Category Archives: constitution

All Amendments of the Indian Constitution at a glance

AMENDMENTS OF THE INDIAN CONSTITUTION [1 TO 101 ] 2016

1. The Constitution (First Amendment) Act, 1950—This amendment provided for several new grounds of restrictions to the right to freedom of speech and expression and the right to practise any profession or to carry on any trade or business as contained in Article 19 of the Constitution. These restrictions related to public order, friendly relations with foreign States or incitement to an offence in relation to the right to freedom of speech, and to the prescribing of professional or technical qualifications or the carrying on by the State, etc., of any trade, business, industry or service in relation to the right to carry on any trade or business. The amendment also inserted two new Articles, 31A and 31B and the Ninth Schedule to give protection from challenge to land reform laws.

2. The Constitution (Second Amendment) Act, 1952—By this amendment, the scale or
representation for election to the Lok Sabha was readjusted.

3. The Constitution (Third Amendment) Act, 1954—This amendment substituted entry 33 of List III
(Concurrent List) of the Seventh Schedule to make it correspond to Article 369.

4. The Constitution (Fourth Amendment) Act, 1955—Article 31 (2) of the Constitution was
amended to re-state more precisely the State’s power of compulsory acquisition and requisitioning of
private property and distinguish it from cases where the operation of regulatory or prohibitory laws
of the States results in “deprivation of property”. Article 31A of the Constitution was also amended to
extend its scope to cover categories of essential welfare legislation like abolition of zamindaris,
proper planning of urban and rural areas and for effecting a full control over the mineral and oil
resources of the country, etc. Six Acts were also included in the Ninth Schedule. Article 305 was also
amended to save certain laws providing of State Monopolies.

5. The Constitution (Fifth Amendment) Act, 1955—This amendment made a change in Article 3 so
as to empower President to specify a time limit for state legislatures to convey their views on the
proposed Central laws affecting areas, boundaries, etc., of their states.

6. The Constitution (Sixth Amendment) Act, 1956—This amendment made some changes in Articles
269 and 286 relating to taxes on sale and purchase of goods in the course of inter-state trade and
commerce. A new entry 92 A was added to the Union List of the Seventh Schedule to the Constitution.

7. The Constitution (Seventh Amendment) Act, 1956—This amendment purported to give effect to
the recommendations of the State Reorganisation Commission and the necessary consequential
changes. Broadly, the then existing states and territories were changed to have two-fold classification
of states and union territories. The amendment also provided for composition of the House of the
People, re-adjustment after every census, provisions regarding the establishment of new High Courts,
High Court Judges, etc.

8. The Constitution (Eighth Amendment) Act, 1960—Article 334 was amended with a view to extending the period of reservation of seats for Scheduled Castes and Scheduled Tribes and to the Anglo-Indian community by nomination in Parliament and in the State Legislatures for a further period of ten years.

9. The Constitution (Ninth Amendment) Act, 1960—The purpose of this amendment is to give effect to the transfer of certain territories to Pakistan in pursuance of the agreement entered into between Governments of India and Pakistan. This amendment was necessitated in view of the Judgement of Supreme Court in In Re Berubari Union by which it was held that any agreement to cede a territory to another country could not be implemented by a law made under Article 3 but would only be implemented by an amendment of the Constitution.

10. The Constitution (Tenth Amendment) Act, 1961—This Act amended Article 240 and the First
Schedule in order to include areas of Dadra and Nagar Haveli as a Union Territory and to provide for
its administration under the regulation making powers of President.

11. The Constitution (Eleventh Amendment) Act, 1961—The purpose of this amendment was to
amend Articles 66 and 71 of the Constitution to provide that the election of President or Vice
President could not be challenged on the ground of any vacancy in the appropriate electoral college.
12. The Constitution (Twelfth Amendment) Act, 1962—This amendment sought to include Goa,
Daman and Diu as a Union Territory and to amend Article 240 for the purpose.
13. The Constitution (Thirteenth Amendment) Act, 1962—By this amendment, a new Article 371A
was added to make special provisions with respect to state of Nagaland in pursuance of an agreement
between Government of India and Naga People’s Convention.
14. The Constitution (Fourteenth Amendment) Act, 1962—By this Act, Pondicherry was included
in the First Schedule as a Union Territory, and this Act has also enabled the creation of Legislature by
Parliamentary law for Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Pondicherry.
15. The Constitution (Fifteenth Amendment) Act, 1963—This amendment provided for increase in
the age of retirement of High Court Judges and for the provision of compensatory allowance to judges
who are transferred from one High Court to another. The Act also provided for appointment of retired
judges to act as judges of High Court. Article 226 was also enlarged to empower High Court to issue
direction, orders or writs to any Government authority, etc., if the cause of action for the exercise of
such power arose in the territories wherein the High Court exercise jurisdiction notwithstanding that
seat of such Government authority is not within those territories. The Act also provided for the
exercise of powers of Chairman of the Service Commissions, in their absence, by one of their
Members.
16. The Constitution (Sixteenth Amendment) Act, 1963—Article 19 was amended by this Act to
impose further restriction on the rights to freedom of speech and expression, to assemble peaceably
and without arms and to form associations in the interests of sovereignty and integrity of India. The
oath of affirmation to be subscribed by candidates seeking election to Parliament and State
Legislatures have been amended to include as one of the conditions that they will uphold the
sovereignty and integrity of India. The amendments are intended to promote national integration.
17. The Constitution (Seventeenth Amendment) Act, 1964—Article 31A was further amended to
prohibit the acquisition of land under personal cultivation unless the market value of the land is paid
as compensation and the definition of “estate” as contained in that Article had also been enlarged
with retrospective effect. The Ninth Schedule had also been amended to include 44 more Acts.
18. The Constitution (Eighteenth Amendment) Act, 1966—Article 3 was amended by this Act to
specify that the expression “State” will include a union territory also and to make it clear that the
power to form a new state under this Article includes a power to form a new state or union territory
by uniting a part of a state or a union territory to another state or union territory.
19. The Constitution (Nineteenth Amendment) Act, 1966—Article 324 was amended to effect a
consequential change as a result of the decision to abolish Election Tribunals and to hear election
petitions by High Courts.
20. The Constitution (Twentieth Amendment) Act, 1966—This amendment was necessitated by the
decision of the Supreme Courts in Chandramohan vs. State of Uttar Pradesh in which certain
appointments of District Judges in State of Uttar Pradesh were declared void by Supreme Court. A
new Article 233A was added and the appointments made by Governor were validated.
21. The Constitution (Twenty-first Amendment) Act, 1967—By this amendment, Sindhi Language
was included in the Eighth Schedule.
22. The Constitution (Twenty-second Amendment) Act, 1969—This act was enacted to facilitate the
formation of a new autonomous state of Meghalaya within state of Assam.
23. The Constitution (Twenty-third Amendment) Act, 1969—Article 334 was amended so as to
extend the safeguards in respect of reservation of seats in Parliament and State Legislatures for
Schedules Castes and Scheduled Tribes as well as for Anglo-Indians for a further period of ten years.
24. The Constitution (Twenty-fourth Amendment) Act, 1971—This amendment was passed in the
context of a situation that emerged with the verdict in Golaknath’s case by Supreme Court.
Accordingly, this Act amended Article 13 and Article 368 to remove all doubts regarding the power
of Parliament to amend the Constitution including the Fundamental Rights.
25. The Constitution (Twenty-fifth Amendment) Act, 1971—This amendment further amended
Article 31 in the wake of the Bank Nationalisation case. The word ‘amount’ was substituted in place
of ‘compensation’ in the light of the judicial interpretation of the word ‘compensation’ meaning
‘adequate compensation’.
26. The Constitution (Twenty-sixth Amendment) Act, 1971—By this amendment, the privy and
privileges of the former rulers of Indian states were abolished. This amendment was passed as a
result of Supreme Court decision in Madhav Rao’s case.
27. The Constitution (Twenty-seventh Amendment) Act, 1971—This amendment was passed to
provide for certain matters necessitated by the reorganisation of north-eastern states. A new Article
239B was inserted which enabled the promulgation of Ordinances by Administrators of certain union
territories.
28. The Constitution (Twenty-eighth Amendment) Act, 1972—The amendment was enacted to
abolish the special privileges of the members of Indian Civil Services in matters of leave, pension
and rights as regard to disciplinary matters.
29. The Constitution (Twenty-ninth Amendment) Act, 1972—The Ninth Schedule to the Constitution
was amended to include therein two Kerala Acts on land reforms.
30. The Constitution (Thirtieth Amendment) Act, 1972—The purpose of the amendment was to
amend Article 133 in order to do away with the valuation test of Rs 20,000 as fixed therein, and to
provide instead for an appeal to Supreme Court in Civil proceedings only on a certificate issued by
High Court that the case involves a substantial question of law of general importance and that in
opinion of High Court, the question needs to be decided by Supreme Court.
31. The Constitution (Thirty-first Amendment) Act, 1973—This Act, inter alia, raises the upper
limit for the representation of states in the Lok Sabha from 500 to 525 and reducing the upper limit for
the representation of union territories from 25 members to 20.
32. The Constitution (Thirty-second Amendment) Act, 1973—This Act provided the necessary
constitutional authority for giving effect to the provision of equal opportunities to different areas of
the State of Andhra Pradesh and for the constitution of an Administrative Tribunal with jurisdiction to
deal with grievances relating to public services. It also empowered Parliament to legislate for the
establishment of a Central University in the State.
33. The Constitution (Thirty-third Amendment) Act, 1974—By this amendment, Articles 101 and
190 were amended in order to streamline the procedure for resignation of Members of Parliament and
State Legislatures.
34. The Constitution (Thirty-fourth Amendment) Act, 1974—By this Act, twenty more land tenure
and land reforms laws enacted by various State Legislatures were included in the Ninth Schedule.
35. The Constitution (Thirty-fifth Amendment) Act, 1974—By this Act a new Article 2A was added
thereby conferring on Sikkim the status of an associate State of Indian Union. Consequent amendments
were made to Articles 80 and 81. A new schedule, i.e., Tenth Schedule, was added laying down terms
and conditions of association of Sikkim with the Union.
36. The Constitution (Thirty-sixth Amendment) Act, 1975—This was enacted to make Sikkim a
full-fledged State of Indian Union and to include it in the First Schedule to the Constitution and to
allot to Sikkim one seat each in the Council of States and in the House of the People. Article 2A and
the Tenth Schedule inserted by the Constitution (Thirty-fifth Amendment) Act were omitted and
Articles 80 and 81 were suitably amended.
37. The Constitution (Thirty-seventh Amendment) Act, 1975—By this Act, Union Territory of
Arunachal Pradesh was provided with a Legislative Assembly. Article 240 of the Constitution was
also amended to provide that as in the case of other union territories with Legislatures, the power of
President to make regulations for the Union Territory of Arunachal Pradesh may be exercised only
when the assembly is either dissolved or its functions remain suspended.
38. The Constitution (Thirty-eighth Amendment) Act, 1975—This Act amended Articles 123, 213
and 352 of the Constitution to provide that the satisfaction of President or Governor contained in
these Articles would be called in question in any court of law.
39. The Constitution (Thirty-ninth Amendment) Act, 1975—By this Act, disputes relating to the
election of President, Vice-President, Prime Minister and Speaker are to be determined by such
authority as may be determined by Parliamentary Law. Certain Central enactments were also included
in the Ninth Schedule by this Act.
40. The Constitution (Fortieth Amendment) Act, 1976—This act provided for vesting in the Union
of all mines, minerals and other things of value lying in the ocean within the territorial waters or the
continental shelf or the exclusive economic zone of India. It further provided that all other resources
of the exclusive economic zone of India shall also vest in the Union. This act also provided that the
limits of the territorial waters, the continental shelf, the exclusive economic zone and the maritime
zones of India shall be as specified from time to time by or under any law made by Parliament. Also
some more Acts were added to the Ninth Schedule.
41. The Constitution (Forty-first Amendment) Act, 1976—By this Act, Article 316 was amended to
raise the retirement age of Members of State Public Service Commissions and Joint Public Service
Commissions from 60 to 62 years.

42. The Constitution (Forty-second Amendment) Act, 1976—This act made a number of important amendments in the Constitution. These amendments were mainly for purpose of giving effect to the recommendations of Swaran Singh Committee.
Some of the important amendments made are for the purpose of spelling out expressly the high ideals of socialism, secularism and the integrity of the nation, to make the Directive Principles more comprehensive and giving them precedence over those Fundamental Rights which have been allowed to be relied upon to frustrate socio-economic reforms. The amendment Act also inserted a new chapter on the Fundamental Duties of citizens and made special provisions for dealing with antinational activities, whether by individuals or by associations. The judiciary provisions were also amended by providing for a requirement as to the minimum number of judges for determining question as to the constitutional validity of law and for a special majority of not less than two-third for declaring any law to be constitutionally invalid.
To reduce the mounting arrears in High Courts and to secure the speedy disposal of service matters, revenue matters and certain other matters of special importance in the context of socioeconomic development and progress, this amendment Act provided for the creation of Administrative and other tribunals for dealing with such matters while preserving the jurisdiction of the Supreme Court in regard to such matters under Article 136 of the Constitution. Certain modifications in the writ jurisdiction of High Courts under Article 226 were also made.

43. The Constitution (Forty-third Amendment) Act, 1977—This Act, inter alia, provided for the
restoration of the jurisdiction of the Supreme Court and High Courts, curtailed by the enactment of the
Constitution (Forty-second Amendment) Act, 1976 and accordingly Articles 32A, 131A, 144A, 226A
and 228A included in the Constitution by the said amendment, were omitted by this Act. The Act also
provided for the omission of Article 31 which conferred special powers on Parliament to enact
certain laws in respect of anti-national activities.
44. The Constitution (Forty-fourth Amendment) Act, 1978—The right to property which had been
the occasion for more than one amendment of Constitution was omitted as a Fundamental Right and it
was made only as a legal right. It was, however, ensured that the removal of the right to property from
the list of Fundamental Rights would not affect the right of minorities to establish and administer
educational institutions of their choice. Article 352 of the Constitution was amended to provide
“armed rebellion” as one of the circumstances for declaration of emergency. Internal disturbance not
amounting to armed rebellion would not be a ground for the issuance of a Proclamation. The right to
personal liberty as contained in Articles 21 and 22 is further strengthened by the provision that a law
for preventive detention cannot authorise, in any case, detention for a longer period than two months
unless an Advisory Board has reported that there is sufficient cause for such detention. The additional
safeguard has also been provided by the requirements that Chairman of an Advisory Board shall be a
serving Judge of the appropriate High Court and that the Board shall be constituted in accordance
with the recommendations of the Chief Justice of that High Court.
With a view to avoid delays, Articles 132 and 134 were amended and a new Article 134A was
inserted to provide that a High Court should consider the question of granting a certificate for appeal
to Supreme Court immediately after the delivery of the judgement, final order or sentence concerned
on the basis of an oral application by a party or, if the High Court deems it so to do, on its own. The
other amendments made by the Act are mainly for removing or correcting the distortions which came
into the Constitution by reason of the amendment initiated during the period of internal emergency.
45. The Constitution (Forty-fifth Amendment) Act, 1980—This was passed to extend safeguards in
respect of reservation of seats in Parliament and State Assemblies for Scheduled Castes, Scheduled
Tribes as well as for Anglo-Indians for a further period of ten years.
46. The Constitution (Forty-sixth Amendment) Act, 1982—Article 269 was amended so that the tax
levied on the consignment of goods in the course of inter-state or commerce shall be assigned to the
states. This Article was also amended to enable Parliament to formulate by law principle for
determining when a consignment of goods takes place in the course of inter-state trade or commerce.
A new entry 92B was also inserted in the Union List to enable the levy of tax on the consignment of
goods where such consignment takes place in the course of inter-state trade or commerce.
Clause (3) of Article 286 was amended to enable Parliament to specify, by law, restrictions and
conditions in regard to the system of levy rates and other incidence of tax on the transfer of goods
involved in the execution of a works contract, on the delivery of goods on hire-purchase or any
system of payment of instalments, etc.
Article 366 was also suitably amended to insert a definition of “tax on the sale or purchase of
goods” to include transfer for consideration of controlled commodities, transfer of property in goods
involved in the execution of a works contract, delivery of goods on hire-purchase or any system of
payment by instalments, etc.
47. The Constitution (Forty-seventh Amendment) Act, 1984—This amendment is intended to
provide for the inclusion of certain land Reforms Acts in the Ninth Schedule to the Constitution with a
view to obviating the scope of litigation hampering the implementation process of those Acts.
48. The Constitution (Forty-eighth Amendment) Act, 1984—The Proclamation issued by President
under Article 356 of the Constitution with respect to the State of Punjab cannot be continued in force
for more than one year unless the special conditions mentioned in clause (5) of the said Article are
satisfied. As it is felt that the continued force of the said Proclamation is necessary, therefore, the
present amendment had been effected so as to make the conditions mentioned in clause (5) of Article
356 inapplicable in the instant case.
49. The Constitution (Forty-ninth Amendment) Act, 1984—Tripura Government recommended that
the provisions of the Sixth Schedule to the Constitution may be made applicable to tribal areas of that
State. The amendment involved in this Act is intended to give a constitutional security to the
autonomous District Council functioning in the State.
50. The Constitution (Fiftieth Amendment) Act, 1984—By Article 33 of the constitution, Parliament
is empowered to enact laws determining to what extent any of the rights conferred by Part III of the
constitution shall, in their application to the members of the armed forces or the forces charged with
the maintenance of public order, be restricted or abrogated so as to ensure proper discharge of their
duties and maintenance of discipline among them.
It was proposed to amend Article 33 so as to bring within its ambit:
(i) the members of the Force charged with the protection of property belonging to or in the charge
or possession of the state; or
(ii) persons employed in any bureau or other organisation established by the state for purposes of
intelligence or counter-intelligence; or
(iii) persons employed in or in connection with the telecommunication systems set up for the
purposes of any Force, bureau or organisation.
Experience has revealed that the need for ensuring proper discharge of their duties and
maintenance of discipline among them is of paramount importance in the national interest.
51. The Constitution (Fifty-first Amendment) Act, 1984—Article 330 has been amended by this Act
for providing reservation of seats for Scheduled Tribes in Meghalaya, Nagaland, Arunachal Pradesh
and Mizoram in Parliament and Article 332 has been amended to provide similar reservation in the
Legislative Assemblies of Nagaland and Meghalaya to meet the aspirations of local tribal population.
52. The Constitution (Fifty-second Amendment) Act, 1985—It amends the Constitution to provide
that a Member of Parliament or a State Legislature who defects or is expelled from the party which
set him up as a candidate in the election or if an independent member of the House joins a political
party after expiry of six months from the date on which he takes seat in the House shall be
disqualified to remain a member of the House. The Act also makes suitable provisions with respect to
splits in and merger of political parties.
53. The Constitution (Fifty-third Amendment) Act, 1986—This has been enacted to give effect to
the Memorandum of Settlement of Mizoram which was signed by Government of India and Mizoram
Government with Mizoram National Front on 30th June 1986. For this purpose, a new Article 371G
has been inserted in the Constitution inter alia preventing application of any Act of Parliament in
Mizoram in respect of religious or social practices of Mizos, Mizos’ customary law and procedure,
administration of civil and criminal practice involving decisions according to Mizos’ customary law
and ownership and transfer of land unless a resolution is passed in the Legislative Assembly to that
effect. This, however, will not apply to any Central Act already in force in Mizoram before the
commencement of this amendment. The new Article also provides that the Legislative Assembly of
Mizoram shall consist of not less than 40 members.
54. The Constitution (Fifty-fourth Amendment) Act, 1986—This Act increases the salaries of
Supreme Court and High Court judges as follows :
Chief Justice of India ₹ 10,000 per month
Judges of Supreme Court ₹ 9,000 per month
Chief Justice of High Court ₹ 9,000 per month
Judges of High Court ₹ 8,000 per month
This Act amended Part ‘D’ of the Second Schedule to the Constitution to give effect to the above
increases in the salaries of judges and to make an enabling provision in Articles 125 and 221 to
provide for changes in the salaries of judges in future by Parliament by law.
55. The Constitution (Fifty-fifth Amendment) Act, 1986—This Act seeks to give effect to the
proposal of Government of India to confer statehood on the Union Territory of Arunachal Pradesh and
for this purpose, a new Article 371H has been inserted which, inter alia, confers, having regard to
the sensitive location of Arunachal Pradesh to vest special responsibility on Governor of the new
State of Arunachal Pradesh with respect to law and order in the State and in the discharge of his
functions, the Governor shall after consulting the Council of Ministers, exercise his individual
judgement, as to the action to be taken and this responsibility shall cease when President so directs.
The new Article also provides that the new Legislative Assembly of the new State of Arunachal
Pradesh, shall consist of not less than thirty members.
56. The Constitution (Fifty-sixth Amendment) Act, 1987—Government of India has proposed to
constitute the territories comprised in Goa District of the Union Territory of Goa, Daman and Diu as
the State of Goa and the territories comprised in Daman and Diu districts of that Union Territory as a
new Union Territory of Daman and Diu. In this context, it was proposed that the Legislative Assembly
of the new State of Goa shall consist of 40 members. The existing Legislative Assembly of the Union
Territory of Goa, Daman and Diu has 30 elected members and three nominated members. It was
intended to make this Assembly with the exclusion of two members representing Daman and Diu
districts the provisional Legislative Assembly for the new State of Goa until elections are held on the
expiry of the five year terms of the existing Assembly. It was, therefore, decided to provide that the
Legislative Assembly of the new State of Goa shall consist of not less than 30 members. The special
provision required to be made to give effect to this proposal is carried out by this amendment.
57. The Constitution (Fifty-seventh amendment) Act, 1987—The Constitution (Fifty-first
Amendment) Act, 1984 was enacted to provide for reservation of seats in the house of the people for
scheduled tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh and also for reservation
of seats for scheduled tribes in the legislative assemblies of Nagaland and Meghalaya by suitably
amending articles 330 and 332. Even though these states are predominantly tribal, the underlying
objective of the aforesaid act was to ensure that the members of scheduled tribes in these areas do not
fail to secure a minimal representation because of their inability to compete with the advanced
sections of the people. The Constitution (fifty-first amendment) Act, though formally enforced, could
not be fully implemented unless parallel action is taken to determine the seats which are to be
reserved for Scheduled tribes in these areas. The number of seats reserved for Schedule Castes and
Schedule Tribes in the Legislative Assembly of any State under article 332 of the constitution will
have to be determined having regard to the provisions of article 332 (3) of the Constitution. However,
in view of the historical background with respect to the areas comprised in north-eastern states, the
circumstances obtaining in these areas in the State of development of Scheduled Tribes and other
relevant considerations, it was considered necessary to provide for special arrangements with regard
to the reservation for Scheduled Tribes in these areas for a temporary period so as to facilitate easy
transition of these areas to the normal arrangements as envisaged in the Constitution. Article 332 of
the Constitution was further amended for making a temporary provision, until the re-adjustment of
seats on the basis of first census after the year 2000 under article 170 of the Constitution for these
states, for the determination of the number of seats reserved for Scheduled Tribes. This amendment
seeks to provide that if all the seats in the Legislative Assembly of such States in existence on the date
of coming into force of this constitution amendment act are held by the members of Scheduled Tribes,
all the seats except one shall be reserved for scheduled tribes and in any other case such number of
seats as bears to the total number of seats a proportion not less than the number of members belonging
to Scheduled Tribes in the existing assembly bears to the total number of seats in the existing
assembly. The Act achieves these objectives.
58. The Constitution (Fifty-eighth Amendment) Act, 1987—There has been general demand for the
publication of authoritative text of the Constitution in Hindi. It is imperative to have an authoritative
text of the Constitution for facilitating its use in the legal process. Any Hindi version of the
Constitution should not only conform to the Hindi translation published by the Constituent Assembly,
but should be in conformity, with the language style and terminology adopted in the authoritative texts
of Central Acts in Hindi. The Constitution has been amended to empower President of India to
publish under his authority the translation of the Constitution in Hindi signed by the Members of the
Constituent Assembly with such modification as may be necessary to bring it in conformity with the
language, style and terminology adopted in the authoritative texts of Central Acts in Hindi language.
President has also been authorised to publish the translation in Hindi of every amendment of the
Constitution made in English.
59. The Constitution (Fifty-ninth Amendment) Act, 1988—The Act amends Article 365 (5) of the
Constitution so as to facilitate the extension of a Presidential Proclamation issued under clause (1) of
Article 356 beyond a period of one year, if necessary upto a period of three years, as permissible
under clause (4) of Article 356 with respect to the State of Punjab because of the continued disturbed
situation there. The Act also amends Article 352 of the Constitution pertaining to the Proclamation of
Emergency in its application to the State of Punjab and includes internal disturbance as one of the
grounds for making a Proclamation in respect of the State of Punjab only. As a consequence of
amendment in Article 352, Articles 358 and 359 in relation to the State of Punjab will be operative
only for a period of two years from 30 March 1988, which is the date of commencement of the
amendment.
60. The Constitution (Sixtieth Amendment) Act, 1988—The Act amends clause (2) of Article 276
of the Constitution so as to increase the ceiling of taxes on professions, trades, callings and
employment from Rs 250 per annum to Rs 2,500 per annum. The upward revision of this tax will help
state governments in raising additional resources. The proviso to clause (2) has been omitted.
61. The Constitution (Sixty-first Amendment) Act, 1989—The Act provides for reducing voting age
from 21 to 18 years by amending Article 326 of the Constitution to provide to the unrepresented youth
of the country an opportunity to give vent to their feelings and help them become a part of political
process.
62. The Constitution (Sixty-second Amendment) Act, 1989—Article 334 of the Constitution lays
down that the provisions of the Constitution relating to the reservation of seats for the Scheduled
Castes and the Scheduled Tribes and the representation of the Anglo-Indian community by nomination
in the Lok Sabha and in the Legislative Assemblies of the States shall cease to have effect on the
expiry of a period of 40 years from the commencement of the Constitution. Although the Scheduled
Castes and the Scheduled Tribes have made considerable progress in the last 40 years, the reasons
which weighed with the Constituent Assembly in making provisions with regard to the aforesaid
reservation of seats and nomination of members, have not ceased to exist. The Act amends Article
334 of the Constitution to continue the reservation for the Scheduled Castes and the Scheduled Tribes
and the representation of the Anglo-Indians by nomination for a further period of 10 years.
63. The Constitution (Sixty-third Amendment) Act, 1989—The Constitution (Fifty-ninth
Amendment) Act, 1988 was enacted in March 1988 making certain changes in regard to making a
Proclamation of Emergency in Punjab and to the duration of President’s rule in State. On
reconsideration, the Government decided that the special powers in regard to the Proclamation of
Emergency in Punjab as envisaged in the said amendment is no longer required. Accordingly the
provision to clause (5) of Article 356 and Article 359A of the Constitution have been omitted.
64. The Constitution (Sixty-fourth Amendment) Act, 1990—This Act amends clauses (4) and (5) of
Article 356 of the Constitution with a view to facilitate the extension of the proclamation issued under
clause (1) of Article 356 of the Constitution on 11th May 1987 upto a total period of three years and
six months in relation to the State of Punjab.
65. The Constitution (Sixty-fifth Amendment) Act, 1990—Article 338 of the Constitution provides
for a Special Officer for the Scheduled Castes and Scheduled Tribes to investigate all matters relating
to the safeguards provided for the Scheduled Castes and Scheduled Tribes under the Constitution and
to report to the President on their working. The Article has been amended for the constitution of a
National Commission for Scheduled Castes and Scheduled Tribes consisting of a Chairperson, Vice
Chairperson and five other Members who shall be appointed by the President by warrant under his
hand and seal. The amended Article elaborates the duties of the said Commission and covers
measures that should be taken by the Union or any state for the effective implementation of the reports
presented by the Commission. It also provides that the Commission shall, while investigating any
matter or inquiring into any complaint have all the powers of a Civil Court trying a suit and the
reports of the said Commission shall be laid before Parliament and the Legislature of the states.
66. The Constitution (Sixty-sixth Amendment) Act, 1990—The Act protects 55 State Acts relating
to land reforms and ceiling on agricultural land holdings enacted by States of Andhra Pradesh, Bihar,
Gujarat, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa,
Rajasthan,Tamilnadu, Uttar Pradesh, West Bengal and administration of the Union Territory of
Puducherry, from challenge in courts, by including them in the Ninth Schedule to the Constitution.
67. The Constitution (Sixty-seventh Amendment) Act, 1990—The three year period in the case of
proclamation issued on 11th May 1987 with respect to the State of Punjab was extended to three years
and six months by the Constitution (Sixty-fourth Amendment) Act, 1990. This Act further amends
clause (4) of Article 356 so as to further extend the period upto a total period of four years.
68. The Constitution (Sixty-eighth Amendment) Act, 1991—The three year period in the case of
proclamation issued on 17th May 1987 with respect to the State of Punjab was earlier extended to
four years by the Constitution (sixty-seventh Amendment) Act, 1990. This Act further amends clause
(4) of Article 356 so as to further extend the period upto a total period of five years.
69. The Constitution (Sixty-ninth Amendment) Act, 1991—The Government of India appointed on
24th December 1987 a Committee to go into various issues connected with the administration of
Delhi and to recommend measures, inter alia, for the streamlining of the administrative set up. After
detailed inquiry and examination, it recommended that Delhi should continue to be a union territory
and may be provided with a Legislative Assembly and a Council of Ministers responsible to such
assembly with appropriate powers to deal with matters of concern to the common man. The
Committee also recommended that with a view to ensuring stability and permanence, arrangements
should be incorporated in the constitution to give the national capital a special status among the union
territories. This act has been passed to give effect to the above recommendations.
70. The Constitution (Seventieth Amendment) Act, 1992—While considering the (Seventy-fourth
Amendment) Bill, 1991 and the Government of National Capital Territory Bill, 1991 views were
expressed in both the Houses of Parliament in favour of including also the elected members of the
legislative assemblies of union territories in the electoral college for the election of the President
under Article 54 of the Constitution.
At present Article 54 relating to the election of the President provides for an electoral college
consisting of only the elected Members of Parliament as well as the legislative assemblies of the
states (not of union territories). Similarly, Article 55 providing for the manner of such election also
speaks of legislative assemblies of states.
Accordingly, an Explanation was inserted in Article 54 to provide that reference to ‘State’ in
Article 54 and 55 would include the National Capital Territory of Delhi and the Union Territory of
Puducherry for constituting the electoral college for election of the President. This would enable the
elected members of the Legislative Assembly created for the Union Territory of Puducherry under the
provisions of Article 239A and of the proposed Legislative Assembly of the National Capital
Territory of Delhi under Article 239AA to be included in the electoral college.
71. The Constitution (Seventy-first Amendment) Act, 1992—There have been demands for
inclusion of certain languages in the Eighth Schedule to the Constitution. This Act amends the Eighth
Schedule to the Constitution to include Konkani, Manipuri and Nepali languages in the Eighth
Schedule to the Constitution.
72. The Constitution (Seventy-second Amendment) Act, 1992—For restoring peace and harmony in
the areas of the State of Tripura where disturbed conditions prevailed, a Memorandum of Settlement
was signed by the Government of India with Tripura National Volunteers on 12 August 1988.
In order to implement the said Memorandum, Article 332 of the Constitution has been amended by
the Constitution (Seventy-second Amendment) Act, 1992 for making a temporary provision for the
determination of the number of seats reserved for the Scheduled Tribes in the State Assembly of
Tripura, until the re-adjustment of seats is made on the basis of the first Census after the year 2000
under Article 170 of the Constitution.
73. The Constitution (Seventy-third Amendment) Act, 1993—Article 40 of the Constitution which
enshrines one of the Directive Principles of State Policy lays down that 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.
In the light of the above, a new Part IX relating to the Panchayats has been inserted in the
Constitution to provide for among other things, Gram Sabha in a village or group of villages;
constitution of Panchayats at village and other level or levels; direct elections to all seats in
Panchayats at the village and intermediate level, if any and to the offices of Chairpersons of
Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in
proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats
at each level; reservation of not less than one-third of the seats for women; fixing tenure of five years
for Panchayats and holding elections within a period of six months in the event of supersession of any
Panchayat.
74. The Constitution (Seventy-fourth Amendment) Act, 1993—In many states local bodies have
become weak and ineffective on account of a variety of reasons, including the failure to hold regular
elections, prolonged supersession and inadequate devolutions of powers and functions. As a result,
Urban Local Bodies are not able to perform effectively as vibrant democratic units of selfgovernment.
Having regard to these inadequacies a new part IX-A relating to the Municipalities has been
incorporated in the Constitution to provide for among other things, constitution of three types of
Municipalities, i.e., Nagar Panchayats for areas in transition from a rural area to urban area,
Municipal Councils for smaller urban areas and Municipal Corporations for larger urban areas.
75. The Constitution (Seventy-fifth Amendment) Act, 1994—The operation of the Rent Control
Legislations, as are today in various states, suffers from major weaknesses and has led to various
unintended consequences. Some of the deleterious legal consequences include mounting and mending
litigation, inability of the courts to provide timely justice, evolution of practices and systems to
bypass the operations of rent legislations and steady shrinkage of rental housing market.
The Supreme Court taking note of the precarious state of rent litigation in the country in case of
Prabhakaran Nair and others vs. State of Tamilnadu (Civil Writ Petition 506 of 1986) and other writs
observed that the Supreme Court and the High Courts should be relieved of the heavy burden of rent
litigation. Tiers of appeals should be curtailed. Laws should be simple, rational and clear, litigations
must come to end quickly.
Therefore, this Act amends Article 323B in Part XIVA of the Constitution so as to give timely
relief to the rent litigants by providing for setting up of state-level Rent Tribunals in order to reduce
the tiers of appeals and to exclude the jurisdiction of all courts, except that of the Supreme Court,
under Article 136 of the Constitution.
76. The Constitution (Seventy-sixth Amendment) Act, 1994—The policy of reservation of seats in
educational institutions and reservation of appointments or posts in public services for Backward
Classes, Scheduled Castes and Scheduled Tribes has had a long history in Tamilnadu dating back to
the year 1921. The extent of reservation has been increased by the State Government from time to
time, consistent with the needs of the majority of the people and it has now reached the level of 69
per cent (18 per cent Scheduled Castes, one per cent Scheduled Tribes and 50 per cent Other
Backward Classes).
The Supreme Court in Indira Sawhney and others vs. Union of India and others (AIR, 1993 SC
477) on 16th November 1992 ruled that the total reservations under Article 16(4) should not exceed
50 per cent.
The Tamilnadu Government enacted a legislation, namely, Tamilnadu Backward Classes,
Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institution and of
appointments or posts in the Services under the State) Bill, 1993 and forwarded it to the Government
of India for consideration of the President of India in terms of Article 31-C of the Constitution. The
Government of India supported the provision of the State legislation by giving the President’s assent
to the Tamilnadu Bill. As a corollary to this decision, it was necessary that the Tamilnadu Act 45 of
1994 was brought within the purview of the Ninth Schedule to the Constitution so that it could get
protection under Article 31B of the Constitution with regard to the judicial review.

77. The Constitution (Seventy-seventh Amendment) Act, 1995—The Schedule Castes and the
scheduled tribes have been enjoying the facility of reservation in promotion since 1955. The Supreme
Court in its judgment dated 16th November 1992 in the case of Indira Sawhney and others vs. Union
of India and others, however, observed that reservation of appointments or posts under Article 16(4)
of the Constitution is confined to initial appointment and cannot extend to reservation in the matter of
promotion. This ruling of the Supreme Court will adversely affect the interests of the Scheduled
Castes and the Scheduled Tribes. Since the representation of the Scheduled Castes and the Scheduled
Tribes in services in the States have not reached the required level, it is necessary to continue the
existing dispensation of providing reservation in promotion in the case of the Scheduled Castes and
the Scheduled Tribes. In view of the commitment of the Government to protect the interests of the
Scheduled Castes and the Scheduled Tribes, the Government have decided to continue the existing
policy of reservation in promotion for the Scheduled Castes and the Scheduled Tribes. To carry out
this, it was necessary to amend Article 16 of the Constitution by inserting a new clause (4A) in the
said Article to provide for reservation in promotion for the Scheduled Castes and the Scheduled
Tribes.

78. The Constitution (Seventy-eighth Amendment) Act, 1995—Article 31B of the Constitution
confers on the enactments included in the Ninth Schedule to the Constitution immunity from legal
challenge on the ground that they violate the fundamental rights enshrined in Part III of the
Constitution. The Schedule consists of list of laws enacted by various State Governments and Central
Government which, inter alia, affect rights and interest in property including land.
In the past, whenever, it was found that progressive legislation conceived in the interest of the
public was imperilled by litigation, recourse was taken to the Ninth Schedule. Accordingly, several
State enactments relating to land reforms and ceiling on agricultural land holdings have already been
included in the Ninth Schedule. Since, the Government is committed to give importance to land
reforms, it was decided to include land reform laws in the Ninth Schedule so that they are not
challenged before the courts. The State Governments of Bihar, Karnataka, Kerala, Orissa, Rajasthan,
Tamilnadu and West Bengal had suggested the inclusion of some of their Acts relating to land reforms
in the Ninth Schedule.
Since the amendment to Acts which are already placed in the Ninth Schedule are not automatically
immunised from legal challenge, a number of amending Acts along with a few principal Acts have
been included in the Ninth Schedule so as to ensure that implementation of these Acts is not adversely
affected by litigation.
79. The Constitution (Seventy-ninth Amendment) Act, 1999—By this Act the Government has
extended the reservations of seats for the Scheduled Castes and the Scheduled Tribes as well as for
the Anglo-Indians in the House of the People and in the Legislative Assemblies of the States for
another ten years.

80. The Constitution (Eightieth Amendment) Act, 2000—Based on the recommendations of the
Tenth Finance Commission, an alternative scheme for sharing taxes between the Union and the States
has been enacted by the Constitution (Eightieth Amendment) Act, 2000. Under the new scheme of
devolution of revenue between Union and the States, 26 per cent out of gross proceeds of Union taxes
and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties,
special excise duties and grants in lieu of tax on railway passenger fares.

81. The Constitution (Eighty-first Amendment) Act, 2000—By this amendment the unfilled
vacancies of a year which were reserved for the Scheduled Castes and the Scheduled Tribes for
being filled up in that year in accordance with any provision for reservations made under Article 16
of the Constitution, shall be considered as a separate class of vacancies to be filled up in any
succeeding year or years, and such class of vacancies shall not be considered together with the
vacancies of the year in which they were filled up for determining the ceiling of fifty per cent
reservation against total number of vacancies of that year.
82. The Constitution (Eighty-second Amendment) Act, 2000—The amendment provides that nothing
in Article 335 shall prevent the State from making 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 affairs of the Union or of a State.

83. The Constitution (Eighty-third Amendment) Act, 2000—The Act amended Acticle 243M of the
Constitution to provide that no reservation in Panchayats need be made in favour of the Scheduled
Castes in Arunachal Pradesh wholly inhabited by tribal population.
84. The Constitution (Eighty-fourth Amendment) Act, 2001—The Act amended provisos to articles
82 and 170(3) of the Constitution to readjust and rationalise the territorial constitutencies in the
States, without altering the number of seats allotted to each State in House of People and Legislative
Assemblies of the States, including the Scheduled Castes and Scheduled Tribes constituencies, on the
basis of the population ascertained at the census for the year 1991 so as to remove the imbalance
caused due to uneven growth of population/electorate in different constituencies. It is also to refix the
number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the House of the
People and the Legislative Assemblies of the States on the basis of the population ascertained at the
census for the year 1991 so as to remove the imbalance caused due to uneven growth of
population/electorate in different constituencies. It is also to refix the number of seats reserved for
Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative
Assemblies of the States on the basis of the population ascertained at the census for the year 1991.
85. The Constitution (Eighty-fifth Amendment) Act, 2001—This Act amended article 16(4A) of the
Constitution to provide for consequential seniority in the case of promotion by virtue of rule of
reservation for the Government servants belonging to the Scheduled Castes and the Scheduled Tribes.
It also provides retrospective effect from 17th day of June 1995.
86. The Constitution (Eighty-sixth Amendment) Act, 2002—The Act deals with insertion of a new
article 21A after article 21. The new article 21A deals with Right to Education—“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”.
Substitution of new Article for Article 45. For Article 45 of the Constitution, the following article
shall be substituted, namely, Provision for early childhood care and education to children below the
age of six years. Article 45: “The State shall endeavour to provide early childhood care and
education for all children until they complete the age of six years.”
Article 51A of the Constitution was amended and a new clause (k) was added after clause (j),
namely, “(k) who is a parent or guardian to provide opportunities for education to his child or, as the
case may be, ward between the age of six and fourteen years.”
87. The Constitution (Eighty-seventh Amendment) Act, 2003 – In Article 81 of the Constitution, in
clause (3), in the proviso, in clause (ii), for the figures “1991”, the figures “2001” shall be
substituted.
In Article 82 of the Constitution, in the third proviso, in clause (ii), for the figures “1991”, the
figures “2001” shall be substituted.
In Article 170 of the Constitution, – (i) in clause (2), in the Explanation, in the proviso, for the
figures “1991”, the figures “2001” shall be substituted; (ii) in clause (3), in the Explanation, in the
third proviso, for the figures “1991”, the figures “2001” shall be substituted.
In Article 330 of the Constitution, in the Explanation, in the proviso, for the figures “1991”, the
figures “2001” shall be substituted.
88. The Constitution (Eighty-eighth Amendment) Act, 2003 – It shall come into force on such date
as the Central Government may, by notification in the Official Gazette, appoint.
After Article 268 of the Constitution, the following article shall be inserted, namely :
“268A. (1) Taxes on services shall be levied by the Government of India and such tax shall be
collected and appropriated by the Government of India and the States in the manner provided in
clause (2).
(2) The proceeds in any financial year of any such tax levied in accordance with the provisions of
clause (1) shall be – (a) collected by the Government of India and the States; (b) appropriated by the
Government of India and the States, in accordance with such principles of collection and
appropriation as may be formulated by Parliament by law”.
In Article 270 of the constitution, in clause(1), for the words and figures “Article 268 and 269”,
the words, figures and letter “Articles 268, 268A and 269” shall be substituted.
In the Seventh Schedule to the Constitution, in List I-Union List, after entry 9.2B, the following
entry shall be inserted, namely : “92C. Taxes on services”.
89. The Constitution (Eighty-ninth Amendment) Act, 2003-It shall come into force on such date as
the Central Government may, by notification in the Official Gazette, appoint.
In Article 338 of the Constitution, – (a) for the marginal heading, the following marginal heading
shall be substituted, namely :
“National Commission for : Scheduled Castes”; India_2018_Google: E published on Google
(b) for clauses (1) and (2), the following clauses shall be substituted, namely:
“(1) There shall be a Commission for the Scheduled Castes to be known as the National
Commission for the Scheduled Castes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall
consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service
and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be
such as the President may by rule determine”;
(c) in clauses (5), (9) and (10), the words “and Scheduled Tribes”, wherever they occur, shall be
omitted.
After Article 338 of the Constitution, the following article shall be inserted, namely:
“338A. (1) There shall be a Commission for the Scheduled Tribes to be known as the National
Commission for the Scheduled Tribes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall
consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service
and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be
such as the President may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be
appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission – (a) to investigate and monitor all matters relating to
the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for
the time being in force or under any order of the Government and to evaluate the working of such
safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and
safeguards of the Scheduled Tribes; (c) to participate and advise on the planning process of socioeconomic
development of the Scheduled Tribes and to evaluate the progress of their development
under the Union and any State; (d) to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports
recommendations as to the measures that should be taken by the Union or any State for the effective
implementation of those safeguards and other measures for the protection, welfare and socioeconomic
development of the Scheduled Tribes; and (f) to discharge such other functions in relation
to the protection, welfare and development and advancement of the Scheduled Tribes as the President
may, subject to the provisions of any law made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each House of Parliament along
with a memorandum explaining the action taken or proposed to be taken on the recommendations
relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with which any State
Government is concerned, a copy of such report shall be forwarded to the Governor of the State who
shall cause it to be laid before the Legislature of the State along with a memorandum explaining the
action taken or proposed to be taken on the recommendations relating to the State and reasons for the
non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-clause(a) or
inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil
court trying a suit and in particular in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person from any part of India and examining
him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on
affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing
commissions for the examination of witnesses and documents; (f) any other matter which the President
may, by rule, determine.
(9) The Union and every State Government shall consult the Commission on all major policy
matters affecting Scheduled Tribes”.
90. The Constitution (Ninetieth Amendment) Act, 2003-In Article 332 of the Consitution, in clause
(6), the following proviso shall be inserted, namely :
“Provided that for elections to the Legislative Assembly of the State of Assam, the representation
of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland
Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland
Territorial Areas District, shall be maintained”.
91. The Constitution (Ninety-first Amendment), Act, 2003 – In Article 75 of the Constitution, after
clause (1), the following clauses shall be inserted, namely :
“(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers
shall not exceed fifteen per cent of the total number of members of the House of the People.
(1B) A member of either House of Parliament belonging to any political party who is disqualified
for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified
to be appointed as a Minister under clause (1) 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
where he contests any election to either House of Parliament before the expiry of such period, till the
date on which he is declared elected, whichever is earlier”
In Article 164 of the Constitution, after clause (i), the following clauses shall be inserted, namely:
“(1A) the total number of Ministers, including the Chief Minister, in the Council of Ministers in a
State sall not exceed fifteen per cent of the total number of members of the Legislative Assembly of
that State :
Provided that the number of Ministers, including the Chief Minister, in a State shall not be less
than twelve:
Provided further that where the total number of Ministers, including the Chief Minister, in the
Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment)
Act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case
may be, then, the total number of Ministers in that State shall be brought in conformity with the
provisions of this clause within six months from such date as the President may by public notification
appoint.
(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State
having Legislative Council beloging to any poitical party who is disqualified for being a member of
that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a
Minister under clause (1) 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 where he contests any
election to the Legislative Assembly of a State or either House of the Legislature of a State having
Legislative Council, as the case may be, before the expiry of such period, till the date on which he is
declared elected, whichever is earlier”
After Article 361A of the Constitution, the following article shall be inserted, namely :
316B. 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,—
(a) the expression “House” has the meaning assigned to it in clause (a) of paragraph 1 of the
Tenth Schedule :
(b) the expression “remunerative political post” means any office—(i) under the Government of
India or the Government of a State where the salary or remuneration for such office is paid out of the
public revenue of the Government of India or the Government of the State, as the case may be, or (ii)
under a body, whether incorporated or not, which is wholly or partially owned by the Government of
India or the Government of a State and the salary or remuneration for such office is paid by such
body, except where such salary or remuneration paid is compensatory in nature’.
In the Tenth Schedule to the Constitution,—(a) in paragraph, 1, in clause (b), the words and figure
“paragraph 3 or, as the case may be,” shall be omitted; (b) in paragraph 2, in sub-paragraph (1), for
the words and figures “paragraphs 3, 4 and 5”, the words and figures “paragraphs 4 and 5” shall be
substituted; (c) paragraph 3 shall be omitted.
92. The Constitution (Ninety-second Amendment) Act, 2003—In the Eighth Schedule to the
Constitution,—(a) existing entry 3 shall be re-numbered as entry 5, and before entry 5 as so
renumbered, the following entries shall be inserted, namely:
“3. Bodo;
4. Dogri”.
(b) existing 4 to 7 shall respectively be re-numbered as entries 6 to 9; (c) existing entry 8 shall be
re-numbered as entry 11 and before entry 11 as so renumbered, the following entry shall be inserted,
namely:
“10. Maithili”.
(d) existing entries 9 to 14 shall respectively be re-numbered as entries 12 to 17;
(e) existing entry 15 shall be re-numbered as entry 19 and before entry 19 as so re-numbered, the
following entry shall be inserted, namely :
“18. Santhali”.
(f) existing entries 16 to 18 shall respectively be re-numbered as entries 20 to 22.
93. The Constitution (Ninety-third amendment) Act, 2006—Greater access to higher education
including professional education, is of great importance to a large number of students belonging to the
Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of
citizens. The reservation of seats for the Scheduled Castes, the Scheduled Tribes and the Other
Backward Classes of citizens in admission to educational institution is derived from the provisions of
clause (4) of articles 15 of the constitution. At present, the number of seats available in aided or State
maintained institutions, particularly in respect of professional education, is limited, in comparison to
those in private unaided institutions.
Clause (i) of article 30 of the Constitution provides the right to all minorities to establish and
administer educational institutions of their choice. It is essential that the rights available to minorities
are protected in regard to institutions established and administered by them. Accordingly, institutions
declared by the State to be minority institutions under clause (1) of article 30 are excluded from the
operation of this enactment.
To promote the educational advancement of the socially and educationally backward classes of
citizens, i.e., the Other Backward Classes or of the Scheduled Castes and the Scheduled Tribes in
matters of admission of students belonging to these categories in unaided educational institutions,
other than the minority educational institutions referred to in clause (1) of article 30, the provisions of
article 15 were amplified. The new clause (5) of said article 15 shall enable the Parliament as well
as the State Legislatures to make appropriate laws for the above mentioned purpose.
94. The Constitution (Ninety-fourth amendment) Act, 2006—In Article 164 of the Constitution, in
Clause (I), in the proviso, for the word “Bihar”, the words “Chhattisgarh, Jharkhand” shall be
substituted.
95. The Constitution (Ninety-fifth amendment) Act, 2009—In Article 334, Extended the reservation
of the seats for SCs and STs in the Lok Sabha and State Assemblies from Sixty Years to Seventy
Years.
96. The Constitution (Ninety-Sixth Amendment) Act, 2011—In Schedule 8 of the Constitution, Substituted “Odia” for “Oriya”.

97. The Constitutions (Ninety-Seventh Amendment) Act, 2011—Added the words “Or Co-operative Societies” after the world “Or Unions” in Article 19(i)(c) and insertion of article 43B, i.e., Promotion of Co-operative Societies and added Part 1×8, i.e. The Co-operative Societies.

98. The Constitution (Ninety-Eighth Amendment) Act, 2012—Inserted Article 371J in the
constitution. The objective was to empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka region.

99. The Constitution (Ninety-Ninth Amendment) Act, 2014-Inserted new articles-124 A, 124B and 124C after article 124 of the constitution. The Act also provided for the composition and the functions of the proposed National Judicial Appointments Commission.

100. The Constitution (One Hundredth Amendment) Act, 2015—amended the First Schedule of the Constitution, for the purpose of giving effect to the acquiring of territories by India and transfer of territories to Bangladesh through retaining of adverse possession and exchange of enclaves, in pursuance of the Agreement between India and Bangladesh concerning the demarcation of the land boundary, signed on 16th May 1974 and its Protocal, signed on 6th September, 2011.

101. The Constitution (One Hundred and First Amendment) Act, 2016—The act amends the constitution to introduce “The Goods and Services Tax (GST)”. It amended the articles 248, 249, 250, 268, 269, 270, 271, 286, 366 & 368. Amended the Sixth & Seventh Schedules. Omitted article 268A. Inserted new articles 246A (Special provision with respect to goods and services tax), 269A (Levy and collection of goods and services tax in course of inter-State trade or commerce) and 279A (Goods and Services Tax Council). The act also provided for compensation to States for loss of revenue on account of introduction of goods and services tax.

India and Indian Constitution is not Federal

“India that is Bharat shall be Union of States”

1) Power of the Union Parliament, under Article 3, to alter the names, areas and boundaries of the existing States;

2) Provision for single citizenship under Article 9;

3) Position of the Governor, as an agent of the Central Government;

4) Discretion vested with the Governor under Article 174 and Article 200;

5) Power of the Parliament to make laws on subjects mentioned in the State List under Articles 249, 250 and 253;

6) The rule of repugnancy operating in favour of the Central Law under Article 254;

7) Powers of the central Government, in respect of emergency, under Articles 352 to 360.

Again 

Single Citizenship:

A Strong Centre:

Single Constitution for Union and States:

Centre Can Change Name and Boundaries of States:

Single Unified Judiciary:

Unitary in Emergencies:

Common All-India Services:

Inequality of Representation in the Council of States:

Appointment of Governor by President:

Appointment of the High Court Judges by the President:

The Office of the Comptroller and Auditor-General:

Centralized Electoral Machinery:

Flexible Constitution:

Special Powers of Council of State over State List:

Control over State Laws:

Financial Dependence of States:

Considering the above-stated provisions, Dr. K.C. Wheare has coined the expression “quasifederal’ for Indian Constitution. In the opinion of Dr. Ivor Jennings, it is a unitary’ “Constitution with subsidiary’ federal features.” Prof. Alexandro Wicz holds it “a unitary’ Constitution with vertically divided sovereignty.”

Calling India as federal is emotional rather than legal .

The power of President under Article 123 of the Constitution and the Governor under Article 213 is legislative in character and is conditional in nature

SUPREME COURT in Krishna Kumar Singh & Anr. v. State of Bihar & Ors. [Civil Appeal No.5875 of 1994], a seven-judge Bench examined the power of the Executive to make law through ordinance, and inter alia held per majority, that the power conferred upon the President under Article 123 of the Constitution and the Governor under Article 213 is legislative in character and “is conditional in nature” as “it can be exercised only when the legislature is not in session and subject to the satisfaction of the President or, as the case may be, of the Governor that circumstances exist which render it necessary to take immediate action.”

also held “an Ordinance which is promulgated under Article 123 or
Article 213 has the same force and effect as a law enacted by the legislature but it
must (i) be laid before the legislature; and (ii) it will cease to operate six weeks after
the legislature has reassembled or, even earlier if a resolution disapproving it is
passed. Moreover, an Ordinance may also be withdrawn”. It was clarified that “the
Ordinance making power does not constitute the President or the Governor into a
parallel source of law making or an independent legislative authority” and that
“consistent with the principle of legislative supremacy, the power to promulgate
ordinances is subject to legislative control.”

further held that “the requirement of laying an Ordinance before
Parliament or the state legislature is a mandatory constitutional obligation cast upon
the government. Laying of the ordinance before the legislature is mandatory
because the legislature has to determine: (a) The need for, validity of and
expediency to promulgate an ordinance; (b) Whether the Ordinance ought to be
approved or disapproved; (c) Whether an Act incorporating the provisions of the
ordinance should be enacted (with or without amendments)”. “The failure to comply
with the requirement of laying an ordinance before the legislature is a serious
constitutional infraction and abuse of the constitutional process”. It was held that “repromulgation of ordinances is a fraud on the Constitution and a sub-version of
democratic legislative processes”.

The Constitution of Nepal-[Preamble]

nepal

Date of Publication in Nepal Gazette 20 September 2015 (2072.6.3)

Preamble:

We, the Sovereign People of Nepal,

Internalizing the people’s sovereign right and right to autonomy and self-rule, while maintaining freedom, sovereignty, territorial integrity, national unity, independence and dignity of Nepal,

Recalling the glorious history of historic people’s movements, armed conflict, dedication and sacrifice undertaken by the Nepalese people at times for the interest of the nation, democracy and progressive changes, and respecting for the martyrs and disappeared and victim citizens,

Ending all forms of discrimination and oppression created by the feudalistic, autocratic, centralized, unitary system of governance,

Protecting and promoting social and cultural solidarity, tolerance and harmony, and unity in diversity by recognizing the multiethnic, multi-lingual, multi-religious, multi-cultural and diverse regional characteristics, resolving to build an egalitarian society founded on the proportional inclusive and participatory principles in order to ensure economic equality, prosperity and social justice, by eliminating discrimination based on class, caste, region, language, religion and gender and all forms of caste-based untouchability, and

Being committed to socialism based on democratic norms and values including the people’s competitive multiparty democratic system of governance, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, full freedom of the  press, and independent, impartial and competent judiciary and concept of the rule of law, and build a prosperous nation, Do hereby pass and promulgate this Constitution, through the Constituent Assembly, in order to fulfil the aspirations for sustainable peace, good governance, development and prosperity through the federal, democratic, republican system of governance.

The Constitution Of India 1949

INDIAN CONSTITUTION

THE CONSTITUTION OF INDIA 1949

Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION

PART I

THE UNION AND ITS TERRITORY

1. Name and territory of the Union

(1) India, that is Bharat, shall be a Union of States
(2) The States and the territories thereof shall be as specified in the First Schedule
(3) The territory of India shall comprise-

(a)The territories of the States;

(b) the Union territories specified in the First Schedule; and

(c)such other territories as may be acquired

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 Rep by the Constitution Thirty six Amendment Act, 1975 , Section 5 (w e f 26 04 1975 )

3. Formation of new States and alteration of areas, boundaries or names of existing States:

Parliament may by law
(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State;

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.

Explanation I : In this article, in clauses (a) to (e), State includes a Union territory, but in the proviso, State does not include a Union territory

Explanation II : The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory

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.

(1) Any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368


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
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years preceding such commencement, shall be a citizen of India
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
(a) he or either of his parents or any of his grand parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
(b)
(i) in the case where such person has so migrated before the nineteenth day of July, 1948 , he has been ordinarily resident in the territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948 , he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India or at least six months immediately preceding the date of his application
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 India 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. Person 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

General
12. 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 India
13. Laws inconsistent with or in derogation of the fundamental rights
(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void
(3) In this article, unless the context otherwise requires law includes any Ordinance, order, bye law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force includes laws passed or made by Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas
(4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368 Right of Equality
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 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes
16. Equality of opportunity in matters of public employment
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination
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 No title, not being a military or academic distinction, shall be conferred by the State No citizen of India shall accept any title from any foreign State No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State Right to Freedom
19. Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practise any profession, or to carry on any occupation, trade or business
(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
(3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub clause
(4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub clause
(5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe
(6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub clause, and, in particular, nothing in the said sub clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,
(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise
20. Protection in respect of conviction for offences
(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence
(2) No person shall be prosecuted and punished for the same offence more than once
(3) No person accused of any offence shall be compelled to be a witness against himself
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
22. Protection against arrest and detention in certain cases
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate
(3) Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention
(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order
(6) Nothing in clause ( 5 ) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose
(7) Parliament may by law prescribe
(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub clause (a) of clause ( 4 );
(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under sub clause (a) of clause ( 4 ) Right against Exploitation
23. Prohibition of traffic in human beings and forced labour
(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law
(2) Nothing in this article shall prevent the State from imposing compulsory service for public purpose, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them
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 Provided that nothing in this sub clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub clause (b) of clause ( 7 ); or such person is detained in accordance with the provisions of any law made by Parliament under sub clauses (a) and (b) of clause ( 7 )
25. Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly
26. Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law
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 religions denomination
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions
(1) No religion instruction shall be provided in any educational institution wholly maintained out of State funds
(2) Nothing in clause ( 1 ) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution
(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto Cultural and Educational Rights
29. Protection of interests of minorities
(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same
(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them
30. Right of minorities to establish and administer educational institutions
(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice
(1A) 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 ), 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) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language
31A. Saving of laws providing for acquisition of estates, etc ( 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: 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
31B. Validation of certain Acts and Regulations Without prejudice to the generality of the provisions contained in Article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions 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
31C. Saving of laws giving effect to certain directive principles 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 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 Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part
(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution
33. Power of Parliament to modify the rights conferred by this Part in their application etc Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or
(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them
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,
(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws
(i) with respect to any of the matters which under clause ( 3 ) of Article 16, clause ( 3 ) of Article 32, Article 33 and Article 34 may be provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub clause (ii);
(b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub clause (i) of clause (a) or providing for punishment for any act referred to in sub clause (ii) of that clause shall, subject to the terms there of and to any adaptations and modifications that may be made therein under Article 372, continue in force until altered or repealed or amended by Parliament Explanation In this article, the expression law in force has the same meaning as in Article 372


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) 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
(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations
39. Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing
(a) that the citizens, men and women equally, have the right to an adequate means to livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment
39. A Equal justice and free legal aid 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 organize 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
43. A Participation of workers in management of industries 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
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 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
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 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 interests, declared by or under law made by Parliament 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
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and encourage settlement of international disputes by arbitration


PART IVA

FUNDAMENTAL DUTIES

51A. Fundamental duties It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement


PART V

THE UNION CHAPTER

I THE EXECUTIVE

The President and Vice President

52. The President of India There shall be a President of India
53. Executive power of the Union
(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution
(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law
(3) Nothing in this article shall
(a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other than the President

54. Election of President The President shall be elected by the members of an electoral college consisting of the elected members of both Houses of Parliament; and the elected members of the Legislative Assemblies of the States
55. Manner of election of President
(1) As far as practicable, there shall be uniformity in the scale of representation of the d different States at the election of the President
(2) For the purpose of securing such uniformity among the States inter se as well as parity b between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:
(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly;
(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub clause (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one half being counted as one and other fractions being disregarded
(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot Explanation n this article, the expression population means the population ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census
56. Term of office of President
(1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that
(a) the President may, by writing under his hand addressed to the Vice President, resign his office;
(b) the President may, for violation of the constitution, be removed from office by impeachment in the manner provided in Article 61:
(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office
(2) Any resignation addressed to the Vice President under clause (a) of the proviso to clause ( 1 ) shall forthwith be communicated by him to the Speaker of the House of the People
57. Eligibility for re election A person who holds, or who has held, 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
(1) No person shall be eligible for election as President unless he
(a) is a citizen of India,
(b) has completed the age of thirty five years, and
(c) is qualified for election as a member of the House of the People
(2) A person shall not be eligible for election as President if he holds any office of profit under the or the Government of any State or under any local or other authority subject to the control of any of the said Governments Explanation For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice President of the Union or the Governor of any State or is a Minister either for the Union or for any State
59. Conditions of Presidents office
(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President
(2) The President shall not hold any other office of profit
(3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule
(4) The emoluments and allowances of the President shall ot be diminished during his term of 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 senior most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say swear in the name of God I, A B, do that I olemnly affirm will faithfully execute the office of President (or discharge the functions of thePresident) of India and will do the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well being of the people of India
61. Procedure for impeachment of the President
(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament
(2) No such charge shall be preferred unless
(a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days notice in writing signed by not less than one fourth of the total number of members of the House has been given of their intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than two thirds of the total membership of the House
(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented as such investigation
(4) If as a result of the investigation a resolution is passed by a majority of not less than two thirds of the total membership of the House by which the charge was investigated or cause to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed
62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy
(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term
(2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office

63. The Vice President of India

There shall be a Vice President of India

64. The Vice President to be ex officio Chairman of the council of States The Vice President shall be ex officio chairman of the counsel 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
(1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office
(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice President shall discharge his functions until the date on which the President resumes his duties
(3) The Vice President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule
66. Election of Vice President
(1) The Vice President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot
(2) The Vice President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice President
(3) No person shall be eligible for election as Vice President unless he
(a) is a citizen of India;
(b) has completed the age of thirty five years;
(c) is qualified for election as a member of the Council of States
(4) A person shall not be eligible for election as Vice President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments Explanation For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice President of the Union or the Governor of any State or is a Minister either for the Union or for any State
67. Term of office of Vice President The Vice President shall hold office for a term of five years from the date on which he enters upon his office: Provided that
(a) a Vice President may, by writing under his hand addressed to the President, resign his office;
(b) a Vice President may be removed from his office by a resolution of the council of States passed by a majority of all the then members of the council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days notice has been given of the intention to move the reso
(c) a Vice President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office
68. Time of holding election to fill vacancy in the office of Vice President and the term of office of person elected to fill casual vacancy
(1) An election to fill a vacancy caused by the expiration of the term of office of Vice President shall be completed before the expiration of the term
(2) An election to fill a vacancy in the office of Vice President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of Article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office
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 swear in the name of God I, A B, do that solemnly affirm will bear true faith, and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter
70. Discharge of Presidents functions in other contingencies Parliament may make such provision as if thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter
71. Matters relating to, or connected with, the election of a president or Vice President
(1) All doubts and disputes arising out of or in connection with the election of a president or vice President shall be inquired into and decided by the Supreme court whose decision shall be final
(2) If the election of a person as President or Vice President is declared void by the Supreme court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration
(3) Subject to the provisions of this constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice President
(4) The election of a person as President or Vice President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him
72. Power of President to grant pardons, etc, and to suspend, remit or commute sentences in certain cases
(1) The President shall have the 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
(a) in all cases where the punishment or sentence is by a court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death
(2) Noting in sub clause (a) of Clause ( 1 ) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force
73. Extent of executive power of the Union
(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend
(a) to the matters with respect to which Parliament has power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the government of India by virtue of any treaty on agreement: Provided that the executive power referred to in sub clause (a) shall not, save as expressly provided in this constitution or in any law made by Parliament, extend in any State to matters with respect in which the Legislature of the State has also power to make laws
(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution Council of Ministers

74. Council of Ministers to aid and advise President

(1) There shall 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: 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
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court
75. Other provisions as to Ministers
(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister
(2) The Minister shall hold office during the pleasure of the President
(3) The Council of Ministers shall be collectively responsible to the House of the People
(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule
(5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister
(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule The Attorney General for India

76. Attorney General for India
(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney General for India
(2) it shall be the duty of the Attorney General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force
(3) In the performance of his duties the Attorney General shall have right of audience in all courts in the territory of India
(4) The Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine Conduct of Government Business

77. Conduct of business of the Government of India
(1) All executive action of the Government of India shall be expressed to be taken in the name of the President
(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall nor be called in question on the ground that it is not an order or instrument made or executed by the President
(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business
78. Duties of Prime Minister as respects the furnishing of information to the President, etc It shall be the duty of the Prime Minister
(a) to communicate to the President all decisions of the council of Ministers relating to the administration of the affairs of the union and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and
(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council

CHAPTER II PARLIAMENT

General
79. Constitution of Parliament There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the council of States and the House of the People
80. Composition of the Council of States
(1) The Council of States shall consist of
(a) twelve members to be nominated by the President in accordance with the provisions of clause ( 3 ); and
(b) not more than two hundred and thirty eight representatives of the States and of the Union territories
(2) The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the fourth Schedule
(3) The members to be nominated by the President under sub clause (a) of clause ( 1 ) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art and social service
(4) The representatives of each State in the council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote
(5) The representatives of the Union Territories in the council of States shall be chosen in such manner as Parliament may by law prescribe
81. Composition of the House of the People
(1) Subject to the provisions of Article 331 the House of the People shall consist of
(a) not more than five hundred and thirty members chosen by direct election from territorial constituencies in the States, and
(b) not more than twenty members to represent the Union territories, chosen in such manner as parliament may by law provide
(2) For the purposes of sub clause (a) of clause ( 1 ) (a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and
(b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and th number of seats allotted to it is, so far as practicable, the same throughout the State: Provided that the provisions of sub clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions
(3) In this article, the expression population means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census
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 2000 have been published, it shall not be necessary to readjust the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies under this article
83. Duration of Houses of Parliament
(1) The council of States shall not be subject to dissolution, but as nearly as possible one third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law
(2) The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year as a time and not extending in any case beyond a period of six months after s the Proclamation has ceased to operate
84. Qualification for membership of Parliament A person shall not be qualified to be chosen to fill a seat in Parliament unless he
(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
(b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament
85. Sessions of Parliament, prorogation and dissolution
(1) The President shall form time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session
(2) The President may from time to time
(a) prorogue the Houses or either House;
(b) dissolve the House of the People
86. Right of President to address and send messages to Houses
(1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members
(2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration
87. Special address by the President
(1) At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons
(2) Provision shall be made by rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address
88. Rights of Ministers and Attorney General in respects Houses Every Minister and the Attorney General of India shall have the right to speak in, and otherwise to take part in the proceedings of either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote Officers of Parliament
89. The Chairman and Deputy Chairman of the council of States
(1) The Vice President of India shall be ex officio Chairman of the Council of States
(2) The council of States shall, as soon as may be, choose a member of the council to be Deputy an thereof and, so often as the office of Deputy Chairman becomes vacant, the council shall choose another member to be Deputy chairman thereof
90. Vacation and resignation of, and removal from, the office of Deputy Chairman A member holding office as Deputy chairman of the Council of States
(a) shall vacate his office if he cease to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution
91. Power of the Deputy chairman or other person to perform the duties of the office of, or to act as, Chairman
(1) While the office of Chairman is vacant, or during any period when the vice President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy chairman, or, if the office of Deputy chairman is also vacant, by such member of the council of States as the President may appoint for the purpose
(2) During the absence of the chairman from any sitting of the council of States the Deputy chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the council, or, if no such person is present, such other person as may be determined by the council, shall act as Chairman
92. The Chairman or the Deputy chairman not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the Council of States, while any resolution for the removal of the Vice President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause ( 2 ) of Article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the chairman, or, as the case may be, the Deputy Chairman, is absent
(2) The Chairman shall have the right to speak in, and otherwise to take part in proceedings of, the Council of States while any resolution for the removal of the Vice President from his office is under consideration in the Council, but, notwithstanding anything in Article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings
93. The Speaker and Deputy Speaker of the House of the People The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker A member holding office as Speaker or Deputy Speaker of the House of the People
(a) shall vacate his office if he ceases to be a member of the House of the People;
(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution: Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose
(2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause ( 2 ) of Article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in Article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker There shall be paid to the Chairman and the Deputy Chairman of the council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule

98. Secretariat of Parliament

(1) Each House of Parliament shall have a separate secretariat staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament
(2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament
(3) Until provision is made by Parliament under clause ( 2 ), the President may, after consultation with the Speaker of the House of the People or the chairman of the council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause Conduct of Business
99. Oath or affirmation by members Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
(1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes
(2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings
(3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one tenth of the total number of members of the House
(4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum
101. Vacation of seats
(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other
(2) No person shall be a member both of Parliament and of a House of the Legislature of a State and if a person is chosen a member both of Parliament and of a House of the Legislature of a State, then, at the expiration of such period as may be specified in rules made by the President, that persons seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State
(3) If a member of either House of Parliament
(a) becomes subject to any of the disqualification s mentioned in clause ( 1 ) or clause ( 2 ) of Article 102, or
(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the as may be, and his resignation is accepted by the chairman or the Speaker, as the case may be, his seat shall thereupon become vacant: Provided that in the case of any resignation referred to in sub clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation
(4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days
102. Disqualification s for membership
(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament
(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament Explanation For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State
(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule
103. Decision on questions as to disqualifications of members
(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause ( 1 ) of Article 102, the question shall be referred for the decision of the President and his decision shall be final
(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion
104. Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified If a person 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 Members
105. Powers, privileges, etc of the Houses of Parliament and of the members and committees thereof
(1) Subject to the provisions of this constitution and the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament
(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings
(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined shall be those of that House and of its members and committees immediately before the coming into force of Section 15 of the Constitution (Forty fourth Amendment) Act 1978
(4) The provisions of clauses ( 1 ), ( 2 ) and ( 3 ) shall apply in relation to persons who by virtue of this constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament
106. Salaries and allowances of members Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India Legislative Procedure
107. Provisions as to introduction and passing of Bills
(1) Subject to the provisions of Articles 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament
(2) Subject to the provisions of Article 108 and 109, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed by both Houses
(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses
(4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People
(5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the council of States, shall subject to the provisions of Article 108, lapse on a dissolution of the House of the People
108. Joint sitting of both Houses in certain cases
(1) If after a Bill has been passed by one House and transmitted to the other House
(a) the Bill is rejected by the other House; or
(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
(c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it the President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill: Provided that nothing in this clause shall apply to a Money Bill
(2) In reckoning any such period of six months as is referred to in clause ( 1 ), no account shall be taken of any period during which the House referred to in sub clause (c) of that clause is prorogued or adjourned for more than four consecutive days
(3) Where the President has under clause ( 1 ) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly
(4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint siting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses: Provided that a joint sitting
(a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;
(b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed; and the decision of the person presiding as to the amendments which are admissible under this clause shall be final
(5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein
109. Special procedure in respect of Money Bills
(1) A Money Bill shall not be introduced in the Council of States
(2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the house of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States
(3) If the House of the People accepts any of the recommendations of the council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the council of States and accepted by the House of the People
(4) If the House of the People does not accept any of the recommendations of the council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States
(5) If a Money Bill passed by the House of the People and transmitted to the council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People
110. Definition of Money Bill
(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 clause (a) to (f)
(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes
(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final
(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under Article 109, and when it is presented to the President for assent under Article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill
111. Assent to Bills When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall 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 Procedures in Financial Matters
112. Annual financial statement
(1) The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the annual financial statement
(2) The estimates of expenditure embodied in the annual financial statement shall show separately
(a) the sums required to meet expenditure described by the Condition as expenditure charged upon the Consolidated Fund of India; and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of India
(a) the emoluments and allowances of the President and other expenditure relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;
(c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
(d)
(i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court,
(ii) the pensions payable to or in respect of Judges of the Federal Court,
(iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercises jurisdiction in relation to any area included in a Governors Province of the Dominion of India;
(e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor General of India;
(f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged
113. Procedure in Parliament with respect to estimates
(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein
(3) No demand for a grant shall be made except on the recommendation of the President
114. Appropriation Bills
(1) As soon as may be after the grants under article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet
(a) the grants so made by the House of the People; and
(b) the expenditure charged on the Consolidated fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament
(2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final
(3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India expect under appropriation made by law passed in accordance with the provisions of this article
115. Supplementary, additional or excess grants
(1) The President shall
(a) If the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisenduring the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may be
(2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant
116. Votes on account, votes of credit and exceptional grants
(1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power
(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon there sources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stand with the details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of any financial year; and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the purposes for which the said grants are made
(2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause ( 1 ) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure
117. Special provisions as to financial Bills
(1) A Bill or amendment making provision for any of the matters specified in sub clauses (a) to (f) of clause ( 1 ) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax
(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill Procedure Generally

118. Rules of procedure
(1) Each House of Parliament may make rules for regulations, subject to the provisions of this Constitution, its procedure and the conduct of its business
(2) Until rules are made under clause ( 1 ), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be
(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses
(4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause ( 3 ), shall preside
119. Regulation by law of procedure in Parliament in relation to financial business Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament under clause ( 1 ) of Article 118 or with any rule or standing order having effect in relation to Parliament under clause ( 2 ) of that article, such provision shall prevail

120. Language to be used in Parliament
(1) Notwithstanding anything in Part XVII, but subject to the Article 348, business in Parliament shall be transacted in Hindi or in English: Provided that the Chairman of the Council of States or Speaker of the House of the People, or Person acting as such, as the Case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother tongue
(2) Unless Parliament by Law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words or in English were omitted therefrom
121. Restriction on discussion in Parliament No discussions 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 expect upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided
122. Courts not to inquire into proceedings of Parliament
(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure
(2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers

CHAPTER III

LEGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of Parliament
(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance
(a) shall be laid before both House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President Explanation Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause
(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void


CHAPTER IV

THE UNION JUDICIARY

124. Establishment and constitution of Supreme Court
(1) There shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty five years: Provided that in the case of appointment of a Judge other than the chief Justice, the chief Justice of India shall always be consulted:
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed rom his office in the manner provided in clause ( 4 )
2A. The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide
(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and
(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist Explanation I In this clause High Court means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India Explanation II In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included
(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity
(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause ( 4 ):
(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule
(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India
125. Salaries, etc, of Judges
(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule
(2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule: Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment
126. Appointment of acting Chief Justice When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason or absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose
127. Appointment of ad hoc Judges
(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India
(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court
128. Attendance of retired Judges at sittings of the Supreme Court Notwithstanding anything in this chapter, the Chief Justice of India may at any time, with the previous consent of the president, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the 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
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other; or
(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases ( 1 ) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under Article 134A that the case involves a substantial question of law as t the interpretation of this Constitution
(2) Omitted
(3) Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided Explanation For the purposes of this article, the expression final order includes an order declaring an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies under Article 134A
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court
(2) Notwithstanding anything in Article 132, any party appealing to the Supreme Court under clause ( 1 ) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court
134. Appellate jurisdiction of Supreme Court in regard to criminal matters
(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
(c) certifies under Article 134A that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub clause (c) shall lie subject to such provisions as may be made in that behalf under clause ( 1 ) of Article 145 and to such conditions as the High Court may establish or require
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law
134A. Certificate for appeal to the Supreme Court Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause ( 1 ) of Article 132 or clause ( 1 ) of Article 133, or clause ( 1 ) of Article 134
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause ( 1 ) of Article 132, or clause ( 1 ) of Article 133 or, as the case may be, sub clause (c) of clause ( 1 ) of Article 134, may be given in respect of that case
135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of Article 133 or Article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law
136. Special leave to appeal by the Supreme Court
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India
(2) Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces
137. Review of judgments or orders by the Supreme Court Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it
138. Enlargement of the jurisdiction of the Supreme Court
(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer
(2) The Supreme Court shall have such further jurisdiction, and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court
139. Conferment on the Supreme Court of powers to issue certain writs Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause ( 2 ) of Article 32
139A. Transfer of certain cases
(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or 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
(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court
140. Ancillary powers of Supreme Court Parliament may by law 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 unless as to discovery, etc ( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself
143. Power of President to consult Supreme Court ( 1 ) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon
(2) The President may, notwithstanding anything in the proviso to Article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon
144. Civil and judicial authorities to act in aid of the Supreme Court All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court
145. Rules of Court, etc
(1) Subject to the provisions of any law made by Parliament the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including
(a) rules as to the persons practising before the Court,
(b) rules as to the procedure for hearing appeals, and other matters pertaining to appeals including the time within which appeals to the Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;
(cc) rules as to the proceedings in the Court under Article 139A;
(d) rules as to the entertainment of appeals under sub clause (c) of clause ( 1 ) of Article 134;
(e) any judgment pronounced or order made by the Court may be received and rules as to the conditions the procedure for such review including the time within which applications to the Court for such review are to be entered;
(f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceeding therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause ( 1 ) of Article 317
(2) Subject to the provisions of clause ( 3 ), rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts
(3) The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five: Provided that, where the Court hearing an appeal under any of the provisions of this chapter other than Article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion
(4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under Article 143 save in accordance with an opinion also delivered in open Court
(5) No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion
146. Officers and servants and the expenses of the Supreme Court
(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct: Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission
(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President
(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the offices and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the court shall form part of that Fund
147. Interpretation In this Chapter and in Chapter V of Part VI references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947 , or of any order made thereunder CHAPTER V COMPTROLLER AND AUDITOR GENERAL OF INDIA
148. Comptroller and Auditor General of India
(1) There shall be a Comptroller and Auditor General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court
(2) Every person appointed to be the Comptroller and Auditor General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule
(3) The salary and other conditions of service of the Comptroller and Auditor General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule: Provided that neither the salary of a Comptroller and Auditor General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment
(4) The Comptroller and Auditor General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office
(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor General
(6) The Administrative expenses of the office of the Comptroller and Auditor General, including all salaries, allowances and pensions payable to or in respect of pensions serving in that office, shall be charged upon the Consolidated Fund of India
149. Duties and powers of the Comptroller and Auditor General The Comptroller and Auditor General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively
150. Form of accounts of the Union and of the States The accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the Comptroller and Auditor General of India, prescribe
151. Audit reports
(1) The reports of the Comptroller and Auditor General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament
(2) The reports of the Comptroller and Auditor General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State PART VI THE STATES 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 CHAPTER II THE EXECUTIVE The Governor
153. Governors of States There shall be 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
154. Executive power of State
(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution
(2) Nothing in this article shall
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
(b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor
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
(1) The Governor shall hold office during the pleasure of the President
(2) The Governor may, by writing under his hand addressed to the President, resign his office
(3) Subject to the foregoing provisions of this article, a Governor shall hold for a term of five years from the date on which he enters upon his office
(4) Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office
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 office
(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor
(2) The Governor shall not hold any other office of profit
(3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in Second Schedule
(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine
(4) The emoluments and allowances of the Governor shall not be diminished during his term of office
159. Oath or affirmation by 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 swear in the name of God I, A B, do that I solemnly affirm will faithfully execute the office of Governor (or discharge the functions of the Governor) of (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well being of the people of (name of the State)
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 the Constitution or by any law made by Parliament upon the Union or authorities thereof Council of Ministers
163. Council of Ministers to aid and advise Governor
(1) There shall be a council of Ministers with the chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, 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 his discretion
(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court
164. Other provisions as to Ministers
(1) The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the State of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work
(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State
(3) Before a Minister enters upon his office, the Governor shall administer so him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule
(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister
(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule The Advocate General for the State
165. Advocate General for the State
(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the State
(2) It shall be the duty of the Advocate General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force
(3) The Advocate General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine Conduct of Government Business
166. Conduct of business of the Government of a State
(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor
(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order on instruction which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor
(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion
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
(a) to communicate to the Governor of the State all decisions of the council of Ministers relating to the administration of the affairs of the State and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council CHAPTER III THE STATE LEGISLATURE General
168. Constitution of Legislatures in States
(1) For every State there shall be a Legislature which shall consist of the Governor, and
(a) in the States of Bihar, Madhya Pradesh, Maharashtra, Karnataka and Uttar Pradesh, two houses:
(b) in other States, one House
(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly
169. Abolition or creation of Legislative Councils in States
(1) Notwithstanding anything in Article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two thirds of the members of the Assembly present and voting
(2) Any law referred to in clause ( 1 ) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary
(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368
170. Composition of the Legislative Assemblies
(1) Subject to the provisions of Article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State
(2) For the purposes of clause ( 1 ), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State Explanation In this clause, the expression population means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census
(3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State 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 Legislative Assembly until the dissolution of the then existing Assembly: Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly 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 2000 have been published, it shall not be necessary to readjust the total number of seats in the Legislative Assembly of each State and the division of such State into territorial constituencies under this clause
171. Composition of the Legislative Councils
(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed one third of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty
(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause ( 3 )
(3) Of the total number of members of the Legislative council of a State
(a) as nearly as may be, one third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;
(b) as nearly as may be, one twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;
(c) as nearly as may be, one twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;
(d) as nearly as may be, one third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;
(e) the remainder shall be nominated by the Governor in accordance with the provisions of clause ( 5 )
(4) The members to be elected under sub clauses (a), (b) and (c) of clause ( 3 ) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the election under the said sub clauses and under sub clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote
(5) The members to be nominated by the Governor under sub clause (e) of clause ( 3 ) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art, co operative movement and social service
172. Duration of State Legislatures
(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate
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
(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
(b) is, in the case of a seat in the Legislative Assembly, not less than twenty five years of age and in the case of a seat in the Legislative Council, not less than thirty years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament
174. Sessions of the State Legislature, prorogation and dissolution
(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session
(2) The Governor may from time to time
(a) Prorogue the House or either House;
(b) dissolve the Legislative Assembly
175. Right of Governor to address and send messages to the House or Houses
(1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members
(2) The Governor may sent messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration
176. Special address by the Governor
(1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both House assembled together and inform the Legislature of the causes of its summons
(2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address
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 Legislature
178. 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 Speakers 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
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution: Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose
(2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause ( 2 ) of Article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in Article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an quality of votes
182. The Chairman and Deputy Chairman of the Legislative Council The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be
183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman A member holding office as Chairman or Deputy Chairman of a Legislative Council
(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy chairman, to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution
184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
(1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the council as the Governor may appoint for the purpose
(2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the Legislative Council, while any resolution for the removal of the chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy chairman, shall not, though he is present, preside, and the provisions of clause ( 2 ) of Article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent
(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in Article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes
186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule
187. Secretariat of State Legislature
(1) The House or each House of the Legislature of a State shall have a separate secretarial staff: Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature
(2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State
(3) Until provision is made by the Legislature of the State under clause ( 2 ), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause
188. Oath or affirmation by members Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule
189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
(1) Save as otherwise provided in this Constitution, all questions at any sitting of a House of the legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes
(2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings
(3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or one tenth of the total number of members of the House, whichever is greater
(4) If at any time during a meeting of the Legislative Assembly or the Legislative council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum Disqualifications of Members
190. Vacation of seats
(1) No person shall be a member of both Houses of the legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other
(2) No person shall be a member of the legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules made by the President, that persons seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States
(3) If a member of a House of the Legislature of a State
(a) becomes subject to any of the disqualifications mentioned in clause ( 1 ) or clause ( 2 ) of Article 191; or
(b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by th Speaker or the Chairman, as the case may be, his seat shall thereupon becomes vacant: Provided that in the case of any resignation referred to in sub clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation
(4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days
191. Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State
(a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament Explanation For the purposes of this clause, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State
(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule
192. Decision on questions as to disqualifications of members
(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause ( 1 ) of Article 191, the question shall be referred for the decision of the Governor and his decision shall be final
(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion
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 Members
194. Powers, privileges, etc, of the House of Legislatures and of the members and committees thereof
(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State
(2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings
(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of Section 26 of the Constitution forty fourth Amendment Act, 1978
(4) The provisions of clauses ( 1 ), ( 2 ) and ( 3 ) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature
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 Procedure
196. Provisions as to introduction and passing of Bills
(1) Subject to the provisions of Article 198 and 207 with respect o Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council
(2) Subject to the provisions of Article 197 and 198, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses
(3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof
(4) A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly
(5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly
197. Restriction on powers of Legislative Council as to Bills other than Money Bills
(1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council
(a) the Bill is rejected by the Council; or
(b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council
(2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council
(a) the Bill is rejected by the Council; or
(b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; the Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly
(3) Nothing in this article shall apply to a Money Bill
198. Special procedure in respect of Money Bills
(1) A Money Bill shall not be introduced in a Legislative Council
(2) ) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council
(3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly
(4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council
(5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly
199. Definition of Money Bills
(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only 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)
(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes
(3) If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative Council is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State thereon shall be final
(4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under Article 198, and when it is presented to the Governor for assent under Article 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill
200. Assent to Bills When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be 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. Bill 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 it 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 Matters
202. Annual financial statement
(1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the annual financial statement
(2) The estimates of expenditure embodied in the annual financial statement shall show separately
(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of the State; and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State; and shall distinguish expenditure on revenue account from other expenditure
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State
(a) the emoluments and allowances of the Governor and other expenditure relating to his office;
(b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case of State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council;
(c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
(d) expenditure in respect of the salaries and allowances of Judges of any High Court;
(e) any sums required to satisfy and judgment, decree or award of any court or arbitral tribunal;
(f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged
203. Procedure in Legislature with respect to estimates
(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein
(3) No demand for a grant shall be made except on the recommendation of the Governor
204. Appropriation Bills
(1) As soon as may be after the grants under article 203 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet
(a) the grants so made by the assembly; and
(b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses
(2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final
(3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article
205. Supplementary, additional or excess grants
(1) The Governor shall
(a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be
(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant
206. Votes on account, votes of credit and exceptional grants
(1) Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power
(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of any financial year, and the Legislature of the State shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grants are made
(2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause ( 1 ) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure
207. Special provisions as to financial Bills
(1) A Bill or amendment making provision for any of the matters specified in sub clause (a) to (f) of clause ( 1 ) of article 199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax
(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill Procedure Generally
208. Rules of procedure
(1) A House of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business
(2) Until rules are made under clause ( 1 ), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be
(3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the legislative Council, may make rules as to the procedure with respect to communications between the two Houses
209. Regulation by law of procedure in the Legislature of the State in relation to financial business The Legislature of a State may, for the 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
(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English: Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother tongue
(2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words or in English were omitted here from: Provided that in relation to the Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura this clause shall have effect as if for the words fifteen years occurring therein, the words twenty five years were substituted: Provided further that in relation to the Legislature of the States of Arunachal Pradesh, Goa and Mizoram, this clause shall have effect as if for the words fifteen years occurring therein, the words forty years were substituted
211. Restriction on discussion in the Legislature No discussion shall take place in the Legislature of a State with respect to the conduct of 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
(1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure
(2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers CHAPTER IV LEGISLATIVE POWER OF THE GOVERNOR
213. Power of Governor to promulgate Ordinances during recess of Legislature
(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if
(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or
(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or
(c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Legislature of the State assented to by the Governor, but every such Ordinance
(a) shall be laid before the legislative Assembly of the State, or where there is a Legislative Council in the State, before both the House, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and
(b) may be withdrawn at any time by the Governor Explanation Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause
(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the legislature of the State assented to by the Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the president and assented to by him CHAPTER V THE HIGH COURTS IN THE STATES
214. High Courts for States There shall be a High Court for each State
215. High Courts to be courts of record Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself
216. Constitution of High Courts Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint
217. Appointment and conditions of the office of a Judge of a High Court
(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the chief Justice, the chief Justice of the High court, and shall hold office, in the case of an additional or acting Judge, as provided in Article 224, and in any other case, until he attains the age of sixty two years Provided that
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office by the President in the manner provided in clause ( 4 ) of Article 124 for the removal of a Judge of the Supreme Court;
(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession; Explanation For the purposes of this clause
(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an Advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;
(aa) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law after he became an advocate;
(b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947 , within India as defined by the Government of India Act, 1935 , or has been an advocate of any High Court in any such area, as the case may be
(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final
218. Application of certain provisions relating to Supreme Court to High Courts The provisions of clauses ( 4 ) and ( 5 ) of Article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court
219. Oath or affirmation by Judges of High Courts Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule
220. Restriction on practice after being a permanent Judge No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts Explanation In this article, the expression High Court does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement of the Constitution (seventh Amendment) Act, 1956
221. Salaries etc, of Judges
(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule
(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule: Provided that neither the allowances of a Judge nor his rights in respect of leave of absence shall be varied to his disadvantage after his appointment
222. Transfer of a Judge from one High Court to another
(1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court
(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963 , as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix
223. Appointment of acting Chief Justice When the office of Chief Justice of 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 purposes
224. Appointment of additional and acting Judges
(1) If by reason of any temporary increase in the business of High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specific
(2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties
(3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty two years
224. A Appointment of retired Judges at sittings of High Courts Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of 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
226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated
(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32
226. A Constitutional validity of Central laws not to be considered in proceedings under Article 226 Omitted
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 interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces
228. Transfer of certain cases to High Court If the High Court is satisified 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 may
(a) either dispose of the case itself, or
(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in confirmity with such judgment
228A. Special provisions as to disposal of question relating to constitutional validity of State Laws Rep by the Constitution (Forty third Amendment) Act, 1977 , sec 10, (w e f 13 4 1978 )
229. Officers and servants and the expenses of High Courts
(1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct: Provided that the Governor of the State may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission
(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State
(3) The administrative expenses of a High Court, including all salaries, allowacnes and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund
230. Extension of jurisdiction of High Courts to Union territories
(1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory
(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory:
(a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and
(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President
231. Establishment of a common High Court for two or more States
(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory
(2) In relation to any such High Court,
(a) the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction;
(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the Subordinate Courts are situate; and
(c) the reference in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat: Provided that if such principal seat is in a Union territory, the references in articles 210 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India
232. Omitted by the Constitution 7 th Amendment Act, 1956 CHAPTER VI SUBORDINATE COURTS
233. Appointment of district judges
(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State
(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment
233. A Validation of appointments of, and judgments, etc, delivered by, certain district judges Notwithstanding any judgment, decree or order of any court,
(a)
(i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State, and
(ii) no posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966 , otherwise than in accordance with the provisions of Article 233 or Article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;
(b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of Article 233 or Article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions
234. Recruitment of persons other than district judges to the judicial service Appointment 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 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
(a) the expression district judge includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge;
(b) the expression judicial service means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge
237. Application of the provisions of this Chapter to certain class or classes of magistrates The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification
238. Omitted by the Constitution 7 th Amendment Act, 1956 PART VIII THE UNION TERRITORIES
239. Administration of Union territories
(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify
(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers
239. A Creation of local Legislatures or Council of Ministers or both for certain Union territories
(1) Parliament may by law create for the Union territory of Pondicherry
(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or
(b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law
(2) Any such law as is referred to in clause ( 1 ) shall not be deemed to be an amendment of this Constitution for the purposes of Article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution
239B. Power of administrator to promulgate Ordinances during recess of Legislature
(1) If at any time, except when the Legislature of the Union territory of Pondicherry is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf: Provided further that whenever the said legislature is dissolved, or its functioning from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause ( 1 ) of Article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension
(2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause ( 1 ) of Article 239A, but every such Ordinance
(a) shall be laid before the Legislature of the Union territory and shall cease to operate at the expiration of six weeks from the reassembly of the legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and
(b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf
(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause ( 1 ) of Article 239A, it shall be void
240. Power of President to make regulations for certain Union territories
(1) The President may make regulations for the peace, progress and good government of the Union territory of
(a) the Andaman and Nicobar Islands;
(b) Lakshadweep;
(c) Dadra and Nagar Haveli;
(d) Daman and Diu;
(e) Pondicherry; Provided that when any body is created under Article 239A to function as a Legislature for the Union territories of Pondicherry, the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature: Provided further that whenever the body functioning as a Legislature for the Union territory of Pondicherry is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause ( 1 ) of Article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory
(2) Any regulation so made may repeal or amend any Act made by Parliament or any other law which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory
241. High Courts for Union territories
(1) Parliament may by law constitute a High Court for a Union territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution
(2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause ( 1 ) as they apply in relation to a High Court referred to in Article 214 subject to such modifications or exceptions as Parliament may by law provide
(3) 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 or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956 , in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement
(4) Nothing in this article derogates from the power of parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof
242. Coorg Rep by the Constitution (Seventh Amendment) Act, 1956 , Section 29 and Schedule

PART IX

THE PANCHAYATS

243. Definitions In this Part, unless the context otherwise requires,
(a) district means a district in a State;
(b) Gram Sabha means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;
(c) intermediate level means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;
(d) Panchayat means an institution (by whatever name called) of self government constituted under article 243B, for the rural areas;
(e) Panchayat area means the territorial area of a Panchayat;
(f) population means the population as ascertained at the last preceding census of which the relevant figures have been published;
(g) village means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified
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
(1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part
(2) Notwithstanding anything in clause ( 1 ), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs
243C. Composition of Panchayats
(1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayts: Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State,
(2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area
(3) The Legislature of a State may, by law, provide for the representation
(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level;
(b) if the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level;
(c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat;
(d) of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within
(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;
(ii) a Panchayat area at the district level, in Panchayat at the district level
(4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats
(5) The Chairperson of
(a) Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level, shall be elected by, and from amongst, the elected members thereof
243D. Reservation of seats
(1) Seats shall be reserved for
(a) the Scheduled Castes; and
(b) the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the, total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat
(2) Not less than one third of the total number of seats reserved under clause ( 1 ) shall be reserved for women belonging, to the Scheduled Castes or, as the case may be, the Scheduled Tribes
(3) Not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat
(4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: Provided further that not less than one third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level
(5) The reservation of seats under clauses ( 1 ) and ( 2 ) and the reservation of offices of Chairpersons (other than the reservation for women) under clause ( 4 ) shall cease to have effect on the expiration of the period specified in article 334
(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens
243E. Duration of Panchayats, etc
(1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer
(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause ( 1 )
(3) An election to constitute a Panchayat shall be completed
(a) before the expiry of its duration specified in clause ( 1 );
(b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat
(4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under clause ( 1 ) had it not been so dissolved
243F. Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that be is less than twenty five years of age, if he has attained the age of twenty one years;
(b) if he is so disqualified by or under any law made by the Legislature of the State
(2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause ( 1 ), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide
243G. Powers, authority and responsibilities of Panchayats Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats with such powers and authority and 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
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule
243H. Powers to impose taxes by, and funds of, the Panchayats The Legislature of a State may, by law,
(a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants in aid to the Panchayats from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law
243I. Constitution of finance Commissions to review financial position
(1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy third Amendment) Act, 1992 , and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to
(a) the principles which should govern
(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;
(iii) the grants in aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats
(2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected
(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them,
(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State
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 The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor
(2) Subject to the provisions of any law made by the Legislature of a State the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment
(3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause ( 1 )
(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, 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 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
(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause ( 1 ), and the tribal areas referred to in clause ( 2 ), of article 244
(2) Nothing in this Part shall apply to
(a) the States of Nagaland, Meghalaya and Mizoram;
(b) the Hill areas in the State of Manipur for which District Councils exist under any law for the time being in force
(3) Nothing in this Part
(a) relating to Panchayats at the district level shall apply to the Hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in force;
(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law
(4) Notwithstanding anything in this Constitution
(a) the Legislature of a State referred to in sub clause (a) of clause ( 2 ) may, by law, extend this Part to that State, except the areas, if any, referred to in clause ( 1 ), if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that house present and voting;
(b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause ( 1 ) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of Article 368
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 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 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
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made under article 243K, shall not be called in question in any court;
(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the legislature of a State PART IX A THE MUNICIPALITIES
243P. Definitions In this Part, unless the context otherwise requires,
(a) Committee means a Committee constituted under article 243S;
(b) district means a district in a State;
(c) Metropolitan area means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be Metropolitan area for the purposes of this Part;
(d) Municipal area means the territorial area of a Municipality as is notified by the Governor;
(e) Municipality means an institution of self government constituted under Article 243Q;
(f) Panchayat means a Panchayat constituted under Article 243B;
(g) population means the population as ascertained at the last preceding census of which the relevant figures have been published
243Q. Constitution of Municipalities
(1) There shall be constituted in every State,
(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part: Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of tile area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township
(2) In this article, a transitional area, a smaller urban area or a larger urban area means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part
243R. Composition of Municipalities
(1) Save as provided in clause ( 2 ), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards
(2) The Legislature of a State may, by law, provide
(a) for the representation in a Municipality of
(i) persons having special knowledge or experience in Municipal administration;
(ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area;
(iii) the members of the Council of States and the members of the Legislative Council of the State registered electors within tile Municipal area;
(iv) the Chairpersons of the Committees constituted under clause ( 5 ) of article 243S: Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality;
(b) the manner of election of the Chairperson of a Municipality
243S. Constitution and composition of wards Committees, etc
(1) There shall be constituted Wards Committees, consisting of one or more Wards, within the territorial area of a Municipality having a population of three lakhs or more
(2) The Legislature of a State may, by law, make provision with respect to
(a) the composition and the territorial area of a Wards Committee;
(b) the manner in which the seats in a Wards Committee shall be filled
(3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee
(4) Where a Wards Committee consists of
(a) one ward, the member representing that ward in the Municipality; or
(b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee
(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the Constitution of Committees in addition to the Wards Committees
243T. Reservation of seats
(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality
(2) Not less than one third of the total number of seats reserved under clause ( 1 ) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes
(3) Not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality
(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide
(5) The reservation of seats under clauses ( 1 ) and ( 2 ) and the reservation of offices of Chairpersons (other than the reservation for women) under clause ( 4 ) shall cease to have effect on the expiration of the period specified in article 334
(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens
243U. Duration of Municipalities, etc
(1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer: Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution
(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause ( 1 )
(3) An election to Constitute a Municipality shall be completed,
(a) before the expiry of its duration specified in clause ( 1 );
(b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period
(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would leave continued under, clause ( 1 ) had it not been so dissolved
243V. Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for being a member of a Municipality
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age, of twenty one years;
(b) if he is so disqualified by or under any law made by the Legislature of the State
(2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause ( 1 ), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide
243W. Powers, authority and responsibilities of Municipalities, etc Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow
(a) the Municipalities 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 Municipalities, subject to such conditions as may be specified therein, with respect to
(i) the preparation of plans for economic development and social justice;
(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule
243X. Power to impose taxes by, and funds, of, the Municipalities The Legislature of a State may, by law
(a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
(c) provide for making, such grants in aid to the Municipalities from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law
243Y. Finance Commission
(1) The Finance Commission constituted under article 243 I shall also review the financial position of the Municipalities and make recommendations to the Governor as to
(a) the principles which should govern
(i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;
(iii) the grants in aid to the Municipalities from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Municipalities;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities
(2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State
243Z. Audit of accounts of Municipalities The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts
243Z. A Elections to the Municipalities
(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K
(2) Subject to provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities
243Z. B 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
243Z. C Part not to apply to certain areas
(1) Nothing in this Part shall apply to the Scheduled Areas referred to in Clause ( 1 ), and the tribal areas referred to in Clause ( 2 ), of article 244
(2) Nothing in this part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal
(3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the Tribal Areas referred to in clause ( 1 ) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368
243Z. D Committee for district planning
(1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole
(2) The Legislative of a State may, by law, make provision with respect to
(a) the composition of the District Planning Committees;
(b) the manner in which the seats in such Committees shall be filled: Provided that not less than four fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;
(c) the functions relating to district planning which may be assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees be chosen
(3) Every District Planning Committee shall, in preparing the draft development plan,
(a) have regard to
(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrate development of infrastructure and environmental conservation;
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organizations as the Governor may, by order, specify
(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State
243Z. E Committee for Metropolitan Planning
(1) There shall be constituted in every Metropolitan, area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole
(2) The Legislature of a State may, by law, make with respect to
(a) the composition of the Metropolitan Planning Committees;
(b) the manner in which the seats in such Committees shall be filled: Provided that not less than two thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the, Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;
(c) the representation, in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;
(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;
(e) the manner in which the Chairpersons of such Committees shall be chosen
(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,
(a) have regard to
(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;
(ii) matters of common interest between the Municipalities and the Panchayats, including co ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India and the Government of the State;
(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify
(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State
243Z. F 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
243Z. G Bar to interference by courts in electoral matters Notwithstanding anything in this Constitution,
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243Z A shall not be called in question in any court;
(b) no election to any Municipality shall be called in question expect by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State PART X THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and Tribal Areas
(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam Meghalaya, Tripura and Mizoram
244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor
(1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and create therefor
(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or
(b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law
(2) Any such law as is referred to in clause ( 1 ) may, in particular,
(a) specify the matters enumerated in the State List or the Concurrent List with respect to which the legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise;
(b) define the matters with respect to which the executive power of the autonomous State shall extend;
(c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;
(d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and
(e) make such supplemental, incidental and consequential provisions as may be deemed necessary
(3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub clause (a) or sub clause (b) of clause ( 2 ) shall have no effect unless the amendment is passed in each House of Parliament by not less than two thirds of the members present and voting
(4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of Article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution

PART XI

RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I LEGISLATIVE RELATIONS Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of States
(1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State
(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra territorial operation
246. Subject matter of laws made by Parliament and by the Legislatures of States
(1) Notwithstanding anything in clauses ( 2 ) and ( 3 ), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the Union List)
(2) Notwithstanding anything in clause ( 3 ), Parliament, and, subject to clause ( 1 ), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the Concurrent List)
(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included (in a State) notwithstanding that such matter is a matter enumerated in the State List
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
(1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List
(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest
(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force
(2) A resolution passed under clause ( 1 ) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause ( 1 ), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force
(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause ( 1 ) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period
250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have, power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List
(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period
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
(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in Articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the House of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State
(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State
253. Legislation for giving effect to international agreements Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body
254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States
(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause ( 2 ), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void
(2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only No Act of Parliament or of the legislature of a State and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given
(a) where the recommendation required was that of the Governor, either by the Governor or by the President;
(b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;
(c) where the recommendation or previous sanction required was that of the President, by the President

CHAPTER II

ADMINISTRATIVE RELATIONS General
256. Obligation of States and the Union The executive power of every State shall be so exercised as to ensure compliance with the laws made by 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
(1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose
(2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance: Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works
(3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State
(4) Where in carrying out any direction given to a State under clause ( 2 ) as to the construction or maintenance of any means of communication or under clause ( 3 ) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State
257. A Assistance to States by deployment of armed forces or other forces of the Union Omitted
258. Power of the Union to confer powers, etc, on States in certain cases
(1) Notwithstanding anything in this Constitution, the President may, with the consent of the Governor of a State, 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 Union extends
(2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof
(3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties
258. A Power of the States to entrust functions to the Union Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Governor 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 Rep by the Constitution (Seventh Amendment) Act, 1956 , S 29 and Schedule
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 Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State
(2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause ( 1 ) shall be proved and the effect thereof determined shall be as provided by law made by Parliament
(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter State rivers or river valleys
(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter State river or river valley
(2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause ( 1 ) Co ordination between States
263. Provisions with respect to an inter State Council If any any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of
(a) inquiring into and advising upon disputes which may have arisen between States;
(b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
(c) making recommendations upon any such subject and, in particular, recommendations for the better co ordination of policy and action with respect to that subject, in shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure

PART XII

FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I FINANCE General

264. Interpretation In this Part, Finance Commission means a Finance Commission constituted under Article 280
265. Taxes not to be imposed save by authority of law No tax shall be levied or collected except by authority of law
266. Consolidated Funds and public accounts of India and of the States
(1) Subject to the provisions of Article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled the Consolidated Fund of India, and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled the Consolidated Fund of the State
(2) All other public moneys received by or on behalf of the Government of India or the Government of a State shall be entitled to the public account of India or the public account of the State, as the case may be
(3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution
267. Contingency Fund
(1) Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled the Contingency Fund of India into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under Article 115 or Article 116
(2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled the Contingency Fund of the State into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor of the State to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislature of the State by law under Article 205 or Article 206 Distribution of Revenues between the Union and the States
268. Duties levied by the Union but collected and appropriated by the States
(1) Such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected
(a) in the case where such duties are leviable within any Union territory, by the Government of India, and
(b) in other cases, by the States within which such duties are respectively leviable
(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State
269. Taxes levied and collected by the union but assigned to the States
(1) The following duties and taxes shall be levied and collected by the Government of India but shall be assigned to the States in the manner provided in clause ( 2 ), namely:
(a) duties in respect of succession to property other than agricultural land;
(b) estate duty in respect of property other than agricultural land;
(c) terminal taxes on goods or passengers carried by railway, sea or air;
(d) taxes on railway fares and freights;
(e) taxes other than stamp duties on transactions in stock exchanges and futures markets;
(f) taxes on the sale or purchase of newspapers and on advertisements published therein;
(g) taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter State trade or commerce;
(h) 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
(2) The net proceeds in any financial year of any such duty or tax, except in so far as those proceeds represent proceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that duty or tax is leviable in that year, and shall be distributed among those States in accordance with such principles of distribution as may be formulated by Parliament by law
(3) Parliament may by law formulate principles for determining when a sale or purchase of or consignment of goods takes place in the course of inter State or commerce 270 Taxes levied and collected by the Union and distributed between the Union and the States
(1) Taxes on income other than agricultural income shall be levied and collected by the Government of India and distributed between the Union and the States in the manner provided in clause ( 2 )
(2) Such percentage, as may be prescribed, of the net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Union territories or to taxes payable in respect of Union emoluments, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in such manner and form such tie as may be prescribed
(3) For the purposes of clause ( 2 ), in each financial year such percentage as may be prescribed of so much of the net proceeds of taxes on income as does not represent the net proceeds of taxes payable in respect of Union emoluments shall be deemed to represent proceeds attributable to Union territories
(4) In this article
(a) taxes on income does not include a corporation tax;
(b) prescribed means
(i) until a Finance Commission has been constituted, prescribed by the President by order, and
(ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission;
(c) Union emoluments includes all emoluments and pensions payable out of the Consolidated Fund of India in respect of which income tax is chargeable
270. Taxes levied and collected by the Union and distributed between the Union and the States
(1) Taxes on income other than agricultural income shall be levied and collected by the Government of India and distributed between the Union and the States in the manner provided in clause ( 2 )
(2) Such percentage, as may be prescribed 3, of the net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Union territories or to taxes payable in respect of Union emoluments, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed
(3) For the purposes of clause ( 2 ), in each financial year such percentage as may be prescribed of so much of the net proceeds of taxes on income as does not represent the net proceeds of taxes payable in respect of Union emoluments shall be deemed to represent proceeds attributable to Union territories
(4) In this article
(a) taxes on income does not include a corporation tax;
(b) prescribed means
(i) until a Finance Commission has been constituted, prescribed by the President by order, and
(ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission;
(c) Union emoluments includes all emoluments and pensions payable out of the Consolidated Fund of India in respect of which income tax is chargeable
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 in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part 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 Union duties of excise other than such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied and collected by the Government of India, but, if Parliament by law so provides, there shall be paid out of the Consolidated Fund of India to the States to which the law imposing the duty extends sums equivalent to the whole or any part of the net proceeds of that duty, and those sums shall be distributed among those States in accordance with such principles of distribution as may be formulated by such law
273. Grants in lieu of export duty on jute and jute products
(1) There shall be charged on the Consolidated Fund of India in each year as grants in aid of the revenues of the State of Assam, Bihar, Orissa and West Bengal, in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products to those States, such sums as may be prescribed
(2) The sums so prescribed shall continue to be charged on the Consolidated Fund of India so long as any export duty on jute or jute products continues to be levied by the Government of India or until the expiration of ten years from the commencement of this Constitution, whichever is earlier
(3) In this article, the expression prescribed has the same meaning as in Article 270
274. Prior recommendation of President required to Bills affecting taxation in which States are interested
(1) No Bill or amendment which imposes or varies any tax which varies any tax or duty in which States are interested, or which varies the meaning of the expression agricultural income as defined for the purposes of the enactments relating to Indian income tax, or which affects the principles on which under any of the foregoing distributable to State, or which imposes any surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House or Parliament except on the recommendation of the President ( 2 ) In this article, the expression tax or duty in which States are interested means
(a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; or
(b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State
275. Grants from the Union to certain States
(1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants in aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States: Provided that there shall be paid out of the Consolidated Fund of India as grants in aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State: Provided further that there shall be paid out of the Consolidated Fund of India as grants in aid of the revenues of the State of Assam sums, capital and recurring, equivalent to
(a) the average excess of expenditure over the revenues during the two years immediately proceeding the commencement of this Constitution in respect of the administration of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule; and
(b) the costs of such schemes of development as maw be undertaken by that State with the approval of the Government of India for the purpose of raising the level of administration of the said areas to that of the administration of the rest of the areas of that State
(1A) On and from the formation of the autonomous State under Article 244 A,
(i) any sums payable under clause (a) of the second proviso to clause ( 1 ) shall, if the autonomous State therein, be paid to the autonomous State, and, if the autonomous State comprises only some of those tribal areas, be apportioned between the State of Assam and the autonomous State as the President may, by order, specify;
(ii) there shall be paid out of the Consolidated Fund of India as grants in aid of the revenues of the autonomous State sums, capital and recurring, equivalent to the costs of such schemes of development as may be undertaken by the autonomous State with the approval of the Government of India for the purpose of raising the level of administration of that State to that of the administration of the rest of the State of Assam
(2) Until provision is made by Parliament under clause ( 1 ), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament: Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission
276. Taxes on professions, trades, callings and employments
(1) Notwithstanding anything in Article 246, no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income
(2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State byway of taxes on professions, trades, callings and employments shall not exceed two hundred and fifty rupees per annum: Provided that if in the financial year immediately preceding the commencement of this Constitution there was in force in the case of any State or any such municipality, board or authority a tax on professions, trades, callings or employments the rate, or the maximum rate, of which exceed two hundred and fifty rupees per annum, such tax may continue to be levied until provisions to the contrary is made by Parliament by law, and any law so made by Parliament may be made either generally or in relation to any specified States, municipalities, boards or authorities
(3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments
277. Savings Any taxes, duties, cesses or fees which, immediately 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 Rep by the Constitution (Seventh Amendment) Act, 1956 , Section 29 and Schedule
279. Calculation of net proceeds, etc
(1) In the foregoing provisions of this Chapter, net proceeds means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor General of India, whose certificate shall be final
(2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters
280. Finance Commission
(1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President
(2) It shall be the duty of the Commission to make recommendations to the President as to
(a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds;
(b) the principles which should govern the grants in aid of the revenues of the States out of the Consolidated Fund of India;
(c) any other matter referred to the Commission by the President in the interests of sound finance
(4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them
281. Recommendations of the Finance Commission The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament Miscellaneous Financial Provisions
282. Expenditure defrayable by the Union or a State out of its revenues The Union or a State may make any grants for any public purpose, 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
(1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their payment into the public account of India and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President
(2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds, received by or on behalf of the Government of the State, their payment into the public account of the State and withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor of the State
284. Custody of suitors deposits and other moneys received by public servants an courts All moneys received by or deposited with
(a) any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Government of the State, as the case may be, or
(b) any court within the territory of India to the credit of any cause, matter, account or persons, shall be paid into the public account of India or the public account of the State, as the case may be
285. Exemption of property of the Union from State taxation
(1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State
(2) Nothing in clause ( 1 ) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State
286. Restrictions as to imposition of tax on the sale or purchase of goods
(1) No law of a State shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place
(a) outside the State; or
(b) in the course of the import of the goods into, or export of the goods out of, the territory of India
(2) Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause ( 1 )
(3) Any law of a State shall, in so far as it imposes, or authorises the imposition of,
(a) a tax on the sale or purchase of goods declared by Parliament by law to be of special importance in inter State trade or commerce; or
(b) a tax on the sale or purchase of goods, being a tax of the nature referred to in sub clause (b), sub clause (c) or sub clause (d) of clause 29 A of Article 366, be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as Parliament may by law specify
287. Exemption from taxes on electricity Save in so far as 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
(a) consumed by the Government of India, or sold to the Government of India for consumption by that Government; or
(b) consumed in the construction, maintenance or operation of any railway by the Government of India or a railway company operating that railway, or sold to that Government or any such railway company for consumption in the construction, maintenance or operation of any railway, and any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity
288. Exemption from taxation by States in respect of water or electricity in certain cases
(1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter State river or river valley Explanation The expression law of a State in force in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas
(2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in clause ( 1 ), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order
289. Exemption of property and income of a State from Union taxation
(1) The property and income of a State shall be exempt from Union taxation
(2) Nothing in clause ( 1 ) shall prevent the Union from imposing, or authorising the imposition of, any tax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith
(3) Nothing in clause ( 2 ) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of government
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 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
(a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or
(b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India
290. A Annual payment to certain Devaswom Funds A sum of forty six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be 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 1 st day of November, 1956 , from the State of Travancore Cochin
291. Privy purse sums of Rulers Rep by the Constitution (Twenty sixth Amendment) Act, 1971 , Section 2

CHAPTER II

BORROWING
292. Borrowing by the Government of India The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed
293. Borrowing by States
(1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed
(2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under Article 292 are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India
(3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government
(4) A consent under clause ( 3 ) may be granted subject to such conditions, if any, as the Government of India may think fit to impose

CHAPTER III

PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

294. Succession to property, assets, rights, liabilities and obligations in certain cases s from the commencement of this Constitution
(a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governors Province shall vest respectively in the Union and the corresponding State, and
(b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governors Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State, subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, West Punjab and East Punjab
295. Succession to property, assets, rights, liabilities and obligations in other cases
(1) As from the commencement of this Constitution
(a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and
(b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List, subject to any agreement entered into in that behalf by the Government of India with the Government of that State
(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause ( 1 )
296. Property accruing by escheat or lapse or as bona vacantia Subject as hereinafter provided any property in the territory of India which, 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 wouldhave 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 the article, the expressions Ruler and Indian State have the same meanings as in Article 363
297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union
(1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union
(2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union
(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament
298. Power to carry on trade, etc The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose: Provided that (a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and
(b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament
299. Contracts
(1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct or authorise
(2) Neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof
300. Suits and proceedings
(1) The Governor of India may sue or be sued by the name of the Union and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted
(2) If at the commencement of this Constitution
(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and
(b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings

CHAPTER IV RIGHT TO PROPERTY

300. A 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
(1) Notwithstanding anything in Article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule
(2) Nothing in clause ( 1 ) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India
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
(a) impose on goods imported from other States or the Union territories any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and
(b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest: Provided that no Bill or amendment for the purposes of clause shall be introduced or moved in the Legislature of a State without the previous sanction of the President
305. Saving of existing laws and laws providing for State monopolies Nothing in Articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may be 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 , in so far 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 Rep by the Constitution (Seventh Amendment) Act, 1956 , Section 29 and Schedule
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
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 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
(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all India service or holds any post connected with defence or any civil post under the Union, holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State
(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor of the State, any contract under which a person, not being a member of a defence service or of an all India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period, that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by a authority subordinate to that by which he was appointed
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply
(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to reduce him in rank ins satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry
(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause ( 2 ), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final
312. All India Services
(1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services (including an all India judicial service) common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service
(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article
(3) The all India judicial service referred to in clause ( 1 ) shall not include any post inferior to that of a district judge as defined in article 236
(4) The law providing for the creation of the all India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368
312A. Power of Parliament to vary or revoke conditions of service of officers of certain services
(1) Parliament may by law
(a) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, continue on and after the commencement of the Constitution (Twenty eight Amendment) Act, 1972 , to serve under the Government of India or of a State in any service or post;
(b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed b the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, retired or otherwise ceased to be in service at any time before the commencement of the Constitution (Twenty eight Amendment) Act, 1972 : Provided that in the case of any such person who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or a High Court, the Comptroller and Auditor General of India, the Chairman or other members of the Union or a State Public Service Commission or the Chief Election Commissioner, nothing in sub clause (a) or sub clause (b) shall be construed as empowering Parliament to vary or revoke, after his appointment to such post, the condition of his service to his disadvantage except in so far as such conditions of his service to his disadvantage except in so far as such condition of service are applicable to him by reason of his being a person appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India
(2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any legislature or other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in clause ( 1 )
(3) Neither the Supreme Court nor any other court shall have jurisdiction in
(a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into or executed by any person referred to in clause ( 1 ), or arising out of any letter issued to such person, in relation to his appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof; any dispute in respect of any right, liability or obligation under Article 314 as originally enacted The provisions of the article shall have effect notwithstanding anything in Article 314 as originally enacted or in any other provision of this Constitution
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 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 Rep by the Constitution (Twenty eight Amendment) Act, 1972 , Section 3 (w e f 29 08 1972 )

CHAPTER II PUBLIC SERVICE COMMISSION

315. Public Service Commissions for the Union and for the States
(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State
(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States
(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law
(4) The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State
(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question
316. Appointment and term of office of members
(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State: Provided that as nearly as may be one half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included
(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some persons appointed under clause ( 1 ) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State in the case of a State Commission, may appoint for the purpose
(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty five years, and in the case of a State Commission or a Joint Commission, the age of sixty two years, whichever is earlier: Provided that
(a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;
(b) a member of a Public Service Commission may be removed from his office in the manner provided in clause ( 1 ) or clause ( 3 ) of Article 317
(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re appointment to that office
317. Removal and suspension of a member of a Public Service Commission
(1) Subject to the provisions of clause ( 3 ), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under Article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed
(2) The President, in the case of the Union Commissionor a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause ( 1 ) until the President has passed orders on receipt of the report of the Supreme Court on such reference
(3) Notwithstanding anything in clause ( 1 ), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body
(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause ( 1 ), be deemed to be guilty of misbehaviour
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 of the State may by regulations
(a) determine the, number of members of the Commission and their conditions of service; and
(b) make provision with respect to the number of members of the staff of the commission and their conditions of service: Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment
319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members On ceasing to hold office
(a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;
(b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
(c) a member other than the Chairman of th Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State
320. Functions of Public Service Commissions
(1) It shall be the duty of the Union and the State Public Service Commission to conduct examinations for appointments to the services of the Union and the services of the State respectively
(2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more State so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required
(3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted
(a) on all matters relating to methods of recruitment to civil services and for civil posts;
(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award, and it shall be the duty of a Public Service Commission to advice on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor, of the State, may refer to them: Provided that the President as respects the all India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor, as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted
(4) Nothing in clause ( 3 ) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in clause ( 4 ) of Article 16 may be made or as respects the manner in which effect maybe given to the provisions of Article 335
(5) All regulations made under the proviso to clause ( 3 ) by the President or the Governor of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses of the Legislature of the State may make during the session in which they are so laid
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 of 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 Commission 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
(1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reason for such non acceptance to be laid before each House of Parliament
(2) It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non acceptance to be laid before the Legislature of the State

PART XIVA

TRIBUNALS
323. A Administrative tribunals Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to 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 or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government
(2) A law made under clause ( 1 ) may
(a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;
(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;
(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Article 136, with respect to the disputes or complaints referred to in clause ( 1 );
(e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the cause of action on which such suits or proceedings are based had arisen after such establishment;
(f) repeal or amend any order made by the President under clause ( 3 ) of Article 371D;
(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals
(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force
323B. Tribunals for other matters
(1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause ( 2 ) with respect to which such Legislature has power to make laws
(2) The matters referred to in clause ( 1 ) are the following, namely:
(a) levy, assessment, collection and enforcement of any tax;
(b) foreign exchange, import and export across customs frontiers;
(c) industrial and labour disputes;
(d) land reforms by way of acquisition by the State of any estate as defined in Article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;
(e) ceiling on urban property;
(f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in Article 329 and Article 329A;
(g) production, procurement, supply and distribution of foodstuffs (including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;
(h) offences against laws with respect to any of the matters specified in sub clause (a) to (g) and fees in respect of any of those matters;
(i) any matter incidental to any of the matters specified in sub clause (a) to (h)
324. Superintendence, direction and control of elections to be vested in an Election Commission
(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission)
(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President
(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission
(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause ( 1 )
(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine; Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment: Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner
(6) The President, or the Governor of a State, shall, when so requested by th Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause ( 1 )
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; but is to say, every person who is a citizen of India and who is not less than twenty one years 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 made 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 bylaw 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
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question in any court;
(b) No election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature
329. A Special provision as to elections to Parliament in the case of Prime Minister and Speaker Omitted

PART XVI

SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People
(1) Seats shall be reserved in the House of the People for
(a) the Scheduled Castes;
(b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and
(c) the Scheduled Tribes in the autonomous districts of Assam
(2) The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes under clause ( 1 ) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union territory in the House of the People as the population of the Scheduled Castes in the State or Union territory or of the Scheduled Tribes in the State or Union territory or part of the State or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union territory
(3) Notwithstanding anything contained in clause ( 2 ), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State Explanation In this article 332, the expression population means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census
331. Representation of the Anglo Indian community in the Hose 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 tribal areas of Assam, in Nagaland and in Meghalaya, in the Legislative Assembly of every State
(2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam
(3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in th State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved bears to the total population of the State
(4) The number of seats reserved for an autonomous district in the legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State
(5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district
(6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district
333. Representation of the Anglo Indian community in the Legislative Assemblies of the States Notwithstanding anything in Article 170, the Governor 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
334. Reservation of seats and special representation to cease after forty years Notwithstanding anything in the foregoing provisions of this Part, the provisions of Constitution relating to
(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and
(b) the representation of the Anglo Indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of forty years from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be
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
336. Special provision for Anglo Indian community in certain services
(1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947 During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent than the numbers so reserved during the immediately preceding period of two years: Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease
(2) Nothing in clause ( 1 ) shall bar the appointment of members of the Anglo Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities
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 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. Special Officer for Scheduled Castes, Scheduled Tribes etc
(1) There shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President
(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under this Constitution and report to the President upon the working of those safeguards at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament
(3) In this article references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause ( 1 ) of Article 340, by order specify and also to the Anglo Indian community
339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes
(1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of this Scheduled Tribes in the States The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable
(2) The executive power of the Union shall extend to the giving of directions to a State as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State
340. Appointment of a Commission to investigate the conditions of backward classes
(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission
(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper
(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament

341. Scheduled Castes
(1) The President may with respect to any State or Union territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause ( 1 ) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification
342. Scheduled Tribes
(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause ( 1 ) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification

PART XVII

OFFICIAL LANGUAGE

CHAPTER I

LANGUAGE OF THE UNION
343. Official language of the Union
(1) The official language of the Union shall be Hindi in Devanagari script The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals
(2) Notwithstanding anything in clause ( 1 ), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement: Provided that the president may, during the said period, by order authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union
(3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of
(a) the English language, or
(b) the Devanagari form of numerals, for such purposes as may be specified in the law
344. Commission and Committee of Parliament on official language
(1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the English Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission
(2) It shall be the duty of the Commission to make recommendations to the President as to
(a) the progressive use of the Hindi language for the official purposes of the Union;
(b) restrictions on the use of the English language for all or any of the official purposes of the Union;
(c) the language to be used for all or any of the purposes mentioned in Article 348;
(d) the form of numerals to be used for any one or more specified purposes of the Union;
(e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use
(3) In making their recommendations under clause ( 2 ), the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the jut claims and the interests of persons belonging to the non Hindi speaking areas in regard to the public services
(4) There shall be constituted a Committee consisting of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the council of States in accordance with the system of proportional representation by means of the single transferable vote
(5) It shall be the duty of the Committee to examine the recommendations of the Commission constituted under clause ( 1 ) and to report to the President their opinion thereon
(6) Notwithstanding anything in Article 343, the President may, after consideration of the report referred to in clause ( 5 ), issue directions in accordance with the whole or any part of that report

CHAPTER II

REGIONAL LANGUAGES
345. Official language or languages of a State Subject to the provisions of Article 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 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
(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides
(a) all proceedings in the Supreme Court and in every High Court,
(b) the authoritative texts
(i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,
(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and
(iii) of all orders, rules, regulations and bye laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language
(2) Notwithstanding anything in sub clause (a) of clause ( 1 ), the Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court
(3) Notwithstanding anything in sub clause (b) of clause ( 1 ), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye law referred to in paragraph (iii) of that sub clause, a translation of the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article
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
350. A Facilities for instruction in mother tongue at primary stage 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
350. B Special Officer for linguistic minorities
(1) There shall be a Special Officer for linguistic minorities to be appointed by the President
(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the president may direct, and the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned
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
(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, made a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation Explanation 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 or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof
(2) A Proclamation issued under clause (I) may be or revoked by a subsequent proclamation
(3) The President shall not issue a Proclamation under clause (I) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank under Article 75) that such a Proclamation may be issued has been communicated to him in writing
(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People
(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the proclamation under clause ( 4 ); Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased of operate under this clause Provided further that if the dissolution of the House of the People takes place during any such period of six months an a resolution approving the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days, a resolution approving the continuance in force of the proclamation has been also passed by the House of the People
(6) For the purpose of clause ( 4 ) and ( 5 ), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House present and voting
(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (l) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation
(8) Where a notice in writing signed by not less than one tenth of the total number of members of the House of the People has been given of, their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (l) or a Proclamation varying such Proclamation,
(a) to the Speaker, if the House is in session; or
(b) to the President, if the House is not in session, a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or as the case may be, by the President, for the purpose of considering such resolution
(9) The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or armed rebellion or imminent danger of war or external aggression or armed rebellion, whether or not here is a Proclamation already issued by the President under clause (l) and such Proclamation is in operation
353. Effect of Proclamation of Emergency While a Proclamation of Emergency is in operation, then
(a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised;
(b) the power of Parliament to make laws with respect to any matter shall include power 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 of the Union as respects that matter, notwithstanding that t is one which is not enumerated in the Union List; Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,
(i) the executive power of the Union to give directions under clause (a), and
(ii) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is 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
354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation (l) The President may, while a Proclamation of Emergency is in operation, by order direct that all or any of the provisions of Articles 268 to 279 shall for such period, not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specific in the order, have effect subject to such exceptions or modifications as he thinks fit
(2) Every order made under clause (l) shall, as soon as may be after it is made, be laid before each House of Parliament
355. Duty of the Union to protect States against external aggression and internal disturbance It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution
356. Provisions in case of failure of constitutional machinery in State
(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with he provisions of this Constitution, the President may be Proclamation
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution relating to any body or authority in the State Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation
(3) Every Proclamation issued under this article except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation Shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People
(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operating, but no such Proclamation shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People
(5) Notwithstanding anything contained in clause ( 4 ), a resolution with respect to the continuance in force of a Proclamation approved under clause ( 3 ) for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either House of Parliament unless
(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause ( 3 ) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned: Provided that in the case of the Proclamation issued under clause ( 1 ) on the 6 th day of October, 1985 with respect to the State of Punjab, the reference in this clause to any period beyond the expiration of two years
357. Exercise of legislative powers under Proclamation issued under Article 356
(1) Whereby 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
(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub clause (a) of clause ( 1 ) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under Article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority
358. Suspension of provisions of Article 19 during emergencies
(1) 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, 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 in competency, 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 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
(2) Nothing in clause ( 1 ) shall apply (a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or (b) to any executive action taken otherwise than under a law containing such a recital
359. Suspension of the enforcement of the rights conferred by Part III during emergencies
(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except Article 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order
(1A) While an order made under clause ( 1 ) mentioning any of the rights conferred by Part III (except Article 20 and 21) is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions containing in that Part be competent to make or to take, but any law so made shall, to the extent of the in competency, cease to have effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect Provided that where a Proclamation of Emergency 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
(1B) Nothing in clause ( 1A ) shall apply
(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or
(b) to any executive action taken otherwise than under a law containing such a recital
(2) An order made as aforesaid may extend to the whole or any part of the territory of India: Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that 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, considers such extension to be necessary
(3) Every order made under clause ( 1 ) shall, as soon may be after it is made, be laid before each House of Parliament
360. Provisions as to financial emergency
(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect
(2) A Proclamation issued under clause ( 1 )
(a) may be revoked or varied by a subsequent Proclamation;
(b) shall be laid before each House of Parliament;
(c) shall cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub clause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the ate on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People
(3) During the period any such Proclamation as is mentioned in clause ( 1 ) is in operation, the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose
(4) Notwithstanding anything in this Constitution
(a) any such direction may include
(i) a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State;
(ii) a provision requiring all Money Bills or other Bills to which the provisions of Article 207 apply to be reserved for the consideration of the President after they are passed by the Legislature of the State;
(b) it shall be competent for the President during the period any Proclamation issued under this article is in operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts

PART XIX

MISCELLANEOUS
361. Protection of President and Governors and Rajpramukhs
(1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties: Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under Article 61: Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Governor of India or the Government of a State
(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office
(3) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office
(4) any civil proceedings in which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or Governor, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims
361. A Protection of publication of proceedings of Parliament and State Legislature
(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice: Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State
(2) Clause ( 1 ) shall apply in relation to reports or matters broadcast, by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper Explanation In this article, newspaper includes a news agency report containing material for publication in a newspaper
362. Rights and privileges of Rulers of Indian States Rep by the Constitution (Twenty sixth Amendment) Act, 1971 ,
363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc
(1) Notwithstanding anything in this Constitution but subject to the provisions of Article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument
(2) In this article
(a) Indian State means any territory recognised before the commencement of this Constitution by His Majesty or the Government of the Dominion of India as being such a State; and
(b) Ruler includes the Prince, Chief or other person recognised before such commencement by His Majesty or the Government of the Dominion of India as the Ruler of any Indian State
363. A Recognition granted to Rulers of Indian States to cease and privy purses to be abolished Notwithstanding anything in this Constitution or in any law for the time being in force
(a) the Prince, Chief or other person who, at any time before the commencement or the Constitution (Twenty sixth Amendment) Act, 1971 , was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler shall, on and from such commencement, cease to be recognised as such Ruler or the successor of such Ruler;
(b) on and from the commencement of the Constitution (Twenty sixth Amendment) Act, 1971 , privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in clause (a) or any other person shall not be paid any sum as privy purse
364. Special provisions as to major ports and aerodromes
(1) Notwithstanding anything in this Constitution, the President may by public notification direct that as from such date as may be specified in the notification
(a) any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or
(b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification
(2) In this article
(a) major port means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port;
(b) aerodrome means aerodrome as defined for the purposes of the enactment s relating to airways, aircraft and air navigation
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 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. Definition In this Constitution, unless the context otherwise requires, the following expressions have l, the meanings hereby respectively assigned to them, that is to say
(1) agricultural income means agricultural income as defined for the purposes of the enactments relating to Indian income tax;
(2) an Anglo Indian means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only;
(3) article means an article of this Constitution;
(4) borrow includes the raising of money by the grant of annuities, and loan shall be construed accordingly;
(5) clause means a clause of the article in which the expression occurs;
(6) corporation tax means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the following conditions are fulfilled:
(a) that it is not chargeable in respect of agricultural income;
(b) that no deduction in respect of the tax paid by companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals;
(c) that no provision exists for taking the tax so paid into account in computing for the purposes of Indian income tax the total income of individuals receiving such dividends, or in computing the Indian income tax payable by, or refundable to, such individuals;
(7) corresponding Province, corresponding Indian State or corresponding State means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question;
(8) debt includes any liability in respect of any obligation to repay capital sums by way of annuity and any liability under any guarantee, and debt charges shall be construed accordingly;
(9) estate duty means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass;
(10) existing law means any law, Ordinance, order, bye law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye law, rule or regulation;
(11) Federal Court means the Federal Court constituted under the Government of India Act, 1935 ;
(12) goods includes all materials, commodities, and articles;
(13) guarantee includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount;
(14) High Court means any court which is deemed for the purposes of this Constitution to be a High Court for any State and includes
(a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and
(b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution;
(15) Indian State means any territory which the Government of the Dominion of India recognised as such a State;
(16) Part means a part of this Constitution;
(17) pension means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable, a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund;
(18) Proclamation of Emergency means a Proclamation issued under clause ( 1 ) of Article 352;
(19) public notification means a notification in the Gazette of India, or, as the case may be, the Official Gazette of a State;
(20) railway does not include
(a) a tramway wholly within a municipal area, or
(b) any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway;
(22) Ruler means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty sixth Amendment) Act, 1971 , was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler;
(23) Schedule means a Schedule to this Constitution;
(24) Scheduled Castes means such cases, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this Constitution;
(25) Scheduled Tribes means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution;
(26) securities includes stock;
(27) sub clause means a sub clause of the clause in which the expression occurs;
(28) taxation includes the imposition of any tax or impost, whether general or local or special, and tax shall be construed accordingly;
(29) tax on income includes a tax in the nature of an excess profits tax;
(29A) tax on the sale or purchase of goods includes
(a) a tax on the transfer, otherwise than in pursuance of a contact, of property in any goods for cash, deferred payment or other valuable consideration;
(b) a tax on the transfer of property in goods (whether as goods or in some other form) invoked in the execution of a works contract;
(c) a tax on the delivery of goods on hire purchase or any system of payment by instalments;
(d) a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration;
(e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration;
(f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made;
(30) Union territory means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule
367. Interpretation
(1) Unless the context otherwise requires, the General Clauses Act, 1897 , shall, subject to any adaptations and modifications that may be made therein under Article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India
(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor, as the case may be
(3) For the purposes of this Constitution foreign State means any State other than India: Provided that, subject to the provisions of any law made by Parliament, the President may by order declare any State not to be a foreign State for such purposes as may be specified in the order PART XX AMENDMENT OF THE CONSTITUTION
368. Power of Parliament to amend the Constitution and procedure therefor
(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
(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in
(a) Article 54, Article 55, Article 73, Article 162 or Article 241, or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
(c) any of the Lists in the Seventh Schedule, or
(d) the representation of States in Parliament, or
(e) the provisions of this article, the amendment shall also require to be ratified by the Legislature of not less than one half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent
(3) Nothing in Article 13 shall apply to any amendment made under this article
(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of Section 55 of the Constitution (Forty second Amendment) Act, 1976 shall be called in question in any court on any ground
(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
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:
(a) trade and commerce within a State in, and in production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), foodstuffs (including edible oilseeds and oil), cattle fodder (including oil cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;
(b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court; but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof
370. Temporary provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything in this Constitution,
(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to
(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify Explanation For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharajas Proclamation dated the fifth day of March, 1948 ;
(c) the provisions of Article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub clause (b) of clause ( 1 ) or in the second proviso to sub clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause ( 2 ) shall be necessary before the President issues such a notification
371. Special provision with respect to the States of Maharashtra and Gujarat
(2) Notwithstanding anything in this Constitution, the President may by order made with respect to the State of Maharashtra or Gujarat, provide for any special responsibility of the Governor for
(a) the establishment of separate development boards for Vidarbha, Marathwada, and the rest of Maharashtra or, as the case may be, Saurashtra, Kutch and the rest of these boards will be placed each year before the State Legislative Assembly;
(b) the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and
(c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in service under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole
371A. Special provision with respect to the State of Nagaland
(1) 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 estalished 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
(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf,
(a) the administration of the Tuensang district shall be carried on by the Governor;
(b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;
(c) no Act of the Legislature of Nagaland shall apply to the Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council: Provided that any direction given under this sub clause may be given so as to have retrospective effect;
(d) the Governor may make regulations for the peace, progress and good government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district;
(e)
(i) one of the members representing the Tuensang district in the Legislative Assembly of nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid;
(ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same;
(f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion;
(g) in articles 54 and 55 and clause ( 4 ) of Article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article;
(h) in Article 170
(i) clause ( 1 ) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word sixty, the words forty six had been substituted;
(ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article;
(iii) in clauses ( 2 ) and ( 3 ), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts
371B. Special provision with respect to the State of Assam 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
371C. Special provision with respect to the State of Manipur
(1) 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
(2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas Explanation In this article, the expression Hill Areas means such areas as the President may, by order, declare to be Hill Areas
371D. Special provisions with respect to the state of Andhra Pradesh
(1) The president may by order made with respect to the state of Andhra Pradesh provide, having regard to the requirements of the state as a whole, for equitable opportunities and facilities for the people belonging to different parts of state, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the state
(2) An order made under clause ( 1 ) may, in particular,
(a) require the state Government to organise any class or classes of posts in a civil service of, or any classes of civil post of state and allot in accordance with such principal and procedure as may be specified in the order the persons holding such post to the local cadres so organised;
(b) specify any part or parts of the state which shall be regarded as the local area
(i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwise) under the State Government;
(ii) for direct recruitment to posts in any cadre under any local authority within the State; and
(iii) for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government;
(c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made
(i) in the matter of direct recruitment to posts in any such cadre referred to in sub clause (b) as may be specified in this behalf in the order;
(ii) in the matter of admission to any such University or other educational institution referred to in sub clause (b) as may be specified in this behalf in the order, to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be
(3) The President may, by order, provide for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority including any jurisdiction, power and authority which immediately before the commencement of the constitution (Thirty second Amendment) Act, 1973 , was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority as may be specified in the order with respect to the following matters, namely:
(a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;
(b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;
(c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order
(4) An order made under clause ( 3 ) may
(a) authorise the Administrative Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit;
(b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary;
(c) provide for the transfer of the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order;
(d) contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary
(5) The order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier: Provided that the State Government may, by special order made in writing and for reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be
(6) Every special order made by the State Government under the proviso to clause ( 5 ) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature
(7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal
(8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition
(9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,
(a) no appointment, posting, promotion or transfer of any person
(i) made before the 1 st day of November, 1956 , to any post under the Government of, or any local authority within, the State of Hyderabad as it existed before that date; or
(ii) made before the commencement of the Constitution (Thirty second Amendment) Act, 1973 , to any post under the Government of, or any local or other authority within, the State of Andhra Pradesh; and
(b) no action taken or thing done by or before any person referred to in sub clause (a), shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer
(10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force
371E. Establishment of Central University in Andhra Pradesh 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 Notwithstanding anything in this Constitution,
(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;
(b) as from the date of commencement of the Constitution (Thirty sixth Amendment) Act, 1975 , (hereafter in this article referred to as the appointed day)
(i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
(ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and
(iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;
(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of five years in clause ( 1 ) of Article 172 shall be construed as references to a period of four years and the said period of four years shall be deemed to commence from the appointed day;
(d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;
(e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;
(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;
(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;
(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;
(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;
(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;
(k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority;
(l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;
(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of Article 143;
(n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;
(o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the president may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day;
(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty sixth Amendment) Act, 1975 , be deemed for all purposes to have been validly done or taken under this Constitution as so amended
371G. Special provision with respect to the State of Mizoram Notwithstanding anything in this Constitution,
(a) no Act of President in respect of
(i) religious or social practices of the Mizos,
(ii) Mizo customary law and procedure,
(iii) administration of civil and criminal justice involving decisions according to Mizo customary law,
(iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides: Provided that nothing in this clause shall apply to any Central Act in force in the union territory of Mizoram immediately before the commencement of the Constitution (Fifty third Amendment) Act, 1986 ;
(b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members
371H. Special provision with respect to the State of Arunachal Pradesh Notwithstanding anything in this Constitution,
(a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh 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 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 Arunachal Pradesh, 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;
(b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members
371I. Special provision with respect to the State of Goa Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members
372. Continuance in force of existing laws and their adaptation
(1) Notwithstanding the repeal by this Constitution of the enactments referred to in Article 395 but subject to the other provisions of this Constitution, all the laws in force in the territory of India immediately before the commencement of this Constitution, all the laws in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority
(2) For the purpose of bringing the provisions of any law in force in the territory of India into accord with the provisions of this Constitution, the President may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law
(3) Nothing in clause ( 2 ) shall be deemed
(a) to empower the President to make any adaptation or modification of any law after the expiration of three years from the commencement of this Constitution; or
(b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause Explanation I The expression law in force in this article shall include a law passed or made by a legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas Explanation II Any law passed or made by a legislature or other competent authority in the territory of India which immediately before the commencement of this Constitution had extra territorial effect as well as effect in the territory of India shall, subject to any such adaptations and modifications as aforesaid, continue to have such extra territorial effect Explanation III Nothing in this article shall be construed as continuing any temporary law in force beyond the date fixed for its expiration or the date on which it would have expired if this Constitution had not come into force Explanation IV An Ordinance promulgated by the Governor of a Province under Section 88 of the Government of India Act, 1935 , and in force immediately before the commencement of this Constitution shall, unless withdrawn by the Governor of the corresponding State earlier, cease to operate at the expiration of six weeks from the first meeting after such commencement of the Legislative Assembly of that State functioning under clause ( 1 ) of Article 382, and nothing in this article shall be construed as continuing any such Ordinance in force beyond the said period
372. A Power of the President to adapt laws
(1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956 , into accord with the provisions of this Constitution as amended by that Act, the President may by order made before the 1 st day of November, 1957 make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law
(2) Nothing in clause ( 1 ) shall be deemed to prevent a competent legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause
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 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 ( 1 ) The Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under Article 125 in respect of the Judges of the Supreme Court
(2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under Article 125 in respect of the Judges of the Supreme Court
(3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgement, decree or order of any court within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution
(4) On and from the commencement of this Constitution the jurisdiction of the authority functioning as the Privy Council in a State specified in Part B of the First Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the Supreme Court
(5) Further provision may be made by Parliament by law to give effect to the provisions of this article
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
(1) Notwithstanding anything in this clause ( 2 ) of Article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under Article 221 in respect of the Judges of such High Court Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court
(2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, notwithstanding anything in clauses ( 1 ) and ( 2 ) of Article 217 but subject to the proviso to clause ( 1 ) of that article, continue to hold office until the expiration of such period as the President may by order determine In this article, the expression Judge does not include an acting Judge or an additional Judge
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
(1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses ( 1 ) and ( 2 ) of Article 316 but subject to the proviso to clause ( 2 ) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members
(2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses ( 1 ) and ( 2 ) of Article 316 but subject to the proviso to clause ( 2 ) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members
378A. Special provision as to duration of Andhra Pradesh Legislative Assembly 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 379 391 Repealed by the Constitution (Seventh Amendment) Act, 1956 , S 29 and Sch
392. Power of the President to remove difficulties
(1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935 , to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient: Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V
(2) Every order made under clause ( 1 ) shall be laid before Parliament
(3) The powers conferred on the President by this article, by Article 324, by clause ( 3 ) of Article 367 and by Article 391 shall, before the commencement of this Constitution, be exercisable by the Governor General of the Dominion of India

PART XXII SHORT TITLE,

COMMENCEMENT 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
395. Repeals The Indian Independence Act, 1947 , and the Government of India Act, 1935 , together with all enactment s amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949 , are hereby repealed


FIRST SCHEDULE

Articles 1 and 4 I

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 ( 1 ) 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
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
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 Reorganisation Act, 1956 but excluding the territory specified in the Schedule to the Andhra Pradesh and Mysore (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 referred 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 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 in 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 The territory which immediately before the commencement of this Constitution are comprised in the Indian State of Jammu and Kashmir
16. Nagaland The territories specified in sub section ( 1 ) of section 3 of the State of Nagaland 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 (b) of sub section ( 1 ) of section 4 of that Act
18. Himachal Pradesh The territories which immediately before the 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 Commissioners 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 Commissioners 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 in Sikkim
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, Daman and Diu Reorganisation Act, 1987 II THE UNION TERRITORIES
1. Delhi The territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioners Province of Delhi
2. The Andaman and The territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioners Province of the Andaman and Nicobar Islands
3. Lakshadweep The territory specified in section 6 of the States Reorganisation Act, 1956
4. Dadra and Nagar The territory which immediately before the eleventh day of August, 1961 was comprised in Free Dadra and Nagar Haveli
5. Daman and Diu The territories specified in section 4 of the Goa, Daman and 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

SECOND SCHEDULE Articles 59 ( 3 ), 65 ( 3 ), 75 ( 6 ), 97, 125, 148 ( 3 ), 158 ( 3 ), 164 ( 5 ), 186 and 221

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 following emoluments per mensem, that is to say: The President 10, 000 rupees The Governor of a State 5, 500 rupees
2. There shall also be paid to the President and to the Governors of the States 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 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

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 AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL OF A STATE
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 and to the Chairman and the Deputy Chairman of the Legislative Council of a State 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
9.
(1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say: The Chief Justice 10, 000 rupees Any other Judge 9, 000 rupees: Provided that if a Judge of the Supreme 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 Supreme 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
(2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official residence
(3) Nothing in sub paragraph ( 2 ) of this paragraph shall apply to a Judge who, immediately before the commencement of this Constitution,
(a) was holding office as the Chief Justice of the Federal Court and has become on such commencement the Chief Justice of the Supreme Court under clause ( 1 ) of article 374, or
(b) was holding office as any other Judge of the Federal Court and has on such commencement become a Judge (other than the Chief Justice) of the Supreme Court under the said clause, during the period he holds office as such Chief Justice or other Judge, and every Judge who so becomes the Chief Justice or other Judge of the Supreme Court shall, in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, be entitled to receive in addition to the salary specified in sub paragraph ( 1 ) of this paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement
(4) Every Judge of the Supreme Court shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as the President may from time to time prescribe
(5) The rights in respect of leave of absence (including leave allowances) and pension of the Judges of the Supreme Court shall be governed by the provisions which, immediately before the commencement of this Constitution, were applicable to the Judges of the Federal Court
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 Any other Judge 8, 000 rupees: 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
(2) Every person who immediately before the commencement of this Constitution
(a) was holding office as the Chief Justice of a High Court in any Province and has on such commencement become the Chief Justice of the High Court in the corresponding State under clause ( 1 ) of article 376, or
(b) was holding office as any other Judge of a High Court in any Province and has on such commencement become a Judge (other than the Chief Justice) of the High Court in the corresponding State under the said clause, shall, if he was immediately before such commencement drawing a salary at a rate higher than that specified in sub paragraph ( 1 ) of this paragraph, be entitled to receive in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, in addition to the salary specified in the said sub paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement
(3) Any person who, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956 , was holding office as the Chief Justice of the High Court of a State specified in Part B of the First Schedule and has on such commencement become the Chief Justice of the High Court of a State specified in the said Schedule as amended by said Act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to the salary specified in sub paragraph ( 1 ) of this paragraph
11. In this Part, unless the context otherwise requires
(a) the expression Chief Justice includes an acting Chief Justice, and a Judge includes an ad hoc Judge;
(b) actual service includes
(i) time spent by a Judge on duty as a Judge or in the performance of such other functions as he may at the request of the President undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent on leave; and
(iii) joining time on transfer from a High Court to the Supreme Court or from one High Court to another

PART E PROVISIONS AS TO THE COMPTROLLER AND AUDITOR GENERAL OF INDIA
12.
(1) There shall be paid to the Comptroller and Auditor General of India a salary at the rate of four thousand 2 rupees per mensem,
(2) The person who was holding office immediately before the commencement of this Constitution as Auditor General of India and has become on such commencement the Comptroller and Auditor General of India under article 377 shall in addition to the salary specified in sub paragraph ( 1 ) of this paragraph be entitled to receive as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing as Auditor General of India immediately before such commencement
(3) The rights in respect of leave of absence and pension and the other conditions of service of the Comptroller and Auditor General of India shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the Auditor General of India immediately before the commencement of this Constitution and all references in those provisions to the Governor General shall be construed as references to the President THIRD SCHEDULE Articles 75 ( 4 ), 99, 124 ( 6 ), 148 ( 2 ), 164 ( 3 ), 188 and 2191 Forms of Oaths or Affirmations I Form of oath of office for a Minister for the Union: I, A B, do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will II Form of oath of secrecy for a Minister for the Union: I, A B, do that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister III A Form of oath or affirmation to be made by a candidate for election to Parliament: I, A B, having been nominated as a candidate to fill a seat in the Council of States (or the House of the People) do that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India B Form of oath or affirmation to be made by a member of Parliament: I, A B, having been elected (or nominated) a member of the Council of States (or the House of the People) do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter IV Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor General of India: I, A B, having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or Comptroller and Auditor General of India) do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill will and that I will uphold the Constitution and the laws V Form of oath of office for a Minister for a State: I, A B, do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the State of and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill will VI Form of oath of secrecy for a Minister for a State: I, A B, do that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of except as may be required for the due discharge of my duties as such Minister VII A Form of oath or affirmation to be made by a candidate for election to the Legislature of a State: I, A B, having been nominated as a candidate to fill a seat in Legislative Assembly (or Legislative Council), do that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India B Form of oath or affirmation to be made by a member of the Legislature of a State: I, A B, having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do that I will bear true faith and allegi ance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter VIII Form of oath or affirmation to be made by the Judges of a High Court: I, A B, having been appointed Chief Justice (or a Judge) of the High Court at (or of) do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge, and judgment perform the duties of my office without fear or favour, affection or ill will and that I will uphold the Constitution and the laws FOURTH SCHEDULE Articles 4 ( 1 ) and 80 ( 2 ) Allocation of seats in the Council of States For each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union territory, as the case may be

Table
1. Andhra Pradesh 18
2. Assam 7
3. Bihar 22
4. Goa 1
5. Gujarat 11
6. Haryana 5
7. Kerala 9
8. Madhya Pradesh 16
9. Tamil Nadu 18
10. Maharashtra 19
11. Karnataka 12
12. Orissa 10
13. Punjab 7
14. Rajasthan 10
15. Uttar Pradesh 34
16. West Bengal 16
17. Jammu and Kashmir 4
18. Nagaland 1
19. Himachal Pradesh 3
20. Manipur 1
21. Tripura 1
22. Meghalaya 1
23. Sikkim 1
24. Mizoram 1
25. Arunachal Pradesh 1
26. Delhi 3
27. Pondicherry 1 Total 233 FIFTH SCHEDULE Article 244 ( 1 ) Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes PART A General
1. Interpretation In this Schedule, unless the context otherwise requires, the expression State does not include the States of Assam, Meghalaya, Tripura and Mizoram
2. Executive power of a State in Scheduled Areas Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein
3. Report by the Governor to the President regarding the administration of Scheduled Areas The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas

PART B ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES
4. Tribes Advisory Council
(1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State: Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes
(2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor
(3) The Governor may make rules prescribing or regulating, as the case may be,
(a) the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof,
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters
5. Law applicable to Scheduled Areas
(1) Notwithstanding anything in this Constitution, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub paragraph may be given so as to have retrospective effect
(2) The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area In particular and without prejudice to the generality of the foregoing power, such regulations may
(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled Tribes in such area;
(c) regulate the carrying on of business as money lender by persons who lend money to members of the Scheduled Tribes in such area
(3) In making any such regulation as is referred to in sub paragraph ( 2 ) of this paragraph, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question
(4) All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect
(5) No regulation shall be made under this paragraph unless the Government making the regulation has, in the case where there is a Tribes Advisory Council for the State, consulted such Council PART C SCHEDULED AREAS
6. Scheduled Areas
(1) In this Constitution, the expression Scheduled Areas means such areas as the President may by order 2 declare to be Scheduled Areas
(2) The President may at any time by order 2
(a) direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area;
(aa) increase the area of any Scheduled Area in a State after consultation with the Governor of that State;
(b) alter, but only by way of rectification of boundaries, any Scheduled Area;
(c) on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area;
(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are as to be Scheduled Areas, and any such order may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under sub paragraph ( 1 ) of this paragraph shall not be varied by any subsequent order

PART D AMENDMENT OF THE SCHEDULE
7. Amendment of the Schedule
(1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended
(2) No such law as is mentioned in sub paragraph ( 1 ) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368 SIXTH SCHEDULE Articles 244 ( 2 ) and 275 ( 1 ) Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram
1. Autonomous districts and autonomous regions
(1) Subject to the provisions of this paragraph, the tribal areas in each item of Parts I, II and IIA and in Part III of the table appended to paragraph 20 of this Schedule shall be an autonomous district
(2) If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions
(3) The Governor may, by public notification,
(a) include any area in any of the Parts of the said table,
(b) exclude any area from any of the Parts of the said table,
(c) create a new autonomous district,
(d) increase the area of any autonomous district,
(e) diminish the area of any autonomous district,
(f) unite two or more autonomous districts or parts thereof so as to form one autonomous district,
(ff) alter the name of any autonomous district,
(g) define the boundaries of any autonomous district: Provided that no order shall be made by the Governor under clauses (c), (d), (e) and (f) of this sub paragraph except after consideration of the report of a Commission appointed under sub paragraph ( 1 ) of paragraph 14 of this Schedule: Provided further that any order made by the Governor under this sub paragraph may contain such incidental and consequential provisions (including any amendment of paragraph 20 and of any item in any of the Parts of the said table) as appear to the Governor to be necessary for giving effect to the provisions of the order
2. Constitution of District Councils and Regional Councils
(1) There shall be a District Council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage
(2) There shall be a separate Regional Council for each area constituted an autonomous region under sub paragraph ( 2 ) of paragraph 1 of this Schedule
(3) Each District Council and each Regional Council shall be a body corporate by the name respectively of the District Council of (name of district) and the Regional Council of (name of region), shall have perpetual succession and a common seal and shall by the said name sue and be sued
(4) Subject to the provisions of this Schedule, the administration of an autonomous district shall, in so far as it is not vested under this Schedule in any Regional Council within such district, be vested in the District Council for such district and the administration of an autonomous region shall be vested in the Regional Council for such region
(5) In an autonomous district with Regional Councils, the District Council shall have only such powers with respect to the areas under the authority of the Regional Council as may be delegated to it by the Regional Council in addition to the powers conferred on it by this Schedule with respect to such areas
(6) The Governor shall make rules for the first constitution of District Councils and Regional Councils in consultation with the existing tribal Councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall provide for
(a) the composition of the District Councils and Regional Councils and the allocation of seats therein;
(b) the delimitation of territorial constituencies for the purpose of elections to those Councils;
(c) the qualifications for voting at such elections and the preparation of electoral rolls therefor;
(d) the qualifications for being elected at such elections as members of such Councils;
(e) the term of office of members of Regional Councils;
(f) any other matter relating to or connected with elections or nominations to such Councils;
(g) the procedure and the conduct of business including the power to act notwithstanding any vacancy in the District and Regional Councils;
(h) the appointment of officers and staff of the District and Regional Councils
(6A) The elected members of the District Council shall hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections to the Council, unless the District Council is sooner dissolved under paragraph 16 and a nominated member shall hold office at the pleasure of the Governor: Provided that the said period of five years may, while a Proclamation of Emergency is in operation or if circumstances exist which, in the opinion of the Governor, render the holding of elections impracticable, be extended by the Governor for a period not exceeding one year at a time and in any case where a Proclamation of Emergency is in operation not extending beyond a period of six months after the Proclamation has ceased to operate: Provided further that a member elected to fill a casual vacancy shall hold office only for the remainder of the term of office of the member whom he replaces
(7) The District or the Regional Council may after its first constitution make rules with the approval of the Governor with regard to the matters specified in sub paragraph ( 6 ) of this paragraph and may also make rules with like approval regulating
(a) the formation of subordinate local Councils or Boards and their procedure and the conduct of their business; and
(b) generally all matters relating to the transaction of business pertaining to the administration of the district or region, as the case may be: Provided that until rules are made by the District or the Regional Council under this sub paragraph the rules made by the Governor under sub paragraph ( 6 ) of this paragraph shall have effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such Council
3. Powers of the District Councils and Regional Councils to make laws
(1) The Regional Council for an autonomous region in respect of all areas within such region and the District Council for an autonomous district in respect of all areas within the district except those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to
(a) the allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town: Provided that nothing in such laws shall prevent the compulsory acquisition of any land, whether occupied or unoccupied, for public purposes by the Government of the State concerned in accordance with the law for the time being in force authorising such acquisition;
(b) the management of any forest not being a reserved forest;
(c) the use of any canal or water course for the purpose of agriculture;
(d) the regulation of the practice of jhum or other forms of shifting cultivation;
(e) the establishment of village or town committees or councils and their powers;
(f) any other matter relating to village or town administration, including village or town police and public health and sanitation;
(g) the appointment or succession of Chiefs or Headmen;
(h) the inheritance of property;
(i) marriage and divorce;
(j) social customs
(2) In this paragraph, a reserved forest means any area which is a reserved forest under the Assam Forest Regulation, 1891 , or under any other law for the time being in force in the area in question
(3) All laws made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect
4. Administration of justice in autonomous districts and autonomous regions
(1) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of areas within the district other than those which are under the authority of the Regional Councils, if any, within the district may constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of sub paragraph ( 1 ) of paragraph 5 of this Schedule apply, to the exclusion of any court in the State, and may appoint suitable persons to be members of such village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this Schedule
(2) Notwithstanding anything in this Constitution, the Regional Council for an autonomous region or any court constituted in that behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in that behalf by the District Council, shall exercise the powers of a court of appeal in respect of all suits and cases triable by a village council or court constituted under sub paragraph ( 1 ) of this paragraph within such region or area, as the case may be, other than those to which the provisions of sub paragraph ( 1 ) of paragraph 5 of this Schedule apply, and no other court except the High Court and the Supreme Court shall have jurisdiction over such suits or cases
(3) The High Court shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub paragraph ( 2 ) of this paragraph apply as the Governor may from time to time by order specify
(4) A Regional Council or District Council, as the case may be, may with the previous approval of the Governor make rules regulating
(a) the constitution of village councils and courts and the powers to be exercised by them under this paragraph;
(b) the procedure to be followed by village councils or courts in the trial of suits and cases under sub paragraph ( 1 ) of this paragraph;
(c) the procedure to be followed by the Regional or District Council or any court constituted by such Council in appeals and other proceedings under sub paragraph ( 2 ) of this paragraph;
(d) the enforcement of decisions and orders of such Councils and courts:
(e) all other ancillary matters for the carrying out of the provisions of sub paragraphs ( 1 ) and ( 2 ) of this paragraph
(5) On and from such date as the President may, after consulting the Government of the State concerned, by notification appoint in this behalf, this paragraph shall have effect in relation to such autonomous district or region as may be specified in the notification, as if
(i) in sub paragraph ( 1 ), for the words between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of sub paragraph ( 1 ) of paragraph 5 of this Schedule apply,, the words not being suits and cases of the nature referred to in sub paragraph ( 1 ) of paragraph ( 5 ) of this Schedule, which the Governor may specify in this behalf, had been substituted;
1258156 ii sub paragraphs ( 2 ) and ( 3 ) had been omitted; 476222 iii in sub paragraph ( 4 )
190524 a for the words A Regional Council or District Council, as the case may be, may with the previous approval of the Governor make rules regulating, the words the Governor may make rules regulating had been substituted; and 1806826 b for clause (a), the following clause had been substituted, namely: 190524 a the constitution of village councils and courts, the powers to be exercised by them under this paragraph and the courts to which appeals from the decisions of village councils and courts shall lie; 1514862 c for clause (c), the following clause had been substituted, namely: 343070 c the transfer of appeals and other proceedings pending before the Regional or District Council or any court constituted by such Council immediately before the date appointed by the President under sub paragraph ( 5 ); and 160806 d in clause (e), for the words, brackets and figures sub paragraphs ( 1 ) and ( 2 ), the word, brackets and figure sub paragraph ( 1 ) had been substituted
5. Conferment of powers under the Code of Civil Procedure, 1908 , and the Code of Criminal Procedure, 1898 , 1 on the Regional and District Councils and on certain courts and officers for the trial of certain suits, cases and offences
(1) The Governor may, for the trial of suits or cases arising out of any law in force in any autonomous district or region being a law specified in that behalf by the Governor, or for the trial of offences punishable with death, transportation for life, or imprisonment for a term of not less than five years under the Indian Penal Code or under any other law for the time being applicable to such district or region, confer on the District Council or the Regional Council having authority over such district or region or on courts constituted by such District Council or on any officer appointed in that behalf by the Governor, such powers under the Code of Civil Procedure, 1908 , or, as the case may be, the Code of Criminal Procedure, 18981, as he deems appropriate, and thereupon the said Council, court or officer shall try the suits, cases or offences in exercise of the powers so conferred
(2) The Governor may withdraw or modify any of the powers conferred on a District Council, Regional Council, court or officer under sub paragraph ( 1 ) of this paragraph
(3) Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908 , and the Code of Criminal Procedure, 18981, shall not apply to the trial of any suits, cases or offences in an autonomous district or in any autonomous region to which the provisions of this paragraph apply
(4) On and from the date appointed by the President under sub paragraph ( 5 ) of paragraph 4 in relation to any autonomous district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the Governor to confer on the District Council or Regional Council or on courts constituted by the District Council any of the powers referred to in sub paragraph ( 1 ) of this paragraph
6. Powers of the District Council to establish primary schools, etc
(1) The District Council for an autonomous district may establish, construct, or manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries, roads, road transport and waterways in the district and may, with the previous approval of the Governor, make regulations for the regulation and control thereof and, in particular, may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district
(2) The Governor may, with the consent of any District Council, entrust either conditionally or unconditionally to that Council or to its officers functions in relation to agriculture, animal husbandry, community projects, co operative societies, social welfare, village planning or any other matter to which the executive power of the State extends
7. District and Regional Funds
(1) There shall be constituted for each autonomous district, a District Fund for each autonomous region, a Regional Fund to which shall be credited all moneys received respectively by the District Council for that district and the Regional Council for that region in the course of the administration of such district or region, as the case may be, in accordance with the provisions of this Constitution
(2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid
(3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept in such form as the Comptroller and Auditor General of India may, with the approval of the President, prescribe
(4) The Comptroller and Auditor General shall cause the accounts of the District and Regional Councils to be audited in such manner as he may think fit, and the reports of the Comptroller and Auditor General relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Council
8. Powers to assess and collect land revenue and to impose taxes
(1) The Regional Council for an autonomous region in respect of all lands within such region and the District Council for an autonomous district in respect of all lands within the district except those which are in the areas under the authority of Regional Councils, if any, within the district, shall have the power to assess and collect revenue in respect of such lands in accordance with the principles for the time being followed by the Government of the State in assessing lands for the purpose of land revenue in the State generally
(2) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of all areas in the district except those which are under the authority of Regional Councils, if any, within the district, shall have power to levy and collect taxes on lands and buildings, and tolls on persons, resident within such areas
(3) The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say
(a) taxes on professions, trades, callings and employments;
(b) taxes on animals, vehicles and boats;
(c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and
(d) taxes for the maintenance of schools, dispensaries or roads
(4) A Regional Council or District Council, as the case may be, may make regulations to provide for levy and collection of any of the taxes specified in sub paragraphs ( 2 ) and ( 3 ) of this paragraph and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect
39. Licences or leases for the purpose of prospecting for, or extraction of, minerals
(1) Such share of the royalties accruing each year from licences or leases for the purpose of prospecting for, or the extraction of, minerals granted by the Government of the State in respect of any area within an autonomous district as may be agreed upon between the Government of the State and the District Court of such district shall be made over to that District Council
(2) If any dispute arises as to the share of such royalties to be made over to a District Council, it shall be referred to the Governor for determination and the amount determined by the Governor in his discretion shall be deemed to be the amount payable under sub paragraph ( 1 ) of this paragraph to the District Council and the decision of the Governor shall be final
310. Power of District Council to make regulations for the control of money lending and trading by non tribals
(1) The District Council of an autonomous district may make regulations for the regulation and control of money lending or trading within the district by persons other than Scheduled Tribes resident in the district
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may
(a) prescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money lending;
(b) prescribe the maximum rate of interest which may be charged or be recovered by a money lender;
(c) provide for the maintenance of accounts by money lenders and for the inspection of such accounts by officers appointed in that behalf by the District Council;
(d) prescribe that no person who is not a member of the Scheduled Tribes resident in the district shall carry on wholesale or retail business in any commodity except under a licence issued in that behalf by the District Council: Provided that no regulations may be made under this paragraph unless they are passed by a majority of not less than three fourths of the total membership of the District Council: Provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money lender or a trader who has been carrying on business within the district since before the time of making of such regulations
(3) All regulations made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect
11. Publication of laws, rules and regulations made under the Schedule All laws, rules and regulations made under this Schedule by a District Council or a Regional Council shall be published forthwith in the Official Gazette of the State and shall on such publication have the force of law
112. Application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in the State of Assam
(1) Notwithstanding anything in this Constitution
(a) no Act of the Legislature of the State of Assam in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Assam prohibiting or restricting the consumption of any non distilled alcoholic liquor shall apply to any autonomous district or autonomous region in the State unless in either case the District Council for such district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall in its application to such district or region or any part thereof have effect subject to such exceptions or modifications as it thinks fit;
(b) the Governor may, by public notification, direct that any Act of Parliament or of the Legislature of the State of Assam to which the provisions of clause (a) of this sub paragraph do not apply shall not apply to an autonomous district or an autonomous region in that State, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification
(2) Any direction given under sub paragraph ( 1 ) of this paragraph may be given so as to have retrospective effect
12A. Application of Acts of Parliament and of the Legislature of the State of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya Notwithstanding anything in this Constitution,
(a) if any provision of a law made by a District or Regional Council in the State of Meghalaya with respect to any matter specified in sub paragraph ( 1 ) of paragraph 3 of this Schedule or if any provision of any regulation made by a District Council or a Regional Council in that State under paragraph 8 or paragraph 10 of this Schedule, is repugnant to any provision of a law made by the Legislature of the State of Meghalaya with respect to that matter, then, the law or regulation made by the District Council or, as the case may be, the Regional Council whether made before or after the law made by the Legislature of the State of Meghalaya, shall, to the extent of repugnancy, be void and the law made by the Legislature of the State of Meghalaya shall prevail;
(b) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the State of Meghalaya, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect
12A. A Application of Acts of Parliament and of the Legislature of the State of Tripura to the autonomous district and autonomous regions in the State of Tripura Notwithstanding anything in this Constitution
(a) no Act of the Legislature of the State of Tripura in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Tripura prohibiting or restricting the consumption of any non distilled alcoholic liquor shall apply to the autonomous district or an autonomous region in that State unless, in either case, the District Council for that district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act direct that the Act shall, in its application to that district or such region or any part thereof, have effect subject to such exceptions or modifications as it thinks fit;
(b) the Governor may, by public notification, direct that any Act of the Legislature of the State of Tripura to which the provisions of clause (a) of this sub paragraph do not apply, shall not apply to the autonomous district or an autonomous region in that State, or shall apply to that district or such region, or any part thereof, subject to such exceptions or modifications, as he may specify in the notification;
(c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to the autonomous district or an autonomous region in the State of Tripura, or shall apply to such district or region or any part thereof, subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect
12B. Application of Acts of Parliament and of the Legislature of the State of Mizoram to autonomous districts and autonomous regions in the State of Mizoram Notwithstanding anything in this Constitution,
(a) no Act of the Legislature of the State of Mizoram in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of Legislature of the State of Mizoram prohibiting or restricting the consumption of any non distilled alcoholic liquor shall apply to any autonomous district or autonomous region in that State unless, in either case, the District Council for such district or having jurisdiction over such region, by public notification, so directs, and the District Council, in giving such direction with respect to any Act, may direct that the Act shall, in its application to such district or region or any part thereof, have effect subject to such exceptions or modifications as it thinks fit;
(b) the Governor may, by public notification, direct that any Act of the Legislature of the State of Mizoram to which the provisions of clause (a) of this sub paragraph do not apply, shall not apply to an autonomous district or an autonomous region in that State, or shall apply to such district or region, or any part thereof, subject to such exceptions or modifications, as he may specify in the notification;
(c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the State of Mizoram, or shall apply to such district or region or any part thereof, subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect
13. Estimated receipts and expenditure pertaining to autonomous districts to be shown separately in the annual financial statement The estimated receipts and expenditure pertaining to an autonomous district which are to be credited to, or is to be made from, the Consolidated Fund of the State shall be first placed before the District Council for discussion and then after such discussion be shown separately in the annual financial statement of the State to be laid before the Legislature of the State under article 202
14. Appointment of Commission to inquire into and report on the administration of autonomous districts and autonomous regions
(1) The Governor may at any time appoint a Commission to examine and report on any matter specified by him relating to the administration of the autonomous districts and autonomous regions in the State, including matters specified in clauses (c), (d), (e) and (f) of sub paragraph ( 3 ) of paragraph 1 of this Schedule, or may appoint a Commission to inquire into and report from time to time on the administration of autonomous districts and autonomous regions in the State generally and in particular on
(a) the provision of educational and medical facilities and communications in such districts and regions;
(b) the need for any new or special legislation in respect of such districts and regions; and
(c) the administration of the laws, rules and regulations made by the District and Regional Councils; and define the procedure to be followed by such Commission
(2) The report of every such Commission with the recommendations of the Governor with respect thereto shall be laid before the Legislature of the State by the Minister concerned together with an explanatory memorandum regarding the action proposed to be taken thereon by the Government of the State
(3) In allocating the business of the Government of the State among his Ministers the Governor may place one of his Ministers specially in charge of the welfare of the autonomous districts and autonomous regions in the State
15. Annulment or suspension of acts and resolutions of District and Regional Councils
(1) If at any time the Governor is satisfied that an act or resolution of a District or a Regional Council is likely to endanger the safety of India or is likely to be prejudicial to public order, he may annul or suspend such act or resolution and take such steps as he may consider necessary (including the suspension of the Council and the assumption to himself of all or any of the powers vested in or exercisable by the Council) to prevent the commission or continuance of such act, or the giving of effect to such resolution
(2) Any order made by the Governor under sub paragraph ( 1 ) of this paragraph together with the reasons therefor shall be laid before the Legislature of the State as soon as possible and the order shall, unless revoked by the Legislature of the State, continue in force for a period of twelve months from the date on which it was so made: Provided that if and so often as a resolution approving the continuance in force of such order is passed by the Legislature of the State, the order shall unless cancelled by the Governor continue in force for a further period of twelve months from the date on which under this paragraph it would otherwise have ceased to operate
16. Dissolution of a District or a Regional Council
(1) The Governor may on the recommendation of a Commission appointed under paragraph 14 of this Schedule by public notification order the dissolution of a District or a Regional Council, and
(a) direct that a fresh general election shall be held immediately for the reconstitution of the Council, or
(b) subject to the previous approval of the Legislature of the State assume the administration of the area under the authority of such Council himself or place the administration of such area under the Commission appointed under the said paragraph or any other body considered suitable by him for a period not exceeding twelve months: Provided that when an order under clause (a) of this paragraph has been made, the Governor may take the action referred to in clause (b) of this paragraph with regard to the administration of the area in question pending the reconstitution of the Council on fresh general election: Provided further that no action shall be taken under clause (b) of this paragraph without giving the District or the Regional Council, as the case may be, an opportunity of placing its views before the Legislature of the State
(2) If at any time the Governor is satisfied that a situation has arisen in which the administration of an autonomous district or region cannot be carried on in accordance with the provisions of this Schedule, he may, by public notification assume to himself all or any of the functions or powers vested in or exercisable by the District Council or, as the case may be, the Regional Council and declare that such functions or powers shall be exercisable by such person or authority as he may specify in this behalf, for a period not exceeding six months: Provided that the Governor may by a further order or orders extend the operation of the initial order by a period not exceeding six months on each occasion
(3) Every order made under sub paragraph ( 2 ) of this paragraph with the reasons therefor shall be laid before the Legislature of the State and shall cease to operate at the expiration of thirty days from the date on which the State Legislature first sits after the issue of the orders, unless, before the expiry of that period it has been approved by the State Legislature
17. Exclusion of areas from autonomous districts in forming constituencies in such districts For the purposes of elections to the Legislative Assembly of Assam or Meghalaya or Tripura or Mizoram, the Governor may by order declare that any area within an autonomous district in the State of Assam or Meghalaya or Tripura or Mizoram, as the case may be, shall not form part of any constituency to fill a seat or seats in the Assembly reserved for any such district but shall form part of a constituency to fill a seat or seats in the Assembly not so reserved to be specified in the order
19. Transitional provisions
(1) As soon as possible after the commencement of this Constitution the Governor shall take steps for the constitution of a District Council for each autonomous district in the State under this Schedule and, until a District Council is so constituted for an autonomous district, the administration of such district shall be vested in the Governor and the following provisions shall apply to the administration of the areas within such district instead of the foregoing provisions of this Schedule, namely:
(a) no Act of Parliament or of the Legislature of the State shall apply to any such area unless the Governor by public notification so directs; and the Governor in giving such a direction with respect to any Act may direct that the Act shall, in its application to the area or to any specified part thereof, have effect subject to such exceptions or modifications as he thinks fit;
(b) the Governor may make regulations for the peace and good government of any such area and any regulations so made may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to such area
(2) Any direction given by the Governor under clause (a) of sub paragraph ( 1 ) of this paragraph may be given so as to have retrospective effect
(3) All regulations made under clause (b) of sub paragraph ( 1 ) of this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect
20. Tribal areas
(1) The areas specified in Parts I, II, IIA and III of the table below shall respectively be the tribal areas within the State of Assam, the State of Meghalaya, the State of Tripura and the State of Mizoram
(2) Any reference in Part I, Part II or Part III of the table below to any district shall be construed as a reference to the territories comprised within the autonomous district of that name existing immediately before the day appointed under clause (b) of section 2 of the North Eastern Areas (Reorganisation) Act, 1971 : Provided that for the purposes of clauses (e) and (f) of sub paragraph ( 1 ) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub paragraph ( 2 ), clauses (a), (b), and (d) of sub paragraph ( 3 ) and sub paragraph ( 4 ) of paragraph 8 and clause (d) of sub paragraph ( 2 ) of paragraph 10 of this Schedule, no part of the area comprised within the municipality of Shillong shall be deemed to be within the Khasi Hills District
(3) The reference in Part IIA in the table below to the Tripura Tribal Areas District shall be construed as a reference to the territory comprising the tribal areas specified in the First Schedule to the Tripura Tribal Areas Autonomous District Council Act, 1979

TABLE

PART I
1. The North Cachar Hills District
2. The Karbi Anglong District PART II
1. Khasi Hills District
2. Jaintia Hills District
3. The Garo Hills District PART IIA Tripura Tribal Areas District PART III
1. The Chakma District
2. The Mara District
3. The Lai District
20A. Dissolution of the Mizo District Council
(1) Notwithstanding anything in this Schedule, the District Council of the Mizo District existing immediately before the prescribed date (hereinafter referred to as the Mizo District Council) shall stand dissolved and cease to exist
(2) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:
(a) the transfer, in whole or in part, of the assets, rights and liabilities of the Mizo District Council (including the rights and liabilities under any contract made by it) to the Union or to any other authority;
(b) the substitution of the Union or any other authority for the Mizo District Council, or the addition of the Union or any other authority, as a party to any legal proceedings to which the Mizo District Council is a party;
(c) the transfer or re employment of any employees of the Mizo District Council to or by the Union or any other authority, the terms and conditions of service applicable to such employees after such transfer or re employment;
(d) the continuance of any laws, made by the Mizo District Council and in force immediately before its dissolution, subject to such adaptations and modifications, whether by way of repeal or amendment, as the Administrator may make in this behalf, until such laws are altered, repealed or amended by a competent Legislature or other competent authority;
(e) such incidental, consequential and supplementary matters as the Administrator considers necessary Explanation In this paragraph and in paragraph 20B of this Schedule, the expression prescribed date means the date on which the Legislative Assembly of the Union territory of Mizoram is duly constituted under and in accordance with the provisions of the Government of Union Territories Act, 1963
20B. Autonomous regions in the Union territory of Mizoram to be autonomous districts and transitory provisions consequent thereto
(1) Notwithstanding anything in this Schedule,
(a) every autonomous region existing immediately before the prescribed date in the Union territory of Mizoram shall, on and from that date, be an autonomous district in that Union territory (hereafter referred to as the corresponding new district) and the Administrator thereof may, by one or more orders, direct that such consequential amendments as are necessary to give effect to the provisions of this clause shall be made in paragraph 20 of this Schedule (including Part III of the table appended to that paragraph) and thereupon the said paragraph and the said Part III shall be deemed to have been amended accordingly;
(b) every Regional Council of an autonomous region in the Union territory of Mizoram existing immediately before the prescribed date (hereafter referred to as the existing Regional Council) shall, on and from that date and until a District Council is duly constituted for the corresponding new district, be deemed to be the District Council of that district (hereafter referred to as the corresponding new District Council)
(2) Every member whether elected or nominated of an existing Regional Council shall be deemed to have been elected or, as the case may be, nominated to the corresponding new District Council and shall hold office until a District Council is duly constituted for the corresponding new district under this Schedule
(3) Until rules are made under sub paragraph ( 7 ) of paragraph 2 and sub paragraph ( 4 ) of paragraph 4 of this Schedule by the corresponding new District Council, the rules made under the said provisions by the existing Regional Council and in force immediately before the prescribed date shall have effect in relation to the corresponding new District Council subject to such adaptations and modifications as may be made therein by the Administrator of the Union territory of Mizoram
(4) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:
(a) the transfer in whole or in part of the assets, rights and liabilities of the existing Regional Council (including the rights and liabilities under any contract made by it) to the corresponding new District Council;
(b) the substitution of the corresponding new District Council for the existing Regional Council as a party to the legal proceedings to which the existing Regional Council is a party;
(c) the transfer or re employment of any employees of the existing Regional Council to or by the corresponding new District Council, the terms and conditions of service applicable to such employees after such transfer or re employment;
(d) the continuance of any laws made by the existing Regional Council and in force immediately before the prescribed date, subject to such adaptations and modifications, whether by way of repeal or amendment, as the Administrator may make in this behalf until such laws are altered, repealed or amended by a competent Legislature or other competent authority;
(e) such incidental, consequential and supplementary matters as the Administrator considers necessary
20C. Interpretation Subject to any provision made in this behalf, the provisions of this Schedule shall, in their application to the Union territory of Mizoram, have effect
(1) as if references to the Governor and Government of the State were references to the Administrator of the Union territory appointed under article 239, references to State (except in the expression Government of the State) were references to the Union territory of Mizoram and references to the State Legislature were references to the Legislative Assembly of the Union territory of Mizoram;
(2) as if
(a) in sub paragraph ( 5 ) of paragraph 4, the provision for consultation with the Government of the State concerned had been omitted;
(b) in sub paragraph ( 2 ) of paragraph 6, for the words to which the executive power of the State extends, the words with respect to which the Legislative Assembly of the Union territory of Mizoram has power to make laws had been substituted;
(c) in paragraph 13, the words and figures under article 202 had been omitted
21. Amendment of the Schedule
(1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended
(2) No such law as is mentioned in sub paragraph ( 1 ) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368

SEVENTH SCHEDULE

Article 246

List I

Union List
1. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination of effective demobilisation
2. Naval, military and air forces; any other armed forces of the Union
2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment
3. Delimitation of cantonment areas, local self government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas
4. Naval, military and air force works
5. Arms, firearms, ammunition and explosives
6. Atomic energy and mineral resources necessary for its production
7. Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war
8. Central Bureau of Intelligence and Investigation
9. Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of India; persons subjected to such detention
10. Foreign affairs; all matters which bring the Union into relation with any foreign country
11. Diplomatic, consular and trade representation
12. United Nations Organisation
13. Participation in international conferences, associations and other bodies and implementing of decisions made thereat
14. Entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries
15. War and peace
16. Foreign jurisdiction
17. Citizenship, naturalisation and aliens
18. Extradition
19. Admission into, and emigration and expulsion from, India; passports and visas
20. Pilgrimages to places outside India
21. Piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air
22. Railways
23. Highways declared by or under law made by Parliament to be national highways
24. Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways
25. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by States and other agencies
26. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft
27. Ports declared by or under law made by Parliament or existing law to be major ports, including their delimitation and the constitution and powers of port authorities therein
28. Port quarantine, including hospitals connected therewith; seamens and marine hospitals
29. Airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by States and other agencies
30. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels
31. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication
32. Property of the Union and the revenue therefrom, but as regards property situated in a State subject to legislation by the State, save in so far as Parliament by law otherwise provides
34. Courts of wards for the estates of Rulers of Indian States
35. Public debt of the Union
36. Currency, coinage and legal tender; foreign exchange
37. Foreign loans
38. Reserve Bank of India
39. Post Office Savings Bank
40. Lotteries organised by the Government of India or the Government of a State
41. Trade and commerce with foreign countries; import and export across customs frontiers; definition of customs frontiers
42. Inter State trade and commerce
43. Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co operative societies
44. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one State, but not including universities
45. Banking
46. Bills of exchange, cheques, promissory notes and other like instruments
47. Insurance
48. Stock exchanges and futures markets
49. Patents, inventions and designs; copyright; trade marks and merchandise marks
50. Establishment of standards of weight and measure
51. Establishment of standards of quality for goods to be exported out of India or transported from one State to another
52. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest
53. Regulation and development of oil fields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable
54. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest
55. Regulation of labour and safety in mines and oilfields
56. Regulation and development of inter State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest
57. Fishing and fisheries beyond territorial waters
58. Manufacture, supply and distribution of salt by Union agencies, regulation and control of manufacture, supply and distribution of salt by other agencies
59. Cultivation, manufacture, and sale for export, of opium
60. Sanctioning of cinematograph films for exhibition
61. Industrial disputes concerning Union employees
62. The institutions known at the commencement of this Constitution as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other like institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance
63. The institutions known at the commencement of this Constitution as the Banaras Hindu University, the Aligarh Muslim University and the Delhi University; the University established in pursuance of article 371E; any other institution declared by Parliament by law to be an institution of national importance
64. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance
65. Union agencies and institutions for
(a) professional, vocational or technical training, including the training of police officers; or
(b) the promotion of special studies or research; or
(c) scientific or technical assistance in the investigation or detection of crime
66. Co ordination and determination of standards in institutions for higher education or research and scientific and technical institutions
67. Ancient and historical monuments and records, and archaeological sites and remains, declared by or under law made by Parliament to be of national importance
68. The Survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India; Meteorological organisations
69. Census
70. Union Public Services; All India Services; Union Public Service Commission
71. Union pensions, that is to say, pensions payable by the Government of India or out of the Consolidated Fund of India
72. Elections to Parliament, to the Legislatures of States and to the offices of President and Vice President; the Election Commission
73. Salaries and allowances of members of Parliament, the Chairman and Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People
74. Powers, privileges and immunities of each House of Parliament and of the members and the Committees of each House; enforcement of attendance of persons for giving evidence or producing documents before committees of Parliament or commissions appointed by Parliament
75. Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and Governors; salaries and allowances of the Ministers for the Union; the salaries, allowances, and rights in respect of leave of absence and other conditions of service of the Comptroller and Auditor General
76. Audit of the accounts of the Union and of the States
77. Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken therein; persons entitled to practise before the Supreme Court
78. Constitution and Organisation (including vacations) of the High Courts except provisions as to officers and servants of High Courts; persons entitled to practise before the High Courts
79. Extension of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a High Court from, any Union territory
80. Extension of the powers and jurisdiction of members of a police force belonging to any State to any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State
81. Inter State migration; inter State quarantine
82. Taxes on income other than agricultural income
83. Duties of customs including export duties
84. Duties of excise on tobacco and other goods manufactured or produced in India except
(a) alcoholic liquors for human consumption
(b) opium, Indian hemp and other narcotic drugs and narcotics, but including medicinal and toilet preparations containing alcohol or any substance included in sub paragraph (b) of this entry
85. Corporation tax
86. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies
87. Estate duty in respect of property other than agricultural land
88. Duties in respect of succession to property other than agricultural land
89. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights
90. Taxes other than stamp duties on transactions in stock exchanges and futures markets
91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts
92. Taxes on the sale or purchase of newspapers and on advertisements published therein
92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter State trade or commerce
92B. 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
93. Offences against laws with respect to any of the matters in this List
94. Inquiries, surveys and statistics for the purpose of any of the matters in this List
95. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List; admiralty jurisdiction
96. Fees in respect of any of the matters in this List, but not including fees taken in any court
97. Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists

List II

State List
1. Public order (but not including the use of any naval, military or Air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof in aid of the civil power)
2. Police (including railway and village police) subject to the provisions of entry 2A of List I
3. Officers and servants of the High Court; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court
4. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other States for the use of prisons and other institutions
5. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self government or village administration
6. Public health and sanitation; hospitals and dispensaries
7. Pilgrimages, other than pilgrimages to places outside India
8. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors
9. Relief of the disabled and unemployable
10. Burials and burial grounds; cremations and cremation grounds
12. Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance
13. Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles
14. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases
15. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice
16. Pounds and the prevention of cattle trespass
17. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I
18. Land, that is to say, right in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization
21. Fisheries
22. Courts of wards subject to the provisions of entry 34 of List I; encumbered and attached estates
23. Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union
24. Industries subject to the provisions of entries 7 and 52 of List I
25. Gas and gas works
26. Trade and commerce within the State subject to the provisions of entry 33 of List III
27. Production, supply and distribution of goods subject to the provisions of entry 33 of List III
28. Markets and fairs
30. Money lending and money lenders; relief of agricultural indebtedness
31. Inns and inn keepers
32. Incorporation, regulation and winding up of corporation, other than those specified in List I, and universities; unincorporated trading, literacy, scientific, religious and other societies and associations; co operative societies
33. Theaters and dramatic performances; cinemas subject to the provisions of entry 60 of List 1; sports, entertainments and amusements
34. Betting and gambling
35. Works, lands and buildings vested in or in the possession of the State
37. Elections to the Legislature of the State subject to the provisions of any law made by Parliament
38. Salaries and allowances of members of the Legislature of the State, of the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a Legislative Council, of the Chairman and Deputy Chairman thereof
39. Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof, and, if there is a Legislative Council, of that Council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State
40. Salaries and allowances of Ministers for the State
41. State public services; State Public Service Commission
42. State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the State
43. Public debt of the State
44. Treasure trove
45. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues
46. Taxes on agricultural income
47. Duties in respect of succession to agricultural land
48. Estate duty in respect of agricultural land
49. Taxes on lands and buildings
50. Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development
51. Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:
(a) alcoholic liquors for human consumption;
(b) opium, Indian hemp and other narcotic drugs and narcotics; but not including medicinal and toilet preparations containing alcohol or any substance included in sub paragraph (b) of this entry
52. Taxes on the entry of goods into a local area for consumption, use or sale therein
53. Taxes on the consumption or sale of electricity
54. Taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92A of List I
55. Taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television
56. Taxes on goods and passengers carried by road or on inland waterways
57. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of List III
58. Taxes on animals and boats
59. Tolls
60. Taxes on professions, trades, callings and employments
61. Captivation taxes
62. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling
63. Rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty
64. Offences against laws with respect to any of the matters in this List
65. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List
66. Fees in respect of any of the matters in this List, but not including fees taken in any court

List III

Concurrent List
1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power
2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution
3. Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention
4. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in entry 3 of this List
5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law
6. Transfer of property other than agricultural land; registration of deeds and documents
7. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land
8. Actionable wrongs
9. Bankruptcy and insolvency
10. Trust and Trustees
11. Administrators general and official trustees
11A. Administration of justice; constitution and organisation of all courts, except the Supreme Court and the High Courts
12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings
13. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration
14. Contempt of court, but not including contempt of the Supreme Court
15. Vagrancy; nomadic and migratory tribes
16. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients
17. Prevention of cruelty to animals
17A. Forests
17B. Protection of wild animals and birds
18. Adulteration of foodstuffs and other goods
19. Drugs and poisons, subject to the provisions of entry 59 of List I with respect to opium
20. Economic and social planning
20A. Population control and family planning
21. Commercial and industrial monopolies, combines and trusts
22. Trade unions; industrial and labour disputes
23. Social security and social insurance; employment and unemployment
24. Welfare of labour including conditions of work, provident funds, employers liability, workmens compensation, invalidity and old age pensions and maternity benefits
25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour
26. Legal, medical and other professions
27. Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan
28. Charities and charitable institutions, charitable and religious endowments and religious institutions
29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants
30. Vital statistics including registration of births and deaths
31. Ports other than those declared by or under law made by Parliament or existing law to be major ports
32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways
33. Trade and commerce in, and the production, supply and distribution of,
(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;
(b) foodstuffs, including edible oilseeds and oils;
(c) cattle fodder, including oilcakes and other concentrates;
(d) raw cotton, whether ginned or unginned, and cotton seed; and
(e) raw jute
33A. Weights and measures except establishment of standards
34. Price control
35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied
36. Factories
37. Boilers
38. Electricity
39. Newspapers, books and printing presses
40. Archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance
41. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property
42. Acquisition and requisitioning of property
43. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such arrears, arising outside that State
44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty
45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III
46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List
47. Fees in respect of any of the matters in this List, but not including fees taken in any court

EIGHTH SCHEDULE

Articles 344 ( 1 ) and 351 Languages
1. Assamese
2. Bengali
3. Gujarati
4. Hindi
5. Kannada
6. Kashmiri
7. Konkani
8. Malayalam
9. Manipuri
10. Marathi
11. Nepali
12. Oriya
13. Punjabi
14. Sanskrit
15. Sindhi
16. Tamil
17. Telugu
18. Urdu

NINTH SCHEDULE

Article 31B
1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950 )
2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948 )
3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949 )
4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949 )
5. The Panch Mahals, Mehwassi Tenure Abolition Act, 1949 (Bombay Act LXIII of 1949 )
6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950 )
7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 (Bombay Act LX of 1950 )
8. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (Madhya Pradesh Act 1 of 1951 )
9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948 )
10. The Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950 (Madras Act 1 of 1950 )
11. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act 1 of 1951 )
12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F C (No LXIX of 1358, Fasli)
13. The Hyderabad Jagirs (Commutation) Regulation, 1359F C (No XXV of 1359, Fasli)
14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act, 1950 (Bihar Act XXXVIII of 1950 )
15. The United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948 (U P Act XXVI of 1948 )
16. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act LX of 1948 )
17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938 ), as inserted by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950 )
18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951 )
19. Chapter IIIA of the Industries (Development and Regulation) Act, 1951 (Act LXV of 1951 ), as inserted by section 13 of the Industries (Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953 )
20. The West Bengal Land Development and Planning Act, 1948 (West Bengal Act XXI of 1948 ), as amended by West Bengal Act XXIX of 1951
21. The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 (Andhra Pradesh Act X of 1961 )
22. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961 )
23. The Andhra Pradesh (Telangana Area) Ijara and Kowli Land Cancellation of Irregular Pattas and Abolition of Concessional Assessment Act, 1961 (Andhra Pradesh Act XXXVI of 1961 )
24. The Assam State Acquisition of Lands belonging to Religious or Charitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961 )
25. The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of 1954 )
26. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962 ), (except section 28 of this Act)
27. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954 (Bombay Act 1 of 1955 )
28. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957 (Bombay Act XVIII of 1958 )
29. The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay Act XCVIII of 1958 )
30. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat Act XVI of 1960 )
31. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI of 1961 )
32. The Sagbara and Meshwassi Estates (Proprietary Rights Abolition, etc) Regulation, 1962 (Gujarat Regulation 1 of 1962 )
33. The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act XXXIII of 1963 ), except in so far as this Act relates to an alienation referred to in sub clause (d) of clause ( 3 ) of section 2 thereof
34. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Maharashtra Act XXVII of 1961 )
35. The Hyderabad Tenancy and Agricultural Lands (Re enactment, Validation and Further Amendment) Act, 1961 (Maharashtra Act XLV of 1961 )
36. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad Act XXI of 1950 )
37. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961 )
38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961 )
39. The Kerala Land Reforms Act, 1963 (Kerala Act 1 of 1964 )
40. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh Act XX of 1959 )
41. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (Madhya Pradesh Act XX of 1960 )
42. The Madras Cultivating Tenants Protection Act, 1955 (Madras Act XXV of 1955 )
43. The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Madras Act XXIV of 1956 )
44. The Madras Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961 (Madras Act XXXVIII of 1961 )
45. The Madras Public Trust (Regulation of Administration of Agricultural Lands) Act, 1961 (Madras Act LVII of 1961 )
46. The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Madras Act LVIII of 1961 )
47. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952 )
48. The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957 )
49. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961 )
50. The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961 (Mysore Act XXXVI of 1961 )
51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962 )
52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960 )
53. The Orissa Merged Territories (Village Offices Abolition) Act, 1963 (Orissa Act X of 1963 )
54. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953 )
55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955 )
56. The Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act VIII of 1959 )
57. The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (Uttar Pradesh Act XVII of 1960 )
58. The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (Uttar Pradesh Act I of 1961 )
59. The West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954 )
60. The West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956 )
61. The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954 )
62. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960 )
63. The Manipur Land Revenue and Land Reforms Act, 1960 (Central Act 33 of 1960 )
64. The Tripura Land Revenue and Land Reforms Act, 1960 (Central Act 43 of 1960 )
65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 1969 )
66. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971 )
67. The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Andhra Pradesh Act I of 1973 )
68. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1972 (Bihar Act I of 1973 )
69. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973 )
70. The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of 1972 )
71. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972 (Gujarat Act 2 of 1974 )
72. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972 )
73. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal Pradesh Act 19 of 1973 )
74. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972 )
75. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1972 (Madhya Pradesh Act 12 of 1974 )
76. The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1972 (Madhya Pradesh Act 13 of 1974 )
77. The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act I of 1974 )
78. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973 )
79. The Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act II of 1973 )
80. The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (Tamil Nadu Act 24 of 1969 )
81. The West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act XXII of 1972 )
82. The West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act XXII of 1964 )
83. The West Bengal Estates Acquisition (Second Amendment) Act, 1973 (West Bengal Act XXXIII of 1973 )
84. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972 (Gujarat Act 5 of 1973 )
85. The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of 1974 )
86. The Tripura Land Revenue and Land Reforms (Second Amendment) Act, 1974 (Tripura Act 7 of 1974 )
88. The Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951 )
89. The Requisitioning and Acquisition of Immovable Property Act, 1952 (Central Act 30 of 1952 )
90. The Mines and Minerals (Regulations and Development) Act, 1957 (Central Act 67 of 1957 )
91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central Act 54 of 1969 )
93. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central Act 64 of 1971 )
94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of 1972 )
95. The General Insurance Business (Nationalisation) Act, 1972 (Central Act 57 of 1972 )
96. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 (Central Act 58 of 1972 )
97. The Sick Textile Undertakings (Taking Over of Management) Act, 1972 (Central Act 72 of 1972 )
98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act 15 of 1973 )
99. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973 )
100. The Foreign Exchange Regulation Act, 1973 (Central Act 46 of 1973 )
101. The Alcock Ashdown Company Limited (Acquisition of Undertakings) Act, 1973 (Central Act 56 of 1973 )
102. The Coal Mines (Conservation and Development) Act, 1974 (Central Act 28 of 1974 )
103. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central Act 37 of 1974 )
104. The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974 )
105. The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central Act 57 of 1974 )
106. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1964 (Maharashtra Act XVI of 1965 )
107. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1965 (Maharashtra Act XXXII of 1965 )
108. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1968 (Maharashtra Act XVI of 1968 )
109. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968 )
110. The Maharashtra Agricultural Lands (Ceiling on Holdings) Amendment Act, 1969 (Maharashtra Act XXXVII of 1969 )
111. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969 )
112. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1970 (Maharashtra Act XXVII of 1970 )
113. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1972 (Maharashtra Act XIII of 1972 )
114. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1973 (Maharashtra Act L of 1973 )
115. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of 1965 )
116. The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of 1967 )
117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of 1967 )
118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of 1969 )
119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of 1970 )
120. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 (Uttar Pradesh Act 18 of 1973 )
121. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1974 (Uttar Pradesh Act 2 of 1975 )
122. The Tripura Land Revenue and Land Reforms (Third Amendment) Act, 1975 (Tripura Act 3 of 1975 )
123. The Dadra and Nagar Haveli Land Reforms Regulation, 1971 ( 3 of 1971 )
124. The Dadra and Nagar Haveli Land Reforms (Amendment) Regulation, 1973 ( 5 of 1973 )
125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939 (Central Act 4 of 1939 )
126. The Essential Commodities Act, 1955 (Central Act 10 of 1955 )
127. The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (Central Act 13 of 1976 )
128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976 )
129. The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976 (Central Act 20 of 1976 )
131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of 1976 )
132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976 )
133. The Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976 (Central Act 59 of 1976 )
134. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam Act 1 of 1957 )
135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (Bombay Act XCIX of 1958 )
136. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14 of 1973 )
137. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976 (Haryana Act 17 of 1976 )
138. The Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Himachal Pradesh Act 8 of 1974 )
139. The Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974 (Himachal Pradesh Act 18 of 1974 )
140. The Karnataka Land Reforms (Second Amendment and Miscellaneous Provisions) Act, 1974 (Karnataka Act 31 of 1974 )
141. The Karnataka Land Reforms (Second Amendment) Act, 1976 (Karnataka Act 27 of 1976 )
142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966 )
143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969 )
144. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of 1969 )
145. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971 (Kerala Act 20 of 1971 )
146. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Kerala Act 26 of 1971 )
147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974 )
148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29 of 1974 )
149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975 )
150. The Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975 )
151. The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of 1976 )
152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976 )
153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974 (Madhya Pradesh Act 20 of 1974 )
154. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1975 (Madhya Pradesh Act 2 of 1976 )
155. The West Khandesh Meshwari Estates (Proprietary Rights Abolition, etc) Regulation, 1961 (Maharashtra Regulation 1 of 1962 )
156. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Maharashtra Act XIV of 1975 )
157. The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975 )
158. The Maharashtra Private Forests (Acquisition) Act, 1975 (Maharashtra Act XXIX of 1975 )
159. The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1975 (Maharashtra Act XLVII of 1975 )
160. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975 (Maharashtra Act II of 1976 )
161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952 )
162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954 )
163. The Rajasthan Land Reforms and Acquisition of Landowners Estates Act, 1963 (Rajasthan Act 11 of 1964 )
164. The Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Act, 1976 (Rajasthan Act 8 of 1976 )
165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of 1976 )
166. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970 )
167. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Nadu Act 41 of 1971 )
168. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1972 (Tamil Nadu Act 10 of 1972 )
169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu Act 20 of 1972 )
170. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972 )
171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972 )
172. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 , (Tamil Nadu Act 7 of 1974 )
173. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth Amendment Act, 1972 (Tamil Nadu Act 10 of 1974 )
174. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1974 (Tamil Nadu Act 15 of 1974 )
175. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1974 (Tamil Nadu Act 30 of 1974 )
176. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1974 (Tamil Nadu Act 32 of 1974 )
177. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1975 (Tamil Nadu Act 11 of 1975 )
178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1975 (Tamil Nadu Act 21 of 1975 )
179. Amendments made to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951 ) by the Uttar Pradesh Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of 1971 ) and the Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh Act 34 of 1974 )
180. The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976 )
181. The West Bengal Land Reforms (Second Amendment) Act, 1972 (West Bengal Act XXVIII of 1972 )
182. The West Bengal Restoration of Alienated Land Act, 1973 (West Bengal Act XXIII of 1973 )
183. The West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal Act XXXIII of 1974 )
184. The West Bengal Land Reforms (Amendment) Act, 1975 (West Bengal Act XXIII of 1975 )
185. The West Bengal Land Reforms (Amendment) Act, 1976 (West Bengal Act XII of 1976 )
186. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central Act 15 of 1976 )
187. The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Goa, Daman and Diu Act I of 1976 )
188. The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (Pondicherry Act 9 of 1974 )
189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam Act XXIII of 1971 )
190. The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1974 (Assam Act XVIII of 1974 )
191. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Amending Act, 1974 (Bihar Act 31 of 1975 )
192. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976 )
193. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978 )
194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of 1980 )
195. The Haryana Ceiling on Land Holdings (Amendment) Act, 1977 (Haryana Act 14 of 1977 )
196. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1978 (Tamil Nadu Act 25 of 1978 )
197. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979 )
198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978 (Uttar Pradesh Act 15 of 1978 )
199. The West Bengal Restoration of Alienated Land (Amendment) Act, 1978 (West Bengal Act XXIV of 1978 )
200. The West Bengal Restoration of Alienated Land (Amendment) Act, 1980 (West Bengal Act LVI of 1980 )
201. The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa, Daman and Diu Act 7 of 1964 )
202. The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) Act, 1976 (Goa, Daman and Diu Act 17 of 1976 )
203. The Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Andhra Pradesh Regulation I of 1959 )
204. The Andhra Pradesh Scheduled Areas Laws (Extension and Amendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963 )
205. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1970 (Andhra Pradesh Regulation 1 of 1970 )
206. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1971 (Andhra Pradesh Regulation 1 of 1971 )
207. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978 )
208. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885 )
209. The Chhota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908 ) (Chapter VIIIsections 46, 47, 48, 48A and 49; Chapter Xsections 71, 71A and 71B; and Chapter XVIIIsections 240, 241 and 242)
210. The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act 14 of 1949 ) except section 53
211. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969 )
212. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982 )
213. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of 1969 )
214. The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37 of 1976 )
215. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976 (Presidents Act 43 of 1976 )
216. The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977 (Gujarat Act 27 of 1977 )
217. The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30 of 1977 )
218. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (Gujarat Act 37 of 1980 )
219. The Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982 )
220. The Himachal Pradesh Transfer of Land (Regulation) Act, 1968 (Himachal Pradesh Act 15 of 1969 )
221. The Himachal Pradesh Transfer of Land (Regulation) (Amendment) Act, 1986 (Himachal Pradesh Act 16 of 1986 )
222. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of certain Lands) Act, 1978 (Karnataka Act 2 of 1979 )
223. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978 )
224. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of 1981 )
225. The Madhya Pradesh Land Revenue Code (Third Amendment) Act, 1976 (Madhya Pradesh Act 61 of 1976 )
226. The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 (Madhya Pradesh Act 15 of 1980 )
227. The Madhya Pradesh Akrishik Jot Uchachatam Seema Adhiniyam, 1981 (Madhya Pradesh Act 11 of 1981 )
228. The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1976 (Madhya Pradesh Act I of 1984 )
229. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1984 (Madhya Pradesh Act 14 of 1984 )
230. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1989 (Madhya Pradesh Act 8 of 1989 )
231. The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of 1966 ), sections 36, 36A and 36B
232. The Maharashtra Land Revenue Code and the Maharashtra Restoration of Lands to Scheduled Tribes (Second Amendment) Act, 1976 (Maharashtra Act 30 of 1977 )
233. The Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of 1985 )
234. The Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956 )
235. The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa Act 29 of 1976 )
236. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976 )
237. The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa Act 44 of 1976 )
238. The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act 12 of 1984 )
239. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of 1984 )
240. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of 1987 )
241. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1979 (Tamil Nadu Act 8 of 1980 )
242. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1980 (Tamil Nadu Act 21 of 1980 )
243. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1981 (Tamil Nadu Act 59 of 1981 )
244. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1983 (Tamil Nadu Act 2 of 1984 )
245. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh Act 20 of 1982 )
246. The West Bengal Land Reforms (Amendment) Act, 1965 (West Bengal Act 18 of 1965 )
247. The West Bengal Land Reforms (Amendment) Act, 1966 (West Bengal Act 11 of 1966 )
248. The West Bengal Land Reforms (Second Amendment) Act, 1969 (West Bengal Act 23 of 1969 )
249. The West Bengal Estate Acquisition (Amendment) Act, 1977 (West Bengal Act 36 of 1977 )
250. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act 44 of 1979 )
251. The West Bengal Land Reforms (Amendment) Act, 1980 (West Bengal Act 41 of 1980 )
252. The West Bengal Land Holding Revenue (Amendment) Act, 1981 (West Bengal Act 33 of 1981 )
253. The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981 (West Bengal Act 37 of 1981 )
254. The West Bengal Land Holding Revenue (Amendment) Act, 1982 (West Bengal Act 23 of 1982 )
255. The Calcutta Thikka Tenancy (Acquisition and Regulation) (Amendment) Act, 1984 (West Bengal Act 41 of 1984 )
256. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968 )
257. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1 of 1981 )
257A. The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act 1993 (Tamil Nadu Act 45 of 1994 )
258. The Bihar Privileged persons Homestead Tenancy Act, 1947 (Bihar Act 4 of 1948 )
259. The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act 22 of 1956 )
260. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1970 (Bihar Act 7 of 1970 )
261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1970 (Bihar Act 9 of 1970 )
262. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1973 (Bihar Act 27 of 1975 )
263. The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1981 (Bihar Act 35 of 1982 )
264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987 )
265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1989 (Bihar Act 11 of 1989 )
266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990 )
267. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of 1984 )
268. The Kerala land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989 )
269. The Kerala land Reforms (Second Amendment) Act, 1989 (Kerala Act 2 of 1990 )
270. The Orissa Land Reforms Amendment Act, 1989 (Orissa Act 9 of 1990 )
271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979 )
272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2 of 1987 )
273. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act 12 of 1989 )
274. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1983 (Tamil Nadu Act 3 of 1984 )
275. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1986 (Tamil Nadu Act 57 of 1986 )
276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1987 (Tamil Nadu Act 4 of 1988 )
277. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1989 (Tamil Nadu Act 30 of 1989 )
278. The West Bengal Land Reforms (Amendment) Act, 1981 (West Bengal Act 50 of 1981 )
279. The West Bengal Land Reforms (Amendment) Act, 1986 (West Bengal Act 5 of 1986 )
280. The West Bengal Land Reforms (Second Amendment) Act, 1986 (West Bengal Act 19 of 1986 )
281. The West Bengal Land Reforms (Third Amendment) Act, 1981 (West Bengal Act 35 of 1986 )
282. The West Bengal Land Reforms (Amendment) Act, 1989 (West Bengal Act 23 of 1989 )
283. The West Bengal Land Reforms (Amendment) Act, 1990 (West Bengal Act 24 of 1990 )
284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act 12 of 1991 ) Explanation Any acquisition made under the Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955 ), in contravention of the second proviso to clause ( 1 ) of article 31 A shall, to the extent of the contravention, be void

TENTH SCHEDULE

Articles 102 ( 2 ) and 191 ( 2 ) Provisions as to disqualification on ground of defection
1. Interpretation In this Schedule, unless the context otherwise requires,
(a) House means either House of Parliament or the Legislative Assembly or, as the case may be, either House of the Legislature of a State;
(b) legislature party, in relation to a member of a House belonging to any political party in accordance with the provisions of paragraph 2 or paragraph 3 or, as the case may be, paragraph 4, means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the said provisions;
(c) original political party, in relation to a member of a House, means the political party to which he belongs for the purposes of sub paragraph ( 1 ) of paragraph 2;
(d) paragraph means a paragraph of this Schedule
2. Disqualification on ground of defection
(1) Subject to the provisions of paragraphs 3, 4 and 5, a member of a House belonging to any political party shall be disqualified for being a member of the House
(a) if he has voluntarily gives up his membership of such political party; or
(b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention Explanation For the purposes of this sub paragraph,
(a) an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member;
(b) a nominated member of a House shall,
(i) where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party;
(ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes a member before the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188
(2) An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election
(3) A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188
(4) Notwithstanding anything contained in the foregoing provisions of this paragraph, a person who, on the commencement of the Constitution (Fifty second Amendment) Act, 1985 , is a member of a House (whether elected or nominated as such) shall,
(i) where he was a member of political party immediately before such commencement, be deemed, for the purposes of sub paragraph ( 1 ) of this paragraph, to have been elected as a member of such House as a candidate set up by such political party;
542503 ii in any other case, be deemed to be an elected member of the House who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub paragraph ( 2 ) of this paragraph or, as the case may be, deemed to be a nominated member of the House for the purposes of sub paragraph ( 3 ) of this paragraph
3. Disqualification on ground of defection not to apply in case of split Where a member of a House makes a claim that he and any other members of his legislature party constitute the group representing a faction which has arisen as a result of a split in his original political party and such group consists of not less than one third of the members of such legislature party,
(a) he shall not be disqualified under sub paragraph ( 1 ) of paragraph 2 on the ground
(i) that he has voluntarily given up his membership of his original political party; or
(ii) that he has voted or abstained from voting in such House contrary to any direction issued by such party or by any person or authority authorised by it in that behalf without obtaining the prior permission of such party, person or authority and such voting or abstention has not been condoned by such party, person or authority within fifteen days from the date of such voting or abstention; and
(b) from the time of such split, such faction shall be deemed to be the political party to which he belongs for the purposes of sub paragraph ( 1 ) of paragraph 2 and to be his original political party for the purposes of this paragraph
4. Disqualification on ground of defection not to apply in case of merger ( 1 ) A member of a House shall not be disqualified under sub paragraph ( 1 ) of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political party
(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or
(b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub paragraph ( 1 ) of paragraph 2 and to be his original political party for the purposes of this sub paragraph
5. Exemption Notwithstanding anything contained in this Schedule, a person who has been elected to the office of the Speaker or the Deputy Speaker of the House of the People or the Deputy Chairman of the Council of States or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall not be disqualified under this Schedule,
(a) if he, by reason of his election to such office, voluntarily gives up the membership of the political party to which he belonged immediately before such election and does not, so long as he continues to hold such office thereafter, rejoin that political party or become a member of another political party; or
(b) if he, having given up by reason of his election to such office his membership of the political party to which he belonged immediately before such election, rejoins such political party after he ceases to hold such office
6. Decision on questions as to disqualification on ground of defection ( 1 ) If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final: Provided that where the question which has arisen is as to whether the Chairman or the Speaker of a House has become subject to such disqualification, the question shall be referred for the decision of such member of the House as the House may elect in this behalf and his decision shall be final
(2) All proceedings under sub paragraph ( 1 ) of this paragraph in relation to any question as to disqualification of a member of a House under this Schedule shall be deemed to be proceedings in Parliament within the meaning of article 122 or, as the case may be, proceedings in the Legislature of a State within the meaning of article 212
7. Bar of jurisdiction of courts Notwithstanding anything in this Constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a House under this Schedule
8. Rules ( 1 ) Subject to the provisions of sub paragraph ( 2 ) of this paragraph, the Chairman or the Speaker of a House may make rules for giving effect to the provisions of this Schedule, and in particular, and without prejudice to the generality of the foregoing, such rules may provide for
(a) the maintenance of registers or other records as to the political parties if any, to which different members of the House belong;
(b) the report which the leader of a legislature party in relation to a member of a House shall furnish with regard to any condonation of the nature referred to in clause (b) of sub paragraph ( 1 ) of paragraph 2 in respect of such member, the time within which and the authority to whom such report shall be furnished;
(c) the reports which a political party shall furnish with regard to admission to such political party of any members of the House and the officer of the House to whom such reports shall be furnished; and
(d) the procedure for deciding any question referred to in sub paragraph ( 1 ) of paragraph 6 including the procedure for any inquiry which may be made for the purpose of deciding such question
1. Agriculture, including agricultural extension
2. Land improvement, implementation of land reforms, land consolidation and soil conservation
3. Minor irrigation, water management and watershed development
4. Animal husbandry, dairying and poultry
5. Fisheries
6. Social forestry and farm forestry
7. Minor forest produce
8. Small scale industries, including food processing industries
9. Khadi, village and cottage industries
10. Rural housing
11. Drinking water
12. Fuel and fodder
13. Roads, culverts, bridges, ferries, waterways and other means of communication
14. Rural electrification, including distribution of electricity
15. Non conventional energy sources
16. Poverty alleviation programme
17. Education, including primary and secondary schools
18. Technical training and vocational education
19. Adult and non formal education
20. Libraries
21. Cultural activities
22. Markets and fairs
23. Health and sanitation, including hospitals, primary health centres and dispensaries
24. Family welfare
25. Women and child development
26. Social welfare, including welfare of the handicapped and mentally retarded
27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes
28. Public distribution system
29. Maintenance of community assets

TWELFTH SCHEDULE

Article 243W
1. Urban planning including town planning
2. Regulation of land use and construction of buildings
3. Planning for economic and social development
4. Roads and bridges
5. Water supply for domestic, industrial and, commercial purposes
6. Public health, sanitation conservancy and solid waste management
7. Fire services
8. Urban forestry protection of the environment and promotion of ecological aspects
9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded
10. Slum improvement and upgradation
11. Urban poverty alleviation
12. Provision of urban amenities and facilities such as parks, gardens, play grounds
13. Promotion of cultural, educational and aesthetic aspects
14. Burials and burial grounds; cremations, cremation grounds and electric crematoriums
15. Cattle ponds; prevention of cruelty to animals
16. Vital statistics including registration of births and deaths
17. Public amenities including street lighting, parking lots, bus stops and public conveniences
18. Regulation of slaughter houses and tanneries

The Constitution of India: Equal Opportunity and Rights for All Citizens — Major Provisions

Article 14: Ensures equality before the law and equal protection by the law

Article 15: Prohibits discrimination on the grounds of religion, race, caste, sex and place of birth.

Article 21: No person shall be deprived of his life or personal liberty except through the procedure established by law.

Article 25: Ensures freedom of conscience and the right to freely profess, practice and propagate religion.

Article 26: Ensures right to manage religious institutions, religious affairs, subject to public order, morality and health.

Article 29: Protects minorities’ right to conserve their language, script or culture.

Article 30: Provides for the protection of the interests of minorities by giving them a right to establish and administer educational institutions of their choice. The State is directed not to discriminate against minorities’ institutions in granting aid.

Article 350A: Directs the State to provide facilities for instruction in the mother tongue at the primary stage of education

The Constitution of The Kingdom of Bhutan

Preamble

WE, the people of Bhutan:

BLESSED by the Triple Gem, the protection of our guardian deities, the wisdom of our leaders, the everlasting fortunes of the Pelden Drukpa and the guidance of His Majesty the Druk Gyalpo Jigme Khesar Namgyel Wangchuck;

SOLEMNLY pledging ourselves to strengthen the sovereignty of Bhutan, to secure the blessings of liberty, to ensure justice and tranquillity and to enhance the unity, happiness and well-being of the people for all time;

DO HEREBY ordain and adopt this Constitution for the Kingdom of Bhutan on the Fifteenth Day of the Fifth Month of the Male Earth Rat Year corresponding to the Eighteenth Day of July, Two Thousand and Eight.

Article 1 Kingdom of Bhutan

1. Bhutan is a Sovereign Kingdom and the Sovereign power belongs to the people of Bhutan.

2. The form of Government shall be that of a Democratic Constitutional Monarchy.

3. The international territorial boundary of Bhutan is inviolable and any alteration of areas and boundaries thereof shall be done only with the consent of not less than three-fourths of the total number of members of Parliament. 4. The territory of Bhutan shall comprise twenty Dzongkhags with each Dzongkhag consisting of Gewogs and Thromdes. Alteration of areas and boundaries of any Dzongkhag or Gewog shall be done only with the consent of not less than three-fourths of the total number of members of Parliament.

5. The National Flag and the National Emblem of Bhutan shall be as specified in the First Schedule of this Constitution.

6. The National Anthem of Bhutan shall be as specified in the Second Schedule of this Constitution.

7. The National Day of Bhutan shall be the Seventeenth Day of December of each year.

8. Dzongkha is the National Language of Bhutan.

9. This Constitution is the Supreme Law of the State.

10. All laws in force in the territory of Bhutan at the time of adopting this Constitution shall continue until altered, repealed or amended by Parliament. However, the provisions of any law, whether made before or after the coming into force of this Constitution, which are inconsistent with this Constitution, shall be null and void.

11. The Supreme Court shall be the guardian of this Constitution and the final authority on its interpretation.

12. The rights over mineral resources, rivers, lakes and forests shall vest in the State and are the properties of the State, which shall be regulated by law.

13. There shall be separation of the Executive, the Legislature and the Judiciary and no encroachment of each other’s powers is permissible except to the extent provided for by this Constitution.

Article 2 The Institution of Monarchy

1. His Majesty the Druk Gyalpo is the Head of State and the symbol of unity of the Kingdom and of the people of Bhutan.

2. The Chhoe-sid-nyi of Bhutan shall be unified in the person of the Druk Gyalpo who, as a Buddhist, shall be the upholder of the Chhoe-sid.

3. The title to the Golden Throne of Bhutan shall vest in the legitimate descendants of Druk Gyalpo Ugyen Wangchuck as enshrined in the inviolable and historic Gyenja of the Thirteenth Day, Eleventh Month of the Earth Monkey Year,corresponding to the Seventeenth Day of December, Nineteen Hundred and Seven and shall:

(a) Pass only to children born of lawful marriage;

(b) Pass by hereditary succession to the direct lineal descendants on the abdication or demise of the Druk Gyalpo, in order of seniority, with a prince taking precedence over a princess, subject to the requirement that, in the event of shortcomings in the elder prince, it shall be the sacred duty of the Druk Gyalpo to select and proclaim the most capable prince or princess as heir to the Throne;

(c) Pass to the child of the Queen who is pregnant at the time of the demise of the Druk Gyalpo if no heir exists under section 3(b);

(d) Pass to the nearest collateral line of the descendants of the Druk Gyalpo in accordance with the principle of lineal descent, with preference being given for elder over the younger, if the Druk Gyalpo has no direct lineal descendant;

(e) Not pass to children incapable of exercising the Royal Prerogatives by reason of physical or mental infirmity; and

(f) Not pass to a person entitled to succeed to the Throne who enters into a marriage with a person other than a natural born citizen of Bhutan.

4. The successor to the Throne shall receive dar from the Machhen of Zhabdrung Ngawang Namgyal at Punakha Dzong and shall be crowned on the Golden Throne.

5. Upon the ascension of the Druk Gyalpo to the Throne, the members of the Royal Family, the members of Parliament and the office holders mentioned in section 19 of this Article shall take an Oath of Allegiance to the Druk Gyalpo.

6. Upon reaching the age of sixty-five years, the Druk Gyalpo shall step down and hand over the Throne to the Crown Prince or Crown Princess, provided the Royal Heir has come of age.

7. There shall, subject to the provision of section 9 of this Article, be a Council of Regency when: (a) The successor to the Throne has not attained the age of twenty-one years; (b) The Druk Gyalpo has temporarily relinquished, by Proclamation, the exercise of the Royal Prerogatives; or (c) It has been resolved by not less than three-fourths of the total number of members of Parliament in a joint sitting that the Druk Gyalpo is unable to exercise the Royal Prerogatives by reason of temporary physical or mental infirmity.

8. The Council of Regency shall collectively exercise the Royal Prerogatives and the powers vested in the Druk Gyalpo under this Constitution and shall be composed of: (a) A senior member of the Royal Family nominated by the Privy Council; (b) The Prime Minister; (c) The Chief Justice of Bhutan; (d) The Speaker; (e) The Chairperson of the National Council; and (f) The Leader of the Opposition Party.
9. In the case speîified under section 7(b) or 7(c) of this Article, the descendant of the Druk Gyalpo, who is the heir presumptive, shall, instead of the Council of Regency, become Regent by right, if the heir presumptive has attained the age of twenty-one years.
10. The members of the Council of Regency shall take an Oath of Allegiance before Parliament to faithfully discharge their duties.
11. When the successor to the Throne attains the age of twentyone years or when the Druk Gyalpo resumes the exercise of the Royal Prerogatives under sections 7(a) and 7(b) of this Article, notice shall be given by Proclamation. However, when the Druk Gyalpo regains the ability to exercise the Royal Prerogatives under section 7(c) of this Article, notice shall be given to that effect by resolution of Parliament.
12. The members of the Royal Family shall be the reigning and past Monarchs, their Queens and the Royal Children born of lawful marriage.
13. The Druk Gyalpo and the members of the Royal Family shall be entitled to:
(a) Annuities from the State in accordance with a law made by Parliament; (b) All rights and privileges including the provision of palaces and residences for official and personal use; and (c) Exemption from taxation on the royal annuity and properties provided for by sections 13(a) and 13(b) of this Article.
14. There shall be a Privy Council, which shall consist of two members appointed by the Druk Gyalpo, one member nominated by the Lhengye Zhungtshog and one member nominated by the National Council. The Privy Council shall be responsible for:
(a) All matters pertaining to the privileges of the Druk Gyalpo and the Royal Family; (b) All matters pertaining to the conduct of the Royal Family; (c) Rendering advice to the Druk Gyalpo on matters concerning the Throne and the Royal Family; (d) All matters pertaining to crown properties; and (e) Any other matter as may be commanded by the Druk Gyalpo.
15. The Druk Gyalpo shall not be answerable in a court of law for His actions and His person shall be sacrosanct.
16. The Druk Gyalpo, in exercise of His Royal Prerogatives, may:
(a) Award titles, decorations, dar for Lhengye and NyiKyelma in accordance with tradition and custom; (b) Grant citizenship, land kidu and other kidus; (c) Grant amnesty, pardon and reduction of sentences; (d) Command Bills and other measures to be introduced in Parliament; and (e) Exercise powers relating to matters which are not provided for under this Constitution or other laws.
17. The Druk Gyalpo may promote goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries.

18. The Druk Gyalpo shall protect and uphold this Constitution in the best interest and for the welfare of the people of Bhutan.
19. The Druk Gyalpo shall, by warrant under His hand and seal, appoint:
(a) The Chief Justice of Bhutan in accordance with section 4 of Article 21; (b) The Drangpons of the Supreme Court in accordance with section 5 of Article 21; (c) The Chief Justice of the High Court in accordance with section 11 of Article 21; (d) The Drangpons of the High Court in accordance with section 12 of Article 21; (e) The Chief Election Commissioner and Election Commissioners in accordance with section 2 of Article 24; (f) The Auditor General in accordance with section 2 of Article 25; (g) The Chairperson and members of the Royal Civil Service Commission in accordance with section 2 of Article 26; (h) The Chairperson and members of the Anti-Corruption Commission in accordance with section 2 of Article 27; (i) The heads of the Defence Forces from a list of names recommended by the Service Promotion Board; (j) The Attorney General in accordance with section 2 of Article 29; (k) The Governor of the Central Bank of Bhutan on the recommendation of the Prime Minister; (l) The Chairperson of the Pay Commission in accordance with section 1 of Article 30;
(m) The Cabinet Secretary on the recommendation of the Prime Minister; (n) The Secretary General of the respective Houses on the recommendation of the Royal Civil Service Commission; (o) Ambassadors and Consuls on the recommendation of the Prime Minister; (p) The Secretaries to the Government on the recommendation of the Prime Minister who shall obtain nominations from the Royal Civil Service Commission on the basis of merit and seniority and in accordance with other relevant rules and regulations; and (q) Dzongdags on the recommendation of the Prime Minister who shall obtain nominations from the Royal Civil Service Commission.
20. The Druk Gyalpo shall abdicate the Throne for willful violations of this Constitution or for being subject to permanent mental disability, on a motion passed by a joint sitting of Parliament in accordance with the procedure as laid down in sections 21, 22, 23, 24 and 25 of this Article.
21. The motion for abdication shall be tabled for discussion at a joint sitting of Parliament if not less than two-thirds of the total number of the members of Parliament submits such a motion based on any of the grounds in section 20 of this Article.
22. The Druk Gyalpo may respond to the motion in writing or by addressing the joint sitting of Parliament in person or through a representative.
23. The Chief Justice of Bhutan shall preside over the joint sitting of Parliament mentioned in section 21 of this Article.
24. If, at such joint sitting of Parliament, not less than three-fourths of the total number of members of Parliament passes the motion for abdication, then such a resolution shall be placed before the people in a National Referendum to be approved or rejected.
25. On such a resolution being approved by a simple majority of the total number of votes cast and counted from all the Dzongkhags in the Kingdom, the Druk Gyalpo shall abdicate in favour of the heir apparent.
26. Parliament shall make no laws or exercise its powers to amend the provisions of this Article and section 2 of Article 1 except through a National Referendum.

Article 3 Spiritual Heritage

1. Buddhism is the spiritual heritage of Bhutan, which promotes the principles and values of peace, non-violence, compassion and tolerance.
2. The Druk Gyalpo is the protector of all religions in Bhutan.
3. It shall be the responsibility of religious institutions and personalities to promote the spiritual heritage of the country while also ensuring that religion remains separate from politics in Bhutan. Religious institutions and personalities shall remain above politics.
4. The Druk Gyalpo shall, on the recommendation of the Five Lopons, appoint a learned and respected monk ordained in accordance with the Druk-lu, with the nine qualities of a spiritual master and accomplished in ked-dzog, as the Je Khenpo.
5. His Holiness the Je Khenpo shall, on the recommendation of the Dratshang Lhentshog, appoint monks with the nine qualities of a spiritual master and accomplished in ked-dzog as the Five Lopons.
6. The members of the Dratshang Lhentshog shall comprise:
(a) The Je Khenpo as Chairman; (b) The Five Lopons of the Zhung Dratshang; and (c) The Secretary of the Dratshang Lhentshog who is a civil servant.
7. The Zhung Dratshang and Rabdeys shall continue to receive adequate funds and other facilities from the State.

Article 4 Culture

1. The State shall endeavour to preserve, protect and promote the cultural heritage of the country, including monuments, places and objects of artistic or historic interest, Dzongs, Lhakhangs, Goendeys, Ten-sum, Nyes, language, literature, music, visual arts and religion to enrich society and the cultural life of the citizens.
2. The State shall recognize culture as an evolving dynamic force and shall endeavour to strengthen and facilitate the continued evolution of traditional values and institutions that are sustainable as a progressive society.
3. The State shall conserve and encourage research on local arts, custom, knowledge and culture.
4. Parliament may enact such legislation as may be necessary to advance the cause of the cultural enrichment of Bhutanese society.

Article 5 Environment

1. Every Bhutanese is a trustee of the Kingdom’s natural resources and environment for the benefit of the present and future generations and it is the fundamental duty of every citizen to contribute to the protection of the natural environment, conservation of the rich biodiversity of Bhutan and prevention of all forms of ecological degradation including noise, visual and physical pollution through the adoption and support of environment friendly practices and policies.
2. The Royal Government shall:
(a) Protect, conserve and improve the pristine environment and safeguard the biodiversity of the country; (b) Prevent pollution and ecological degradation; (c) Secure ecologically balanced sustainable development while promoting justifiable economic and social development; and (d) Ensure a safe and healthy environment.
3. The Government shall ensure that, in order to conserve the country’s natural resources and to prevent degradation of the ecosystem, a minimum of sixty percent of Bhutan’s total land shall be maintained under forest cover for all time.
4. Parliament may enact environmental legislation to ensure sustainable use of natural resources and maintain intergenerational equity and reaffirm the sovereign rights of the State over its own biological resources.
5. Parliament may, by law, declare any part of the country to be a National Park, Wildlife Reserve, Nature Reserve, Protected Forest, Biosphere Reserve, Critical Watershed and such other categories meriting protection.

Article 6 Citizenship

1. A person, both of whose parents are citizens of Bhutan, shall be a natural born citizen of Bhutan.
2. A person, domiciled in Bhutan on or before the Thirty-First of December Nineteen Hundred and Fifty Eight and whose name is registered in the official record of the Government of Bhutan shall be a citizen of Bhutan by registration.
3. A person who applies for citizenship by naturalization shall:
(a) Have lawfully resided in Bhutan for at least fifteen years; (b) Not have any record of imprisonment for criminal offences within the country or outside; (c) Be able to speak and write Dzongkha;
(d) Have a good knowledge of the culture, customs, traditions and history of Bhutan; (e) Have no record of having spoken or acted against the Tsawa-sum; (f) Renounce the citizenship, if any, of a foreign State on being conferred Bhutanese citizenship; and (g) Take a solemn Oath of Allegiance to the Constitution as may be prescribed.
4. The grant of citizenship by naturalization shall take effect by a Royal Kasho of the Druk Gyalpo.
5. If any citizen of Bhutan acquires the citizenship of a foreign State, his or her citizenship of Bhutan shall be terminated.
6. Subject to the provisions of this Article and the Citizenship Acts, Parliament shall, by law, regulate all other matters relating to citizenship.

Article 7 Fundamental Rights

1. All persons shall have the right to life, liberty and security of person and shall not be deprived of such rights except in accordance with the due process of law.
2. A Bhutanese citizen shall have the right to freedom of speech, opinion and expression.
3. A Bhutanese citizen shall have the right to information.
4. A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement.
5. There shall be freedom of the press, radio and television and other forms of dissemination of information, including electronic.
6. A Bhutanese citizen shall have the right to vote.
7. A Bhutanese citizen shall have the right to freedom of movement and residence within Bhutan.
8. A Bhutanese citizen shall have the right to equal access and opportunity to join the Public Service.
9. A Bhutanese citizen shall have the right to own property, but shall not have the right to sell or transfer land or any immovable property to a person who is not a citizen of Bhutan, except in keeping with laws enacted by Parliament.
10. A Bhutanese citizen shall have the right to practice any lawful trade, profession or vocation.
11. A Bhutanese citizen shall have the right to equal pay for work of equal value.
12. A Bhutanese citizen shall have the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country, and shall have the right not to be compelled to belong to any association.
13. Every person in Bhutan shall have the right to material interests resulting from any scientific, literary or artistic production of which he or she is the author or creator.
14. A person shall not be deprived of property by acquisition or requisition, except for public purpose and on payment of fair compensation in accordance with the provisions of the law.
15. All persons are equal before the law and are entitled to equal and effective protection of the law and shall not be discriminated against on the grounds of race, sex, language, religion, politics or other status.
16. A person charged with a penal offence has the right to be presumed innocent until proven guilty in accordance with the law.
17. A person shall not be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
18. A person shall not be subjected to capital punishment.
19. A person shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence nor to unlawful attacks on the person’s honour and reputation.
20. A person shall not be subjected to arbitrary arrest or detention.
21. A person shall have the right to consult and be represented by a Bhutanese Jabmi of his or her choice.
22. Notwithstanding the rights conferred by this Constitution, nothing in this Article shall prevent the State from subjecting reasonable restriction by law, when it concerns:
(a) The interests of the sovereignty, security, unity and integrity of Bhutan; (b) The interests of peace, stability and well-being of the nation; (c) The interests of friendly relations with foreign States; (d) Incitement to an offence on the grounds of race, sex, language, religion or region; (e) The disclosure of information received in regard to the affairs of the State or in discharge of official duties; or (f) The rights and freedom of others.
23. All persons in Bhutan shall have the right to initiate appropriate proceedings in the Supreme Court or High Court for the enforcement of the rights conferred by this Article, subject to section 22 of this Article and procedures prescribed by law.

Article 8 Fundamental Duties

1. A Bhutanese citizen shall preserve, protect and defend the sovereignty, territorial integrity, security and unity of Bhutan and render national service when called upon to do so by Parliament.
2. A Bhutanese citizen shall have the duty to preserve, protect and respect the environment, culture and heritage of the nation.

3. A Bhutanese citizen shall foster tolerance, mutual respect and spirit of brotherhood amongst all the people of Bhutan transcending religious, linguistic, regional or sectional diversities.
4. A person shall respect the National Flag and the National Anthem.
5. A person shall not tolerate or participate in acts of injury, torture or killing of another person, terrorism, abuse of women, children or any other person and shall take necessary steps to prevent such acts.
6. A person shall have the responsibility to provide help, to the greatest possible extent, to victims of accidents and in times of natural calamity.
7. A person shall have the responsibility to safeguard public property.
8. A person shall have the responsibility to pay taxes in accordance with the law.
9. Every person shall have the duty to uphold justice and to act against corruption.
10. Every person shall have the duty to act in aid of the law.
11. Every person shall have the duty and responsibility to respect and abide by the provisions of this Constitution.

Article 9 Principles of State Policy

1. The State shall endeavour to apply the Principles of State Policy set out in this Article to ensure a good quality of life for the people of Bhutan in a progressive and prosperous country that is committed to peace and amity in the world.
2. The State shall strive to promote those conditions that will enable the pursuit of Gross National Happiness.
3. The State shall endeavour to create a civil society free of oppression, discrimination and violence, based on the rule of law, protection of human rights and dignity, and to ensure the fundamental rights and freedoms of the people.
4. The State shall endeavour to protect the telephonic, electronic, postal or other communications of all persons in Bhutan from unlawful interception or interruption.
5. The State shall endeavour to provide justice through a fair, transparent and expeditious process.
6. The State shall endeavour to provide legal aid to secure justice, which shall not be denied to any person by reason of economic or other disabilities.
7. The State shall endeavour to develop and execute policies to minimize inequalities of income, concentration of wealth, and promote equitable distribution of public facilities among individuals and people living in different parts of the Kingdom.
8. The State shall endeavour to ensure that all the Dzongkhags are treated with equity on the basis of different needs so that the allocation of national resources results in comparable socioeconomic development.
9. The State shall endeavour to achieve economic self-reliance and promote open and progressive economy.
10. The State shall encourage and foster private sector development through fair market competition and prevent commercial monopolies.
11. The State shall endeavour to promote those circumstances that would enable the citizens to secure an adequate livelihood.
12. The State shall endeavour to ensure the right to work, vocational guidance and training and just and favourable conditions of work.
13. The State shall endeavour to ensure the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
14. The State shall endeavour to ensure the right to fair and reasonable remuneration for one’s work.
15. The State shall endeavour to provide education for the purpose of improving and increasing knowledge, values and skills of the entire population with education being directed towards the full development of the human personality.
16. The State shall provide free education to all children of school going age up to tenth standard and ensure that technical and professional education is made generally available and that higher education is equally accessible to all on the basis of merit.
17. The State shall endeavour to take appropriate measures to eliminate all forms of discrimination and exploitation against women including trafficking, prostitution, abuse, violence, harassment and intimidation at work in both public and private spheres.
18. The State shall endeavour to take appropriate measures to ensure that children are protected against all forms of discrimination and exploitation including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation.
19. The State shall endeavour to promote those conditions that are conducive to co-operation in community life and the integrity of the extended family structure.
20. The State shall strive to create conditions that will enable the true and sustainable development of a good and compassionate society rooted in Buddhist ethos and universal human values.
21. The State shall provide free access to basic public health services in both modern and traditional medicines.
22. The State shall endeavour to provide security in the event of sickness and disability or lack of adequate means of livelihood for reasons beyond one’s control.
23. The State shall encourage free participation in the cultural life of the community, promote arts and sciences and foster technological innovation.
24. The State shall endeavour to promote goodwill and cooperation with nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by peaceful means in order to promote international peace and security.

Article 10 Parliament

1. There shall be a Parliament for Bhutan in which all legislative powers under this Constitution are vested and which shall consist of the Druk Gyalpo, the National Council and the National Assembly.
2. Parliament shall ensure that the Government safeguards the interests of the nation and fulfils the aspirations of the people through public review of policies and issues, Bills and other legislations, and scrutiny of State functions.
3. The election of the members of Parliament shall be in accordance with the provisions of the Electoral Laws of the Kingdom.
4. A person shall not be a member of the National Council as well as the National Assembly or a Local Government at the same time.
5. The Druk Gyalpo shall summon the first sitting of Parliament after each general election.
6. At the commencement of each session of Parliament, the Druk Gyalpo shall be received in a joint sitting of Parliament with Chibdrel Ceremony. Each session shall be opened with a Zhugdrel-phunsum tshog-pai ten-drel and each session shall conclude with the Tashi-mon-lam.
7. The Druk Gyalpo may address or sit in the proceedings of either House or a joint sitting of Parliament as and when deemed expedient.
8. The Druk Gyalpo may send messages to either or both the Houses as deemed expedient.
9. The House receiving the message shall, as early as possible, consider the matter referred to in the message and submit its opinion to the Druk Gyalpo.
10. The Prime Minister shall present an Annual Report on the state of the nation, including legislative plans and the annual plans and priorities of the Government, to the Druk Gyalpo and to a joint sitting of Parliament.
11. Both Houses shall determine their rules of procedure, and the proceedings of each House shall be conducted in accordance with its own rules. The rules of procedure in each House shall provide for the appointment of Committees to carry out the business of Parliament.
12. The Speaker and the Chairperson shall convene an extraordinary sitting of Parliament on the command of the Druk Gyalpo if the exigencies of the situation so demand.
13. Each Member of Parliament shall have one vote. In case of equal votes, the Speaker or the Chairperson shall cast the deciding vote. 14. The presence of not less than two-thirds of the total number of members of each House respectively shall constitute a quorum for a sitting of the National Council or the National Assembly. 15. The proceedings of Parliament shall be conducted in public. However, the Speaker or the Chairperson may exclude the press and the public from all or any part of the proceedings if there is a compelling need to do so in the interests of public order, national security or any other situation, where publicity would seriously prejudice public interest. 16. The Speaker shall preside over the proceedings of a joint sitting and the venue for the joint sitting of the Houses shall be the hall of the National Assembly. 17. When the office of a member of Parliament becomes vacant for any reason other than the expiration of term, an election of a member to fill the vacancy shall be held within ninety days as from the date of the vacancy. 18. The members of Parliament shall take an Oath or Affirmation of Office, as provided for in the Third Schedule of this Constitution, before assuming their responsibilities. 19. The Prime Minister, the Ministers, the Speaker, the Deputy Speaker, the Chairperson and Deputy Chairperson of the National Council shall take an Oath or Affirmation of Secrecy, as provided for in the Fourth Schedule of this Constitution, before assuming office.
20. Every member of Parliament shall maintain the decorum and dignity of the House and shall desist from acts of defamation and use of physical force.
21. The members of Parliament or any Committee thereof shall be immune from any inquiry, arrest, detention or prosecution on account of any opinion expressed in the course of the discharge of their functions or vote cast in Parliament and no person shall be liable in respect of any report, paper or proceedings made or published under the authority of Parliament.
22. The immunities herein granted shall not cover corrupt acts committed by the members in connection with the discharge of their duties or cover other acts of accepting money or any other valuables in consideration to speak or to vote in a particular manner.
23. The concurrence of not less than two-thirds of the total number of members of each House respectively is required to remove the right of immunity of a member.
24. The National Assembly and the National Council shall continue for five years from the date of the first sitting of the respective Houses. While the National Council shall complete its five-year term, premature dissolution of the National Assembly may take place on the recommendation of the Prime Minister to the Druk Gyalpo or in the event of a motion of no confidence vote against the Government being passed in the National Assembly or in accordance with section 12 of Article 15.
25. Except for existing International Conventions, Covenants, Treaties, Protocols and Agreements entered into by Bhutan, which shall continue in force subject to section 10 of Article 1, all International Conventions, Covenants, Treaties, Protocols and Agreements duly acceded to by the Government hereafter, shall be deemed to be the law of the Kingdom only upon ratification by Parliament unless it is inconsistent with this Constitution.

Article 11 The National Council

1. The National Council shall consist of twenty-five members comprising:
(a) One member elected by the voters in each of the twenty Dzongkhags; and (b) Five eminent persons nominated by the Druk Gyalpo.
2. Besides its legislative functions, the National Council shall act as the House of review on matters affecting the security and sovereignty of the country and the interests of the nation and the people that need to be brought to the notice of the Druk Gyalpo, the Prime Minister and the National Assembly.
3. A candidate to or a member of the National Council shall not belong to any political party.
4. At the first sitting after any National Council election, or when necessary to fill a vacancy, the National Council shall elect a Chairperson and Deputy Chairperson from among its members.

5. The Druk Gyalpo shall, by warrant under His hand and seal, confer Dakyen to the Chairperson.
6. The National Council shall assemble at least twice a year.
Article 12 The National Assembly
1. The National Assembly shall have a maximum of fifty-five members, elected from each Dzongkhag in proportion to its population, provided that no Dzongkhag shall have less than two members or more than seven members, for which purpose Parliament shall, by law, provide for each Dzongkhag to be divided into constituencies through appropriate delimitation, and for the voters in each constituency directly electing one member to the National Assembly.
2. The number of elected members from each Dzongkhag shall be reapportioned to reflect the changing registered voter population after every ten years, subject to the limitation of a minimum of two and a maximum of seven members from each Dzongkhag.
3. At the first sitting after any general election, or when necessary to fill a vacancy, the National Assembly shall elect a Speaker and a Deputy Speaker from among its members.
4. The Druk Gyalpo shall, by warrant under His hand and seal, confer Dakyen to the Speaker.
5. The National Assembly shall assemble at least twice a year.

Article 13 Passing of Bills

1. A Bill passed by Parliament shall come into force upon Assent of the Druk Gyalpo. 2. Money Bills and financial Bills shall originate only in the National Assembly whereas any other legislative Bill may originate in either House. 3. A Bill pending in either House shall not lapse by reason of the prorogation of either House. 4. A Bill shall be passed by a simple majority of the total number of members of the respective Houses or by not less than twothirds of the total number of members of both Houses present and voting, in the case of a joint sitting. 5. Where a Bill has been introduced and passed by one House, it shall present the Bill to the other House within thirty days from the date of passing and that Bill may be passed during the next session of Parliament. In the case of Budget and Urgent Bills, they shall be passed in the same session of Parliament. 6. Where the other House also passes the Bill, that House shall submit the Bill to the Druk Gyalpo for Assent within fifteen days from the date of passing of such Bill. 7. Where the other House does not pass the Bill, that House shall return it to the House in which the Bill originated with amendments or objections for re-deliberation. If the Bill is then passed, it shall be presented to the Druk Gyalpo for Assent within fifteen days from the date of passing of such Bill.

8. Where the House in which the Bill originated refuses to incorporate such amendments or objections of the other House, it shall submit the Bill to the Druk Gyalpo, who shall then command the Houses to deliberate and vote on the Bill in a joint sitting.
9. Where the other House neither passes nor returns the Bill by the end of the next session, the Bill shall be deemed to have been passed by that House and the House in which the Bill originated shall present the Bill within fifteen days to the Druk Gyalpo for Assent.
10. Where the Druk Gyalpo does not grant Assent to the Bill, He shall return the Bill with amendments or objections to deliberate and vote on the Bill in a joint sitting.
11. Upon deliberation and passing of the Bill in a joint sitting, it shall be resubmitted to the Druk Gyalpo for Assent thereto, whereupon Assent shall be granted to the Bill.
Article 14 Finance, Trade and Commerce
1. Taxes, fees and other forms of levies shall not be imposed or altered except by law.
2. There shall be a Consolidated Fund into which shall be deposited all public monies not allocated to specific purposes by law and from which expenditure of the State shall be met.
3. Public money shall not be drawn from the Consolidated Fund except through appropriation in accordance with the law.

4. The Government, in the public interest, may raise loans, make grants or guarantee loans in accordance with the law.
5. The Government shall exercise proper management of the monetary system and public finance. It shall ensure that the servicing of public debt will not place an undue burden on future generations.
6. The Government shall ensure that the cost of recurrent expenditures is met from internal resources of the country.
7. A minimum foreign currency reserve that is adequate to meet the cost of not less than one year’s essential import must be maintained.
8. The annual budget, with a report on the budget of the previous fiscal year, shall be presented to the National Assembly by the Finance Minister.
9. Where the budget has not been approved by the National Assembly before the beginning of the fiscal year, the preceding budget on current expenses shall be applied until the new one is sanctioned. Revenues shall be collected and disbursements made in accordance with the law in force at the end of the preceding year. However, if one or more parts of the new budget have been approved, they shall be put into effect.
10. Any expenditure not included in the budget, or in excess of the budget appropriation, as well as the transfer of any fund from one part of the budget to another, shall be made in accordance with the law.

11. Funds for more than one fiscal year may be appropriated in accordance with the law if the nature of the expenditure so requires. In such a case, each annual successive budget shall include the funds allocated for that year.
12. Parliament shall establish a relief fund and the Druk Gyalpo shall have the prerogative to use this fund for urgent and unforeseen humanitarian relief.
13. The State shall make adequate financial provisions for the independent administration of constitutional bodies.
14. Unless otherwise provided for under the provisions of this Constitution or any other laws, there shall be free movement of goods and services among all the Dzongkhags.
15. Trade and Commerce with foreign nations shall be regulated by law.
16. Parliament shall not enact laws that allow monopoly except to safeguard national security.
Article 15 Political Parties
1. Political parties shall ensure that national interests prevail over all other interests and, for this purpose, shall provide choices based on the values and aspirations of the people for responsible and good governance.
2. Political parties shall promote national unity and progressive economic development and strive to ensure the well-being of the nation.

3. Candidates and political parties shall not resort to regionalism, ethnicity and religion to incite voters for electoral gain.
4. A political party shall be registered by the Election Commission on its satisfying the qualifications and requirements set out hereinafter, that:
(a) Its members shall be Bhutanese citizens and not otherwise disqualified under this Constitution; (b) Its membership is not based on region, sex, language, religion or social origin; (c) It is broad-based with cross-national membership and support and is committed to national cohesion and stability; (d) It does not accept money or any assistance other than those contributions made by its registered members, and the amount or value shall be fixed by the Election Commission; (e) It does not receive money or any assistance from foreign sources, be it governmental, non-governmental, private organizations or from private parties or individuals; (f) Its members shall bear true faith and allegiance to this Constitution and uphold the sovereignty, territorial integrity, security and unity of the Kingdom; (g) It is established for the advancement of democracy and for the social, economic and political growth of Bhutan; and (h) It has not been dissolved earlier under the provisions of section 11 of this Article.

5. Election to the National Assembly shall be by two political parties established through a primary round of election in which all registered political parties may participate.
6. A primary round of election shall be held to select the two political parties for the general election on the expiry of the term of the National Assembly or in the event of dissolution under section 12 of this Article.
7. The two political parties obtaining the first and the second highest number of votes in the primary election shall be declared as the two political parties for the purpose of section 5 of this Article to contest in the general election.
8. The party which wins the majority of seats in the National Assembly in the general election shall be declared as the ruling party and the other as the opposition party. However, in the case of casual vacancy, if the opposition party gains majority of seats in the National Assembly after the bye-election, such party shall be declared as the ruling party.
9. No election shall be held where the remainder of the term of the National Assembly is less than one hundred and eighty days.
10. The members of the National Assembly belonging to one party shall not defect to the other party either individually or en bloc.

11. A political party shall be dissolved only by declaration of the Supreme Court:
(a) If the objectives or activities of the party are in contravention of the provisions of this Constitution; (b) If it has received money or assistance from foreign sources; (c) On such other grounds as may be prescribed by Parliament or under a law in force; or (d) On violation of the Electoral Laws.
12. Where the ruling party in the National Assembly stands dissolved under section 11 of this Article or the Government is dismissed under section 24 of Article 10 or under section 7 of Article 17, the National Assembly shall also stand dissolved and, accordingly, sections 1 to 8 of this Article shall apply.
13. During the election of the opposition party under section 14 of this Article, the National Assembly shall be suspended animation and the ruling party and their candidates shall not contest in the elections.
14. Where the original opposition party stands dissolved under this Constitution, an opposition party shall be elected:
(a) Within sixty days from the date of the dissolution of the original opposition party; (b) From the parties registered with the Election Commission in accordance with section 4 of this Article; and (c) Through an election held under the Electoral Laws to fill the seats of those constituencies which stood vacant on the dissolution of the original opposition party.

15. Upon such election of the opposition party and the seats having been filled up, the National Assembly shall resume thereafter in accordance with the provisions of this Constitution.
16. Parliament shall, by law, regulate the formation, functions, ethical standards, and intra-party organization of political parties and shall ensure the transparency of party funds through regular auditing of their accounts.
Article 16 Public Campaign Financing
1. Parliament shall, by law, establish a Public Election Fund into which shall be paid every year such amounts as the Election Commission may consider appropriate to fund registered political parties and their candidates during elections to the National Assembly and candidates to the National Council.
2. The payment out of the Public Election Fund shall be made by the Election Commission in a non-discriminatory manner to registered political parties and candidates in accordance with laws made by Parliament.
3. The Election Commission shall fix a ceiling for the total expenditure that may be incurred by political parties and their candidates taking part in elections to the National Assembly.
4. The Election Commission shall fix a ceiling for contribution offered voluntarily by any of its registered members to a political party subject to the provisions of the Election Fund Act.

5. The funding received by political parties and their candidates shall be subjected to scrutiny and auditing as called for by the Election Commission in accordance with laws made by Parliament or law in force.
Article 17 Formation of Government
1. The Druk Gyalpo shall confer Dakyen to the leader or nominee of the party, which wins the majority of seats in the National Assembly, as the Prime Minister.
2. No person shall hold office as Prime Minister for more than two terms.
3. The Druk Gyalpo shall appoint Ministers from among the members of the National Assembly, on the recommendation of the Prime Minister, or shall remove a Minister on the advice of the Prime Minister.
4. A candidate for the post of Prime Minister or Minister shall be an elected member of the National Assembly and a natural born citizen of Bhutan.
5. Not more than two members elected from the electoral constituencies of the same Dzongkhag shall be entitled to be appointed as Ministers.
6. A motion of no confidence against the Government may be moved by not less than one-third of the total number of members of the National Assembly.

7. A vote of no confidence against the Government, if passed by not less than two-thirds of the total number of members of the National Assembly, shall require the Government to be dismissed by the Druk Gyalpo.

Article 18 The Opposition Party

1. The Opposition Party shall play a constructive role to ensure that the Government and the ruling party function in accordance with the provisions of this Constitution, provide good governance and strive to promote the national interest and fulfil the aspirations of the people.
2. The Opposition Party shall promote national integrity, unity and harmony, and co-operation among all sections of society.
3. The Opposition Party shall endeavour to promote and engage in constructive and responsible debate in Parliament while providing healthy and dignified opposition to the Government.
4. The Opposition Party shall not allow party interests to prevail over the national interest. Its aim must be to make the Government responsible, accountable and transparent.
5. The Opposition Party shall have the right to oppose the elected Government, to articulate alternative policy positions and to question the Government’s conduct of public business.
6. The Opposition Party shall aid and support the Government in times of external threat, natural calamities and such other national crises when the security and national interest of the country is at stake.

Article 19 Interim Government

1. Whenever the National Assembly is dissolved, the Druk Gyalpo shall appoint an Interim Government to function for a period, which shall not exceed ninety days, to enable the Election Commission to hold free and fair elections.
2. The Interim Government shall consist of a Chief Advisor and other Advisors appointed by the Druk Gyalpo within fifteen days after the dissolution of the National Assembly. The Chief Justice of Bhutan shall be appointed as the Chief Advisor.
3. Upon the appointment of the Interim Government, the Prime Minister and the Ministers who were in office immediately before the National Assembly was dissolved shall resign from office.
4. The Interim Government shall carry out the routine functions of the Government but shall not be entitled to take any policy decisions or enter into any agreement with foreign governments or organizations.
5. The Government shall be formed within ninety days from the date of dissolution of the National Assembly.
6. The Interim Government shall cease to exist from the date on which the new Prime Minister enters office when the new National Assembly is constituted.

Article 20 The Executive

1. The Government shall protect and strengthen the sovereignty of the Kingdom, provide good governance, and ensure peace, security, well-being and happiness of the people.
2. The Executive Power shall be vested in the Lhengye Zhungtshog which shall consist of the Ministers headed by the Prime Minister. The number of Ministers shall be determined by the number of Ministries required to provide efficient and good governance. Creation of an additional ministry or reduction of any ministry shall be approved by Parliament. Ministries shall not be created for the purpose only of appointing Ministers.
3. Subject to sections 16 and 19 of Article 2, the Lhengye Zhungtshog shall aid and advise the Druk Gyalpo in the exercise of His functions including international affairs, provided that the Druk Gyalpo may require the Lhengye Zhungtshog to reconsider such advice, either generally or otherwise.
4. The Prime Minister shall keep the Druk Gyalpo informed from time to time about the affairs of the State, including international affairs, and shall submit such information and files as called for by the Druk Gyalpo.
5. The Lhengye Zhungtshog shall:
(a) Assess the state of affairs arising from developments in the State and society and from events at home and abroad;
(b) Define the goals of State action and determine the resources required to achieve them; (c) Plan and co-ordinate government policies and ensure their implementation; and (d) Represent the Kingdom at home and abroad.
6. The Lhengye Zhungtshog shall promote an efficient civil administration based on the democratic values and principles enshrined in this Constitution.
7. The Lhengye Zhungtshog shall be collectively responsible to the Druk Gyalpo and to Parliament.
8. The Executive shall not issue any executive order, circular, rule or notification which is inconsistent with or shall have the effect of modifying, varying or superseding any provision of a law made by Parliament or a law in force.

Article 21 The Judiciary

1. The Judiciary shall safeguard, uphold, and administer Justice fairly and independently without fear, favour, or undue delay in accordance with the Rule of Law to inspire trust and confidence and to enhance access to Justice.
2. The judicial authority of Bhutan shall be vested in the Royal Courts of Justice comprising the Supreme Court, the High Court, the Dzongkhag Court, the Dungkhag Court and such other Courts and Tribunals as may be established from time to time by the Druk Gyalpo on the recommendation of the National Judicial Commission.
3. The Supreme Court shall be a court of record.
4. The Chief Justice of Bhutan shall be appointed from among the Drangpons of the Supreme Court or from among eminent jurists by the Druk Gyalpo, by warrant under His hand and seal in consultation with the National Judicial Commission.
5. The Drangpons of the Supreme Court shall be appointed from among the Drangpons of the High Court or from among eminent jurists by the Druk Gyalpo, by warrant under His hand and seal in consultation with the National Judicial Commission.
6. The term of office of:
(a) The Chief Justice of Bhutan shall be five years or until attaining the age of sixty-five years, whichever is earlier; and (b) The Drangpons of the Supreme Court shall be ten years or until attaining the age of sixty-five years, whichever is earlier.
7. The Supreme Court of Bhutan, which shall comprise the Chief Justice and four Drangpons, shall be the highest appellate authority to entertain appeals against the judgments, orders, or decisions of the High Court in all matters and shall have the power to review its judgments and orders.
8. Where a question of law or fact is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court, the Druk Gyalpo may refer the question to the Supreme Court for its consideration, which shall hear the reference and submit its opinion to Him.
9. The Supreme Court may, on its own motion or on an application made by the Attorney General or by a party to a case, withdraw any case pending before the High Court involving a substantial question of law of general importance relating to the interpretation of this Constitution and dispose off the case itself.
10. The Supreme Court and the High Court may issue such declarations, orders, directions or writs as may be appropriate in the circumstances of each case.
11. The Chief Justice of the High Court shall be appointed from among the Drangpons of the High Court or from among eminent jurists by the Druk Gyalpo, by warrant under His hand and seal, on the recommendation of the National Judicial Commission.
12. The Drangpons of the High Court shall be appointed from among the Drangpons of the Dzongkhag Courts or from among eminent jurists by the Druk Gyalpo, by warrant under His hand and seal, on the recommendation of the National Judicial Commission.
13. The term of office of the Chief Justice and the Drangpons of the High Court shall be ten years or until attaining the age of sixty years, whichever is earlier.
14. The High Court of Bhutan, which shall comprise of a Chief Justice and eight Drangpons, shall be the court of appeal from the Dzongkhag Courts and Tribunals in all matters and shall exercise original jurisdiction in matters not within the jurisdiction of the Dzongkhag Courts and Tribunals.
15. The independence of the Drangpons of the Supreme Court and the High Court shall be guaranteed, provided that a Drangpon may be censured or suspended by a command of the Druk Gyalpo on the recommendation of the National Judicial Commission for proven misbehaviour, which, in the opinion of the Commission, does not deserve impeachment.
16. Parliament may, by law, establish impartial and independent Administrative Tribunals as well as Alternative Dispute Resolution centres.
17. The Druk Gyalpo shall appoint members of the National Judicial Commission by warrant under His hand and seal. The National Judicial Commission shall comprise:
(a) The Chief Justice of Bhutan as Chairperson; (b) The senior most Drangpon of the Supreme Court; (c) The Chairperson of the Legislative Committee of the National Assembly; and (d) The Attorney General.
18. Every person has the right to approach the courts in matters arising out of the Constitution or other laws subject to section 23 of Article 7.

Article 22 Local Governments

1. Power and authority shall be decentralized and devolved to elected Local Governments to facilitate the direct participation of the people in the development and management of their own social, economic and environmental well-being.

2. Bhutan shall have Local Governments in each of the twenty Dzongkhags comprising the Dzongkhag Tshogdu, Gewog Tshogde and Thromde Tshogde.
3. Local Governments shall ensure that local interests are taken into account in the national sphere of governance by providing a forum for public consideration on issues affecting the local territory.
4. The objectives of Local Government shall be to:
(a) Provide democratic and accountable government for local communities; (b) Ensure the provision of services to communities in a sustainable manner; (c) Encourage the involvement of communities and community organizations in matters of local governance; and (d) Discharge any other responsibilities as may be prescribed by law made by Parliament.
5. A Local Government shall strive, within its financial and administrative capacity, to achieve the objectives set out under this Article.
6. The Dzongkhag Tshogdu shall comprise:
(a) The Gup and Mangmi as the two elected representatives from each Gewog; (b) One elected representative from that Dzongkhag Thromde; and (c) One elected representative from Dzongkhag Yenlag Thromdes.

7. A Gewog shall be divided into Chiwogs for the election of the Tshogpas to the Gewog Tshogde. The Gup and Mangmi, who are elected by the people of the Gewog shall be the members of the Gewog Tshogde. The Gup shall be the Chairperson of the Gewog Tshogde.
8. A Thromde Tshogde shall be headed by a Thrompon, who is directly elected by the voters of the Dzongkhag Thromde. The powers and functions of the Thrompon shall be defined by law made by Parliament.
9. A Dzongkhag Thromde shall be divided into constituencies for the election of the members of the Thromde Tshogde.
10. A Gewog Tshogde or a Thromde Tshogde shall not have more than ten and fewer than seven elected members.
11. The Dzongkhag Tshogdu shall elect a Chairperson from among its members.
12. The Dzongkhag Tshogdu shall meet at least twice a year while the Gewog Tshogde and the Thromde Tshogde shall assemble at least three times a year.
13. The presence of not less than two-thirds of the total number of members shall be required to constitute a quorum for a sitting of a Local Government.
14. When the office of a member of the Local Government becomes vacant for any reason other than the expiration of term, an election of a member to fill the vacancy shall be held within thirty days as from the date of the vacancy.

15. The members of Local Governments shall take an Oath or Affirmation of Office, as provided for in the Third Schedule of this Constitution, before assuming their responsibilities.
16. The election of the members of Local Governments shall be conducted in accordance with the provisions of the Electoral Laws.
17. A candidate to or a member of the Local Governments shall not belong to any political party.
18. Local Governments shall be:
(a) Supported by the Government in the development of administrative, technical and managerial capacities and structures which are responsive, transparent, and accountable; (b) Entitled to levy, collect, and appropriate taxes, duties, tolls, and fees in accordance with such procedure and subject to limitations as may be provided for by Parliament by law; (c) Entitled to adequate financial resources from the Government in the form of annual grants; (d) Allocated a proportion of national revenue to ensure self-reliant and self-sustaining units of local selfgovernment; (e) Supported by the Government to promote holistic and integrated area-based development planning; and (f) Entitled to own assets and incur liabilities by borrowing on their own account subject to such limitations as may be provided for by Parliament by law.

19. Local Governments shall be supported by administrative machinery staffed by civil servants.
20. A Dzongkhag shall have a Dzongdag as the chief executive supported by civil servants. The Dzongdag shall have no political affiliation and shall discharge his or her responsibilities as the chief executive in the interests of the people and the country.
21. The Dzongkhag Tshogdu, the Gewog Tshogde and the Thromde Tshogde, unless sooner dissolved, shall continue for five years from the date of the first sitting of the respective bodies.
22. The powers and functions of the Dzongdag and the Local Governments shall be in accordance with the laws made by Parliament.

Article 23 Elections

1. Under this Constitution, the general will of the people shall be the basis of government and it shall be expressed through periodic elections.
2. A person shall have the right to vote by direct adult suffrage through secret ballot at an election if the person is:
(a) A Bhutanese citizen as evidenced by a Citizenship Card; (b) Not less than eighteen years of age;

(c) Registered in the civil registry of that constituency for not less than one year, prior to the date of the election; and (d) Not otherwise disqualified from voting under any law in force in Bhutan.
3. A candidate for an elective office under this Constitution shall:
(a) Be a Bhutanese citizen; (b) Be registered voter of that constituency; (c) Be a minimum of twenty-five years and maximum of sixty-five years of age at the time of filing the nomination; (d) Not receive money or any assistance from foreign sources, be it governmental, non-governmental, private organizations or from private parties or individuals; and (e) Fulfil the necessary educational and other qualifications prescribed in the Electoral Laws.
4. A person shall be disqualified as a candidate or a member holding an elective office under this Constitution, if the person:
(a) Is married to a person who is not a citizen of Bhutan; (b) Is terminated from Public Service; (c) Is convicted for any criminal offence and sentenced to imprisonment; (d) Is in arrears of taxes or other dues to the Government; (e) Has failed to lodge accounts of election expenses within the time and in the manner required by law without good reason or justification;

(f) Holds any office of profit under the Government, public companies or corporations as prescribed in the Electoral Laws; or (g) Is disqualified under any law made by Parliament.
5. Any disqualification under section 4 of this Article shall be adjudicated by the High Court on an election petition filed pursuant to a law made by Parliament under section 7 of this Article.
6. In order to provide for informed choice by the voter, a candidate for an elective office shall file, along with his or her nomination, an affidavit, declaring:
(a) The income and assets of the candidate, spouse and dependent children; (b) His or her bio-data and educational qualifications; (c) Records of criminal convictions, if any; and (d) Whether the candidate is accused in a pending case for an offence punishable with imprisonment for more than one year and in which charges are framed or cognizance is taken by a court of law prior to the date of filing of such a nomination.
7. Parliament shall, by law, make provisions for all matters relating to, or in connection with, elections including the filing of election petitions challenging elections to Parliament and Local Governments, and the Code of Conduct for the political parties and the conduct of the election campaign as well as all other matters necessary for the due constitution of the Houses of Parliament and the Local Governments.

Article 24 Election Commission

1. There shall be an Election Commission which shall be responsible for the preparation, maintenance, and periodical updating of electoral rolls, the election schedule, and the supervision, direction, control, and conduct of elections to Parliament and Local Governments, as well as holding of National Referendums, in a free and fair manner.
2. The Election Commission shall be independent and shall consist of a Chief Election Commissioner and two Election Commissioners, appointed by the Druk Gyalpo from a list of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party.
3. The term of office of the Chief Election Commissioner and Election Commissioners shall be five years or until they attain the age of sixty-five years, whichever is earlier.
4. The Election Commission shall be responsible for the delimitation of constituencies for election of the members of Parliament and Local Governments.
5. Parliament shall, by law, ensure that the Election Commission holds elections so that the National Assembly and Local Governments are re-constituted within ninety days after its dissolution.

Provided that in the case of the National Council, elections shall be held so that it is re-constituted on the date of expiry of the term. In the case of the Dzongkhag Tshogdu, the Gewog Tshogde and the Thromde Tshogde being dissolved prematurely, it shall be re-constituted within ninety days after its dissolution.
6. The Election Commission shall function in accordance with the Electoral Laws.

Article 25 The Royal Audit Authority

1. There shall be a Royal Audit Authority to audit and report on the economy, efficiency, and effectiveness in the use of public resources.
2. The Royal Audit Authority shall be an independent authority headed by the Auditor General who shall be appointed by the Druk Gyalpo from a list of eminent persons recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party.
3. The term of office of the Auditor General shall be five years or until attaining the age of sixty-five years, whichever is earlier.
4. The Royal Audit Authority shall, without fear, favour, or prejudice, audit the accounts of all departments and offices of the Government including all offices in the Legislature and the Judiciary, all public authorities and bodies administering public funds, the police and the defence forces as well as the
revenues, public and other monies received and the advances and reserves of Bhutan.
5. The Auditor General shall submit an Annual Audit Report to the Druk Gyalpo, the Prime Minister and Parliament.
6. Parliament shall appoint a five member Public Accounts Committee, comprising members of Parliament who are reputed for their integrity, to review and report on the Annual Audit Report to Parliament for its consideration or on any other report presented by the Auditor General.
7. The Royal Audit Authority shall function in accordance with the Audit Act.

Article 26 The Royal Civil Service Commission

1. There shall be a Royal Civil Service Commission, which shall promote and ensure an independent and apolitical civil service that will discharge its public duties in an efficient, transparent and accountable manner.
2. The Commission shall consist of a Chairperson and four other members appointed by the Druk Gyalpo from among eminent persons having such qualifications and experience as would enhance the performance of the Commission, from a list of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party.
3. The term of office of the Chairperson and members of the Commission shall be five years or until they attain the age of sixty-five years, whichever is earlier.
4. The Commission shall endeavour to ensure that civil servants render professional service, guided by the highest standards of ethics and integrity to promote good governance and social justice, in implementing the policies and programmes of the Government.
5. The Commission shall, in the interest of promoting merit, productivity and equity, ensure that uniform rules and regulations on recruitment, appointment, staffing, training, transfers and promotion prevail throughout the civil service.
6. The Commission shall ensure that all civil servants shall have recourse to justice through the Administrative Tribunal established under section 16 of Article 21 to hear their appeals against administrative decisions including those of the Commission.
7. Every civil servant who has been adversely affected by an administrative action shall have the right of access to the Commission.
8. The Commission shall meet regularly and shall be supported by a permanent Secretariat, which shall function as the central personnel agency of the Government.
9. The Commission shall submit an Annual Report on its policies and performances to the Druk Gyalpo and to the Prime Minister.
10. The Royal Civil Service Commission shall function in accordance with the Civil Service Act.

Article 27 The Anti-Corruption Commission

1. There shall be an Anti-Corruption Commission, headed by a Chairperson and comprising two members, which shall be an independent authority and shall take necessary steps to prevent and combat corruption in the Kingdom.
2. The Chairperson and members of the Commission shall be appointed by the Druk Gyalpo from a list of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party.
3. The term of office of the Chairperson and members of the Commission shall be five years or until attaining the age of sixty-five years, whichever is earlier.
4. The Commission shall submit an Annual Report on its policies and performances to the Druk Gyalpo, the Prime Minister and Parliament.
5. Prosecution of individuals, parties or organizations on the basis of the findings of the Commission shall be undertaken expeditiously by the Office of the Attorney General for adjudication by the courts.
6. The Anti-Corruption Commission shall function in accordance with the Anti-Corruption Act.

Article 28 Defence

1. The Druk Gyalpo shall be the Supreme Commander in Chief of the Armed Forces and the Militia.
2. The Royal Body Guards shall be responsible for the security of the Druk Gyalpo while the Royal Bhutan Army shall serve as a professional standing army and both forces shall form the core of Bhutan’s defence against security threats.
3. The Royal Bhutan Police shall, as a trained uniform force under the Ministry of Home Affairs, be primarily responsible for maintaining law and order and prevention of crime, and shall also be considered an important part of the nation’s security force.
4. Parliament may, by law, require compulsory militia service for adult citizens to strengthen the defence of the country.
5. The State shall be responsible for the maintenance of the Armed Forces to safeguard the security of the country and the well-being of the nation.

6. Bhutan shall not use military force against a foreign State except in self-defence or for the purpose of maintaining its security, territorial integrity and sovereignty.
Article 29 The Attorney General
1. There shall be an Office of the Attorney General, which shall be autonomous, to carry out the responsibilities within the domain and authority of the Government and such other legal matters as may be entrusted to the office.
2. The Druk Gyalpo shall, by warrant under His hand and seal, appoint an eminent jurist as the Attorney General on the recommendation of the Prime Minister.
3. The Attorney General as the chief legal officer shall be the legal advisor to and legal representative of the Government.
4. In the performance of his or her duties, the Attorney General shall have the right to appear before all courts.
5. The Attorney General shall have the power to institute, initiate, or withdraw any case in accordance with the law.
6. The Attorney General shall have the right to appear and express opinions on any legal question in Parliament.
7. The Attorney General shall submit an Annual Report to the Druk Gyalpo and to the Prime Minister.
8. The Attorney General’s Office shall function in accordance with the Office of the Attorney General’s Act.

Article 30 The Pay Commission

1. There shall be a Pay Commission, headed by a Chairperson, which shall be autonomous and shall be constituted, from time to time, on the recommendation of the Prime Minister.
2. The Pay Commission shall recommend to the Government revisions in the structure of the salary, allowances, benefits, and other emoluments of the Royal Civil Service, the Judiciary, the members of Parliament and Local Governments, the holders and the members of constitutional offices and all other public servants with due regard to the economy of the Kingdom and other provisions of this Constitution.
3. The recommendations of the Commission shall be implemented only on the approval of the Lhengye Zhungtshog and subject to such conditions and modifications as may be made by Parliament.

Article 31 Holders of Constitutional Offices

1. No person shall hold a constitutional office or post under this Constitution unless the person is:
(a) A natural born citizen of Bhutan; and (b) Not married to a person who is not a citizen of Bhutan.
2. The holders of constitutional offices under this Constitution shall be:
(a) The Chief Justice of Bhutan and the Drangpons of the Supreme Court; (b) The Chief Justice and the Drangpons of the High Court; (c) The Chief Election Commissioner; (d) The Auditor General; (e) The Chairperson of the Royal Civil Service Commission; and (f) The Chairperson of the Anti-Corruption Commission.
3. The holders of the constitutional offices shall have no political affiliation.
4. The holders of the constitutional offices shall not be eligible for re-appointment.
5. Parliament may, by law, prescribe necessary educational and other qualifications for the holders of constitutional offices.
6. The holders of constitutional offices shall take an Oath or Affirmation of Office, as provided for in the Third Schedule of this Constitution, before assuming office.
7. The salary, tenure, discipline and other conditions of service of the holders of constitutional offices shall be as prescribed by law, provided that the salary and benefits of the holders of constitutional offices shall not be varied to their disadvantage after appointment.

Article 32 Impeachment

1. The holders of constitutional offices shall be removed only by way of impeachment by Parliament.
2. A holder of constitutional office shall be liable to be impeached only on the ground of incapacity, incompetency or serious misconduct with the concurrence of not less than two-thirds of the total number of members of Parliament.
3. The Chief Justice of Bhutan shall preside over all impeachment proceedings and, in the case of the impeachment of the Chief Justice of Bhutan, the senior most Drangpon of the Supreme Court shall preside.
4. The Attorney General shall submit a written report on the Articles of impeachment to the Speaker.
5. The procedure for impeachment, incorporating the principles of natural justice, shall be as laid down by law made by Parliament.
Article 33 Emergency
1. The Druk Gyalpo may, on the written advice of the Prime Minister, proclaim an emergency if the sovereignty, security, and territorial integrity of Bhutan or any part thereof is threatened by an act of external aggression or armed rebellion.
2. The Druk Gyalpo may, on the written advice of the Prime Minister, proclaim that a public emergency or calamity, which threatens or affects the nation as a whole or part thereof, exists in which case the Government may take measures to the extent strictly required by the exigencies of the situation.
3. The Proclamation of Emergency under section 1 or 2 of this Article shall remain in force for a period of not more than twenty-one days from the date of the Proclamation unless Parliament, in a joint sitting, resolves by not less than twothirds of the total number of members of Parliament to extend it within the said period.
4. Not less than one-fourth of the total number of members of the National Assembly may move a resolution to disapprove such a Proclamation of Emergency or disapprove the continuance in force of such Proclamation by writing to the Druk Gyalpo if the House is not in session and to the Speaker if the House is in session.
5. A joint sitting shall be held at the earliest date within twentyone days from the day on which the motion is received by the Speaker or, as the case may be, by the Druk Gyalpo, failing which the Proclamation of Emergency shall lapse.
6. Where a Proclamation of Emergency is in operation, the Government shall be empowered to give appropriate directions to the concerned Local Government.
7. Where a Proclamation of Emergency is in operation, the enforcement of the rights conferred by this Constitution under sections 2, 3, 5, 12 and 19 of Article 7 may be suspended.

8. The Druk Gyalpo may, on the written advice of the Prime Minister, proclaim a Financial Emergency if His Majesty is satisfied that a situation has arisen whereby the financial stability or credit of Bhutan is threatened. Such a Proclamation shall be laid before each House within a period of twenty-one days after such Proclamation unless Parliament, in a joint sitting, resolves by not less than two-thirds of the total number of members of Parliament to extend it within the said period.
9. The Constitution shall not be amended during a state of emergency.

Article 34 National Referendum

1. The will of the people shall be expressed in a National Referendum. A simple majority of the total number of votes cast and counted shall be required for the referendum to be adopted.
2. The Druk Gyalpo may command a National Referendum if:
(a) In His opinion a Bill, which is not passed in a joint sitting of Parliament, is of national importance; or (b) An appeal is made by not less than fifty percent of the total number of members of all Dzongkhag Tshogdues.
3. A National Referendum shall not be held on the question of imposition, variation, repeal of taxes or any other grounds as may be prescribed by law made by Parliament.
4. Parliament shall, by law, prescribe the procedure for holding a National Referendum.

Article 35 Amendment & Authoritative Text

1. Subject to the provision of section 26 of Article 2 and section 9 of Article 33, Parliament shall have the power to amend by way of addition, variation, or repeal the provisions of this Constitution in accordance with the procedure set out in this Article.
2. A motion to amend the Constitution under section 1 of this Article shall be initiated by a simple majority of the total number of members of Parliament at a joint sitting and, on being passed by not less than three-fourths of the total number of members in the next session at a joint sitting of Parliament, the Constitution shall stand amended on Assent being granted by the Druk Gyalpo.
3. Parliament may call for a National Referendum if, in its opinion, a Constitutional Bill, which is not granted Assent by the Druk Gyalpo is of national importance. Accordingly, sections 1, 3 and 4 of Article 34 shall apply.
4. In any instance of a difference in meaning between the Dzongkha and the English texts of this Constitution, each text shall be regarded as equally authoritative and courts shall reconcile the two texts.
____________________________________________________________
First Schedule

The National Flag and the National Emblem of Bhutan

The National Flag The upper yellow half that touches the base symbolizes the secular tradition. It personifies His Majesty the King, whose noble actions enhance the Kingdom. Hence, it symbolizes that His Majesty is the upholder of the spiritual and secular foundations of the Kingdom.
The lower orange half that extends to the top symbolizes the spiritual tradition. It also symbolizes the flourishing of the Buddhist teachings in general and that of the Kagyu and Nyingma traditions in particular.
The dragon that fully presses down the fimbriation symbolizes the name of the Kingdom, which is endowed with the spiritual and secular traditions.
The white dragon symbolizes the undefiled thoughts of the people that express their loyalty, patriotism and great sense of belonging to the Kingdom although they have different ethnic and linguistic origins. The National Emblem Within the circle of the national emblem, two crossed-vajras are placed over a lotus. They are flanked on either side by a male and female white dragon. A wish-fulfilling jewel is located above them. There are four other jewels inside the circle where the two vajras intersect. They symbolize the spiritual and secular traditions of the Kingdom based on the four spiritual undertakings of Vajrayana Buddhism. The lotus symbolizes absence of defilements, the wish-fulfilling jewel, the sovereign power of the people, and the two dragons, the name of the Kingdom.
_________________________________________________________
Second Schedule

The National Anthem of Bhutan

In the Kingdom of Bhutan adorned with cypress trees, The Protector who reigns over the realm of spiritual and secular traditions, He is the King of Bhutan, the precious sovereign.
May His being remain unchanging, and the Kingdom prosper, May the teachings of the Enlightened One flourish, May the sun of peace and happiness shine over all people.
Third Schedule Oath or Affirmation of Office
“I, ….., do solemnly swear/affirm that I shall uphold the sovereignty and integrity of Bhutan faithfully, conscientiously discharge my duties in the service of the Tsawa-sum and perform the duties of my office without fear or favour to the best of my ability, and that I shall bear true faith and allegiance to the Constitution of Bhutan.”
Fourth Schedule Oath or Affirmation of Secrecy
“I, …., do solemnly swear/affirm that I shall not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as a ….for the Royal Government of Bhutan except as may be required for the due discharge of my duties as …”

____________________________________________________________________

GLOSSARY

  1. Chhoe-sid: Religion and politics (temporal and secular).
  2. Chhoe-sid-nyi: Dual system of religion and politics (temporal and secular).
  3. Chibdrel: A ceremonial procession to receive and honour distinguished personages and personalities.
  4. Chiwog: A unit under a Gewog.
  5. Dakyen: Award of rank and responsibility.
  6. Dar: Scarf that symbolizes the conferring of rank.
  7. Drangpon: Judge or Justice of a Royal Court of Justice.
  8. Dratshang: Monastic Body.
  9. Dratshang Lhentshog: The Commission for the Monastic Affairs.
  10. Druk: Bhutan.
  11. Druk Gyalpo: The King of Bhutan.
  12. Druk-lu: The tradition of the Drukpa Kargyu, established by Zhabdrung Ngawang Namgyal.
  13. Dungkhag Court: Sub-district Court.
  14. Dzong: Fortress, which is commonly used as an administrative center and traditionally is the abode of monks.
  15. Dzongdag: District Administrator.
  16. Dzongkha: The National Language of Bhutan. Dzongkhag: District.
  17. Dzongkhag Tshogdu: District Council.
  18. Gewog: County. Gewog Tshogde: County Committee.
  19. Goendey: A monastic community. Gup: Head of a Gewog. Gyenja: Agreement. Jabmi: Legal Counsel.
  20. Je Khenpo: The Chief Abbot of the Central Monastic Body of Bhutan.
  21. Kargyu: One of the four orders of Mahayana Buddhism.
  22. Kasho: A written order.
  23. Ked-dzog: Stages of development and completion in Vajrayana practice.
  24. Kidu: Benefits granted by the King or the Government of Bhutan.
  25. Lhakhang: Temple. Lhengye: Ministerial position.
  26. Lhengye Zhungtshog: Council of Ministers or Cabinet.
  27. Lhentshog: Commission. Lopon: Teacher.
  28. Machhen: The holy relic of Zhabdrung Ngawang Namgyal, who unified Bhutan in the 17th century.
  29. Mangmi: An elected representative of the Gewog, who is also a deputy Gup. Nye: Sacred pilgrimage site.
  30. Nyi-Kyelma: Conferring a red scarf (rank and honour with the title of Dasho). Nyingma: One of the four orders of Mahayana Buddhism.
  31. Pelden Drukpa: Glorious Bhutan or an illustrious Bhutanese person.
  32. Rabdeys: Monastic bodies in dzongs other than Punakha and Thimphu.
  33. Tashi-mon-lam: Prayers for fulfillment of good wishes and aspirations.
  34. Ten-sum: Three types of sacred treasures comprising of images, scriptures and stupas.
  35. Thromde: Municipality.
  36. Thromde Tshogde: Municipal Committee.
  37. Thrompon: Municipal Administrator or Mayor.
  38. Triple Gem: Buddha, Dharma and Sangha.
  39. Tsa Thrim Chhenmo: The Supreme Constitution.
  40. Tsawa-Sum: The King, Country and People.
  41. Tshogpa: An association or committee. Yenlag
  42. Thromde: Satellite town.
  43. Zhug-drel-phunsum tshog-pai ten-drel: Traditional ceremony for the acquisition of the triple attributes of grace, glory and wealth during a formal and auspicious occasion.
  44. Zhung Dratshang: Central Monastic Body.

Vellore Citizens Welfare Forum Appellant Versus Union of India and ORS[ALL SC 1996 AUGUST]

KEYWORDS:-POLLUTION CONTROL-PIL

c

DATE:-28-08-1996

Precautionary principle and the polluter pays principle are part of the environmental law of the country.

AIR 1996 SC 2715 : (1996) 5 Suppl. SCR 241 : (1996) 5 SCC 647 : JT 1996 (7) SC 375 : (1996) 6 SCALE 194

(SUPREME COURT OF INDIA)

Vellore Citizens Welfare Forum Appellant
Versus
Union of India and OTHERS Respondent

(Before: Kuldip Singh, Faizan Uddin And K. Venkataswami, JJ.)

Writ Petn. (C) No. 914 of 1991, Decided on:28-08-1996

Constitution of India, 1950—Articles 32, 21, 47. 48A and 51A(g)—Environment Act—Sections 3, 4, 5, 7 and 8—Central Government under this Act—Section 5—Environment (protection) Rules, 1986—Rules 3(1), 3(2)and 5(1).

Counsel for the Parties:

R. Mohan, V. A. Bobde, Kapil Sibal, M. R. Sharma, V. C. Mahajan, and S. S. Ray, Sr. Advocates, K. R. R. Pillai, M. C. Mehta, Ms. Seema Midha, V. G. Pragasam, Vijay Panjwani, S. Sukumaran, Sudhir Walia, A. T. M. Sampath, M. S. Dahiya, (Sudhir Walia, Roy Abraham, Advocates, for Sm. Baby Krishna, P. Sukumar, Praveen Kumar, Romesh C. Pathak, M. A. Krishnamurthy, V. Krishnamurthy, Mrs. Anil Katiyar, Ms. Indra Sawhney, Deepak Diwan, S. M. Jadhav, A. V. Rangam, Zafarullah Khan, Shahid Rizvi, Shakil

Ahmed Syed, Jaideep Gupta and Sanjay Hedge, Advocates with them for the appearing parties.

Judgement

Kuldip Singh, J—This petition – public interest – under Art. 32 of the Constitution of India has been filed by Vellore Citizens Welfare Forum and is directed against the pollution which is being caused by enormous discharge of untreated effluent by the tanneries and other industries in the State of Tamil Nadu. It is stated that the tanneries are discharging untreated effluent into agricultural fields, road-sides, water-ways and open lands. The untreated effluent is finally discharged in river Palar which is the main source of water supply to the residents of the area. According to the petitioner the entire surface and sub-soil water of river Palar has been polluted resulting in non-availability of potable water to the residents of the area. It is stated that the tanneries in the State of Tamil Nadu have caused environmental degradation in the area. According to the preliminary survey made by the Tamil Nadu Agricultural University Research Centre Vellore nearly 35,000 hectares of agricultural land in the Tanneries Belt, has become either partially or totally unfit for cultivation. It has been further stated in the petition that the tanneries use about 170 types of chemicals in the chrome tanning processes. The said chemicals include sodium chloride, lime, sodium sulphate, chlorium sulphate, fat liquor Ammonia and sulphuric acid besides dyes which are used in large quantities. Nearly 35 litres of water is used for processing one kilogram of finished leather, resulting in dangerously enormous quantities of toxic effluents being let out in the open by the tanning industry. These effluents have spoiled the physico-chemical properties of the soil, and have contaminated ground water by percolation. According to the petitioner an independent survey conducted by Peace Members, a non-governmental organisation, covering 13 villages of Dindigal and Peddiar Chatram Anchayat Unions, reveals that 350 wells out of total of 467 used for drinking and irrigation purposes have been polluted. Women and children have to walk miles to get drinking water. Legal aid and Advice Board of Tamil Nadu requested two lawyers namely, M. R. Ramanan and P. S. Subramanium to visit the area and submit a report indicating the extent of pollution caused by the tanneries. Relevant part of the report is as under:-

“As per the Technical Report dated 28-5-1993 of the Hydrological Investigations carried out in Solur village near Ambur it was noticed that 176 chemicals including acids were contained in the Tannery effluents. If 40 litres of water with chemicals are required for one Kilo of Leather, with the production of 200 tons of Leather per day at present and likely to be increased multifold in the next four to five years with the springing up of more tanneries like mushroom in and around Ambur Town, the magnitude of the effluent water used with chemicals and acids let out daily can be shockingly imagined……. The effluents are let out from the tanneries in the nearby lands, then to Goodar and Palar rivers. The lands, the rivulet and the river receive the effluents containing toxic chemicals and acids. The sub soil water is polluted ultimately affecting not only arable lands, wells used for agriculture but also drinking water wells. The entire Ambur Town and the villages situated nearby do not have good drinking water. Some of the influential and rich people are able to get drinking water from a far off place connected by a few pipes. During rainy days and floods, the chemicals deposited into the rivers and lands spread out quickly to other lands, the effluents thus let out, affect cultivation, either crops do not come up at all or if produced the yield is reduced abnormally too low…… The Tanners have come to stay. The industry is a Foreign Exchange Earner. But one moot point is whether at the cost of the lives of lakhs of people with increasing human population the activities of the tanneries should be encouraged on monetary considerations. We find that the tanners have absolutely no regard for the healthy environment in and around their tanneries. The effluents discharged have been stored like a pond openly in the most of the places adjacent to cultivable lands with easy access for the animals and the people. The Ambur Municipality, which can exercise its powers as per the provisions of the Madras District Municipalities Act (1920) more particularly under Ss. 226 to 231, 249 to 253 and 338 to 342 seems to be a silent spectator probably it does not want to antagonise the highly influential and stupendously rich tanners. The powers given under S. 63 of the Water Prevention and Control and Pollution Act 1974 (6 of 1974) have not been exercised in the case of tanneries in Ambur and the surrounding areas.”

2. Along with the affidavit dated July 21, 1992 filed by Deputy Secretary to Government, Environment and Forests Department of Tamil Nadu, a list of villages affected by the tanneries has been attached. The list mentions 59 villages in the three Divisions of Thirupathur, Vellore and Ranipath. There is acute shortage of drinking water in these 59 villages and as such alternative arrangements were being made by the Government for the supply of drinking water.

3. In the affidavit dated January 9, 1992 filed by Member Secretary, Tamil Nadu Pollution Control Board (the Board), it has been stated as under:-

“It is submitted that there are 584 tanneries in North Arcot Ambedkar District vide annexure “A” and “D”. Out of which 443 Tanneries have applied for consent of the Board. The Government were concerned with the treatment and disposal of effluent from tanneries. The Government gave time upto 31-7-1985 to tanneries to put up Effluent Treatment Plant (E.T.P.). So far 33 tanneries in North Arcot Ambedkar District have put up effluent Treatment Plant. The Board has stipulated standards for the effluent to be disposed by the tanneries.”

4. The affidavits filed on behalf of State of Tamil Nadu and the Board clearly indicate that the tanneries and other polluting industries in the State of Tamil Nadu are being persuaded for the last about 10 years to control the pollution generated by them. They were given option either to construct common effluent treatment plants for a cluster of industries or to set up individual pollution control devices. The Central Government agreed to give substantial subsidy for the construction of common effluent treatment plants (CETPs). It is a pity that till date most of the tanneries operating in the State of Tamil Nadu have not taken any step to control the pollution caused by the discharge of effluent. This Court on May 1, 1995 passed a detailed order. In the said order this Court noticed various earlier orders passed by this Court and finally directed as under:

“Mr. R. Mohan, learned senior counsel for the Tamil Nadu Pollution Control Board has placed before us a consolidated statement dividing the 553 industries into three parts. The first part in Statement No. 1 and the second part in Statement No. 2 relate to those tanneries who have set up the Effluent Treatment Plants either individually or collectively to the satisfaction of the Tamil Nadu Pollution Control Board. According to the report placed on the record by the Board, these industries in Statements 1 and 2 have not achieved the standard or have not started functioning to the satisfaction of the Board. So far as the industries in statements 1 and 2 are concerned, we give them three months notice from today to complete the setting up of Effluent Treatment Plant (either individually or collectively) failing which they shall be liable to pollution fine on the basis of their past working and also liable to be closed. We direct the Tamil Nadu Pollution Control Board to issue individual notices to all these industries within two weeks from today. The Board is also directed to issue a general notice on three consecutive days in a local newspaper which has circulation in the District concerned.

So far as the 57 tanneries listed in Statement III (including 12 industries who have filed writ petitions, Nos. of which have been given above) are concerned, these units have not installed and commissioned the Effluent Treatment Plants despite various orders issued by this Court from time to time. Mr. R. Mohan, learned senior counsel appearing for Tamil Nadu Pollution Control Board states that the Board has issued separate notices to these units directing them to set up the Effluent Treatment Plants. Keeping in view the fact that this Court has been monitoring the matter for the last about four years and various orders have been issued by this Court from time to time, there is no justification to grant any further time to these industries. We, therefore, direct the 57 industries listed hereunder to be closed with immediate effect….. We direct the District Collector and the Senior Superintendent of Police of the District to have our orders complied with immediately. Both these Officers shall file a report in this Court within one week of the receipt of the order.

We give opportunity to these 57 industries to approach this Court as and when any steps towards the setting up of Effluent Treatment Plants and their commissioning have been taken by these industries. If any of the industries wish to be relocated to some other area, they may come out with a proposal in that respect.”

5. On July 28, 1995 this Court suspended the closure order in respect of seven industries mentioned therein for a period of eight weeks. It was further observed as under:-

“Mr. G. Ramaswamy, learned senior advocate appearing for some of the tanneries in Madras states that the setting up of the effluent treatment plants is progressing satisfactorily. According to him several lacs have already been spent and in a short time it would start operating. Mr. Mohan, learned counsel for the Tamil Nadu Pollution Control Board, states that the team of the Board will inspect the project and file a report by 3rd August, 1995”.

6. This Court on September 8, 1995 passed the following order:-

“The Tamil Nadu Pollution Control Board has filed its report. List No. I relates to about 299 industries. It is stated by Mr. G. Ramaswamy, Mr. Kapil Sibal and Mr. G. L. Sanghi, learned senior advocates appearing for these industries, that the setting up of the projects is in progress. According to the learned counsel Tamil Nadu Leather Development Corporation (TALCO) is in charge of the project. The learned counsel state that the project shall be completed in every respect within 3 months from today. The details of these industries and the projects undertaken by TALCO as per list No. 1 is as under…… We are of the view that it would be in the interest of justice to give a little more time to these industries to complete the project. Although the industries have asked time for three months, we give them time till 31st December, 1995. We make it clear that in case the projects are not completed by that time, the industries shall be liable to be closed forthwith. Apart from that, these industries shall also be liable to pollution fine for the past period during which they had been operating.

We also take this opportunity to direct TALCO to take full interest in these projects and have the projects completed within the time granted by us.

Mr. Kapil Sibal, learned counsel appearing for the tanneries, stated that council for Indian Finished Leather Manufacturers Export Association is a body which is collecting 5% on all exports. This body also helps the tanneries in various respect. We issue notice to the Association to be present in this Court and assist this Court in all the matters pertaining to the leather tanneries in Madras. Mr. Sampath takes notice.

So far as List No. II is concerned it relates to about 163 tanneries (except M/s. Vibgyor Tanners and Co., Kailasagiri Road, Mittalam-635811, Ambur (via). The Pollution Control Board has inspected all these tanneries and placed its report before us. According to the report most of these tanneries have not even started primary work at the spot. Some of them have not even located the land. The tanneries should have themselves set up the pollution control devices right at the time when they started working. They have not done so. They are not even listening to various orders passed by this Court from time to time during the last more than 2 years. It is on the record that these tanneries are polluting the area. Even the water around the area where they are operating is not worth drinking. We give no further time to these tanneries. We direct all the following tanneries which are numbering about 162 to be closed with immediate effect.

It may be mentioned that this Court suspended the closure orders in respect of various industries from timt to time to enable the said industries to install the pollution control devices.

7. This Court by the order dated October 20, 1995 directed the National Environmental Engineering Research Institute, Nagpur (NEERI) to send a team of experts to examine, in particular, the feasibility of setting up of CETPs for cluster of tanneries situated at different places in the State of Tamil Nadu where the work of setting up of the CETPs have not started and also to inspect the existing CETPs including those where construction work was in progress. NEERI submitted its first report on December 9, 1995 and the second report on February 12, 1996. This Court examined the two reports and passed the following order on April 9, 1996:-

“Pursuant to this Court’s order dated December 15, 1995, NEERI has submitted Final Examination Report dated February 12, 1996, regarding CETPs constructed/under construction by the Tanneries in various districts of the State of Tamil Nadu. A four member team constituted by the Director, NEERI inspected the CETPs from January 27 to February 12, 1996. According to the report, at present, 30 CETPs sites have been identified for tannery clusters in the five districts of Tamil Nadu viz., North Arcot Ambedkar, Erode Periyar, Dingigul Anna, Trichi and Chengai M.G.R. All the 30 CETPs were inspected by the Team. According to the report, only 7 CETPs are under operation, while 10 are under construction and 13 are proposed. The following 7 CETPs are under operation:

1. M/s. TALCO Ranipet Tannery Effluent Treatment Co. Ltd. Ranipet, Dist North Arcot Ambedkar.

2. M/s. TALCO Ambur Tannery Effluent Treatment Co. Ltd., Thuthipet Sector, Ambur Dist. North Arcot Ambedkar.

3. M/s. TALCO Vaniyambadi Tanners Enviro Control Systems Ltd., Vaniyambattu, Vaniyambadi, Dt. North Arcot.

4. M/s. Pallavaram Tanners Industrial Effluent Treatment Co., Chrompet Area, Dist. Chengai MGR.

5. M/s. Ranipet SIDCO Finished Leather Effluent Treatment Co. Pvt. Ltd., Ranipet, Dist. North Arcot Ambedkar.

6. M/s. TALCO Vaniyambadi Tanners Enviro Control Systems Ltd., Udayendiram, Vaniyambadi, Dist. North Arcot Ambedkar.

7. M/s. TALCO Pernambut Tannery Effluent Treatment Co. Ltd., Bakkalapalli, Pernambut, Dist North Arcot Ambedkar.

The CETPs mentioned at Sl. Nos. 5, 6, and 7 were commissioned in January, 1996 and were on the date of report passing through stabilisation period. The report indicates that so far as the above CETPs are concerned, although there is improvement in the

performance, they are still not operating at their optimal level and are not meeting the standards as laid down by the Ministry of Environment and Forests and the Tamil Nadu Pollution Control Board for inland surface water discharge. The NEERI has given various recommendations to be followed by the above mentioned units. We direct the units to comply with the recommendations of NEERI within two months from today. The Tamil Nadu Pollution Control Board shall monitor the directions and have the recommendations of the NEERI complied with. So far as the three units which are under stabilisation, the NEERI Team may inspect the same and place a final report before this Court within the period of two months.

Apart from the tanneries which are connected with the above mentioned 7 units, there are large number of other tanneries operating in the 5 districts mentioned above which have not set up any satisfactory pollution control devices. Mr. Mohan, learned counsel for the Tamil Nadu Pollution Control Board states that notices were issued to all those tanneries from time to time directing them to set up the necessary pollution control devices. It is mandatory for the tanneries to set up the pollution control devices. Despite notices it has not been done. This Court has been monitoring these matters for the last about 4 years. There is no awakening or realisation to control the pollution which is being generated by these tanneries.

The NEERI has indicated the physico-chemical characteristics of ground water from dug wells near tanners clusters. According to the report, water samples show that well-waters around the tanneries are unfit for drinking. The report also shows that the quality of water in Palar river down stream from the place where effluent is discharged, is highly polluted. We, therefore, direct that all the tanneries in the districts of North Arcot Ambedkar, Erode Periyar, Djindigul Anna, Trichi and Chengai M.G.R. which are not connected with the seven CETPs mentioned above, shall be closed with immediate effect. None of these tanneries shall be permitted to operate till the time the CETPs are constructed to the satisfaction of the Tamil Nadu Pollution Control Board. We direct the District Magistrate and the Superintendent of Police of the area concerned, to have all these tanneries closed with immediate effect. Mr. Mehta has placed on record the report of Tamil Nadu Pollution Control Board. In Statement I of the Index, there is a list of 30 industries which have also not been connected with any CETPs. According to the report, these industries have not, till date set up pollution control devices. We direct the closure of these industries also. List is as under…….. The Tamil Nadu Pollution Control Board has filed another report dated January 18, 1996 pertaining to 51 Tanneries. There is dispute regarding the permissible limit of the quantity of total dissolved solids (TDS). Since the NEERI team is visiting these tanneries, they may examine the TDS aspect also and advise this Court accordingly. Meanwhile, we do not propose to close any of the tannery on the ground that it is discharging more than 2001 TDS.

The report indicates that except the 17 units, all other units are non-complaint units in the sense that they are not complying with the 80D standards. Excepting these 17 industries, the remaining 34 tanneries listed hereunder are directed to be closed forthwith…… We direct the District Magistrate and the Superintendent of the Police of the area concerned to have all these industries mentioned above closed forthwith. The tanneries in the 5 districts of Tamil Nadu referred to in this order have been operating for a long time. Some of the tanneries are operating for a period of more than two decades. All this period, these tanneries have been polluting the area. Needless to say that the total environment in the area has been polluted. We issue show cause notice to these industries through their learned counsel who are present in Court, why they be not subjected to heavy pollution fine. We direct the State of Tamil Nadu through the Industry Ministry, the Tamil Nadu Pollution Control Board and all other authorities concerned and also the Government of India through the Ministry of Environment and Forests, not to permit the setting up of further tanneries in the State of Tamil Nadu.

Copy of this order be communicated to the concerned authorities within three days. To come up for further consideration after the replies to the show cause. There are large number of tanneries in the State of Tamil Nadu which have set up individual pollution control devices and which according to the Tamil Nadu Pollution Control Board, are operating satisfactorily. The fact, however, remains that all these tanneries are discharging the treated effluents within the factory precinct itself. We direct NEERI Team which is visiting this area to find out as to whether the discharge of the effluent on the land within the factory premises is permissible environmentally. M/s. Nandeem Tanning Company, Valayampet Vaniyambadi is one of such industries. Copy of the report submitted by the Tamil Nadu Pollution Control Board be forwarded to the NEERI. NEERI may inspect this industry within ten days

and file a report in this Court. Copy of this order be communicated to NEERI.

Matters regarding Distilleries in the State of Tamil Nadu.

The Tamil Nadu Pollution Control Board has placed on record the factual report regarding 6 Distilleries mentioned in page 4 of the Index of its Report dated April 5, 1996. Learned counsel for the Board states that the Board shall issue necessary notices to these industries to set up pollution control devices to the satisfaction of the Board, failing which these distilleries shall be closed. The Pollution Control Board shall place a status report before this Court.”

The NEERI submitted two further reports on May 1, 1996 and June 11, 1996 in respect of CETPs set up by various industries. The NEERI reports indicate that the Physico-chemical characteristics of ground water from dug wells in Ranipath, Thuthipath, Valayambattu, Vaniyambadi and various other places do not conform to the limits prescribed for drinking purposes.

8. This Court has been monitoring this petition for almost five years. The NEERI, Board and the Central Pollution Control Board (Central Board) have visited the tanning and other industries in the State of Tamil Nadu for several times. These expert bodies have offered all possible assistance to these industries. The NEERI reports indicate that even the seven operational CETPs are not functioning to its satisfaction. NEERI has made several recommendations to be followed by the operational CETPs. Out of the 30 CETP-sites which have been identified for tannery clusters in the five districts of North Arcot Ambedkar, Erode Periyar, Dindigul Anna, Thrichi and Chengai MGR. 7 are under operation 10 are under construction and 13 are proposed. There are large number of tanneries which are not likely to be connected with any CETP and are required to set up pollution control devices on their own. Despite repeated extensions granted by this Court during the last five years and prior to that by the Board the tanneries in the State of Tamil Nadu have miserably failed to control the pollution generated by them.

9. It is no doubt correct that the leather industry in India has become a major foreign exchange earner and at present Tamil Nadu is the leading exporter of finished leather accounting for approximately 80% of the country’s export. Though the leather industry is of vital importance to the country as it generates foreign exchange and provides employment avenues it has no right to destroy the ecology, degrade the environment and pose as a health-hazard. It cannot be permitted to expand or even to continue with the present production unless it tackles by itself the problem of pollution created by the said industry.

10. The traditional concept that development and ecology are opposed to each other, is no longer acceptable. “Sustainable Development” is the answer. In the International sphere “Sustainable Development” as a concept came to be known for the first time in the Stockholm Declaration of 1972. Thereafter, in 1987 the concept was given a definite shape by the World Commission on Environment and Development in its report called “Our Common Future”. The Commission was chaired by the then Prime Minister of Norway Ms. G. H. Brundtland and as such the report is popularly known as “Brundtland Report”. In 1991 the World Conservation Union, United Nations Environment Programme and World Wide Fund for Nature, Jointly came out with a document called “Caring for the Earth” which is a strategy for sustainable living. Finally, came the Earth Summit held in June, 1992 at Rio which saw the largest gathering of world leaders ever in the history – deliberating and chalking out a blue print for the survival of the planet. Among the tangible achievements of the Rio Conference was the signing of two conventions, one on biological diversity and another on climate change. These conventions were signed by 153 nations. The delegates also approved by consensus three non-binding documents namely, a Statement on Forestry Principles, a declaration of principles on environmental policy and development initiatives and Agenda 21, a programme of action into the next century in areas like poverty, population and pollution. During the two decades from Stockholm to Rio “Sustainable Development” has come to be accepted as a viable concept to eradicate poverty and improve the quality of human life while living within the carrying capacity of the supporting eco-systems. “Sustainable Development” as defined by the Brundtland Report means “Development that meets the needs of the present without compromising the ability of the future generations to meet their own needs”. We have no hesitation in holding that “Sustainable Development” as a balancing concept between ecology and development has been accepted as a part of the Customary International law though its salient features have yet to be finalised by the International law Jurists.

11. Some of the salient principles of “Sustainable Development”, as called-out from Brundtland Report and other international documents, are Inter Generational Equity, Use and Conservation of

Natural Resources, Environmental Protection, the Precautionary Principle, Polluter Pays Principle, obligation to assist and co-operate, Eradication of Poverty and, Financial Assistance to the developing countries. We are, however, of the view that “The Precautionary Principle” and “The Polluter Pays” principle are essential features of “Sustainable Development.” The “Precautionary Principle” in the context of the municipal law means:

(1) Environmental measures – by the State Government and the statutory authorities-must anticipate, prevent and attack the causes of environmental degradation.

(ii) Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

(iii) The “Onus of proof’ is on the actor or The developer/industrialist to show that his action is environmentally benign. “The Polluter Pays” principle has been held to be a sound principle by this Court in Indian Council for Enviro Legal Action v. Union of India, JT 1996 (2) SC 196. The Court observed, “We are of the opinion that any principle evolved in this behalf should be simple, practical and suited to the conditions obtaining in this country”. The Court ruled that “Once the activity carried on is hazardous or inherently dangerous, the person carrying on such activity is liable to make good the loss caused to any other person by his activity irrespective of the fact Whether he took reasonable care While carrying on his activity. The rule is premised upon the very nature of the activity carried on”. Consequently the polluting industries are “absolutely liable to compensate for the harm caused by them to villagers in the affected area, to the soil and to the underground water and hence, they are bound to take all necessary measures to remove sludge and other pollutants lying in the affected areas”. The “Polluter Pays” principle as interpreted by this Court means that the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. Remediation of the damaged environment is part of the process of “Sustainable Development” and as such polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology.

12. The precautionary principle and the polluter pays principle have been accepted as part of the law of the land. Article 21 of the constitution of India guarantees protection of life and personal liberty. Articles 47. 48A and 51A(g) of the Constitution are as under:

“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.

48A. Protection and improvement of environment and safeguarding of forests and wild life – The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

51A(g). To protect and improve the natural environment including forests, lakes rivers and wild life, and to have compassion for living creatures.”

Apart form the constitutional mandate to protect and improve the environment there are plenty of post independence legislations on the subject but more relevant enactments for our purpose are:The Water (Prevention and Control of pollution) Act, 1974 (the Water Act). The Air (Prevention and Control of Pollution) Act, 1981 (the Air Act) and the Environment Protection Act 1986 (the Environment Act). The Water Act provides for the constitution of the Central Pollution Control Board by the Central Government and the constitution of the State Pollution Control Boards by various State Governments in the Country. The Boards function under the control of the Governments concerned. The Water Act prohibits the use of streams and wells for disposal of polluting matters. Also provides for restrictions of outlets and discharge of effluents without obtaining consent from the Board. Prosecution and penalties have been provided which include sentence of imprisonment. The Air Act provides that the Central pollution Control board and the State Pollution Control Boards constituted under the Water Act shall also perform the powers and functions under the Air Act. The main function of the Boards, under the Air Act, is to improve the quality of the air and to prevent, control and abate air pollution in the country. We shall deal with the Environment Act in the later part of this judgment.

13. In view of the above mentioned constitutional and statutory provisions we have no hesitation in holding that the precautionary principle and the polluter pays principle are part of the environmental law of the country.

14. Even otherwise once these principles are accepted as part of the Customary International Law there would be no difficulty in accepting them as part of the domestic law. It is almost accepted proposition of law that the rule of Customary International Law which are not contrary to the municipal law shall be deemed to have been incorporated in the domestic law and shall be followed by the courts of law. To support we may refer to Justice H. R. Khans’ opinion in Addl. Distt. Magistrate Jabalpur v. Shivakant Shukla, AIR 1976 SC 1207, Joly George Varghese’s case, AIR 1980 SC 470 and Gramophone Company’ case, AIR 1984 SC 667.

15. The Constitutional and statutory provisions protect a persons right to fresh air, clean water and pollution free environment, but the source of the right is the inalienable common law right of clean environment. It would be useful to quote a paragraph from Blackstone’s commentaries on the Laws of England (Commentaries on the Laws of England of Sir William BlackStone) Vol. III. fourth edition published in 1876. Chapter XIII, “Of Nuisance” depicts the law on the subject in the following words.

“Also, if a person keeps his hogs, or other noisome animals, or allows filth to accumulate on his premises, so near the house of another, that the stench incommodes him and makes the air unwholesome, this is an injurious nuisance, as it tends to deprive him of the use and benefit of his house. A like injury is, if one’s neighbour sets up and exercises any offensive trade, as a tanner’s, a tallow-chandler’s, or the like; for though these are lawful and necessary trades, yet they should be exercised in remote places; for the rule is, sic utere “tuo, ut alienum non laedas”, this therefore is an actionable nuisance. And on a similar principle a constant ringing of bells in one’s immediate neighbourhood may be a nuisance.. With regard to other corporeal heriditaments; it is a nuisance to stop or divert water that used to run to another’s meadow or mill; to corrupt or poison a water-course, by erecting a dye house or a lime-pit, for the use of trade, in the upper part of the stream; ‘to pollute a pond, from which another is entitled to water his cattle, to obstruct a drain; or in short to do any act in common property, that in its consequences must necessarily tend to the prejudice on one’s neighbour. So closely does the law of England enforce that excellent rule of gospel-morality, of “doing to others, as we would they should do unto ourselves”.

16. Our legal system having been founded on the British Common Law the right of a person to pollution free environment is a part of the basic jurisprudence of the land.

17. The Statement of Objects and Reasons to the Environment Act, inter alia, states as under:

“The decline in environmental quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environmental accidents and threats to life support systems. The world community’s resolve to protect and enhance the environmental quality found expression in the decisions taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972. Government of India participated in the conference and strongly voiced the environmental concerns. While several measures have been taken for environmental protection both before and after the conference, the need for a general legislation further to implement the decisions of the Conference has become increasingly evidence… Existing laws generally focus on specific types of pollution or on specific categories of hazardous substances. Some Major areas of environmental hazardous are not covered. There also exist uncovered gaps in areas of major environmental hazards. There are inadequate linkages in handling matters of industrial and environmental safety. Control mechanisms to guard against slow, insidious build up of hazardous substances, especially new chemicals, in the environment are weak. Because of a multiplicity of regulatory agencies, there is need for an authority which can assume the lead role for studying, planning and implementing long-term requirements of environmental safety and to give direction to, and co-ordinate a system of speedy and adequate response to emergency situations threatening the environment…In view of what has been stated above, there is urgent need for the enactment of a general legislation on environmental protection which inter alia, should enable co-ordination of activities of the various regulatory agencies, creation of an authority or authorities with adequate powers for environmental protection, regulation of discharge of environmental pollutants and handling of hazardous substances, speedy response in the event of accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health.

Sections 3, 4, 5, 7 and 8 of the Environment Act which are relevant are as under:

“3. Power of Central Government to take measures to protect and improve environment. – (1) Subject to the provisions of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.

(2) In particular, and without prejudice to the generality of the provisions of section (1), such measures may include measures with respect to all or any of the following matters, namely:-

(i) co-ordination of actions by the State Governments, officers and other authorities –

(a) under this Act, or the rules made thereunder, or

(b) under any other law for the time being in force which is relatable to the objects of this Act;

(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;

(iii) laying down standards for the quality of environment in its various aspects;

(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever:

Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;

(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;

(vi) laying down procedures and safeguards for the prevention or accidents which may cause environmental pollution and remedial measures for such accidents;

(vii) laying down procedures and safeguards for the handling of hazardous substances;

(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;

(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;

(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution;

(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;

(xii) collection and dissemination of information in respect of matters relating to environmental pollution;

(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;

(xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.

(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under S.5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-sec. (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.

4. Appointment of officers and their powers and functions (1) Without prejudice to the provisions of sub-section (3) of S. 3, the Central Government may appoint officers with such designations as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit. (2) The officers appointed under sub-section (1) Shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under sub-section (3) of S. 3 or of any other authority or officer.”

5. Power to give directions. – Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

Explanation. – For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct –

(a) the closure, prohibition or regulation of any industry, operation or process; or

(b) stoppage or regulation of the supply of electricity or water or another service.

7. Persons carrying on industry, operation etc. not to allow emission or discharge of environmental pollutants in excess if the standards. – No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess of such standards as may be prescribed.

8. Persons handling hazardous substances to comply with procedural safeguards.- No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed”.

18. Rules 3(1), 3(2)and 5(1)of the Environment (protection) Rules, 1986 (the Rules) are as under:

“3. Standards for emission or discharge of environmental pollutants. – (1) For the purposes of protecting and improving the quality of the environmental and preventing and abating environmenetal pollutants, the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified in (Schedules 1 to IV).

3 (2) Notwithstanding anything contained in sub—Rule (1), the Central Board or a State Board may specify more stringent standards from those provided in (Schedules 1 to IV) in respect of any specific industry, operation or process depending upon the quality of the recipient system and after recording reasons, therefor, in writing.

5. Prohibition and restriction on the location of industries and the carrying on processes and operations in different areas. – (1) The Central Government may take into consideration the following factors while prohibiting or restricting the location of industries and carrying on of processes and operation in different areas:-

(i) Standards for quality of environment in its various aspects laid down for an area.

(ii) The maximum allowable limits of concentration of various environment pollutants (including noise) for an area.

(iii) The likely emission or discharge of environmental pollutants from an industry, process or operation proposed to be prohibited or restricted.

(iv) The topographic and climatic features of an area.

(v) The biological diversity of the area which, in the opinion of the Central Government, needs to be preserved.

(vi) Environmentally compatible land use.

(vii) Net adverse environmental impact likely to be caused by an industry, process or operation proposed to be prohibited or restricted.

(viii) Proximity to a protected area under the Ancient Monuments And Archaeological Sites and Remains Act, 1958 or a sanctuary, National Park, game reserve or closed area notified, as such under the Wild Life (Protection) Act, 1972, or places protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decisions made in the any international conference, association or other body.

(ix) Proximity to human settlements.

(x) Any other factors as may be considered by the Central Government to be relevant to the protection of the environment in an area.”

19. It is thus obvious that the Environment Act contains useful provisions for controlling pollution. The main purpose of the Act is to create an authority or authorities under S.3 (3) of the Act with adequate powers to control pollution and protect the environment.It is a pity that till date no authority has been constituted by the Central Government. The work which is required to be done by an authority in terms of S.3(3) read with other provisions of the Act is being done by this court and the other Courts in the country.It is high time that the Central Government realises its responsibility and statutory duty to protect the degrading environment in the country. If the conditions in the five districts of Tamil Nadu, where tanneries are operating, are permitted to continue then in the near future all rivers/canals shall be polluted, underground waters contaminated, agricultural lands turned barren and the residents of the area exposed to serious diseases. It is, therefore, necessary for this Court to direct the Central Government to take immediate action under the provisions of the Environment Act.

20. There are more than 900 tanneries operating in the five districts of Tamil Nadu. Some of them may, by now, have installed the necessary pollution control measures, they have been polluting the environments for over a decade and in some cases even for a longer period. This Court has in various orders indicated that these tanneries are liable to pay pollution fine. The polluters must compensate the affected persons and also pay the cost of restoring the damaged ecology.

21. Mr. M. C. Mehta, learned counsel for the petitioner has invited our attention to the Notification GOMs. No. 213 dated March 30, 1989 which reads as under:

“Order:-

In the Government order first read above, the Government have ordered, among other things, that no industry causing serious water pollution should be permitted within one kilometer from the embankments of rivers, streams, dams etc. and that the Tamil Nadu pollution control Board should furnish a list of such industries to all local bodies. It has been suggested that it is necessary to have a sharper definition for water sources so that ephemeral water collections like rain water ponds, drains, sewerages (bio-degradable) etc.may be excluded from the purview of the above order. The Chairman, Tamil Nadu pollution control Board has stated that the scope of the Government order may be restricted to reservoirs, rivers and public drinking water sources. He has also stated that there should be a complete ban on location of highly polluting industries within I kilometer of certain sources.

2. The Government have carefully examined the above suggestions. The Government impose a total ban on the setting up of the highly polluting industries mentioned in Annexure-I to this order within one kilometer from the embankments of the water sources mentioned in Annexure- ll to this order.

3. The Government also direct that under any circumstance if any highly polluting industry is proposed to be set up within one kilometer from the embankments of water sources other than those mentioned in Annexure-II to this order, the Tamil Nadu Pollution Control Board should examine the case and obtain the approval of the Government for it.”

Annexure- 1 to the Notification includes distilleries, tanneries, fertilizer, steel plants and foundries as the highly polluting industries. We have our doubts whether the above quoted Government order is being enforced by the Tamil Nadu Government.The order has been issued to control pollution and protect the environment. We are of the view that the order should be strictly enforced and no industry listed in Annexure-I to the order should be permitted to be set up in the prohibited area.

22. Learned counsel for the tanneries raised an objection that the standard regarding total dissolved solids (TDS) fixed by the Board was not justified. This Court by the order dated April 9, 1996 directed the NEERI to examine this aspect and give its opinion. In its report dated June 11, 1996 NEERI has justified the standards stipulated by the Board. The reasoning of the NEERI given in its report dated June 11, 1996 is as a under:

“The total dissolved solids in ambient water have physiological, industrial and economic significance. The consumer acceptance of mineralized water decreases in direct proportion to increased mineralization as indicated by Bruvold (I). High Total dissolved solids (TDS), including chlorides and sulphates, are objectionable due to possible physiological effects and mineral taste that they impart to water. High levels of total dissolved solids produce laxative/cathartic/purgative effect in consumers. The requirement of soap and other detergents in household and industry is directly related to water hardness as brought out by Debeer and Larsen (2). High concentration of mineral salts, particularly sulphates and chlorides, are also associated with costly corrosion damage in waste water treatment systems, as detailed by Patterson and Banker (3) of particular importance is the tendency of scale deposits with high TDS thereby resulting in high fuel consumption in boilers.

The Ministry of Environment and Forests (MEF) has not categorically laid down standards for inland surface water discharge for total dissolved solids (TDS), sulphates and chlorides. The decision on these standards rests with the respective State Pollution Control Boards as per the requirements based on local site conditions. The standards stipulated by the TNPCB are justified on the afore-referred con-siderations.

The prescribed standards of the TNPCB for inland surface water discharge can be met for tennery waste waters cost-effectively (sic) through proper implant control measures in tanning operation, and rationally designed and effectively operated waste-water treatment plants (ETPs and CETPs). Tables 3 and 5 depict the quality of groundwater in some areas around tanneries during peak summer period (June 3-5, 1996). Table 8 presents the data collected by TNPCB at individual ETD indicating that TDS, sulphate and chlorides concentrations are below the prescribed standards for inland surface water discharge. The quality of ambient waters needs to be maintained through the standards stipulated by TNPCB.”

23. The Board has the power under the Environment Act and the rules to lay down standards for emissions or discharge of environmental pollutants. Rule 3 (2) of the Rules even permit the Board to specify more stringent standards from those provided under the Rules. The NEERI having justified the standards stipulated by the Board, we direct that these standards are to be maintained by the tanneries and other industries in the State of Tamil Nadu.

24. Keeping in view the scenario discussed by us in this judgment, we order and direct as under:

1. The Central Government shall constitute an authority under S.3 (3) of the Environment (Protection) Act, 1986 and shall confer on the said authority all the powers necessary to deal with the situation created by the tanneries and other polluting industries in the State of Tamil Nadu. The authority shall be headed by retired judge of the High Court and it may have other members- preferably with expertise in the field of pollution control and environment protection – to be appointed by the Central Government. The Central Government shall confer on the said authority the powers to issue directions under S. 5 of the Environment Act and for taking measures with respect to the matters referred to in Cls. (v), (vi), (vii), (viii), (ix), (x) and (xii) of subsection (2) of S. 3 the Central Government shall constitute the authority before September 30, 1996.

2. The authority so constituted by the Central Government shall implement the “precautionary principle” and the “polluter pays” principle. The authority shall, with the help of expert opinion and after giving opportunity to the concerned polluters assess the loss to the ecology/environment in the affected areas and shall also identify the individuals/ families who have suffered because of the pollution and shall assess the compensation to be paid to the said individuals/families. The authority shall further determine the compensation to be recovered from the polluters as cost of reversing the damaged environment. The authority shall lay down just and fair procedure for completing the exercise.

3. The authority shall compute the compensation under two heads namely, for reversing the ecology and for payment to individuals. A statement showing the total amount to be recovered, the names of the polluters from whom the amounts is to be recovered, the amount to be recovered from each polluter, the persons to whom the compensation is to be paid and the amount payable to each of them shall be forwarded to the Collector/District Magistrates of the area concerned. The Collector/District Magistrate shall recover the amount from the polluters, if necessary, as arrears of land revenue. He shall disburse the compensation awarded by the authority to the affected persons/families.

4. The authority shall direct the closure of the industry owned/managed by a polluter in case he evades or refused to pay the compensation awarded against him. This shall be in addition to the recovery from him as arrears of land revenue.

5. An industry may have set up the necessary pollution control device at present but it shall be liable to pay for the past pollution generated by the said industry which has resulted in the environmental degradation and suffering to the residents of the area.

6. We impose pollution fine of Rupees 10,000/- each on all the tanneries in the districts of North Arcot Ambedkar, Erode Periyar, Dindigul Anna, Trichi and Chengai M. G. R. the fine shall be paid before October 31, 1996 in the office of the Collector/District Magistrate concerned. We direct the Collectors/District Magistrates of these districts to recover the fines from the tanneries. The money shall be deposited, along with the compensation amount recovered from the polluters, under a separate head called “Environment protection Fund” and shall be utilised for compensating the affected persons as identified by the authorities and also for restoring the damaged environment. The pollution fine is liable to be recovered as arrears of land revenue. The tanneries which fail to deposit the amount by October 31, 1996 shall be closed forth-with and shall also be liable under the Contempt of Courts Act.

7. The authority, in consultation with expert bodies like NEERI, Central Board, Board shall frame scheme/schemes for reversing the damage caused to the ecology and environment by pollution in the State of Tamil Nadu. The scheme/schemes so framed shall be executed by the State Government under the supervision of the Central Government. The expenditure shall be met from the “Environment Protection Fund” and from other sources provided by the State Government and the Central Government.

8. We suspend the closure orders in respect of all the tanneries in the five districts of North Arcot Ambedkar, Erode Periyar, Dindigul Anna, Trichi and Chengai M. G. R. We direct all the tanneries in the above five districts to set up CETPs or Individual Pollution Control Devices on or before November 30, 1996. Those connected with CETPs shall have to install in addition the primary devices in the tanneries. All the tanneries in the above five districts shall obtain the consent of the Board to function and operate with effect from December 15, 1996. The tanneries who are refused consent or who fail to obtain the consent of the Board by December 15, 1996 shall be closed forthwith.

9. We direct the Superintendent of Police and the Collector/District Magistrate/Deputy Commissioner of the district concerned to close all those tanneries with immediate effect who fail to obtain the consent from the Board by the said date. Such tanneries shall not be reopened unless the authority permits them to do so. It would be open to the authority to close such tanneries permanently or to direct their relocation.

10. The Government order No. 213 dated March 30, 1989 shall be enforced forthwith. No new industry listed in Annexure-I to the Notification shall be permitted to be set up within the prohibited area. The authority shall review the cases of all the industries which are already operating in the prohibited area and it would be open to authority to direct the relocation of any of such industries.

11. The standards stipulated by the Board regarding total dissolved solids (TDS) and approved by the NEERI shall be operative. All the tanneries and other industries in the State of Timil Nadu shall comply with the said standards. The quality of ambient waters has to be maintained through the standards stipulated by the Board.

25. We have issued comprehensive directions for achieving the end result in this case. It is not necessary for this Court to monitor these matters any further. We are of the view that the Madras High Court would be in a better position to monitor these matters hereinafter. We, therefore, request the Chief Justice of the Madras High Court to constitute a Special Bench “Green Bench” to deal with this case and other environmental matters. We make it clear that it would be open to the Bench to pass any appropriate order/orders keeping in view the directions issued by us. We may mention that “Green Benches” are already functioning in Calcutta, Madhya Pradesh and some other High Courts. We direct the Registry of this Court to sent the records to the registry of the Madras High Court within one week. The High Court shall treat this matter as a petition under Art. 226 of the Constitution of India and deal with it in accordance with law and also in terms of the directions issued by us. We give liberty to the parties to approach the High Court as and when necessary.

26. Mr. M. C. Mehta has been assisting this Court to our utmost satisfacton. We place on record our appreciation for Mr. Mehta. We direct the State of Tamil Nadu to pay ` 50,000/- towards legal fees and other out of pocket expenses incurred by Mr. Mehta.

Freedom of conscience and free profession, practice and propagation of religion under Indian Constitution

KEYWORDS:- CONSTITUTION- RELIGIOUS RIGHTS-

INDIAN CONSTITUTION

25. Freedom of conscience and free profession, practice and propagation of religion.

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—
(a)regulating or restricting any economic, financial, political or other secular activity which maybe associated with religious practice;
(b)providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

Devider

COMMENT

Article 25 secures to every person, subject of course to public order, health and morality and other provisions of Part-III, including Article 17 freedom to entertain and exhibit by outward acts as well as propagate and disseminate such religious belief according to his judgment and conscience for the edification of others. The right of the State to impose such restrictions as are desired or found necessary on grounds of public order, health and morality is inbuilt in Articles 25 and 26 itself. Article 25(2) (b) ensures the right of the State to make a law providing for social welfare and reform besides throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus and any such rights of the State or of the communities or classes of society were also considered to need due regulation in the process of harmonizing the various rights. The vision of the founding fathers of constitution to liberate the society from blind and ritualistic adherence to mere traditional superstitious beliefs sans reason or rational basis has found expression in the form of Article 17. The legal position that the protection under Articles 25 and 26 extend a guarantee for rituals and observances, ceremonies and modes of worship which are integral parts of religion and as to what really constitutes and essential part of religion or religious practice has to be decided by the Courts with reference to the doctrine of a particular religion or practices regarded as parts of religion, came to be equally firmly laid down.[N. Adithayan Versus The Travancore Devaswom Board and others AIR 2002 SC 3538]

Religious freedom under the Indian Constitution

KEYWORDS:- RELIGION – FREEDOM- CONSTITUTION

INDIAN CONSTITUTION

ARTICLE 26. Freedom to manage religious affairs

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—
(a)to establish and maintain institutions for religious and charitable purposes;
(b)to manage its own affairs in matters of religion;
(c)to own and acquire movable and immovable property; and
(d)to administer such property in accordance with law.


The Concept

Provisions make it clear that the rights of the ‘denominational religious institutions’ are to be preserved and protected from any invasion by the State as guaranteed under Article 26 of the Constitution-Undoubtedly, the object and purpose of enacting Article 26 of the Constitution is to protect the rights conferred therein on a `religious denomination` or a section thereof. However, the rights conferred under Article 26 are subject to public order, morality and health and not subject to any other provision of Part III of the Constitution as the limitation has been prescribed by the law makers by virtue of Article 25 of the Constitution. The term ‘religious denomination’ means collection of individuals having a system of belief, a common organisation; and designation of a distinct name. The right to administration of property by a ‘religious denomination’ would stand on a different footing altogether from the right to maintain its own affairs in matters of religion. (Vide: Acharya Maharajshri Narendra Prasadji Anandprasadji Maharaj etc.etc. v. The State of Gujarat & Ors., AIR 1974 SC 2098; T.M.A. Pai Foundation & Ors. v. State of Karnataka & Ors., AIR 2003 SC 355; and Nallor Marthandam Vellalar & Ors. v. Commissioner, Hindu Religious and Charitable Endowments & Ors., AIR 2003 SC 4225).The Constitution Bench of this Court in S. Azeez Basha & Anr. v. Union of India, AIR 1968 SC 662, while dealing with the rights of minority to establish educational institutions, also dealt with the provisions of Article 26 of the Constitution and observed that the words “establish and maintain” contained in Article 26 (a) must be read conjunctively. A ‘religious denomination’ can only claim to maintain that institution which has been established by it. The right to maintain institutions would necessarily include the right to administer them. The right under Article 26(a) of the Constitution will only arise where the institution is established by a ‘religious denomination’ and only in that event, it can claim to maintain it. While dealing with the issue of Aligarh Muslim University, this Court rejected the claim of Muslim community of the right to administer on the ground that it had not been established by the Muslim community and, therefore, they did not have a right to maintain the university within the meaning of Article 26(a) of the Constitution . In Khajamian Wakf Estates etc. v. State of Madras etc., AIR 1971 SC 161, the Constitution Bench of this Court held that the religious denomination can own, acquire properties and administer them in accordance with law. In case they lose the property or alienate the same, the right to administer automatically lapses for the reason that property ceases to be their property. Article 26(d) of the Constitution protects the rights of ‘religious denomination’ to establish and administer the properties as clauses (c) and (d) guarantee a fundamental right to any religious denomination to own, acquire, establish and maintain such properties.The Constitution Bench of this Court in Shirur Mutt (Supra) categorically held that a law which takes away the right to administer the religious denomination altogether and vests it in any other authority would amount to a violation of right guaranteed in clause (d) of Article 26 of the Constitution. Therefore, the law could not divest the administration of religious institution or endowment. However, the State may have a general right to regulate the right of administration of a religious or charitable institution or endowment and by such a law, State may also choose to impose such restrictions whereof as are felt most acute and provide a remedy therefore. (See also: Ratilal Panachand Gandhi & Ors. v. State of Bombay & Ors., AIR 1954 SC 388; and Pannalal Bansilal Pitti & Ors. v. State of A.P. & Anr., AIR 1996 SC 1023) Dr. Subramanian Swamy Versus State of Tamil Nadu & Ors.

Supreme Court in Sri Adi Visheshwara of Kashi Vishwanath Temple, Varanasi and Others vs. State of U.P. and others (1997) 4 SCC 606. While taking note of the aim of the constitution to establish an egalitarian social order prescribing any discrimination on grounds of religion, race, caste, sect or sex alone by Articles 15 to 17 in particular, it was once again reiterated as hereunder :

“28. The religious freedom guaranteed by Articles 25 and 26, therefore, is intended to be a guide to a community life and ordain every religion to act according to its cultural and social demands to establish an egalitarian social order. Articles 25 and 26, therefore, strike a balance between the rigidity of right to religious belief and faith and their intrinsic restrictions in matters of religion, religious beliefs and religious practices and guaranteed freedom of conscience to commune with his Cosmos/Creator and realize his spiritual self. Sometimes, practices religious or secular are inextricably mixed up. This is more particularly so in regard to Hindu religion because under the provisions of the ancient Smriti human actions from birth to death and most of the individual actions from day-to-day are regarded as religious in character in one facet or the other. They sometimes claim the religious system or sanctuary and seek the cloak of constitutional protection guaranteed by Articles 25 and 26. One hinges upon constitutional religious model and another diametrically more on traditional point of view. The legitimacy of the true categories is required to be adjudged strictly within the parameters of the right of the individual and the legitimacy of the State for social progress, well-being and reforms, social intensification and national unity. Law is a tool of social engineering and an instrument of social change evolved by a gradual and continuous process. As Benjamin Cardozo has put it in his Judicial Process, life is not logic but experience. History and customs, utility and the accepted standards of right conduct are the forms which singly or in combination all be the progress of law. Which of these forces shall dominate in any case depends largely upon the comparative importance or value of the social interest that will be, thereby, impaired. There shall be symmetrical development with history or custom when history or custom has been the motive force or the chief one in giving shape to the existing rules and with logic or PHILOSOPHY when the motive power has been theirs. One must get the knowledge just as the legislature gets it from experience and study and reflection in proof from life itself. All secular activities which may be associated with religion but which do not relate or constitute an essential part of it may be amenable to State regulations but what constitutes the essential part of religion may be ascertained primarily from the doctrines of that religion itself according to its tenets, historical background and change in evolved process etc. The concept of essentiality is not itself a determinative factor. It is one of the circumstances to be considered in adjudging whether the particular matters of religion or religious practices or belief are an integral part of the religion. It must be decided whether the practices of matters are considered integral by the community itself. Though not conclusive, this is also one of the facets to be noticed. The practice in question is religious in character and whether it could be regarded as an integral and essential part of the religion and if the court finds upon evidence adduced before it that it is an integral or essential part of the religion, Article 25 accords protection to it. Though the performance of certain duties is part of religion and the person performing the duties is also part of the religion or religious faith or matters of religion, it is required to be carefully examined and considered to decide whether it is a matter of religion or a secular management by the State. Whether the traditional practices are matters of religion or integral and essential part of the religion and religious practice protected by Articles 25 and 26 is the question. And whether hereditary archaka is an essential and integral part of the Hindu religion is the crucial question.

 

CONSTITUTION OF IRELAND

KEYWORDS: Constitution

Ireland Advocatetanmoy

CONTENTS

  • PREAMBLE
  • THE NATION
  • THE STATE
  • THE PRESIDENT
  • THE NATIONAL PARLIAMENT

CONSTITUTION AND POWERS

DÁIL ÉIREANN

SEANAD ÉIREANN

LEGISLATION

  • THE GOVERNMENT
  • LOCAL GOVERNMENT
  • INTERNATIONAL RELATIONS
  • THE ATTORNEY GENERAL
  • THE COUNCIL OF STATE
  • THE COMPTROLLER AND AUDITOR GENERAL
  • THE COURTS
  • TRIAL OF OFFENCES
  • FUNDAMENTAL RIGHTS

PERSONAL RIGHTS

THE FAMILY

EDUCATION

CHILDREN

PRIVATE PROPERTY

RELIGION

  • DIRECTIVE PRINCIPLES OF SOCIAL POLICY
  • AMENDMENT OF THE CONSTITUTION
  • THE REFERENDUM
  • REPEAL OF CONSTITUTION OF SAORSTÁT ÉIREANN AND CONTINUANCE OF LAWS

All amendments incorporated [34th amendment 29 August, 2015]

Edition: -2018 January

 

Enacted by the People 1st July, 1937

In operation as from 29th December, 1937

Date of Signature -2 September, 1939

CONSTITUTION OF IRELAND
PREAMBLE

In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred,

We, the people of Éire,

Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial,

Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,

And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,

Do hereby adopt, enact, and give to ourselves this Constitution.

THE NATION

ARTICLE 1

The Irish nation hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of Government, to determine its relations with other nations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions.

ARTICLE 2

It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish Nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.

ARTICLE 3

1 It is the firm will of the Irish Nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland, in all the diversity of their identities and traditions, recognising that a united Ireland shall be brought about only by peaceful means with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island. Until then, the laws enacted by the Parliament established by this Constitution shall have the like area and extent of application as the laws enacted by the Parliament that existed immediately before the coming into operation of this Constitution.

2 Institutions with executive powers and functions that are shared between those jurisdictions may be established by their respective responsible authorities for stated purposes and may exercise powers and functions in respect of all or any part of the island.

THE STATE

ARTICLE 4

The name of the State is Éire, or, in the English language, Ireland.

ARTICLE 5

Ireland is a sovereign, independent, democratic state.

ARTICLE 6

1 All powers of government, legislative, executive and judicial, derive, under God, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.

2 These powers of government are exercisable only by or on the authority of the organs of State established by this Constitution.

ARTICLE 7

The national flag is the tricolour of green, white and orange.

ARTICLE 8

1 The Irish language as the national language is the first official language.

2 The English language is recognised as a second official language.

3 Provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part thereof.

ARTICLE 9

1 1° On the coming into operation of this Constitution any person who was a citizen of Saorstát Éireann immediately before the coming into operation of this Constitution shall become and be a citizen of Ireland.

2° The future acquisition and loss of Irish nationality and citizenship shall be determined in accordance with law.

3° No person may be excluded from Irish nationality and citizenship by reason of the sex of such person.

2 1° Notwithstanding any other provision of this Constitution, a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law.

2° This section shall not apply to persons born before the date of the enactment of this section,

3 Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens.

ARTICLE 10

1 All natural resources, including the air and all forms of potential energy, within the jurisdiction of the Parliament and Government established by this Constitution and all royalties and franchises within that jurisdiction belong to the State subject to all estates and interests therein for the time being lawfully vested in any person or body.

2 All land and all mines, minerals and waters which belonged to Saorstát Éireann immediately before the coming into operation of this Constitution belong to the State to the same extent as they then belonged to Saorstát Éireann.

3 Provision may be made by law for the management of the property which belongs to the State by virtue of this Article and for the control of the alienation, whether temporary or permanent, of that property.

4 Provision may also be made by law for the management of land, mines, minerals and waters acquired by the State after the coming into operation of this Constitution and for the control of the alienation, whether temporary or permanent, of the land, mines, minerals and waters so acquired.

ARTICLE 11

All revenues of the State from whatever source arising shall, subject to such exception as may be provided by law, form one fund, and shall be appropriated for the purposes and in the manner and subject to the charges and liabilities determined and imposed by law.

THE PRESIDENT

ARTICLE 12

1 There shall be a President of Ireland (Uachtarán na hÉireann), hereinafter called the President, who shall take precedence over all other persons in the State and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law.

2 1° The President shall be elected by direct vote of the people.

2° Every citizen who has the right to vote at an election for members of Dáil Éireann shall have the right to vote at an election for President.

3° The voting shall be by secret ballot and on the system of proportional representation by means of the single transferable vote.

3 1° The President shall hold office for seven years from the date upon which he enters upon his office, unless before the expiration of that period he dies, or resigns, or is removed from office, or becomes permanently incapacitated, such incapacity being established to the satisfaction of the Supreme Court consisting of not less than five judges.

2° A person who holds, or who has held, office as President, shall be eligible for re-election to that office once, but only once.

3° An election for the office of President shall be held not later than, and not earlier than the sixtieth day before, the date of the expiration of the term of office of every President, but in the event of the removal from office of the President or of his death, resignation, or permanent incapacity established as aforesaid (whether occurring before or after he enters upon his office), an election for the office of President shall be held within sixty days after such event.

4 1° Every citizen who has reached his thirty-fifth year of age is eligible for election to the office of President.

2° Every candidate for election, not a former or retiring President, must be nominated either by:

i not less than twenty persons, each of whom is at the time a member of one of the Houses of the Oireachtas, or

ii by the Councils of not less than four administrative Counties (including County Boroughs) as defined by law.

3° No person and no such Council shall be entitled to subscribe to the nomination of more than one candidate in respect of the same election.

4° Former or retiring Presidents may become candidates on their own nomination.

5° Where only one candidate is nominated for the office of President it shall not be necessary to proceed to a ballot for his election.

5 Subject to the provisions of this Article, elections for the office of President shall be regulated by law.

6 1° The President shall not be a member of either House of the Oireachtas.

2° If a member of either House of the Oireachtas be elected President, he shall be deemed to have vacated his seat in that House.

3° The President shall not hold any other office or position of emolument.

7 The first President shall enter upon his office as soon as may be after his election, and every subsequent President shall enter upon his office on the day following the expiration of the term of office of his predecessor or as soon as may be thereafter or, in the event of his predecessor’s removal from office, death, resignation, or permanent incapacity established as provided by section 3 hereof, as soon as may be after the election.

8 The President shall enter upon his office by taking and subscribing publicly, in the presence of members of both Houses of the Oireachtas, of Judges of the Supreme Court, of the Court of Appeal and of the High Court, and other public personages, the following declaration:

“In the presence of Almighty God I do solemnly and sincerely promise and declare that I will maintain the Constitution of Ireland and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of Ireland. May God direct and sustain me.”

9 The President shall not leave the State during his term of office save with the consent of the Government.

10 1° The President may be impeached for stated misbehaviour.

2° The charge shall be preferred by either of the Houses of the Oireachtas, subject to and in accordance with the provisions of this section.

3° A proposal to either House of the Oireachtas to prefer a charge against the President under this section shall not be entertained unless upon a notice of motion in writing signed by not less than thirty members of that House.

4° No such proposal shall be adopted by either of the Houses of the Oireachtas save upon a resolution of that House supported by not less than two-thirds of the total membership thereof.

5° When a charge has been preferred by either House of the Oireachtas, the other House shall investigate the charge, or cause the charge to be investigated.

6° The President shall have the right to appear and to be represented at the investigation of the charge.

7° If, as a result of the investigation, a resolution be passed supported by not less than two-thirds of the total membership of the House of the Oireachtas by which the charge was investigated, or caused to be investigated, declaring that the charge preferred against the President has been sustained and that the misbehaviour, the subject of the charge, was such as to render him unfit to continue in office, such resolution shall operate to remove the President from his office.

11 1° The President shall have an official residence in or near the City of Dublin.

2° The President shall receive such emoluments and allowances as may be determined by law.

3° The emoluments and allowances of the President shall not be diminished during his term of office.

ARTICLE 13

1 1° The President shall, on the nomination of Dáil Éireann, appoint the Taoiseach, that is, the head of the Government or Prime Minister.

2° The President shall, on the nomination of the Taoiseach with the previous approval of Dáil Éireann, appoint the other members of the Government.

3° The President shall, on the advice of the Taoiseach, accept the resignation or terminate the appointment of any member of the Government.

2 1° Dáil Éireann shall be summoned and dissolved by the President on the advice of the Taoiseach.

2° The President may in his absolute discretion refuse to dissolve Dáil Éireann on the advice of a Taoiseach who has ceased to retain the support of a majority in Dáil Éireann.

3° The President may at any time, after consultation with the Council of State, convene a meeting of either or both of the Houses of the Oireachtas.

3 1° Every Bill passed or deemed to have been passed by both Houses of the Oireachtas shall require the signature of the President for its enactment into law.

2° The President shall promulgate every law made by the Oireachtas.

4 The supreme command of the Defence Forces is hereby vested in the President.

5 1° The exercise of the supreme command of the Defence Forces shall be regulated by law.

2° All commissioned officers of the Defence Forces shall hold their commissions from the President.

6 The right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are hereby vested in the President, but such power of commutation or remission may also be conferred by law on other authorities.

7 1° The President may, after consultation with the Council of State, communicate with the Houses of the Oireachtas by message or address on any matter of national or public importance.

2° The President may, after consultation with the Council of State, address a message to the Nation at any time on any such matter.

3° Every such message or address must, however, have received the approval of the Government.

8 1° The President shall not be answerable to either House of the Oireachtas or to any court for the exercise and performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.

2° The behaviour of the President may, however, be brought under review in either of the Houses of the Oireachtas for the purposes of section 10 of Article 12 of this Constitution, or by any court, tribunal or body appointed or designated by either of the Houses of the Oireachtas for the investigation of a charge under section 10 of the said Article.

9 The powers and functions conferred on the President by this Constitution shall be exercisable and performable by him only on the advice of the Government, save where it is provided by this Constitution that he shall act in his absolute discretion or after consultation with or in relation to the Council of State, or on the advice or nomination of, or on receipt of any other communication from, any other person or body.

10 Subject to this Constitution, additional powers and functions may be conferred on the President by law.

11 No power or function conferred on the President by law shall be exercisable or performable by him save only on the advice of the Government.

ARTICLE 14

1 In the event of the absence of the President, or his temporary incapacity, or his permanent incapacity established as provided by section 3 of Article 12 hereof, or in the event of his death, resignation, removal from office, or failure to exercise and perform the powers and functions of his office or any of them, or at any time at which the office of President may be vacant, the powers and functions conferred on the President by or under this Constitution shall be exercised and performed by a Commission constituted as provided in section 2 of this Article.

2 1° The Commission shall consist of the following persons, namely, the Chief Justice, the Chairman of Dáil Éireann (An Ceann Comhairle), and the Chairman of Seanad Éireann.

2° The President of the Court of Appeal shall act as a member of the Commission in the place of the Chief Justice on any occasion on which the office of Chief Justice is vacant or on which the Chief Justice is unable to act.

3° The Deputy Chairman of Dáil Éireann shall act as a member of the Commission in the place of the Chairman of Dáil Éireann on any occasion on which the office of Chairman of Dáil Éireann is vacant or on which the said Chairman is unable to act.

4° The Deputy Chairman of Seanad Éireann shall act as a member of the Commission in the place of the Chairman of Seanad Éireann on any occasion on which the office of Chairman of Seanad Éireann is vacant or on which the said Chairman is unable to act.

3 The Commission may act by any two of their number and may act notwithstanding a vacancy in their membership.

4 The Council of State may by a majority of its members make such provision as to them may seem meet for the exercise and performance of the powers and functions conferred on the President by or under this Constitution in any contingency which is not provided for by the foregoing provisions of this Article.

5 1° The provisions of this Constitution which relate to the exercise and performance by the President of the powers and functions conferred on him by or under this Constitution shall subject to the subsequent provisions of this section apply to the exercise and performance of the said powers and functions under this Article.

2° In the event of the failure of the President to exercise or perform any power or function which the President is by or under this Constitution required to exercise or perform within a specified time, the said power or function shall be exercised or performed under this Article, as soon as may be after the expiration of the time so specified.

THE NATIONAL PARLIAMENT

CONSTITUTION AND POWERS

ARTICLE 15

1 1° The National Parliament shall be called and known, and is in this Constitution generally referred to, as the Oireachtas.

2° The Oireachtas shall consist of the President and two Houses, viz.: a House of Representatives to be called Dáil Éireann and a Senate to be called Seanad Éireann.

3° The Houses of the Oireachtas shall sit in or near the City of Dublin or in such other place as they may from time to time determine.

2 1° The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State.

2° Provision may however be made by law for the creation or recognition of subordinate legislatures and for the powers and functions of these legislatures.

3 1° The Oireachtas may provide for the establishment or recognition of functional or vocational councils representing branches of the social and economic life of the people.

2° A law establishing or recognising any such council shall determine its rights, powers and duties, and its relation to the Oireachtas and to the Government.

4 1° The Oireachtas shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof.

2° Every law enacted by the Oireachtas which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.

5 1° The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission.

2° The Oireachtas shall not enact any law providing for the imposition of the death penalty.

6 1° The right to raise and maintain military or armed forces is vested exclusively in the Oireachtas.

2° No military or armed force, other than a military or armed force raised and maintained by the Oireachtas, shall be raised or maintained for any purpose whatsoever.

7 The Oireachtas shall hold at least one session every year.

8 1° Sittings of each House of the Oireachtas shall be public.

2° In cases of special emergency, however, either House may hold a private sitting with the assent of two-thirds of the members present.

9 1° Each House of the Oireachtas shall elect from its members its own Chairman and Deputy Chairman, and shall prescribe their powers and duties.

2° The remuneration of the Chairman and Deputy Chairman of each House shall be determined by law.

10 Each House shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.

11 1° All questions in each House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Chairman or presiding member.

2° The Chairman or presiding member shall have and exercise a casting vote in the case of an equality of votes.

3° The number of members necessary to constitute a meeting of either House for the exercise of its powers shall be determined by its standing orders.

12 All official reports and publications of the Oireachtas or of either House thereof and utterances made in either House wherever published shall be privileged.

13 The members of each House of the Oireachtas shall, except in case of treason as defined in this Constitution, felony or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of, either House, and shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself.

14 No person may be at the same time a member of both Houses of the Oireachtas, and, if any person who is already a member of either House becomes a member of the other House, he shall forthwith be deemed to have vacated his first seat.

15 The Oireachtas may make provision by law for the payment of allowances to the members of each House thereof in respect of their duties as public representatives and for the grant to them of free travelling and such other facilities (if any) in connection with those duties as the Oireachtas may determine.

DÁIL ÉIREANN

ARTICLE 16

1 1° Every citizen without distinction of sex who has reached the age of twenty-one years, and who is not placed under disability or incapacity by this Constitution or by law, shall be eligible for membership of Dáil Éireann.

2° i All citizens, and

ii such other persons in the State as may be determined by law,

without distinction of sex who have reached the age of eighteen years who are not disqualified by law and comply with the provisions of the law relating to the election of members of Dáil Éireann, shall have the right to vote at an election for members of Dáil Éireann.

3° No law shall be enacted placing any citizen under disability or incapacity for membership of Dáil Éireann on the ground of sex or disqualifying any citizen or other person from voting at an election for members of Dáil Éireann on that ground.

4° No voter may exercise more than one vote at an election for Dáil Éireann, and the voting shall be by secret ballot.

2 1° Dáil Éireann shall be composed of members who represent constituencies determined by law.

2° The number of members shall from time to time be fixed by law, but the total number of members of Dáil Éireann shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.

3° The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.

4° The Oireachtas shall revise the constituencies at least once in every twelve years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of Dáil Éireann sitting when such revision is made.

5° The members shall be elected on the system of proportional representation by means of the single transferable vote.

6° No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.

3 1° Dáil Éireann shall be summoned and dissolved as provided by section 2 of Article 13 of this Constitution.

2° A general election for members of Dáil Éireann shall take place not later than thirty days after a dissolution of Dáil Éireann.

4 1° Polling at every general election for Dáil Éireann shall as far as practicable take place on the same day throughout the country.

2° Dáil Éireann shall meet within thirty days from that polling day.

5 The same Dáil Éireann shall not continue for a longer period than seven years from the date of its first meeting: a shorter period may be fixed by law.

6 Provision shall be made by law to enable the member of Dáil Éireann who is the Chairman immediately before a dissolution of Dáil Éireann to be deemed without any actual election to be elected a member of Dáil Éireann at the ensuing general election.

7 Subject to the foregoing provisions of this Article, elections for membership of Dáil Éireann, including the filling of casual vacancies, shall be regulated in accordance with law.

ARTICLE 17

1 1° As soon as possible after the presentation to Dáil Éireann under Article 28 of this Constitution of the Estimates of receipts and the Estimates of expenditure of the State for any financial year, Dáil Éireann shall consider such Estimates.

2° Save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Financial Resolutions of each year shall be enacted within that year.

2 Dáil Éireann shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys unless the purpose of the appropriation shall have been recommended to Dáil Éireann by a message from the Government signed by the Taoiseach.

SEANAD ÉIREANN

ARTICLE 18

1 Seanad Éireann shall be composed of sixty members, of whom eleven shall be nominated members and forty-nine shall be elected members.

2 A person to be eligible for membership of Seanad Éireann must be eligible to become a member of Dáil Éireann.

3 The nominated members of Seanad Éireann shall be nominated, with their prior consent, by the Taoiseach who is appointed next after the reassembly of Dáil Éireann following the dissolution thereof which occasions the nomination of the said members.

4 1° The elected members of Seanad Éireann shall be elected as follows:—

i Three shall be elected by the National University of Ireland.

ii Three shall be elected by the University of Dublin.

iii Forty-three shall be elected from panels of candidates constituted as hereinafter provided.

2° Provision may be made by law for the election, on a franchise and in the manner to be provided by law, by one or more of the following institutions, namely:

i the universities mentioned in subsection 1° of this section,

ii any other institutions of higher education in the State,

of so many members of Seanad Éireann as may be fixed by law in substitution for an equal number of the members to be elected pursuant to paragraphs i and ii of the said subsection 1°.

A member or members of Seanad Éireann may be elected under this subsection by institutions grouped together or by a single institution.

3° Nothing in this Article shall be invoked to prohibit the dissolution by law of a university mentioned in subsection 1° of this section.

5 Every election of the elected members of Seanad Éireann shall be held on the system of proportional representation by means of the single transferable vote, and by secret postal ballot.

6 The members of Seanad Éireann to be elected by the Universities shall be elected on a franchise and in the manner to be provided by law.

7 1° Before each general election of the members of Seanad Éireann to be elected from panels of candidates, five panels of candidates shall be formed in the manner provided by law containing respectively the names of persons having knowledge and practical experience of the following interests and services, namely:–

i National Language and Culture, Literature, Art, Education and such professional interests as may be defined by law for the purpose of this panel;

ii Agriculture and allied interests, and Fisheries;

iii Labour, whether organised or unorganised;

iv Industry and Commerce, including banking, finance, accountancy, engineering and architecture;

v Public Administration and social services, including voluntary social activities.

2° Not more than eleven and, subject to the provisions of Article 19 hereof, not less than five members of Seanad Éireann shall be elected from any one panel.

8 A general election for Seanad Éireann shall take place not later than ninety days after a dissolution of Dáil Éireann, and the first meeting of Seanad Éireann after the general election shall take place on a day to be fixed by the President on the advice of the Taoiseach.

9 Every member of Seanad Éireann shall, unless he previously dies, resigns, or becomes disqualified, continue to hold office until the day before the polling day of the general election for Seanad Éireann next held after his election or nomination.

10 1° Subject to the foregoing provisions of this Article elections of the elected members of Seanad Éireann shall be regulated by law.

2° Casual vacancies in the number of the nominated members of Seanad Éireann shall be filled by nomination by the Taoiseach with the prior consent of persons so nominated.

3° Casual vacancies in the number of the elected members of Seanad Éireann shall be filled in the manner provided by law.

ARTICLE 19

Provision may be made by law for the direct election by any functional or vocational group or association or council of so many members of Seanad Éireann as may be fixed by such law in substitution for an equal number of the members to be elected from the corresponding panels of candidates constituted under Article 18 of this Constitution.

LEGISLATION

ARTICLE 20

1 Every Bill initiated in and passed by Dáil Éireann shall be sent to Seanad Éireann and may, unless it be a Money Bill, be amended in Seanad Éireann and Dáil Éireann shall consider any such amendment.

2 1° A Bill other than a Money Bill may be initiated in Seanad Éireann, and if passed by Seanad Éireann, shall be introduced in Dáil Éireann.

2° A Bill initiated in Seanad Éireann if amended in Dáil Éireann shall be considered as a Bill initiated in Dáil Éireann.

3 A Bill passed by either House and accepted by the other House shall be deemed to have been passed by both Houses.

Money Bills

ARTICLE 21

1 1° Money Bills shall be initiated in Dáil Éireann only.

2° Every Money Bill passed by Dáil Éireann shall be sent to Seanad Éireann for its recommendations.

2 1° Every Money Bill sent to Seanad Éireann for its recommendations shall, at the expiration of a period not longer than twenty-one days after it shall have been sent to Seanad Éireann, be returned to Dáil Éireann, which may accept or reject all or any of the recommendations of Seanad Éireann.

2° If such Money Bill is not returned by Seanad Éireann to Dáil Éireann within such twenty-one days or is returned within such twenty-one days with recommendations which Dáil Éireann does not accept, it shall be deemed to have been passed by both Houses at the expiration of the said twenty-one days.

ARTICLE 22

1 1° A Money Bill means a Bill which contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on public moneys or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; matters subordinate and incidental to these matters or any of them.

2° In this definition the expressions “taxation”, “public money” and “loan” respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes.

2 1° The Chairman of Dáil Éireann shall certify any Bill which, in his opinion, is a Money Bill to be a Money Bill, and his certificate shall, subject to the subsequent provisions of this section, be final and conclusive.

2° Seanad Éireann, by a resolution, passed at a sitting at which not less than thirty members are present, may request the President to refer the question whether the Bill is or is not a Money Bill to a Committee of Privileges.

3° If the President after consultation with the Council of State decides to accede to the request he shall appoint a Committee of Privileges consisting of an equal number of members of Dáil Éireann and of Seanad Éireann and a Chairman who shall be a Judge of the Supreme Court: these appointments shall be made after consultation with the Council of State. In the case of an equality of votes but not otherwise the Chairman shall be entitled to vote.

4° The President shall refer the question to the Committee of Privileges so appointed and the Committee shall report its decision thereon to the President within twenty-one days after the day on which the Bill was sent to Seanad Éireann.

5° The decision of the Committee shall be final and conclusive.

6° If the President after consultation with the Council of State decides not to accede to the request of Seanad Éireann, or if the Committee of Privileges fails to report within the time hereinbefore specified the certificate of the Chairman of Dáil Éireann shall stand confirmed.

Time for Consideration of Bills

ARTICLE 23

1 This Article applies to every Bill passed by Dáil Éireann and sent to Seanad Éireann other than a Money Bill or a Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution.

1° Whenever a Bill to which this Article applies is within the stated period defined in the next following sub-section either rejected by Seanad Éireann or passed by Seanad Éireann with amendments to which Dáil Éireann does not agree or is neither passed (with or without amendment) nor rejected by Seanad Éireann within the stated period, the Bill shall, if Dáil Éireann so resolves within one hundred and eighty days after the expiration of the stated period be deemed to have been passed by both Houses of the Oireachtas on the day on which the resolution is passed.

2° The stated period is the period of ninety days commencing on the day on which the Bill is first sent by Dáil Éireann to Seanad Éireann or any longer period agreed upon in respect of the Bill by both Houses of the Oireachtas.

2 1° The preceding section of this Article shall apply to a Bill which is initiated in and passed by Seanad Éireann, amended by Dáil Éireann, and accordingly deemed to have been initiated in Dáil Éireann.

2° For the purpose of this application the stated period shall in relation to such a Bill commence on the day on which the Bill is first sent to Seanad Éireann after having been amended by Dáil Éireann.

ARTICLE 24

1 If and whenever on the passage by Dáil Éireann of any Bill, other than a Bill expressed to be a Bill containing a proposal to amend the Constitution, the Taoiseach certifies by messages in writing addressed to the President and to the Chairman of each House of the Oireachtas that, in the opinion of the Government, the Bill is urgent and immediately necessary for the preservation of the public peace and security, or by reason of the existence of a public emergency, whether domestic or international, the time for the consideration of such Bill by Seanad Éireann shall, if Dáil Éireann so resolves and if the President, after consultation with the Council of State, concurs, be abridged to such period as shall be specified in the resolution.

2 Where a Bill, the time for the consideration of which by Seanad Éireann has been abridged under this Article,

(a) is, in the case of a Bill which is not a Money Bill, rejected by Seanad Éireann or passed by Seanad Éireann with amendments to which Dáil Éireann does not agree or neither passed nor rejected by Seanad Éireann, or

(b) is, in the case of a Money Bill, either returned by Seanad Éireann to Dáil Éireann with recommendations which Dáil Éireann does not accept or is not returned by Seanad Éireann to Dáil Éireann,

within the period specified in the resolution, the Bill shall be deemed to have been passed by both Houses of the Oireachtas at the expiration of that period.

3 When a Bill the time for the consideration of which by Seanad Éireann has been abridged under this Article becomes law it shall remain in force for a period of ninety days from the date of its enactment and no longer unless, before the expiration of that period, both Houses shall have agreed that such law shall remain in force for a longer period and the longer period so agreed upon shall have been specified in resolutions passed by both Houses.

Signing and Promulgation of Laws

ARTICLE 25

1 As soon as any Bill, other than a Bill expressed to be a Bill containing a proposal for the amendment of this Constitution, shall have been passed or deemed to have been passed by both Houses of the Oireachtas, the Taoiseach shall present it to the President for his signature and for promulgation by him as a law in accordance with the provisions of this Article.

2 1° Save as otherwise provided by this Constitution, every Bill so presented to the President for his signature and for promulgation by him as a law shall be signed by the President not earlier than the fifth and not later than the seventh day after the date on which the Bill shall have been presented to him.

2° At the request of the Government, with the prior concurrence of Seanad Éireann, the President may sign any Bill the subject of such request on a date which is earlier than the fifth day after such date as aforesaid.

3 Every Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution shall be signed by the President on the day on which such Bill is presented to him for signature and promulgation as a law.

4 1° Every Bill shall become and be law as on and from the day on which it is signed by the President under this Constitution, and shall, unless the contrary intention appears, come into operation on that day.

2° Every Bill signed by the President under this Constitution shall be promulgated by him as a law by the publication by his direction of a notice in the Iris Oifigiúil stating that the Bill has become law.

3° Every Bill shall be signed by the President in the text in which it was passed or deemed to have been passed by both Houses of the Oireachtas, and if a Bill is so passed or deemed to have been passed in both the official languages, the President shall sign the text of the Bill in each of those languages.

4° Where the President signs the text of a Bill in one only of the official languages, an official translation shall be issued in the other official language.

5° As soon as may be after the signature and promulgation of a Bill as a law, the text of such law which was signed by the President or, where the President has signed the text of such law in each of the official languages, both the signed texts shall be enrolled for record in the office of the Registrar of the Supreme Court, and the text, or both the texts, so enrolled shall be conclusive evidence of the provisions of such law.

6° In case of conflict between the texts of a law enrolled under this section in both the official languages, the text in the national language shall prevail.

5 1° It shall be lawful for the Taoiseach, from time to time as occasion appears to him to require, to cause to be prepared under his supervision a text (in both the official languages) of this Constitution as then in force embodying all amendments theretofore made therein.

2° A copy of every text so prepared, when authenticated by the signatures of the Taoiseach and the Chief Justice, shall be signed by the President and shall be enrolled for record in the office of the Registrar of the Supreme Court.

3° The copy so signed and enrolled which is for the time being the latest text so prepared shall, upon such enrolment, be conclusive evidence of this Constitution as at the date of such enrolment and shall for that purpose supersede all texts of this Constitution of which copies were so enrolled.

4° In case of conflict between the texts of any copy of this Constitution enrolled under this section, the text in the national language shall prevail.

Reference of Bills to the Supreme Court

ARTICLE 26

This Article applies to any Bill passed or deemed to have been passed by both Houses of the Oireachtas other than a Money Bill, or a Bill expressed to be a Bill containing a proposal to amend the Constitution, or a Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution.

1 1° The President may, after consultation with the Council of State, refer any Bill to which this Article applies to the Supreme Court for a decision on the question as to whether such Bill or any specified provision or provisions of such Bill is or are repugnant to this Constitution or to any provision thereof.

2° Every such reference shall be made not later than the seventh day after the date on which such Bill shall have been presented by the Taoiseach to the President for his signature.

3° The President shall not sign any Bill the subject of a reference to the Supreme Court under this Article pending the pronouncement of the decision of the Court.

2 1° The Supreme Court consisting of not less than five judges shall consider every question referred to it by the President under this Article for a decision, and, having heard arguments by or on behalf of the Attorney General and by counsel assigned by the Court, shall pronounce its decision on such question in open court as soon as may be, and in any case not later than sixty days after the date of such reference.

2° The decision of the majority of the judges of the Supreme Court shall, for the purposes of this Article, be the decision of the Court and shall be pronounced by such one of those judges as the Court shall direct, and no other opinion, whether assenting or dissenting, shall be pronounced nor shall the existence of any such other opinion be disclosed.

3 1° In every case in which the Supreme Court decides that any provision of a Bill the subject of a reference to the Supreme Court under this Article is repugnant to this Constitution or to any provision thereof, the President shall decline to sign such Bill.

2° If, in the case of a Bill to which Article 27 of this Constitution applies, a petition has been addressed to the President under that Article, that Article shall be complied with.

3° In every other case the President shall sign the Bill as soon as may be after the date on which the decision of the Supreme Court shall have been pronounced.

Reference of Bills to the People

ARTICLE 27

This Article applies to any Bill, other than a Bill expressed to be a Bill containing a proposal for the amendment of this Constitution, which shall have been deemed, by virtue of Article 23 hereof, to have been passed by both Houses of the Oireachtas.

1 A majority of the members of Seanad Éireann and not less than one-third of the members of Dáil Éireann may by a joint petition addressed to the President by them under this Article request the President to decline to sign and promulgate as a law any Bill to which this article applies on the ground that the Bill contains a proposal of such national importance that the will of the people thereon ought to be ascertained.

2 Every such petition shall be in writing and shall be signed by the petitioners whose signatures shall be verified in the manner prescribed by law.

3 Every such petition shall contain a statement of the particular ground or grounds on which the request is based, and shall be presented to the President not later than four days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas.

4 1° Upon receipt of a petition addressed to him under this Article, the President shall forthwith consider such petition and shall, after consultation with the Council of State, pronounce his decision thereon not later than ten days after the date on which the Bill to which such petition relates shall have been deemed to have been passed by both Houses of the Oireachtas.

2° If the Bill or any provision thereof is or has been referred to the Supreme Court under Article 26 of this Constitution, it shall not be obligatory on the President to consider the petition unless or until the Supreme Court has pronounced a decision on such reference to the effect that the said Bill or the said provision thereof is not repugnant to this Constitution or to any provision thereof, and, if a decision to that effect is pronounced by the Supreme Court, it shall not be obligatory on the President to pronounce his decision on the petition before the expiration of six days after the day on which the decision of the Supreme Court to the effect aforesaid is pronounced.

5 1° In every case in which the President decides that a Bill the subject of a petition under this Article contains a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the Taoiseach and the Chairman of each House of the Oireachtas accordingly in writing under his hand and Seal and shall decline to sign and promulgate such Bill as a law unless and until the proposal shall have been approved either

i by the people at a Referendum in accordance with the provisions of section 2 of Article 47 of this Constitution within a period of eighteen months from the date of the President’s decision, or

ii by a resolution of Dáil Éireann passed within the said period after a dissolution and re-assembly of Dáil Éireann.

2° Whenever a proposal contained in a Bill the subject of a petition under this Article shall have been approved either by the people or by a resolution of Dáil Éireann in accordance with the foregoing provisions of this section, such Bill shall as soon as may be after such approval be presented to the President for his signature and promulgation by him as a law and the President shall thereupon sign the Bill and duly promulgate it as a law.

6 In every case in which the President decides that a Bill the subject of a petition under this Article does not contain a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the Taoiseach and the Chairman of each House of the Oireachtas accordingly in writing under his hand and Seal, and such Bill shall be signed by the President not later than eleven days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas and shall be duly promulgated by him as a law.

THE GOVERNMENT

ARTICLE 28

1 The Government shall consist of not less than seven and not more than fifteen members who shall be appointed by the President in accordance with the provisions of this Constitution.

2 The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government.

3 1° War shall not be declared and the State shall not participate in any war save with the assent of Dáil Éireann.

2° In the case of actual invasion, however, the Government may take whatever steps they may consider necessary for the protection of the State, and Dáil Éireann if not sitting shall be summoned to meet at the earliest practicable date.

3° Nothing in this Constitution other than Article 15.5.2° shall be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law. In this subsection “time of war” includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the Houses of the Oireachtas shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State and “time of war or armed rebellion” includes such time after the termination of any war, or of any such armed conflict as aforesaid, or of an armed rebellion, as may elapse until each of the Houses of the Oireachtas shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist.

4 1° The Government shall be responsible to Dáil Éireann.

2° The Government shall meet and act as a collective authority, and shall be collectively responsible for the Departments of State administered by the members of the Government.

3° The confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter –

i in the interests of the administration of justice by a Court, or

ii by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public importance.

4° The Government shall prepare Estimates of the Receipts and Estimates of the Expenditure of the State for each financial year, and shall present them to Dáil Éireann for consideration.

5 1° The head of the Government, or Prime Minister, shall be called, and is in this Constitution referred to as, the Taoiseach.

2° The Taoiseach shall keep the President generally informed on matters of domestic and international policy.

6 1° The Taoiseach shall nominate a member of the Government to be the Tánaiste.

2° The Tánaiste shall act for all purposes in the place of the Taoiseach if the Taoiseach should die, or become permanently incapacitated, until a new Taoiseach shall have been appointed.

3° The Tánaiste shall also act for or in the place of the Taoiseach during the temporary absence of the Taoiseach.

7 1° The Taoiseach, the Tánaiste and the member of the Government who is in charge of the Department of Finance must be members of Dáil Éireann.

2° The other members of the Government must be members of Dáil Éireann or Seanad Éireann, but not more than two may be members of Seanad Éireann.

8 Every member of the Government shall have the right to attend and be heard in each House of the Oireachtas.

9 1° The Taoiseach may resign from office at any time by placing his resignation in the hands of the President.

2° Any other member of the Government may resign from office by placing his resignation in the hands of the Taoiseach for submission to the President.

3° The President shall accept the resignation of a member of the Government, other than the Taoiseach, if so advised by the Taoiseach.

4° The Taoiseach may at any time, for reasons which to him seem sufficient, request a member of the Government to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Taoiseach so advises.

10 The Taoiseach shall resign from office upon his ceasing to retain the support of a majority in Dáil Éireann unless on his advice the President dissolves Dáil Éireann and on the reassembly of Dáil Éireann after the dissolution the Taoiseach secures the support of a majority in Dáil Éireann.

11 1° If the Taoiseach at any time resigns from office the other members of the Government shall be deemed also to have resigned from office, but the Taoiseach and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.

2° The members of the Government in office at the date of a dissolution of Dáil Éireann shall continue to hold office until their successors shall have been appointed.

12 The following matters shall be regulated in accordance with law, namely, the organization of, and distribution of business amongst, Departments of State, the designation of members of the Government to be the Ministers in charge of the said Departments, the discharge of the functions of the office of a member of the Government during his temporary absence or incapacity, and the remuneration of the members of the Government.

LOCAL GOVERNMENT

ARTICLE 28A

1 The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.

2 There shall be such directly elected local authorities as may be determined by law and their powers and functions shall, subject to the provisions of this Constitution, be so determined and shall be exercised and performed in accordance with law.

3 Elections for members of such local authorities shall be held in accordance with law not later than the end of the fifth year after the year in which they were last held.

4 Every citizen who has the right to vote at an election for members of Dáil Éireann and such other persons as may be determined by law shall have the right to vote at an election for members of such of the local authorities referred to in section 2 of this Article as shall be determined by law.

5 Casual vacancies in the membership of local authorities referred to in section 2 of this Article shall be filled in accordance with law.

INTERNATIONAL RELATIONS

ARTICLE 29

1 Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.

2 Ireland affirms its adherence to the principle of the pacific settlement of international disputes by international arbitration or judicial determination.

3 Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.

4 1° The executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government.

2° For the purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international co-operation in matters of common concern.

3° The State may become a member of the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957).

4° Ireland affirms its commitment to the European Union within which the member states of that Union work together to promote peace, shared values and the well-being of their peoples.

5° The State may ratify the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on the 13th day of December 2007 (“Treaty of Lisbon”), and may be a member of the European Union established by virtue of that Treaty.

6° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State, before, on or after the entry into force of the Treaty of Lisbon, that are necessitated by the obligations of membership of the European Union referred to in subsection 5° of this section or of the European Atomic Energy Community, or prevents laws enacted, acts done or measures adopted by—

i the said European Union or the European Atomic Energy Community, or institutions thereof,

ii the European Communities or European Union existing immediately before the entry into force of the Treaty of Lisbon, or institutions thereof, or

iii bodies competent under the treaties referred to in this section,

from having the force of law in the State.

7° The State may exercise the options or discretions—

i to which Article 20 of the Treaty on European Union relating to enhanced cooperation applies,

ii under Protocol No. 19 on the Schengen acquis integrated into the framework of the European Union annexed to that treaty and to the Treaty on the Functioning of the European Union (formerly known as the Treaty establishing the European Community), and

iii under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, so annexed, including the option that the said Protocol No. 21 shall, in whole or in part, cease to apply to the State,

but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.

8° The State may agree to the decisions, regulations or other acts—

i under the Treaty on European Union and the Treaty on the Functioning of the European Union authorising the Council of the European Union to act other than by unanimity,

ii under those treaties authorising the adoption of the ordinary legislative procedure, and

iii under subparagraph (d) of Article 82.2, the third subparagraph of Article 83.1 and paragraphs 1 and 4 of Article 86 of the Treaty on the Functioning of the European Union, relating to the area of freedom, security and justice,

but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas.

9° The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 42 of the Treaty on European Union where that common defence would include the State.

10° The State may ratify the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union done at Brussels on the 2nd day of March 2012. No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of the State under that Treaty or prevents laws enacted, acts done or measures adopted by bodies competent under that Treaty from having the force of law in the State.

5 1° Every international agreement to which the State becomes a party shall be laid before Dáil Éireann.

2° The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann.

3° This section shall not apply to agreements or conventions of a technical and administrative character.

6 No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas.

7 1° The State may consent to be bound by the British-Irish Agreement done at Belfast on the 10th day of April, 1998, hereinafter called the Agreement.

2° Any institution established by or under the Agreement may exercise the powers and functions thereby conferred on it in respect of all or any part of the island of Ireland notwithstanding any other provision of this Constitution conferring a like power or function on any person or any organ of State appointed under or created or established by or under this Constitution. Any power or function conferred on such an institution in relation to the settlement or resolution of disputes or controversies may be in addition to or in substitution for any like power or function conferred by this Constitution on any such person or organ of State as aforesaid.

8 The State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law.

9 The State may ratify the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998.

THE ATTORNEY GENERAL

ARTICLE 30

1 There shall be an Attorney General who shall be the adviser of the Government in matters of law and legal opinion, and shall exercise and perform all such powers, functions and duties as are conferred or imposed on him by this Constitution or by law.

2 The Attorney General shall be appointed by the President on the nomination of the Taoiseach.

3 All crimes and offences prosecuted in any court constituted under Article 34 of this Constitution other than a court of summary jurisdiction shall be prosecuted in the name of the People and at the suit of the Attorney General or some other person authorised in accordance with law to act for that purpose.

4 The Attorney General shall not be a member of the Government.

5 1° The Attorney General may at any time resign from office by placing his resignation in the hands of the Taoiseach for submission to the President.

2° The Taoiseach may, for reasons which to him seem sufficient, request the resignation of the Attorney General.

3° In the event of failure to comply with the request, the appointment of the Attorney General shall be terminated by the President if the Taoiseach so advises.

4° The Attorney General shall retire from office upon the resignation of the Taoiseach, but may continue to carry on his duties until the successor to the Taoiseach shall have been appointed.

6 Subject to the foregoing provisions of this Article, the office of Attorney General, including the remuneration to be paid to the holder of the office, shall be regulated by law.

THE COUNCIL OF STATE

ARTICLE 31

1 There shall be a Council of State to aid and counsel the President on all matters on which the President may consult the said Council in relation to the exercise and performance by him of such of his powers and functions as are by this Constitution expressed to be exercisable and performable after consultation with the Council of State, and to exercise such other functions as are conferred on the said Council by this Constitution.

2 The Council of State shall consist of the following members:

i As ex-officio members: the Taoiseach, the Tánaiste, the Chief Justice, the President of the Court of Appeal, the President of the High Court, the Chairman of Dáil Éireann, the Chairman of Seanad Éireann, and the Attorney General.

ii Every person able and willing to act as a member of the Council of State who shall have held the office of President, or the office of Taoiseach, or the office of Chief Justice, or the office of President of the Executive Council of Saorstát Éireann.

iii Such other persons, if any, as may be appointed by the President under this Article to be members of the Council of State.

3 The President may at any time and from time to time by warrant under his hand and Seal appoint such other persons as, in his absolute discretion, he may think fit, to be members of the Council of State, but not more than seven persons so appointed shall be members of the Council of State at the same time.

4 Every member of the Council of State shall at the first meeting thereof which he attends as a member take and subscribe a declaration in the following form:

“In the presence of Almighty God I do solemnly and sincerely promise and declare that I will faithfully and conscientiously fulfil my duties as a member of the Council of State.”

5 Every member of the Council of State appointed by the President, unless he previously dies, resigns, becomes permanently incapacitated, or is removed from office, shall hold office until the successor of the President by whom he was appointed shall have entered upon his office.

6 Any member of the Council of State appointed by the President may resign from office by placing his resignation in the hands of the President.

7 The President may, for reasons which to him seem sufficient, by an order under his hand and Seal, terminate the appointment of any member of the Council of State appointed by him.

8 Meetings of the Council of State may be convened by the President at such times and places as he shall determine.

ARTICLE 32

The President shall not exercise or perform any of the powers or functions which are by this Constitution expressed to be exercisable or performable by him after consultation with the Council of State unless, and on every occasion before so doing, he shall have convened a meeting of the Council of State and the members present at such meeting shall have been heard by him.

THE COMPTROLLER AND AUDITOR GENERAL

ARTICLE 33

1 There shall be a Comptroller and Auditor General to control on behalf of the State all disbursements and to audit all accounts of moneys administered by or under the authority of the Oireachtas.

2 The Comptroller and Auditor General shall be appointed by the President on the nomination of Dáil Éireann.

3 The Comptroller and Auditor General shall not be a member of either House of the Oireachtas and shall not hold any other office or position of emolument.

4 The Comptroller and Auditor General shall report to Dáil Éireann at stated periods as determined by law.

5 1° The Comptroller and Auditor General shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.

2° The Taoiseach shall duly notify the President of any such resolutions as aforesaid passed by Dáil Éireann and by Seanad Éireann and shall send him a copy of each such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.

3° Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by an order under his hand and Seal, remove the Comptroller and Auditor General from office.

6 Subject to the foregoing, the terms and conditions of the office of Comptroller and Auditor General shall be determined by law.

THE COURTS

ARTICLE 34

1 Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public.

2 The Courts shall comprise:

i Courts of First Instance;

ii a Court of Appeal; and

iii a Court of Final Appeal.

3 1° The Courts of First Instance shall include a High Court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal.

2° Save as otherwise provided by this Article, the jurisdiction of the High Court shall extend to the question of the validity of any law having regard to the provisions of this Constitution, and no such question shall be raised (whether by pleading, argument or otherwise) in any Court established under this or any other Article of this Constitution other than the High Court, the Court of Appeal or the Supreme Court.

3° No Court whatever shall have jurisdiction to question the validity of a law, or any provision of a law, the Bill for which shall have been referred to the Supreme Court by the President under Article 26 of this Constitution, or to question the validity of a provision of a law where the corresponding provision in the Bill for such law shall have been referred to the Supreme Court by the President under the said Article 26.

4° The Courts of First Instance shall also include Courts of local and limited jurisdiction with a right of appeal as determined by law.

4 1° The Court of Appeal shall–

i save as otherwise provided by this Article, and

ii with such exceptions and subject to such regulations as may be prescribed by law,

have appellate jurisdiction from all decisions of the High Court, and shall also have appellate jurisdiction from such decisions of other courts as may be prescribed by law.

2° No law shall be enacted excepting from the appellate jurisdiction of the Court of Appeal cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.

3° The decision of the Court of Appeal shall be final and conclusive, save as otherwise provided by this Article.

5 1° The Court of Final Appeal shall be called the Supreme Court.

2° The president of the Supreme Court shall be called the Chief Justice.

3° The Supreme Court shall, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the Court of Appeal if the Supreme Court is satisfied that-

i the decision involves a matter of general public importance, or

ii in the interests of justice it is necessary that there be an appeal to the Supreme Court.

4° Notwithstanding section 4.1° hereof, the Supreme Court shall, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the High Court if the Supreme Court is satisfied that there are exceptional circumstances warranting a direct appeal to it, and a precondition for the Supreme Court being so satisfied is the presence of either or both of the following factors:

i the decision involves a matter of general public importance;

ii the interests of justice.

5° No law shall be enacted excepting from the appellate jurisdiction of the Supreme Court cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.

6° The decision of the Supreme Court shall in all cases be final and conclusive.

6 1° Every person appointed a judge under this Constitution shall make and subscribe the following declaration:

“In the presence of Almighty God I do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of Chief Justice (or as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me.”

2° This declaration shall be made and subscribed by the Chief Justice in the presence of the President, and by each of the other judges of the Supreme Court, the judges of the Court of Appeal, the judges of the High Court and the judges of every other Court in the presence of the Chief Justice or the senior available judge of the Supreme Court in open court.

3° The declaration shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment or such later date as may be determined by the President.

4° Any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have vacated his office.

ARTICLE 35

1 The judges of the Supreme Court, the Court of Appeal, the High Court and all other Courts established in pursuance of Article 34 hereof shall be appointed by the President.

2 All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law.

3 No judge shall be eligible to be a member of either House of the Oireachtas or to hold any other office or position of emolument.

4 1° A judge of the Supreme Court, the Court of Appeal, or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.

2° The Taoiseach shall duly notify the President of any such resolutions passed by Dáil Éireann and by Seanad Éireann, and shall send him a copy of every such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.

3° Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by an order under his hand and Seal, remove from office the judge to whom they relate.

5 1° The remuneration of judges shall not be reduced during their continuance in office save in accordance with this section.

2° The remuneration of judges is subject to the imposition of taxes, levies or other charges that are imposed by law on persons generally or persons belonging to a particular class.

3° Where, before or after the enactment of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, provision may also be made by law to make proportionate reductions to the remuneration of judges.

ARTICLE 36

Subject to the foregoing provisions of this Constitution relating to the Courts, the following matters shall be regulated in accordance with law, that is to say:–

i the number of judges of the Supreme Court, of the Court of Appeal, and of the High Court, the remuneration, age of retirement and pensions of such judges,

ii the number of the judges of all other Courts, and their terms of appointment, and

iii the constitution and organization of the said Courts, the distribution of jurisdiction and business among the said Courts and judges, and all matters of procedure.

ARTICLE 37

1 Nothing in this Constitution shall operate to invalidate the exercise of limited functions and powers of a judicial nature, in matters other than criminal matters, by any person or body of persons duly authorised by law to exercise such functions and powers, notwithstanding that such person or such body of persons is not a judge or a court appointed or established as such under this Constitution.

2 No adoption of a person taking effect or expressed to take effect at any time after the coming into operation of this Constitution under laws enacted by the Oireachtas and being an adoption pursuant to an order made or an authorisation given by any person or body of persons designated by those laws to exercise such functions and powers was or shall be invalid by reason only of the fact that such person or body of persons was not a judge or a court appointed or established as such under this Constitution.

TRIAL OF OFFENCES

ARTICLE 38

1 No person shall be tried on any criminal charge save in due course of law.

2 Minor offences may be tried by courts of summary jurisdiction.

3 1° Special courts may be established by law for the trial of offences in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order.

2° The constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law.

4 1° Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion.

2° A member of the Defence Forces not on active service shall not be tried by any courtmartial or other military tribunal for an offence cognisable by the civil courts unless such offence is within the jurisdiction of any courtmartial or other military tribunal under any law for the enforcement of military discipline.

5 Save in the case of the trial of offences under section 2, section 3 or section 4 of this Article no person shall be tried on any criminal charge without a jury.

6 The provisions of Articles 34 and 35 of this Constitution shall not apply to any court or tribunal set up under section 3 or section 4 of this Article.

ARTICLE 39

Treason shall consist only in levying war against the State, or assisting any State or person or inciting or conspiring with any person to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government established by this Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt.

FUNDAMENTAL RIGHTS

PERSONAL RIGHTS

ARTICLE 40

1 All citizens shall, as human persons, be held equal before the law.

This shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function.

2 1° Titles of nobility shall not be conferred by the State.

2° No title of nobility or of honour may be accepted by any citizen except with the prior approval of the Government.

3 1° The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.

2° The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.

3° The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

This subsection shall not limit freedom to travel between the State and another state.

This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

4 1° No citizen shall be deprived of his personal liberty save in accordance with law.

2° Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law.

3° Where the body of a person alleged to be unlawfully detained is produced before the High Court in pursuance of an order in that behalf made under this section and that Court is satisfied that such person is being detained in accordance with a law but that such law is invalid having regard to the provisions of this Constitution, the High Court shall refer the question of the validity of such law to the Court of Appeal by way of case stated and may, at the time of such reference or at any time thereafter, allow the said person to be at liberty on such bail and subject to such conditions as the High Court shall fix until the Court of Appeal has determined the question so referred to it.

4° The High Court before which the body of a person alleged to be unlawfully detained is to be produced in pursuance of an order in that behalf made under this section shall, if the President of the High Court or, if he is not available, the senior judge of that Court who is available so directs in respect of any particular case, consist of three judges and shall, in every other case, consist of one judge only.

5° Nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of the Defence Forces during the existence of a state of war or armed rebellion.

6° Provision may be made by law for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.

5 The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.

6 1° The State guarantees liberty for the exercise of the following rights, subject to public order and morality: –

i The right of the citizens to express freely their convictions and opinions.

The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.

The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.

ii The right of the citizens to assemble peaceably and without arms.

Provision may be made by law to prevent or control meetings which are determined in accordance with law to be calculated to cause a breach of the peace or to be a danger or nuisance to the general public and to prevent or control meetings in the vicinity of either House of the Oireachtas.

iii The right of the citizens to form associations and unions.

Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right.

2° Laws regulating the manner in which the right of forming associations and unions and the right of free assembly may be exercised shall contain no political, religious or class discrimination.

THE FAMILY

ARTICLE 41

1 1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.

2° The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.

2 1° In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.

2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.

3 1° The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.

2° A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that –

i at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five years,

ii there is no reasonable prospect of a reconciliation between the spouses,

iii such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and

iv any further conditions prescribed by law are complied with.

3° No person whose marriage has been dissolved under the civil law of any other State but is a subsisting valid marriage under the law for the time being in force within the jurisdiction of the Government and Parliament established by this Constitution shall be capable of contracting a valid marriage within that jurisdiction during the lifetime of the other party to the marriage so dissolved.

4 Marriage may be contracted in accordance with law by two persons without distinction as to their sex.

EDUCATION

ARTICLE 42

1 The State acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children.

2 Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State.

3 1° The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.

2° The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social.

4 The State shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation.

CHILDREN

ARTICLE 42A

1 The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights.

2 1° In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.

2° Provision shall be made by law for the adoption of any child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child and where the best interests of the child so require.

3 Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.

4 1° Provision shall be made by law that in the resolution of all proceedings—

i brought by the State, as guardian of the common good, for the purpose of preventing the safety and welfare of any child from being prejudicially affected, or

ii concerning the adoption, guardianship or custody of, or access to, any child,

the best interests of the child shall be the paramount consideration.

2° Provision shall be made by law for securing, as far as practicable, that in all proceedings referred to in subsection 1° of this section in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.

PRIVATE PROPERTY

ARTICLE 43

1 1° The State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods.

2° The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property.

2 1° The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice.

2° The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.

RELIGION

ARTICLE 44

1 The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.

2 1° Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.

2° The State guarantees not to endow any religion.

3° The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.

4° Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.

5° Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.

6° The property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation.

DIRECTIVE PRINCIPLES OF SOCIAL POLICY

ARTICLE 45

The principles of social policy set forth in this Article are intended for the general guidance of the Oireachtas. The application of those principles in the making of laws shall be the care of the Oireachtas exclusively, and shall not be cognisable by any Court under any of the provisions of this Constitution.

1 The State shall strive to promote the welfare of the whole people by securing and protecting as effectively as it may a social order in which justice and charity shall inform all the institutions of the national life.

2 The State shall, in particular, direct its policy towards securing:–

i That the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs.

ii That the ownership and control of the material resources of the community may be so distributed amongst private individuals and the various classes as best to subserve the common good.

iii That, especially, the operation of free competition shall not be allowed so to develop as to result in the concentration of the ownership or control of essential commodities in a few individuals to the common detriment.

iv That in what pertains to the control of credit the constant and predominant aim shall be the welfare of the people as a whole.

v That there may be established on the land in economic security as many families as in the circumstances shall be practicable.

3 1° The State shall favour and, where necessary, supplement private initiative in industry and commerce.

2° The State shall endeavour to secure that private enterprise shall be so conducted as to ensure reasonable efficiency in the production and distribution of goods and as to protect the public against unjust exploitation.

4 1° The State pledges itself to safeguard with especial care the economic interests of the weaker sections of the community, and, where necessary, to contribute to the support of the infirm, the widow, the orphan, and the aged.

2° The State shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength.

AMENDMENT OF THE CONSTITUTION

ARTICLE 46

1 Any provision of this Constitution may be amended, whether by way of variation, addition, or repeal, in the manner provided by this Article.

2 Every proposal for an amendment of this Constitution shall be initiated in Dáil Éireann as a Bill, and shall upon having been passed or deemed to have been passed by both Houses of the Oireachtas, be submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum.

3 Every such Bill shall be expressed to be “An Act to amend the Constitution”.

4 A Bill containing a proposal or proposals for the amendment of this Constitution shall not contain any other proposal.

5 A Bill containing a proposal for the amendment of this Constitution shall be signed by the President forthwith upon his being satisfied that the provisions of this Article have been complied with in respect thereof and that such proposal has been duly approved by the people in accordance with the provisions of section 1 of Article 47 of this Constitution and shall be duly promulgated by the President as a law.

THE REFERENDUM

ARTICLE 47

1 Every proposal for an amendment of this Constitution which is submitted by Referendum to the decision of the people shall, for the purpose of Article 46 of this Constitution, be held to have been approved by the people, if, upon having been so submitted, a majority of the votes cast at such Referendum shall have been cast in favour of its enactment into law.

2 1° Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall be held to have been vetoed by the people if a majority of the votes cast at such Referendum shall have been cast against its enactment into law and if the votes so cast against its enactment into law shall have amounted to not less than thirty-three and one-third per cent. of the voters on the register.

2° Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall for the purposes of Article 27 hereof be held to have been approved by the people unless vetoed by them in accordance with the provisions of the foregoing sub-section of this section.

3 Every citizen who has the right to vote at an election for members of Dáil Éireann shall have the right to vote at a Referendum.

4 Subject as aforesaid, the Referendum shall be regulated by law.

REPEAL OF CONSTITUTION OF SAORSTÁT ÉIREANN AND CONTINUANCE OF LAWS

ARTICLE 48

The Constitution of Saorstát Éireann in force immediately prior to the date of the coming into operation of this Constitution and the Constitution of the Irish Free State (Saorstát Éireann) Act, 1922, in so far as that Act or any provision thereof is then in force shall be and are hereby repealed as on and from that date.

ARTICLE 49

1 All powers, functions, rights and prerogatives whatsoever exercisable in or in respect of Saorstát Éireann immediately before the 11th day of December, 1936, whether in virtue of the Constitution then in force or otherwise, by the authority in which the executive power of Saorstát Éireann was then vested are hereby declared to belong to the people.

2 It is hereby enacted that, save to the extent to which provision is made by this Constitution or may hereafter be made by law for the exercise of any such power, function, right or prerogative by any of the organs established by this Constitution, the said powers, functions, rights and prerogatives shall not be exercised or be capable of being exercised in or in respect of the State save only by or on the authority of the Government.

3 The Government shall be the successors of the Government of Saorstát Éireann as regards all property, assets, rights and liabilities.

ARTICLE 50

1 Subject to this Constitution and to the extent to which they are not inconsistent therewith, the laws in force in Saorstát Éireann immediately prior to the date of the coming into operation of this Constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of the Oireachtas.

2 Laws enacted before, but expressed to come into force after, the coming into operation of this Constitution, shall, unless otherwise enacted by the Oireachtas, come into force in accordance with the terms thereof.

Devider

Smt. K.A. Annamma Vs. The Secretary, Cochin Co-operative Hospital Society Ltd [SC 2018 January]

KEYWORDS:- Cooperative Society- state act vs central act-

DATE :- January 12, 2018-

  • If any inconsistency or/and repugnancy is noticed between the provisions of the Central and the State Act, which has resulted in their direct head on collusion with each other which made it impossible to reconcile both the provisions to remain in operation inasmuch as if one provision is obeyed, the other would be disobeyed, the State Act, if it has received the Assent of the President will prevail over the Central Act in the concerned State by virtue of Article 254 (2) of the Constitution.
  • It is the choice of the Employee concerned to choose any one forum out of the two forums available to him/her under the two Acts (the KCS Act and the I.D. Act) to get his/her service dispute decided. It is, however, subject to satisfying the test laid down under the ID Act that the employee concerned is a “workman”, the dispute raised by him/her is an “industrial dispute” and the Co-operative Society (Employer) is an “Industry” as defined under the ID Act

ACTS:- Kerala Co-operative Societies Act, 1969- Industrial Dispute Act

SUPREME COURT OF INDIA

Smt. K.A. Annamma Vs. The Secretary, Cochin Co-operative Hospital Society Ltd.

[Civil Appeal No. 197 of 2018 Arising out of S.L.P. (C) No.29765 of 2016]

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is directed against the final judgment and order dated 21.12.2015 passed by the High Court of Kerala at Ernakulam in W.P.(C) No.18354 of 2010 whereby the High Court allowed the writ petition filed by the respondent herein and set aside the award dated 23.09.2009 of the Labour Court, Ernakulam in I.D.No.32 of 2006.

3. In order to appreciate the controversy involved in the appeal, which is essentially legal in nature, mentioning of few undisputed facts would suffice.

Facts in brief

4. The respondent is the Cooperative Society registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as “the KCS Act”). The appellant was an employee of the respondent-Society. By order dated 22.03.2005, the respondent-Society dismissed the appellant from service.

5. The appellant, felt aggrieved of her dismissal order, filed a complaint with the State Government against the respondent-Society under the Industrial Dispute Act, 1947 (hereinafter referred to as “the ID Act”). The conciliation having failed, the appropriate Government made an industrial reference to the Labour Court, Ernakulum under Section 10 of the 3 ID Act for deciding the legality and correctness of the appellant’s dismissal and to pass appropriate consequential orders, if any.

6. The Labour Court, by award dated 23.09.2009 answered the reference in appellant’s favour. It was held that the dismissal order is bad in law and was accordingly set aside. It was held that during the pendency of the reference, the appellant has attained the age of superannuation on 31.05.2007, therefore, she was entitled to get all monetary and other service benefits as are permissible in law.

7. The respondent, felt aggrieved of the award of the Labour Court, filed Writ Petition (Civil) No.18354 of 2010 in the High Court of Kerala and questioned its legality and correctness.

8. At this stage, it is necessary to state as to how the question involved in the writ petition, which eventually reached to this Court was decided by the different Benches of the Kerala High Court prior to respondent’s filing the writ petition and during its pendency.

9. The question, which frequently came up for consideration before the different Benches of the High Court of Kerala since 1978, was “when a service dispute arises between an Employee of any Co-operative Society and his Employer (Co-operative Society), whether such dispute is triable by the forum prescribed under the ID Act or under the KCS Act or under both the Acts as per the choice of an aggrieved person to select the forum under any of the two Acts for deciding such service dispute”.

10. In other words, the question was “whether a service dispute arising between the Cooperative Society’s Employee and his Employer is capable of being tried by the forum prescribed under the KCS Act or by the machinery provided under the ID Act or it is capable of being tried under both the Acts leaving the aggrieved person to select one forum under any of the Acts of his choice out of the two for getting his/her service dispute decided by such forum.”

11. The aforesaid question was first decided by two Full Benches of the Kerala High Court in K. Balachandran vs. The Dy. Registrar, Co-operative Societies & Ors., AIR 1978 Kerala 126 = 1978 KLT 249 and Sherly M.U. vs. The President, Parappuram Milk Producers Co-op. Society Ltd. & Ors., 2007(1)KLT 809 wherein it was held on the facts involved in both the cases that the dispute, which had arisen between the Co-operative Society’s Employee and his/her Employer, was not capable of being decided under Section 69 of the KCS Act as it stood then.

12. This question again came up for consideration before a Single Judge of the High Court in Board of Directors, Edava Service Co-operative Bank vs. The Co-operative Arbitration Court & Ors., 2008(3) KLT 780 wherein it was held that a service dispute between a Co-operative Society’s employee 6 and his/her employer is capable of being tried under both the Acts inasmuch as both the Acts enjoy concurrent jurisdiction to try and decide such service dispute.

13. In other words, according to the Single Judge, one Act does not exclude the other and, therefore, both the Acts possess concurrent jurisdiction to decide such dispute leaving the aggrieved person to choose the forum of his/her choice under any Act out of the two Acts.

14. This question was again considered by the Division Bench in Thodupuzha Taluk General Marketing Co-operative Society vs. Michael Sebastian, 2010 (1) KLT 938 wherein the Division Bench concurred with the view of the Single Judge taken in Board of Directors, Edava Service Co-operative Bank (supra). It was accordingly reiterated.

15. Lastly, this question was considered by another Single Bench in W.P.(C) No.30854/2007 entitled Chirayinkeezhu Service Co-operative Bank Ltd. No.115 vs. K. Santosh & Anr. and then by the Division Bench in Writ Appeal No.2516/2009, arising out of the said writ petition. While hearing the writ appeal, a doubt was raised before the Division Bench about the correctness of the earlier decision rendered in the case of Thodupuzha Taluk General Marketing Co-operative Society(supra) contending that the said decision requires reconsideration for various reasons.

16. Acceding to this prayer, the case was referred to the larger Bench to reconsider the law laid down in Thodupuzha Taluk General Marketing Co-operative Society (supra). This is how the case was placed before the larger Bench comprising of three learned Judges.

17. While the larger Bench was hearing the case, it was noticed that the earlier two decisions of the Full Bench also need reconsideration because the Single Judge and the Division Bench, subsequent to the decisions of the Full Bench, have taken a slightly different view, which appears to be in conflict with the two Full Bench decisions, resulting in cleavage of opinions amongst the various Benches of the same High Court on one question. It is for this reason, there arose a need to constitute a larger Bench comprising of five Judges to examine the question afresh to settle the controversy.

18. The Bench of three Judges then formulated as many as questions to enable the Bench of five Judges to answer the questions referred by the Three-Judge Bench.

19. By order dated 14.09.2015, the Five-Judge Bench answered the questions referred in the case of Chirayinkeezhu Services Cooperative Bank Ltd. vs. Santosh, 2015(4) KLT 163(LB). However, there was a difference of opinion amongst the five Judges (3:2) on the questions referred.

20. So far as the majority view of three Judges is concerned, it held that the service dispute arising between the Co-operative Society’s Employee and the Employer (Co-operative Society) is triable only by the forum prescribed under the KCS Act, 1969 and the jurisdiction of the ID Act is excluded and barred to try such service dispute.

21. So far as the minority view of two Judges is concerned, it held that such service dispute is triable under both the Acts, i.e., the KCS Act and the ID Act. In other words, it held that both the Acts possess and enjoy concurrent jurisdiction to decide such service dispute and it is for the aggrieved person to choose the forum of his/her choice out of the two Acts to get the service dispute settled subject to proving the ingredients of the definition of “Workman”, “Industrial Dispute” and the cooperative Society to be the “Industry” as defined under the ID Act, if he/she desires to invoke the jurisdiction of the ID Act for deciding the service dispute.

22. Relying upon the majority view, the writ petition filed by the respondent(employer) in the case at hand was allowed by the learned Single Judge, resulting in setting aside of the award of the Labour Court, giving rise to filing of this appeal by way of special leave before this Court by the employee.

23. Heard Mr. P.V. Surendranath, learned senior counsel for the appellant and Mr. Ramesh Babu, learned counsel for the respondent.

24. Learned counsel for the appellant (employee) while assailing the legality, correctness and the reasoning of the majority Judges (3) contended that the majority view does not appear to be in conformity with the law laid down by this Court in Dharappa vs. Bijapur Coop. Milk Producers Societies Union Ltd. (2007) 9 SCC 109 whereas the view taken by the minority Judges (2) appears to be in conformity with the law laid down in the case of Dharappa(supra) and, therefore, the minority view, according to learned counsel, deserves to be upheld by this Court.

25. Placing strong reliance on the ratio laid down in the case of Dharappa(supra), learned counsel contended that if the ratio of Dharappa’s case is applied in its correct perspective to the facts of the case at hand, the question involved in the appeal has to be answered in appellant’s favour by upholding the view of the minority Judges which rightly held that both the Acts, i.e., the KCS Act and the ID Act, possess and enjoy concurrent jurisdiction to decide the service disputes arising between the Co-operative Society’s Employee and his/her Employer-Cooperative Society.

26. Learned counsel urged that the award of the Labour Court impugned in the writ petition by the respondent, therefore, deserves to be upheld and the case needs to be remanded to the writ court (Single Judge) for deciding the writ petition on merits.

27. It is this submission, which the learned counsel elaborated by placing reliance on the decision of Dharappa(supra), the relevant provisions of the KCS Act, 1969 and the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as “Karnataka CS Act”).

28. In reply, learned counsel for the respondent-Society (Employer) contended that the view taken by the majority of the Judges (3) being in accordance with law, it does not call for any interference.

29. Learned counsel elaborated his submission by referring to the ratio of Dharappa’s case, relevant provisions of KCS Act and Karnataka CS Act in support of his submission.

30. Having heard the learned counsel for the parties and on perusal of the record of the case, we find force in the submission of learned counsel for the appellant (Employee).

31. In our considered view, we are inclined to uphold the minority view for the reasons given infra.

32. At the outset, it is considered necessary to set out the relevant Sections of the KCS Act, which have bearing over the controversy:

“Section 2(i)

2(i) “dispute” means any matter touching the business, constitution, establishments or management of a society capable of being the subject of litigation and includes a claim in respect of any sum payable to or by a society, whether such claim be admitted or not”.

Un-amended Section 69

“69.Disputes to be referred to Registrar-

(1) Notwithstanding anything contained in any law for the time being in force, if a dispute arises-

(a) among members, past members and persons claiming through members, past members and deceased members; or

(b) between a member, past members or person claiming through a member, a past member or deceased member and the society, its committee or any officer, agent or employee of the society; or

(c) between the society or its committee and any past committee, any officer, agent or employee or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased employee of the society; or

(d) between the society and any other society; or

(e) between a society and the members of a society affiliated to it; or

(f) between the society and a person other than a member of the society, who has been granted a loan by the society or with whom the society has or had business transactions or any person claiming through such a person; or

(g) between the society and a surety of a member, past member, deceased member or employee or a person other than a member, who has been granted a loan by the society whether such a society is or is not a member of the society; or

(h) between the society and a creditor of the society, such dispute, shall be referred to the Registrar for decision, and no court shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute.

Explanation:- In this section and in Section 70, the term “Registrar” means the Registrar of Co-operative Societies appointed under sub-section (1) of Section 3 and includes any person on whom the powers of the Registrar under this Section and Section 70 are conferred.

(2) For the purposes of sub-section (1), the following shall also be deemed to be disputes, namely:- (a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member whether such debt or demand be admitted or not;

(b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt or demand is admitted or not;

(c) any dispute arising in connection with the election of the Board of Management or any officer of the society;

Explanation:- A dispute arising at any stage of an election commencing from the convening of the general body meeting for the election shall be deemed to be a dispute arising in connection with the election.

(3) No dispute arising in connection with the election of the Board of Management or an officer of the society shall be entertained by the Registrar unless it is referred to him within one month from the date of the election.

(4) If any, question arises whether a dispute referred to the Registrar under the section is a dispute as defined in clause (i) of Section 2 the decision thereon of the Registrar shall be final.”

Amended Section 69 by Amending Act 1/2000 w.e.f. 02.01.2003

“69. Disputes to be decided by Co-operative Arbitration Court and Registrar-

(1) Notwithstanding anything contained in any law for the time being in force, if a dispute arises-

(a) Among members, past members and persons claiming through members, past members and deceased members; or

(b) Between a member, past member or person claiming through a member, a past member or deceased member and the society, its 16 committee or any officer, agent or employee of the society; or

(c) Between the society or its committee and any past committee, any officer, agent or employee or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased employee of the society; or

(d) Between the society and any other society; or

(e) Between a society and the members of a society affiliated to it; or

(f) Between the society and a person, other than a member of the society, who has been granted a loan by the society or with whom the society has or had business transactions or any person claiming through such a person; or

(g) Between the society and a surety of a member, past member, deceased member or employee or a person, other than a member, who has been granted a loan by the society, whether such a surety is or is not a member of the society; or

(h) Between the society and a creditor of the society, such dispute shall be referred to the Co-operative Arbitration Court constituted under Section 70A in the case of non-monetary disputes and to the Registrar, in the case of monetary disputes and the Arbitration Court, or the Registrar, as the case may be, shall decide such dispute; and no other Court or other authority shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute.

(2) For the purposes of sub-section (1), the following shall also be deemed to be disputes, namely:-

(a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased 17 member, whether such debt or demand be admitted or not;

(b) a claim by a surety against the principal debtor, where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor, whether such debt or demand is admitted or not;

(c) any dispute arising in connection with the election of the Board of Management or any officer of the society;

Explanation- A dispute arising at any stage of an election commencing from the convening of the general body meeting for the election, shall be deemed to be a dispute arising in connection with the election;

(d) Any dispute arising in connection with employment of officers and servants of the different classes of societies specified in sub-section (1) of S.80, including their promotion and inter se seniority.

(3) No dispute arising in connection with the election of the Board of Management or an officer of the society shall be entertained by the Co-operative Arbitration Court unless it is referred to it within one month from the date of the election.”

Unamended Section 70

70. Decision and award on disputes:-

(1) The Registrar may, on receipt of the reference of a dispute under Section 69:-

(a) elect to decide the dispute himself; or

(b) transfer it for disposal to any person who has been invested by the Government with powers in that behalf; or

(c) refer it for disposal to an arbitrator appointed by the Registrar.

Provided that a transfer under clause

(b) or a reference under clause (c) shall not be made to a person equal or superior to him in rank.

(2) The Registrar may withdraw any reference transferred under clause (b) of sub-section (1) or referred under clause (c) of that sub-section and he may elect to decide the dispute himself or transfer it to any other person under clause (b) of sub-section (1) or refer it to any other arbitrator under clause (c) of that sub-section.

(3) The Registrar or such person shall decide the dispute, or the arbitrator shall pass an award, in accordance with the provisions of this Act and the rules and the bye-laws and such decision or award shall, subject to the provisions of S.82, be final. Pending decision or award, the Registrar, such person or arbitrator as the case may be, may make such interlocutory orders as he may deem necessary in the interest of justice.

(a) the nature of the allegations showing that the elections were vitiated.

(b) the existence of prima facie case which means whether respondents have a chance of success and

(c) whether the interest of justice require that an interlocutory order must be made.

Amended Section 70 by Amending Act 1/2000

70. Award on disputes:-

(1) the Co-operative Arbitration Court, on receipt of reference of a dispute under sub-section (1) of Sec. 69, shall pass an award within one year in accordance with the provisions of this Act and the rules and the bye-laws made there under and such award shall, subject to the provisions of Sec. 82, be final.

(2) The Co-operative Arbitration Court may, pending award of a dispute referred to it under Section 69, make such interlocutory orders as it may deem necessary in the interests of justice.

(3) The Co-operative Arbitration Court shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit in respect of the following matters, namely:-

(i) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;

(ii) the discovery and production of any document or other material object producible as evidence;

(iii) the reception of evidence on affidavits;

(iv) issuing of any commission for the examination of any witness; and

(v) any other matter which may be prescribed.

(4) The Registrar may, on receipt of the reference of a dispute under sub-section(1) of Sec. 69-

(a) elect to decide the dispute himself; or

(b) transfer it for disposal to any person who has been invested by the Government with powers in that behalf; or

(c) refer it for disposal to an arbitrator appointed by the Registrar: Provided that a transfer under clause (b) or a reference under clause (c) shall not be made to a person equal or superior to him in rank.

(5) The Registrar may withdraw any reference transferred under clause (b) of sub-section (4) or referred under clause (c) of that sub-section and he may elect to decide the dispute himself or transfer it to any other 20 person under clause (b) of sub-section (4) or refer it to any other arbitrator under clause (c) of that sub-section.

(6) The Registrar or the person invested with powers in this behalf shall, decide the dispute or the arbitrator shall pass an award in accordance with the provisions of this Act and the rules and the bye-laws and such decision or award shall, subject to the provisions of Sec. 82, be final. Pending decision or award, the Registrar, such person or the Arbitrator, as the case may be, may make such interlocutory orders as he may deem necessary in the interests of justice.

100. Bar of jurisdiction of courts:-

No civil or revenue court shall have any jurisdiction in respect of any matter for which provision is made in this Act.”

(Emphasis supplied)

33. Before we examine the question, it is apposite to take note of the findings of the majority as well as minority Judges on the question.

34. We find that both majority and minority Judges examined the questions largely in the light of the ratio laid down by this Court in Dharappa’s case (supra). Indeed, the learned counsel, in their submissions before us, did not make any attempt to contend that the law laid down in the case of Dharappa (supra) needs reconsideration on any issue. On the other hand, both sides proceeded to make their submissions that, firstly, Dharappa’s case has laid down the correct principle of law on facts involved therein and secondly, what needs to be examined is whether its ratio applies to the facts of this case and, if so, how and to what extent.

35. In our opinion also, it may not be necessary to examine the issue involved in this case in the light of any other decision except confining its examination to the ratio laid down in Dharappa’s case because Dharappa’s case has discussed all earlier decisions of this Court on the subject in extenso.

36. So far as the view of majority (3) Judges, one concurring with two, is concerned, though they discussed several issues in detail in their concurring opinion but in substance, in our view, their findings on material issues are as under:

37. First, the language of Section 69 of the KCS Act as it originally stood is materially different from the language used in its counter part Sections of 22 two earlier repealed Kerala Co-operative Societies Acts of 1932 and 1951. This departure made in the language employed in Section 69 of the KCS Act qua language of earlier two repealed Acts is significant and has a material bearing while answering the questions. (Para 17/18)

38. Second, since the KCS Act, 1969 has received the Assent of the President on 11.04.1969, it was not necessary for the State to have obtained another Assent of the President for enacting Amending Act (1/2000) by which some provisions of the KCS Act, 1969 were amended w.e.f. 02.01.2003.

39. In other words, once the KCS Act of 1969 has received the Assent of the President, it is not necessary for the State to obtain another Assent of the President for passing the Amendment Act 1/2000. It is more so when it has received the Assent of the Governor (Para 45).

40. Third, on interpreting the relevant provisions of the KCS Act, whether independently or/and in 23 juxtaposition, it is clear that the KCS Act, 1969 as originally stood and as amended by Act (1/2000) overrides any other law for the time being in force including the ID Act, 1947 insofar as it deals with the service disputes arising between the Co-operative Society’s Employee and his/her Employer.

41. In other words, the KCS Act, 1969 has an overriding effect on the ID Act 1947 since its inception insofar as it deals with the service disputes arising between a Co-operative Society’s Employee and his/her Employer and thus excludes the applicability of the ID Act.

42. Any service dispute arising between a Co-operative Society’s Employee and his/her Employer (Co-operative Society) is, therefore, triable only by the authorities and the forum specified under the KCS Act 1969, whether prior to or after the amendments made by the Amendment Act No.1 24 of 2000 and not by any authority/Court/Tribunal under any law for the time being in force.

43. A fortiori, the jurisdiction of the Labour Court and Industrial Tribunal under the ID Act is, excluded and barred to decide any such service dispute.

44. Fourth, the language of Section 69 of the KCS Act, 1969 as it originally stood including the amended one and that of Section 70 of the Karnataka CS Act which fell for interpretation in Dharappa’s case is not in pari meteria with each other and not being identical, the ratio of Dharappa’s case may not apply to that extent while interpreting Section 69 of the KCS Act.

45. Fifth, the Amendment Act (1 of 2000), which amended Section 69(2)(d) of the KCS Act, is only by way of an abundant caution and it has no effect on Section 69 of the KCS Act.

46. So far as the view of minority Judges (2) is concerned, in substance, it held:

47. First, the question involved in the case is squarely covered by the ratio laid down in Dharappa’s case.

48. Second, Section 69 of the KCS Act and Section 70 as it originally stood and as amended by first Amendment Act (19 of 1976) of the Karnataka CS Act, are identically worded and, therefore, the ratio of Dharappa’s case would apply while interpreting Section 69 of the KCS Act.

49. Third, the Assent of the President was required for passing the Amendment Act No.1 of 2000 of the KCS Act.

50. Fourth, since no Assent of the President was obtained, the Amendment Act (1 of 2000) did not make any effect on the exclusion of the jurisdiction of the forum under the ID Act. That apart, Section 69 or Section 100 of the KCS Act also does not have a clause akin to Section 70 of the Karnataka CS Act as amended by Amendment Act (2 of 2000) providing therein a clause for express exclusion of 26 the jurisdiction of the Civil Court, the Labour Court and the Industrial Tribunal from deciding the service dispute.

51. Fifth, the jurisdiction of Section 69 under the KCS Act before and after the amendment of the KCS Act by Amendment Act (1 of 2000) remains intact.

52. Sixth, the jurisdiction of both the Acts, i.e., the KCS Act and the ID Act is concurrent.

53. A fortiori, any service dispute arising between a Co-operative Society’s Employee and his/her Employer (Co-operative Society) is triable under both the Acts and it is for the aggrieved person to select one forum of his/her choice out of the two to get his/her dispute settled subject to proving that he/she is a workman, the dispute is an industrial dispute and the Cooperative Society is an industry as defined in the ID Act.

54. Seventh, notwithstanding the amendment brought about in Section 69 of the KCS Act by Amendment Act (1 of 2000), the jurisdiction of the Labour Court under the ID Act is not excluded and thus not barred.

55. And lastly, in the light of these findings, all decided cases taking this view are held correctly decided and, therefore, do not need any reconsideration.

56. In our opinion, the fate of this appeal depends upon the question as to what extent the ratio of Dharappa’s case applies to the issues involved in the case at hand.

57. It is, therefore, necessary to first examine the facts and the ratio of Dharappa’s case.

58. Dharappa was a daily wager working in the Karnataka Milk Federation Unit Bijapur (hereinafter referred to as “the Federation”), which is a Co-operative Society registered under the Karnataka CS Act. The Federation on 01.03.1980 terminated Dharappa’s services.

59. Dharappa felt aggrieved of his termination, filed an application to the Labour Court, Hubli under the ID Act. The application was later transferred to the Labour Court, Bijapur. According to Dharappa, his termination order was bad and illegal inasmuch as the Federation failed to ensure compliance of mandatory requirements of Section 25-F of the ID Act prior to passing his termination order. According to Dharappa, he had continuously worked for more than 240 days in one calendar year, hence he was entitled to enjoy the protection available to a workman under the ID Act before terminating his services.

60. The respondent-Federation denied Dharappa’s claim. Parties adduced their evidence. The Labour Court, by award dated 15.10.1996, allowed Dharappa’s application and set aside the termination order. The Labour Court held that the termination order was bad because Dharappa had worked for more than 240 days continuously in one calendar year and yet the Federation prior to his termination did not pay him any retrenchment compensation as provided in the ID Act. The Labour Court, however, awarded 50% back wages to Dharappa because it was noticed that he approached the Labour Court almost after 10 years from the date of his termination.

61. The Federation, felt aggrieved of the award of the Labour Court, filed a writ petition in the Karnataka High Court questioning therein the legality and correctness of the award. During the pendency of the writ petition, the Division Bench of the same High Court in another case (Veerashaiva Co-op. Bank Ltd. vs. Presiding Officer, Labour Court, (2001) 3 Kar.LJ 519) held that since the remedy and the procedure prescribed under the Karnataka CS Act was comprehensive, the service disputes arising between a Co-operative Society’s Employee and his Employer (Co-operative Society) has to be tried under the Karnataka CS Act and the jurisdiction of the Labour Court under the ID Act to decide such disputes is barred.

62. The Full Bench of the same High Court in another case in Karnataka Sugar Workers Federation vs. State of Karnataka, (AIR 2003 Kar HCR 1802) later approved this view of the Division Bench.

63. Relying upon the aforesaid view of the Division Bench and the Full Bench, the learned Single Judge allowed the Federation’s writ petition and quashed the award of the Labour Court. It was held that the provisions of the ID Act are not applicable to a service dispute raised by an Employee of a Co-operative Society against his Employer. A liberty was granted to Dharappa to take recourse to the appropriate remedy under the Karnataka CS Act to challenge his termination order.

64. Dharappa felt aggrieved and filed a writ appeal before the Division Bench. The Appellate Court placing reliance on the view of the Full Bench in Karnataka Sugar Workers Federation’s case (supra) dismissed the appeal. It was inter alia held 31 that the appropriate remedy of Dharappa lies in invoking Section 70 of the Karnataka CS Act by filing a dispute before the specified authority for its adjudication. It is against this decision, Dharappa felt aggrieved and filed appeal by special leave in this Court.

65. Before this Court, Dharappa raised two points, out of which we are concerned only with one point, viz., whether jurisdiction of the Labour Court under the ID Act for deciding the service dispute arising between a Co-operative Society’s Employee and his Employer is barred by virtue of Section 70 of the Karnataka CS Act and, if so, from which date.

66. It is this question, which was examined by this Court extensively in the light of the relevant provisions including Section 70 of the Karnataka CS Act as it stood originally and later amended twice coupled with a question as to what is the effect of the grant of the Assent of the President given to the second amendment of Section 70 made in the Karnataka CS Act by Amendment Act (2/2000) and the previous case law on the subject.

67. It was noticed that the Karnataka CS Act was enacted by the State of Karnataka after obtaining the Assent of the President on 11.08.1959. Section 70 of the Act as it originally stood deals with the disputes arising between the parties named therein and provides a forum for the adjudication of such disputes, which also includes service disputes.

68. Section 70 was first amended by the State of Karnataka by the Amendment Act (19/1976). It received the Assent of the Governor on 07.03.1976. The Amending Act came into force on 21.01.1976. By this Amending Act, two clauses, namely, clauses (d) and (e) were added to Section 70.

69. Section 70 was then amended second time by the State in 1997 by Amendment Act (2 of 2000). This Amending Act, however, received the Assent of the President on 18.03.2000 and was thereafter brought in force with effect from 20.06.2000. This 33 Amending Act specifically provided therein for the first time “no Civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute specified in Section 70”.

70. The learned Judge Raveendran, J. speaking for the two Judge Bench succinctly dealt with the issue in question in Paras 13, 14, 16 and 17 and held as under:

“13. The effect of the amendments to Section 70 of the KCS Act, by Act 2 of 2000 is that if any dispute (including any dispute relating to the terms of employment, working conditions and disciplinary action), arose between a cooperative society and its employees or past employees or heirs/legal representatives of a deceased employee, on and from 20-6-2000, such dispute had to be referred to the Registrar for decision and no civil court or Labour Court or Industrial Tribunal would have jurisdiction to entertain any suit or proceeding in respect of such dispute.

14. Even prior to 20-6-2000, having regard to the amendment to Section 70 of the KCS Act by Act 19 of 1976 with effect from 20-1-1976, any dispute between a cooperative society and its employees or past employees or heirs/legal representatives of a deceased employee including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a cooperative society, was deemed to be a dispute touching the constitution, management, or business of a cooperative society which had to be referred to the Registrar for adjudication. But prior to 20-6-2000, there was no express exclusion of the jurisdiction of the Labour Court and Industrial Tribunal.

As a result, if an employee of a cooperative society answered the definition of “workman” and the dispute between the cooperative society and its employee fell within the definition of an “industrial dispute”, then the employee had the choice of two alternative forums – either to raise a dispute before the Registrar under Section 70 of the KCS Act or seek a reference to the Labour Court/Industrial Tribunal under Section 10(1)(c) of the ID Act [or approach the Labour Court by an application under Section 10(4-A) of the ID Act].

16. Though the Karnataka Cooperative Societies Act, 1959 was reserved for the assent of the President and received his assent on 11-8-1959, the Amendment Act 19 of 1976 which added Clause (d) to sub-section (2) of Section 70 (whereby a dispute between a cooperative society and its present or past employee(s) in regard to any disciplinary action or working conditions was deemed to be a dispute touching the constitution, management, or the business of a cooperative society), was neither reserved for, nor received the assent of the President. In the absence of the assent of the President, Clause (d) of Section 70(2) could not be called in aid to contend that Section 70(1)(c) of the KCS Act would prevail over the provisions of the Industrial Disputes Act.

Consequently, even after the 1976 Amendment to the KCS Act, the Labour Courts and Industrial Tribunals functioning under the ID Act continued to have jurisdiction in regard to disputes between a society and its workmen if the cooperative society answered the definition of an “industry” and the dispute was an “industrial dispute”. But when sub-section (1) of Section 70 of the KCS Act was further amended by Act 2 of 2000 by specifically excluding the jurisdiction of Labour Courts and Industrial Tribunals with the simultaneous addition of the words “notwithstanding anything contrary contained in the Industrial Disputes Act, 1947” in Clause (d) of Section 70(2) of the KCS Act, the said Amendment Act (Act 2 of 2000) was reserved for the assent of the President and received such assent on 18-3-2000.

The amended provisions were given effect from 20-6-2000. Therefore, only with effect from 20-6-2000, was the jurisdiction of Labour Courts and Industrial Tribunals excluded in regard to disputes between a cooperative society and its employees (or past employees) relating to terms of employment, service conditions or disciplinary action. It follows therefore that in the year 1996, the Labour Court had the jurisdiction to make an award in regard to such a dispute. The High Court could not have interfered with it on the ground that Section 70 of the KCS Act was a bar to the jurisdiction of the Labour Court to decide the dispute.

17. The 1976 Amendment to the KCS Act did not bring about any inconsistency with the provisions of the ID Act nor did it purport to prevail over the provisions of the ID Act. Its effect was merely to provide an additional or alternative forum for adjudication of the disputes between cooperative societies and its employees, relating to employment, working conditions and disciplinary action. The 1976 Amendment Act, therefore, was valid, even in the absence of the assent of 36 the President.

On the other hand, the 2000 Amendment specifically excluded the jurisdiction of Industrial Tribunals and Labour Courts under the ID Act, and intended to prevail over the provisions of the ID Act in regard to adjudication of disputes. The said Amendment required the assent of the President and was, in fact, reserved for the assent of the President and obtained his assent. If the 1976 Amendment was to be read as excluding the jurisdiction of the Industrial Tribunals and Labour Courts, then it was necessary to read the provisions of Section 70, as amended by the 1976 Act, as prevailing over the provisions of the ID Act.

In which event, it would have required the President’s assent, and in the absence of such assent, the amendment to the extent it purported to prevail over the Central enactment, would have been void. Therefore, the only way to read the 1976 Amendment is to read it in a literal and normal manner, that is, as not excluding the jurisdiction of the Industrial Tribunals and Labour Courts but as merely conferring a concurrent jurisdiction on the Registrar under Section 70 of the KCS Act.”

71. The learned Judge then in concluding Paras 24 and 25 held as under :

“24. The resultant position can be summarised thus:

(a) Even though Clause (d) was added in Section 70(2) with effect from 20-1-1976, Section 70(1) did not exclude or take away the jurisdiction of the Labour Courts and Industrial Tribunals under the ID Act to decide an industrial dispute between the society and its employees. Consequently, even after insertion of Clause (d) in Section 70(2) with effect from 20-1-1976, the Labour Courts and Industrial Tribunals under the ID Act, continued to have jurisdiction to decide disputes between societies and their employees.

(b) The jurisdiction of Labour Courts and Industrial Tribunals to decide the disputes between cooperative societies and their employees was taken away only when sub-section (1) and sub-section (2)(d) of Section 70 were amended by Act 2 of 2000 and the amendment received the assent of the President on 18-3-2000 and was brought into effect on 20-6-2000.

(c) The jurisdiction to decide any dispute of the nature mentioned in Section 70(2) (d) of the KCS Act, if it answered the definition of industrial dispute, vested thus:

(i) exclusively with Labour Courts and Industrial Tribunals till 20-1-1976;

(ii) concurrently with Labour Courts/Industrial Tribunals under the ID Act and with Registrar under Section 70 of the KCS Act between 20-1-1976 and 20-6-2000; and

(iii) exclusively with the Registrar under Section 70 of the KCS Act with effect from 20-6-2000.

25. We therefore hold that the award of the Labour Court was not without jurisdiction. We, however, make it clear that this decision shall not be applied to reopen matters decided relying on Veerashaiva Coop. Bank1 and Karnataka Sugar Workers Federation2 which have attained finality.”

72. In our considered opinion, the ratio of Dharappa’s case is that firstly, Section 70 of the Karnataka CS Act as it originally stood and amended by first Amendment Act 19 of 1976 adding therein two clauses (d) and (e) to Section 70, whether one reads it independently or/and in juxtaposition with other Sections would find that it did not provide for express ouster or exclusion of the jurisdiction of the Labour Court/Industrial Tribunal under the ID Act.

73. In other words, it did not create any express bar for the Labour Court/Industrial Tribunal from deciding the service disputes arising between a Cooperative Society’s Employee and his/her Employer (Co-operative Society).

74. Second, any Co-operative Society’s Employee satisfying the definition of the expression “Workman”, “Industrial Dispute” and the Co-operative Society to be an “Industry” as defined under the ID Act has the choice to select one forum 39 out of the two forums for filing a case in relation to his service dispute, i.e., either to file a case under the Karnataka CS Act or to seek an industrial reference under Section 10 of the ID Act or to file an application under Section 10(4-A) of the ID Act.(Para 14).

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