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AMENDMENT_07_01111956

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12
PART1.txt
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@ -2,13 +2,11 @@ PART I
THE UNION AND ITS TERRITORY
1. Name and territory of the Union.—(1) India, that is Bharat, shall be
a Union of States.
(2) The States and the territories thereof shall be the States and their
territories specified in Parts A, B and C
of the First Schedule.
(2) The States and the territories thereof shall be as specified in the First
Schedule.
(3) The territory of India shall comprise—
(a) the territories of the States;
(b) the territories specified in Part D of the First
Schedule ; and
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.
2. Admission or establishment of new States.—Parliament may by law
admit into the Union, or establish, new States on such terms and conditions as i
@ -28,8 +26,8 @@ Provided that no Bill for the purpose shall be introduced in either House
of Parliament except on the recommendation of the President and unless, where
the proposal contained in the Bill affects the area, boundaries or name of any o
f
the States specified in Part A or Part B of the First Schedule,
the Bill has been referred by the President to the Legislature of that
the States, the Bill has been referred by the President to the Legislature of th
at
State for expressing its views thereon within such period as may be specified in
the reference or within such further period as the President may allow and the
period so specified or allowed has expired.

7
PART10.txt
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@ -3,11 +3,10 @@ THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and tribal areas.—(1) The
provisions of the Fifth Schedule shall apply to the administration and control o
f
the Scheduled Areas and Scheduled Tribes in any State specified in Part A or Par
t B of the First Schedule other than the States of
Assam.
the Scheduled Areas and Scheduled Tribes in any State other than the States of
Assam and Meghalaya.
(2) The provisions of the Sixth Schedule shall apply to the
administration of the tribal areas in the States of Assam.
administration of the tribal areas in the States of Assam and Meghalaya.

45
PART11.txt
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@ -15,21 +15,15 @@ enumerated in List I in the Seventh Schedule (in this Constitution referred to a
s
the “Union List”).
(2) Notwithstanding anything in clause (3), Parliament, and, subject to
clause (1), the Legislature of any State specified in Part A or Part B of the Fi
rst Schedule
also, have power to make laws with
clause (1), the Legislature of any State also, have power to make laws with
respect to any of the matters enumerated in List III in the Seventh Schedule (in
this Constitution referred to as the “Concurrent List”).
(3) Subject to clauses (1) and (2), the Legislature of any State specified in Pa
rt A or Part B of the First Schedule
has exclusive power to make laws for such State or any part thereof with respect
to
(3) Subject to clauses (1) and (2), the Legislature of any State has
exclusive power to make laws for such State or any part thereof with respect to
any of the matters enumerated in List II in the Seventh Schedule (in this
Constitution referred to as the “State List”').
(4) Parliament has power to make laws with respect to any matter for
any part of the territory of India not included in Part A or Part B of the First
Schedule
notwithstanding that
any part of the territory of India not included in a State notwithstanding that
such matter is a matter enumerated in the State List.
247. Power of Parliament to provide for the establishment of certain
additional courts.—Notwithstanding anything in this Chapter, Parliament may
@ -140,9 +134,7 @@ List, then, subject to the provisions of clause (2), the law made by Parliament,
whether passed before or after the law made by the Legislature of such State,
or, as the case may be, the existing law, shall prevail and the law made by the
Legislature of the State shall, to the extent of the repugnancy, be void.
(2) Where a law made by the Legislature of a State specified in Part A or Part B
of the First Schedule
with respect to one of
(2) Where a law made by the Legislature of a State with respect to one of
the matters enumerated in the Concurrent List contains any provision repugnant
to the provisions of an earlier law made by Parliament or an existing law with
respect to that matter, then, the law so made by the Legislature of such State
@ -154,8 +146,7 @@ adding to, amending, varying or repealing the law so made by the Legislature
of the State.
255. Requirements as to recommendations and previous sanctions to
be regarded as matters of procedure only.—No Act of Parliament or of the
Legislature of a State specified in Part A or Part B of the First Schedule,
and no provision in any such Act, shall be invalid by
Legislature of a State, and no provision in any such Act, shall be invalid by
reason only that some recommendation or previous sanction required by this
Constitution was not given, if assent to that Act was given—
(a) where the recommendation required was that of the Governor,
@ -234,22 +225,14 @@ of agreement, as may be determined by an arbitrator appointed by the Chief
Justice of India, in respect of any extra costs of administration incurred by th
e
State in connection with the exercise of those powers and duties.
259.Armed Forces in States in Part B of the First Schedule.
(1) Notwithstanding anything in this Constitu-
tion, a State specified in Part B of the
First Schedule having any Armed forces
immediately before the commencement
of this Constitution may, until Parliament by law otherwise
provides, continue to maintain the said Forces after such
commencement subject to such general or special orders
as the President may from time to time issue in that be-
half.
(2) Any such Armed Forces as are referred to in
clause (1) shall form part of the Armed Forces of the
Union.
258A. Power of the States to entrust functions to the Union.—
Notwithstanding anything in this Constitution, the Governor of a State may,
with the consent of the Government of India, entrust either conditionally or
unconditionally to that Government or to its officers functions in relation to a
ny
matter to which the executive power of the State extends.
259. [Armed Forces in States in Part B of the First Schedule.] Rep. by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
260. Jurisdiction of the Union in relation to territories outside
India.—The Government of India may by agreement with the Government of
any territory not being part of the territory of India undertake any executive,

145
PART12.txt
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@ -2,20 +2,8 @@ PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I.—FINANCE
General
264. Interpretation.—
In this Part, unless the context otherwise
requires,
(a) "Finance Commission" means a Finance
Commission constituted under article 280 ,
(b) " State" does not include a State specified in
Part C of the First Schedule ;
(c) references to States specified in Part C of the
First Schedule shall include references to any
territory specified in Part D of the First
Schedule and any other territory comprised
within the territory of India but not speci-
fied in that Schedule.
264. Interpretation.—In this Part, “Finance Commission” means a
Finance Commission constituted under article 280.
265. Taxes not to be imposed save by authority of law.—No tax shall
be levied or collected except by authority of law.
266. Consolidated Funds and public accounts of India and of the
@ -53,10 +41,9 @@ THE CONSTITUTION OF INDIA
the nature of an imprest to be entitled “the Contingency Fund of the State”
into
which shall be paid from time to time such sums as may be determined by such
law, and the said Fund shall be placed at the disposal of the Governor or Rajpra
mukh
of the State to enable advances to be made by him out of such Fund for the purpo
ses of
law, and the said Fund shall be placed at the disposal of the Governor of the St
ate
to enable advances to be made by him out of such Fund for the purposes of
meeting unforeseen expenditure pending authorisation of such expenditure by the
Legislature of the State by law under article 205 or article 206.
Distribution of Revenues between the Union and the States
@ -64,8 +51,8 @@ Distribution of Revenues between the Union and the States
the States.—(1) Such stamp duties and such duties of excise on medicinal and
toilet preparations as are mentioned in the Union List shall be levied by the
Government of India but shall be collected—
(a) in the case where such duties are leviable within any State specified in Par
t C of the First Schedule, by the Government of India, and
(a) in the case where such duties are leviable within any Union
territory, by the Government of India, and
(b) in other cases, by the States within which such duties are
respectively leviable.
(2) The proceeds in any financial year of any such duty leviable within
@ -88,11 +75,11 @@ therein;
e or purchase takes place in the course of inter-State trade or commerce;
(2) The net proceeds in any financial year of any such duty or tax, except in so
far as those proceeds represent proceeds attributable to State specified in Par
t C of the First Schedule, shall not form part of the Consolidated Fund of India
, but shall be assigned to the States within which that duty or tax is leviable
in that year, and shall be distributed among those States in accordance with suc
h principles of distribution as may be formulated by Parliament by law.
far as those proceeds represent proceeds attributable to Union territories, sha
ll not form part of the Consolidated Fund of India, but shall be assigned to the
States within which that duty or tax is leviable in that year, and shall be dis
tributed among those States in accordance with such principles of distribution a
s may be formulated by Parliament by law.
(3) Parliament may by law formulate principles for determining when a sale or pu
rchase of goods takes place in the course of inter-State trade or commerce.
@ -105,16 +92,14 @@ nd the States
the manner provided in clause (2).
(2) Such percentage, as may be prescribed, of the net proceeds in any financial
year of any such tax, except in so far as those proceeds represent proceeds attr
ibutable to State specified in Part C of the First Schedule or to taxes payable
in respect of Union emoluments, shall not form part of the Consolidated Fund of
India, but shall be assigned to the States within which that tax is leviable in
that year, and shall be distributed among those States in such manner and from s
uch time as may be prescribed.
ibutable to Union territories or to taxes payable in respect of Union emoluments
, shall not form part of the Consolidated Fund of India, but shall be assigned t
o the States within which that tax is leviable in that year, and shall be distri
buted among those States in such manner and from such time as may be prescribed.
(3) For the purposes of clause (2), in each financial year such percentage as ma
y be prescribed of so much of the net proceeds of taxes on income as does not re
present the net proceeds of taxes payable in respect of Union emoluments shall b
e deemed to represent proceeds attributable to State specified in Part C of the
First Schedule.
e deemed to represent proceeds attributable to Union territories.
(4) In this article -
(a) "taxes on income" does not include a corporation tax:
(b) "prescribed" means -
@ -250,47 +235,9 @@ body for the purposes of the State, municipality, district or other local area
may, notwithstanding that those taxes, duties, cesses or fees are mentioned in
the Union List, continue to be levied and to be applied to the same purposes
until provision to the contrary is made by Parliament by law.
278. Agreement with States in Part B of the First Schedule with
regard to certain financial matters.
(l) Notwithstanding anything in this Consti-
tution, the Government of India may,
subject to the provisions of clause (2),
enter into an agreement with the Govern-
meant of a State specified in Part B of the
First Schedule with respect to
(a) the levy and collection of any tax or duty
leviable by the Government of India in such
State and for the distribution of the proceeds
thereof otherwise than in accordance with the
provisions of this Chapter ;
(b) the grant of any financial assistance by the
Government of India to such State in conse-
quence of the loss of any revenue which
that State used to derive from any tax or
duty leviable under this Constitution by the
Government of India or from any other
sources ;
(c) the contribution by such State in respect of any
payment made by the Government of India
under clause (i) of article 291,
and, when au agreement is so entered into, the provisions
of this Chapter shall in relation to such State have effect
subject to the terms of such agreement.
(2) An agreement entered into under clause (1) shall
continue in force for a period not exceeding ten years from
the commencement of this Constitution :
Provided that the President may at any time after
the expiration of five years from such commencement
terminate or modify any such agreement if after considera-
tion of the report of the Finance Commission he thinks it
necessary to do so.
278. [Agreement with States in Part B of the First Schedule with
regard to certain financial matters.] Rep. by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch.
279. Calculation of “net proceeds”, etc.—(1) In the foregoing
provisions of this Chapter, “net proceeds” means in relation to any tax or d
uty
@ -331,13 +278,7 @@ revenues of the States out of the Consolidated Fund of India;
(bb) the measures needed to augment the Consolidated Fund of a
State to supplement the resources of the Panchayats in the State on the basis
of the recommendations made by the Finance Commission of the State;
(c) the continuance or modification of the terms
of any agreement entered into by the Gov-
ernment of India with the Government of any
State specified in Part B of the First Schedule
under clause (1) of article 278 or under article
306 ; and
(d) any other matter referred to the Commission by the President
(c) any other matter referred to the Commission by the President
in the interests of sound finance.
(4) The Commission shall determine their procedure and shall have such
powers in the performance of their functions as Parliament may by law confer
@ -376,7 +317,7 @@ moneys from such account and all other matters connected with or ancillary to
matters aforesaid shall be regulated by law made by the Legislature of the
State, and, until provision in that behalf is so made, shall be regulated by rul
es
made by the Governor or Rajpramukh of the State.
made by the Governor of the State.
284. Custody of suitors' deposits and other moneys received by
public servants and courts.—All moneys received by or deposited with—
(a) any officer employed in connection with the affairs of the
@ -506,6 +447,14 @@ as the case may be, the Consolidated Fund of India or the Consolidated Fund of
the other State, such contribution in respect of the expenses or pension as may
be agreed, or as may in default of agreement be determined by an arbitrator to
be appointed by the Chief Justice of India.
290A. Annual payment to certain Devaswom Funds.—A sum of
forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of,
the Consolidated Fund of the State of Kerala every year to the Travancore
Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be
charged on, and paid out of, the Consolidated Fund of the State of Tamil Nadu
every year to the Devaswom Fund established in that State for the maintenance
of Hindu temples and shrines in the territories transferred to that State on the
1st day of November, 1956, from the State of Travancore-Cochin.
291- (1) Where under any covenant or agreement
entered into by the Ruler of any Indian
@ -628,31 +577,27 @@ have the same meanings as in article 363.
underlying the ocean within the territorial
waters of India shall vest in the Union
and be held for the purposes of the Union.
298. (1) The executive power of the Union and of
each State shall extend, subject to any
law made by the appropriate Legislature,
to the grant, sale, disposition or mortgage
of any poroperty held for the purposes of the Union or of
such State, as the case may be, and to the purchase or
acquisition of property for those purposes respectively, and
to the making of contracts.
(2) All property acquired for the purposes of the
Union or of a State shall vest in the Union or in such State,
as the case may be.
Cf. S. 176 (1) and (2) of the Government of India Act, 1935.
298. Power to carry on trade, etc.— The executive power of the Union
and of each State shall extend to the carrying on of any trade or business and t
o
the acquisition, holding and disposal of property and the making of contracts
for any purpose:
Provided that—
(a) the said executive power of the Union shall, in so far as such
trade or business or such purpose is not one with respect to which
Parliament may make laws, be subject in each State to legislation by the
State; and
(b) the said executive power of each State shall, in so far as such
trade or business or such purpose is not one with respect to which the
State Legislature may make laws, be subject to legislation by Parliament.
299. Contracts.—(1) All contracts made in the exercise of the executive
power of the Union or of a State shall be expressed to be made by the
President, or by the Governor or the Rajpramukh of the State, as the case may be
, and all such
President, or by the Governor of the State, as the case may be, and all such
contracts and all assurances of property made in the exercise of that power shal
l
be executed on behalf of the President or the Governor by such persons and in
such manner as he may direct or authorise.
(2) Neither the President nor the Governor nor the Rajpramukh shall be personall
y liable in
(2) Neither the President nor the Governor shall be personally liable in
respect of any contract or assurance made or executed for the purposes of this
Constitution, or for the purposes of any enactment relating to the Government
of India heretofore in force, nor shall any person making or executing any such

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PART13.txt
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@ -25,8 +25,8 @@ scarcity of goods in any part of the territory of India.
304. Restrictions on trade, commerce and intercourse among
States.—Notwithstanding anything in article 301 or article 303, the
Legislature of a State may by law—
(a) impose on goods imported from other States any tax to which similar goods ma
nufactured or produced in
(a) impose on goods imported from other States or the Union
territories any tax to which similar goods manufactured or produced in
that State are subject, so, however, as not to discriminate between goods
so imported and goods so manufactured or produced; and
(b) impose such reasonable restrictions on the freedom of trade,
@ -50,30 +50,9 @@ in so far as it relates to, or prevent Parliament or the Legislature of a State
from
making any law relating to, any such matter as is referred to in sub-clause (ii)
of clause (6) of article 19.
306. Power of certain States in Part B of the First Schedule to impose
restrictions on trade and commerce.-
Notwithstanding anything in the foregoing pro-
visions of this Part or in any other pro-
visions of this Constitution, any State
specified in Part B of the First Schedule
which before the commencement of this
Constitution was levying any tax or duty
on the import of goods into the State from other States
or on the export of goods from the State to other States
may, if an agreement in that behalf has been entered into
between the Government of India and the Government of
that State, continue to levy and collect such tax or duty
subject to the terms of such agreement and for such period
not exceeding ten years from the commencement of this
Constitution as may be specified in the agreement :
Provided that the President may at any time after the
expiration of five years from such commencement terminate
or modify any such agreement if, after consideration of
the report of the Finance Commission constituted under
article 280, he thinks it necessary to do so.
306. [Power of certain States in Part B of the First Schedule to impose
restrictions on trade and commerce.] Rep. by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch.
307. Appointment of authority for carrying out the purposes of
articles 301 to 304.—Parliament may by law appoint such authority as it
considers appropriate for carrying out the purposes of articles 301, 302, 303

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PART14.txt
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@ -2,8 +2,7 @@ PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I.— SERVICES
308. Interpretation.—In this Part, unless the context otherwise requires,
the expression “State” means a State specified in Part A or Part B of the Fi
rst Schedule.
the expression “State” does not include the State of Jammu and Kashmir.
309. Recruitment and conditions of service of persons serving the
Union or a State.—Subject to the provisions of this Constitution, Acts of the
appropriate Legislature may regulate the recruitment, and conditions of service
@ -13,8 +12,7 @@ of the Union or of any State:
Provided that it shall be competent for the President or such person as he
may direct in the case of services and posts in connection with the affairs of t
he
Union, and for the Governor or Rajpramukh of a State or such person as he may di
rect in the
Union, and for the Governor of a State or such person as he may direct in the
case of services and posts in connection with the affairs of the State, to make
rules regulating the recruitment, and the conditions of service of persons
appointed, to such services and posts until provision in that behalf is made by
@ -26,17 +24,14 @@ member of a defence service or of a civil service of the Union or of an allIndia
service or holds any post connected with defence or any civil post under
the Union holds office during the pleasure of the President, and every person
who is a member of a civil service of a State or holds any civil post under a
State holds office during the pleasure of the Governor of the State or, as the c
ase may be, the Rajpramukh.
State holds office during the pleasure of the Governor of the State.
(2) Notwithstanding that a person holding a civil post under the Union or
a State holds office during the pleasure of the President or, as the case may be
,
of the Governor or Rajpramukh of the State, any contract under which a person, n
ot being a
of the Governor of the State, any contract under which a person, not being a
member of a defence service or of an all-India service or of a civil service of
the Union or a State, is appointed under this Constitution to hold such a post
may, if the President or the Governor or the Rajpramukh, as the case may be, dee
ms it necessary in
may, if the President or the Governor, as the case may be, deems it necessary in
order to secure the services of a person having special qualifications, provide
for the payment to him of compensation, if before the expiration of an agreed
period that post is abolished or he is, for reasons not connected with any
@ -68,7 +63,7 @@ satisfied that for some reason, to be recorded
by that authority in writing, it is not reason-
ably practicable to give to that person an
opportunity of showing cause ; or
(c) where the President or Governor or Rajpra-
(c) where the President or Governor or Rajpra*
mukh, as the case may be, is satisfied that in
the interest of the security of the State it is
not expedient to give to that person such an
@ -143,8 +138,7 @@ THE CONSTITUTION OF INDIA
consequential provisions as may be necessary or desirable for giving effect to
the purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do
by the Governor or Rajpramukh of a State, may, with the approval of the Presiden
t, agree to
by the Governor of a State, may, with the approval of the President, agree to
serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service
Commission or a State Public Service Commission shall, unless the context
@ -154,7 +148,7 @@ matter in question.
316. Appointment and term of office of members.—(1) The Chairman
and other members of a Public Service Commission shall be appointed, in the
case of the Union Commission or a Joint Commission, by the President, and in
the case of a State Commission, by the Governor or Rajpramukh of the State:
the case of a State Commission, by the Governor of the State:
Provided that as nearly as may be one-half of the members of every
Public Service Commission shall be persons who at the dates of their respective
appointments have held office for at least ten years either under the
@ -173,7 +167,7 @@ Provided that—
(a) a member of a Public Service Commission may, by writing under
his hand addressed, in the case of the Union Commission or a Joint
Commission, to the President, and in the case of a State Commission, to
the Governor or Rajpramukh of the State, resign his office;
the Governor of the State, resign his office;
155
@ -194,8 +188,7 @@ held in accordance with the procedure prescribed in that behalf under article
145, reported that the Chairman or such other member, as the case may be,
ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a Joint
Commission, and the Governor or Rajpramukh in the case of a State Commission, ma
y
Commission, and the Governor in the case of a State Commission, may
suspend from office the Chairman or any other member of the Commission in
respect of whom a reference has been made to the Supreme Court under clause
(1) until the President has passed orders on receipt of the report of the Suprem
@ -224,7 +217,7 @@ THE CONSTITUTION OF INDIA
318. Power to make regulations as to conditions of service of
members and staff of the Commission.—In the case of the Union
Commission or a Joint Commission, the President and, in the case of a State
Commission, the Governor or Rajpramukh of the State may by regulations—
Commission, the Governor of the State may by regulations—
(a) determine the number of members of the Commission and their
conditions of service; and
(b) make provision with respect to the number of members of the
@ -291,11 +284,10 @@ Government of an Indian State, in a civil capacity, and any question as to
the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on any matter
so referred to them and on any other matter which the President, or, as the case
may be, the Governor or Rajpramukh of the State, may refer to them:
may be, the Governor of the State, may refer to them:
Provided that the President as respects the all-India services and also as
respects other services and posts in connection with the affairs of the Union,
and the Governor or Rajpramukh, as the case may be,
as respects other services and posts in connection with the
and the Governor, as respects other services and posts in connection with the
affairs of a State, may make regulations specifying the matters in which either
generally, or in any particular class of case or in any particular circumstances
, it
@ -310,8 +302,7 @@ be consulted as respects the manner in which any provision referred to in clause
(4) of article 16 may be made or as respects the manner in which effect may be
given to the provisions of article 335.
(5) All regulations made under the proviso to clause (3) by the President
or the Governor or Rajpramukh of a State shall be laid for not less than fourtee
n days before
or the Governor of a State shall be laid for not less than fourteen days before
each House of Parliament or the House or each House of the Legislature of the
State, as the case may be, as soon as possible after they are made, and shall be
subject to such modifications, whether by way of repeal or amendment, as both

3
PART15.txt
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@ -35,8 +35,7 @@ Commissioner shall not be varied to his disadvantage after his appointment:
Provided further that any other Election Commissioner or a Regional
Commissioner shall not be removed from office except on the recommendation
of the Chief Election Commissioner.
(6) The President, or the Governor or Rajpramukh of a State, shall, when so requ
ested
(6) The President, or the Governor of a State, shall, when so requested
by the Election Commission, make available to the Election Commission or to
a Regional Commissioner such staff as may be necessary for the discharge of
the functions conferred on the Election Commission by clause (1).

45
PART16.txt
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@ -7,15 +7,17 @@ People for —
(b) the Scheduled Tribes except the Scheduled Tribes in the tribal areas of Assa
m, and";
(c) the Scheduled Tribes in the autonomous districts of Assam.
(2) The number of seats reserved in any State for the
(2) The number of seats reserved in any State or Union territory for the
Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly
as may be, the same proportion to the total number of seats allotted to that Sta
te
in the House of the People as the population of the Scheduled
Castes in the State or of the Scheduled Tribes in the State or part of the State
, as the case may be, in
or Union territory in the House of the People as the population of the Scheduled
Castes in the State or Union territory or of the Scheduled Tribes in the State o
r
Union territory or part of the State or Union territory, as the case may be, in
respect of which seats are so reserved, bears to the total population of the Sta
te.
te
or Union territory.
331. Representation of the Anglo-Indian Community in the House of
@ -33,8 +35,7 @@ THE CONSTITUTION OF INDIA
332. Reservation of seats for Scheduled Castes and Scheduled Tribes
in the Legislative Assemblies of the States.—(1) Seats shall be reserved for
the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes
in the tribal areas of Assam, in the Legislative Assembly of every State specifi
ed in Part A or Part B of the First Schedule.
in the tribal areas of Assam, in the Legislative Assembly of every State.
(2) Seats shall be reserved also for the autonomous districts in the
Legislative Assembly of the State of Assam.
(3) The number of seats reserved for the Scheduled Castes or the
@ -61,8 +62,7 @@ Legislative Assembly of the State from any constituency of that district:
333. Representation of the Anglo-Indian community in the
Legislative Assemblies of the States.— Notwithstanding anything in article
170, the Governor or Rajpramukh of a State may, if he is of opinion that the Ang
lo-Indian
170, the Governor of a State may, if he is of opinion that the Anglo-Indian
community needs representation in the Legislative Assembly of the State and is
not adequately represented therein, nominate such number of members of that comm
unity to
@ -111,9 +111,7 @@ appointment on merit as compared with the members of other communities.
337. Special provision with respect to educational grants for the
benefit of Anglo-Indian community.—During the first three financial years
after the commencement of this Constitution, the same grants, if any, shall be
made by the Union and by each State specified in Part A or Part B of the First S
chedule
for the benefit of the Anglo-Indian
made by the Union and by each State for the benefit of the Anglo-Indian
community in respect of education as were made in the financial year ending
on the thirty-first day of March, 1948.
During every succeeding period of three years the grants may be less by
@ -158,14 +156,12 @@ THE CONSTITUTION OF INDIA
Areas and the welfare of Scheduled Tribes.—(1) The President may at any
time and shall, at the expiration of ten years from the commencement of this
Constitution by order appoint a Commission to report on the administration of
the Scheduled Areas and the welfare of the Scheduled Tribes in the States specif
ied in Part A or Part B of the First Schedule.
the Scheduled Areas and the welfare of the Scheduled Tribes in the States.
The order may define the composition, powers and procedure of the
Commission and may contain such incidental or ancillary provisions as the
President may consider necessary or desirable.
(2) The executive power of the Union shall extend to the giving of
directions to any such State as to the drawing up and execution of schemes speci
fied in
directions to a State as to the drawing up and execution of schemes specified in
the direction to be essential for the welfare of the Scheduled Tribes in the Sta
te.
340. Appointment of a Commission to investigate the conditions of
@ -192,26 +188,23 @@ and making such recommendations as they think proper.
with a memorandum explaining the action taken thereon to be laid before each
House of Parliament.
341. Scheduled Castes.—(1) The President may with respect to any
State, and where it is a State specified in Part A or Part B of the First Schedu
le, after consultation with the
Governor or Rajpramukh thereof, by public notification, specify the castes, race
s or tribes or
State or Union territory, and where it is a State, after consultation with the
Governor thereof, by public notification, specify the castes, races or tribes or
parts of or groups within castes, races or tribes which shall for the purposes o
f
this Constitution be deemed to be Scheduled Castes in relation to that State.
this Constitution be deemed to be Scheduled Castes in relation to that State or
Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of
Scheduled Castes specified in a notification issued under clause (1) any caste,
race or tribe or part of or group within any caste, race or tribe, but save as
aforesaid a notification issued under the said clause shall not be varied by any
subsequent notification.
342. Scheduled Tribes.—(1) The President may with respect to any
State, and where it is a State specified in Part A or Part B of the First Schedu
le, after consultation with the
Governor or Rajpramukh thereof, by public notification, specify the tribes or tr
ibal
State or Union territory, and where it is a State, after consultation with the
Governor thereof, by public notification, specify the tribes or tribal
communities or parts of or groups within tribes or tribal communities which
shall for the purposes of this Constitution be deemed to be Scheduled Tribes in
relation to that State.
relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of
Scheduled Tribes specified in a notification issued under clause (1) any tribe o
r

20
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@ -128,8 +128,8 @@ he
State or in Ordinances promulgated by the Governor of the State or in any order,
rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a
translation of the same in the English language published under the authority of
the Governor or Rajpramukh of the State in the Official Gazette of that State sh
all be deemed to
the Governor of the State in the Official Gazette of that State shall be deemed
to
be the authoritative text thereof in the English language under this article.
349. Special procedure for enactment of certain laws relating to
language.—During the period of fifteen years from the commencement of this
@ -146,6 +146,22 @@ CHAPTER IV.—SPECIAL DIRECTIVES
grievances.—Every person shall be entitled to submit a representation for the
redress of any grievance to any officer or authority of the Union or a State in
any of the languages used in the Union or in the State, as the case may be.
350A. Facilities for instruction in mother-tongue at primary stage.—
It shall be the endeavour of every State and of every local authority within the
State to provide adequate facilities for instruction in the mother-tongue at the
primary stage of education to children belonging to linguistic minority groups;
and the President may issue such directions to any State as he considers
necessary or proper for securing the provision of such facilities.
350B. Special Officer for linguistic minorities.—(1) There shall be a
Special Officer for linguistic minorities to be appointed by the President.
(2) It shall be the duty of the Special Officer to investigate all matters relat
ing
to the safeguards provided for linguistic minorities under this Constitution and
report to the President upon those matters at such intervals as the President ma
y
direct, and the President shall cause all such reports to be laid before each Ho
use of
Parliament, and sent to the Governments of the States concerned.
178

7
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@ -73,16 +73,15 @@ e
Government of every State is carried on in accordance with the provisions of
this Constitution.
356. Provisions in case of failure of constitutional machinery in
States.—(1) If the President, on receipt of a report from the Governor or Rajp
ramukh of a State
States.—(1) If the President, on receipt of a report from the Governor of a St
ate
or otherwise, is satisfied that a situation has arisen in which the Government o
f
the State cannot be carried on in accordance with the provisions of this
Constitution, the President may by Proclamation—
(a) assume to himself all or any of the functions of the
Government of the State and all or any of the powers vested in or
exercisable by the Governor or Rajpramukh, as the case may be, or any body or au
thority in the State other
exercisable by the Governor or any body or authority in the State other
than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be
exercisable by or under the authority of Parliament;

60
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@ -12,21 +12,17 @@ Provided further that nothing in this clause shall be construed as
restricting the right of any person to bring appropriate proceedings against the
Government of India or the Government of a State.
(2) No criminal proceedings whatsoever shall be instituted or continued
against the President, or the Governor or Rajpramukh of a State, in any court du
ring his term of
against the President, or the Governor of a State, in any court during his term
of
office.
(3) No process for the arrest or imprisonment of the President, or the
Governor or Rajpramukh of a State, shall issue from any court during his term of
office.
Governor of a State, shall issue from any court during his term of office.
(4) No civil proceedings in which relief is claimed against the President,
or the Governor or Rajpramukh of a State, shall be instituted during his term of
office in any
or the Governor of a State, shall be instituted during his term of office in any
court in respect of any act done or purporting to be done by him in his personal
capacity, whether before or after he entered upon his office as President, or as
Governor or Rajpramukh of such State, until the expiration of two months next af
ter notice in
writing has been delivered to the President or the Governor or the Rajpramukh, a
s the case may be,
Governor of such State, until the expiration of two months next after notice in
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.
@ -193,26 +189,10 @@ THE CONSTITUTION OF INDIA
(a) a tramway wholly within a municipal area, or
(b) any other line of communication wholly situate in one State
and declared by Parliament by law not to be a railway;
(21) "Rajpramukh" means
(a) in relation to the State of Hyderabad, the
person who for the time being is recog-
nised by the President as the Nizam of
Hyderabad ;
(b) in relation to the State of Jammu and
Kashmir or the State of Mysore, the
person who for the time being is recog-
nised by the President as the Maharaja
of that State ; and
(c) in relation to any other State specified in
Part B of the First Schedule, the person
who for the time being is recognised by
the President as the Rajpramukh of that
State,
and includes in relation to any of the said
States any person for the time being recog-
nised by the President as competent to exercise
the powers of the Rajpramukh in relation to
that State ;
*
*
*
*
(22) "Ruler" in relation to an Indian State means
the Prince, Chief or other person by whom
any such covenant or agreement as is referred
@ -239,16 +219,20 @@ whether general or local or special, and “tax” shall be construed
accordingly;
(29) “tax on income” includes a tax in the nature of an excess
profits tax;
(30) "Uparajpramukh" in relation to any State
specified in Part B of the First Schedule means
the person who for the time being is recognised
by the President as the Uparajpramukhof that
State.
(30) "Union territory" means any Union territory specified in the
First Schedule and includes any other territory comprised within the
territory of India but not specified in that Schedule.
367. Interpretation.—(1) Unless the context otherwise requires, the
General Clauses Act, 1897, shall, subject to any adaptations and modifications
that may be made therein under article 372, apply for the interpretation of this
Constitution as it applies for the interpretation of an Act of the Legislature o
f
the Dominion of India.
(2) Any reference in this Constitution to Acts or laws of, or made by,
Parliament, or to Acts or laws of, or made by, the Legislature of a State specif
ied in Part A or Part B of the First Schedule, shall
Parliament, or to Acts or laws of, or made by, the Legislature of a State, shall
be construed as including a reference to an Ordinance made by the President or,
to an Ordinance made by a Governor or Rajpramukh, as the case may be.
to an Ordinance made by a Governor, as the case may be.
197

302
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@ -97,21 +97,28 @@ THE CONSTITUTION OF INDIA
Provided that the recommendation of the Constituent Assembly of the
State referred to in clause (2) shall be necessary before the President issues
such a notification.
371. Notwithstanding anything in this Constitution,
during a period of ten years from the
commencement thereof, or during such
longer or shorter period as Parliament
may by law provide in respect of any
State, the Government of every State specified in Part B
of the First Schedule shall be under the general control of,
and comply with such particular directions, if any, as may
from time to time be given by, the President :
Provided that the President may by order direct that
the provisions of this article shall not apply to any State
specified in the order.
371. Special provision with respect to the States of Maharashtra and
Gujarat.— *
*
*
*
*
(2) Notwithstanding anything in this Constitution, the President may by
order made with respect to the State of Maharashtra or Gujarat, provide for any
special responsibility of the Governor for—
(a) the establishment of separate development boards for Vidarbha,
Marathwada, and the rest of Maharashtra or, as the case may be,
Saurashtra, Kutch and the rest of Gujarat with the provision that a report
on the working of each of these boards will be placed each year before
the State Legislative Assembly;
(b) the equitable allocation of funds for developmental expenditure
over the said areas, subject to the requirements of the State as a whole;
and
(c) an equitable arrangement providing adequate facilities for
technical education and vocational training, and adequate opportunities
for employment in services under the control of the State Government, in
respect of all the said areas, subject to the requirements of the State as a
whole.
205
@ -169,7 +176,24 @@ of the Legislative Assembly of that State functioning under clause (1) of articl
e
382, and nothing in this article shall be construed as continuing any such
Ordinance in force beyond the said period.
372A. Power of the President to adapt laws.—(1) For the purposes of
bringing the provisions of any law in force in India or in any part thereof,
immediately before the commencement of the Constitution (Seventh
Amendment) Act, 1956, into accord with the provisions of this Constitution as
amended by that Act, the President may by order made before the first day of
November, 1957, make such adaptations and modifications of the law, whether
by way of repeal or amendment, as may be necessary or expedient, and provide
that the law shall, as from such date as may be specified in the order, have
effect subject to the adaptations and modifications so made, and any such
adaptation or modification shall not be questioned in any court of law.
214
THE CONSTITUTION OF INDIA
(2) Nothing in clause (1) shall be deemed to prevent a competent
Legislature or other competent authority from repealing or amending any law
adapted or modified by the President under the said clause.
373. Power of President to make order in respect of persons under
preventive detention in certain cases.—Until provision is made by Parliament
under clause (7) of article 22, or until the expiration of one year from the
@ -289,243 +313,17 @@ ffice
until the expiration of their term of office as determined under the rules which
were
applicable immediately before such commencement to such members.
379 Provisions as to provisional Parliament and the Speaker and Deputy Speaker
thereof
(1) Until both Houses of Parliament have been
duly constituted and summoned to meet
for the first session under the provisions
of this Constitution, the body functioning
as the Constituent Assembly of the
Dominion of India immediately before the commencement
of this Constitution shall be the provisional Parliament
and shall exercise all the powers and perform all the duties
conferred by the provisions of this Constitution on Par-
liament
Explanation. For the purposes of this clause, the
Constituent Assemby of the Dominion of India includes
(i) the members chosen to represent any State
or other territory for which representation is
provided under clause (2), and
(ii) the members chosen to fill casual vacancies
in the said Assembly.
(2) The Parliament may by rules provide for
(a) the representation in the provisional Parliament
functioning under clause (1) of any State or
other territory which was not represented in
the Constituent Assembly of the Dominion
of India immediately before the commence-
ment of this Constitution,
(b) the manner in which the representatives of
such States or other territories in the pro*
visional Parliament shall be chosen, and
(c) the qualifications to be possessed by such repre-
sentatives.
(3) If a member of the Constituent Assembly of the
Dominion of India was, on the sixth day of October, 1949,
or thereafter at any time before the commencement of this
Constitution, a member of a House of the Legislature of a
Governor's Province or of an Indian State corresponding to
any State specified in Part B of the First Schedule or a
Minister for any such State, then, as from the commence-
ment of this Constitution the seat of such member in the
Constituent Assembly shall, unless he has ceased to be a
member of that Assembly earlier, become vacant and every
such vacancy shall be deemed to be a casual vacancy.
(4) Notwithstanding that any such vacancy in the
Constituent Assembly of the Dominion of India as is men-
tioned in clause (3) has not occurred under that clause, steps
may be taken before the commencement of this Constitution
for the filling of such vacancy, but any person chosen before
such commencement to fill the vacancy shall not be entitled
to take his seat in the said Assembly until after the vacancy
has so occurred.
(5) Any person holding office immediately before the'
commencement of this Constitution as Speaker or Deputy
Speaker of the Constituent Assembly when functioning as
the Dominion Legislature under the Government of India
Act, 1935, shall on such commencement be the Speaker or,
as the case may be, the Deputy Speaker of the provisional
Parliament functioning under clause (1).
380. Provision as to President - (1) Such person as the Constituent Assembly of
the Dominion of India shall have elected
in that behalf shall be the President of
India until a President has been elected in
accordance with the provisions contained in Chapter I of
Part V and has entered upon his office.
(2) In the event of the occurrence of any vacancy
in the office of the President so elected by the Constituent
Assembly of the Dominion of India by reason of his death,
resignation, or removal, or otherwise, it shall be filled by a
person elected in that behalf by the provisional Parliament
functioning under article 379, and until a person is so elected,
the Chief Justice of India shall act as President.
381. Council of Ministers of the President—
Such persons as the President may appoint in
that behalf shall become members of the President under
this Constitution, and, until appointments
are so made, all persons holding office as Ministers for the
Dominion of India immediately before the commencement
of this Constitution shall on such commencement become,
and shall continue to hold office as, members of the Council
of Ministers of the President under this Constitution.
382. Provisions as to provisional Legislatures for States in Part A of the First
Schedule—
(1) Until the House or Houses of the Legislature
of each State specified in Part A of the
First Schedule has or have been duly con-
stituted and summoned to meet for the
first session under the provisions of this
Constitution, the House or Houses of the Legislature of the
corresponding Province functioning immediately before the
commencement of this Constitution shall exercise the powers
and perform the duties conferred by the provisions of this
Constitution on the House or Houses of the Legislature of
such State.
(2) Notwithstanding anything in clause (1), where a
general election to reconstitute the Legislative Assembly of
a Province has been ordered before the commencement of
this Constitution, the election may be completed after such
commencement as if this Constitution had not come into
operation, and the Assembly so reconstituted shall be deemed
to be the Legislative Assembly of that Province for the
purposes of that clause.
(3) Any person holding office immediately before the
commencement of this Constitution as Speaker or Deputy
Speaker of the Legislative Assembly or President or Deputy
President of the Legislative Council of a Province shall on
such commencement be the Speaker or Deputy Speaker of
the Legislative Assembly or the Chairman or Deputy
Chairman of the Legislative Council, as the case may be, of
by the President of India :
Provided that where any such seat as is mentioned in
this clause was, immediately before jt became vacant, held
by a person belonging to the Scheduled Castes or to the
Muslim or the Sikh community and representing a Province
or, as the case may be, a State specified in Part A of the
First Schedule, the person to fill such seat shall, unless the
President of the Constituent Assembly or the President
of India, as the case may be, considers it necessary or
expedient to provide otherwise, be of the same community:
Provided further that at an election to fill any such
vacancy in the seat of a member representing a Province or
a State specified in Part A of the First Schedule, every
member of the Legislative Assembly of that Province or of
the corresponding State or of that State, as the case may be,
shall be entitled to participate and vote.
Explanation, For the purposes of this clause
(a) all such castes, races or tribes or parts of or
groups within castes, races or tribes as are
specified in the Government of India
(Scheduled Castes) Order, 1936, to be Scheduled
Castes in relation to any Province shall be
deemed to be Scheduled Castes in relation to
that Province or the corresponding State until
a notification has been issued by the President
under clause (i) of article 341 specifying the
Scheduled Castes in relation to that corres-
ponding State;
(b) all the Scheduled Castes in any Province or
State shall be deemed to be a single com-
munity.
(2) Casual vacancies in the seats of members of a
House of the Legislature of a State functioning under article
382 or article 385 shall be filled, and all matters in connec-
tion with the filling of such vacancies (including the deci-
sion of doubts and disputes arising out of, or in connection
with, elections to fill such vacancies) shall be regulated in
accordance with such provisions governing the filling of such
vacancies and regulating such matters as were in force
immediately before the commencement of this Constitution
subject to such exceptions and modifications as the Presi-
dent may by order direct.
389. Provisions as to Bills pending in the Dominion Legislature and in the
Legislatures of Provinces and Indian States.
———A Bill which immediately before the commence-
ment of this Constitution was pending in
the Legislature of the Dominion of India
or in the Legislature or any Province or
Indian State may, subject to any provi-
sion to the contrary which may be in-
cluded in rules made by Parliament or the Legislature of
the corresponding State under this Constitution, be conti-
nued in Parliament or the Legislature of the corresponding
State, as the case may be, as if the proceedings taken with
reference to the Bill in the Legislature of the Dominion of
India or in the Legislature of the Province or Indian State
had been taken in Parliament or in the Legislature of the
corresponding State.
390. Moneys received or raised or expenditure incurred between the
commencement of the Constitution and the 31st day of March, 1950——
The provisions of this Constitution relating to
the Consolidated Fund of India or the
raised or expenditure Consolidated Fund of any State and the
appropriation of moneys out of either of
such Funds shall not apply in relation to
moneys received or raised or expenditure
incurred by the Government of India or the Government
of any State between the commencement of this Constitu-
tion and the thirty- first day of March, 1950, both days
inclusive, and any expenditure incurred during that period
shall be deemed to be duly authorised if the expenditure
was specified in a schedule of authorised expenditure
authenticated in accordance with the provisions of the
Government of India Act, 1935, by the Governor General
of the Dominion of India or the Governor of the corres-
ponding Province or is authorised by Rajpramukh of the
State in accordance with such rules as were applicable to
the authorisation of expenditure from the revenues of the
corresponding Indian State immediately before such com-
mencement.
391. Power of the President to amend the First and Fourth
Schedules in certain contingencies——
(1) If at any time between the passing of this
Constitution and its commencement any
action is taken under the provisions of
the Government of India Act, 1935, which
in the opinion of the President requires
any amendment in the First Schedule and the Fourth Sche-
dule, the President may, notwithstanding anything in this
Constitution, by order, make such amendments in the said
Schedules as may be necessary to give effect to the action
so taken, and any such order may contain such supplemen-
tal, incidental and consequential provisions as the Presi-
dent may deem necessary.
(2) When the First Schedule or the Fourth Schedule
is so amended, any reference to that Schedule in this
Constitution shall be construed as a reference to such
Schedule as so amended.
378A. Special provision as to duration of Andhra Pradesh Legislative
Assembly.—Notwithstanding anything contained in article 172, the Legislative
Assembly of the State of Andhra Pradesh as constituted under the provisions of
sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner
dissolved, continue for a period of five years from the date referred to in the
said
section 29 and no longer and the expiration of the said period shall operate as
a
dissolution of that Legislative Assembly.
379.—391. Rep. by the Constitution (Seventh Amendment) Act, 1956, s.
29 and Sch.
392. Power of the President to remove difficulties.—(1) The President
may, for the purpose of removing any difficulties, particularly in relation to t
he

6
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@ -62,10 +62,8 @@ ainst
in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law
prescribing, in regard to a class or classes of employment or appointment to an
office under any State specified in the First Schedule or any local or other aut
hority
within its territory any requirement as to residence within that State
, any requirement as to residence within that State or Union
office under the Government of, or any local or other authority within, a State
or Union territory, any requirement as to residence within that State or Union
territory prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any
provision for the reservation of appointments or posts in favour of any

6
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@ -85,9 +85,9 @@ and draught cattle.
49. Protection of monuments and places and objects of national
importance.—It shall be the obligation of the State to protect every monument
or place or object of artistic or historic interest, declared by Parliament by l
aw
to be of national importance, from spoliation, disfigurement,
or place or object of artistic or historic interest, declared by or under law ma
de
by Parliament to be of national importance, from spoliation, disfigurement,
destruction, removal, disposal or export, as the case may be.
50. Separation of judiciary from executive.—The State shall take steps
to separate the judiciary from the executive in the public services of the State

166
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@ -93,8 +93,7 @@ State or under any local or other authority subject to the control of any of the
said Governments.
Explanation.—For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the President or
Vice-President of the Union or the Governor of any State or Rajpramukh or Uparaj
pramukh or is a Minister either
Vice-President of the Union or the Governor of any State or is a Minister either
for the Union or for any State.
59. Conditions of President's office.—(1) The President shall not be a
member of either House of Parliament or of a House of the Legislature of any
@ -213,9 +212,7 @@ THE CONSTITUTION OF INDIA
Explanation.— For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the President or
Vice-President of the Union or the Governor of any State or Rajpramukh or Uparaj
pramukh
or is a Minister either
Vice-President of the Union or the Governor of any State or is a Minister either
for the Union or for any State.
67. Term of office of Vice-President.—The Vice-President shall hold
office for a term of five years from the date on which he enters upon his office
@ -294,9 +291,8 @@ Union extends;
conferred by law on any officer of the Armed Forces of the Union to suspend,
remit or commute a sentence passed by a Court Martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the Governor or Raj
pramukh
of a State under any law for the time being in force.
suspend, remit or commute a sentence of death exercisable by the Governor of a
State under any law for the time being in force.
30
@ -404,7 +400,7 @@ ist of—
(a) twelve members to be nominated by the President in accordance
with the provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of
the States.
the States and of the Union territories.
______________________________________________
1. See Notification No. S. O. 2297, dated the 3rd November, 1958, Gazette of Ind
@ -416,73 +412,53 @@ ia, Extraordinary,
THE CONSTITUTION OF INDIA
(2) The allocation of seats in the Council of States to be filled by
representatives of the States shall be in accordance
representatives of the States and of the Union territories shall be in accordanc
e
with the provisions in that behalf contained in the Fourth Schedule.
(3) The members to be nominated by the President under sub-clause (a)
of clause (1) shall consist of persons having special knowledge or practical
experience in respect of such matters as the following, namely:—
Literature, science, art and social service.
(4) The representatives of each State specified in Part A or Part B of the First
Schedule
in the Council of States shall be
(4) The representatives of each State in the Council of States shall be
elected by the elected members of the Legislative Assembly of the State in
accordance with the system of proportional representation by means of the
single transferable vote.
(5) The representatives of the States specified in Part of the First Schedule
in the Council of States
(5) The representatives of the Union territories in the Council of States
shall be chosen in such manner as Parliament may by law prescribe.
81. (1) (a) Subject to the provisions of clause (2) and
of articles 82 and 331, the House of the
People shall consist of not more than five
hundred members directly elected by the
voters in the States.
81. Composition of the House of the People.—(1) Subject to the
provisions of article 331,
the House of the People shall consist of—
(a) not more than five hundred members chosen by direct
election from territorial constituencies in the States, and
(b) not more than twenty members to represent the Union territories,
chosen in such manner as Parliament may by law provide.
(2) For the purposes of sub-clause (a) of clause (1),—
(a) there shall be allotted to each State a number of seats in the House
of the People in such manner that the ratio between that number and the
population of the State is, so far as practicable, the same for all States;
and
(b) each State shall be divided into territorial constituencies in such
manner that the ratio between the population of each constituency and
the number of seats allotted to it is, so far as practicable, the same
throughout the State:
(b) For the purpose of sub-clause (a), the States
shall be divided, grouped or formed into terri-
torial constituencies and the number of mem-
bers to be allotted to each such constituency
shall be so determined as to ensure that there
shall be not less than one member for every
750,000 of the population and not more than
one member for every 500,000 of the popu-
lation.
(3) In this article, the expression “population” means the population as
ascertained at the last preceding census of which the relevant figures have been
published:
(c) The ratio between the number of members
allotted to each territorial constituency and
the population of that constituency as ascer-
tained at the last preceding census of which
the relevant figures have been published shall,
so far as practicable, be the same throughout the
territory of India.
(2) The representation in the House of the People of
the territories comprised within the territory of India but
not included within any State shall be such as Parliament
may by law provide.
(3) Upon the completion of each census, the re-
presentation of the several territorial constituencies in the
House of the People shall be readjusted by such authority,
in such manner and with effect from such date as Parlia-
ment may by law determine :
Provided that such readjustment shall not affect
representation in the House of the People until the dissolu-
tion of the then existing House.
THE CONSTITUTION OF INDIA
34
82. Notwithstanding anything in clause (I) of article
81, Parliament may by law provide for the
representation in the House of the People
of any State specified in Part C of the First
Schedule or of any territories com-
prised within the territory of India but not included within
any State on a basis or in a manner other than that
provided in that clause.
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
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:
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
@ -717,10 +693,8 @@ Houses of Parliament and provision shall be made by Parliament by law for the
vacation by a person who is chosen a member of both Houses of his seat in one
House or the other.
(2) No person shall be a member both of Parliament and of a House of
the Legislature of a State specified in Part A or Part B of the First Schedule,
and if a person is chosen a member both of
Parliament and of a House of the Legislature of such a State, then, at the expir
ation
the Legislature of a State, and if a person is chosen a member both of
Parliament and of a House of the Legislature of a State, then, at the expiration
of such period as may be specified in rules made by the President, that personâ€
™s
seat in Parliament shall become vacant, unless he has previously resigned his
@ -1007,8 +981,7 @@ THE CONSTITUTION OF INDIA
Court which exercises jurisdiction in relation to any area included in
the territory of India or which at any time before the commencement
of this Constitution exercised jurisdiction in relation to any area
included in a Province corresponding to a State specified in Part A of the First
Schedule;
included in a Governor's Province of the Dominion of India;
(e) the salary, allowances and pension payable to or in respect of the
Comptroller and Auditor-General of India;
(f) any sums required to satisfy any judgment, decree or award of any
@ -1348,55 +1321,13 @@ the existence or extent of a legal right depends:
55
Provided that the said jurisdiction shall not extend to
Provided that the said jurisdiction shall not extend to a dispute arising
out of any treaty, agreement, covenant, engagement, sanad or other similar
instrument which, having been entered into or executed before the
commencement of this Constitution, continues in operation after such
commencement, or which provides that the said jurisdiction shall not extend to
such a dispute.
(i) a dispute to which a State specified in Part
B of the First Schedule is a party, if the
dispute arises out of any provision of a
treaty, agreement, covenant, engagement,
sanad or other similar instrument which
was entered into or executed before the
commencement of this Constitution and
has, or has been, continued in operation
after such commencement ;
(ii) a dispute to which any State is a party, if
the dispute arises out of any provision
of a treaty, agreement, covenant, en-
gagement, sanad or other similar instru-
ment which provides that the said juris-
diction shall not extend to such a
dispute.
NOTES
Original Jurisdiction of the Supreme Court : This Article deals
with the cases in which the Supreme Court will have original jurisdiction.
By 'jurisdiction' is meant "the authority which a Court has to decide
matters that are litigated before it or to take cognizance of matters pre-
sented in a formal way for its decision." (See Halsbury's Laws of
England). Under S. 75 of the Australian Constitution, jurisdiction in all
matters inter alia ; "between States or between residents of different
States or between a State and a resident of another State" is conferred on
the High Court of Australia which is the Federal Supreme Court for
Australia. Under Article III, S. 1 of the U. S. Constitution, there is a
similar provision : " the judicial power shall extend to divergence
between two or more States or between a State and citizens of another
State or between citizens of different States ". But under the
Constitution of India, it will be noted that the original jurisdiction of the
Supreme Court is exercisable only
(1) between the Government of India and one or more States ; or
(2) between the Government of India and any State or States on
one side and one or more other States on the other.
But this rule is, however, subject to the exceptions mentioned in the
proviso.
"The existence or extent of a legal right" : This phrase may be
paraphrased as a justiciable right. The test of a matter being justiciable
is : "Can it be sustained on any principle of law that can be invoked as
applicable ?" The expression 'legal right’ would seem also to include
equitable rights.
"A matter in order to be justiciable must be such that a controversy
of like nature could arise between individual persons and must be such
that it can be determined upon principles of law.
132. Appellate jurisdiction of Supreme Court in appeals from High
Courts in certain cases.— (1) An appeal shall lie to the Supreme Court from
@ -1558,12 +1489,10 @@ likely to arise, which is of such a nature and of such public importance that it
expedient to obtain the opinion of the Supreme Court upon it, he may refer the
question to that Court for consideration and the Court may, after such hearing
as it thinks fit, report to the President its opinion thereon.
(2) The President may, notwithstanding anything in clause (i) of the proviso to
article
131, refer a dispute of the kind mentioned in the said clause to the Supreme
(2) The President may, notwithstanding anything in the proviso to article
131, refer a dispute of the kind mentioned in the said proviso to the Supreme
Court for opinion and the Supreme Court shall, after such hearing as it thinks
fit, report to the President its opinion thereon.
144. Civil and judicial authorities to act in aid of the Supreme
Court.—All authorities, civil and judicial, in the territory of India shall ac
t in
@ -1709,8 +1638,7 @@ with the approval of the President, prescribe.
ndia relating to the accounts of the Union shall be submitted to the
President, who shall cause them to be laid before each House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating
to the accounts of a State shall be submitted to the Governor or
Rajpramukh of the State, who
to the accounts of a State shall be submitted to the Governor of the State, who
shall cause them to be laid before the Legislature of the State.

270
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@ -2,10 +2,12 @@ PART VI
THE STATES
CHAPTER I.—GENERAL
152. Definition.—In this Part, unless the context otherwise requires, the
expression “State” means a State specified in Part A of the First Schedule.
expression “State” does not include the State of Jammu and Kashmir.
CHAPTER II.—THE EXECUTIVE
The Governor
153. Governors of States.—There shall be a Governor for each State:
Provided that nothing in this article shall prevent the appointment of the
same person as Governor for two or more States.
154. Executive power of State.—(1) The executive power of the State
shall be vested in the Governor and shall be exercised by him either directly or
through officers subordinate to him in accordance with this Constitution.
@ -47,6 +49,9 @@ his official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law and,
until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
(3A) Where the same person is appointed as Governor of two or more
States, the emoluments and allowances payable to the Governor shall be allocated
among the States in such proportion as the President may by order determine.
(4) The emoluments and allowances of the Governor shall not be
diminished during his term of office.
159. Oath or affirmation by the Governor.—Every Governor and
@ -185,14 +190,13 @@ CHAPTER III.—THE STATE LEGISLATURE
General
168. Constitution of Legislatures in States.—(1) For every State there
shall be a Legislature which shall consist of the Governor, and—
(a) in the States of Bihar, Bombay,Madras, Punjab, The United Provinces and West
Bengal, two Houses;
(a) in the States of Andhra Pradesh, Bihar, 1[Madhya Pradesh],
Maharashtra, Karnataka, 2[Tamil Nadu] and Uttar Pradesh, two Houses;
(b) in other States, one House.
(2) Where there are two Houses of the Legislature of a State, one shall
be known as the Legislative Council and the other as the Legislative Assembly,
and where there is only one House, it shall be known as the Legislative
Assembly.
169. Abolition or creation of Legislative Councils in States.—(1)
Notwithstanding anything in article 168, Parliament may by law provide for the
abolition of the Legislative Council of a State having such a Council or for the
@ -206,48 +210,46 @@ provisions of the law and may also contain such supplemental, incidental and
consequential provisions as Parliament may deem necessary.
(3) No such law as aforesaid shall be deemed to be an amendment of this
Constitution for the purposes of article 368.
170. Composition of the Legislative Assemblies.—(1) Subject to the
provisions of article 333, the Legislative Assembly of each State shall consist
of not more than five hundred, and not less than sixty, members chosen by
direct election from territorial constituencies in the State.
______________________________________________
1.
170.(1) Subject to the provisions of article 333, the
No date has been appointed under s. 8(2) of the Constitution (Seventh Amendment)
Act, 1956, for the
insertion of the words “Madhya Pradesh” in this sub-clause.
2. Ins. by Act 16 of 2010, s. 3 (Date yet to be notified).
Legislative Assembly of each State shall
be composed of members chosen by direct
election.
69
(2) The representation of each territorial constituency
in the Legislative Assembly of a State shall be on the basis
of the population of that constituency as ascertained at the
last preceding census of which the relevant figures have
been published and shall, save in the case of the autonomous
districts of Assam and the constituency comprising the
cantonment and municipality of Shillong, be on a scale of
not more than one member for every seventy-five thousand
of the population :
THE CONSTITUTION OF INDIA
Provided that the total number of members in the
Legislative Assembly of a State shall in no case be more than
five hundred or less than sixty.
(2) For the purposes of clause (1), each State shall be divided into
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.
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.
(3) Upon the completion of each census, the total number of seats in the
Legislative Assembly of each State and the division of each State into territori
al
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:
(3) The ratio between the number of members to be
allotted to each territorial constituency in a State and the
population of that constituency as ascertained at the last
preceding census of which the relevant figures have been
published shall, so far as practicable, be the same through-
out the State.
(4) Upon the completion of each census, the repre-
sentation of the several territorial constituencies in the
Legislative Assembly of each State shall be readjusted by
such authority, in such manner and with effect from such
date as Parliament may by law determine :
Provided that such readjustment shall not affect repre-
sentation in the Legislative Assembly until the dissolution
of the then existing Assembly.
171. Composition of the Legislative Councils.—(1) The total number
of members in the Legislative Council of a State having such a Council shall
not exceed one fourth of the total number of members in the Legislative
not exceed one third of the total number of members in the Legislative
Assembly of that State:
Provided that the total number of members in the Legislative Council of
a State shall in no case be less than forty.
@ -1071,14 +1073,12 @@ President and assented to by him.
CHAPTER V.—THE HIGH COURTS IN THE STATES
214. High Courts for States.— (1)There shall be a High Court for each State.
(2) For the purposes of this Constitution the High
Court exercising jurisdiction in relation to any Province
immediately before the commencement of this Constitution
shall be deemed to be the High Court for the corresponding
State.
(3) The provisions of this Chapter shall apply to every
High Court referred to in this article.
214. High Courts for States.— There shall be a High Court for each State.
*
*
*
*
THE CONSTITUTION OF INDIA
89
@ -1089,17 +1089,23 @@ power to punish for contempt of itself.
216. Constitution of High Courts.—Every High Court shall consist of a
Chief Justice and such other Judges as the President may from time to time
deem it necessary to appoint.
Provided that the Judges so appointed shall at no
time exceed in number such maximum number as the
President may, from time to time, by order fix in relation
to that Court.
*
*
*
*
217. Appointment and conditions of the office of a Judge of a High
Court.—(1) Every Judge of a High Court shall be appointed by the President
by warrant under his hand and seal after consultation with the Chief Justice of
India, the Governor of the State, and, in the case of appointment of a Judge
other than the Chief Justice, the Chief Justice of the High Court, and
shall hold office until he attains the age of sixty years:
other than the Chief Justice, the Chief Justice of the High Court, and shall hol
d
office, in the case of an additional or acting Judge, as provided in article 224
,
and in any other case, until he attains the age of sixty years:
Provided that—
(a) a Judge may, by writing under his hand addressed to the
President, resign his office;
@ -1138,8 +1144,7 @@ in relation to a High Court as they apply in relation to the Supreme Court with
the substitution of references to the High Court for references to the Supreme
Court.
219. Oath or affirmation by Judges of High Courts.—Every person
appointed to be a Judge of a High Court in a State shall, before he enters upon
his office,
appointed to be a Judge of a High Court shall, before he enters upon his office,
make and subscribe before the Governor of the State, or some person appointed
in that behalf by him, an oath or affirmation according to the form set out for
the purpose in the Third Schedule.
@ -1148,18 +1153,14 @@ the purpose in the Third Schedule.
THE CONSTITUTION OF INDIA
220. No person who has held office as a Judge of a
High Court after the commencement of
this Constitution shall plead or act in any
authority by Judges. court or before any authority within the
territory of India.
NOTES
This Article is designed to prohibit retired Judges from practising
in any court or before any authority in the territory of India.
220. Restriction on practice after being a permanent Judge.—No
person who, after the commencement of this Constitution, has held office as a
permanent Judge of a High Court shall plead or act in any court or before any
authority in India except the Supreme Court and the other High Courts.
Explanation.—In this article, the expression “High Court” does not
include a High Court for a State specified in Part B of the First Schedule as it
existed before the commencement of the Constitution (Seventh Amendment)
Act, 1956.
221. Salaries, etc., of Judges.— (1) There shall be paid to the Judges of
each High Court such salaries as are specified in the
Second Schedule.
@ -1170,16 +1171,9 @@ such allowances and rights as are specified in the Second Schedule:
Provided that neither the allowances of a Judge nor his rights in respect
of leave of absence or pension shall be varied to his disadvantage after his
appointment.
222. Transfer of a Judge from one High Court to another.—(1) The
President may, after consultation with the Chief Justice of India, transfer a
Judge from one High Court to any other High Court within the territory of India.
(2) When a Judge is so transferred, he shall, during
the period he serves as a Judge of the other Court, be
entitled to receive in addition to his salary such compensatory
allowance as may be determined by Parliament by law and,
until so determined, such compensatory allowance as the
President may by order fix.
Judge from one High Court to any other High Court.
223. Appointment of acting Chief Justice.—When the office of Chief
Justice of a High Court is vacant or when any such Chief Justice is, by reason
@ -1192,27 +1186,19 @@ the President may appoint for the purpose.
THE CONSTITUTION OF INDIA
224. Notwithstanding anything in this Chapter, the
Attendance of retired chief Justice of a High Court for any
judges at sittings of High State may at any time, with the previous
Courts - consent of the President, request any
person who has held the office of a Judge of that Court or
of any other High Court to sit and act as a Judge of the
High Court for that State, and every such person so
requested shall, while so sitting and acting, be entitled to
such allowances as the President may by order determine
and have all the jurisdiction, powers and privileges of, but
shall not otherwise be deemed to be, a Judge of that High
Court :
Provided that nothing in this article shall be
deemed to require any such person as aforesaid to sit and
act as a Judge of that High Court unless he consents so to do.
NOTES
This Article is based on S. 8 of the Supreme Court of Judidature
(Consolidation) Act, 1925 (15 and 16 Geo, 5-Ch. 49). See also Article
128, ante.
224. Appointment of additional and acting Judges.—(1) If by reason
of any temporary increase in the business of a High Court or by reason of
arrears of work therein, it appears to the President that the number of the
Judges of that Court should be for the time being increased, the President may
appoint duly qualified persons to be additional Judges of the Court for such
period not exceeding two years as he may specify.
(2) When any Judge of a High Court other than the Chief Justice is by
reason of absence or for any other reason unable to perform the duties of his
office or is appointed to act temporarily as Chief Justice, the President may
appoint a duly qualified person to act as a Judge of that Court until the
permanent Judge has resumed his duties.
(3) No person appointed as an additional or acting Judge of a High
Court shall hold office after attaining the age of sixty years.
225. Jurisdiction of existing High Courts.—Subject to the provisions
of this Constitution and to the provisions of any law of the appropriate
@ -1303,9 +1289,7 @@ THE CONSTITUTION OF INDIA
Appointments of officers and servants of a High Court shall be made by the
Chief Justice of the Court or such other Judge or officer of the Court as he may
direct:
Provided that the Governor of the State in which the High Court has its principa
l seat
may by rule require that in such
Provided that the Governor of the State may by rule require that in such
cases as may be specified in the rule no person not already attached to the
Court shall be appointed to any office connected with the Court save after
consultation with the State Public Service Commission.
@ -1317,70 +1301,54 @@ some other Judge or officer of the Court authorised by the Chief Justice to
make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate
to salaries, allowances, leave or pensions, require the approval of the Governor
of the State in which the High Court has its principal seat.
of the State.
(3) The administrative expenses of a High Court, including all salaries,
allowances and pensions payable to or in respect of the officers and servants of
the Court, shall be charged upon the Consolidated Fund of the State, and any
fees or other moneys taken by the Court shall form part of that Fund.
230. Extension of jurisdiction of High Courts to Union territories.—
(1) Parliament may by law extend the jurisdiction of a High Court to, or
exclude the jurisdiction of a High Court from, any Union territory.
(2) Where the High Court of a State exercises jurisdiction in relation to a
Union territory,—
(a) nothing in this Constitution shall be construed as empowering the
Legislature of the State to increase, restrict or abolish that jurisdiction;
and
THE CONSTITUTION OF INDIA
230, Parliament may by law -
(a)extend the jurisdiction of a
High Court to, Or
(b) exclude the jurisdiction of a High Court from,
any State specified in the First Schedule other than, or any
area not within, the State in which the High Court has its
principal seat.
96
231. Where a High Court exercises jurisdiction in
relation to any area outside the State in
which it has its principal seat, nothing in
this Constitution shall be construed
( a ) as empowering the Legislature of
the State in which the Court has its
principal seat to increase, restrict or
abolish that jurisdiction ;
(b) the reference in article 227 to the Governor shall, in relation to
any rules, forms or tables for subordinate courts in that territory, be
construed as a reference to the President.
231. Establishment of a common High Court for two or more
States.—(1) Notwithstanding anything contained in the preceding provisions of
this Chapter, Parliament may by law establish a common High Court for two or
more States or for two or more States and a Union territory.
(2) In relation to any such High Court,—
(a) the reference in article 217 to the Governor of the State shall
be construed as a reference to the Governors of all the States in relation
to which the High Court exercises jurisdiction;
(b) the reference in article 227 to the Governor shall, in relation to
any rules, forms or tables for subordinate courts, be construed as a
reference to the Governor of the State in which the subordinate courts
are situate; and
(c) the references in articles 219 and 229 to the State shall be
construed as a reference to the State in which the High Court has its
principal seat:
Provided that if such principal seat is in a Union territory, the references
in articles 219 and 229 to the Governor, Public Service Commission,
Legislature and Consolidated Fund of the State shall be construed respectively
as references to the President, Union Public Service Commission, Parliament
and Consolidated Fund of India.
*
(b) as empowering the Legislature of a State
specified in Part A or Part B of the First
Schedule in which any such area is situate, to
abolish that jurisdiction ; or
(c) as preventing the Legislature having power to
make laws in that behalf for any such area,
from passing, subject to the provisions of
clause (6), such laws with respect to the
jurisdiction of the Court in relation to that
area as it would be competent to pass if the
principal seat of the Court were in that area.
232. Where a High Court exercises jurisdiction in
relation to more than one State specified
in the First Schedule or in relation to a
State and an area not forming part of the State—
(a) references in this Chapter to the Governor in
relation to the Judges of High Court shall
be construed as references to the Governor
of the State in which the Court has its
principal seat ;
(b) the reference to the approval by the Governor
of rules, forms and tables for subordinate
courts shall be construed as a reference to the
approval thereof by the Governor or the
Rajpramukh of the State in which the sub-
ordinate court is situate, or if it is situate in
an area not forming part of any State specified
in Part A or Part B of the First Schedule, by
the President ; and
(c) references to the Consolidated Fund of the
State shall be construed as references to the
Consolidated Fund of the State in which the
Court has its principal seat.
*
*
*
CHAPTER VI.—SUBORDINATE COURTS
233. Appointment of district judges.—(1) Appointments of persons to

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@ -1,143 +1,6 @@
THE STATES IN PART B OF THE FIRST SCHEDULE
PART VII.—[The States in Part B of the First Schedule]. Rep.
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
238. The provisions of Part VI shall apply in relation
to the States specified in Part B of the
First Schedule as they apply in relation
to the States specified in Part A of that
Schedule subject to the following modi-
fications and omissions, namely :
99
(1) For the word "Governor" wherever it occurs in
the said Part VI, except where it occurs for the second
time in clause (6) of article 232, the word "Rajpramukh"
shall be substituted.
(2) In article 152, for the word and letter "Part A"
the word and letter "Part B” shall be substituted.
(3) Articles 155, 156 and 157 shall be omitted.
(4) In article 158,
(i) in clause (1), for the words "be appointed"
the word "becomes" shall be substituted ;
(ii) for clause (3), the following clause shall be
substituted, namely :
"(3) The Rajpramukh shall, unless he has
his own residence in the principal seat
of Government of the State, be entitled
without payment of rent to the use of
an official residence and shall be also
entitled to such allowances and privileges
as the President may, by general or
special order, determine." ;
(iii) in clause (4), the words "emoluments and"
shall be omitted.
(5) In article 159, after the words "seniormost Judge
of that Court available" the words "or in such other manner
as may be prescribed in that behalf by the President"
shall be inserted.
(6) In article 164, for the proviso to clause (1) the
following proviso shall be substituted, namely :
"Provided that in the State of Madhya Bharat there
shall be a Minister in charge of tribal welfare
who may in addition be in charge of the
welfare of the Scheduled Castes and backward
classes for any other work."
(7) In article 168, for clause (1) the following clause
shall be substituted, namely :
"(1) For every State there shall be a Legislature which
shall consist of the Rajpramukh and
(a) in the State of Mysore, two Houses ;
(b) in other States, one House."
(8) In article 186, for the words "as are specified in
the Second Schedule" the words "as the Rajpramukh may
determine" shall be substituted.
(9) In article 195, for the words "as were imme-
diately before the commencement of this Constitution
applicable in the case of members of the Legislative
Assembly of the corresponding Province" the words "as
the Rajpramukh may determine" shall be substituted.
(10) In clause (3) of article 202
(i) for sub-clause (a), the following sub-clause
shall be substituted, namely :
“(a) the allowances of the Rajpramukh and
other expenditure relating to his office
as determined by the President by
general or special order ;"
(ii) for sub- clause (f) the following sub-clauses
shall be substituted, namely :
“(f) in the case of the State of Travaneore-
Cochin, a sum of fifty-one lakhs of
rupees required to be paid annually to
the Devaswom fund under the covenant
entered into before the commencement
of this Constitution by the Rulers of
the Indian States of Travancore and
Cochin for the formation of the United
State of Kerala ;
(g) any other expenditure declared by this
Constitution, or by the Legislature of
the State by law, to be so charged.' 1
(11) In article 208, for clause (2), the following clause
shall be substituted, namely :
"(2) Until rules are made under clause (1), the rules
of procedure and standing orders in force imme-
diately before the commencement of this Consti-
tution with respect to the Legislature for the
State or, where no House of the Legislature for
the State existed, the rules of procedure and
standing orders in force immediately before such
commencement with respect to the Legislative
Assembly of such Province as may be specified in
that behalf by the Rajpramukh of the State, shall
have effect in relation to the Legislature of the
State subject to such modifications and adaptations
as may be made therein by the Speaker of the Legis-
lative Assembly or the Chairman of the Legislative
Council, as the case may be."
(12) In clause (2) of article 214, for the word "Province"
the words "Indian State" shall be substituted.
(13) For article 221, the following article shall be sub-
stituted, namely :
221. (1) There shall be paid to the
Judges of each High Court such salaries
as may be determined by the President
after consultation with the Rajpramukh.
(2) Every Judge shall be entitled to such allowances
and to such rights in respect of leave of
absence and pension as may from time to
time be determined by or under law made by
Parliament and, until so determined, to such
allowances and rights as may be determined by
the President after consultation with the Raj-
pramukh :
Provided that neither the allowances of a Judge nor
his rights in respect of leave of absence or pension
shall be varied to his disadvantage after his
appointment.”

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@ -1,78 +1,61 @@
PART VIII
THE STATES IN PART C OF THE FIRST SCHEDULE
239. (1) Subject to the other provisions of this Part,
a State specified in Part C of the First
Schedule shall be administered by the
President acting, to such extent as he
thinks fit, through a Chief Commissioner or a Lieutenant-
Governor to be appointed by him or through the Govern-
ment of a neighbouring State :
Provided that the President shall not act through the
Government of a neighbouring State save after-
(a) consulting the Government concerned ; and
(b) ascertaining in such manner as the President con-
siders most appropriate the views of the people of
the State to be so administered,
(2) In this article, references to a State shall include
references to a part of a State.
240. (1) Parliament may by law create or continue for
any State specified in Part C of the
First Schedule and administered through
a Chief Commissioner or Lieutenant- Governor
(a) a body, whether nominated, elected or partly
nominated and partly elected, to function as
a Legislature for the State ; or
(b) a Council of Advisors or Ministers,
or both with such constitution, powers and functions,
in each case, as may be specified in the law.
(2) Any such law as is referred to in clause (1) shall
not be deemed to be an amendment of this Constitution
for the purposes of article 368 notwithstanding that it
contains any provision which amends or has the effect of
amending the Constitution.
THE UNION TERRITORIES
239. Administration of Union territories.—(1) Save as otherwise
provided by Parliament by law, every Union territory shall be administered by
the President acting, to such extent as he thinks fit, through an administrator
to
be appointed by him with such designation as he may specify.
(2) Notwithstanding anything contained in Part VI, the President may
appoint the Governor of a State as the administrator of an adjoining Union
territory, and where a Governor is so appointed, he shall exercise his functions
as such administrator independently of his Council of Ministers.
THE CONSTITUTION OF INDIA
103
240. Power of President to make regulations for certain Union
territories.—(1) The President may make regulations for the peace, progress
and good government of the Union territory of—
(a) the Andaman and Nicobar Islands;
104
THE CONSTITUTION OF INDIA
(b) Lakshadweep;
(2) Any regulation so made may repeal or amend any Act made by
Parliament or any existing law, which is for the time being applicable to the Un
ion
territory and, when promulgated by the President, shall have the same force and
effect as an Act of Parliament which applies to that territory.
241. High Courts for Union territories—(1) Parliament may by law
constitute a High Court for a State specified in Part C of the First Schedule
or declare any court in any such
State to be a High Court for all or any of the purposes of this Constitution.
constitute a High Court for a Union territory or declare any court in any such
territory to be a High Court for all or any of the purposes of this Constitution
.
(2) The provisions of Chapter V of Part VI shall apply in relation to
every High Court referred to in clause (1) as they apply in relation to a High
Court referred to in article 214 subject to such modifications or exceptions as
Parliament may by law provide.
(3) Subject to the provisions of this Constitution and
to the provisions of any law of the appropriate Legislature
made by virtue of powers conferred on that Legislature by
or under this Constitution, every High Court exercising
jurisdiction immediately before the commencement of this
Constitution in relation to any State specified in Part C
of the First Schedule or any area included therein shall
continue to exercise such jurisdiction in relation to that
State or area after such commencement.
(3) Subject to the provisions of this Constitution and to the provisions of
any law of the appropriate Legislature made by virtue of powers conferred on
that Legislature by or under this Constitution, every High Court exercising
jurisdiction immediately before the commencement of the Constitution
(Seventh Amendment) Act, 1956, in relation to any Union territory shall
continue to exercise such jurisdiction in relation to that territory after such
commencement.
(4) Nothing in this article derogates from the power
of Parliament to extend or exclude the jurisdiction of a
High Court in any State specified in Part A or Part B of the
First Schedule to or from, any State specified in Part C
of that Schedule or any area included within that State.
105
THE CONSTITUTION OF INDIA
242. Coorg-(1) Until Parliament by law otherwise provides,
the constitution, powers and functions of
the Coorg Legislative Council shall be the
same as they were immediately before the commencement
of this Constitution.
(4) Nothing in this article derogates from the power of Parliament to
extend or exclude the jurisdiction of a High Court for a State to, or from, any
Union territory or part thereof.
242. [Coorg.] Rep. by the Constitution (Seventh Amendment) Act, 1956,
s. 29 and Sch.
(2) The arrangements with respect to revenues col-
lected in Coorg and expenses in respect of Coorg shall, until
other provision is made in that behalf by the President by
order, continue unchanged.

165
SCHEDULE1.txt
View File

@ -1,93 +1,90 @@
FIRST SCHEDULE
I. THE STATES
(Articles 1, 4 and 391)
---------------------------------------------------------------------- Name Terr
itories ---------------------------------------------------------------------- 1
. Andhra Pradesh..... The territories specified in sub-section (1) of section 3
of the Andhra State Act, 1953 and the territories specified in sub-section (1) o
f section 3 of the States Reorganisation Act, 1956.
The States and the territories of India
2. Assam..............The territories which immediately before the commencement
of this Constitution were comprised in the Province of Assam, the Khasi States a
nd the Assam Tribal Areas, but excluding the territories specified in the Schedu
le to the Assam (Alteration of Boundaries) Act, 1951.
3. Bihar.............. The territories which immediately before the commencement
of this Constitution were either comprised in the Province of Bihar or were bei
ng administered as if they formed part of that Province, but excluding the terri
tories specified in sub-section (1) of section 3 of the Bihar and West Bengal (T
ransfer of Territories) Act, 1956.
PART A
Name Territories
1. Andhra Pradesh... The territories specified in sub- section (1) of section 3
of the Andhra State Act, 1953, and the territories specified in sub- section (1)
of section 3 of the States Reorganisation Act, 1956.
4. Bombay............ The territories specified in sub-section (1) of section 8
of the States Reorganisation Act, 1956.
5. Kerala ...........The territories specified in sub-section (1) of section 5 o
f the States Reorganisation Act, 1956.
2. Assam...... The territories which immediately before the commencement of this
Constitution were comprised in the Province of Assam, the Khasi States and the
Assam Tribal Areas, but excluding the terri- tories specified in the Schedule to
the Assam (Alteration of Boundaries) Act, 1951.
The territory of the State of Bihar shall comprise the territories which immedia
tely before the commencement of this Constitution were either comprised in the P
rovince of Bihar or were being administered as if they formed part of that Provi
nce, but shall not include the territories specified in sub- section (1) of sect
ion 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956 . The ter
ritory of the State of West Bengal shall comprise the territories which immediat
ely before the commencement of this Constitution were either comprised in the Pr
ovince of West Bengal or were being administered as if they formed part of that
Province and the territory of Chandernagore as defined in clause (c) of section
2 of the Chandernagore (Merger) Act, 1954 , and also the territories specified i
n sub- section (1) of section 3 of the Bihar and West Bengal (Transfer of Territ
ories) Act, 1956 .
6. Madhya Pradesh....The territories specified in sub-section (1) of section 9 o
f the States Reorganisation Act, 1956.
3. Bihar...... The territories which immediately before the commencement of this
Constitution were either comprised in the Province of Bihar or were being admin
istered as if they formed part of that Province. 1. The word and letter" Part. A
" omitted by the Adaptation of Laws (No. 1) Order, 1956.
4. Bombay..... The territories specified in sub- section (1) of section 8 of the
States Reorgan- isation Act, 1956.
5. Kerala..... The territories specified in sub- section (1) of section 5 of the
States Reorgan- isation Act, 1956.
6. Madhya Pradesh... The territories specified in sub- section (1) of section 9
of the States Reorgan- isation Act, 1956.
7. Madras..... The territories which immediately before the commencement of this
Constitution were either comprised in the Province of Madras or were being admi
nistered as if they formed part of that Province and the territories specified i
n section 4 of the States Reorganisation Act, 1956, but excluding the territorie
s specified in sub- section (1) of section 3 and sub- section (1) of section 4 o
f the Andhra State Act, 1953, and the territo- ries specified in clause (b) of s
ub- section (1) of section 5, section 6 and clause (d) of sub- section (1) of se
7. Madras............ The territories which immediately before the commencement
of this Constitution were either comprised in the Province of Madras or were bei
ng administered as if they formed part of that Province and the territories spec
ified in section 4 of the States Reorganisation Act, 1956, but excluding the ter
ritories specified in sub-section (1) of section 3 and sub-section (1) of sectio
n 4 of the Andhra State Act, 1953 and the territories specified in clause (b) of
sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of se
ction 7 of the States Reorganisation Act, 1956.
8. Mysore..... The territories specified in sub- section (1) of section 7 of the
States Reogani- sation Act, 1956.
9. Orissa..... The territories which immediately before the commencement of this
Constitution were either comprised in the Province of Orissa or were being admi
nistered as if they formed part of that Province.
10. Punjab..... The territories specified in section 11 of the States Reorganisa
tion Act, 1956.
11. Rajasthan.... The territories specified in section 10 of the States Reorgani
sation Act, 1956.
12. Uttar Pradesh... The territories which immediately before the commencement o
f this Constitution were either comprised in the Province known as the United Pr
ovinces or were being administered as if they formed part of that Province.
13. West Bengal.... The territories which immediately before the commencement of
this Constitution were either comprised in the Province of West Bengal or were
being administered as if they formed part of that Province.
8. Mysore............ The territories specified in sub-section (1) of section 7
of the States Reorganisation Act, 1956.
9. Orissa............ The territories which immediately before the commencement
of this Constitution were either comprised in the Province of Orissa or were bei
ng administered as if they formed part of that Province.
10. Punjab........... The territories specified in section 11 of the States Reor
ganisation Act, 1956.
11. Rajasthan........ The territories specified in section 10 of the States Reor
ganisation Act, 1956.
12. Uttar Pradesh.. The territories which immediately before the commencement of
this Constitution were either comprised in the Province known as the United Pro
vinces or were being administered as if they formed part of that Province.
13. West Bengal..... The territories which immediately before the commencement o
f this Constitution were either comprised in the Province of West Bengal or were
being administered as if they formed part of that Province and the territory of
Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merge
r) Act, 1954, and also the territories specified in sub-section (1) of section 3
of the Bihar and West Bengal (Transfer of Territories) Act, 1956.
14. Jammu and........ The territory which immediately before the Kashmir commenc
ement of this Constitution was comprised in the Indian State of Jammu and Kashmi
r.
II. THE UNION TERRITORIES
---------------------------------------------------------------------- Name Exte
nt ---------------------------------------------------------------------- 1. Del
hi............. The territory which immediately before the commencement of this
Constitution was comprised in the Chief Commissioner's Province of Delhi.
2. Himachal...........The territories which immediately before the Pradesh comme
ncement of this Constitution were being administered as if they were Chief Com-
missioner's Provinces under the names of Himachal Pradesh and Bilaspur.
3. Manipur............ The territory which immediately before the commencement o
f this Constitution was being administered as if it were a Chief Com- missioner'
s Province under the name of Manipur.
4. Tripura............The territory which immediately before the commencement of
this Constitution was being administered as if it were a Chief Commissioner's P
rovince under the name of Tripura.
5. The Andaman and....The territory which immediately before the Nicobar Islands
commencement of this Constitution was compri- sed in the Chief Commissioner's P
rovince of the Andaman and Nicobar Islands.
6. The Laccadive,.....The territory specified in section 6 of the Minicoy and St
ates Reorganisation Act, 1956.". Amindivi Islands.
PART B Name Territory
1. Jammu and Kashmir.. The territory which immediately before the commencement o
f this Constitution was comprised in the Indian State of Jammu and Kashmir.
PART C Name Territory
1. Delhi...... The territory which immediately before the commencement of this C
onstitution was comprised in the Chief Commissioner' s Province of Delhi.
2. Himachal Pradesh.. The territories which immediately before the commencement
of the Himachal Pradesh and Bilaspur (New State) Act, 1954, were comprised in th
e States of Himachal Pradesh and Bilaspur.
3. Manipur..... The territory which immediately before the commencement of this
Constitution was be- ing administered as if it were a Chief Commissioner' s Prov
ince under the name of Manipur.
4. Tripura..... The territory which immediately before the commencement of this
Constitution was being administered as if it were a Chief Commissioner' s Provin
ce under the name of Tripura.
5. The Laccadive, Minic- The territory specified in section 6 of the oy and Admi
ndivi States Reorganisation Act, 1956 ." Islands.
PART D
The Andaman and Nicobar Islands.

123
SCHEDULE2.txt
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@ -1,10 +1,8 @@
SECOND SCHEDULE
[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221]
PART A
PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES SPECIFIED IN PART A O
F THE FIRST SCHEDULE
1. There shall be paid to the President and to the Governors of the States speci
fied in Part A of the First Schedule
PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES
1. There shall be paid to the President and to the Governors of the States
the following emoluments per mensem, that is to say:—
The President
……
@ -13,11 +11,10 @@ The President
5,500 rupees**.
The Governor of a State
2. There shall also be paid to the President and to the Governors of the
States so specified such allowances as were payable respectively to the Governor
-General
States such allowances as were payable respectively to the Governor-General
of the Dominion of India and to the Governors of the corresponding Provinces
immediately before the commencement of this Constitution.
3. The President and the Governors of such States throughout their respective
3. The President and the Governors of the States throughout their respective
terms of office shall be entitled to the same privileges to which the GovernorGe
neral and the Governors of the corresponding Provinces were respectively
entitled immediately before the commencement of this Constitution.
@ -26,34 +23,18 @@ functions of, or is acting as, President, or any person is discharging the
functions of the Governor, he shall be entitled to the same emoluments,
allowances and privileges as the President or the Governor whose functions he
discharges or for whom he acts, as the case may be.
PABT B
Provisions as to the Ministers for the Union and for the States in
Part A and Part B of the First Schedule
5. There shall be paid to the Prime Minister and to
each of the other Ministers for the Union such salaries and
allowances as were payable respectively to the Prime Minister
and to each of the other Ministers for the Dominion of India
immediately before the commencement of this Constitution.
6 There shall be paid to the Ministers for any State
specified in Part A or Part B of the First Schedule such
salaries and allowances as were payable to such Ministers
for the corresponding Province or the corresponding Indian
State, as the case may be, immediately before the com-
mencement of this Constitution.
*
*
*
*
*
PART C
PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE
OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
OF THE COUNCIL OF STATES AND THE SPEAKER AND THE
DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY OF A STATE IN PART A OF THE FIRST SCH
EDULE
DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY
AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
OF THE LEGISLATIVE COUNCIL OF ANY SUCH STATE
OF THE LEGISLATIVE COUNCIL OF A STATE
7. There shall be paid to the Speaker of the House of the People and the
Chairman of the Council of States such salaries and allowances as were payable
@ -74,9 +55,8 @@ Chairman of the Council of States such salaries and allowances as were payable
to the Deputy Speaker of the Constituent Assembly of the Dominion of India
immediately before such commencement.
8. There shall be paid to the Speaker and the Deputy Speaker of the
Legislative Assembly of a State specified in Part A of the First Schedule
and to the Chairman and the Deputy Chairman of the
Legislative Council of such State such salaries and allowances as were payable
Legislative Assembly and to the Chairman and the Deputy Chairman of the
Legislative Council of a State such salaries and allowances as were payable
respectively to the Speaker and the Deputy Speaker of the Legislative
Assembly and the President and the Deputy President of the Legislative
Council of the corresponding Province immediately before the commencement
@ -86,7 +66,7 @@ Chairman and the Deputy Chairman of the Legislative Council of the State
such salaries and allowances as the Governor of the State may determine.
PART D
PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE
HIGH COURTS in States in PART A of the FIRST Schedule
HIGH COURTS
9. (1) There shall be paid to the Judges of the Supreme Court, in respect of tim
e
spent on actual service, salary at the following rates per mensem, that is to sa
@ -102,7 +82,25 @@ appointment is in receipt of a pension (other than a disability or wound
pension) in respect of any previous service under the Government of India or
any of its predecessor Governments or under the Government of a State or any
of its predecessor Governments, his salary in respect of service in the Supreme
Court shall be reduced by the amount of that pension.
Court shall be reduced—
(a) by the amount of that pension, and
(b) if he has, before such appointment, received in lieu of a portion of
the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and
______________________________________________
*
**
Now 1,00,000 rupees, vide Act 23 of 2009, s. 8 (w.e.f. 1-1-2006).
Now 90,000 rupees, vide s.8, ibid. (w.e.f. 1-1-2006).
226
THE CONSTITUTION OF INDIA
(c) if he has, before such appointment, received a retirement gratuity in
respect of such previous service, by the pension equivalent of that gratuity.
(2) Every Judge of the Supreme Court shall be entitled without payment
of rent to the use of an official residence.
(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge
@ -129,14 +127,37 @@ connection with travelling as the President may from time to time prescribe.
and pension of the Judges of the Supreme Court shall be governed by the
provisions which, immediately before the commencement of this Constitution,
were applicable to the Judges of the Federal Court.
10.(1) There shall be paid to the Judges of the High
Court of each State specified in Part A of the First Schedule,
in respect of time spent on actual service, salary at the follow-
ing rates per mensem, that is to say : >
10. (1) There shall be paid to the Judges of High Courts, in respect of time
spent on actual service, salary at the following rates per mensem, that is to sa
y,—
The Chief Justice
..
4,000 rupees *
..
3,500 rupees **
Any other Judge
The Chief Justice . . . . .. 4,000 rupees
Any other Judge . . . . . . 3,500 rupees
______________________________________________
* Now 90,000 rupees, vide Act 23 of 2009, s. 2 (w.e.f. 1-1-2006).
** Now 80,000 rupees, vide s. 2, ibid. (w.e.f. 1-1-2006).
227
THE CONSTITUTION OF INDIA
Provided that if a Judge of a High Court at the time of his appointment is in
receipt of a pension (other than a disability or wound pension) in respect of an
y
previous service under the Government of India or any of its predecessor
Governments or under the Government of a State or any of its predecessor
Governments, his salary in respect of service in the High Court shall be reduced
—
(a) by the amount of that pension, and
(b) if he has, before such appointment, received in lieu of a portion of
the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity in
respect of such previous service, by the pension equivalent of that gratuity.
(2) Every person who immediately before the commencement of this
Constitution—
(a) was holding office as the Chief Justice of a High Court in any
@ -153,18 +174,16 @@ in
the said sub-paragraph as special pay an amount equivalent to the difference
between the salary so specified and the salary which he was drawing
immediately before such commencement.
(3) Every Judge of a High Court shall receive such
reasonable allowances to reimburse him for expenses incurred
in travelling on duty within the territory of India and shall
be afforded such reasonable facilities in connection with travel-
ling as the President may from time to time prescribe.
(3) Any person who, immediately before the commencement of the
Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief
Justice of the High Court of a State specified in Part B of the First Schedule
and has on such commencement become the Chief Justice of the High Court of
a State specified in the said Schedule as amended by the said Act, shall, if he
was immediately before such commencement drawing any amount as
allowance in addition to his salary, be entitled to receive in respect of time
spent on actual service as such Chief Justice, the same amount as allowance in
addition to the salary specified in sub-paragraph (1) of this paragraph.
(4) The rights in respect of leave of absence (including
leave allowances) and pension of the Judges of the High Court
of any State shall be governed by the provisions which,
immediately before the commencement of this Constitution,
were applicable to the Judges of the High Court in the cor-
responding Province.
228
THE CONSTITUTION OF INDIA

190
SCHEDULE4.txt
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@ -1,33 +1,167 @@
FOURTH SCHEDULE
FOURTH SCHEDULE
[Articles 4(1) and 80(2)]
Allocation of seats in the Council of States
To each State or Union territory specified in the first column of the
following table, there shall be allotted the number of seats specified in the
second column thereof opposite to that State or that Union territory, as the cas
e
may be:
TABLE
1.
[Article 4 (l), 80 (2) and 391]
Allocation of seats in the Council of Stales
Andhra Pradesh .………………………..................….
To each State or group of States specified in the first
column cf the table of seats appended to this Schedule there
shall be allotted the number of seats specified in the second
column of the said table opposite to that State or group of
States, as the case may be.
18
TABLE OF SEATS
2.
1. Andhra Pradesh . . . . . . . . . . 18
2. Assam . . . . . . . . . . . . . 6
3. Bihar . . . . . . . . . . . . . 22
4. Bombay . . . . . . . . . . . . . 27
5. Kerala . . . . . . . . . . . . . 9
6. Madhya Pradesh . . . . . . . . . . 16
7. Madras . . . . . . . . . . . . 17
8. Mysore . . . . . . . . . . . . 12
9. Orissa . . . . . . . . . . . . 9
10. Punjab . . . . . . . . . . . . 11
11. Rajasthan . . . . . . . . . . . 10
12. Uttar Pradesh . . . . . . . . . . 31
13. West Bengal . . . . . . . . . . . 16
14. Jammu and Kashmir . . . . . . . . . 4
15. Delhi . . . . . . . . . . . . . 1
16. Himachal Pradesh . . . . . . . . . 1
17. Manipur| . . . . . . . . . . . . 1
18. Tripura . . . . . . . . . . . . .
Assam....................................………………………….
------- 211”. -------
7
3.
Bihar.....................................................….…………….
16
4.
Jharkhand …..………………………………………….
6
5.
Goa............................................…....…………………..
1
6.
Gujarat................................................………………….
11
7.
Haryana.................................................………………..
5
8.
Kerala.......................................................................…
..
9
9.
Madhya Pradesh ……………….………………………
11
10.
Chhattisgarh ……………………………………………
5
11.
Tamil Nadu ……………………..………………………
18
12.
Maharashtra ………………….………………..………..
19
13.
Karnataka ……………..…………………………..…….
12
14.
Odisha…………………………………………..….……
10
15.
Punjab ……………………………………..……………
7
16.
Rajasthan ……………………………………………….
10
17.
Uttar Pradesh ………………………..……………....….
31
18.
Uttarakhand …………………………………………….
3
19.
West Bengal …………………………………………….
16
233
234
20.
21.
22.
23.
24.
25.
26.
27.
28.
THE CONSTITUTION OF INDIA
Jammu and Kashmir ……………………………………
Nagaland ………………………………………………..
Himachal Pradesh ………………………………………
Manipur ………………………..……………………….
Tripura …………………………………………………
Meghalaya …………………………..………………….
Mizoram ……………..…………………………………
Arunachal Pradesh ……………………………..………
Delhi
…………………………………………………………
Total
4
1
3
1
1
1
1
1
3
1
225

25
SCHEDULE5.txt
View File

@ -5,13 +5,12 @@ Scheduled Tribes
PART A
GENERAL
1. Interpretation.—In this Schedule, unless the context otherwise
requires, the expression “State” means a State specified in Part A or Part B
of the First Schedule but
does not include the States of Assam and Meghalaya.
requires, the expression “State” does not include the States of Assam and Me
ghalaya.
2. Executive power of a State in Scheduled Areas.—Subject to the
provisions of this Schedule, the executive power of a State extends to the
Scheduled Areas therein.
3. Report by the Governor or Rajpramukh to the President regarding the
3. Report by the Governor to the President regarding the
administration of Scheduled Areas.—The Governor of each State having
Scheduled Areas therein shall annually, or whenever so required by the President
,
@ -33,16 +32,14 @@ Tribes Advisory Council to be filled by such representatives, the remaining
seats shall be filled by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such
matters pertaining to the welfare and advancement of the Scheduled Tribes in
the State as may be referred to them by the Governor or Rajpramukh, as the case
may be.
the State as may be referred to them by the Governor.
235
236
THE CONSTITUTION OF INDIA
(3) The Governor or Rajpramukh may make rules prescribing or regulating, as the
case
(3) The Governor may make rules prescribing or regulating, as the case
may be,—
(a) the number of members of the Council, the mode of their
appointment and the appointment of the Chairman of the Council and of
@ -50,16 +47,14 @@ the officers and servants thereof;
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters.
5. Law applicable to Scheduled Areas.—(1) Notwithstanding anything
in this Constitution, the Governor or Rajpramukh, as the case may be, may by pub
lic notification direct that any
in this Constitution, the Governor may by public notification direct that any
particular Act of Parliament or of the Legislature of the State shall not apply
to
a Scheduled Area or any part thereof in the State or shall apply to a Scheduled
Area or any part thereof in the State subject to such exceptions and
modifications as he may specify in the notification and any direction given
under this sub-paragraph may be given so as to have retrospective effect.
(2) The Governor or Rajpramukh, as the case may be, may make regulations for the
peace and good
(2) The Governor may make regulations for the peace and good
government of any area in a State which is for the time being a Scheduled Area.
In particular and without prejudice to the generality of the foregoing
power, such regulations may—
@ -71,8 +66,7 @@ Tribes in such area;
persons who lend money to members of the Scheduled Tribes in such
area.
(3) In making any such regulation as is referred to in sub-paragraph (2)
of this paragraph, the Governor or Rajpramukh may repeal or amend any Act of Par
liament or
of this paragraph, the Governor may repeal or amend any Act of Parliament or
of the Legislature of the State or any existing law which is for the time being
applicable to the area in question.
(4) All regulations made under this paragraph shall be submitted
@ -83,8 +77,7 @@ forthwith to the President and, until assented to by him, shall have no effect.
THE CONSTITUTION OF INDIA
(5) No regulation shall be made under this paragraph unless the
Governor or the Rajpramukh making the regulation has, in the case where there is
a Tribes
Governor making the regulation has, in the case where there is a Tribes
Advisory Council for the State, consulted such Council.
PART C
SCHEDULED AREAS

33
SCHEDULE6.txt
View File

@ -982,34 +982,15 @@ namely: —
“Provided that nothing in this paragraph shall apply to the Bodoland Territori
al Areas District.”.
18. Application of the provisions of this Schedule to
areas specified in Part B of the table appended to para*
graph 20. (1) The Governor may
THE CONSTITUTION OF INDIA
(a) subject to the previous approval of the
President, by public notification, apply all or
any of the foregoing provisions of this
Schedule to any tribal area specified in Part B
of the table appended to paragraph 20 of this
Schedule or any part of such area and there-
upon such area or part shall be administered
in accordance with such provisions, and
(b) with like approval, by public notification,
exclude from the said table any tribal area
specified in Part B of that table or any part of
such area.
(2) Until a notification is issued under sub-paragraph
(1) of this paragraph in respect of any tribal area specified
in Part B of the said table or any part of such area, the
administration of such area or part thereof, as the case may
be, shall be carried on by the President through the
Governor of Assam as his agent and the provisions of Part
IX shall apply thereto as if such area or part thereof were
a territory specified in Part D of the First Schedule.
(3) In the discharge of his functions under sub-para-
graph (2) of this paragraph as the agent of the President
the Governor shall act in his discretion.
258
*
*
*
*
*
19. Transitional provisions.—(1) As soon as possible after the
commencement of this Constitution the Governor shall take steps for the
constitution of a District Council for each autonomous district in the State

41
SCHEDULE7.txt
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@ -73,11 +73,14 @@ waterways in mechanically propelled vessels.
31. Posts and telegraphs; telephones, wireless, broadcasting and other like
forms of communication.
32. Property of the Union and the revenue therefrom, but as regards
property situated in a State specified in Part A or Part B of the First Schedule
subject to legislation by the State, save in so far as
property situated in a State subject to legislation by the State, save in so far
as
Parliament by law otherwise provides.
33. Acquisition or requisitioning of property for the
purposes of the Union.
*
*
*
*
*
34. Courts of wards for the estates of Rulers of Indian States.
35. Public debt of the Union.
36. Currency, coinage and legal tender; foreign exchange.
@ -155,7 +158,7 @@ of crime.
66. Co-ordination and determination of standards in institutions for higher
education or research and scientific and technical institutions.
67. Ancient and historical monuments and records, and archaeological
sites and remains, declared by Parliament by law to be of
sites and remains, declared by or under law made by Parliament to be of
national importance.
68. The Survey of India, the Geological, Botanical, Zoological and
Anthropological Surveys of India; Meteorological organisations.
@ -192,9 +195,8 @@ THE CONSTITUTION OF INDIA
except provisions as to officers and servants of High Courts; persons entitled t
o
practise before the High Courts.
79. Extension of the jurisdiction of a High Court having its principal seat in a
ny State to, and exclusion of the
jurisdiction of any such High Court from, any area outside that State.
79. Extension of the jurisdiction of a High Court to, and exclusion of the
jurisdiction of a High Court from, any Union territory.
80. Extension of the powers and jurisdiction of members of a police force
belonging to any State to any area outside that State, but not so as to enable t
he
@ -276,7 +278,7 @@ provisions of entries 63, 64, C5 and 66 of List I and entry 25
of List III.
12. Libraries, museums and other similar institutions controlled or
financed by the State; ancient and historical monuments and records other than
those declared by Parliament by law to be of national
those declared by or under law made by Parliament to be of national
importance.
13. Communications, that is to say, roads, bridges, ferries, and other
means of communication not specified in List I; municipal tramways;
@ -308,7 +310,7 @@ encumbered and attached estates.
23. Regulation of mines and mineral development subject to the
provisions of List I with respect to regulation and development under the
control of the Union.
24. Industries subject to the provisions of entry 52 of List I.
24. Industries subject to the provisions of entries 7 and 52 of List I.
25. Gas and gas-works.
26. Trade and commerce within the State subject to the provisions of entry
33 of List III.
@ -327,9 +329,11 @@ es.
of entry 60 of List I; sports, entertainments and amusements.
34. Betting and gambling.
35. Works, lands and buildings vested in or in the possession of the State.
36. Acquisition or requisitioning of property, except
for the purposes of the Union, subject to the provisions of
entry 42 of List III.
*
*
*
*
*
37. Elections to the Legislature of the State subject to the provisions of
any law made by Parliament.
38. Salaries and allowances of members of the Legislature of the State, of
@ -495,16 +499,11 @@ taxes on such vehicles are to be levied.
37. Boilers.
38. Electricity.
39. Newspapers, books and printing presses.
40. Archaeological sites and remains other than those declared by Parliament by
law
to be of national importance.
40. Archaeological sites and remains other than those declared by or under
law made by Parliament to be of national importance.
41. Custody, management and disposal of property (including agricultural
land) declared by law to be evacuee property.
42. Principles on which compensation for property
acquired or requisitioned for the purposes of the Union or of
a State or for any other public purpose is to be determined,
and the form and the manner in which such compensation
is to be given.
42. Acquisition and requisitioning of property.
43. Recovery in a State of claims in respect of taxes and other public
demands, including arrears of land-revenue and sums recoverable as such
arrears, arising outside that State.