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78 KiB
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PART VI
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THE STATES
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CHAPTER I.—GENERAL
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152. Definition.—In this Part, unless the context otherwise requires, the
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expression “State” does not include the State of Jammu and Kashmir.
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CHAPTER II.—THE EXECUTIVE
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The Governor
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153. Governors of States.—There shall be a Governor for each State:
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Provided that nothing in this article shall prevent the appointment of the
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same person as Governor for two or more States.
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154. Executive power of State.—(1) The executive power of the State
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shall be vested in the Governor and shall be exercised by him either directly or
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through officers subordinate to him in accordance with this Constitution.
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(2) Nothing in this article shall—
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(a) be deemed to transfer to the Governor any functions conferred by
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any existing law on any other authority; or
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(b) prevent Parliament or the Legislature of the State from conferring
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by law functions on any authority subordinate to the Governor.
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155. Appointment of Governor.—The Governor of a State shall be
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appointed by the President by warrant under his hand and seal.
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156. Term of office of Governor.—(1) The Governor shall hold office
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during the pleasure of the President.
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(2) The Governor may, by writing under his hand addressed to the
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President, resign his office.
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(3) Subject to the foregoing provisions of this article, a Governor shall
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hold office for a term of five years from the date on which he enters upon his
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office:
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Provided that a Governor shall, notwithstanding the expiration of his
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term, continue to hold office until his successor enters upon his office.
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63
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64
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THE CONSTITUTION OF INDIA
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157. Qualifications for appointment as Governor.—No person shall
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be eligible for appointment as Governor unless he is a citizen of India and has
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completed the age of thirty-five years.
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158. Conditions of Governor's office.—(1) The Governor shall not be a
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member of either House of Parliament or of a House of the Legislature of any
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State specified in the First Schedule, and if a member of either House of
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Parliament or of a House of the Legislature of any such State be appointed
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Governor, he shall be deemed to have vacated his seat in that House on the date
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on which he enters upon his office as Governor.
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(2) The Governor shall not hold any other office of profit.
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(3) The Governor shall be entitled without payment of rent to the use of
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his official residences and shall be also entitled to such emoluments,
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allowances and privileges as may be determined by Parliament by law and,
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until provision in that behalf is so made, such emoluments, allowances and
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privileges as are specified in the Second Schedule.
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(3A) Where the same person is appointed as Governor of two or more
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States, the emoluments and allowances payable to the Governor shall be allocated
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among the States in such proportion as the President may by order determine.
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(4) The emoluments and allowances of the Governor shall not be
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diminished during his term of office.
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159. Oath or affirmation by the Governor.—Every Governor and
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every person discharging the functions of the Governor shall, before entering
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upon his office, make and subscribe in the presence of the Chief Justice of the
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High Court exercising jurisdiction in relation to the State, or, in his absence,
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the
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senior most Judge of that Court available, an oath or affirmation in the
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following form, that is to say—
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“I, A. B., do swear in the name of God that I will faithfully execute the
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solemnly affirm
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office of Governor (or discharge the functions of the Governor) of
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.........(name of the State) and will to the best of my ability preserve, protec
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t
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and defend the Constitution and the law and that I will devote myself to the
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service and well-being of the people of ..……(name of the State).”.
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160. Discharge of the functions of the Governor in certain
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contingencies.—The President may make such provision as he thinks fit for the
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discharge of the functions of the Governor of a State in any contingency not
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provided for in this Chapter.
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65
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THE CONSTITUTION OF INDIA
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161. Power of Governor to grant pardons, etc., and to suspend, remit
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or commute sentences in certain cases.—The Governor of a State shall have
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the power to grant pardons, reprieves, respites or remissions of punishment or
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to suspend, remit or commute the sentence of any person convicted of any
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offence against any law relating to a matter to which the executive power of the
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State extends.
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162. Extent of executive power of State.—Subject to the provisions of
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this Constitution, the executive power of a State shall extend to the matters wi
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th
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respect to which the Legislature of the State has power to make laws:
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Provided that in any matter with respect to which the Legislature of a
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State and Parliament have power to make laws, the executive power of the
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State shall be subject to, and limited by, the executive power expressly
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conferred by this Constitution or by any law made by Parliament upon the
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Union or authorities thereof.
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Council of Ministers
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163. Council of Ministers to aid and advise Governor.—(1) There shall
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be a Council of Ministers with the Chief Minister at the head to aid and advise
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the
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Governor in the exercise of his functions, except in so far as he is by or under
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this
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Constitution required to exercise his functions or any of them in his discretion
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.
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(2) If any question arises whether any matter is or is not a matter as
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respects which the Governor is by or under this Constitution required to act in
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his discretion, the decision of the Governor in his discretion shall be final, a
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nd
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the validity of anything done by the Governor shall not be called in question on
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the ground that he ought or ought not to have acted in his discretion.
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(3) The question whether any, and if so what, advice was tendered by
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Ministers to the Governor shall not be inquired into in any court.
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164. Other provisions as to Ministers.—(1) The Chief Minister shall
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be appointed by the Governor and the other Ministers shall be appointed by the
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Governor on the advice of the Chief Minister, and the Ministers shall hold
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office during the pleasure of the Governor:
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Provided that in the States of Bihar, Madhya Pradesh
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and Odisha, there shall be a Minister in charge of tribal welfare who may in
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addition be in charge of the welfare of the Scheduled Castes and backward
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classes or any other work.
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66
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THE CONSTITUTION OF INDIA
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(2) The Council of Ministers shall be collectively responsible to the
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Legislative Assembly of the State.
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(3) Before a Minister enters upon his office, the Governor shall
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administer to him the oaths of office and of secrecy according to the forms set
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out for the purpose in the Third Schedule.
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(4) A Minister who for any period of six consecutive months is not a
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member of the Legislature of the State shall at the expiration of that period
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cease to be a Minister.
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(5) The salaries and allowances of Ministers shall be such as the Legislature
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of the State may from time to time by law determine and, until the Legislature o
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f the
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State so determines, shall be as specified in the Second Schedule.
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The Advocate-General for the State
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165. Advocate-General for the State.—(1) The Governor of each State
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shall appoint a person who is qualified to be appointed a Judge of a High Court
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to be Advocate-General for the State.
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______________________________________________
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7-1-2004, vide Notification S.O. No. 21(E), dated 7-1-2004.
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THE CONSTITUTION OF INDIA
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67
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(2) It shall be the duty of the Advocate-General to give advice to the
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Government of the State upon such legal matters, and to perform such other
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duties of a legal character, as may from time to time be referred or assigned to
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him by the Governor, and to discharge the functions conferred on him by or
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under this Constitution or any other law for the time being in force.
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(3) The Advocate-General shall hold office during the pleasure of the
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Governor, and shall receive such remuneration as the Governor may determine.
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Conduct of Government Business
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166. Conduct of business of the Government of a State.—(1) All
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executive action of the Government of a State shall be expressed to be taken in
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the name of the Governor.
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(2) Orders and other instruments made and executed in the name of the
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Governor shall be authenticated in such manner as may be specified in rules to
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be made by the Governor, and the validity of an order or instrument which is so
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authenticated shall not be called in question on the ground that it is not an or
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der
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or instrument made or executed by the Governor.
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(3) The Governor shall make rules for the more convenient transaction of
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the business of the Government of the State, and for the allocation among
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Ministers of the said business in so far as it is not business with respect to w
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hich
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the Governor is by or under this Constitution required to act in his discretion.
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*
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*
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*
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*
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*
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167. Duties of Chief Minister as respects the furnishing of
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information to Governor, etc.—It shall be the duty of the Chief Minister of
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each State—
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(a) to communicate to the Governor of the State all decisions of the
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Council of Ministers relating to the administration of the affairs of the
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State and proposals for legislation;
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(b) to furnish such information relating to the administration of the
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affairs of the State and proposals for legislation as the Governor may call
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for; and
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(c) if the Governor so requires, to submit for the consideration of the
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Council of Ministers any matter on which a decision has been taken by a
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Minister but which has not been considered by the Council.
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68
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THE CONSTITUTION OF INDIA
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CHAPTER III.—THE STATE LEGISLATURE
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General
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168. Constitution of Legislatures in States.—(1) For every State there
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shall be a Legislature which shall consist of the Governor, and—
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(a) in the States of Andhra Pradesh, Bihar, 1[Madhya Pradesh],
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Maharashtra, Karnataka, 2[Tamil Nadu] and Uttar Pradesh, two Houses;
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(b) in other States, one House.
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(2) Where there are two Houses of the Legislature of a State, one shall
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be known as the Legislative Council and the other as the Legislative Assembly,
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and where there is only one House, it shall be known as the Legislative
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Assembly.
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169. Abolition or creation of Legislative Councils in States.—(1)
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Notwithstanding anything in article 168, Parliament may by law provide for the
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abolition of the Legislative Council of a State having such a Council or for the
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creation of such a Council in a State having no such Council, if the Legislative
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Assembly of the State passes a resolution to that effect by a majority of the
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total membership of the Assembly and by a majority of not less than two-thirds
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of the members of the Assembly present and voting.
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(2) Any law referred to in clause (1) shall contain such provisions for the
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amendment of this Constitution as may be necessary to give effect to the
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provisions of the law and may also contain such supplemental, incidental and
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consequential provisions as Parliament may deem necessary.
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(3) No such law as aforesaid shall be deemed to be an amendment of this
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Constitution for the purposes of article 368.
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170. Composition of the Legislative Assemblies.—(1) Subject to the
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provisions of article 333, the Legislative Assembly of each State shall consist
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of not more than five hundred, and not less than sixty, members chosen by
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direct election from territorial constituencies in the State.
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______________________________________________
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1.
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No date has been appointed under s. 8(2) of the Constitution (Seventh Amendment)
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Act, 1956, for the
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insertion of the words “Madhya Pradesh” in this sub-clause.
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2. Ins. by Act 16 of 2010, s. 3 (Date yet to be notified).
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69
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THE CONSTITUTION OF INDIA
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(2) For the purposes of clause (1), each State shall be divided into
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territorial constituencies in such manner that the ratio between the population
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of each constituency and the number of seats allotted to it shall, so far as
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practicable, be the same throughout the State.
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Explanation.—In this clause, the expression “population” means the
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population as ascertained at the last preceding census of which the relevant
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figures have been published:
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Provided that the reference in this Explanation to the last preceding
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census of which the relevant figures have been published shall, until the
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relevant figures for the first census taken after the year 2000 have been
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published, be construed as a reference to the 1971 census.
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(3) Upon the completion of each census, the total number of seats in the
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Legislative Assembly of each State and the division of each State into territori
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al
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constituencies shall be readjusted by such authority and in such manner as
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Parliament may by law determine:
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Provided that such readjustment shall not affect representation in the
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Legislative Assembly until the dissolution of the then existing Assembly:
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Provided further that such readjustment shall take effect from such date
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as the President may, by order, specify and until such readjustment takes effect
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,
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any election to the Legislative Assembly may be held on the basis of the
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territorial constituencies existing before such readjustment:
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Provided also that until the relevant figures for the first census taken
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after the year 2000 have been published, it shall not be necessary to readjust
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the total number of seats in the Legislative Assembly
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of each State and the division of such State into territorial constituencies und
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er this
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clause.
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171. Composition of the Legislative Councils.—(1) The total number
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of members in the Legislative Council of a State having such a Council shall
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not exceed one third of the total number of members in the Legislative
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Assembly of that State:
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Provided that the total number of members in the Legislative Council of
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a State shall in no case be less than forty.
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70
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THE CONSTITUTION OF INDIA
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(2) Until Parliament by law otherwise provides, the composition of the
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Legislative Council of a State shall be as provided in clause (3).
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(3) Of the total number of members of the Legislative Council of a
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State—
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(a) as nearly as may be, one-third shall be elected by electorates
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consisting of members of municipalities, district boards and such other
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local authorities in the State as Parliament may by law specify;
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(b) as nearly as may be, one-twelfth shall be elected by electorates
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consisting of persons residing in the State who have been for at least
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three years graduates of any university in the territory of India or have
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been for at least three years in possession of qualifications prescribed by
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or under any law made by Parliament as equivalent to that of a graduate
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of any such university;
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(c) as nearly as may be, one-twelfth shall be elected by electorates
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consisting of persons who have been for at least three years engaged in
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teaching in such educational institutions within the State, not lower in
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standard than that of a secondary school, as may be prescribed by or
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under any law made by Parliament;
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(d) as nearly as may be, one-third shall be elected by the members of
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the Legislative Assembly of the State from amongst persons who are not
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members of the Assembly;
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(e) the remainder shall be nominated by the Governor in accordance
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with the provisions of clause (5).
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(4) The members to be elected under sub-clauses (a), (b) and (c) of
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clause (3) shall be chosen in such territorial constituencies as may be prescrib
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ed
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by or under any law made by Parliament, and the elections under the said subclau
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ses and under sub-clause (d) of the said clause shall be held in accordance
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with the system of proportional representation by means of the single
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transferable vote.
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(5) The members to be nominated by the Governor under sub-clause (e)
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of clause (3) shall consist of persons having special knowledge or practical
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experience in respect of such matters as the following, namely:—
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Literature, science, art, co-operative movement and social service.
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71
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THE CONSTITUTION OF INDIA
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172. Duration of State Legislatures.—(1) Every Legislative Assembly
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of every State, unless sooner dissolved, shall continue for five years from the
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date appointed for its first meeting and no longer and the expiration of the sai
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d
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period of five years shall operate as a dissolution of the Assembly:
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Provided that the said period may, while a Proclamation of Emergency is
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in operation, be extended by Parliament by law for a period not exceeding one
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year at a time and not extending in any case beyond a period of six months after
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the Proclamation has ceased to operate.
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(2) The Legislative Council of a State shall not be subject to dissolution,
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but as nearly as possible one-third of the members thereof shall retire as soon
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as
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may be on the expiration of every second year in accordance with the
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provisions made in that behalf by Parliament by law.
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173. Qualification for membership of the State Legislature.—A
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person shall not be qualified to be chosen to fill a seat in the Legislature of
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a
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State unless he—
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(a) is a citizen of India, and makes and subscribes before some
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person authorised in that behalf by the Election Commission an oath or
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affirmation according to the form set out for the purpose in the Third
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Schedule;
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(b) is, in the case of a seat in the Legislative Assembly, not less than
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twenty-five years of age and, in the case of a seat in the Legislative
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Council, not less than thirty years of age; and
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(c) possesses such other qualifications as may be prescribed in that
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behalf by or under any law made by Parliament.
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174. Sessions of the State Legislature, prorogation and dissolution.—
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(1) The Governor shall from time to time summon the House or each House of
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the Legislature of the State to meet at such time and place as he thinks fit, bu
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t
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six months shall not intervene between its last sitting in one session and the
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date appointed for its first sitting in the next session.
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(2) The Governor may from time to time—
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(a) prorogue the House or either House;
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(b) dissolve the Legislative Assembly.
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72
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THE CONSTITUTION OF INDIA
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175. Right of Governor to address and send messages to the House
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or Houses.—(1) The Governor may address the Legislative Assembly or, in
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the case of a State having a Legislative Council, either House of the Legislatur
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e
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of the State, or both Houses assembled together, and may for that purpose
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require the attendance of members.
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(2) The Governor may send messages to the House or Houses of the
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Legislature of the State, whether with respect to a Bill then pending in the
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Legislature or otherwise, and a House to which any message is so sent shall
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with all convenient despatch consider any matter required by the message to be
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taken into consideration.
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176. Special address by the Governor.—(1) At the commencement of
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the first session after each general election to the Legislative Assembly and at
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the commencement of the first session of each year, the Governor shall address
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the Legislative Assembly or, in the case of a State having a Legislative
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Council, both Houses assembled together and inform the Legislature of the
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causes of its summons.
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(2) Provision shall be made by the rules regulating the procedure of the
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||
House or either House for the allotment of time for discussion of the matters
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referred to in such address.
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177. Rights of Ministers and Advocate-General as respects the
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Houses.—Every Minister and the Advocate-General for a State shall have the
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right to speak in, and otherwise to take part in the proceedings of, the
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Legislative Assembly of the State or, in the case of a State having a Legislativ
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e
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Council, both Houses, and to speak in, and otherwise to take part in the
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proceedings of, any committee of the Legislature of which he may be named a
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member, but shall not, by virtue of this article, be entitled to vote.
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Officers of the State Legislature
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178. The Speaker and Deputy Speaker of the Legislative
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Assembly.—Every Legislative Assembly of a State shall, as soon as may be,
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choose two members of the Assembly to be respectively Speaker and Deputy
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||
Speaker thereof and, so often as the office of Speaker or Deputy Speaker
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||
becomes vacant, the Assembly shall choose another member to be Speaker or
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Deputy Speaker, as the case may be.
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||
179. Vacation and resignation of, and removal from, the offices of
|
||
Speaker and Deputy Speaker.—A member holding office as Speaker or
|
||
Deputy Speaker of an Assembly—
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(a) shall vacate his office if he ceases to be a member of the Assembly;
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(b) may at any time by writing under his hand addressed, if such
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||
member is the Speaker, to the Deputy Speaker, and if such member is
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||
the Deputy Speaker, to the Speaker, resign his office; and
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||
|
||
73
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||
THE CONSTITUTION OF INDIA
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(c) may be removed from his office by a resolution of the
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||
Assembly passed by a majority of all the then members of the Assembly:
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Provided that no resolution for the purpose of clause (c) shall be moved
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||
unless at least fourteen days' notice has been given of the intention to move th
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e
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resolution:
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||
Provided further that, whenever the Assembly is dissolved, the Speaker
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||
shall not vacate his office until immediately before the first meeting of the
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||
Assembly after the dissolution.
|
||
180. 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
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||
r
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||
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 Assembly
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||
as the Governor may appoint for the purpose.
|
||
(2) During the absence of the Speaker from any sitting of the Assembly
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||
the Deputy Speaker or, if he is also absent, such person as may be determined
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||
by the rules of procedure of the Assembly, or, if no such person is present, suc
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||
h
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||
other person as may be determined by the Assembly, shall act as Speaker.
|
||
181. The Speaker or the Deputy Speaker not to preside while a
|
||
resolution for his removal from office is under consideration.—(1) At any
|
||
sitting of the Legislative Assembly, 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
|
||
consideration, the Deputy Speaker, shall not, though he is present, preside, and
|
||
the provisions of clause (2) of article 180 shall apply in relation to every suc
|
||
h
|
||
sitting as they apply in relation to a sitting from which the Speaker or, as the
|
||
case may be, the Deputy Speaker, is absent.
|
||
(2) The Speaker shall have the right to speak in, and otherwise to take
|
||
part in the proceedings of, the Legislative Assembly while any resolution for
|
||
his removal from office is under consideration in the Assembly and shall,
|
||
notwithstanding anything in article 189, 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.
|
||
182. The Chairman and Deputy Chairman of the Legislative
|
||
Council.—The Legislative Council of every State having such Council shall, as
|
||
soon as may be, choose two members of the Council to be respectively
|
||
Chairman and Deputy Chairman thereof and, so often as the office of Chairman
|
||
or Deputy Chairman becomes vacant, the Council shall choose another member
|
||
to be Chairman or Deputy Chairman, as the case may be.
|
||
|
||
74
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
183. Vacation and resignation of, and removal from, the offices of
|
||
Chairman and Deputy Chairman.—A member holding office as Chairman or
|
||
Deputy Chairman of a Legislative Council—
|
||
(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, if such
|
||
member is the Chairman, to the Deputy Chairman, and if such member is
|
||
the Deputy Chairman, 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 the resol
|
||
ution.
|
||
184. 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
|
||
Chairman is vacant, the duties of the office shall be performed by the Deputy
|
||
Chairman or, if the office of Deputy Chairman is also vacant, by such member
|
||
of the Council as the Governor may appoint for the purpose.
|
||
(2) During the absence of the Chairman from any sitting of the Council
|
||
the Deputy Chairman or, if he is also absent, such person as may be determined
|
||
by the rules of procedure of the Council, or, if no such person is present, such
|
||
other person as may be determined by the Council, shall act as Chairman.
|
||
185. The Chairman or the Deputy Chairman not to preside while a
|
||
resolution for his removal from office is under consideration.—(1) At any
|
||
sitting of the Legislative Council, while any resolution for the removal of the
|
||
Chairman from his office is under consideration, the Chairman, or while any
|
||
resolution for the removal of the Deputy Chairman from his office is under
|
||
consideration, the Deputy Chairman, shall not, though he is present, preside,
|
||
and the provisions of clause (2) of article 184 shall apply in relation to every
|
||
such sitting as they apply in relation to a sitting from which the Chairman or,
|
||
as
|
||
the case may be, the Deputy Chairman is absent.
|
||
(2) The Chairman shall have the right to speak in, and otherwise to take
|
||
part in the proceedings of, the Legislative Council while any resolution for his
|
||
removal from office is under consideration in the Council and shall,
|
||
notwithstanding anything in article 189, 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.
|
||
|
||
75
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
186. Salaries and allowances of the Speaker and Deputy Speaker
|
||
and the Chairman and Deputy Chairman.—There shall be paid to the
|
||
Speaker and the Deputy Speaker of the Legislative Assembly, and to the
|
||
Chairman and the Deputy Chairman of the Legislative Council, such salaries
|
||
and allowances as may be respectively fixed by the Legislature of the State by
|
||
law and, until provision in that behalf is so made, such salaries and allowances
|
||
as are specified in the Second Schedule.
|
||
187. Secretariat of State Legislature.—(1) The House or each House
|
||
of the Legislature of a State shall have a separate secretarial staff:
|
||
Provided that nothing in this clause shall, in the case of the Legislature
|
||
of a State having a Legislative Council, be construed as preventing the creation
|
||
of posts common to both Houses of such Legislature.
|
||
(2) The Legislature of a State may by law regulate the recruitment, and
|
||
the conditions of service of persons appointed, to the secretarial staff of the
|
||
House or Houses of the Legislature of the State.
|
||
(3) Until provision is made by the Legislature of the State under clause (2),
|
||
the Governor may, after consultation with the Speaker of the Legislative Assembl
|
||
y
|
||
or the Chairman of the Legislative Council, as the case may be, make rules
|
||
regulating the recruitment, and the conditions of service of persons appointed,
|
||
to the
|
||
secretarial staff of the Assembly or the Council, and any rules so made shall ha
|
||
ve
|
||
effect subject to the provisions of any law made under the said clause.
|
||
Conduct of Business
|
||
188. Oath or affirmation by members.—Every member of the
|
||
Legislative Assembly or the Legislative Council of a State shall, before taking
|
||
his seat, make and subscribe before the Governor, 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.
|
||
189. Voting in Houses, power of Houses to act notwithstanding
|
||
vacancies and quorum.—(1) Save as otherwise provided in this Constitution,
|
||
all questions at any sitting of a House of the Legislature of a State shall be
|
||
determined by a majority of votes of the members present and voting, other
|
||
than the Speaker or Chairman, or person acting as such.
|
||
The Speaker or Chairman, or person acting as such, shall not vote in the
|
||
first instance, but shall have and exercise a casting vote in the case of an
|
||
equality of votes.
|
||
|
||
76
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) A House of the Legislature of a State shall have power to act
|
||
notwithstanding any vacancy in the membership thereof, and any proceedings
|
||
in the Legislature of a State shall be valid notwithstanding that it is discover
|
||
ed
|
||
subsequently that some person who was not entitled so to do sat or voted or
|
||
otherwise took part in the proceedings.
|
||
(3) Until the Legislature of the State by law otherwise provides, the
|
||
quorum to constitute a meeting of a House of the Legislature of a State shall be
|
||
ten members or one-tenth of the total number of members of the House,
|
||
whichever is greater.
|
||
(4) If at any time during a meeting of the Legislative Assembly or the
|
||
Legislative Council of a State there is no quorum, it shall be the duty of the
|
||
Speaker or Chairman, or person acting as such, either to adjourn the House or
|
||
to suspend the meeting until there is a quorum.
|
||
Disqualifications of Members
|
||
190. Vacation of seats.—(1) No person shall be a member of both
|
||
Houses of the Legislature of a State and provision shall be made by the
|
||
Legislature of the State by law for the vacation by a person who is chosen a
|
||
member of both Houses of his seat in one house or the other.
|
||
(2) No person shall be a member of the Legislatures of two or more
|
||
States specified in the First Schedule and if a person is chosen a member of the
|
||
Legislatures of two or more such States, then, at the expiration of such period
|
||
as may be specified in rules made by the President, that person's seat in the
|
||
Legislatures of all such States shall become vacant, unless he has previously
|
||
resigned his seat in the Legislatures of all but one of the States.
|
||
(3) If a member of a House of the Legislature of a State—
|
||
(a) becomes subject to any of the disqualifications mentioned in
|
||
clause (1) or clause (2) of article 191; or
|
||
(b) resigns his seat by writing under his hand addressed to the
|
||
speaker or the Chairman, as the case may be, and his resignation is
|
||
accepted by the Speaker or the Chairman, as the case may be,
|
||
his seat shall thereupon become vacant:
|
||
Provided that in the case of any resignation referred to in sub-clause (b), if
|
||
from information received or otherwise and after making such inquiry as he
|
||
thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that s
|
||
uch
|
||
resignation is not voluntary or genuine, he shall not accept such resignation.
|
||
|
||
77
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(4) If for a period of sixty days a member of a House of the Legislature
|
||
of a State is without permission of the House absent from all meetings thereof,
|
||
the House 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.
|
||
191. Disqualifications for membership.—(1) A person shall be
|
||
disqualified for being chosen as, and for being, a member of the Legislative
|
||
Assembly or Legislative Council of a State—
|
||
(a) if he holds any office of profit under the Government of India or
|
||
the Government of any State specified in the First Schedule, other than
|
||
an office declared by the Legislature of the State by law not to disqualify
|
||
its holder;
|
||
(b) if he is of unsound mind and stands so declared by a competent
|
||
court;
|
||
(c) if he is an undischarged insolvent;
|
||
(d) if he is not a citizen of India, or has voluntarily acquired the
|
||
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
|
||
deemed to hold an office of profit under the Government of India or the
|
||
Government of any State specified in the First Schedule by reason only that he
|
||
is a Minister either for the Union or for such State.
|
||
(2) A person shall be disqualified for being a member of the Legislative
|
||
Assembly or Legislative Council of a State if he is so disqualified under the
|
||
Tenth Schedule.
|
||
192. Decision on questions as to disqualifications of members.—(1)
|
||
If any question arises as to whether a member of a House of the Legislature of a
|
||
State has become subject to any of the disqualifications mentioned in clause (1)
|
||
of article 191, the question shall be referred for the decision of the Governor
|
||
and his decision shall be final.
|
||
(2) Before giving any decision on any such question, the Governor shall
|
||
obtain the opinion of the Election Commission and shall act according to such
|
||
opinion.
|
||
|
||
78
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
193. Penalty for sitting and voting before making oath or affirmation
|
||
under article 188 or when not qualified or when disqualified.—If a person
|
||
sits or votes as a member of the Legislative Assembly or the Legislative
|
||
Council of a State before he has complied with the requirements of article 188,
|
||
or when he knows that he is not qualified or that he is disqualified for
|
||
membership thereof, or that he is prohibited from so doing by the provisions of
|
||
any law made by Parliament or the Legislature of the State, he shall be liable i
|
||
n
|
||
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 State.
|
||
Powers, Privileges and Immunities of State Legislatures
|
||
and their Members
|
||
194. Powers, privileges, etc., of the Houses of Legislatures and of the
|
||
members and committees thereof.—(1) Subject to the provisions of this
|
||
Constitution and to the rules and standing orders regulating the procedure of th
|
||
e
|
||
Legislature, there shall be freedom of speech in the Legislature of every State.
|
||
(2) No member of the Legislature of a State shall be liable to any
|
||
proceedings in any court in respect of anything said or any vote given by him in
|
||
the Legislature or any committee thereof, and no person shall be so liable in
|
||
respect of the publication by or under the authority of a House of such a
|
||
Legislature of any report, paper, votes or proceedings.
|
||
(3) In other respects, the powers, privileges and immunities of a House
|
||
of the Legislature of a State, and of the members and the committees of a
|
||
House of such Legislature, shall be such as may from time to time be defined
|
||
by the Legislature by law, and, until so defined, shall be those of that House
|
||
and of its members and committees immediately before the coming into force
|
||
of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978.
|
||
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to
|
||
persons who by virtue of this Constitution have the right to speak in, and
|
||
otherwise to take part in the proceedings of, a House of the Legislature of a St
|
||
ate
|
||
or any committee thereof as they apply in relation to members of that Legislatur
|
||
e.
|
||
195. Salaries and allowances of members.—Members of the
|
||
Legislative Assembly and the Legislative Council of a State shall be entitled to
|
||
receive such salaries and allowances as may from time to time be determined,
|
||
by the Legislature of the State by law and, until provision in that respect is s
|
||
o
|
||
made, salaries and 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 Legislative Assembly of the corresponding Province.
|
||
|
||
79
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Legislative Procedure
|
||
196. Provisions as to introduction and passing of Bills.—(1) Subject
|
||
to the provisions of articles 198 and 207 with respect to Money Bills and other
|
||
financial Bills, a Bill may originate in either House of the Legislature of a St
|
||
ate
|
||
which has a Legislative Council.
|
||
(2) Subject to the provisions of articles 197 and 198, a Bill shall not be
|
||
deemed to have been passed by the Houses of the Legislature of a State having
|
||
a Legislative Council unless it has been agreed to by both Houses, either
|
||
without amendment or with such amendments only as are agreed to by both
|
||
Houses.
|
||
(3) A Bill pending in the Legislature of a State shall not lapse by reason
|
||
of the prorogation of the House or Houses thereof.
|
||
(4) A Bill pending in the Legislative Council of a State which has not
|
||
been passed by the Legislative Assembly shall not lapse on a dissolution of the
|
||
Assembly.
|
||
(5) A Bill which is pending in the Legislative Assembly of a State, or
|
||
which having been passed by the Legislative Assembly is pending in the
|
||
Legislative Council, shall lapse on a dissolution of the Assembly.
|
||
197. Restriction on powers of Legislative Council as to Bills other
|
||
than Money Bills.—(1) If after a Bill has been passed by the Legislative
|
||
Assembly of a State having a Legislative Council and transmitted to the
|
||
Legislative Council—
|
||
(a) the Bill is rejected by the Council; or
|
||
(b) more than three months elapse from the date on which the Bill is
|
||
laid before the Council without the Bill being passed by it; or
|
||
(c) the Bill is passed by the Council with amendments to which the
|
||
Legislative Assembly does not agree;
|
||
the Legislative Assembly may, subject to the rules regulating its procedure, pas
|
||
s the
|
||
Bill again in the same or in any subsequent session with or without such amendme
|
||
nts,
|
||
if any, as have been made, suggested or agreed to by the Legislative Council and
|
||
then
|
||
transmit the Bill as so passed to the Legislative Council.
|
||
(2) If after a Bill has been so passed for the second time by the
|
||
Legislative Assembly and transmitted to the Legislative Council—
|
||
(a) the Bill is rejected by the Council; or
|
||
|
||
80
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) more than one month elapses from the date on which the Bill is
|
||
laid before the Council without the Bill being passed by it; or
|
||
(c) the Bill is passed by the Council with amendments to which the
|
||
Legislative Assembly does not agree;
|
||
the Bill shall be deemed to have been passed by the Houses of the Legislature of
|
||
the
|
||
State in the form in which it was passed by the Legislative Assembly for the sec
|
||
ond
|
||
time with such amendments, if any, as have been made or suggested by the Legisla
|
||
tive
|
||
Council and agreed to by the Legislative Assembly.
|
||
(3) Nothing in this article shall apply to a Money Bill.
|
||
198. Special procedure in respect of Money Bills.—(1) A Money Bill
|
||
shall not be introduced in a Legislative Council.
|
||
(2) After a Money Bill has been passed by the Legislative Assembly of a
|
||
State having a Legislative Council, it shall be transmitted to the Legislative
|
||
Council for its recommendations, and the Legislative Council shall within a
|
||
period of fourteen days from the date of its receipt of the Bill return the Bill
|
||
to the
|
||
Legislative Assembly with its recommendations, and the Legislative Assembly
|
||
may thereupon either accept or reject all or any of the recommendations of the
|
||
Legislative Council.
|
||
(3) If the Legislative Assembly accepts any of the recommendations of
|
||
the Legislative Council, the Money Bill shall be deemed to have been passed
|
||
by both Houses with the amendments recommended by the Legislative Council
|
||
and accepted by the Legislative Assembly.
|
||
(4) If the Legislative Assembly does not accept any of the
|
||
recommendations of the Legislative Council, the Money Bill shall be deemed
|
||
to have been passed by both Houses in the form in which it was passed by the
|
||
Legislative Assembly without any of the amendments recommended by the
|
||
Legislative Council.
|
||
(5) If a Money Bill passed by the Legislative Assembly and transmitted
|
||
to the Legislative Council for its recommendations is not returned to the
|
||
Legislative Assembly 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 Legislative Assembly.
|
||
199. 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:—
|
||
(a) the imposition, abolition, remission, alteration or regulation of any tax;
|
||
|
||
81
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) the regulation of the borrowing of money or the giving of any
|
||
guarantee by the State, or the amendment of the law with respect to any
|
||
financial obligations undertaken or to be undertaken by the State;
|
||
(c) the custody of the Consolidated Fund or the Contingency Fund
|
||
of the State, the payment of moneys into or the withdrawal of moneys
|
||
from any such Fund;
|
||
(d) the appropriation of moneys out of the Consolidated Fund of
|
||
the State;
|
||
(e) the declaring of any expenditure to be expenditure charged on
|
||
the Consolidated Fund of the State, or the increasing of the amount of
|
||
any such expenditure;
|
||
(f) the receipt of money on account of the Consolidated Fund of the
|
||
State or the public account of the State or the custody or issue of such
|
||
money; or
|
||
(g) any matter incidental to any of the matters specified in subclauses (a) to (
|
||
f).
|
||
(2) A Bill shall not be deemed to be a Money Bill by reason only that it
|
||
provides for the imposition of fines or other pecuniary penalties, or for the
|
||
demand or payment of fees for licences or fees for services rendered, or by
|
||
reason that it provides for the imposition, abolition, remission, alteration or
|
||
regulation of any tax by any local authority or body for local purposes.
|
||
(3) If any question arises whether a Bill introduced in the Legislature of
|
||
a State which has a Legislative Council is a Money Bill or not, the decision of
|
||
the Speaker of the Legislative Assembly of such State thereon shall be final.
|
||
(4) There shall be endorsed on every Money Bill when it is transmitted
|
||
to the Legislative Council under article 198, and when it is presented to the
|
||
Governor for assent under article 200, the certificate of the Speaker of the
|
||
Legislative Assembly signed by him that it is a Money Bill.
|
||
200. Assent to Bills.—When a Bill has been passed by the Legislative
|
||
Assembly of a State or, in the case of a State having a Legislative Council, has
|
||
been passed by both Houses of the Legislature of the State, it shall be presente
|
||
d
|
||
to the Governor and the Governor shall declare either that he assents to the Bil
|
||
l
|
||
or that he withholds assent therefrom or that he reserves the Bill for the
|
||
consideration of the President:
|
||
|
||
82
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Provided that the Governor may, as soon as possible after the
|
||
presentation to him of the Bill for assent, return the Bill if it is not a Money
|
||
Bill
|
||
together with a message requesting that the House or Houses will reconsider
|
||
the Bill or any specified provisions thereof and, in particular, will consider t
|
||
he
|
||
desirability of introducing any such amendments as he may recommend in his
|
||
message and, when a Bill is so returned, the House or Houses shall reconsider
|
||
the Bill accordingly, and if the Bill is passed again by the House or Houses
|
||
with or without amendment and presented to the Governor for assent, the
|
||
Governor shall not withhold assent therefrom:
|
||
Provided further that the Governor shall not assent to, but shall reserve
|
||
for the consideration of the President, any Bill which in the opinion of the
|
||
Governor would, if it became law, so derogate from the powers of the High
|
||
Court as to endanger the position which that Court is by this Constitution
|
||
designed to fill.
|
||
201. Bills reserved for consideration.—When a Bill is reserved by a
|
||
Governor for the consideration of the President, the President shall declare
|
||
either that he assents to the Bill or that he withholds assent therefrom:
|
||
Provided that, where the Bill is not a Money Bill, the President may
|
||
direct the Governor to return the Bill to the House or, as the case may be, the
|
||
Houses of the Legislature of the State together with such a message as is
|
||
mentioned in the first proviso to article 200 and, when a Bill is so returned, t
|
||
he
|
||
House or Houses shall reconsider it accordingly within a period of six months
|
||
from the date of receipt of such message and, if it is again passed by the House
|
||
or Houses with or without amendment, it shall be presented again to the
|
||
President for his consideration.
|
||
Procedure in Financial Matters
|
||
202. Annual financial statement.—(1) The Governor shall in respect of
|
||
every financial year cause to be laid before the House or Houses of the
|
||
Legislature of the State a statement of the estimated receipts and expenditure o
|
||
f
|
||
the State 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—
|
||
(a) the sums required to meet expenditure described by this
|
||
Constitution as expenditure charged upon the Consolidated Fund of the
|
||
State; and
|
||
|
||
83
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) the sums required to meet other expenditure proposed to be made
|
||
from the Consolidated Fund of the State;
|
||
and shall distinguish expenditure on revenue account from other expenditure.
|
||
(3) The following expenditure shall be expenditure charged on the
|
||
Consolidated Fund of each State—
|
||
(a) the emoluments and allowances of the Governor and other
|
||
expenditure relating to his office;
|
||
(b) the salaries and allowances of the Speaker and the Deputy
|
||
Speaker of the Legislative Assembly and, in the case of a State having a
|
||
Legislative Council, also of the Chairman and the Deputy Chairman of
|
||
the Legislative Council;
|
||
(c) debt charges for which the State is liable including interest,
|
||
sinking fund charges and redemption charges, and other expenditure
|
||
relating to the raising of loans and the service and redemption of debt;
|
||
(d) expenditure in respect of the salaries and allowances of Judges of
|
||
any High Court;
|
||
(e) any sums required to satisfy any judgment, decree or award of any
|
||
court or arbitral tribunal;
|
||
(f) any other expenditure declared by this Constitution, or by the
|
||
Legislature of the State by law, to be so charged.
|
||
203. Procedure in Legislature with respect to estimates.—(1) So
|
||
much of the estimates as relates to expenditure charged upon the Consolidated
|
||
Fund of a State shall not be submitted to the vote of the Legislative Assembly,
|
||
but nothing in this clause shall be construed as preventing the discussion in th
|
||
e
|
||
Legislature of any of those estimates.
|
||
(2) So much of the said estimates as relates to other expenditure shall
|
||
be submitted in the form of demands for grants to the Legislative Assembly,
|
||
and the Legislative Assembly shall have power to assent, or to refuse to assent,
|
||
to any 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 Governor.
|
||
204. Appropriation Bills.—(1) As soon as may be after the grants under
|
||
article 203 have been made by the Assembly, there shall be introduced a Bill to
|
||
provide for the appropriation out of the Consolidated Fund of the State of all
|
||
moneys required to meet—
|
||
(a) the grants so made by the Assembly; and
|
||
|
||
84
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) the expenditure charged on the Consolidated Fund of the State but
|
||
not exceeding in any case the amount shown in the statement previously
|
||
laid before the House or Houses.
|
||
(2) No amendment shall be proposed to any such Bill in the House or
|
||
either House of the Legislature of the State which will have the effect of
|
||
varying the amount or altering the destination of any grant so made or of
|
||
varying the amount of any expenditure charged on the Consolidated Fund of
|
||
the State, and the decision of the person presiding as to whether an amendment
|
||
is inadmissible under this clause shall be final.
|
||
(3) Subject to the provisions of articles 205 and 206, no money shall be
|
||
withdrawn from the Consolidated Fund of the State except under appropriation
|
||
made by law passed in accordance with the provisions of this article.
|
||
205. Supplementary, additional or excess grants.—(1) The Governor
|
||
shall—
|
||
(a) if the amount authorised by any law made in accordance with the
|
||
provisions of article 204 to be expended for a particular service for the
|
||
current financial year is found to be insufficient for the purposes of that
|
||
year or when a need has arisen during the current financial year for
|
||
supplementary or additional expenditure upon some new service not
|
||
contemplated in the annual financial statement for that year, or
|
||
(b) if any money has been spent on any service during a financial
|
||
year in excess of the amount granted for that service and for that year,
|
||
cause to be laid before the House or the Houses of the Legislature of the State
|
||
another statement showing the estimated amount of that expenditure or cause to
|
||
be presented to the Legislative Assembly of the State a demand for such excess,
|
||
as the case may be.
|
||
(2) The provisions of articles 202, 203 and 204 shall have effect in
|
||
relation to any such statement and expenditure or demand and also to any law
|
||
to be made authorising the appropriation of moneys out of the Consolidated
|
||
Fund of the State to meet such expenditure or the grant in respect of such
|
||
demand 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 the State to meet such expenditure or grant.
|
||
|
||
85
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
206. Votes on account, votes of credit and exceptional grants.—(1)
|
||
Notwithstanding anything in the foregoing provisions of this Chapter, the
|
||
Legislative Assembly of a State 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 203 for the voting of such grant and
|
||
the passing of the law in accordance with the provisions of article 204 in
|
||
relation to that expenditure;
|
||
(b) to make a grant for meeting an unexpected demand upon the
|
||
resources of the State when on account of the magnitude or the indefinite
|
||
character of the service the demand cannot be stated with the details
|
||
ordinarily given in an annual financial statement;
|
||
(c) to make an exceptional grant which forms no part of the current
|
||
service of any financial year;
|
||
and the Legislature of the State shall have power to authorise by law the
|
||
withdrawal of moneys from the Consolidated Fund of the State for the purposes
|
||
for which the said grants are made.
|
||
(2) The provisions of articles 203 and 204 shall have effect in relation to
|
||
the making of any grant under clause (1) and to any law to be made under that
|
||
clause as they have effect in relation to the making of a grant with regard to a
|
||
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 the State to meet such expenditure.
|
||
207. 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 199 shall not be introduced or moved except on the
|
||
recommendation of the Governor, and a Bill making such provision shall not be
|
||
introduced in a Legislative Council:
|
||
Provided that no recommendation shall be required under this clause for
|
||
the moving of an amendment making provision for the reduction or abolition of
|
||
any tax.
|
||
(2) A Bill or amendment shall not be deemed to make provision for any
|
||
of the matters aforesaid by reason only that it provides for the imposition of
|
||
fines or other pecuniary penalties, or for the demand or payment of fees for
|
||
licences or fees for services rendered, or by reason that it provides for the
|
||
imposition, abolition, remission, alteration or regulation of any tax by any loc
|
||
al
|
||
authority or body for local purposes.
|
||
|
||
86
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(3) A Bill which, if enacted and brought into operation, would involve
|
||
expenditure from the Consolidated Fund of a State shall not be passed by a
|
||
House of the Legislature of the State unless the Governor has recommended to
|
||
that House the consideration of the Bill.
|
||
Procedure Generally
|
||
208. Rules of procedure.—(1) A House of the Legislature of a State
|
||
may make rules for regulating, subject to the provisions of this Constitution, i
|
||
ts
|
||
procedure and the conduct of its business.
|
||
(2) Until rules are made under clause (1), the rules of procedure and
|
||
standing orders in force immediately before the commencement of this
|
||
Constitution with respect to the Legislature for the corresponding Province shal
|
||
l
|
||
have effect in relation to the Legislature of the State subject to such modifica
|
||
tions
|
||
and adaptations as may be made therein by the Speaker of the Legislative
|
||
Assembly, or the Chairman of the Legislative Council, as the case may be.
|
||
(3) In a State having a Legislative Council the Governor, after
|
||
consultation with the Speaker of the Legislative Assembly and the Chairman of
|
||
the Legislative Council, may make rules as to the procedure with respect to
|
||
communications between the two Houses.
|
||
209. Regulation by law of procedure in the Legislature of the State in
|
||
relation to financial business.—The Legislature of a State may, for the purpos
|
||
e
|
||
of the timely completion of financial business, regulate by law the procedure of
|
||
,
|
||
and the conduct of business in, the House or Houses of the Legislature of the
|
||
State in relation to any financial matter or to any Bill for the appropriation o
|
||
f
|
||
moneys out of the Consolidated Fund of the State, and, if and so far as any
|
||
provision of any law so made is inconsistent with any rule made by the House or
|
||
either House of the Legislature of the State under clause (1) of article 208 or
|
||
with
|
||
any rule or standing order having effect in relation to the Legislature of the S
|
||
tate
|
||
under clause (2) of that article, such provision shall prevail.
|
||
210. Language to be used in the Legislature.—(1) Notwithstanding
|
||
anything in Part XVII, but subject to the provisions of article 348, business in
|
||
the Legislature of a State shall be transacted in the official language or
|
||
languages of the State or in Hindi or in English:
|
||
Provided that the Speaker of the Legislative Assembly or Chairman of
|
||
the Legislative Council, or person acting as such, as the case may be, may
|
||
permit any member who cannot adequately express himself in any of the
|
||
languages aforesaid to address the House in his mother-tongue.
|
||
|
||
87
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) Unless the Legislature of the State 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<73>
|
||
<EFBFBD><EFBFBD>
|
||
were omitted therefrom:
|
||
Provided that in relation to the Legislatures of the States of Himachal
|
||
Pradesh, Manipur, Meghalaya and Tripura this clause shall have effect as if for
|
||
the words “fifteen years” occurring therein, the words “twenty-five years<72>
|
||
<EFBFBD><EFBFBD> were
|
||
substituted:
|
||
Provided further that in relation to the Legislatures of the States of
|
||
Arunachal Pradesh, Goa and Mizoram, this clause shall have effect as if for the
|
||
words "fifteen years" occurring therein, the words "forty years" were
|
||
substituted.
|
||
211. Restriction on discussion in the Legislature.—No discussion
|
||
shall take place in the Legislature of a State with respect to the conduct of an
|
||
y
|
||
Judge of the Supreme Court or of a High Court in the discharge of his duties.
|
||
212. Courts not to inquire into proceedings of the Legislature.—(1)
|
||
The validity of any proceedings in the Legislature of a State shall not be calle
|
||
d
|
||
in question on the ground of any alleged irregularity of procedure.
|
||
(2) No officer or member of the Legislature of a State in whom powers
|
||
are vested by or under this Constitution for regulating procedure or the conduct
|
||
of business, or for maintaining order, in the Legislature shall be subject to th
|
||
e
|
||
jurisdiction of any court in respect of the exercise by him of those powers.
|
||
CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR
|
||
213. Power of Governor to promulgate Ordinances during recess of
|
||
Legislature.—(1) If at any time, except when the Legislative Assembly of a
|
||
State is in session, or where there is a Legislative Council in a State, except
|
||
when both Houses of the Legislature are in session, the Governor 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:
|
||
Provided that the Governor shall not, without instructions from the
|
||
President, promulgate any such Ordinance if—
|
||
(a) a Bill containing the same provisions would under this
|
||
Constitution have required the previous sanction of the President for the
|
||
introduction thereof into the Legislature; or
|
||
|
||
88
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) he would have deemed it necessary to reserve a Bill
|
||
containing the same provisions for the consideration of the President; or
|
||
(c) an Act of the Legislature of the State containing the same
|
||
provisions would under this Constitution have been invalid unless,
|
||
having been reserved for the consideration of the President, it had
|
||
received the assent of the President.
|
||
(2) An Ordinance promulgated under this article shall have the same
|
||
force and effect as an Act of the Legislature of the State assented to by the
|
||
Governor, but every such Ordinance—
|
||
(a) shall be laid before the Legislative Assembly of the State, or
|
||
where there is a Legislative Council in the State, before both the Houses,
|
||
and shall cease to operate at the expiration of six weeks from the
|
||
reassembly of the Legislature, or if before the expiration of that period a
|
||
resolution disapproving it is passed by the Legislative Assembly and
|
||
agreed to by the Legislative Council, if any, upon the passing of the
|
||
resolution or, as the case may be, on the resolution being agreed to by
|
||
the Council; and
|
||
(b) may be withdrawn at any time by the Governor.
|
||
Explanation.—Where the Houses of the Legislature of a State having a
|
||
Legislative Council are summoned to reassemble on different dates, the period
|
||
of six weeks shall be reckoned from the later of those dates for the purposes of
|
||
this clause.
|
||
(3) If and so far as an Ordinance under this article makes any provision
|
||
which would not be valid if enacted in an Act of the Legislature of the State
|
||
assented to by the Governor, it shall be void:
|
||
Provided that, for the purposes of the provisions of this Constitution
|
||
relating to the effect of an Act of the Legislature of a State which is repugnan
|
||
t
|
||
to an Act of Parliament or an existing law with respect to a matter enumerated
|
||
in the Concurrent List, an Ordinance promulgated under this article in
|
||
pursuance of instructions from the President shall be deemed to be an Act of
|
||
the Legislature of the State which has been reserved for the consideration of th
|
||
e
|
||
President and assented to by him.
|
||
*
|
||
*
|
||
*
|
||
*
|
||
CHAPTER V.—THE HIGH COURTS IN THE STATES
|
||
214. High Courts for States.— There shall be a High Court for each State.
|
||
*
|
||
*
|
||
*
|
||
*
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
89
|
||
|
||
215. High Courts to be courts of record.—Every High Court shall be a
|
||
court of record and shall have all the powers of such a court including the
|
||
power to punish for contempt of itself.
|
||
216. Constitution of High Courts.—Every High Court shall consist of a
|
||
Chief Justice and such other Judges as the President may from time to time
|
||
deem it necessary to appoint.
|
||
*
|
||
|
||
*
|
||
|
||
*
|
||
|
||
*
|
||
|
||
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
|
||
,
|
||
and in any other case, until he attains the age of sixty-two years:
|
||
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 by the President in the
|
||
manner provided in clause (4) of article 124 for the removal of a Judge
|
||
of the Supreme Court;
|
||
(c) the office of a Judge shall be vacated by his being appointed by
|
||
the President to be a Judge of the Supreme Court or by his being
|
||
transferred by the President to any other High Court within the territory
|
||
of India.
|
||
(2) A person shall not be qualified for appointment as a Judge of a High
|
||
Court unless he is a citizen of India and—
|
||
(a) has for at least ten years held a judicial office in the territory of
|
||
India; or
|
||
(b) has for at least ten years been an advocate of a High Court or of
|
||
two or more such Courts in succession.
|
||
*
|
||
|
||
*
|
||
|
||
*
|
||
|
||
*
|
||
|
||
90
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Explanation.—For the purposes of this clause—
|
||
(a) in computing the period during which a person has held
|
||
judicial office in the territory of India, there shall be included any period,
|
||
after he has held any judicial office, during which the person has been an
|
||
advocate of a High Court or has held the office of a member of a tribunal
|
||
or any post, under the Union or a State, requiring special knowledge of
|
||
law;
|
||
(aa) in computing the period during which a person has been an
|
||
advocate of a High Court, there shall be included any period during
|
||
which the person has held judicial office or the office of a member of a
|
||
tribunal or any post, under the Union or a State, requiring special
|
||
knowledge of law after he became an advocate;
|
||
(b) in computing the period during which a person has held judicial
|
||
office in the territory of India or been an advocate of a High Court, there
|
||
shall be included any period before the commencement of this
|
||
Constitution during which he has held judicial office in any area which
|
||
was comprised before the fifteenth day of August, 1947, within India as
|
||
defined by the Government of India Act, 1935, or has been an advocate
|
||
of any High Court in any such area, as the case may be.
|
||
(3) If any question arises as to the age of a Judge of a High Court, the
|
||
question shall be decided by the President after consultation with the Chief
|
||
Justice of India and the decision of the President shall be final.
|
||
218. Application of certain provisions relating to Supreme Court to
|
||
High Courts.— The provisions of clauses (4) and (5) of article 124 shall apply
|
||
in relation to a High Court as they apply in relation to the Supreme Court with
|
||
the substitution of references to the High Court for references to the Supreme
|
||
Court.
|
||
219. Oath or affirmation by Judges of High Courts.—Every person
|
||
appointed to be a Judge of a High Court shall, before he enters upon his office,
|
||
make and subscribe before the Governor of the State, or some person appointed
|
||
in that behalf by him, an oath or affirmation according to the form set out for
|
||
the purpose in the Third Schedule.
|
||
|
||
91
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
220. Restriction on practice after being a permanent Judge.—No
|
||
person who, after the commencement of this Constitution, has held office as a
|
||
permanent Judge of a High Court shall plead or act in any court or before any
|
||
authority in India except the Supreme Court and the other High Courts.
|
||
Explanation.—In this article, the expression “High Court” does not
|
||
include a High Court for a State specified in Part B of the First Schedule as it
|
||
existed before the commencement of the Constitution (Seventh Amendment)
|
||
Act, 1956.
|
||
221. Salaries, etc., of Judges.— (1) There shall be paid to the Judges of
|
||
each High Court such salaries as may be determined by Parliament by law and,
|
||
until provision in that behalf is so made, such salaries as are specified in the
|
||
Second Schedule.
|
||
(2) Every Judge shall be entitled to such allowances and to such rights in
|
||
respect of leave of absence and pension as may from time to time be
|
||
determined by or under law made by Parliament and, until so determined, to
|
||
such allowances and rights as are specified in the Second Schedule:
|
||
Provided that neither the allowances of a Judge nor his rights in respect
|
||
of leave of absence or pension shall be varied to his disadvantage after his
|
||
appointment.
|
||
222. Transfer of a Judge from one High Court to another.—(1) The
|
||
President may, after consultation with the Chief Justice of India, transfer a
|
||
Judge from one High Court to any other High Court.
|
||
(2) When a Judge has been or is so transferred, he shall, during the
|
||
period he serves, after the commencement of the Constitution (Fifteenth
|
||
Amendment) Act, 1963, as a Judge of the other High Court, be entitled to
|
||
receive in addition to his salary such compensatory allowance as may be
|
||
determined by Parliament by law and, until so determined, such compensatory
|
||
allowance as the President may by order fix.
|
||
223. Appointment of acting Chief Justice.—When the office of Chief
|
||
Justice of a High Court is vacant or when any such Chief Justice is, by reason
|
||
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.
|
||
|
||
92
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
224. Appointment of additional and acting Judges.—(1) If by reason
|
||
of any temporary increase in the business of a High Court or by reason of
|
||
arrears of work therein, it appears to the President that the number of the
|
||
Judges of that Court should be for the time being increased, the President may
|
||
appoint duly qualified persons to be additional Judges of the Court for such
|
||
period not exceeding two years as he may specify.
|
||
(2) When any Judge of a High Court other than the Chief Justice is by
|
||
reason of absence or for any other reason unable to perform the duties of his
|
||
office or is appointed to act temporarily as Chief Justice, the President may
|
||
appoint a duly qualified person to act as a Judge of that Court until the
|
||
permanent Judge has resumed his duties.
|
||
(3) No person appointed as an additional or acting Judge of a High
|
||
Court shall hold office after attaining the age of sixty-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
|
||
any person who has held the office of a Judge of that Court or of any other
|
||
High Court to sit and act as a Judge of the High Court for that State, and every
|
||
such person so requested shall, while so sitting and acting, be entitled to such
|
||
allowances as the President may by order determine and have all the
|
||
jurisdiction, powers and privileges of, but shall not otherwise be deemed to be,
|
||
a Judge of that High Court:
|
||
Provided that nothing in this article shall be deemed to require any such
|
||
person as aforesaid to sit and act as a Judge of that High Court unless he
|
||
consents so to do.
|
||
225. Jurisdiction of existing High Courts.—Subject to the provisions
|
||
of this Constitution and to the provisions of any law of the appropriate
|
||
Legislature made by virtue of powers conferred on that Legislature by this
|
||
Constitution, the jurisdiction of, and the law administered in, any existing Hig
|
||
h
|
||
Court, and the respective powers of the Judges thereof in relation to the
|
||
administration of justice in the Court, including any power to make rules of
|
||
Court and to regulate the sittings of the Court and of members thereof sitting
|
||
alone or in Division Courts, shall be the same as immediately before the
|
||
commencement of this Constitution:
|
||
|
||
93
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Provided that any restriction to which the exercise of original jurisdiction
|
||
by any of the High Courts with respect to any matter concerning the revenue or
|
||
concerning any act ordered or done in the collection thereof was subject
|
||
immediately before the commencement of this Constitution shall no longer
|
||
apply to the exercise of such jurisdiction.
|
||
226. Power of High Courts to issue certain writs.—(1)
|
||
Notwithstanding anything in article 32, every High Court shall have power,
|
||
throughout the territories in relation to which it exercises jurisdiction, to is
|
||
sue
|
||
to any person or authority, including in appropriate cases, any Government,
|
||
within those territories directions, orders or writs, including writs in the nat
|
||
ure
|
||
of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any
|
||
of them, for the enforcement of any of the rights conferred by Part III and for
|
||
any other purpose.
|
||
(2) The power conferred by clause (1) to issue directions, orders or writs
|
||
to any Government, authority or person may also be exercised by any High
|
||
Court exercising jurisdiction in relation to the territories within which the ca
|
||
use
|
||
of action, wholly or in part, arises for the exercise of such power,
|
||
notwithstanding that the seat of such Government or authority or the residence
|
||
of such person is not within those territories.
|
||
(3) Where any party against whom an interim order, whether by way of
|
||
injunction or stay or in any other manner, is made on, or in any proceedings
|
||
relating to, a petition under clause (1), without—
|
||
(a) furnishing to such party copies of such petition and all documents
|
||
in support of the plea for such interim order; and
|
||
(b) giving such party an opportunity of being heard,
|
||
makes an application to the High Court for the vacation of such order and
|
||
furnishes a copy of such application to the party in whose favour such order has
|
||
been made or the counsel of such party, the High Court shall dispose of the
|
||
application within a period of two weeks from the date on which it is received o
|
||
r
|
||
from the date on which the copy of such application is so furnished, whichever i
|
||
s
|
||
later, or where the High Court is closed on the last day of that period, before
|
||
the
|
||
expiry of the next day afterwards on which the High Court is open; and if the
|
||
application is not so disposed of, the interim order shall, on the expiry of tha
|
||
t
|
||
period, or, as the case may be, the expiry of the said next day, stand vacated.
|
||
(4) The power conferred on a High Court by this article shall not be in
|
||
derogation of the power conferred on the Supreme Court by clause (2) of article
|
||
32.
|
||
|
||
94
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
226A. [Constitutional validity of Central laws not to be considered in
|
||
proceedings under article 226.] Rep. by the Constitution (Forty-third
|
||
Amendment) Act, 1977, s. 8 (w.e.f. 13-4-1978).
|
||
227. Power of superintendence over all courts by the High Court.—
|
||
(1) Every High Court shall have superintendence over all courts and tribunals
|
||
throughout the territories in relation to which it exercises jurisdiction.
|
||
(2) Without prejudice to the generality of the foregoing provision, the
|
||
High Court may—
|
||
(a) call for returns from such courts;
|
||
(b) make and issue general rules and prescribe forms for regulating
|
||
the practice and proceedings of such courts; and
|
||
(c) prescribe forms in which books, entries and accounts shall be kept
|
||
by the officers of any such courts.
|
||
(3) The High Court may also settle tables of fees to be allowed to the
|
||
sheriff and all clerks and officers of such courts and to attorneys, advocates a
|
||
nd
|
||
pleaders practising therein:
|
||
Provided that any rules made, forms prescribed or tables settled under
|
||
clause (2) or clause (3) shall not be inconsistent with the provision of any law
|
||
for the time being in force, and shall require the previous approval of the
|
||
Governor.
|
||
(4) Nothing in this article shall be deemed to confer on a High Court
|
||
powers of superintendence over any court or tribunal constituted by or under
|
||
any law relating to the Armed Forces.
|
||
*
|
||
*
|
||
*
|
||
*
|
||
228. Transfer of certain cases to High Court.—If the High Court is
|
||
satisfied that a case pending in a court subordinate to it involves a substantia
|
||
l
|
||
question of law as to the interpretation of this Constitution the determination
|
||
of
|
||
which is necessary for the disposal of the case, it shall withdraw the case and
|
||
may—
|
||
(a) either dispose of the case itself, or
|
||
(b) determine the said question of law and return the case to the
|
||
court from which the case has been so withdrawn together with a copy of
|
||
its judgment on such question, and the said court shall on receipt thereof
|
||
proceed to dispose of the case in conformity with such judgment.
|
||
|
||
95
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
228A. [Special provisions as to disposal of questions relating to
|
||
constitutional validity of State laws.] Rep. by the Constitution (Forty-third
|
||
Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978).
|
||
229. Officers and servants and the expenses of High Courts.—(1)
|
||
Appointments of officers and servants of a High Court shall be made by the
|
||
Chief Justice of the Court or such other Judge or officer of the Court as he may
|
||
direct:
|
||
Provided that the Governor of the State may by rule require that in such
|
||
cases as may be specified in the rule no person not already attached to the
|
||
Court shall be appointed to any office connected with the Court save after
|
||
consultation with the State Public Service Commission.
|
||
(2) Subject to the provisions of any law made by the Legislature of the
|
||
State, the conditions of service of officers and servants of a High Court shall
|
||
be
|
||
such as may be prescribed by rules made by the Chief Justice of the Court or by
|
||
some other Judge or officer of the Court authorised by the Chief Justice to
|
||
make rules for the purpose:
|
||
Provided that the rules made under this clause shall, so far as they relate
|
||
to salaries, allowances, leave or pensions, require the approval of the Governor
|
||
of the State.
|
||
(3) The administrative expenses of a High Court, including all salaries,
|
||
allowances and pensions payable to or in respect of the officers and servants of
|
||
the Court, shall be charged upon the Consolidated Fund of the State, and any
|
||
fees or other moneys taken by the Court shall form part of that Fund.
|
||
230. Extension of jurisdiction of High Courts to Union territories.—
|
||
(1) Parliament may by law extend the jurisdiction of a High Court to, or
|
||
exclude the jurisdiction of a High Court from, any Union territory.
|
||
(2) Where the High Court of a State exercises jurisdiction in relation to a
|
||
Union territory,—
|
||
(a) nothing in this Constitution shall be construed as empowering the
|
||
Legislature of the State to increase, restrict or abolish that jurisdiction;
|
||
and
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
96
|
||
|
||
(b) the reference in article 227 to the Governor shall, in relation to
|
||
any rules, forms or tables for subordinate courts in that territory, be
|
||
construed as a reference to the President.
|
||
231. Establishment of a common High Court for two or more
|
||
States.—(1) Notwithstanding anything contained in the preceding provisions of
|
||
this Chapter, Parliament may by law establish a common High Court for two or
|
||
more States or for two or more States and a Union territory.
|
||
(2) In relation to any such High Court,—
|
||
(a) the reference in article 217 to the Governor of the State shall
|
||
be construed as a reference to the Governors of all the States in relation
|
||
to which the High Court exercises jurisdiction;
|
||
(b) the reference in article 227 to the Governor shall, in relation to
|
||
any rules, forms or tables for subordinate courts, be construed as a
|
||
reference to the Governor of the State in which the subordinate courts
|
||
are situate; and
|
||
(c) the references in articles 219 and 229 to the State shall be
|
||
construed as a reference to the State in which the High Court has its
|
||
principal seat:
|
||
Provided that if such principal seat is in a Union territory, the references
|
||
in articles 219 and 229 to the Governor, Public Service Commission,
|
||
Legislature and Consolidated Fund of the State shall be construed respectively
|
||
as references to the President, Union Public Service Commission, Parliament
|
||
and Consolidated Fund of India.
|
||
*
|
||
|
||
*
|
||
|
||
*
|
||
|
||
*
|
||
|
||
CHAPTER VI.—SUBORDINATE COURTS
|
||
233. Appointment of district judges.—(1) Appointments of persons to
|
||
be, and the posting and promotion of, district judges in any State shall be made
|
||
by the Governor of the State in consultation with the High Court exercising
|
||
jurisdiction in relation to such State.
|
||
(2) A person not already in the service of the Union or of the State shall
|
||
only be eligible to be appointed a district judge if he has been for not less th
|
||
an
|
||
seven years an advocate or a pleader and is recommended by the High Court
|
||
for appointment.
|
||
|
||
97
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
233A. Validation of appointments of, and judgments, etc.,
|
||
delivered by, certain district judges.—Notwithstanding any judgment,
|
||
decree or order of any court,—
|
||
(a) (i) no appointment of any person already in the judicial service of
|
||
a State or of any person who has been for not less than seven years an
|
||
advocate or a pleader, to be a district judge in that State, and
|
||
(ii) no posting, promotion or transfer of any such person as a
|
||
district judge,
|
||
made at any time before the commencement of the Constitution (Twentieth
|
||
Amendment) Act, 1966, otherwise than in accordance with the provisions
|
||
of article 233 or article 235 shall be deemed to be illegal or void or ever to
|
||
have become illegal or void by reason only of the fact that such
|
||
appointment, posting, promotion or transfer was not made in accordance
|
||
with the said provisions;
|
||
(b) no jurisdiction exercised, no judgment, decree, sentence or order
|
||
passed or made, and no other act or proceeding done or taken, before the
|
||
commencement of the Constitution (Twentieth Amendment) Act, 1966
|
||
by, or before, any person appointed, posted, promoted or transferred as a
|
||
district judge in any State otherwise than in accordance with the
|
||
provisions of article 233 or article 235 shall be deemed to be illegal or
|
||
invalid or ever to have become illegal or invalid by reason only of the
|
||
fact that such appointment, posting, promotion or transfer was not made
|
||
in accordance with the said provisions.
|
||
234. Recruitment of persons other than district judges to the judicial
|
||
service.—Appointments of persons other than district judges to the judicial se
|
||
rvice
|
||
of a State shall be made by the Governor of the State in accordance with rules m
|
||
ade
|
||
by him in that behalf after consultation with the State Public Service Commissio
|
||
n
|
||
and with the High Court exercising jurisdiction in relation to such State.
|
||
235. Control over subordinate courts.—The control over district
|
||
courts and courts subordinate thereto including the posting and promotion of,
|
||
and the grant of leave to, persons belonging to the judicial service of a State
|
||
and holding any post inferior to the post of district judge shall be vested in t
|
||
he
|
||
High Court, but nothing in this article shall be construed as taking away from
|
||
any such person any right of appeal which he may have under the law
|
||
regulating the conditions of his service or as authorising the High Court to dea
|
||
l
|
||
with him otherwise than in accordance with the conditions of his service
|
||
prescribed under such law.
|
||
|
||
98
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
236. Interpretation.— In this Chapter—
|
||
(a) the expression “district judge” includes judge of a city civil court,
|
||
additional district judge, joint district judge, assistant district judge, chief
|
||
judge of a small cause court, chief presidency magistrate, additional
|
||
chief presidency magistrate, sessions judge, additional sessions judge
|
||
and assistant sessions Judge;
|
||
(b) the expression “judicial service” means a service consisting
|
||
exclusively of persons intended to fill the post of district judge and other
|
||
civil judicial posts inferior to the post of district judge.
|
||
237. Application of the provisions of this Chapter to certain class or
|
||
classes of magistrates.—The Governor may by public notification direct that
|
||
the foregoing provisions of this Chapter and any rules made thereunder shall
|
||
with effect from such date as may be fixed by him in that behalf apply in
|
||
relation to any class or classes of magistrates in the State as they apply in
|
||
relation to persons appointed to the judicial service of the State subject to su
|
||
ch
|
||
exceptions and modifications as may be specified in the notification.
|
||
|
||
|