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CONSTITUTION OF THE REPUBLIC OF SINGAPORE

Table of Contents
Constitution of the Republic of Singapore
(CHAPTER CONST)
Part I Preliminary
1 Citation
2 Interpretation
Part II The Republic and the Constitution
3 Republic of Singapore
4 Supremacy of Constitution
5 Amendment of Constitution
5A (Repealed)
Part III Protection of the Sovereignty of the Republic of Singapore
6 No surrender of sovereignty or relinquishment of control over the Police Force or the Armed Forces except by referendum
7 Participation in co-operative international schemes which are beneficial to Singapore
8 No amendment to this Part except by referendum
Part IV Fundamental Liberties
9 Liberty of the person
10 Slavery and forced labour prohibited
11 Protection against retrospective criminal laws and repeated trials
12 Equal protection
13 Prohibition of banishment and freedom of movement
14 Freedom of speech, assembly and association
15 Freedom of religion
16 Rights in respect of education
Part V The Government
Chapter 1 — The President
17 The President
17A Election of President
18 Presidential Elections Committee
19 Qualifications of President
19A Disabilities of President
19B Reserved election for community that has not held office of President for 5 or more consecutive terms
20 Term of office
21 Discharge and performance of functions of President
21A General time limit for President to exercise discretionary powers
22 Appointment of public officers, etc.
22A Appointment of members of statutory boards
22B Budgets of statutory boards
22C Appointment of directors of Government companies
22D Budgets of Government companies
22E Moneys of the Central Provident Fund
22F President’s access to information
22G Concurrence of President for certain investigations
22H President may withhold assent to certain Bills
22I Restraining order under Maintenance of Religious Harmony Act
22J Civil List and personal staff of President
22K Immunity of President from suit
22L Vacation of and removal from office of President
22M Determination by Election Judge that President was not duly elected or election of President was void
22N Persons to exercise functions of President when office is vacant
22O Temporary disability of President
22P Grant of pardon, etc.
Chapter 2 — The Executive
23 Executive authority of Singapore
24 Cabinet
25 Appointment of Prime Minister and Ministers
26 Tenure of office of Prime Minister and Ministers
27 Oath
28 Summoning of and presiding in Cabinet
29 Validity of proceedings in Cabinet
30 Assignment of responsibility to Ministers
31 Parliamentary Secretaries
32 Leave of absence for Ministers and Parliamentary Secretaries
33 Disabilities of Ministers and Parliamentary Secretaries
34 Permanent Secretaries
35 Attorney-General
35A Deputy Attorneys-General
36 Secretary to Cabinet
Chapter 3 — Capacity as regards property, contracts and suits
37 Capacity of Government as regards property, contracts and suits
Part VA Council of Presidential Advisers
37A Interpretation of this Part
37B Council of Presidential Advisers
37C Alternate members
37D Qualifications of members and considerations in appointing members
37E Disqualifications of members
37F Termination of membership
37G Determination of questions as to membership
37H Oaths of Allegiance and Secrecy
37I Function of Council
37IA President’s general duty to consult Council
37IB President to immediately refer to Council certain cases concerning veto powers
37IC Referred cases — time limit for Council to make recommendation
37ID Referred cases — matters to be stated in Council’s recommendation, etc.
37IE Referred cases — Prime Minister to receive President’s grounds and Council’s recommendation if President exercises veto, etc.
37IF Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation
37IG Quorum and voting
37J Proceedings of Council
37K (Repealed)
37L Fees
37M Appointment of staff
Part VI The Legislature
38 Legislature of Singapore
39 Parliament
39A Group representation constituencies
40 Speaker
41 Remuneration of Speaker
42 Deputy Speaker
43 Performance of functions of Speaker
44 Qualifications for membership of Parliament
45 Disqualifications for membership of Parliament
46 Tenure of office of Members
47 Provision against double membership
48 Decision on questions as to disqualification
49 Filling of vacancies
50 Penalty for unqualified persons sitting or voting in Parliament
51 Staff of Parliament
52 Standing Orders
53 Use of languages in Parliament
54 Presiding in Parliament
55 Validity of proceedings of Parliament
56 Quorum
57 Voting
58 Exercise of legislative power
59 Introduction of Bills
60 Words of enactment of laws
61 Oath of Allegiance
62 Address by President
63 Privileges of Parliament
64 Sessions of Parliament
65 Prorogation and dissolution of Parliament
66 General elections
67 Remuneration of Members
Part VII The Presidential Council for Minority Rights
68 Interpretation of this Part
69 Establishment of Presidential Council for Minority Rights
70 Temporary appointment during incapacity of member
71 Qualifications of members
72 Disqualifications of members
73 Termination of membership
74 Determination of questions as to membership
75 Oaths of Allegiance and Secrecy
76 General function of Council
77 Functions of Council in respect of Bills and subsidiary legislation
78 Copies of Bills and amendments thereto to be sent to Council
79 Functions of Council in regard to Bills enacted on a certificate of urgency
80 Functions of Council in regard to subsidiary legislation
81 Functions of Council in regard to certain written law
82 Duties of Chairman
83 Quorum and voting
84 Proceedings of Council to be in private
85 Council’s report
86 Validity of proceedings notwithstanding vacancy in membership
87 Attendance of Minister, etc.
88 Power of Council to make rules regulating procedure
89 Annual report
90 Salaries and fees
91 Appointment of staff
92 Power to make rules generally
Part VIII The Judiciary
93 Judicial power of Singapore
93A Jurisdiction to determine questions as to validity of Presidential election
94 Constitution of Supreme Court
95 Appointment of Judges of Supreme Court, etc.
96 Qualifications of Judges of Supreme Court
97 Oath of Office of Judges of Supreme Court, etc.
98 Tenure of office and remuneration of Judges of Supreme Court, etc.
99 Restriction on Parliamentary discussion of conduct of a Judge of Supreme Court
100 Advisory opinion
101 Definition of office
Part IX The Public Service
102 Public services
103 Interpretation of this Part
104 Tenure of public office
105 Public Service Commission
106 Disqualification for appointment to Commission
107 Tenure of office
108 Terms of service of Chairman and members of Commission
109 Secretary to Commission
110 Appointment, etc., of public officers
110A (Repealed)
110B (Repealed)
110C (Repealed)
110D Personnel boards
111 Legal Service Commission
111AA Personnel boards of Singapore Legal Service
111A Promotion to significant grade
112 Protection of pension rights
113 Power of Public Service Commission and Legal Service Commission in relation to pensions, etc.
114 Pensions, etc., to be charged on Pension Fund or Consolidated Fund
115 Pension rights on transfer
116 Regulations regarding public service
117 (Repealed)
118 Performance by Public Service Commission of other functions
119 Reports of Commissions
Part X Citizenship
120 Status of citizen of Singapore
121 Citizenship by birth
122 Citizenship by descent
123 Citizenship by registration
124 Registration of minors
125 Effect of registration
126 General provisions as to registration
127 Citizenship by naturalisation
128 Renunciation of citizenship
129 Deprivation of citizenship
130 Deprivation of citizenship of child of person losing citizenship
131 General provisions as to loss of citizenship
132 Cancellation of enrolment as citizen
133 Procedure for deprivation
134 Deprivation of citizenship on acquisition of foreign citizenship
135 Deprivation of citizenship on exercise of rights of foreign nationals, etc.
136 Termination of citizenship of Malaysia
137 Deprivation of citizenship or cancellation of enrolment of child of person losing citizenship
138 Grant of certificate of citizenship in cases of doubt
139 Commonwealth citizenship
140 Application of Third Schedule
141 Repeal
Part XI Financial Provisions
142 Interpretation of this Part
143 No taxation unless authorised by law
144 Restriction on loans, guarantees, etc.
145 Consolidated Fund
146 Withdrawal from Consolidated Fund, etc.
147 Annual estimates and financial statements
148 Authorisation of expenditure from Consolidated Fund and Development Fund
148A Withholding of assent to Supply Bill, etc.
148B Power to authorise expenditure on account, etc., or for unspecified purposes
148C Contingencies Funds
148D (Repealed)
148E Debt charges and moneys required to satisfy judgments
148F Appointment of Auditor-General
148G Duty to inform President of certain transactions
148H Publication of President’s opinion regarding certain liabilities of the Government
148I Transfer of Government’s past reserves
Part XII Special Powers against Subversion and Emergency Powers
149 Legislation against subversion
150 Proclamation of Emergency
151 Restrictions on preventive detention
151A Defence and security measures
Part XIII General Provisions
152 Minorities and special position of Malays
153 Muslim religion
153A Official languages and national language
154 Impartial treatment of Government employees
154A Exemption
155 Authorised reprints of Constitution
156 (Repealed)
Part XIV Transitional Provisions
157 Existing Standing Orders
158 Public officers to continue in office
159 Terms of service of persons who continue in office
160 Succession to property
161 (Repealed)
162 Existing laws
163 Person holding office of President immediately prior to 30th November 1991 to continue to hold such office
164 Transitional provisions for Article 19B
165 Transitional provisions for Council of Presidential Advisers
FIRST SCHEDULE Forms of Oaths
SECOND SCHEDULE Oath of Renunciation, Allegiance and Loyalty
THIRD SCHEDULE Citizenship
FOURTH SCHEDULE Appointment of Nominated Members of Parliament
FIFTH SCHEDULE Key Statutory Boards and Government Companies

Devider

(Original Enactment: S 1/63)
[9th August 1965]

PART I

PRELIMINARY
Citation

1. This Constitution may be cited as the Constitution of the Republic of Singapore.
Interpretation
2.—(1) In this Constitution, unless it is otherwise provided or the context otherwise requires —
“Cabinet” means the Cabinet constituted under this Constitution;
“Civil List” means the provision made under Article 22J for the maintenance of the President;
“citizen of Singapore” means any person who, under the provisions of this Constitution, has the status of a citizen of Singapore;
“commencement”, used with reference to this Constitution, means 9th August 1965;
“Consolidated Fund” means the Consolidated Fund established by this Constitution;
“Council of Presidential Advisers” means the Council of Presidential Advisers constituted under Part VA;
“existing law” means any law having effect as part of the law of Singapore immediately before the commencement of this Constitution;
“Government” means the Government of Singapore;
“Judge of the Supreme Court” means the Chief Justice, a Judge of Appeal or a Judge of the High Court;
[Act 39 of 2014 wef 01/01/2015]
“law” includes written law and any legislation of the United Kingdom or other enactment or instrument whatsoever which is in operation in Singapore and the common law in so far as it is in operation in Singapore and any custom or usage having the force of law in Singapore;
“Legal Service Commission” means the Legal Service Commission constituted under this Constitution;
“Legislature” means the Legislature of Singapore;
“Minister” means a Minister appointed under this Constitution;
“office of profit” means, subject to clause (5), any whole time office in the public service;
“Parliament” means the Parliament of Singapore;
“President” means the President of Singapore elected under this Constitution and includes any person for the time being exercising the functions of the office of President;
“Presidential Elections Committee” means the Presidential Elections Committee constituted under Article 18;
“Prime Minister” means the Prime Minister of Singapore appointed under this Constitution;
“public office” means, subject to clause (5), an office of emolument in the public service;
“public officer” means the holder of any public office;
“public seal” means the public seal of Singapore;
“public service” means service under the Government;
“Public Service Commission” means the Public Service Commission constituted under this Constitution;
“register of electors” means any register of electors prepared under the provisions of any written law for the time being in force relating to Parliamentary elections;
“remuneration”, in respect of any public officer, means only the emoluments of that officer, the whole or any part of which count for pension or gratuity in accordance with the provisions of any law relating to the grant of pensions or gratuities in respect of the public service;
[Act 39 of 2014 wef 01/01/2015]
“reserves”, in relation to the Government, a statutory board or Government company, means the excess of assets over liabilities of the Government, statutory board or Government company, as the case may be;
“session” means the sittings of Parliament commencing when it first meets after being constituted, or after its prorogation or dissolution at any time, and terminating when Parliament is prorogued or is dissolved without having been prorogued;
“Singapore” means the Republic of Singapore;
“sitting” means a period during which Parliament is sitting continuously without adjournment, including any period during which Parliament is in committee;
“Speaker” and “Deputy Speaker” mean, respectively, the Speaker and a Deputy Speaker of Parliament;
“term of office”, in relation to the Government, means the period —
(a) commencing on the date the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after a general election; and
(b) ending after the next general election on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27;

“terms of service”, in respect of any officer, includes the remuneration to which that officer is entitled by virtue of his office, and any pension, gratuity or other like allowance payable to or in respect of that officer;
“written law” means this Constitution and all Acts and Ordinances and subsidiary legislation for the time being in force in Singapore.
(2) Except where this Constitution otherwise provides or where the context otherwise requires —
(a) the person or authority having power to make substantive appointments to any public office may appoint a person to perform the functions of that office during any period when it is vacant or when the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions;
(b) every appointment to perform the functions of an office made under paragraph (a) shall be made in the same manner as and subject to the same conditions as apply to a substantive appointment to that office;
(c) any reference in this Constitution to the holder of any office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office; and
(d) any reference in this Constitution to an appointment to any office shall be construed as including a reference to an appointment to perform the functions of that office.

(3) Where in this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions.
(4) For the purposes of this Constitution, the resignation of a member of any body or the holder of any office constituted by this Constitution that is required to be addressed to any person shall be deemed to have effect from the time that it is received by that person:
Provided that, in the case of a resignation that is required to be addressed to the Speaker, the resignation shall, if the office of Speaker is vacant or the Speaker is absent from Singapore, be deemed to have effect from the time that it is received by a Deputy Speaker on behalf of the Speaker.

(5) For the purposes of this Constitution, a person shall not be considered as holding a public office or an office of profit by reason of the fact that he is in receipt of any remuneration or allowances (including a pension or other like allowance) in respect of his tenure of the office of President, Prime Minister, Chief Justice, Speaker, Deputy Speaker, Minister, Parliamentary Secretary, Political Secretary, Member of Parliament, Ambassador, High Commissioner or such other office as the President may, from time to time, by order, prescribe*.
* Offices of Consul-General and Consul have been prescribed by the President — See G.N. No. S 212/72

(6) (a) Without prejudice to clause (2) when the holder of any public office is on leave of absence pending relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto.
(b) Where 2 or more persons are holding the same office by reason of an appointment made pursuant to paragraph (a), the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder of that office.
(7) Where a person is required by this Constitution to take an oath, he shall be permitted, if he so desires, to comply with that requirement by making an affirmation.
(8) References in this Constitution to any period shall, so far as the context admits, be construed as including references to a period beginning before the commencement of this Constitution.
(9) Subject to this Article, the Interpretation Act (Cap. 1) shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to any written law within the meaning of that Act.
(10) Unless the context otherwise requires, any reference in this Constitution to a specified Part, Article or Schedule is a reference to that Part or Article of, or that Schedule to, this Constitution; any reference to a specified chapter, clause, section or paragraph is a reference to that chapter of the Part, that clause of the Article, that section of the Schedule, or that paragraph of the clause or section, in which the reference occurs; and any reference to a group of Articles, sections or divisions of Articles or sections shall be construed as including both the first and the last member of the group referred to.

PART II
THE REPUBLIC AND THE CONSTITUTION

Republic of Singapore
*3. Singapore shall be a sovereign republic to be known as the Republic of Singapore.
* Section 2(1)(d), Constitution (Amendment) Act 1965 (No. 8 of 1965) and the Republic of Singapore Independence Act 1965 (No. 9 of 1965).
Supremacy of Constitution
4. This Constitution is the supreme law of the Republic of Singapore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
Amendment of Constitution
5.—(1) Subject to this Article and Article 8, the provisions of this Constitution may be amended by a law enacted by the Legislature.
(2) A Bill seeking to amend any provision in this Constitution shall not be passed by Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of Members of Parliament (excluding nominated Members).
[Act 28 of 2016 wef 01/04/2017]
(2A) [Deleted by Act 28 of 2016 wef 01/04/2017]
(3) In this Article, “amendment” includes addition and repeal.

5A. [Repealed by Act 28 of 2016 wef 01/04/2017]

PART III
PROTECTION OF THE SOVEREIGNTY OF THE REPUBLIC OF SINGAPORE

No surrender of sovereignty or relinquishment of control over the Police Force or the Armed Forces except by referendum
6.—(1) There shall be —
(a) no surrender or transfer, either wholly or in part, of the sovereignty of the Republic of Singapore as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and
(b) no relinquishment of control over the Singapore Police Force or the Singapore Armed Forces,
unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act (Cap. 218).
(2) For the purposes of this Article —
“Singapore Armed Forces” means the Singapore Armed Forces raised and maintained under the Singapore Armed Forces Act (Cap. 295), and includes any civil defence force formed under the Civil Defence Act (Cap. 42) and such other force as the President may, by notification in the Gazette, declare to be an armed force for the purposes of this Article;
“Singapore Police Force” means the Singapore Police Force and the Special Constabulary established under the Police Force Act (Cap. 235) and any Auxiliary Police Force created in accordance with Part IX of that Act, and includes the Vigilante Corps established under the Vigilante Corps Act (Cap. 343) and such other force as the President may, by notification in the Gazette, declare to be a police force for the purposes of this Article.

Participation in co-operative international schemes which are beneficial to Singapore
7. Without in any way derogating from the force and effect of Article 6, nothing in that Article shall be construed as precluding Singapore or any association, body or organisation therein from —
(a) participating or co-operating in, or contributing towards, any scheme, venture, project, enterprise or undertaking of whatsoever nature, in conjunction or in concert with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such scheme, venture, project, enterprise or undertaking confers, has the effect of conferring or is intended to confer, on Singapore or any association, body or organisation therein, any economic, financial, industrial, social, cultural, educational or other benefit of any kind or is, or appears to be, advantageous in any way to Singapore or any association, body or organisation therein; or
(b) entering into any treaty, agreement, contract, pact or other arrangement with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such treaty, agreement, contract, pact or arrangement provides for mutual or collective security or any other object or purpose whatsoever which is, or appears to be, beneficial or advantageous to Singapore in any way.

No amendment to this Part except by referendum
8.—(1) A Bill for making an amendment to this Part shall not be passed by Parliament unless it has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act (Cap. 218).
(2) In this Article, “amendment” includes addition and repeal.

PART IV
FUNDAMENTAL LIBERTIES

Liberty of the person
9.—(1) No person shall be deprived of his life or personal liberty save in accordance with law.
(2) Where a complaint is made to the High Court or any Judge thereof that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and release him.
(3) Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.
(4) Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority.
[9/2010 wef 01/07/2010]
(5) Clauses (3) and (4) shall not apply to an enemy alien or to any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker.
(6) Nothing in this Article shall invalidate any law —
(a) in force before the commencement of this Constitution which authorises the arrest and detention of any person in the interests of public safety, peace and good order; or
(b) relating to the misuse of drugs or intoxicating substances which authorises the arrest and detention of any person for the purpose of treatment and rehabilitation,
by reason of such law being inconsistent with clauses (3) and (4), and, in particular, nothing in this Article shall affect the validity or operation of any such law before 10th March 1978.

Slavery and forced labour prohibited
10.—(1) No person shall be held in slavery.
(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
(3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.

Protection against retrospective criminal laws and repeated trials
11.—(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.
(2) A person who has been convicted or acquitted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was convicted or acquitted.

Equal protection
12.—(1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of Singapore on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
(3) This Article does not invalidate or prohibit —
(a) any provision regulating personal law; or
(b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion.

Prohibition of banishment and freedom of movement
13.—(1) No citizen of Singapore shall be banished or excluded from Singapore.
(2) Subject to any law relating to the security of Singapore or any part thereof, public order, public health or the punishment of offenders, every citizen of Singapore has the right to move freely throughout Singapore and to reside in any part thereof.

Freedom of speech, assembly and association
14.—(1) Subject to clauses (2) and (3) —
(a) every citizen of Singapore has the right to freedom of speech and expression;
(b) all citizens of Singapore have the right to assemble peaceably and without arms; and
(c) all citizens of Singapore have the right to form associations.
(2) Parliament may by law impose —
(a) on the rights conferred by clause (1)(a), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence;
(b) on the right conferred by clause (1)(b), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof or public order; and
(c) on the right conferred by clause (1)(c), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, public order or morality.

(3) Restrictions on the right to form associations conferred by clause (1) (c) may also be imposed by any law relating to labour or education.

Freedom of religion
15.—(1) Every person has the right to profess and practise his religion and to propagate it.
(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.
(3) Every religious group has the right —
(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or charitable purposes; and
(c) to acquire and own property and hold and administer it in accordance with law.

(4) This Article does not authorise any act contrary to any general law relating to public order, public health or morality.

Rights in respect of education
16.—(1) Without prejudice to the generality of Article 12, there shall be no discrimination against any citizen of Singapore on the grounds only of religion, race, descent or place of birth —
(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or
(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside Singapore).
(2) Every religious group has the right to establish and maintain institutions for the education of children and provide therein instruction in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law.
(3) No person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own.
(4) For the purposes of clause (3), the religion of a person under the age of 18 years shall be decided by his parent or guardian.

PART V
THE GOVERNMENT

Chapter 1 — The President
The President
17.—(1) There shall be a President of Singapore who shall be the Head of State.
[Act 28 of 2016 wef 01/04/2017]
(2) In addition to being the Head of State, it is also the function of the President to safeguard the reserves of Singapore and the integrity of the Public Services of Singapore, and the President is to perform this function according to the provisions of this Constitution mentioned in clause (3).
[Act 28 of 2016 wef 01/04/2017]
(3) The provisions mentioned by clause (2) are the provisions in Articles 22, 22A, 22B, 22C, 22D, 22E, 37B, 37C and 154A and Part XI that authorise the President to act in his discretion.
[Act 28 of 2016 wef 01/04/2017]
(4) The President may exercise such other powers and perform such other functions as are conferred on the President by this Constitution and any other written law.
[Act 28 of 2016 wef 01/04/2017]

Election of President
17A.—(1) The President is to be elected by the citizens of Singapore in accordance with any law made by the Legislature.
(2) Any poll for the election of President must be held as follows:
(a) in the case where the office of President becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacation of office or, if so issued, has already been countermanded — within 6 months after the date the office of President becomes vacant; or
(b) in any other case — not more than 3 months before the date of expiration of the term of office of the incumbent.
[Act 28 of 2016 wef 01/04/2017]

Presidential Elections Committee
18.—(1) The Presidential Elections Committee (called in this Article the Committee) is established and is to perform the functions relating to elections to the office of President conferred on it by this Constitution or any written law relating to such elections.
(2) The Committee consists of —
(a) the Chairman of the Public Service Commission, who is the Chairman of the Committee;
(b) the Chairman of the Accounting and Corporate Regulatory Authority established by the Accounting and Corporate Regulatory Authority Act (Cap. 2A);
(c) a member of the Presidential Council for Minority Rights, appointed by the Chairman of that Council;
(d) a member or former member of the Council of Presidential Advisers (but not the sitting Chairman of that Council or a former member who vacated his seat under Article 37F(2)(a) or (c)), appointed by the Chairman of that Council;
(e) a person who is qualified to be or has been a Judge of the Supreme Court, appointed by the Chief Justice; and
(f) a person, who in the opinion of the Prime Minister has expertise and experience acquired in the private sector that is relevant to the functions of the Committee, appointed by the Prime Minister.

(3) A person appointed as a member under clause (2)(c), (d), (e) or (f) holds office for a term of 6 years and may be re-appointed.
(4) The office of a member appointed under clause (2)(c), (d), (e) or (f) falls vacant —
(a) if the member dies;
(b) if the member resigns from office in writing addressed to the Chairman of the Committee;
(c) subject to clause (6), if the member’s appointment is revoked by the authority who appointed the member;
(d) for a member appointed under clause (2)(c), if the member ceases to be a member of the Presidential Council for Minority Rights; or
(e) for a member who is a member of the Council of Presidential Advisers appointed under clause (2)(d), if the member is subsequently appointed as the Chairman of the Council of Presidential Advisers or vacates his seat on that Council under Article 37F(2)(a) or (c).

(5) If the office of a member appointed under clause (2)(c), (d), (e) or (f) falls vacant, a new member must be appointed as soon as practicable in accordance with the provisions of this Article under which the vacating member was appointed.
(6) A member’s appointment cannot be revoked under clause (4)(c) from the time a writ is issued for an election to the office of President until the time a person is declared to be elected to the office of President.
(7) If any member of the Committee is absent from Singapore or for any other reason unable to discharge his functions, the following provisions apply:
(a) if the member is the Chairman of the Committee, the Chairman must appoint a Deputy Chairman of the Public Service Commission to act on the Chairman’s behalf;
(b) if the member is the Chairman of the Accounting and Corporate Regulatory Authority, the member must appoint another member of that Authority to act on the member’s behalf;
(c) if the member is appointed under clause (2)(c), (d), (e) or (f), another person must be appointed, in accordance with the provisions of this Article under which the member was appointed, to act on the member’s behalf.

(8) A decision of the Committee must be made by a majority of its members present and voting and, if on any question before the Committee its members are equally divided, the Chairman of the Committee has a casting vote in addition to his original vote.
(9) The Committee may act despite any vacancy in its membership.
(10) Subject to this Constitution, the Committee may regulate its procedure and fix the quorum for its meetings.
(11) Parliament may by law provide for the remuneration of members of the Committee and the remuneration so provided is charged on the Consolidated Fund.
(12) A decision of the Committee as to whether a candidate for election to the office of President has fulfilled the requirements of Article 19(2)(e) or (g) is final and is not subject to appeal or review in any court.
[Act 28 of 2016 wef 01/04/2017]

Qualifications of President
19.—(1) No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution.
(2) A person shall be qualified to be elected as President if he —
(a) is a citizen of Singapore;
(b) is not less than 45 years of age;
(c) possesses the qualifications specified in Article 44(2)(c) and (d);
(d) is not subject to any of the disqualifications specified in Article 45;
(e) satisfies the Presidential Elections Committee that he is a person of integrity, good character and reputation;
(f) is not a member of any political party on the date of his nomination for election; and
(g) satisfies the Presidential Elections Committee that —
(i) he has, at the date of the writ of election, met either the public sector service requirement in clause (3) or the private sector service requirement in clause (4); and
(ii) the period of service counted for the purposes of clause (3)(a), (b) or (c)(i) or (4)(a)(i) or (b)(i) or each of the 2 periods of service counted for the purposes of clause (3)(d) or (4)(c), as the case may be, falls partly or wholly within the 20 years immediately before the date of the writ of election.
[Act 28 of 2016 wef 01/04/2017]

(3) The public sector service requirement is that the person has —
(a) held office for a period of 3 or more years as Minister, Chief Justice, Speaker, Attorney-General, Chairman of the Public Service Commission, Auditor-General, Accountant-General or Permanent Secretary;
(b) served for a period of 3 or more years as the chief executive of an entity specified in the Fifth Schedule;
(c) satisfied the following criteria:
(i) the person has served for a period of 3 or more years in an office in the public sector;
(ii) the Presidential Elections Committee is satisfied, having regard to the nature of the office and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who satisfies paragraph (a) or (b); and
(iii) the Presidential Elections Committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of President; or

(d) held office or served, as the case may be, for a first period of one or more years in an office mentioned in paragraph (a), (b) or (c) and a second period of one or more years in an office mentioned in paragraph (a), (b) or (c), and the 2 periods add up to 3 or more years.
[Act 28 of 2016 wef 01/04/2017]

(4) The private sector service requirement is that the person has —
(a) served as the chief executive of a company and —
(i) the person’s most recent period of service as chief executive (ignoring any period of service shorter than a year) is 3 or more years in length;
(ii) the company, on average, has at least the minimum amount in shareholders’ equity for the person’s most recent 3-year period of service as chief executive;
(iii) the company, on average, makes profit after tax for the entire time (continuous or otherwise) that the person served as the chief executive of the company; and
(iv) if the person has ceased to be the chief executive of the company before the date of the writ of election, the company has not been subject to any insolvency event from the last day of his service as chief executive of the company until —
(A) the date falling 3 years after that day; or
(B) the date of the writ of election,
whichever is earlier, as assessed solely on the basis of events occurring on or before the date of the writ of election;

(b) satisfied the following criteria:
(i) the person has served for a period of 3 or more years in an office in a private sector organisation;
(ii) the Presidential Elections Committee is satisfied, having regard to the nature of the office, the size and complexity of the private sector organisation and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who has served as the chief executive of a typical company with at least the minimum amount of shareholders’ equity and who satisfies paragraph (a) in relation to such service; and
(iii) the Presidential Elections Committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of President; or

(c) subject to clause (5), served for a first period of one or more years in an office mentioned in paragraph (a) or (b) and a second period of one or more years in an office mentioned in paragraph (a) or (b), and the 2 periods add up to 3 or more years.
[Act 28 of 2016 wef 01/04/2017]

(5) If a person proposes to rely on clause (4)(a) for one or both periods of service under clause (4)(c), the following provisions apply:
(a) if the person proposes to rely on one period of service as the chief executive of a company —
(i) instead of clause (4)(a)(i), the period of service relied on must be the most recent period that the person served as the chief executive of the company (ignoring any period of service less than a year);
(ii) instead of clause (4)(a)(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for that period of service; and
(iii) clause (4)(a)(iii) and (iv) applies without modification in relation to the company;

(b) if the person proposes to rely on one period of service as the chief executive of one company and one period of service as the chief executive of another company —
(i) instead of clause (4)(a)(i), the period of service relied on for each company must be the most recent period that the person served as the chief executive of that company (ignoring any period of service less than a year);
(ii) instead of clause (4)(a)(ii), each company must, on average, have at least the minimum amount in shareholders’ equity for the period of service relied on; and
(iii) clause (4)(a)(iii) and (iv) applies without modification in relation to each company;

(c) if the person proposes to rely on 2 periods of service as the chief executive of one company —
(i) instead of clause (4)(a)(i), the 2 periods of service must be the 2 most recent periods of service that the person served as the chief executive of the company (ignoring any period of service less than a year);
(ii) instead of clause (4)(a)(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for each period of service; and
(iii) clause (4)(a)(iii) and (iv) applies without modification in relation to the company.
[Act 28 of 2016 wef 01/04/2017]

(6) The Legislature may, by law —
(a) specify how the Presidential Elections Committee is to calculate and determine shareholders’ equity for the purposes of clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii);
(b) specify how the Presidential Elections Committee is to calculate and determine profit after tax for the purposes of clause (4)(a)(iii); and
(c) prescribe what constitutes an insolvency event for the purposes of clause (4)(a)(iv).
[Act 28 of 2016 wef 01/04/2017]

(7) The minimum amount mentioned in clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii) is $500 million and this amount can be increased if —
(a) a committee consisting of all the members of the Presidential Elections Committee presents to Parliament a recommendation that the amount be increased; and
(b) Parliament, by resolution, decides to increase the amount by the extent recommended by the committee or by any lesser extent.
[Act 28 of 2016 wef 01/04/2017]

(8) A resolution under clause (7)(b) cannot be passed —
(a) when the office of President is vacant; or
(b) during the 6 months before the date on which the term of office of an incumbent President expires.
[Act 28 of 2016 wef 01/04/2017]

(9) The committee mentioned in clause (7)(a) —
(a) may regulate its own procedure and make rules for that purpose;
(b) may from time to time, and must at least once every 12 years (starting from the date of commencement of section 7(b) of the Constitution of the Republic of Singapore (Amendment) Act 2016), review the minimum amount of shareholders’ equity required under clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii); and
(c) must present a report of its conclusions to Parliament (even if it does not recommend an increase).
[Act 28 of 2016 wef 01/04/2017]

(10) In clauses (3), (4) and (5), unless the context otherwise requires —
“chief executive”, in relation to an entity or organisation, means the most senior executive (however named) in that entity or organisation, who is principally responsible for the management and conduct of the entity’s or organisation’s business and operations;
“company” means a company limited by shares and incorporated or registered in Singapore under the general law relating to companies;
“period” means continuous period.
[Act 28 of 2016 wef 01/04/2017]
[Act 28 of 2016 wef 01/04/2017]

Disabilities of President
19A.—(1) The President must —
(a) not hold any other office created or recognised by this Constitution;
(b) not actively engage in any commercial enterprise;
(c) not be a member of any political party; and
(d) if he is a Member of Parliament, vacate his seat in Parliament.
(2) Nothing in clause (1) is to be construed as requiring any person exercising the functions of the office of President under Article 22N or 22O to —
(a) if he is a member of any political party, resign as a member of that party; or
(b) vacate his seat in Parliament or any other office created or recognised by this Constitution.
[Act 28 of 2016 wef 01/04/2017]

Reserved election for community that has not held office of President for 5 or more consecutive terms
19B.—(1) An election for the office of President is reserved for a community if no person belonging to that community has held the office of President for any of the 5 most recent terms of office of the President.
(2) A person is qualified to be elected as President —
(a) in an election reserved for one community under clause (1), only if the person belongs to the community for which the election is reserved and satisfies the requirements in Article 19;
(b) in an election reserved for 2 communities under clause (1) —
(i) only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the greater number of consecutive terms of office immediately before the election; or
(ii) if no person qualifies under sub-paragraph (i), only if the person satisfies the requirements in Article 19 and belongs to the other community for which the election is reserved; and

(c) in an election reserved for all 3 communities under clause (1) —
(i) only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the greatest number of consecutive terms of office immediately before the election;
(ii) if no person qualifies under sub-paragraph (i), only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the next greatest number of consecutive terms of office immediately before the election; or
(iii) if no person qualifies under sub-paragraph (i) or (ii), only if the person satisfies the requirements in Article 19 and belongs to the remaining community.

(3) For the purposes of this Article, a person who exercises the functions of the President under Article 22N or 22O is not considered to have held the office of President.
(4) The Legislature may, by law —
(a) provide for the establishment of one or more committees to decide, for the purposes of this Article, whether a person belongs to the Chinese community, the Malay community or the Indian or other minority communities;
(b) prescribe the procedure by which a committee under paragraph (a) decides whether a person belongs to a community;
(c) provide for the dispensation of the requirement that a person must belong to a community in order to qualify to be elected as President if, in a reserved election, no person who qualifies to be elected as President under clause (2)(a), (b) or (c) (as the case may be) is nominated as a candidate for election as President; and
(d) make such provisions the Legislature considers necessary or expedient to give effect to this Article.

(5) No provision of any law made pursuant to this Article is invalid on the ground of inconsistency with Article 12 or is considered to be a differentiating measure under Article 78.
(6) In this Article —
“community” means —
(a) the Chinese community;
(b) the Malay community; or
(c) the Indian or other minority communities;

“person belonging to the Chinese community” means any person who considers himself to be a member of the Chinese community and who is generally accepted as a member of the Chinese community by that community;
“person belonging to the Malay community” means any person, whether of the Malay race or otherwise, who considers himself to be a member of the Malay community and who is generally accepted as a member of the Malay community by that community;
“person belonging to the Indian or other minority communities” means any person of Indian origin who considers himself to be a member of the Indian community and who is generally accepted as a member of the Indian community by that community, or any person who belongs to any minority community other than the Malay or Indian community;
“term of office” includes an uncompleted term of office.
[Act 28 of 2016 wef 01/04/2017]

Term of office
20.—(1) The President shall hold office for a term of 6 years from the date on which he assumes office.
(2) The person elected to the office of President shall assume office on the day his predecessor ceases to hold office or, if the office is vacant, on the day following his election.
(3) Upon his assumption of office, the President shall take and subscribe in the presence of the Chief Justice or of another Judge of the Supreme Court the Oath of Office in the form set out in the First Schedule.

Discharge and performance of functions of President
21.—(1) Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet.
(2) The President may act in his discretion in the performance of the following functions (in addition to those in the performance of which he may act in his discretion under the other provisions of this Constitution):
(a) the appointment of the Prime Minister in accordance with Article 25;
(b) the withholding of consent to a request for a dissolution of Parliament.
[Act 28 of 2016 wef 01/04/2017]

(3) [Deleted by Act 28 of 2016 wef 01/04/2017]
(4) [Deleted by Act 28 of 2016 wef 01/04/2017]
(5) The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
(a) functions exercisable in his discretion; and
(b) functions with respect to the exercise of which provision is made in any other provision of this Constitution.

General time limit for President to exercise discretionary powers
21A.—(1) In any particular case where this Constitution authorises the President to act in his discretion in assenting to, concurring with, approving, disapproving or confirming any matter, the President must signify his decision within the specified period —
(a) after his assent, concurrence, approval or confirmation is sought; or
(b) after he is informed of a proposed transaction under Article 22B(6), 22D(5) or 148G(1),
as the case may be.
(2) Subject to any reduction or extension under clause (3), the specified period for the purposes of clause (1) is —
(a) 30 days for the following matters:
(i) whether to concur with the introduction of a Bill to which Article 5A or 5B* applies;
* Articles 5A and 5B are not in operation.

(ii) whether to assent to a Supply Bill, Supplementary Supply Bill, Final Supply Bill or a Bill to which Article 5C* or 22H applies;
* Article 5C is not in operation.

(iii) whether to concur under Article 22G with the making of an inquiry or the carrying out of an investigation by the Director of the Corrupt Practices Investigation Bureau;
(iv) whether to confirm under Article 22I a restraining order made under the Maintenance of Religious Harmony Act (Cap. 167A);
(v) whether to concur under Article 151(4) with the detention or further detention of a person; and

(b) 6 weeks in all other cases.

(3) In any particular case, the specified period in clause (2) may —
(a) if the Prime Minister certifies to the President at the time the President’s decision is sought or at any time thereafter that the case is so urgent that it is not in the public interest to delay a decision, be reduced to the period certified by the Prime Minister (which must not end less than 15 days after the date of the certificate); or
(b) be extended according to any agreement between the President, acting in his discretion, and the Cabinet.

(4) For the purposes of Articles 5C(1)* and 22H(1), if a reference is made under Article 5C(2)* or 22H(2), respectively, the time from the making of the reference to the tribunal’s pronouncement of its opinion is not counted towards the specified period.
* Article 5C is not in operation.

(5) If in any particular case the President fails to signify his decision within the specified period, the President is deemed to have, at the end of that period —
(a) subject to paragraph (c), given the assent, concurrence, approval or confirmation sought in that case;
(b) in a case under Article 22B(7), 22D(6) or 148G(2), declined to disapprove the proposed transaction that the President was informed of; or
(c) in a case under Article 22G, refused to concur with the making of an inquiry or the carrying out of an investigation by the Director of the Corrupt Practices Investigation Bureau,
as the case may be.

(6) This Article does not apply to the President’s discretion under this Constitution to withhold consent to a request for a dissolution of Parliament.
[Act 28 of 2016 wef 01/04/2017]

Appointment of public officers, etc.
22.—(1) Notwithstanding any other provision of this Constitution, the President, acting in his discretion, may refuse to make an appointment to any of the following offices or to revoke any such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is, by virtue of that other provision of this Constitution or any other written law, to act:
(a) the Chief Justice, Judges of the Supreme Court, and the Judicial Commissioners, Senior Judges and International Judges of the Supreme Court;
[Act 39 of 2014 wef 01/01/2015]
(b) the Attorney-General;
(c) the Chairman and members of the Presidential Council for Minority Rights;
(d) the chairman and members of the Presidential Council for Religious Harmony constituted under the Maintenance of Religious Harmony Act (Cap. 167A);
(e) the chairman and members of an advisory board constituted for the purposes of Article 151;
(f) the Chairman and members of the Public Service Commission, and the members of a personnel board established under Article 110D to exercise any power over Division I officers;
[Act 28 of 2016 wef 01/04/2017]
(fa) a member of the Legal Service Commission, other than an ex-officio member referred to in Article 111(2)(a), (b) or (c), and the members of a personnel board established under Article 111AA;
[Act 28 of 2016 wef 01/04/2017]
(g) the Chief Valuer;
(h) the Auditor-General;
(i) the Accountant-General;
(j) the Chief of Defence Force;
(k) the Chiefs of the Air Force, Army and Navy;
(l) a member (other than an ex-officio member) of the Armed Forces Council established under the Singapore Armed Forces Act (Cap. 295);
(m) the Commissioner of Police; and
(n) the Director of the Corrupt Practices Investigation Bureau.
(2) [Deleted by Act 28 of 2016 wef 01/04/2017]
(3) [Deleted by Act 28 of 2016 wef 01/04/2017]

Appointment of members of statutory boards
22A.—(1) Notwithstanding any other provision of this Constitution —
(a) where the President is authorised by any written law to appoint the chairman, member or chief executive officer of any statutory board to which this Article applies, the President, acting in his discretion, may refuse to make any such appointment or to revoke such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is required to act; or
(b) in any other case, no appointment to the office of chairman, member or chief executive officer of any statutory board to which this Article applies and no revocation of such appointment shall be made by any appointing authority unless the President, acting in his discretion, concurs therewith.
(1A) [Deleted by Act 28 of 2016 wef 01/04/2017]
(1B) [Deleted by Act 28 of 2016 wef 01/04/2017]
(2) (a) The chairman or member of a statutory board to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment.
(b) Any appointment to the office of chairman, member or chief executive officer of a statutory board under clause (1) (b) or any revocation thereof shall be void if made without the concurrence of the President.
(3) This Article shall apply to the statutory boards specified in Part I of the Fifth Schedule.
(4) Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order published in the Gazette, add any other statutory board to Part I of the Fifth Schedule; and no statutory board shall be removed from that Part by any such order.
(5) No statutory board shall by order under clause (4) be added to Part I of the Fifth Schedule if the total value of the reserves of the statutory board on the date of making of such order is less than $500 million.
[Act 28 of 2016 wef 01/04/2017]

Budgets of statutory boards
22B.—(1) Every statutory board to which Article 22A applies shall —
(a) before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman and the chief executive officer of the statutory board whether the budget when implemented is likely to draw on the reserves which were not accumulated by the statutory board during the current term of office of the Government;
(b) present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and
(c) within 6 months after the close of that financial year, present to the President —
(i) a full and particular audited statement showing the revenue received and expenditure incurred by the statutory board during that financial year;
(ii) as far as practicable, an audited statement of the assets and liabilities of the statutory board at the end of that financial year; and
(iii) a declaration by the chairman and the chief executive officer of the statutory board whether the statements referred to in sub-paragraphs (i) and (ii) show any drawing on the reserves which were not accumulated by the statutory board during the current term of office of the Government.

(2) The President, acting in his discretion, may refuse to approve any budget or supplementary budget of any such statutory board if, in his opinion, the budget is likely to draw on reserves which were not accumulated by the statutory board during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published in the Gazette.
(3) Where by the first day of the financial year of such statutory board the President has not approved its budget for that financial year, the statutory board —
(a) shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and
(b) may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the statutory board for the preceding financial year,
and if the President does not approve the revised budget, the statutory board may during that financial year incur total expenditure not exceeding the amount provided in the approved budget of the statutory board for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.

(4) Any amount expended during a financial year under clause (3) (b) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.
(5) Nothing in this Article shall prevent the taking of any action by the Monetary Authority of Singapore in the management of the Singapore dollar; and a certificate under the hand of the chairman of the board of directors of the Monetary Authority of Singapore shall be conclusive evidence that any action was or was not taken for such purpose.
(6) It shall be the duty of every statutory board and its chief executive officer to which this Article applies to inform the President of any proposed transaction of the statutory board which is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government.
(7) Where the President has been so informed under clause (6) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette.
(8) Where after 30th November 1991 a statutory board is specified in Part I of the Fifth Schedule pursuant to an order made under Article 22A(4), any reference in this Article to the approved budget of a statutory board for the preceding financial year shall, in relation to the first-mentioned statutory board, be read as a reference to the budget for the financial year of the first-mentioned statutory board during which that order was made.
(9) For the purposes of this Article, a proposed transfer or transfer (whether by or under any written law or otherwise) by any statutory board to which this Article applies (referred to in this clause and clause (10) as the transferor board) of any of its reserves to —
(a) the Government;
(b) any Government company specified in Part II of the Fifth Schedule (referred to in this clause and clause (10) as the transferee company); or
(c) another such statutory board (referred to in this clause and clause (10) as the transferee board),
shall not be taken into account in determining whether the reserves accumulated by the transferor board before the current term of office of the Government are likely to be or have been drawn on if —
(i) in the case of a proposed transfer or transfer of reserves by a transferor board to the Government — the Minister responsible for finance undertakes in writing to add those reserves of the transferor board to the reserves accumulated by the Government before its current term of office;
(ii) in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor board shall be added to the reserves accumulated by the transferee company before the current term of office of the Government; or
(iii) in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the transferor board shall be added to the reserves accumulated by the transferee board before the current term of office of the Government.

(10) Any reserves transferred by a transferor board together with or under any undertaking, resolution or written law referred to in clause (9) shall be deemed to form part of the reserves accumulated by the Government, transferee company or (as the case may be) transferee board before the current term of office of the Government as follows:
(a) where the budget of the transferor board for any financial year provides for the proposed transfer of reserves and the budget is approved by the President — at the beginning of that financial year;
(b) where a supplementary budget of the transferor board provides for the proposed transfer and the supplementary budget is approved by the President — on the date of such approval by the President; or
(c) in any other case — on the date those reserves are so transferred.

Appointment of directors of Government companies
22C.—(1) Notwithstanding the provisions of the memorandum and articles of association of the company, the appointment or removal of any person as a director or chief executive officer of any Government company to which this Article applies shall not be made unless the President, acting in his discretion, concurs with such appointment or removal.
(1A) [Deleted by Act 28 of 2016 wef 01/04/2017]
(1B) [Deleted by Act 28 of 2016 wef 01/04/2017]
(2) (a) A director of a Government company to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment.
(b) Any appointment or removal of any director or chief executive officer of a Government company to which this Article applies without the concurrence of the President shall be void and of no effect.
(3) This Article shall apply to the Government companies specified in Part II of the Fifth Schedule.
(4) Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order published in the Gazette, add any other Government company to Part II of the Fifth Schedule; and no Government company shall be removed from that Part by any such order.
(5) No Government company shall by order under clause (4) be added to Part II of the Fifth Schedule unless on the date of making of such order —
(a) the value of the share holders’ funds of the company attributable to the Government’s interest in the company is worth $500 million or more; and
[Act 28 of 2016 wef 01/04/2017]
(b) it is not a subsidiary of any of the Government companies specified in Part II of the Fifth Schedule; and for the purposes of this paragraph, “subsidiary” shall have the same meaning as in the Companies Act (Cap. 50).

Budgets of Government companies
22D.—(1) The board of directors of every Government company to which Article 22C applies shall —
(a) before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the budget when implemented is likely to draw on the reserves which were not accumulated by the Government company during the current term of office of the Government;
(b) present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and
(c) within 6 months after the close of that financial year, present to the President —
(i) a full and particular audited profit and loss account showing the revenue collected and expenditure incurred by the Government company during that financial year, and an audited balance-sheet showing the assets and liabilities of the Government company at the end of that financial year; and
(ii) a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the audited profit and loss account and balance-sheet of the Government company show any drawing on the reserves which were not accumulated by the Government company during the current term of office of the Government.

(2) The President, acting in his discretion, may disapprove the budget or supplementary budget of any such Government company if, in his opinion, the budget is likely to draw on reserves which were not accumulated by that company during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published in the Gazette.
(3) Where by the first day of the financial year of such Government company the President has not approved its budget for that financial year, the Government company —
(a) shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and
(b) may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the Government company for the preceding financial year,
and if the President does not approve the revised budget, the Government company may during that financial year incur a total expenditure not exceeding the amount provided in the approved budget of the Government company for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.

(4) Any amount expended during a financial year under clause (3) (b) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.
(5) It shall be the duty of the board of directors and the chief executive officer of every Government company referred to in this Article to inform the President of any proposed transaction of the company which is likely to draw on the reserves accumulated by the company prior to the current term of office of the Government.
(6) Where the President has been so informed under clause (5) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the Government company prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette.
(7) Where after 30th November 1991 a Government company is specified in Part II of the Fifth Schedule pursuant to an order made under Article 22C(4), any reference in this Article to the approved budget of a Government company for the preceding financial year shall, in relation to the first-mentioned Government company, be read as a reference to the budget for the financial year of the first-mentioned Government company immediately preceding the making of that order.
(8) For the purposes of this Article, a proposed transfer or transfer by any Government company to which this Article applies (referred to in this clause and clause (9) as the transferor company) of any of its reserves to —
(a) the Government;
(b) any statutory board specified in Part I of the Fifth Schedule (referred to in this clause and clause (9) as the transferee board); or
(c) another such Government company (referred to in this clause and clause (9) as the transferee company),
shall not be taken into account in determining whether the reserves accumulated by the transferor company before the current term of office of the Government are likely to be or have been drawn on if —
(i) in the case of a proposed transfer or transfer of reserves by a transferor company to the Government — the Minister responsible for finance undertakes in writing to add those reserves of the transferor company to the reserves accumulated by the Government before its current term of office;
(ii) in the case of a proposed transfer or transfer of reserves by a transferor company to a transferee board — the transferee board by resolution resolves that those reserves of the transferor company shall be added to the reserves accumulated by the transferee board before the current term of office of the Government; or
(iii) in the case of a proposed transfer or transfer of reserves by a transferor company to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor company shall be added to the reserves accumulated by the transferee company before the current term of office of the Government.

(9) Any reserves transferred by a transferor company together with or under any undertaking or resolution referred to in clause (8) shall be deemed to form part of the reserves accumulated by the Government, transferee board or (as the case may be) transferee company before the current term of office of the Government as follows:
(a) where the budget of the transferor company for any financial year provides for the proposed transfer of reserves and the budget is approved by the President — at the beginning of that financial year;
(b) where a supplementary budget of the transferor company provides for the proposed transfer of reserves and the supplementary budget is approved by the President — on the date of such approval by the President; or
(c) in any other case — on the date those reserves are so transferred.

Moneys of the Central Provident Fund
22E. The President, acting in his discretion, may withhold his assent to any Bill passed by Parliament which provides, directly or indirectly, for varying, changing or increasing the powers of the Central Provident Fund Board to invest the moneys belonging to the Central Provident Fund.
President’s access to information
22F.—(1) In the exercise of his functions under this Constitution, the President shall be entitled, at his request, to any information concerning —
(a) the Government which is available to the Cabinet; and
(b) any statutory board or Government company to which Article 22A or 22C, as the case may be, applies which is available to the members of the statutory board or the directors of the Government company.
(2) The President may request —
(a) any Minister, or any senior officer of a Ministry or of a department of the Government; or
(b) the chief executive officer and any member of the governing board of any statutory board or the directors of any Government company to which Article 22A or 22C, as the case may be, applies,
to furnish any information referred to in clause (1) concerning the reserves of the Government, the statutory board or Government company, as the case may be, and the Minister, member, officer or director concerned shall be under a duty to provide the information.

Concurrence of President for certain investigations
22G. Notwithstanding that the Prime Minister has refused to give his consent to the Director of the Corrupt Practices Investigation Bureau to make any inquiries or to carry out any investigations into any information received by the Director touching upon the conduct of any person or any allegation or complaint made against any person, the Director may make such inquiries or carry out investigations into such information, allegation or complaint if the President, acting in his discretion, concurs therewith.
President may withhold assent to certain Bills
22H.—(1) The President may, acting in his discretion, in writing withhold his assent to any Bill (other than a Bill seeking to amend this Constitution), if the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution.
(2) The President, acting in accordance with the advice of the Cabinet, may pursuant to Article 100 (and whether before or after his assent has been withheld to a Bill under clause (1)), refer to a tribunal for its opinion the question whether the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution; and where such a reference is made to the tribunal, Article 100 shall apply, with the necessary modifications, to that reference.
(3) Where a reference is made to the tribunal and the tribunal is of the opinion that neither the Bill nor any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution, the President shall be deemed to have assented to the Bill on the day immediately after the day of the pronouncement of the opinion of the tribunal in open court.
(4) [Deleted by Act 28 of 2016 wef 01/04/2017]

Restraining order under Maintenance of Religious Harmony Act
22I. The President, acting in his discretion, may cancel, vary, confirm or refuse to confirm a restraining order made under the Maintenance of Religious Harmony Act (Cap. 167A) where the advice of the Cabinet is contrary to the recommendation of the Presidential Council for Religious Harmony.
Civil List and personal staff of President
22J.—(1) The Legislature shall by law provide a Civil List for the maintenance of the President.
(2) Any person exercising the functions of the office of President under Article 22N or 22O shall, during any period in which he exercises those functions, be entitled to such remuneration as the Legislature may by law provide.
(3) The Civil List for the maintenance of the President or any person exercising the functions of the office of President shall be charged on and paid out of the Consolidated Fund and shall not be diminished during the continuance in office of the President or that person.
(4) Subject to clause (5), the appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the President shall be matters for the President acting in his discretion.
(5) The President may, if he so desires, appoint to his personal staff such public officers as he may select, after consultation with the Prime Minister, from a list of names submitted by the Public Service Commission; and the provisions of clause (4) (except in so far as they relate to appointment) shall apply in relation to a person so appointed as respects his service on the personal staff of the President but not as respects his service as a public officer.
(6) The remuneration of the personal staff of the President, other than a person appointed under clause (5), shall be defrayed out of the Civil List for the maintenance of the President.

Immunity of President from suit
22K.—(1) Except as provided in clause (4), the President shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to be done by him in his official capacity.
(2) No proceedings in any court in respect of anything done or omitted to be done by the President in his private capacity shall be instituted against him during his term of office.
(3) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds office as President shall not be taken into account in calculating any period of time prescribed by that law.
(4) The immunity conferred by clause (1) shall not apply to —
(a) any inquiry held by a tribunal pursuant to a resolution passed by Parliament under Article 22L; or
(b) any proceedings before the Election Judge under Article 93A to determine the validity of any Presidential election.

Vacation of and removal from office of President
22L.—(1) The office of President shall become vacant —
(a) upon the death of the President;
(aa) if the President ceases to be a citizen of Singapore;
[Act 28 of 2016 wef 01/04/2017]
(b) if the President resigns his office by writing under his hand addressed to the Prime Minister;
(c) if the President is removed from office in accordance with clauses (3) to (7);
(d) if the Election Judge in the exercise of his powers under Article 93A determines that the election of the President was void and does not determine that any other person was duly elected as President; or
(e) if upon the expiration of the term of office of the incumbent the person declared elected as President fails to assume the office of President.
(2) [Deleted by Act 17/94]
(3) The Prime Minister or not less than one-quarter of the total number of Members of Parliament (excluding nominated Members) may give notice of a motion alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of —
(a) intentional violation of the Constitution;
(b) treason;
(c) misconduct or corruption involving the abuse of the powers of his office;
[Act 28 of 2016 wef 01/04/2017]
(d) any offence involving fraud, dishonesty or moral turpitude; or
[Act 28 of 2016 wef 01/04/2017]
(e) intentionally or knowingly making a materially false or misleading statement of fact, or intentionally or knowingly failing to state a material fact, to the Presidential Elections Committee for the purpose of demonstrating his eligibility to be elected as President,
[Act 28 of 2016 wef 01/04/2017]
and setting out full particulars of the allegations made and seeking an inquiry and report thereon.
[Act 28 of 2016 wef 01/04/2017]
(4) Where the motion referred to in clause (3) has been adopted by not less than half of the total number of Members of Parliament (excluding nominated Members), the Chief Justice shall appoint a tribunal to inquire into the allegations made against the President.
[Act 28 of 2016 wef 01/04/2017]
(5) A tribunal appointed by the Chief Justice shall consist of not less than 5 Judges of the Supreme Court of whom the Chief Justice shall be one, unless he otherwise decides and such tribunal may regulate its own procedure and make rules for that purpose.
(6) A tribunal shall, after due inquiry at which the President shall have the right to appear and to be heard in person or by counsel, make a report of its determination to the Speaker together with the reasons therefor.
(7) Where the tribunal reports to the Speaker that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, Parliament may by a resolution passed by not less than three-quarters of the total number of Members of Parliament (excluding nominated Members) remove the President from office.
[Act 28 of 2016 wef 01/04/2017]

Determination by Election Judge that President was not duly elected or election of President was void
22M.—(1) Where the Election Judge in the exercise of his jurisdiction under Article 93A determines —
(a) that the election of the President was void and does not determine that any other person was duly elected, then, a poll for the election of the President shall be taken not later than 6 months from the date of the determination; or
(b) that any other person was duly elected as President, then, such other person shall assume the office of President forthwith after the determination.
(2) Upon the Election Judge making any determination that the election of the President was void and no other person was duly elected as President, the person who immediately before such determination was exercising the functions of the office of President shall forthwith cease to exercise such functions.
(3) The exercise, performance and discharge by any person of the powers, duties and functions of the office of President shall not be invalid by reason only of the fact that the Election Judge subsequently determines that the election of such person as President was void or undue.

Persons to exercise functions of President when office is vacant
22N.—(1) If the office of President becomes vacant, the Chairman of the Council of Presidential Advisers or, if he is unavailable, the Speaker shall exercise the functions of the office of President during the period between the date the office of President becomes vacant and the assumption of office by the person declared elected as President.
(2) If neither the Chairman of the Council of Presidential Advisers nor the Speaker is available, Parliament may appoint a person in accordance with clause (3) to exercise the functions of the office of President during the period referred to in clause (1).
(3) Parliament shall not appoint any person to exercise the functions of the office of President under clause (2) unless the person is qualified to be elected as President.
(4) The provisions of this Chapter relating to immunity from suits shall apply in relation to any person exercising the functions of the office of President pursuant to this Article as if references to the President in those provisions were references to that person.
(5) Any person required or appointed to exercise the functions of the office of President pursuant to this Article or Article 22O shall, before exercising those functions, take and subscribe in the presence of the Chief Justice or another Judge of the Supreme Court the Oath of Office in the form set out in the First Schedule, except that neither the Chairman of the Council of Presidential Advisers nor the Speaker shall, during his term of office as such Chairman or as Speaker, be required to take such oath more than once in respect of occasions when he is required to exercise the functions of the office of President.

Temporary disability of President
22O.—(1) Subject to clause (2), if the President becomes temporarily unable, whether by reason of ill-health, absence from Singapore or otherwise, to perform his functions under this Constitution or any other written law, one of the persons referred to in Article 22N shall exercise the functions of the office of President during the period of temporary disability, and the provisions of Article 22N shall apply, with the necessary modifications, to that person.
(2) Parliament shall not appoint any person to exercise the functions of the office of President under this Article unless the President agrees to that person being so appointed.
(3) Clause (2) shall not apply if the President is unable for any reason to signify his agreement to a person being appointed under this Article to exercise the functions of the office of President.

Grant of pardon, etc.
22P.—(1) The President, as occasion shall arise, may, on the advice of the Cabinet —
(a) grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one;
(b) grant to any offender convicted of any offence in any court in Singapore, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the President may think fit, of the execution of any sentence pronounced on such offender; or
(c) remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law.
(2) Where any offender has been condemned to death by the sentence of any court and in the event of an appeal such sentence has been confirmed by the appellate court, the President shall cause the reports which are made to him by the Judge who tried the case and the Chief Justice or other presiding Judge of the appellate court to be forwarded to the Attorney-General with instructions that, after the Attorney-General has given his opinion thereon, the reports shall be sent, together with the Attorney-General’s opinion, to the Cabinet so that the Cabinet may advise the President on the exercise of the power conferred on him by clause (1).
[12/2004 wef 15/05/2004]

Chapter 2 — The Executive
Executive authority of Singapore
23.—(1) The executive authority of Singapore shall be vested in the President and exercisable subject to the provisions of this Constitution by him or by the Cabinet or any Minister authorised by the Cabinet.
(2) The Legislature may by law confer executive functions on other persons.

Cabinet
24.—(1) There shall be in and for Singapore a Cabinet which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with Article 25.
(2) Subject to the provisions of this Constitution, the Cabinet shall have the general direction and control of the Government and shall be collectively responsible to Parliament.

Appointment of Prime Minister and Ministers
25.—(1) The President shall appoint as Prime Minister a Member of Parliament who in his judgment is likely to command the confidence of the majority of the Members of Parliament, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the Members of Parliament:
Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof.

(2) Appointments under this Article shall be made by the President by instrument under the public seal.

Tenure of office of Prime Minister and Ministers
26.—(1) The President shall, by writing under the public seal, declare the office of Prime Minister vacant —
(a) if the Prime Minister resigns his office by writing under his hand addressed to the President; or
(b) if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the Members of Parliament:
Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve Parliament instead of making such a declaration.

(2) A Minister, other than the Prime Minister, shall vacate his office —
(a) if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the public seal; or
(b) if he resigns his office by writing under his hand addressed to the President.

(3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.
(4) (a) Whenever the Prime Minister is ill or absent from Singapore or has been granted leave of absence from his duties under Article 32, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorised by the President, by instrument under the public seal, in that behalf.
(b)The President may, by instrument under the public seal, revoke any authority given under this clause.
(c)The powers conferred upon the President by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister’s illness or absence, and in any other case shall be exercised by the President in accordance with the advice of the Prime Minister.

Oath
27. The Prime Minister and every other Minister shall, before entering on the duties of his office, take and subscribe before the President the Oath of Allegiance and the appropriate Oath for the due execution of his office in the forms set out in the First Schedule.
Summoning of and presiding in Cabinet
28.—(1) The Cabinet shall not be summoned except by the authority of the Prime Minister.
(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.

Validity of proceedings in Cabinet
29. Any proceedings in the Cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted therein or otherwise took part in the proceedings.
Assignment of responsibility to Ministers
30.—(1) The Prime Minister may, by directions in writing —
(a) charge any Minister with responsibility for any department or subject; and
(b) revoke or vary any directions given under this clause.
(2) The Prime Minister may retain in his charge any department or subject.

Parliamentary Secretaries
31.—(1) The President, acting in accordance with the advice of the Prime Minister, may by instrument under the public seal, appoint Parliamentary Secretaries from among the Members of Parliament to assist Ministers in the discharge of their duties and functions:
Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed a Parliamentary Secretary but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof.

(2) Article 26(2) and (3) and Article 27 shall apply to Parliamentary Secretaries as they apply to Ministers.

Leave of absence for Ministers and Parliamentary Secretaries
32. The President, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to the Prime Minister, to any other Minister and to any Parliamentary Secretary.
Disabilities of Ministers and Parliamentary Secretaries
33. A member of the Cabinet or Parliamentary Secretary shall not hold any office of profit and shall not actively engage in any commercial enterprise.
Permanent Secretaries
34.—(1) There shall be for each Ministry one or more Permanent Secretaries who shall be persons who are public officers.
(2) (a) Appointments to the office of Permanent Secretary shall be made by the President, acting in accordance with the advice of the Prime Minister, from a list of names submitted by the Public Service Commission.
(b) The responsibility for the allocation of each Permanent Secretary to a Ministry shall be vested in the Prime Minister.
(3) Every Permanent Secretary shall, subject to the general direction and control of the Minister, exercise supervision over the department or departments to which he is allocated.

Attorney-General
35.—(1) The office of Attorney-General is hereby constituted and appointments thereto shall be made by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, from among persons who are qualified for appointment as a Judge of the Supreme Court.
(2) When it is necessary to make an appointment to the office of Attorney-General otherwise than by reason of the death of the holder of that office or his removal from office under clause (6), the Prime Minister shall, before tendering advice to the President under clause (1), consult the person holding the office of Attorney-General or, if that office is then vacant, the person who has last vacated it, and the Prime Minister shall, in every case, before tendering such advice, consult the Chief Justice and the Chairman of the Public Service Commission.
(3) The Prime Minister shall not be obliged to consult any person under clause (2) if he is satisfied that by reason of the infirmity of body or mind of that person or for any other reason it is impracticable to do so.
(4) The Attorney-General may be appointed for a specific period and, if he was so appointed, shall, subject to clause (6), vacate his office (without prejudice to his eligibility for reappointment) at the expiration of that period, but, subject as aforesaid, shall otherwise hold office until he attains the age of 60 years:
Provided that —
(a) he may at any time resign his office by writing under his hand addressed to the President; and
(b) the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, may permit an Attorney-General who has attained the age of 60 years to remain in office for such fixed period as may have been agreed between the Attorney-General and the Government.

(5) Nothing done by the Attorney-General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.
(6) (a) The Attorney-General may be removed from office by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Attorney-General to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the Chief Justice and 2 other Judges of the Supreme Court nominated for that purpose by the Chief Justice.
(b)The tribunal constituted under this clause shall regulate its own procedure and may make rules for that purpose.
(7) It shall be the duty of the Attorney-General to advise the Government 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 or the Cabinet and to discharge the functions conferred on him by or under this Constitution or any other written law.
(8) The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence.
(9) In the performance of his duties, the Attorney-General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in Singapore.
(10) The Attorney-General shall be paid such remuneration and allowances as may from time to time be determined and such remuneration and allowances shall be charged on and paid out of the Consolidated Fund.
(11) Subject to this Article, the terms of service of the Attorney-General shall either —
(a) be prescribed in regulations made by the President and published in the Gazette; or
[Act 39 of 2014 wef 01/01/2015]
(b) (in so far as they are not determined by or under any such law) be determined by the President.

(11A) Regulations made under clause (11)(a) may provide that any gratuity payable in respect of service as the Attorney-General shall be charged on and paid out of the Consolidated Fund.
[Act 39 of 2014 wef 01/01/2015]
(12) The terms of service of the Attorney-General shall not be altered to his disadvantage during his continuance in office.
(13) For the purposes of clause (12), in so far as the terms of service of the Attorney-General depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted.

Deputy Attorneys-General
35A.—(1) The President may, on the advice of the Prime Minister, appoint one or more Deputy Attorneys-General from individuals who are eligible for appointment as the Attorney-General.
(2) Before tendering any advice to the President under clause (1), the Prime Minister must consult the Attorney-General and the Chairman of the Public Service Commission.
(3) However, the Prime Minister need not consult any person under clause (2) if he is satisfied that it is impracticable to do so because of the infirmity of body or mind of that person or for any other reason.
(4) A Deputy Attorney-General is, subject to the general direction and control of the Attorney-General, to perform such duties of the Attorney-General referred to in Article 35(7) or (8) as may be assigned by the Attorney-General, and shall be responsible to the Attorney-General for that due performance.
(5) In the performance of his duties, a Deputy Attorney-General has the right of audience in, and takes precedence over any person (other than the Attorney-General) appearing before, any court or tribunal in Singapore.
(6) A Deputy Attorney-General holds office —
(a) until the end of the specific period he is appointed for (without prejudice to re-appointment); or
(b) if no period is so specified, until he attains 60 years of age.

(7) The President may, on the advice of the Prime Minister, permit a Deputy Attorney-General who has attained the age of 60 years to remain in office for such fixed period as may be agreed between the Deputy Attorney-General and the Government.
(8) However, a Deputy Attorney-General may at any time earlier resign his office by writing under his hand addressed to the President or may be earlier removed under clause (9).
(9) A Deputy Attorney-General may be removed from office by the President on the advice of the Prime Minister.
(10) The Prime Minister may advise the President for the purposes of clause (9) only on the following grounds, with which a tribunal consisting of the Chief Justice and 2 other Judges of the Supreme Court nominated for that purpose by the Chief Justice must concur:
(a) the inability of the Deputy Attorney-General concerned to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause);
(b) any misbehaviour of the Deputy Attorney-General concerned.

(11) A Deputy Attorney-General is to be paid such remuneration and allowances as may from time to time be determined (all of which are charged on and paid out of the Consolidated Fund), and his terms of service are —
(a) to be prescribed in regulations made by the President and published in the Gazette; or
(b) to be determined by the President in so far as they are not determined by or under any such law.

(12) The terms of service of a Deputy Attorney-General must not be altered to his disadvantage during his continuance in office; and in so far as any of those terms of service depend upon his option, any terms that he opts for shall be taken to be more advantageous to him than any for which he might have opted.
(13) The tribunal referred to in clause (10) is to regulate its own procedure and may make rules for that purpose.
(14) To avoid doubt, nothing done by a Deputy Attorney-General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.
[Act 39 of 2014 wef 01/01/2015]

Secretary to Cabinet
36.—(1) The President, acting in accordance with the advice of the Prime Minister, may appoint a public officer to be the Secretary to the Cabinet.
(2) The Secretary to the Cabinet shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may from time to time direct.

Chapter 3 — Capacity as regards property, contracts and suits
Capacity of Government as regards property, contracts and suits
37.—(1) The Government shall have power to acquire, hold and dispose of property of any kind and to make contracts.
(2) The Government may sue and be sued.

PART VA
COUNCIL OF PRESIDENTIAL ADVISERS

Interpretation of this Part
37A. In this Part, unless the context otherwise requires —
“Chairman” means the Chairman of the Council;
“Council” means the Council of Presidential Advisers constituted under Article 37B;
“member” means a member of the Council and includes the Chairman and any alternate member appointed under Article 37C.

Council of Presidential Advisers
37B.—(1) The Council of Presidential Advisers is established and consists of 8 members.
[Act 28 of 2016 wef 01/04/2017]
(2) In order to ensure that appointments to the Council are made at regular 2-year intervals, the members of the Council are divided into the following divisions:
(a) the first division, consisting of the following members whose appointments expire on 1 June 2020 and every sixth year after that:
(i) a member appointed by the President acting in his discretion;
(ii) a member appointed by the President on the advice of the Prime Minister;
(iii) a member appointed by the President on the advice of the Chief Justice;

(b) the second division, consisting of the following members whose appointments expire on 1 June 2022 and every sixth year after that:
(i) a member appointed by the President acting in his discretion;
(ii) a member appointed by the President on the advice of the Prime Minister;
(iii) a member appointed by the President on the advice of the Chairman of the Public Service Commission;

(c) the third division, consisting of the following members whose appointments expire on 1 June 2024 and every sixth year after that:
(i) a member appointed by the President acting in his discretion;
(ii) a member appointed by the President on the advice of the Prime Minister.
[Act 28 of 2016 wef 01/04/2017]

(3) If the seat of a member falls vacant before the member’s appointment expires under clause (2) —
(a) the President may make another appointment to that seat in accordance with the provision of clause (2) under which the vacating member was appointed; and
(b) to avoid doubt, an appointment under paragraph (a) expires in accordance with the provision of clause (2) under which the vacating member was appointed.
[Act 28 of 2016 wef 01/04/2017]

(3A) The President, acting in his discretion, is to appoint a member of the Council to be the Chairman of the Council.
[Act 28 of 2016 wef 01/04/2017]
(4) When the Chairman exercises the functions of the office of the President under Article 22N or 22O, he —
(a) shall not act as the Chairman during the period he so exercises the functions of the office of President; and
(b) shall not take part in any proceedings of the Council during that period.

(5) Where the Chairman is temporarily unable, whether by illness, absence or any other reason (including disqualification under clause (4)), to take part in any proceedings of the Council for any period —
(a) he shall appoint a member (not being an alternate member) of the Council to act as Chairman for that period; and
(b) the alternate member selected under Article 37C(3) to act in place of the member referred to in paragraph (a) shall perform that member’s functions during that same period.

Alternate members
37C.—(1) The President may, in accordance with this Article, appoint persons to be alternate members to act in place of members (other than the Chairman) appointed under Article 37B(2) while any such member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman.
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(2) For the purposes of making an appointment under clause (1), the President —
(a) shall, acting in his discretion, appoint one person as an alternate member; and
(b) shall request that the Prime Minister, after consulting the Chief Justice and the Chairman of the Public Service Commission, nominate one other person to be an alternate member, and upon such nomination, shall appoint the person so nominated as another alternate member.

(3) Whenever any member appointed under Article 37B(2) (other than the Chairman) —
(a) is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council; or
(b) is appointed under Article 37B(5)(a) to act as the Chairman,
an alternate member to act in place of that member shall be selected from among the persons appointed under clause (2) —
(i) by the President, acting in his discretion, if the member concerned is appointed under Article 37B(2)(a)(i), (b)(i) or (c)(i);
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(ii) by the Prime Minister, if the member concerned is appointed under Article 37B(2)(a)(ii), (b)(ii) or (c)(ii); or
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(iii) by the Chief Justice or Chairman of the Public Service Commission, as the case may be, if the member concerned is appointed under Article 37B(2)(a)(iii) or (b)(iii), respectively.
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(4) A person may be appointed to be an alternate member under clause (2) if, and only if, the person is qualified under Article 37D and not disqualified under Article 37E.
(5) Every alternate member shall be appointed under clause (2) for a term of 4 years, and shall hold office as such for such a term unless the alternate member earlier —
(a) resigns in writing addressed to the Chairman;
(b) ceases to be a citizen of Singapore; or
(c) becomes subject to any disqualification referred to in Article 37E.

(6) The alternate member who is selected under clause (3) to act in place of a member shall act in place of and perform the functions of the member (but not as the Chairman) only when the member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman, and the alternate member —
(a) may act in place of and perform the functions of the member in relation to any matter, even though that member is disqualified in relation to that matter; and
(b) while so acting, shall have and may exercise all the powers and duties of that member.

(7) The appointment of a person as an alternate member may be terminated at any time by the President —
(a) acting in his discretion, if the alternate member is appointed under clause (2)(a); or
(b) acting on the advice of the Prime Minister (which shall be given only after consulting with the Chief Justice and the Chairman of the Public Service Commission), if the alternate member is appointed under clause (2)(b) on the nomination of the Prime Minister.

Qualifications of members and considerations in appointing members
37D.—(1) No person shall be qualified to be appointed as a member unless he —
(a) is a citizen of Singapore;
(b) is not less than 35 years of age;
(c) is a resident of Singapore; and
(d) is not liable to any of the disqualifications referred to in Article 37E.
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(2) The following matters are to be considered by the President before he acts in his discretion to appoint a person as a member, and also by the Prime Minister, Chief Justice and the Chairman of the Public Service Commission before advising the President to appoint a person as a member:
(a) whether the person is a person of integrity, good character and reputation;
(b) whether the person has expertise and experience relevant to the matters on which the Council is required, or may be asked, to advise and make recommendations to the President.
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Disqualifications of members
37E. A person shall be disqualified for appointment as a member if he —
(a) is or has been found or declared to be of unsound mind;
(b) is insolvent or an undischarged bankrupt; or
(c) has been convicted of an offence by a court of law in Singapore or a foreign country and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:
Provided that where the conviction is by a court in a foreign country, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore.

Termination of membership
37F.—(1) The Chairman shall vacate the office of Chairman of the Council when a newly elected President assumes office during the term of appointment of the Chairman.
(2) A member shall vacate his seat in the Council —
(a) if he ceases to be a citizen of Singapore;
(b) if, by writing under his hand addressed to the Chairman, he resigns his seat; or
(c) if he becomes subject to any of the disqualifications referred to in Article 37E.

Determination of questions as to membership
37G.—(1) Any question as to the validity of the appointment of a member or whether any person has vacated his seat as a member of the Council shall be referred to and determined by a tribunal consisting of a Judge of the Supreme Court appointed by the Chief Justice and 2 other persons appointed by the Council.
(2) Any tribunal constituted under clause (1) shall —
(a) sit in private;
(b) afford the person concerned adequate opportunity to call witnesses and be heard; and
(c) report its decision to the Chairman.

(3) The decision of the tribunal shall be final and shall not be questioned in any court.

Oaths of Allegiance and Secrecy
37H.—(1) Before any person who has been appointed Chairman or a member enters upon the duties of his office, he shall take and subscribe before a Judge of the Supreme Court the Oath of Allegiance and the Oath of Secrecy in the forms set out respectively in paragraphs 2 and 8 in the First Schedule.
(2) Clause (1) shall also apply where an alternate member appointed under Article 37C is selected under Article 37C(3) to act in place of and perform the functions of a member appointed under Article 37B(2), except that an alternate member need not be required, during his term of office as an alternate member, to take such an oath more than once in respect of the occasions when he is so selected to act.
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Function of Council
37I. It shall be the function of the Council to advise and make recommendations to the President on any matter referred to the Council by the President under this Constitution.
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President’s general duty to consult Council
37IA.—(1) The President must consult the Council before exercising any discretionary power conferred on him by this Constitution, except the discretionary powers mentioned in clause (2).
(2) The President may (but need not) consult the Council before exercising —
(a) the President’s discretionary powers under Articles 22G, 22I and 151(4);
(b) the President’s discretionary powers under this Part; or
(c) the following discretionary powers:
(i) the President’s discretion under Article 22J in relation to his personal staff and the use of the Civil List;
(ii) appointing the Prime Minister in accordance with Article 25(1);
(iii) declaring under Article 26(1)(b) that the office of Prime Minister is vacant;
(iv) authorising a Minister to exercise the Prime Minister’s functions under Article 26(4)(c);
(v) dissolving Parliament under Article 26(1)(b) or 65(2) or (3);
(vi) granting leave of absence to the Chief Justice under Article 98(10).
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President to immediately refer to Council certain cases concerning veto powers
37IB. Without limiting Article 37IA, the President must immediately refer to the Council for its recommendation —
(a) any case where the President’s assent, concurrence or approval is sought and which the President is required to consult the Council under Article 37IA(1); and
(b) any proposed transaction that the President is informed of under Article 22B(6), 22D(5) or 148G(1).
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Referred cases — time limit for Council to make recommendation
37IC.—(1) Subject to clauses (2) and (3), the Council must give its recommendation in a case referred to it under Article 37IB —
(a) if the President is required by Article 21A(2)(a) to signify his decision in the case within 30 days, within 15 days after the case is referred to the Council; and
(b) if the President is required by Article 21A(2)(b) to signify his decision in the case within 6 weeks, within 3 weeks after the case is referred to the Council.
(2) If the Prime Minister issues a certificate of urgency to the President under Article 21A(3)(a) for any case referred to the Council under Article 37IB —
(a) the President must immediately inform the Council of the certificate; and
(b) the Council must give its recommendation to the President by whichever of the following time limits ends earlier:
(i) the time limit in clause (1), including any extension under clause (3);
(ii) at least 5 days before the date on which the President is required by the certificate to signify his decision.

(3) The President may, acting in his discretion, extend the time limit in clause (1) for any case referred to the Council under Article 37IB, but any extension does not have effect, or if granted ceases to have effect, to the extent that it allows the Council to give its recommendation less than 5 days before the date on which the President is required to signify his decision under Article 21A.
(4) If in any case the Council fails to give its recommendation within the time limit in this Article, the Council is deemed to have recommended that the President —
(a) give the assent, concurrence or approval that was sought; or
(b) not disapprove the proposed transaction under Article 22B(7), 22D(6) or 148G(2),
as the case may be.
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Referred cases — matters to be stated in Council’s recommendation, etc.
37ID. In a case referred to the Council under Article 37IB, the Council’s recommendation to the President must state —
(a) whether the Council’s recommendation is unanimous and if not, the number of votes for and against the recommendation; and
(b) the grounds for the Council’s recommendation.
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Referred cases — Prime Minister to receive President’s grounds and Council’s recommendation if President exercises veto, etc.
37IE.—(1) This Article applies if, in a case referred to the Council under Article 37IB, the President acts in his discretion to —
(a) refuse to give the assent, concurrence or approval that was sought; or
(b) disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2).
(2) If this Article applies —
(a) the President must certify the grounds for his decision to the Prime Minister and send the Council’s recommendation to the Prime Minister;
(b) in a case where the President withholds his assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill —
(i) the President must publish in the Gazette the grounds certified under paragraph (a); and
(ii) the President must send the recommendation of the Council in relation to the Bill to the Speaker, who must present the recommendation to Parliament; and

(c) in a case where the President disapproves the budget, supplementary budget or revised budget of, or a proposed transaction by, an entity specified in the Fifth Schedule, the President must send the grounds certified under paragraph (a) and the recommendation of the Council to —
(i) in the case of a statutory board, the chairman of the statutory board; and
(ii) in the case of a Government company, the chairman of the board of directors of the company.
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Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation
37IF.—(1) Parliament may, by resolution, overrule the President, if —
(a) in a case referred to the Council under Article 37IB, the President acts in his discretion to —
(i) refuse to give the assent, concurrence or approval that was sought; or
(ii) disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2); and

(b) the President’s decision was made contrary to the Council’s recommendation.
(2) A resolution under clause (1) —
(a) may only be passed on a motion for which notice has been given by a Minister;
(b) except where the resolution seeks to overrule the President’s withholding of assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill, may only be moved after the Government —
(i) causes the President’s grounds for the decision sought to be overruled, as certified under Article 37IE(2)(a), to be published in the Gazette; and
(ii) sends the recommendation of the Council in relation to that decision to the Speaker, who must present the recommendation to Parliament; and

(c) must be passed by no less than two-thirds of the total number of Members of Parliament (excluding nominated Members).

(3) Despite clause (1) —
(a) a refusal by the President to approve a budget, revised budget or supplementary budget of an entity specified in the Fifth Schedule; and
(b) a decision by the President to disapprove under Article 22B(7) or 22D(6) a proposed transaction by an entity specified in the Fifth Schedule,
cannot be overruled unless the chairman of the entity or the chairman of the board of directors of the entity (as the case may be) has made a request to the Cabinet for a resolution under clause (1) to be moved with respect to the refusal or the decision.

(4) If Parliament overrules the President under clause (1), the President is deemed —
(a) to have, on the date the overruling resolution was passed, given the assent, concurrence or approval that was sought; or
(b) never to have disapproved of the proposed transaction under Article 22B(7), 22D(6) or 148G(2),
as the case may be.

(5) This Article does not apply to the President’s discretionary powers under Articles 5A, 5B, 5C* and 22H.
* Articles 5A, 5B and 5C are not in operation.
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Quorum and voting
37IG.—(1) The Council must not transact any business unless a quorum of 5 members, including the Chairman or the member appointed under Article 37B(5)(a) to act as the Chairman, is present.
(2) Any recommendation or decision of the Council must be made by a majority of members present and voting.
(3) If on any question before the Council the members are equally divided, the Chairman has a casting vote in addition to his original vote.
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Proceedings of Council
37J.—(1) The proceedings of the Council shall be conducted in private and the Council may require any public officer or any officer of any statutory board or Government company to appear before the Council and to give such information in relation to any matter referred to the Council by the President and such officer shall not disclose or divulge to any person any matter which has arisen at any meeting of the Council unless he is expressly authorised to do so by the President.
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(2) [Deleted by Act 28 of 2016 wef 01/04/2017]
(2A) [Deleted by Act 28 of 2016 wef 01/04/2017]
(2B) [Deleted by Act 28 of 2016 wef 01/04/2017]
(3) Subject to the provisions of this Constitution, the Council may make rules with respect to the regulation and conduct of its proceedings and the despatch of its business.
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37K. [Repealed by Act 28 of 2016 wef 01/04/2017]
Fees
37L.—(1) There shall be paid to the Chairman and the other members of the Council such fees as may be determined by the President.
(2) The fees payable under clause (1) shall be charged on and paid out of the Consolidated Fund and shall not be diminished during the continuance in office of the Chairman and the members of the Council.

Appointment of staff
37M. The Council shall have power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions.

PART VI
THE LEGISLATURE
Legislature of Singapore
38. The legislative power of Singapore shall be vested in the Legislature which shall consist of the President and Parliament.
Parliament
39.—(1) Parliament shall consist of —
(a) such number of elected Members as is required to be returned at a general election by the constituencies prescribed by or under any law made by the Legislature;
(b) such other Members, not exceeding 12 in number, who shall be known as non-constituency Members, as the Legislature may provide in any law relating to Parliamentary elections to ensure the representation in Parliament of a minimum number of Members from a political party or parties not forming the Government; and
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(c) such other Members not exceeding 9 in number, who shall be known as nominated Members, as may be appointed by the President in accordance with the provisions of the Fourth Schedule.
(2) A nominated Member shall not vote in Parliament on any motion pertaining to —
(a) a Bill to amend the Constitution;
(b) a Supply Bill, Supplementary Supply Bill or Final Supply Bill;
(c) a Money Bill as defined in Article 68;
(d) a vote of no confidence in the Government;
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(e) removing the President from office under Article 22L; and
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(f) any question on which nominated Members are excluded by this Constitution from the number of Members required for an affirmative decision.
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(3) In this Article and in Articles 39A and 47, a constituency shall be construed as an electoral division for the purposes of Parliamentary elections.
(4) If any person who is not a Member of Parliament is elected as Speaker or Deputy Speaker, he shall, by virtue of holding the office of Speaker or Deputy Speaker, be a Member of Parliament in addition to the Members aforesaid, except for the purposes of Chapter 2 of Part V and of Article 46.

Group representation constituencies
39A.—(1) The Legislature may, in order to ensure the representation in Parliament of Members from the Malay, Indian and other minority communities, by law make provision for —
(a) any constituency to be declared by the President, having regard to the number of electors in that constituency, as a group representation constituency to enable any election in that constituency to be held on a basis of a group of not less than 3 but not more than 6 candidates; and
(b) the qualifications, in addition to those in Article 44, of persons who may be eligible for any election in group representation constituencies, including the requirements referred to in clause (2).
(2) Any law made under clause (1) shall provide for —
(a) the President to designate every group representation constituency —
(i) as a constituency where at least one of the candidates in every group shall be a person belonging to the Malay community; or
(ii) as a constituency where at least one of the candidates in every group shall be a person belonging to the Indian or other minority communities;

(b) the establishment of —
(i) a committee to determine whether a person desiring to be a candidate belongs to the Malay community; and
(ii) a committee to determine whether a person desiring to be a candidate belongs to the Indian or other minority communities,
for the purpose of any election in group representation constituencies;

(c) all the candidates in every group to be either members of the same political party standing for election for that political party or independent candidates standing as a group;
(d) the minimum and maximum number of Members to be returned by all group representation constituencies at a general election; and
(e) the number of group representation constituencies to be designated under paragraph (a)(i).

(3) No provision of any law made pursuant to this Article shall be invalid on the ground of inconsistency with Article 12 or be considered to be a differentiating measure under Article 78.
(4) In this Article —
“election” means an election for the purpose of electing a Member of Parliament;
“group” means a group of not less than 3 but not more than 6 candidates nominated for any election in any group representation constituency;
“person belonging to the Malay community” means any person, whether of the Malay race or otherwise, who considers himself to be a member of the Malay community and who is generally accepted as a member of the Malay community by that community;
“person belonging to the Indian or other minority communities” means any person of Indian origin who considers himself to be a member of the Indian community and who is generally accepted as a member of the Indian community by that community, or any person who belongs to any minority community other than the Malay or Indian community.

Speaker
40.—(1) When Parliament first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be Speaker, and, whenever the office of Speaker is vacant otherwise than by reason of a dissolution of Parliament, shall not transact any business other than the election of a person to fill that office.
(2) The Speaker may be elected, in such manner as Parliament may from time to time decide, either from among the Members of Parliament who are neither Ministers nor Parliamentary Secretaries or from among persons who are not Members of Parliament:
Provided that a person who is not a Member of Parliament shall not be elected as Speaker if, under any of the provisions of this Constitution, he is not qualified for election as a Member of Parliament.

(3) Upon the Speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with Article 61) take and subscribe before Parliament the Oath of Allegiance in the form set out in the First Schedule.
(4) The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of Parliament, and shall vacate his office —
(a) when Parliament first meets after a general election;
(b) in the case of a Speaker elected from among the Members of Parliament, if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister or a Parliamentary Secretary; or
(c) in the case of a Speaker elected from among persons who are not Members of Parliament, if any circumstance arises that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)(a) or (e).

Remuneration of Speaker
41. The Speaker shall be paid such salary as Parliament may from time to time determine, and that salary, which is hereby charged on the Consolidated Fund, shall not be diminished during his continuance in office.
Deputy Speaker
42.—(1) Parliament shall from time to time elect 2 Deputy Speakers; and whenever the office of a Deputy Speaker is vacant otherwise than by reason of a dissolution of Parliament, Parliament shall, as soon as convenient, elect a person to that office.
(2) (a) A Deputy Speaker may be elected, in such manner as Parliament may from time to time decide, either from among the Members of Parliament who are neither Ministers nor Parliamentary Secretaries or from among persons who are not Members of Parliament:
Provided that a person who is not a Member of Parliament shall not be elected as Deputy Speaker if, under any of the provisions of this Constitution, he is not qualified for election as a Member of Parliament.

(b) Upon a Deputy Speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with Article 61) take and subscribe before Parliament the Oath of Allegiance in the form set out in the First Schedule.
(c) A Deputy Speaker may at any time resign his office, by writing under his hand addressed to the Clerk of Parliament, and shall vacate his office —
(i) when Parliament first meets after a general election;
(ii) in the case of a Deputy Speaker elected from among the Members of Parliament, if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister or a Parliamentary Secretary; or
(iii) in the case of a Deputy Speaker elected from among persons who are not Members of Parliament, if any circumstance arises that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)(a) or (e).

(3) A Deputy Speaker shall be paid such salary or allowance as Parliament may from time to time determine, and that salary or allowance, which is hereby charged on the Consolidated Fund, shall not be diminished during his continuance in office.

Performance of functions of Speaker
43. The functions conferred by this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from a sitting of Parliament or is otherwise unable to perform those functions, be performed by a Deputy Speaker, or if there be no Deputy Speaker or if he is likewise absent or unable to perform those functions, by some other person to be elected by Parliament for the purpose.
Qualifications for membership of Parliament
44.—(1) Members of Parliament shall be persons qualified for election or for appointment in accordance with the provisions of this Constitution and elected in the manner provided by or under any law for the time being in force in Singapore or appointed in accordance with the provisions of the Fourth Schedule.
(2) A person shall be qualified to be elected or appointed as a Member of Parliament if —
(a) he is a citizen of Singapore;
(b) he is of the age of 21 years or above on the day of nomination;
(c) his name appears in a current register of electors;
(d) he is resident in Singapore at the date of his nomination for election and has been so resident for periods amounting in the aggregate to not less than 10 years prior to that date;
(e) he is able, with a degree of proficiency sufficient to enable him to take an active part in the proceedings of Parliament, to speak and, unless incapacitated by blindness or other physical cause, to read and write at least one of the following languages, that is to say, English, Malay, Mandarin and Tamil; and
(f) he is not disqualified from being a Member of Parliament under Article 45.

(3) Any question whether any person possesses the qualifications mentioned in clause (2)(e) shall be determined in such manner as may be prescribed by or under any law for the time being in force in Singapore or, in so far as not so prescribed, as may be provided by order made by the President and published in the Gazette.

Disqualifications for membership of Parliament
45.—(1) Subject to this Article, a person shall not be qualified to be a Member of Parliament who —
(a) is and has been found or declared to be of unsound mind;
(b) is an undischarged bankrupt;
(c) holds an office of profit;
(d) having been nominated for election to Parliament or the office of President or having acted as election agent to a person so nominated, has failed to lodge any return of election expenses required by law within the time and in the manner so required;
(e) has been convicted of an offence by a court of law in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:
Provided that where the conviction is by a court of law in Malaysia, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore;

(f) has voluntarily acquired the citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country; or
(g) is disqualified under any law relating to offences in connection with elections to Parliament or the office of President by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence.
(2) The disqualification of a person under clause (1)(d) or (e) may be removed by the President and shall, if not so removed, cease at the end of 5 years beginning from the date on which the return mentioned in clause (1)(d) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in clause (1)(e) was released from custody or the date on which the fine mentioned in clause (1)(e) was imposed on such person; and a person shall not be disqualified under clause (1)(f) by reason only of anything done by him before he became a citizen of Singapore.
(3) In clause (1)(f), “foreign country” does not include any part of the Commonwealth or the Republic of Ireland.

Tenure of office of Members
46.—(1) Every Member of Parliament shall cease to be a Member at the next dissolution of Parliament after he has been elected or appointed, or previously thereto if his seat becomes vacant, under the provisions of this Constitution.
(2) The seat of a Member of Parliament shall become vacant —
(a) if he ceases to be a citizen of Singapore;
(b) if he ceases to be a member of, or is expelled or resigns from, the political party for which he stood in the election;
(c) if, by writing under his hand addressed to the Speaker, he resigns his seat in Parliament;
(d) if during 2 consecutive months in each of which sittings of Parliament (or any committee of Parliament to which he has been appointed) are held, he is absent from all such sittings without having obtained from the Speaker before the termination of any such sitting permission to be or to remain absent therefrom;
(e) if he becomes subject to any of the disqualifications specified in Article 45;
(f) if he is expelled from Parliament in the exercise of its power of expulsion; or
(g) if being a nominated Member, his term of service as such a Member expires.

(2A) A non-constituency Member of Parliament shall vacate his seat as such a Member if he is subsequently elected as a Member of Parliament for any constituency.
(2B) A nominated Member of Parliament shall vacate his seat as such a Member —
(a) if he stands as a candidate for any political party in an election; or
(b) if, not being a candidate referred to in paragraph (a), he is elected as a Member of Parliament for any constituency.

(3) Any person whose seat in Parliament has become vacant may, if qualified, again be elected or appointed as a Member of Parliament from time to time.
(4) If any Member of Parliament becomes subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g) because he is —
(a) adjudged or otherwise declared a bankrupt;
(b) adjudged or otherwise declared to be of unsound mind;
(c) convicted of an offence by a court of law in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000; or
(d) convicted or is proven guilty of an act constituting any offence in connection with elections to Parliament,
and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), the Member shall immediately cease to be entitled to sit or vote in Parliament or any committee thereof but, subject to clauses (6) and (7), he shall not vacate his seat until the end of a period of 180 days beginning with the date of the adjudication, declaration or conviction, as the case may be.

(5) A Member of Parliament shall vacate his seat if, at the end of the period of 180 days referred to in clause (4), he continues to be subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g).
(6) Notwithstanding clause (5), where on the determination of any such appeal the Member of Parliament continues to be subject to any disqualification specified in Article 45(1)(a) or (b) and —
(a) no further appeal is open to him; or
(b) by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason it ceases to be open for the Member to appeal,
the Member shall then immediately vacate his seat even if the period of 180 days has not lapsed.

(7) Where, at any time before the end of the period of 180 days referred to in clause (4), the Member of Parliament ceases to be subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g) by reason of any pardon, any final determination of an appeal or otherwise, he shall be entitled to resume sitting or voting in Parliament or any committee thereof on the day immediately after he ceases to be so disqualified.
(8) For the avoidance of doubt, clauses (4) to (7) —
(a) shall not apply for the purpose of any nomination, election or appointment to be a Member of Parliament, and any disqualifying event referred to in Article 45 shall take effect immediately on the occurrence of the event for the purposes of such nomination, election or appointment; and
(b) shall not operate to extend the term of service of a nominated Member beyond the period prescribed in the Fourth Schedule.

Provision against double membership
47. A person shall not be at the same time a Member of Parliament for more than one constituency.
Decision on questions as to disqualification
48. Any question whether —
(a) any Member of Parliament has vacated his seat therein; or
(b) in the case of any person who has been elected as Speaker or Deputy Speaker from among persons who are not Members of Parliament, any circumstance has arisen that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)(a) or (e),
shall be determined by Parliament whose decision shall be final:
Provided that this Article shall not be taken to prevent the practice of Parliament postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

Filling of vacancies
49.—(1) Whenever the seat of a Member, not being a non-constituency Member, has become vacant for any reason other than a dissolution of Parliament, the vacancy shall be filled by election in the manner provided by or under any law relating to Parliamentary elections for the time being in force.
(2) The Legislature may by law provide for —
(a) the vacating of a seat of a non-constituency Member in circumstances other than those specified in Article 46;
(b) the filling of vacancies of the seats of non-constituency Members where such vacancies are caused otherwise than by a dissolution of Parliament.

Penalty for unqualified persons sitting or voting in Parliament
50.—(1) Any person who sits or votes in Parliament, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding $200 for each day on which he so sits or votes.
(2) The said penalty shall be recoverable by action in the High Court at the suit of the Attorney-General.

Staff of Parliament
51.—(1) The staff of Parliament shall consist of a Clerk of Parliament and such other officers as may from time to time be appointed under Part IX to assist him.
(2) The Clerk of Parliament shall be appointed by the President after consultation with the Speaker and the Public Service Commission.
(3) The Clerk of Parliament may at any time resign his office by writing under his hand addressed to the Speaker and, subject to clause (4), may be removed from office by the President after consultation with the Speaker.
(4) The Clerk of Parliament shall not be removed from office under clause (3) unless Parliament, by a resolution which has received the affirmative votes of not less than two-thirds of all the Members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.
(5) The staff of Parliament shall not be eligible for promotion or transfer to any other office in the public service without the consent of the Speaker.
(6) Subject to Article 159, the terms of service of the staff of Parliament may be determined by Parliament after receiving the advice of a Commission consisting of the following persons, that is to say:
(a) the Speaker, as Chairman;
(b) not more than 3 Ministers nominated by the Prime Minister, of whom one shall be the Minister responsible for finance; and
(c) a member of the Public Service Commission.

Standing Orders
52. Subject to the provisions of this Constitution, Parliament may, from time to time, make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business.
Use of languages in Parliament
53. Until the Legislature otherwise provides, all debates and discussions in Parliament shall be conducted in Malay, English, Mandarin or Tamil.
Presiding in Parliament
54. The Speaker shall preside at each sitting of Parliament.
Validity of proceedings of Parliament
55. Parliament shall not be disqualified for the transaction of business by reason of any vacancy among the Members thereof, including any vacancy not filled when Parliament is first constituted or is reconstituted at any time; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in Parliament or otherwise took part in the proceedings.
Quorum
56. If objection is taken by any Member present that there are present (besides the Speaker or other Member presiding) fewer than one-quarter of the total number of Members and, after such interval as may be prescribed in the Standing Orders of Parliament, the Speaker or other Member presiding ascertains that the number of Members present is still less than one-quarter of the total number of Members, he shall thereupon adjourn Parliament.
Voting
57.—(1) Subject to this Constitution, all questions proposed for decision in Parliament shall be determined by a majority of the votes of the Members present and voting; and if, upon any question before Parliament, the votes of the Members are equally divided, the motion shall be lost.
(2) If the Speaker has been elected from among persons who are not Members of Parliament, he shall not vote, but subject to this provision, the Speaker or other person presiding shall have an original vote but no casting vote.

Exercise of legislative power
58.—(1) Subject to the provisions of Part VII, the power of the Legislature to make laws shall be exercised by Bills passed by Parliament and assented to by the President.
(2) A Bill shall become law on being assented to by the President and such law shall come into operation on the date of its publication in the Gazette or, if it is enacted either in such law or in any other law for the time being in force in Singapore that it shall come into operation on some other date, on that date.

Introduction of Bills
59.—(1) Subject to the provisions of this Constitution and of Standing Orders of Parliament, any Member may introduce any Bill or propose any motion for debate in, or may present any petition to, Parliament, and the same shall be debated and disposed of according to the Standing Orders of Parliament.
(2) A Bill or an amendment making provision (directly or indirectly) for —
(a) imposing or increasing any tax or abolishing, reducing or remitting any existing tax;
(b) the borrowing of money, or the giving of any guarantee, by the Government, or the amendment of the law relating to the financial obligations of the Government;
(c) the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge;
(d) the payment of moneys into the Consolidated Fund or the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal; or
(e) the receipt of any moneys on account of the Consolidated Fund or the custody or issue of such moneys,
being provision as respects which the Minister responsible for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the Bill or amendment, shall not be introduced or moved except on the recommendation of the President signified by a Minister.

(3) A Bill or an amendment shall not be deemed to make provision for any of the said matters by reason only that it provides for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered.

Words of enactment of laws
60. In every Bill presented for assent, the words of enactment shall be as follows:
“Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:”.

Oath of Allegiance
61. No Member of Parliament shall be permitted to take part in the proceedings thereof (other than proceedings necessary for the purpose of this Article) until he has taken and subscribed before Parliament the Oath of Allegiance in the form set out in the First Schedule:
Provided that the election of a Speaker may take place before the Members of Parliament have taken and subscribed such Oath.

Address by President
62. The President may address Parliament and may send messages thereto.
Privileges of Parliament
63. It shall be lawful for the Legislature by law to determine and regulate the privileges, immunities or powers of Parliament.
Sessions of Parliament
64.—(1) There shall be a session of Parliament once at least in every year and a period of 6 months shall not intervene between the last sitting of Parliament in any one session and the first sitting thereof in the next session.
(2) The sessions of Parliament shall be held in such places and shall commence at such times as the President may, from time to time, by Proclamation in the Gazette, appoint.

Prorogation and dissolution of Parliament
65.—(1) The President may, at any time, by Proclamation in the Gazette, prorogue Parliament.
(2) If, at any time, the office of Prime Minister is vacant, the President shall, by Proclamation in the Gazette, dissolve Parliament as soon as he is satisfied, acting in his discretion, that a reasonable period has elapsed since that office was last vacated and that there is no Member of Parliament likely to command the confidence of a majority of the Members thereof.
(3) The President may, at any time, by Proclamation in the Gazette, dissolve Parliament if he is advised by the Prime Minister to do so, but he shall not be obliged to act in this respect in accordance with the advice of the Prime Minister unless he is satisfied that, in tendering that advice, the Prime Minister commands the confidence of a majority of the Members of Parliament.
(3A) The President shall not dissolve Parliament after a notice of motion proposing an inquiry into the conduct of the President has been given under Article 22L(3) unless —
(a) a resolution is not passed pursuant to the notice of such motion under Article 22L(4);
(b) where a resolution has been passed pursuant to the notice of such motion under Article 22L(4), the tribunal appointed under Article 22L(5) determines and reports that the President has not become permanently incapable of discharging the functions of his office or that the President has not been guilty of any of the other allegations contained in such motion;
(c) the consequent resolution for the removal of the President is not passed under Article 22L(7); or
(d) Parliament by resolution requests the President to dissolve Parliament.

(4) Parliament, unless sooner dissolved, shall continue for 5 years from the date of its first sitting and shall then stand dissolved.

General elections
66. There shall be a general election at such time, within 3 months after every dissolution of Parliament, as the President shall, by Proclamation in the Gazette, appoint.
Remuneration of Members
67. The Legislature may by law make provision for the remuneration of Members of Parliament.

PART VII
THE PRESIDENTIAL COUNCIL FOR MINORITY RIGHTS
Interpretation of this Part
68. In this Part, unless the context otherwise requires —
“adverse report” means a report of the Council stating that, in the opinion of the Council, some specified provision of a Bill or of a subsidiary legislation would be a differentiating measure;
“Chairman” means the Chairman of the Council;
“Council” means the Presidential Council for Minority Rights established under Article 69;
“differentiating measure” means any measure which is, or is likely in its practical application to be, disadvantageous to persons of any racial or religious community and not equally disadvantageous to persons of other such communities, either directly by prejudicing persons of that community or indirectly by giving advantage to persons of another community;
“member” means a member of the Council and includes the Chairman;
“Money Bill” means a Bill which contains only provisions dealing with all or any of the following matters:
(a) the imposition, repeal, remission, alteration or regulation of taxation;
(b) the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds, or the variation or repeal of any such charges;
(c) the grant of money to the Government or to any authority or person, or the variation or revocation of any such grant;
(d) the appropriation, receipt, custody, investment, issue or audit of accounts of public money;
(e) the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan;
(f) subordinate matters which are ancillary or incidental to any of the foregoing matters;

“sitting day” means any date on which Parliament meets.

Establishment of Presidential Council for Minority Rights
69.—(1) There shall be a Presidential Council for Minority Rights which shall consist of —
(a) a Chairman appointed for a period of 3 years; and
[Act 39 of 2014 wef 01/01/2015]
(b) not more than 20 members.
[Act 39 of 2014 wef 01/01/2015]
(c) [Deleted by Act 39 of 2014 wef 01/01/2015]
(1A) Up to 10 members may be permanent members appointed for life.
[Act 39 of 2014 wef 01/01/2015]
(1B) Unless appointed for life, a member shall be appointed for a period of 3 years.
[Act 39 of 2014 wef 01/01/2015]
(2) The Chairman and the members shall be appointed by the President if he, acting in his discretion, concurs with the advice of the Cabinet.
(3) The Chairman and the members appointed under clause (1B) shall be eligible for reappointment.
[Act 39 of 2014 wef 01/01/2015]

Temporary appointment during incapacity of member
70. Whenever a member informs the Chairman that he is or will be incapable, for a period of 3 months or more, of taking part in the proceedings of the Council by reason of illness, absence or other cause, the Chairman shall convey the information to the President who may, if he, acting in his discretion, concurs with the advice of the Cabinet, appoint a person to serve as a member for that period.
Qualifications of members
71. No person shall be qualified to be appointed as a member unless he —
(a) is a citizen of Singapore;
(b) is not less than 35 years of age;
(c) is resident in Singapore; and
(d) is not liable to any of the disqualifications provided in Article 72.

Disqualifications of members
72. A person shall be disqualified for appointment as a member who —
(a) is or has been found or declared to be of unsound mind;
(b) is insolvent or an undischarged bankrupt;
(c) has been convicted of an offence by a court of law in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:
Provided that where the conviction is by a court of law in Malaysia, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore; or

(d) has voluntarily acquired the citizenship of, or exercised the rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.

Termination of membership
73. A member shall vacate his seat in the Council —
(a) if he ceases to be a citizen of Singapore;
(b) if by writing under his hand addressed to the Chairman he resigns his seat; or
(c) if he becomes subject to any of the disqualifications provided in Article 72.

Determination of questions as to membership
74.—(1) Any question whether any person has become a member or has vacated his seat as such member shall be referred to and determined by a tribunal consisting of a Judge of the Supreme Court appointed by the Chief Justice and 2 members appointed by the Council.
(2) Any tribunal constituted under clause (1) shall —
(a) sit in private;
(b) afford the person concerned adequate opportunity to call witnesses and be heard; and
(c) report its decision to the Chairman.

(3) The decision of the tribunal shall be final and shall not be open to question in any court.

Oaths of Allegiance and Secrecy
75. Before any person who has been appointed Chairman or a member enters upon the duties of his office, he shall take and subscribe before a Judge of the Supreme Court the Oath of Allegiance and the Oath of Secrecy in the forms set out respectively in paragraphs 2 and 7 in the First Schedule.
General function of Council
76.—(1) It shall be the general function of the Council to consider and report on such matters affecting persons of any racial or religious community in Singapore as may be referred to the Council by Parliament or the Government.
(2) A reference to the Council by Parliament may be made by the Speaker, and a reference to the Council by the Government may be made by a Minister.

Functions of Council in respect of Bills and subsidiary legislation
77. It shall be the particular function of the Council to draw attention to any Bill or to any subsidiary legislation if that Bill or subsidiary legislation is, in the opinion of the Council, a differentiating measure.
Copies of Bills and amendments thereto to be sent to Council
78.—(1) Immediately after any Bill to which this Article applies has been given a final reading and passed by Parliament and before it is presented to the President for assent, the Speaker shall cause an authenticated copy of the Bill to be sent to the Council.
(2) The Council shall consider the Bill and shall, within 30 days of the date on which the Bill was sent to the Council, make a report to the Speaker stating whether or not in the opinion of the Council any and, if so, which provision of the Bill would, if enacted, be a differentiating measure.
(3) Whenever after the receipt of an adverse report from the Council, the Bill to which it relates is amended by Parliament, the Speaker shall cause the Bill in its amended form to be sent again to the Council.
(4) On the application of the Chairman, the Speaker may extend, as he thinks fit, the period of 30 days prescribed by clause (2), where he considers it proper to do so on account of the length or complexity of any Bill or the number of matters for the time being under consideration by the Council or for any sufficient reason.
(5) The Speaker shall cause every report received by him from the Council in pursuance of clause (2) to be presented to Parliament without undue delay. Where the Speaker receives no such report on the Bill within the time provided in clause (2), or any extension thereof granted under clause (4), it shall be conclusively presumed that the Council is of the opinion that no provision of the Bill would, if enacted, be a differentiating measure.
(6) No Bill to which this Article applies shall be presented to the President for assent unless it is accompanied by a certificate under the hand of the Speaker stating that —
(a) in the opinion of the Council no provision of the Bill would, if enacted, be a differentiating measure;
(b) no report having been received from the Council within the time prescribed or any extension thereof, the Council is presumed to be of the opinion that no provision of the Bill would, if enacted, be a differentiating measure; or
(c) notwithstanding the opinion of the Council that some specified provision of the Bill would, if enacted, be a differentiating measure, a motion for the presentation of the Bill to the President for assent has been passed by not less than two-thirds of the total number of Members of Parliament (excluding nominated Members).
[Act 28 of 2016 wef 01/04/2017]

(7) This Article shall not apply to —
(a) a Money Bill;
(b) a Bill certified by the Prime Minister as being one which affects the defence or the security of Singapore or which relates to public safety, peace or good order in Singapore; or
(c) a Bill certified by the Prime Minister to be so urgent that it is not in the public interest to delay its enactment.

(8) A Bill shall be deemed to be a Money Bill if the Speaker certifies in writing that, in his opinion, it is a Bill to which the definition of “Money Bill” contained in Article 68 applies. No Money Bill shall be presented to the President for assent, unless it is accompanied by the Speaker’s certificate which shall be conclusive for all purposes and shall not be open to question in any court.

Functions of Council in regard to Bills enacted on a certificate of urgency
79.—(1) Where the President assents to a Bill which has been certified as urgent by the Prime Minister under Article 78(7), it shall nevertheless be the duty of the Speaker to cause an authenticated copy of the Act to be sent as soon as may be to the Council.
(2) The Council shall thereupon consider the Act and shall, within 30 days of the date on which the Act was sent to the Council, make a report to the Speaker stating whether or not in the opinion of the Council any and, if so, which provision of the Act is a differentiating measure.
(3) The Speaker shall cause any such report to be presented to Parliament as soon as possible.

Functions of Council in regard to subsidiary legislation
80.—(1) An authenticated copy of every piece of subsidiary legislation shall be sent to the Council by the appropriate Minister within 14 days of the publication of such subsidiary legislation.
(2) The Council shall thereupon consider such subsidiary legislation and shall, within 30 days of the date on which the subsidiary legislation was sent to the Council, make a report to the Speaker and to the appropriate Minister, stating whether or not in the opinion of the Council any and, if so, which provision of the subsidiary legislation is a differentiating measure.
(3) The Speaker shall cause every report of the Council on every piece of subsidiary legislation to be presented to Parliament on the next sitting day after receiving the Council’s report.
(4) Where an adverse report in respect of any provision of any subsidiary legislation is presented to Parliament in pursuance of clause (3), then, within 6 months after the presentation of that report, unless either —
(a) the provision has been revoked or amended by the appropriate Minister; or
(b) Parliament has passed a resolution confirming that provision,
the appropriate Minister shall revoke such provision and cause a notice of revocation to be published in the Gazette.

(5) If no report on any subsidiary legislation is received from the Council within the time provided in clause (2), it shall be conclusively presumed that the Council is of the opinion that no provision in such subsidiary legislation is a differentiating measure.

Functions of Council in regard to certain written law
81.—(1) The Council may examine any written law in force on 9th January 1970 and may make a report in regard to any provision in such written law which, in the opinion of the Council, is a differentiating measure.
(2) The Council shall send such report to the Speaker and the Speaker shall cause such report to be presented to Parliament as soon as possible.
(3) In the case of a report on any subsidiary legislation, the Council shall also cause a copy of the report to be sent to the appropriate Minister.

Duties of Chairman
82.—(1) The Council shall meet on the summons of the Chairman.
(2) The Chairman, if present, shall preside at all meetings of the Council.
(3) Whenever the office of Chairman is vacant or the Chairman for any reason is unable to attend, some other member shall be elected by the Council to act as Chairman.

Quorum and voting
83.—(1) The Council shall not transact any business unless a quorum of 8 members, including the Chairman or member presiding, is present.
(2) Any decision of the Council shall be made by a majority of the votes of the members present and voting.
(3) The Chairman or member presiding shall have an original vote but not a casting vote.
(4) If upon any question before the Council the votes of the members are equally divided, the motion shall be deemed to be lost.

Proceedings of Council to be in private
84. The proceedings of the Council shall be conducted in private and the Council shall not be entitled to hear objectors or examine witnesses in regard to any Bill or law which is being considered by the Council in pursuance of the provisions of this Part.
Council’s report
85. In reporting the opinion of the Council under the provisions of this Part, the Council shall state —
(a) either that the report is unanimous or the number of votes for and against it; and
(b) in the case of an adverse report, the grounds on which the Council has reached its conclusion.

Validity of proceedings notwithstanding vacancy in membership
86. Subject to Article 83(1), the Council shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings.
Attendance of Minister, etc.
87. Any Minister, Minister of State or Parliamentary Secretary specially authorised by the Prime Minister for this purpose shall be entitled to attend and take part in the proceedings of the Council as if he were a member but shall not have the right to vote in the Council.
Power of Council to make rules regulating procedure
88. Subject to the provisions of this Constitution, the Council may make rules with respect to the regulation and conduct of its proceedings and the despatch of its business but no such rules shall have effect until they have been approved by the President.
Annual report
89.—(1) Once in every year it shall be the duty of the Council to compile and present to the President a report on the work of the Council during the preceding 12 months.
(2) The President shall cause such report to be presented to Parliament as soon as possible.

Salaries and fees
90.—(1) There shall be paid to the Chairman and the other members such salaries and fees as may be determined by the President.
(2) The salaries and fees payable under clause (1) shall be defrayed out of moneys provided by Parliament.

Appointment of staff
91. The Council shall have power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions under this Part.
Power to make rules generally
92. The President may make rules for the conduct of business between the Council and Parliament and between the Council and any authority empowered to make subsidiary legislation, and generally for carrying out the purposes of this Part.

PART VIII
THE JUDICIARY
Judicial power of Singapore
93. The judicial power of Singapore shall be vested in a Supreme Court and in such subordinate courts as may be provided by any written law for the time being in force.
Jurisdiction to determine questions as to validity of Presidential election
93A.—(1) All proceedings relating to the election of the President shall be heard and determined by the Chief Justice or by a Judge of the Supreme Court nominated by the Chief Justice for the purpose (referred to in this Constitution as the Election Judge).
(2) The Election Judge shall have the power to hear and determine and make such orders as provided by law on proceedings relating to the election of the President, and the decision of the Election Judge in any such proceedings shall be final.
(3) The procedure and practice in proceedings relating to the election of the President shall be regulated by rules which may be made by the Rules Committee constituted and appointed under section 80 of the Supreme Court of Judicature Act (Cap. 322).

Constitution of Supreme Court
94.—(1) The Supreme Court shall consist of the Court of Appeal and the High Court with such jurisdiction and powers as are conferred on those Courts by this Constitution or any written law.
(2) The Court of Appeal shall consist of the Chief Justice and the Judges of Appeal.
[Act 39 of 2014 wef 01/01/2015]
(3) The High Court shall consist of the Chief Justice and the Judges of the High Court.
[Act 39 of 2014 wef 01/01/2015]
(4) A Judge of Appeal may sit in the High Court on such occasion as the Chief Justice requires.
[Act 39 of 2014 wef 01/01/2015]
(5) A Judge of the High Court may sit in the Court of Appeal on such occasion as the Chief Justice requires.
[Act 39 of 2014 wef 01/01/2015]
(6) A person appointed under Article 95(4) to exercise the powers and perform the functions of a Judge of the High Court may, in accordance with the terms of his appointment and subject to Article 95(7), (8), (9) and (10), as the case may be —
(a) sit in the High Court; and
(b) sit in the Court of Appeal on such occasion as the Chief Justice requires.
[Act 39 of 2014 wef 01/01/2015]

Appointment of Judges of Supreme Court, etc.
95.—(1) The Chief Justice, the Judges of Appeal and the Judges of the High Court shall be appointed by the President if he, acting in his discretion, concurs with the advice of the Prime Minister.
(2) The President may, if he, acting in his discretion, concurs with the advice of the Prime Minister, appoint a person who is 65 years of age or older and who is either qualified for appointment as a Judge of the Supreme Court or has ceased to be a Judge of the Supreme Court, to be the Chief Justice, a Judge of Appeal or a Judge of the High Court for a specified period.
[Act 39 of 2014 wef 01/01/2015]
(3) The office of a Judge of the Supreme Court shall not be abolished during his continuance in office.
[Act 39 of 2014 wef 01/01/2015]
(4) In order to facilitate the disposal of business in the Supreme Court, the President may, if he, acting in his discretion, concurs with the advice of the Prime Minister —
(a) appoint a person who is qualified for appointment as a Judge of the Supreme Court to be a Judicial Commissioner of the Supreme Court;
(b) appoint a person who has ceased to be a Judge of the Supreme Court to be a Senior Judge of the Supreme Court; or
(c) appoint a person who, in the opinion of the Chief Justice, is a person with the necessary qualifications, experience and professional standing to be an International Judge of the Supreme Court.
[Act 39 of 2014 wef 01/01/2015]

(5) For the purposes of clause (4), a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court may —
(a) be appointed to hear and determine a specific case only (subject to clause (10) for an International Judge); or
(b) be appointed for a specified period.
[Act 39 of 2014 wef 01/01/2015]

(6) Before tendering his advice as to an appointment under clause (1), (2) or (4), other than the appointment of the Chief Justice, the Prime Minister must consult the Chief Justice.
[Act 39 of 2014 wef 01/01/2015]
(7) A Judicial Commissioner of the Supreme Court appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in any case or in respect of such classes of cases as the Chief Justice may specify.
[Act 39 of 2014 wef 01/01/2015]
(8) A Senior Judge and an International Judge of the Supreme Court appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in such cases or classes of cases as the Chief Justice specifies under clause (9).
[Act 39 of 2014 wef 01/01/2015]
(9) The Chief Justice may —
(a) from time to time, require a Senior Judge of the Supreme Court appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify; and
(b) from time to time and subject to clause (10), require an International Judge of the Supreme Court appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify.
[Act 39 of 2014 wef 01/01/2015]

(10) Parliament may by law limit the classes of cases that may be heard and determined by an International Judge of the Supreme Court.
[Act 39 of 2014 wef 01/01/2015]
(11) Anything done by a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court when acting in accordance with the terms of his appointment shall have the same validity and effect as if done by a Judge of the High Court and, in respect thereof, the Judicial Commissioner, Senior Judge or International Judge (as the case may be) shall have the same powers and enjoy the same immunities as if he had been a Judge of the High Court.
[Act 39 of 2014 wef 01/01/2015]

Qualifications of Judges of Supreme Court
96. A person is qualified for appointment as a Judge of the Supreme Court if he has for an aggregate period of not less than 10 years been a qualified person within the meaning of section 2 of the Legal Profession Act (Cap. 161) or a member of the Singapore Legal Service, or both.
Oath of Office of Judges of Supreme Court, etc.
97.—(1) Every person appointed as a Judge of the Supreme Court or a Judicial Commissioner or a Senior Judge of the Supreme Court shall, before he enters on the execution of his office, take, in the presence of the President, the Oath of Office in the form set out in the First Schedule.
[Act 39 of 2014 wef 01/01/2015]
(1A) Every person appointed as an International Judge of the Supreme Court shall, before he enters on the execution of his office, take, in the presence of the President, the Oath of Office in the form set out in the First Schedule.
[Act 39 of 2014 wef 01/01/2015]
(2) Notwithstanding clauses (1) and (1A), a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court who is appointed under Article 95(4) to hear and determine a specified case need not be required to take the Oath of Office again if a period of less than 12 months intervenes between the date of his judgment in any specified case he is so appointed to hear and determine and the start of hearing for the next specified case.
[Act 39 of 2014 wef 01/01/2015]

Tenure of office and remuneration of Judges of Supreme Court, etc.
98.—(1) Subject to this Article, a person appointed as a Judge of the Supreme Court under Article 95(1) shall hold office until he attains the age of 65 years or such later time not being later than 6 months after he attains that age, as the President may approve.
[Act 39 of 2014 wef 01/01/2015]
(2) A Judge of the Supreme Court or a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court may at any time resign his office by writing under his hand addressed to the President, but shall not be removed from office except in accordance with clauses (3), (4) and (5).
[Act 39 of 2014 wef 01/01/2015]
(3) If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the President that a person holding office as a Judge of the Supreme Court or a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court ought to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause, to properly discharge the functions of his office, the President shall appoint a tribunal in accordance with clause (4) and shall refer that representation to it; and may on the recommendation of the tribunal remove the person from office.
[Act 39 of 2014 wef 01/01/2015]
(4) The tribunal shall consist of not less than 5 persons who hold or have held office as a Judge of the Supreme Court, or, if it appears to the President expedient to make such an appointment, persons who hold or have held equivalent office in any part of the Commonwealth, and the tribunal shall be presided over by the member first in the following order, namely, the Chief Justice according to their precedence among themselves and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of 2 members with appointments of the same date).
(5) Pending any reference and report under clause (3), the President may, if he, acting in his discretion, concurs with the recommendation of the Prime Minister and, in the case of any other Judge of the Supreme Court or a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court, after consulting the Chief Justice, suspend a Judge of the Supreme Court, or a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court (as the case may be) from the exercise of his functions.
[Act 39 of 2014 wef 01/01/2015]
(6) Parliament shall by law provide for the remuneration of the Judges of the Supreme Court and the remuneration so provided shall be charged on the Consolidated Fund.
(7) Subject to this Article, Parliament may by law provide for the terms of office of the Judges of the Supreme Court, other than their remuneration, and may provide that any gratuity payable in respect of service as a Judge of the Supreme Court shall be charged on the Consolidated Fund.
[Act 39 of 2014 wef 01/01/2015]
(8) The remuneration and other terms of office (including any pension or gratuity) of a Judge of the Supreme Court shall not be altered to his disadvantage after his appointment.
[Act 39 of 2014 wef 01/01/2015]
(9) Notwithstanding clause (1), the validity of anything done by a Judge of the Supreme Court shall not be questioned on the ground that he had attained the age on which he was required to retire.
(10) The President may, in his discretion, grant leave of absence from his duties to the Chief Justice and, acting on the advice of the Chief Justice, to any other Judge of the Supreme Court.

Restriction on Parliamentary discussion of conduct of a Judge of Supreme Court
99. The conduct of a Judge of the Supreme Court or a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court shall not be discussed in Parliament except on a substantive motion of which notice has been given by not less than one-quarter of the total number of the Members of Parliament.
[Act 39 of 2014 wef 01/01/2015]
Advisory opinion
100.—(1) The President may refer to a tribunal consisting of not less than 3 Judges of the Supreme Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise.
(2) Where a reference is made to a tribunal under clause (1), it shall be the duty of the tribunal to consider and answer the question so referred as soon as may be and in any case not more than 60 days after the date of such reference, and the tribunal shall certify to the President, for his information, its opinion on the question referred to it under clause (1) with reasons for its answer, and any Judge in the tribunal who differs from the opinion of the majority shall in like manner certify his opinion and his reasons.
(3) The opinion of the majority of the Judges in the tribunal shall, for the purposes of this Article, be the opinion of the tribunal, and every such opinion of the tribunal shall be pronounced in open court.
(4) No court shall have jurisdiction to question the opinion of any tribunal or the validity of any law, or any provision therein, the Bill for which has been the subject of a reference to a tribunal by the President under this Article.

Definition of “office”
101. In this Part, “office”, in relation to a Judge of the Supreme Court, means the office as Chief Justice, Judge of Appeal or Judge of the High Court, as the case may be.

PART IX
THE PUBLIC SERVICE
Public services
102.—(1) For the purposes of this Constitution and except as hereinafter in this Part provided, the public services shall be —
(a) the Singapore Armed Forces;
(b) the Singapore Civil Service;
(c) the Singapore Legal Service; and
(d) the Singapore Police Force.
(2) Except as otherwise expressly provided by this Constitution, the qualifications for appointments and conditions of service of persons in the public services may be regulated by law and, subject to the provisions of any such law, by the President.

Interpretation of this Part
103. Except for the purposes of Articles 112, 114 and 115, and except where the context otherwise requires, in the interpretation of this Part —
(a) “public service” does not include service otherwise than in a civil capacity;
(b) “public office” does not include the following offices:
(i) the office of the Chief Justice;
(ii) the office of the Attorney-General;
(iii) the office of Judge of the Supreme Court;
(iv) the office of member of the Public Service Commission or the Legal Service Commission;
(v) the office of any police officer below the rank of Inspector; or
(vi) any office the remuneration of the holder of which is calculated on a daily rate,
and “public officer” shall be construed accordingly.

Tenure of public office
104. Except as expressly provided by this Constitution, every person who is a member of the public service shall hold office during the pleasure of the President.
Public Service Commission
105.—(1) There shall be a Public Service Commission which shall consist of a Chairman and not less than 5 and not more than 14 other members, each of whom shall be appointed in writing under the hand of the President, if the President, acting in his discretion, concurs with the advice of the Prime Minister.
(2) The Chairman shall be a citizen of Singapore.
(3) The President may, from time to time, if he, acting in his discretion, concurs with the advice of the Prime Minister, appoint one or more Deputy Chairmen from among the members of the Public Service Commission.
(4) Before tendering his advice as to the appointment under clause (3) of a Deputy Chairman, the Prime Minister shall consult the Chairman of the Public Service Commission.
(5) Every Deputy Chairman appointed under clause (3) shall hold office for such period as may be specified in the terms of his appointment and shall cease to be Deputy Chairman if he ceases to be a member of the Public Service Commission.
(6) A person appointed to be a member of the Public Service Commission shall thereafter be ineligible for appointment to any public office.
(7) At any meeting of the Public Service Commission, 3 members who shall include either the Chairman or one of the Deputy Chairmen, and may include both of them, shall form a quorum. If the quorum is present, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members, and any proceeding of the Commission shall be valid notwithstanding that some person not entitled to do so took part therein.
(8) Before assuming the duties of his office, the Chairman and every other member of the Public Service Commission shall take and subscribe before the Chief Justice or some other Judge of the Supreme Court the appropriate Oath for the due execution of his office in the form set out in the First Schedule.

Disqualification for appointment to Commission
106.—(1) A person shall not be appointed to be a member of the Public Service Commission if he is, and shall cease to be a member if he becomes —
(a) a public officer;
(b) an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act (Cap. 50) or any corresponding previous written law;
(c) a Member of Parliament or a duly nominated candidate for election as such Member;
(d) a member of any trade union or of any body or association affiliated to a trade union; or
(e) the holder of any office in any political association.
(2) Clause (1)(b) shall not apply to any person who is a member of the teaching staff of any university established by or under any written law.

Tenure of office
107.—(1) Subject to Article 106, every member of the Public Service Commission shall, unless he earlier resigns his office by writing under his hand addressed to the President or is removed therefrom under this Article, hold office for a period of 5 years from the date of his appointment, but shall be eligible for reappointment:
Provided that a member, other than the Chairman, may be appointed to hold office for any shorter period of not less than 3 years.

(2) If the Prime Minister, or the Chairman of the Public Service Commission after consulting with the Prime Minister, represents to the President that a member of the Public Service Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the President shall, if he, acting in his discretion, concurs with that representation, refer that representation to a tribunal consisting of the Chief Justice and 2 other Judges of the Supreme Court nominated for that purpose by the Chief Justice and shall, if that tribunal so recommends, remove that member from office by writing under his hand.
(3) The tribunal constituted under clause (2) shall regulate its own procedure and may make rules for that purpose.

Terms of service of Chairman and members of Commission
108.—(1) The Chairman and other members of the Public Service Commission shall be paid such salary and allowances as may, from time to time, be determined, and such salary and allowances shall be charged on and paid out of the Consolidated Fund.
(2) Subject to the provisions of this Constitution, the terms of service of the members of the Public Service Commission may either —
(a) be prescribed in regulations made by the President and published in the Gazette; or
[Act 39 of 2014 wef 01/01/2015]
(b) (in so far as they are not prescribed by or under any such law) be prescribed by the President.

(2A) Regulations made under clause (2)(a) may provide that any gratuity payable in respect of service as a member of the Public Service Commission shall be charged on and paid out of the Consolidated Fund.
[Act 39 of 2014 wef 01/01/2015]
(3) The terms of service of any member of the Public Service Commission shall not be altered to his disadvantage during his continuance in office.
(4) For the purposes of clause (3), in so far as the terms of service of a member of the Public Service Commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted.

Secretary to Commission
109.—(1) There shall be a Secretary to the Public Service Commission who shall be a person who is a public officer and who shall be appointed by the President in accordance with the advice of the Commission.
(2) The Secretary to the Public Service Commission shall be responsible, in accordance with such instructions as may be given to him by the Chairman of the Commission, for arranging the business for, and keeping the minutes of, the meetings of the Commission and for conveying the decisions of the Commission to the appropriate person or authority and shall have such other functions as the Chairman may, from time to time, direct.

Appointment, etc., of public officers
110.—(1) Subject to the provisions of this Constitution, it shall be the duty of the Public Service Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, dismiss and exercise disciplinary control over public officers.
(2) The promotion of public officers shall be on the basis of official qualifications, experience and merit.
(3) No public officer shall be dismissed or reduced in rank under this Article without being given a reasonable opportunity of being heard.
(4) Subject to the provisions of Article 110D, no member of any of the services mentioned in Article 102(1)(b) to (d) shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank.
(5) In clause (1) —
“appoint” does not include an appointment to act in an office for 2 months or less;
“transfer” does not include transfer without a change of rank within a department of the Government.

Education Service Commission
110A. [Repealed by Act 11/98]
Police and Civil Defence Services Commission
110B. [Repealed by Act 11/98]
Provisions applicable to Education Service Commission and Police and Civil Defence Services Commission
110C. [Repealed by Act 11/98]
Personnel boards
110D.—(1) Subject to the provisions of this Article, the President may, on the advice of the Prime Minister and by order published in the Gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the Public Service Commission under Article 110.
(2) The order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of public officers in respect of which those powers and functions may be exercised except the following:
(a) the power to dismiss and exercise disciplinary control over all public officers of any grade in Division I; and
(b) all powers of the Public Service Commission in relation to public officers in the Administrative Service and Administrative Service (Foreign Service Branch) who hold appointments of and above the significant grade (as defined in Article 111A(1)) in those Services, including the power to nominate officers for appointment or promotion to that grade,
and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed.

(3) Where the President has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of the Public Service Commission, such power or function —
(a) may be exercised by such personnel board notwithstanding anything in Article 110(1) and (4); and
(b) shall, so long as it remains a power or function to be exercised by the board pursuant to such order, cease to be exercisable by that Commission except to the extent permitted under clause (4).

(3A) Any personnel board may, in writing and subject to such conditions as it thinks fit, delegate all or any of the powers or functions exercisable by the board under this Article (except this power of delegation) to any member of the personnel board, and that member shall exercise those powers or functions in accordance with the terms of the delegation; but no such delegation shall prevent the exercise of any such power or function by the personnel board.
(3B) Any act or thing done by a delegate of a personnel board while acting in the exercise of a delegation under clause (3A) shall have the same force and effect as if the act or thing had been done by the personnel board and shall be deemed to have been done by the personnel board.
(4) Subject to regulations made under clause (7), any person aggrieved by any decision of any personnel board or its delegate may, within such time and in such manner as may be prescribed, appeal to the Public Service Commission, and the decision of the Commission shall be final.
(5) Subject to clause (6), a personnel board which is established to exercise any power over officers in Division I shall consist of such persons as the President may, on the advice of the Prime Minister, appoint except that the President may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the Prime Minister.
(6) A person shall not be appointed to be a member of a personnel board if he is, and shall cease to be a member if he becomes —
(a) a Member of Parliament or a duly nominated candidate for election as such Member;
(b) a member of any trade union or of any body or association affiliated to a trade union; or
(c) the holder of any office in any political association.

(7) The President may by regulations —
(a) provide for matters relating to the appointment of members of personnel boards;
(b) prescribe the procedure to be followed by the personnel boards in the exercise of their powers and functions;
(c) prescribe the manner of appeals under clause (4); and
(d) modify the application of clause (4) by providing that appeals under that clause shall be made first to such person or persons as may be appointed by the President but without prejudice to the right to appeal thereafter to the Public Service Commission.

(8) Nothing in this Article shall affect any direction or delegation issued before 1st October 1994 by the Public Service Commission under Article 116(3), and this Article shall not apply to any power or function of these Commissions so long it forms the subject of any such direction or delegation.

Legal Service Commission
111.—(1) There shall be a Legal Service Commission, whose jurisdiction shall extend to all officers in the Singapore Legal Service.
(2) The Legal Service Commission shall consist of —
(a) the Chief Justice, as President;
(b) the Attorney-General;
(c) the Chairman of the Public Service Commission; and
(d) at least 3 but not more than 6 other members, each of whom shall be appointed by the President if he, acting in his discretion, concurs with the advice of the person nominating the member under clause (2A).
(e) [Deleted by Act 31/2007 wef 01/11/2007]

(2A) The members referred to in clause (2)(d) shall comprise —
(a) at least one but not more than 2 persons nominated by the Chief Justice;
(b) at least one but not more than 2 persons nominated by the Chairman of the Public Service Commission; and
(c) at least one but not more than 2 persons nominated by the Prime Minister,
except that where the Chief Justice, the Chairman of the Public Service Commission or the Prime Minister, as the case may be, nominates 2 persons, one of whom must be a person who has for an aggregate period of not less than 10 years been a qualified person within the meaning of section 2(1) of the Legal Profession Act (Cap. 161).

(2B) A person shall not be appointed under clause (2)(d) to be a member of the Legal Service Commission if he is, and shall cease to be such a member if he becomes —
(a) a public officer;
(b) an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act (Cap. 50) or any corresponding previous written law;
(c) a Member of Parliament or a duly nominated candidate for election as such Member;
(d) a member of any trade union or of any body or association affiliated to a trade union; or
(e) the holder of any office in any political association.

(2C) Subject to clause (2B), every member of the Legal Service Commission appointed under clause (2)(d) shall, unless he earlier resigns his office by writing under his hand addressed to the President or is removed therefrom under clause (2D), hold office from the date of his appointment for such period (being not shorter than 3 years and not longer than 5 years) as the President may specify, and shall be eligible for reappointment.
(2D) If the Prime Minister, or the President of the Legal Service Commission after consulting with the Prime Minister, represents to the President that a member of the Legal Service Commission who is appointed under clause (2)(d) ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the President shall —
(a) refer that representation to a tribunal consisting of 2 Judges of the Supreme Court nominated for that purpose by the Chief Justice, if the President, acting in his discretion, concurs with that representation; and
(b) remove that member from office by writing under his hand if the tribunal in paragraph (a) so recommends.

(2E) The members of the Legal Service Commission appointed under clause (2)(d) shall —
(a) before assuming the duties of their respective offices, take and subscribe before the Chief Justice or some other Judge of the Supreme Court the appropriate Oath for the due execution of their offices in the form set out in the First Schedule; and
(b) be paid such allowances as may, from time to time, be determined, and such allowances shall be charged on and paid out of the Consolidated Fund.

(2F) Subject to the provisions of this Constitution, the terms of service of the members of the Legal Service Commission appointed under clause (2)(d) may either be prescribed by or under any law made under this Constitution, or (in so far as they are not prescribed by or under any such law) be prescribed by the President.
(2G) The terms of service of any member of the Legal Service Commission appointed under clause (2)(d) shall not be altered to his disadvantage during his continuance in office, except that in so far as the terms of service of such a member of the Legal Service Commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted.
(2H) One of the members of the Legal Service Commission referred to in clause (2)(b), (c) or (d) may be appointed by the President as the Vice-President of the Legal Service Commission where the President, acting in his discretion, concurs with the advice of the Prime Minister who shall consult the President of the Legal Service Commission before tendering any such advice to the President.
(3) Subject to the provisions of any existing law and to the provisions of this Constitution, it shall be the duty of the Legal Service Commission to appoint, confirm, emplace on the permanent establishment, promote, transfer, dismiss and exercise disciplinary control over officers in the Singapore Legal Service.
[31/2007 wef 01/11/2007]
(4) The Legal Service Commission may delegate to any officer in the Singapore Legal Service or to any board of such officers appointed by it any of its functions under clause (3) in respect of any grade of officers in the Singapore Legal Service, not being functions which are exercisable by a personnel board under Article 111AA, and that officer or board shall exercise those functions under the direction and control of the Legal Service Commission.
[31/2007 wef 01/11/2007]
(5) The Legal Service Commission may, subject to the provisions of this Constitution, regulate its own procedure and make rules for that purpose.
(6) There shall be a Secretary to the Legal Service Commission who shall —
(a) be a person who is a public officer; and
(b) be appointed by the President in accordance with the advice of the Legal Service Commission.

(7) The Secretary to the Legal Service Commission shall be responsible, in accordance with such instructions as may be given to him by the President of the Legal Service Commission, for arranging the business for, and keeping the minutes of, the meetings of the Legal Service Commission and for conveying the decisions of the Legal Service Commission to the appropriate person or authority and shall have such other functions as the President of the Legal Service Commission may, from time to time, direct.

Personnel boards of Singapore Legal Service
111AA.—(1) Subject to the provisions of this Article, the President may, on the advice of the Prime Minister and by order published in the Gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the Legal Service Commission under Article 111.
(2) An order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of officers in the Singapore Legal Service in respect of which those powers and functions may be exercised except the following:
(a) the power to dismiss and exercise disciplinary control over officers in the Singapore Legal Service; and
(b) all powers of the Legal Service Commission in relation to officers in the Singapore Legal Service who hold appointments of and above a grade prescribed in the order, including the power to nominate officers for appointment or promotion to that grade,
and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed.

(3) Before tendering his advice as to the grade in the Singapore Legal Service referred to in clause (2)(b), the Prime Minister shall consult the President of the Legal Service Commission.
(4) Where the President has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of the Legal Service Commission, such power or function —
(a) may be exercised by such personnel board notwithstanding anything in Article 111; and
(b) shall, so long as it remains a power or function to be exercised by the personnel board pursuant to such order, cease to be exercisable by the Legal Service Commission except to the extent permitted under clause (5).

(5) Subject to any order made under clause (1), any person who is aggrieved by any decision of any personnel board established under this Article may, within such time and in such manner as may be prescribed, appeal to the Legal Service Commission, and the decision of that Commission shall be final.
(6) Subject to clause (7), a personnel board which is established under this Article shall consist of such persons (who may or may not be members of the Legal Service Commission) as the President may, on the advice of the Legal Service Commission, appoint except that the President may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the Legal Service Commission.
(7) A person shall not be appointed to be a member of a personnel board established under this Article if he is, and shall cease to be a member if he becomes —
(a) a Member of Parliament or a duly nominated candidate for election as such Member;
(b) a member of any trade union or of any body or association affiliated to a trade union; or
(c) the holder of any office in any political association.

(8) An order under clause (1) may also —
(a) provide for matters relating to the appointment of members of personnel boards established under this Article;
(b) prescribe the procedure to be followed by these personnel boards in the exercise of their powers and functions; and
(c) prescribe the manner of appeals under clause (5).

Promotion to significant grade
111A.—(1) The President may, by notification in the Gazette, designate as significant a grade each in the Administrative Service Scheme of Service and the Administrative (Foreign Service) Scheme of Service (referred to in this Article as the significant grade), and such notification may be subsequently amended to designate as significant any other grade in those Schemes of Service not lower than the grade first so designated.
(2) Notwithstanding any other provision in this Constitution, any appointment or promotion of a public officer to the significant grade shall be made by the President, acting in accordance with the advice of the Prime Minister, from public officers nominated by the Public Service Commission.

Protection of pension rights
112.—(1) The law applicable to any pension, gratuity or other like allowance (referred to in this Article as an award) granted to any public officer or to his widow, children, dependants or personal representatives shall be that in force on the relevant day or any later law not less favourable to the person concerned.
(2) For the purposes of this Article, the relevant day is —
(a) in relation to an award made before 16th September 1963, the date on which the award was made;
(b) in relation to an award made after 16th September 1963, to or in respect of any person who was a public officer before that date, the date immediately before that date; and
(c) in relation to an award made to or in respect of any person who first became a public officer on or after 16th September 1963, the date on which he first became a public officer.

(3) For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.

Power of Public Service Commission and Legal Service Commission in relation to pensions, etc.
113.—(1) Where under any written law any person or authority has a discretion —
(a) to decide whether or not any award shall be made; or
(b) to withhold, reduce in amount or suspend any such award that has been made,
that award shall be made and may not be withheld, reduced in amount or suspended unless the Public Service Commission or the Legal Service Commission, as the case may be, concurs in the refusal to grant the award or, as the case may be, in the decision to withhold, reduce in amount or suspend it.
(2) Where the amount of any award that may be made to any person is not fixed by law, the amount of the award to be made to him shall be the greatest amount for which he is eligible unless the Public Service Commission or the Legal Service Commission, as the case may be, concurs in the making of an award of a smaller amount.
(3) In this Article, “award” has the same meaning as in Article 112.

Pensions, etc., to be charged on Pension Fund or Consolidated Fund
114.—(1) Subject to clause (2) and Articles 35(11A), 98(7), 108(2A) and 148F(10B), pensions, gratuities and other like allowances granted in respect of the public service shall be charged on and paid out of, in the first instance, the Pension Fund established by the Pension Fund Act (Cap. 224A) and, if that Fund is deficient, the Consolidated Fund.
[Act 39 of 2014 wef 01/01/2015]
(2) Notwithstanding clause (1), the Legislature may by law provide that any pension, gratuity or other like allowance granted in respect of public service may be paid out of another Government Fund in lieu of the Pension Fund and the Consolidated Fund.
[32/2001 wef 30/09/2001]

Pension rights on transfer
115.—(1) Notwithstanding any provision of this Constitution relating to the circumstances in which a public officer may vacate his office, any public officer may, with the consent of the Government (which consent shall not be unreasonably withheld), relinquish his office for the purpose of transfer to some other public office or to an office in any other public service, and if he so relinquishes his office, his claim to any pension, gratuity or other like allowance shall not thereby be prejudiced.
(2) For the purposes of this Article, “other public service” has the meaning given to it by the Pensions Act (Cap. 225) as in force immediately before 15th September 1963.

Regulations regarding public service
116.—(1) Subject to the provisions of any written law for the time being in force in Singapore, the President may make regulations for all or any of the following matters:
(a) the division of public offices into Divisions and Services;
(b) the prescribing of Schemes regulating the recruitment, service and promotion of members of such Services; and
(c) the conduct and discipline of the public service.
(2) The Public Service Commission may, subject to the provisions of this Constitution, regulate its own procedure and make rules for that purpose, and may, in connection with the discharge of its functions, confer powers and impose duties on any person or any authority of the Government.
(3) The Public Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions under Article 110(1) to any member of the Commission, to any public officer or other person, or to any board consisting of public officers and other persons appointed by it or to any person who is a member of a panel appointed by the Commission for the purposes of representing the public in any disciplinary proceedings in respect of any grade of the public service and that member, officer, board or person shall exercise those functions under the direction and control of the Public Service Commission.

Validation of acts done and rules made by Public Service Commission
117. [Omitted (as the Article has had its effect).]
Performance by Public Service Commission of other functions
118. Parliament may by law provide for the exercise of other functions by the Public Service Commission.
Reports of Commissions
119. The Public Service Commission and the Legal Service Commission shall each make an annual report on its activities to the President and a copy of every such report shall be presented to Parliament.

PART X
CITIZENSHIP
Status of citizen of Singapore
120.—(1) There shall be a status known as citizen of Singapore.
(2) The status of a citizen of Singapore may be acquired —
(a) by birth;
(b) by descent;
(c) by registration or, before the commencement of this Constitution, by enrolment; or
(d) by naturalisation.

Citizenship by birth
121.—(1) Subject to this Article, every person born in Singapore after 16th September 1963 shall be a citizen of Singapore by birth.
(2) A person shall not be a citizen of Singapore by virtue of clause (1) if at the time of his birth —
(a) his father, not being a citizen of Singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the President;
(b) his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or
(c) neither of his parents was a citizen of Singapore.

(3) Notwithstanding clause (2)(c), the Government may, where it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in Singapore.

Citizenship by descent
122.—(1) Subject to clauses (2) and (3), a person born outside Singapore after 16th September 1963 shall be a citizen of Singapore by descent if, at the time of his birth —
(a) where the person is born before the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, his father is a citizen of Singapore, by birth or registration; and
(b) where the person is born on or after the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, either his father or mother is a citizen of Singapore, by birth, registration or descent.
(2) A person born outside Singapore shall not be a citizen of Singapore by descent by virtue of clause (1) unless —
(a) his birth is registered in the prescribed manner at the Registry of Citizens or at a diplomatic or consular mission of Singapore within one year, or such longer period as the Government permits, after its occurrence; and
(b) he would not acquire the citizenship of the country in which he was born by reason of his birth in that country where —
(i) in the case of a person born before the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, his father is a citizen of Singapore by registration at the time of his birth; or
(ii) in the case of a person born on or after the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, either his father or mother is a citizen of Singapore by registration at the time of his birth.

(3) Without prejudice to clause (2), a person born outside Singapore of a father or mother who is a citizen by descent at the time of his birth shall not be a citizen of Singapore by descent by virtue of clause (1) unless the parent who is the citizen by descent has lawfully resided in Singapore —
(a) for a period of, or for periods amounting in the aggregate to, not less than 5 years before that person’s birth; or
(b) for a period of, or for periods amounting in the aggregate to, not less than 2 years during the period of 5 years immediately preceding that person’s birth.

(4) A person who, being a minor, becomes a citizen of Singapore by descent shall cease to be a citizen of Singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule and where the Government so requires divests himself of any foreign citizenship or nationality.
[12/2004 wef 15/05/2004]

Citizenship by registration
123.—(1) Subject to the provisions of this Constitution, any person resident in Singapore of or over the age of 21 years may, on application being made therefor in the prescribed form, be registered as a citizen of Singapore if he satisfies the Government that he —
(a) is of good character;
(b) has resided in Singapore throughout the 12 months immediately preceding the date of his application;
(c) has during the 12 years immediately preceding the date of his application resided in Singapore for periods amounting in the aggregate to not less than 10 years:
Provided that the Government may exempt any applicant from compliance with this paragraph —
(i) where such applicant has during the 6 years immediately preceding the date of his application resided in Singapore for periods amounting in the aggregate to not less than 5 years; or
(ii) where in any special case the Government considers fit to confer citizenship upon such applicant;

(d) intends to reside permanently in Singapore; and
(e) has an elementary knowledge of one of the following languages, namely, Malay, English, Mandarin and Tamil:
Provided that the Government may exempt an applicant who has attained the age of 45 years or who is deaf or dumb from compliance with this paragraph.

(2) Subject to the provisions of this Constitution, any woman who is married to a citizen of Singapore may, on making application therefor in the prescribed manner, be registered as a citizen of Singapore if she satisfies the Government —
(a) that she has resided continuously in Singapore for a period of not less than 2 years immediately preceding the date of the application;
(b) that she intends to reside permanently in Singapore; and
(c) that she is of good character.

Registration of minors
124.—(1) The Government may if satisfied that a child under the age of 21 years —
(a) is the child of a citizen of Singapore; and
(b) is residing in Singapore,
cause such child to be registered as a citizen of Singapore on application being made therefor in the prescribed manner by the parent or guardian of such child.
(2) The Government may, in such special circumstances as it thinks fit, cause any child under the age of 21 years to be registered as a citizen of Singapore.

Effect of registration
125. Subject to Article 126, a person registered as a citizen of Singapore under Article 123 or 124 shall be a citizen of Singapore from the date on which he is so registered.
General provisions as to registration
126.—(1) No person shall be registered as a citizen of Singapore under Article 123 until he has taken the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.
(2) Except with the approval of the Government, no person who has renounced or has been deprived of citizenship of Singapore under this Constitution or the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) shall be registered as a citizen of Singapore under the provisions of this Constitution.
(3) Any person who becomes a citizen of Singapore by registration under section 13 of the Singapore Citizenship Ordinance 1957 or Article 124 shall cease to be a citizen of Singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.

Citizenship by naturalisation
127.—(1) Subject to clause (4), the Government may, upon application made by any person of or over the age of 21 years who is not a citizen of Singapore, grant a certificate of naturalisation to that person if the Government is satisfied —
(a) that he has resided in Singapore for the required periods and intends, if the certificate is granted, to do so permanently;
(b) that he is of good character; and
(c) that he has an adequate knowledge of the national language.
(2) The periods of residence in Singapore or the relevant part of it which are required for the grant of a certificate of naturalisation are periods which amount in the aggregate to not less than 10 years in the 12 years immediately preceding the date of the application for the certificate and which include the 12 months immediately preceding that date.
(3) A person to whom a certificate of naturalisation is granted shall be a citizen of Singapore by naturalisation from the date on which the certificate is granted.
(4) No certificate of naturalisation shall be granted to any person until he has taken the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.

Renunciation of citizenship
128.—(1) Any citizen of Singapore of or over the age of 21 years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of Singapore by declaration registered by the Government, and shall upon such registration cease to be a citizen of Singapore.
(2) The Government may withhold the registration of a declaration under this Article —
(a) if the declaration is made during any war in which Singapore is engaged; or
(b) if the declaration is made by a person subject to the Enlistment Act (Cap. 93) unless he has —
(i) discharged his liability for full-time service under section 12 of that Act;
(ii) rendered at least 3 years of operationally ready national service under section 13 of that Act in lieu of such full-time service; or
(iii) complied with such conditions as may be determined by the Government.

(3) This Article applies to a woman under the age of 21 years who has been married as it applies to a person of or over that age.

Deprivation of citizenship
129.—(1) A citizen of Singapore who is a citizen by registration or by naturalisation shall cease to be such a citizen if he is deprived of his citizenship by an order of the Government made in accordance with this Article.
(2) The Government may, by order, deprive any such citizen of his citizenship if the Government is satisfied that the registration or the certificate of naturalisation —
(a) was obtained by means of fraud, false representation or the concealment of any material fact; or
(b) was effected or granted by mistake.

(3) The Government may, by order, deprive of his citizenship —
(a) any person who is a citizen of Singapore by naturalisation if the Government is satisfied —
(i) that he has shown himself by act or speech to be disloyal or disaffected towards Singapore; or
(ii) that he has, during any war in which Singapore is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or

(b) any citizen of Singapore by registration or by naturalisation if the Government is satisfied —
(i) that he has, within the period of 5 years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than one year or to a fine of not less than $5,000 or the equivalent in the currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced; or
(ii) that he has, at any time after registration or naturalisation, been engaged in any activities which are prejudicial to the security of Singapore, or the maintenance of public order therein, or the maintenance therein of essential services, or in any criminal activities which are prejudicial to the interests of public safety, peace or good order.

(4) The Government may, by order, deprive of his citizenship any person who is a citizen of Singapore by naturalisation if the Government is satisfied that, without the Government’s approval, he has accepted, served in or performed the duties of any office, post or employment under the government of any foreign country or any political subdivision thereof, or under any agency of such a government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment:
Provided that a person shall not be deprived of his citizenship under this clause by reason of anything done before the commencement of this Constitution notwithstanding that he was at the time a citizen of Singapore.

(5) The Government may, by order, deprive of his citizenship any person who is a citizen of Singapore by naturalisation if the Government is satisfied that he has been ordinarily resident in foreign countries for a continuous period of 5 years and during that period has neither —
(a) been at any time in the service of Singapore or of an international organisation of which the Government was a member; nor
(b) registered annually at a consulate of Singapore his intention to retain his citizenship.

(6) The Government may, by order, deprive of her citizenship any woman who is a citizen of Singapore by registration under Article 123(2) if the Government is satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of 2 years beginning with the date of the marriage.
(7) No person shall be deprived of his citizenship under this Article or under Article 130 unless the Government is satisfied that it is not conducive to the public good that that person should continue to be a citizen of Singapore; and no person shall be deprived of his citizenship under clause (2)(b) or clause (3)(a) or (b) (i) or under clause (4) or (5) or under Article 130 if the Government is satisfied that as a result of the deprivation he would not be a citizen of any country.

Deprivation of citizenship of child of person losing citizenship
130. Where a person has —
(a) renounced his citizenship; or
(b) been deprived of his citizenship under Article 129(2)(a) or 134(1)(a),
the Government may, by order, deprive of his citizenship any child of that person under the age of 21 years who has been registered as a citizen of Singapore pursuant to this Constitution and was so registered as being the child of that person or of that person’s wife or husband.

General provisions as to loss of citizenship
131. Renunciation or deprivation of citizenship of Singapore shall not discharge a person from liability in respect of anything done or omitted to be done before he ceased to be a citizen of Singapore.
Cancellation of enrolment as citizen
132.—(1) Where a person has been enrolled as a citizen of Singapore before the commencement of this Constitution and the Government is satisfied that the enrolment —
(a) was obtained by means of fraud, false representation or the concealment of any material fact; or
(b) was effected by mistake,
the Government may, by order, cancel the enrolment.
(2) Where under this Article a person’s enrolment as a citizen of Singapore is cancelled, that shall not discharge him from liability in respect of anything done or omitted to be done before the cancellation.

Procedure for deprivation
133.—(1) Before making an order under Article 129, 132, 134 or 135, the Government shall give the person, against whom the order is proposed to be made, notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this Article.
(2) If any person to whom such notice is given applies within such time as may be prescribed to have the case referred to a committee of inquiry, the Government shall, and in any other case may, refer the case to a committee of inquiry consisting of a Chairman, who shall be a person qualified to be appointed as a Judge of the Supreme Court, and 2 other members chosen from a panel to be appointed by the Government in that behalf.
(3) The committee of inquiry shall, on such reference, hold an inquiry in such manner as may be prescribed and submit a report to the Government and the Government shall have regard to such report in making the order.

Deprivation of citizenship on acquisition of foreign citizenship
134.—(1) The Government may, by order, deprive a citizen of Singapore of his citizenship if the Government is satisfied that —
(a) he has, while of or over the age of 18 years, at any time after 6th April 1960 acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside Singapore or having so acquired such citizenship before the age of 18 years continues to retain it after that age; or
(b) the citizen, being a woman who is a citizen of Singapore by registration under Article 123(2), has acquired the citizenship of any country outside Singapore by virtue of her marriage to a person who is not a citizen of Singapore.
(2) Where the Government has made an order under this Article depriving a citizen of Singapore of his citizenship, he shall cease to be a citizen with effect from the date of the order.

Deprivation of citizenship on exercise of rights of foreign nationals, etc.
135.—(1) The Government may, by order, deprive a citizen of Singapore of his citizenship if the Government is satisfied that —
(a) he has, while of or over the age of 18 years, at any time after 6th April 1960 voluntarily claimed and exercised any rights (other than any rights in connection with the use of a passport) available to him under the law of any country outside Singapore being rights accorded exclusively to the citizens or nationals of that country;
(b) he has, while of or over the age of 18 years, at any time after 6th April 1960 applied to the authorities of a place outside Singapore for the issue or renewal of a passport or used a passport issued by such authorities as a travel document; or
(c) he is of or over the age of 18 years and has, whether before or after attaining the age of 18 years, been ordinarily resident outside Singapore for a continuous period of 10 years (including any period of residence outside Singapore before 2nd January 1986) and has not at any time —
(i) during that period or thereafter entered Singapore by virtue of a certificate of status or travel document issued by the competent authorities of Singapore; or
(ii) during that period been in the service of the Government or of an international organisation of which Singapore is a member or of such other body or organisation as the President may, by notification in the Gazette, designate.

(2) For the purposes of clause (1)(a), the exercise of a vote in any political election in a place outside Singapore shall be deemed to be the voluntary claim and exercise of a right available under the law of that place.
(3) Where the Government has made an order under this Article depriving a citizen of Singapore of his citizenship, he shall cease to be a citizen with effect from the date of the order.

Termination of citizenship of Malaysia
136. Where a person who was a citizen of Singapore had renounced his citizenship of Malaysia or been deprived of his citizenship of Malaysia by the government of Malaysia before the commencement of this Constitution, such person shall be deemed to have renounced or been deprived of his citizenship of Singapore under this Constitution and to have ceased to be a citizen of Singapore.
Deprivation of citizenship or cancellation of enrolment of child of person losing citizenship
137.—(1) Where a person has been deprived of his citizenship or his enrolment as a citizen has been cancelled under the provisions of this Part, the Government may, by order, deprive of his citizenship or, as the case may be, cancel the enrolment of any child of that person under the age of 21 years who has been registered or enrolled as a citizen under the provisions of this Constitution or the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) and was so registered or enrolled as being the child of that person or of that person’s wife or husband.
(2) No person shall be deprived of his citizenship under clause (1) unless the Government is satisfied that it is not conducive to the public good that he should continue to be a citizen; and no person shall be deprived of his citizenship under clause (1) if the Government is satisfied that as a result of such deprivation he would not be a citizen of any country.

Grant of certificate of citizenship in cases of doubt
138. Upon application made in that behalf in the prescribed manner, the Government may grant in the form prescribed a certificate of citizenship to a person with respect to whose citizenship a doubt exists, whether of fact or of law:
Provided that where the Government is satisfied that such a certificate was obtained in circumstances set out in Article 132(1) (a) or (b), the Government may, by order, cancel such certificate.

Commonwealth citizenship
139.—(1) In accordance with the position of Singapore within the Commonwealth, every person who is a citizen of Singapore enjoys by virtue of that citizenship the status of a Commonwealth citizen in common with the citizens of other Commonwealth countries.
(2) Any existing law shall, except so far as Parliament otherwise provides, apply in relation to a citizen of the Republic of Ireland who is not also a Commonwealth citizen as it applies in relation to a Commonwealth citizen.

Application of Third Schedule
140. Until the Legislature otherwise provides by law, the supplementary provisions contained in the Third Schedule shall have effect for the purposes of this Part.
Repeal
141.—(1) The Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) is hereby repealed.
(2) Any person who immediately before 16th September 1963 was, by virtue of the Singapore Citizenship Ordinance 1957, a citizen of Singapore by birth, descent, registration or naturalisation, shall as from that date continue, subject to the provisions of this Constitution, to possess that status.
(3) Where a person would have been a citizen of Singapore by descent immediately before 16th September 1963 if his birth had been registered under the provisions of the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957), he shall become a citizen of Singapore by descent if his birth is registered at a consulate of Singapore or with the Government in the prescribed manner within one year of its occurrence or, with the permission of the Government, later.
(4) Notwithstanding the repeal of the Singapore Citizenship Ordinance 1957, where a person who has become a citizen of Singapore was liable in respect of things done before 16th September 1963 to be deprived of that status under the Ordinance, then the Government may, by order, deprive him of his citizenship, if proceedings for that purpose are begun during the period of 2 years after that date.
(5) Where a person is liable to be deprived of citizenship under clause (4) and proceedings had before 16th September 1963 been begun to deprive him of citizenship of Singapore under the provisions of the Singapore Citizenship Ordinance 1957, those proceedings shall be treated as proceedings to deprive him of citizenship under that clause and shall be continued as such in accordance with the provisions of the Singapore Citizenship Ordinance 1957 in force immediately before that date.

PART XI
FINANCIAL PROVISIONS
Interpretation of this Part
142.—(1) In this Part, unless the context otherwise requires —
“Development Fund” means the Development Fund established by the Development Fund Act (Cap. 80);
“financial year” means a period of 12 months ending on 31st March in any year.
(1A) Notwithstanding clauses (1C) and (2), where —
(a) before the start of any financial year, the President, acting in his discretion, concurs with the advice of the Minister responsible for finance on the long-term real rates of return which are expected to be earned on the respective components of the relevant assets (referred to in this Article as the expected long-term real rates of return); and
(b) the Minister responsible for finance thereafter certifies under his hand to the President the spending limit for that financial year, specifying an amount which shall not be more than 50% of the total of all amounts ascertained by applying the expected long-term real rates of return so agreed under paragraph (a) for that financial year on the respective components of the relevant assets,
any reference in this Part to the reserves not accumulated by the Government during its current term of office shall exclude those reserves equal to the amount so certified.

(1B) Any provisional certificate on the spending limit for a financial year issued by the Minister responsible for finance under clause (1A)(b) at any time during the financial year shall have the same effect as if it is a final certificate on the spending limit for the financial year until it is superseded by the issue of the final certificate on the spending limit for that same financial year.
(1C) In addition to clause (2), the net investment income and realised capital gains that are —
(a) directly attributable to the relevant assets; and
(b) received by the Government during a financial year in any current term of office of the Government,
shall for the purposes of this Part accrete and be deemed to form part of the past reserves of the Government with effect from the date of the receipt thereof.

(2) For the purposes of this Part, where any net investment income is received during a financial year in any current term of office of the Government —
(a) such amount of the net investment income of the financial year that is derived from the past reserves of the Government as is certified under clause (3); or
(b) if no certificate under clause (3) is made, 50% of the net investment income of the financial year that is derived from the past reserves of the Government not comprised in the relevant assets,
shall accrete and be deemed to form part of the past reserves of the Government with effect from the date of the certificate relating to that financial year made under clause (3) or, if no such certificate is made or earlier made, from the date the accounts and statements referred to in Article 147(5) for that financial year are presented to the President.

(3) The Minister responsible for finance shall, as soon as practicable after the end of every financial year, certify to the President in a certificate relating to that financial year, the amount (not being less than 50%) of the net investment income of that financial year derived from the past reserves of the Government not comprised in the relevant assets which is to accrete and be deemed to form part of the past reserves of the Government; and such certificate shall be final and conclusive evidence of the amount.
[Act 20 of 2015 wef 01/10/2015]
(4) In this Article —
[Deleted by Act 20 of 2015 wef 01/10/2015]
“net investment income”, in relation to a financial year, means the balance of —
(a) the dividends, interest and other income received by the Government during the financial year from investing the reserves of the Government; and
(b) the interest received by the Government during the financial year from loans (whenever given) by the Government,
after deducting all expenses arising from or incidental to investing and managing those reserves (other than costs of purchasing or disposing of or converting investments) and any interest, sinking fund charges and borrowing charges;
[Act 20 of 2015 wef 01/10/2015]
“net investment income of a financial year that is derived from the past reserves” means the share of the net investment income of the financial year that is attributable to the past reserves;
“past reserves of the Government” means the reserves not accumulated by the Government during its current term of office, including accretions thereto deemed under clauses (1C) and (2) to be part thereof, but less such amount that is certified under clause (1A)(b) or such amount adjusted pro-rata based on the period a financial year falls partially within any current term of office of the Government;
“real rate of return” means an annual percentage of return on investment of relevant assets of the Government adjusted for changes in prices due to inflation or deflation and after deducting all expenses arising from or incidental to investing and managing the relevant assets;
“realised capital gains”, in relation to any relevant assets, means all proceeds realised from the disposition of the relevant assets less all costs and expenses arising from or incidental to the disposition, purchase or conversion of the relevant assets, and includes any realised capital losses;
“relevant assets” means all of the following:
(a) the total net assets managed by GIC Private Limited and all its wholly-owned subsidiaries (including those with registered offices outside Singapore) as fund managers for the Government, for any company wholly-owned by the Government and for all the wholly-owned subsidiaries of such a Government company;
[Act 39 of 2014 wef 01/01/2015]
[Act 20 of 2015 wef 01/10/2015]
(b) such moneys of the Government as the Monetary Authority of Singapore receives from the Government as banker to the Government;
[Act 20 of 2015 wef 01/10/2015]
(c) the excess of the assets of the Monetary Authority of Singapore over its liabilities, being assets and liabilities not directly attributable to the Government, and being not already comprised in paragraph (b);
[Act 20 of 2015 wef 01/10/2015]
(d) from 1 April 2016, the excess of the assets of Temasek Holdings (Private) Limited over its liabilities,
[Act 20 of 2015 wef 01/10/2015]
less the following liabilities:
(i) the total liabilities of the Government that is attributable to its borrowings under the Government Securities Act (Cap. 121A) and the Local Treasury Bills Act (Cap. 167); and
(ii) the total liabilities of the Government that is represented by any Government Fund (other than a Government Fund required by written law to be held, managed and administered separately from other Government funds) established by a public Act for special purposes and not already comprised in paragraph (i).

No taxation unless authorised by law
143. No tax or rate shall be levied by, or for the purposes of, Singapore except by or under the authority of law.
Restriction on loans, guarantees, etc.
144.—(1) No guarantee or loan shall be given or raised by the Government —
(a) except under the authority of any resolution of Parliament with which the President, acting in his discretion, concurs;
[Act 28 of 2016 wef 01/04/2017]
(b) under the authority of any law to which this paragraph applies unless the President, acting in his discretion, concurs with the giving or raising of such guarantee or loan; or
[Act 28 of 2016 wef 01/04/2017]
(c) except under the authority of any other written law.
(2) The President, acting in his discretion, may withhold his assent to any Bill passed by Parliament providing, directly or indirectly, for the borrowing of money, the giving of any guarantee or the raising of any loan by the Government if, in the opinion of the President, the Bill is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office.
(3) Clause (1)(b) shall apply to the following laws:
(a) the Asian Development Bank Act (Cap. 15);
(b) the Bretton Woods Agreements Act (Cap. 27);
(c) [Deleted by Act 27/2008 wef 01/01/2009]
(d) the External Loans Act (Cap. 102);
(e) the Financial Procedure Act (Cap. 109);
(f) the International Development Association Act (Cap. 144A);
(g) the International Finance Corporation Act (Cap. 144);
[12/2004 wef 15/05/2004]
(h) the Jurong Town Corporation Act (Cap. 150); and
[12/2004 wef 15/05/2004]
(i) the Loans (International Banks) Act (Cap. 164).
[12/2004 wef 15/05/2004]

Consolidated Fund
145. There shall be in and for Singapore a Consolidated Fund into which, subject to the provisions of any law for the time being in force in Singapore, shall be paid all revenues of Singapore not allocated to specific purposes by any written law.
Withdrawal from Consolidated Fund, etc.
146.—(1) No moneys shall be withdrawn from the Consolidated Fund unless they are —
(a) charged on the Consolidated Fund;
(b) authorised to be issued by a Supply law, Supplementary Supply law or Final Supply law;
(c) authorised to be issued by a resolution passed by Parliament under Article 148B with which the President concurs; or
(d) authorised to be issued by the Minister responsible for finance under Article 148B(4).
(2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by law.
(3) Clause (1) shall not apply to any such sums as are mentioned in Article 147(2) (b) (i), (ii) or (iii).
(4) No moneys in the Development Fund shall be withdrawn —
(a) except for any one or more purposes specified in any written law, being purposes necessary or related to the development of Singapore; and
(b) unless authorised to be issued by a Supply law, Supplementary Supply law or Final Supply law or by the Minister responsible for finance under Article 148B(4).

Annual estimates and financial statements
147.—(1) The Minister responsible for finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure of Singapore during the succeeding financial year which, when approved by the Cabinet, shall be presented to Parliament.
(2) The estimates of expenditure shall show separately —
(a) the total sums required to meet expenditure charged on the Consolidated Fund;
(b) the sums respectively required to meet the heads of other expenditure for the public services proposed to be met from the Consolidated Fund, except the following sums:
(i) sums representing the proceeds of any loan raised by the Government for specific purposes and appropriated for those purposes by the law authorising the raising of the loan;
(ii) sums representing any money or interest on money received by the Government subject to a trust and to be applied in accordance with the terms of the trust; and
(iii) sums representing any money held by the Government which has been received or appropriated for the purpose of any trust fund established by or in accordance with any written law; and

(c) the sums respectively required to meet the heads of expenditure proposed to be met from the Development Fund.

(3) The estimates of revenue to be shown in the estimates shall not include any sums received by way of zakat, fitrah and baitulmal or similar Muslim revenue.
(4) The Minister responsible for finance shall also present to Parliament together with the estimates of revenue and expenditure —
(a) a statement whether the annual estimates of revenue and expenditure is likely to draw on the reserves which were not accumulated by the Government during its current term of office; and
(b) an audited statement showing as far as practicable the assets and liabilities of Singapore at the end of the last completed financial year.

(5) The Minister responsible for finance shall, as soon as practicable after the end of every financial year, prepare in respect of that year —
(a) in relation to accounts maintained in respect of the Consolidated Fund, a full and particular account showing the amounts actually received and spent in that year, and a full and particular statement showing receipts and expenditure of any loan moneys;
(b) a statement of receipts and expenditure of moneys accounted in the Development Fund Account;
(c) a statement of receipts and expenditure of moneys accounted in any Government fund created by any law;
(d) so far as is practicable, a statement of the assets and liabilities of Singapore at the end of the financial year;
(e) so far as is practicable, a statement of outstanding guarantees and other financial liabilities of Singapore at the end of the financial year; and
(f) such other statements as the Minister may think fit,
and, after the accounts and statements referred to in this clause have been audited, present to the President those audited accounts and statements together with another statement stating whether the audited accounts and statements referred to in this clause show any drawing on or likelihood of drawing on the reserves of the Government which were not accumulated by the Government during its current term of office.

Authorisation of expenditure from Consolidated Fund and Development Fund
148.—(1) The heads of expenditure to be met from the Consolidated Fund and Development Fund (other than statutory expenditure and expenditure to be met by such sums as are mentioned in Article 147(2)(b)(i), (ii) or (iii)) shall be included in a Bill to be known as a Supply Bill, providing for the issue from the Consolidated Fund and Development Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.
(2) Wherever —
(a) any moneys are expended or are likely to be expended in any financial year upon any service or purpose which are in excess of the sum provided for that service or purpose by the Supply law relating to that year; or
(b) any moneys are expended or are likely to be expended (otherwise than by way of statutory expenditure) in any financial year upon any new service or purpose not provided for by the Supply law relating to that year,
supplementary estimates (or, as the case may be, statements of excess) shall be prepared by the Minister responsible for finance and, when approved by the Cabinet, shall be presented to and voted on by Parliament; in respect of all supplementary expenditure so voted, the Minister responsible for finance may, at any time before the end of the financial year, introduce into Parliament a Supplementary Supply Bill containing, under appropriate heads, the estimated sums so voted and shall, as soon as possible after the end of each financial year, introduce into Parliament a Final Supply Bill containing any such sums which have not yet been included in any Supply Bill.

(2A) The Minister responsible for finance shall, in presenting to Parliament any supplementary estimates or statement of excess under clause (2), also present a statement stating whether the supplementary estimates or statement of excess, as the case may be, is likely to draw on the reserves which were not accumulated by the Government during its current term of office.
(3) The part of any estimates of expenditure presented to Parliament which shows statutory expenditure shall not be voted on by Parliament, and such expenditure shall, without further authority of Parliament, be paid out of the Consolidated Fund.
(4) For the purposes of this Article, “statutory expenditure” means expenditure charged on the Consolidated Fund or on the general revenues and assets of Singapore by virtue of Articles 18, 22J(3), 35(10), 41, 42(3), 108(1), 114, 148E and 148F(4) or by virtue of the provisions of any other law for the time being in force in Singapore.

Withholding of assent to Supply Bill, etc.
148A.—(1) The President may, acting in his discretion, withhold his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill for any financial year if, in his opinion, the estimates of revenue and expenditure for that year, the supplementary estimates or the statement of excess, as the case may be, are likely to lead to a drawing on the reserves which were not accumulated by the Government during its current term of office, except that if the President assents to any such Bill notwithstanding his opinion that the estimates, supplementary estimates or statement of excess are likely to lead to a drawing on those reserves, the President shall state his opinion in writing addressed to the Speaker and shall cause his opinion to be published in the Gazette.
(2) If the President withholds his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill relating to any financial year and no resolution to overrule the President is passed by Parliament under Article 37IF within 30 days of such withholding of assent, Parliament may by resolution authorise expenditure or supplementary expenditure, as the case may be, (not otherwise authorised by law) from the Consolidated Fund and Development Fund during that financial year:
Provided that —
(a) where the President withholds his assent to a Supply Bill, the expenditure so authorised for any service or purpose for that financial year (which shall include any amount authorised under Article 148B(4)) shall not exceed the total amount appropriated for that service or purpose in the preceding financial year; or
(b) where the President withholds his assent to a Supplementary Supply Bill or Final Supply Bill, the expenditure so authorised for any service or purpose shall not exceed the amount necessary to replace an amount advanced from any Contingencies Fund under Article 148C(1) for that service or purpose.
[Act 28 of 2016 wef 01/04/2017]

(3) For the purposes of paragraph (a) of the proviso to clause (2), the total amount appropriated for any service or purpose in any financial year shall be ascertained by adding the sums appropriated for such service or purpose by the Supply law, Supplementary Supply law and Final Supply law (if any) for that financial year.
(3A) Upon the passing of a resolution under clause (2), the Minister responsible for finance shall introduce in Parliament a Supply Bill, Supplementary Supply Bill or Final Supply Bill, as the case may be, containing, under appropriate heads, the sums so voted on by Parliament.
(4) In forming his opinion under clause (1) in relation to any Supplementary Supply Bill or Final Supply Bill, the President shall not have regard to any amount for any service or purpose included in the Supplementary Supply Bill or Final Supply Bill which is to replace any amount advanced from any Contingencies Fund under Article 148C(1).
(5) [Deleted by Act 28 of 2016 wef 01/04/2017]

Power to authorise expenditure on account, etc., or for unspecified purposes
148B.—(1) Subject to clause (3), Parliament may, by resolution approving estimates containing a vote on account, authorise expenditure for part of any year before the passing of the Supply law for that year, but the aggregate sums so voted shall be included under the appropriate heads, in the Supply law for that year.
(2) Subject to clause (3), Parliament may, by resolution approving a vote of credit, authorise expenditure for the whole or part of the year, otherwise than in accordance with Articles 147 and 148, if, owing to the magnitude or indefinite character of any service or to circumstances of unusual urgency, it appears to Parliament desirable to do so.
(3) No resolution of Parliament made under clause (1) or (2) shall have effect unless the President, acting in his discretion, concurs therewith.
(4) If no Supply Bill has become law by the first day of the financial year to which it relates (whether by reason of the President withholding his assent thereto or otherwise), the Minister responsible for finance may, with the prior approval of the Cabinet, authorise such expenditure (not otherwise authorised by law) from the Consolidated Fund, Development Fund or other Government fund as he may consider essential for the continuance of the public services or any purpose of development shown in the estimates until there is a supply law for that financial year:
Provided that the expenditure so authorised for any service or purpose shall not exceed one-quarter of the amount voted for that service or purpose in the Supply law for the preceding financial year.

Contingencies Funds
148C.—(1) The Legislature may by law create a Contingencies Fund each for the Consolidated Fund and for the Development Fund and authorise the Minister responsible for finance to make advances from the appropriate Contingencies Fund if —
(a) he is satisfied that there is an urgent and unforeseen need for expenditure for which no provision or no sufficient provision has been made by a Supply law; and
(b) the President, acting in his discretion, concurs with the making of such advances.
(2) Where any advance is made by virtue of the authority conferred under clause (1), a supplementary estimate of the sum required to replace the amount so advanced shall, as soon as practicable, be presented to and voted on by Parliament and the sum shall be included in a Supplementary Supply Bill or Final Supply Bill.
(3) If the Minister responsible for finance intends to make any advance from a Contingencies Fund, he shall present to the President a statement stating whether the proposed advance, if replaced, is likely to draw on the reserves which were not accumulated by the Government during its current term of office.
(4) The President may, acting in his discretion, refuse to concur with the making of an advance from a Contingencies Fund which in his opinion, if replaced, is likely to draw on the reserves which were not accumulated by the Government during its current term of office.

148D. [Repealed by Act 28 of 2016 wef 01/04/2017]
Debt charges and moneys required to satisfy judgments
148E.—(1) The following are hereby charged on the Consolidated Fund:
(a) all debt charges for which the Government is liable; and
(b) any moneys required to satisfy any judgment, decision or award against the Government by any court or tribunal.
(2) For the purposes of this Article, “debt charges” includes interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.

Appointment of Auditor-General
148F.—(1) There shall be an Auditor-General who shall be appointed or re-appointed, as the case may be, by the President in accordance with the advice of the Prime Minister unless the President, acting in his discretion, does not concur with that advice.
(2) The Prime Minister shall, before tendering any advice under clause (1), consult the Chairman of the Public Service Commission.
(3) It shall be the duty of the Auditor-General to audit and report on the accounts of all departments and offices of the Government, the Public Service Commission, the Legal Service Commission, the Supreme Court, all subordinate courts and Parliament.
(4) The Auditor-General shall perform such other duties and exercise such other powers in relation to the accounts of the Government and accounts of other public authorities and other bodies administering public funds as may be prescribed by or under any written law.
(5) Subject to clauses (7) and (8), the Auditor-General shall hold office for a term of 6 years and shall cease to hold that office at the end of that term, but without prejudice to his eligibility for re-appointment for further terms of 6 years each.
(6) [Deleted by Act 2/2001 wef 02/08/2001]
(7) The Auditor-General may at any time resign his office by writing under his hand addressed to the President.
(8) The Auditor-General may be removed from office by the President, if the President concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Auditor-General to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the Chief Justice and 2 other Judges of the Supreme Court nominated for that purpose by the Chief Justice.
(9) The tribunal constituted under clause (8) shall regulate its own procedure and may make rules for that purpose.
(10) Parliament shall by resolution provide for the remuneration of the Auditor-General and the remuneration so provided shall be charged on the Consolidated Fund.
(10A) Subject to the provisions of this Constitution, the terms of service of the Auditor-General may be prescribed in regulations made by the President and published in the Gazette, and in so far as they are not prescribed by such law, be determined by the President.
[Act 39 of 2014 wef 01/01/2015]
(10B) Regulations made under clause (10A) may provide that any gratuity payable in respect of service as the Auditor-General shall be charged on the Consolidated Fund.
[Act 39 of 2014 wef 01/01/2015]
(11) The remuneration and other terms of service of the Auditor-General shall not be altered to his disadvantage during his continuance in office.

Duty to inform President of certain transactions
148G.—(1) It shall be the duty of the Auditor-General and the Accountant-General to inform the President of any proposed transaction by the Government which to their knowledge is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office.
(2) Where the President has been so informed under clause (1) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction.
(3) Where the President does not disapprove of any proposed transaction under clause (2) even though he is of the opinion that the proposed transaction is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office, the President shall cause his decision and opinion to be published in the Gazette.

Publication of President’s opinion regarding certain liabilities of the Government
148H. Where the President considers that certain liabilities of the Government, though not requiring his approval, are likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office, he shall state his opinion in writing to the Prime Minister and shall cause the opinion to be published in the Gazette.
Transfer of Government’s past reserves
148I.—(1) Notwithstanding any provision in this Part, a proposed transfer or transfer (whether by or under any written law or otherwise) by the Government of any of its reserves to —
(a) a Government company specified in Part II of the Fifth Schedule (referred to in this clause and clause (2) as the transferee company); or
(b) a statutory board specified in Part I of the Fifth Schedule (referred to in this clause and clause (2) as the transferee board),
shall not be taken into account in determining whether the reserves accumulated by the Government before its current term of office are likely to be or have been drawn on if —
(i) in the case of a proposed transfer or transfer of reserves by the Government to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the Government shall be added to the reserves accumulated by the transferee company before the current term of office of the Government; or
(ii) in the case of a proposed transfer or transfer of reserves by the Government to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the Government shall be added to the reserves accumulated by the transferee board before the current term of office of the Government.
(2) Any reserves transferred by the Government together with or under any undertaking, resolution or written law referred to in clause (1) shall be deemed to form part of the reserves accumulated by the transferee company or (as the case may be) transferee board before the current term of office of the Government as follows:
(a) where the Supply Bill for any financial year provides for the proposed transfer of reserves and the Supply Bill is assented to by the President — at the beginning of that financial year;
(b) where a Supplementary Supply Bill provides for the proposed transfer and the Bill is assented to by the President — on the date of such assent by the President; or
(c) in any other case — on the date those reserves are so transferred.

PART XII
SPECIAL POWERS AGAINST SUBVERSION AND EMERGENCY POWERS
Legislation against subversion
149.—(1) If an Act recites that action has been taken or threatened by any substantial body of persons, whether inside or outside Singapore —
(a) to cause, or to cause a substantial number of citizens to fear, organised violence against persons or property;
(b) to excite disaffection against the President or the Government;
(c) to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence;
(d) to procure the alteration, otherwise than by lawful means, of anything by law established; or
(e) which is prejudicial to the security of Singapore,
any provision of that law designed to stop or prevent that action or any amendment to that law or any provision in any law enacted under clause (3) is valid notwithstanding that it is inconsistent with Article 9, 11, 12, 13 or 14, or would, apart from this Article, be outside the legislative power of Parliament.
(2) A law containing such a recital as is mentioned in clause (1) shall, if not sooner repealed, cease to have effect if a resolution is passed by Parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this Article.
(3) If, in respect of any proceedings whether instituted before or after 27th January 1989, any question arises in any court as to the validity of any decision made or act done in pursuance of any power conferred upon the President or the Minister by any law referred to in this Article, such question shall be determined in accordance with the provisions of any law as may be enacted by Parliament for this purpose; and nothing in Article 93 shall invalidate any law enacted pursuant to this clause.

Proclamation of Emergency
150.—(1) If the President is satisfied that a grave emergency exists whereby the security or economic life of Singapore is threatened, he may issue a Proclamation of Emergency.
(2) If a Proclamation of Emergency is issued when Parliament is not sitting, the President shall summon Parliament as soon as practicable, and may, until Parliament is sitting, promulgate ordinances having the force of law, if satisfied that immediate action is required.
(3) A Proclamation of Emergency and any ordinance promulgated under clause (2) shall be presented to Parliament and, if not sooner revoked, shall cease to have effect if a resolution is passed by Parliament annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the President to issue a new Proclamation under clause (1) or promulgate any ordinance under clause (2).
(4) Subject to clause (5)(b), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution, make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and any provision of this Constitution (except Articles 22E, 22H, 144(2) and 148A) or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the President for his assent, shall not apply to a Bill for such a law or an amendment to such a Bill.
(5) (a) Subject to paragraph (b), no provision of any ordinance promulgated under this Article, and no provision of any Act which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.
(b)Paragraph (a) shall not validate any provision inconsistent with —
(i) [Deleted by Act 28 of 2016 wef 01/04/2017]
(ii) [Deleted by Act 28 of 2016 wef 01/04/2017]
(iii) the provisions of this Constitution relating to religion, citizenship or language.

(6) At the expiration of a period of 6 months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

Restrictions on preventive detention
151.—(1) Where any law or ordinance made or promulgated in pursuance of this Part provides for preventive detention —
(a) the authority on whose order any person is detained under that law or ordinance shall as soon as may be, inform him of the grounds for his detention and, subject to clause (3), the allegations of fact on which the order is based, and shall give him the opportunity of making representations against the order as soon as may be; and
(b) no citizen of Singapore shall be detained under that law or ordinance for a period exceeding 3 months unless an advisory board constituted as mentioned in clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the President.
(2) An advisory board constituted for the purposes of this Article shall consist of a chairman, who shall be appointed by the President and who shall be or have been, or be qualified to be, a Judge of the Supreme Court, and 2 other members, who shall be appointed by the President after consultation with the Chief Justice.
(3) This Article does not require any authority to disclose facts the disclosure of which would, in its opinion, be against the national interest.
(4) Where an advisory board constituted for the purposes of this Article recommends the release of any person under any law or ordinance made or promulgated in pursuance of this Part, the person shall not be detained or further detained without the concurrence of the President, acting in his discretion, if the recommendations of the advisory board are not accepted by the authority on whose advice or order the person is detained.
[Act 28 of 2016 wef 01/04/2017]

Defence and security measures
151A.—(1) Articles 22B(7), 22D(6), 148G(2) and (3) and 148H shall not apply to any defence and security measure.
(2) For the purposes of clause (1), a defence and security measure means any liability or proposed transaction which the Prime Minister and the Minister responsible for defence, on the recommendations of the Permanent Secretary to the Ministry of Defence and the Chief of Defence Force, certify to be necessary for the defence and security of Singapore, and any certificate under the hands of the Prime Minister and the Minister responsible for defence shall be conclusive evidence of the matters specified therein.

PART XIII
GENERAL PROVISIONS
Minorities and special position of Malays
152.—(1) It shall be the responsibility of the Government constantly to care for the interests of the racial and religious minorities in Singapore.
(2) The Government shall exercise its functions in such manner as to recognise the special position of the Malays, who are the indigenous people of Singapore, and accordingly it shall be the responsibility of the Government to protect, safeguard, support, foster and promote their political, educational, religious, economic, social and cultural interests and the Malay language.

Muslim religion
153. The Legislature shall by law make provision for regulating Muslim religious affairs and for constituting a Council to advise the President in matters relating to the Muslim religion.
Official languages and national language
153A.—(1) Malay, Mandarin, Tamil and English shall be the 4 official languages in Singapore.
(2) The national language shall be the Malay language and shall be in the Roman script:
Provided that —
(a) no person shall be prohibited or prevented from using or from teaching or learning any other language; and
(b) nothing in this Article shall prejudice the right of the Government to preserve and sustain the use and study of the language of any other community in Singapore.

Impartial treatment of Government employees
154. Subject to the provisions of this Constitution, all persons of whatever race in the same grade of the service of the Government shall, subject to the terms and conditions of their employment, be treated impartially.
Exemption
154A. The President, acting in his discretion, may by order published in the Gazette exempt any transaction or class of transactions, from the application of Article 144.
Authorised reprints of Constitution
155.—(1) The Attorney-General may, with the authority of the President, as soon as may be after 4th May 1979 cause to be printed and published a consolidated reprint of the Constitution of Singapore, as amended from time to time, amalgamated with such of the provisions of the Constitution of Malaysia as are applicable to Singapore, into a single, composite document*.
* See Reprint No. 1 of 1980 published on 31st March 1980.
(2) The President may, from time to time, authorise the Attorney-General to cause to be printed and published an up-to-date reprint of the Constitution of the Republic of Singapore, incorporating therein all amendments in force at the date of such authorisation.
(3) Any reprint of the Constitution of the Republic of Singapore, printed and published under clause (1) or (2), shall be deemed to be and shall be, without any question whatsoever in all courts of justice and for all purposes whatsoever, the authentic text of the Constitution of the Republic of Singapore in force as from the date specified in that reprint until superseded by the next or subsequent reprint.
(4) In the preparation and compilation of any reprint under clause (1) or (2), the Attorney-General shall have, with the necessary modifications, the powers conferred upon the Law Revision Commissioners by section 4 of the Revised Edition of the Laws Act (Cap. 275).
(5) In the preparation and compilation of the consolidated reprint under clause (1), the Attorney-General shall have the power in his discretion —
(a) to merge the existing provisions of both Constitutions, making thereto such modifications as may be necessary or expedient in consequence of the independence of Singapore upon separation from Malaysia;
(b) to re-arrange the Parts, Articles and provisions of the Constitution of Singapore and of the Constitution of Malaysia in such connected sequence as he thinks fit, omitting inappropriate or inapplicable provisions, in the latter Constitution;
(c) where provisions exist in both Constitutions on the same subject-matter, to include in the consolidated reprint the provisions of the Constitution of Singapore on such subject-matter and to omit the duplicated provisions appearing in the Constitution of Malaysia from the consolidated reprint; and
(d) generally, to do all other things necessitated by, or consequential upon, the exercise of the powers conferred upon the Attorney-General by this Article or which may be necessary or expedient for the perfecting of the consolidated reprint of the Constitution of the Republic of Singapore.

Date of coming into operation of Constitution
156. [Omitted]

PART XIV
TRANSITIONAL PROVISIONS
Existing Standing Orders
157. The Standing Orders of the Legislative Assembly established by the Singapore (Constitution) Order in Council 1958 (S.I. 1958 No. 1956) which are in force immediately before the commencement of this Constitution shall, subject to amendment or revocation under Article 52, be the Standing Orders of Parliament.
Public officers to continue in office
158. Subject to the provisions of this Constitution, every person who immediately before the commencement of this Constitution holds a public office shall on its commencement continue to hold the like office in the public service.
Terms of service of persons who continue in office
159.—(1) Except where other provision is made by this Constitution, any person who holds any office as from the commencement of this Constitution by virtue of having been the holder of any office immediately before its commencement shall, as from its commencement, be entitled to the same terms of service as were applicable to him immediately before its commencement, and those terms, in so far as they relate to remuneration, shall not be altered to his disadvantage during his continuance in the public service thereafter.
(2) For the purposes of this Article, in so far as the terms of service of any person depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted.

Succession to property
160. Subject to this Article, all property and assets which immediately before the commencement of this Constitution were vested in the State of Singapore shall vest in the Republic of Singapore.
Rights, liabilities and obligations
161. [Omitted]
Existing laws
162. Subject to this Article, all existing laws shall continue in force on and after the commencement of this Constitution and all laws which have not been brought into force by the date of the commencement of this Constitution may, subject as aforesaid, be brought into force on or after its commencement, but all such laws shall, subject to this Article, be construed as from the commencement of this Constitution with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution.
Person holding office of President immediately prior to 30th November 1991 to continue to hold such office
163.—(1) The person holding the office of President immediately prior to 30th November 1991 shall continue to hold such office for the remainder of his term of office and shall exercise, perform and discharge all the functions, powers and duties conferred or imposed upon the office of President by this Constitution as amended by the Constitution of the Republic of Singapore (Amendment) Act 1991 (Act 5 of 1991) (referred to in this Article as the Act), as if he had been elected to the office of President by the citizens of Singapore, except that if that person vacates the office of President before the expiration of his term of office, a poll shall be conducted for the election of a new President within 6 months from the date the office of President became vacant.
(2) The Act shall not affect the appointment of any person made before 30th November 1991 and that person shall continue to hold his office as if he had been appointed in accordance with the provisions of this Constitution as amended by the Act.
(3) This Constitution as amended by the Act shall have effect subject to the following modifications:
(a) the initial term of office of the Government shall be the period beginning from 30th November 1991 and ending on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after the first general election following that date;
(b) Articles 22B and 22D shall apply from the first financial year of a statutory board or Government company beginning not less than 3 months after that date;
(c) in relation to the first financial year of a statutory board or Government company beginning not less than 3 months after that date, any reference in Articles 22B and 22D to the approved budget of the preceding financial year of the statutory board or Government company shall, in the absence of such a budget, be read as a reference to the budget of that preceding financial year; and
(d) Article 148A shall apply in respect of the first financial year of the Government beginning on or after that date as if the resolution of Parliament authorising expenditure from the Development Fund for the preceding financial year forms part of the Supply law or Final Supply law for such preceding financial year.

Transitional provisions for Article 19B
164.—(1) The Legislature must, by law —
(a) specify the first term of office of the President to be counted for the purposes of deciding whether an election is reserved under Article 19B; and
(b) if any of the terms of office that are counted for the purposes of deciding whether an election is reserved under Article 19B commenced before the appointed date, further specify the communities to which the persons who held those terms of office are considered to belong.
(2) In this Article, “appointed date” means the date of commencement of section 9 of the Constitution of the Republic of Singapore (Amendment) Act 2016.
[Act 28 of 2016 wef 01/04/2017]

Transitional provisions for Council of Presidential Advisers
165.—(1) An existing member continues to be a member for the remaining duration of the existing member’s last appointment.
(2) Article 37B(2) applies to the appointment or re-appointment of any person as a member on or after the appointed date.
(3) The first 3 appointments made under Article 37B(2) by the President acting in his discretion must be made as follows:
(a) the first appointment must be made under Article 37B(2)(a)(i) as soon as practicable after the appointed date;
(b) the second appointment must be made under Article 37B(2)(b)(i) as soon as practicable after any existing member appointed by the President acting in his discretion completes the member’s term or vacates the member’s seat;
(c) the third appointment must be made under Article 37B(2)(c)(i) as soon as practicable after the remaining existing member appointed by the President acting in his discretion completes the member’s term or vacates the member’s seat.

(4) The first 3 appointments made under Article 37B(2) by the President on the advice of the Prime Minister must be made as follows:
(a) the first appointment must be made under Article 37B(2)(a)(ii) as soon as practicable after the appointed date;
(b) the second appointment must be made under Article 37B(2)(b)(ii) as soon as practicable after any existing member appointed by the President on the Prime Minister’s advice completes the member’s term or vacates the member’s seat;
(c) the third appointment must be made under Article 37B(2)(c)(ii) as soon as practicable after the remaining existing member appointed by the President on the Prime Minister’s advice completes the member’s term or vacates the member’s seat.

(5) The first appointment made under Article 37B(2)(a)(iii) must be made as soon as practicable after the existing member appointed by the President on the Chief Justice’s advice completes the member’s term or vacates the member’s seat.
(6) The first appointment made under Article 37B(2)(b)(iii) must be made as soon as practicable after the existing member appointed by the President on the advice of the Chairman of the Public Service Commission completes the member’s term or vacates the member’s seat.
(7) In this Article, unless the context otherwise requires —
“appointed date” means the date of commencement of section 17 of the Constitution of the Republic of Singapore (Amendment) Act 2016;
“existing member” means a member on the date immediately before the appointed date;
“member” means a member of the Council of Presidential Advisers.
[Act 28 of 2016 wef 01/04/2017]

FIRST SCHEDULE
(Articles 20(3); 27; 37H; 40 (3); 42 (2) (b); 61; 75; 97; 105 (8) and 110C(8))

FORMS OF OATHS
1. Oath of Office of President
I, ……………………………………………………………………………………….., having been elected President of the Republic of Singapore, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability without fear or favour, affection or ill-will, and without regard to any previous affiliation with any political party, and that I will bear true faith and allegiance to the Republic, and that I will preserve, protect and defend the Constitution of the Republic of Singapore.
1A. Oath of Office of Person Exercising Functions of Office of President
I, ………………………………………………………………………………….., *Chairman of the Council of Presidential Advisers/Speaker of Parliament, *being required by/having been appointed under the Constitution of the Republic of Singapore to exercise the functions of the office of President, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability without fear or favour, affection or ill-will, and that I will bear true faith and allegiance to the Republic, and that I will preserve, protect and defend the Constitution of the Republic of Singapore.
* Delete where inapplicable.

2. Oath of Allegiance
I, ……………………………………………………………………………….., having been appointed to the office of ……………………………………………………………………., do solemnly swear (or affirm) that I will bear true faith and allegiance to the Republic of Singapore and that I will preserve, protect and defend the Constitution of the Republic of Singapore.
3. Oath as Member of Parliament
I, ……………………………………………………………………………………….., having been elected as a Member of the Parliament of Singapore, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the Republic of Singapore, and that I will preserve, protect and defend the Constitution of the Republic of Singapore.
4. Oath for due execution of Office of Prime Minister
I, ………………………………………………………….., being chosen and appointed as Prime Minister of Singapore, do solemnly swear (or affirm) that I will at all times faithfully discharge my duties as Prime Minister according to law, and to the best of my knowledge and ability, without fear or favour, affection or ill-will.
4A. Oath for due execution of Office of Minister or Parliamentary Secretary
I, ………………………………………………………., being chosen and appointed as *Minister/Parliamentary Secretary of Singapore, do solemnly swear (or affirm) that I will at all times faithfully discharge my duties as *Minister/Parliamentary Secretary according to law, and to the best of my knowledge and ability, without fear or favour, affection or ill-will.
5. Oath for the due execution of the Office of Chairman or other Member of the Public Service Commission
I, ……………………………………………………………………………….., having been appointed to be *Chairman/a Member of the Public Service Commission do solemnly swear (or affirm) that I will freely and without fear or favour, affection or ill-will, give my counsel and advice in connection with all matters that may be referred to the Public Service Commission and that I will not, directly or indirectly, reveal any such matters to any unauthorised person or otherwise than in the course of duty.
* Delete where inapplicable.

6. Oath of Office of Chief Justice, a Judge of the Supreme Court and a Judicial Commissioner and a Senior Judge of the Supreme Court
[Act 39 of 2014 wef 01/01/2015]
I, ………………………………………………………………………………………., having been appointed to the office of ……………………………………………………………., do solemnly swear (or affirm) that I will faithfully discharge my judicial duties, and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and will preserve, protect and defend the Constitution of the Republic of Singapore.
6A. Oath of Office of International Judge of the Supreme Court
[Act 39 of 2014 wef 01/01/2015]
I, ………………………………………………………………………………………, having been appointed to the office of ……………………………………………………………., do solemnly swear (or affirm) that I will faithfully discharge my judicial duties, and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability.
[Act 39 of 2014 wef 01/01/2015]
7. Oath of Secrecy of Chairman or Member of the Presidential Council for Minority Rights
I, ……………………………………………………………………………………….., having been appointed to be *Chairman/a Member of the Presidential Council for Minority Rights, do solemnly swear (or affirm) that I will not, directly or indirectly, reveal any matter considered in the Presidential Council for Minority Rights to any unauthorised person or otherwise than in the course of duty.
* Delete where inapplicable.

8. Oath of Secrecy of Chairman or Member of Council of Presidential Advisers
I, ……………………………………………………………………………………….., having been appointed to be *Chairman/a Member of the Council of Presidential Advisers do solemnly swear (or affirm) that I will not, directly or indirectly, reveal any matter considered in the Council to any unauthorised person or otherwise than in the course of duty.
*Delete where inapplicable.

SECOND SCHEDULE
(Articles 122 (2); 126 (1) and (3) and 127 (4))

OATH OF RENUNCIATION, ALLEGIANCE AND LOYALTY
I, ………………………………………………………………………., do solemnly swear (or affirm) that I will not exercise the rights, powers and privileges to which I may be entitled by reason of any foreign nationality or citizenship, and that I absolutely and entirely renounce all loyalty to any foreign Sovereign or State or Country and, I, …………………………………………………………………………….., do further solemnly swear (or affirm) that I will be faithful and bear true allegiance to the Republic of Singapore, and that I will observe the laws and be a true, loyal and faithful citizen of Singapore.
THIRD SCHEDULE
(Article 140)

CITIZENSHIP
Minister to exercise functions of Government in respect of citizenship
1. The functions of the Government under Part X shall be exercised by such Minister as the President may, from time to time, direct and references in this Schedule to the Minister shall be construed accordingly.
Decision not subject to appeal
2. A decision of the Government under Part X shall not be subject to appeal or review in any court.
Delegation of Minister’s functions to public officer and right of appeal to Minister against public officer’s decision
3. The Minister may delegate to any public officer of the Government any of his functions under Part X or under this Schedule relating to citizenship by registration and enrolment and the keeping of registers and, in relation to orders under clauses (1), (2), (3) (b), (6) and (7) of Article 129 or Article 132, any of his functions under Article 133 prior to determining whether to make such an order; but any person aggrieved by the decision of a public officer to whom the functions of the Minister are so delegated may appeal to the Minister.
Power to make rules
4. The Minister may make rules and prescribe forms for the purpose of the exercise of his functions under Part X and of this Schedule and, in particular, may provide for the circumstances (including cases of persons ordinarily resident outside Singapore) under which a committee of inquiry under Article 133 is to proceed by way of written representations.
Extension of time for registration of birth
5. The power of the Government under Articles 122 and 141 to allow a longer period for the registration of a birth may be exercised either before or after the registration has been effected.
How notice to be given
6. Any notice to be given by the Minister to any person under Article 133(1) may be sent to that person at his last known address or, in the case of a person under the age of 18 years (not being a married woman) to his parent or guardian at the last known address of the parent or guardian; and if an address at which the notice may be sent to any person under this paragraph is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the Gazette.
Registers to be maintained
7. It shall be the duty of the Minister to compile and maintain —
(a) a register of citizens of Singapore by registration;
(b) a register of citizens of Singapore by naturalisation;
(c) a register of persons to whom certificates of citizenship of Singapore have been issued under Article 138;
(d) a register of persons who have been deprived or deemed to have been deprived of citizenship under any provision of Part X;
(e) a register of citizens of Singapore who have renounced citizenship;
(f) a register of persons enrolled as citizens before the commencement of this Constitution under Article 56* of the Constitution of the State of Singapore;
* Article 56 of the Constitution of the State of Singapore (G.N. Sp. No. S 1/63) was repealed by G.N. No. S 50/66, with effect from 9th August 1965.

(g) a register of persons whose enrolment has been cancelled under the provisions of this Constitution;
(h) an alphabetical index of all persons referred to in paragraphs (a) to (g); and
(i) a register of persons who have been conferred citizenship under Article 121(3).

Minister may correct any register where necessary
8. If the Minister has reason to believe that an error appears in any register compiled under section 7, he shall, after giving notice to the persons concerned and after considering such representations from him as he may choose to make, make such alteration to the register as appears to the Minister to be necessary to correct the error.
Conclusive evidence
9. Subject to section 8, the said register shall be conclusive evidence of the matters therein contained.
Offences
10.—(1) It shall be an offence punishable with imprisonment for 2 years or a fine of $1,000 or both for any person —
(a) knowingly to make any false statement with a view to inducing the Minister to grant or refuse any application under Part X;
(b) to forge or without lawful authority, alter any certificate or without any lawful authority use or have in his possession any certificate which has been so forged or altered;
(c) to fail to comply with any requirement imposed upon him by any rules made under section 4 with respect to the delivering up of certificates; or
(d) to personate or falsely represent himself to be or not to be a person to whom a certificate has been duly granted.
(2) In this section, “certificate” means —
(a) any certificate of enrolment or registration as a citizen granted under Article 56* of the Constitution of the State of Singapore or under Article 123 or 124;
* Article 56 of the Constitution of the State of Singapore (G.N. Sp. No. S 1/63) was repealed by G.N. No. S 50/66, with effect from 9th August 1965.

(b) any certificate of registration of birth granted under Article 122 or 140;
(c) any certificate of registration or naturalisation granted under the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957);
(d) any certificate of citizenship granted under the Singapore Citizenship Ordinance 1957 or Article 138.

Persons born on ships or aircraft
11. For the purposes of Part X, a person born on board a registered ship or aircraft, or on board an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
Posthumous children
12.—(1) A reference in Part X to the status or description of a parent of a person at the time of the person’s birth shall, in the case of a parent who died before the birth of the person, be read as a reference to the status or description of the parent at the time of the parent’s death.
(2) Where the death of a parent of a person occurred before and the birth of the person occurred on or after 16th September 1963, the status or description that would have been applicable to the parent by virtue of subsection (1) if the parent had died after that date shall be deemed to be the status or description applicable to the parent at the time of the parent’s death.

Foundlings
13. Any new born child found exposed in Singapore of unknown and unascertainable parentage shall, until the contrary is proved, be deemed to be a citizen of Singapore by birth; and the date of finding shall be taken to be the date of birth of such child.
Citizenship at birth
14. For the purposes of Part X, a person is to be treated as having at birth any citizenship which he acquires within one year afterwards by virtue of any provision corresponding to the proviso to Article 122(1) or otherwise.
Illegitimate children and adopted children
15.—(1) For the purposes of Part X, references to a person’s father or to his parent or to one of his parents shall, in relation to a person who is illegitimate, be construed as references to his mother.
[12/2004 wef 15/05/2004]
(2) In relation to an adopted child who has been adopted by an order of a court in accordance with the provisions of any law in force in Singapore, references to a person’s father or to his parent or to one of his parents shall be construed as references to the adopter.

Periods of absence to be treated as periods of residence
16. In calculating for the purposes of Part X, a period of residence in Singapore —
(a) a period of absence from Singapore of less than 12 months in the aggregate; and
[12/2004 wef 15/05/2004]
(b) a period of absence from Singapore exceeding 12 months in the aggregate for any cause generally or specially approved by the Government,
[12/2004 wef 15/05/2004]
may be treated as residence in Singapore and a person shall be deemed to be resident in Singapore on a particular day if he had been resident in Singapore before that day and that day is included in any such period of absence as aforesaid.

Certain period of residence not to be taken into account
17. In calculating for the purposes of Part X any period of residence in Singapore, no account shall be taken —
(a) of any period of residence in Singapore whilst a person was or was the member of the family of —
(i) a person recruited outside Singapore serving on full pay in any naval, military or air force other than the naval, military or air force of Singapore; or
(ii) a person recruited outside Singapore serving in a civil capacity in any department of any government operating in Singapore other than a department of the Government;

(b) of any period during which a person was not lawfully resident in Singapore;
(c) of any period spent as an inmate of any prison or as a person detained in lawful custody in any place other than a mental hospital or an approved institution for the purpose of the treatment and rehabilitation of drug addicts under the provisions of any written law; or
(d) except with the consent of the Minister, of any period during which a person is allowed to remain temporarily in Singapore under the authority of any Pass issued under the provisions of any written law relating to immigration.

Discretion of Minister
18.—(1) The Minister shall not be required to assign any reason for the grant or refusal of any application under Part X the decision on which is at his discretion; and the decision of the Minister on any such application shall be final.
(2) [Deleted by Act 9/2010 wef 01/07/2010]

FOURTH SCHEDULE
(Article 39 (1) (c) and 44 (1))

APPOINTMENT OF NOMINATED MEMBERS OF PARLIAMENT
1.—(1) [Deleted by Act 9/2010 wef 01/07/2010]
(2) Subject to the provisions of this Constitution, the President shall, within 6 months after Parliament first sits after any General Election, appoint as nominated Members of Parliament the persons nominated by a Special Select Committee of Parliament.
[9/2010 wef 01/07/2010]
(3) The Special Select Committee of Parliament shall consist of the Speaker as Chairman and 7 Members of Parliament to be nominated by the Committee of Selection of Parliament.
(4) Subject to Article 46, every person appointed as a nominated Member of Parliament shall serve for a term of 2 1/2 years commencing on the date of his appointment.
[24/2002 wef 30/09/2002]
(5) The President shall, if advised by the Special Select Committee of Parliament, extend the term of service of every nominated Member of Parliament appointed before the date of commencement of section 4(a) of the Constitution of the Republic of Singapore (Amendment) Act 2002 for a further period of 6 months so that the total period of any such nominated Member’s term of service shall be 2 1/2 years commencing from the date of his original appointment as such.

2.—(1) In preparing the list of persons to be appointed as nominated Members of Parliament by the President, the Special Select Committee shall invite the general public to submit names of persons who may be considered for nomination by the Committee.
(2) Every name submitted under subsection (1) shall be made in such form as the Special Select Committee may determine, and shall be signed by 2 persons as proposer and seconder, respectively, and by not less than 4 other persons, all of whose names shall appear in any current register of electors.
(3) Before making any nomination for the appointment of nominated Members of Parliament, the Special Select Committee shall, wherever possible, consult other Members of Parliament in such manner as it thinks fit.

3.—(1) The Special Select Committee shall, from the names of persons submitted to the Committee under section 2, nominate not more than 9 persons for appointment by the President as nominated Members of Parliament.
(2) The persons to be nominated shall be persons who have rendered distinguished public service, or who have brought honour to the Republic, or who have distinguished themselves in the field of arts and letters, culture, the sciences, business, industry, the professions, social or community service or the labour movement; and in making any nomination, the Special Select Committee shall have regard to the need for nominated Members to reflect as wide a range of independent and non-partisan views as possible.

4.—(1) Whenever the seat of a nominated Member has become vacant by reason of the expiry of his term of service, the vacancy shall, as soon as practicable, be filled by the President by making an appointment on the nomination of the Special Select Committee referred to in section 1.
(2) Whenever the seat of a nominated Member has become vacant for any reason other than a dissolution of Parliament or the expiry of his term of service, the Special Select Committee may, if it thinks fit, nominate a person for the President to appoint as a nominated Member to fill the vacancy.

5. As soon as practicable after 10th September 1990, the President shall on the nomination of the Special Select Committee appoint not more than 6 persons as nominated Members of Parliament.
6. Where under section 3 the Special Select Committee has nominated less than 9 persons for appointment by the President as nominated Members, the Committee may, if it thinks fit, from time to time nominate one or more persons for the President to appoint as nominated Members but the number of persons so nominated together with the number of persons already nominated under section 3 shall not exceed 9.
7. Sections 2 and 3(2) shall apply to any nomination made by the Special Select Committee under section 4, 5 or 6; and for the purpose of section 4(1) the Committee may invite the general public to submit names of persons who may be considered for nomination by the Committee before the seat of the nominated Member has become vacant.

FIFTH SCHEDULE
(Articles 22A and 22C)
KEY STATUTORY BOARDS AND GOVERNMENT COMPANIES
PART I
1. [Deleted by Act 24 of 2002 wef 01/10/2002]
2. Central Provident Fund Board.
3. Housing and Development Board.
4. Jurong Town Corporation.
5. Monetary Authority of Singapore.
PART II
1. GIC Private Limited.
2. [Deleted by Act 28 of 2016 wef 01/04/2017]
3. Temasek Holdings (Private) Limited.

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.

Preamble of The Constitution of the Republic of Indonesia of 1945

Consolidated: as amended by the First Amendment (19 October 1999), the Second Amendment (18 August 2000), the Third Amendment (9 November 2001) and
the Fourth Amendment (11 August 2002).

UUD 1945 in Bahasa

PREAMBLE

Whereas independence is a genuine right of all nations and any form of alien occupation should thus be erased from the earth as not in conformity with humanity and justice, Whereas the struggle of the Indonesian independence movement has reached the blissful point of leading the Indonesian people safely and well before the monumental gate of an independent Indonesian State which shall be free, united, sovereign, just and prosperous,

By the grace of God Almighty and urged by the lofty aspiration to exist as a free nation, Now therefore, the people of Indonesia declare herewith their independence, Pursuant to which, in order to form a Government of the State of Indonesia that shall protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation’s intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace and social justice, Indonesia’s National Independence shall be laid down in a Constitution of the State of Indonesia, which is to be established as the State of the Republic of Indonesia with sovereignty of the people and based on the belief in the One and Only God, on just and civilized humanity, on the unity of Indonesia and on democratic rule that is guided by the strength of wisdom resulting from deliberation / representation, so as to realize social justice for all the people of Indonesia


Pembukaan

Bahwa sesungguhnya kemerdekaan itu ialah hak segala bangsa dan oleh sebab itu, maka penjajahan diatas dunia harus dihapuskan karena tidak sesuai dengan perikemanusiaan dan perikeadilan.

Dan perjuangan pergerakan kemerdekaan Indonesia telah sampailah kepada saat yang berbahagia dengan selamat sentosa mengantarkan rakyat Indonesia ke depan pintu gerbang kemerdekaan negara Indonesia, yang merdeka, bersatu, berdaulat, adil dan makmur.

Atas berkat rahmat Allah Yang Maha Kuasa dan dengan didorongkan oleh keinginan luhur, supaya berkehidupan kebangsaan yang bebas, maka rakyat Indonesia menyatakan dengan inikemerdekaannya.

Kemudian daripada itu untuk membentuk suatu pemerintah negara Indonesia yang melindungi segenap bangsa Indonesia dan seluruh tumpah darah Indonesia dan untuk memajukan kesejahteraan umum, mencerdaskan kehidupan bangsa, dan ikut melaksanakan ketertiban dunia yang berdasarkan kemerdekaan, perdamaian abadi dan keadilan sosial, maka disusunlah kemerdekaan kebangsaan Indonesia itu dalam suatu Undang-Undang Dasar negara Indonesia, yang terbentuk dalam suatu susunan negara Republik Indonesia yang berkedaulatan rakyat dengan berdasar kepada : Ketuhanan Yang Maha Esa, kemanusiaan yang adil dan beradab, persatuan Indonesia, dan kerakyatan yang dipimpin oleh hikmat kebijaksanaan dalam permusyawaratan/perwakilan, serta dengan mewujudkan suatu keadilan sosial bagi seluruh rakyat Indonesia.

General Concept of Fundamental Rights in India

  • There exist equitable harmony between Parts III and IV of the Constitution, no intention could be inferred by making the fundamental rights conferred by Part III subservient to the directive principles of State Policy set out in Part IV of the Constitution. The Constitution-makers did not contemplate a disharmony or imbalance between the fundamental rights and the directive principles and indeed they were both meant to supplement each other. The basic structure of the Constitution rests on the foundation that while the directive principles are the mandatory ends of government, those ends can be achieved only through permissible means which are set out in Part III of the Constitution. In other words, the mandatory ends set out in Part IV can be achieved not through totalitarian methods but only through those which are consistent with the fundamental rights conferred by Part III, was the lead argument of Nani Palkiwala in Minerva Mill case.
  • “Mr. N Palkhivala, the learned counsel further argued that it is impossible to envisage  that a destruction of the fundamental freedoms guaranteed by Part III is necessary for achieving the object of some of the directive principles like equal justice and free legal aid, organising village panchayats, providing living wages for workers and just and humane conditions of work, free and compulsory education for children, organisation of agriculture and animal husbandry, and protection of environment and wildlife. What the Constituent Assembly had rejected by creating a harmonious balance between Parts III and IV is brought back by the 42nd Amendment”.

    • Fundamental rights occupy a unique place in the lives of civilized societies and have been variously described in our Judgments as “transcendental”, “inalienable” and “primordial.” For us, it has been said in Kesavananda Bharati (1973) Suppl. SCR 1) (p. 991), they constitute the ark of the Constitution. The significance of the perception that Parts III and IV together constitute the core of commitment to social revolution and they, together, are the conscience of the Constitution is to be traced to a deep understanding of the scheme of the Indian Constitution. Granville Austin’s
      observation brings out the true position that Parts III and IV are like two wheels of a chariot, one no less important than the other. You snap one and the other will lose its efficacy. They are like a twin formula for achieving the social revolution, which is the ideal which the visionary founders of the Constitution set before themselves. In other words, the Indian Constitution is founded on the bedrock of the balance between Parts III and IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution. This harmony and balance between fundamental rights and directive principles is an essential feature of the basic structure of the Constitution.

Devider

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. 

Devider

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 places 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.
(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.

Devider

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 of, 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 officer 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 favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of Scheduled Castes and the Scheduled Tribes which in the opinion of State are not adequately represented in the services under the State.
(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) 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 are being filled up for determining the ceiling of fifty per cent, reservation on total number of vacancies of that year.
(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

(1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) 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.
(4) 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.

Devider

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 or co-operative societies;
(d)to move freely throughout the territory of India;
(e)to reside and settle in any part of the territory of India;and
(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 ofthe 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 prevents 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 practicing 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.

Devider

20. Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of a 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.

Devider

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. Devider

21A. 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.

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:
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
(b)such person is detained in accordance with the provision of any law made by Parliament under sub-clauses (a) and (b) of clause (7).
(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 (he 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).

Devider
23. Prohibition of traffic in human beings and forced labour

(1) Traffic in human beings and beggar 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.

Devider

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.

Devider

27. Freedom as to payment of taxes for promotion of any particular religion

No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions

(1) No religious 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.

Devider

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.

Devider

31. Compulsory acquisition of property Repealed

Rep. by the Constitution (Forty-fourth Amendment) Act, 1978 , section. 6 (w.e.f. 20.6.1979).

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 extinguishments or modification of any such rights, or
(b)the taking over of the management of any property by the Stale 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 byarticle 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.

(2) In this article-
(a) the expression “estate”, shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include-
(i)any jagir, inam or muafi or other similar grant and in the States of Tamil Nadu and Kerala, any janmam right;
(ii)any land held under ryotwari settlement;
(iii)any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;
(b)the expression “rights”, in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue.

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.

31D. Saving of laws in respect of anti-national activities

Repealed

Devider

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 warrant 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 clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction ill 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.

BULLET 2  For Article 32 see Constitutional Remedies and Writ Jurisdiction


32A. Constitutional validity of State laws not to be considered in proceedings under article 32 Repealed by Constitution (Forty-third Amendment) Act, 1977 , section 3 (w .e.f . 13. 4. 1978 )

33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

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 thereof 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.

 

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 )<