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83 KiB
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PART V
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THE UNION
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CHAPTER I.—THE EXECUTIVE
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The President and Vice-President
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52. The President of India.—There shall be a President of India.
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53. Executive power of the Union.—(1) The executive power of the Union
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shall be vested in the President and shall be exercised by him either directly o
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r
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through officers subordinate to him in accordance with this Constitution.
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(2) Without prejudice to the generality of the foregoing provision, the
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supreme command of the Defence Forces of the Union shall be vested in the
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President and the exercise thereof shall be regulated by law.
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(3) Nothing in this article shall—
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(a) be deemed to transfer to the President any functions conferred
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by any existing law on the Government of any State or other authority; or
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(b) prevent Parliament from conferring by law functions on
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authorities other than the President.
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54. Election of President.—The President shall be elected by the
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members of an electoral college consisting of—
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(a) the elected members of both Houses of Parliament; and
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(b) the elected members of the Legislative Assemblies of the States.
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55. Manner of election of President.—(1) As far as practicable, there
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shall be uniformity in the scale of representation of the different States at th
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e
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election of the President.
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(2) For the purpose of securing such uniformity among the States inter se
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as well as parity between the States as a whole and the Union, the number of
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votes which each elected member of Parliament and of the Legislative
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Assembly of each State is entitled to cast at such election shall be determined
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in
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the following manner:—
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(a) every elected member of the Legislative Assembly of a State shall
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have as many votes as there are multiples of one thousand in the quotient
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obtained by dividing the population of the State by the total number of
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the elected members of the Assembly;
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______________________________________________
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* Now Puducherry vide the Pondicherry (Alteration of Name) Act, 2006, s.3 (w.e.f
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. 1-10-2006).
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23
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24
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THE CONSTITUTION OF INDIA
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(b) if, after taking the said multiples of one thousand, the remainder is
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not less than five hundred, then the vote of each member referred to in
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sub-clause (a) shall be further increased by one;
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(c) each elected member of either House of Parliament shall have
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such number of votes as may be obtained by dividing the total number of
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votes assigned to the members of the Legislative Assemblies of the
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States under sub-clauses (a) and (b) by the total number of the elected
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members of both Houses of Parliament, fractions exceeding one-half
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being counted as one and other fractions being disregarded.
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(3) The election of the President shall be held in accordance with the
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system of proportional representation by means of the single transferable vote
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and the voting at such election shall be by secret ballot.
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Explanation.—In this article, 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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56. Term of office of President.—(1) The President shall hold office for
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a term of five years from the date on which he enters upon his office:
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Provided that—
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(a) the President may, by writing under his hand addressed to the
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Vice-President, resign his office;
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(b) the President may, for violation of the Constitution, be removed
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from office by impeachment in the manner provided in article 61;
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(c) the President shall, notwithstanding the expiration of his term,
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continue to hold office until his successor enters upon his office.
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(2) Any resignation addressed to the Vice-President under clause (a) of
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the proviso to clause (1) shall forthwith be communicated by him to the
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Speaker of the House of the People.
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57. Eligibility for re-election.—A person who holds, or who has held,
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office as President shall, subject to the other provisions of this Constitution,
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be
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eligible for re-election to that office.
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25
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THE CONSTITUTION OF INDIA
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58. Qualifications for election as President.—(1) No person shall be
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eligible for election as President unless he—
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(a) is a citizen of India,
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(b) has completed the age of thirty-five years, and
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(c) is qualified for election as a member of the House of the People.
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(2) A person shall not be eligible for election as President if he holds
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any office of profit under the Government of India or the Government of any
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State or under any local or other authority subject to the control of any of the
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said Governments.
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Explanation.—For the purposes of this article, a person shall not be
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deemed to hold any office of profit by reason only that he is the President or
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Vice-President of the Union or the Governor of any State or is a Minister either
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for the Union or for any State.
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59. Conditions of President's office.—(1) The President 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, and if a member of either House of Parliament or of a House of the
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Legislature of any State be elected President, he shall be deemed to have
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vacated his seat in that House on the date on which he enters upon his office as
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President.
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(2) The President shall not hold any other office of profit.
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(3) The President 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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(4) The emoluments and allowances of the President shall not be
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diminished during his term of office.
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60. Oath or affirmation by the President.—Every President and every
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person acting as President or discharging the functions of the President shall,
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before entering upon his office, make and subscribe in the presence of the Chief
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Justice of India or, in his absence, the senior-most Judge of the Supreme Court
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available, an oath or affirmation in the 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 office
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solemnly affirm
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of President (or discharge the functions of the President) of India and will to
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the best
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of my ability preserve, protect and defend the Constitution and the law and that
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I will devote myself to the service and well-being of the people of India.".
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26
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THE CONSTITUTION OF INDIA
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61. Procedure for impeachment of the President.—(1) When a
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President is to be impeached for violation of the Constitution, the charge shall
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be preferred by either House of Parliament.
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(2) No such charge shall be preferred unless—
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(a) the proposal to prefer such charge is contained in a resolution
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which has been moved after at least fourteen days' notice in writing
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signed by not less than one-fourth of the total number of members of the
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House has been given of their intention to move the resolution, and
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(b) such resolution has been passed by a majority of not less than
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two-thirds of the total membership of the House.
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(3) When a charge has been so preferred by either House of Parliament,
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the other House shall investigate the charge or cause the charge to be
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investigated and the President shall have the right to appear and to be
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represented at such investigation.
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(4) If as a result of the investigation a resolution is passed by a majority
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of not less than two-thirds of the total membership of the House by which the
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charge was investigated or caused to be investigated, declaring that the charge
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preferred against the President has been sustained, such resolution shall have
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the effect of removing the President from his office as from the date on which
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the resolution is so passed.
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62. Time of holding election to fill vacancy in the office of President
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and the term of office of person elected to fill casual vacancy.—(1) An
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election to fill a vacancy caused by the expiration of the term of office of
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President shall be completed before the expiration of the term.
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(2) An election to fill a vacancy in the office of President occurring by
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reason of his death, resignation or removal, or otherwise shall be held as soon
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as possible after, and in no case later than six months from, the date of
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occurrence of the vacancy; and the person elected to fill the vacancy shall,
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subject to the provisions of article 56, be entitled to hold office for the full
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term
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of five years from the date on which he enters upon his office.
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63. The Vice-President of India.—There shall be a Vice-President of India.
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64. The Vice-President to be ex officio Chairman of the Council of
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States.—The Vice-President shall be ex officio Chairman of the Council of the
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States and shall not hold any other office of profit:
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Provided that during any period when the Vice-President acts as
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President or discharges the functions of the President under article 65, he shal
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l
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not perform the duties of the office of Chairman of the Council of States and
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shall not be entitled to any salary or allowance payable to the Chairman of the
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Council of States under article 97.
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27
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THE CONSTITUTION OF INDIA
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65. The Vice-President to act as President or to discharge his
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functions during casual vacancies in the office, or during the absence,
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of President.—(1) In the event of the occurrence of any vacancy in the office
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of the President by reason of his death, resignation or removal, or otherwise,
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the Vice-President shall act as President until the date on which a new
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President elected in accordance with the provisions of this Chapter to fill such
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vacancy enters upon his office.
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(2) When the President is unable to discharge his functions owing to
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absence, illness or any other cause, the Vice-President shall discharge his
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functions until the date on which the President resumes his duties.
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(3) The Vice-President shall, during, and in respect of, the period while
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he is so acting as, or discharging the functions of, President, have all the
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powers and immunities of the President and be 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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66. Election of Vice-President.—(1) The Vice-President shall be
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elected by the members of both Houses of Parliament
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assembled at a joint meeting in accordance with the system of proportional
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representation by means of the single transferable vote and the voting at such
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election shall be by secret ballot.
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(2) The Vice-President shall not be a member of either House of
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Parliament or of a House of the Legislature of any State, and if a member of
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either House of Parliament or of a House of the Legislature of any State be
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elected Vice-President, he shall be deemed to have vacated his seat in that
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House on the date on which he enters upon his office as Vice-President.
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(3) No person shall be eligible for election as Vice-President unless he—
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(a) is a citizen of India;
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(b) has completed the age of thirty-five years; and
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(c) is qualified for election as a member of the Council of States.
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(4) A person shall not be eligible for election as Vice-President if he
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holds any office of profit under the Government of India or the Government of
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any State or under any local or other authority subject to the control of any of
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the said Governments.
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28
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THE CONSTITUTION OF INDIA
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Explanation.— For the purposes of this article, a person shall not be
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deemed to hold any office of profit by reason only that he is the President or
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Vice-President of the Union or the Governor of any State or is a Minister either
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for the Union or for any State.
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67. Term of office of Vice-President.—The Vice-President shall hold
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office for a term of five years from the date on which he enters upon his office
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:
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Provided that—
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(a) a Vice-President may, by writing under his hand addressed to the
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President, resign his office;
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(b) a Vice-President may be removed from his office by a resolution
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of the Council of States passed by a majority of all the then members of
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the Council and agreed to by the House of the People; but no resolution
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for the purpose of this clause shall be moved unless at least fourteen
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days' notice has been given of the intention to move the resolution;
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(c) a Vice-President shall, notwithstanding the expiration of his term,
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continue to hold office until his successor enters upon his office.
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68. Time of holding election to fill vacancy in the office of VicePresident and
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the term of office of person elected to fill casual vacancy.—
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(1) An election to fill a vacancy caused by the expiration of the term of office
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of Vice-President shall be completed before the expiration of the term.
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(2) An election to fill a vacancy in the office of Vice-President
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occurring by reason of his death, resignation or removal, or otherwise shall be
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held as soon as possible after the occurrence of the vacancy, and the person
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elected to fill the vacancy shall, subject to the provisions of article 67, be
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entitled to hold office for the full term of five years from the date on which h
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e
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enters upon his office.
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69. Oath or affirmation by the Vice-President.—Every VicePresident shall, befo
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re entering upon his office, make and subscribe before the
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President, or some person appointed in that behalf by him, an oath or
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affirmation in the following form, that is to say—
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"I, A.B., do swear in the name of God that I will bear true
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faith and
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solemnly affirm
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allegiance to the Constitution of India as by law established and that I will fa
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ithfully
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discharge the duty upon which I am about to enter.".
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29
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THE CONSTITUTION OF INDIA
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70. Discharge of President's functions in other contingencies.—
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Parliament may make such provisions as it thinks fit for the discharge of the
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functions of the President in any contingency not provided for in this Chapter.
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71. (1) All doubts and disputes arising out of or in
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connection with the election of a President
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or Vice- President shall be inquired into
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and decided by the Supreme Court whose
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decision shall be final.
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(2) If the election of a person as President or Vice-
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President is declared void by the Supreme Court, acts done
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by him in the exercise and performance of the powers and
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duties of the office of President or Vice- President, as the
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case may be, on or before the date of the decision of the
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Supreme Court shall not be invalidated by reason of that
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declaration.
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(3) Subject to the provisions of this Constitution,
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Parliament may by law regulate any matter relating to or
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connected with the election of a President or Vice-President.
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72. Power of President to grant pardons, etc., and to suspend, remit
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or commute sentences in certain cases.—(1) The President shall have the
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power to grant pardons, reprieves, respites or remissions of punishment or to
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suspend, remit or commute the sentence of any person convicted of any
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offence—
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(a) in all cases where the punishment or sentence is by a Court
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Martial;
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(b) in all cases where the punishment or sentence is for an offence
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against any law relating to a matter to which the executive power of the
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Union extends;
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(c) in all cases where the sentence is a sentence of death.
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(2) Nothing in sub-clause (a) of clause (1) shall affect the power
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conferred by law on any officer of the Armed Forces of the Union to suspend,
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remit or commute a sentence passed by a Court Martial.
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(3) Nothing in sub-clause (c) of clause (1) shall affect the power to
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suspend, remit or commute a sentence of death exercisable by the Governor of a
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State under any law for the time being in force.
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30
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THE CONSTITUTION OF INDIA
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73. Extent of executive power of the Union.—(1) Subject to the
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provisions of this Constitution, the executive power of the Union shall extend<6E><64>
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<EFBFBD>
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(a) to the matters with respect to which Parliament has power to make
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laws; and
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(b) to the exercise of such rights, authority and jurisdiction as are
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exercisable by the Government of India by virtue of any treaty or
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agreement:
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Provided that the executive power referred to in sub-clause (a) shall not,
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save as expressly provided in this Constitution or in any law made by Parliament
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,
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extend in any State to matters with respect to which the Legislature of the Stat
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e
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has also power to make laws.
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(2) Until otherwise provided by Parliament, a State and any officer or
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authority of a State may, notwithstanding anything in this article, continue to
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exercise in matters with respect to which Parliament has power to make laws for
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that State such executive power or functions as the State or officer or authorit
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y
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thereof could exercise immediately before the commencement of this
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Constitution.
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Council of Ministers
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74. Council of Ministers to aid and advise President.— (1) There shall
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be a Council of Ministers with the Prime Minister at the head to aid and advise
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the President in the exercise of his functions.
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(2) The question whether any, and if so what, advice was tendered by
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Ministers to the President shall not be inquired into in any court.
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75. Other provisions as to Ministers.—(1) The Prime Minister shall be
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appointed by the President and the other Ministers shall be appointed by the
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President on the advice of the Prime Minister.
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31
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THE CONSTITUTION OF INDIA
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(2) The Ministers shall hold office during the pleasure of the President.
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(3) The Council of Ministers shall be collectively responsible to the House
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of the People.
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(4) Before a Minister enters upon his office, the President shall administer
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to him the oaths of office and of secrecy according to the forms set out for the
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purpose in the Third Schedule.
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(5) A Minister who for any period of six consecutive months is not a
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member of either House of Parliament shall at the expiration of that period ceas
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e
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to be a Minister.
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(6) The salaries and allowances of Ministers shall be such as Parliament
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may from time to time by law determine and, until Parliament so determines,
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shall be as specified in the Second Schedule.
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The Attorney-General for India
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76. Attorney-General for India.—(1) The President shall appoint a
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person who is qualified to be appointed a Judge of the Supreme Court to be
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Attorney-General for India.
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(2) It shall be the duty of the Attorney-General to give advice to the
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Government of India upon such legal matters, and to perform such other duties
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of a legal character, as may from time to time be referred or assigned to him by
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the President, and to discharge the functions conferred on him by or under this
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Constitution or any other law for the time being in force.
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(3) In the performance of his duties the Attorney-General shall have
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right of audience in all courts in the territory of India.
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(4) The Attorney-General shall hold office during the pleasure of the
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President, and shall receive such remuneration as the President may determine.
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Conduct of Government Business
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77. Conduct of business of the Government of India.—(1) All
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executive action of the Government of India shall be expressed to be taken in
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the name of the President.
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32
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THE CONSTITUTION OF INDIA
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(2) Orders and other instruments made and executed in the name of the
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President shall be authenticated in such manner as may be specified in rules 1 t
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o
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be made by the President, 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 President.
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(3) The President shall make rules for the more convenient transaction
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of the business of the Government of India, and for the allocation among
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Ministers of the said business.
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78. Duties of Prime Minister as respects the furnishing of information
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to the President, etc.—It shall be the duty of the Prime Minister—
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(a) to communicate to the President all decisions of the Council of
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Ministers relating to the administration of the affairs of the Union and
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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 Union and proposals for legislation as the President may
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call for; and
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(c) if the President 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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CHAPTER II.—PARLIAMENT
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General
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79. Constitution of Parliament.—There shall be a Parliament for the
|
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Union which shall consist of the President and two Houses to be known
|
||
respectively as the Council of States and the House of the People.
|
||
80. Composition of the Council of States.—(1) The Council of States shall cons
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||
ist of—
|
||
(a) twelve members to be nominated by the President in accordance
|
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with the provisions of clause (3); and
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||
(b) not more than two hundred and thirty-eight representatives of
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the States and of the Union territories.
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|
||
______________________________________________
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1. See Notification No. S. O. 2297, dated the 3rd November, 1958, Gazette of Ind
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ia, Extraordinary,
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1958, Pt. II, Sec. 3 (ii), p. 1315, as amended from time to time.
|
||
|
||
33
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|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) The allocation of seats in the Council of States to be filled by
|
||
representatives of the States and of the Union territories shall be in accordanc
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||
e
|
||
with the provisions in that behalf contained in the Fourth Schedule.
|
||
(3) The members to be nominated by the President under sub-clause (a)
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||
of clause (1) shall consist of persons having special knowledge or practical
|
||
experience in respect of such matters as the following, namely:—
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||
Literature, science, art and social service.
|
||
(4) The representatives of each State in the Council of States shall be
|
||
elected by the elected members of the Legislative Assembly of the State in
|
||
accordance with the system of proportional representation by means of the
|
||
single transferable vote.
|
||
(5) The representatives of the Union territories in the Council of States
|
||
shall be chosen in such manner as Parliament may by law prescribe.
|
||
|
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|
||
81. Composition of the House of the People.—(1) Subject to the
|
||
provisions of article 331,
|
||
the House of the People shall consist of—
|
||
(a) not more than five hundred members chosen by direct
|
||
election from territorial constituencies in the States, and
|
||
(b) not more than twenty members to represent the Union territories,
|
||
chosen in such manner as Parliament may by law provide.
|
||
(2) For the purposes of sub-clause (a) of clause (1),—
|
||
(a) there shall be allotted to each State a number of seats in the House
|
||
of the People in such manner that the ratio between that number and the
|
||
population of the State is, so far as practicable, the same for all States;
|
||
and
|
||
(b) each State shall be divided into territorial constituencies in such
|
||
manner that the ratio between the population of each constituency and
|
||
the number of seats allotted to it is, so far as practicable, the same
|
||
throughout the State:
|
||
|
||
(3) In this article, the expression “population” means the population as
|
||
ascertained at the last preceding census of which the relevant figures have been
|
||
published:
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
34
|
||
|
||
82. Readjustment after each census.—Upon the completion of each
|
||
census, the allocation of seats in the House of the People to the States and the
|
||
division of each State into territorial constituencies shall be readjusted by su
|
||
ch
|
||
authority and in such manner as Parliament may by law determine:
|
||
Provided that such readjustment shall not affect representation in the
|
||
House of the People until the dissolution of the then existing House:
|
||
|
||
83. Duration of Houses of Parliament.—(1) The Council of States
|
||
shall not be subject to dissolution, but as nearly as possible one-third of the
|
||
members thereof shall retire as soon as may be on the expiration of every
|
||
second year in accordance with the provisions made in that behalf by
|
||
Parliament by law.
|
||
(2) The House of the People, unless sooner dissolved, shall continue for
|
||
five years from the date appointed for its first meeting and no longer and the
|
||
expiration of the said period of five years shall operate as a dissolution of th
|
||
e
|
||
House:
|
||
|
||
35
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Provided that the said period may, while a Proclamation of Emergency is
|
||
in operation, be extended by Parliament by law for a period not exceeding one
|
||
year at a time and not extending in any case beyond a period of six months after
|
||
the Proclamation has ceased to operate.
|
||
84. Qualification for membership of Parliament.—A person shall not
|
||
be qualified to be chosen to fill a seat in Parliament unless he—
|
||
(a) is a citizen of India;
|
||
(b) is, in the case of a seat in the Council of States, not less than thirty
|
||
years of age and, in the case of a seat in the House of the People, not less
|
||
than twenty-five years of age; and
|
||
(c) possesses such other qualifications as may be prescribed in that
|
||
behalf by or under any law made by Parliament.
|
||
85. Sessions of Parliament, prorogation and dissolution.—(1) The
|
||
President shall from time to time summon each House of Parliament to meet at
|
||
such time and place as he thinks fit, but six months shall not intervene between
|
||
its last sitting in one session and the date appointed for its first sitting in
|
||
the
|
||
next session.
|
||
(2) The President may from time to time—
|
||
(a) prorogue the Houses or either House;
|
||
(b) dissolve the House of the People.
|
||
86. Right of President to address and send messages to Houses.—(1)
|
||
The President may address either House of Parliament or both Houses
|
||
assembled together, and for that purpose require the attendance of members.
|
||
(2) The President may send messages to either House of Parliament,
|
||
whether with respect to a Bill then pending in Parliament or otherwise, and a
|
||
House to which any message is so sent shall with all convenient despatch
|
||
consider any matter required by the message to be taken into consideration.
|
||
|
||
36
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
87. Special address by the President.—(1) At the commencement of
|
||
the first session after each general election to the House of the People and at
|
||
the
|
||
commencement of the first session of each year the President shall address both
|
||
Houses of Parliament assembled together and inform Parliament of the causes
|
||
of its summons.
|
||
(2) Provision shall be made by the rules regulating the procedure of
|
||
either House for the allotment of time for discussion of the matters referred to
|
||
in such address.
|
||
88. Rights of Ministers and Attorney-General as respects Houses.—
|
||
Every Minister and the Attorney-General of India shall have the right to speak
|
||
in, and otherwise to take part in the proceedings of, either House, any joint
|
||
sitting of the Houses, and any committee of Parliament of which he may be
|
||
named a member, but shall not by virtue of this article be entitled to vote.
|
||
Officers of Parliament
|
||
89. The Chairman and Deputy Chairman of the Council of States.—(1)
|
||
The Vice- President of India shall be ex officio Chairman of the Council of Stat
|
||
es.
|
||
(2) The Council of States shall, as soon as may be, choose a member of
|
||
the Council to be Deputy Chairman thereof and, so often as the office of
|
||
Deputy Chairman becomes vacant, the Council shall choose another member to
|
||
be Deputy Chairman thereof.
|
||
90. Vacation and resignation of, and removal from, the office of
|
||
Deputy Chairman.—A member holding office as Deputy Chairman of the
|
||
Council of States—
|
||
(a) shall vacate his office if he ceases to be a member of the Council;
|
||
(b) may at any time, by writing under his hand addressed to the
|
||
Chairman, resign his office; and
|
||
(c) may be removed from his office by a resolution of the Council
|
||
passed by a majority of all the then members of the Council:
|
||
Provided that no resolution for the purpose of clause (c) shall be moved
|
||
unless at least fourteen days’ notice has been given of the intention to move
|
||
the
|
||
resolution.
|
||
91. Power of the Deputy Chairman or other person to perform the
|
||
duties of the office of, or to act as, Chairman.—(1) While the office of
|
||
Chairman is vacant, or during any period when the Vice-President is acting as,
|
||
or discharging the functions of, President, the duties of the office shall be
|
||
performed by the Deputy Chairman, or, if the office of Deputy Chairman is
|
||
also vacant, by such member of the Council of States as the President may
|
||
appoint for the purpose.
|
||
|
||
37
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) During the absence of the Chairman from any sitting of the Council of
|
||
States 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 pr
|
||
esent,
|
||
such other person as may be determined by the Council, shall act as Chairman.
|
||
92. The Chairman or the Deputy Chairman not to preside while a
|
||
resolution for his removal from office is under consideration.—(1) At any
|
||
sitting of the Council of States, while any resolution for the removal of the
|
||
Vice-President from his office is under consideration, the Chairman, or while
|
||
any resolution for the removal of the Deputy Chairman from his office is under
|
||
consideration, the Deputy Chairman, shall not, though he is present, preside,
|
||
and the provisions of clause (2) of article 91 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 Council of States while any resolution for the
|
||
removal of the Vice-President from his office is under consideration in the
|
||
Council, but, notwithstanding anything in article 100, shall not be entitled to
|
||
vote at all on such resolution or on any other matter during such proceedings.
|
||
93. The Speaker and Deputy Speaker of the House of the People.—
|
||
The House of the People shall, as soon as may be, choose two members of the
|
||
House to be respectively Speaker and Deputy Speaker thereof and, so often as
|
||
the office of Speaker or Deputy Speaker becomes vacant, the House shall
|
||
choose another member to be Speaker or Deputy Speaker, as the case may be.
|
||
94. Vacation and resignation of, and removal from, the offices of
|
||
Speaker and Deputy Speaker.— A member holding office as Speaker or
|
||
Deputy Speaker of the House of the People—
|
||
(a) shall vacate his office if he ceases to be a member of the House of
|
||
the People;
|
||
(b) may at any time, by writing under his hand addressed, if such
|
||
member is the Speaker, to the Deputy Speaker, and if such member is
|
||
the Deputy Speaker, to the Speaker, resign his office; and
|
||
(c) may be removed from his office by a resolution of the House of
|
||
the People passed by a majority of all the then members of the House:
|
||
Provided that no resolution for the purpose of clause (c) shall be moved
|
||
unless at least fourteen days’ notice has been given of the intention to move
|
||
the
|
||
resolution:
|
||
|
||
38
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Provided further that, whenever the House of the People is dissolved, the
|
||
Speaker shall not vacate his office until immediately before the first meeting o
|
||
f
|
||
the House of the People after the dissolution.
|
||
95. Power of the Deputy Speaker or other person to perform the
|
||
duties of the office of, or to act as, Speaker.—(1) While the office of Speake
|
||
r
|
||
is vacant, the duties of the office shall be performed by the Deputy Speaker or,
|
||
if the office of Deputy Speaker is also vacant, by such member of the House of
|
||
the People as the President may appoint for the purpose.
|
||
(2) During the absence of the Speaker from any sitting of the House of the
|
||
People the Deputy Speaker or, if he is also absent, such person as may be determ
|
||
ined
|
||
by the rules of procedure of the House, or, if no such person is present, such o
|
||
ther
|
||
person as may be determined by the House, shall act as Speaker.
|
||
96. The Speaker or the Deputy Speaker not to preside while a
|
||
resolution for his removal from office is under consideration.— (1) At any
|
||
sitting of the House of the People, while any resolution for the removal of the
|
||
Speaker from his office is under consideration, the Speaker, or while any
|
||
resolution for the removal of the Deputy Speaker from his office is under
|
||
consideration, the Deputy Speaker, shall not, though he is present, preside, and
|
||
the provisions of clause (2) of article 95 shall apply in relation to every such
|
||
sitting as they apply in relation to a sitting from which the Speaker, or, as th
|
||
e
|
||
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 House of the People while any resolution for his
|
||
removal from office is under consideration in the House and shall,
|
||
notwithstanding anything in article 100, be entitled to vote only in the first
|
||
instance on such resolution or on any other matter during such proceedings but
|
||
not in the case of an equality of votes.
|
||
97. Salaries and allowances of the Chairman and Deputy Chairman
|
||
and the Speaker and Deputy Speaker.— There shall be paid to the Chairman
|
||
and the Deputy Chairman of the Council of States, and to the Speaker and the
|
||
Deputy Speaker of the House of the People, such salaries and allowances as
|
||
may be respectively fixed by Parliament by law and, until provision in that
|
||
behalf is so made, such salaries and allowances as are specified in the Second
|
||
Schedule.
|
||
98. Secretariat of Parliament.— (1) Each House of Parliament shall
|
||
have a separate secretarial staff:
|
||
|
||
39
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Provided that nothing in this clause shall be construed as preventing the
|
||
creation of posts common to both Houses of Parliament.
|
||
(2) Parliament may by law regulate the recruitment, and the conditions
|
||
of service of persons appointed, to the secretarial staff of either House of
|
||
Parliament.
|
||
(3) Until provision is made by Parliament under clause (2), the President
|
||
may, after consultation with the Speaker of the House of the People or the
|
||
Chairman of the Council of States, as the case may be, make rules regulating
|
||
the recruitment, and the conditions of service of persons appointed, to the
|
||
secretarial staff of the House of the People or the Council of States, and any
|
||
rules so made shall have effect subject to the provisions of any law made under
|
||
the said clause.
|
||
Conduct of Business
|
||
99. Oath or affirmation by members.— Every member of either House
|
||
of Parliament shall, before taking his seat, make and subscribe before the
|
||
President, or some person appointed in that behalf by him, an oath or
|
||
affirmation according to the form set out for the purpose in the Third Schedule.
|
||
100. Voting in Houses, power of Houses to act notwithstanding
|
||
vacancies and quorum.— (1) Save as otherwise provided in this Constitution,
|
||
all questions at any sitting of either House or joint sitting of the Houses shal
|
||
l be
|
||
determined by a majority of votes of the members present and voting, other
|
||
than the Speaker or person acting as Chairman or Speaker.
|
||
The Chairman or Speaker, 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.
|
||
(2) Either House of Parliament shall have power to act notwithstanding
|
||
any vacancy in the membership thereof, and any proceedings in Parliament shall
|
||
be valid notwithstanding that it is discovered subsequently that some person who
|
||
was not entitled so to do sat or voted or otherwise took part in the proceedings
|
||
.
|
||
(3) Until Parliament by law otherwise provides, the
|
||
quorum to constitute a meeting of either House of Parlia-
|
||
ment shall be one-tenth of the total number of members of
|
||
the House.
|
||
(4) If at any time during a meeting of a House there
|
||
is no quorum, it shall be the duty of the Chairman or
|
||
Speaker, or person acting as such, either to adjourn the
|
||
House or to suspend the meeting until there is a quorum.
|
||
|
||
40
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Disqualifications of Members
|
||
101. Vacation of seats.— (1) No person shall be a member of both
|
||
Houses of Parliament and provision shall be made by Parliament by law for the
|
||
vacation by a person who is chosen a member of both Houses of his seat in one
|
||
House or the other.
|
||
(2) No person shall be a member both of Parliament and of a House of
|
||
the Legislature of a State, and if a person is chosen a member both of
|
||
Parliament and of a House of the Legislature of a State, then, at the expiration
|
||
of such period as may be specified in rules made by the President, that person<6F><6E>
|
||
<EFBFBD>s
|
||
seat in Parliament shall become vacant, unless he has previously resigned his
|
||
seat in the Legislature of the State.
|
||
(3) If a member of either House of Parliament—
|
||
(a) becomes subject to any of the disqualifications mentioned in
|
||
clause (1) of article 102, or
|
||
(b) resigns his seat by writing under his hand addressed to the
|
||
Chairman or the Speaker, as the case may be,
|
||
his seat shall thereupon become vacant:
|
||
|
||
(4) If for a period of sixty days a member of either House of Parliament
|
||
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.
|
||
102. Disqualifications for membership.— (1) A person shall be
|
||
disqualified for being chosen as, and for being, a member of either House of
|
||
Parliament—
|
||
(a) if he holds any office of profit under the Government of
|
||
India or the Government of any State, other than an office
|
||
declared by Parliament by law not to
|
||
disqualify its holder;
|
||
|
||
41
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(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.
|
||
(2) For the purposes of this article a person shall not be
|
||
deemed to hold an office of profit under the Government of India or the
|
||
Government of any State by reason only that he is a Minister either for the
|
||
Union or for such State.
|
||
|
||
103.
|
||
(1) If any question arises as to whether a member
|
||
of either House of Parliament has become subject to any of the disqualifications
|
||
|
||
mentioned in clause (1) of article 102, the
|
||
question shall be referred for the decision of the President
|
||
and his decision shall be final.
|
||
|
||
(2) Before giving any decision on any such question,
|
||
the President shall obtain the opinion of the Election Com-
|
||
mission and shall act according to such opinion.
|
||
|
||
104. Penalty for sitting and voting before making oath or affirmation
|
||
under article 99 or when not qualified or when disqualified.—If a person
|
||
sits or votes as a member of either House of Parliament before he has complied
|
||
with the requirements of article 99, or when he knows that he is not qualified o
|
||
r
|
||
that he is disqualified for membership thereof, or that he is prohibited from so
|
||
doing by the provisions of any law made by Parliament, he shall be liable in
|
||
respect of each day on which he so sits or votes to a penalty of five hundred
|
||
rupees to be recovered as a debt due to the Union.
|
||
Powers, Privileges and Immunities of Parliament and its Members
|
||
105. Powers, privileges, etc., of the Houses of Parliament and of the
|
||
members and committees thereof.— (1) Subject to the provisions of this
|
||
Constitution and to the rules and standing orders regulating the procedure of
|
||
Parliament, there shall be freedom of speech in Parliament.
|
||
|
||
42
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) No member of Parliament shall be liable to any proceedings in any court in
|
||
respect of anything said or any vote given by him in Parliament or any committee
|
||
thereof, and no person shall be so liable in respect of the publication by or un
|
||
der the
|
||
authority of either House of Parliament of any report, paper, votes or proceedin
|
||
gs.
|
||
(3) In other respects, the powers, privileges and
|
||
immunities of each House of Parliament, and of the
|
||
members and the committees of each House, shall be such
|
||
as may from time to time be defined by Parliament by law,
|
||
and, until so defined, shall be those of the House of
|
||
Commons of the Parliament of the United Kingdom, and
|
||
of its members and committees, at the commencement of
|
||
this Constitution.
|
||
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to
|
||
persons who by virtue of this Constitution have the right to speak in, and
|
||
otherwise to take part in the proceedings of, a House of Parliament or any
|
||
committee thereof as they apply in relation to members of Parliament.
|
||
106. Salaries and allowances of members.— Members of either House
|
||
of Parliament shall be entitled to receive such salaries and allowances as may
|
||
from time to time be determined by Parliament by law and, until provision in
|
||
that respect is so made, allowances at such rates and upon such conditions as
|
||
were immediately before the commencement of this Constitution applicable in
|
||
the case of members of the Constituent Assembly of the Dominion of India.
|
||
Legislative Procedure
|
||
107. Provisions as to introduction and passing of Bills.— (1) Subject
|
||
to the provisions of articles 109 and 117 with respect to Money Bills and other
|
||
financial Bills, a Bill may originate in either House of Parliament.
|
||
(2) Subject to the provisions of articles 108 and 109, a Bill shall not be
|
||
deemed to have been passed by the Houses of Parliament 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 Parliament shall not lapse by reason of the
|
||
prorogation of the Houses.
|
||
(4) A Bill pending in the Council of States which has not been passed by
|
||
the House of the People shall not lapse on a dissolution of the House of the
|
||
People.
|
||
|
||
43
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(5) A Bill which is pending in the House of the People, or which having
|
||
been passed by the House of the People is pending in the Council of States,
|
||
shall, subject to the provisions of article 108, lapse on a dissolution of the
|
||
House of the People.
|
||
108. Joint sitting of both Houses in certain cases.— (1) If after a Bill
|
||
has been passed by one House and transmitted to the other House—
|
||
(a) the Bill is rejected by the other House; or
|
||
(b) the Houses have finally disagreed as to the amendments to be
|
||
made in the Bill; or
|
||
(c) more than six months elapse from the date of the reception of the
|
||
Bill by the other House without the Bill being passed by it,
|
||
the President may, unless the Bill has elapsed by reason of a dissolution of the
|
||
House of the People, notify to the Houses by message if they are sitting or by
|
||
public notification if they are not sitting, his intention to summon them to mee
|
||
t
|
||
in a joint sitting for the purpose of deliberating and voting on the Bill:
|
||
Provided that nothing in this clause shall apply to a Money Bill.
|
||
(2) In reckoning any such period of six months as is referred to in clause
|
||
(1), no account shall be taken of any period during which the House referred to
|
||
in sub-clause (c) of that clause is prorogued or adjourned for more than four
|
||
consecutive days.
|
||
(3) Where the President has under clause (1) notified his intention of
|
||
summoning the Houses to meet in a joint sitting, neither House shall proceed
|
||
further with the Bill, but the President may at any time after the date of his
|
||
notification summon the Houses to meet in a joint sitting for the purpose specif
|
||
ied
|
||
in the notification and, if he does so, the Houses shall meet accordingly.
|
||
(4) If at the joint sitting of the two Houses the Bill, with such amendments,
|
||
if any, as are agreed to in joint sitting, is passed by a majority of the total
|
||
number
|
||
of members of both Houses present and voting, it shall be deemed for the
|
||
purposes of this Constitution to have been passed by both Houses:
|
||
Provided that at a joint sitting—
|
||
(a) if the Bill, having been passed by one House, has not been passed
|
||
by the other House with amendments and returned to the House in which
|
||
it originated, no amendment shall be proposed to the Bill other than such
|
||
amendments (if any) as are made necessary by the delay in the passage
|
||
of the Bill;
|
||
|
||
44
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) if the Bill has been so passed and returned, only such amendments as
|
||
aforesaid shall be proposed to the Bill and such other amendments as are
|
||
relevant to the matters with respect to which the Houses have not agreed;
|
||
and the decision of the person presiding as to the amendments which are admissib
|
||
le
|
||
under this clause shall be final.
|
||
(5) A joint sitting may be held under this article and a Bill passed
|
||
thereat, notwithstanding that a dissolution of the House of the People has
|
||
intervened since the President notified his intention to summon the Houses to
|
||
meet therein.
|
||
109. Special procedure in respect of Money Bills.—(1) A Money Bill
|
||
shall not be introduced in the Council of States.
|
||
(2) After a Money Bill has been passed by the House of the People it
|
||
shall be transmitted to the Council of States for its recommendations and the
|
||
Council of States shall within a period of fourteen days from the date of its
|
||
receipt of the Bill return the Bill to the House of the People with its
|
||
recommendations and the House of the People may thereupon either accept or
|
||
reject all or any of the recommendations of the Council of States.
|
||
(3) If the House of the People accepts any of the recommendations of the
|
||
Council of States, the Money Bill shall be deemed to have been passed by both
|
||
Houses with the amendments recommended by the Council of States and
|
||
accepted by the House of the People.
|
||
(4) If the House of the People does not accept any of the
|
||
recommendations of the Council of States, the Money Bill shall be deemed to
|
||
have been passed by both Houses in the form in which it was passed by the
|
||
House of the People without any of the amendments recommended by the
|
||
Council of States.
|
||
(5) If a Money Bill passed by the House of the People and transmitted to
|
||
the Council of States for its recommendations is not returned to the House of
|
||
the People within the said period of fourteen days, it shall be deemed to have
|
||
been passed by both Houses at the expiration of the said period in the form in
|
||
which it was passed by the House of the People.
|
||
110. Definition of “Money Bills”.—(1) For the purposes of this
|
||
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;
|
||
|
||
45
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) the regulation of the borrowing of money or the giving of any
|
||
guarantee by the Government of India, or the amendment of the law with
|
||
respect to any financial obligations undertaken or to be undertaken by
|
||
the Government of India;
|
||
(c) the custody of the Consolidated Fund or the Contingency Fund of
|
||
India, 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
|
||
India;
|
||
(e) the declaring of any expenditure to be expenditure charged on the
|
||
Consolidated Fund of India or the increasing of the amount of any such
|
||
expenditure;
|
||
(f) the receipt of money on account of the Consolidated Fund of India
|
||
or the public account of India or the custody or issue of such money or
|
||
the audit of the accounts of the Union or of a State; 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 is a Money Bill or not, the
|
||
decision of the Speaker of the House of the People thereon shall be final.
|
||
(4) There shall be endorsed on every Money Bill when it is transmitted
|
||
to the Council of States under article 109, and when it is presented to the
|
||
President for assent under article 111, the certificate of the Speaker of the
|
||
House of the People signed by him that it is a Money Bill.
|
||
111. Assent to Bills.—When a Bill has been passed by the Houses of
|
||
Parliament, it shall be presented to the President, and the President shall decl
|
||
are
|
||
either that he assents to the Bill, or that he withholds assent therefrom:
|
||
|
||
46
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Provided that the President may, as soon as possible after the
|
||
presentation to him of a Bill for assent, return the Bill if it is not a Money B
|
||
ill
|
||
to the Houses with a message requesting that they will reconsider the Bill or
|
||
any specified provisions thereof and, in particular, will consider the desirabil
|
||
ity
|
||
of introducing any such amendments as he may recommend in his message,
|
||
and when a Bill is so returned, the Houses shall reconsider the Bill accordingly
|
||
,
|
||
and if the Bill is passed again by the Houses with or without amendment and
|
||
presented to the President for assent, the President shall not withhold assent
|
||
therefrom.
|
||
Procedure in Financial Matters
|
||
112. Annual financial statement.—(1) The President shall in respect of
|
||
every financial year cause to be laid before both the Houses of Parliament a
|
||
statement of the estimated receipts and expenditure of the Government of India
|
||
for that year, in this Part referred to as the "annual financial statement''.
|
||
(2) The estimates of expenditure embodied in the annual financial
|
||
statement shall show separately—
|
||
(a) the sums required to meet expenditure described by this
|
||
Constitution as expenditure charged upon the Consolidated Fund of
|
||
India; and
|
||
(b) the sums required to meet other expenditure proposed to be
|
||
made from the Consolidated Fund of India,
|
||
and shall distinguish expenditure on revenue account from other expenditure.
|
||
(3) The following expenditure shall be expenditure charged on the
|
||
Consolidated Fund of India—
|
||
(a) the emoluments and allowances of the President and other
|
||
expenditure relating to his office;
|
||
(b) the salaries and allowances of the Chairman and the Deputy
|
||
Chairman of the Council of States and the Speaker and the Deputy
|
||
Speaker of the House of the People;
|
||
(c) debt charges for which the Government of India 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) (i) the salaries, allowances and pensions payable to or in respect
|
||
of Judges of the Supreme Court;
|
||
(ii) the pensions payable to or in respect of Judges of the Federal
|
||
Court;
|
||
|
||
47
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(iii) the pensions payable to or in respect of Judges of any High
|
||
Court which exercises jurisdiction in relation to any area included in
|
||
the territory of India or which at any time before the commencement
|
||
of this Constitution exercised jurisdiction in relation to any area
|
||
included in a Governor's Province of the Dominion of India;
|
||
(e) the salary, allowances and pension payable to or in respect of the
|
||
Comptroller and Auditor-General of India;
|
||
(f) any sums required to satisfy any judgment, decree or award of any
|
||
court or arbitral tribunal;
|
||
(g) any other expenditure declared by this Constitution or by
|
||
Parliament by law to be so charged.
|
||
113. Procedure in Parliament with respect to estimates.—(1) So
|
||
much of the estimates as relates to expenditure charged upon the Consolidated
|
||
Fund of India shall not be submitted to the vote of Parliament, but nothing in
|
||
this clause shall be construed as preventing the discussion in either House of
|
||
Parliament 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 House of the People, and the
|
||
House of the People 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 President.
|
||
114. Appropriation Bills.— (1) As soon as may be after the grants
|
||
under article 113 have been made by the House of the People, there shall be
|
||
introduced a Bill to provide for the appropriation out of the Consolidated Fund
|
||
of India of all moneys required to meet—
|
||
(a) the grants so made by the House of the People; and
|
||
(b) the expenditure charged on the Consolidated Fund of India but
|
||
not exceeding in any case the amount shown in the statement previously
|
||
laid before Parliament.
|
||
(2) No amendment shall be proposed to any such Bill in either House of
|
||
Parliament 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 India, and the decision of the person
|
||
presiding as to whether an amendment is inadmissible under this clause shall be
|
||
final.
|
||
|
||
48
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(3) Subject to the provisions of articles 115 and 116, no money shall be
|
||
withdrawn from the Consolidated Fund of India except under appropriation
|
||
made by law passed in accordance with the provisions of this article.
|
||
115. Supplementary, additional or excess grants.— (1) The President
|
||
shall—
|
||
(a) if the amount authorised by any law made in accordance with the
|
||
provisions of article 114 to be expended for a particular service for the
|
||
current financial year is found to be insufficient for the purposes of that
|
||
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 both the Houses of Parliament another statement
|
||
showing the estimated amount of that expenditure or cause to be presented to
|
||
the House of the People a demand for such excess, as the case may be.
|
||
(2) The provisions of articles 112, 113 and 114 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 India 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 India to meet such expenditure or grant.
|
||
116. Votes on account, votes of credit and exceptional grants.—
|
||
(1) Notwithstanding anything in the foregoing provisions of this Chapter, the
|
||
House of the People shall have power—
|
||
(a) to make any grant in advance in respect of the estimated
|
||
expenditure for a part of any financial year pending the completion of
|
||
the procedure prescribed in article 113 for the voting of such grant and
|
||
the passing of the law in accordance with the provisions of article 114 in
|
||
relation to that expenditure;
|
||
(b) to make a grant for meeting an unexpected demand upon the
|
||
resources of India 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 Parliament shall have power to authorise by law the withdrawal of moneys fro
|
||
m
|
||
the Consolidated Fund of India for the purposes for which the said grants are ma
|
||
de.
|
||
|
||
49
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) The provisions of articles 113 and 114 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 India to meet such expenditure.
|
||
117. Special provisions as to financial Bills.—(1) A Bill or amendment
|
||
making provision for any of the matters specified in sub-clauses (a) to (f) of
|
||
clause (1) of article 110 shall not be introduced or moved except on the
|
||
recommendation of the President and a Bill making such provision shall not be
|
||
introduced in the Council of States:
|
||
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.
|
||
(3) A Bill which, if enacted and brought into operation, would involve
|
||
expenditure from the Consolidated Fund of India shall not be passed by either
|
||
House of Parliament unless the President has recommended to that House the
|
||
consideration of the Bill.
|
||
Procedure Generally
|
||
118. Rules of procedure.— (1) Each House of Parliament may make
|
||
rules for regulating, subject to the provisions of this Constitution, its proced
|
||
ure
|
||
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 of the Dominion of India shall have
|
||
effect in relation to Parliament subject to such modifications and adaptations a
|
||
s
|
||
may be made therein by the Chairman of the Council of States or the Speaker
|
||
of the House of the People, as the case may be.
|
||
(3) The President, after consultation with the Chairman of the Council of
|
||
States and the Speaker of the House of the People, may make rules as to the
|
||
procedure with respect to joint sittings of, and communications between, the
|
||
two Houses.
|
||
|
||
50
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(4) At a joint sitting of the two Houses the Speaker of the House of the
|
||
People, or in his absence such person as may be determined by rules of
|
||
procedure made under clause (3), shall preside.
|
||
119. Regulation by law of procedure in Parliament in relation to
|
||
financial business.— Parliament may, for the purpose of the timely completion
|
||
of financial business, regulate by law the procedure of, and the conduct of
|
||
business in, each House of Parliament in relation to any financial matter or to
|
||
any Bill for the appropriation of moneys out of the Consolidated Fund of India,
|
||
and, if and so far as any provision of any law so made is inconsistent with any
|
||
rule made by a House of Parliament under clause (1) of article 118 or with any
|
||
rule or standing order having effect in relation to Parliament under clause (2)
|
||
of
|
||
that article, such provision shall prevail.
|
||
120. Language to be used in Parliament.—(1) Notwithstanding
|
||
anything in Part XVII, but subject to the provisions of article 348, business in
|
||
Parliament shall be transacted in Hindi or in English:
|
||
Provided that the Chairman of the Council of States or Speaker of the
|
||
House of the People, or person acting as such, as the case may be, may permit
|
||
any member who cannot adequately express himself in Hindi or in English to
|
||
address the House in his mother-tongue.
|
||
(2) Unless Parliament by law otherwise provides, this article shall, after
|
||
the expiration of a period of fifteen years from the commencement of this
|
||
Constitution, have effect as if the words “or in English” were omitted
|
||
therefrom.
|
||
121. Restriction on discussion in Parliament.—No discussion shall
|
||
take place in Parliament with respect to the conduct of any Judge of the
|
||
Supreme Court or of a High Court in the discharge of his duties except upon a
|
||
motion for presenting an address to the President praying for the removal of the
|
||
Judge as hereinafter provided.
|
||
122. Courts not to inquire into proceedings of Parliament.—(1) The
|
||
validity of any proceedings in Parliament shall not be called in question on the
|
||
ground of any alleged irregularity of procedure.
|
||
(2) No officer or member of Parliament in whom powers are vested by
|
||
or under this Constitution for regulating procedure or the conduct of business,
|
||
or for maintaining order, in Parliament shall be subject to the jurisdiction of
|
||
any
|
||
court in respect of the exercise by him of those powers.
|
||
|
||
51
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT
|
||
123. (1) If at any time, except when both Houses of
|
||
Parliament are in session, the President is
|
||
satisfied that circumstances exist which
|
||
during recess of Parliament render it necessary for him to take immediate action
|
||
, he may promulgate such
|
||
Ordinances as the circumstances appear to him to require,
|
||
(2) An Ordinance promulgated under this article shall
|
||
have the same force and effect as an Act of Parliament, but
|
||
every such Ordinance
|
||
|
||
(a) shall be laid before both Houses of Parliament
|
||
and shall cease to operate at the expiration of
|
||
six weeks from the reassembly of Parliament,
|
||
or, if before the expiration of that period
|
||
resolutions disapproving it are passed by both
|
||
Houses, upon the second of those resolutions ;
|
||
and
|
||
|
||
(b) may be withdrawn at any time by the
|
||
President.
|
||
|
||
Explanation. Where the Houses of Parliament are
|
||
summoned to reassemble on different dates, the period of six
|
||
weeks shall be reckoned from the later of those dates for the
|
||
purposes of this clause.
|
||
|
||
(3) If and so far as an Ordinance under this article
|
||
makes any provision which Parliament would not under this
|
||
Constitution be competent to enact, it shall be void.
|
||
|
||
|
||
Ordinances as the circumstances appear to him to require,
|
||
CHAPTER IV.—THE UNION JUDICIARY
|
||
124. Establishment and constitution of Supreme Court.—(1) There
|
||
shall be a Supreme Court of India consisting of a Chief Justice of India and,
|
||
until Parliament by law prescribes a larger number, of not more than seven 1
|
||
other Judges.
|
||
(2) Every Judge of the Supreme Court shall be appointed by the
|
||
President by warrant under his hand and seal after consultation with such of the
|
||
Judges of the Supreme Court and of the High Courts in the States as the
|
||
President may deem necessary for the purpose and shall hold office until he
|
||
attains the age of sixty-five years:
|
||
|
||
______________________________________________
|
||
1. Now “thirty”, vide Act 11 of 2009, s. 2.
|
||
|
||
52
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Provided that in the case of appointment of a Judge other than the Chief
|
||
Justice, the Chief Justice of India shall always be consulted:
|
||
Provided further that—
|
||
(a) a Judge may, by writing under his hand addressed to the
|
||
President, resign his office;
|
||
(b) a Judge may be removed from his office in the manner
|
||
provided in clause (4).
|
||
|
||
(3) A person shall not be qualified for appointment as a Judge of the
|
||
Supreme Court unless he is a citizen of India and—
|
||
(a) has been for at least five years a Judge of a High Court or of two
|
||
or more such Courts in succession; or
|
||
(b) has been for at least ten years an advocate of a High Court or of
|
||
two or more such Courts in succession; or
|
||
(c) is, in the opinion of the President, a distinguished jurist.
|
||
Explanation I.—In this clause "High Court'' means a High Court which
|
||
exercises, or which at any time before the commencement of this Constitution
|
||
exercised, jurisdiction in any part of the territory of India.
|
||
Explanation II.—In computing for the purpose of this clause the period
|
||
during which a person has been an advocate, any period during which a person
|
||
has held judicial office not inferior to that of a district judge after he becam
|
||
e an
|
||
advocate shall be included.
|
||
(4) A Judge of the Supreme Court shall not be removed from his office
|
||
except by an order of the President passed after an address by each House of
|
||
Parliament supported by a majority of the total membership of that House and
|
||
by a majority of not less than two-thirds of the members of that House present
|
||
and voting has been presented to the President in the same session for such
|
||
removal on the ground of proved misbehaviour or incapacity.
|
||
(5) Parliament may by law regulate the procedure for the presentation of
|
||
an address and for the investigation and proof of the misbehaviour or incapacity
|
||
of a Judge under clause (4).
|
||
|
||
53
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(6) Every person appointed to be a Judge of the Supreme Court shall,
|
||
before he enters upon his office, make and subscribe before the President, or
|
||
some person appointed in that behalf by him, an oath or affirmation according
|
||
to the form set out for the purpose in the Third Schedule.
|
||
(7) No person who has held office as a Judge of the Supreme Court shall
|
||
plead or act in any court or before any authority within the territory of India.
|
||
125. Salaries, etc., of Judges.—(1) There shall be paid to the Judges of
|
||
the Supreme Court such salaries as are specified in
|
||
the Second Schedule.
|
||
(2) Every Judge shall be entitled to such privileges and 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
|
||
privileges, allowances and rights as are specified in the Second Schedule:
|
||
Provided that neither the privileges nor the allowances of a Judge nor his
|
||
rights in respect of leave of absence or pension shall be varied to his
|
||
disadvantage after his appointment.
|
||
126. Appointment of acting Chief Justice.—When the office of Chief
|
||
Justice of India is vacant or when the Chief Justice is, by reason of absence or
|
||
otherwise, unable to perform the duties of his office, the duties of the office
|
||
shall be performed by such one of the other Judges of the Court as the President
|
||
may appoint for the purpose.
|
||
127. Appointment of ad hoc Judges.—(1) If at any time there should
|
||
not be a quorum of the Judges of the Supreme Court available to hold or
|
||
continue any session of the Court, the Chief Justice of India may, with the
|
||
previous consent of the President and after consultation with the Chief Justice
|
||
of the High Court concerned, request in writing the attendance at the sittings o
|
||
f
|
||
the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge
|
||
of a High Court duly qualified for appointment as a Judge of the Supreme
|
||
Court to be designated by the Chief Justice of India.
|
||
|
||
54
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) It shall be the duty of the Judge who has been so designated, in
|
||
priority to other duties of his office, to attend the sittings of the Supreme Co
|
||
urt
|
||
at the time and for the period for which his attendance is required, and while s
|
||
o
|
||
attending he shall have all the jurisdiction, powers and privileges, and shall
|
||
discharge the duties, of a Judge of the Supreme Court.
|
||
128. Attendance of retired Judges at sittings of the Supreme
|
||
Court.—Notwithstanding anything in this Chapter, the Chief Justice of India
|
||
may at any time, with the previous consent of the President, request any person
|
||
who has held the office of a Judge of the Supreme Court or of the Federal Court
|
||
to sit and act as a Judge of the
|
||
Supreme Court, 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 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 Court unless he consents s
|
||
o
|
||
to do.
|
||
129. Supreme Court to be a court of record.—The Supreme Court
|
||
shall be a court of record and shall have all the powers of such a court includi
|
||
ng
|
||
the power to punish for contempt of itself.
|
||
130. Seat of Supreme Court.—The Supreme Court shall sit in Delhi or
|
||
in such other place or places, as the Chief Justice of India may, with the
|
||
approval of the President, from time to time, appoint.
|
||
131. Original jurisdiction of the Supreme Court.—Subject to the
|
||
provisions of this Constitution, the Supreme Court shall, to the exclusion of an
|
||
y
|
||
other court, have original jurisdiction in any dispute—
|
||
(a) between the Government of India and one or more States; or
|
||
(b) between the Government of India and any State or States on one
|
||
side and one or more other States on the other; or
|
||
(c) between two or more States,
|
||
if and in so far as the dispute involves any question (whether of law or fact) o
|
||
n which
|
||
the existence or extent of a legal right depends:
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
55
|
||
|
||
Provided that the said jurisdiction shall not extend to a dispute arising
|
||
out of any treaty, agreement, covenant, engagement, sanad or other similar
|
||
instrument which, having been entered into or executed before the
|
||
commencement of this Constitution, continues in operation after such
|
||
commencement, or which provides that the said jurisdiction shall not extend to
|
||
such a dispute.
|
||
|
||
|
||
132. Appellate jurisdiction of Supreme Court in appeals from High
|
||
Courts in certain cases.— (1) An appeal shall lie to the Supreme Court from
|
||
any judgment, decree or final order of a High Court in the territory of India,
|
||
whether in a civil, criminal or other proceeding, if the High Court certifies
|
||
that the case involves a substantial question of law as to the
|
||
interpretation of this Constitution.
|
||
(2)Where the Court has refused to give such a certi-
|
||
ficate, the Supreme Court may, if it is satisfied that the case
|
||
involves a substantial question of law as to the interpretation
|
||
of this Constitution, grant special leave to appeal from such
|
||
judgment, decree or final order.
|
||
|
||
(3) Where such a certificate is given,or such leave is granted,
|
||
any party in the case may appeal to
|
||
the Supreme Court on the ground that any such question as aforesaid has been
|
||
wrongly decided and, with the leave of the Supreme Court, on any other ground.
|
||
|
||
Explanation.— For the purposes of this article, the expression “final
|
||
order” includes an order deciding an issue which, if decided in favour of the
|
||
appellant, would be sufficient for the final disposal of the case.
|
||
133. Appellate jurisdiction of Supreme Court in appeals from High
|
||
Courts in regard to civil matters.—
|
||
(1) An appeal shall lie to the Supreme Court
|
||
from any judgment decree or final order in
|
||
a civil proceeding of a High Court in the
|
||
appeals from High territory of India if the High Court
|
||
certifies-
|
||
(a) that the amount or value of the subject-matter
|
||
of the dispute in the court of first instance and
|
||
still in dispute on appeal was and is not less
|
||
than twenty thousand rupees or such other
|
||
sum as may be specified in that behalf by
|
||
Parliament by law ; or
|
||
(b) that the judgment, decree or final order in-
|
||
volves directly or indirectly some claim or
|
||
question respecting property of the like amount
|
||
or value ; or
|
||
(c) that the case is a fit one for appeal to the
|
||
Supreme Court ;
|
||
and, where the judgment, decree or final order appealed
|
||
from affirms the decision of the court immediately below in
|
||
any case other than a case referred to in sub-clause (c), if
|
||
the High Court further certifies that the appeal involves
|
||
some substantial question of law.
|
||
|
||
|
||
|
||
(2) Notwithstanding anything in article 132, any party appealing to the
|
||
Supreme Court under clause (1) may urge as one of the grounds in such appeal
|
||
that a substantial question of law as to the interpretation of this Constitution
|
||
has
|
||
been wrongly decided.
|
||
|
||
56
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament
|
||
by law otherwise provides, lie to the Supreme Court from the judgment, decree or
|
||
final
|
||
order of one Judge of a High Court.
|
||
134. Appellate jurisdiction of Supreme Court in regard to criminal
|
||
matters.—(1) An appeal shall lie to the Supreme Court from any judgment,
|
||
final order or sentence in a criminal proceeding of a High Court in the territor
|
||
y
|
||
of India if the High Court—
|
||
(a) has on appeal reversed an order of acquittal of an accused person
|
||
and sentenced him to death; or
|
||
(b) has withdrawn for trial before itself any case from any court
|
||
subordinate to its authority and has in such trial convicted the accused
|
||
person and sentenced him to death; or
|
||
(c) certifies that the case is a fit one for appeal to
|
||
the Supreme Court:
|
||
Provided that an appeal under sub-clause (c) shall lie subject to such
|
||
provisions as may be made in that behalf under clause (1) of article 145 and to
|
||
such conditions as the High Court may establish or require.
|
||
(2) Parliament may by law confer on the Supreme Court any further
|
||
powers to entertain and hear appeals from any judgment, final order or sentence
|
||
in a criminal proceeding of a High Court in the territory of India subject to su
|
||
ch
|
||
conditions and limitations as may be specified in such law.
|
||
|
||
|
||
57
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
135. Jurisdiction and powers of the Federal Court under existing
|
||
law to be exercisable by the Supreme Court.— Until Parliament by law
|
||
otherwise provides, the Supreme Court shall also have jurisdiction and powers
|
||
with respect to any matter to which the provisions of article 133 or article 134
|
||
do not apply if jurisdiction and powers in relation to that matter were
|
||
exercisable by the Federal Court immediately before the commencement of this
|
||
Constitution under any existing law.
|
||
136. Special leave to appeal by the Supreme Court.—(1)
|
||
Notwithstanding anything in this Chapter, the Supreme Court may, in its
|
||
discretion, grant special leave to appeal from any judgment, decree,
|
||
determination, sentence or order in any cause or matter passed or made by any
|
||
court or tribunal in the territory of India.
|
||
(2) Nothing in clause (1) shall apply to any judgment, determination,
|
||
sentence or order passed or made by any court or tribunal constituted by or
|
||
under any law relating to the Armed Forces.
|
||
137. Review of judgments or orders by the Supreme Court.—Subject
|
||
to the provisions of any law made by Parliament or any rules made under
|
||
article 145, the Supreme Court shall have power to review any judgment
|
||
pronounced or order made by it.
|
||
138. Enlargement of the jurisdiction of the Supreme Court.—(1) The
|
||
Supreme Court shall have such further jurisdiction and powers with respect to
|
||
any of the matters in the Union List as Parliament may by law confer.
|
||
(2) The Supreme Court shall have such further jurisdiction and powers
|
||
with respect to any matter as the Government of India and the Government of
|
||
any State may by special agreement confer, if Parliament by law provides for
|
||
the exercise of such jurisdiction and powers by the Supreme Court.
|
||
139. Conferment on the Supreme Court of powers to issue certain
|
||
writs.— Parliament may by law confer on the Supreme Court power to issue
|
||
directions, orders or writs, including writs in the nature of habeas corpus,
|
||
mandamus, prohibition, quo warranto and certiorari, or any of them, for any
|
||
purposes other than those mentioned in clause (2) of article 32.
|
||
|
||
58
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
|
||
140. Ancillary powers of Supreme Court.—Parliament may by law
|
||
make provision for conferring upon the Supreme Court such supplemental
|
||
powers not inconsistent with any of the provisions of this Constitution as may
|
||
appear to be necessary or desirable for the purpose of enabling the Court more
|
||
effectively to exercise the jurisdiction conferred upon it by or under this
|
||
Constitution.
|
||
141. Law declared by Supreme Court to be binding on all courts.—
|
||
The law declared by the Supreme Court shall be binding on all courts within
|
||
the territory of India.
|
||
142. Enforcement of decrees and orders of Supreme Court and
|
||
orders as to discovery, etc.—(1) The Supreme Court in the exercise of its
|
||
jurisdiction may pass such decree or make such order as is necessary for doing
|
||
complete justice in any cause or matter pending before it, and any decree so
|
||
passed or order so made shall be enforceable throughout the territory of India i
|
||
n
|
||
such manner as may be prescribed by or under any law made by Parliament
|
||
and, until provision in that behalf is so made, in such manner as the President
|
||
may by order prescribe.
|
||
(2) Subject to the provisions of any law made in this behalf by
|
||
Parliament, the Supreme Court shall, as respects the whole of the territory of
|
||
India, have all and every power to make any order for the purpose of securing
|
||
the attendance of any person, the discovery or production of any documents, or
|
||
the investigation or punishment of any contempt of itself.
|
||
|
||
59
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
143. Power of President to consult Supreme Court.—(1) If at any
|
||
time it appears to the President that a question of law or fact has arisen, or i
|
||
s
|
||
likely to arise, which is of such a nature and of such public importance that it
|
||
is
|
||
expedient to obtain the opinion of the Supreme Court upon it, he may refer the
|
||
question to that Court for consideration and the Court may, after such hearing
|
||
as it thinks fit, report to the President its opinion thereon.
|
||
(2) The President may, notwithstanding anything in the proviso to article
|
||
131, refer a dispute of the kind mentioned in the said proviso to the Supreme
|
||
Court for opinion and the Supreme Court shall, after such hearing as it thinks
|
||
fit, report to the President its opinion thereon.
|
||
144. Civil and judicial authorities to act in aid of the Supreme
|
||
Court.—All authorities, civil and judicial, in the territory of India shall ac
|
||
t in
|
||
aid of the Supreme Court.
|
||
|
||
|
||
145. Rules of Court, etc.—(1) Subject to the provisions of any law
|
||
made by Parliament, the Supreme Court may from time to time, with the
|
||
approval of the President, make rules for regulating generally the practice and
|
||
procedure of the Court including—
|
||
(a) rules as to the persons practising before the Court;
|
||
(b) rules as to the procedure for hearing appeals and other matters
|
||
pertaining to appeals including the time within which appeals to the
|
||
Court are to be entered;
|
||
(c) rules as to the proceedings in the Court for the enforcement of any
|
||
of the rights conferred by Part III;
|
||
(d) rules as to the entertainment of appeals under sub-clause (c) of
|
||
clause (1) of article 134;
|
||
|
||
60
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(e) rules as to the conditions subject to which any judgment
|
||
pronounced or order made by the Court may be reviewed and the
|
||
procedure for such review including the time within which applications
|
||
to the Court for such review are to be entered;
|
||
(f) rules as to the costs of and incidental to any proceedings in the
|
||
Court and as to the fees to be charged in respect of proceedings therein;
|
||
(g) rules as to the granting of bail;
|
||
(h) rules as to stay of proceedings;
|
||
(i) rules providing for the summary determination of any appeal
|
||
which appears to the Court to be frivolous or vexatious or brought for the
|
||
purpose of delay;
|
||
(j) rules as to the procedure for inquiries referred to in clause
|
||
(1) of article 317.
|
||
(2) Subject to the provisions of clause (3), rules made under this article
|
||
may fix the minimum number of Judges who are to sit for any purpose, and
|
||
may provide for the powers of single Judges and Division Courts.
|
||
(3) The minimum number of Judges who are to sit for the purpose of
|
||
deciding any case involving a substantial question of law as to the
|
||
interpretation of this Constitution or for the purpose of hearing any reference
|
||
under article 143 shall be five:
|
||
Provided that, where the Court hearing an appeal under any of the
|
||
provisions of this Chapter other than article 132 consists of less than five
|
||
Judges and in the course of the hearing of the appeal the Court is satisfied tha
|
||
t
|
||
the appeal involves a substantial question of law as to the interpretation of th
|
||
is
|
||
Constitution the determination of which is necessary for the disposal of the
|
||
appeal, such Court shall refer the question for opinion to a Court constituted a
|
||
s
|
||
required by this clause for the purpose of deciding any case involving such a
|
||
question and shall on receipt of the opinion dispose of the appeal in conformity
|
||
with such opinion.
|
||
(4) No judgment shall be delivered by the Supreme Court save in open
|
||
Court, and no report shall be made under article 143 save in accordance with an
|
||
opinion also delivered in open Court.
|
||
|
||
61
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(5) No judgment and no such opinion shall be delivered by the Supreme
|
||
Court save with the concurrence of a majority of the Judges present at the
|
||
hearing of the case, but nothing in this clause shall be deemed to prevent a
|
||
Judge who does not concur from delivering a dissenting judgment or opinion.
|
||
146. Officers and servants and the expenses of the Supreme Court.—
|
||
(1) Appointments of officers and servants of the Supreme Court shall be made
|
||
by the Chief Justice of India or such other Judge or officer of the Court as he
|
||
may direct:
|
||
Provided that the President 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 Union Public Service Commission.
|
||
(2) Subject to the provisions of any law made by Parliament, the
|
||
conditions of service of officers and servants of the Supreme Court shall be
|
||
such as may be prescribed by rules made by the Chief Justice of India or by
|
||
some other Judge or officer of the Court authorised by the Chief Justice of
|
||
India 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 Presiden
|
||
t.
|
||
(3) The administrative expenses of the Supreme 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 India,
|
||
and any fees or other moneys taken by the Court shall form part of that Fund.
|
||
147. Interpretation.—In this Chapter and in Chapter V of Part VI,
|
||
references to any substantial question of law as to the interpretation of this
|
||
Constitution shall be construed as including references to any substantial
|
||
question of law as to the interpretation of the Government of India Act, 1935
|
||
(including any enactment amending or supplementing that Act), or of any
|
||
Order in Council or order made thereunder, or of the Indian Independence Act,
|
||
1947, or of any order made thereunder.
|
||
CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA
|
||
148. Comptroller and Auditor-General of India.—(1) There shall be a
|
||
Comptroller and Auditor-General of India who shall be appointed by the
|
||
President by warrant under his hand and seal and shall only be removed from
|
||
office in like manner and on the like grounds as a Judge of the Supreme Court.
|
||
|
||
62
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) Every person appointed to be the Comptroller and Auditor-General
|
||
of India shall, before he enters upon his office, make and subscribe before the
|
||
President, or some person appointed in that behalf by him, an oath or
|
||
affirmation according to the form set out for the purpose in the Third Schedule.
|
||
(3) The salary and other conditions of service of the Comptroller and
|
||
Auditor-General shall be such as may be determined by Parliament by law and,
|
||
until they are so determined, shall be as specified in the Second Schedule:
|
||
Provided that neither the salary of a Comptroller and Auditor-General
|
||
nor his rights in respect of leave of absence, pension or age of retirement shal
|
||
l
|
||
be varied to his disadvantage after his appointment.
|
||
(4) The Comptroller and Auditor-General shall not be eligible for further
|
||
office either under the Government of India or under the Government of any
|
||
State after he has ceased to hold his office.
|
||
(5) Subject to the provisions of this Constitution and of any law made by
|
||
Parliament, the conditions of service of persons serving in the Indian Audit and
|
||
Accounts Department and the administrative powers of the Comptroller and
|
||
Auditor-General shall be such as may be prescribed by rules made by the
|
||
President after consultation with the Comptroller and Auditor-General.
|
||
(6) The administrative expenses of the office of the Comptroller and
|
||
Auditor-General, including all salaries, allowances and pensions payable to or
|
||
in respect of persons serving in that office, shall be charged upon the
|
||
Consolidated Fund of India.
|
||
149. Duties and powers of the Comptroller and Auditor-General.—
|
||
The Comptroller and Auditor-General shall perform such duties and exercise
|
||
such powers in relation to the accounts of the Union and of the States and of
|
||
any other authority or body as may be prescribed by or under any law made by
|
||
Parliament and, until provision in that behalf is so made, shall perform such
|
||
duties and exercise such powers in relation to the accounts of the Union and of
|
||
the States as were conferred on or exercisable by the Auditor-General of India
|
||
immediately before the commencement of this Constitution in relation to the
|
||
accounts of the Dominion of India and of the Provinces respectively.
|
||
150. Power of Comptroller and Auditor-General to give directions as to accounts-
|
||
|
||
The accounts of the Union and of the States
|
||
shall be kept in such form as the Comptroller and Auditor-General of India may,
|
||
with the approval of the President, prescribe.
|
||
151. Audit reports.—(1) The reports of the Comptroller and AuditorGeneral of I
|
||
ndia relating to the accounts of the Union shall be submitted to the
|
||
President, who shall cause them to be laid before each House of Parliament.
|
||
(2) The reports of the Comptroller and Auditor-General of India relating
|
||
to the accounts of a State shall be submitted to the Governor of the State, who
|
||
shall cause them to be laid before the Legislature of the State.
|
||
|
||
|