Indian Constitution and Governance

Law Library

INDIAN CONSTITUTION

“If the Indian Constitution is our heritage bequeathed to us by our founding fathers, no less are we, the people of India, the trustees and custodians of the values which pulsate within its provisions! A constitution is not a parchment of paper, it is a way of life and has to be lived up to. Eternal vigilance is the price of liberty and in the final analysis, its only keepers are the people. Imbecility of men, history teaches us, always invites the impudence of power. ”[ Extract from Justice H.R. Khanna, Making of India’s Constitution]

In Jagdish Saran and Ors. v. Union of India (1980) 2 SCR 831 , it is stated:

“Law, constitutional law, is not an omnipotent abstraction or distant idealization but a principled, yet pragmatic, value-laden and result-oriented, set of propositions applicable  and conditioned by a concrete stage of social development of the nation and aspirational imperatives of the people.

 

PREAMBLE

Part I – The Union and its Territory

Part II – Citizenship

Part III - Fundamental Rights
Part IV - Directive Principles of State Policy
Part IVA - Fundamental Duties

Part V – The Union

Part VI – The States

Part VII – The states in part B of the First Schedule

Part VIII – The Union Territories

Part IX – The Panchayats

Part IXA – The Municipalities

Part IXB – The Cooperative Societies

Part X – The Scheduled and Tribal Areas

Part XI – Relations between the Union and the States

Part XII – Finance, Property, Contracts and Suits

Part XIII – Trade, Commerce and Intercourse within the territory of India

Part XIV – Services under the Union and the States

Part XIVA - Tribunals

Part XV – Elections

Part XVI – Special Provisions Relating to Certain Classes

Part XVII – Official Language

Part XVIII – Emergency Provisions

Part XIX – Miscellaneous

Part XX – Amendment of the Constitution

Part XXI – Temporary, Transitional and Special Provisions

Part XXII – Short Title, Commencement, Authoritative Text in Hindi and

FIRST SCHEDULE -SECOND SCHEDULE-THIRD SCHEDULE-FORTH SCHEDULE-FIFTH SCHEDULE-SIXTH SCHEDULE-SEVENTH SCHEDULE-EIGHTH SCHEDULE-NINTH SCHEDULE-TENTH SCHEDULE-ELEVENTH SCHEDULE-TWELFTH SCHEDULE

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BULLET 2CONSTITUTION ASSEMBLY DEBATE

BULLET 2Constitutional Law in India

BULLET 2Constitutional Remedies 

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A बृहद भाष्यम A

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
ARTICLES
1. Name and territory of the Union.
2. Admission or establishment of new States.
2A. [Repealed.]
3. Formation of new States and alteration of areas, boundaries or names of existing States.
4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental,
incidental and consequential matters.


PART II
CITIZENSHIP
5. Citizenship at the commencement of the Constitution.
6. Rights of citizenship of certain persons who have migrated to India from Pakistan.
7. Rights of citizenship of certain migrants to Pakistan.
8. Rights of citizenship of certain persons of Indian origin residing outside India.
9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
10. Continuance of the rights of citizenship.
11. Parliament to regulate the right of citizenship by law.


PART III
FUNDAMENTAL RIGHTS

In ‘Human Rights and Indian Values’ Justice M. Rama Jois noticed the Ancient Indian Texts in the following words:

SAMANI PRAPA SAHA VONNBHAGA

SAMANE YOKTRAY SAHA WO YUNISM

ARAH NABHIMIV ABHITE:

“All have equal rights in articles of food and water. The yoke of the chariot of life is placed equally on the shoulder of all. All should live gether with armony supporting one another like the spokes of a wheel of the chariot connecting its rim and the hub. (Atharvanaveda-Samjnana Sukta)”.

Thus, the right equality of all human beings has been declared in the Vedas, which are regarded as inviolable. In order emphasize the dignity of the individual, it was said that all are brothers as all are the children of God. No one is inferior or superior. Similarly the Atharvanaveda stressed that all have equal right over natural resources and all were equally important like spokes in a wheel. Both the Rigveda and Atharvanaveda declared that co-operation between individuals in necessary for happiness and progress. It is also of utmost importance note that right equality and made a part of “Dharma” long before the State came be established.

It is equally interesting   refer the contents of Articles 1 and 7 of the Universal Declaration of Human Rights (1948), which read:

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act wards one another in a spirit of brotherhood.”

“All are equal before law and are entitled without any discrimination equal protection of the law. All are entitled equal protection against any discrimination in violation of this Declaration and against any incitement such discrimination”.

This declaration is similar   the declaration of equality made in the Rigveda.

After the establishment of the State, the obligation protect the right equality was cast on the Rulers. It was made a part of the Rules of Raja Dharma, the Constitution Law.

YATHA SWARIN BHUTANI DHARA DHARYATE SAMAM

TATHA SWARIN BHUTANI BIBHARTE PARTHIVM VARTAM

“Just as the mother earth gives equal support all the living beings, a kind should give support all without any discrimination” (Many IX 31).

This also meant that the kings were required afford equal treatment all the citizens in the same manner in which a mother treats all her children.”

  • The term ‘life’ used in Article 21 of the Constitution of India has a wide and far reaching concept. It includes livelihood and so many other facets thereof. “Life”, as observed by Field, J. in Munn v. Illinois (1877) 94 US 113 means something more than mere animal existence and the inhibition against the deprivation of life extends all those limits and faculties by which life is enjoyed. (See Board of Trustees of the Port of Bombay v. Dilipkumar Raghavendranath Nadkarni and Ors. –   (1983) I LLJ 1SC and Olga Tellis and Others v. Bombay Municipal Corporation and Ors. – AIR 1986 SC 180 ).

In Nadkarni’s case (supra), this Court was dealing with the right of workman.

Expansion of the right life and personal liberty under Article 21 of the Constitution has been made by implicating:

(i) Right travel – Maneka Gandhi v. Union of India (1978) 2 SCR 621 ; Satwant Singh v. A.P.O., New Delhi (1967) 3 SCR 525 .

(ii) Right privacy – Kharak Singh v. State of U.P., 1963 CriLJ 329 ; Sharda v. Dharampal (2003) 3 SCR 106 .

(iii) Right speedy trial – Common Cause, a Registered Society v. Union of India 1997 CriLJ 195 .

(iv) Right   prisoners interview – Prabha Dutt v. Union of India, 1982 CriLJ 148 .

(v) Right a fair trial – Police Commissioner, Delhi v. Registrar, Delhi High Court 1997 CriLJ 90 .

(vi) Right against rture and cusdial violence – D.K. Basu v. State of West Bengal 1997 CriLJ 743 .

(vii) Right free legal aid – State of Maharashtra v. M.P. Vashi   AIR 1996 SC 1 .

(viii) Right primary education – Unnikrishnan v. State of A.P.   (1993) 1 SCR 594 ; T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481a .

(ix) Right health and medical care – CERC v. Union of India   (1995) II LLJ 768SC ; State of Punjab v. M.S. Chawla (AIR (1997) SCC 125)

(x) Right pollution-free environment – M.C. Mehta v. Union of India   (1986) 1 SCR 312 .

(xi) Right Safe drinking water – APPCB v. M.V. Naidu AIR 1999 SC 822

(xii) Sexual harassment of working women – Visakha v. State of Rajasthan AIR 1997 SC 3011 ; AEPC v. A.K. Chopra (1999) I LLJ 962SC .

(xiii) Right a quality life (SIC) Lal Tiwari v. Kamala Devi and Ors.   AIR 2001 SC 3215 .

(xiv) Right Family Pension – S.K. Mastan Bee v. General Manager South Central Railway (2003) I LLJ 561SC .

  • It is also well-settled that interpretation of the Constitution of India or statutes would change from time time. Being a living organ, it is ongoing and with the passage of time, law must change. New rights may have be found out within the constitutional scheme. Horizons of constitutional law are expanding. The necessity take recourse such interpretative changes has recently found favour with a Division Bench of this Court in The State of Maharashtra v. Dr. Praful B. Desai 2003 CriLJ 2033 :

“13. One needs set out the approach which a court must adopt in deciding such questions. It must be remembered that the first duty of the court is   do justice. As has been held by this Court in the case of Sri Krishna Gobe v. State of Maharashtra 1973 CriLJ 235 courts must endeavour find the truth. It has been held that there would be failure of justice not only by an unjust conviction but also by acquittal of the guilty for unjustified failure produce available evidence. Of course the rights of the accused have be kept in mind and safeguarded, but they should not be over emphasized the extent of forgetting that the victims also have rights.


General
12. Definition.
13. Laws inconsistent with or in derogation of the fundamental rights.
Right to Equality
14. Equality before law.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
16. Equality of opportunity in matters of public employment.
17. Abolition of Untouchability.
18. Abolition of titles.
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences.
21. Protection of life and personal liberty.
21A. Right to education.
22. Protection against arrest and detention in certain cases.
Right against Exploitation
23. Prohibition of traffic in human beings and forced labour.
24. Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation of religion.
26. Freedom to manage religious affairs.
27. Freedom as to payment of taxes for promotion of any particular religion.
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational Rights
29. Protection of interests of minorities.
30. Right of minorities to establish and administer educational institutions.
31. [Repealed.]
Saving of Certain Laws
31A. Saving of Laws providing for acquisition of estates, etc.
31B. Validation of certain Acts and Regulations.
31C. Saving of laws giving effect to certain directive principles.
31D. [Repealed.]
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part.
32A. [Repealed.]
33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
34. Restriction on rights conferred by this Part while martial law is in force in any area.
35. Legislation to give effect to the provisions of this Part.


PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
  1. Definition.
  2. Application of the principles contained in this Part.
  3. State to secure a social order for the promotion of welfare of the people.
  4. Certain principles of policy to be followed by the State.
    39A. Equal justice and free legal aid.
  5. Organisation of village panchayats.
  6. Right to work, to education and to public assistance in certain cases.
  7. Provision for just and humane conditions of work and maternity relief.
  8. Living wage, etc., for workers.
    43A. Participation of workers in management of industries.
  9. Uniform civil code for the citizens.
  10. Provision for early childhood care and education to children below the age of six years.
  11. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
  12. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
  13. Organisation of agriculture and animal husbandry.
    48A. Protection and improvement of environment and safeguarding of forests and wild life.
  14. Protection of monuments and places and objects of national importance.
  15. Separation of judiciary from executive.
  16. Promotion of international peace and security.

 


PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties.

The States of India are welfare States. They having regard the constitutional provisions adumbrated in the Constitution of India and in particular Part IV thereof laying down the Directive Principles of the State Policy and part IVA laying down the Fundamental Duties are bound preserve the practice maintain the human dignity.

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PART V
THE UNION
CHAPTER I.THE EXECUTIVE
The President and Vice-President

  1. The President of India.
  2. Executive power of the Union.
  3. Election of President.
  4. Manner of election of President.
  5. Term of office of President.
  6. Eligibility for re-election.
  7. Qualifications for election as President.
  8. Conditions of President’s office.
  9. Oath or affirmation by the President.
  10. Procedure for impeachment of the President.
  11. Time of holding election to fill vacancy in the office of President and the term of office of person
    elected to fill casual vacancy.
  12. The Vice-President of India.
  13. The Vice-President to be ex officio Chairman of the Council of States.
  14. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
  15. Election of Vice-President.
  16. Term of office of Vice-President.
  17. 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.
  18. Oath or affirmation by the Vice-President.
  19. Discharge of President’s functions in other contingencies.
  20. Matters relating to, or connected with, the election of a President or Vice-President.
  21. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
  22. Extent of executive power of the Union.
    Council of Ministers
  23. Council of Ministers to aid and advise President.
  24. Other provisions as to Ministers.
    The Attorney-General for India
  25. Attorney-General for India.
    Conduct of Government Business
  26. Conduct of business of the Government of India.
  27. Duties of Prime Minister as respects the furnishing of information to the President, etc.

CHAPTER II. PARLIAMENT
General
79. Constitution of Parliament.
80. Composition of the Council of States.
81. Composition of the House of the People.
82. Readjustment after each census.
83. Duration of Houses of Parliament.
84. Qualification for membership of Parliament.
85. Sessions of Parliament, prorogation and dissolution.
86. Right of President to address and send messages to Houses.
87. Special address by the President.
88. Rights of Ministers and Attorney-General as respects Houses.

Officers of Parliament

  1. The Chairman and Deputy Chairman of the Council of States.
  2. Vacation and resignation of, and removal from, the office of Deputy Chairman.
  3. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
  4. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
  5. The Speaker and Deputy Speaker of the House of the People .
  6. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
  7. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
  8. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
  9. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.
  10. Secretariat of Parliament.

Conduct of Business

  1. Oath or affirmation by members.
  2. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualifications of Members

  1. Vacation of seats.
  2. Disqualifications for membership.
  3. Decision on questions as to disqualifications of members.
  4. Penalty for sitting and voting before making oath or affirmation under article
    99 or when not qualified or when disqualified.
    Powers, Privileges and Immunities of Parliament and its Members
  5. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
  6. Salaries and allowances of members.
    Legislative Procedure
  7. Provisions as to introduction and passing of Bills.
  8. Joint sitting of both Houses in certain cases.
  9. Special procedure in respect of Money Bills.
  10. Definition of “Money Bills”.
  11. Assent to Bills.

Procedure in Financial Matters

  1. Annual financial statement.
  2. Procedure in Parliament with respect to estimates.
  3. Appropriation Bills.
  4. Supplementary, additional or excess grants.
  5. Votes on account, votes of credit and exceptional grants.
  6. Special provisions as to financial Bills.

Procedure Generally

  1. Rules of procedure.
  2. Regulation by law of procedure in Parliament in relation to financial business.
  3. Language to be used in Parliament.
  4. Restriction on discussion in Parliament.
  5. Courts not to inquire into proceedings of Parliament.

CHAPTER III. LEGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of Parliament.


CHAPTER IV. THE UNION JUDICIARY
  1. Establishment and constitution of Supreme Court.
  2. Salaries, etc., of Judges.
  3. Appointment of acting Chief Justice.
  4. Appointment of ad hoc judges.
  5. Attendance of retired Judges at sittings of the Supreme Court.
  6. Supreme Court to be a court of record.
  7. Seat of Supreme Court.
  8. Original jurisdiction of the Supreme Court.
    131A. [Repealed.]
  9. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain  cases.
  10. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters.
  11. Appellate jurisdiction of Supreme Court in regard to criminal matters.
    134A. Certificate for appeal to the Supreme Court.
  12. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.
  13. Special leave to appeal by the Supreme Court.
  14. Review of judgments or orders by the Supreme Court.
  15. Enlargement of the jurisdiction of the Supreme Court.
  16. Conferment on the Supreme Court of powers to issue certain writs.
    139A. Transfer of certain cases.
  17. Ancillary powers of Supreme Court.
  18. Law declared by Supreme Court to be binding on all courts.
  19. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
  20. Power of President to consult Supreme Court.
  21. Civil and judicial authorities to act in aid of the Supreme Court.
    144A. [Repealed.]
  22. Rules of Court, etc.
  23. Officers and servants and the expenses of the Supreme Court.
  24. Interpretation.

CHAPTER V. COMPTROLLER AND AUDITOR-GENERAL OF INDIA
148. Comptroller and Auditor-General of India.
149. Duties and powers of the Comptroller and Auditor-General.
150. Form of accounts of the Union and of the States.
151. Audit reports.


PART VI
THE STATES
CHAPTER I. GENERAL
152. Definition.
CHAPTER II. THE EXECUTIVE
The Governor
153. Governors of States.
154. Executive power of State.
155. Appointment of Governor.
156. Term of office of Governor.
157. Qualifications for appointment as Governor.
158. Conditions of Governor’s office
159. Oath or affirmation by the Governor.
160. Discharge of the functions of the Governor in certain contingencies.
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
162. Extent of executive power of State.
Council of Ministers
163. Council of Ministers to aid and advise Governor.
164. Other provisions as to Ministers.
The Advocate-General for the State
165. Advocate-General for the State.
Conduct of Government Business
166. Conduct of business of the Government of a State.
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.


CHAPTER III.THE STATE LEGISLATURE
General
168. Constitution of Legislatures in States.
169. Abolition or creation of Legislative Councils in States.
170. Composition of the Legislative Assemblies.
171. Composition of the Legislative Councils.
172. Duration of State Legislatures.
173. Qualification for membership of the State Legislature.
174. Sessions of the State Legislature, prorogation and dissolution.
175. Right of Governor to address and send messages to the House or Houses.
176. Special address by the Governor.
177. Rights of Ministers and Advocate-General as respects the Houses.

Officers of the State Legislature

  1. The Speaker and Deputy Speaker of the Legislative Assembly.
  2. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
  3. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
  4. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
  5. The Chairman and Deputy Chairman of the Legislative Council.
  6. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
  7. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
  8. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
  9. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
  10. Secretariat of State Legislature.
    Conduct of Business
  11. Oath or affirmation by members.
  12. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
    Disqualifications of Members
  13. Vacation of seats.
  14. Disqualifications for membership.
  15. Decision on questions as to disqualifications of members.
  16. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.
    Powers, privileges and immunities of State Legislatures and their Members
  17. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
  18. Salaries and allowances of members.
    Legislative Procedure
  19. Provisions as to introduction and passing of Bills.
  20. Restriction on powers of Legislative Council as to Bills other than Money Bills.
  21. Special procedure in respect of Money Bills.
  22. Definition of “Money Bills”.
  23. Assent to Bills.
  24. Bills reserved for consideration.

Procedure in Financial Matters

  1. Annual financial statement.
  2. Procedure in Legislature with respect to estimates.
  3. Appropriation Bills.
  4. Supplementary, additional or excess grants.
  5. Votes on account, votes of credit and exceptional grants.
  6. Special provisions as to financial Bills.
    Procedure Generally
  7. Rules of procedure.
  8. Regulation by law of procedure in the Legislature of the State in relation to financial business.
  9. Language to be used in the Legislature.
  10. Restriction on discussion in the Legislature.
  11. Courts not to inquire into proceedings of the Legislature.

CHAPTER IV.- LEGISLATIVE POWER OF THE GOVERNOR
213. Power of Governor to promulgate Ordinances during recess of Legislature.

CHAPTER V.-THE HIGH COURTS IN THE STATES
  1. High Courts for States.
  2. High Courts to be courts of record.
  3. Constitution of High Courts.
  4. Appointment and conditions of the office of a Judge of a High Court.
  5. Application of certain provisions relating to Supreme Court to High Courts.
  6. Oath or affirmation by Judges of High Courts.
  7. Restriction on practice after being a permanent Judge.
  8. Salaries, etc., of Judges.
  9. Transfer of a Judge from one High Court to another.
  10. Appointment of acting Chief Justice.
  11. A ppointment of additional and acting Judges.
    224A. Appointment of retired Judges at sittings of High Courts.
  12. Jurisdiction of existing High Courts.
  13. Power of High Courts to issue certain writs.
    226A. [Repealed..]
  14. Power of superintendence over all courts by the High Court.
  15. Transfer of certain cases to High Court.
    228A. [Repealed.]
  16. Officers and servants and the expenses of High Courts.
  17. Extension of jurisdiction of High Courts to Union territories.
  18. Establishment of a common High Court for two or more States.
CHAPTER VI SUBORDINATE COURTS
  1. Appointment of district judges.
    233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges.
  2. Recruitment of persons other than district judges to the judicial service.
  3. Control over subordinate courts.
  4. Interpretation.
  5. Application of the provisions of this Chapter to certain class or classes of magistrates.

PART VII
THE STATES IN PART B OF THE FIRST SCHEDULE
238. [Repealed.]
PART VIII
THE UNION TERRITORIES
239. Administration of Union territories.
239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.
239A. Special provisions with respect to Delhi.
239AA. Provision in case of failure of constitutional machinery.
239AB. Power of administrator to promulgate Ordinances during recess of Legislature.
240. Power of President to make regulations for certain Union territories.
241. High Courts for Union territories.
242 . [Repealed.]


PART IX
THE PANCHAYATS
243. Definitions.
243A. Gram Sabha.
243B. Constitution of Panchayats.
243C. Composition of Panchayats.
243D. Reservation of seats.
243E. Duration of Panchayats, etc.
243F. Disqualifications for membership.
243G. Powers, authority and responsibilities of Panchayats.
243H. Powers to impose taxes by, and Funds of, the Panchayats.
243-I. Constitution of Finance Commission to review financial position.
243J. Audit of accounts of Pachayats.
243K. Elections to the Panchayats.
243L. Application to Union territories.
243M. Part not to apply to certain areas.
243N. Continuance of existing laws and Panchayats.
243-O . Bar to interference by courts in electoral matters.


PART IXA
THE MUNICPALITIES
243P. Definitions.
243Q. Constitution of Municipalities.
243R. Composition of Municipalities.
243S. Constitution and composition of Wards Committees, etc.
243T. Reservation of seats.
243U. Duration of Municipalities, etc.
243V. Disqualifications for membership.
243W. Powers, authority and responsibilities of Municipalities, etc.
243X. Power to impose taxes by, and Funds of, the Municipalities.
243Y. Finance Commission.
243Z. Audit of accounts of Municipalities.
243ZA. Elections to the Municipalities.
243ZB. Application to Union territories.
243ZC. Part not to apply to certain areas.
243ZD. Committee for district planning.
243ZE. Committee for Metropolitan planning.
243ZF. Continuance of existing laws and Municipalities.
243ZG. Bar to interference by Courts in electoral matters.
PART X


THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and Tribal Areas.
244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.


PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I.LEGISLATIVE RELATIONS
Distribution of Legislative Powers

  1. Extent of laws made by Parliament and by the Legislatures of States.
  2. Subject-matter of laws made by Parliament and by the Legislatures of States.
  3. Power of Parliament to provide for the establishment of certain additional courts.
  4. Residuary powers of legislation.
  5. Power of Parliament to legislate with respect to a matter in the State List in the national interest.
  6. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
  7. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.
  8. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
  9. Legislation for giving effect to international agreements.
  10. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.

  11. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

CHAPTER II. ADMINISTRATIVE RELATIONS
General
256. Obligation of States and the Union.
257. Control of the Union over States in certain cases.
257A. [Repealed.]
258. Power of the Union to confer powers, etc., on States in certain cases.
258A. Power of the States to entrust functions to the Union.
259. [Repealed.]
260. Jurisdiction of the Union in relation to territories outside India.
261. Public acts, records and judicial proceedings.
Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.
Co-ordination between States
263. Provisions with respect to an inter-State Council.


PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I. FINANCE
General
264. Interpretation.
265. Taxes not to be imposed save by authority of law.
266. Consolidated Funds and public accounts of India and of the States.
267. Contingency Fund.
Distribution of Revenues between the Union and the States
268. Duties levied by the Union but collected and appropriated by the State.
268A. Service tax levied by Union and collected by the Union and the States.
269. Taxes levied and collected by the Union but assigned to the States.
270. Taxes levied and distributed between the Union and the States.
271. Surcharge on certain duties and taxes for purposes of the Union.
272. [Repealed.]
273. Grants in lieu of export duty on jute and jute products.
274. Prior recommendation of President required to Bills affecting taxation in which States are interested.
275. Grants from the Union to certain States.
276. Taxes on professions, trades, callings and employments.
277. Savings.
278. [Repealed.]
279. Calculation of “net proceeds”, etc.
280. Finance Commission.
281. Recommendations of the Finance Commission.
Miscellaneous financial provisions
282. Expenditure defrayable by the Union or a State out of its revenues.
283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.
284. Custody of suitors’ deposits and other moneys received by public servants and courts.
285. Exemption of property of the Union from State taxation.
286. Restrictions as to imposition of tax on the sale or purchase of goods.
287. Exemption from taxes on electricity.
288. Exemption from taxation by States in respect of water or electricity in certain cases.
289. Exemption of property and income of a State from Union taxation.
290. Adjustment in respect of certain expenses and pensions.
290A. Annual payment to certain Devaswom Funds.
291. [Repealed.]


CHAPTER II.  BORROWING
292. Borrowing by the Government of India.
293. Borrowing by States.


CHAPTER III PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

  1. Succession to property, assets, rights, liabilities and obligations in certain cases.
  2. Succession to property, assets, rights, liabilities and obligations in other cases.
  3. Property accruing by escheat or laps or as bona vacantia.
  4. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.
  5. Power to carry on trade, etc.
  6. Contracts.
  7. Suits and proceedings.

CHAPTER IV. RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of law.


PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN
THE TERRITORY OF INDIA
301. Freedom of trade, commerce and intercourse.
302. Power of Parliament to impose restrictions on trade, commerce and intercourse.
303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
304. Restrictions on trade, commerce and intercourse among States.
305. Saving of existing laws and laws providing for State monopolies.
306. [Repealed.]
307. Appointment of authority for carrying out the purposes of articles 301 to 304.


PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I.SERVICES
308. Interpretation.
309. Recruitment and conditions of service of persons serving the Union or a State.
310. Tenure of office of persons serving the Union or a State.
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.
312. All-India services.
312A. Power of Parliament to vary or revoke conditions of service of officers of certain services.
313. Transitional provisions.
314. [Repeated.]
CHAPTER II.—PUBLIC SERVICE COMMISSIONS
315. Public Service Commissions for the Union and for the States.
316. Appointment and term of office of members.
317. Removal and suspension of a member of a Public Service Commission.
318. Power to make regulations as to conditions of service of members and staff of the Commission.
319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
320. Functions of Public Service Commissions.
321. Power to extend functions of Public Service Commissions.
322. Expenses of Public Service Commissions.
323. Reports of Public Service Commissions.


PART XIVA
TRIBUNALS
323A. Administrative Tribunals.
323B. Tribunals for other matters.


PART XV
ELECTIONS
324. Superintendence, direction and control of elections to be vested in an Election Commission.
325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
327. Power of Parliament to make provision with respect to elections to Legislatures.
328. Power of Legislature of a State to make provision with respect to elections to such Legislature.
329. Bar to interference by courts in electoral matters.
329A. [Repealed.]


PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
331. Representation of the Anglo-Indian community in the House of the People.
332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States.
334. Reservation of seats and special representation to cease after seventy years.
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.
336. Special provision for Anglo-Indian community in certain services.
337. Special provision with respect to educational grants for the benefit of Anglo-Indian Community.
338. National Commission for Scheduled Castes.
338A. National Commission for Scheduled Tribes.
339. Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes.
340. Appointment of a Commission to investigate the conditions of backward classes.
341. Scheduled Castes.
342. Scheduled Tribes.


PART XVII
OFFICIAL LANGUAGE
CHAPTER I.—LANGUAGE OF THE UNION
343. Official language of the Union.
344. Commission and Committee of Parliament on official language.
CHAPTER II. REGIONAL LANGUAGES
345. Official language or languages of a State.
346. Official language for communication between one State and another or between a State and the Union.
347. Special provision relating to language spoken by a section of the population of a State.
CHAPTER III.LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
349. Special procedure for enactment of certain laws relating to language.
CHAPTER IV.-SPECIAL DIRECTIVES
350. Language to be used in representations for redress of grievances.
350A. Facilities for instruction in mother-tongue at primary stage.
350B. Special Officer for linguistic minorities.
351. Directive for development of the Hindi language.


PART XVIII
EMERGENCY PROVISIONS
352. Proclamation of Emergency.
353. Effect of Proclamation of Emergency.
354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
355. Duty of the Union to protect States against external aggression and internal disturbance.
356. Provisions in case of failure of constitutional machinery in States.
357. Exercise of legislative powers under Proclamation issued under article 356.
358. Suspension of provisions of article 19 during emergencies.
359. Suspension of the enforcement of the rights conferred by Part III during emergencies.
359A. [Repealed.]
360. Provisions as to financial emergency.


PART XIX
MISCELLANEOUS
361. Protection of President and Governors and Rajpramukhs.
361A. Protection of publication of proceedings of Parliament and State Legislatures.
361B. Disqualification for appointment on remunerative political post.
362. [Repealed.]
363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
364. Special provisions as to major ports and aerodromes.
365. Effect of failure to comply with, or to give effect to, directions given by the Union.
366. Definitions.
367. Interpretation.


PART XX
AMENDMENT OF THE CONSTITUTION
368. Power of Parliament to amend the Constitution and procedure therefor.


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.
370. Temporary provisions with respect to the State of Jammu and Kashmir.
371. Special provision with respect to the States of Maharashtra and Gujarat.
371A. Special provision with respect to the State of Nagaland.
371B . Special provision with respect to the State of Assam.
371C. Special provision with respect to the State of Manipur.
371D. Special provisions with respect to the State of Andhra Pradesh.
371E. Establishment of Central University in Andhra Pradesh.
371F. Special provisions with respect to the State of Sikkim.
371G. Special provision with respect to the State of Mizoram.
371H. Special provision with respect to the State of Arunachal Pradesh.
371-I. Special provision with respect to the State of Goa.
372. Continuance in force of existing laws and their adaptation.
372A. Power of the President to adapt laws.
373. Power of President to make order in respect of persons under preventive detention in certain cases.
374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.
375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
376. Provisions as to Judges of High Courts.
377. Provisions as to Comptroller and Auditor-General of India.
378. Provisions as to Public Service Commissions.
378A. Special provision as to duration of Andhra Pradesh Legislative Assembly.
379-391. [Repealed.]
392. Power of the President to remove difficulties.


PART XXII
SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS
393. Short title.
394. Commencement.
394A. Authoritative text in the Hindi language.
395. Repeals.
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SCHEDULES

FIRST SCHEDULE 

      I. —The States.

  1. —The Union territories.

SECOND SCHEDULE     

PART A— Provisions as to the President and the Governors of States.

PART B— [Repealed.]

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.

PART D—  Provisions as to the Judges of the Supreme Court and of the High Courts.

PART E—  Provisions as to the Comptroller and Auditor-General of India.

THIRD  SCHEDULE— Forms of Oaths or Affirmations.

FOURTH  SCHEDULE—Allocation of seats in the Council of States.

FIFTH SCHEDULE— Provisions as to the Administration and Control of Scheduled  Areas and Scheduled Tribes

PART A—General.

PART B—Administration and  Control of Scheduled Areas and Scheduled Tribes.

PART C— Scheduled Areas.

PART D—Amendment of the Schedule.

SIXTH SCHEDULE— Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.

SEVENTH SCHEDULE

List I — Union List.

List II— State List.

List III— Concurrent List.

EIGHTH SCHEDULE Languages.

NINTH SCHEDULE—Validation of certain Acts and Regulations.

TENTH SCHEDULE— Provisions as to disqualification on ground of defection.

ELEVENTH SCHEDULE— Powers, authority and responsibilities of Panchayats.

TWELFTH SCHEDULE— Powers, authority and responsibilities of Municipalities, etc.

BULLET 2Index   

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APPENDIX   IThe Constitution (Application to Jammu and Kashmir) Order, 1954.

APPENDIX II Re-statement, with reference to the present text of the Constitution, of the exceptions and modifications subject to which the Constitution applies to the State of Jammu and Kashmir.

APPENDIX  IIIExtracts from the Constitution (Forty-fourth Amendment) Act, 1978

APPENDIX  IV— The Constitution (Eighty-eighth Amendment) Act, 2003.

APPENDIX V- Constitutional orders

  1. Constitution (Distribution of Revenues) No. 10 Order, 2009
  2.  Constitution (Distribution of Revenues) No. 4 Order, 2009
  3.  Constitution (Distribution of Revenues) No. 6 Order, 2009
  4.  Constitution (Distribution of Revenues) No. 7 Order, 2009
  5.  Constitution (Distribution of Revenues) No. 8 Order, 2009
  6.  Constitution (Distribution of Revenues) No. 9 Order, 2009
  7.  Constitution (Scheduled Tribes) Order (Amendment) Act, 2013
  8.  Constitution of India, 1950
  9.  National Commission For The Scheduled Tribes (Specification Of Other Functions) Rules, 2005
  10.  Scheduled Areas (States of Chhattisgarh, Jharkhand and Madhya Pradesh) Order, 2003
  11.  The Constitution (Scheduled Castes) Order (Amendment) Act, 2016
  12.  Uttaranchal (Alteration of Name) Adaptation of Laws on Union Subjects Order, 2007

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Historic Documents

EMERGENCY LEGISLATION CONTINUANCE ACT 1915

GOVT OF INDIA 1919 ACT

GOVERNMENT OF INDIA ACT 1935

INDIAN INDEPENDENCE ACT 1947

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 Constitution of the Nations

CONSTITUTION OF AMERICA

CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA

CONSTITUTION OF FRANCE

CONSTITUTION OF GERMANY

CONSTITUTION OF THE NATIONS

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