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PART11.txt
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@ -1,19 +1,23 @@
PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I.—LEGISLATIVE RELATIONS
Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of
States.—(1) Subject to the provisions of this Constitution, Parliament may
245. Extent of laws made by Parliament and by the Legislatures of States.—
(1) Subject to the provisions of this Constitution, Parliament may
make laws for the whole or any part of the territory of India, and the
Legislature of a State may make laws for the whole or any part of the State.
(2) No law made by Parliament shall be deemed to be invalid on the
ground that it would have extra-territorial operation.
246. Subject-matter of laws made by Parliament and by the
Legislatures of States.—(1) Notwithstanding anything in clauses (2) and (3),
246. Subject-matter of laws made by Parliament and by the Legislatures of States.—
(1) Notwithstanding anything in clauses (2) and (3),
Parliament has exclusive power to make laws with respect to any of the matters
enumerated in List I in the Seventh Schedule (in this Constitution referred to a
s
the “Union List”).
enumerated in List I in the Seventh Schedule (in this Constitution referred to
as the “Union List”).
(2) Notwithstanding anything in clause (3), Parliament, and, subject to
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
@ -30,65 +34,49 @@ additional courts.—Notwithstanding anything in this Chapter, Parliament may
by law provide for the establishment of any additional courts for the better
administration of laws made by Parliament or of any existing laws with respect
to a matter enumerated in the Union List.
126
127
248. Residuary powers of legislation.—
THE CONSTITUTION OF INDIA
248. Residuary powers of legislation.—(1) Parliament has exclusive
(1) Parliament has exclusive
power to make any law with respect to any matter not enumerated in the
Concurrent List or State List.
(2) Such power shall include the power of making any law imposing a
tax not mentioned in either of those Lists.
249. Power of Parliament to legislate with respect to a matter in the
State List in the national interest.—(1) Notwithstanding anything in the
foregoing provisions of this Chapter, if the Council of States has declared by
resolution supported by not less than two-thirds of the members present and
voting that it is necessary or expedient in the national interest that Parliamen
t
should make laws with respect to any matter enumerated in the State List
specified in the resolution, it shall be lawful for Parliament to make laws for
the
whole or any part of the territory of India with respect to that matter while th
e
resolution remains in force.
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.—
(1) Notwithstanding anything in the foregoing provisions of this Chapter,
if the Council of States has declared by resolution supported by not less
than two-thirds of the members present and voting that it is necessary or
expedient in the national interest that Parliament should make laws with
respect to any matter enumerated in the State List specified in the resolution
,it shall be lawful for Parliament to make laws for the whole or any part
of the territory of India with respect to that matter while the resolution remains in force.
(2) A resolution passed under clause (1) shall remain in force for such
period not exceeding one year as may be specified therein:
Provided that, if and so often as a resolution approving the continuance
in force of any such resolution is passed in the manner provided in clause (1),
such resolution shall continue in force for a further period of one year from th
e
such resolution shall continue in force for a further period of one year from the
date on which under this clause it would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the
passing of a resolution under clause (1) have been competent to make shall, to t
he
extent of the incompetency, cease to have effect on the expiration of a period o
f
six months after the resolution has ceased to be in force, except as respects th
ings
passing of a resolution under clause (1) have been competent to make shall, to
the extent of the incompetency, cease to have effect on the expiration of a period of
six months after the resolution has ceased to be in force, except as respects things
done or omitted to be done before the expiration of the said period.
250. Power of Parliament to legislate with respect to any matter in
the State List if a Proclamation of Emergency is in operation.—(1)
Notwithstanding anything in this Chapter, Parliament shall, while a
250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.—
(1) Notwithstanding anything in this Chapter, Parliament shall, while a
Proclamation of Emergency is in operation, have power to make laws for the
whole or any part of the territory of India with respect to any of the matters
enumerated in the State List.
(2) A law made by Parliament which Parliament would not but for the
issue of a Proclamation of Emergency have been competent to make shall, to the
extent of the incompetency, cease to have effect on the expiration of a period o
f
six months after the Proclamation has ceased to operate, except as respects thin
gs
extent of the incompetency, cease to have effect on the expiration of a period of
six months after the Proclamation has ceased to operate, except as respects things
done or omitted to be done before the expiration of the said period.
128
THE CONSTITUTION OF INDIA
251. Inconsistency between laws made by Parliament under articles
249 and 250 and laws made by the Legislatures of States.—Nothing in
articles 249 and 250 shall restrict the power of the Legislature of a State to
251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.—
Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to
make any law which under this Constitution it has power to make, but if any
provision of a law made by the Legislature of a State is repugnant to any
provision of a law made by Parliament which Parliament has under either of the
@ -97,15 +85,13 @@ before or after the law made by the Legislature of the State, shall prevail, and
the law made by the Legislature of the State shall to the extent of the
repugnancy, but so long only as the law made by Parliament continues to have
effect, be inoperative.
252. Power of Parliament to legislate for two or more States by
consent and adoption of such legislation by any other State.—(1) If it
appears to the Legislatures of two or more States to be desirable that any of th
e
252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.—
(1) If it appears to the Legislatures of two or more States to be desirable that any of the
matters with respect to which Parliament has no power to make laws for the
States except as provided in articles 249 and 250 should be regulated in such
States by Parliament by law, and if resolutions to that effect are passed by all
the Houses of the Legislatures of those States, it shall be lawful for Parliamen
t
the Houses of the Legislatures of those States, it shall be lawful for Parliament
to pass an act for regulating that matter accordingly, and any Act so passed
shall apply to such States and to any other State by which it is adopted
afterwards by resolution passed in that behalf by the House or, where there are
@ -114,19 +100,16 @@ two Houses, by each of the Houses of the Legislature of that State.
Act of Parliament passed or adopted in like manner but shall not, as respects
any State to which it applies, be amended or repealed by an Act of the
Legislature of that State.
253. Legislation for giving effect to international agreements.—
Notwithstanding anything in the foregoing provisions of this Chapter,
Parliament has power to make any law for the whole or any part of the territory
of India for implementing any treaty, agreement or convention with any other
country or countries or any decision made at any international conference,
association or other body
association or other body.
129
THE CONSTITUTION OF INDIA
254. Inconsistency between laws made by Parliament and laws made
by the Legislatures of States.—(1) If any provision of a law made by the
254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.—
(1) If any provision of a law made by the
Legislature of a State is repugnant to any provision of a law made by
Parliament which Parliament is competent to enact, or to any provision of an
existing law with respect to one of the matters enumerated in the Concurrent
@ -144,9 +127,9 @@ Provided that nothing in this clause shall prevent Parliament from
enacting at any time any law with respect to the same matter including a law
adding to, amending, varying or repealing the law so made by the Legislature
of the State.
255. Requirements as to recommendations and previous sanctions to
be regarded as matters of procedure only.—No Act of Parliament or of the
Legislature of a State, and no provision in any such Act, shall be invalid by
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, 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,
@ -155,21 +138,21 @@ either by the Governor or by the President;
Rajpramukh, either by the Rajpramukh or by the President;
(c) where the recommendation or previous sanction required was
that of the President, by the President.
CHAPTER II.—ADMINISTRATIVE RELATIONS
General
256. Obligation of States and the Union.—The executive power of every
State shall be so exercised as to ensure compliance with the laws made by
256. Obligation of States and the Union.—
The executive power of every State shall be so exercised as to ensure compliance with the laws made by
Parliament and any existing laws which apply in that State, and the executive
power of the Union shall extend to the giving of such directions to a State as m
ay
power of the Union shall extend to the giving of such directions to a State as may
appear to the Government of India to be necessary for that purpose.
130
257. Control of the Union over States in certain cases.—
THE CONSTITUTION OF INDIA
257. Control of the Union over States in certain cases.—(1) The
executive power of every State shall be so exercised as not to impede or
(1) The executive power of every State shall be so exercised as not to impede or
prejudice the exercise of the executive power of the Union, and the executive
power of the Union shall extend to the giving of such directions to a State as
may appear to the Government of India to be necessary for that purpose.
@ -188,87 +171,74 @@ directions to a State as to the measures to be taken for the protection of the
railways within the State.
(4) Where in carrying out any direction given to a State under clause (2)
as to the construction or maintenance of any means of communication or under
clause (3) as to the measures to be taken for the protection of any railway, cos
ts
clause (3) as to the measures to be taken for the protection of any railway, costs
have been incurred in excess of those which would have been incurred in the
discharge of the normal duties of the State if such direction had not been given
,
discharge of the normal duties of the State if such direction had not been given,
there shall be paid by the Government of India to the State such sum as may be
agreed, or, in default of agreement, as may be determined by an arbitrator
appointed by the Chief Justice of India, in respect of the extra costs so incurr
ed
appointed by the Chief Justice of India, in respect of the extra costs so incurred
by the State.
257A. [Assistance to States by deployment of armed forces or other
forces of the Union.] Rep. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 33 (w.e.f. 20-6-1979).
258. Power of the Union to confer powers, etc., on States in certain
cases.—(1) Notwithstanding anything in this Constitution, the President may,
258. Power of the Union to confer powers, etc., on States in certain cases.—
(1) Notwithstanding anything in this Constitution, the President may,
with the consent of the Government of a State, entrust either conditionally or
unconditionally to that Government or to its officers functions in relation to a
ny
unconditionally to that Government or to its officers functions in relation to any
matter to which the executive power of the Union extends.
131
THE CONSTITUTION OF INDIA
(2) A law made by Parliament which applies in any State may,
notwithstanding that it relates to a matter with respect to which the Legislatur
e
notwithstanding that it relates to a matter with respect to which the Legislature
of the State has no power to make laws, confer powers and impose duties, or
authorise the conferring of powers and the imposition of duties, upon the State
or officers and authorities thereof.
(3) Where by virtue of this article powers and duties have been conferred
or imposed upon a State or officers or authorities thereof, there shall be paid
by
or imposed upon a State or officers or authorities thereof, there shall be paid by
the Government of India to the State such sum as may be agreed, or, in default
of agreement, as may be determined by an arbitrator appointed by the Chief
Justice of India, in respect of any extra costs of administration incurred by th
e
Justice of India, in respect of any extra costs of administration incurred by the
State in connection with the exercise of those powers and duties.
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
unconditionally to that Government or to its officers functions in relation to any
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
260. Jurisdiction of the Union in relation to territories outside India.—
The Government of India may by agreement with the Government of
any territory not being part of the territory of India undertake any executive,
legislative or judicial functions vested in the Government of such territory, bu
t
legislative or judicial functions vested in the Government of such territory, but
every such agreement shall be subject to, and governed by, any law relating to
the exercise of foreign jurisdiction for the time being in force.
261. Public acts, records and judicial proceedings.—(1) Full faith and
credit shall be given throughout the territory of India to public acts, records
and
261. Public acts, records and judicial proceedings.—
(1) Full faith and credit shall be given throughout the territory of India to public acts, records and
judicial proceedings of the Union and of every State.
(2) The manner in which and the conditions under which the acts,
records and proceedings referred to in clause (1) shall be proved and the effect
thereof determined shall be as provided by law made by Parliament.
(3) Final judgments or orders delivered or passed by civil courts in any
part of the territory of India shall be capable of execution anywhere within tha
t
part of the territory of India shall be capable of execution anywhere within that
territory according to law.
132
THE CONSTITUTION OF INDIA
Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State rivers
or river valleys.—(1) Parliament may by law provide for the adjudication of
262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.—
(1) Parliament may by law provide for the adjudication of
any dispute or complaint with respect to the use, distribution or control of the
waters of, or in, any inter-State river or river valley.
(2) Notwithstanding anything in this Constitution, Parliament may by
law provide that neither the Supreme Court nor any other court shall exercise
jurisdiction in respect of any such dispute or complaint as is referred to in
clause (1).
Co-ordination between States
263. Provisions with respect to an inter-State Council.—If at any time
it appears to the President that the public interests would be served by the
263. Provisions with respect to an inter-State Council.—
If at any time it appears to the President that the public interests would be served by the
establishment of a Council charged with the duty of—
(a) inquiring into and advising upon disputes which may have
arisen between States;
@ -278,9 +248,6 @@ interest; or
(c) making recommendations upon any such subject and, in
particular, recommendations for the better co-ordination of policy and
action with respect to that subject,
it shall be lawful for the President by order to establish such a Council, and t
o
it shall be lawful for the President by order to establish such a Council, and to
define the nature of the duties to be performed by it and its organisation and
procedure.
procedure.

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@ -1,44 +1,42 @@
PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I.—FINANCE
CHAPTER I. FINANCE
General
264. Interpretation.—In this Part, “Finance Commissionâ€<C3A2> means a
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
265. Taxes not to be imposed save by authority of law.”No tax shall
be levied or collected except by authority of law.
266. Consolidated Funds and public accounts of India and of the
States.—(1) Subject to the provisions of article 267 and to the provisions of
States.”(1) Subject to the provisions of article 267 and to the provisions of
this Chapter with respect to the assignment of the whole or part of the net
proceeds of certain taxes and duties to States, all revenues received by the
Government of India, all loans raised by that Government by the issue of
treasury bills, loans or ways and means advances and all moneys received by
that Government in repayment of loans shall form one consolidated fund to be
entitled “the Consolidated Fund of Indiaâ€<C3A2>, and all revenues received by the
entitled “the Consolidated Fund of India”, and all revenues received by the
Government of a State, all loans raised by that Government by the issue of
treasury bills, loans or ways and means advances and all moneys received by
that Government in repayment of loans shall form one consolidated fund to be
entitled “the Consolidated Fund of the Stateâ€<C3A2>.
entitled “the Consolidated Fund of the State”.
(2) All other public moneys received by or on behalf of the Government
of India or the Government of a State shall be credited to the public account of
India or the public account of the State, as the case may be.
(3) No moneys out of the Consolidated Fund of India or the
Consolidated Fund of a State shall be appropriated except in accordance with
law and for the purposes and in the manner provided in this Constitution.
267. Contingency Fund.—(1) Parliament may by law establish a
Contingency Fund in the nature of an imprest to be entitled “the Contingency
Fund of Indiaâ€<EFBFBD> into which shall be paid from time to time such sums as may be
267. Contingency Fund.”(1) Parliament may by law establish a
Contingency Fund in the nature of an imprest to be entitled “the Contingency
Fund of India” into which shall be paid from time to time such sums as may be
determined by such law, and the said Fund shall be placed at the disposal of the
President to enable advances to be made by him out of such Fund for the
purposes of meeting unforeseen expenditure pending authorisation of such
expenditure by Parliament by law under article 115 or article 116.
133
134
THE CONSTITUTION OF INDIA
(2) The Legislature of a State may by law establish a Contingency Fund in
the nature of an imprest to be entitled “the Contingency Fund of the Stateâ€<C3A2>
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 of the St
@ -63,7 +61,7 @@ States.— (1) Taxes on the sale or purchase of goods and taxes on the
consignment of goods shall be levied and collected by the Government of India
but shall be assigned and shall be deemed to have been assigned to the States
on or after the 1st day of April, 1996 in the manner provided in clause (2).
Explanation.—For the purposes of this clause,—
Explanation.”For the purposes of this clause,”
(a) the expression "taxes on the sale or purchase of goods" shall
mean taxes on sale or purchase of goods other than newspapers, where
such sale or purchase takes place in the course of inter-State trade or
@ -72,14 +70,8 @@ commerce;
taxes on the consignment of goods (whether the consignment is to the
person making it or to any other person), where such consignment takes
place in the course of inter-State trade or commerce.
135
THE CONSTITUTION OF INDIA
(2) The net proceeds in any financial year of any such tax, except in so
far as those proceeds represent proceeds attributable to Union territories, shal
l
far as those proceeds represent proceeds attributable to Union territories, 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 accordance with such principles of distribution as may be
@ -88,7 +80,7 @@ formulated by Parliament by law.
sale or purchase of, or consignment of, goods takes place in the course of inter
State trade or commerce.
270. Taxes levied and distributed between the Union and the
States.—(1) All taxes and duties referred to in the Union List, except the dut
States.”(1) All taxes and duties referred to in the Union List, except the dut
ies
and taxes referred to in articles 268 and 269, respectively, surcharge on taxes
and duties referred to in article 271 and any cess levied for specific purposes
@ -101,26 +93,21 @@ Fund of India, but shall be assigned to the States within which that tax or duty
is leviable in that year, and shall be distributed among those States in such
manner and from such time as may be prescribed in the manner provided in
clause (3).
(3) In this article, "prescribed" means, —
(3) In this article, "prescribed" means, ”
(i) until a Finance Commission has been constituted, prescribed by
the President by order, and
(ii) after a Finance Commission has been constituted, prescribed by
the President by order after considering the recommendations of the
Finance Commission.
271. Surcharge on certain duties and taxes for purposes of the
Union.—Notwithstanding anything in articles 269 and 270, Parliament may at
Union.”Notwithstanding anything in articles 269 and 270, Parliament may at
any time increase any of the duties or taxes referred to in those articles by a
surcharge for purposes of the Union and the whole proceeds of any such
surcharge shall form part of the Consolidated Fund of India.
272. [Taxes which are levied and collected by the Union and may be
distributed between the Union and the States.]— Omitted. by the Constitution
distributed between the Union and the States.]” Omitted. by the Constitution
(Eightieth Amendment) Act, 2000, s. 4.
136
THE CONSTITUTION OF INDIA
273. Grants in lieu of export duty on jute and jute products.—(1)
273. Grants in lieu of export duty on jute and jute products.”(1)
There shall be charged on the Consolidated Fund of India in each year as
grants-in-aid of the revenues of the States of Assam, Bihar, Odisha and West
Bengal, in lieu of assignment of any share of the net proceeds in each year of
@ -130,48 +117,40 @@ prescribed.
Consolidated Fund of India so long as any export duty on jute or jute products
continues to be levied by the Government of India or until the expiration of ten
years from the commencement of this Constitution whichever is earlier.
(3) In this article, the expression “prescribedâ€<EFBFBD> has the same meaning as
(3) In this article, the expression “prescribed” has the same meaning as
in article 270.
274. Prior recommendation of President required to Bills affecting
taxation in which States are interested.—(1) No Bill or amendment which
imposes or varies any tax or duty in which States are interested, or which varie
s
the meaning of the expression “agricultural incomeâ€<C3A2> as defined for the purpo
ses
taxation in which States are interested.”(1) No Bill or amendment which
imposes or varies any tax or duty in which States are interested, or which varies
the meaning of the expression “agricultural income” as defined for the purposes
of the enactments relating to Indian income-tax, or which affects the principles
on which under any of the foregoing provisions of this Chapter moneys are or
may be distributable to States, or which imposes any such surcharge for the
purposes of the Union as is mentioned in the foregoing provisions of this
Chapter, shall be introduced or moved in either House of Parliament except on
the recommendation of the President.
(2) In this article, the expression “tax or duty in which States are
interestedâ€<EFBFBD> means—
(2) In this article, the expression “tax or duty in which States are
interested” means”
(a) a tax or duty the whole or part of the net proceeds whereof are
assigned to any State; or
(b) a tax or duty by reference to the net proceeds whereof sums
are for the time being payable out of the Consolidated Fund of India to
any State.
275. Grants from the Union to certain States.—(1) Such sums as
275. Grants from the Union to certain States.”(1) Such sums as
Parliament may by law provide shall be charged on the Consolidated Fund of
India in each year as grants-in-aid of the revenues of such States as Parliament
may determine to be in need of assistance, and different sums may be fixed for
different States:
137
THE CONSTITUTION OF INDIA
Provided that there shall be paid out of the Consolidated Fund of India as
grants-in-aid of the revenues of a State such capital and recurring sums as may
be necessary to enable that State to meet the costs of such schemes of
development as may be undertaken by the State with the approval of the
Government of India for the purpose of promoting the welfare of the Scheduled
Tribes in that State or raising the level of administration of the Scheduled Are
as
therein to that of the administration of the rest of the areas of that State:
as therein to that of the administration of the rest of the areas of that State:
Provided further that there shall be paid out of the Consolidated Fund of
India as grants-in-aid of the revenues of the State of Assam sums, capital and
recurring, equivalent to—
recurring, equivalent to”
(a) the average excess of expenditure over the revenues during the
two years immediately preceding the commencement of this Constitution
in respect of the administration of the tribal areas specified in Part I of
@ -181,7 +160,7 @@ undertaken by that State with the approval of the Government of India
for the purpose of raising the level of administration of the said areas to
that of the administration of the rest of the areas of that State.
(1A) On and from the formation of the autonomous State under article
244A,—
244A,”
(i) any sums payable under clause (a) of the second proviso to
clause (1) shall, if the autonomous State comprises all the tribal areas
referred to therein, be paid to the autonomous State, and, if the
@ -202,12 +181,7 @@ subject to any provision so made by Parliament:
Provided that after a Finance Commission has been constituted no order
shall be made under this clause by the President except after considering the
recommendations of the Finance Commission.
138
THE CONSTITUTION OF INDIA
276. Taxes on professions, trades, callings and employments.—(1)
276. Taxes on professions, trades, callings and employments.”(1)
Notwithstanding anything in article 246, no law of the Legislature of a State re
lating
to taxes for the benefit of the State or of a municipality, district board, loca
@ -218,16 +192,12 @@ employments shall be invalid on the ground that it relates to a tax on income.
to any one municipality, district board, local board or other local authority in
the State by way of taxes on professions, trades, callings and employments
shall not exceed two thousand and five hundred rupees per annum.
*
*
*
*
(3) The power of the Legislature of a State to make laws as aforesaid
with respect to taxes on professions, trades, callings and employments shall not
be construed as limiting in any way the power of Parliament to make laws with
respect to taxes on income accruing from or arising out of professions, trades,
callings and employments.
277. Savings.—Any taxes, duties, cesses or fees which, immediately
277. Savings.”Any taxes, duties, cesses or fees which, immediately
before the commencement of this Constitution, were being lawfully levied by
the Government of any State or by any municipality or other local authority or
body for the purposes of the State, municipality, district or other local area
@ -237,12 +207,10 @@ 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.] Rep. by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch.
279. Calculation of “net proceedsâ€<C3A2>, etc.—(1) In the foregoing
provisions of this Chapter, “net proceedsâ€<C3A2> means in relation to any tax or d
uty
279. Calculation of “net proceeds”, etc.”(1) In the foregoing
provisions of this Chapter, “net proceeds” means in relation to any tax or duty
the proceeds thereof reduced by the cost of collection, and for the purposes of
those provisions the net proceeds of any tax or duty, or of any part of any tax
or
those provisions the net proceeds of any tax or duty, or of any part of any tax or
duty, in or attributable to any area shall be ascertained and certified by the
Comptroller and Auditor-General of India, whose certificate shall be final.
(2) Subject as aforesaid, and to any other express provision of this
@ -252,22 +220,16 @@ assigned to any State, provide for the manner in which the proceeds are to be
calculated, for the time from or at which and the manner in which any
payments are to be made, for the making of adjustments between one financial
year and another, and for any other incidental or ancillary matters.
139
THE CONSTITUTION OF INDIA
280. Finance Commission.—(1) The President shall, within two years
280. Finance Commission.”(1) The President shall, within two years
from the commencement of this Constitution and thereafter at the expiration of
every fifth year or at such earlier time as the President considers necessary, b
y
every fifth year or at such earlier time as the President considers necessary, by
order constitute a Finance Commission which shall consist of a Chairman and
four other members to be appointed by the President.
(2) Parliament may by law determine the qualifications which shall be
requisite for appointment as members of the Commission and the manner in
which they shall be selected.
(3) It shall be the duty of the Commission to make recommendations to
the President as to—
the President as to”
(a) the distribution between the Union and the States of the net
proceeds of taxes which are to be, or may be, divided between them
under this Chapter and the allocation between the States of the respective
@ -286,30 +248,24 @@ in the interests of sound finance.
(4) The Commission shall determine their procedure and shall have such
powers in the performance of their functions as Parliament may by law confer
on them.
281. Recommendations of the Finance Commission.—The President
281. Recommendations of the Finance Commission.”The President
shall cause every recommendation made by the Finance Commission under the
provisions of this Constitution together with an explanatory memorandum as to
the action taken thereon to be laid before each House of Parliament.
Miscellaneous Financial Provisions
282. Expenditure defrayable by the Union or a State out of its
revenues.—The Union or a State may make any grants for any public purpose,
revenues.”The Union or a State may make any grants for any public purpose,
notwithstanding that the purpose is not one with respect to which Parliament or
the Legislature of the State, as the case may be, may make laws.
140
THE CONSTITUTION OF INDIA
283. Custody, etc., of Consolidated Funds, Contingency Funds and
moneys credited to the public accounts.—(1) The custody of the
moneys credited to the public accounts.”(1) The custody of the
Consolidated Fund of India and the Contingency Fund of India, the payment of
moneys into such Funds, the withdrawal of moneys therefrom, the custody of
public moneys other than those credited to such Funds received by or on behalf
of the Government of India, their payment into the public account of India and
the withdrawal of moneys from such account and all other matters connected
with or ancillary to matters aforesaid shall be regulated by law made by
Parliament, and, until provision in that behalf is so made, shall be regulated b
y
Parliament, and, until provision in that behalf is so made, shall be regulated by
rules made by the President.
(2) The custody of the Consolidated Fund of a State and the
Contingency Fund of a State, the payment of moneys into such Funds, the
@ -318,21 +274,18 @@ those credited to such Funds received by or on behalf of the Government of the
State, their payment into the public account of the State and the withdrawal of
moneys from such account and all other matters connected with or ancillary to
matters aforesaid shall be regulated by law made by the Legislature of the
State, and, until provision in that behalf is so made, shall be regulated by rul
es
made by the Governor of the State.
State, and, until provision in that behalf is so made, shall be regulated by rules 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—
public servants and courts.”All moneys received by or deposited with”
(a) any officer employed in connection with the affairs of the
Union or of a State in his capacity as such, other than revenues or
public moneys raised or received by the Government of India or the
Government of the State, as the case may be, or
(b) any court within the territory of India to the credit of any
cause, matter, account or persons,
shall be paid into the public account of India or the public account of State, a
s
shall be paid into the public account of India or the public account of State, as
the case may be.
285. Exemption of property of the Union from State taxation.—(1)
285. Exemption of property of the Union from State taxation.”(1)
The property of the Union shall, save in so far as Parliament may by law
otherwise provide, be exempt from all taxes imposed by a State or by any
authority within a State.
@ -341,26 +294,16 @@ provides, prevent any authority within a State from levying any tax on any
property of the Union to which such property was immediately before the
commencement of this Constitution liable or treated as liable, so long as that
tax continues to be levied in that State.
141
THE CONSTITUTION OF INDIA
286. Restrictions as to imposition of tax on the sale or purchase of
goods.—(1) No law of a State shall impose, or authorise the imposition of, a
tax on the sale or purchase of goods where such sale or purchase takes place—
goods.”(1) No law of a State shall impose, or authorise the imposition of, a
tax on the sale or purchase of goods where such sale or purchase takes place”
(a) outside the State; or
(b) in the course of the import of the goods into, or export of the
goods out of, the territory of India.
*
*
*
*
(2) Parliament may by law formulate principles for determining when a
sale or purchase of goods takes place in any of the ways mentioned in clause (1)
.
sale or purchase of goods takes place in any of the ways mentioned in clause (1).
(3) Any law of a State shall, in so far as it imposes, or authorises the
imposition of,—
imposition of,”
(a) a tax on the sale or purchase of goods declared by Parliament
by law to be of special importance in inter-State trade or commerce; or
(b) a tax on the sale or purchase of goods, being a tax of the
@ -368,75 +311,59 @@ nature referred to in sub-clause (b), sub-clause (c) or sub-clause (d) of
clause (29A) of article 366,
be subject to such restrictions and conditions in regard to the system of levy,
rates and other incidents of the tax as Parliament may by law specify.
287. Exemption from taxes on electricity.—Save in so far as
287. Exemption from taxes on electricity.”Save in so far as
Parliament may by law otherwise provide, no law of a State shall impose, or
authorise the imposition of, a tax on the consumption or sale of electricity
(whether produced by a Government or other persons) which is—
(whether produced by a Government or other persons) which is”
(a) consumed by the Government of India, or sold to the
Government of India for consumption by that Government; or
(b) consumed in the construction, maintenance or operation of any
railway by the Government of India or a railway company operating that
railway, or sold to that Government or any such railway company for
consumption in the construction, maintenance or operation of any
railway,
consumption in the construction, maintenance or operation of any railway,
and any such law imposing, or authorising the imposition of, a tax on the sale
of electricity shall secure that the price of electricity sold to the Government
of
of electricity shall secure that the price of electricity sold to the Government of
India for consumption by that Government, or to any such railway company as
aforesaid for consumption in the construction, maintenance or operation of any
railway, shall be less by the amount of the tax than the price charged to other
consumers of a substantial quantity of electricity.
142
THE CONSTITUTION OF INDIA
288. Exemption from taxation by States in respect of water or
electricity in certain cases.—(1) Save in so far as the President may by order
electricity in certain cases.”(1) Save in so far as the President may by order
otherwise provide, no law of a State in force immediately before the
commencement of this Constitution shall impose, or authorise the imposition
of, a tax in respect of any water or electricity stored, generated, consumed,
distributed or sold by any authority established by any existing law or any law
made by Parliament for regulating or developing any inter-State river or riverva
lley.
Explanation.—The expression “law of a State in forceâ€<C3A2> in this clause
made by Parliament for regulating or developing any inter-State river or river valley.
Explanation.”The expression “law of a State in force” in this clause
shall include a law of a State passed or made before the commencement of this
Constitution and not previously repealed, notwithstanding that it or parts of it
may not be then in operation either at all or in particular areas.
(2) The Legislature of a State may by law impose, or authorise the
imposition of, any such tax as is mentioned in clause (1), but no such law shall
have any effect unless it has, after having been reserved for the consideration
of
the President, received his assent; and if any such law provides for the fixatio
n
of the President, received his assent; and if any such law provides for the fixation
of the rates and other incidents of such tax by means of rules or orders to be
made under the law by any authority, the law shall provide for the previous
consent of the President being obtained to the making of any such rule or order.
289. Exemption of property and income of a State from Union
taxation.—(1) The property and income of a State shall be exempt from Union
taxation.
taxation.”
(1) The property and income of a State shall be exempt from Union taxation.
(2) Nothing in clause (1) shall prevent the Union from imposing, or
authorising the imposition of, any tax to such extent, if any, as Parliament may
by law provide in respect of a trade or business of any kind carried on by, or o
n
by law provide in respect of a trade or business of any kind carried on by, or on
behalf of, the Government of a State, or any operations connected therewith, or
any property used or occupied for the purposes of such trade or business, or any
income accruing or arising in connection therewith.
(3) Nothing in clause (2) shall apply to any trade or business, or to any
class of trade or business, which Parliament may by law declare to be incidental
to the ordinary functions of Government.
143
THE CONSTITUTION OF INDIA
290. Adjustment in respect of certain expenses and pensions.—
290. Adjustment in respect of certain expenses and pensions.”
Where under the provisions of this Constitution the expenses of any court or
Commission, or the pension payable to or in respect of a person who has served
before the commencement of this Constitution under the Crown in India or
after such commencement in connection with the affairs of the Union or of a
State, are charged on the Consolidated Fund of India or the Consolidated Fund
of a State, then, if—
of a State, then, if”
(a) in the case of a charge on the Consolidated Fund of India, the
court or Commission serves any of the separate needs of a State, or the
person has served wholly or in part in connection with the affairs of a
@ -450,7 +377,7 @@ 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
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
@ -460,24 +387,19 @@ 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. [Privy purse sums of Rulers.] Rep. by the Constitution (Twenty-sixth
Amendment) Act, 197l, s. 2.
CHAPTER II.—BORROWING
292. Borrowing by the Government of India.—The executive power
CHAPTER II. BORROWING
292. Borrowing by the Government of India.”The executive power
of the Union extends to borrowing upon the security of the Consolidated Fund
of India within such limits, if any, as may from time to time be fixed by
Parliament by law and to the giving of guarantees within such limits, if any, as
may be so fixed.
293. Borrowing by States.—(1) Subject to the provisions of this article,
the executive power of a State extends to borrowing within the territory of Indi
a
upon the security of the Consolidated Fund of the State within such limits, if a
ny,
293. Borrowing by States.”(1) Subject to the provisions of this article,
the executive power of a State extends to borrowing within the territory of India
upon the security of the Consolidated Fund of the State within such limits, if any,
as may from time to time be fixed by the Legislature of such State by law and to
the giving of guarantees within such limits, if any, as may be so fixed.
144
THE CONSTITUTION OF INDIA
(2) The Government of India may, subject to such conditions as may be
laid down by or under any law made by Parliament, make loans to any State or,
so long as any limits fixed under article 292 are not exceeded, give guarantees
@ -490,10 +412,11 @@ respect of which a guarantee has been given by the Government of India or by
its predecessor Government.
(4) A consent under clause (3) may be granted subject to such
conditions, if any, as the Government of India may think fit to impose.
CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,
OBLIGATIONS AND SUITS
CHAPTER III PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS
294. Succession to property, assets, rights, liabilities and obligations
in certain cases.—As from the commencement of this Constitution—
in certain cases.”As from the commencement of this Constitution”
(a) all property and assets which immediately before such
commencement were vested in His Majesty for the purposes of the
Government of the Dominion of India and all property and assets which
@ -509,18 +432,13 @@ subject to any adjustment made or to be made by reason of the creation before
the commencement of this Constitution of the Dominion of Pakistan or of the
Provinces of West Bengal, East Bengal, West Punjab and East Punjab.
295. Succession to property, assets, rights, liabilities and obligations
in other cases.—(1) As from the commencement of this Constitution—
in other cases.”(1) As from the commencement of this Constitution”
(a) all property and assets which immediately before such
commencement were vested in any Indian State corresponding to a State
specified in Part B of the First Schedule shall vest in the Union, if the
purposes for which such property and assets were held immediately
before such commencement will thereafter be purposes of the Union
relating to any of the matters enumerated in the Union List, and
145
THE CONSTITUTION OF INDIA
(b) all rights, liabilities and obligations of the Government of any
Indian State corresponding to a State specified in Part B of the First
Schedule, whether arising out of any contract or otherwise, shall be the
@ -531,50 +449,38 @@ of India relating to any of the matters enumerated in the Union List,
subject to any agreement entered into in that behalf by the Government of India
with the Government of that State.
(2) Subject as aforesaid, the Government of each State specified in Part B
of the First Schedule shall, as from the commencement of this Constitution, be t
he
of the First Schedule shall, as from the commencement of this Constitution, be the
successor of the Government of the corresponding Indian State as regards all
property and assets and all rights, liabilities and obligations, whether arising
out
property and assets and all rights, liabilities and obligations, whether arising out
of any contract or otherwise, other than those referred to in clause (1).
296. Property accruing by escheat or lapse or as bona vacantia.—
Subject as hereinafter provided, any property in the territory of India which, i
f
296. Property accruing by escheat or lapse or as bona vacantia.”
Subject as hereinafter provided, any property in the territory of India which, if
this Constitution had not come into operation, would have accrued to His Majesty
or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or
as
bona vacantia for want of a rightful owner, shall, if it is property situate in
a
or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as
bona vacantia for want of a rightful owner, shall, if it is property situate in a
State, vest in such State, and shall, in any other case, vest in the Union:
Provided that any property which at the date when it would have so
accrued to His Majesty or to the Ruler of an Indian State was in the possession
or under the control of the Government of India or the Government of a State
shall, according as the purposes for which it was then used or held were
purposes of the Union or of a State, vest in the Union or in that State.
Explanation.—In this article, the expressions “Rulerâ€<C3A2> and “Indian Stateâ
€<EFBFBD>
Explanation.”In this article, the expressions “Ruler” and "Indian State"
have the same meanings as in article 363.
297. Things of value within territorial waters or continental shelf
and resources of the exclusive economic zone to vest in the Union.— (1) All
and resources of the exclusive economic zone to vest in the Union.” (1) All
lands, minerals and other things of value underlying the ocean within the
territorial waters, or the continental shelf, or the exclusive economic zone, of
India shall vest in the Union and be held for the purposes of the Union.
(2) All other resources of the exclusive economic zone of India shall also
vest in the Union and be held for the purposes of the Union.
THE CONSTITUTION OF INDIA
146
(3) The limits of the territorial waters, the continental shelf, the exclusive
economic zone, and other maritime zones, of India shall be such as may be
specified, from time to time, by or under any law made by Parliament.
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
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 to
the acquisition, holding and disposal of property and the making of contracts
for any purpose:
Provided that—
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
@ -582,11 +488,10 @@ 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
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 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
contracts and all assurances of property made in the exercise of that power shall
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 shall be personally liable in
@ -595,29 +500,23 @@ Constitution, or for the purposes of any enactment relating to the Government
of India heretofore in force, nor shall any person making or executing any such
contract or assurance on behalf of any of them be personally liable in respect
thereof.
300. Suits and proceedings.—(1) The Government of India may sue or
300. Suits and proceedings.”(1) The Government of India may sue or
be sued by the name of the Union of India and the Government of a State may
sue or be sued by the name of the State and may, subject to any provisions
which may be made by Act of Parliament or of the Legislature of such State
enacted by virtue of powers conferred by this Constitution, sue or be sued in
relation to their respective affairs in the like cases as the Dominion of India
and
relation to their respective affairs in the like cases as the Dominion of India and
the corresponding Provinces or the corresponding Indian States might have
sued or been sued if this Constitution had not been enacted.
147
THE CONSTITUTION OF INDIA
(2) If at the commencement of this Constitution—
(2) If at the commencement of this Constitution”
(a) any legal proceedings are pending to which the Dominion of
India is a party, the Union of India shall be deemed to be substituted for
the Dominion in those proceedings; and
(b) any legal proceedings are pending to which a Province or an
Indian State is a party, the corresponding State shall be deemed to be
substituted for the Province or the Indian State in those proceedings.
CHAPTER IV.—RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of
law.— No person shall be deprived of his property save by authority of law.
CHAPTER IV. RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of
law.” No person shall be deprived of his property save by authority of law.

158
SCHEDULE7.txt
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@ -1,20 +1,20 @@
SEVENTH SCHEDULE
(Article 246)
List I—Union List
1. Defence of India and every part thereof including preparation for
defence and all such acts as may be conducive in times of war to its prosecution
and after its termination to effective demobilisation.
2. Naval, military and air forces; any other armed forces of the Union.
2A. Deployment of any armed force of the Union or any other force
subject to the control of the Union or any contingent or unit thereof in any Sta
te
in aid of the civil power; powers, jurisdiction, privileges and liabilities of t
he
subject to the control of the Union or any contingent or unit thereof in any
State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the
members of such forces while on such deployment.
3. Delimitation of cantonment areas, local self-government in such areas,
the constitution and powers within such areas of cantonment authorities and the
regulation of house accommodation (including the control of rents) in such
areas.
regulation of house accommodation (including the control of rents) in such areas.
4. Naval, military and air force works.
5. Arms, firearms, ammunition and explosives.
6. Atomic energy and mineral resources necessary for its production.
@ -31,13 +31,6 @@ any foreign country.
bodies and implementing of decisions made thereat.
14. Entering into treaties and agreements with foreign countries and
implementing of treaties, agreements and conventions with foreign countries.
264
265
THE CONSTITUTION OF INDIA
15. War and peace.
16. Foreign jurisdiction.
17. Citizenship, naturalisation and aliens.
@ -68,24 +61,13 @@ marine hospitals.
regulation and organisation of air traffic and of aerodromes; provision for
aeronautical education and training and regulation of such education and
training provided by States and other agencies.
266
THE CONSTITUTION OF INDIA
30. Carriage of passengers and goods by railway, sea or air, or by national
waterways in mechanically propelled vessels.
31. Posts and telegraphs; telephones, wireless, broadcasting and other like
forms of communication.
32. Property of the Union and the revenue therefrom, but as regards
property situated in a State subject to legislation by the State, save in so far
as
Parliament by law otherwise provides.
*
*
*
*
*
as Parliament by law otherwise provides.
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.
@ -110,11 +92,6 @@ instruments.
48. Stock exchanges and futures markets.
49. Patents, inventions and designs; copyright; trade-marks and
merchandise marks.
267
THE CONSTITUTION OF INDIA
50. Establishment of standards of weight and measure.
51. Establishment of standards of quality for goods to be exported out of
India or transported from one State to another.
@ -143,18 +120,12 @@ Victoria Memorial and the Indian War Memorial, and any other like institution
financed by the Government of India wholly or in part and declared by
Parliament by law to be an institution of national importance.
63. The institutions known at the commencement of this Constitution as the
Benares Hindu University, the Aligarh Muslim University and the Delhi University
;
Benares Hindu University, the Aligarh Muslim University and the Delhi University;
the University established in pursuance of article 371E; any other institution
declared by Parliament by law to be an institution of national importance.
64. Institutions for scientific or technical education financed by the
Government of India wholly or in part and declared by Parliament by law to be
institutions of national importance.
268
THE CONSTITUTION OF INDIA
65. Union agencies and institutions for—
(a) professional, vocational or technical training, including the
training of police officers; or
@ -185,28 +156,19 @@ Parliament or commissions appointed by Parliament.
75. Emoluments, allowances, privileges, and rights in respect of leave of
absence, of the President and Governors; salaries and allowances of the
Ministers for the Union; the salaries, allowances, and rights in respect of leav
e
of absence and other conditions of service of the Comptroller and AuditorGeneral
.
e of absence and other conditions of service of the Comptroller and Auditor General
76. Audit of the accounts of the Union and of the States.
77. Constitution, organisation, jurisdiction and powers of the Supreme
Court (including contempt of such Court), and the fees taken therein; persons
entitled to practise before the Supreme Court.
269
THE CONSTITUTION OF INDIA
78. Constitution and organisation (including vacations) of the High Courts
except provisions as to officers and servants of High Courts; persons entitled t
o
practise before the High Courts.
except provisions as to officers and servants of High Courts; persons entitled
to practise before the High Courts.
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
police of one State to exercise powers and jurisdiction in any area outside that
belonging to any State to any area outside that State, but not so as to enable
the police of one State to exercise powers and jurisdiction in any area outside that
State without the consent of the Government of the State in which such area is
situated; extension of the powers and jurisdiction of members of a police force
belonging to any State to railway areas outside that State.
@ -228,15 +190,9 @@ of individuals and companies; taxes on the capital of companies.
taxes on railway fares and freights.
90. Taxes other than stamp duties on transactions in stock exchanges and
futures markets.
270
THE CONSTITUTION OF INDIA
91. Rates of stamp duty in respect of bills of exchange, cheques,
promissory notes, bills of lading, letters of credit, policies of insurance, tra
nsfer
of shares, debentures, proxies and receipts.
promissory notes, bills of lading, letters of credit, policies of insurance,
transfer of shares, debentures, proxies and receipts.
92. Taxes on the sale or purchase of newspapers and on advertisements
published therein.
92A. Taxes on the sale or purchase of goods other than newspapers, where
@ -254,7 +210,9 @@ respect to any of the matters in this List; admiralty jurisdiction.
taken in any court.
97. Any other matter not enumerated in List II or List III including any tax
not mentioned in either of those Lists.
List II—State List
1. Public order (but not including the use of any naval, military or air force
or any other armed force of the Union or of any other force subject to the
control of the Union or of any contingent or unit thereof in aid of the civil
@ -264,14 +222,8 @@ entry 2A of List I.
3. Officers and servants of the High Court; procedure in rent and revenue
courts; fees taken in all courts except the Supreme Court.
4. Prisons, reformatories, Borstal institutions and other institutions of a
like nature, and persons detained therein; arrangements with other States for th
e
use of prisons and other institutions.
271
THE CONSTITUTION OF INDIA
like nature, and persons detained therein; arrangements with other States for
the use of prisons and other institutions.
5. Local government, that is to say, the constitution and powers of
municipal corporations, improvement trusts, districts boards, mining settlement
authorities and other local authorities for the purpose of local self-government
@ -282,11 +234,6 @@ or village administration.
possession, transport, purchase and sale of intoxicating liquors.
9. Relief of the disabled and unemployable.
10. Burials and burial grounds; cremations and cremation grounds.
*
*
*
*
*
12. Libraries, museums and other similar institutions controlled or
financed by the State; ancient and historical monuments and records other than
those declared by or under law made by Parliament to be of national
@ -308,15 +255,6 @@ entry 56 of List I.
relation of landlord and tenant, and the collection of rents; transfer and
alienation of agricultural land; land improvement and agricultural loans;
colonization.
*
*
*
*
272
THE CONSTITUTION OF INDIA
21. Fisheries.
22. Courts of wards subject to the provisions of entry 34 of List I;
encumbered and attached estates.
@ -330,26 +268,15 @@ control of the Union.
27. Production, supply and distribution of goods subject to the provisions
of entry 33 of List III.
28. Markets and fairs.
*
*
*
*
*
30. Money-lending and money-lenders; relief of agricultural indebtedness.
31. Inns and inn-keepers.
32. Incorporation, regulation and winding up of corporations, other than
those specified in List I, and universities; unincorporated trading, literary,
scientific, religious and other societies and associations; co-operative societi
es.
scientific, religious and other societies and associations; co-operative societies.
33. Theatres and dramatic performances; cinemas subject to the provisions
of entry 60 of List I; sports, entertainments and amusements.
34. Betting and gambling.
35. Works, lands and buildings vested in or in the possession of the State.
*
*
*
*
*
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
@ -360,11 +287,6 @@ the members and the committees thereof, and, if there is a Legislative Council,
of that Council and of the members and the committees thereof; enforcement of
attendance of persons for giving evidence or producing documents before
committees of the Legislature of the State.
273
THE CONSTITUTION OF INDIA
40. Salaries and allowances of Ministers for the State.
41. State public services; State Public Service Commission.
42. State pensions, that is to say, pensions payable by the State or out of
@ -396,14 +318,8 @@ to the provisions of entry 92A of List I.
newspapers and advertisements broadcast by radio or television.
56. Taxes on goods and passengers carried by road or on inland
waterways.
274
THE CONSTITUTION OF INDIA
57. Taxes on vehicles, whether mechanically propelled or not, suitable for
use on roads, including tramcars subject to the provisions of entry 35 of List I
II.
use on roads, including tramcars subject to the provisions of entry 35 of List III.
58. Taxes on animals and boats.
59. Tolls.
60. Taxes on professions, trades, callings and employments.
@ -417,32 +333,26 @@ in the provisions of List I with regard to rates of stamp duty.
respect to any of the matters in this List.
66. Fees in respect of any of the matters in this List, but not including fees
taken in any court.
List III—Concurrent List
1. Criminal law, including all matters included in the Indian Penal Code
at the commencement of this Constitution but excluding offences against laws
with respect to any of the matters specified in List I or List II and excluding
the
use of naval, military or air forces or any other armed forces of the Union in a
id
of the civil power.
the use of naval, military or air forces or any other armed forces of the Union
in aid of the civil power.
2. Criminal procedure, including all matters included in the Code of
Criminal Procedure at the commencement of this Constitution.
3. Preventive detention for reasons connected with the security of a State,
the maintenance of public order, or the maintenance of supplies and services
essential to the community; persons subjected to such detention.
4. Removal from one State to another State of prisoners, accused persons
and persons subjected to preventive detention for reasons specified in entry 3 o
f
this List.
and persons subjected to preventive detention for reasons specified in entry 3
of this List.
5. Marriage and divorce; infants and minors; adoption; wills, intestacy
and succession; joint family and partition; all matters in respect of which
parties in judicial proceedings were immediately before the commencement of
this Constitution subject to their personal law.
THE CONSTITUTION OF INDIA
275
6. Transfer of property other than agricultural land; registration of deeds
and documents.
7. Contracts, including partnership, agency, contracts of carriage, and
@ -471,11 +381,6 @@ respect to opium.
20. Economic and social planning.
20A. Population control and family planning.
21. Commercial and industrial monopolies, combines and trusts.
276
THE CONSTITUTION OF INDIA
22. Trade unions; industrial and labour disputes.
23. Social security and social insurance; employment and unemployment.
24. Welfare of labour including conditions of work, provident funds,
@ -507,11 +412,6 @@ public interest, and imported goods of the same kind as such products;
(c) cattle fodder, including oilcakes and other concentrates;
(d) raw cotton, whether ginned or unginned, and cotton seed; and
(e) raw jute.
277
THE CONSTITUTION OF INDIA
33A. Weights and measures except establishment of standards.
34. Price control.
35. Mechanically propelled vehicles including the principles on which
@ -535,6 +435,4 @@ in List II or List III.
46. Jurisdiction and powers of all courts, except the Supreme Court, with
respect to any of the matters in this List.
47. Fees in respect of any of the matters in this List, but not including fees
taken in any court.
taken in any court.