to in clause (1).
(3) The validity of any such law as is referred to in clause (1) and
the decision of any authority or body under such law shall not be
called in question in any court.
(4) If the election of a person as President or Vice-President is
declared void under any such law as is referred to in clause (1), acts
done by him in the exercise and performance of the powers and duties
of the office of President or Vice-President, as the case may be, on
or before the date of such declaration shall not be invalidated by
reason of that declaration."
71. Matters relating to, or connected with, the election of a
President or Vice-President.—(1) All doubts and disputes arising out of or in
connection with the election of a President or Vice-President shall be inquired
into and decided by the Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared
void by the Supreme Court, acts done by him in the exercise and performance
of the powers and duties of the office of President or Vice-President, as the
case may be, on or before the date of the decision of the Supreme Court shall
not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law
regulate any matter relating to or connected with the election of a President or
Vice-President.
(4) The election of a person as President or Vice-President shall not be
called in question on the ground of the existence of any vacancy for whatever
reason among the members of the electoral college electing him.
72. Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.—(1) The President shall have the
power to grant pardons, reprieves, respites or remissions of punishment or to
@ -336,6 +323,10 @@ be a Council of Ministers with the Prime Minister at the head to aid and advise
the President who shall, in the exercise of his functions, act in accordance wit
h
such advice:
Provided that the President may require the Council of Ministers to
reconsider such advice, either generally or otherwise, and the President shall a
ct
in accordance with the advice tendered after such reconsideration.
(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
@ -391,9 +382,10 @@ 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
@ -499,8 +491,9 @@ 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
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
five years from the date appointed for its first meeting and no longer and the
expiration of the said period of five years shall operate as a dissolution of th
e
House:
35
@ -709,6 +702,12 @@ 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 Parliament 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
@ -747,9 +746,9 @@ 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 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;
(a) if he holds any office of profit under the Government of India or
the Government of any State, other than an office declared by Parliament
by law not to disqualify its holder;
41
@ -767,28 +766,15 @@ 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. Decision on questions as to disqualification.-(1) If
any question arises-
(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.".
103. Decision on questions as to disqualifications of members.—
(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 th
e
President and his decision shall be final.
(2) Before giving any decision on any such question, the President shall
obtain the opinion of the Election Commission and shall act according to such
opinion.
104. Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified.—If a person
sits or votes as a member of either House of Parliament before he has complied
@ -814,12 +800,12 @@ 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 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.
(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 that House and of its members and
committees immediately before the coming into force of section 15 of the
Constitution (Forty-fourth Amendment) Act, 1978.
(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
@ -1135,7 +1121,6 @@ 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
@ -1196,41 +1181,29 @@ court in respect of the exercise by him of those powers.
THE CONSTITUTION OF INDIA
CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT
123. (1) If at any time, except when both Houses of
Parliament are in session, the President is
satisfied that circumstances exist which
during recess of Parliament render it necessary for him to take immediate action
, he may promulgate such
Ordinances as the circumstances appear to him to require,
(2) An Ordinance promulgated under this article shall
have the same force and effect as an Act of Parliament, but
every such Ordinance
(a) shall be laid before both Houses of Parliament
and shall cease to operate at the expiration of
six weeks from the reassembly of Parliament,
or, if before the expiration of that period
resolutions disapproving it are passed by both
Houses, upon the second of those resolutions ;
and
(b) may be withdrawn at any time by the
President.
Explanation. Where the Houses of Parliament are
summoned to reassemble on different dates, the period of six
weeks shall be reckoned from the later of those dates for the
purposes of this clause.
(3) If and so far as an Ordinance under this article
makes any provision which Parliament would not under this
Constitution be competent to enact, it shall be void.
(4) Notwithstanding anything in this Constitution, the satisfaction
of the President mentioned in clause (1) shall be final and conclusive
and shall not be questioned in any court on any ground.
Ordinances as the circumstances appear to him to require,
123. Power of President to promulgate Ordinances during recess of
Parliament.—(1) If at any time, except when both Houses of Parliament are in
session, the President is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such
Ordinances as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same
force and effect as an Act of Parliament, but every such Ordinance—
(a) shall be laid before both Houses of Parliament and shall cease to
operate at the expiration of six weeks from the reassembly of Parliament,
or, if before the expiration of that period resolutions disapproving it are
passed by both Houses, upon the passing of the second of those
resolutions; and
(b) may be withdrawn at any time by the President.
Explanation.—Where the Houses of Parliament are summoned to
reassemble on different dates, the period of six weeks shall be reckoned from
the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision
which Parliament would not under this Constitution be competent to enact, it
shall be void.
*
*
*
*
CHAPTER IV.—THE UNION JUDICIARY
124. Establishment and constitution of Supreme Court.—(1) There
shall be a Supreme Court of India consisting of a Chief Justice of India and,
@ -1380,26 +1353,32 @@ on
Courts in certain cases.— (1) An appeal shall lie to the Supreme Court from
any judgment, decree or final order of a High Court in the territory of India,
whether in a civil, criminal or other proceeding, if the High Court certifies
that the case involves a substantial question of law as to the
under article 134A that the case involves a substantial question of law as to th
e
interpretation of this Constitution.
(2)Where the Court has refused to give such a certi-
ficate, the Supreme Court may, if it is satisfied that the case
involves a substantial question of law as to the interpretation
of this Constitution, grant special leave to appeal from such
judgment, decree or final order.
*
(3) Where such a certificate is given,or such leave is granted,
any party in the case may appeal to
*
*
*
*
*
(3) Where such a certificate is given, any party in the case may appeal to
the Supreme Court on the ground that any such question as aforesaid has been
wrongly decided and, with the leave of the Supreme Court, on any other ground.
wrongly decided.
Explanation.— For the purposes of this article, the expression “final
order” includes an order deciding an issue which, if decided in favour of the
appellant, would be sufficient for the final disposal of the case.
133. Appellate jurisdiction of Supreme Court in appeals from High
Courts in regard to civil matters.— (1) An appeal shall lie to the Supreme
Court from any judgment, decree or final order in a civil proceeding of a High
Court in the territory of India if the High Court certifies —
Court in the territory of India if the High Court certifies under article 134Aâ€
”
(a) that the case involves a substantial question of law of general
importance; and
(b) that in the opinion of the High Court the said question needs to be
@ -1428,7 +1407,7 @@ and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any court
subordinate to its authority and has in such trial convicted the accused
person and sentenced him to death; or
(c) certifies that the case is a fit one for appeal to
(c) certifies under article 134A that the case is a fit one for appeal to
the Supreme Court:
Provided that an appeal under sub-clause (c) shall lie subject to such
provisions as may be made in that behalf under clause (1) of article 145 and to
@ -1438,7 +1417,21 @@ powers to entertain and hear appeals from any judgment, final order or sentence
in a criminal proceeding of a High Court in the territory of India subject to su
ch
conditions and limitations as may be specified in such law.
134A. Certificate for appeal to the Supreme Court.—Every High
Court, passing or making a judgment, decree, final order, or sentence, referred
to
in clause (1) of article 132 or clause (1) of article 133, or clause (1) of arti
cle
134,—
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party
aggrieved, immediately after the passing or making of such judgment,
decree, final order or sentence,
determine, as soon as may be after such passing or making, the question
whether a certificate of the nature referred to in clause (1) of article 132, or
clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) o
f
article 134, may be given in respect of that case.
57
@ -1480,20 +1473,22 @@ 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.".
139A. Transfer of certain cases.—(1) Where cases involving the same
or substantially the same questions of law are pending before the Supreme
Court and one or more High Courts or before two or more High Courts and the
Supreme Court is satisfied on its own motion or on an application made by the
Attorney-General of India or by a party to any such case 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:
Provided that the Supreme Court may after determining the said
questions of law return any case so withdrawn together with a copy of its
judgment on such questions to the High Court from which the case has been
withdrawn, and the High Court shall on receipt thereof, proceed to dispose of
the case in conformity with such judgment.
(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
powers not inconsistent with any of the provisions of this Constitution as may
@ -1674,8 +1669,7 @@ immediately before the commencement of this Constitution in relation to the
accounts of the Dominion of India and of the Provinces respectively.
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
.
on the advice of 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.

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@ -167,9 +167,15 @@ 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
@ -310,10 +316,10 @@ 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 six years from the
of every State, unless sooner dissolved, shall continue for five years from the
date appointed for its first meeting and no longer and the expiration of the sai
d
period of six years shall operate as a dissolution of the Assembly:
period of five years shall operate as a dissolution of the Assembly:
Provided that the said period may, while a Proclamation of Emergency is
in operation, be extended by Parliament by law for a period not exceeding one
year at a time and not extending in any case beyond a period of six months after
@ -535,7 +541,15 @@ 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 the
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.
Disqualifications of Members
190. Vacation of seats.—(1) No person shall be a member of both
Houses of the Legislature of a State and provision shall be made by the
Legislature of the State by law for the vacation by a person who is chosen a
@ -572,9 +586,10 @@ 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 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;
(a) if he holds any office of profit under the Government of India or
the Government of any State specified in the First Schedule, other than
an office declared by the Legislature of the State by law not to disqualify
its holder;
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if he is an undischarged insolvent;
@ -587,27 +602,14 @@ 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. 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.".
192. Decision on questions as to disqualifications of members.—(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 (1)
of article 191, the question shall be referred for the decision of the Governor
and his decision shall be final.
(2) Before giving any decision on any such question, the Governor shall
obtain the opinion of the Election Commission and shall act according to such
opinion.
78
@ -635,17 +637,12 @@ 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 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.
(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 such as may from time to time be defined
by the Legislature by law, and, until so defined, shall be those of that House
and of its members and committees immediately before the coming into force
of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978.
(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
@ -974,8 +971,7 @@ 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(including the quorum to constitute a meeting of the House)
and the conduct of its business.
procedure and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and
standing orders in force immediately before the commencement of this
Constitution with respect to the Legislature for the corresponding Province shal
@ -1095,11 +1091,10 @@ pursuance of instructions from the President shall be deemed to be an Act of
the Legislature of the State which has been reserved for the consideration of th
e
President and assented to by him.
(4) Notwithstanding anything in this Constitution, the satisfaction
of the Governor mentioned in clause (1) shall be final and conclusive
and shall not be questioned in any court on any ground.
*
*
*
*
CHAPTER V.—THE HIGH COURTS IN THE STATES
214. High Courts for States.— There shall be a High Court for each State.
*
@ -1149,15 +1144,27 @@ 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; or
(c) is, in the opinion of the President, a distinguished jurist.
two or more such Courts in succession.
*
*
*
*
90
THE CONSTITUTION OF INDIA
Explanation.—For the purposes of this clause—
(a) in computing the period during which a person has been an
(a) in computing the period during which a person has held
judicial office in the territory of India, there shall be included any period,
after he has held any judicial office, during which the person has been an
advocate of a High Court or has held the office of a member of a tribunal
or any post, under the Union or a State, requiring special knowledge of
law;
(aa) 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 or the office of a member of a
tribunal or any post, under the Union or a State, requiring special
@ -1265,16 +1272,21 @@ commencement of this Constitution:
THE CONSTITUTION OF INDIA
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 Constitution shall no longer
apply to the exercise of such jurisdiction.
226. Power of High Courts to issue certain writs.—(1)
Notwithstanding anything in article 32, 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.
within those territories directions, orders or writs, including writs in the nat
ure
of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any
of them, for the enforcement of any of the rights conferred by Part III and for
any other purpose.
(2) The power conferred 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
@ -1282,44 +1294,26 @@ 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
(3) Where any party against whom an interim order, whether by way of
injunction or stay or in any other manner, is made on, or in any proceedings
relating to, a petition under clause (1), without—
(a) furnishing to such party copies of such petition and all documents
in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard,
makes an application to the High Court for the vacation of such order and
furnishes a copy of such application to the party in whose favour such order has
been made or the counsel of such party, the High Court shall dispose of the
application within a period of two weeks from the date on which it is received o
r
from the date on which the copy of such application is so furnished, whichever i
s
later, or where the High Court is closed on the last day of that period, before
the
expiry of the next day afterwards on which the High Court is open; and if the
application is not so disposed of, the interim order shall, on the expiry of tha
t
period, or, as the case may be, the expiry of the said next day, stand vacated.
(4) 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.
@ -1330,10 +1324,9 @@ THE CONSTITUTION OF INDIA
226A. [Constitutional validity of Central laws not to be considered in
proceedings under article 226.] Rep. by the Constitution (Forty-third
Amendment) Act, 1977, s. 8 (w.e.f. 13-4-1978).
227. Power of superintendence over all courts by the High Court.—
(1) Every High Court shall have superintendence over all courts
subject to its appellate jurisdiction.
(1) Every High Court shall have superintendence over all courts and tribunals
throughout the territories in relation to which it exercises jurisdiction.
(2) Without prejudice to the generality of the foregoing provision, the
High Court may—
(a) call for returns from such courts;
@ -1352,10 +1345,10 @@ 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
l

10
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@ -58,9 +58,13 @@ obtaining instructions from the President in that behalf.
which would not be valid if enacted in an Act of the Legislature of the Union
territory made after complying with the provisions in that behalf contained in
any such law as is referred to in clause (1) of article 239A, it shall be void.
(4) Notwithstanding anything in this Constitution, the satisfaction
of the administrator mentioned in clause (1) shall be final and
conclusive and shall not be questioned in any court on any ground.
*
*
*
*
240. Power of President to make regulations for certain Union
territories.—(1) The President may make regulations for the peace, progress

25
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@ -181,10 +181,11 @@ Act, 1972 (Gujarat Act 5 of 1973).
1974).
86. The Tripura Land Revenue and Land Reforms (Second Amendment)
Act,1974 (Tripura Act 7 of 1974).
87. The Representation of the People Act, 1951 (Central Act 43 of
1951), the Representation of the People (Amendment) Act, 1974 (Central
Act 58 of 1974) and the Election Laws (Amendment) Act, 1975 (Central
Act 40 of 1975)
*
*
*
*
*
88. The Industries (Development and Regulation) Act, 1951 (Central Act
65 of 1951).
89. The Requisitioning and Acquisition of Immovable Property Act, 1952
@ -198,8 +199,14 @@ Act 40 of 1975)
(Central Act 67 of 1957).
91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central Act
54 of 1969).
92. The Maintenance of Internal Security Act, 1971 (Central Act 26 of
1971)
*
*
*
*
93. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central
Act 64 of 1971).
94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of
@ -285,8 +292,10 @@ Property) Act, 1976 (Central Act 13 of 1976).
1976).
129. The Conservation of Foreign Exchange and Prevention of Smuggling
Activities (Amendment) Act, 1976 (Central Act 20 of 1976).
130. The Prevention of Publication of Objectionable Matter Act, 1976
(Central Act 27 of 1976)
*
*
*
*
131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of
1976).
132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33