From cbfffda5200b568a1df9400d5df172e55835f2f2 Mon Sep 17 00:00:00 2001 From: Nemo Date: Mon, 17 Feb 2020 14:45:24 +0530 Subject: [PATCH] Ninety-ninth amendment (#1) MIME-Version: 1.0 Content-Type: text/plain; charset=UTF-8 Content-Transfer-Encoding: 8bit * Ninety-ninth amendment Amendment: http://legislative.gov.in/sites/default/files/99th.pdf SOR: http://legislative.gov.in/sites/default/files/99%20SOR.pdf SOR Text follows: STATEMENT OF OBJECTS AND REASONS The Judges of the Supreme Court are appointed under clause (2) of article 124 and the Judges of the High Courts are appointed under clause (1) of article 217 of the Constitution, by the President. The Ad-hoc Judges and retired Judges for the Supreme Court are appointed under clause (1) of article 127 and article 128 of the Constitution respectively. The appointment of Additional Judges and Acting Judges for the High Court is made under article 224 and the appointment of retired Judges for sittings of the High Courts is made under article 224A of the Constitution. The transfer of Judges from one High Court to another High Court is made by the President after consultation with the Chief Justice of India under clause (1) of article 222 of the Constitution. 2. The Supreme Court in the matter of the Supreme Court Advocates-on-Record Association Vs. Union of India in the year 1993, and in its Advisory Opinion in the year 1998 in the Third Judges case, had interpreted clause (2) of article 124 and clause (1) of article 217 of the Constitution with respect to the meaning of “consultation” as “concurrence”. Consequently, a Memorandum of Procedure for appointment of Judges to the Supreme Court and High Courts was formulated, and is being followed for appointment. 3. After review of the relevant constitutional provisions, the pronouncements of the Supreme Court and consultations with eminent Jurists, it is felt that a broad based National Judicial Appointments Commission should be established for making recommendations for appointment of Judges of the Supreme Court and High Courts. The said Commission would provide a meaningful role to the judiciary, the executive and eminent persons to present their view points and make the participants accountable, while also introducing transparency in the selection process. 4. The Constitution (One Hundred and Twenty-first Amendment) Bill, 2014 is an enabling constitutional amendment for amending relevant provisions of the Constitution and for setting up a National Judicial Appointments Commission. The proposed Bill seeks to insert new articles 124A, 124B and 124C after article 124 of the Constitution. The said Bill also provides for the composition and the functions of the proposed National Judicial Appointments Commission. Further, it provides that Parliament may, by law, regulate the procedure for appointment of Judges and empower the National Judicial Appointments Commission to lay down procedure by regulation for the discharge of its functions, manner of selection of persons for appointment and such other matters as may be considered necessary. 5. The proposed Bill seeks to broad base the method of appointment of Judges in the Supreme Court and High Courts, enables participation of judiciary, executive and eminent persons and ensures greater transparency, accountability and objectivity in the appointment of the Judges in the Supreme Court and High Courts. 6. The Bill seeks to achieve the above objectives. NEW DELHI; RAVI SHANKAR PRASAD. The 8th August, 2014. * Add the resignation clause back --- PART5.txt | 390 ++++++++++++++++++++++++++++-------------------------- PART6.txt | 25 ++-- 2 files changed, 215 insertions(+), 200 deletions(-) diff --git a/PART5.txt b/PART5.txt index c3b364f..ee03d6b 100644 --- a/PART5.txt +++ b/PART5.txt @@ -1,27 +1,27 @@ PART V THE UNION -CHAPTER I.—THE EXECUTIVE +CHAPTER I.THE EXECUTIVE The President and Vice-President -52. The President of India.—There shall be a President of India. -53. Executive power of the Union.—(1) The executive power of the Union +52. The President of India.There shall be a President of India. +53. Executive power of the Union.(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly o r through officers subordinate to him in accordance with this Constitution. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law. -(3) Nothing in this article shall— +(3) Nothing in this article shall (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the President. -54. Election of President.—The President shall be elected by the -members of an electoral college consisting of— +54. Election of President.The President shall be elected by the +members of an electoral college consisting of (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. -Explanation.—In this article and in article 55, “State” includes the +Explanation.In this article and in article 55, State includes the National Capital Territory of Delhi and the Union territory of *Pondicherry. -55. Manner of election of President.—(1) As far as practicable, there +55. Manner of election of President.(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at th e election of the President. @@ -30,7 +30,7 @@ as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in -the following manner:— +the following manner: (a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of @@ -58,16 +58,16 @@ being counted as one and other fractions being disregarded. (3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. -Explanation.—In this article, the expression “population” means the +Explanation.In this article, the expression population means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 1971 census. -56. Term of office of President.—(1) The President shall hold office for +56. Term of office of President.(1) The President shall hold office for a term of five years from the date on which he enters upon his office: -Provided that— +Provided that (a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the President may, for violation of the Constitution, be removed @@ -77,7 +77,7 @@ continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People. -57. Eligibility for re-election.—A person who holds, or who has held, +57. Eligibility for re-election.A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office. @@ -86,8 +86,8 @@ eligible for re-election to that office. THE CONSTITUTION OF INDIA -58. Qualifications for election as President.—(1) No person shall be -eligible for election as President unless he— +58. Qualifications for election as President.(1) No person shall be +eligible for election as President unless he (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. @@ -95,11 +95,11 @@ eligible for election as President unless he— any office of profit under the Government of India or the Government of any 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 +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 is a Minister either for the Union or for any State. -59. Conditions of President's office.—(1) The President shall not be a +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 State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have @@ -113,11 +113,11 @@ until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. (4) The emoluments and allowances of the President shall not be diminished during his term of office. -60. Oath or affirmation by the President.—Every President and every +60. Oath or affirmation by the President.Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court -available, an oath or affirmation in the following form, that is to say— +available, an oath or affirmation in the following form, that is to say "I, A.B., do swear in the name of God that I will faithfully execute the office solemnly affirm of President (or discharge the functions of the President) of India and will to @@ -129,10 +129,10 @@ I will devote myself to the service and well-being of the people of India.". THE CONSTITUTION OF INDIA -61. Procedure for impeachment of the President.—(1) When a +61. Procedure for impeachment of the President.(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. -(2) No such charge shall be preferred unless— +(2) No such charge shall be preferred unless (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the @@ -150,7 +150,7 @@ preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed. 62. Time of holding election to fill vacancy in the office of President -and the term of office of person elected to fill casual vacancy.—(1) An +and the term of office of person elected to fill casual vacancy.(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of President occurring by @@ -160,9 +160,9 @@ occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office. -63. The Vice-President of India.—There shall be a Vice-President of India. +63. The Vice-President of India.There shall be a Vice-President of India. 64. The Vice-President to be ex officio Chairman of the Council of -States.—The Vice-President shall be ex officio Chairman of the Council of the +States.The Vice-President shall be ex officio Chairman of the Council of the States and shall not hold any other office of profit: Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shal @@ -177,7 +177,7 @@ THE CONSTITUTION OF INDIA 65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, -of President.—(1) In the event of the occurrence of any vacancy in the office +of President.(1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such @@ -191,7 +191,7 @@ powers and immunities of the President and be 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. -66. Election of Vice-President.—(1) The Vice-President shall be +66. Election of Vice-President.(1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such @@ -201,7 +201,7 @@ Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President. -(3) No person shall be eligible for election as Vice-President unless he— +(3) No person shall be eligible for election as Vice-President unless he (a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States. @@ -214,14 +214,14 @@ the said Governments. THE CONSTITUTION OF INDIA -Explanation.— For the purposes of this article, a person shall not be +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 is a Minister either for the Union or for any State. -67. Term of office of Vice-President.—The Vice-President shall hold +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 : -Provided that— +Provided that (a) a Vice-President may, by writing under his hand addressed to the President, resign his office; (b) a Vice-President may be removed from his office by a resolution @@ -232,7 +232,7 @@ days' notice has been given of the intention to move the resolution; (c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 68. Time of holding election to fill vacancy in the office of VicePresident and -the term of office of person elected to fill casual vacancy.— +the term of office of person elected to fill casual vacancy. (1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of Vice-President @@ -242,10 +242,10 @@ elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which h e enters upon his office. -69. Oath or affirmation by the Vice-President.—Every VicePresident shall, befo +69. Oath or affirmation by the Vice-President.Every VicePresident shall, befo re entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or -affirmation in the following form, that is to say— +affirmation in the following form, that is to say "I, A.B., do swear in the name of God that I will bear true faith and solemnly affirm @@ -257,11 +257,11 @@ discharge the duty upon which I am about to enter.". THE CONSTITUTION OF INDIA -70. Discharge of President's functions in other contingencies.— +70. Discharge of President's functions in other contingencies. Parliament may make such provisions as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter. 71. Matters relating to, or connected with, the election of a -President or Vice-President.—(1) All doubts and disputes arising out of or in +President or Vice-President.(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final. (2) If the election of a person as President or Vice-President is declared @@ -276,10 +276,10 @@ Vice-President. called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him. 72. Power of President to grant pardons, etc., and to suspend, remit -or commute sentences in certain cases.—(1) The President shall have the +or commute sentences in certain cases.(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any -offence— +offence (a) in all cases where the punishment or sentence is by a Court Martial; (b) in all cases where the punishment or sentence is for an offence @@ -297,8 +297,8 @@ State under any law for the time being in force. THE CONSTITUTION OF INDIA -73. Extent of executive power of the Union.—(1) Subject to the -provisions of this Constitution, the executive power of the Union shall extend +73. Extent of executive power of the Union.(1) Subject to the +provisions of this Constitution, the executive power of the Union shall extend (a) to the matters with respect to which Parliament has power to make laws; and @@ -319,7 +319,7 @@ y thereof could exercise immediately before the commencement of this Constitution. Council of Ministers -74. Council of Ministers to aid and advise President.— (1) There shall +74. Council of Ministers to aid and advise President. (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance wit h @@ -330,7 +330,7 @@ ct in accordance with the advice tendered after such reconsideration. (2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court. -75. Other provisions as to Ministers.—(1) The Prime Minister shall be +75. Other provisions as to Ministers.(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. (1A) The total number of Ministers, including the Prime Minister, in the @@ -364,7 +364,7 @@ to be a Minister. may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule. The Attorney-General for India -76. Attorney-General for India.—(1) The President shall appoint a +76. Attorney-General for India.(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. (2) It shall be the duty of the Attorney-General to give advice to the @@ -377,7 +377,7 @@ right of audience in all courts in the territory of India. (4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. Conduct of Government Business -77. Conduct of business of the Government of India.—(1) All +77. Conduct of business of the Government of India.(1) All executive action of the Government of India shall be expressed to be taken in the name of the President. @@ -400,7 +400,7 @@ Ministers of the said business. * * 78. Duties of Prime Minister as respects the furnishing of information -to the President, etc.—It shall be the duty of the Prime Minister— +to the President, etc.It shall be the duty of the Prime Minister (a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation; @@ -410,13 +410,13 @@ call for; and (c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. -CHAPTER II.—PARLIAMENT +CHAPTER II.PARLIAMENT General -79. Constitution of Parliament.—There shall be a Parliament for the +79. Constitution of Parliament.There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People. -80. Composition of the Council of States.—(1) The Council of States -shall consist of— +80. Composition of the Council of States.(1) The Council of States +shall consist 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 @@ -437,7 +437,7 @@ 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:— +experience in respect of such matters as the following, namely: Literature, science, art and social service. (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 @@ -445,13 +445,13 @@ accordance with the system of proportional representation by means of the single transferable vote. (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. Composition of the House of the People.—(1) Subject to the -provisions of article 331, the House of the People shall consist of— +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 and thirty 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),— +(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; @@ -463,7 +463,7 @@ throughout the State: Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions. -(3) In this article, the expression “population” means the population as +(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: @@ -474,13 +474,13 @@ published: Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for -the first census taken after the year 2026 have been published, be construed, +the first census taken after the year 2026 have been published, be construed, (i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and (ii) for the purposes of sub-clause (b) of clause (2) as a reference to the 2001 census. -82. Readjustment after each census.—Upon the completion of each +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 @@ -493,14 +493,14 @@ as the President may, by order, specify and until such readjustment takes effect any election to the House may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken -after the year 2026 have been published, it shall not be necessary to readjust +after the year 2026 have been published, it shall not be necessary to readjust (i) the allocation of seats in the House of People to the States as readjusted on the basis of the 1971 census; and (ii) the division of each State into territorial constituencies as may be readjusted on the basis of the 2001 census, under this article. -83. Duration of Houses of Parliament.—(1) The Council of States +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 members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by @@ -519,8 +519,8 @@ Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. -84. Qualification for membership of Parliament.—A person shall not -be qualified to be chosen to fill a seat in Parliament unless he— +84. Qualification for membership of Parliament.A person shall not +be qualified to be chosen to fill a seat in Parliament unless he (a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third @@ -530,16 +530,16 @@ years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. -85. Sessions of Parliament, prorogation and dissolution.—(1) The +85. Sessions of Parliament, prorogation and dissolution.(1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. -(2) The President may from time to time— +(2) The President may from time to time (a) prorogue the Houses or either House; (b) dissolve the House of the People. -86. Right of President to address and send messages to Houses.—(1) +86. Right of President to address and send messages to Houses.(1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members. (2) The President may send messages to either House of Parliament, @@ -551,7 +551,7 @@ consider any matter required by the message to be taken into consideration. THE CONSTITUTION OF INDIA -87. Special address by the President.—(1) At the commencement of +87. Special address by the President.(1) At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both @@ -560,13 +560,13 @@ of its summons. (2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address. -88. Rights of Ministers and Attorney-General as respects Houses.— +88. Rights of Ministers and Attorney-General as respects Houses. Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote. Officers of Parliament -89. The Chairman and Deputy Chairman of the Council of States.—(1) +89. The Chairman and Deputy Chairman of the Council of States.(1) The Vice- President of India shall be ex officio Chairman of the Council of Stat es. (2) The Council of States shall, as soon as may be, choose a member of @@ -574,19 +574,19 @@ the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof. 90. Vacation and resignation of, and removal from, the office of -Deputy Chairman.—A member holding office as Deputy Chairman of the -Council of States— +Deputy Chairman.A member holding office as Deputy Chairman of the +Council of States (a) shall vacate his office if he ceases to be a member of the Council; (b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved -unless at least fourteen days’ notice has been given of the intention to move +unless at least fourteen days notice has been given of the intention to move the resolution. 91. Power of the Deputy Chairman or other person to perform the -duties of the office of, or to act as, Chairman.—(1) While the office of +duties of the office of, or to act as, Chairman.(1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is @@ -603,7 +603,7 @@ determined by the rules of procedure of the Council, or, if no such person is pr esent, such other person as may be determined by the Council, shall act as Chairman. 92. The Chairman or the Deputy Chairman not to preside while a -resolution for his removal from office is under consideration.—(1) At any +resolution for his removal from office is under consideration.(1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under @@ -616,14 +616,14 @@ part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings. -93. The Speaker and Deputy Speaker of the House of the People.— +93. The Speaker and Deputy Speaker of the House of the People. The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be. 94. Vacation and resignation of, and removal from, the offices of -Speaker and Deputy Speaker.— A member holding office as Speaker or -Deputy Speaker of the House of the People— +Speaker and Deputy Speaker. A member holding office as Speaker or +Deputy Speaker of the House of the People (a) shall vacate his office if he ceases to be a member of the House of the People; (b) may at any time, by writing under his hand addressed, if such @@ -632,7 +632,7 @@ the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House: Provided that no resolution for the purpose of clause (c) shall be moved -unless at least fourteen days’ notice has been given of the intention to move +unless at least fourteen days notice has been given of the intention to move the resolution: @@ -645,7 +645,7 @@ Speaker shall not vacate his office until immediately before the first meeting o f the House of the People after the dissolution. 95. Power of the Deputy Speaker or other person to perform the -duties of the office of, or to act as, Speaker.—(1) While the office of Speake +duties of the office of, or to act as, Speaker.(1) While the office of Speake r is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of @@ -657,7 +657,7 @@ by the rules of procedure of the House, or, if no such person is present, such o ther person as may be determined by the House, shall act as Speaker. 96. The Speaker or the Deputy Speaker not to preside while a -resolution for his removal from office is under consideration.— (1) At any +resolution for his removal from office is under consideration. (1) At any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under @@ -673,13 +673,13 @@ notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. 97. Salaries and allowances of the Chairman and Deputy Chairman -and the Speaker and Deputy Speaker.— There shall be paid to the Chairman +and the Speaker and Deputy Speaker. There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. -98. Secretariat of Parliament.— (1) Each House of Parliament shall +98. Secretariat of Parliament. (1) Each House of Parliament shall have a separate secretarial staff: 39 @@ -699,12 +699,12 @@ secretarial staff of the House of the People or the Council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause. Conduct of Business -99. Oath or affirmation by members.— Every member of either House +99. Oath or affirmation by members. Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, 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. 100. Voting in Houses, power of Houses to act notwithstanding -vacancies and quorum.— (1) Save as otherwise provided in this Constitution, +vacancies and quorum. (1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shal l be determined by a majority of votes of the members present and voting, other @@ -729,18 +729,18 @@ adjourn the House or to suspend the meeting until there is a quorum. THE CONSTITUTION OF INDIA Disqualifications of Members -101. Vacation of seats.— (1) No person shall be a member of both +101. Vacation of seats. (1) No person shall be a member of both 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, 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 person +of such period as may be specified in rules made by the President, that person s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State. -(3) If a member of either House of Parliament— +(3) If a member of either House of Parliament (a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 102, or (b) resigns his seat by writing under his hand addressed to the @@ -758,9 +758,9 @@ may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days. -102. Disqualifications for membership.— (1) A person shall be +102. Disqualifications for membership. (1) A person shall be disqualified for being chosen as, and for being, a member of either House of -Parliament— +Parliament (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; @@ -776,13 +776,13 @@ court; citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; (e) if he is so disqualified by or under any law made by Parliament. -Explanation.—For the purposes of this clause a person shall not be +Explanation.For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State. (2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule. -103. Decision on questions as to disqualifications of members.— +103. Decision on questions as to disqualifications of members. (1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of th @@ -792,7 +792,7 @@ President and his decision shall be final. obtain the opinion of the Election Commission and shall act according to such opinion. 104. Penalty for sitting and voting before making oath or affirmation -under article 99 or when not qualified or when disqualified.—If a person +under article 99 or when not qualified or when disqualified.If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified o r @@ -802,7 +802,7 @@ respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union. Powers, Privileges and Immunities of Parliament and its Members 105. Powers, privileges, etc., of the Houses of Parliament and of the -members and committees thereof.— (1) Subject to the provisions of this +members and committees thereof. (1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament. @@ -826,14 +826,14 @@ Constitution (Forty-fourth Amendment) Act, 1978. persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament. -106. Salaries and allowances of members.— Members of either House +106. Salaries and allowances of members. Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India. Legislative Procedure -107. Provisions as to introduction and passing of Bills.— (1) Subject +107. Provisions as to introduction and passing of Bills. (1) Subject to the provisions of articles 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament. (2) Subject to the provisions of articles 108 and 109, a Bill shall not be @@ -854,8 +854,8 @@ THE CONSTITUTION OF INDIA been passed by the House of the People is pending in the Council of States, shall, subject to the provisions of article 108, lapse on a dissolution of the House of the People. -108. Joint sitting of both Houses in certain cases.— (1) If after a Bill -has been passed by one House and transmitted to the other House— +108. Joint sitting of both Houses in certain cases. (1) If after a Bill +has been passed by one House and transmitted to the other House (a) the Bill is rejected by the other House; or (b) the Houses have finally disagreed as to the amendments to be made in the Bill; or @@ -882,7 +882,7 @@ if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses: -Provided that at a joint sitting— +Provided that at a joint sitting (a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such @@ -903,7 +903,7 @@ under this clause shall be final. thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein. -109. Special procedure in respect of Money Bills.—(1) A Money Bill +109. Special procedure in respect of Money Bills.(1) A Money Bill shall not be introduced in the Council of States. (2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the @@ -925,10 +925,10 @@ the Council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People. -110. Definition of “Money Bills”.—(1) For the purposes of this +110. Definition of Money Bills.(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provision s -dealing with all or any of the following matters, namely:— +dealing with all or any of the following matters, namely: (a) the imposition, abolition, remission, alteration or regulation of any tax; @@ -964,7 +964,7 @@ decision of the Speaker of the House of the People thereon shall be final. to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill. -111. Assent to Bills.—When a Bill has been passed by the Houses of +111. Assent to Bills.When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall decl are either that he assents to the Bill, or that he withholds assent therefrom: @@ -986,12 +986,12 @@ and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom. Procedure in Financial Matters -112. Annual financial statement.—(1) The President shall in respect of +112. Annual financial statement.(1) The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the "annual financial statement''. (2) The estimates of expenditure embodied in the annual financial -statement shall show separately— +statement shall show separately (a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India; and @@ -999,7 +999,7 @@ India; and made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure. (3) The following expenditure shall be expenditure charged on the -Consolidated Fund of India— +Consolidated Fund of India (a) the emoluments and allowances of the President and other expenditure relating to his office; (b) the salaries and allowances of the Chairman and the Deputy @@ -1029,7 +1029,7 @@ Comptroller and Auditor-General of India; court or arbitral tribunal; (g) any other expenditure declared by this Constitution or by Parliament by law to be so charged. -113. Procedure in Parliament with respect to estimates.—(1) So +113. Procedure in Parliament with respect to estimates.(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of @@ -1041,10 +1041,10 @@ demand, or to assent to any demand subject to a reduction of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation of the President. -114. Appropriation Bills.— (1) As soon as may be after the grants +114. Appropriation Bills. (1) As soon as may be after the grants under article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund -of India of all moneys required to meet— +of India of all moneys required to meet (a) the grants so made by the House of the People; and (b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously @@ -1063,8 +1063,8 @@ THE CONSTITUTION OF INDIA (3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article. -115. Supplementary, additional or excess grants.— (1) The President -shall— +115. Supplementary, additional or excess grants. (1) The President +shall (a) if the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that @@ -1084,9 +1084,9 @@ as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant. -116. Votes on account, votes of credit and exceptional grants.— +116. Votes on account, votes of credit and exceptional grants. (1) Notwithstanding anything in the foregoing provisions of this Chapter, the -House of the People shall have power— +House of the People shall have power (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 113 for the voting of such grant and @@ -1114,7 +1114,7 @@ ny expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure. -117. Special provisions as to financial Bills.—(1) A Bill or amendment +117. Special provisions as to financial Bills.(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be @@ -1134,7 +1134,7 @@ expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill. Procedure Generally -118. Rules of procedure.— (1) Each House of Parliament may make +118. Rules of procedure. (1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its proced ure and the conduct of its business. @@ -1158,7 +1158,7 @@ THE CONSTITUTION OF INDIA People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside. 119. Regulation by law of procedure in Parliament in relation to -financial business.— Parliament may, for the purpose of the timely completion +financial business. Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, @@ -1167,7 +1167,7 @@ rule made by a House of Parliament under clause (1) of article 118 or with any rule or standing order having effect in relation to Parliament under clause (2) of that article, such provision shall prevail. -120. Language to be used in Parliament.—(1) Notwithstanding +120. Language to be used in Parliament.(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English: Provided that the Chairman of the Council of States or Speaker of the @@ -1176,14 +1176,14 @@ any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue. (2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this -Constitution, have effect as if the words “or in English” were omitted +Constitution, have effect as if the words or in English were omitted therefrom. -121. Restriction on discussion in Parliament.—No discussion shall +121. Restriction on discussion in Parliament.No discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided. -122. Courts not to inquire into proceedings of Parliament.—(1) The +122. Courts not to inquire into proceedings of Parliament.(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of Parliament in whom powers are vested by @@ -1196,21 +1196,21 @@ court in respect of the exercise by him of those powers. THE CONSTITUTION OF INDIA -CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT +CHAPTER III.LEGISLATIVE POWERS OF THE PRESIDENT 123. Power of President to promulgate Ordinances during recess of -Parliament.—(1) If at any time, except when both Houses of Parliament are in +Parliament.(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require. (2) An Ordinance promulgated under this article shall have the same -force and effect as an Act of Parliament, but every such Ordinance— +force and effect as an Act of Parliament, but every such Ordinance (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and (b) may be withdrawn at any time by the President. -Explanation.—Where the Houses of Parliament are summoned to +Explanation.Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any provision @@ -1220,47 +1220,39 @@ shall be void. * * * -CHAPTER IV.—THE UNION JUDICIARY -124. Establishment and constitution of Supreme Court.—(1) There +CHAPTER IV.THE UNION JUDICIARY +124. Establishment and constitution of Supreme Court.(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven 1 other Judges. (2) Every Judge of the Supreme Court shall be appointed by the -President by warrant under his hand and seal after consultation with such of the -Judges of the Supreme Court and of the High Courts in the States as the -President may deem necessary for the purpose and shall hold office until he +President by warrant under his hand and seal on the recommendation of the National +Judicial Appointments Commission referred to in article 124A and shall hold office until he attains the age of sixty-five years: ______________________________________________ -1. Now “thirty”, vide Act 11 of 2009, s. 2. +1. Now thirty, vide Act 11 of 2009, s. 2. - 52 -THE CONSTITUTION OF INDIA - -Provided that in the case of appointment of a Judge other than the Chief -Justice, the Chief Justice of India shall always be consulted: -Provided further that— -(a) a Judge may, by writing under his hand addressed to the -President, resign his office; +Provided that: +(a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office in the manner provided in clause (4). (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. (3) A person shall not be qualified for appointment as a Judge of the -Supreme Court unless he is a citizen of India and— +Supreme Court unless he is a citizen of India and (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. -Explanation I.—In this clause "High Court'' means a High Court which +Explanation I.In this clause "High Court'' means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India. -Explanation II.—In computing for the purpose of this clause the period +Explanation II.In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person -has held judicial office not inferior to that of a district judge after he becam -e an +has held judicial office not inferior to that of a district judge after he became an advocate shall be included. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of @@ -1271,18 +1263,42 @@ removal on the ground of proved misbehaviour or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4). - - 53 - -THE CONSTITUTION OF INDIA - (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, 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. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India. -125. Salaries, etc., of Judges.—(1) There shall be paid to the Judges of +[124A. National Judicial Appointments Commission.-(1) There shall be a Commission to be +known as the National Judicial Appointments Commission consisting of the following, namely:- +(a) the Chief Justice of India, Chairperson, ex officio; +(b) two other senior Judges of the Supreme Court next to the Chief Justice of India--Members, ex +officio; +(c) the Union Minister in charge of Law and Justice--Member, ex officio; +(d) two eminent persons to be nominated by the committee consisting of the Prime Minister, the +Chief Justice of India and the Leader of Opposition in the House of the People or where there is no +such Leader of Opposition, then, the Leader of single largest Opposition Party in the House of the +People--Members: +Provided that one of the eminent person shall be nominated from amongst the persons belonging +to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women: +Provided further that an eminent person shall be nominated for a period of three years and shall not +be eligible for renomination. +(2) No act or proceedings of the National Judicial Appointments Commission shall be questioned or be +invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the +Commission. +124B. Functions of Commission. It shall be the duty of the National Judicial Appointments +Commission to- +(a) recommend persons for appointment as Chief Justice of India, Judges of the Supreme Court, +Chief Justices of High Courts and other Judges of High Courts; +(b) recommend transfer of Chief Justices and other Judges of High Courts from one High Court to +any other High Court; and +(c) ensure that the person recommended is of ability and integrity. +124C. Power of Parliament to make law.--Parliament may, by law, regulate the procedure for the +appointment of Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other +Judges of High Courts and empower the Commission to lay down by regulations the procedure for the +discharge of its functions, the manner of selection of persons for appointment and such other matters as +may be considered necessary by it. +125. Salaries, etc., of Judges.(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified i n @@ -1294,17 +1310,18 @@ privileges, allowances and rights as are specified in the Second Schedule: Provided that neither the privileges nor 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. -126. Appointment of acting Chief Justice.—When the office of Chief +126. Appointment of acting Chief Justice.When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose. -127. Appointment of ad hoc Judges.—(1) If at any time there should +127. Appointment of ad hoc Judges.(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or -continue any session of the Court, the Chief Justice of India may, with the -previous consent of the President and after consultation with the Chief Justice -of the High Court concerned, request in writing the attendance at the sittings o -f +continue any session of the Court, the National Judicial Appointments +Commission on a reference made to it by the Chief Justice of India, +may with the previous consent of the President and after +consultation with the Chief Justice of the High Court concerned, +request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India. @@ -1321,8 +1338,8 @@ o attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court. 128. Attendance of retired Judges at sittings of the Supreme -Court.—Notwithstanding anything in this Chapter, the Chief Justice of India -may at any time, with the previous consent of the President, request any person +Court.Notwithstanding anything in this Chapter, the National Judicial Appointments +Commission may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the @@ -1334,17 +1351,17 @@ 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 Court unless he consents s o to do. -129. Supreme Court to be a court of record.—The Supreme Court +129. Supreme Court to be a court of record.The Supreme Court shall be a court of record and shall have all the powers of such a court includi ng the power to punish for contempt of itself. -130. Seat of Supreme Court.—The Supreme Court shall sit in Delhi or +130. Seat of Supreme Court.The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint. -131. Original jurisdiction of the Supreme Court.—Subject to the +131. Original jurisdiction of the Supreme Court.Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of an y -other court, have original jurisdiction in any dispute— +other court, have original jurisdiction in any dispute (a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other; or @@ -1368,11 +1385,10 @@ questions as to constitutional validity of Central laws.] Rep. by the Constituti on (Forty-third Amendment) Act, 1977, s. 4 (w.e.f. 13-4-1978). 132. Appellate jurisdiction of Supreme Court in appeals from High -Courts in certain cases.— (1) An appeal shall lie to the Supreme Court from +Courts in certain cases. (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies -under article 134A that the case involves a substantial question of law as to th -e +under article 134A that the case involves a substantial question of law as to the interpretation of this Constitution. * @@ -1389,13 +1405,13 @@ interpretation of this Constitution. (3) Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided. -Explanation.— For the purposes of this article, the expression “final -order” includes an order deciding an issue which, if decided in favour of the +Explanation. For the purposes of this article, the expression final +order includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case. 133. Appellate jurisdiction of Supreme Court in appeals from High -Courts in regard to civil matters.— (1) An appeal shall lie to the Supreme +Courts in regard to civil matters. (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High -Court in the territory of India if the High Court certifies under article 134A +Court in the territory of India if the High Court certifies under article 134A (a) that the case involves a substantial question of law of general importance; and @@ -1416,10 +1432,10 @@ by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court. 134. Appellate jurisdiction of Supreme Court in regard to criminal -matters.—(1) An appeal shall lie to the Supreme Court from any judgment, +matters.(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territor y -of India if the High Court— +of India if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (b) has withdrawn for trial before itself any case from any court @@ -1435,12 +1451,12 @@ powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to su ch conditions and limitations as may be specified in such law. -134A. Certificate for appeal to the Supreme Court.—Every High +134A. Certificate for appeal to the Supreme Court.Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of arti cle -134,— +134, (a) may, if it deems fit so to do, on its own motion; and (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, @@ -1456,13 +1472,13 @@ article 134, may be given in respect of that case. THE CONSTITUTION OF INDIA 135. Jurisdiction and powers of the Federal Court under existing -law to be exercisable by the Supreme Court.— Until Parliament by law +law to be exercisable by the Supreme Court. Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law. -136. Special leave to appeal by the Supreme Court.—(1) +136. Special leave to appeal by the Supreme Court.(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any @@ -1470,11 +1486,11 @@ court or tribunal in the territory of India. (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces. -137. Review of judgments or orders by the Supreme Court.—Subject +137. Review of judgments or orders by the Supreme Court.Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it. -138. Enlargement of the jurisdiction of the Supreme Court.—(1) The +138. Enlargement of the jurisdiction of the Supreme Court.(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer. (2) The Supreme Court shall have such further jurisdiction and powers @@ -1482,7 +1498,7 @@ with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court. 139. Conferment on the Supreme Court of powers to issue certain -writs.— Parliament may by law confer on the Supreme Court power to issue +writs. Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32. @@ -1491,7 +1507,7 @@ purposes other than those mentioned in clause (2) of article 32. THE CONSTITUTION OF INDIA -139A. Transfer of certain cases.—(1) Where cases involving the same +139A. Transfer of certain cases.(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the @@ -1507,17 +1523,17 @@ the case in conformity with such judgment. (2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court. -140. Ancillary powers of Supreme Court.—Parliament may by law +140. Ancillary powers of Supreme Court.Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution. -141. Law declared by Supreme Court to be binding on all courts.— +141. Law declared by Supreme Court to be binding on all courts. The law declared by the Supreme Court shall be binding on all courts within the territory of India. 142. Enforcement of decrees and orders of Supreme Court and -orders as to discovery, etc.—(1) The Supreme Court in the exercise of its +orders as to discovery, etc.(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India i @@ -1535,7 +1551,7 @@ the investigation or punishment of any contempt of itself. THE CONSTITUTION OF INDIA -143. Power of President to consult Supreme Court.—(1) If at any +143. Power of President to consult Supreme Court.(1) If at any time it appears to the President that a question of law or fact has arisen, or i s likely to arise, which is of such a nature and of such public importance that it @@ -1548,16 +1564,16 @@ as it thinks fit, report to the President its opinion thereon. 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 +Court.All authorities, civil and judicial, in the territory of India shall ac t in aid of the Supreme Court. 144A. [Special provisions as to disposal of questions relating to constitutional validity of laws.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978). -145. Rules of Court, etc.—(1) Subject to the provisions of any law +145. Rules of Court, etc.(1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and -procedure of the Court including— +procedure of the Court including (a) rules as to the persons practising before the Court; (b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the @@ -1616,7 +1632,7 @@ THE CONSTITUTION OF INDIA Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion. -146. Officers and servants and the expenses of the Supreme Court.— +146. Officers and servants and the expenses of the Supreme Court. (1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct: @@ -1636,15 +1652,15 @@ t. 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 India, and any fees or other moneys taken by the Court shall form part of that Fund. -147. Interpretation.—In this Chapter and in Chapter V of Part VI, +147. Interpretation.In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder. -CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA -148. Comptroller and Auditor-General of India.—(1) There shall be a +CHAPTER V.COMPTROLLER AND AUDITOR-GENERAL OF INDIA +148. Comptroller and Auditor-General of India.(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court. @@ -1676,7 +1692,7 @@ President after consultation with the Comptroller and Auditor-General. Auditor-General, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the Consolidated Fund of India. -149. Duties and powers of the Comptroller and Auditor-General.— +149. Duties and powers of the Comptroller and Auditor-General. The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by @@ -1685,10 +1701,10 @@ duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively. -150. Form of accounts of the Union and of the States.—The accounts +150. Form of accounts of the Union and of the States.The accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the Comptroller and Auditor-General of India, prescribe. -151. Audit reports.—(1) The reports of the Comptroller and AuditorGeneral of I +151. Audit reports.(1) The reports of the Comptroller and AuditorGeneral of I ndia relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament. (2) The reports of the Comptroller and Auditor-General of India relating diff --git a/PART6.txt b/PART6.txt index 55dae1b..d505a88 100644 --- a/PART6.txt +++ b/PART6.txt @@ -1150,11 +1150,9 @@ deem it necessary to appoint. 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 hol -d -office, in the case of an additional or acting Judge, as provided in article 224 +by warrant under his hand and seal on the recommendation of the +National Judicial Appointments Commission referred to in article 124A, and shall +hold 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-two years: Provided that— @@ -1242,7 +1240,8 @@ 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 +President may, on the recommendation of the National Judicial Appointments +Commission referred to in article 124A, transfer a Judge from one High Court to any other High Court. (2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth @@ -1265,18 +1264,21 @@ THE CONSTITUTION OF INDIA 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 +, in consultation with the National Judicial Appointments Commission, 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 +, in consultation with the National Judicial Appointments Commission, 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-two years. 224A. Appointment of retired Judges at sittings of High Courts.— -Notwithstanding anything in this Chapter, the Chief Justice of a High Court for -any State may at any time, with the previous consent of the President, request +Notwithstanding anything in this Chapter, the National Judicial Appointments +Commission on a reference made to it by the Chief Justice of a High Court +for any State, may with the previous 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 @@ -1440,14 +1442,11 @@ 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 +(a) 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 +(b) 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