Union of India - Act
Constitution of India, 1950
UNION OF INDIA
India
India
Constitution of India, 1950
- Published on 1 January 1950
- Commenced on 1 January 1950
- [This is the version of this document from 1 January 1950.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – The Union and Its Territory
1. Name and territory of the Union.
2. Admission or establishment of new States.
- Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.2A. [ Sikkim to be associated with the Union. [Inserted by the Constitution (Thirty-fifth Amendment) Act, 1974, Section 2 (w.e.f. 1.3.1975). ]
- [ Repealed by the Constitution (Thirty-sixth Amendment) Act , 1975, section 5 (w.e.f.26-4-1975).]3. Formation of new States and alteration of areas, boundaries or names of existing States.
- Parliament may by law-4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.
Part II – CITIZENSHIP
5. Citizenship at the commencement of the Constitution.
- At the commencement of this Constitution every person who has his domicile in the territory of India and-6. Rights of citizenship of certain persons who have migrated to India from Pakistan.
- Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if-7. Rights of citizenship of certain migrants to Pakistan.
- Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.8. Rights of citizenship of certain persons of Indian origin residing outside India.
- Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
- No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.10. Continuance of the rights of citizenship.
- Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.11. Parliament to regulate the right of citizenship by law.
- Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.Part III – FUNDAMENTAL RIGHTS
General12. Definition.
- In this Part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India13. Laws inconsistent with or in derogation of the fundamental rights.
14. Equality before law.
- The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
16. Equality of opportunity in matters of public employment.
17. Abolition of untouchability.
- "Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.18. Abolition of titles.
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences.
21. Protection of life and personal liberty.
- No person shall be deprived of his life or personal liberty except according to procedure established by law.21A. [ Right to education. [Inserted by the Constitution (Eighty-sixth Amendment) Act, 2002, Section 2 (yet to be enforced).]
- The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.] [Substituted by the Constitution (First Amendment) Act, 1951, Section 3, for certain words.]| Additional Information ▼ |
| On the enforcement of Section 3 of the Constitution (Forty-fourth Amendment) Act, 1978, Article 22 shall stand amended as follows:(a) for clause (4), the following clause shall be substituted, namely:" (4) No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in accordance with the recommendations of the Chief justice of the appropriate High Court has reported before the expiration of the said period of two months that there is in its opinion sufficient cause for such detention:Provided that an Advisory Board shall consist of a Chairman and not less than two others members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court:Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7).Explanation.- In this clause, " appropriate High Court" means,-(i) in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Delhi;(ii) in the case of the detention of a person in pursuance of an order of detention made by the Government of any State (other than a Union territory), the High Court for that State; and(iii) in the case of the detention of a person in pursuance of an order of detention made by the administrator of a Union territory or an officer or authority subordinate to such administrator, such High Court as may be specified by or under any law made by Parliament in this behalf" ;(b) in clause (7),-(i) sub-clause (a) shall be omitted;(ii) sub-clause (b) shall be re-lettered as sub-clause (a); and(iii) sub-clause (c) shall be re-lettered as sub-clause (b) and in the sub-clause as so re-lettered, for the words, brackets, letter and figure " sub-clause (a) or clause (4)" , the word, brackets and figure " clause (4)" shall be substituted. |
22. Protection against arrest and detention in certain cases.
23. Prohibition of traffic in human beings and forced labour.
24. Prohibition of employment of children in factories, etc.
- No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.Right to Freedom of Religion25. Freedom of conscience and free profession, practice and propagation of religion.
26. Freedom to manage religious affairs.
- Subject to public order, morality and health, every religious denomination or any section thereof shall have the right-27. Freedom as to payment of taxes for promotion of any particular religion.
-No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
29. Protection of interests of minorities.
30. Right of minorities to establish and administer educational institutions.
| Prior to its repeal, Article 31 read as under:"31. Compulsory acquisition of property.- (1) No person shall be deprived of his property save by authority of law.(2) No property shall be compulsorily acquired or requisitioned save for a public purpose and save by authority of a law which provides for acquisition or requisitioning of the property for an amount which may be fixed by such law or which may be determined in accordance with such principles and given in such manner as may be specified in such law; and no such law shall be called in question in any Court on the ground that the amount so fixed or determined is not adequate or that the whole or any part of such amount is to be given otherwise than in cash:Provided that in making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1) of article 30, the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.(2-A) Where a law does not provide for the transfer of the ownership or right to possession of any property to the State or to a corporation owned or controlled by the State, it shall not be deemed to provide for the compulsory acquisition or requisitioning of property, notwithstanding that it deprives any person of his property.(2-B) Nothing is sub-clause (f) of clause (1) of article 19 shall affect any such law as, is referred to in clause (2).(3) No such law as is referred to in clause (2) made by the Legislature of a State shall, have effect unless such law, having been reserved for the consideration of the President, has received his assent.(4) If any Bill pending at the commencement of this Constitution in the Legislature of a State has, after it has been passed by such Legislature, been reserved for the consideration of the President and has received his assent, then, notwithstanding anything in this Constitution, the law so assented to shall not be called in question in any Court on the ground that it contravenes the provisions of clause (2).(5) Nothing in clause (2) shall affect-(a) the provisions of any existing law other than a law to which the provisions of clause (6) apply, or(b) the provisions of any law which the State may hereafter make-(i) for the purpose of imposing or levying any tax or penalty, or(ii) for the promotion of public health or the prevention of danger to life or property, or(iii) in pursuance of any agreement entered into between the Government of the Dominion of India or the Government of India and the Government of any other country, or otherwise, with respect to property declared by law to be evacuee property.(6) Any law of the State enacted not more than eighteen months before the commencement of this Constitution may within three months from such commencement be submitted to the President for his certification; and thereupon, if the President by public notification so certifies, it shall not be called in question in any Court on the ground that it contravenes the provisions of clause (2) of this article or has contravened the provisions of sub-section (2) of section 299 of the Government of India Act, 1935." |
31. Compulsory acquisition of property.
- [ Repealed by the Constitution (Forty-fourth Amendment) Act , 1978, section 6 (w.e.f.20-6-1979).][Saving of Certain Laws] [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 3 (w.e.f. 3-1-1977). ]31A. [ Saving of laws providing for acquisition of estates, etc. [Inserted by the Constitution (First Amendment) Act, 1951, Section 4 (with retrospective effect). ]
- [(1) Notwithstanding anything contained in article 13, no law providing for-(a)the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or(b)the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or(c)the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or(d)the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or(e)the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by [article 14 or article 19]:[Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:] [Inserted by the Constitution (First Amendment) Act, 1951, Section 4 (with retrospective effect). ][Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.] [Inserted by the Constitution (Seventeenth Amendment) Act, 1964, Section 2.]31B. [ Validation of certain Acts and Regulations. [Inserted by the Constitution (First Amendment) Act, 1951, Section 5.]
- Without prejudice to the generality of the provisions contained in article 31-A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provision thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any Court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.] [Inserted by the Constitution (First Amendment) Act, 1951, Section 4 (with retrospective effect). ]31C. [ Saving of laws giving effect to certain directive principles. [Inserted by the Constitution (Twenty-fifth Amendment) Act, 1971, Section 3 (w.e.f. 20-4-1972).]
- Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing [all or any of the principles laid down in Part IV][shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by [article 14 or article 19] [Inserted by the Constitution (Twenty-fifth Amendment) Act, 1971, Section 3 (w.e.f. 20-4-1972). ][; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any Court on the ground that it does not give effect to such policy :Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.] [Inserted by the Constitution (Twenty-fifth Amendment) Act, 1971, Section 3 (w.e.f. 20-4-1972). ]31D. [ Saving of laws in respect of anti-national activities. [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 5 (w.e.f. 3-1-1977).]
- [ Repealed by the Constitution (Forty-third Amendment) Act , 1977, section 2 (w.e.f . 13-4-1978).]]Right to Constitutional Remedies32. Remedies for enforcement of rights conferred by this Part.
32A. [ Constitutional validity of State laws not to be considered in proceedings under article 32 [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 6 (w.e.f. 1-2-1977).]
.-[ Repealed by the Constitution (Forty-third Amendment) Act , 1977, section 3 (w.e.f.13-4-1978).]]33. [ Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. [Substituted by the Constitution (Fiftieth Amendment) Act, 1984, Section 2, for Article 33 (w.e.f. 11-9-1984).]
- Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,-34. Restriction on rights conferred by this Part while martial law is in force in any area.
- Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.35. Legislation to give effect to the provisions of this Part. -
Notwithstanding anything in this Constitution,-Part IV – DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition.
- In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.37. Application of the principles contained in this Part.
- The provisions contained in this Part shall not be enforceable by any Court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.38. State to secure a social order for the promotion of welfare of the people.
- [(1)] [Article 38 renumbered as Clause (1) thereof by the Constitution (Forty fourth Amendment) Act, 1978, Section 9 (w.e.f. 20-6-1979).] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.39. Certain principles of policy to be followed by the State.
- The State shall, in particular, direct its policy towards securing-39A. [ Equal justice and free legal aid. [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 8 (w.e.f. 3-1-1977).]
- The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.]40. Organisation of village panchayats.
- The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.41. Right to work, to education and to public assistance in certain cases.
- The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.42. Provision for just and humane conditions of work and maternity relief.
- The State shall make provision for securing just and humane conditions of work and for maternity relief.43. Living wage, etc., for workers.
- The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.43A. [ Participation of workers in management of industries. [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 9 (w.e.f. 3-1-1977).]
- The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.]43B. [ Promotion of cooperative Societies. [Inserted by the Constitution (Ninety Seventh Amendment) Act, 2011, Section 2.]
- The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.44. Uniform civil code for the citizens
. - The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.45. [ Provision for early childhood care and education to children below the age of six years. [Substituted by the Constitution (Eighty-sixth Amendment) Act, 2002, Section 3, for Article 45 (yet to be enforced). Prior to its substitution, Article 45 read as under:-" 45. Provision for free and compulsory education for children.-The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years." ]
- The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.]46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
- The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
- The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.48. Organisation of agriculture and animal husbandry
. - The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.48A. [ Protection and improvement of environment and safeguarding of forests and wild life. [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 10 (w.e.f. 3-1-1977).]
- The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.]49. Protection of monuments and places and objects of national importance.
- It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, [declared by or under law made by Parliament] [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 27, for " declared by Parliament by law" .] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.50. Separation of judiciary from executive.
- The State shall take steps to separate the judiciary from the executive in the public services of the State.51. Promotion of international peace and security.
- The State shall endeavour to-51A. Fundamental duties.
- It shall be the duty of every citizen of India-Part V – THE UNION
Chapter I
The Executive
The President and Vice-President52. The President of India.
- There shall be a President of India.53. Executive power of the Union.
54. Election of President.
- The President shall be elected by the members of an electoral college consisting of-55. Manner of election of President.
56. Term of office of President.
57. Eligibility for re-election.
- A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.58. Qualifications for election as President.
59. Conditions of President's office.
60. Oath or affirmation by the President.
- Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the seniormost Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say-| "I, A.B., do | Swear in the nameof God | that I will faithfully execute the office |
| Solemnly affirm |
61. Procedure for impeachment of the President.
62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.
63. The Vice-President of India.
- There shall be a Vice-President of India.64. The Vice-President to be ex officio Chairman of the Council of States.
- The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit:Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
66. Election of Vice-President.
67. Term of office of Vice-President.
- The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:Provided that-68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy.
69. Oath or affirmation by the Vice-President.
- Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say-| "I,A.B., do | Swear in the nameof God | that I will bear true faith and allegiance |
| Solemnly affirm |
70. Discharge of President's functions in other contingencies.
- Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.71. [ Matters relating to, or connected with, the election of a President or Vice-President. [Article 71 has been successively substituted by the Constitution (Thirty ninth Amendment) Act, 1975, Section 2 (w.e.f. 10.8.1975) and the Constitution (Forty-fourth Amendment) Act, 1978, Section 10, to read as above (w.e.f 20.6. 1979).]
72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
73. Extent of executive power of the Union.
74. Council of Ministers to aid and advise President.
- [(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: ] [Substituted by the Constitution (Forty-second Amendment) Act, 1976, Section 13, for Clause (1) (w.e.f. 3.1.1977).][Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.] [Inserted by the Constitution (Forty-fourth Amendment) Act, 1978, Section 11 (w.e.f. 20.6.1979).]75. Other provisions as to Ministers.
76. Attorney-General for India.
77. Conduct of business of the Government of India.
78. Duties of Prime Minister as respects the furnishing of information to the President, etc.
- It shall be the duty of the Prime Minister-Chapter II
Parliament
General79. Constitution of Parliament.
- There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.80. Composition of the Council of States.
81. Composition of the House of the People.
| Additional Information ▼ |
| Note.-Paragraph 2 of the Constitution (Removal of Difficulties) Order No. VIII as amended by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule, provides as follows:For the period during which the tribal areas specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution or any parts thereof are administered by the President by virtue of sub-paragraph (2) of paragraph 18 of the said Schedule, the Constitution of India shall have effect subject to the following adaptations:In Article 81,-(a) in sub-Clause (b) of Clause (1), after the words " Union territories" , the words, letter and figures " and the tribal areas specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule" shall be inserted; and (b) to Clause (2), the following proviso shall be added, namely:-" Provided that the constituencies into which the State of Assam is divided shall not comprise the tribal areas specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule." |
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 such 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:[Provided further that such readjustment shall take effect from such date as President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:Provided also that until the relevant figures for the first census taken after the year [2026] [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 16 (w.e.f. 3.1.1977). ] have been published, it shall not be necessary to [readjust-83. Duration of Houses of Parliament.
84. Qualification for membership of Parliament.
- A person shall not be qualified to be chosen to fill a seat in Parliament unless he-85. Sessions of Parliament, prorogation and dissolution.
86. Right of President to address and send messages to Houses.
87. Special address by the President.
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 Parliament89. The Chairman and Deputy Chairman of the Council of States.
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-91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
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-95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
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.
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.
101. Vacation of seats.
102. Disqualifications for membership.
103. [ Decision on questions as to disqualifications of members. [Article 103 has been successively substituted by the Constitution (Forty second Amendment) Act, 1976, Section 20 (w.e.f. 3.1.1977) and the Constitution (Forty-fourth Amendment) Act, 1978, Section 14, to read as above (w.e.f. 20.6.1979).]
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 or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, 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 Members105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
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 Procedure107. Provisions as to introduction and passing of Bills.
108. Joint sitting of both Houses in certain cases.-
109. Special procedure in respect of Money Bills.
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 provisions dealing with all or any of the following matters, namely:-(a)the imposition, abolition, remission, alteration or regulation of any tax;(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 sub-clauses (a) to (f).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 declare either that he assents to the Bill, or that he withholds assent therefrom: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 Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability 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 Matters112. Annual financial statement.
113. Procedure in Parliament with respect to estimates.
114. Appropriation Bills.
115. Supplementary, additional or excess grants.
116. Votes on account, votes of credit and exceptional grants.
117. Special provisions as to financial Bills.
118. Rules of procedure.
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.
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.
Chapter III
Legislative Powers Of The President
123. Power of President to promulgate Ordinances during recess of Parliament.
Chapter IV
The Union Judiciary
124. Establishment and constitution of Supreme Court.
124A. [ National Judicial Appointments Commission. [Inserted by Constitution (Ninety-Ninth Amendment) Act, 2014, dated 31.12.2014.]
124B. Functions of Commission.
- It shall be the duty of the National Judicial Appointments Commission to-124C. Power of Parliament to make law.
- Parliament may, by law, regulate the procedure for the appointment of Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and empower the Commission to lay down by regulations the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered necessary by it.]125. Salaries, etc., of Judges.
- [(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.] [Substituted by the Constitution (Fifty-fourth Amendment) Act, 1986, Section 2, for Clause (1) (w.e.f. 1.4.1986).]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.
128. Attendance of retired Judges at sittings of the Supreme Court.
- Notwithstanding anything in this Chapter, [the National Judicial Appointments Commission] [Substituted for the words 'the Chief Justice of India' by Constitution (Ninety-Ninth Amendment) Act, 2014, dated 31.12.2014.] may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court [or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] [Inserted by the Constitution (Fifteenth Amendment) Act, 1963, Section 3. ] 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 so 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 including 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 any other Court, have original jurisdiction in any dispute-131A. [ Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws. [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 23 (w.e.f. 1.2.1977). ]
- [ Repealed by the Constitution (Forty-third Amendment) Act , 1977, section 4 (w.e.f.13-4-1978).]]132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.
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 territory of India [if the High Court certifies under article 134-A-] [Substituted by the Constitution (Thirtieth Amendment) Act, 1972, Section 2, for Clause (1) (w.e.f. 27.2.1973).](a)[ that the case involves a substantial question of law of general importance; and [Substituted by the Constitution (Thirtieth Amendment) Act, 1972, Section 2, for Clause (1) (w.e.f. 27.2.1973).](b)that in the opinion of the High Court the said question needs to be decided by the Supreme Court.]134. Appellate jurisdiction of Supreme Court in regard to criminal matters.
134A. [ Certificate for appeal to the Supreme Court. [Inserted by the Constitution (Forty-fourth Amendment) Act, 1978, Section 20 (w.e.f. 1.8.1979). ]
- Every High Court, passing or making a Judgement, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,-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.
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.
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 32.139A. [ Transfer of certain cases. [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 24 (w.e.f. 1.2.1977). ]
- [(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.]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.
143. Power of President to consult Supreme Court.
144. Civil and judicial authorities to act in aid of the Supreme Court.
- All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.144A. [ Special provisions as to disposal of questions relating to constitutional validity of laws. [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 25 (w.e.f. 1.2.1977).]
- [ Repealed by the Constitution (Forty-third Amendment) Act , 1977, section 5 (w.e.f.13-4-1978).]]145. Rules of Court, etc.
146. Officers and servants and the expenses of the Supreme Court.
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.
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. [ Form of accounts of the Union and of the States. [Substituted by the Constitution (Forty-second Amendment) Act, 1976, Section 27, for Article 150 (w.e.f. 1.4.1977).]
- The accounts of the Union and of the States shall be kept in such form as the President may, [on the advice of] [the Comptroller and Auditor-General of India, prescribe.] [Substituted by the Constitution (Forty-second Amendment) Act, 1976, Section 27, for Article 150 (w.e.f. 1.4.1977).]151. Audit reports.
Part VI – THE STATES [* * *] [The words " IN PART A OF THE FIRST SCHEDULE" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule.]
Chapter I
General
152. Definition.
- In this Part, unless the context otherwise requires, the expression "State" [does not include the State of Jammu and Kashmir] [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule, for " means a State specified in Part A of the First Schedule" .].Chapter II
The Executive
The Governor153. Governors of States.
- There shall be a Governor for each State:[Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.] [Added by the Constitution (Seventh Amendment) Act, 1956, Section 6.]154. Executive power of State.
155. Appointment of Governor.
- The Governor of a State shall be appointed by the President by warrant under his hand and seal.156. Term of office of Governor.
157. Qualifications for appointment as Governor.
- No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.158. Conditions of Governor's office.
159. Oath or affirmation by the Governor.
- Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say-| "I,A.B., do | Swear in the nameof God | that I will faithfully execute the |
| Solemnly affirm |
160. Discharge of the functions of the Governor in certain contingencies.
- The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
- The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.162. Extent of executive power of State.
- Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.Council of Ministers163. Council of Ministers to aid and advise Governor.
164. Other provisions as to Ministers.
165. Advocate-General for the State.
166. Conduct of business of the Government of a State.
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.
- It shall be the duty of the Chief Minister of each State-Chapter III
The State Legislature
General168. Constitution of Legislatures in States.
169. Abolition or creation of Legislative Councils in States.
170. [ Composition of the Legislative Assemblies. [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 9, for Acticle 170.]
171. Composition of the Legislative Councils.
172. Duration of State Legislatures.
173. Qualification for membership of the State Legislature.
- A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he-174. [ Sessions of the State Legislature, prorogation and dissolution. [Substituted by the Constitution (First Amendment) Act, 1951, Section 8, for Article 174.]
175. Right of Governor to address and send messages to the House or Houses.
176. Special address by the Governor.
177. Rights of Ministers and Advocate-General as respects the Houses.
- Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.Officers of the State Legislature178. The Speaker and Deputy Speaker of the Legislative Assembly.
- Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
- A member holding office as Speaker or Deputy Speaker of an Assembly-180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
182. The Chairman and Deputy Chairman of the Legislative Council.
- The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
- A member holding office as Chairman or Deputy Chairman of a Legislative Council-184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
- There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.187. Secretariat of State Legislature.
188. Oath or affirmation by members.
- Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
190. Vacation of seats.
191. Disqualifications for membership.
192. [ Decision on questions as to disqualifications of members. [Article 192 has been successively substituted by the Constitution (Forty second Amendment) Act, 1976, Section 33 (w.e.f. 3.1.1977) and the Constitution (Forty-fourth Amendment) Act, 1978, Section 25, to read as above (w.e.f. 20.6.1979).]
193. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.
- If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable 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 State.Powers, Privileges and Immunities of State Legislatures and their Members194. Powers, privileges, etc., of the House of Legislatures and of the members and committees thereof.
195. Salaries and allowances of members.
- Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of the Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province.Legislative Procedure196. Provisions as to introduction and passing of Bills.
197. Restriction on powers of Legislative Council as to Bills other than Money Bills.
198. Special procedure in respect of Money Bills.
199. Definition of "Money Bills"
.-(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:-(a)the imposition, abolition, remission, alteration or regulation of any tax;(b)the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;(c)the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund;(d)the appropriation of moneys out of the Consolidated Fund of the State;(e)the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the State, or the increasing of the amount of any such expenditure;(f)the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money; or(g)any matter incidental to any of the matters specified in sub-clauses (a) to (f).200. Assent of Bills.
- When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom:Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.201. Bills reserved for consideration.
- When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.Procedure in Financial Matters202. Annual financial statement.
203. Procedure in Legislature with respect to estimates.
204. Appropriation Bills.
205. Supplementary, additional or excess grants.
206. Votes on account, votes of credit and exceptional grants.
207. Special provisions as to financial Bills.
208. Rules of procedure.
209. Regulation by law of procedure in the Legislature of the State in relation to financial business.
- The Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail.210. Language to be used in the Legislature.
211. Restriction on discussion in the Legislature.
- No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.212. Courts not to inquire into proceedings of the Legislature.
Chapter IV
Legislative Power Of The Governor
213. Power of Governor to promulgate Ordinances during recess of Legislature.
Chapter V
The High Courts In The States
214. High Courts for States.
- [* * *] [The brackets and figure " (1)" omitted by the Constitution (seventh Amendment) Act, 1956, Section 29 and Schedule.] There shall be a High Court for each State.[* * *] [Clauses (2) and (3) omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule.]215. High Courts to be Courts of record.
- Every High Court shall be a Court of record and shall have all the powers of such a Court including the power to punish for contempt of itself.216. Constitution of High Courts.
- Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.[* * *] [Proviso omitted by the Constitution (Seventh Amendment) Act, 1956, Section 11.]217. Appointment and conditions of the office of a Judge of a High Court.
218. Application of certain provisions relating to Supreme Court to High Courts.
- The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.219. Oath or affirmation by Judges of High Courts.
- Every person appointed to be a Judge of a High Court [* * *] [The words " in a State" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule.] shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.220. [ Restriction on practice after being a permanent Judge. [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 13, for Article 220.]
- No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any Court or before any authority in India except the Supreme Court and the other High Courts.Explanation.-In this article, the expression "High Court" does not include a High Court for a State specified in Part B of the First Schedule as it existed before the [commencement] [of the Constitution (Seventh Amendment) Act, 1956.] [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 13, for Article 220.]221. Salaries, etc., of Judges.
- [(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.] [Substituted by the Constitution (Forty-fourth Amendment) Act, 1986, Section 3, for Clause (1) (w.r.e.f. 1.4.1986).]222. Transfer of a Judge from one High Court to another. -
223. Appointment of acting Chief Justice.
- When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.224. [ Appointment of additional and acting Judges. [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 15, for Article 224.]
224A. [ Appointment of retired Judges at sittings of High Courts. [Inserted by the Constitution (Fifteenth Amendment) Act, 1963, Section 7. ]
- Notwithstanding anything in this Chapter, [the National Judicial Appointments Commission on a reference made to it by the Chief Justice of High Court for any State, may with the previous consent of the President], request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.]225. Jurisdiction of existing High Courts.
- Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution:[Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.] [Inserted by the Constitution (Forty-fourth Amendment) Act, 1978, Section 29 (w.e.f. 20.6.1979). Original proviso was omitted by the Constitution (Forty second Amendment) Act, 1976, Section 37 (w.e.f. 1.2.1977).]226. [ Power of High Courts to issue certain writs. [Substituted by the Constitution (Forty-second Amendment) Act, 1976, Section 38, for Acticle 226 (w.e.f. 1.2.1977). ]
226A. [ Constitutional validity of Central laws not to be considered in proceedings under article 226. [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 39 (w.e.f. 1.2.1977).]
- [ Repealed by the Constitution (Forty-third Amendment) Act, 1977, section 8 (w.e.f.13-4-1978).]] [Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, Section 30, for Clauses (3), (4), (5) and (6) (w.e.f. 1.8.1979).]227. Power of superintendence over all Courts by the High Court.
- [(1) Every High Court shall have superintendence over all Courts and tribunals throughout the territories in relation to which it exercises jurisdiction.] [Clause (1) has been successively substituted by the Constitution (Forty second Amendment) Act, 1976, Section 40 (w.e.f. 1.2.1977) and the Constitution (Forty-fourth Amendment) Act, 1978, Section 31 (w.e.f. 20.6.1979), to read as above.]228. Transfer of certain cases to High Court.
- If the High Court is satisfied that a case pending in a Court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, [it shall withdraw the case and [* * *] [Substituted by the Constitution (Forty-second Amendment) Act, 1976, Section 41, for " it shall withdraw the case and may-" (w.e.f. 1.2.1977). ][may-] [Substituted by the Constitution (Forty-second Amendment) Act, 1976, Section 41, for " it shall withdraw the case and may-" (w.e.f. 1.2.1977). ]228A. [ Special provisions as to disposal of questions relating to constitutional validity of State laws. [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 42 (w.e.f. 1.2.1977).]
- [ Repealed by the Constitution (Forty-third Amendment) Act, 1977, section 10 (w.e.f. 13-4-1978).]]229. Officers and servants and the expenses of High Courts.
230. [ Extension of jurisdiction of High Courts to Union territories. [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 16, for Articles 230, 231 and 232.]
231. Establishment of a common High Court for two or more States.
Chapter VI
Subordinate Courts
233. Appointment of district judges.
233A. [ Validation of appointments of, and Judgements, etc., delivered by, certain district judges. [Inserted by the Constitution (Twentieth Amendment) Act, 1966, Section 2. ]
- Notwithstanding any Judgement, decree or order of any Court,-234. Recruitment of persons other than district judges to the judicial service.
- Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.235. Control over subordinate Courts.
- The control over district Courts and Courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.236. Interpretation.
- In this Chapter-237. Application of the provisions of this Chapter to certain class or classes of magistrates.
- The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.Part VII – THE STATES IN PART B OF THE FIRST SCHEDULE.-
[ Repealed by the Constitution (Seventh Amendment) Act, 1956,section 29 and Schedule .Part VIII – [THE UNION TERRITORIES] [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 17, for the heading " THE STATES IN PART C OF THE FIRST SCHEDULE" .]
239. [ Administration of Union territories. [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 17, for Art. 239. ]
239A. [ Creation of local Legislatures or Council of Ministers or both for certain Union territories. [Inserted by the Constitution (Fourteenth Amendment) Act, 1962, Section 4. ]
239AA. [ Special provisions with respect to Delhi. [Inserted by the Constitution (Sixty-ninth Amendment) Act, 1991, Section 2 (w.e.f. 1-2-1992). ]
239AB. Provision in case of failure of constitutional machinery.
- If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied-239B. [ Power of administrator to promulgate Ordinances during recess of Legislature. [Inserted by the Constitution (Twenty-seventh Amendment) Act, 1971, Section 3 (w.e.f. 30.12.1971).]
240. [ Power of President to make regulations for certain Union territories. [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 17, for Art. 240. ]
241. High Courts for Union territories.
242. Coorg
[ Repealed by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule.][PART IX] [Inserted by the Constitution (Seventy-third Amendment) Act, 1992, Section 2 (w.e.f. 24.4.1993). Earlier PART IX.- The territories in Part D of the First Schedule and other territories not specified in that Schedule was repealed by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule.] THE PANCHAYATS243. Definitions.
- In this Part, unless the context otherwise requires,-243A. Gram Sabha.
- A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide.243B. Constitution of Panchayats.
- There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.243C. Composition of Panchayats.
243D. Reservation of seats.
243E. Duration of Panchayats, etc.
243F. Disqualifications for membership.
243G. Powers, authority and responsibilities of Panchayats.
- Subject to the provisions of the Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to-243H. Powers to impose taxes by, and Funds of, the Panchayats.
- The Legislature of a State may, by law,-243I. Constitution of Finance Commission to review financial position.
243J. Audit of accounts of Panchayats.
- The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.243K. Elections to the Panchayats.
243L. Application to Union territories.
- The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:Provided that the President may, by public notification direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.243M. Part not to apply to certain areas.
243N. Continuance of existing laws and Panchayats.
- Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before the commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.243O. Bar to interference by Courts in electoral matters.
- Notwithstanding anything in this Constitution-243P. Definitions.
- In this Part, unless the context otherwise requires,-243Q. Constitution of Municipalities.
243R. Composition of Municipalities.
243S. Constitution and composition of Wards Committees, etc.
243T. Reservation of seats.
243U. Duration of Municipalities, etc.
243V. Disqualifications for membership.
243W. Powers, authority and responsibilities of Municipalities, etc.
- Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow-243X. Power to impose taxes by, and Funds of, the Municipalities.
- The Legislature of a State may, by law-243Y. Finance Commission.
243Z. Audit of accounts of Municipalities.
243ZA. Elections to the Municipalities.
243ZB. Application to Union territories.
- The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.243ZC. Part not to apply to certain areas.
243ZD. [ Committee for district planning. [The provisions of Article 243-ZD shall not apply to the National Capital Territory of Delhi vide S.O. 1125(E), dated 12.11.2001.]
243ZE. [ Committee for Metropolitan planning. [The provisions of Article 243-ZE shall not apply to the National Capital Territory of Delhi vide S.O. 1125(E), dated 12.11.2001.]
243ZF. Continuance of existing laws and Municipalities.
- Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.243ZG. Bar to interference by Courts in electoral matters.
- Notwithstanding anything in this Constitution,-243ZH. Definitions.
- In this Part, unless the context otherwise requires,-243ZI. Incorporation of Co-operative Societies .
-- Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the incorporation, regulation and winding up of co-operative societies based on the principles of voluntary formation, democratic member-control, member-economic participation and autonomous functioning.243ZJ. Number and term of members of board and its office bearers..
-- (1) The board shall consist of such number of directors as may be provided by the Legislature of a State, by law :-Provided that the maximum number of directors of a co-operative society shall not exceed twenty-one:Provided further that the Legislature of a State shall, by law, provide for the reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women on board of every co-operative society consisting of individuals as members and having members from such class or category of persons.243ZK. Election of members of board..
-- (1) Notwithstanding anything contained in any law made by the Legislature of a State, the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the term of the office of members of the outgoing board.243ZL. Supersession and suspension of board and interim management.
-- (1) Notwithstanding anything contained in any law for the time being in force, no board shall be superseded or kept under suspension for a period exceeding six months:Provided that the board may be superseded or kept under suspension in case-(i)of its persistent default; or(ii)of negligence in the performance of its duties; or(iii)the board has committed any act prejudicial to the interests of the cooperative society or its members; or(iv)there is a stalemate in the constitution or functions of the board; or(v)the authority or body as provided by the Legislature of a State, by law, under clause (2) of article 243ZK, has failed to conduct elections in accordance with the provisions of the State Act:Provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee by the Government:Provided also that in case of a co-operative society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 shall also apply:Provided also that in case of a co-operative society, other than a multi-State co-operative society, carrying on the business of banking, the provisions of this clause shall have the effect as if for the words "six months", the words "one year" had been substituted.243ZM. Audit of accounts of co-operative societies..
-- (1) The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the co-operative societies and the auditing of such accounts at least once in each financial year.243ZN. Convening of general body meetings..
-- The Legislature of a State may, by law, make provisions that the annual general body meeting of every co-operative society shall be convened within a period of six months of close of the financial year to transact the business as may be provided in such law.243ZO. Right of a member to get information..
-- (1) The Legislature of a State may, by law, provide for access to every member of a co-operative society to the books, information and accounts of the co-operative society kept in regular transaction of its business with such member.243ZP. Returns..
-- Every co-operative society shall file returns, within six months of the close of every financial year, to the authority designated by the State Government including the following matters, namely:-243ZQ. Offences and penalties..
-- (1) The Legislature of a State may, by law, make provisions for the offences relating to the co-operative societies and penalties for such offences.243ZR. Application to multi-State co-operative societies..
-- The provisions of this Part shall apply to the multi-State co-operative societies subject to the modification that any reference to "Legislature of a State", "State Act" or "State Government" shall be construed as a reference to "Parliament", "Central Act" or "the Central Government" respectively.243ZS. Application to Union Territories..
-- The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, having no Legislative Assembly as if the references to the Legislature of a State were a reference to the administrator thereof appointed under article 239 and, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:Provided that the President may, by notification in the Official Gazette, direct that the provisions of this Part shall not apply to any Union territory or part thereof as he may specify in the notification.243ZT. Continuance of existing laws..
-- Notwithstanding anything in this Part, any provision of any law relating to co-operative societies in force in a State immediately before the commencement of the Constitution (Ninety-seventh Amendment) Act, 2011, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is less.'.Part X – THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and Tribal Areas.
244A. [ Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor. [Inserted by the Constitution (Twenty-second Amendment) Act, 1969, Section 2 (w.e.f. 25.9.1969). ]
Part XI – RELATIONS BETWEEN THE UNION AND THE STATES
Chapter I
Legislative Relations
Distribution of Legislative Powers245. Extent of laws made by Parliament and by the Legislatures of States.
246. Subject-matter of laws made by Parliament and by the Legislatures of States.
246A. [ Special provision with respect to goods and services tax. [Inserted by Constitution (One Hundred and First Amendment) Act, 2016, dated 8.9.2016.]
247. Power of Parliament to provide for the establishment of certain additional Courts.
- Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional Courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.248. Residuary powers of legislation.
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.
250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.
- Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative.252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
253. Legislation for giving effect to international agreements.
- Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.
- No Act of Parliament or of the Legislature of a State [* * *] [The words and letters " specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule ], and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given-Chapter II
Administrative Relations
General256. Obligation of States and the Union.
- The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.257. Control of the Union over States in certain cases.
257A. [ Assistance to States by deployment of armed forces or other forces of the Union. [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 43 (w.e.f. 3.1.1977).]
- [ Repealed by the Constitution (Forty-fourth Amendment) Act, 1978, section 33 (w.e.f. 20-6-1979.).]258. Power of the Union to confer powers, etc., on States in certain cases.
258A. [ Power of the States to entrust functions to the Union. [Inserted by the Constitution (Seventh Amendment) Act, 1956, Section 18. ]
- Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.]259. Armed Forces in States in Part B of the First Schedule.
- [ Repealed by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule (w.e.f. 1-11-1956).]260. Jurisdiction of the Union in relation to territories outside India.
- The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.261. Public acts, records and judicial proceedings.
262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.
263. Provisions with respect to an inter-State Council.
- If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of-Part XII – FINANCE, PROPERTY, CONTRACTS AND SUITS
Chapter I
Finance
General264. [ Interpretation. [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule, for Article 264.]
- In this Part, "Finance Commission" means a Finance Commission constituted under article 280.]265. Taxes not to be imposed save by authority of law.
- No tax shall be levied or collected except by authority of law.266. Consolidated Funds and public accounts of India and of the States.
267. Contingency Fund.
268. Duties levied by the Union but collected and appropriated by the States.
268A. [ Service tax levied by Union and collected and appropriated by the Union and the States. [Inserted by the Constitution (Eighty-eighth Amendment) Act, 2003, Section 2 (yet to be enforced).]
269. Taxes levied and collected by the Union but assigned to the States.
- [(1) Taxes on the sales or purchase of goods and taxes on the consignment of goods [except as provided in article 269A] [Substituted by the Constitution (Eightieth Amendment) Act, 2000, Section 2, for Clauses (1) and (2) (w.e.f. 9.6.2000).] shall be levied and collected by the Government of India but shall be assigned and shall be deemed to have been assigned to the States on or after the 1st day of April, 1996 in the matter provided in clause (2).Explanation .-For the purposes of this clause,-(a)the expression "taxes on the sale or purchase of goods" shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce;(b)the expression "taxes on the consignment of goods" shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.269A. [ Levy and collection of goods and services tax in course of inter-State trade or commerce. [Inserted by Constitution (One Hundred and First Amendment) Act, 2016, dated 8.9.2016.]
270. [ Taxes levied and distributed between the Union and the States. [Substituted by the Constitution (Eightieth Amendment) Act, 2000, Section 3, for Art. 270 (w.r.e.f. 1.4.1996).]
271. Surcharge on certain duties and taxes for purposes of the Union.
- Notwithstanding anything in articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in those articles [except the goods and services tax under article 246A] [Inserted by Constitution (One Hundred and First Amendment) Act, 2016, dated 8.9.2016.] by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India.272. [ Taxes which are levied and collected by the Union and may be distributed between the Union and the States. [The Union duties of excise including additional duties and any other tax or duty collected and distributed by Central Government as grants-in-trade to State after 1.4.1996 and before 9.4.2000 shall be deemed to be distributed as if before 1.4.1996. ]
- [ Omitted by the Constitution (Eightieth Amendment) Act , 2000, section 4 (w.e.f.9-6-2000).]]273. Grants in lieu of export duty on jute and jute products.
274. Prior recommendation of President required to Bills affecting taxation in which States are interested.
275. Grants from the Union to certain States.
276. Taxes on professions, trades, callings and employments.
277. Savings.
- Any taxes, duties, cesses or fees which, immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.278. Agreement with States in Part B of the First Schedule with regard to certain financial matters.
- [ Repealed by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule (w.e.f. 1-11-1956).]279. Calculation of "net proceeds", etc.
279A. [ Goods and Services Tax Council. [Inserted by Constitution (One Hundred and First Amendment) Act, 2016, dated 8.9.2016.]
280. Finance Commission.
281. Recommendations of the Finance Commission.
- The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.Miscellaneous Financial Provisions282. Expenditure defrayable by the Union or a State out of its revenues.
- The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws.283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.
284. Custody of suitors' deposits and other moneys received by public servants and Courts.
- All moneys received by or deposited with-285. Exemption of property of the Union from State taxation.
286. Restrictions as to imposition of tax on the sale or purchase of goods.
287. Exemption from taxes on electricity.
- Save insofar as Parliament may by law otherwise provide, no law of a State shall impose, or authorise the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is-288. Exemption from taxation by States in respect of water or electricity in certain cases.
289. Exemption of property and income of a State from Union taxation.
290. Adjustment in respect of certain expenses and pensions.
- Where under the provisions of this Constitution the expenses of any Court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if-290A. [ Annual payment to certain Devaswom Funds. [Inserted by the Constitution (Seventh Amendment) Act, 1956, Section 19.]
- A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of the Consolidated Fund of the State of [Tamil Nadu],[every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.] [Inserted by the Constitution (Seventh Amendment) Act, 1956, Section 19.]291. Privy purse sums of Rulers.
- [ Repealed by the Constitution (Twenty-sixth Amendment) Act, 1971, section 2 (w.e.f.28-12-1971).]Chapter II
Borrowing
292. Borrowing by the Government of India.
- The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.293. Borrowing by States.
Chapter III
Property, Contracts, Rights, Liabilities, Obligations And Suits
294. Succession to property, assets, rights, liabilities and obligations in certain cases.
- As from the commencement of this Constitution-295. Succession to property, assets, rights, liabilities and obligations in other cases.
296. Property accruing by escheat or lapse or as bona vacantia
.-Subject as hereinafter provided any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union:Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or a State, vest in the Union or in that State.Explanation .-In this article, the expressions "Ruler" and "Indian State" have the same meanings as in article 363.297. [ Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union. [Substituted by the Constitution (Fortieth Amendment) Act, 1976, Section 2, for Article 297 (w.e.f. 27.5.1976).]
298. [ Power to carry on trade, etc. [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 20, for Article 298.]
- The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose:Provided that-299. Contracts.
300. Suits and proceedings.
300A. Persons not to be deprived of property save by authority of law.
- No person shall be deprived of his property save by authority of law.]Part XIII – TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA
301. Freedom of trade, commerce and intercourse.
- Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.302. Power of Parliament to impose restrictions on trade, commerce and intercourse.
- Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
304. Restrictions on trade, commerce and intercourse among States.
- Notwithstanding anything in article 301 or article 303, the Legislature of a State may by law-305. [ Saving of existing laws and laws providing for State monopolies. [Substituted by the Constitution (Fourth Amendment) Act, 1955, Section 4, for Article 305.]
- Nothing in articles 301 and 303 shall affect the provisions of any existing law except insofar as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, insofar as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of article 19.]306. Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce.
- [ Repealed by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule (w.e.f. 1-11-1956).]307. Appointment of authority for carrying out the purposes of articles 301 to 304
.-Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.Part XIV – SERVICES UNDER THE UNION AND THE STATES
Chapter I
Services
308. Interpretation.
- In this Part, unless the context otherwise requires, the expression "State" [does not include the State of Jammu and Kashmir] [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule, for " means a State specified in Part A or Part B of the First Schedule" .].309. Recruitment and conditions of service of persons serving the Union or a State.
- Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor [* * *] [The words " or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule. ] of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.310. Tenure of office of persons serving the Union or a State.-
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.-
312. All-India Services.
312A. [ Power of Parliament to vary or revoke conditions of service of officers of certain services. [Inserted by the Constitution (Twenty-eight Amendment) Act, 1972, Section 2 (w.e.f. 29.8.1972).]
313. Transitional provisions.
- Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-India Service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution.314. Provision for protection of existing officers of certain services.
- [ Repealed by the Constitution (Twenty-eighth Amendment) Act , 1972, section 3 (w.e.f . 29-8-1972).]Chapter II
Public Service Commissions
315. Public Service Commissions for the Union and for the States.
316. Appointment and term of office of members.
317. Removal and suspension of a member of a Public Service Commission.
318. Power to make regulations as to conditions of service of members and staff of the Commission.
- In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor [* * *] [The words " or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule. ] of the State may by regulations-319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
- On ceasing to hold office-320. Functions of Public Service Commissions.
321. Power to extend functions of Public Service Commissions.
- An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.322. Expenses of Public Service Commissions.
- The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.323. Reports of Public Service Commissions.
323A. Administrative tribunals.
323B. Tribunals for other matters.
Part XV – ELECTIONS
324. Superintendence, direction and control of elections to be vested in an Election Commission.
325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
- There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
- The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than [eighteen years] [Substituted by the Constitution (Sixty-first Amendment) Act, 1989, Section 2, for " twenty-one years" (w.e.f. 28.3.1989).] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.327. Power of Parliament to make provision with respect to elections to Legislatures.
- Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.328. Power of Legislature of a State to make provision with respect to elections to such Legislature.
- Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.329. Bar to interference by Courts in electoral matters.
- [Notwithstanding anything in this Constitution [* * *] [Substituted by the Constitution (Thirty-ninth Amendment) Act, 1975, Section 3, for certain words.]-]329A. [ Special provision as to elections to Parliament in the case of Prime Minister and Speaker. [Inserted by the Constitution (thirty-ninth Amendment) Act, 1975, Section 4. ]
- [ Repealed by the Constitution (Forty-fourth Amendment) Act , 1978, section 36 (w.e.f.20-6-1979).]]Part XVI – SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
331. Representation of the Anglo-Indian community in the House of the People
.-Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States
.-(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, [except the Scheduled Tribes in the autonomous districts of Assam] [Substituted by the Constitution (Fifty-first Amendment) Act, 1984, Section 3, for certain words (w.e.f. 16.6.1986).], in the Legislative Assembly of every State [* * *] [The words and letters " specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule.].333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States
.-Notwithstanding anything in article 170, the Governor [* * *] [The words " or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule. ] of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, [nominate one member of that community to the Assembly] [Substituted by the Constitution (Twenty-third Amendment) Act, 1969, Section 4, for " nominate such number of members of the community to the Assembly as he considers appropriate" (w.e.f. 23.1.1970).].334. [Reservation of seats and special representation to cease after certain period] [Substituted 'Reservation of seats and special representation to cease after sixty years' by the Constitution (One Hundred and Fourth Amendment) Act, 2019, dated 21.1.2020.].
- Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to-335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.
- The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State:Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.336. Special provision for Anglo-Indian community in certain services.
337. Special provision with respect to educational grants for the benefit of Anglo-Indian community.
- During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State [* * *] [The words and letters " specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule.] for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948.During every succeeding period of three years the grants may be less by ten per cent. than those for the immediately preceding period of three years:Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the Anglo-Indian community, shall cease:Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent. of annual admissions therein are made available to members of communities other than the Anglo-Indian community.338. [National Commission for Scheduled Castes ] [Substituted by the Constitution (Eighty-ninth Amendment) Act, 2003, Section 2, for " the marginal heading " National Commission for Scheduled Castes and Scheduled Tribes" (w.e.f. 19.2.2004).]
.- [[(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.338A. [ National Commission for Scheduled Tribes. [Inserted by the Constitution (Eighty-ninth Amendment) Act, 2003, Section 3 (w.e.f. 19.2.2004).]
338B. [ National Commission for Backward Classes. [Inserted by Constitution (One Hundred and Second Amendment) Act, 2018, dated 11.8.2018.]
339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes.
340. Appointment of a Commission to investigate the conditions of backward classes.
341. Scheduled Castes.
342. Scheduled Tribes.
342A. [ Socially and educationally backward classes. [Inserted by Constitution (One Hundred and Second Amendment) Act, 2018, dated 11.8.2018.]
Part XVII – OFFICIAL LANGUAGE
Chapter I
Language Of The Union
343. Official language of the Union.
344. Commission and Committee of Parliament on official language.
Chapter II
Regional Languages
345. Official language or languages of a State.
- Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State:Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.346. Official language for communication between one State and another or between a State and the Union.
- The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.347. Special provision relating to language spoken by a section of the population of a State.
- On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.Chapter III
Language Of The Supreme Court, High Courts, Etc.
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
349. Special procedure for enactment of certain laws relating to language.
- During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause (1) of article 344 and the report of the Committee constituted under clause (4) of that article.Chapter IV
Special Directives
350. Language to be used in representations for redress of grievances.
- Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.350A. [ Facilities for instruction in mother-tongue at primary stage. [Inserted by the Constitution (Seventh Amendment) Act, 1956, Section 21.]
- It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.350B. Special Officer for linguistic minorities.
351. Directive for development of the Hindi language.
- It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.Part XVIII – EMERGENCY PROVISIONS
352. Proclamation of Emergency.
353. Effect of Proclamation of Emergency.
- While a Proclamation of Emergency is in operation, then-354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
355. Duty of the Union to protect States against external aggression and internal disturbance.
356. Provisions in case of failure of constitutional machinery in States.
357. Exercise of legislative powers under Proclamation issued under article 356
.-(1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent-(a)for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf;(b)for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof;(c)for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament.358. Suspension of provisions of article 19 during emergencies.
- [(1)] [Article 358 renumbered as Clause (1) thereof by the Constitution (Forty fourth Amendment) Act, 1978, Section 39 (w.e.f. 20.6.1979).] [While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation] [Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, Section 39, for " While a Proclamation of Emergency is in operation" (w.e.f. 20.6.1979).], nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:[Provided that [where such Proclamation of Emergency] [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 52 (w.e.f. 3.1.1977).] [is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.] [Inserted by the Constitution (Forty-second Amendment) Act, 1976, Section 52 (w.e.f. 3.1.1977).]359. Suspension of the enforcement of the rights conferred by Part III during emergencies.
359A. [ Application of this Part to the State of Punjab. [Inserted by the Constitution (Fifty-ninth Amendment) Act, 1988, Section 3 (w.e.f. 30.3.1988). ]
- [ Repealed by the Constitution (Sixty-third Amendment) Act , 1989, section 3 (w.e.f . 6-1-1990).]]360. Provisions as to financial emergency.
Part XIX – MISCELLANEOUS
361. Protection of President and Governors and Rajpramukhs.
361A. [ Protection of publication of proceedings of Parliament and State Legislatures. [Inserted by the Constitution (Forty-fourth Amendment) Act, 1978, Section 42 (w.e.f. 20.6.1979).]
361B. [ Disqualification for appointment on remunerative political post. [Inserted by the Constitution (Ninety-first Amendment) Act, 2003, Section 4 (w.e.f. 1.1.2004).]
- A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier.Explanation .-For the purposes of this article,-362. Rights and privileges of Rulers of Indian States.
- [ Repealed by the Constitution (Twenty-sixth Amendment) Act , 1971, section 2 (w.e.f.28-12-1971).]363. Bar to interference by Courts in disputes arising out of certain treaties, agreements, etc.
363A. [ Recognition granted to Rulers of Indian States to cease and privy purses to be abolished. [Inserted by the Constitution (Twenty-sixth Amendment) Act, 1971, Section 3 (w.e.f. 28.12.1971).]
- Notwithstanding anything in this Constitution or in any law for the time being in force-364. Special provisions as to major ports and aerodromes.
365. Effect of failure to comply with, or to give effect to, directions given by the Union.
- Where any State has failed to comply with, or to give effect to any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.366. Definitions.
- In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say-367. Interpretation.
Part XX – AMENDMENT OF THE CONSTITUTION
368. [Power of Parliament to amend the Constitution and procedure therefor] [Substituted by the Constitution (Twenty-fourth Amendment) Act, 1971, Section 3, for " Procedure for amendment of the Constitution" .].
- [(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.] [Inserted by the Constitution (Twenty-fourth Amendment) Act, 1971, Section 3.]Part XXI – [TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS] [Substituted by the Constitution (Thirteenth Amendment) Act, 1962, Section 2, for " TEMPORARY AND TRANSITIONAL PROVISIONS" (w.e.f. 1-12-1963).]
369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
- Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:-| Additional Information ▼ |
| In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said article 370 shall be operative with the modification that for the Explanation in clause (1) thereof, the following Explanation is substituted, namely:-" Explanation.-For the purposes of this article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the " Sadar-i-Rayasat* of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office." |
370. Temporary provisions with respect to the State of Jammu and Kashmir.
371. [ Special provision with respect to the States of [* * *] [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 22, for the original Art. 371. ] [Maharashtra and Gujarat. [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 22, for the original Art. 371. ]
- [* * *]371A. [ Special provision with respect to the State of Nagaland. [Inserted by the Constitution (Thirteenth Amendment) Act, 1962, Section 2 (w.e.f. 1.12.1963). ]
- Notwithstanding anything in this Constitution,-(a)no Act of Parliament in respect of-(i)religious or social practices of the Nagas,(ii)Naga customary law and procedure,(iii)administration of civil and criminal justice involving decisions according to Naga customary law,(iv)ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;(b)the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;(c)in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand;(d)as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor shall in his discretion make rules providing for-(i)the composition of the regional council and the manner in which the members of the regional council shall be chosen:Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex officio of the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves;(ii)the qualifications for being chosen as, and for being, members of the regional council;(iii)the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council;(iv)the procedure and conduct of business of the regional council;(v)the appointment of officers and staff of the regional council and their conditions of services; and(vi)any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council.| Additional Information ▼ |
| Paragraph 2 of the Constitution (Removal of Difficulties) Order No. X provides (w.e.f. 1.12.1963) that Article 371-A of the Constitution of India shall have effect as if the following proviso was added to paragraph (i) of sub-clause (e) of clause (2) thereof, namely:-" Provided that the Governor may, on the advice of the Chief Minister, appoint any person as Minister for Tuensang affairs to act as such until such time as persons are chosen in accordance with law to fill the seats allocated to the Tuensang district in the Legislative Assembly of Nagaland" |
371B. [ Special provision with respect to the State of Assam. [Inserted by the Constitution (Twenty-second Amendment) Act, 1969, Section 4 (w.e.f. 25.9.1969).]
- Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the Constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in [Part I][of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.] [Inserted by the Constitution (Twenty-second Amendment) Act, 1969, Section 4 (w.e.f. 25.9.1969).]371C. [ Special provision with respect to the State of Manipur. [Inserted by the Constitution (Twenty-seventh Amendment) Act, 1971, Section 5 (w.e.f. 15.2.1972).]
- Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee.371D. Special provisions with respect to the State of Andhra Pradesh.
371E. [ Establishment of Central University in Andhra Pradesh. [Inserted by the Constitution (Thirty-second Amendment) Act, 1973, Section 3 (w.e.f. 1.7.1974).]
- Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.]371F. [ Special provisions with respect to the State of Sikkim. [Inserted by the Constitution (Thirty-sixth Amendment) Act, 1975, Section 3 (w.e.f. 26.4.1975).]
- Notwithstanding anything in this Constitution,-371G. [ Special provision with respect to the State of Mizoram. [Inserted by the Constitution (Fifty-third Amendment) Act, 1986, Section 2 (w.e.f. 20.2.1987). ]
- Notwithstanding in this Constitution,-371H. [ Special provision with respect to the State of Arunachal Pradesh. [Inserted by the Constitution (Fifty-fifth Amendment) Act, 1986, Section 2 (w.e.f. 20.2.1987). ]
- Notwithstanding anything in this Constitution,-371I. [ Special provision with respect to the State of Goa. [Inserted by the Constitution (Fifty-sixth Amendment) Act, 1987, Section 2 (w.e.f. 30.5.1987)]
- Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.]371J. [ Special provisions with respect to State of Karnataka. [Inserted by the constitution (ninety-eight amendment) act, 2012, dated 1.1.2013.]
372. Continuance in force of existing laws and their adaptation.
372A. [ Power of the President to adapt laws. [Inserted by the Constitution (Seventh Amendment) Act, 1956, Section 23.]
373. Power of President to make order in respect of persons under preventive detention in certain cases.
- Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof there were substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President.374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.
375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
- All Courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.376. Provisions as to Judges of High Courts.
377. Provisions as to Comptroller and Auditor-General of India.
- The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) of article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement.378. Provisions as to Public Service Commissions.
378A. [ Special provision as to duration of Andhra Pradesh Legislative Assembly. [Inserted by the Constitution (Seventh Amendment) Act, 1956, Section 24.]
- Notwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.] [Inserted by the Constitution (Seventh Amendment) Act, 1956, Section 23.]379.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]380.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]381.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]382.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]383.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]384.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]385.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]386.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]387.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]388.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]389.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]390.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]391.
. [ Repealed by the Constitution (Seventh Amendment) Act , 1956, section 29 and Schedule (w.e.f. 1-11-1956).]392. Power of the President to remove difficulties.
Part XXII – SHORT TITLE, COMMENCEMENT, [AUTHORITATIVE TEXT IN HINDI] [Inserted by the Constitution (Fifty-eight Amendment) Act, 1987, Section 2 (w.e.f. 9.12.1987).] AND REPEALS
393. Short title.
- This Constitution may be called the Constitution of India.394. Commencement.
- This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.394A. [ Authoritative text in the Hindi language. [Inserted by the Constitution (Fifty-eighth Amendment) Act, 1987, Section 3 (w.e.f. 9.12.1987). ]
395. Repeals.
- The Indian Independence Act, 1947 and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949 are hereby repealed.[FIRST SCHEDULE] [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 2, for the First Schedule][Articles 1 and 4]1. THE STATES
| Name | Territories |
| 1. Andhra Pradesh | [The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section 3 of the States Reorganisation Act, 1956, the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, and the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968, but excluding the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.] |
| 2.Assam | The territories which immediately before the commencement of this Constitution were comprised in the Province of Assam, the Khasi States and the Assam Tribal Areas, but excluding the territories specified in the Schedule to the Assam (Alteration of Boundaries) Act, 1951 [and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962] [and the territories specified in sections 5, 6 and 7 of the North-Eastern Areas (Reorganisation) Act, 1971]. |
| 3.Bihar | [The territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province and the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 but excluding the territories specified in sub-section(1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act,1956, and the territories specified in clause (b) of sub-section (1) of section 3 of the first mentioned Act [and the territories specified in section 3 of The Bihar Reorganisation Act, 2000. |
| 4. [Gujarat | The territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.] |
| 5. Kerala | The territories specified in sub-section (1) of section 5 of the States Reorganisation Act, 1956. |
| 6. Madhya Pradesh | The territories specified in sub-section (1) of section 9 of the States Reorganisation Act, 1956 [and the First Schedule to the Rajasthan and Madhya Pradesh(Transfer of Territories) Act, 1959.] [but excluding the territories specified in section 3 of the Madhya Pradesh Reorganization Act,2000.] |
| 7. [Tamil Nadu | The territories which immediately before the commencement of this Constitution were either comprised in the Province of Madras or were being administered as if they formed part of that Province and the territories specified in section 4 of the States Reorganisation Act, 1956, [and the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act,1959], but excluding the territories specified in sub-section (1) of section 3 and sub-section (1) of section 4 of the Andhra State Act, 1953 and [the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 and the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959]. |
| 8. [Maharashtra | The territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956, but excluding the territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.] |
| 9. [ Karnataka] | The territories specified in sub-section (1) of section 7 of the States Reogranisation Act, 1956 [but excluding the territory specified in the Schedule to the Andhra Pradesh andMysore(Transfer of Territory) Act, 1968]. |
| 10. [] Orissa | The territories which immediately before the commencement of this Constitution were either comprised in the Province of Orissa or were being administered as if they formed part of that Province. |
| 11. []Punjab | The territories specified in section 11 of the States Reorganisation Act, 1956 [and the territories referred to in Part II of the First Schedule to the Acquired Territories (Merger) Act, 1960] [but excluding the territories refered to in Part II of the First Schedule to the Constitution (Ninth Amendment) Act, 1960] [and the territories specified in sub-section (1) of section 3, section 4 and sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966]. |
| 12. [] Rajasthan | The territories specified in section 10 of the States Reorganisation Act, 1956 [but excluding the territories specified in the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959]. |
| 13. [] Uttar Pradesh | [The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province, the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000] and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh(Alteration of Boundaries) Act, 1979.] |
| 14. []West Bengal | The territories which immediately before the commencement of this Constitution were either comprised in the Province of West Bengal or were being administered as if they formed part of that Province and the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore(Merger) Act, 1954 and also the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956. |
| 15. []Jammu and Kashmir | The territory, which immediately before the commencement of this Constitution was comprised in theIndianStateofJammu and Kashmir. |
| 16. [ Nagaland | The territories specified in sub-section (1) of section 3 of the State ofNagaland Act,1962.] |
| 17. [ Haryana | [The territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act, 1966 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh(Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (v) of sub-section (1) of section 4 of that Act.] |
| 18. [ Himachal | The territories which immediately before the Pradesh commencement of this Constitution were being administered as if they were Chief Commissioners' Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966.] |
| 19. [ Manipur | The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner's Province under the name of Manipur. |
| 20. Tripura | The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner's Province under the name of Tripura. |
| 21. Meghalaya | The territories specified in section 5 of the North-Eastern Areas (Reorganisation) Act, 1971. |
| 22. [Sikkim | The territories, which immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, were comprised inSikkim.] |
| 23. [ Mizoram | The territories specified in section 6 of the North-Eastern Areas (Reorganisation) Act, 1971.] |
| 24. [ Arunachal Pradesh | The territories specified in section 7 of the North-Eastern Areas (Reorganisation) Act, 1971.] |
| 25. [Goa | The territories specified in section 3 of the Goa,Damanand Diu Reorganisation Act, 1987.] |
| 26. [ Chhattisgarh: | The Territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000. |
| [27 Uttaranchal: | The territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000. |
| 28. [ Jharkhand: | The territories specified in section 3 of the Bihar Reorganisation Act, 2000. |
| II. TheUnionTerritories | |
| 1.Delhi | The territory, which immediately before the commencement of this Constitution was comprised in the Chief Commissioners Province of Delhi. |
| [* * * * *] | |
| [* * * * *] | |
| [2] The Andaman andNicobar Islands. | The territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioner's Province of the Andaman and NicobarIslands. |
| [3]Lakshadweep]. | The territory specified in section 6 of the States Reorganisation Act, 1956. |
| [4] Dadra and Nagar Haveli | The territory which immediately before the eleventh Nagar Haveli day of August, 1961 was comprised in Free Dadra and Nagar Haveli.] |
| [5] Daman andDiu] | The territories specified in section 4 of the Goa,Damanand Diu Reorganisation Act, 1987.] |
| [6]Pondicherry] | The territories which immediately before the sixteenth day of August, 1962, were comprised in the French Establishments in India known as Pondicherry, Karikal, Mahe and Yanam.] |
| [7]Chandigarh | The territories specified in section 4 of the Punjab Reorganisation Act, 1966.] |
| [* * * * *] | |
| [* * * * *] |
Part A
PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES [***].1. There shall be paid to the President and to the Governors of the States [***] [The words and letter "specified in Part A of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule] the following emoluments per mensem, that is to say: -
The President ...... [10,000 rupees] [Raised to Rs. 15,000 p.m. by the President's Pension (Amendment) Act, 1985 and further raised to Rs. 20,000 p.m. by the President's Emoluments and Pension (Amendment) Act, 1990 and further raised to Rs. 50,000 p.m. by the President's Emoluments and Pension (Amendment) Act, 1998 (25 of 1998), Section 2 (w.r.e.f. 1.1.1996).].The Governor of a State ...... [5,500 rupees.] [Raised to Rs. 11,000 p.m. by the Governor's Emoluments, Allowances and Privileges (Amendment) Act, 1987 (17 of 1987) and further raised to Rs. 36,000 p.m. by the Governors (Emoluments and Privileges) Amendment Act, 1998 (27 of 1998), Section 2 (w.r.e.f. 1.1.1996).]2. There shall also be paid to the President and to the Governors of the States [***] [The words "so specified" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule ] such allowances as were payable respectively to the Governor-General of the Dominion of India and to the Governors of the corresponding Provinces immediately before the commencement of this Constitution.
3. The President and the Governors of 5[the States] throughout their respective terms of office shall be entitled to the same privileges to which the Governor-General and the Governors of the corresponding Provinces were respectively entitled immediately before the commencement of this Constitution.
4. While the Vice-President or any other person is discharging the functions of, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emoluments, allowances and privileges as the President or the Governor whose functions he discharges or for whom he acts, as the case may be.
[***] [Substituted by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), Section 5, for entry 5 (w.e.f. 30.5.1987).]Part C
PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COUNCIL OF STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY [***] [Words or letter "OR A STATE IN PART A OD THE FIRST SCHEDULE" omitted by Seventh Amendement Act, 1956, Section 29] AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL OF [A STATE] [Substituted for word " any such state" by the Constitution Act, 1956, Section 29 and Sch.].7. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of States such salaries and allowances as were payable to the Speaker of the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution, and there shall be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable to the Deputy Speaker of the Constituent Assembly of the Dominion of India immediately before such commencement.
8. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly [***] [Certain Word "of a State specified in Part A of the First Schedule"] and to the Chairman and the Deputy Chairman of the Legislative Council of [a State] [Substitute for Certain word "such state" by Constitution Act, 1956, Section 29 and Sch.] such salaries and allowances as were payable respectively to the Speaker and the Deputy Speaker of the Legislative Assembly and the President and the Deputy President of the Legislative Council of the corresponding Province immediately before the commencement of this Constitution and, where the corresponding Province had no Legislative Council immediately before such commencement, there shall be paid to the Chairman and the Deputy Chairman of the Legislative Council of the State such salaries and allowances as the Governor of the State may determine.
Part D
PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE HIGH COURTS [***] [Certain Word "In states in Part a of the first schedule" omitted by Constitution Act, 1956, Section 25 ]9.
10. [(1). There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,-
The Chief Justice [9,000 rupees] [Substituted by the Constitution Act, 1956, Section 25, for sub-paragraph (1)]Any other Judge [8,000 rupees]] [Substituted for the word "3,500 rupees" by Constitution Act, 1986, Section 4]: [Substituted by the Constitution Act, 1956, Section 25 for word "shall be reduced by the amount of that pension"]Provided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the High Court shall be reduced-(a)by the amount of that pension, and(b)if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and(c)if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.11. In this Part, unless the context otherwise requires-
Part E
PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA12.
| 1 | Andhra Pradesh | - | - | - | 18 |
| 2 | Assam | - | - | - | 7 |
| 3 | Bihar | - | - | - | [16] |
| [4 | Jharkhand | - | - | - | 6] |
| 5. [ | Goa | - | - | - | 1] |
| 6. [] | Gujarat | - | - | - | 11] |
| 7. [] | Haryana | - | - | - | 5] |
| 8. [] | Kerala | - | - | - | 9 |
| 9. [] | Madhya Pradesh | - | - | - | [11] |
| 10. [ | Chattisgarh | - | - | - | 5] |
| 11. [] | Tamil Nadu] | - | - | - | [18] |
| 12. [] | Maharashtra | - | - | - | 19] |
| 13. [] | Karnataka] | - | - | - | 12 |
| 14. [] | Orissa | - | - | - | 10 |
| 15. [] | Punjab | - | - | - | [7] |
| 16. [] | Rajasthan | - | - | - | 10 |
| 17. [] | Uttar Pradesh | - | - | - | [31] |
| 18. [ | Uttranchal | - | - | - | 3] |
| 19. [] | West Bengal | - | - | - | 16 |
| 20. [] | Jammu and Kashmir | - | - | - | 4 |
| 21. [] | Nagaland | - | - | - | 1] |
| 22. [] | HimachalPradesh | - | - | - | 3] |
| 23. [] | Manipur | - | - | - | 1 |
| 24. [] | Tripura | - | - | - | 1 |
| 25. [] | Meghalaya | - | - | - | 1] |
| 26. [] | Sikkim | - | - | - | 1] |
| 27. [] | Mizoram | - | - | - | 1] |
| 28. [] | ArunachalPradesh | - | - | - | 1] |
| 29. [] | Delhi | - | - | - | 3 |
| 30. [] | Pondicherry | - | - | - | 1 |
| Total | [233]] |