The Indian Constitution

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THE CONSTITUTION OF INDIA

Preamble WE, THE PEOPLE OF INDIA, having solemnly resolved to constit te India into a !O"E#EI$N !O%IALI!T !E%&LA# DE'O%#ATI% #EP&(LI% and to sec re to all its citi)ens* +&!TI%E, social, economic and ,oliticalLI(E#T. o/ tho ght, e0,ression, belie/, /aith and 1orshi,E2&ALIT. o/ stat s and o/ o,,ort nityand to ,romote among them all F#ATE#NIT. ass ring the dignity o/ the individ al and the nity and integrity o/ the NationIN O&# %ON!TIT&ENT A!!E'(L. this t1enty3si0th day o/ November, 4565, do HE#E(. ADOPT, ENA%T AND $I"E TO O&#!EL"E! THI! %ON!TIT&TION7

PART I THE UNION AND ITS TERRITORY


47 Name and territory o/ the &nion7894: India, that is (harat, shall be a &nion o/ !tates7 9;: The !tates and the territories thereo/ shall be as s,eci/ied in the First !ched le7 9<: The territory o/ India shall com,rise8 9a: the territories o/ the !tates9b: the &nion territories s,eci/ied in the First !ched le- and 9c: s ch other territories as may be ac= ired7 ;7 Admission or establishment o/ ne1 !tates78Parliament may by la1 admit into the &nion, or establish, ne1 !tates on s ch terms and conditions as it thin>s /it7 ;A7 ?!i>>im to be associated 1ith the &nion7@ #e,7 by the %onstit tion 9Thirty3 si0th Amendment: Act, 45AB, s7 B 917e7/7 ;C36345AB:7 <7 Formation o/ ne1 !tates and alteration o/ areas, bo ndaries or names o/ e0isting !tates78Parliament may by la18 9a: /orm a ne1 !tate by se,aration o/ territory /rom any !tate or by niting t1o or more !tates or ,arts o/ !tates or by niting any territory to a ,art o/ any !tate9b: increase the area o/ any !tate9c: diminish the area o/ any !tate9d: alter the bo ndaries o/ any !tate9e: alter the name o/ any !tate* Provided that no (ill /or the , r,ose shall be introd ced in either Ho se o/ Parliament e0ce,t on the recommendation o/ the President and nless, 1here the

,ro,osal contained in the (ill a//ects the area, bo ndaries or name o/ any o/ the !tates, the (ill has been re/erred by the President to the Legislat re o/ that !tate /or e0,ressing its vie1s thereon 1ithin s ch ,eriod as may be s,eci/ied in the re/erence or 1ithin s ch / rther ,eriod as the President may allo1 and the ,eriod so s,eci/ied or allo1ed has e0,ired7 E0,lanation I78In this article, in cla ses 9a: to 9e:, D!tateEE incl des a &nion territory, b t in the ,roviso, D!tateEE does not incl de a &nion territory7 E0,lanation II78The ,o1er con/erred on Parliament by cla se 9a: incl des the ,o1er to /orm a ne1 !tate or &nion territory by niting a ,art o/ any !tate or &nion territory to any other !tate or &nion territory7 67 La1s made nder articles ; and < to ,rovide /or the amendment o/ the First and the Fo rth !ched les and s ,,lemental, incidental and conse= ential matters7 894: Any la1 re/erred to in article ; or article < shall contain s ch ,rovisions /or the amendment o/ the First !ched le and the Fo rth !ched le as may be necessary to give e//ect to the ,rovisions o/ the la1 and may also contain s ch s ,,lemental, incidental and conse= ential ,rovisions 9incl ding ,rovisions as to re,resentation in Parliament and in the Legislat re or Legislat res o/ the !tate or !tates a//ected by s ch la1: as Parliament may deem necessary7 9;: No s ch la1 as a/oresaid shall be deemed to be an amendment o/ this %onstit tion /or the , r,oses o/ article <CF7

PART II CITIZENSHIP
B7 %iti)enshi, at the commencement o/ the %onstit tion78At the commencement o/ this %onstit tion, every ,erson 1ho has his domicile in the territory o/ India and8 9a: 1ho 1as born in the territory o/ India- or 9b: either o/ 1hose ,arents 1as born in the territory o/ India- or 9c: 1ho has been ordinarily resident in the territory o/ India /or not less than /ive years immediately ,receding s ch commencement, shall be a citi)en o/ India7 C7 #ights o/ citi)enshi, o/ certain ,ersons 1ho have migrated to India /rom Pa>istan7 8Not1ithstanding anything in article B, a ,erson 1ho has migrated to the territory o/ India /rom the territory no1 incl ded in Pa>istan shall be deemed to be a citi)en o/ India at the commencement o/ this %onstit tion i/8 9a: he or either o/ his ,arents or any o/ his grand,arents 1as born in India as de/ined in the $overnment o/ India Act, 45<B 9as originally enacted:- and 9b:9i: in the case 1here s ch ,erson has so migrated be/ore the nineteenth day o/ + ly, 456F, he has been ordinarily resident in the territory o/ India since the date o/ his migration, or 9ii: in the case 1here s ch ,erson has so migrated on or a/ter the nineteenth day o/ + ly, 456F, he has been registered as a citi)en o/ India by an o//icer a,,ointed in that behal/ by the $overnment o/ the Dominion o/ India on an a,,lication made by him there/or to s ch o//icer be/ore the commencement o/ this %onstit tion in the /orm and manner ,rescribed by that $overnment* Provided that no ,erson shall be so registered nless he has been resident in the territory o/ India /or at least si0 months immediately ,receding the date o/ his

a,,lication7 A7 #ights o/ citi)enshi, o/ certain migrants to Pa>istan78Not1ithstanding anything in articles B and C, a ,erson 1ho has a/ter the /irst day o/ 'arch, 456A, migrated /rom the territory o/ India to the territory no1 incl ded in Pa>istan shall not be deemed to be a citi)en o/ India* Provided that nothing in this article shall a,,ly to a ,erson 1ho, a/ter having so migrated to the territory no1 incl ded in Pa>istan, has ret rned to the territory o/ India nder a ,ermit /or resettlement or ,ermanent ret rn iss ed by or nder the a thority o/ any la1 and every s ch ,erson shall /or the , r,oses o/ cla se 9b: o/ article C be deemed to have migrated to the territory o/ India a/ter the nineteenth day o/ + ly, 456F7 F7 #ights o/ citi)enshi, o/ certain ,ersons o/ Indian origin residing o tside India78 Not1ithstanding anything in article B, any ,erson 1ho or either o/ 1hose ,arents or any o/ 1hose grand,arents 1as born in India as de/ined in the $overnment o/ India Act, 45<B 9as originally enacted:, and 1ho is ordinarily residing in any co ntry o tside India as so de/ined shall be deemed to be a citi)en o/ India i/ he has been registered as a citi)en o/ India by the di,lomatic or cons lar re,resentative o/ India in the co ntry 1here he is /or the time being residing on an a,,lication made by him there/or to s ch di,lomatic or cons lar re,resentative, 1hether be/ore or a/ter the commencement o/ this %onstit tion, in the /orm and manner ,rescribed by the $overnment o/ the Dominion o/ India or the $overnment o/ India7 57 Persons vol ntarily ac= iring citi)enshi, o/ a /oreign !tate not to be citi)ens78 No ,erson shall be a citi)en o/ India by virt e o/ article B, or be deemed to be a citi)en o/ India by virt e o/ article C or article F, i/ he has vol ntarily ac= ired the citi)enshi, o/ any /oreign !tate7 4G7 %ontin ance o/ the rights o/ citi)enshi,78Every ,erson 1ho is or is deemed to be a citi)en o/ India nder any o/ the /oregoing ,rovisions o/ this Part shall, s bHect to the ,rovisions o/ any la1 that may be made by Parliament, contin e to be s ch citi)en7 447 Parliament to reg late the right o/ citi)enshi, by la178Nothing in the /oregoing ,rovisions o/ this Part shall derogate /rom the ,o1er o/ Parliament to ma>e any ,rovision 1ith res,ect to the ac= isition and termination o/ citi)enshi, and all other matters relating to citi)enshi,7

PART III FUNDAMENTAL RIGHTS General


4;7 De/inition78In this Part, nless the conte0t other1ise re= ires, Dthe !tateEE incl des the $overnment and Parliament o/ India and the $overnment and the Legislat re o/ each o/ the !tates and all local or other a thorities 1ithin the territory o/ India or nder the control o/ the $overnment o/ India7 4<7 La1s inconsistent 1ith or in derogation o/ the / ndamental rights7894: All la1s in /orce in the territory o/ India immediately be/ore the commencement o/ this %onstit tion, in so /ar as they are inconsistent 1ith the ,rovisions o/ this Part, shall, to the e0tent o/ s ch inconsistency, be void7

9;: The !tate shall not ma>e any la1 1hich ta>es a1ay or abridges the rights con/erred by this Part and any la1 made in contravention o/ this cla se shall, to the e0tent o/ the contravention, be void7 9<: In this article, nless the conte0t other1ise re= ires,8 9a: Dla1I incl des any Ordinance, order, bye3la1, r le, reg lation, noti/ication, c stom or sage having in the territory o/ India the /orce o/ la19b: Dla1s in /orceI incl des la1s ,assed or made by a Legislat re or other com,etent a thority in the territory o/ India be/ore the commencement o/ this %onstit tion and not ,revio sly re,ealed, not1ithstanding that any s ch la1 or any ,art thereo/ may not be then in o,eration either at all or in ,artic lar areas7 96: Nothing in this article shall a,,ly to any amendment o/ this %onstit tion made nder article <CF7 #ight to E= ality 467 E= ality be/ore la178The !tate shall not deny to any ,erson e= ality be/ore the la1 or the e= al ,rotection o/ the la1s 1ithin the territory o/ India7 4B7 Prohibition o/ discrimination on gro nds o/ religion, race, caste, se0 or ,lace o/ birth7894: The !tate shall not discriminate against any citi)en on gro nds only o/ religion, race, caste, se0, ,lace o/ birth or any o/ them7 9;: No citi)en shall, on gro nds only o/ religion, race, caste, se0, ,lace o/ birth or any o/ them, be s bHect to any disability, liability, restriction or condition 1ith regard to8 9a: access to sho,s, , blic resta rants, hotels and ,laces o/ , blic entertainment- or 9b: the se o/ 1ells, tan>s, bathing ghats, roads and ,laces o/ , blic resort maintained 1holly or ,artly o t o/ !tate / nds or dedicated to the se o/ the general , blic7 9<: Nothing in this article shall ,revent the !tate /rom ma>ing any s,ecial ,rovision /or 1omen and children7 96: Nothing in this article or in cla se 9;: o/ article ;5 shall ,revent the !tate /rom ma>ing any s,ecial ,rovision /or the advancement o/ any socially and ed cationally bac>1ard classes o/ citi)ens or /or the !ched led %astes and the !ched led Tribes7 4C7 E= ality o/ o,,ort nity in matters o/ , blic em,loyment7894: There shall be e= ality o/ o,,ort nity /or all citi)ens in matters relating to em,loyment or a,,ointment to any o//ice nder the !tate7 9;: No citi)en shall, on gro nds only o/ religion, race, caste, se0, descent, ,lace o/ birth, residence or any o/ them, be ineligible /or, or discriminated against in res,ect o/, any em,loyment or o//ice nder the !tate7 9<: Nothing in this article shall ,revent Parliament /rom ma>ing any la1 ,rescribing, in regard to a class or classes o/ em,loyment or a,,ointment to an o//ice nder the $overnment o/, or any local or other a thority 1ithin, a !tate or &nion territory, any re= irement as to residence 1ithin that !tate or &nion territory ,rior to s ch em,loyment or a,,ointment7 96: Nothing in this article shall ,revent the !tate /rom ma>ing any ,rovision /or the reservation o/ a,,ointments or ,osts in /avo r o/ any bac>1ard class o/ citi)ens 1hich, in the o,inion o/ the !tate, is not ade= ately re,resented in the services nder the !tate7 96A: Nothing in this article shall ,revent the !tate /rom ma>ing any ,rovision /or reservation in matters o/ ,romotion, 1ith conse= ential seniority, to any class or

classes o/ ,osts in the services nder the !tate in /avo r o/ the !ched led %astes and the !ched led Tribes 1hich, in the o,inion o/ the !tate, are not ade= ately re,resented in the services nder the !tate7 96(: Nothing in this article shall ,revent the !tate /rom considering any n/illed vacancies o/ a year 1hich are reserved /or being /illed , in that year in accordance 1ith any ,rovision /or reservation made nder cla se 96: or cla se 96A: as a se,arate class o/ vacancies to be /illed , in any s cceeding year or years and s ch class o/ vacancies shall not be considered together 1ith the vacancies o/ the year in 1hich they are being /illed , /or determining the ceiling o/ /i/ty ,er cent7 reservation on total n mber o/ vacancies o/ that year7 9B: Nothing in this article shall a//ect the o,eration o/ any la1 1hich ,rovides that the inc mbent o/ an o//ice in connection 1ith the a//airs o/ any religio s or denominational instit tion or any member o/ the governing body thereo/ shall be a ,erson ,ro/essing a ,artic lar religion or belonging to a ,artic lar denomination7 4A7 Abolition o/ &nto chability78D&nto chabilityEE is abolished and its ,ractice in any /orm is /orbidden7 The en/orcement o/ any disability arising o t o/ D&nto chabilityEE shall be an o//ence , nishable in accordance 1ith la17 4F7 Abolition o/ titles7894: No title, not being a military or academic distinction, shall be con/erred by the !tate7 9;: No citi)en o/ India shall acce,t any title /rom any /oreign !tate7 9<: No ,erson 1ho is not a citi)en o/ India shall, 1hile he holds any o//ice o/ ,ro/it or tr st nder the !tate, acce,t 1itho t the consent o/ the President any title /rom any /oreign !tate7 96: No ,erson holding any o//ice o/ ,ro/it or tr st nder the !tate shall, 1itho t the consent o/ the President, acce,t any ,resent, emol ment, or o//ice o/ any >ind /rom or nder any /oreign !tate7 #ight to Freedom 457 Protection o/ certain rights regarding /reedom o/ s,eech, etc7894: All citi)ens shall have the right8 9a: to /reedom o/ s,eech and e0,ression9b: to assemble ,eaceably and 1itho t arms9c: to /orm associations or nions9d: to move /reely thro gho t the territory o/ India9e: to reside and settle in any ,art o/ the territory o/ India- and J J J J J 9g: to ,ractise any ,ro/ession, or to carry on any occ ,ation, trade or b siness7 9;: Nothing in s b3cla se 9a: o/ cla se 94: shall a//ect the o,eration o/ any e0isting la1, or ,revent the !tate /rom ma>ing any la1, in so /ar as s ch la1 im,oses reasonable restrictions on the e0ercise o/ the right con/erred by the said s b3cla se in the interests o/ the sovereignty and integrity o/ India, the sec rity o/ the !tate, /riendly relations 1ith /oreign !tates, , blic order, decency or morality, or in relation to contem,t o/ co rt, de/amation or incitement to an o//ence7 9<: Nothing in s b3cla se 9b: o/ the said cla se shall a//ect the o,eration o/ any e0isting la1 in so /ar as it im,oses, or ,revent the !tate /rom ma>ing any la1 im,osing, in the interests o/ the sovereignty and integrity o/ India or , blic order,

reasonable restrictions on the e0ercise o/ the right con/erred by the said s b3cla se7 96: Nothing in s b3cla se 9c: o/ the said cla se shall a//ect the o,eration o/ any e0isting la1 in so /ar as it im,oses, or ,revent the !tate /rom ma>ing any la1 im,osing, in the interests o/ the sovereignty and integrity o/ India or , blic order or morality, reasonable restrictions on the e0ercise o/ the right con/erred by the said s b3cla se7 9B: Nothing in s b3cla ses 9d: and 9e: o/ the said cla se shall a//ect the o,eration o/ any e0isting la1 in so /ar as it im,oses, or ,revent the !tate /rom ma>ing any la1 im,osing, reasonable restrictions on the e0ercise o/ any o/ the rights con/erred by the said s b3cla ses either in the interests o/ the general , blic or /or the ,rotection o/ the interests o/ any !ched led Tribe7 9C: Nothing in s b3cla se 9g: o/ the said cla se shall a//ect the o,eration o/ any e0isting la1 in so /ar as it im,oses, or ,revent the !tate /rom ma>ing any la1 im,osing, in the interests o/ the general , blic, reasonable restrictions on the e0ercise o/ the right con/erred by the said s b3cla se, and, in ,artic lar, nothing in the said s b3cla se shall a//ect the o,eration o/ any e0isting la1 in so /ar as it relates to, or ,revent the !tate /rom ma>ing any la1 relating to,8 9i: the ,ro/essional or technical = ali/ications necessary /or ,ractising any ,ro/ession or carrying on any occ ,ation, trade or b siness, or 9ii: the carrying on by the !tate, or by a cor,oration o1ned or controlled by the !tate, o/ any trade, b siness, ind stry or service, 1hether to the e0cl sion, com,lete or ,artial, o/ citi)ens or other1ise7 ;G7 Protection in res,ect o/ conviction /or o//ences7894: No ,erson shall be convicted o/ any o//ence e0ce,t /or violation o/ a la1 in /orce at the time o/ the commission o/ the Act charged as an o//ence, nor be s bHected to a ,enalty greater than that 1hich might have been in/licted nder the la1 in /orce at the time o/ the commission o/ the o//ence7 9;: No ,erson shall be ,rosec ted and , nished /or the same o//ence more than once7 9<: No ,erson acc sed o/ any o//ence shall be com,elled to be a 1itness against himsel/7 ;47 Protection o/ li/e and ,ersonal liberty78No ,erson shall be de,rived o/ his li/e or ,ersonal liberty e0ce,t according to ,roced re established by la17 4;;7 Protection against arrest and detention in certain cases7 894: No ,erson 1ho is arrested shall be detained in c stody 1itho t being in/ormed, as soon as may be, o/ the gro nds /or s ch arrest nor shall he be denied the right to cons lt, and to be de/ended by, a legal ,ractitioner o/ his choice7 9;: Every ,erson 1ho is arrested and detained in c stody shall be ,rod ced be/ore the nearest magistrate 1ithin a ,eriod o/ t1enty3/o r ho rs o/ s ch arrest e0cl ding the time necessary /or the Ho rney /rom the ,lace o/ arrest to the co rt o/ the magistrate and no s ch ,erson shall be detained in c stody beyond the said ,eriod 1itho t the a thority o/ a magistrate7 9<: Nothing in cla ses 94: and 9;: shall a,,ly8 9a: to any ,erson 1ho /or the time being is an enemy alien- or 9b: to any ,erson 1ho is arrested or detained nder any la1 ,roviding /or ,reventive detention7

96: No la1 ,roviding /or ,reventive detention shall a thorise the detention o/ a ,erson /or a longer ,eriod than three months nless8 9a: an Advisory (oard consisting o/ ,ersons 1ho are, or have been, or are = ali/ied to be a,,ointed as, + dges o/ a High %o rt has re,orted be/ore the e0,iration o/ the said ,eriod o/ three months that there is in its o,inion s //icient ca se /or s ch detention* Provided that nothing in this s b3cla se shall a thorise the detention o/ any ,erson beyond the ma0im m ,eriod ,rescribed by any la1 made by Parliament nder s b3 cla se 9b: o/ cla se 9A:- or 9b: s ch ,erson is detained in accordance 1ith the ,rovisions o/ any la1 made by Parliament nder s b3cla ses 9a: and 9b: o/ cla se 9A:7 9B: When any ,erson is detained in , rs ance o/ an order made nder any la1 ,roviding /or ,reventive detention, the a thority ma>ing the order shall, as soon as may be, comm nicate to s ch ,erson the gro nds on 1hich the order has been made and shall a//ord him the earliest o,,ort nity o/ ma>ing a re,resentation against the order7 9C: Nothing in cla se 9B: shall re= ire the a thority ma>ing any s ch order as is re/erred to in that cla se to disclose /acts 1hich s ch a thority considers to be against the , blic interest to disclose7 9A: Parliament may by la1 ,rescribe8 9a: the circ mstances nder 1hich, and the class or classes o/ cases in 1hich, a ,erson may be detained /or a ,eriod longer than three months nder any la1 ,roviding /or ,reventive detention 1itho t obtaining the o,inion o/ an Advisory (oard in accordance 1ith the ,rovisions o/ s b3cla se 9a: o/ cla se 96:9b: the ma0im m ,eriod /or 1hich any ,erson may in any class or classes o/ cases be detained nder any la1 ,roviding /or ,reventive detention- and 9c: the ,roced re to be /ollo1ed by an Advisory (oard in an in= iry nder s b3cla se 9a: o/ cla se 96:7 #ight against E0,loitation ;<7 Prohibition o/ tra//ic in h man beings and /orced labo r7894: Tra//ic in h man beings and begar and other similar /orms o/ /orced labo r are ,rohibited and any contravention o/ this ,rovision shall be an o//ence , nishable in accordance 1ith la17 9;: Nothing in this article shall ,revent the !tate /rom im,osing com, lsory service /or , blic , r,oses, and in im,osing s ch service the !tate shall not ma>e any discrimination on gro nds only o/ religion, race, caste or class or any o/ them7 ;67 Prohibition o/ em,loyment o/ children in /actories, etc7 8No child belo1 the age o/ /o rteen years shall be em,loyed to 1or> in any /actory or mine or engaged in any other ha)ardo s em,loyment7 #ight to Freedom o/ #eligion ;B7 Freedom o/ conscience and /ree ,ro/ession, ,ractice and ,ro,agation o/ religion7 894: ! bHect to , blic order, morality and health and to the other ,rovisions o/ this Part, all ,ersons are e= ally entitled to /reedom o/ conscience and the right /reely to ,ro/ess, ,ractise and ,ro,agate religion7 9;: Nothing in this article shall a//ect the o,eration o/ any e0isting la1 or ,revent the !tate /rom ma>ing any la18

9a: reg lating or restricting any economic, /inancial, ,olitical or other sec lar activity 1hich may be associated 1ith religio s ,ractice9b: ,roviding /or social 1el/are and re/orm or the thro1ing o,en o/ Hind religio s instit tions o/ a , blic character to all classes and sections o/ Hind s7 E0,lanation I78The 1earing and carrying o/ >ir,ans shall be deemed to be incl ded in the ,ro/ession o/ the !i>h religion7 E0,lanation II78In s b3cla se 9b: o/ cla se 9;:, the re/erence to Hind s shall be constr ed as incl ding a re/erence to ,ersons ,ro/essing the !i>h, +aina or ( ddhist religion, and the re/erence to Hind religio s instit tions shall be constr ed accordingly7 ;C7 Freedom to manage religio s a//airs78! bHect to , blic order, morality and health, every religio s denomination or any section thereo/ shall have the right8 9a: to establish and maintain instit tions /or religio s and charitable , r,oses9b: to manage its o1n a//airs in matters o/ religion9c: to o1n and ac= ire movable and immovable ,ro,erty- and 9d: to administer s ch ,ro,erty in accordance 1ith la17 ;A7 Freedom as to ,ayment o/ ta0es /or ,romotion o/ any ,artic lar religion78No ,erson shall be com,elled to ,ay any ta0es, the ,roceeds o/ 1hich are s,eci/ically a,,ro,riated in ,ayment o/ e0,enses /or the ,romotion or maintenance o/ any ,artic lar religion or religio s denomination7 ;F7 Freedom as to attendance at religio s instr ction or religio s 1orshi, in certain ed cational instit tions7894: No religio s instr ction shall be ,rovided in any ed cational instit tion 1holly maintained o t o/ !tate / nds7 9;: Nothing in cla se 94: shall a,,ly to an ed cational instit tion 1hich is administered by the !tate b t has been established nder any endo1ment or tr st 1hich re= ires that religio s instr ction shall be im,arted in s ch instit tion7 9<: No ,erson attending any ed cational instit tion recognised by the !tate or receiving aid o t o/ !tate / nds shall be re= ired to ta>e ,art in any religio s instr ction that may be im,arted in s ch instit tion or to attend any religio s 1orshi, that may be cond cted in s ch instit tion or in any ,remises attached thereto nless s ch ,erson or, i/ s ch ,erson is a minor, his g ardian has given his consent thereto7 % lt ral and Ed cational #ights ;57 Protection o/ interests o/ minorities7894: Any section o/ the citi)ens residing in the territory o/ India or any ,art thereo/ having a distinct lang age, scri,t or c lt re o/ its o1n shall have the right to conserve the same7 9;: No citi)en shall be denied admission into any ed cational instit tion maintained by the !tate or receiving aid o t o/ !tate / nds on gro nds only o/ religion, race, caste, lang age or any o/ them7 <G7 #ight o/ minorities to establish and administer ed cational instit tions7 8 94: All minorities, 1hether based on religion or lang age, shall have the right to establish and administer ed cational instit tions o/ their choice7 94A: In ma>ing any la1 ,roviding /or the com, lsory ac= isition o/ any ,ro,erty o/ an ed cational instit tion established and administered by a minority, re/erred to in cla se 94:, the !tate shall ens re that the amo nt /i0ed by or determined nder s ch la1 /or the ac= isition o/ s ch ,ro,erty is s ch as 1o ld not restrict or abrogate the

right g aranteed nder that cla se7 9;: The !tate shall not, in granting aid to ed cational instit tions, discriminate against any ed cational instit tion on the gro nd that it is nder the management o/ a minority, 1hether based on religion or lang age7 J J J <47 ?%om, lsory ac= isition o/ ,ro,erty7@ #e,7 by the %onstit tion 9Forty3/o rth Amendment: Act, 45AF, s7 C 917e7/7 ;G3C345A5:7 !aving o/ %ertain La1s <4A7 !aving o/ la1s ,roviding /or ac= isition o/ estates, etc78 94: Not1ithstanding anything contained in article 4<, no la1 ,roviding /or8 9a: the ac= isition by the !tate o/ any estate or o/ any rights therein or the e0ting ishment or modi/ication o/ any s ch rights, or 9b: the ta>ing over o/ the management o/ any ,ro,erty by the !tate /or a limited ,eriod either in the , blic interest or in order to sec re the ,ro,er management o/ the ,ro,erty, or 9c: the amalgamation o/ t1o or more cor,orations either in the , blic interest or in order to sec re the ,ro,er management o/ any o/ the cor,orations, or 9d: the e0ting ishment or modi/ication o/ any rights o/ managing agents, secretaries and treas rers, managing directors, directors or managers o/ cor,orations, or o/ any voting rights o/ shareholders thereo/, or 9e: the e0ting ishment or modi/ication o/ any rights accr ing by virt e o/ any agreement, lease or licence /or the , r,ose o/ searching /or, or 1inning, any mineral or mineral oil, or the ,remat re termination or cancellation o/ any s ch agreement, lease or licence, shall be deemed to be void on the gro nd that it is inconsistent 1ith, or ta>es a1ay or abridges any o/ the rights con/erred by article 46 or article 45* Provided that 1here s ch la1 is a la1 made by the Legislat re o/ a !tate, the ,rovisions o/ this article shall not a,,ly thereto nless s ch la1, having been reserved /or the consideration o/ the President, has received his assent* Provided / rther that 1here any la1 ma>es any ,rovision /or the ac= isition by the !tate o/ any estate and 1here any land com,rised therein is held by a ,erson nder his ,ersonal c ltivation, it shall not be la1/ l /or the !tate to ac= ire any ,ortion o/ s ch land as is 1ithin the ceiling limit a,,licable to him nder any la1 /or the time being in /orce or any b ilding or str ct re standing thereon or a,, rtenant thereto, nless the la1 relating to the ac= isition o/ s ch land, b ilding or str ct re, ,rovides /or ,ayment o/ com,ensation at a rate 1hich shall not be less than the mar>et val e thereo/7 9;: In this article,8 9a: the e0,ression KKestateEE shall, in relation to any local area, have the same meaning as that e0,ression or its local e= ivalent has in the e0isting la1 relating to land ten res in /orce in that area and shall also incl de8 9i: any Hagir, inam or m a/i or other similar grant and in the !tates o/ Tamil Nad and Lerala, any Hanmam right9ii: any land held nder ryot1ari settlement-

9iii: any land held or let /or , r,oses o/ agric lt re or /or , r,oses ancillary thereto, incl ding 1aste land, /orest land, land /or ,ast re or sites o/ b ildings and other str ct res occ ,ied by c ltivators o/ land, agric lt ral labo rers and village artisans9b: the e0,ression KKrightsEE, in relation to an estate, shall incl de any rights vesting in a ,ro,rietor, s b3,ro,rietor, nder3,ro,rietor, ten re3holder, raiyat, nder3raiyat or other intermediary and any rights or ,rivileges in res,ect o/ land reven e7 <4(7 "alidation o/ certain Acts and #eg lations78Witho t ,reH dice to the generality o/ the ,rovisions contained in article <4A, none o/ the Acts and #eg lations s,eci/ied in the Ninth !ched le nor any o/ the ,rovisions thereo/ shall be deemed to be void, or ever to have become void, on the gro nd that s ch Act, #eg lation or ,rovision is inconsistent 1ith, or ta>es a1ay or abridges any o/ the rights con/erred by, any ,rovisions o/ this Part, and not1ithstanding any H dgment, decree or order o/ any co rt or Trib nal to the contrary, each o/ the said Acts and #eg lations shall, s bHect to the ,o1er o/ any com,etent Legislat re to re,eal or amend it, contin e in /orce7 <4%7 !aving o/ la1s giving e//ect to certain directive ,rinci,les78Not1ithstanding anything contained in article 4<, no la1 giving e//ect to the ,olicy o/ the !tate to1ards sec ring 4?all or any o/ the ,rinci,les laid do1n in Part I"@ shall be deemed to be void on the gro nd that it is inconsistent 1ith, or ta>es a1ay or abridges any o/ the rights con/erred by article 46 or article 45- ;and no la1 containing a declaration that it is /or giving e//ect to s ch ,olicy shall be called in = estion in any co rt on the gro nd that it does not give e//ect to s ch ,olicy* Provided that 1here s ch la1 is made by the Legislat re o/ a !tate, the ,rovisions o/ this article shall not a,,ly thereto nless s ch la1, having been reserved /or the consideration o/ the President, has received his assent7 <4D7 ?!aving o/ la1s in res,ect o/ anti3national activities7@ #e,7 by the %onstit tion 9Forty3third Amendment: Act,45AA, s7; 917e7/74<36345AF:7 #ight to %onstit tional #emedies <;7 #emedies /or en/orcement o/ rights con/erred by this Part7894: The right to move the ! ,reme %o rt by a,,ro,riate ,roceedings /or the en/orcement o/ the rights con/erred by this Part is g aranteed7 9;: The ! ,reme %o rt shall have ,o1er to iss e directions or orders or 1rits, incl ding 1rits in the nat re o/ habeas cor, s, mandam s, ,rohibition, = o 1arranto and certiorari, 1hichever may be a,,ro,riate, /or the en/orcement o/ any o/ the rights con/erred by this Part7 9<: Witho t ,reH dice to the ,o1ers con/erred on the ! ,reme %o rt by cla ses 94: and 9;:, Parliament may by la1 em,o1er any other co rt to e0ercise 1ithin the local limits o/ its H risdiction all or any o/ the ,o1ers e0ercisable by the ! ,reme %o rt nder cla se 9;:7 96: The right g aranteed by this article shall not be s s,ended e0ce,t as other1ise ,rovided /or by this %onstit tion7 <;A7 ?%onstit tional validity o/ !tate la1s not to be considered in ,roceedings nder article <;7@ #e,7 by the %onstit tion 9Forty3third Amendment: Act, 45AA, s7 < 917e7/7 4<36345AF:7 <<7 Po1er o/ Parliament to modi/y the rights con/erred by this Part in their a,,lication to Forces, etc78Parliament may, by la1, determine to 1hat e0tent any o/

the rights con/erred by this Part shall, in their a,,lication to,8 9a: the members o/ the Armed Forces- or 9b: the members o/ the Forces charged 1ith the maintenance o/ , blic order- or 9c: ,ersons em,loyed in any b rea or other organisation established by the !tate /or , r,oses o/ intelligence or co nter intelligence- or 9d: ,ersons em,loyed in, or in connection 1ith, the telecomm nication systems set , /or the , r,oses o/ any Force, b rea or organisation re/erred to in cla ses 9a: to 9c:, be restricted or abrogated so as to ens re the ,ro,er discharge o/ their d ties and the maintenance o/ disci,line among them <67 #estriction on rights con/erred by this Part 1hile martial la1 is in /orce in any area78Not1ithstanding anything in the /oregoing ,rovisions o/ this Part, Parliament may by la1 indemni/y any ,erson in the service o/ the &nion or o/ a !tate or any other ,erson in res,ect o/ any act done by him in connection 1ith the maintenance or restoration o/ order in any area 1ithin the territory o/ India 1here martial la1 1as in /orce or validate any sentence ,assed, , nishment in/licted, /or/eit re ordered or other act done nder martial la1 in s ch area7 <B7 Legislation to give e//ect to the ,rovisions o/ this Part78Not1ithstanding anything in this %onstit tion,8 9a: Parliament shall have, and the Legislat re o/ a !tate shall not have, ,o1er to ma>e la1s8 9i: 1ith res,ect to any o/ the matters 1hich nder cla se 9<: o/ article 4C, cla se 9<: o/ article <;, article << and article <6 may be ,rovided /or by la1 made by Parliament- and 9ii: /or ,rescribing , nishment /or those acts 1hich are declared to be o//ences nder this Partand Parliament shall, as soon as may be a/ter the commencement o/ this %onstit tion, ma>e la1s /or ,rescribing , nishment /or the acts re/erred to in s b3cla se 9ii:9b: any la1 in /orce immediately be/ore the commencement o/ this %onstit tion in the territory o/ India 1ith res,ect to any o/ the matters re/erred to in s b3cla se 9i: o/ cla se 9a: or ,roviding /or , nishment /or any act re/erred to in s b3cla se 9ii: o/ that cla se shall, s bHect to the terms thereo/ and to any ada,tations and modi/ications that may be made therein nder article <A;, contin e in /orce ntil altered or re,ealed or amended by Parliament7 E0,lanation78In this article, the e0,ression Mla1 in /orceNN has the same meaning as in article <A;7

PART IV DIRECTIVE PRINCIPLES OF STATE POLICY


<C7 De/inition78In this Part, nless the conte0t other1ise re= ires, KKthe !tateEE has the same meaning as in Part III7 <A7 A,,lication o/ the ,rinci,les contained in this Part78The ,rovisions contained in this Part shall not be en/orceable by any co rt, b t the ,rinci,les therein laid do1n are nevertheless / ndamental in the governance o/ the co ntry and it shall be the d ty o/ the !tate to a,,ly these ,rinci,les in ma>ing la1s7

<F7 !tate to sec re a social order /or the ,romotion o/ 1el/are o/ the ,eo,le7894: The !tate shall strive to ,romote the 1el/are o/ the ,eo,le by sec ring and ,rotecting as e//ectively as it may a social order in 1hich H stice, social, economic and ,olitical, shall in/orm all the instit tions o/ the national li/e7 9;: The !tate shall, in ,artic lar, strive to minimise the ine= alities in income, and endeavo r to eliminate ine= alities in stat s, /acilities and o,,ort nities, not only amongst individ als b t also amongst gro ,s o/ ,eo,le residing in di//erent areas or engaged in di//erent vocations7 <57 %ertain ,rinci,les o/ ,olicy to be /ollo1ed by the !tate78The !tate shall, in ,artic lar, direct its ,olicy to1ards sec ring8 9a: that the citi)ens, men and 1omen e= ally, have the right to an ade= ate means o/ livelihood9b: that the o1nershi, and control o/ the material reso rces o/ the comm nity are so distrib ted as best to s bserve the common good9c: that the o,eration o/ the economic system does not res lt in the concentration o/ 1ealth and means o/ ,rod ction to the common detriment9d: that there is e= al ,ay /or e= al 1or> /or both men and 1omen9e: that the health and strength o/ 1or>ers, men and 1omen, and the tender age o/ children are not ab sed and that citi)ens are not /orced by economic necessity to enter avocations ns ited to their age or strength9/: that children are given o,,ort nities and /acilities to develo, in a healthy manner and in conditions o/ /reedom and dignity and that childhood and yo th are ,rotected against e0,loitation and against moral and material abandonment7 <5A7 E= al H stice and /ree legal aid78The !tate shall sec re that the o,eration o/ the legal system ,romotes H stice, on a basis o/ e= al o,,ort nity, and shall, in ,artic lar, ,rovide /ree legal aid, by s itable legislation or schemes or in any other 1ay, to ens re that o,,ort nities /or sec ring H stice are not denied to any citi)en by reason o/ economic or other disabilities7 6G7 Organisation o/ village ,anchayats78The !tate shall ta>e ste,s to organise village ,anchayats and endo1 them 1ith s ch ,o1ers and a thority as may be necessary to enable them to / nction as nits o/ sel/3government7 647 #ight to 1or>, to ed cation and to , blic assistance in certain cases78The !tate shall, 1ithin the limits o/ its economic ca,acity and develo,ment, ma>e e//ective ,rovision /or sec ring the right to 1or>, to ed cation and to , blic assistance in cases o/ nem,loyment, old age, sic>ness and disablement, and in other cases o/ ndeserved 1ant7 6;7 Provision /or H st and h mane conditions o/ 1or> and maternity relie/78The !tate shall ma>e ,rovision /or sec ring H st and h mane conditions o/ 1or> and /or maternity relie/7 6<7 Living 1age, etc7, /or 1or>ers78The !tate shall endeavo r to sec re, by s itable legislation or economic organisation or in any other 1ay, to all 1or>ers, agric lt ral, ind strial or other1ise, 1or>, a living 1age, conditions o/ 1or> ens ring a decent standard o/ li/e and / ll enHoyment o/ leis re and social and c lt ral o,,ort nities and, in ,artic lar, the !tate shall endeavo r to ,romote cottage ind stries on an individ al or co3o,erative basis in r ral areas7

6<A7 Partici,ation o/ 1or>ers in management o/ ind stries78The !tate shall ta>e ste,s, by s itable legislation or in any other 1ay, to sec re the ,artici,ation o/ 1or>ers in the management o/ nderta>ings, establishments or other organisations engaged in any ind stry7 667 &ni/orm civil code /or the citi)ens78The !tate shall endeavo r to sec re /or the citi)ens a ni/orm civil code thro gho t the territory o/ India7 6B7 Provision /or /ree and com, lsory ed cation /or children78The !tate shall endeavo r to ,rovide, 1ithin a ,eriod o/ ten years /rom the commencement o/ this %onstit tion, /or /ree and com, lsory ed cation /or all children ntil they com,lete the age o/ /o rteen years7 6C7 Promotion o/ ed cational and economic interests o/ !ched led %astes, !ched led Tribes and other 1ea>er sections78The !tate shall ,romote 1ith s,ecial care the ed cational and economic interests o/ the 1ea>er sections o/ the ,eo,le, and, in ,artic lar, o/ the !ched led %astes and the !ched led Tribes, and shall ,rotect them /rom social inH stice and all /orms o/ e0,loitation7 6A7 D ty o/ the !tate to raise the level o/ n trition and the standard o/ living and to im,rove , blic health78The !tate shall regard the raising o/ the level o/ n trition and the standard o/ living o/ its ,eo,le and the im,rovement o/ , blic health as among its ,rimary d ties and, in ,artic lar, the !tate shall endeavo r to bring abo t ,rohibition o/ the cons m,tion e0ce,t /or medicinal , r,oses o/ into0icating drin>s and o/ dr gs 1hich are inH rio s to health7 6F7 Organisation o/ agric lt re and animal h sbandry78The !tate shall endeavo r to organise agric lt re and animal h sbandry on modern and scienti/ic lines and shall, in ,artic lar, ta>e ste,s /or ,reserving and im,roving the breeds, and ,rohibiting the sla ghter, o/ co1s and calves and other milch and dra ght cattle7 6FA7 Protection and im,rovement o/ environment and sa/eg arding o/ /orests and 1ild li/e78The !tate shall endeavo r to ,rotect and im,rove the environment and to sa/eg ard the /orests and 1ild li/e o/ the co ntry7 657 Protection o/ mon ments and ,laces and obHects o/ national im,ortance78It shall be the obligation o/ the !tate to ,rotect every mon ment or ,lace or obHect o/ artistic or historic interest, declared by or nder la1 made by Parliament to be o/ national im,ortance, /rom s,oliation, dis/ig rement, destr ction, removal, dis,osal or e0,ort, as the case may be7 BG7 !e,aration o/ H diciary /rom e0ec tive78The !tate shall ta>e ste,s to se,arate the H diciary /rom the e0ec tive in the , blic services o/ the !tate7 B47 Promotion o/ international ,eace and sec rity78The !tate shall endeavo r to8 9a: ,romote international ,eace and sec rity9b: maintain H st and honorable relations bet1een nations9c: /oster res,ect /or international la1 and treaty obligations in the dealings o/ organi)ed ,eo,les 1ith one another- and 9d: enco rage settlement o/ international dis, tes by arbitration7

PART IVA FUNDAMENTAL DUTIES


B4A7 F ndamental d ties78It shall be the d ty o/ every citi)en o/ India8

9a: to abide by the %onstit tion and res,ect its ideals and instit tions, the National Flag and the National Anthem9b: to cherish and /ollo1 the noble ideals 1hich ins,ired o r national str ggle /or /reedom9c: to ,hold and ,rotect the sovereignty, nity and integrity o/ India9d: to de/end the co ntry and render national service 1hen called ,on to do so9e: to ,romote harmony and the s,irit o/ common brotherhood amongst all the ,eo,le o/ India transcending religio s, ling istic and regional or sectional diversities- to reno nce ,ractices derogatory to the dignity o/ 1omen9/: to val e and ,reserve the rich heritage o/ o r com,osite c lt re9g: to ,rotect and im,rove the nat ral environment incl ding /orests, la>es, rivers and 1ild li/e, and to have com,assion /or living creat res9h: to develo, the scienti/ic tem,er, h manism and the s,irit o/ in= iry and re/orm9i: to sa/eg ard , blic ,ro,erty and to abH re violence9H: to strive to1ards e0cellence in all s,heres o/ individ al and collective activity so that the nation constantly rises to higher levels o/ endeavo r and achievement7

PART V THE UNION


%ha,ter I78The E0ec tive The President and "ice3President B;7 The President o/ India78There shall be a President o/ India7 B<7 E0ec tive ,o1er o/ the &nion7894: The e0ec tive ,o1er o/ the &nion shall be vested in the President and shall be e0ercised by him either directly or thro gh o//icers s bordinate to him in accordance 1ith this %onstit tion7 9;: Witho t ,reH dice to the generality o/ the /oregoing ,rovision, the s ,reme command o/ the De/ence Forces o/ the &nion shall be vested in the President and the e0ercise thereo/ shall be reg lated by la17 9<: Nothing in this article shall8 9a: be deemed to trans/er to the President any / nctions con/erred by any e0isting la1 on the $overnment o/ any !tate or other a thority- or 9b: ,revent Parliament /rom con/erring by la1 / nctions on a thorities other than the President7 B67 Election o/ President78The President shall be elected by the members o/ an electoral college consisting o/8 9a: the elected members o/ both Ho ses o/ Parliament- and 9b: the elected members o/ the Legislative Assemblies o/ the !tates7 E0,lanation78In this article and in article BB, KK!tateEE incl des the National %a,ital Territory o/ Delhi and the &nion territory o/ Pondicherry7 BB7 'anner o/ election o/ President7 894: As /ar as ,racticable, there shall be ni/ormity in the scale o/ re,resentation o/ the di//erent !tates at the election o/ the President7 9;: For the , r,ose o/ sec ring s ch ni/ormity among the !tates inter se as 1ell as ,arity bet1een the !tates as a 1hole and the &nion, the n mber o/ votes 1hich each

elected member o/ Parliament and o/ the Legislative Assembly o/ each !tate is entitled to cast at s ch election shall be determined in the /ollo1ing manner*8 9a: every elected member o/ the Legislative Assembly o/ a !tate shall have as many votes as there are m lti,les o/ one tho sand in the = otient obtained by dividing the ,o, lation o/ the !tate by the total n mber o/ the elected members o/ the Assembly9b: i/, a/ter ta>ing the said m lti,les o/ one tho sand, the remainder is not less than /ive h ndred, then the vote o/ each member re/erred to in s b3cla se 9a: shall be / rther increased by one9c: each elected member o/ either Ho se o/ Parliament shall have s ch n mber o/ votes as may be obtained by dividing the total n mber o/ votes assigned to the members o/ the Legislative Assemblies o/ the !tates nder s b3cla ses 9a: and 9b: by the total n mber o/ the elected members o/ both Ho ses o/ Parliament, /ractions e0ceeding one3hal/ being co nted as one and other /ractions being disregarded7 9<: The election o/ the President shall be held in accordance 1ith the system o/ ,ro,ortional re,resentation by means o/ the single trans/erable vote and the voting at s ch election shall be by secret ballot7 E0,lanation78 In this article, the e0,ression KK,o, lationEE means the ,o, lation as ascertained at the last ,receding cens s o/ 1hich the relevant /ig res have been , blished* Provided that the re/erence in this E0,lanation to the last ,receding cens s o/ 1hich the relevant /ig res have been , blished shall, ntil the relevant /ig res /or the /irst cens s ta>en a/ter the year ;G;C have been , blished, be constr ed as a re/erence to the 45A4 cens s7 BC7 Term o/ o//ice o/ President7894: The President shall hold o//ice /or a term o/ /ive years /rom the date on 1hich he enters ,on his o//ice* Provided that8 9a: the President may, by 1riting nder his hand addressed to the "ice3President, resign his o//ice9b: the President may, /or violation o/ the %onstit tion, be removed /rom o//ice by im,eachment in the manner ,rovided in article C49c: the President shall, not1ithstanding the e0,iration o/ his term, contin e to hold o//ice ntil his s ccessor enters ,on his o//ice7 9;: Any resignation addressed to the "ice3President nder cla se 9a: o/ the ,roviso to cla se 94: shall /orth1ith be comm nicated by him to the !,ea>er o/ the Ho se o/ the Peo,le7 BA7 Eligibility /or re3election78A ,erson 1ho holds, or 1ho has held, o//ice as President shall, s bHect to the other ,rovisions o/ this %onstit tion, be eligible /or re3 election to that o//ice7 BF7 2 ali/ications /or election as President7894: No ,erson shall be eligible /or election as President nless he8 9a: is a citi)en o/ India, 9b: has com,leted the age o/ thirty3/ive years, and 9c: is = ali/ied /or election as a member o/ the Ho se o/ the Peo,le7 9;: A ,erson shall not be eligible /or election as President i/ he holds any o//ice o/ ,ro/it nder the $overnment o/ India or the $overnment o/ any !tate or nder any

local or other a thority s bHect to the control o/ any o/ the said $overnments7 E0,lanation78For the , r,oses o/ this article, a ,erson shall not be deemed to hold any o//ice o/ ,ro/it by reason only that he is the President or "ice3 President o/ the &nion or the $overnor o/ any !tate or is a 'inister either /or the &nion or /or any !tate7 B57 %onditions o/ PresidentNs o//ice7894: The President shall not be a member o/ either Ho se o/ Parliament or o/ a Ho se o/ the Legislat re o/ any !tate, and i/ a member o/ either Ho se o/ Parliament or o/ a Ho se o/ the Legislat re o/ any !tate be elected President, he shall be deemed to have vacated his seat in that Ho se on the date on 1hich he enters ,on his o//ice as President7 9;: The President shall not hold any other o//ice o/ ,ro/it7 9<: The President shall be entitled 1itho t ,ayment o/ rent to the se o/ his o//icial residences and shall be also entitled to s ch emol ments, allo1ances and ,rivileges as may be determined by Parliament by la1 and, ntil ,rovision in that behal/ is so made, s ch emol ments, allo1ances and ,rivileges as are s,eci/ied in the !econd !ched le7 96: The emol ments and allo1ances o/ the President shall not be diminished d ring his term o/ o//ice7 CG7 Oath or a//irmation by the President78Every President and every ,erson acting as President or discharging the / nctions o/ the President shall, be/ore entering ,on his o//ice, ma>e and s bscribe in the ,resence o/ the %hie/ + stice o/ India or, in his absence, the senior3most + dge o/ the ! ,reme %o rt available, an oath or a//irmation in the /ollo1ing /orm, that is to say8 MI, A7(7, do s1ear in the name o/ $od that I 1ill /aith/ lly e0ec te solemnly a//irm the o//ice o/ President 9or discharge the / nctions o/ the President: o/ India and 1ill to the best o/ my ability ,reserve, ,rotect and de/end the %onstit tion and the la1 and that I 1ill devote mysel/ to the service and 1ell3being o/ the ,eo,le o/ India7M7 C47 Proced re /or im,eachment o/ the President7894: When a President is to be im,eached /or violation o/ the %onstit tion, the charge shall be ,re/erred by either Ho se o/ Parliament7 9;: No s ch charge shall be ,re/erred nless8 9a: the ,ro,osal to ,re/er s ch charge is contained in a resol tion 1hich has been moved a/ter at least /o rteen daysN notice in 1riting signed by not less than one3/o rth o/ the total n mber o/ members o/ the Ho se has been given o/ their intention to move the resol tion, and 9b: s ch resol tion has been ,assed by a maHority o/ not less than t1o3thirds o/ the total membershi, o/ the Ho se7 9<: When a charge has been so ,re/erred by either Ho se o/ Parliament, the other Ho se shall investigate the charge or ca se the charge to be investigated and the President shall have the right to a,,ear and to be re,resented at s ch investigation7 96: I/ as a res lt o/ the investigation a resol tion is ,assed by a maHority o/ not less than t1o3thirds o/ the total membershi, o/ the Ho se by 1hich the charge 1as investigated or ca sed to be investigated, declaring that the charge ,re/erred against

the President has been s stained, s ch resol tion shall have the e//ect o/ removing the President /rom his o//ice as /rom the date on 1hich the resol tion is so ,assed7 C;7 Time o/ holding election to /ill vacancy in the o//ice o/ President and the term o/ o//ice o/ ,erson elected to /ill cas al vacancy7 894: An election to /ill a vacancy ca sed by the e0,iration o/ the term o/ o//ice o/ President shall be com,leted be/ore the e0,iration o/ the term7 9;: An election to /ill a vacancy in the o//ice o/ President occ rring by reason o/ his death, resignation or removal, or other1ise shall be held as soon as ,ossible a/ter, and in no case later than si0 months /rom, the date o/ occ rrence o/ the vacancy- and the ,erson elected to /ill the vacancy shall, s bHect to the ,rovisions o/ article BC, be entitled to hold o//ice /or the / ll term o/ /ive years /rom the date on 1hich he enters ,on his o//ice7 C<7 The "ice3President o/ India78There shall be a "ice3President o/ India7 C67 The "ice3President to be e0 o//icio %hairman o/ the %o ncil o/ !tates78The "ice3President shall be e0 o//icio %hairman o/ the %o ncil o/ !tates and shall not hold any other o//ice o/ ,ro/it* Provided that d ring any ,eriod 1hen the "ice3President acts as President or discharges the / nctions o/ the President nder article CB, he shall not ,er/orm the d ties o/ the o//ice o/ %hairman o/ the %o ncil o/ !tates and shall not be entitled to any salary or allo1ance ,ayable to the %hairman o/ the %o ncil o/ !tates nder article 5A7 CB7 The "ice3President to act as President or to discharge his / nctions d ring cas al vacancies in the o//ice, or d ring the absence, o/ President78 94: In the event o/ the occ rrence o/ any vacancy in the o//ice o/ the President by reason o/ his death, resignation or removal, or other1ise, the "ice3President shall act as President ntil the date on 1hich a ne1 President elected in accordance 1ith the ,rovisions o/ this %ha,ter to /ill s ch vacancy enters ,on his o//ice7 9;: When the President is nable to discharge his / nctions o1ing to absence, illness or any other ca se, the "ice3President shall discharge his / nctions ntil the date on 1hich the President res mes his d ties7 9<: The "ice3President shall, d ring, and in res,ect o/, the ,eriod 1hile he is so acting as, or discharging the / nctions o/, President, have all the ,o1ers and imm nities o/ the President and be entitled to s ch emol ments, allo1ances and ,rivileges as may be determined by Parliament by la1 and, ntil ,rovision in that behal/ is so made, s ch emol ments, allo1ances and ,rivileges as are s,eci/ied in the !econd !ched le7 CC7 Election o/ "ice3President7894: The "ice3President shall be elected by the members o/ an electoral college consisting o/ the members o/ both Ho ses o/ Parliament in accordance 1ith the system o/ ,ro,ortional re,resentation by means o/ the single trans/erable vote and the voting at s ch election shall be by secret ballot7 9;: The "ice3President shall not be a member o/ either Ho se o/ Parliament or o/ a Ho se o/ the Legislat re o/ any !tate, and i/ a member o/ either Ho se o/ Parliament or o/ a Ho se o/ the Legislat re o/ any !tate be elected "ice3President, he shall be deemed to have vacated his seat in that Ho se on the date on 1hich he enters ,on his o//ice as "ice3President7 9<: No ,erson shall be eligible /or election as "ice3President nless he8

9a: is a citi)en o/ India9b: has com,leted the age o/ thirty3/ive years- and 9c: is = ali/ied /or election as a member o/ the %o ncil o/ !tates7 96: A ,erson shall not be eligible /or election as "ice3President i/ he holds any o//ice o/ ,ro/it nder the $overnment o/ India or the $overnment o/ any !tate or nder any local or other a thority s bHect to the control o/ any o/ the said $overnments7 E0,lanation78 For the , r,oses o/ this article, a ,erson shall not be deemed to hold any o//ice o/ ,ro/it by reason only that he is the President or "ice3 President o/ the &nion or the $overnor o/ any !tate or is a 'inister either /or the &nion or /or any !tate7 CA7 Term o/ o//ice o/ "ice3President78The "ice3President shall hold o//ice /or a term o/ /ive years /rom the date on 1hich he enters ,on his o//ice* Provided that8 9a: a "ice3President may, by 1riting nder his hand addressed to the President, resign his o//ice9b: a "ice3President may be removed /rom his o//ice by a resol tion o/ the %o ncil o/ !tates ,assed by a maHority o/ all the then members o/ the %o ncil and agreed to by the Ho se o/ the Peo,le- b t no resol tion /or the , r,ose o/ this cla se shall be moved nless at least /o rteen daysN notice has been given o/ the intention to move the resol tion9c: a "ice3President shall, not1ithstanding the e0,iration o/ his term, contin e to hold o//ice ntil his s ccessor enters ,on his o//ice7 CF7 Time o/ holding election to /ill vacancy in the o//ice o/ "ice3President and the term o/ o//ice o/ ,erson elected to /ill cas al vacancy7894: An election to /ill a vacancy ca sed by the e0,iration o/ the term o/ o//ice o/ "ice3President shall be com,leted be/ore the e0,iration o/ the term7 9;: An election to /ill a vacancy in the o//ice o/ "ice3President occ rring by reason o/ his death, resignation or removal, or other1ise shall be held as soon as ,ossible a/ter the occ rrence o/ the vacancy, and the ,erson elected to /ill the vacancy shall, s bHect to the ,rovisions o/ article CA, be entitled to hold o//ice /or the / ll term o/ /ive years /rom the date on 1hich he enters ,on his o//ice7 C57 Oath or a//irmation by the "ice3President78Every "ice3President shall, be/ore entering ,on his o//ice, ma>e and s bscribe be/ore the President, or some ,erson a,,ointed in that behal/ by him, an oath or a//irmation in the /ollo1ing /orm, that is to say8 MI, A7(7, do s1ear in the name o/ $od that I 1ill bear tr e /aith and solemnly a//irm allegiance to the %onstit tion o/ India as by la1 established and that I 1ill /aith/ lly discharge the d ty ,on 1hich I am abo t to enter7M AG7 Discharge o/ PresidentNs / nctions in other contingencies78Parliament may ma>e s ch ,rovisions as it thin>s /it /or the discharge o/ the / nctions o/ the President in any contingency not ,rovided /or in this %ha,ter7 A47 'atters relating to, or connected 1ith, the election o/ a President or "ice3 President7894: All do bts and dis, tes arising o t o/ or in connection 1ith the election o/ a President or "ice3President shall be in= ired into and decided by the

! ,reme %o rt 1hose decision shall be /inal7 9;: I/ the election o/ a ,erson as President or "ice3President is declared void by the ! ,reme %o rt, acts done by him in the e0ercise and ,er/ormance o/ the ,o1ers and d ties o/ the o//ice o/ President or "ice3President, as the case may be, on or be/ore the date o/ the decision o/ the ! ,reme %o rt shall not be invalidated by reason o/ that declaration7 9<: ! bHect to the ,rovisions o/ this %onstit tion, Parliament may by la1 reg late any matter relating to or connected 1ith the election o/ a President or "ice3President7 96: The election o/ a ,erson as President or "ice3President shall not be called in = estion on the gro nd o/ the e0istence o/ any vacancy /or 1hatever reason among the members o/ the electoral college electing him7 A;7 Po1er o/ President to grant ,ardons, etc7, and to s s,end, remit or comm te sentences in certain cases78 94: The President shall have the ,o1er to grant ,ardons, re,rieves, res,ites or remissions o/ , nishment or to s s,end, remit or comm te the sentence o/ any ,erson convicted o/ any o//ence8 9a: in all cases 1here the , nishment or sentence is by a %o rt 'artial9b: in all cases 1here the , nishment or sentence is /or an o//ence against any la1 relating to a matter to 1hich the e0ec tive ,o1er o/ the &nion e0tends9c: in all cases 1here the sentence is a sentence o/ death7 9;: Nothing in s b3cla se 9a: o/ cla se 94: shall a//ect the ,o1er con/erred by la1 on any o//icer o/ the Armed Forces o/ the &nion to s s,end, remit or comm te a sentence ,assed by a %o rt 'artial7 9<: Nothing in s b3cla se 9c: o/ cla se 94: shall a//ect the ,o1er to s s,end, remit or comm te a sentence o/ death e0ercisable by the $overnor o/ a !tate nder any la1 /or the time being in /orce7 A<7 E0tent o/ e0ec tive ,o1er o/ the &nion78 94: ! bHect to the ,rovisions o/ this %onstit tion, the e0ec tive ,o1er o/ the &nion shall e0tend8 9a: to the matters 1ith res,ect to 1hich Parliament has ,o1er to ma>e la1s- and 9b: to the e0ercise o/ s ch rights, a thority and H risdiction as are e0ercisable by the $overnment o/ India by virt e o/ any treaty or agreement* Provided that the e0ec tive ,o1er re/erred to in s b3cla se 9a: shall not, save as e0,ressly ,rovided in this %onstit tion or in any la1 made by Parliament, e0tend in any !tate to matters 1ith res,ect to 1hich the Legislat re o/ the !tate has also ,o1er to ma>e la1s7 9;: &ntil other1ise ,rovided by Parliament, a !tate and any o//icer or a thority o/ a !tate may, not1ithstanding anything in this article, contin e to e0ercise in matters 1ith res,ect to 1hich Parliament has ,o1er to ma>e la1s /or that !tate s ch e0ec tive ,o1er or / nctions as the !tate or o//icer or a thority thereo/ co ld e0ercise immediately be/ore the commencement o/ this %onstit tion7 %o ncil o/ 'inisters A67 %o ncil o/ 'inisters to aid and advise President7894: There shall be a %o ncil o/ 'inisters 1ith the Prime 'inister at the head to aid and advise the President 1ho shall, in the e0ercise o/ his / nctions, act in accordance 1ith s ch advice* Provided that the President may re= ire the %o ncil o/ 'inisters to reconsider s ch advice, either generally or other1ise, and the President shall act in accordance 1ith

the advice tendered a/ter s ch reconsideration7 9;: The = estion 1hether any, and i/ so 1hat, advice 1as tendered by 'inisters to the President shall not be in= ired into in any co rt7 AB7 Other ,rovisions as to 'inisters7894: The Prime 'inister shall be a,,ointed by the President and the other 'inisters shall be a,,ointed by the President on the advice o/ the Prime 'inister7 94A: The total n mber o/ 'inisters, incl ding the Prime 'inister, in the %o ncil o/ 'inisters shall not e0ceed /i/teen ,er cent7 o/ the total n mber o/ members o/ the Ho se o/ the Peo,le7 94(: A member o/ either Ho se o/ Parliament belonging to any ,olitical ,arty 1ho is dis= ali/ied /or being a member o/ that Ho se nder ,aragra,h ; o/ the Tenth !ched le shall also be dis= ali/ied to be a,,ointed as a 'inister nder cla se 94: /or d ration o/ the ,eriod commencing /rom the date o/ his dis= ali/ication till the date on 1hich the term o/ his o//ice as s ch member 1o ld e0,ire or 1here he contests any election to either Ho se o/ Parliament be/ore the e0,iry o/ s ch ,eriod, till the date on 1hich he is declared elected, 1hichever is earlier7 9;: The 'inisters shall hold o//ice d ring the ,leas re o/ the President7 9<: The %o ncil o/ 'inisters shall be collectively res,onsible to the Ho se o/ the Peo,le7 96: (e/ore a 'inister enters ,on his o//ice, the President shall administer to him the oaths o/ o//ice and o/ secrecy according to the /orms set o t /or the , r,ose in the Third !ched le7 9B: A 'inister 1ho /or any ,eriod o/ si0 consec tive months is not a member o/ either Ho se o/ Parliament shall at the e0,iration o/ that ,eriod cease to be a 'inister7 9C: The salaries and allo1ances o/ 'inisters shall be s ch as Parliament may /rom time to time by la1 determine and, ntil Parliament so determines, shall be as s,eci/ied in the !econd !ched le7 The Attorney3$eneral /or India AC7 Attorney3$eneral /or India7894: The President shall a,,oint a ,erson 1ho is = ali/ied to be a,,ointed a + dge o/ the ! ,reme %o rt to be Attorney3 $eneral /or India7 9;: It shall be the d ty o/ the Attorney3$eneral to give advice to the $overnment o/ India ,on s ch legal matters, and to ,er/orm s ch other d ties o/ a legal character, as may /rom time to time be re/erred or assigned to him by the President, and to discharge the / nctions con/erred on him by or nder this %onstit tion or any other la1 /or the time being in /orce7 9<: In the ,er/ormance o/ his d ties the Attorney3$eneral shall have right o/ a dience in all co rts in the territory o/ India7 96: The Attorney3$eneral shall hold o//ice d ring the ,leas re o/ the President, and shall receive s ch rem neration as the President may determine7 %ond ct o/ $overnment ( siness AA7 %ond ct o/ b siness o/ the $overnment o/ India7894: All e0ec tive action o/ the $overnment o/ India shall be e0,ressed to be ta>en in the name o/ the President7 9;: Orders and other instr ments made and e0ec ted in the name o/ the President

shall be a thenticated in s ch manner as may be s,eci/ied in r les to be made by the President, and the validity o/ an order or instr ment 1hich is so a thenticated shall not be called in = estion on the gro nd that it is not an order or instr ment made or e0ec ted by the President7 9<: The President shall ma>e r les /or the more convenient transaction o/ the b siness o/ the $overnment o/ India, and /or the allocation among 'inisters o/ the said b siness7 J J J J J AF7 D ties o/ Prime 'inister as res,ects the / rnishing o/ in/ormation to the President, etc78It shall be the d ty o/ the Prime 'inister8 9a: to comm nicate to the President all decisions o/ the %o ncil o/ 'inisters relating to the administration o/ the a//airs o/ the &nion and ,ro,osals /or legislation9b: to / rnish s ch in/ormation relating to the administration o/ the a//airs o/ the &nion and ,ro,osals /or legislation as the President may call /or- and 9c: i/ the President so re= ires, to s bmit /or the consideration o/ the %o ncil o/ 'inisters any matter on 1hich a decision has been ta>en by a 'inister b t 1hich has not been considered by the %o ncil7 %ha,ter II78Parliament $eneral A57 %onstit tion o/ Parliament78There shall be a Parliament /or the &nion 1hich shall consist o/ the President and t1o Ho ses to be >no1n res,ectively as the %o ncil o/ !tates and the Ho se o/ the Peo,le7 FG7 %om,osition o/ the %o ncil o/ !tates7894: The %o ncil o/ !tates shall consist o/8 9a: t1elve members to be nominated by the President in accordance 1ith the ,rovisions o/ cla se 9<:- and 9b: not more than t1o h ndred and thirty3eight re,resentatives o/ the !tates and o/ the &nion territories7 9;: The allocation o/ seats in the %o ncil o/ !tates to be /illed by re,resentatives o/ the !tates and o/ the &nion territories shall be in accordance 1ith the ,rovisions in that behal/ contained in the Fo rth !ched le7 9<: The members to be nominated by the President nder s b3cla se 9a: o/ cla se 94: shall consist o/ ,ersons having s,ecial >no1ledge or ,ractical e0,erience in res,ect o/ s ch matters as the /ollo1ing, namely*8 Literat re, science, art and social service7 96: The re,resentatives o/ each !tate in the %o ncil o/ !tates shall be elected by the elected members o/ the Legislative Assembly o/ the !tate in accordance 1ith the system o/ ,ro,ortional re,resentation by means o/ the single trans/erable vote7 9B: The re,resentatives o/ the &nion territories in the %o ncil o/ !tates shall be chosen in s ch manner as Parliament may by la1 ,rescribe7 F47 %om,osition o/ the Ho se o/ the Peo,le7894: ! bHect to the ,rovisions o/ article <<4, the Ho se o/ the Peo,le shall consist o/8 9a: not more than /ive h ndred and thirty members chosen by direct election /rom territorial constit encies in the !tates, and 9b: not more than t1enty members to re,resent the &nion territories, chosen in s ch

manner as Parliament may by la1 ,rovide7 9;: For the , r,oses o/ s b3cla se 9a: o/ cla se 94:,8 9a: there shall be allotted to each !tate a n mber o/ seats in the Ho se o/ the Peo,le in s ch manner that the ratio bet1een that n mber and the ,o, lation o/ the !tate is, so /ar as ,racticable, the same /or all !tates- and 9b: each !tate shall be divided into territorial constit encies in s ch manner that the ratio bet1een the ,o, lation o/ each constit ency and the n mber o/ seats allotted to it is, so /ar as ,racticable, the same thro gho t the !tate* Provided that the ,rovisions o/ s b3cla se 9a: o/ this cla se shall not be a,,licable /or the , r,ose o/ allotment o/ seats in the Ho se o/ the Peo,le to any !tate so long as the ,o, lation o/ that !tate does not e0ceed si0 millions7 9<: In this article, the e0,ression D,o, lationI means the ,o, lation as ascertained at the last ,receding cens s o/ 1hich the relevant /ig res have been , blished* Provided that the re/erence in this cla se to the last ,receding cens s o/ 1hich the relevant /ig res have been , blished shall, ntil the relevant /ig res /or the /irst cens s ta>en a/ter the year ;G;C have been , blished, be constr ed, 8 9i: /or the , r,oses o/ s b3cla se 9a: o/ cla se 9;: and the ,roviso to that cla se, as a re/erence to the 45A4 cens s- and 9ii: /or the , r,oses o/ s b3cla se 9b: o/ cla se 9;: as a re/erence to the ;GG4 cens s7 F;7 #eadH stment a/ter each cens s78&,on the com,letion o/ each cens s, the allocation o/ seats in the Ho se o/ the Peo,le to the !tates and the division o/ each !tate into territorial constit encies shall be readH sted by s ch a thority and in s ch manner as Parliament may by la1 determine* Provided that s ch readH stment shall not a//ect re,resentation in the Ho se o/ the Peo,le ntil the dissol tion o/ the then e0isting Ho se* Provided / rther that s ch readH stment shall ta>e e//ect /rom s ch date as the President may, by order, s,eci/y and ntil s ch readH stment ta>es e//ect, any election to the Ho se may be held on the basis o/ the territorial constit encies e0isting be/ore s ch readH stment* Provided also that ntil the relevant /ig res /or the /irst cens s ta>en a/ter the year ;G;C have been , blished, it shall not be necessary to readH st8 9i: the allocation o/ seats in the Ho se o/ Peo,le to the !tates as readH sted on the basis o/ the 45A4 cens s- and 9ii: the division o/ each !tate into territorial constit encies as may be readH sted on the basis o/ the ;GG4 cens s, nder this article7 F<7 D ration o/ Ho ses o/ Parliament7894: The %o ncil o/ !tates shall not be s bHect to dissol tion, b t as nearly as ,ossible one3third o/ the members thereo/ shall retire as soon as may be on the e0,iration o/ every second year in accordance 1ith the ,rovisions made in that behal/ by Parliament by la17 9;: The Ho se o/ the Peo,le, nless sooner dissolved, shall contin e /or /ive years /rom the date a,,ointed /or its /irst meeting and no longer and the e0,iration o/ the said ,eriod o/ /ive years shall o,erate as a dissol tion o/ the Ho se* Provided that the said ,eriod may, 1hile a Proclamation o/ Emergency is in o,eration, be e0tended by Parliament by la1 /or a ,eriod not e0ceeding one year at a

time and not e0tending in any case beyond a ,eriod o/ si0 months a/ter the Proclamation has ceased to o,erate7 F67 2 ali/ication /or membershi, o/ Parliament78A ,erson shall not be = ali/ied to be chosen to /ill a seat in Parliament nless he8 9a: is a citi)en o/ India, and ma>es and s bscribes be/ore some ,erson a thorised in that behal/ by the Election %ommission an oath or a//irmation according to the /orm set o t /or the , r,ose in the Third !ched le9b: is, in the case o/ a seat in the %o ncil o/ !tates, not less than thirty years o/ age and, in the case o/ a seat in the Ho se o/ the Peo,le, not less than t1enty3 /ive years o/ age- and 9c: ,ossesses s ch other = ali/ications as may be ,rescribed in that behal/ by or nder any la1 made by Parliament7 FB7 !essions o/ Parliament, ,rorogation and dissol tion7894: The President shall /rom time to time s mmon each Ho se o/ Parliament to meet at s ch time and ,lace as he thin>s /it, b t si0 months shall not intervene bet1een its last sitting in one session and the date a,,ointed /or its /irst sitting in the ne0t session7 9;: The President may /rom time to time8 9a: ,rorog e the Ho ses or either Ho se9b: dissolve the Ho se o/ the Peo,le7 FC7 #ight o/ President to address and send messages to Ho ses7894: The President may address either Ho se o/ Parliament or both Ho ses assembled together, and /or that , r,ose re= ire the attendance o/ members7 9;: The President may send messages to either Ho se o/ Parliament, 1hether 1ith res,ect to a (ill then ,ending in Parliament or other1ise, and a Ho se to 1hich any message is so sent shall 1ith all convenient des,atch consider any matter re= ired by the message to be ta>en into consideration7 FA7 !,ecial address by the President7894: At the commencement o/ the /irst session a/ter each general election to the Ho se o/ the Peo,le and at the commencement o/ the /irst session o/ each year the President shall address both Ho ses o/ Parliament assembled together and in/orm Parliament o/ the ca ses o/ its s mmons7 9;: Provision shall be made by the r les reg lating the ,roced re o/ either Ho se /or the allotment o/ time /or disc ssion o/ the matters re/erred to in s ch address7 FF7 #ights o/ 'inisters and Attorney3$eneral as res,ects Ho ses78Every 'inister and the Attorney3$eneral o/ India shall have the right to s,ea> in, and other1ise to ta>e ,art in the ,roceedings o/, either Ho se, any Hoint sitting o/ the Ho ses, and any committee o/ Parliament o/ 1hich he may be named a member, b t shall not by virt e o/ this article be entitled to vote7 O//icers o/ Parliament F57 The %hairman and De, ty %hairman o/ the %o ncil o/ !tates7894: The "ice3 President o/ India shall be e0 o//icio %hairman o/ the %o ncil o/ !tates7 9;: The %o ncil o/ !tates shall, as soon as may be, choose a member o/ the %o ncil to be De, ty %hairman thereo/ and, so o/ten as the o//ice o/ De, ty %hairman becomes vacant, the %o ncil shall choose another member to be De, ty %hairman thereo/7 5G7 "acation and resignation o/, and removal /rom, the o//ice o/ De, ty %hairman78

A member holding o//ice as De, ty %hairman o/ the %o ncil o/ !tates8 9a: shall vacate his o//ice i/ he ceases to be a member o/ the %o ncil9b: may at any time, by 1riting nder his hand addressed to the %hairman, resign his o//ice- and 9c: may be removed /rom his o//ice by a resol tion o/ the %o ncil ,assed by a maHority o/ all the then members o/ the %o ncil* Provided that no resol tion /or the , r,ose o/ cla se 9c: shall be moved nless at least /o rteen daysE notice has been given o/ the intention to move the resol tion7 547 Po1er o/ the De, ty %hairman or other ,erson to ,er/orm the d ties o/ the o//ice o/, or to act as, %hairman7894:While the o//ice o/ %hairman is vacant, or d ring any ,eriod 1hen the "ice3President is acting as, or discharging the / nctions o/, President, the d ties o/ the o//ice shall be ,er/ormed by the De, ty %hairman, or, i/ the o//ice o/ De, ty %hairman is also vacant, by s ch member o/ the %o ncil o/ !tates as the President may a,,oint /or the , r,ose7 9;: D ring the absence o/ the %hairman /rom any sitting o/ the %o ncil o/ !tates the De, ty %hairman, or, i/ he is also absent, s ch ,erson as may be determined by the r les o/ ,roced re o/ the %o ncil, or, i/ no s ch ,erson is ,resent, s ch other ,erson as may be determined by the %o ncil, shall act as %hairman7 5;7 The %hairman or the De, ty %hairman not to ,reside 1hile a resol tion /or his removal /rom o//ice is nder consideration78 94: At any sitting o/ the %o ncil o/ !tates, 1hile any resol tion /or the removal o/ the "ice3President /rom his o//ice is nder consideration, the %hairman, or 1hile any resol tion /or the removal o/ the De, ty %hairman /rom his o//ice is nder consideration, the De, ty %hairman, shall not, tho gh he is ,resent, ,reside, and the ,rovisions o/ cla se 9;: o/ article 54 shall a,,ly in relation to every s ch sitting as they a,,ly in relation to a sitting /rom 1hich the %hairman, or, as the case may be, the De, ty %hairman, is absent7 9;: The %hairman shall have the right to s,ea> in, and other1ise to ta>e ,art in the ,roceedings o/, the %o ncil o/ !tates 1hile any resol tion /or the removal o/ the "ice3President /rom his o//ice is nder consideration in the %o ncil, b t, not1ithstanding anything in article 4GG, shall not be entitled to vote at all on s ch resol tion or on any other matter d ring s ch ,roceedings7 5<7 The !,ea>er and De, ty !,ea>er o/ the Ho se o/ the Peo,le78 The Ho se o/ the Peo,le shall, as soon as may be, choose t1o members o/ the Ho se to be res,ectively !,ea>er and De, ty !,ea>er thereo/ and, so o/ten as the o//ice o/ !,ea>er or De, ty !,ea>er becomes vacant, the Ho se shall choose another member to be !,ea>er or De, ty !,ea>er, as the case may be7 567 "acation and resignation o/, and removal /rom, the o//ices o/ !,ea>er and De, ty !,ea>er78 A member holding o//ice as !,ea>er or De, ty !,ea>er o/ the Ho se o/ the Peo,le8 9a: shall vacate his o//ice i/ he ceases to be a member o/ the Ho se o/ the Peo,le9b: may at any time, by 1riting nder his hand addressed, i/ s ch member is the !,ea>er, to the De, ty !,ea>er, and i/ s ch member is the De, ty !,ea>er, to the !,ea>er, resign his o//ice- and 9c: may be removed /rom his o//ice by a resol tion o/ the Ho se o/ the Peo,le ,assed by a maHority o/ all the then members o/ the Ho se*

Provided that no resol tion /or the , r,ose o/ cla se 9c: shall be moved nless at least /o rteen daysE notice has been given o/ the intention to move the resol tion* Provided / rther that, 1henever the Ho se o/ the Peo,le is dissolved, the !,ea>er shall not vacate his o//ice ntil immediately be/ore the /irst meeting o/ the Ho se o/ the Peo,le a/ter the dissol tion7 5B7Po1er o/ the De, ty !,ea>er or other ,erson to ,er/orm the d ties o/ the o//ice o/, or to act as, !,ea>er7894:While the o//ice o/ !,ea>er is vacant, the d ties o/ the o//ice shall be ,er/ormed by the De, ty !,ea>er or, i/ the o//ice o/ De, ty !,ea>er is also vacant, by s ch member o/ the Ho se o/ the Peo,le as the President may a,,oint /or the , r,ose7 9;:D ring the absence o/ the !,ea>er /rom any sitting o/ the Ho se o/ the Peo,le the De, ty !,ea>er or, i/ he is also absent, s ch ,erson as may be determined by the r les o/ ,roced re o/ the Ho se, or, i/ no s ch ,erson is ,resent, s ch other ,erson as may be determined by the Ho se, shall act as !,ea>er7 5C7The !,ea>er or the De, ty !,ea>er not to ,reside 1hile a resol tion /or his removal /rom o//ice is nder consideration7894:At any sitting o/ the Ho se o/ the Peo,le, 1hile any resol tion /or the removal o/ the !,ea>er /rom his o//ice is nder consideration, the !,ea>er, or 1hile any resol tion /or the removal o/ the De, ty !,ea>er /rom his o//ice is nder consideration, the De, ty !,ea>er, shall not, tho gh he is ,resent, ,reside, and the ,rovisions o/ cla se 9;: o/ article 5B shall a,,ly in relation to every s ch sitting as they a,,ly in relation to a sitting /rom 1hich the !,ea>er, or, as the case may be, the De, ty !,ea>er, is absent7 9;:The !,ea>er shall have the right to s,ea> in, and other1ise to ta>e ,art in the ,roceedings o/, the Ho se o/ the Peo,le 1hile any resol tion /or his removal /rom o//ice is nder consideration in the Ho se and shall, not1ithstanding anything in article 4GG, be entitled to vote only in the /irst instance on s ch resol tion or on any other matter d ring s ch ,roceedings b t not in the case o/ an e= ality o/ votes7 5A7!alaries and allo1ances o/ the %hairman and De, ty %hairman and the !,ea>er and De, ty !,ea>er78There shall be ,aid to the %hairman and the De, ty %hairman o/ the %o ncil o/ !tates, and to the !,ea>er and the De, ty !,ea>er o/ the Ho se o/ the Peo,le, s ch salaries and allo1ances as may be res,ectively /i0ed by Parliament by la1 and, ntil ,rovision in that behal/ is so made, s ch salaries and allo1ances as are s,eci/ied in the !econd !ched le7 5F7!ecretariat o/ Parliament7894:Each Ho se o/ Parliament shall have a se,arate secretarial sta//* Provided that nothing in this cla se shall be constr ed as ,reventing the creation o/ ,osts common to both Ho ses o/ Parliament7 9;:Parliament may by la1 reg late the recr itment, and the conditions o/ service o/ ,ersons a,,ointed, to the secretarial sta// o/ either Ho se o/ Parliament7 9<:&ntil ,rovision is made by Parliament nder cla se 9;:, the President may, a/ter cons ltation 1ith the !,ea>er o/ the Ho se o/ the Peo,le or the %hairman o/ the %o ncil o/ !tates, as the case may be, ma>e r les reg lating the recr itment, and the conditions o/ service o/ ,ersons a,,ointed, to the secretarial sta// o/ the Ho se o/ the Peo,le or the %o ncil o/ !tates, and any r les so made shall have e//ect s bHect to the ,rovisions o/ any la1 made nder the said cla se7

%ond ct o/ ( siness 557Oath or a//irmation by members78Every member o/ either Ho se o/ Parliament shall, be/ore ta>ing his seat, ma>e and s bscribe be/ore the President, or some ,erson a,,ointed in that behal/ by him, an oath or a//irmation according to the /orm set o t /or the , r,ose in the Third !ched le7 4GG7 "oting in Ho ses, ,o1er o/ Ho ses to act not1ithstanding vacancies and = or m78 94: !ave as other1ise ,rovided in this %onstit tion, all = estions at any sitting o/ either Ho se or Hoint sitting o/ the Ho ses shall be determined by a maHority o/ votes o/ the members ,resent and voting, other than the !,ea>er or ,erson acting as %hairman or !,ea>er7 The %hairman or !,ea>er, or ,erson acting as s ch, shall not vote in the /irst instance, b t shall have and e0ercise a casting vote in the case o/ an e= ality o/ votes7 9;: Either Ho se o/ Parliament shall have ,o1er to act not1ithstanding any vacancy in the membershi, thereo/, and any ,roceedings in Parliament shall be valid not1ithstanding that it is discovered s bse= ently that some ,erson 1ho 1as not entitled so to do sat or voted or other1ise too> ,art in the ,roceedings7 9<: &ntil Parliament by la1 other1ise ,rovides, the = or m to constit te a meeting o/ either Ho se o/ Parliament shall be one3tenth o/ the total n mber o/ members o/ the Ho se7 96: I/ at any time d ring a meeting o/ a Ho se there is no = or m, it shall be the d ty o/ the %hairman or !,ea>er, or ,erson acting as s ch, either to adHo rn the Ho se or to s s,end the meeting ntil there is a = or m7 Dis= ali/ications o/ 'embers 4G47 "acation o/ seats78 94: No ,erson shall be a member o/ both Ho ses o/ Parliament and ,rovision shall be made by Parliament by la1 /or the vacation by a ,erson 1ho is chosen a member o/ both Ho ses o/ his seat in one Ho se or the other7 9;: No ,erson shall be a member both o/ Parliament and o/ a Ho se o/ the Legislat re o/ a !tate, and i/ a ,erson is chosen a member both o/ Parliament and o/ a Ho se o/ the Legislat re o/ a !tate, then, at the e0,iration o/ s ch ,eriod as may be s,eci/ied in r les made by the President, that ,ersonEs seat in Parliament shall become vacant, nless he has ,revio sly resigned his seat in the Legislat re o/ the !tate7 9<: I/ a member o/ either Ho se o/ Parliament8 9a: becomes s bHect to any o/ the dis= ali/ications mentioned in cla se 94: or cla se 9;: o/ article 4G;, or 9b: resigns his seat by 1riting nder his hand addressed to the %hairman or the !,ea>er, as the case may be, and his resignation is acce,ted by the %hairman or the !,ea>er, as the case may be, his seat shall there ,on become vacant* Provided that in the case o/ any resignation re/erred to in s b3cla se 9b:, i/ /rom in/ormation received or other1ise and a/ter ma>ing s ch in= iry as he thin>s /it, the %hairman or the !,ea>er, as the case may be, is satis/ied that s ch resignation is not vol ntary or gen ine, he shall not acce,t s ch resignation7 96: I/ /or a ,eriod o/ si0ty days a member o/ either Ho se o/ Parliament is 1itho t ,ermission o/ the Ho se absent /rom all meetings thereo/, the Ho se may declare his seat vacant*

Provided that in com, ting the said ,eriod o/ si0ty days no acco nt shall be ta>en o/ any ,eriod d ring 1hich the Ho se is ,rorog ed or is adHo rned /or more than /o r consec tive days7 4G;7 Dis= ali/ications /or membershi,78 94: A ,erson shall be dis= ali/ied /or being chosen as, and /or being, a member o/ either Ho se o/ Parliament8 9a: i/ he holds any o//ice o/ ,ro/it nder the $overnment o/ India or the $overnment o/ any !tate, other than an o//ice declared by Parliament by la1 not to dis= ali/y its holder9b: i/ he is o/ nso nd mind and stands so declared by a com,etent co rt9c: i/ he is an ndischarged insolvent9d: i/ he is not a citi)en o/ India, or has vol ntarily ac= ired the citi)enshi, o/ a /oreign !tate, or is nder any ac>no1ledgment o/ allegiance or adherence to a /oreign !tate9e: i/ he is so dis= ali/ied by or nder any la1 made by Parliament7 E0,lanation78For the , r,oses o/ this cla se a ,erson shall not be deemed to hold an o//ice o/ ,ro/it nder the $overnment o/ India or the $overnment o/ any !tate by reason only that he is a 'inister either /or the &nion or /or s ch !tate7 9;: A ,erson shall be dis= ali/ied /or being a member o/ either Ho se o/ Parliament i/ he is so dis= ali/ied nder the Tenth !ched le7 4G<7 Decision on = estions as to dis= ali/ications o/ members78 94: I/ any = estion arises as to 1hether a member o/ either Ho se o/ Parliament has become s bHect to any o/ the dis= ali/ications mentioned in cla se 94: o/ article 4G;, the = estion shall be re/erred /or the decision o/ the President and his decision shall be /inal7 9;: (e/ore giving any decision on any s ch = estion, the President shall obtain the o,inion o/ the Election %ommission and shall act according to s ch o,inion7 4G67 Penalty /or sitting and voting be/ore ma>ing oath or a//irmation nder article 55 or 1hen not = ali/ied or 1hen dis= ali/ied78I/ a ,erson sits or votes as a member o/ either Ho se o/ Parliament be/ore he has com,lied 1ith the re= irements o/ article 55, or 1hen he >no1s that he is not = ali/ied or that he is dis= ali/ied /or membershi, thereo/, or that he is ,rohibited /rom so doing by the ,rovisions o/ any la1 made by Parliament, he shall be liable in res,ect o/ each day on 1hich he so sits or votes to a ,enalty o/ /ive h ndred r ,ees to be recovered as a debt d e to the &nion7 Po1ers, Privileges and Imm nities o/ Parliament and its 'embers 4GB7 Po1ers, ,rivileges, etc7, o/ the Ho ses o/ Parliament and o/ the members and committees thereo/78 94: ! bHect to the ,rovisions o/ this %onstit tion and to the r les and standing orders reg lating the ,roced re o/ Parliament, there shall be /reedom o/ s,eech in Parliament7 9;: No member o/ Parliament shall be liable to any ,roceedings in any co rt in res,ect o/ any thing said or any vote given by him in Parliament or any committee thereo/, and no ,erson shall be so liable in res,ect o/ the , blication by or nder the a thority o/ either Ho se o/ Parliament o/ any re,ort, ,a,er, votes or ,roceedings7

9<: In other res,ects, the ,o1ers, ,rivileges and imm nities o/ each Ho se o/ Parliament, and o/ the members and the committees o/ each Ho se, shall be s ch as may /rom time to time be de/ined by Parliament by la1, and, ntil so de/ined, shall be those o/ that Ho se and o/ its members and committees immediately be/ore the coming into /orce o/ section 4B o/ the %onstit tion 9Forty3/o rth Amendment: Act, 45AF7 96: The ,rovisions o/ cla ses 94:, 9;: and 9<: shall a,,ly in relation to ,ersons 1ho by virt e o/ this %onstit tion have the right to s,ea> in, and other1ise to ta>e ,art in the ,roceedings o/, a Ho se o/ Parliament or any committee thereo/ as they a,,ly in relation to members o/ Parliament7 4GC7 !alaries and allo1ances o/ members78 'embers o/ either Ho se o/ Parliament shall be entitled to receive s ch salaries and allo1ances as may /rom time to time be determined by Parliament by la1 and, ntil ,rovision in that res,ect is so made, allo1ances at s ch rates and ,on s ch conditions as 1ere immediately be/ore the commencement o/ this %onstit tion a,,licable in the case o/ members o/ the %onstit ent Assembly o/ the Dominion o/ India7 Legislative Proced re 4GA7 Provisions as to introd ction and ,assing o/ (ills78 94: ! bHect to the ,rovisions o/ articles 4G5 and 44A 1ith res,ect to 'oney (ills and other /inancial (ills, a (ill may originate in either Ho se o/ Parliament7 9;: ! bHect to the ,rovisions o/ articles 4GF and 4G5, a (ill shall not be deemed to have been ,assed by the Ho ses o/ Parliament nless it has been agreed to by both Ho ses, either 1itho t amendment or 1ith s ch amendments only as are agreed to by both Ho ses7 9<: A (ill ,ending in Parliament shall not la,se by reason o/ the ,rorogation o/ the Ho ses7 96: A (ill ,ending in the %o ncil o/ !tates 1hich has not been ,assed by the Ho se o/ the Peo,le shall not la,se on a dissol tion o/ the Ho se o/ the Peo,le7 9B: A (ill 1hich is ,ending in the Ho se o/ the Peo,le, or 1hich having been ,assed by the Ho se o/ the Peo,le is ,ending in the %o ncil o/ !tates, shall, s bHect to the ,rovisions o/ article 4GF, la,se on a dissol tion o/ the Ho se o/ the Peo,le7 4GF7 +oint sitting o/ both Ho ses in certain cases78 94: I/ a/ter a (ill has been ,assed by one Ho se and transmitted to the other Ho se8 9a: the (ill is reHected by the other Ho se- or 9b: the Ho ses have /inally disagreed as to the amendments to be made in the (ill- or 9c: more than si0 months ela,se /rom the date o/ the rece,tion o/ the (ill by the other Ho se 1itho t the (ill being ,assed by it, the President may, nless the (ill has ela,sed by reason o/ a dissol tion o/ the Ho se o/ the Peo,le, noti/y to the Ho ses by message i/ they are sitting or by , blic noti/ication i/ they are not sitting, his intention to s mmon them to meet in a Hoint sitting /or the , r,ose o/ deliberating and voting on the (ill* Provided that nothing in this cla se shall a,,ly to a 'oney (ill7 9;: In rec>oning any s ch ,eriod o/ si0 months as is re/erred to in cla se 94:, no acco nt shall be ta>en o/ any ,eriod d ring 1hich the Ho se re/erred to in s b3cla se 9c: o/ that cla se is ,rorog ed or adHo rned /or more than /o r consec tive days7

9<: Where the President has nder cla se 94: noti/ied his intention o/ s mmoning the Ho ses to meet in a Hoint sitting, neither Ho se shall ,roceed / rther 1ith the (ill, b t the President may at any time a/ter the date o/ his noti/ication s mmon the Ho ses to meet in a Hoint sitting /or the , r,ose s,eci/ied in the noti/ication and, i/ he does so, the Ho ses shall meet accordingly7 96: I/ at the Hoint sitting o/ the t1o Ho ses the (ill, 1ith s ch amendments, i/ any, as are agreed to in Hoint sitting, is ,assed by a maHority o/ the total n mber o/ members o/ both Ho ses ,resent and voting, it shall be deemed /or the , r,oses o/ this %onstit tion to have been ,assed by both Ho ses* Provided that at a Hoint sitting8 9a: i/ the (ill, having been ,assed by one Ho se, has not been ,assed by the other Ho se 1ith amendments and ret rned to the Ho se in 1hich it originated, no amendment shall be ,ro,osed to the (ill other than s ch amendments 9i/ any: as are made necessary by the delay in the ,assage o/ the (ill9b: i/ the (ill has been so ,assed and ret rned, only s ch amendments as a/oresaid shall be ,ro,osed to the (ill and s ch other amendments as are relevant to the matters 1ith res,ect to 1hich the Ho ses have not agreedand the decision o/ the ,erson ,residing as to the amendments 1hich are admissible nder this cla se shall be /inal7 9B: A Hoint sitting may be held nder this article and a (ill ,assed thereat, not1ithstanding that a dissol tion o/ the Ho se o/ the Peo,le has intervened since the President noti/ied his intention to s mmon the Ho ses to meet therein7 4G57 !,ecial ,roced re in res,ect o/ 'oney (ills7894: A 'oney (ill shall not be introd ced in the %o ncil o/ !tates7 9;: A/ter a 'oney (ill has been ,assed by the Ho se o/ the Peo,le it shall be transmitted to the %o ncil o/ !tates /or its recommendations and the %o ncil o/ !tates shall 1ithin a ,eriod o/ /o rteen days /rom the date o/ its recei,t o/ the (ill ret rn the (ill to the Ho se o/ the Peo,le 1ith its recommendations and the Ho se o/ the Peo,le may there ,on either acce,t or reHect all or any o/ the recommendations o/ the %o ncil o/ !tates7 9<: I/ the Ho se o/ the Peo,le acce,ts any o/ the recommendations o/ the %o ncil o/ !tates, the 'oney (ill shall be deemed to have been ,assed by both Ho ses 1ith the amendments recommended by the %o ncil o/ !tates and acce,ted by the Ho se o/ the Peo,le7 96: I/ the Ho se o/ the Peo,le does not acce,t any o/ the recommendations o/ the %o ncil o/ !tates, the 'oney (ill shall be deemed to have been ,assed by both Ho ses in the /orm in 1hich it 1as ,assed by the Ho se o/ the Peo,le 1itho t any o/ the amendments recommended by the %o ncil o/ !tates7 9B: I/ a 'oney (ill ,assed by the Ho se o/ the Peo,le and transmitted to the %o ncil o/ !tates /or its recommendations is not ret rned to the Ho se o/ the Peo,le 1ithin the said ,eriod o/ /o rteen days, it shall be deemed to have been ,assed by both Ho ses at the e0,iration o/ the said ,eriod in the /orm in 1hich it 1as ,assed by the Ho se o/ the Peo,le7 44G7 De/inition o/ M'oney (illsNN7894: For the , r,oses o/ this %ha,ter, a (ill shall be deemed to be a 'oney (ill i/ it contains only ,rovisions dealing 1ith all or any o/

the /ollo1ing matters, namely*8 9a: the im,osition, abolition, remission, alteration or reg lation o/ any ta09b: the reg lation o/ the borro1ing o/ money or the giving o/ any g arantee by the $overnment o/ India, or the amendment o/ the la1 1ith res,ect to any /inancial obligations nderta>en or to be nderta>en by the $overnment o/ India9c: the c stody o/ the %onsolidated F nd or the %ontingency F nd o/ India, the ,ayment o/ moneys into or the 1ithdra1al o/ moneys /rom any s ch F nd9d: the a,,ro,riation o/ moneys o t o/ the %onsolidated F nd o/ India9e: the declaring o/ any e0,endit re to be e0,endit re charged on the %onsolidated F nd o/ India or the increasing o/ the amo nt o/ any s ch e0,endit re9/: the recei,t o/ money on acco nt o/ the %onsolidated F nd o/ India or the , blic acco nt o/ India or the c stody or iss e o/ s ch money or the a dit o/ the acco nts o/ the &nion or o/ a !tate- or 9g: any matter incidental to any o/ the matters s,eci/ied in s b3cla ses 9a: to 9/:7 9;: A (ill shall not be deemed to be a 'oney (ill by reason only that it ,rovides /or the im,osition o/ /ines or other ,ec niary ,enalties, or /or the demand or ,ayment o/ /ees /or licences or /ees /or services rendered, or by reason that it ,rovides /or the im,osition, abolition, remission, alteration or reg lation o/ any ta0 by any local a thority or body /or local , r,oses7 9<: I/ any = estion arises 1hether a (ill is a 'oney (ill or not, the decision o/ the !,ea>er o/ the Ho se o/ the Peo,le thereon shall be /inal7 96: There shall be endorsed on every 'oney (ill 1hen it is transmitted to the %o ncil o/ !tates nder article 4G5, and 1hen it is ,resented to the President /or assent nder article 444, the certi/icate o/ the !,ea>er o/ the Ho se o/ the Peo,le signed by him that it is a 'oney (ill7 4447 Assent to (ills78When a (ill has been ,assed by the Ho ses o/ Parliament, it shall be ,resented to the President, and the President shall declare either that he assents to the (ill, or that he 1ithholds assent there/rom* Provided that the President may, as soon as ,ossible a/ter the ,resentation to him o/ a (ill /or assent, ret rn the (ill i/ it is not a 'oney (ill to the Ho ses 1ith a message re= esting that they 1ill reconsider the (ill or any s,eci/ied ,rovisions thereo/ and, in ,artic lar, 1ill consider the desirability o/ introd cing any s ch amendments as he may recommend in his message, and 1hen a (ill is so ret rned, the Ho ses shall reconsider the (ill accordingly, and i/ the (ill is ,assed again by the Ho ses 1ith or 1itho t amendment and ,resented to the President /or assent, the President shall not 1ithhold assent there/rom7 Proced re in Financial 'atters 44;7 Ann al /inancial statement7894: The President shall in res,ect o/ every /inancial year ca se to be laid be/ore both the Ho ses o/ Parliament a statement o/ the estimated recei,ts and e0,endit re o/ the $overnment o/ India /or that year, in this Part re/erred to as the Mann al /inancial statementNN7 9;: The estimates o/ e0,endit re embodied in the ann al /inancial statement shall sho1 se,arately8 9a: the s ms re= ired to meet e0,endit re described by this %onstit tion as e0,endit re charged ,on the %onsolidated F nd o/ India- and

9b: the s ms re= ired to meet other e0,endit re ,ro,osed to be made /rom the %onsolidated F nd o/ India, and shall disting ish e0,endit re on reven e acco nt /rom other e0,endit re7 9<: The /ollo1ing e0,endit re shall be e0,endit re charged on the %onsolidated F nd o/ India8 9a: the emol ments and allo1ances o/ the President and other e0,endit re relating to his o//ice9b: the salaries and allo1ances o/ the %hairman and the De, ty %hairman o/ the %o ncil o/ !tates and the !,ea>er and the De, ty !,ea>er o/ the Ho se o/ the Peo,le9c: debt charges /or 1hich the $overnment o/ India is liable incl ding interest, sin>ing / nd charges and redem,tion charges, and other e0,endit re relating to the raising o/ loans and the service and redem,tion o/ debt9d: 9i: the salaries, allo1ances and ,ensions ,ayable to or in res,ect o/ + dges o/ the ! ,reme %o rt9ii: the ,ensions ,ayable to or in res,ect o/ + dges o/ the Federal %o rt9iii: the ,ensions ,ayable to or in res,ect o/ + dges o/ any High %o rt 1hich e0ercises H risdiction in relation to any area incl ded in the territory o/ India or 1hich at any time be/ore the commencement o/ this %onstit tion e0ercised H risdiction in relation to any area incl ded in a $overnorNs Province o/ the Dominion o/ India9e: the salary, allo1ances and ,ension ,ayable to or in res,ect o/ the %om,troller and A ditor3$eneral o/ India9/: any s ms re= ired to satis/y any H dgment, decree or a1ard o/ any co rt or arbitral trib nal9g: any other e0,endit re declared by this %onstit tion or by Parliament by la1 to be so charged7 44<7 Proced re in Parliament 1ith res,ect to estimates7894: !o m ch o/ the estimates as relates to e0,endit re charged ,on the %onsolidated F nd o/ India shall not be s bmitted to the vote o/ Parliament, b t nothing in this cla se shall be constr ed as ,reventing the disc ssion in either Ho se o/ Parliament o/ any o/ those estimates7 9;: !o m ch o/ the said estimates as relates to other e0,endit re shall be s bmitted in the /orm o/ demands /or grants to the Ho se o/ the Peo,le, and the Ho se o/ the Peo,le shall have ,o1er to assent, or to re/ se to assent, to any demand, or to assent to any demand s bHect to a red ction o/ the amo nt s,eci/ied therein7 9<: No demand /or a grant shall be made e0ce,t on the recommendation o/ the President7 4467 A,,ro,riation (ills78 94: As soon as may be a/ter the grants nder article 44< have been made by the Ho se o/ the Peo,le, there shall be introd ced a (ill to ,rovide /or the a,,ro,riation o t o/ the %onsolidated F nd o/ India o/ all moneys re= ired to meet8 9a: the grants so made by the Ho se o/ the Peo,le- and 9b: the e0,endit re charged on the %onsolidated F nd o/ India b t not e0ceeding in any case the amo nt sho1n in the statement ,revio sly laid be/ore Parliament7 9;: No amendment shall be ,ro,osed to any s ch (ill in either Ho se o/ Parliament

1hich 1ill have the e//ect o/ varying the amo nt or altering the destination o/ any grant so made or o/ varying the amo nt o/ any e0,endit re charged on the %onsolidated F nd o/ India, and the decision o/ the ,erson ,residing as to 1hether an amendment is inadmissible nder this cla se shall be /inal7 9<: ! bHect to the ,rovisions o/ articles 44B and 44C, no money shall be 1ithdra1n /rom the %onsolidated F nd o/ India e0ce,t nder a,,ro,riation made by la1 ,assed in accordance 1ith the ,rovisions o/ this article7 44B7 ! ,,lementary, additional or e0cess grants78 94: The President shall8 9a: i/ the amo nt a thorised by any la1 made in accordance 1ith the ,rovisions o/ article 446 to be e0,ended /or a ,artic lar service /or the c rrent /inancial year is /o nd to be ins //icient /or the , r,oses o/ that year or 1hen a need has arisen d ring the c rrent /inancial year /or s ,,lementary or additional e0,endit re ,on some ne1 service not contem,lated in the ann al /inancial statement /or that year, or 9b: i/ any money has been s,ent on any service d ring a /inancial year in e0cess o/ the amo nt granted /or that service and /or that year, ca se to be laid be/ore both the Ho ses o/ Parliament another statement sho1ing the estimated amo nt o/ that e0,endit re or ca se to be ,resented to the Ho se o/ the Peo,le a demand /or s ch e0cess, as the case may be7 9;: The ,rovisions o/ articles 44;, 44< and 446 shall have e//ect in relation to any s ch statement and e0,endit re or demand and also to any la1 to be made a thorising the a,,ro,riation o/ moneys o t o/ the %onsolidated F nd o/ India to meet s ch e0,endit re or the grant in res,ect o/ s ch demand as they have e//ect in relation to the ann al /inancial statement and the e0,endit re mentioned therein or to a demand /or a grant and the la1 to be made /or the a thorisation o/ a,,ro,riation o/ moneys o t o/ the %onsolidated F nd o/ India to meet s ch e0,endit re or grant7 44C7 "otes on acco nt, votes o/ credit and e0ce,tional grants7894: Not1ithstanding anything in the /oregoing ,rovisions o/ this %ha,ter, the Ho se o/ the Peo,le shall have ,o1er8 9a: to ma>e any grant in advance in res,ect o/ the estimated e0,endit re /or a ,art o/ any /inancial year ,ending the com,letion o/ the ,roced re ,rescribed in article 44< /or the voting o/ s ch grant and the ,assing o/ the la1 in accordance 1ith the ,rovisions o/ article 446 in relation to that e0,endit re9b: to ma>e a grant /or meeting an ne0,ected demand ,on the reso rces o/ India 1hen on acco nt o/ the magnit de or the inde/inite character o/ the service the demand cannot be stated 1ith the details ordinarily given in an ann al /inancial statement9c: to ma>e an e0ce,tional grant 1hich /orms no ,art o/ the c rrent service o/ any /inancial yearand Parliament shall have ,o1er to a thorise by la1 the 1ithdra1al o/ moneys /rom the %onsolidated F nd o/ India /or the , r,oses /or 1hich the said grants are made7 9;: The ,rovisions o/ articles 44< and 446 shall have e//ect in relation to the ma>ing o/ any grant nder cla se 94: and to any la1 to be made nder that cla se as they have e//ect in relation to the ma>ing o/ a grant 1ith regard to any e0,endit re mentioned in the ann al /inancial statement and the la1 to be made /or the a thorisation o/ a,,ro,riation o/ moneys o t o/ the %onsolidated F nd o/ India to

meet s ch e0,endit re7 44A7 !,ecial ,rovisions as to /inancial (ills7894: A (ill or amendment ma>ing ,rovision /or any o/ the matters s,eci/ied in s b3cla ses 9a: to 9/: o/ cla se 94: o/ article 44G shall not be introd ced or moved e0ce,t on the recommendation o/ the President and a (ill ma>ing s ch ,rovision shall not be introd ced in the %o ncil o/ !tates* Provided that no recommendation shall be re= ired nder this cla se /or the moving o/ an amendment ma>ing ,rovision /or the red ction or abolition o/ any ta07 9;: A (ill or amendment shall not be deemed to ma>e ,rovision /or any o/ the matters a/oresaid by reason only that it ,rovides /or the im,osition o/ /ines or other ,ec niary ,enalties, or /or the demand or ,ayment o/ /ees /or licences or /ees /or services rendered, or by reason that it ,rovides /or the im,osition, abolition, remission, alteration or reg lation o/ any ta0 by any local a thority or body /or local , r,oses7 9<: A (ill 1hich, i/ enacted and bro ght into o,eration, 1o ld involve e0,endit re /rom the %onsolidated F nd o/ India shall not be ,assed by either Ho se o/ Parliament nless the President has recommended to that Ho se the consideration o/ the (ill7 Proced re $enerally 44F7 # les o/ ,roced re78 94: Each Ho se o/ Parliament may ma>e r les /or reg lating, s bHect to the ,rovisions o/ this %onstit tion, its ,roced re and the cond ct o/ its b siness7 9;: &ntil r les are made nder cla se 94:, the r les o/ ,roced re and standing orders in /orce immediately be/ore the commencement o/ this %onstit tion 1ith res,ect to the Legislat re o/ the Dominion o/ India shall have e//ect in relation to Parliament s bHect to s ch modi/ications and ada,tations as may be made therein by the %hairman o/ the %o ncil o/ !tates or the !,ea>er o/ the Ho se o/ the Peo,le, as the case may be7 9<: The President, a/ter cons ltation 1ith the %hairman o/ the %o ncil o/ !tates and the !,ea>er o/ the Ho se o/ the Peo,le, may ma>e r les as to the ,roced re 1ith res,ect to Hoint sittings o/, and comm nications bet1een, the t1o Ho ses7 96: At a Hoint sitting o/ the t1o Ho ses the !,ea>er o/ the Ho se o/ the Peo,le, or in his absence s ch ,erson as may be determined by r les o/ ,roced re made nder cla se 9<:, shall ,reside7 4457 #eg lation by la1 o/ ,roced re in Parliament in relation to /inancial b siness78 Parliament may, /or the , r,ose o/ the timely com,letion o/ /inancial b siness, reg late by la1 the ,roced re o/, and the cond ct o/ b siness in, each Ho se o/ Parliament in relation to any /inancial matter or to any (ill /or the a,,ro,riation o/ moneys o t o/ the %onsolidated F nd o/ India, and, i/ and so /ar as any ,rovision o/ any la1 so made is inconsistent 1ith any r le made by a Ho se o/ Parliament nder cla se 94: o/ article 44F or 1ith any r le or standing order having e//ect in relation to Parliament nder cla se 9;: o/ that article, s ch ,rovision shall ,revail7 4;G7 Lang age to be sed in Parliament78 94: Not1ithstanding anything in Part O"II, b t s bHect to the ,rovisions o/ article <6F, b siness in Parliament shall be transacted in Hindi or in English* Provided that the %hairman o/ the %o ncil o/ !tates or !,ea>er o/ the Ho se o/ the

Peo,le, or ,erson acting as s ch, as the case may be, may ,ermit any member 1ho cannot ade= ately e0,ress himsel/ in Hindi or in English to address the Ho se in his mother3tong e7 9;: &nless Parliament by la1 other1ise ,rovides, this article shall, a/ter the e0,iration o/ a ,eriod o/ /i/teen years /rom the commencement o/ this %onstit tion, have e//ect as i/ the 1ords Dor in EnglishI 1ere omitted there/rom7 4;47 #estriction on disc ssion in Parliament78 No disc ssion shall ta>e ,lace in Parliament 1ith res,ect to the cond ct o/ any + dge o/ the ! ,reme %o rt or o/ a High %o rt in the discharge o/ his d ties e0ce,t ,on a motion /or ,resenting an address to the President ,raying /or the removal o/ the + dge as hereina/ter ,rovided7 4;;7 %o rts not to in= ire into ,roceedings o/ Parliament78 94: The validity o/ any ,roceedings in Parliament shall not be called in = estion on the gro nd o/ any alleged irreg larity o/ ,roced re7 9;: No o//icer or member o/ Parliament in 1hom ,o1ers are vested by or nder this %onstit tion /or reg lating ,roced re or the cond ct o/ b siness, or /or maintaining order, in Parliament shall be s bHect to the H risdiction o/ any co rt in res,ect o/ the e0ercise by him o/ those ,o1ers7 %ha,ter III8Legislative Po1ers o/ the President 4;<7 Po1er o/ President to ,rom lgate Ordinances d ring recess o/ Parliament7894: I/ at any time, e0ce,t 1hen both Ho ses o/ Parliament are in session, the President is satis/ied that circ mstances e0ist 1hich render it necessary /or him to ta>e immediate action, he may ,rom lgate s ch Ordinances as the circ mstances a,,ear to him to re= ire7 9;: An Ordinance ,rom lgated nder this article shall have the same /orce and e//ect as an Act o/ Parliament, b t every s ch Ordinance8 9a: shall be laid be/ore both Ho ses o/ Parliament and shall cease to o,erate at the e0,iration o/ si0 1ee>s /rom the reassembly o/ Parliament, or, i/ be/ore the e0,iration o/ that ,eriod resol tions disa,,roving it are ,assed by both Ho ses, ,on the ,assing o/ the second o/ those resol tions- and 9b: may be 1ithdra1n at any time by the President7 E0,lanation78Where the Ho ses o/ Parliament are s mmoned to reassemble on di//erent dates, the ,eriod o/ si0 1ee>s shall be rec>oned /rom the later o/ those dates /or the , r,oses o/ this cla se7 9<: I/ and so /ar as an Ordinance nder this article ma>es any ,rovision 1hich Parliament 1o ld not nder this %onstit tion be com,etent to enact, it shall be void7 J J J J J %ha,ter I"78The &nion + diciary 4;67 Establishment and constit tion o/ ! ,reme %o rt7894: There shall be a ! ,reme %o rt o/ India consisting o/ a %hie/ + stice o/ India and, ntil Parliament by la1 ,rescribes a larger n mber, o/ not more than seven4 other + dges7 9;: Every + dge o/ the ! ,reme %o rt shall be a,,ointed by the President by 1arrant nder his hand and seal a/ter cons ltation 1ith s ch o/ the + dges o/ the ! ,reme %o rt and o/ the High %o rts in the !tates as the President may deem necessary /or the , r,ose and shall hold o//ice ntil he attains the age o/ si0ty3/ive years* Provided that in the case o/ a,,ointment o/ a + dge other than the %hie/ + stice, the

%hie/ + stice o/ India shall al1ays be cons lted* Provided / rther that8 9a: a + dge may, by 1riting nder his hand addressed to the President, resign his o//ice9b: a + dge may be removed /rom his o//ice in the manner ,rovided in cla se 96:7 9;A: The age o/ a + dge o/ the ! ,reme %o rt shall be determined by s ch a thority and in s ch manner as Parliament may by la1 ,rovide7 9<: A ,erson shall not be = ali/ied /or a,,ointment as a + dge o/ the ! ,reme %o rt nless he is a citi)en o/ India and8 9a: has been /or at least /ive years a + dge o/ a High %o rt or o/ t1o or more s ch %o rts in s ccession- or 9b: has been /or at least ten years an advocate o/ a High %o rt or o/ t1o or more s ch %o rts in s ccession- or 9c: is, in the o,inion o/ the President, a disting ished H rist7 E0,lanation I78In this cla se MHigh %o rtNN means a High %o rt 1hich e0ercises, or 1hich at any time be/ore the commencement o/ this %onstit tion e0ercised, H risdiction in any ,art o/ the territory o/ India7 E0,lanation II78In com, ting /or the , r,ose o/ this cla se the ,eriod d ring 1hich a ,erson has been an advocate, any ,eriod d ring 1hich a ,erson has held H dicial o//ice not in/erior to that o/ a district H dge a/ter he became an advocate shall be incl ded7 96: A + dge o/ the ! ,reme %o rt shall not be removed /rom his o//ice e0ce,t by an order o/ the President ,assed a/ter an address by each Ho se o/ Parliament s ,,orted by a maHority o/ the total membershi, o/ that Ho se and by a maHority o/ not less than t1o3thirds o/ the members o/ that Ho se ,resent and voting has been ,resented to the President in the same session /or s ch removal on the gro nd o/ ,roved misbehavio r or inca,acity7 9B: Parliament may by la1 reg late the ,roced re /or the ,resentation o/ an address and /or the investigation and ,roo/ o/ the misbehavio r or inca,acity o/ a + dge nder cla se 96:7 9C: Every ,erson a,,ointed to be a + dge o/ the ! ,reme %o rt shall, be/ore he enters ,on his o//ice, ma>e and s bscribe be/ore the President, or some ,erson a,,ointed in that behal/ by him, an oath or a//irmation according to the /orm set o t /or the , r,ose in the Third !ched le7 9A: No ,erson 1ho has held o//ice as a + dge o/ the ! ,reme %o rt shall ,lead or act in any co rt or be/ore any a thority 1ithin the territory o/ India7 4;B7 !alaries, etc7, o/ + dges7894: There shall be ,aid to the + dges o/ the ! ,reme %o rt s ch salaries as may be determined by Parliament by la1 and, ntil ,rovision in that behal/ is so made, s ch salaries as are s,eci/ied in the !econd !ched le7 9;: Every + dge shall be entitled to s ch ,rivileges and allo1ances and to s ch rights in res,ect o/ leave o/ absence and ,ension as may /rom time to time be determined by or nder la1 made by Parliament and, ntil so determined, to s ch ,rivileges, allo1ances and rights as are s,eci/ied in the !econd !ched le* Provided that neither the ,rivileges nor the allo1ances o/ a + dge nor his rights in res,ect o/ leave o/ absence or ,ension shall be varied to his disadvantage a/ter his

a,,ointment7 4;C7 A,,ointment o/ acting %hie/ + stice78When the o//ice o/ %hie/ + stice o/ India is vacant or 1hen the %hie/ + stice is, by reason o/ absence or other1ise, nable to ,er/orm the d ties o/ his o//ice, the d ties o/ the o//ice shall be ,er/ormed by s ch one o/ the other + dges o/ the %o rt as the President may a,,oint /or the , r,ose7 4;A7 A,,ointment o/ ad hoc + dges7894: I/ at any time there sho ld not be a = or m o/ the + dges o/ the ! ,reme %o rt available to hold or contin e any session o/ the %o rt, the %hie/ + stice o/ India may, 1ith the ,revio s consent o/ the President and a/ter cons ltation 1ith the %hie/ + stice o/ the High %o rt concerned, re= est in 1riting the attendance at the sittings o/ the %o rt, as an ad hoc + dge, /or s ch ,eriod as may be necessary, o/ a + dge o/ a High %o rt d ly = ali/ied /or a,,ointment as a + dge o/ the ! ,reme %o rt to be designated by the %hie/ + stice o/ India7 9;: It shall be the d ty o/ the + dge 1ho has been so designated, in ,riority to other d ties o/ his o//ice, to attend the sittings o/ the ! ,reme %o rt at the time and /or the ,eriod /or 1hich his attendance is re= ired, and 1hile so attending he shall have all the H risdiction, ,o1ers and ,rivileges, and shall discharge the d ties, o/ a + dge o/ the ! ,reme %o rt7 4;F7 Attendance o/ retired + dges at sittings o/ the ! ,reme %o rt78 Not1ithstanding anything in this %ha,ter, the %hie/ + stice o/ India may at any time, 1ith the ,revio s consent o/ the President, re= est any ,erson 1ho has held the o//ice o/ a + dge o/ the ! ,reme %o rt or o/ the Federal %o rt or 1ho has held the o//ice o/ a + dge o/ a High %o rt and is d ly = ali/ied /or a,,ointment as a + dge o/ the ! ,reme %o rt to sit and act as a + dge o/ the ! ,reme %o rt, and every s ch ,erson so re= ested shall, 1hile so sitting and acting, be entitled to s ch allo1ances as the President may by order determine and have all the H risdiction, ,o1ers and ,rivileges o/, b t shall not other1ise be deemed to be, a + dge o/ that %o rt* Provided that nothing in this article shall be deemed to re= ire any s ch ,erson as a/oresaid to sit and act as a + dge o/ that %o rt nless he consents so to do7 4;57 ! ,reme %o rt to be a co rt o/ record78The ! ,reme %o rt shall be a co rt o/ record and shall have all the ,o1ers o/ s ch a co rt incl ding the ,o1er to , nish /or contem,t o/ itsel/7 4<G7 !eat o/ ! ,reme %o rt78The ! ,reme %o rt shall sit in Delhi or in s ch other ,lace or ,laces, as the %hie/ + stice o/ India may, 1ith the a,,roval o/ the President, /rom time to time, a,,oint7 4<47 Original H risdiction o/ the ! ,reme %o rt78! bHect to the ,rovisions o/ this %onstit tion, the ! ,reme %o rt shall, to the e0cl sion o/ any other co rt, have original H risdiction in any dis, te8 9a: bet1een the $overnment o/ India and one or more !tates- or 9b: bet1een the $overnment o/ India and any !tate or !tates on one side and one or more other !tates on the other- or 9c: bet1een t1o or more !tates, i/ and in so /ar as the dis, te involves any = estion 91hether o/ la1 or /act: on 1hich the e0istence or e0tent o/ a legal right de,ends* Provided that the said H risdiction shall not e0tend to a dis, te arising o t o/ any treaty, agreement, covenant, engagement, sanad or other similar instr ment 1hich,

having been entered into or e0ec ted be/ore the commencement o/ this %onstit tion, contin es in o,eration a/ter s ch commencement, or 1hich ,rovides that the said H risdiction shall not e0tend to s ch a dis, te7 4<4A7 ?E0cl sive H risdiction o/ the ! ,reme %o rt in regard to = estions as to constit tional validity o/ %entral la1s7@ #e,7 by the %onstit tion 9Forty3third Amendment: Act, 45AA, s7 6 917e7/7 4<36345AF:7 4<;7 A,,ellate H risdiction o/ ! ,reme %o rt in a,,eals /rom High %o rts in certain cases78 94: An a,,eal shall lie to the ! ,reme %o rt /rom any H dgment, decree or /inal order o/ a High %o rt in the territory o/ India, 1hether in a civil, criminal or other ,roceeding, i/ the High %o rt certi/ies nder article 4<6A that the case involves a s bstantial = estion o/ la1 as to the inter,retation o/ this %onstit tion7 J J J J J 9<: Where s ch a certi/icate is given, any ,arty in the case may a,,eal to the ! ,reme %o rt on the gro nd that any s ch = estion as a/oresaid has been 1rongly decided7 E0,lanation78 For the , r,oses o/ this article, the e0,ression D/inal orderI incl des an order deciding an iss e 1hich, i/ decided in /avo r o/ the a,,ellant, 1o ld be s //icient /or the /inal dis,osal o/ the case7 4<<7 A,,ellate H risdiction o/ ! ,reme %o rt in a,,eals /rom High %o rts in regard to civil matters78 94: An a,,eal shall lie to the ! ,reme %o rt /rom any H dgment, decree or /inal order in a civil ,roceeding o/ a High %o rt in the territory o/ India i/ the High %o rt certi/ies nder article 4<6A8 9a: that the case involves a s bstantial = estion o/ la1 o/ general im,ortance- and 9b: that in the o,inion o/ the High %o rt the said = estion needs to be decided by the ! ,reme %o rt7 9;: Not1ithstanding anything in article 4<;, any ,arty a,,ealing to the ! ,reme %o rt nder cla se 94: may rge as one o/ the gro nds in s ch a,,eal that a s bstantial = estion o/ la1 as to the inter,retation o/ this %onstit tion has been 1rongly decided7 9<: Not1ithstanding anything in this article, no a,,eal shall, nless Parliament by la1 other1ise ,rovides, lie to the ! ,reme %o rt /rom the H dgment, decree or /inal order o/ one + dge o/ a High %o rt7 4<67 A,,ellate H risdiction o/ ! ,reme %o rt in regard to criminal matters7894: An a,,eal shall lie to the ! ,reme %o rt /rom any H dgment, /inal order or sentence in a criminal ,roceeding o/ a High %o rt in the territory o/ India i/ the High %o rt8 9a: has on a,,eal reversed an order o/ ac= ittal o/ an acc sed ,erson and sentenced him to death- or 9b: has 1ithdra1n /or trial be/ore itsel/ any case /rom any co rt s bordinate to its a thority and has in s ch trial convicted the acc sed ,erson and sentenced him to death- or 9c: certi/ies nder article 4<6A that the case is a /it one /or a,,eal to the ! ,reme %o rt* Provided that an a,,eal nder s b3cla se 9c: shall lie s bHect to s ch ,rovisions as may be made in that behal/ nder cla se 94: o/ article 46B and to s ch conditions as the High %o rt may establish or re= ire7 9;: Parliament may by la1 con/er on the ! ,reme %o rt any / rther ,o1ers to

entertain and hear a,,eals /rom any H dgment, /inal order or sentence in a criminal ,roceeding o/ a High %o rt in the territory o/ India s bHect to s ch conditions and limitations as may be s,eci/ied in s ch la17 4<6A7 %erti/icate /or a,,eal to the ! ,reme %o rt78Every High %o rt, ,assing or ma>ing a H dgment, decree, /inal order, or sentence, re/erred to in cla se 94: o/ article 4<; or cla se 94: o/ article 4<<, or cla se 94: o/ article 4<6, 8 9a: may, i/ it deems /it so to do, on its o1n motion- and 9b: shall, i/ an oral a,,lication is made, by or on behal/ o/ the ,arty aggrieved, immediately a/ter the ,assing or ma>ing o/ s ch H dgment, decree, /inal order or sentence, determine, as soon as may be a/ter s ch ,assing or ma>ing, the = estion 1hether a certi/icate o/ the nat re re/erred to in cla se 94: o/ article 4<;, or cla se 94: o/ article 4<< or, as the case may be, s b3cla se 9c: o/ cla se 94: o/ article 4<6, may be given in res,ect o/ that case7 4<B7 + risdiction and ,o1ers o/ the Federal %o rt nder e0isting la1 to be e0ercisable by the ! ,reme %o rt78 &ntil Parliament by la1 other1ise ,rovides, the ! ,reme %o rt shall also have H risdiction and ,o1ers 1ith res,ect to any matter to 1hich the ,rovisions o/ article 4<< or article 4<6 do not a,,ly i/ H risdiction and ,o1ers in relation to that matter 1ere e0ercisable by the Federal %o rt immediately be/ore the commencement o/ this %onstit tion nder any e0isting la17 4<C7 !,ecial leave to a,,eal by the ! ,reme %o rt7894: Not1ithstanding anything in this %ha,ter, the ! ,reme %o rt may, in its discretion, grant s,ecial leave to a,,eal /rom any H dgment, decree, determination, sentence or order in any ca se or matter ,assed or made by any co rt or trib nal in the territory o/ India7 9;: Nothing in cla se 94: shall a,,ly to any H dgment, determination, sentence or order ,assed or made by any co rt or trib nal constit ted by or nder any la1 relating to the Armed Forces7 4<A7 #evie1 o/ H dgments or orders by the ! ,reme %o rt78 ! bHect to the ,rovisions o/ any la1 made by Parliament or any r les made nder article 46B, the ! ,reme %o rt shall have ,o1er to revie1 any H dgment ,rono nced or order made by it7 4<F7 Enlargement o/ the H risdiction o/ the ! ,reme %o rt78 94: The ! ,reme %o rt shall have s ch / rther H risdiction and ,o1ers 1ith res,ect to any o/ the matters in the &nion List as Parliament may by la1 con/er7 9;: The ! ,reme %o rt shall have s ch / rther H risdiction and ,o1ers 1ith res,ect to any matter as the $overnment o/ India and the $overnment o/ any !tate may by s,ecial agreement con/er, i/ Parliament by la1 ,rovides /or the e0ercise o/ s ch H risdiction and ,o1ers by the ! ,reme %o rt7 4<57 %on/erment on the ! ,reme %o rt o/ ,o1ers to iss e certain 1rits78 Parliament may by la1 con/er on the ! ,reme %o rt ,o1er to iss e directions, orders or 1rits, incl ding 1rits in the nat re o/ habeas cor, s, mandam s, ,rohibition, = o 1arranto and certiorari, or any o/ them, /or any , r,oses other than those mentioned in cla se 9;: o/ article <;7 4<5A7 Trans/er o/ certain cases78 94: Where cases involving the same or s bstantially the same = estions o/ la1 are ,ending be/ore the ! ,reme %o rt and

one or more High %o rts or be/ore t1o or more High %o rts and the ! ,reme %o rt is satis/ied on its o1n motion or on an a,,lication made by the Attorney3$eneral o/ India or by a ,arty to any s ch case that s ch = estions are s bstantial = estions o/ general im,ortance, the ! ,reme %o rt may 1ithdra1 the case or cases ,ending be/ore the High %o rt or the High %o rts and dis,ose o/ all the cases itsel/* Provided that the ! ,reme %o rt may a/ter determining the said = estions o/ la1 ret rn any case so 1ithdra1n together 1ith a co,y o/ its H dgment on s ch = estions to the High %o rt /rom 1hich the case has been 1ithdra1n, and the High %o rt shall on recei,t thereo/, ,roceed to dis,ose o/ the case in con/ormity 1ith s ch H dgment7 9;: The ! ,reme %o rt may, i/ it deems it e0,edient so to do /or the ends o/ H stice, trans/er any case, a,,eal or other ,roceedings ,ending be/ore any High %o rt to any other High %o rt7 46G7 Ancillary ,o1ers o/ ! ,reme %o rt78 Parliament may by la1 ma>e ,rovision /or con/erring ,on the ! ,reme %o rt s ch s ,,lemental ,o1ers not inconsistent 1ith any o/ the ,rovisions o/ this %onstit tion as may a,,ear to be necessary or desirable /or the , r,ose o/ enabling the %o rt more e//ectively to e0ercise the H risdiction con/erred ,on it by or nder this %onstit tion7 4647 La1 declared by ! ,reme %o rt to be binding on all co rts78 The la1 declared by the ! ,reme %o rt shall be binding on all co rts 1ithin the territory o/ India7 46;7 En/orcement o/ decrees and orders o/ ! ,reme %o rt and orders as to discovery, etc78 94: The ! ,reme %o rt in the e0ercise o/ its H risdiction may ,ass s ch decree or ma>e s ch order as is necessary /or doing com,lete H stice in any ca se or matter ,ending be/ore it, and any decree so ,assed or order so made shall be en/orceable thro gho t the territory o/ India in s ch manner as may be ,rescribed by or nder any la1 made by Parliament and, ntil ,rovision in that behal/ is so made, in s ch manner as the President may by order ,rescribe7 9;: ! bHect to the ,rovisions o/ any la1 made in this behal/ by Parliament, the ! ,reme %o rt shall, as res,ects the 1hole o/ the territory o/ India, have all and every ,o1er to ma>e any order /or the , r,ose o/ sec ring the attendance o/ any ,erson, the discovery or ,rod ction o/ any doc ments, or the investigation or , nishment o/ any contem,t o/ itsel/7 46<7 Po1er o/ President to cons lt ! ,reme %o rt78 94: I/ at any time it a,,ears to the President that a = estion o/ la1 or /act has arisen, or is li>ely to arise, 1hich is o/ s ch a nat re and o/ s ch , blic im,ortance that it is e0,edient to obtain the o,inion o/ the ! ,reme %o rt ,on it, he may re/er the = estion to that %o rt /or consideration and the %o rt may, a/ter s ch hearing as it thin>s /it, re,ort to the President its o,inion thereon7 9;: The President may, not1ithstanding anything in the ,roviso to article 4<4, re/er a dis, te o/ the >ind mentioned in the said ,roviso to the ! ,reme %o rt /or o,inion and the ! ,reme %o rt shall, a/ter s ch hearing as it thin>s /it, re,ort to the President its o,inion thereon7 4667 %ivil and H dicial a thorities to act in aid o/ the ! ,reme %o rt78All a thorities, civil and H dicial, in the territory o/ India shall act in aid o/ the ! ,reme %o rt7 466A7 ?!,ecial ,rovisions as to dis,osal o/ = estions relating to constit tional

validity o/ la1s7@ #e,7 by the %onstit tion 9Forty3third Amendment: Act, 45AA, s7 B 917e7/7 4<36345AF:7 46B7 # les o/ %o rt, etc78 94: ! bHect to the ,rovisions o/ any la1 made by Parliament, the ! ,reme %o rt may /rom time to time, 1ith the a,,roval o/ the President, ma>e r les /or reg lating generally the ,ractice and ,roced re o/ the %o rt incl ding8 9a: r les as to the ,ersons ,ractising be/ore the %o rt9b: r les as to the ,roced re /or hearing a,,eals and other matters ,ertaining to a,,eals incl ding the time 1ithin 1hich a,,eals to the %o rt are to be entered9c: r les as to the ,roceedings in the %o rt /or the en/orcement o/ any o/ the rights con/erred by Part III9cc: r les as to the ,roceedings in the %o rt nder article 4<5A9d: r les as to the entertainment o/ a,,eals nder s b3cla se 9c: o/ cla se 94: o/ article 4<69e: r les as to the conditions s bHect to 1hich any H dgment ,rono nced or order made by the %o rt may be revie1ed and the ,roced re /or s ch revie1 incl ding the time 1ithin 1hich a,,lications to the %o rt /or s ch revie1 are to be entered9/: r les as to the costs o/ and incidental to any ,roceedings in the %o rt and as to the /ees to be charged in res,ect o/ ,roceedings therein9g: r les as to the granting o/ bail9h: r les as to stay o/ ,roceedings9i: r les ,roviding /or the s mmary determination o/ any a,,eal 1hich a,,ears to the %o rt to be /rivolo s or ve0atio s or bro ght /or the , r,ose o/ delay9H: r les as to the ,roced re /or in= iries re/erred to in cla se 94: o/ article <4A7 9;: ! bHect to the ,rovisions o/ cla se 9<:, r les made nder this article may /i0 the minim m n mber o/ + dges 1ho are to sit /or any , r,ose, and may ,rovide /or the ,o1ers o/ single + dges and Division %o rts7 9<: The minim m n mber o/ + dges 1ho are to sit /or the , r,ose o/ deciding any case involving a s bstantial = estion o/ la1 as to the inter,retation o/ this %onstit tion or /or the , r,ose o/ hearing any re/erence nder article 46< shall be /ive* Provided that, 1here the %o rt hearing an a,,eal nder any o/ the ,rovisions o/ this %ha,ter other than article 4<; consists o/ less than /ive + dges and in the co rse o/ the hearing o/ the a,,eal the %o rt is satis/ied that the a,,eal involves a s bstantial = estion o/ la1 as to the inter,retation o/ this %onstit tion the determination o/ 1hich is necessary /or the dis,osal o/ the a,,eal, s ch %o rt shall re/er the = estion /or o,inion to a %o rt constit ted as re= ired by this cla se /or the , r,ose o/ deciding any case involving s ch a = estion and shall on recei,t o/ the o,inion dis,ose o/ the a,,eal in con/ormity 1ith s ch o,inion7 96: No H dgment shall be delivered by the ! ,reme %o rt save in o,en %o rt, and no re,ort shall be made nder article 46< save in accordance 1ith an o,inion also delivered in o,en %o rt7 9B: No H dgment and no s ch o,inion shall be delivered by the ! ,reme %o rt save 1ith the conc rrence o/ a maHority o/ the + dges ,resent at the hearing o/ the case, b t nothing in this cla se shall be deemed to ,revent a + dge 1ho does not conc r

/rom delivering a dissenting H dgment or o,inion7 46C7 O//icers and servants and the e0,enses o/ the ! ,reme %o rt7894: A,,ointments o/ o//icers and servants o/ the ! ,reme %o rt shall be made by the %hie/ + stice o/ India or s ch other + dge or o//icer o/ the %o rt as he may direct* Provided that the President may by r le re= ire that in s ch cases as may be s,eci/ied in the r le, no ,erson not already attached to the %o rt shall be a,,ointed to any o//ice connected 1ith the %o rt, save a/ter cons ltation 1ith the &nion P blic !ervice %ommission7 9;: ! bHect to the ,rovisions o/ any la1 made by Parliament, the conditions o/ service o/ o//icers and servants o/ the ! ,reme %o rt shall be s ch as may be ,rescribed by r les made by the %hie/ + stice o/ India or by some other + dge or o//icer o/ the %o rt a thorised by the %hie/ + stice o/ India to ma>e r les /or the , r,ose* Provided that the r les made nder this cla se shall, so /ar as they relate to salaries, allo1ances, leave or ,ensions, re= ire the a,,roval o/ the President7 9<: The administrative e0,enses o/ the ! ,reme %o rt, incl ding all salaries, allo1ances and ,ensions ,ayable to or in res,ect o/ the o//icers and servants o/ the %o rt, shall be charged ,on the %onsolidated F nd o/ India, and any /ees or other moneys ta>en by the %o rt shall /orm ,art o/ that F nd7 46A7 Inter,retation78In this %ha,ter and in %ha,ter " o/ Part "I, re/erences to any s bstantial = estion o/ la1 as to the inter,retation o/ this %onstit tion shall be constr ed as incl ding re/erences to any s bstantial = estion o/ la1 as to the inter,retation o/ the $overnment o/ India Act, 45<B 9incl ding any enactment amending or s ,,lementing that Act:, or o/ any Order in %o ncil or order made there nder, or o/ the Indian Inde,endence Act, 456A, or o/ any order made there nder7 %ha,ter "78%om,troller and A ditor3$eneral o/ India 46F7 %om,troller and A ditor3$eneral o/ India7894: There shall be a %om,troller and A ditor3$eneral o/ India 1ho shall be a,,ointed by the President by 1arrant nder his hand and seal and shall only be removed /rom o//ice in li>e manner and on the li>e gro nds as a + dge o/ the ! ,reme %o rt7 9;: Every ,erson a,,ointed to be the %om,troller and A ditor3$eneral o/ India shall, be/ore he enters ,on his o//ice, ma>e and s bscribe be/ore the President, or some ,erson a,,ointed in that behal/ by him, an oath or a//irmation according to the /orm set o t /or the , r,ose in the Third !ched le7 9<: The salary and other conditions o/ service o/ the %om,troller and A ditor3 $eneral shall be s ch as may be determined by Parliament by la1 and, ntil they are so determined, shall be as s,eci/ied in the !econd !ched le* Provided that neither the salary o/ a %om,troller and A ditor3$eneral nor his rights in res,ect o/ leave o/ absence, ,ension or age o/ retirement shall be varied to his disadvantage a/ter his a,,ointment7 96: The %om,troller and A ditor3$eneral shall not be eligible /or / rther o//ice either nder the $overnment o/ India or nder the $overnment o/ any !tate a/ter he has ceased to hold his o//ice7 9B: ! bHect to the ,rovisions o/ this %onstit tion and o/ any la1 made by Parliament, the conditions o/ service o/ ,ersons serving in the Indian A dit and Acco nts

De,artment and the administrative ,o1ers o/ the %om,troller and A ditor3$eneral shall be s ch as may be ,rescribed by r les made by the President a/ter cons ltation 1ith the %om,troller and A ditor3$eneral7 9C: The administrative e0,enses o/ the o//ice o/ the %om,troller and A ditor3 $eneral, incl ding all salaries, allo1ances and ,ensions ,ayable to or in res,ect o/ ,ersons serving in that o//ice, shall be charged ,on the %onsolidated F nd o/ India7 4657 D ties and ,o1ers o/ the %om,troller and A ditor3$eneral78The %om,troller and A ditor3$eneral shall ,er/orm s ch d ties and e0ercise s ch ,o1ers in relation to the acco nts o/ the &nion and o/ the !tates and o/ any other a thority or body as may be ,rescribed by or nder any la1 made by Parliament and, ntil ,rovision in that behal/ is so made, shall ,er/orm s ch d ties and e0ercise s ch ,o1ers in relation to the acco nts o/ the &nion and o/ the !tates as 1ere con/erred on or e0ercisable by the A ditor3$eneral o/ India immediately be/ore the commencement o/ this %onstit tion in relation to the acco nts o/ the Dominion o/ India and o/ the Provinces res,ectively7 4BG7 Form o/ acco nts o/ the &nion and o/ the !tates78The acco nts o/ the &nion and o/ the !tates shall be >e,t in s ch /orm as the President may, on the advice o/ the %om,troller and A ditor3$eneral o/ India, ,rescribe7 4B47 A dit re,orts7894: The re,orts o/ the %om,troller and A ditor3$eneral o/ India relating to the acco nts o/ the &nion shall be s bmitted to the President, 1ho shall ca se them to be laid be/ore each Ho se o/ Parliament7 9;: The re,orts o/ the %om,troller and A ditor3$eneral o/ India relating to the acco nts o/ a !tate shall be s bmitted to the $overnor o/ the !tate, 1ho shall ca se them to be laid be/ore the Legislat re o/ the !tate7

PART VI THE STATES


%ha,ter I78$eneral 4B;7 De/inition78In this Part, nless the conte0t other1ise re= ires, the e0,ression D!tateI does not incl de the !tate o/ +amm and Lashmir7 %ha,ter II78The E0ec tive The $overnor 4B<7 $overnors o/ !tates78There shall be a $overnor /or each !tate* Provided that nothing in this article shall ,revent the a,,ointment o/ the same ,erson as $overnor /or t1o or more !tates7 4B67 E0ec tive ,o1er o/ !tate7894: The e0ec tive ,o1er o/ the !tate shall be vested in the $overnor and shall be e0ercised by him either directly or thro gh o//icers s bordinate to him in accordance 1ith this %onstit tion7 9;: Nothing in this article shall8 9a: be deemed to trans/er to the $overnor any / nctions con/erred by any e0isting la1 on any other a thority- or 9b: ,revent Parliament or the Legislat re o/ the !tate /rom con/erring by la1 / nctions on any a thority s bordinate to the $overnor7 4BB7 A,,ointment o/ $overnor78The $overnor o/ a !tate shall be a,,ointed by the President by 1arrant nder his hand and seal7 4BC7 Term o/ o//ice o/ $overnor7894: The $overnor shall hold o//ice d ring the

,leas re o/ the President7 9;: The $overnor may, by 1riting nder his hand addressed to the President, resign his o//ice7 9<: ! bHect to the /oregoing ,rovisions o/ this article, a $overnor shall hold o//ice /or a term o/ /ive years /rom the date on 1hich he enters ,on his o//ice* Provided that a $overnor shall, not1ithstanding the e0,iration o/ his term, contin e to hold o//ice ntil his s ccessor enters ,on his o//ice7 4BA7 2 ali/ications /or a,,ointment as $overnor78No ,erson shall be eligible /or a,,ointment as $overnor nless he is a citi)en o/ India and has com,leted the age o/ thirty3/ive years7 4BF7 %onditions o/ $overnorNs o//ice7894: The $overnor shall not be a member o/ either Ho se o/ Parliament or o/ a Ho se o/ the Legislat re o/ any !tate s,eci/ied in the First !ched le, and i/ a member o/ either Ho se o/ Parliament or o/ a Ho se o/ the Legislat re o/ any s ch !tate be a,,ointed $overnor, he shall be deemed to have vacated his seat in that Ho se on the date on 1hich he enters ,on his o//ice as $overnor7 9;: The $overnor shall not hold any other o//ice o/ ,ro/it7 9<: The $overnor shall be entitled 1itho t ,ayment o/ rent to the se o/ his o//icial residences and shall be also entitled to s ch emol ments, allo1ances and ,rivileges as may be determined by Parliament by la1 and, ntil ,rovision in that behal/ is so made, s ch emol ments, allo1ances and ,rivileges as are s,eci/ied in the !econd !ched le7 9<A: Where the same ,erson is a,,ointed as $overnor o/ t1o or more !tates, the emol ments and allo1ances ,ayable to the $overnor shall be allocated among the !tates in s ch ,ro,ortion as the President may by order determine7 96: The emol ments and allo1ances o/ the $overnor shall not be diminished d ring his term o/ o//ice7 4B57 Oath or a//irmation by the $overnor78Every $overnor and every ,erson discharging the / nctions o/ the $overnor shall, be/ore entering ,on his o//ice, ma>e and s bscribe in the ,resence o/ the %hie/ + stice o/ the High %o rt e0ercising H risdiction in relation to the !tate, or, in his absence, the senior most + dge o/ that %o rt available, an oath or a//irmation in the /ollo1ing /orm, that is to say8 DI, A7 (7, do s1ear in the name o/ $od that I 1ill solemnly a//irm /aith/ lly e0ec te the o//ice o/ $overnor 9or discharge the / nctions o/ the $overnor: o/ 77777777777779name o/ the !tate: and 1ill to the best o/ my ability ,reserve, ,rotect and de/end the %onstit tion and the la1 and that I 1ill devote mysel/ to the service and 1ell3being o/ the ,eo,le o/ 77PPP9name o/ the !tate: 7I 4CG7 Discharge o/ the / nctions o/ the $overnor in certain contingencies78The President may ma>e s ch ,rovision as he thin>s /it /or the discharge o/ the / nctions o/ the $overnor o/ a !tate in any contingency not ,rovided /or in this %ha,ter7 4C47 Po1er o/ $overnor to grant ,ardons, etc7, and to s s,end, remit or comm te sentences in certain cases78The $overnor o/ a !tate shall have the ,o1er to grant ,ardons, re,rieves, res,ites or remissions o/ , nishment or to s s,end, remit or comm te the sentence o/ any ,erson convicted o/ any o//ence against any la1

relating to a matter to 1hich the e0ec tive ,o1er o/ the !tate e0tends7 4C;7 E0tent o/ e0ec tive ,o1er o/ !tate78! bHect to the ,rovisions o/ this %onstit tion, the e0ec tive ,o1er o/ a !tate shall e0tend to the matters 1ith res,ect to 1hich the Legislat re o/ the !tate has ,o1er to ma>e la1s* Provided that in any matter 1ith res,ect to 1hich the Legislat re o/ a !tate and Parliament have ,o1er to ma>e la1s, the e0ec tive ,o1er o/ the !tate shall be s bHect to, and limited by, the e0ec tive ,o1er e0,ressly con/erred by this %onstit tion or by any la1 made by Parliament ,on the &nion or a thorities thereo/7 %o ncil o/ 'inisters 4C<7 %o ncil o/ 'inisters to aid and advise $overnor7894: There shall be a %o ncil o/ 'inisters 1ith the %hie/ 'inister at the head to aid and advise the $overnor in the e0ercise o/ his / nctions, e0ce,t in so /ar as he is by or nder this %onstit tion re= ired to e0ercise his / nctions or any o/ them in his discretion7 9;: I/ any = estion arises 1hether any matter is or is not a matter as res,ects 1hich the $overnor is by or nder this %onstit tion re= ired to act in his discretion, the decision o/ the $overnor in his discretion shall be /inal, and the validity o/ anything done by the $overnor shall not be called in = estion on the gro nd that he o ght or o ght not to have acted in his discretion7 9<: The = estion 1hether any, and i/ so 1hat, advice 1as tendered by 'inisters to the $overnor shall not be in= ired into in any co rt7 4C67 Other ,rovisions as to 'inisters7894: The %hie/ 'inister shall be a,,ointed by the $overnor and the other 'inisters shall be a,,ointed by the $overnor on the advice o/ the %hie/ 'inister, and the 'inisters shall hold o//ice d ring the ,leas re o/ the $overnor* Provided that in the !tates o/ (ihar, 'adhya Pradesh and Orissa, there shall be a 'inister in charge o/ tribal 1el/are 1ho may in addition be in charge o/ the 1el/are o/ the !ched led %astes and bac>1ard classes or any other 1or>7 94A: The total n mber o/ 'inisters, incl ding the %hie/ 'inister, in the %o ncil o/ 'inisters in a !tate shall not e0ceed /i/teen ,er cent7 o/ the total n mber o/ members o/ the Legislative Assembly o/ that !tate* Provided that the n mber o/ 'inisters, incl ding the %hie/ 'inister in a !tate shall not be less than t1elve* Provided / rther that 1here the total n mber o/ 'inisters incl ding the %hie/ 'inister in the %o ncil o/ 'inisters in any !tate at the commencement o/ the %onstit tion 9Ninety3/irst Amendment: Act, ;GG< e0ceeds the said /i/teen ,er cent7 or the n mber s,eci/ied in the /irst ,roviso, as the case may be, then the total n mber o/ 'inisters in that !tate shall be bro ght in con/ormity 1ith the ,rovisions o/ this cla se 1ithin si0 months /rom s ch dateJ as the President may by , blic noti/ication a,,oint7 94(: A member o/ the Legislative Assembly o/ a !tate or either Ho se o/ the Legislat re o/ a !tate having Legislative %o ncil belonging to any ,olitical ,arty 1ho is dis= ali/ied /or being a member o/ that Ho se nder ,aragra,h ; o/ the Tenth !ched le shall also be dis= ali/ied to be a,,ointed as a 'inister nder cla se 94: /or d ration o/ the ,eriod commencing /rom the date o/ his dis= ali/ication till the date on 1hich the term o/ his o//ice as s ch member 1o ld e0,ire or 1here he contests

any election to the Legislative Assembly o/ a !tate or either Ho se o/ the Legislat re o/ a !tate having Legislative %o ncil, as the case may be, be/ore the e0,iry o/ s ch ,eriod, till the date on 1hich he is declared elected, 1hichever is earlier7 9;: The %o ncil o/ 'inisters shall be collectively res,onsible to the Legislative Assembly o/ the !tate7 9<: (e/ore a 'inister enters ,on his o//ice, the $overnor shall administer to him the oaths o/ o//ice and o/ secrecy according to the /orms set o t /or the , r,ose in the Third !ched le7 96: A 'inister 1ho /or any ,eriod o/ si0 consec tive months is not a member o/ the Legislat re o/ the !tate shall at the e0,iration o/ that ,eriod cease to be a 'inister7 9B: The salaries and allo1ances o/ 'inisters shall be s ch as the Legislat re o/ the !tate may /rom time to time by la1 determine and, ntil the Legislat re o/ the !tate so determines, shall be as s,eci/ied in the !econd !ched le7 The Advocate3$eneral /or the !tate 4CB7 Advocate3$eneral /or the !tate7894: The $overnor o/ each !tate shall a,,oint a ,erson 1ho is = ali/ied to be a,,ointed a + dge o/ a High %o rt to be Advocate3 $eneral /or the !tate7 9;: It shall be the d ty o/ the Advocate3$eneral to give advice to the $overnment o/ the !tate ,on s ch legal matters, and to ,er/orm s ch other d ties o/ a legal character, as may /rom time to time be re/erred or assigned to him by the $overnor, and to discharge the / nctions con/erred on him by or nder this %onstit tion or any other la1 /or the time being in /orce7 9<: The Advocate3$eneral shall hold o//ice d ring the ,leas re o/ the $overnor, and shall receive s ch rem neration as the $overnor may determine7 %ond ct o/ $overnment ( siness 4CC7 %ond ct o/ b siness o/ the $overnment o/ a !tate7894: All e0ec tive action o/ the $overnment o/ a !tate shall be e0,ressed to be ta>en in the name o/ the $overnor7 9;: Orders and other instr ments made and e0ec ted in the name o/ the $overnor shall be a thenticated in s ch manner as may be s,eci/ied in r les to be made by the $overnor, and the validity o/ an order or instr ment 1hich is so a thenticated shall not be called in = estion on the gro nd that it is not an order or instr ment made or e0ec ted by the $overnor7 9<: The $overnor shall ma>e r les /or the more convenient transaction o/ the b siness o/ the $overnment o/ the !tate, and /or the allocation among 'inisters o/ the said b siness in so /ar as it is not b siness 1ith res,ect to 1hich the $overnor is by or nder this %onstit tion re= ired to act in his discretion7 J J J J J 4CA7 D ties o/ %hie/ 'inister as res,ects the / rnishing o/ in/ormation to $overnor, etc78It shall be the d ty o/ the %hie/ 'inister o/ each !tate8 9a: to comm nicate to the $overnor o/ the !tate all decisions o/ the %o ncil o/ 'inisters relating to the administration o/ the a//airs o/ the !tate and ,ro,osals /or legislation9b: to / rnish s ch in/ormation relating to the administration o/ the a//airs o/ the !tate and ,ro,osals /or legislation as the $overnor may call /or- and 9c: i/ the $overnor so re= ires, to s bmit /or the consideration o/ the %o ncil o/

'inisters any matter on 1hich a decision has been ta>en by a 'inister b t 1hich has not been considered by the %o ncil7 %ha,ter III78The !tate Legislat re $eneral 4CF7 %onstit tion o/ Legislat res in !tates7894: For every !tate there shall be a Legislat re 1hich shall consist o/ the $overnor, and8 9a: in the !tates o/ (ihar, 'aharashtra, Larnata>a and &ttar Pradesh, t1o Ho ses9b: in other !tates, one Ho se7 9;: Where there are t1o Ho ses o/ the Legislat re o/ a !tate, one shall be >no1n as the Legislative %o ncil and the other as the Legislative Assembly, and 1here there is only one Ho se, it shall be >no1n as the Legislative Assembly7 4C57 Abolition or creation o/ Legislative %o ncils in !tates7894: Not1ithstanding anything in article 4CF, Parliament may by la1 ,rovide /or the abolition o/ the Legislative %o ncil o/ a !tate having s ch a %o ncil or /or the creation o/ s ch a %o ncil in a !tate having no s ch %o ncil, i/ the Legislative Assembly o/ the !tate ,asses a resol tion to that e//ect by a maHority o/ the total membershi, o/ the Assembly and by a maHority o/ not less than t1o3thirds o/ the members o/ the Assembly ,resent and voting7 9;: Any la1 re/erred to in cla se 94: shall contain s ch ,rovisions /or the amendment o/ this %onstit tion as may be necessary to give e//ect to the ,rovisions o/ the la1 and may also contain s ch s ,,lemental, incidental and conse= ential ,rovisions as Parliament may deem necessary7 9<: No s ch la1 as a/oresaid shall be deemed to be an amendment o/ this %onstit tion /or the , r,oses o/ article <CF7 4AG7 %om,osition o/ the Legislative Assemblies7894: ! bHect to the ,rovisions o/ article <<<, the Legislative Assembly o/ each !tate shall consist o/ not more than /ive h ndred, and not less than si0ty, members chosen by direct election /rom territorial constit encies in the !tate7 9;: For the , r,oses o/ cla se 94:, each !tate shall be divided into territorial constit encies in s ch manner that the ratio bet1een the ,o, lation o/ each constit ency and the n mber o/ seats allotted to it shall, so /ar as ,racticable, be the same thro gho t the !tate7 E0,lanation78In this cla se, the e0,ression D,o, lationI means the ,o, lation as ascertained at the last ,receding cens s o/ 1hich the relevant /ig res have been , blished* Provided that the re/erence in this E0,lanation to the last ,receding cens s o/ 1hich the relevant /ig res have been , blished shall, ntil the relevant /ig res /or the /irst cens s ta>en a/ter the year ;G;C have been , blished, be constr ed as a re/erence to the ;GG4 cens s7 9<: &,on the com,letion o/ each cens s, the total n mber o/ seats in the Legislative Assembly o/ each !tate and the division o/ each !tate into territorial constit encies shall be readH sted by s ch a thority and in s ch manner as Parliament may by la1 determine* Provided that s ch readH stment shall not a//ect re,resentation in the Legislative Assembly ntil the dissol tion o/ the then e0isting Assembly*

Provided / rther that s ch readH stment shall ta>e e//ect /rom s ch date as the President may, by order, s,eci/y and ntil s ch readH stment ta>es e//ect, any election to the Legislative Assembly may be held on the basis o/ the territorial constit encies e0isting be/ore s ch readH stment* Provided also that ntil the relevant /ig res /or the /irst cens s ta>en a/ter the year ;G;C have been , blished, it shall not be necessary to readH st8 9i: the total n mber o/ seats in the Legislative Assembly o/ each !tate as readH sted on the basis o/ the 45A4 cens s- and 9ii: the division o/ s ch !tate into territorial constit encies as may be readH sted on the basis o/ the ;GG4 cens s, nder this cla se7 4A47 %om,osition o/ the Legislative %o ncils7894: The total n mber o/ members in the Legislative %o ncil o/ a !tate having s ch a %o ncil shall not e0ceed one third o/ the total n mber o/ members in the Legislative Assembly o/ that !tate* Provided that the total n mber o/ members in the Legislative %o ncil o/ a !tate shall in no case be less than /orty7 9;: &ntil Parliament by la1 other1ise ,rovides, the com,osition o/ the Legislative %o ncil o/ a !tate shall be as ,rovided in cla se 9<:7 9<: O/ the total n mber o/ members o/ the Legislative %o ncil o/ a !tate8 9a: as nearly as may be, one3third shall be elected by electorates consisting o/ members o/ m nici,alities, district boards and s ch other local a thorities in the !tate as Parliament may by la1 s,eci/y9b: as nearly as may be, one3t1el/th shall be elected by electorates consisting o/ ,ersons residing in the !tate 1ho have been /or at least three years grad ates o/ any niversity in the territory o/ India or have been /or at least three years in ,ossession o/ = ali/ications ,rescribed by or nder any la1 made by Parliament as e= ivalent to that o/ a grad ate o/ any s ch niversity9c: as nearly as may be, one3t1el/th shall be elected by electorates consisting o/ ,ersons 1ho have been /or at least three years engaged in teaching in s ch ed cational instit tions 1ithin the !tate, not lo1er in standard than that o/ a secondary school, as may be ,rescribed by or nder any la1 made by Parliament9d: as nearly as may be, one3third shall be elected by the members o/ the Legislative Assembly o/ the !tate /rom amongst ,ersons 1ho are not members o/ the Assembly9e: the remainder shall be nominated by the $overnor in accordance 1ith the ,rovisions o/ cla se 9B:7 96: The members to be elected nder s b3cla ses 9a:, 9b: and 9c: o/ cla se 9<: shall be chosen in s ch territorial constit encies as may be ,rescribed by or nder any la1 made by Parliament, and the elections nder the said s b3cla ses and nder s b3 cla se 9d: o/ the said cla se shall be held in accordance 1ith the system o/ ,ro,ortional re,resentation by means o/ the single trans/erable vote7 9B: The members to be nominated by the $overnor nder s b3cla se 9e: o/ cla se 9<: shall consist o/ ,ersons having s,ecial >no1ledge or ,ractical e0,erience in res,ect o/ s ch matters as the /ollo1ing, namely*8 Literat re, science, art, co3o,erative movement and social service7 4A;7 D ration o/ !tate Legislat res7894: Every Legislative Assembly o/ every !tate,

nless sooner dissolved, shall contin e /or /ive years /rom the date a,,ointed /or its /irst meeting and no longer and the e0,iration o/ the said ,eriod o/ /ive years shall o,erate as a dissol tion o/ the Assembly* Provided that the said ,eriod may, 1hile a Proclamation o/ Emergency is in o,eration, be e0tended by Parliament by la1 /or a ,eriod not e0ceeding one year at a time and not e0tending in any case beyond a ,eriod o/ si0 months a/ter the Proclamation has ceased to o,erate7 9;: The Legislative %o ncil o/ a !tate shall not be s bHect to dissol tion, b t as nearly as ,ossible one3third o/ the members thereo/ shall retire as soon as may be on the e0,iration o/ every second year in accordance 1ith the ,rovisions made in that behal/ by Parliament by la17 4A<7 2 ali/ication /or membershi, o/ the !tate Legislat re78A ,erson shall not be = ali/ied to be chosen to /ill a seat in the Legislat re o/ a !tate nless he8 9a: is a citi)en o/ India, and ma>es and s bscribes be/ore some ,erson a thorised in that behal/ by the Election %ommission an oath or a//irmation according to the /orm set o t /or the , r,ose in the Third !ched le9b: is, in the case o/ a seat in the Legislative Assembly, not less than t1enty3/ive years o/ age and, in the case o/ a seat in the Legislative %o ncil, not less than thirty years o/ age- and 9c: ,ossesses s ch other = ali/ications as may be ,rescribed in that behal/ by or nder any la1 made by Parliament7 4A67 !essions o/ the !tate Legislat re, ,rorogation and dissol tion7894: The $overnor shall /rom time to time s mmon the Ho se or each Ho se o/ the Legislat re o/ the !tate to meet at s ch time and ,lace as he thin>s /it, b t si0 months shall not intervene bet1een its last sitting in one session and the date a,,ointed /or its /irst sitting in the ne0t session7 9;: The $overnor may /rom time to time8 9a: ,rorog e the Ho se or either Ho se9b: dissolve the Legislative Assembly7 4AB7 #ight o/ $overnor to address and send messages to the Ho se or Ho ses7894: The $overnor may address the Legislative Assembly or, in the case o/ a !tate having a Legislative %o ncil, either Ho se o/ the Legislat re o/ the !tate, or both Ho ses assembled together, and may /or that , r,ose re= ire the attendance o/ members7 9;: The $overnor may send messages to the Ho se or Ho ses o/ the Legislat re o/ the !tate, 1hether 1ith res,ect to a (ill then ,ending in the Legislat re or other1ise, and a Ho se to 1hich any message is so sent shall 1ith all convenient des,atch consider any matter re= ired by the message to be ta>en into consideration7 4AC7 !,ecial address by the $overnor7894: At the commencement o/ the /irst session a/ter each general election to the Legislative Assembly and at the commencement o/ the /irst session o/ each year, the $overnor shall address the Legislative Assembly or, in the case o/ a !tate having a Legislative %o ncil, both Ho ses assembled together and in/orm the Legislat re o/ the ca ses o/ its s mmons7 9;: Provision shall be made by the r les reg lating the ,roced re o/ the Ho se or either Ho se /or the allotment o/ time /or disc ssion o/ the matters re/erred to in s ch address7

4AA7 #ights o/ 'inisters and Advocate3$eneral as res,ects the Ho ses78Every 'inister and the Advocate3$eneral /or a !tate shall have the right to s,ea> in, and other1ise to ta>e ,art in the ,roceedings o/, the Legislative Assembly o/ the !tate or, in the case o/ a !tate having a Legislative %o ncil, both Ho ses, and to s,ea> in, and other1ise to ta>e ,art in the ,roceedings o/, any committee o/ the Legislat re o/ 1hich he may be named a member, b t shall not, by virt e o/ this article, be entitled to vote7 O//icers o/ the !tate Legislat re 4AF7 The !,ea>er and De, ty !,ea>er o/ the Legislative Assembly78Every Legislative Assembly o/ a !tate shall, as soon as may be, choose t1o members o/ the Assembly to be res,ectively !,ea>er and De, ty !,ea>er thereo/ and, so o/ten as the o//ice o/ !,ea>er or De, ty !,ea>er becomes vacant, the Assembly shall choose another member to be !,ea>er or De, ty !,ea>er, as the case may be7 4A57 "acation and resignation o/, and removal /rom, the o//ices o/ !,ea>er and De, ty !,ea>er78A member holding o//ice as !,ea>er or De, ty !,ea>er o/ an Assembly8 9a: shall vacate his o//ice i/ he ceases to be a member o/ the Assembly9b: may at any time by 1riting nder his hand addressed, i/ s ch member is the !,ea>er, to the De, ty !,ea>er, and i/ s ch member is the De, ty !,ea>er, to the !,ea>er, resign his o//ice- and 9c: may be removed /rom his o//ice by a resol tion o/ the Assembly ,assed by a maHority o/ all the then members o/ the Assembly* Provided that no resol tion /or the , r,ose o/ cla se 9c: shall be moved nless at least /o rteen daysN notice has been given o/ the intention to move the resol tion* Provided / rther that, 1henever the Assembly is dissolved, the !,ea>er shall not vacate his o//ice ntil immediately be/ore the /irst meeting o/ the Assembly a/ter the dissol tion7 4FG7 Po1er o/ the De, ty !,ea>er or other ,erson to ,er/orm the d ties o/ the o//ice o/, or to act as, !,ea>er7894: While the o//ice o/ !,ea>er is vacant, the d ties o/ the o//ice shall be ,er/ormed by the De, ty !,ea>er or, i/ the o//ice o/ De, ty !,ea>er is also vacant, by s ch member o/ the Assembly as the $overnor may a,,oint /or the , r,ose7 9;: D ring the absence o/ the !,ea>er /rom any sitting o/ the Assembly the De, ty !,ea>er or, i/ he is also absent, s ch ,erson as may be determined by the r les o/ ,roced re o/ the Assembly, or, i/ no s ch ,erson is ,resent, s ch other ,erson as may be determined by the Assembly, shall act as !,ea>er7 4F47 The !,ea>er or the De, ty !,ea>er not to ,reside 1hile a resol tion /or his removal /rom o//ice is nder consideration7894: At any sitting o/ the Legislative Assembly, 1hile any resol tion /or the removal o/ the !,ea>er /rom his o//ice is nder consideration, the !,ea>er, or 1hile any resol tion /or the removal o/ the De, ty !,ea>er /rom his o//ice is nder consideration, the De, ty !,ea>er, shall not, tho gh he is ,resent, ,reside, and the ,rovisions o/ cla se 9;: o/ article 4FG shall a,,ly in relation to every s ch sitting as they a,,ly in relation to a sitting /rom 1hich the !,ea>er or, as the case may be, the De, ty !,ea>er, is absent7 9;: The !,ea>er shall have the right to s,ea> in, and other1ise to ta>e ,art in the

,roceedings o/, the Legislative Assembly 1hile any resol tion /or his removal /rom o//ice is nder consideration in the Assembly and shall, not1ithstanding anything in article 4F5, be entitled to vote only in the /irst instance on s ch resol tion or on any other matter d ring s ch ,roceedings b t not in the case o/ an e= ality o/ votes7 4F;7 The %hairman and De, ty %hairman o/ the Legislative %o ncil78The Legislative %o ncil o/ every !tate having s ch %o ncil shall, as soon as may be, choose t1o members o/ the %o ncil to be res,ectively %hairman and De, ty %hairman thereo/ and, so o/ten as the o//ice o/ %hairman or De, ty %hairman becomes vacant, the %o ncil shall choose another member to be %hairman or De, ty %hairman, as the case may be7 4F<7 "acation and resignation o/, and removal /rom, the o//ices o/ %hairman and De, ty %hairman78A member holding o//ice as %hairman or De, ty %hairman o/ a Legislative %o ncil8 9a: shall vacate his o//ice i/ he ceases to be a member o/ the %o ncil9b: may at any time by 1riting nder his hand addressed, i/ s ch member is the %hairman, to the De, ty %hairman, and i/ s ch member is the De, ty %hairman, to the %hairman, resign his o//ice- and 9c: may be removed /rom his o//ice by a resol tion o/ the %o ncil ,assed by a maHority o/ all the then members o/ the %o ncil* Provided that no resol tion /or the , r,ose o/ cla se 9c: shall be moved nless at least /o rteen daysN notice has been given o/ the intention to move the resol tion7 4F67 Po1er o/ the De, ty %hairman or other ,erson to ,er/orm the d ties o/ the o//ice o/, or to act as, %hairman7894: While the o//ice o/ %hairman is vacant, the d ties o/ the o//ice shall be ,er/ormed by the De, ty %hairman or, i/ the o//ice o/ De, ty %hairman is also vacant, by s ch member o/ the %o ncil as the $overnor may a,,oint /or the , r,ose7 9;: D ring the absence o/ the %hairman /rom any sitting o/ the %o ncil the De, ty %hairman or, i/ he is also absent, s ch ,erson as may be determined by the r les o/ ,roced re o/ the %o ncil, or, i/ no s ch ,erson is ,resent, s ch other ,erson as may be determined by the %o ncil, shall act as %hairman7 4FB7 The %hairman or the De, ty %hairman not to ,reside 1hile a resol tion /or his removal /rom o//ice is nder consideration7894: At any sitting o/ the Legislative %o ncil, 1hile any resol tion /or the removal o/ the %hairman /rom his o//ice is nder consideration, the %hairman, or 1hile any resol tion /or the removal o/ the De, ty %hairman /rom his o//ice is nder consideration, the De, ty %hairman, shall not, tho gh he is ,resent, ,reside, and the ,rovisions o/ cla se 9;: o/ article 4F6 shall a,,ly in relation to every s ch sitting as they a,,ly in relation to a sitting /rom 1hich the %hairman or, as the case may be, the De, ty %hairman is absent7 9;: The %hairman shall have the right to s,ea> in, and other1ise to ta>e ,art in the ,roceedings o/, the Legislative %o ncil 1hile any resol tion /or his removal /rom o//ice is nder consideration in the %o ncil and shall, not1ithstanding anything in article 4F5, be entitled to vote only in the /irst instance on s ch resol tion or on any other matter d ring s ch ,roceedings b t not in the case o/ an e= ality o/ votes7 4FC7 !alaries and allo1ances o/ the !,ea>er and De, ty !,ea>er and the %hairman and De, ty %hairman78There shall be ,aid to the !,ea>er and the De, ty !,ea>er

o/ the Legislative Assembly, and to the %hairman and the De, ty %hairman o/ the Legislative %o ncil, s ch salaries and allo1ances as may be res,ectively /i0ed by the Legislat re o/ the !tate by la1 and, ntil ,rovision in that behal/ is so made, s ch salaries and allo1ances as are s,eci/ied in the !econd !ched le7 4FA7 !ecretariat o/ !tate Legislat re7894: The Ho se or each Ho se o/ the Legislat re o/ a !tate shall have a se,arate secretarial sta//* Provided that nothing in this cla se shall, in the case o/ the Legislat re o/ a !tate having a Legislative %o ncil, be constr ed as ,reventing the creation o/ ,osts common to both Ho ses o/ s ch Legislat re7 9;: The Legislat re o/ a !tate may by la1 reg late the recr itment, and the conditions o/ service o/ ,ersons a,,ointed, to the secretarial sta// o/ the Ho se or Ho ses o/ the Legislat re o/ the !tate7 9<: &ntil ,rovision is made by the Legislat re o/ the !tate nder cla se 9;:, the $overnor may, a/ter cons ltation 1ith the !,ea>er o/ the Legislative Assembly or the %hairman o/ the Legislative %o ncil, as the case may be, ma>e r les reg lating the recr itment, and the conditions o/ service o/ ,ersons a,,ointed, to the secretarial sta// o/ the Assembly or the %o ncil, and any r les so made shall have e//ect s bHect to the ,rovisions o/ any la1 made nder the said cla se7 %ond ct o/ ( siness 4FF7 Oath or a//irmation by members78Every member o/ the Legislative Assembly or the Legislative %o ncil o/ a !tate shall, be/ore ta>ing his seat, ma>e and s bscribe be/ore the $overnor, or some ,erson a,,ointed in that behal/ by him, an oath or a//irmation according to the /orm set o t /or the , r,ose in the Third !ched le7 4F57 "oting in Ho ses, ,o1er o/ Ho ses to act not1ithstanding vacancies and = or m7894: !ave as other1ise ,rovided in this %onstit tion, all = estions at any sitting o/ a Ho se o/ the Legislat re o/ a !tate shall be determined by a maHority o/ votes o/ the members ,resent and voting, other than the !,ea>er or %hairman, or ,erson acting as s ch7 The !,ea>er or %hairman, or ,erson acting as s ch, shall not vote in the /irst instance, b t shall have and e0ercise a casting vote in the case o/ an e= ality o/ votes7 9;: A Ho se o/ the Legislat re o/ a !tate shall have ,o1er to act not1ithstanding any vacancy in the membershi, thereo/, and any ,roceedings in the Legislat re o/ a !tate shall be valid not1ithstanding that it is discovered s bse= ently that some ,erson 1ho 1as not entitled so to do sat or voted or other1ise too> ,art in the ,roceedings7 9<: &ntil the Legislat re o/ the !tate by la1 other1ise ,rovides, the = or m to constit te a meeting o/ a Ho se o/ the Legislat re o/ a !tate shall be ten members or one3tenth o/ the total n mber o/ members o/ the Ho se, 1hichever is greater7 96: I/ at any time d ring a meeting o/ the Legislative Assembly or the Legislative %o ncil o/ a !tate there is no = or m, it shall be the d ty o/ the !,ea>er or %hairman, or ,erson acting as s ch, either to adHo rn the Ho se or to s s,end the meeting ntil there is a = or m7 Dis= ali/ications o/ 'embers 45G7 "acation o/ seats7894: No ,erson shall be a member o/ both Ho ses o/ the Legislat re o/ a !tate and ,rovision shall be made by the Legislat re o/ the !tate by la1 /or the vacation by a ,erson 1ho is chosen a member o/ both Ho ses o/ his seat

in one ho se or the other7 9;: No ,erson shall be a member o/ the Legislat res o/ t1o or more !tates s,eci/ied in the First !ched le and i/ a ,erson is chosen a member o/ the Legislat res o/ t1o or more s ch !tates, then, at the e0,iration o/ s ch ,eriod as may be s,eci/ied in r les made by the President, that ,ersonNs seat in the Legislat res o/ all s ch !tates shall become vacant, nless he has ,revio sly resigned his seat in the Legislat res o/ all b t one o/ the !tates7 9<: I/ a member o/ a Ho se o/ the Legislat re o/ a !tate8 9a: becomes s bHect to any o/ the dis= ali/ications mentioned in cla se 94: or cla se 9;: o/ article 454- or 9b: resigns his seat by 1riting nder his hand addressed to the s,ea>er or the %hairman, as the case may be, and his resignation is acce,ted by the !,ea>er or the %hairman, as the case may be, his seat shall there ,on become vacant* Provided that in the case o/ any resignation re/erred to in s b3cla se 9b:, i/ /rom in/ormation received or other1ise and a/ter ma>ing s ch in= iry as he thin>s /it, the !,ea>er or the %hairman, as the case may be, is satis/ied that s ch resignation is not vol ntary or gen ine, he shall not acce,t s ch resignation7 96: I/ /or a ,eriod o/ si0ty days a member o/ a Ho se o/ the Legislat re o/ a !tate is 1itho t ,ermission o/ the Ho se absent /rom all meetings thereo/, the Ho se may declare his seat vacant* Provided that in com, ting the said ,eriod o/ si0ty days no acco nt shall be ta>en o/ any ,eriod d ring 1hich the Ho se is ,rorog ed or is adHo rned /or more than /o r consec tive days7 4547 Dis= ali/ications /or membershi,7894: A ,erson shall be dis= ali/ied /or being chosen as, and /or being, a member o/ the Legislative Assembly or Legislative %o ncil o/ a !tate8 9a: i/ he holds any o//ice o/ ,ro/it nder the $overnment o/ India or the $overnment o/ any !tate s,eci/ied in the First !ched le, other than an o//ice declared by the Legislat re o/ the !tate by la1 not to dis= ali/y its holder9b: i/ he is o/ nso nd mind and stands so declared by a com,etent co rt9c: i/ he is an ndischarged insolvent9d: i/ he is not a citi)en o/ India, or has vol ntarily ac= ired the citi)enshi, o/ a /oreign !tate, or is nder any ac>no1ledgment o/ allegiance or adherence to a /oreign !tate9e: i/ he is so dis= ali/ied by or nder any la1 made by Parliament7 E0,lanation78For the , r,oses o/ this cla se, a ,erson shall not be deemed to hold an o//ice o/ ,ro/it nder the $overnment o/ India or the $overnment o/ any !tate s,eci/ied in the First !ched le by reason only that he is a 'inister either /or the &nion or /or s ch !tate7 9;: A ,erson shall be dis= ali/ied /or being a member o/ the Legislative Assembly or Legislative %o ncil o/ a !tate i/ he is so dis= ali/ied nder the Tenth !ched le7 45;7 Decision on = estions as to dis= ali/ications o/ members7894: I/ any = estion arises as to 1hether a member o/ a Ho se o/ the Legislat re o/ a !tate has become s bHect to any o/ the dis= ali/ications mentioned in cla se 94: o/ article 454, the

= estion shall be re/erred /or the decision o/ the $overnor and his decision shall be /inal7 9;: (e/ore giving any decision on any s ch = estion, the $overnor shall obtain the o,inion o/ the Election %ommission and shall act according to s ch o,inion7 45<7 Penalty /or sitting and voting be/ore ma>ing oath or a//irmation nder article 4FF or 1hen not = ali/ied or 1hen dis= ali/ied78I/ a ,erson sits or votes as a member o/ the Legislative Assembly or the Legislative %o ncil o/ a !tate be/ore he has com,lied 1ith the re= irements o/ article 4FF, or 1hen he >no1s that he is not = ali/ied or that he is dis= ali/ied /or membershi, thereo/, or that he is ,rohibited /rom so doing by the ,rovisions o/ any la1 made by Parliament or the Legislat re o/ the !tate, he shall be liable in res,ect o/ each day on 1hich he so sits or votes to a ,enalty o/ /ive h ndred r ,ees to be recovered as a debt d e to the !tate7 Po1ers, Privileges and Imm nities o/ !tate Legislat res and their 'embers 4567 Po1ers, ,rivileges, etc7, o/ the Ho ses o/ Legislat res and o/ the members and committees thereo/7894: ! bHect to the ,rovisions o/ this %onstit tion and to the r les and standing orders reg lating the ,roced re o/ the Legislat re, there shall be /reedom o/ s,eech in the Legislat re o/ every !tate7 9;: No member o/ the Legislat re o/ a !tate shall be liable to any ,roceedings in any co rt in res,ect o/ anything said or any vote given by him in the Legislat re or any committee thereo/, and no ,erson shall be so liable in res,ect o/ the , blication by or nder the a thority o/ a Ho se o/ s ch a Legislat re o/ any re,ort, ,a,er, votes or ,roceedings7 9<: In other res,ects, the ,o1ers, ,rivileges and imm nities o/ a Ho se o/ the Legislat re o/ a !tate, and o/ the members and the committees o/ a Ho se o/ s ch Legislat re, shall be s ch as may /rom time to time be de/ined by the Legislat re by la1, and, ntil so de/ined, shall be those o/ that Ho se and o/ its members and committees immediately be/ore the coming into /orce o/ section ;C o/ the %onstit tion 9Forty3/o rth Amendment: Act, 45AF7 96: The ,rovisions o/ cla ses 94:, 9;: and 9<: shall a,,ly in relation to ,ersons 1ho by virt e o/ this %onstit tion have the right to s,ea> in, and other1ise to ta>e ,art in the ,roceedings o/, a Ho se o/ the Legislat re o/ a !tate or any committee thereo/ as they a,,ly in relation to members o/ that Legislat re7 45B7 !alaries and allo1ances o/ members78'embers o/ the Legislative Assembly and the Legislative %o ncil o/ a !tate shall be entitled to receive s ch salaries and allo1ances as may /rom time to time be determined, by the Legislat re o/ the !tate by la1 and, ntil ,rovision in that res,ect is so made, salaries and allo1ances at s ch rates and ,on s ch conditions as 1ere immediately be/ore the commencement o/ this %onstit tion a,,licable in the case o/ members o/ the Legislative Assembly o/ the corres,onding Province7 Legislative Proced re 45C7 Provisions as to introd ction and ,assing o/ (ills7894: ! bHect to the ,rovisions o/ articles 45F and ;GA 1ith res,ect to 'oney (ills and other /inancial (ills, a (ill may originate in either Ho se o/ the Legislat re o/ a !tate 1hich has a Legislative %o ncil7

9;: ! bHect to the ,rovisions o/ articles 45A and 45F, a (ill shall not be deemed to have been ,assed by the Ho ses o/ the Legislat re o/ a !tate having a Legislative %o ncil nless it has been agreed to by both Ho ses, either 1itho t amendment or 1ith s ch amendments only as are agreed to by both Ho ses7 9<: A (ill ,ending in the Legislat re o/ a !tate shall not la,se by reason o/ the ,rorogation o/ the Ho se or Ho ses thereo/7 96: A (ill ,ending in the Legislative %o ncil o/ a !tate 1hich has not been ,assed by the Legislative Assembly shall not la,se on a dissol tion o/ the Assembly7 9B: A (ill 1hich is ,ending in the Legislative Assembly o/ a !tate, or 1hich having been ,assed by the Legislative Assembly is ,ending in the Legislative %o ncil, shall la,se on a dissol tion o/ the Assembly7 45A7 #estriction on ,o1ers o/ Legislative %o ncil as to (ills other than 'oney (ills7 894: I/ a/ter a (ill has been ,assed by the Legislative Assembly o/ a !tate having a Legislative %o ncil and transmitted to the Legislative %o ncil8 9a: the (ill is reHected by the %o ncil- or 9b: more than three months ela,se /rom the date on 1hich the (ill is laid be/ore the %o ncil 1itho t the (ill being ,assed by it- or 9c: the (ill is ,assed by the %o ncil 1ith amendments to 1hich the Legislative Assembly does not agreethe Legislative Assembly may, s bHect to the r les reg lating its ,roced re, ,ass the (ill again in the same or in any s bse= ent session 1ith or 1itho t s ch amendments, i/ any, as have been made, s ggested or agreed to by the Legislative %o ncil and then transmit the (ill as so ,assed to the Legislative %o ncil7 9;: I/ a/ter a (ill has been so ,assed /or the second time by the Legislative Assembly and transmitted to the Legislative %o ncil8 9a: the (ill is reHected by the %o ncil- or 9b: more than one month ela,ses /rom the date on 1hich the (ill is laid be/ore the %o ncil 1itho t the (ill being ,assed by it- or 9c: the (ill is ,assed by the %o ncil 1ith amendments to 1hich the Legislative Assembly does not agreethe (ill shall be deemed to have been ,assed by the Ho ses o/ the Legislat re o/ the !tate in the /orm in 1hich it 1as ,assed by the Legislative Assembly /or the second time 1ith s ch amendments, i/ any, as have been made or s ggested by the Legislative %o ncil and agreed to by the Legislative Assembly7 9<: Nothing in this article shall a,,ly to a 'oney (ill7 45F7 !,ecial ,roced re in res,ect o/ 'oney (ills7894: A 'oney (ill shall not be introd ced in a Legislative %o ncil7 9;: A/ter a 'oney (ill has been ,assed by the Legislative Assembly o/ a !tate having a Legislative %o ncil, it shall be transmitted to the Legislative %o ncil /or its recommendations, and the Legislative %o ncil shall 1ithin a ,eriod o/ /o rteen days /rom the date o/ its recei,t o/ the (ill ret rn the (ill to the Legislative Assembly 1ith its recommendations, and the Legislative Assembly may there ,on either acce,t or reHect all or any o/ the recommendations o/ the Legislative %o ncil7 9<: I/ the Legislative Assembly acce,ts any o/ the recommendations o/ the Legislative %o ncil, the 'oney (ill shall be deemed to have been ,assed by both

Ho ses 1ith the amendments recommended by the Legislative %o ncil and acce,ted by the Legislative Assembly7 96: I/ the Legislative Assembly does not acce,t any o/ the recommendations o/ the Legislative %o ncil, the 'oney (ill shall be deemed to have been ,assed by both Ho ses in the /orm in 1hich it 1as ,assed by the Legislative Assembly 1itho t any o/ the amendments recommended by the Legislative %o ncil7 9B: I/ a 'oney (ill ,assed by the Legislative Assembly and transmitted to the Legislative %o ncil /or its recommendations is not ret rned to the Legislative Assembly 1ithin the said ,eriod o/ /o rteen days, it shall be deemed to have been ,assed by both Ho ses at the e0,iration o/ the said ,eriod in the /orm in 1hich it 1as ,assed by the Legislative Assembly7 4557 De/inition o/ D'oney (illsI7894: For the , r,oses o/ this %ha,ter, a (ill shall be deemed to be a 'oney (ill i/ it contains only ,rovisions dealing 1ith all or any o/ the /ollo1ing matters, namely*8 9a: the im,osition, abolition, remission, alteration or reg lation o/ any ta09b: the reg lation o/ the borro1ing o/ money or the giving o/ any g arantee by the !tate, or the amendment o/ the la1 1ith res,ect to any /inancial obligations nderta>en or to be nderta>en by the !tate9c: the c stody o/ the %onsolidated F nd or the %ontingency F nd o/ the !tate, the ,ayment o/ moneys into or the 1ithdra1al o/ moneys /rom any s ch F nd9d: the a,,ro,riation o/ moneys o t o/ the %onsolidated F nd o/ the !tate9e: the declaring o/ any e0,endit re to be e0,endit re charged on the %onsolidated F nd o/ the !tate, or the increasing o/ the amo nt o/ any s ch e0,endit re9/: the recei,t o/ money on acco nt o/ the %onsolidated F nd o/ the !tate or the , blic acco nt o/ the !tate or the c stody or iss e o/ s ch money- or 9g: any matter incidental to any o/ the matters s,eci/ied in s b3cla ses 9a: to 9/:7 9;: A (ill shall not be deemed to be a 'oney (ill by reason only that it ,rovides /or the im,osition o/ /ines or other ,ec niary ,enalties, or /or the demand or ,ayment o/ /ees /or licences or /ees /or services rendered, or by reason that it ,rovides /or the im,osition, abolition, remission, alteration or reg lation o/ any ta0 by any local a thority or body /or local , r,oses7 9<: I/ any = estion arises 1hether a (ill introd ced in the Legislat re o/ a !tate 1hich has a Legislative %o ncil is a 'oney (ill or not, the decision o/ the !,ea>er o/ the Legislative Assembly o/ s ch !tate thereon shall be /inal7 96: There shall be endorsed on every 'oney (ill 1hen it is transmitted to the Legislative %o ncil nder article 45F, and 1hen it is ,resented to the $overnor /or assent nder article ;GG, the certi/icate o/ the !,ea>er o/ the Legislative Assembly signed by him that it is a 'oney (ill7 ;GG7 Assent to (ills78When a (ill has been ,assed by the Legislative Assembly o/ a !tate or, in the case o/ a !tate having a Legislative %o ncil, has been ,assed by both Ho ses o/ the Legislat re o/ the !tate, it shall be ,resented to the $overnor and the $overnor shall declare either that he assents to the (ill or that he 1ithholds assent there/rom or that he reserves the (ill /or the consideration o/ the President* Provided that the $overnor may, as soon as ,ossible a/ter the ,resentation to him o/ the (ill /or assent, ret rn the (ill i/ it is not a 'oney (ill together 1ith a message

re= esting that the Ho se or Ho ses 1ill reconsider the (ill or any s,eci/ied ,rovisions thereo/ and, in ,artic lar, 1ill consider the desirability o/ introd cing any s ch amendments as he may recommend in his message and, 1hen a (ill is so ret rned, the Ho se or Ho ses shall reconsider the (ill accordingly, and i/ the (ill is ,assed again by the Ho se or Ho ses 1ith or 1itho t amendment and ,resented to the $overnor /or assent, the $overnor shall not 1ithhold assent there/rom* Provided / rther that the $overnor shall not assent to, b t shall reserve /or the consideration o/ the President, any (ill 1hich in the o,inion o/ the $overnor 1o ld, i/ it became la1, so derogate /rom the ,o1ers o/ the High %o rt as to endanger the ,osition 1hich that %o rt is by this %onstit tion designed to /ill7 ;G47 (ills reserved /or consideration78When a (ill is reserved by a $overnor /or the consideration o/ the President, the President shall declare either that he assents to the (ill or that he 1ithholds assent there/rom* Provided that, 1here the (ill is not a 'oney (ill, the President may direct the $overnor to ret rn the (ill to the Ho se or, as the case may be, the Ho ses o/ the Legislat re o/ the !tate together 1ith s ch a message as is mentioned in the /irst ,roviso to article ;GG and, 1hen a (ill is so ret rned, the Ho se or Ho ses shall reconsider it accordingly 1ithin a ,eriod o/ si0 months /rom the date o/ recei,t o/ s ch message and, i/ it is again ,assed by the Ho se or Ho ses 1ith or 1itho t amendment, it shall be ,resented again to the President /or his consideration7 Proced re in Financial 'atters ;G;7 Ann al /inancial statement7894: The $overnor shall in res,ect o/ every /inancial year ca se to be laid be/ore the Ho se or Ho ses o/ the Legislat re o/ the !tate a statement o/ the estimated recei,ts and e0,endit re o/ the !tate /or that year, in this Part re/erred to as the Dann al /inancial statementM7 9;: The estimates o/ e0,endit re embodied in the ann al /inancial statement shall sho1 se,arately8 9a: the s ms re= ired to meet e0,endit re described by this %onstit tion as e0,endit re charged ,on the %onsolidated F nd o/ the !tate- and 9b: the s ms re= ired to meet other e0,endit re ,ro,osed to be made /rom the %onsolidated F nd o/ the !tateand shall disting ish e0,endit re on reven e acco nt /rom other e0,endit re7 9<: The /ollo1ing e0,endit re shall be e0,endit re charged on the %onsolidated F nd o/ each !tate8 9a: the emol ments and allo1ances o/ the $overnor and other e0,endit re relating to his o//ice9b: the salaries and allo1ances o/ the !,ea>er and the De, ty !,ea>er o/ the Legislative Assembly and, in the case o/ a !tate having a Legislative %o ncil, also o/ the %hairman and the De, ty %hairman o/ the Legislative %o ncil9c: debt charges /or 1hich the !tate is liable incl ding interest, sin>ing / nd charges and redem,tion charges, and other e0,endit re relating to the raising o/ loans and the service and redem,tion o/ debt9d: e0,endit re in res,ect o/ the salaries and allo1ances o/ + dges o/ any High %o rt9e: any s ms re= ired to satis/y any H dgment, decree or a1ard o/ any co rt or

arbitral trib nal9/: any other e0,endit re declared by this %onstit tion, or by the Legislat re o/ the !tate by la1, to be so charged7 ;G<7 Proced re in Legislat re 1ith res,ect to estimates7894: !o m ch o/ the estimates as relates to e0,endit re charged ,on the %onsolidated F nd o/ a !tate shall not be s bmitted to the vote o/ the Legislative Assembly, b t nothing in this cla se shall be constr ed as ,reventing the disc ssion in the Legislat re o/ any o/ those estimates7 9;: !o m ch o/ the said estimates as relates to other e0,endit re shall be s bmitted in the /orm o/ demands /or grants to the Legislative Assembly, and the Legislative Assembly shall have ,o1er to assent, or to re/ se to assent, to any demand, or to assent to any demand s bHect to a red ction o/ the amo nt s,eci/ied therein7 9<: No demand /or a grant shall be made e0ce,t on the recommendation o/ the $overnor7 ;G67 A,,ro,riation (ills7894: As soon as may be a/ter the grants nder article ;G< have been made by the Assembly, there shall be introd ced a (ill to ,rovide /or the a,,ro,riation o t o/ the %onsolidated F nd o/ the !tate o/ all moneys re= ired to meet8 9a: the grants so made by the Assembly- and 9b: the e0,endit re charged on the %onsolidated F nd o/ the !tate b t not e0ceeding in any case the amo nt sho1n in the statement ,revio sly laid be/ore the Ho se or Ho ses7 9;: No amendment shall be ,ro,osed to any s ch (ill in the Ho se or either Ho se o/ the Legislat re o/ the !tate 1hich 1ill have the e//ect o/ varying the amo nt or altering the destination o/ any grant so made or o/ varying the amo nt o/ any e0,endit re charged on the %onsolidated F nd o/ the !tate, and the decision o/ the ,erson ,residing as to 1hether an amendment is inadmissible nder this cla se shall be /inal7 9<: ! bHect to the ,rovisions o/ articles ;GB and ;GC, no money shall be 1ithdra1n /rom the %onsolidated F nd o/ the !tate e0ce,t nder a,,ro,riation made by la1 ,assed in accordance 1ith the ,rovisions o/ this article7 ;GB7 ! ,,lementary, additional or e0cess grants7894: The $overnor shall8 9a: i/ the amo nt a thorised by any la1 made in accordance 1ith the ,rovisions o/ article ;G6 to be e0,ended /or a ,artic lar service /or the c rrent /inancial year is /o nd to be ins //icient /or the , r,oses o/ that year or 1hen a need has arisen d ring the c rrent /inancial year /or s ,,lementary or additional e0,endit re ,on some ne1 service not contem,lated in the ann al /inancial statement /or that year, or 9b: i/ any money has been s,ent on any service d ring a /inancial year in e0cess o/ the amo nt granted /or that service and /or that year, ca se to be laid be/ore the Ho se or the Ho ses o/ the Legislat re o/ the !tate another statement sho1ing the estimated amo nt o/ that e0,endit re or ca se to be ,resented to the Legislative Assembly o/ the !tate a demand /or s ch e0cess, as the case may be7 9;: The ,rovisions o/ articles ;G;, ;G< and ;G6 shall have e//ect in relation to any s ch statement and e0,endit re or demand and also to any la1 to be made

a thorising the a,,ro,riation o/ moneys o t o/ the %onsolidated F nd o/ the !tate to meet s ch e0,endit re or the grant in res,ect o/ s ch demand as they have e//ect in relation to the ann al /inancial statement and the e0,endit re mentioned therein or to a demand /or a grant and the la1 to be made /or the a thorisation o/ a,,ro,riation o/ moneys o t o/ the %onsolidated F nd o/ the !tate to meet s ch e0,endit re or grant7 ;GC7 "otes on acco nt, votes o/ credit and e0ce,tional grants7894: Not1ithstanding anything in the /oregoing ,rovisions o/ this %ha,ter, the Legislative Assembly o/ a !tate shall have ,o1er8 9a: to ma>e any grant in advance in res,ect o/ the estimated e0,endit re /or a ,art o/ any /inancial year ,ending the com,letion o/ the ,roced re ,rescribed in article ;G< /or the voting o/ s ch grant and the ,assing o/ the la1 in accordance 1ith the ,rovisions o/ article ;G6 in relation to that e0,endit re9b: to ma>e a grant /or meeting an ne0,ected demand ,on the reso rces o/ the !tate 1hen on acco nt o/ the magnit de or the inde/inite character o/ the service the demand cannot be stated 1ith the details ordinarily given in an ann al /inancial statement9c: to ma>e an e0ce,tional grant 1hich /orms no ,art o/ the c rrent service o/ any /inancial yearand the Legislat re o/ the !tate shall have ,o1er to a thorise by la1 the 1ithdra1al o/ moneys /rom the %onsolidated F nd o/ the !tate /or the , r,oses /or 1hich the said grants are made7 9;: The ,rovisions o/ articles ;G< and ;G6 shall have e//ect in relation to the ma>ing o/ any grant nder cla se 94: and to any la1 to be made nder that cla se as they have e//ect in relation to the ma>ing o/ a grant 1ith regard to any e0,endit re mentioned in the ann al /inancial statement and the la1 to be made /or the a thorisation o/ a,,ro,riation o/ moneys o t o/ the %onsolidated F nd o/ the !tate to meet s ch e0,endit re7 ;GA7 !,ecial ,rovisions as to /inancial (ills7894: A (ill or amendment ma>ing ,rovision /or any o/ the matters s,eci/ied in s b3cla ses 9a: to 9/: o/ cla se 94: o/ article 455 shall not be introd ced or moved e0ce,t on the recommendation o/ the $overnor, and a (ill ma>ing s ch ,rovision shall not be introd ced in a Legislative %o ncil* Provided that no recommendation shall be re= ired nder this cla se /or the moving o/ an amendment ma>ing ,rovision /or the red ction or abolition o/ any ta07 9;: A (ill or amendment shall not be deemed to ma>e ,rovision /or any o/ the matters a/oresaid by reason only that it ,rovides /or the im,osition o/ /ines or other ,ec niary ,enalties, or /or the demand or ,ayment o/ /ees /or licences or /ees /or services rendered, or by reason that it ,rovides /or the im,osition, abolition, remission, alteration or reg lation o/ any ta0 by any local a thority or body /or local , r,oses7 9<: A (ill 1hich, i/ enacted and bro ght into o,eration, 1o ld involve e0,endit re /rom the %onsolidated F nd o/ a !tate shall not be ,assed by a Ho se o/ the Legislat re o/ the !tate nless the $overnor has recommended to that Ho se the consideration o/ the (ill7 Proced re $enerally ;GF7 # les o/ ,roced re7894: A Ho se o/ the Legislat re o/ a !tate may ma>e r les

/or reg lating, s bHect to the ,rovisions o/ this %onstit tion, its ,roced re and the cond ct o/ its b siness7 9;: &ntil r les are made nder cla se 94:, the r les o/ ,roced re and standing orders in /orce immediately be/ore the commencement o/ this %onstit tion 1ith res,ect to the Legislat re /or the corres,onding Province shall have e//ect in relation to the Legislat re o/ the !tate s bHect to s ch modi/ications and ada,tations as may be made therein by the !,ea>er o/ the Legislative Assembly, or the %hairman o/ the Legislative %o ncil, as the case may be7 9<: In a !tate having a Legislative %o ncil the $overnor, a/ter cons ltation 1ith the !,ea>er o/ the Legislative Assembly and the %hairman o/ the Legislative %o ncil, may ma>e r les as to the ,roced re 1ith res,ect to comm nications bet1een the t1o Ho ses7 ;G57 #eg lation by la1 o/ ,roced re in the Legislat re o/ the !tate in relation to /inancial b siness7 8The Legislat re o/ a !tate may, /or the , r,ose o/ the timely com,letion o/ /inancial b siness, reg late by la1 the ,roced re o/, and the cond ct o/ b siness in, the Ho se or Ho ses o/ the Legislat re o/ the !tate in relation to any /inancial matter or to any (ill /or the a,,ro,riation o/ moneys o t o/ the %onsolidated F nd o/ the !tate, and, i/ and so /ar as any ,rovision o/ any la1 so made is inconsistent 1ith any r le made by the Ho se or either Ho se o/ the Legislat re o/ the !tate nder cla se 94: o/ article ;GF or 1ith any r le or standing order having e//ect in relation to the Legislat re o/ the !tate nder cla se 9;: o/ that article, s ch ,rovision shall ,revail7 ;4G7 Lang age to be sed in the Legislat re7894: Not1ithstanding anything in Part O"II, b t s bHect to the ,rovisions o/ article <6F, b siness in the Legislat re o/ a !tate shall be transacted in the o//icial lang age or lang ages o/ the !tate or in Hindi or in English* Provided that the !,ea>er o/ the Legislative Assembly or %hairman o/ the Legislative %o ncil, or ,erson acting as s ch, as the case may be, may ,ermit any member 1ho cannot ade= ately e0,ress himsel/ in any o/ the lang ages a/oresaid to address the Ho se in his mother3tong e7 9;: &nless the Legislat re o/ the !tate by la1 other1ise ,rovides, this article shall, a/ter the e0,iration o/ a ,eriod o/ /i/teen years /rom the commencement o/ this %onstit tion, have e//ect as i/ the 1ords Dor in EnglishI 1ere omitted there/rom* Provided that in relation to the Legislat res o/ the !tates o/ Himachal Pradesh, 'ani, r, 'eghalaya and Tri, ra this cla se shall have e//ect as i/ /or the 1ords M/i/teenM years occ rring therein, the 1ords Mt1enty3/ive yearsM 1ere s bstit ted* Provided / rther that in relation to the Legislat res o/ the !tates o/ Ar nachal Pradesh, $oa and 'i)oram, this cla se shall have e//ect as i/ /or the 1ords M/i/teen yearsM occ rring therein, the 1ords M/orty yearsM 1ere s bstit ted7 ;447 #estriction on disc ssion in the Legislat re7 8No disc ssion shall ta>e ,lace in the Legislat re o/ a !tate 1ith res,ect to the cond ct o/ any + dge o/ the ! ,reme %o rt or o/ a High %o rt in the discharge o/ his d ties7 ;4;7 %o rts not to in= ire into ,roceedings o/ the Legislat re7894: The validity o/ any ,roceedings in the Legislat re o/ a !tate shall not be called in = estion on the gro nd o/ any alleged irreg larity o/ ,roced re7

9;: No o//icer or member o/ the Legislat re o/ a !tate in 1hom ,o1ers are vested by or nder this %onstit tion /or reg lating ,roced re or the cond ct o/ b siness, or /or maintaining order, in the Legislat re shall be s bHect to the H risdiction o/ any co rt in res,ect o/ the e0ercise by him o/ those ,o1ers7 %ha,ter I"78Legislative Po1er o/ the $overnor ;4<7 Po1er o/ $overnor to ,rom lgate Ordinances d ring recess o/ Legislat re7894: I/ at any time, e0ce,t 1hen the Legislative Assembly o/ a !tate is in session, or 1here there is a Legislative %o ncil in a !tate, e0ce,t 1hen both Ho ses o/ the Legislat re are in session, the $overnor is satis/ied that circ mstances e0ist 1hich render it necessary /or him to ta>e immediate action, he may ,rom lgate s ch Ordinances as the circ mstances a,,ear to him to re= ire* Provided that the $overnor shall not, 1itho t instr ctions /rom the President, ,rom lgate any s ch Ordinance i/8 9a: a (ill containing the same ,rovisions 1o ld nder this %onstit tion have re= ired the ,revio s sanction o/ the President /or the introd ction thereo/ into the Legislat re- or 9b: he 1o ld have deemed it necessary to reserve a (ill containing the same ,rovisions /or the consideration o/ the President- or 9c: an Act o/ the Legislat re o/ the !tate containing the same ,rovisions 1o ld nder this %onstit tion have been invalid nless, having been reserved /or the consideration o/ the President, it had received the assent o/ the President7 9;: An Ordinance ,rom lgated nder this article shall have the same /orce and e//ect as an Act o/ the Legislat re o/ the !tate assented to by the $overnor, b t every s ch Ordinance8 9a: shall be laid be/ore the Legislative Assembly o/ the !tate, or 1here there is a Legislative %o ncil in the !tate, be/ore both the Ho ses, and shall cease to o,erate at the e0,iration o/ si0 1ee>s /rom the reassembly o/ the Legislat re, or i/ be/ore the e0,iration o/ that ,eriod a resol tion disa,,roving it is ,assed by the Legislative Assembly and agreed to by the Legislative %o ncil, i/ any, ,on the ,assing o/ the resol tion or, as the case may be, on the resol tion being agreed to by the %o nciland 9b: may be 1ithdra1n at any time by the $overnor7 E0,lanation78Where the Ho ses o/ the Legislat re o/ a !tate having a Legislative %o ncil are s mmoned to reassemble on di//erent dates, the ,eriod o/ si0 1ee>s shall be rec>oned /rom the later o/ those dates /or the , r,oses o/ this cla se7 9<: I/ and so /ar as an Ordinance nder this article ma>es any ,rovision 1hich 1o ld not be valid i/ enacted in an Act o/ the Legislat re o/ the !tate assented to by the $overnor, it shall be void* Provided that, /or the , r,oses o/ the ,rovisions o/ this %onstit tion relating to the e//ect o/ an Act o/ the Legislat re o/ a !tate 1hich is re, gnant to an Act o/ Parliament or an e0isting la1 1ith res,ect to a matter en merated in the %onc rrent List, an Ordinance ,rom lgated nder this article in , rs ance o/ instr ctions /rom the President shall be deemed to be an Act o/ the Legislat re o/ the !tate 1hich has been reserved /or the consideration o/ the President and assented to by him7 J J J J J

%ha,ter "78The High %o rts in the !tates ;467 High %o rts /or !tates78There shall be a High %o rt /or each !tate7 J J J J J ;4B7 High %o rts to be co rts o/ record78Every High %o rt shall be a co rt o/ record and shall have all the ,o1ers o/ s ch a co rt incl ding the ,o1er to , nish /or contem,t o/ itsel/7 ;4C7 %onstit tion o/ High %o rts78Every High %o rt shall consist o/ a %hie/ + stice and s ch other + dges as the President may /rom time to time deem it necessary to a,,oint7 J J J J J ;4A7 A,,ointment and conditions o/ the o//ice o/ a + dge o/ a High %o rt7894: Every + dge o/ a High %o rt shall be a,,ointed by the President by 1arrant nder his hand and seal a/ter cons ltation 1ith the %hie/ + stice o/ India, the $overnor o/ the !tate, and, in the case o/ a,,ointment o/ a + dge other than the %hie/ + stice, the %hie/ + stice o/ the High %o rt, and shall hold o//ice, in the case o/ an additional or acting + dge, as ,rovided in article ;;6, and in any other case, ntil he attains the age o/ si0ty3t1o years* Provided that8 9a: a + dge may, by 1riting nder his hand addressed to the President, resign his o//ice9b: a + dge may be removed /rom his o//ice by the President in the manner ,rovided in cla se 96: o/ article 4;6 /or the removal o/ a + dge o/ the ! ,reme %o rt9c: the o//ice o/ a + dge shall be vacated by his being a,,ointed by the President to be a + dge o/ the ! ,reme %o rt or by his being trans/erred by the President to any other High %o rt 1ithin the territory o/ India7 9;: A ,erson shall not be = ali/ied /or a,,ointment as a + dge o/ a High %o rt nless he is a citi)en o/ India and8 9a: has /or at least ten years held a H dicial o//ice in the territory o/ India- or 9b: has /or at least ten years been an advocate o/ a High %o rt or o/ t1o or more s ch %o rts in s ccession7 J J J J J E0,lanation78For the , r,oses o/ this cla se8 9a: in com, ting the ,eriod d ring 1hich a ,erson has held H dicial o//ice in the territory o/ India, there shall be incl ded any ,eriod, a/ter he has held any H dicial o//ice, d ring 1hich the ,erson has been an advocate o/ a High %o rt or has held the o//ice o/ a member o/ a trib nal or any ,ost, nder the &nion or a !tate, re= iring s,ecial >no1ledge o/ la19aa: in com, ting the ,eriod d ring 1hich a ,erson has been an advocate o/ a High %o rt, there shall be incl ded any ,eriod d ring 1hich the ,erson has held H dicial o//ice or the o//ice o/ a member o/ a trib nal or any ,ost, nder the &nion or a !tate, re= iring s,ecial >no1ledge o/ la1 a/ter he became an advocate9b: in com, ting the ,eriod d ring 1hich a ,erson has held H dicial o//ice in the territory o/ India or been an advocate o/ a High %o rt, there shall be incl ded any ,eriod be/ore the commencement o/ this %onstit tion d ring 1hich he has held H dicial o//ice in any area 1hich 1as com,rised be/ore the /i/teenth day o/ A g st,

456A, 1ithin India as de/ined by the $overnment o/ India Act, 45<B, or has been an advocate o/ any High %o rt in any s ch area, as the case may be7 9<: I/ any = estion arises as to the age o/ a + dge o/ a High %o rt, the = estion shall be decided by the President a/ter cons ltation 1ith the %hie/ + stice o/ India and the decision o/ the President shall be /inal7 ;4F7 A,,lication o/ certain ,rovisions relating to ! ,reme %o rt to High %o rts78 The ,rovisions o/ cla ses 96: and 9B: o/ article 4;6 shall a,,ly in relation to a High %o rt as they a,,ly in relation to the ! ,reme %o rt 1ith the s bstit tion o/ re/erences to the High %o rt /or re/erences to the ! ,reme %o rt7 ;457 Oath or a//irmation by + dges o/ High %o rts78Every ,erson a,,ointed to be a + dge o/ a High %o rt shall, be/ore he enters ,on his o//ice, ma>e and s bscribe be/ore the $overnor o/ the !tate, or some ,erson a,,ointed in that behal/ by him, an oath or a//irmation according to the /orm set o t /or the , r,ose in the Third !ched le7 ;;G7 #estriction on ,ractice a/ter being a ,ermanent + dge78No ,erson 1ho, a/ter the commencement o/ this %onstit tion, has held o//ice as a ,ermanent + dge o/ a High %o rt shall ,lead or act in any co rt or be/ore any a thority in India e0ce,t the ! ,reme %o rt and the other High %o rts7 E0,lanation78In this article, the e0,ression DHigh %o rtI does not incl de a High %o rt /or a !tate s,eci/ied in Part ( o/ the First !ched le as it e0isted be/ore the commencement o/ the %onstit tion 9!eventh Amendment: Act, 45BC7 ;;47 !alaries, etc7, o/ + dges7894: There shall be ,aid to the + dges o/ each High %o rt s ch salaries as may be determined by Parliament by la1 and, ntil ,rovision in that behal/ is so made, s ch salaries as are s,eci/ied in the !econd !ched le7 9;: Every + dge shall be entitled to s ch allo1ances and to s ch rights in res,ect o/ leave o/ absence and ,ension as may /rom time to time be determined by or nder la1 made by Parliament and, ntil so determined, to s ch allo1ances and rights as are s,eci/ied in the !econd !ched le* Provided that neither the allo1ances o/ a + dge nor his rights in res,ect o/ leave o/ absence or ,ension shall be varied to his disadvantage a/ter his a,,ointment7 ;;;7 Trans/er o/ a + dge /rom one High %o rt to another7894: The President may, a/ter cons ltation 1ith the %hie/ + stice o/ India, trans/er a + dge /rom one High %o rt to any other High %o rt7 9;: When a + dge has been or is so trans/erred, he shall, d ring the ,eriod he serves, a/ter the commencement o/ the %onstit tion 9Fi/teenth Amendment: Act, 45C<, as a + dge o/ the other High %o rt, be entitled to receive in addition to his salary s ch com,ensatory allo1ance as may be determined by Parliament by la1 and, ntil so determined, s ch com,ensatory allo1ance as the President may by order /i07 ;;<7 A,,ointment o/ acting %hie/ + stice78When the o//ice o/ %hie/ + stice o/ a High %o rt is vacant or 1hen any s ch %hie/ + stice is, by reason o/ absence or other1ise, nable to ,er/orm the d ties o/ his o//ice, the d ties o/ the o//ice shall be ,er/ormed by s ch one o/ the other + dges o/ the %o rt as the President may a,,oint /or the , r,ose7 ;;67 A,,ointment o/ additional and acting + dges7894: I/ by reason o/ any tem,orary increase in the b siness o/ a High %o rt or by reason o/ arrears o/ 1or>

therein, it a,,ears to the President that the n mber o/ the + dges o/ that %o rt sho ld be /or the time being increased, the President may a,,oint d ly = ali/ied ,ersons to be additional + dges o/ the %o rt /or s ch ,eriod not e0ceeding t1o years as he may s,eci/y7 9;: When any + dge o/ a High %o rt other than the %hie/ + stice is by reason o/ absence or /or any other reason nable to ,er/orm the d ties o/ his o//ice or is a,,ointed to act tem,orarily as %hie/ + stice, the President may a,,oint a d ly = ali/ied ,erson to act as a + dge o/ that %o rt ntil the ,ermanent + dge has res med his d ties7 9<: No ,erson a,,ointed as an additional or acting + dge o/ a High %o rt shall hold o//ice a/ter attaining the age o/ si0ty3t1o years7 ;;6A7 A,,ointment o/ retired + dges at sittings o/ High %o rts78Not1ithstanding anything in this %ha,ter, the %hie/ + stice o/ a High %o rt /or any !tate may at any time, 1ith the ,revio s consent o/ the President, re= est any ,erson 1ho has held the o//ice o/ a + dge o/ that %o rt or o/ any other High %o rt to sit and act as a + dge o/ the High %o rt /or that !tate, and every s ch ,erson so re= ested shall, 1hile so sitting and acting, be entitled to s ch allo1ances as the President may by order determine and have all the H risdiction, ,o1ers and ,rivileges o/, b t shall not other1ise be deemed to be, a + dge o/ that High %o rt* Provided that nothing in this article shall be deemed to re= ire any s ch ,erson as a/oresaid to sit and act as a + dge o/ that High %o rt nless he consents so to do7 ;;B7 + risdiction o/ e0isting High %o rts78! bHect to the ,rovisions o/ this %onstit tion and to the ,rovisions o/ any la1 o/ the a,,ro,riate Legislat re made by virt e o/ ,o1ers con/erred on that Legislat re by this %onstit tion, the H risdiction o/, and the la1 administered in, any e0isting High %o rt, and the res,ective ,o1ers o/ the + dges thereo/ in relation to the administration o/ H stice in the %o rt, incl ding any ,o1er to ma>e r les o/ %o rt and to reg late the sittings o/ the %o rt and o/ members thereo/ sitting alone or in Division %o rts, shall be the same as immediately be/ore the commencement o/ this %onstit tion* Provided that any restriction to 1hich the e0ercise o/ original H risdiction by any o/ the High %o rts 1ith res,ect to any matter concerning the reven e or concerning any act ordered or done in the collection thereo/ 1as s bHect immediately be/ore the commencement o/ this %onstit tion shall no longer a,,ly to the e0ercise o/ s ch H risdiction7 ;;C7 Po1er o/ High %o rts to iss e certain 1rits7894: Not1ithstanding anything in article <; every High %o rt shall have ,o1er, thro gho t the territories in relation to 1hich it e0ercises H risdiction, to iss e to any ,erson or a thority, incl ding in a,,ro,riate cases, any $overnment, 1ithin those territories directions, orders or 1rits, incl ding 1rits in the nat re o/ habeas cor, s, mandam s, ,rohibition, = o 1arranto and certiorari, or any o/ them, /or the en/orcement o/ any o/ the rights con/erred by Part III and /or any other , r,ose7 9;: The ,o1er con/erred by cla se 94: to iss e directions, orders or 1rits to any $overnment, a thority or ,erson may also be e0ercised by any High %o rt e0ercising H risdiction in relation to the territories 1ithin 1hich the ca se o/ action, 1holly or in ,art, arises /or the e0ercise o/ s ch ,o1er, not1ithstanding that the seat o/ s ch

$overnment or a thority or the residence o/ s ch ,erson is not 1ithin those territories7 9<: Where any ,arty against 1hom an interim order, 1hether by 1ay o/ inH nction or stay or in any other manner, is made on, or in any ,roceedings relating to, a ,etition nder cla se 94:, 1itho t8 9a: / rnishing to s ch ,arty co,ies o/ s ch ,etition and all doc ments in s ,,ort o/ the ,lea /or s ch interim order- and 9b: giving s ch ,arty an o,,ort nity o/ being heard, ma>es an a,,lication to the High %o rt /or the vacation o/ s ch order and / rnishes a co,y o/ s ch a,,lication to the ,arty in 1hose /avo r s ch order has been made or the co nsel o/ s ch ,arty, the High %o rt shall dis,ose o/ the a,,lication 1ithin a ,eriod o/ t1o 1ee>s /rom the date on 1hich it is received or /rom the date on 1hich the co,y o/ s ch a,,lication is so / rnished, 1hichever is later, or 1here the High %o rt is closed on the last day o/ that ,eriod, be/ore the e0,iry o/ the ne0t day a/ter1ards on 1hich the High %o rt is o,en- and i/ the a,,lication is not so dis,osed o/, the interim order shall, on the e0,iry o/ that ,eriod, or, as the case may be, the e0,iry o/ the said ne0t day, stand vacated7 96: The ,o1er con/erred on a High %o rt by this article shall not be in derogation o/ the ,o1er con/erred on the ! ,reme %o rt by cla se 9;: o/ article <;7 ;;CA7 ?%onstit tional validity o/ %entral la1s not to be considered in ,roceedings nder article ;;C7@ #e,7 by the %onstit tion 9Forty3third Amendment: Act, 45AA, s7 F 917e7/7 4<36345AF:7 ;;A7 Po1er o/ s ,erintendence over all co rts by the High %o rt7894: Every High %o rt shall have s ,erintendence over all co rts and trib nals thro gho t the territories in relation to 1hich it e0ercises H risdiction7 9;: Witho t ,reH dice to the generality o/ the /oregoing ,rovision, the High %o rt may8 9a: call /or ret rns /rom s ch co rts9b: ma>e and iss e general r les and ,rescribe /orms /or reg lating the ,ractice and ,roceedings o/ s ch co rts- and 9c: ,rescribe /orms in 1hich boo>s, entries and acco nts shall be >e,t by the o//icers o/ any s ch co rts7 9<: The High %o rt may also settle tables o/ /ees to be allo1ed to the sheri// and all cler>s and o//icers o/ s ch co rts and to attorneys, advocates and ,leaders ,ractising therein* Provided that any r les made, /orms ,rescribed or tables settled nder cla se 9;: or cla se 9<: shall not be inconsistent 1ith the ,rovision o/ any la1 /or the time being in /orce, and shall re= ire the ,revio s a,,roval o/ the $overnor7 96: Nothing in this article shall be deemed to con/er on a High %o rt ,o1ers o/ s ,erintendence over any co rt or trib nal constit ted by or nder any la1 relating to the Armed Forces7 J J J J J ;;F7 Trans/er o/ certain cases to High %o rt78I/ the High %o rt is satis/ied that a case ,ending in a co rt s bordinate to it involves a s bstantial = estion o/ la1 as to the inter,retation o/ this %onstit tion the determination o/ 1hich is necessary /or the

dis,osal o/ the case, it shall 1ithdra1 the case and may8 9a: either dis,ose o/ the case itsel/, or 9b: determine the said = estion o/ la1 and ret rn the case to the co rt /rom 1hich the case has been so 1ithdra1n together 1ith a co,y o/ its H dgment on s ch = estion, and the said co rt shall on recei,t thereo/ ,roceed to dis,ose o/ the case in con/ormity 1ith s ch H dgment7 ;;FA7 ?!,ecial ,rovisions as to dis,osal o/ = estions relating to constit tional validity o/ !tate la1s7@ #e,7 by the %onstit tion 9Forty3third Amendment: Act, 45AA, s7 4G 917e7/7 4<36345AF:7 ;;57 O//icers and servants and the e0,enses o/ High %o rts7894: A,,ointments o/ o//icers and servants o/ a High %o rt shall be made by the %hie/ + stice o/ the %o rt or s ch other + dge or o//icer o/ the %o rt as he may direct* Provided that the $overnor o/ the !tate may by r le re= ire that in s ch cases as may be s,eci/ied in the r le no ,erson not already attached to the %o rt shall be a,,ointed to any o//ice connected 1ith the %o rt save a/ter cons ltation 1ith the !tate P blic !ervice %ommission7 9;: ! bHect to the ,rovisions o/ any la1 made by the Legislat re o/ the !tate, the conditions o/ service o/ o//icers and servants o/ a High %o rt shall be s ch as may be ,rescribed by r les made by the %hie/ + stice o/ the %o rt or by some other + dge or o//icer o/ the %o rt a thorised by the %hie/ + stice to ma>e r les /or the , r,ose* Provided that the r les made nder this cla se shall, so /ar as they relate to salaries, allo1ances, leave or ,ensions, re= ire the a,,roval o/ the $overnor o/ the !tate7 9<: The administrative e0,enses o/ a High %o rt, incl ding all salaries, allo1ances and ,ensions ,ayable to or in res,ect o/ the o//icers and servants o/ the %o rt, shall be charged ,on the %onsolidated F nd o/ the !tate, and any /ees or other moneys ta>en by the %o rt shall /orm ,art o/ that F nd7 ;<G7 E0tension o/ H risdiction o/ High %o rts to &nion territories7894: Parliament may by la1 e0tend the H risdiction o/ a High %o rt to, or e0cl de the H risdiction o/ a High %o rt /rom, any &nion territory7 9;: Where the High %o rt o/ a !tate e0ercises H risdiction in relation to a &nion territory,8 9a: nothing in this %onstit tion shall be constr ed as em,o1ering the Legislat re o/ the !tate to increase, restrict or abolish that H risdiction- and 9b: the re/erence in article ;;A to the $overnor shall, in relation to any r les, /orms or tables /or s bordinate co rts in that territory, be constr ed as a re/erence to the President7 ;<47 Establishment o/ a common High %o rt /or t1o or more !tates7894: Not1ithstanding anything contained in the ,receding ,rovisions o/ this %ha,ter, Parliament may by la1 establish a common High %o rt /or t1o or more !tates or /or t1o or more !tates and a &nion territory7 9;: In relation to any s ch High %o rt,8 9a: the re/erence in article ;4A to the $overnor o/ the !tate shall be constr ed as a re/erence to the $overnors o/ all the !tates in relation to 1hich the High %o rt e0ercises H risdiction9b: the re/erence in article ;;A to the $overnor shall, in relation to any r les, /orms or

tables /or s bordinate co rts, be constr ed as a re/erence to the $overnor o/ the !tate in 1hich the s bordinate co rts are sit ate- and 9c: the re/erences in articles ;45 and ;;5 to the !tate shall be constr ed as a re/erence to the !tate in 1hich the High %o rt has its ,rinci,al seat* Provided that i/ s ch ,rinci,al seat is in a &nion territory, the re/erences in articles ;45 and ;;5 to the $overnor, P blic !ervice %ommission, Legislat re and %onsolidated F nd o/ the !tate shall be constr ed res,ectively as re/erences to the President, &nion P blic !ervice %ommission, Parliament and %onsolidated F nd o/ India7 %ha,ter "I78! bordinate %o rts ;<<7 A,,ointment o/ district H dges7894: A,,ointments o/ ,ersons to be, and the ,osting and ,romotion o/, district H dges in any !tate shall be made by the $overnor o/ the !tate in cons ltation 1ith the High %o rt e0ercising H risdiction in relation to s ch !tate7 9;: A ,erson not already in the service o/ the &nion or o/ the !tate shall only be eligible to be a,,ointed a district H dge i/ he has been /or not less than seven years an advocate or a ,leader and is recommended by the High %o rt /or a,,ointment7 ;<<A7 "alidation o/ a,,ointments o/, and H dgments, etc7, delivered by, certain district H dges7 8Not1ithstanding any H dgment, decree or order o/ any co rt,8 9a: 9i: no a,,ointment o/ any ,erson already in the H dicial service o/ a !tate or o/ any ,erson 1ho has been /or not less than seven years an advocate or a ,leader, to be a district H dge in that !tate, and 9ii: no ,osting, ,romotion or trans/er o/ any s ch ,erson as a district H dge, made at any time be/ore the commencement o/ the %onstit tion 9T1entieth Amendment: Act, 45CC, other1ise than in accordance 1ith the ,rovisions o/ article ;<< or article ;<B shall be deemed to be illegal or void or ever to have become illegal or void by reason only o/ the /act that s ch a,,ointment, ,osting, ,romotion or trans/er 1as not made in accordance 1ith the said ,rovisions9b: no H risdiction e0ercised, no H dgment, decree, sentence or order ,assed or made, and no other act or ,roceedings done or ta>en, be/ore the commencement o/ the %onstit tion 9T1entieth Amendment: Act, 45CC by, or be/ore, any ,erson a,,ointed, ,osted, ,romoted or trans/erred as a district H dge in any !tate other1ise than in accordance 1ith the ,rovisions o/ article ;<< or article ;<B shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only o/ the /act that s ch a,,ointment, ,osting, ,romotion or trans/er 1as not made in accordance 1ith the said ,rovisions7 ;<67 #ecr itment o/ ,ersons other than district H dges to the H dicial service78 A,,ointments o/ ,ersons other than district H dges to the H dicial service o/ a !tate shall be made by the $overnor o/ the !tate in accordance 1ith r les made by him in that behal/ a/ter cons ltation 1ith the !tate P blic !ervice %ommission and 1ith the High %o rt e0ercising H risdiction in relation to s ch !tate7 ;<B7 %ontrol over s bordinate co rts78 The control over district co rts and co rts s bordinate thereto incl ding the ,osting and ,romotion o/, and the grant o/ leave to, ,ersons belonging to the H dicial service o/ a !tate and holding any ,ost in/erior to

the ,ost o/ district H dge shall be vested in the High %o rt, b t nothing in this article shall be constr ed as ta>ing a1ay /rom any s ch ,erson any right o/ a,,eal 1hich he may have nder the la1 reg lating the conditions o/ his service or as a thorising the High %o rt to deal 1ith him other1ise than in accordance 1ith the conditions o/ his service ,rescribed nder s ch la17 ;<C7 Inter,retation78 In this %ha,ter8 9a: the e0,ression Ddistrict H dgeI incl des H dge o/ a city civil co rt, additional district H dge, Hoint district H dge, assistant district H dge, chie/ H dge o/ a small ca se co rt, chie/ ,residency magistrate, additional chie/ ,residency magistrate, sessions H dge, additional sessions H dge and assistant sessions + dge9b: the e0,ression DH dicial serviceI means a service consisting e0cl sively o/ ,ersons intended to /ill the ,ost o/ district H dge and other civil H dicial ,osts in/erior to the ,ost o/ district H dge7 ;<A7 A,,lication o/ the ,rovisions o/ this %ha,ter to certain class or classes o/ magistrates78The $overnor may by , blic noti/ication direct that the /oregoing ,rovisions o/ this %ha,ter and any r les made there nder shall 1ith e//ect /rom s ch date as may be /i0ed by him in that behal/ a,,ly in relation to any class or classes o/ magistrates in the !tate as they a,,ly in relation to ,ersons a,,ointed to the H dicial service o/ the !tate s bHect to s ch e0ce,tions and modi/ications as may be s,eci/ied in the noti/ication7

PART VII.
8?The !tates in Part ( o/ the First !ched le@7 #e,7 by the %onstit tion 9!eventh Amendment: Act, 45BC, s7 ;5 and !ch7

PART VIII THE UNION TERRITORIES


;<57 Administration o/ &nion territories7894: !ave as other1ise ,rovided by Parliament by la1, every &nion territory shall be administered by the President acting, to s ch e0tent as he thin>s /it, thro gh an administrator to be a,,ointed by him 1ith s ch designation as he may s,eci/y7 9;: Not1ithstanding anything contained in Part "I, the President my a,,oint the $overnor o/ a !tate as the administrator o/ an adHoining &nion territory, and 1here a $overnor is so a,,ointed, he shall e0ercise his / nctions as s ch administrator inde,endently o/ his %o ncil o/ 'inisters7 ;<5A7 %reation o/ local Legislat res or %o ncil o/ 'inisters or both /or certain &nion territories7894: Parliament may by la1 create /or the &nion territory o/ Pondicherry8 9a: a body, 1hether elected or ,artly nominated and ,artly elected, to / nction as a Legislat re /or the &nion territory, or 9b: a %o ncil o/ 'inisters, or both 1ith s ch constit tion, ,o1ers and / nctions, in each case, as may be s,eci/ied in the la17 9;: Any s ch la1 as is re/erred to in cla se 94: shall not be deemed to be an amendment o/ this %onstit tion /or the , r,oses o/ article <CF not1ithstanding that it

contains any ,rovision 1hich amends or has the e//ect o/ amending this %onstit tion7 ;<5AA7 !,ecial ,rovisions 1ith res,ect to Delhi7894: As /rom the date o/ commencement o/ the %onstit tion 9!i0ty3ninth Amendment: Act, 4554, the &nion territory o/ Delhi shall be called the National %a,ital Territory o/ Delhi 9herea/ter in this Part re/erred to as the National %a,ital Territory: and the administrator thereo/ a,,ointed nder article ;<5 shall be designated as the Lie tenant $overnor7 9;:9a: There shall be a Legislative Assembly /or the National %a,ital Territory and the seats in s ch Assembly shall be /illed by members chosen by direct election /rom territorial constit encies in the National %a,ital Territory7 9b: The total n mber o/ seats in the Legislative Assembly, the n mber o/ seats reserved /or !ched led %astes, the division o/ the National %a,ital Territory into territorial constit encies 9incl ding the basis /or s ch division: and all other matters relating to the / nctioning o/ the Legislative Assembly shall be reg lated by la1 made by Parliament7 9c: The ,rovisions o/ articles <;6 to <;A and <;5 shall a,,ly in relation to the National %a,ital Territory, the Legislative Assembly o/ the National %a,ital Territory and the members thereo/ as they a,,ly, in relation to a !tate, the Legislative Assembly o/ a !tate and the members thereo/ res,ectively- and any re/erence in articles <;C and <;5 to Da,,ro,riate Legislat reI shall be deemed to be a re/erence to Parliament7 9<: 9a: ! bHect to the ,rovisions o/ this %onstit tion, the Legislative Assembly shall have ,o1er to ma>e la1s /or the 1hole or any ,art o/ the National %a,ital Territory 1ith res,ect to any o/ the matters en merated in the !tate List or in the %onc rrent List in so /ar as any s ch matter is a,,licable to &nion territories e0ce,t matters 1ith res,ect to Entries 4, ; and 4F o/ the !tate List and Entries C6, CB and CC o/ that List in so /ar as they relate to the said Entries 4, ; and 4F7 9b: Nothing in s b3cla se 9a: shall derogate /rom the ,o1ers o/ Parliament nder this %onstit tion to ma>e la1s 1ith res,ect to any matter /or a &nion territory or any ,art thereo/7 9c: I/ any ,rovision o/ a la1 made by the Legislative Assembly 1ith res,ect to any matter is re, gnant to any ,rovision o/ a la1 made by Parliament 1ith res,ect to that matter, 1hether ,assed be/ore or a/ter the la1 made by the Legislative Assembly, or o/ an earlier la1, other than a la1 made by the Legislative Assembly, then, in either case, the la1 made by Parliament, or, as the case may be, s ch earlier la1, shall ,revail and the la1 made by the Legislative Assembly shall, to the e0tent o/ the re, gnancy, be void* Provided that i/ any s ch la1 made by the Legislative Assembly has been reserved /or the consideration o/ the President and has received his assent, s ch la1 shall ,revail in the National %a,ital Territory* Provided / rther that nothing in this s b3cla se shall ,revent Parliament /rom enacting at any time any la1 1ith res,ect to the same matter incl ding a la1 adding to, amending, varying or re,ealing the la1 so made by the Legislative Assembly7 96: There shall be a %o ncil o/ 'inisters consisting o/ not more than ten ,er cent7 o/ the total n mber o/ members in the Legislative Assembly, 1ith the %hie/ 'inister at the head to aid and advise the Lie tenant $overnor in the e0ercise o/ his / nctions in

relation to matters 1ith res,ect to 1hich the Legislative Assembly has ,o1er to ma>e la1s, e0ce,t in so /ar as he is, by or nder any la1, re= ired to act in his discretion* Provided that in the case o/ di//erence o/ o,inion bet1een the Lie tenant $overnor and his 'inisters on any matter, the Lie tenant $overnor shall re/er it to the President /or decision and act according to the decision given thereon by the President and ,ending s ch decision it shall be com,etent /or the Lie tenant $overnor in any case 1here the matter, in his o,inion, is so rgent that it is necessary /or him to ta>e immediate action, to ta>e s ch action or to give s ch direction in the matter as he deems necessary7 9B: The %hie/ 'inister shall be a,,ointed by the President and other 'inisters shall be a,,ointed by the President on the advice o/ the %hie/ 'inister and the 'inisters shall hold o//ice d ring the ,leas re o/ the President7 9C: The %o ncil o/ 'inisters shall be collectively res,onsible to the Legislative Assembly7 9A: 9a: Parliament may, by la1, ma>e ,rovisions /or giving e//ect to, or s ,,lementing the ,rovisions contained in the /oregoing cla ses and /or all matters incidental or conse= ential thereto7 9b: Any s ch la1 as is re/erred to in s b3cla se 9a: shall not be deemed to be an amendment o/ this %onstit tion /or the , r,oses o/ article <CF not1ithstanding that it contains any ,rovision 1hich amends or has the e//ect o/ amending, this %onstit tion7 9F: The ,rovisions o/ article ;<5( shall, so /ar as may be, a,,ly in relation to the National %a,ital Territory, the Lie tenant $overnor and the Legislative Assembly, as they a,,ly in relation to the &nion territory o/ Pondicherry, the administrator and its Legislat re, res,ectively- and any re/erence in that article to Dcla se 94: o/ article ;<5AI shall be deemed to be a re/erence to this article or article ;<5A(, as the case may be7 ;<5A(7 Provision in case o/ /ail re o/ constit tional machinery78I/ the President, on recei,t o/ a re,ort /rom the Lie tenant $overnor or other1ise, is satis/ied8 9a: that a sit ation has arisen in 1hich the administration o/ the National %a,ital Territory cannot be carried on in accordance 1ith the ,rovisions o/ article ;<5AA or o/ any la1 made in , rs ance o/ that article- or 9b: that /or the ,ro,er administration o/ the National %a,ital Territory it is necessary or e0,edient so to do, the President may by order s s,end the o,eration o/ any ,rovision o/ article ;<5AA or o/ all or any o/ the ,rovisions o/ any la1 made in , rs ance o/ that article /or s ch ,eriod and s bHect to s ch conditions as may be s,eci/ied in s ch la1 and ma>e s ch incidental and conse= ential ,rovisions as may a,,ear to him to be necessary or e0,edient /or administering the National %a,ital Territory in accordance 1ith the ,rovisions o/ article ;<5 and article ;<5AA7 ;<5(7 Po1er o/ administrator to ,rom lgate Ordinances d ring recess o/ Legislat re7 894: I/ at any time, e0ce,t 1hen the Legislat re o/ the &nion territory o/ Pondicherry is in session, the administrator thereo/ is satis/ied that circ mstances e0ist 1hich render it necessary /or him to ta>e immediate action, he may ,rom lgate s ch Ordinances as the circ mstances a,,ear to him to re= ire* Provided that no s ch Ordinance shall be ,rom lgated by the administrator e0ce,t

a/ter obtaining instr ctions /rom the President in that behal/* Provided / rther that 1henever the said Legislat re is dissolved, or its / nctioning remains s s,ended on acco nt o/ any action ta>en nder any s ch la1 as is re/erred to in cla se 94: o/ article ;<5A, the administrator shall not ,rom lgate any Ordinance d ring the ,eriod o/ s ch dissol tion or s s,ension7 9;: An Ordinance ,rom lgated nder this article in , rs ance o/ instr ctions /rom the President shall be deemed to be an Act o/ the Legislat re o/ the &nion territory 1hich has been d ly enacted a/ter com,lying 1ith the ,rovisions in that behal/ contained in any s ch la1 as is re/erred to in cla se 94: o/ article ;<5A, b t every s ch Ordinance8 9a: shall be laid be/ore the Legislat re o/ the &nion territory and shall cease to o,erate at the e0,iration o/ si0 1ee>s /rom the reassembly o/ the Legislat re or i/, be/ore the e0,iration o/ that ,eriod, a resol tion disa,,roving it is ,assed by the Legislat re, ,on the ,assing o/ the resol tion- and 9b: may be 1ithdra1n at any time by the administrator a/ter obtaining instr ctions /rom the President in that behal/7 9<: I/ and so /ar as an Ordinance nder this article ma>es any ,rovision 1hich 1o ld not be valid i/ enacted in an Act o/ the Legislat re o/ the &nion territory made a/ter com,lying 1ith the ,rovisions in that behal/ contained in any s ch la1 as is re/erred to in cla se 94: o/ article ;<5A, it shall be void7 J J J J J ;6G7 Po1er o/ President to ma>e reg lations /or certain &nion territories78 94: The President may ma>e reg lations /or the ,eace, ,rogress and good government o/ the &nion territory o/8 9a: the Andaman and Nicobar Islands9b: La>shad1ee,9c: Dadra and Nagar Haveli9d: Daman and Di 9e: Pondicherry* Provided that 1hen any body is created nder article ;<5A to / nction as a Legislat re /or the &nion territory o/ Pondicherry, the President shall not ma>e any reg lation /or the ,eace, ,rogress and good government o/ that &nion territory 1ith e//ect /rom the date a,,ointed /or the /irst meeting o/ the Legislat re* Provided / rther that 1henever the body / nctioning as a Legislat re /or the &nion territory o/ Pondicherry is dissolved, or the / nctioning o/ that body as s ch Legislat re remains s s,ended on acco nt o/ any action ta>en nder any s ch la1 as is re/erred to in cla se 94: o/ article ;<5A, the President may, d ring the ,eriod o/ s ch dissol tion or s s,ension, ma>e reg lations /or the ,eace, ,rogress and good government o/ that &nion territory7 9;: Any reg lation so made may re,eal or amend any Act made by Parliament or any other la1 1hich is /or the time being a,,licable to the &nion territory and, 1hen ,rom lgated by the President, shall have the same /orce and e//ect as an Act o/ Parliament 1hich a,,lies to that territory7 ;647 High %o rts /or &nion territories894: Parliament may by la1 constit te a High %o rt /or a &nion territory or declare any co rt in any s ch territory to be a High

%o rt /or all or any o/ the , r,oses o/ this %onstit tion7 9;: The ,rovisions o/ %ha,ter " o/ Part "I shall a,,ly in relation to every High %o rt re/erred to in cla se 94: as they a,,ly in relation to a High %o rt re/erred to in article ;46 s bHect to s ch modi/ications or e0ce,tions as Parliament may by la1 ,rovide7 9<: ! bHect to the ,rovisions o/ this %onstit tion and to the ,rovisions o/ any la1 o/ the a,,ro,riate Legislat re made by virt e o/ ,o1ers con/erred on that Legislat re by or nder this %onstit tion, every High %o rt e0ercising H risdiction immediately be/ore the commencement o/ the %onstit tion 9!eventh Amendment: Act, 45BC, in relation to any &nion territory shall contin e to e0ercise s ch H risdiction in relation to that territory a/ter s ch commencement7 96: Nothing in this article derogates /rom the ,o1er o/ Parliament to e0tend or e0cl de the H risdiction o/ a High %o rt /or a !tate to, or /rom, any &nion territory or ,art thereo/7 ;6;7 ?%oorg7@ #e,7 by the %onstit tion 9!eventh Amendment: Act, 45BC, s7 ;5 and !ch7

PART IX THE PANCHAYATS


;6<7 De/initions78In this Part, nless the conte0t other1ise re= ires,8 9a: DdistrictI means a district in a !tate9b: D$ram !abhaI means a body consisting o/ ,ersons registered in the electoral rolls relating to a village com,rised 1ithin the area o/ Panchayat at the village level9c: Dintermediate levelI means a level bet1een the village and district levels s,eci/ied by the $overnor o/ a !tate by , blic noti/ication to be the intermediate level /or the , r,oses o/ this Part9d: DPanchayatI means an instit tion 9by 1hatever name called: o/ sel/3 government constit ted nder article ;6<(, /or the r ral areas9e: DPanchayat areaI means the territorial area o/ a Panchayat9/: DPo, lationI means the ,o, lation as ascertained at the last ,receding cens s o/ 1hich the relevant /ig res have been , blished9g: DvillageI means a village s,eci/ied by the $overnor by , blic noti/ication to be a village /or the , r,oses o/ this Part and incl des a gro , o/ villages so s,eci/ied7 ;6<A7 $ram !abha78 A $ram !abha may e0ercise s ch ,o1ers and ,er/orm s ch / nctions at the village level as the Legislat re o/ a !tate may, by la1, ,rovide7 ;6<(7 %onstit tion o/ Panchayats7894: There shall be constit ted in every !tate, Panchayats at the village, intermediate and district levels in accordance 1ith the ,rovisions o/ this Part7 9;: Not1ithstanding anything in cla se 94:, Panchayats at the intermediate level may not be constit ted in a !tate having a ,o, lation not e0ceeding t1enty la>hs7 ;6<%7 %om,osition o/ Panchayats78 94: ! bHect to the ,rovisions o/ this Part, the Legislat re o/ a !tate may, by la1, ma>e ,rovisions 1ith res,ect to the com,osition o/ Panchayats* Provided that the ratio bet1een the ,o, lation o/ the territorial area o/ a Panchayat at any level and the n mber o/ seats in s ch Panchayat to be /illed by election shall, so /ar as ,racticable, be the same thro gho t the !tate7

9;: All the seats in a Panchayat shall be /illed by ,ersons chosen by direct election /rom territorial constit encies in the Panchayat area and, /or this , r,ose, each Panchayat area shall be divided into territorial constit encies in s ch manner that the ratio bet1een the ,o, lation o/ each constit ency and the n mber o/ seats allotted to it shall, so /ar as ,racticable, be the same thro gho t the ,anchayat area7 9<: The Legislat re o/ a !tate may, by la1, ,rovide /or the re,resentation8 9a: o/ the %hair,ersons o/ the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case o/ a !tate not having Panchayats at the intermediate level, in the Panchayats at the district level9b: o/ the %hair,ersons o/ the Panchayats at the intermediate level, in the Panchayats at the district level9c: o/ the members o/ the Ho se o/ the Peo,le and the members o/ the Legislative Assembly o/ the !tate re,resenting constit encies 1hich com,rise 1holly or ,artly a Panchayat area at a level other than the village level, in s ch Panchayat9d: o/ the members o/ the %o ncil o/ !tates and the members o/ the Legislative %o ncil o/ the !tate, 1here they are registered as electors 1ithin8 9i: a Panchayat area at the intermediate level, in Panchayat at the intermediate level9ii: a Panchayat area at the district level, in Panchayat at the district level7 96: The %hair,erson o/ a Panchayat and other members o/ a Panchayat 1hether or not chosen by direct election /rom territorial constit encies in the Panchayat area shall have the right to vote in the meetings o/ the Panchayats7 9B: The %hair,erson o/8 9a: a ,anchayat at the village level shall be elected in s ch manner as the Legislat re o/ a !tate may, by la1, ,rovide- and 9b: a Panchayat at the intermediate level or district level shall be elected by, and /rom amongst, the elected members thereo/7 ;6<D7 #eservation o/ seats7894: !eats shall be reserved /or8 9a: the !ched led %astes- and 9b: the !ched led Tribes, in every Panchayat and the n mber o/ seats so reserved shall bear, as nearly as may be, the same ,ro,ortion to the total n mber o/ seats to be /illed by direct election in that Panchayat as the ,o, lation o/ the !ched led %astes in that Panchayat area or o/ the !ched led Tribes in that Panchayat area bears to the total ,o, lation o/ that area and s ch seats may be allotted by rotation to di//erent constit encies in a Panchayat7 9;: Not less than one3third o/ the total n mber o/ seats reserved nder cla se 94: shall be reserved /or 1omen belonging to the !ched led %astes or, as the case may be, the !ched led Tribes7 9<: Not less than one3third 9incl ding the n mber o/ seats reserved /or 1omen belonging to the !ched led %astes and the !ched led Tribes: o/ the total n mber o/ seats to be /illed by direct election in every Panchayat shall be reserved /or 1omen and s ch seats may be allotted by rotation to di//erent constit encies in a Panchayat7 96: The o//ices o/ the %hair,ersons in the Panchayats at the village or any other level shall be reserved /or the !ched led %astes, the !ched led Tribes and 1omen in s ch manner as the Legislat re o/ a !tate may, by la1, ,rovide* Provided that the n mber o/ o//ices o/ %hair,ersons reserved /or the !ched led

%astes and the !ched led Tribes in the Panchayats at each level in any !tate shall bear, as nearly as may be, the same ,ro,ortion to the total n mber o/ s ch o//ices in the Panchayats at each level as the ,o, lation o/ the !ched led %astes in the !tate or o/ the !ched led Tribes in the !tate bears to the total ,o, lation o/ the !tate* Provided / rther that not less than one3third o/ the total n mber o/ o//ices o/ %hair,ersons in the Panchayats at each level shall be reserved /or 1omen* Provided also that the n mber o/ o//ices reserved nder this cla se shall be allotted by rotation to di//erent Panchayats at each level7 9B: The reservation o/ seats nder cla ses 94: and 9;: and the reservation o/ o//ices o/ %hair,ersons 9other than the reservation /or 1omen: nder cla se 96: shall cease to have e//ect on the e0,iration o/ the ,eriod s,eci/ied in article <<67 9C: Nothing in this Part shall ,revent the Legislat re o/ a !tate /rom ma>ing any ,rovision /or reservation o/ seats in any Panchayat or o//ices o/ %hair,ersons in the Panchayats at any level in /avo r o/ bac>1ard class o/ citi)ens7 ;6<E7 D ration o/ Panchayats, etc7894: Every Panchayat, nless sooner dissolved nder any la1 /or the time being in /orce, shall contin e /or /ive years /rom the date a,,ointed /or its /irst meeting and no longer7 9;: No amendment o/ any la1 /or the time being in /orce shall have the e//ect o/ ca sing dissol tion o/ a Panchayat at any level, 1hich is / nctioning immediately be/ore s ch amendment, till the e0,iration o/ its d ration s,eci/ied in cla se 94:7 9<: An election to constit te a Panchayat shall be com,leted8 9a: be/ore the e0,iry o/ its d ration s,eci/ied in cla se 94:9b: be/ore the e0,iration o/ a ,eriod o/ si0 months /rom the date o/ its dissol tion* Provided that 1here the remainder o/ the ,eriod /or 1hich the dissolved Panchayat 1o ld have contin ed is less than si0 months, it shall not be necessary to hold any election nder this cla se /or constit ting the Panchayat /or s ch ,eriod7 96: A Panchayat constit ted ,on the dissol tion o/ a Panchayat be/ore the e0,iration o/ its d ration shall contin e only /or the remainder o/ the ,eriod /or 1hich the dissolved Panchayat 1o ld have contin ed nder cla se 94: had it not been so dissolved7 ;6<F7 Dis= ali/ications /or membershi,7894: A ,erson shall be dis= ali/ied /or being chosen as, and /or being, a member o/ a Panchayat8 9a: i/ he is so dis= ali/ied by or nder any la1 /or the time being in /orce /or the , r,oses o/ elections to the Legislat re o/ the !tate concerned* Provided that no ,erson shall be dis= ali/ied on the gro nd that he is less than t1enty3/ive years o/ age, i/ he has attained the age o/ t1enty3one years9b: i/ he is so dis= ali/ied by or nder any la1 made by the Legislat re o/ the !tate7 9;: I/ any = estion arises as to 1hether a member o/ a Panchayat has become s bHect to any o/ the dis= ali/ications mentioned in cla se 94:, the = estion shall be re/erred /or the decision o/ s ch a thority and in s ch manner as the Legislat re o/ a !tate may, by la1, ,rovide7 ;6<$7 Po1ers, a thority and res,onsibilities o/ Panchayats78! bHect to the ,rovisions o/ this %onstit tion, the Legislat re o/ a !tate may, by la1, endo1 the Panchayats 1ith s ch ,o1ers and a thority as may be necessary to enable them to

/ nction as instit tions o/ sel/3government and s ch la1 may contain ,rovisions /or the devol tion o/ ,o1ers and res,onsibilities ,on Panchayats at the a,,ro,riate level, s bHect to s ch conditions as may be s,eci/ied therein, 1ith res,ect to8 9a: the ,re,aration o/ ,lans /or economic develo,ment and social H stice9b: the im,lementation o/ schemes /or economic develo,ment and social H stice as may be entr sted to them incl ding those in relation to the matters listed in the Eleventh !ched le7 ;6<H7 Po1ers to im,ose ta0es by, and F nds o/, the Panchayats78The Legislat re o/ a !tate may, by la1,8 9a: a thorise a Panchayat to levy, collect and a,,ro,riate s ch ta0es, d ties, tolls and /ees in accordance 1ith s ch ,roced re and s bHect to s ch limits9b: assign to a Panchayat s ch ta0es, d ties, tolls and /ees levied and collected by the !tate $overnment /or s ch , r,oses and s bHect to s ch conditions and limits9c: ,rovide /or ma>ing s ch grants3in3aid to the Panchayats /rom the %onsolidated F nd o/ the !tate- and 9d: ,rovide /or constit tion o/ s ch F nds /or crediting all moneys received, res,ectively, by or on behal/ o/ the Panchayats and also /or the 1ithdra1al o/ s ch moneys there/rom, as may be s,eci/ied in the la17 ;6<3I7 %onstit tion o/ Finance %ommission to revie1 /inancial ,osition7894: The $overnor o/ a !tate shall, as soon as may be 1ithin one year /rom the commencement o/ the %onstit tion 9!eventy3third Amendment: Act, 455;, and therea/ter at the e0,iration o/ every /i/th year, constit te a Finance %ommission to revie1 the /inancial ,osition o/ the Panchayats and to ma>e recommendations to the $overnor as to8 9a: the ,rinci,les 1hich sho ld govern8 9i: the distrib tion bet1een the !tate and the Panchayats o/ the net ,roceeds o/ the ta0es, d ties, tolls and /ees leviable by the !tate, 1hich may be divided bet1een them nder this Part and the allocation bet1een the Panchayats at all levels o/ their res,ective shares o/ s ch ,roceeds9ii: the determination o/ the ta0es, d ties, tolls and /ees 1hich may be assigned to, or a,,ro,riated by, the Panchayats9iii: the grants3in3aid to the Panchayats /rom the %onsolidated F nd o/ the !tate9b: the meas res needed to im,rove the /inancial ,osition o/ the Panchayats9c: any other matter re/erred to the Finance %ommission by the $overnor in the interests o/ so nd /inance o/ the Panchayats7 9;: The Legislat re o/ a !tate may, by la1, ,rovide /or the com,osition o/ the %ommission, the = ali/ications 1hich shall be re= isite /or a,,ointment as members thereo/ and the manner in 1hich they shall be selected7 9<: The %ommission shall determine their ,roced re and shall have s ch ,o1ers in the ,er/ormance o/ their / nctions as the Legislat re o/ the !tate may, by la1, con/er on them7 96: The $overnor shall ca se every recommendation made by the %ommission nder this article together 1ith an e0,lanatory memorand m as to the action ta>en thereon to be laid be/ore the Legislat re o/ the !tate7

;6<+7 A dit o/ acco nts o/ Panchayats78The Legislat re o/ a !tate may, by la1, ma>e ,rovisions 1ith res,ect to the maintenance o/ acco nts by the Panchayats and the a diting o/ s ch acco nts7 ;6<L7 Elections to the Panchayats7894: The s ,erintendence, direction and control o/ the ,re,aration o/ electoral rolls /or, and the cond ct o/, all elections to the Panchayats shall be vested in a !tate Election %ommission consisting o/ a !tate Election %ommissioner to be a,,ointed by the $overnor7 9;: ! bHect to the ,rovisions o/ any la1 made by the Legislat re o/ a !tate, the conditions o/ service and ten re o/ o//ice o/ the !tate Election %ommissioner shall be s ch as the $overnor may by r le determine* Provided that the !tate Election %ommissioner shall not be removed /rom his o//ice e0ce,t in li>e manner and on the li>e gro nds as a + dge o/ a High %o rt and the conditions o/ service o/ the !tate Election %ommissioner shall not be varied to his disadvantage a/ter his a,,ointment7 9<: The $overnor o/ a !tate shall, 1hen so re= ested by the !tate Election %ommission, ma>e available to the !tate Election %ommission s ch sta// as may be necessary /or the discharge o/ the / nctions con/erred on the !tate Election %ommission by cla se 94:7 96: ! bHect to the ,rovisions o/ this %onstit tion, the Legislat re o/ a !tate may, by la1, ma>e ,rovision 1ith res,ect to all matters relating to, or in connection 1ith, elections to the Panchayats7 ;6<L7 A,,lication to &nion territories78The ,rovisions o/ this Part shall a,,ly to the &nion territories and shall, in their a,,lication to a &nion territory, have e//ect as i/ the re/erences to the $overnor o/ a !tate 1ere re/erences to the Administrator o/ the &nion territory a,,ointed nder article ;<5 and re/erences to the Legislat re or the legislative Assembly o/ a !tate 1ere re/erences, in relation to a &nion territory having a Legislative Assembly, to that Legislative Assembly* Provided that the President may, by , blic noti/ication, direct that the ,rovisions o/ this Part shall a,,ly to any &nion territory or ,art thereo/ s bHect to s ch e0ce,tions and modi/ications as he may s,eci/y in the noti/ication7 ;6<'7 Part not to a,,ly to certain areas7894: Nothing in this Part shall a,,ly to the !ched led Areas re/erred to in cla se 94:, and the tribal areas re/erred to in cla se 9;:, o/ article ;667 9;: Nothing in this Part shall a,,ly to8 9a: the !tates o/ Nagaland, 'eghalaya and 'i)oram9b: the hill areas in the !tate o/ 'ani, r /or 1hich District %o ncils e0ist nder any la1 /or the time being in /orce7 9<: Nothing in this Part8 9a: relating to Panchayats at the district level shall a,,ly to the hill areas o/ the District o/ DarHeeling in the !tate o/ West (engal /or 1hich DarHeeling $or>ha Hill %o ncil e0ists nder any la1 /or the time being in /orce9b: shall be constr ed to a//ect the / nctions and ,o1ers o/ the DarHeeling $or>ha Hill %o ncil constit ted nder s ch la17 9<A: Nothing in article ;6<D, relating to reservation o/ seats /or the !ched led %astes, shall a,,ly to the !tate o/ Ar nachal Pradesh7

96: Not1ithstanding anything in this %onstit tion, 8 9a: the Legislat re o/ a !tate re/erred to in s b3cla se 9a: o/ cla se 9;: may, by la1, e0tend this ,art to that !tate, e0ce,t the areas, i/ any, re/erred to in cla se 94:, i/ the Legislative Assembly o/ that !tate ,asses a resol tion to that e//ect by a maHority o/ the total membershi, o/ that Ho se and by a maHority o/ not less than t1o3thirds o/ the members o/ that Ho se ,resent and voting9b: Parliament may, by la1, e0tend the ,rovisions o/ this Part to the !ched led Areas and the tribal areas re/erred to in cla se 94: s bHect to s ch e0ce,tions and modi/ications as may be s,eci/ied in s ch la1, and no s ch la1 shall be deemed to be an amendment o/ this %onstit tion /or the , r,oses o/ article <CF7 ;6<N7 %ontin ance o/ e0isting la1s and Panchayats78Not1ithstanding anything in this Part, any ,rovision o/ any la1 relating to Panchayats in /orce in a !tate immediately be/ore the commencement o/ the %onstit tion 9!eventy3third Amendment: Act, 455;, 1hich is inconsistent 1ith the ,rovisions o/ this Part, shall contin e to be in /orce ntil amended or re,ealed by a com,etent Legislat re or other com,etent a thority or ntil the e0,iration o/ one year /rom s ch commencement, 1hichever is earlier* Provided that all the Panchayats e0isting immediately be/ore s ch commencement shall contin e till the e0,iration o/ their d ration, nless sooner dissolved by a resol tion ,assed to that e//ect by the Legislative Assembly o/ that !tate or, in the case o/ a !tate having a Legislative %o ncil, by each Ho se o/ the Legislat re o/ that !tate7 ;6<3O7 (ar to inter/erence by co rts in electoral matters78 Not1ithstanding anything in this %onstit tion,8 9a: the validity o/ any la1 relating to the delimitation o/ constit encies or the allotment o/ seats to s ch constit encies, made or , r,orting to be made nder article ;6<L, shall not be called in = estion in any co rt9b: no election to any Panchayat shall be called in = estion e0ce,t by an election ,etition ,resented to s ch a thority and in s ch manner as is ,rovided /or by or nder any la1 made by the Legislat re o/ a !tate7

PART IXA THE MUNICIPALITIES


;6<P7 De/initions78In this Part, nless the conte0t other1ise re= ires,8 9a: D%ommitteeI means a %ommittee constit ted nder article ;6<!9b: DdistrictI means a district in a !tate9c: D'etro,olitan areaI means an area having a ,o, lation o/ ten la>hs or more, com,rised in one or more districts and consisting o/ t1o or more ' nici,alities or Panchayats or other contig o s areas, s,eci/ied by the $overnor by , blic noti/ication to be a 'etro,olitan area /or the , r,oses o/ this Part9d: D' nici,al areaI means the territorial area o/ a ' nici,ality as is noti/ied by the $overnor9e: D' nici,alityI means an instit tion o/ sel/3government constit ted nder article ;6<29/: DPanchayatI means a Panchayat constit ted nder article ;6<(-

9g: D,o, lationI means the ,o, lation as ascertained at the last ,receding cens s o/ 1hich the relevant /ig res have been , blished7 ;6<27 %onstit tion o/ ' nici,alities7894: There shall be constit ted in every !tate, 8 9a: a Nagar Panchayat 9by 1hatever name called: /or a transitional area, that is to say, an area in transition /rom a r ral area to an rban area9b: a ' nici,al %o ncil /or a smaller rban area- and 9c: a ' nici,al %or,oration /or a larger rban area, in accordance 1ith the ,rovisions o/ this Part* Provided that a ' nici,ality nder this cla se may not be constit ted in s ch rban area or ,art thereo/ as the $overnor may, having regard to the si)e o/ the area and the m nici,al services being ,rovided or ,ro,osed to be ,rovided by an ind strial establishment in that area and s ch other /actors as he may deem /it, by , blic noti/ication, s,eci/y to be an ind strial to1nshi,7 9;: In this article, Da transitional areaI, Da smaller rban areaI or Da larger rban areaI means s ch area as the $overnor may, having regard to the ,o, lation o/ the area, the density o/ the ,o, lation therein, the reven e generated /or local administration, the ,ercentage o/ em,loyment in non3agric lt ral activities, the economic im,ortance or s ch other /actors as he may deem /it, s,eci/y by , blic noti/ication /or the , r,oses o/ this Part7 ;6<#7 %om,osition o/ ' nici,alities7894: !ave as ,rovided in cla se 9;:, all the seats in a ' nici,ality shall be /illed by ,ersons chosen by direct election /rom the territorial constit encies in the ' nici,al area and /or this , r,ose each ' nici,al area shall be divided into territorial constit encies to be >no1n as 1ards7 9;: The Legislat re o/ a !tate may, by la1, ,rovide8 9a: /or the re,resentation in a ' nici,ality o/8 9i: ,ersons having s,ecial >no1ledge or e0,erience in ' nici,al administration9ii: the members o/ the Ho se o/ the Peo,le and the members o/ the Legislative Assembly o/ the !tate re,resenting constit encies 1hich com,rise 1holly or ,artly the ' nici,al area9iii: the members o/ the %o ncil o/ !tates and the members o/ the Legislative %o ncil o/ the !tate registered as electors 1ithin the ' nici,al area9iv: the %hair,ersons o/ the %ommittees constit ted nder cla se 9B: o/ article ;6<!* Provided that the ,ersons re/erred to in ,aragra,h 9i: shall not have the right to vote in the meetings o/ the ' nici,ality9b: the manner o/ election o/ the %hair,erson o/ a ' nici,ality7 ;6<!7 %onstit tion and com,osition o/ Wards %ommittees, etc7894: There shall be constit ted Wards %ommittees, consisting o/ one or more 1ards, 1ithin the territorial area o/ a ' nici,ality having a ,o, lation o/ three la>hs or more7 9;: The Legislat re o/ a !tate may, by la1, ma>e ,rovision 1ith res,ect to8 9a: the com,osition and the territorial area o/ a Wards %ommittee9b: the manner in 1hich the seats in a Wards %ommittee shall be /illed7 9<: A member o/ a ' nici,ality re,resenting a 1ard 1ithin the territorial area o/ the Wards %ommittee shall be a member o/ that %ommittee7 96: Where a Wards %ommittee consists o/8

9a: one 1ard, the member re,resenting that 1ard in the ' nici,ality- or 9b: t1o or more 1ards, one o/ the members re,resenting s ch 1ards in the ' nici,ality elected by the members o/ the Wards %ommittee, shall be the %hair,erson o/ that %ommittee7 9B: Nothing in this article shall be deemed to ,revent the Legislat re o/ a !tate /rom ma>ing any ,rovision /or the constit tion o/ %ommittees in addition to the Wards %ommittees7 ;6<T7 #eservation o/ seats7894: !eats shall be reserved /or the !ched led %astes and the !ched led Tribes in every ' nici,ality and the n mber o/ seats so reserved shall bear, as nearly as may be, the same ,ro,ortion to the total n mber o/ seats to be /illed by direct election in that ' nici,ality as the ,o, lation o/ the !ched led %astes in the ' nici,al area or o/ the !ched led Tribes in the ' nici,al area bears to the total ,o, lation o/ that area and s ch seats may be allotted by rotation to di//erent constit encies in a ' nici,ality7 9;: Not less than one3third o/ the total n mber o/ seats reserved nder cla se 94: shall be reserved /or 1omen belonging to the !ched led %astes or, as the case may be, the !ched led Tribes7 9<: Not less than one3third 9incl ding the n mber o/ seats reserved /or 1omen belonging to the !ched led %astes and the !ched led Tribes: o/ the total n mber o/ seats to be /illed by direct election in every ' nici,ality shall be reserved /or 1omen and s ch seats may be allotted by rotation to di//erent constit encies in a ' nici,ality7 96: The o//ices o/ %hair,ersons in the ' nici,alities shall be reserved /or the !ched led %astes, the !ched led Tribes and 1omen in s ch manner as the Legislat re o/ a !tate may, by la1, ,rovide7 9B: The reservation o/ seats nder cla ses 94: and 9;: and the reservation o/ o//ices o/ %hair,ersons 9other than the reservation /or 1omen: nder cla se 96: shall cease to have e//ect on the e0,iration o/ the ,eriod s,eci/ied in article <<67 9C: Nothing in this Part shall ,revent the Legislat re o/ a !tate /rom ma>ing any ,rovision /or reservation o/ seats in any ' nici,ality or o//ices o/ %hair,ersons in the ' nici,alities in /avo r o/ bac>1ard class o/ citi)ens7 ;6<&7 D ration o/ ' nici,alities, etc7894: Every ' nici,ality, nless sooner dissolved nder any la1 /or the time being in /orce, shall contin e /or /ive years /rom the date a,,ointed /or its /irst meeting and no longer* Provided that a ' nici,ality shall be given a reasonable o,,ort nity o/ being heard be/ore its dissol tion7 9;: No amendment o/ any la1 /or the time being in /orce shall have the e//ect o/ ca sing dissol tion o/ a ' nici,ality at any level, 1hich is / nctioning immediately be/ore s ch amendment, till the e0,iration o/ its d ration s,eci/ied in cla se 94:7 9<: An election to constit te a ' nici,ality shall be com,leted,8 9a: be/ore the e0,iry o/ its d ration s,eci/ied in cla se 94:9b: be/ore the e0,iration o/ a ,eriod o/ si0 months /rom the date o/ its dissol tion* Provided that 1here the remainder o/ the ,eriod /or 1hich the dissolved ' nici,ality 1o ld have contin ed is less than si0 months, it shall not be necessary to hold any election nder this cla se /or constit ting the ' nici,ality /or s ch ,eriod7

96: A ' nici,ality constit ted ,on the dissol tion o/ a ' nici,ality be/ore the e0,iration o/ its d ration shall contin e only /or the remainder o/ the ,eriod /or 1hich the dissolved ' nici,ality 1o ld have contin ed nder cla se 94: had it not been so dissolved7 ;6<"7 Dis= ali/ications /or membershi,7894: A ,erson shall be dis= ali/ied /or being chosen as, and /or being, a member o/ a ' nici,ality8 9a: i/ he is so dis= ali/ied by or nder any la1 /or the time being in /orce /or the , r,oses o/ elections to the Legislat re o/ the !tate concerned* Provided that no ,erson shall be dis= ali/ied on the gro nd that he is less than t1enty3/ive years o/ age, i/ he has attained the age o/ t1enty3one years9b: i/ he is so dis= ali/ied by or nder any la1 made by the Legislat re o/ the !tate7 9;: I/ any = estion arises as to 1hether a member o/ a ' nici,ality has become s bHect to any o/ the dis= ali/ications mentioned in cla se 94:, the = estion shall be re/erred /or the decision o/ s ch a thority and in s ch manner as the Legislat re o/ a !tate may, by la1, ,rovide7 ;6<W7 Po1ers, a thority and res,onsibilities o/ ' nici,alities, etc78! bHect to the ,rovisions o/ this %onstit tion, the Legislat re o/ a !tate may, by la1, endo18 9a: the ' nici,alities 1ith s ch ,o1ers and a thority as may be necessary to enable them to / nction as instit tions o/ sel/3government and s ch la1 may contain ,rovisions /or the devol tion o/ ,o1ers and res,onsibilities ,on ' nici,alities, s bHect to s ch conditions as may be s,eci/ied therein, 1ith res,ect to8 9i: the ,re,aration o/ ,lans /or economic develo,ment and social H stice9ii: the ,er/ormance o/ / nctions and the im,lementation o/ schemes as may be entr sted to them incl ding those in relation to the matters listed in the T1el/th !ched le9b: the %ommittees 1ith s ch ,o1ers and a thority as may be necessary to enable them to carry o t the res,onsibilities con/erred ,on them incl ding those in relation to the matters listed in the T1el/th !ched le7 ;6<O7 Po1er to im,ose ta0es by, and F nds o/, the ' nici,alities78The Legislat re o/ a !tate may, by la1,8 9a: a thorise a ' nici,ality to levy, collect and a,,ro,riate s ch ta0es, d ties, tolls and /ees in accordance 1ith s ch ,roced re and s bHect to s ch limits9b: assign to a ' nici,ality s ch ta0es, d ties, tolls and /ees levied and collected by the !tate $overnment /or s ch , r,oses and s bHect to s ch conditions and limits9c: ,rovide /or ma>ing s ch grants3in3aid to the ' nici,alities /rom the %onsolidated F nd o/ the !tate- and 9d: ,rovide /or constit tion o/ s ch F nds /or crediting all moneys received, res,ectively, by or on behal/ o/ the ' nici,alities and also /or the 1ithdra1al o/ s ch moneys there/rom, as may be s,eci/ied in the la17 ;6<.7 Finance %ommission7894: The Finance %ommission constit ted nder article ;6<3I shall also revie1 the /inancial ,osition o/ the ' nici,alities and ma>e recommendations to the $overnor as to8 9a: the ,rinci,les 1hich sho ld govern8 9i: the distrib tion bet1een the !tate and the ' nici,alities o/ the net ,roceeds o/ the

ta0es, d ties, tolls and /ees leviable by the !tate, 1hich may be divided bet1een them nder this Part and the allocation bet1een the ' nici,alities at all levels o/ their res,ective shares o/ s ch ,roceeds9ii: the determination o/ the ta0es, d ties, tolls and /ees 1hich may be assigned to, or a,,ro,riated by, the ' nici,alities9iii: the grants3in3aid to the ' nici,alities /rom the %onsolidated F nd o/ the !tate9b: the meas res needed to im,rove the /inancial ,osition o/ the ' nici,alities9c: any other matter re/erred to the Finance %ommission by the $overnor in the interests o/ so nd /inance o/ the ' nici,alities7 9;: The $overnor shall ca se every recommendation made by the %ommission nder this article together 1ith an e0,lanatory memorand m as to the action ta>en thereon to be laid be/ore the Legislat re o/ the !tate7 ;6<Q7 A dit o/ acco nts o/ ' nici,alities78The Legislat re o/ a !tate may, by la1, ma>e ,rovisions 1ith res,ect to the maintenance o/ acco nts by the ' nici,alities and the a diting o/ s ch acco nts7 ;6<QA7 Elections to the ' nici,alities7894: The s ,erintendence, direction and control o/ the ,re,aration o/ electoral rolls /or, and the cond ct o/, all elections to the ' nici,alities shall be vested in the !tate Election %ommission re/erred to in article ;6<L7 9;: ! bHect to the ,rovisions o/ this %onstit tion, the Legislat re o/ a !tate may, by la1, ma>e ,rovision 1ith res,ect to all matters relating to, or in connection 1ith, elections to the ' nici,alities7 ;6<Q(7 A,,lication to &nion territories78The ,rovisions o/ this Part shall a,,ly to the &nion territories and shall, in their a,,lication to a &nion territory, have e//ect as i/ the re/erences to the $overnor o/ a !tate 1ere re/erences to the Administrator o/ the &nion territory a,,ointed nder article ;<5 and re/erences to the Legislat re or the Legislative Assembly o/ a !tate 1ere re/erences in relation to a &nion territory having a Legislative Assembly, to that Legislative Assembly* Provided that the President may, by , blic noti/ication, direct that the ,rovisions o/ this Part shall a,,ly to any &nion territory or ,art thereo/ s bHect to s ch e0ce,tions and modi/ications as he may s,eci/y in the noti/ication7 ;6<Q%7 Part not to a,,ly to certain areas7894: Nothing in this Part shall a,,ly to the !ched led Areas re/erred to in cla se 94:, and the tribal areas re/erred to in cla se 9;:, o/ article ;667 9;: Nothing in this Part shall be constr ed to a//ect the / nctions and ,o1ers o/ the DarHeeling $or>ha Hill %o ncil constit ted nder any la1 /or the time being in /orce /or the hill areas o/ the district o/ DarHeeling in the !tate o/ West (engal7 9<: Not1ithstanding anything in this %onstit tion, Parliament may, by la1, e0tend the ,rovisions o/ this Part to the !ched led Areas and the tribal areas re/erred to in cla se 94: s bHect to s ch e0ce,tions and modi/ications as may be s,eci/ied in s ch la1, and no s ch la1 shall be deemed to be an amendment o/ this %onstit tion /or the , r,oses o/ article <CF7 ;6<QD7 %ommittee /or district ,lanning7894: There shall be constit ted in every !tate at the district level a District Planning %ommittee to consolidate the ,lans ,re,ared by the Panchayats and the ' nici,alities in the district and to ,re,are a

dra/t develo,ment ,lan /or the district as a 1hole7 9;: The Legislat re o/ a !tate may, by la1, ma>e ,rovision 1ith res,ect to8 9a: the com,osition o/ the District Planning %ommittees9b: the manner in 1hich the seats in s ch %ommittees shall be /illed* Provided that not less than /o r3/i/ths o/ the total n mber o/ members o/ s ch %ommittee shall be elected by, and /rom amongst, the elected members o/ the Panchayat at the district level and o/ the ' nici,alities in the district in ,ro,ortion to the ratio bet1een the ,o, lation o/ the r ral areas and o/ the rban areas in the district9c: the / nctions relating to district ,lanning 1hich may be assigned to s ch %ommittees9d: the manner in 1hich the %hair,ersons o/ s ch %ommittees shall be chosen7 9<: Every District Planning %ommittee shall, in ,re,aring the dra/t develo,ment ,lan, 8 9a: have regard to8 9i: matters o/ common interest bet1een the Panchayats and the ' nici,alities incl ding s,atial ,lanning, sharing o/ 1ater and other ,hysical and nat ral reso rces, the integrated develo,ment o/ in/rastr ct re and environmental conservation9ii: the e0tent and ty,e o/ available reso rces 1hether /inancial or other1ise9b: cons lt s ch instit tions and organisations as the $overnor may, by order, s,eci/y7 96: The %hair,erson o/ every District Planning %ommittee shall /or1ard the develo,ment ,lan, as recommended by s ch %ommittee, to the $overnment o/ the !tate7 ;6<QE7 %ommittee /or 'etro,olitan ,lanning7894: There shall be constit ted in every 'etro,olitan area a 'etro,olitan Planning %ommittee to ,re,are a dra/t develo,ment ,lan /or the 'etro,olitan area as a 1hole7 9;: The Legislat re o/ a !tate may, by la1, ma>e ,rovision 1ith res,ect to8 9a: the com,osition o/ the 'etro,olitan Planning %ommittees9b: the manner in 1hich the seats in s ch %ommittees shall be /illed* Provided that not less than t1o3thirds o/ the members o/ s ch %ommittee shall be elected by, and /rom amongst, the elected members o/ the ' nici,alities and %hair,ersons o/ the Panchayats in the 'etro,olitan area in ,ro,ortion to the ratio bet1een the ,o, lation o/ the ' nici,alities and o/ the Panchayats in that area9c: the re,resentation in s ch %ommittees o/ the $overnment o/ India and the $overnment o/ the !tate and o/ s ch organisations and Instit tions as may be deemed necessary /or carrying o t the / nctions assigned to s ch %ommittees9d: the / nctions relating to ,lanning and coordination /or the 'etro,olitan area 1hich may be assigned to s ch %ommittees9e: the manner in 1hich the %hair,ersons o/ s ch %ommittees shall be chosen7 9<: Every 'etro,olitan Planning %ommittee shall, in ,re,aring the dra/t develo,ment ,lan,8 9a: have regard to8 9i: the ,lans ,re,ared by the ' nici,alities and the Panchayats in the 'etro,olitan area-

9ii: matters o/ common interest bet1een the ' nici,alities and the Panchayats, incl ding co3ordinated s,atial ,lanning o/ the area, sharing o/ 1ater and other ,hysical and nat ral reso rces, the integrated develo,ment o/ in/rastr ct re and environmental conservation9iii: the overall obHectives and ,riorities set by the $overnment o/ India and the $overnment o/ the !tate9iv: the e0tent and nat re o/ investments li>ely to be made in the 'etro,olitan area by agencies o/ the $overnment o/ India and o/ the $overnment o/ the !tate and other available reso rces 1hether /inancial or other1ise9b: cons lt s ch instit tions and organisations as the $overnor may, by order, s,eci/y7 96: The %hair,erson o/ every 'etro,olitan Planning %ommittee shall /or1ard the develo,ment ,lan, as recommended by s ch %ommittee, to the $overnment o/ the !tate7 ;6<QF7 %ontin ance o/ e0isting la1s and ' nici,alities78Not1ithstanding anything in this Part, any ,rovision o/ any la1 relating to ' nici,alities in /orce in a !tate immediately be/ore the commencement o/ the %onstit tion 9!eventy3/o rth Amendment: Act, 455;, 1hich is inconsistent 1ith the ,rovisions o/ this Part, shall contin e to be in /orce ntil amended or re,ealed by a com,etent Legislat re or other com,etent a thority or ntil the e0,iration o/ one year /rom s ch commencement, 1hichever is earlier* Provided that all the ' nici,alities e0isting immediately be/ore s ch commencement shall contin e till the e0,iration o/ their d ration, nless sooner dissolved by a resol tion ,assed to that e//ect by the Legislative Assembly o/ that !tate or, in the case o/ a !tate having a Legislative %o ncil, by each Ho se o/ the Legislat re o/ that !tate7 ;6<Q$7 (ar to inter/erence by co rts in electoral matters78Not1ithstanding anything in this %onstit tion,8 9a: the validity o/ any la1 relating to the delimitation o/ constit encies or the allotment o/ seats to s ch constit encies, made or , r,orting to be made nder article ;6<QA shall not be called in = estion in any co rt9b: no election to any ' nici,ality shall be called in = estion e0ce,t by an election ,etition ,resented to s ch a thority and in s ch manner as is ,rovided /or by or nder any la1 made by the Legislat re o/ a !tate7

PART X THE SCHEDULED AND TRIBAL AREAS


;667 Administration o/ !ched led Areas and tribal areas7894: The ,rovisions o/ the Fi/th !ched le shall a,,ly to the administration and control o/ the !ched led Areas and !ched led Tribes in any !tate other than the !tates o/ Assam, 'eghalaya, Tri, ra and 'i)oram7 9;: The ,rovisions o/ the !i0th !ched le shall a,,ly to the administration o/ the tribal areas in the !tates o/ Assam, 'eghalaya, Tri, ra and 'i)oram7 ;66A7 Formation o/ an a tonomo s !tate com,rising certain tribal areas in Assam and creation o/ local Legislat re or %o ncil o/ 'inisters or both there/or7894:

Not1ithstanding anything in this %onstit tion, Parliament may, by la1, /orm 1ithin the !tate o/ Assam an a tonomo s !tate com,rising 91hether 1holly or in ,art: all or any o/ the tribal areas s,eci/ied in Part I o/ the table a,,ended to ,aragra,h ;G o/ the !i0th !ched le and create there/or8 9a: a body, 1hether elected or ,artly nominated and ,artly elected, to / nction as a Legislat re /or the a tonomo s !tate, or 9b: a %o ncil o/ 'inisters, or both 1ith s ch constit tion, ,o1ers and / nctions, in each case, as may be s,eci/ied in the la17 9;: Any s ch la1 as is re/erred to in cla se 94: may, in ,artic lar,8 9a: s,eci/y the matters en merated in the !tate List or the %onc rrent List 1ith res,ect to 1hich the Legislat re o/ the a tonomo s !tate shall have ,o1er to ma>e la1s /or the 1hole or any ,art thereo/, 1hether to the e0cl sion o/ the Legislat re o/ the !tate o/ Assam or other1ise9b: de/ine the matters 1ith res,ect to 1hich the e0ec tive ,o1er o/ the a tonomo s !tate shall e0tend9c: ,rovide that any ta0 levied by the !tate o/ Assam shall be assigned to the a tonomo s !tate in so /ar as the ,roceeds thereo/ are attrib table to the a tonomo s !tate9d: ,rovide that any re/erence to a !tate in any article o/ this %onstit tion shall be constr ed as incl ding a re/erence to the a tonomo s !tate- and 9e: ma>e s ch s ,,lemental, incidental and conse= ential ,rovisions as may be deemed necessary7 9<: An amendment o/ any s ch la1 as a/oresaid in so /ar as s ch amendment relates to any o/ the matters s,eci/ied in s b3cla se 9a: or s b3cla se 9b: o/ cla se 9;: shall have no e//ect nless the amendment is ,assed in each Ho se o/ Parliament by not less than t1o3thirds o/ the members ,resent and voting7 96: Any s ch la1 as is re/erred to in this article shall not be deemed to be an amendment o/ this %onstit tion /or the , r,oses o/ article <CF not1ithstanding that it contains any ,rovision 1hich amends or has the e//ect o/ amending this %onstit tion7

PART XI RELATIONS BETWEEN THE UNION AND THE STATES


%ha,ter I78Legislative #elations Distrib tion o/ Legislative Po1ers ;6B7 E0tent o/ la1s made by Parliament and by the Legislat res o/ !tates7894: ! bHect to the ,rovisions o/ this %onstit tion, Parliament may ma>e la1s /or the 1hole or any ,art o/ the territory o/ India, and the Legislat re o/ a !tate may ma>e la1s /or the 1hole or any ,art o/ the !tate7 9;: No la1 made by Parliament shall be deemed to be invalid on the gro nd that it 1o ld have e0tra3territorial o,eration7 ;6C7 ! bHect3matter o/ la1s made by Parliament and by the Legislat res o/ !tates78 94: Not1ithstanding anything in cla ses 9;: and 9<:, Parliament has e0cl sive ,o1er to ma>e la1s 1ith res,ect to any o/ the matters en merated in List I in the !eventh !ched le 9in this %onstit tion re/erred to as the D&nion ListI:7

9;: Not1ithstanding anything in cla se 9<:, Parliament, and, s bHect to cla se 94:, the Legislat re o/ any !tate also, have ,o1er to ma>e la1s 1ith res,ect to any o/ the matters en merated in List III in the !eventh !ched le 9in this %onstit tion re/erred to as the D%onc rrent ListI:7 9<: ! bHect to cla ses 94: and 9;:, the Legislat re o/ any !tate has e0cl sive ,o1er to ma>e la1s /or s ch !tate or any ,art thereo/ 1ith res,ect to any o/ the matters en merated in List II in the !eventh !ched le 9in this %onstit tion re/erred to as the D!tate ListIN:7 96: Parliament has ,o1er to ma>e la1s 1ith res,ect to any matter /or any ,art o/ the territory o/ India not incl ded in a !tate not1ithstanding that s ch matter is a matter en merated in the !tate List7 ;6A7 Po1er o/ Parliament to ,rovide /or the establishment o/ certain additional co rts78Not1ithstanding anything in this %ha,ter, Parliament may by la1 ,rovide /or the establishment o/ any additional co rts /or the better administration o/ la1s made by Parliament or o/ any e0isting la1s 1ith res,ect to a matter en merated in the &nion List7 ;6F7 #esid ary ,o1ers o/ legislation7894: Parliament has e0cl sive ,o1er to ma>e any la1 1ith res,ect to any matter not en merated in the %onc rrent List or !tate List7 9;: ! ch ,o1er shall incl de the ,o1er o/ ma>ing any la1 im,osing a ta0 not mentioned in either o/ those Lists7 ;657 Po1er o/ Parliament to legislate 1ith res,ect to a matter in the !tate List in the national interest7894: Not1ithstanding anything in the /oregoing ,rovisions o/ this %ha,ter, i/ the %o ncil o/ !tates has declared by resol tion s ,,orted by not less than t1o3thirds o/ the members ,resent and voting that it is necessary or e0,edient in the national interest that Parliament sho ld ma>e la1s 1ith res,ect to any matter en merated in the !tate List s,eci/ied in the resol tion, it shall be la1/ l /or Parliament to ma>e la1s /or the 1hole or any ,art o/ the territory o/ India 1ith res,ect to that matter 1hile the resol tion remains in /orce7 9;: A resol tion ,assed nder cla se 94: shall remain in /orce /or s ch ,eriod not e0ceeding one year as may be s,eci/ied therein* Provided that, i/ and so o/ten as a resol tion a,,roving the contin ance in /orce o/ any s ch resol tion is ,assed in the manner ,rovided in cla se 94:, s ch resol tion shall contin e in /orce /or a / rther ,eriod o/ one year /rom the date on 1hich nder this cla se it 1o ld other1ise have ceased to be in /orce7 9<: A la1 made by Parliament 1hich Parliament 1o ld not b t /or the ,assing o/ a resol tion nder cla se 94: have been com,etent to ma>e shall, to the e0tent o/ the incom,etency, cease to have e//ect on the e0,iration o/ a ,eriod o/ si0 months a/ter the resol tion has ceased to be in /orce, e0ce,t as res,ects things done or omitted to be done be/ore the e0,iration o/ the said ,eriod7 ;BG7 Po1er o/ Parliament to legislate 1ith res,ect to any matter in the !tate List i/ a Proclamation o/ Emergency is in o,eration7894: Not1ithstanding anything in this %ha,ter, Parliament shall, 1hile a Proclamation o/ Emergency is in o,eration, have ,o1er to ma>e la1s /or the 1hole or any ,art o/ the territory o/ India 1ith res,ect to any o/ the matters en merated in the !tate List7

9;: A la1 made by Parliament 1hich Parliament 1o ld not b t /or the iss e o/ a Proclamation o/ Emergency have been com,etent to ma>e shall, to the e0tent o/ the incom,etency, cease to have e//ect on the e0,iration o/ a ,eriod o/ si0 months a/ter the Proclamation has ceased to o,erate, e0ce,t as res,ects things done or omitted to be done be/ore the e0,iration o/ the said ,eriod7 ;B47 Inconsistency bet1een la1s made by Parliament nder articles ;65 and ;BG and la1s made by the Legislat res o/ !tates78Nothing in articles ;65 and ;BG shall restrict the ,o1er o/ the Legislat re o/ a !tate to ma>e any la1 1hich nder this %onstit tion it has ,o1er to ma>e, b t i/ any ,rovision o/ a la1 made by the Legislat re o/ a !tate is re, gnant to any ,rovision o/ a la1 made by Parliament 1hich Parliament has nder either o/ the said articles ,o1er to ma>e, the la1 made by Parliament, 1hether ,assed be/ore or a/ter the la1 made by the Legislat re o/ the !tate, shall ,revail, and the la1 made by the Legislat re o/ the !tate shall to the e0tent o/ the re, gnancy, b t so long only as the la1 made by Parliament contin es to have e//ect, be ino,erative7 ;B;7 Po1er o/ Parliament to legislate /or t1o or more !tates by consent and ado,tion o/ s ch legislation by any other !tate7894: I/ it a,,ears to the Legislat res o/ t1o or more !tates to be desirable that any o/ the matters 1ith res,ect to 1hich Parliament has no ,o1er to ma>e la1s /or the !tates e0ce,t as ,rovided in articles ;65 and ;BG sho ld be reg lated in s ch !tates by Parliament by la1, and i/ resol tions to that e//ect are ,assed by all the Ho ses o/ the Legislat res o/ those !tates, it shall be la1/ l /or Parliament to ,ass an act /or reg lating that matter accordingly, and any Act so ,assed shall a,,ly to s ch !tates and to any other !tate by 1hich it is ado,ted a/ter1ards by resol tion ,assed in that behal/ by the Ho se or, 1here there are t1o Ho ses, by each o/ the Ho ses o/ the Legislat re o/ that !tate7 9;: Any Act so ,assed by Parliament may be amended or re,ealed by an Act o/ Parliament ,assed or ado,ted in li>e manner b t shall not, as res,ects any !tate to 1hich it a,,lies, be amended or re,ealed by an Act o/ the Legislat re o/ that !tate7 ;B<7 Legislation /or giving e//ect to international agreements78Not1ithstanding anything in the /oregoing ,rovisions o/ this %ha,ter, Parliament has ,o1er to ma>e any la1 /or the 1hole or any ,art o/ the territory o/ India /or im,lementing any treaty, agreement or convention 1ith any other co ntry or co ntries or any decision made at any international con/erence, association or other body7 ;B67 Inconsistency bet1een la1s made by Parliament and la1s made by the Legislat res o/ !tates7894: I/ any ,rovision o/ a la1 made by the Legislat re o/ a !tate is re, gnant to any ,rovision o/ a la1 made by Parliament 1hich Parliament is com,etent to enact, or to any ,rovision o/ an e0isting la1 1ith res,ect to one o/ the matters en merated in the %onc rrent List, then, s bHect to the ,rovisions o/ cla se 9;:, the la1 made by Parliament, 1hether ,assed be/ore or a/ter the la1 made by the Legislat re o/ s ch !tate, or, as the case may be, the e0isting la1, shall ,revail and the la1 made by the Legislat re o/ the !tate shall, to the e0tent o/ the re, gnancy, be void7 9;: Where a la1 made by the Legislat re o/ a !tate 1ith res,ect to one o/ the matters en merated in the %onc rrent List contains any ,rovision re, gnant to the ,rovisions o/ an earlier la1 made by Parliament or an e0isting la1 1ith res,ect to that matter,

then, the la1 so made by the Legislat re o/ s ch !tate shall, i/ it has been reserved /or the consideration o/ the President and has received his assent, ,revail in that !tate* Provided that nothing in this cla se shall ,revent Parliament /rom enacting at any time any la1 1ith res,ect to the same matter incl ding a la1 adding to, amending, varying or re,ealing the la1 so made by the Legislat re o/ the !tate7 ;BB7 #e= irements as to recommendations and ,revio s sanctions to be regarded as matters o/ ,roced re only78No Act o/ Parliament or o/ the Legislat re o/ a !tate, and no ,rovision in any s ch Act, shall be invalid by reason only that some recommendation or ,revio s sanction re= ired by this %onstit tion 1as not given, i/ assent to that Act 1as given8 9a: 1here the recommendation re= ired 1as that o/ the $overnor, either by the $overnor or by the President9b: 1here the recommendation re= ired 1as that o/ the #aH,ram >h, either by the #aH,ram >h or by the President9c: 1here the recommendation or ,revio s sanction re= ired 1as that o/ the President, by the President7 %ha,ter II78Administrative #elations $eneral ;BC7 Obligation o/ !tates and the &nion78The e0ec tive ,o1er o/ every !tate shall be so e0ercised as to ens re com,liance 1ith the la1s made by Parliament and any e0isting la1s 1hich a,,ly in that !tate, and the e0ec tive ,o1er o/ the &nion shall e0tend to the giving o/ s ch directions to a !tate as may a,,ear to the $overnment o/ India to be necessary /or that , r,ose7 ;BA7 %ontrol o/ the &nion over !tates in certain cases7894: The e0ec tive ,o1er o/ every !tate shall be so e0ercised as not to im,ede or ,reH dice the e0ercise o/ the e0ec tive ,o1er o/ the &nion, and the e0ec tive ,o1er o/ the &nion shall e0tend to the giving o/ s ch directions to a !tate as may a,,ear to the $overnment o/ India to be necessary /or that , r,ose7 9;: The e0ec tive ,o1er o/ the &nion shall also e0tend to the giving o/ directions to a !tate as to the constr ction and maintenance o/ means o/ comm nication declared in the direction to be o/ national or military im,ortance* Provided that nothing in this cla se shall be ta>en as restricting the ,o1er o/ Parliament to declare high1ays or 1ater1ays to be national high1ays or national 1ater1ays or the ,o1er o/ the &nion 1ith res,ect to the high1ays or 1ater1ays so declared or the ,o1er o/ the &nion to constr ct and maintain means o/ comm nication as ,art o/ its / nctions 1ith res,ect to naval, military and air /orce 1or>s7 9<: The e0ec tive ,o1er o/ the &nion shall also e0tend to the giving o/ directions to a !tate as to the meas res to be ta>en /or the ,rotection o/ the rail1ays 1ithin the !tate7 96: Where in carrying o t any direction given to a !tate nder cla se 9;: as to the constr ction or maintenance o/ any means o/ comm nication or nder cla se 9<: as to the meas res to be ta>en /or the ,rotection o/ any rail1ay, costs have been inc rred in e0cess o/ those 1hich 1o ld have been inc rred in the discharge o/ the normal d ties o/ the !tate i/ s ch direction had not been given, there shall be ,aid by the $overnment o/ India to the !tate s ch s m as may be agreed, or, in de/a lt o/

agreement, as may be determined by an arbitrator a,,ointed by the %hie/ + stice o/ India, in res,ect o/ the e0tra costs so inc rred by the !tate7 ;BAA7 ?Assistance to !tates by de,loyment o/ armed /orces or other /orces o/ the &nion7@ #e,7 by the %onstit tion 9Forty3/o rth Amendment: Act, 45AF, s7 << 917e7/7 ;G3C345A5:7 ;BF7 Po1er o/ the &nion to con/er ,o1ers, etc7, on !tates in certain cases7894: Not1ithstanding anything in this %onstit tion, the President may, 1ith the consent o/ the $overnment o/ a !tate, entr st either conditionally or nconditionally to that $overnment or to its o//icers / nctions in relation to any matter to 1hich the e0ec tive ,o1er o/ the &nion e0tends7 9;: A la1 made by Parliament 1hich a,,lies in any !tate may, not1ithstanding that it relates to a matter 1ith res,ect to 1hich the Legislat re o/ the !tate has no ,o1er to ma>e la1s, con/er ,o1ers and im,ose d ties, or a thorise the con/erring o/ ,o1ers and the im,osition o/ d ties, ,on the !tate or o//icers and a thorities thereo/7 9<: Where by virt e o/ this article ,o1ers and d ties have been con/erred or im,osed ,on a !tate or o//icers or a thorities thereo/, there shall be ,aid by the $overnment o/ India to the !tate s ch s m as may be agreed, or, in de/a lt o/ agreement, as may be determined by an arbitrator a,,ointed by the %hie/ + stice o/ India, in res,ect o/ any e0tra costs o/ administration inc rred by the !tate in connection 1ith the e0ercise o/ those ,o1ers and d ties7 ;BFA7 Po1er o/ the !tates to entr st / nctions to the &nion78Not1ithstanding anything in this %onstit tion, the $overnor o/ a !tate may, 1ith the consent o/ the $overnment o/ India, entr st either conditionally or nconditionally to that $overnment or to its o//icers / nctions in relation to any matter to 1hich the e0ec tive ,o1er o/ the !tate e0tends7 ;B57 ?Armed Forces in !tates in Part ( o/ the First !ched le7@ #e,7 by the %onstit tion 9!eventh Amendment: Act, 45BC, s7 ;5 and !ch7 ;CG7 + risdiction o/ the &nion in relation to territories o tside India78The $overnment o/ India may by agreement 1ith the $overnment o/ any territory not being ,art o/ the territory o/ India nderta>e any e0ec tive, legislative or H dicial / nctions vested in the $overnment o/ s ch territory, b t every s ch agreement shall be s bHect to, and governed by, any la1 relating to the e0ercise o/ /oreign H risdiction /or the time being in /orce7 ;C47 P blic acts, records and H dicial ,roceedings7894: F ll /aith and credit shall be given thro gho t the territory o/ India to , blic acts, records and H dicial ,roceedings o/ the &nion and o/ every !tate7 9;: The manner in 1hich and the conditions nder 1hich the acts, records and ,roceedings re/erred to in cla se 94: shall be ,roved and the e//ect thereo/ determined shall be as ,rovided by la1 made by Parliament7 9<: Final H dgments or orders delivered or ,assed by civil co rts in any ,art o/ the territory o/ India shall be ca,able o/ e0ec tion any1here 1ithin that territory according to la17 Dis, tes relating to Waters ;C;7 AdH dication o/ dis, tes relating to 1aters o/ inter3!tate rivers or river valleys7

894: Parliament may by la1 ,rovide /or the adH dication o/ any dis, te or com,laint 1ith res,ect to the se, distrib tion or control o/ the 1aters o/, or in, any inter3!tate river or river valley7 9;: Not1ithstanding anything in this %onstit tion, Parliament may be la1 ,rovide that neither the ! ,reme %o rt nor any other co rt shall e0ercise H risdiction in res,ect o/ any s ch dis, te or com,laint as is re/erred to in cla se 94:7 %o3ordination bet1een !tates ;C<7 Provisions 1ith res,ect to an inter3!tate %o ncil78I/ at any time it a,,ears to the President that the , blic interests 1o ld be served by the establishment o/ a %o ncil charged 1ith the d ty o/8 9a: in= iring into and advising ,on dis, tes 1hich may have arisen bet1een !tates9b: investigating and disc ssing s bHects in 1hich some or all o/ the !tates, or the &nion and one or more o/ the !tates, have a common interest- or 9c: ma>ing recommendations ,on any s ch s bHect and, in ,artic lar, recommendations /or the better co3ordination o/ ,olicy and action 1ith res,ect to that s bHect, it shall be la1/ l /or the President by order to establish s ch a %o ncil, and to de/ine the nat re o/ the d ties to be ,er/ormed by it and its organisation and ,roced re7

PART XII FINANCE, PROPERTY, CONTRACTS AND SUITS


%ha,ter I78Finance $eneral ;C67 Inter,retation78In this Part, DFinance %ommissionI means a Finance %ommission constit ted nder article ;FG7 ;CB7 Ta0es not to be im,osed save by a thority o/ la178No ta0 shall be levied or collected e0ce,t by a thority o/ la17 ;CC7 %onsolidated F nds and , blic acco nts o/ India and o/ the !tates7894: ! bHect to the ,rovisions o/ article ;CA and to the ,rovisions o/ this %ha,ter 1ith res,ect to the assignment o/ the 1hole or ,art o/ the net ,roceeds o/ certain ta0es and d ties to !tates, all reven es received by the $overnment o/ India, all loans raised by that $overnment by the iss e o/ treas ry bills, loans or 1ays and means advances and all moneys received by that $overnment in re,ayment o/ loans shall /orm one consolidated / nd to be entitled Dthe %onsolidated F nd o/ IndiaI, and all reven es received by the $overnment o/ a !tate, all loans raised by that $overnment by the iss e o/ treas ry bills, loans or 1ays and means advances and all moneys received by that $overnment in re,ayment o/ loans shall /orm one consolidated / nd to be entitled Dthe %onsolidated F nd o/ the !tateI7 9;: All other , blic moneys received by or on behal/ o/ the $overnment o/ India or the $overnment o/ a !tate shall be credited to the , blic acco nt o/ India or the , blic acco nt o/ the !tate, as the case may be7 9<: No moneys o t o/ the %onsolidated F nd o/ India or the %onsolidated F nd o/ a !tate shall be a,,ro,riated e0ce,t in accordance 1ith la1 and /or the , r,oses and in the manner ,rovided in this %onstit tion7 ;CA7 %ontingency F nd7894: Parliament may by la1 establish a %ontingency F nd

in the nat re o/ an im,rest to be entitled Dthe %ontingency F nd o/ IndiaI into 1hich shall be ,aid /rom time to time s ch s ms as may be determined by s ch la1, and the said F nd shall be ,laced at the dis,osal o/ the President to enable advances to be made by him o t o/ s ch F nd /or the , r,oses o/ meeting n/oreseen e0,endit re ,ending a thorisation o/ s ch e0,endit re by Parliament by la1 nder article 44B or article 44C7 9;: The Legislat re o/ a !tate may by la1 establish a %ontingency F nd in the nat re o/ an im,rest to be entitled Dthe %ontingency F nd o/ the !tateI into 1hich shall be ,aid /rom time to time s ch s ms as may be determined by s ch la1, and the said F nd shall be ,laced at the dis,osal o/ the $overnor o/ the !tate to enable advances to be made by him o t o/ s ch F nd /or the , r,oses o/ meeting n/oreseen e0,endit re ,ending a thorisation o/ s ch e0,endit re by the Legislat re o/ the !tate by la1 nder article ;GB or article ;GC7 Distrib tion o/ #even es bet1een the &nion and the !tates ;CF7 D ties levied by the &nion b t collected and a,,ro,riated by the !tates7894: ! ch stam, d ties and s ch d ties o/ e0cise on medicinal and toilet ,re,arations as are mentioned in the &nion List shall be levied by the $overnment o/ India b t shall be collected8 9a: in the case 1here s ch d ties are leviable 1ithin any &nion territory, by the $overnment o/ India, and 9b: in other cases, by the !tates 1ithin 1hich s ch d ties are res,ectively leviable7 9;: The ,roceeds in any /inancial year o/ any s ch d ty leviable 1ithin any !tate shall not /orm ,art o/ the %onsolidated F nd o/ India, b t shall be assigned to that !tate7 ;C57 Ta0es levied and collected by the &nion b t assigned to the !tates7894: Ta0es on the sale or , rchase o/ goods and ta0es on the consignment o/ goods shall be levied and collected by the $overnment o/ India b t shall be assigned and shall be deemed to have been assigned to the !tates on or a/ter the 4st day o/ A,ril, 455C in the manner ,rovided in cla se 9;:7 E0,lanation78For the , r,oses o/ this cla se,3 9a: the e0,ression Mta0es on the sale or , rchase o/ goodsM shall mean ta0es on sale or , rchase o/ goods other than ne1s,a,ers, 1here s ch sale or , rchase ta>es ,lace in the co rse o/ inter3!tate trade or commerce9b: the e0,ression Mta0es on the consignment o/ goodsM shall mean ta0es on the consignment o/ goods 91hether the consignment is to the ,erson ma>ing it or to any other ,erson:, 1here s ch consignment ta>es ,lace in the co rse o/ inter3!tate trade or commerce7 9;: The net ,roceeds in any /inancial year o/ any s ch ta0, e0ce,t in so /ar as those ,roceeds re,resent ,roceeds attrib table to &nion territories, shall not /orm ,art o/ the %onsolidated F nd o/ India, b t shall be assigned to the !tates 1ithin 1hich that ta0 is leviable in that year, and shall be distrib ted among those !tates in accordance 1ith s ch ,rinci,les o/ distrib tion as may be /orm lated by Parliament by la17 9<: Parliament may by la1 /orm late ,rinci,les /or determining 1hen a sale or , rchase o/, or consignment o/, goods ta>es ,lace in the co rse o/ inter3!tate trade or commerce7 ;AG7 Ta0es levied and distrib ted bet1een the &nion and the !tates7894: All ta0es

and d ties re/erred to in the &nion List, e0ce,t the d ties and ta0es re/erred to in articles ;CF and ;C5, res,ectively, s rcharge on ta0es and d ties re/erred to in article ;A4 and any cess levied /or s,eci/ic , r,oses nder any la1 made by Parliament shall be levied and collected by the $overnment o/ India and shall be distrib ted bet1een the &nion and the !tates in the manner ,rovided in cla se 9;:7 9;: ! ch ,ercentage, as may be ,rescribed, o/ the net ,roceeds o/ any s ch ta0 or d ty in any /inancial year shall not /orm ,art o/ the %onsolidated F nd o/ India, b t shall be assigned to the !tates 1ithin 1hich that ta0 or d ty is leviable in that year, and shall be distrib ted among those !tates in s ch manner and /rom s ch time as may be ,rescribed in the manner ,rovided in cla se 9<:7 9<: In this article, M,rescribedM means, 8 9i: ntil a Finance %ommission has been constit ted, ,rescribed by the President by order, and 9ii: a/ter a Finance %ommission has been constit ted, ,rescribed by the President by order a/ter considering the recommendations o/ the Finance %ommission7 ;A47 ! rcharge on certain d ties and ta0es /or , r,oses o/ the &nion78 Not1ithstanding anything in articles ;C5 and ;AG, Parliament may at any time increase any o/ the d ties or ta0es re/erred to in those articles by a s rcharge /or , r,oses o/ the &nion and the 1hole ,roceeds o/ any s ch s rcharge shall /orm ,art o/ the %onsolidated F nd o/ India7 ;A;7 ?Ta0es 1hich are levied and collected by the &nion and may be distrib ted bet1een the &nion and the !tates7@8#e,7 by the %onstit tion 9Eightieth Amendment: Act, ;GGG, s 767 ;A<7 $rants in lie o/ e0,ort d ty on H te and H te ,rod cts7894: There shall be charged on the %onsolidated F nd o/ India in each year as grants3in3aid o/ the reven es o/ the !tates o/ Assam, (ihar, Orissa and West (engal, in lie o/ assignment o/ any share o/ the net ,roceeds in each year o/ e0,ort d ty on H te and H te ,rod cts to those !tates, s ch s ms as may be ,rescribed7 9;: The s ms so ,rescribed shall contin e to be charged on the %onsolidated F nd o/ India so long as any e0,ort d ty on H te or H te ,rod cts contin es to be levied by the $overnment o/ India or ntil the e0,iration o/ ten years /rom the commencement o/ this %onstit tion 1hichever is earlier7 9<: In this article, the e0,ression D,rescribedI has the same meaning as in article ;AG7 ;A67 Prior recommendation o/ President re= ired to (ills a//ecting ta0ation in 1hich !tates are interested7894: No (ill or amendment 1hich im,oses or varies any ta0 or d ty in 1hich !tates are interested, or 1hich varies the meaning o/ the e0,ression Dagric lt ral incomeI as de/ined /or the , r,oses o/ the enactments relating to Indian income3ta0, or 1hich a//ects the ,rinci,les on 1hich nder any o/ the /oregoing ,rovisions o/ this %ha,ter moneys are or may be distrib table to !tates, or 1hich im,oses any s ch s rcharge /or the , r,oses o/ the &nion as is mentioned in the /oregoing ,rovisions o/ this %ha,ter, shall be introd ced or moved in either Ho se o/ Parliament e0ce,t on the recommendation o/ the President7 9;: In this article, the e0,ression Dta0 or d ty in 1hich !tates are interestedI means8 9a: a ta0 or d ty the 1hole or ,art o/ the net ,roceeds 1hereo/ are assigned to any !tate- or

9b: a ta0 or d ty by re/erence to the net ,roceeds 1hereo/ s ms are /or the time being ,ayable o t o/ the %onsolidated F nd o/ India to any !tate7 ;AB7 $rants /rom the &nion to certain !tates7894: ! ch s ms as Parliament may by la1 ,rovide shall be charged on the %onsolidated F nd o/ India in each year as grants3in3aid o/ the reven es o/ s ch !tates as Parliament may determine to be in need o/ assistance, and di//erent s ms may be /i0ed /or di//erent !tates* Provided that there shall be ,aid o t o/ the %onsolidated F nd o/ India as grants3in3 aid o/ the reven es o/ a !tate s ch ca,ital and rec rring s ms as may be necessary to enable that !tate to meet the costs o/ s ch schemes o/ develo,ment as may be nderta>en by the !tate 1ith the a,,roval o/ the $overnment o/ India /or the , r,ose o/ ,romoting the 1el/are o/ the !ched led Tribes in that !tate or raising the level o/ administration o/ the !ched led Areas therein to that o/ the administration o/ the rest o/ the areas o/ that !tate* Provided / rther that there shall be ,aid o t o/ the %onsolidated F nd o/ India as grants3in3aid o/ the reven es o/ the !tate o/ Assam s ms, ca,ital and rec rring, e= ivalent to8 9a: the average e0cess o/ e0,endit re over the reven es d ring the t1o years immediately ,receding the commencement o/ this %onstit tion in res,ect o/ the administration o/ the tribal areas s,eci/ied in Part I o/ the table a,,ended to ,aragra,h ;G o/ the !i0th !ched le- and 9b: the costs o/ s ch schemes o/ develo,ment as may be nderta>en by that !tate 1ith the a,,roval o/ the $overnment o/ India /or the , r,ose o/ raising the level o/ administration o/ the said areas to that o/ the administration o/ the rest o/ the areas o/ that !tate7 94A: On and /rom the /ormation o/ the a tonomo s !tate nder article ;66A,8 9i: any s ms ,ayable nder cla se 9a: o/ the second ,roviso to cla se 94: shall, i/ the a tonomo s !tate com,rises all the tribal areas re/erred to therein, be ,aid to the a tonomo s !tate, and, i/ the a tonomo s !tate com,rises only some o/ those tribal areas, be a,,ortioned bet1een the !tate o/ Assam and the a tonomo s !tate as the President may, by order, s,eci/y9ii: there shall be ,aid o t o/ the %onsolidated F nd o/ India as grants3in3aid o/ the reven es o/ the a tonomo s !tate s ms, ca,ital and rec rring, e= ivalent to the costs o/ s ch schemes o/ develo,ment as may be nderta>en by the a tonomo s !tate 1ith the a,,roval o/ the $overnment o/ India /or the , r,ose o/ raising the level o/ administration o/ that !tate to that o/ the administration o/ the rest o/ the !tate o/ Assam7 9;: &ntil ,rovision is made by Parliament nder cla se 94:, the ,o1ers con/erred on Parliament nder that cla se shall be e0ercisable by the President by order and any order made by the President nder this cla se shall have e//ect s bHect to any ,rovision so made by Parliament* Provided that a/ter a Finance %ommission has been constit ted no order shall be made nder this cla se by the President e0ce,t a/ter considering the recommendations o/ the Finance %ommission7 ;AC7 Ta0es on ,ro/essions, trades, callings and em,loyments78

94: Not1ithstanding anything in article ;6C, no la1 o/ the Legislat re o/ a !tate relating to ta0es /or the bene/it o/ the !tate or o/ a m nici,ality, district board, local board or other local a thority therein in res,ect o/ ,ro/essions, trades, callings or em,loyments shall be invalid on the gro nd that it relates to a ta0 on income7 9;: The total amo nt ,ayable in res,ect o/ any one ,erson to the !tate or to any one m nici,ality, district board, local board or other local a thority in the !tate by 1ay o/ ta0es on ,ro/essions, trades, callings and em,loyments shall not e0ceed t1o tho sand and /ive h ndred r ,ees ,er ann m7 9<: The ,o1er o/ the Legislat re o/ a !tate to ma>e la1s as a/oresaid 1ith res,ect to ta0es on ,ro/essions, trades, callings and em,loyments shall not be constr ed as limiting in any 1ay the ,o1er o/ Parliament to ma>e la1s 1ith res,ect to ta0es on income accr ing /rom or arising o t o/ ,ro/essions, trades, callings and em,loyments7 ;AA7 !avings78Any ta0es, d ties, cesses or /ees 1hich, immediately be/ore the commencement o/ this %onstit tion, 1ere being la1/ lly levied by the $overnment o/ any !tate or by any m nici,ality or other local a thority or body /or the , r,oses o/ the !tate, m nici,ality, district or other local area may, not1ithstanding that those ta0es, d ties, cesses or /ees are mentioned in the &nion List, contin e to be levied and to be a,,lied to the same , r,oses ntil ,rovision to the contrary is made by Parliament by la17 ;AF7 ?Agreement 1ith !tates in Part ( o/ the First !ched le 1ith regard to certain /inancial matters7@ #e,7 by the %onstit tion 9!eventh Amendment: Act, 45BC, s7 ;5 and !ch7 ;A57 %alc lation o/ Dnet ,roceedsI, etc7894: In the /oregoing ,rovisions o/ this %ha,ter, Dnet ,roceedsI means in relation to any ta0 or d ty the ,roceeds thereo/ red ced by the cost o/ collection, and /or the , r,oses o/ those ,rovisions the net ,roceeds o/ any ta0 or d ty, or o/ any ,art o/ any ta0 or d ty, in or attrib table to any area shall be ascertained and certi/ied by the %om,troller and A ditor3$eneral o/ India, 1hose certi/icate shall be /inal7 9;: ! bHect as a/oresaid, and to any other e0,ress ,rovision o/ this %ha,ter, a la1 made by Parliament or an order o/ the President may, in any case 1here nder this Part the ,roceeds o/ any d ty or ta0 are, or may be, assigned to any !tate, ,rovide /or the manner in 1hich the ,roceeds are to be calc lated, /or the time /rom or at 1hich and the manner in 1hich any ,ayments are to be made, /or the ma>ing o/ adH stments bet1een one /inancial year and another, and /or any other incidental or ancillary matters7 ;FG7 Finance %ommission7894: The President shall, 1ithin t1o years /rom the commencement o/ this %onstit tion and therea/ter at the e0,iration o/ every /i/th year or at s ch earlier time as the President considers necessary, by order constit te a Finance %ommission 1hich shall consist o/ a %hairman and /o r other members to be a,,ointed by the President7 9;: Parliament may by la1 determine the = ali/ications 1hich shall be re= isite /or a,,ointment as members o/ the %ommission and the manner in 1hich they shall be selected7 9<: It shall be the d ty o/ the %ommission to ma>e recommendations to the President as to8

9a: the distrib tion bet1een the &nion and the !tates o/ the net ,roceeds o/ ta0es 1hich are to be, or may be, divided bet1een them nder this %ha,ter and the allocation bet1een the !tates o/ the res,ective shares o/ s ch ,roceeds9b: the ,rinci,les 1hich sho ld govern the grants3in3aid o/ the reven es o/ the !tates o t o/ the %onsolidated F nd o/ India9bb: the meas res needed to a gment the %onsolidated F nd o/ a !tate to s ,,lement the reso rces o/ the Panchayats in the !tate on the basis o/ the recommendations made by the Finance %ommission o/ the !tate9c: the meas res needed to a gment the %onsolidated F nd o/ a !tate to s ,,lement the reso rces o/ the ' nici,alities in the !tate on the basis o/ the recommendations made by the Finance %ommission o/ the !tate9d: any other matter re/erred to the %ommission by the President in the interests o/ so nd /inance7 96: The %ommission shall determine their ,roced re and shall have s ch ,o1ers in the ,er/ormance o/ their / nctions as Parliament may by la1 con/er on them7 ;F47 #ecommendations o/ the Finance %ommission78The President shall ca se every recommendation made by the Finance %ommission nder the ,rovisions o/ this %onstit tion together 1ith an e0,lanatory memorand m as to the action ta>en thereon to be laid be/ore each Ho se o/ Parliament7 'iscellaneo s Financial Provisions ;F;7 E0,endit re de/rayable by the &nion or a !tate o t o/ its reven es78The &nion or a !tate may ma>e any grants /or any , blic , r,ose, not1ithstanding that the , r,ose is not one 1ith res,ect to 1hich Parliament or the Legislat re o/ the !tate, as the case may be, may ma>e la1s7 ;F<7 % stody, etc7, o/ %onsolidated F nds, %ontingency F nds and moneys credited to the , blic acco nts7894: The c stody o/ the %onsolidated F nd o/ India and the %ontingency F nd o/ India, the ,ayment o/ moneys into s ch F nds, the 1ithdra1al o/ moneys there/rom, the c stody o/ , blic moneys other than those credited to s ch F nds received by or on behal/ o/ the $overnment o/ India, their ,ayment into the , blic acco nt o/ India and the 1ithdra1al o/ moneys /rom s ch acco nt and all other matters connected 1ith or ancillary to matters a/oresaid shall be reg lated by la1 made by Parliament, and, ntil ,rovision in that behal/ is so made, shall be reg lated by r les made by the President7 9;: The c stody o/ the %onsolidated F nd o/ a !tate and the %ontingency F nd o/ a !tate, the ,ayment o/ moneys into s ch F nds, the 1ithdra1al o/ moneys there/rom, the c stody o/ , blic moneys other than those credited to s ch F nds received by or on behal/ o/ the $overnment o/ the !tate, their ,ayment into the , blic acco nt o/ the !tate and the 1ithdra1al o/ moneys /rom s ch acco nt and all other matters connected 1ith or ancillary to matters a/oresaid shall be reg lated by la1 made by the Legislat re o/ the !tate, and, ntil ,rovision in that behal/ is so made, shall be reg lated by r les made by the $overnor o/ the !tate7 ;F67 % stody o/ s itorsN de,osits and other moneys received by , blic servants and co rts78All moneys received by or de,osited 1ith8 9a: any o//icer em,loyed in connection 1ith the a//airs o/ the &nion or o/ a !tate in his ca,acity as s ch, other than reven es or , blic moneys raised or received by the

$overnment o/ India or the $overnment o/ the !tate, as the case may be, or 9b: any co rt 1ithin the territory o/ India to the credit o/ any ca se, matter, acco nt or ,ersons, shall be ,aid into the , blic acco nt o/ India or the , blic acco nt o/ !tate, as the case may be7 ;FB7 E0em,tion o/ ,ro,erty o/ the &nion /rom !tate ta0ation7894: The ,ro,erty o/ the &nion shall, save in so /ar as Parliament may by la1 other1ise ,rovide, be e0em,t /rom all ta0es im,osed by a !tate or by any a thority 1ithin a !tate7 9;: Nothing in cla se 94: shall, ntil Parliament by la1 other1ise ,rovides, ,revent any a thority 1ithin a !tate /rom levying any ta0 on any ,ro,erty o/ the &nion to 1hich s ch ,ro,erty 1as immediately be/ore the commencement o/ this %onstit tion liable or treated as liable, so long as that ta0 contin es to be levied in that !tate7 ;FC7 #estrictions as to im,osition o/ ta0 on the sale or , rchase o/ goods7894: No la1 o/ a !tate shall im,ose, or a thorise the im,osition o/, a ta0 on the sale or , rchase o/ goods 1here s ch sale or , rchase ta>es ,lace8 9a: o tside the !tate- or 9b: in the co rse o/ the im,ort o/ the goods into, or e0,ort o/ the goods o t o/, the territory o/ India7 9;: Parliament may by la1 /orm late ,rinci,les /or determining 1hen a sale or , rchase o/ goods ta>es ,lace in any o/ the 1ays mentioned in cla se 94:7 9<: Any la1 o/ a !tate shall, in so /ar as it im,oses, or a thorises the im,osition o/,8 9a: a ta0 on the sale or , rchase o/ goods declared by Parliament by la1 to be o/ s,ecial im,ortance in inter3!tate trade or commerce- or 9b: a ta0 on the sale or , rchase o/ goods, being a ta0 o/ the nat re re/erred to in s b3cla se 9b:, s b3cla se 9c: or s b3cla se 9d: o/ cla se 9;5A: o/ article <CC, be s bHect to s ch restrictions and conditions in regard to the system o/ levy, rates and other incidents o/ the ta0 as Parliament may by la1 s,eci/y7 ;FA7 E0em,tion /rom ta0es on electricity78!ave in so /ar as Parliament may by la1 other1ise ,rovide, no la1 o/ a !tate shall im,ose, or a thorise the im,osition o/, a ta0 on the cons m,tion or sale o/ electricity 91hether ,rod ced by a $overnment or other ,ersons: 1hich is8 9a: cons med by the $overnment o/ India, or sold to the $overnment o/ India /or cons m,tion by that $overnment- or 9b: cons med in the constr ction, maintenance or o,eration o/ any rail1ay by the $overnment o/ India or a rail1ay com,any o,erating that rail1ay, or sold to that $overnment or any s ch rail1ay com,any /or cons m,tion in the constr ction, maintenance or o,eration o/ any rail1ay, and any s ch la1 im,osing, or a thorising the im,osition o/, a ta0 on the sale o/ electricity shall sec re that the ,rice o/ electricity sold to the $overnment o/ India /or cons m,tion by that $overnment, or to any s ch rail1ay com,any as a/oresaid /or cons m,tion in the constr ction, maintenance or o,eration o/ any rail1ay, shall be less by the amo nt o/ the ta0 than the ,rice charged to other cons mers o/ a s bstantial = antity o/ electricity7 ;FF7 E0em,tion /rom ta0ation by !tates in res,ect o/ 1ater or electricity in certain cases7894: !ave in so /ar as the President may by order other1ise ,rovide, no la1 o/

a !tate in /orce immediately be/ore the commencement o/ this %onstit tion shall im,ose, or a thorise the im,osition o/, a ta0 in res,ect o/ any 1ater or electricity stored, generated, cons med, distrib ted or sold by any a thority established by any e0isting la1 or any la1 made by Parliament /or reg lating or develo,ing any inter3 !tate river or river3valley7 E0,lanation78The e0,ression Dla1 o/ a !tate in /orceI in this cla se shall incl de a la1 o/ a !tate ,assed or made be/ore the commencement o/ this %onstit tion and not ,revio sly re,ealed, not1ithstanding that it or ,arts o/ it may not be then in o,eration either at all or in ,artic lar areas7 9;: The Legislat re o/ a !tate may by la1 im,ose, or a thorise the im,osition o/, any s ch ta0 as is mentioned in cla se 94:, b t no s ch la1 shall have any e//ect nless it has, a/ter having been reserved /or the consideration o/ the President, received his assent- and i/ any s ch la1 ,rovides /or the /i0ation o/ the rates and other incidents o/ s ch ta0 by means o/ r les or orders to be made nder the la1 by any a thority, the la1 shall ,rovide /or the ,revio s consent o/ the President being obtained to the ma>ing o/ any s ch r le or order7 ;F57 E0em,tion o/ ,ro,erty and income o/ a !tate /rom &nion ta0ation7894: The ,ro,erty and income o/ a !tate shall be e0em,t /rom &nion ta0ation7 9;: Nothing in cla se 94: shall ,revent the &nion /rom im,osing, or a thorising the im,osition o/, any ta0 to s ch e0tent, i/ any, as Parliament may by la1 ,rovide in res,ect o/ a trade or b siness o/ any >ind carried on by, or on behal/ o/, the $overnment o/ a !tate, or any o,erations connected there1ith, or any ,ro,erty sed or occ ,ied /or the , r,oses o/ s ch trade or b siness, or any income accr ing or arising in connection there1ith7 9<: Nothing in cla se 9;: shall a,,ly to any trade or b siness, or to any class o/ trade or b siness, 1hich Parliament may by la1 declare to be incidental to the ordinary / nctions o/ $overnment7 ;5G7 AdH stment in res,ect o/ certain e0,enses and ,ensions78Where nder the ,rovisions o/ this %onstit tion the e0,enses o/ any co rt or %ommission, or the ,ension ,ayable to or in res,ect o/ a ,erson 1ho has served be/ore the commencement o/ this %onstit tion nder the %ro1n in India or a/ter s ch commencement in connection 1ith the a//airs o/ the &nion or o/ a !tate, are charged on the %onsolidated F nd o/ India or the %onsolidated F nd o/ a !tate, then, i/8 9a: in the case o/ a charge on the %onsolidated F nd o/ India, the co rt or %ommission serves any o/ the se,arate needs o/ a !tate, or the ,erson has served 1holly or in ,art in connection 1ith the a//airs o/ a !tate- or 9b: in the case o/ a charge on the %onsolidated F nd o/ a !tate, the co rt or %ommission serves any o/ the se,arate needs o/ the &nion or another !tate, or the ,erson has served 1holly or in ,art in connection 1ith the a//airs o/ the &nion or another !tate, there shall be charged on and ,aid o t o/ the %onsolidated F nd o/ the !tate or, as the case may be, the %onsolidated F nd o/ India or the %onsolidated F nd o/ the other !tate, s ch contrib tion in res,ect o/ the e0,enses or ,ension as may be agreed, or as may in de/a lt o/ agreement be determined by an arbitrator to be a,,ointed by the %hie/ + stice o/ India7

;5GA7 Ann al ,ayment to certain Devas1om F nds78A s m o/ /orty3si0 la>hs and /i/ty tho sand r ,ees shall be charged on, and ,aid o t o/, the %onsolidated F nd o/ the !tate o/ Lerala every year to the Travancore Devas1om F nd- and a s m o/ thirteen la>hs and /i/ty tho sand r ,ees shall be charged on, and ,aid o t o/, the %onsolidated F nd o/ the !tate o/ Tamil Nad every year to the Devas1om F nd established in that !tate /or the maintenance o/ Hind tem,les and shrines in the territories trans/erred to that !tate on the 4st day o/ November, 45BC, /rom the !tate o/ Travancore3%ochin7 ;547 ?Privy , rse s ms o/ # lers7@ #e,7 by the %onstit tion 9T1enty3si0th Amendment: Act, 45Al, s7 ;7 %ha,ter II78(orro1ing ;5;7 (orro1ing by the $overnment o/ India78The e0ec tive ,o1er o/ the &nion e0tends to borro1ing ,on the sec rity o/ the %onsolidated F nd o/ India 1ithin s ch limits, i/ any, as may /rom time to time be /i0ed by Parliament by la1 and to the giving o/ g arantees 1ithin s ch limits, i/ any, as may be so /i0ed7 ;5<7 (orro1ing by !tates7894: ! bHect to the ,rovisions o/ this article, the e0ec tive ,o1er o/ a !tate e0tends to borro1ing 1ithin the territory o/ India ,on the sec rity o/ the %onsolidated F nd o/ the !tate 1ithin s ch limits, i/ any, as may /rom time to time be /i0ed by the Legislat re o/ s ch !tate by la1 and to the giving o/ g arantees 1ithin s ch limits, i/ any, as may be so /i0ed7 9;: The $overnment o/ India may, s bHect to s ch conditions as may be laid do1n by or nder any la1 made by Parliament, ma>e loans to any !tate or, so long as any limits /i0ed nder article ;5; are not e0ceeded, give g arantees in res,ect o/ loans raised by any !tate, and any s ms re= ired /or the , r,ose o/ ma>ing s ch loans shall be charged on the %onsolidated F nd o/ India7 9<: A !tate may not 1itho t the consent o/ the $overnment o/ India raise any loan i/ there is still o tstanding any ,art o/ a loan 1hich has been made to the !tate by the $overnment o/ India or by its ,redecessor $overnment, or in res,ect o/ 1hich a g arantee has been given by the $overnment o/ India or by its ,redecessor $overnment7 96: A consent nder cla se 9<: may be granted s bHect to s ch conditions, i/ any, as the $overnment o/ India may thin> /it to im,ose7 %ha,ter III78Pro,erty7 %ontracts, #ights, Liabilities, Obligations and ! its ;567 ! ccession to ,ro,erty, assets, rights, liabilities and obligations in certain cases7 8As /rom the commencement o/ this %onstit tion8 9a: all ,ro,erty and assets 1hich immediately be/ore s ch commencement 1ere vested in His 'aHesty /or the , r,oses o/ the $overnment o/ the Dominion o/ India and all ,ro,erty and assets 1hich immediately be/ore s ch commencement 1ere vested in His 'aHesty /or the , r,oses o/ the $overnment o/ each $overnorNs Province shall vest res,ectively in the &nion and the corres,onding !tate, and 9b: all rights, liabilities and obligations o/ the $overnment o/ the Dominion o/ India and o/ the $overnment o/ each $overnorNs Province, 1hether arising o t o/ any contract or other1ise, shall be the rights, liabilities and obligations res,ectively o/ the $overnment o/ India and the $overnment o/ each corres,onding !tate,

s bHect to any adH stment made or to be made by reason o/ the creation be/ore the commencement o/ this %onstit tion o/ the Dominion o/ Pa>istan or o/ the Provinces o/ West (engal, East (engal, West P nHab and East P nHab, ;5B7 ! ccession to ,ro,erty, assets, rights, liabilities and obligations in other cases78 94: As /rom the commencement o/ this %onstit tion8 9a: all ,ro,erty and assets 1hich immediately be/ore s ch commencement 1ere vested in any Indian !tate corres,onding to a !tate s,eci/ied in Part ( o/ the First !ched le shall vest in the &nion, i/ the , r,oses /or 1hich s ch ,ro,erty and assets 1ere held immediately be/ore s ch commencement 1ill therea/ter be , r,oses o/ the &nion relating to any o/ the matters en merated in the &nion List, and 9b: all rights, liabilities and obligations o/ the $overnment o/ any Indian !tate corres,onding to a !tate s,eci/ied in Part ( o/ the First !ched le, 1hether arising o t o/ any contract or other1ise, shall be the rights, liabilities and obligations o/ the $overnment o/ India, i/ the , r,oses /or 1hich s ch rights 1ere ac= ired or liabilities or obligations 1ere inc rred be/ore s ch commencement 1ill therea/ter be , r,oses o/ the $overnment o/ India relating to any o/ the matters en merated in the &nion List, s bHect to any agreement entered into in that behal/ by the $overnment o/ India 1ith the $overnment o/ that !tate7 9;: ! bHect as a/oresaid, the $overnment o/ each !tate s,eci/ied in Part ( o/ the First !ched le shall, as /rom the commencement o/ this %onstit tion, be the s ccessor o/ the $overnment o/ the corres,onding Indian !tate as regards all ,ro,erty and assets and all rights, liabilities and obligations, 1hether arising o t o/ any contract or other1ise, other than those re/erred to in cla se 94:7 ;5C7 Pro,erty accr ing by escheat or la,se or as bona vacantia78! bHect as hereina/ter ,rovided, any ,ro,erty in the territory o/ India 1hich, i/ this %onstit tion had not come into o,eration, 1o ld have accr ed to His 'aHesty or, as the case may be, to the # ler o/ an Indian !tate by escheat or la,se, or as bona vacantia /or 1ant o/ a right/ l o1ner, shall, i/ it is ,ro,erty sit ate in a !tate, vest in s ch !tate, and shall, in any other case, vest in the &nion* Provided that any ,ro,erty 1hich at the date 1hen it 1o ld have so accr ed to His 'aHesty or to the # ler o/ an Indian !tate 1as in the ,ossession or nder the control o/ the $overnment o/ India or the $overnment o/ a !tate shall, according as the , r,oses /or 1hich it 1as then sed or held 1ere , r,oses o/ the &nion or o/ a !tate, vest in the &nion or in that !tate7 E0,lanation78In this article, the e0,ressions D# lerI and DIndian !tateI have the same meanings as in article <C<7 ;5A7 Things o/ val e 1ithin territorial 1aters or continental shel/ and reso rces o/ the e0cl sive economic )one to vest in the &nion78 94: All lands, minerals and other things o/ val e nderlying the ocean 1ithin the territorial 1aters, or the continental shel/, or the e0cl sive economic )one, o/ India shall vest in the &nion and be held /or the , r,oses o/ the &nion7 9;: All other reso rces o/ the e0cl sive economic )one o/ India shall also vest in the &nion and be held /or the , r,oses o/ the &nion7 9<: The limits o/ the territorial 1aters, the continental shel/, the e0cl sive economic

)one, and other maritime )ones, o/ India shall be s ch as may be s,eci/ied, /rom time to time, by or nder any la1 made by Parliament7 ;5F7 Po1er to carry on trade, etc78 The e0ec tive ,o1er o/ the &nion and o/ each !tate shall e0tend to the carrying on o/ any trade or b siness and to the ac= isition, holding and dis,osal o/ ,ro,erty and the ma>ing o/ contracts /or any , r,ose* Provided that8 9a: the said e0ec tive ,o1er o/ the &nion shall, in so /ar as s ch trade or b siness or s ch , r,ose is not one 1ith res,ect to 1hich Parliament may ma>e la1s, be s bHect in each !tate to legislation by the !tate- and 9b: the said e0ec tive ,o1er o/ each !tate shall, in so /ar as s ch trade or b siness or s ch , r,ose is not one 1ith res,ect to 1hich the !tate Legislat re may ma>e la1s, be s bHect to legislation by Parliament7 ;557 %ontracts7894: All contracts made in the e0ercise o/ the e0ec tive ,o1er o/ the &nion or o/ a !tate shall be e0,ressed to be made by the President, or by the $overnor o/ the !tate, as the case may be, and all s ch contracts and all ass rances o/ ,ro,erty made in the e0ercise o/ that ,o1er shall be e0ec ted on behal/ o/ the President or the $overnor by s ch ,ersons and in s ch manner as he may direct or a thorise7 9;: Neither the President nor the $overnor shall be ,ersonally liable in res,ect o/ any contract or ass rance made or e0ec ted /or the , r,oses o/ this %onstit tion, or /or the , r,oses o/ any enactment relating to the $overnment o/ India hereto/ore in /orce, nor shall any ,erson ma>ing or e0ec ting any s ch contract or ass rance on behal/ o/ any o/ them be ,ersonally liable in res,ect thereo/7 <GG7 ! its and ,roceedings7894: The $overnment o/ India may s e or be s ed by the name o/ the &nion o/ India and the $overnment o/ a !tate may s e or be s ed by the name o/ the !tate and may, s bHect to any ,rovisions 1hich may be made by Act o/ Parliament or o/ the Legislat re o/ s ch !tate enacted by virt e o/ ,o1ers con/erred by this %onstit tion, s e or be s ed in relation to their res,ective a//airs in the li>e cases as the Dominion o/ India and the corres,onding Provinces or the corres,onding Indian !tates might have s ed or been s ed i/ this %onstit tion had not been enacted7 9;: I/ at the commencement o/ this %onstit tion8 9a: any legal ,roceedings are ,ending to 1hich the Dominion o/ India is a ,arty, the &nion o/ India shall be deemed to be s bstit ted /or the Dominion in those ,roceedings- and 9b: any legal ,roceedings are ,ending to 1hich a Province or an Indian !tate is a ,arty, the corres,onding !tate shall be deemed to be s bstit ted /or the Province or the Indian !tate in those ,roceedings7 %ha,ter I"78#ight to Pro,erty <GGA7 Persons not to be de,rived o/ ,ro,erty save by a thority o/ la178 No ,erson shall be de,rived o/ his ,ro,erty save by a thority o/ la17

PART XIII TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA
<G47 Freedom o/ trade, commerce and interco rse78! bHect to the other ,rovisions

o/ this Part, trade, commerce and interco rse thro gho t the territory o/ India shall be /ree7 <G;7 Po1er o/ Parliament to im,ose restrictions on trade, commerce and interco rse7 8Parliament may by la1 im,ose s ch restrictions on the /reedom o/ trade, commerce or interco rse bet1een one !tate and another or 1ithin any ,art o/ the territory o/ India as may be re= ired in the , blic interest7 <G<7 #estrictions on the legislative ,o1ers o/ the &nion and o/ the !tates 1ith regard to trade and commerce7894: Not1ithstanding anything in article <G;, neither Parliament nor the Legislat re o/ a !tate shall have ,o1er to ma>e any la1 giving, or a thorising the giving o/, any ,re/erence to one !tate over another, or ma>ing, or a thorising the ma>ing o/, any discrimination bet1een one !tate and another, by virt e o/ any entry relating to trade and commerce in any o/ the Lists in the !eventh !ched le7 9;: Nothing in cla se 94: shall ,revent Parliament /rom ma>ing any la1 giving, or a thorising the giving o/, any ,re/erence or ma>ing, or a thorising the ma>ing o/, any discrimination i/ it is declared by s ch la1 that it is necessary to do so /or the , r,ose o/ dealing 1ith a sit ation arising /rom scarcity o/ goods in any ,art o/ the territory o/ India7 <G67 #estrictions on trade, commerce and interco rse among !tates78 Not1ithstanding anything in article <G4 or article <G<, the Legislat re o/ a !tate may by la18 9a: im,ose on goods im,orted /rom other !tates or the &nion territories any ta0 to 1hich similar goods man /act red or ,rod ced in that !tate are s bHect, so, ho1ever, as not to discriminate bet1een goods so im,orted and goods so man /act red or ,rod ced- and 9b: im,ose s ch reasonable restrictions on the /reedom o/ trade, commerce or interco rse 1ith or 1ithin that !tate as may be re= ired in the , blic interest* Provided that no (ill or amendment /or the , r,oses o/ cla se 9b: shall be introd ced or moved in the Legislat re o/ a !tate 1itho t the ,revio s sanction o/ the President7 <GB7 !aving o/ e0isting la1s and la1s ,roviding /or !tate mono,olies78Nothing in articles <G4 and <G< shall a//ect the ,rovisions o/ any e0isting la1 e0ce,t in so /ar as the President may by order other1ise direct- and nothing in article <G4 shall a//ect the o,eration o/ any la1 made be/ore the commencement o/ the %onstit tion 9Fo rth Amendment: Act, 45BB, in so /ar as it relates to, or ,revent Parliament or the Legislat re o/ a !tate /rom ma>ing any la1 relating to, any s ch matter as is re/erred to in s b3cla se 9ii: o/ cla se 9C: o/ article 457 <GC7 ?Po1er o/ certain !tates in Part ( o/ the First !ched le to im,ose restrictions on trade and commerce7@ #e,7 by the %onstit tion 9!eventh Amendment: Act, 45BC, s7 ;5 and !ch7 <GA7 A,,ointment o/ a thority /or carrying o t the , r,oses o/ articles <G4 to <G678 Parliament may by la1 a,,oint s ch a thority as it considers a,,ro,riate /or carrying o t the , r,oses o/ articles <G4, <G;, <G< and <G6, and con/er on the a thority so a,,ointed s ch ,o1ers and s ch d ties as it thin>s necessary7

PART XIV SERVICES UNDER THE UNION AND THE STATES

%ha,ter I78 !ervices <GF7 Inter,retation78In this Part, nless the conte0t other1ise re= ires, the e0,ression D!tateI does not incl de the !tate o/ +amm and Lashmir7 <G57 #ecr itment and conditions o/ service o/ ,ersons serving the &nion or a !tate78 ! bHect to the ,rovisions o/ this %onstit tion, Acts o/ the a,,ro,riate Legislat re may reg late the recr itment, and conditions o/ service o/ ,ersons a,,ointed, to , blic services and ,osts in connection 1ith the a//airs o/ the &nion or o/ any !tate* Provided that it shall be com,etent /or the President or s ch ,erson as he may direct in the case o/ services and ,osts in connection 1ith the a//airs o/ the &nion, and /or the $overnor o/ a !tate or s ch ,erson as he may direct in the case o/ services and ,osts in connection 1ith the a//airs o/ the !tate, to ma>e r les reg lating the recr itment, and the conditions o/ service o/ ,ersons a,,ointed, to s ch services and ,osts ntil ,rovision in that behal/ is made by or nder an Act o/ the a,,ro,riate Legislat re nder this article, and any r les so made shall have e//ect s bHect to the ,rovisions o/ any s ch Act7 <4G7 Ten re o/ o//ice o/ ,ersons serving the &nion or a !tate7894: E0ce,t as e0,ressly ,rovided by this %onstit tion, every ,erson 1ho is a member o/ a de/ence service or o/ a civil service o/ the &nion or o/ an all3India service or holds any ,ost connected 1ith de/ence or any civil ,ost nder the &nion holds o//ice d ring the ,leas re o/ the President, and every ,erson 1ho is a member o/ a civil service o/ a !tate or holds any civil ,ost nder a !tate holds o//ice d ring the ,leas re o/ the $overnor o/ the !tate7 9;: Not1ithstanding that a ,erson holding a civil ,ost nder the &nion or a !tate holds o//ice d ring the ,leas re o/ the President or, as the case may be, o/ the $overnor o/ the !tate, any contract nder 1hich a ,erson, not being a member o/ a de/ence service or o/ an all3India service or o/ a civil service o/ the &nion or a !tate, is a,,ointed nder this %onstit tion to hold s ch a ,ost may, i/ the President or the $overnor, as the case may be, deems it necessary in order to sec re the services o/ a ,erson having s,ecial = ali/ications, ,rovide /or the ,ayment to him o/ com,ensation, i/ be/ore the e0,iration o/ an agreed ,eriod that ,ost is abolished or he is, /or reasons not connected 1ith any miscond ct on his ,art, re= ired to vacate that ,ost7 <447 Dismissal, removal or red ction in ran> o/ ,ersons em,loyed in civil ca,acities nder the &nion or a !tate7894: No ,erson 1ho is a member o/ a civil service o/ the &nion or an all3India service or a civil service o/ a !tate or holds a civil ,ost nder the &nion or a !tate shall be dismissed or removed by an a thority s bordinate to that by 1hich he 1as a,,ointed7 9;: No s ch ,erson as a/oresaid shall be dismissed or removed or red ced in ran> e0ce,t a/ter an in= iry in 1hich he has been in/ormed o/ the charges against him and given a reasonable o,,ort nity o/ being heard in res,ect o/ those charges* Provided that 1here it is ,ro,osed a/ter s ch in= iry, to im,ose ,on him any s ch ,enalty, s ch ,enalty may be im,osed on the basis o/ the evidence add ced d ring s ch in= iry and it shall not be necessary to give s ch ,erson any o,,ort nity o/ ma>ing re,resentation on the ,enalty ,ro,osed* Provided / rther that this cla se shall not a,,ly8

9a: 1here a ,erson is dismissed or removed or red ced in ran> on the gro nd o/ cond ct 1hich has led to his conviction on a criminal charge- or 9b: 1here the a thority em,o1ered to dismiss or remove a ,erson or to red ce him in ran> is satis/ied that /or some reason, to be recorded by that a thority in 1riting, it is not reasonably ,racticable to hold s ch in= iry- or 9c: 1here the President or the $overnor, as the case may be, is satis/ied that in the interest o/ the sec rity o/ the !tate it is not e0,edient to hold s ch in= iry7 9<: I/, in res,ect o/ any s ch ,erson as a/oresaid, a = estion arises 1hether it is reasonably ,racticable to hold s ch in= iry as is re/erred to in cla se 9;:, the decision thereon o/ the a thority em,o1ered to dismiss or remove s ch ,erson or to red ce him in ran> shall be /inal7 <4;7 All3India services7894: Not1ithstanding anything in %ha,ter "I o/ Part "I or Part OI, i/ the %o ncil o/ !tates has declared by resol tion s ,,orted by not less than t1o3thirds o/ the members ,resent and voting that it is necessary or e0,edient in the national interest so to do, Parliament may by la1 ,rovide /or the creation o/ one or more all India services 9incl ding an all3India H dicial service: common to the &nion and the !tates, and, s bHect to the other ,rovisions o/ this %ha,ter, reg late the recr itment, and the conditions o/ service o/ ,ersons a,,ointed, to any s ch service7 9;: The services >no1n at the commencement o/ this %onstit tion as the Indian Administrative !ervice and the Indian Police !ervice shall be deemed to be services created by Parliament nder this article7 9<: The all3India H dicial service re/erred to in cla se 94: shall not incl de any ,ost in/erior to that o/ a district H dge as de/ined in article ;<C7 96: The la1 ,roviding /or the creation o/ the all3India H dicial service a/oresaid may contain s ch ,rovisions /or the amendment o/ %ha,ter "I o/ Part "I as may be necessary /or giving e//ect to the ,rovisions o/ that la1 and no s ch la1 shall be deemed to be an amendment o/ this %onstit tion /or the , r,oses o/ article <CF7 <4;A7 Po1er o/ Parliament to vary or revo>e conditions o/ service o/ o//icers o/ certain services7894: Parliament may by la18 9a: vary or revo>e, 1hether ,ros,ectively or retros,ectively, the conditions o/ services as res,ects rem neration, leave and ,ension and the rights as res,ects disci,linary matters o/ ,ersons 1ho, having been a,,ointed by the !ecretary o/ !tate or !ecretary o/ !tate in %o ncil to a civil service o/ the %ro1n in India be/ore the commencement o/ this %onstit tion, contin e on and a/ter the commencement o/ the %onstit tion 9T1enty3eighth Amendment: Act, 45A;, to serve nder the $overnment o/ India or o/ a !tate in any service or ,ost9b: vary or revo>e, 1hether ,ros,ectively or retros,ectively, the conditions o/ service as res,ects ,ension o/ ,ersons 1ho, having been a,,ointed by the !ecretary o/ !tate or !ecretary o/ !tate in %o ncil to a civil service o/ the %ro1n in India be/ore the commencement o/ this %onstit tion, retired or other1ise ceased to be in service at any time be/ore the commencement o/ the %onstit tion 9T1enty3eighth Amendment: Act, 45A;* Provided that in the case o/ any s ch ,erson 1ho is holding or has held the o//ice o/ the %hie/ + stice or other + dge o/ the ! ,reme %o rt or a High %o rt, the %om,troller and A ditor3$eneral o/ India, the %hairman or other member o/ the

&nion or a !tate P blic !ervice %ommission or the %hie/ Election %ommissioner, nothing in s b3cla se 9a: or s b3cla se 9b: shall be constr ed as em,o1ering Parliament to vary or revo>e, a/ter his a,,ointment to s ch ,ost, the conditions o/ his service to his disadvantage e0ce,t in so /ar as s ch conditions o/ service are a,,licable to him by reason o/ his being a ,erson a,,ointed by the !ecretary o/ !tate or !ecretary o/ !tate in %o ncil to a civil service o/ the %ro1n in India7 9;: E0ce,t to the e0tent ,rovided /or by Parliament by la1 nder this article, nothing in this article shall a//ect the ,o1er o/ any Legislat re or other a thority nder any other ,rovision o/ this %onstit tion to reg late the conditions o/ service o/ ,ersons re/erred to in cla se 94:7 9<: Neither the ! ,reme %o rt nor any other co rt shall have H risdiction in8 9a: any dis, te arising o t o/ any ,rovision o/, or any endorsement on, any covenant, agreement or other similar instr ment 1hich 1as entered into or e0ec ted by any ,erson re/erred to in cla se 94:, or arising o t o/ any letter iss ed to s ch ,erson, in relation to his a,,ointment to any civil service o/ the %ro1n in India or his contin ance in service nder the $overnment o/ the Dominion o/ India or a Province thereo/9b: any dis, te in res,ect o/ any right, liability or obligation nder article <46 as originally enacted7 96: The ,rovisions o/ this article shall have e//ect not1ithstanding anything in article <46 as originally enacted or in any other ,rovision o/ this %onstit tion7 <4<7 Transitional ,rovisions78&ntil other ,rovision is made in this behal/ nder this %onstit tion, all the la1s in /orce immediately be/ore the commencement o/ this %onstit tion and a,,licable to any , blic service or any ,ost 1hich contin es to e0ist a/ter the commencement o/ this %onstit tion, as an all3India service or as service or ,ost nder the &nion or a !tate shall contin e in /orce so /ar as consistent 1ith the ,rovisions o/ this %onstit tion7 <467 ?Provision /or ,rotection o/ e0isting o//icers o/ certain services7@ #e,7 by the %onstit tion 9T1enty3eighth Amendment: Act, 45A;, s7 < 917e7/7 ;53F345A;:7 %ha,ter II78 P blic !ervice %ommissions <4B7 P blic !ervice %ommissions /or the &nion and /or the !tates7894: ! bHect to the ,rovisions o/ this article, there shall be a P blic !ervice %ommission /or the &nion and a P blic !ervice %ommission /or each !tate7 9;: T1o or more !tates may agree that there shall be one P blic !ervice %ommission /or that gro , o/ !tates, and i/ a resol tion to that e//ect is ,assed by the Ho se or, 1here there are t1o Ho ses, by each Ho se o/ the Legislat re o/ each o/ those !tates, Parliament may by la1 ,rovide /or the a,,ointment o/ a +oint !tate P blic !ervice %ommission 9re/erred to in this %ha,ter as +oint %ommission: to serve the needs o/ those !tates7 9<: Any s ch la1 as a/oresaid may contain s ch incidental and conse= ential ,rovisions as may be necessary or desirable /or giving e//ect to the , r,oses o/ the la17 96: The P blic !ervice %ommission /or the &nion, i/ re= ested so to do by the $overnor o/ a !tate may, 1ith the a,,roval o/ the President, agree to serve all or any o/ the needs o/ the !tate7

9B: #e/erences in this %onstit tion to the &nion P blic !ervice %ommission or a !tate P blic !ervice %ommission shall, nless the conte0t other1ise re= ires, be constr ed as re/erences to the %ommission serving the needs o/ the &nion or, as the case may be, the !tate as res,ects the ,artic lar matter in = estion7 <4C7 A,,ointment and term o/ o//ice o/ members7894: The %hairman and other members o/ a P blic !ervice %ommission shall be a,,ointed, in the case o/ the &nion %ommission or a +oint %ommission, by the President, and in the case o/ a !tate %ommission, by the $overnor o/ the !tate* Provided that as nearly as may be one3hal/ o/ the members o/ every P blic !ervice %ommission shall be ,ersons 1ho at the dates o/ their res,ective a,,ointments have held o//ice /or at least ten years either nder the $overnment o/ India or nder the $overnment o/ a !tate, and in com, ting the said ,eriod o/ ten years any ,eriod be/ore the commencement o/ this %onstit tion d ring 1hich a ,erson has held o//ice nder the %ro1n in India or nder the $overnment o/ an Indian !tate shall be incl ded7 94A: I/ the o//ice o/ the %hairman o/ the %ommission becomes vacant or i/ any s ch %hairman is by reason o/ absence or /or any other reason nable to ,er/orm the d ties o/ his o//ice, those d ties shall, ntil some ,erson a,,ointed nder cla se 94: to the vacant o//ice has entered on the d ties thereo/ or, as the case may be, ntil the %hairman has res med his d ties, be ,er/ormed by s ch one o/ the other members o/ the %ommission as the President, in the case o/ the &nion %ommission or a +oint %ommission, and the $overnor o/ the !tate in the case o/ a !tate %ommission, may a,,oint /or the , r,ose7 9;: A member o/ a P blic !ervice %ommission shall hold o//ice /or a term o/ si0 years /rom the date on 1hich he enters ,on his o//ice or ntil he attains, in the case o/ the &nion %ommission, the age o/ si0ty3/ive years, and in the case o/ a !tate %ommission or a +oint %ommission, the age o/ si0ty3t1o years, 1hichever is earlier* Provided that8 9a: a member o/ a P blic !ervice %ommission may, by 1riting nder his hand addressed, in the case o/ the &nion %ommission or a +oint %ommission, to the President, and in the case o/ a !tate %ommission, to the $overnor o/ the !tate, resign his o//ice9b: a member o/ a P blic !ervice %ommission may be removed /rom his o//ice in the manner ,rovided in cla se 94: or cla se 9<: o/ article <4A7 9<: A ,erson 1ho holds o//ice as a member o/ a P blic !ervice %ommission shall, on the e0,iration o/ his term o/ o//ice, be ineligible /or re3a,,ointment to that o//ice7 <4A7 #emoval and s s,ension o/ a member o/ a P blic !ervice %ommission7894: ! bHect to the ,rovisions o/ cla se 9<:, the %hairman or any other member o/ a P blic !ervice %ommission shall only be removed /rom his o//ice by order o/ the President on the gro nd o/ misbehavio r a/ter the ! ,reme %o rt, on re/erence being made to it by the President, has, on in= iry held in accordance 1ith the ,roced re ,rescribed in that behal/ nder article 46B, re,orted that the %hairman or s ch other member, as the case may be, o ght on any s ch gro nd to be removed7 9;: The President, in the case o/ the &nion %ommission or a +oint %ommission, and the $overnor in the case o/ a !tate %ommission, may s s,end /rom o//ice the

%hairman or any other member o/ the %ommission in res,ect o/ 1hom a re/erence has been made to the ! ,reme %o rt nder cla se 94: ntil the President has ,assed orders on recei,t o/ the re,ort o/ the ! ,reme %o rt on s ch re/erence7 9<: Not1ithstanding anything in cla se 94:, the President may by order remove /rom o//ice the %hairman or any other member o/ a P blic !ervice %ommission i/ the %hairman or s ch other member, as the case may be,8 9a: is adH dged an insolvent- or 9b: engages d ring his term o/ o//ice in any ,aid em,loyment o tside the d ties o/ his o//ice- or 9c: is, in the o,inion o/ the President, n/it to contin e in o//ice by reason o/ in/irmity o/ mind or body7 96: I/ the %hairman or any other member o/ a P blic !ervice %ommission is or becomes in any 1ay concerned or interested in any contract or agreement made by or on behal/ o/ the $overnment o/ India or the $overnment o/ a !tate or ,artici,ates in any 1ay in the ,ro/it thereo/ or in any bene/it or emol ment arising there/rom other1ise than as a member and in common 1ith the other members o/ an incor,orated com,any, he shall, /or the , r,oses o/ cla se 94:, be deemed to be g ilty o/ misbehavio r7 <4F7 Po1er to ma>e reg lations as to conditions o/ service o/ members and sta// o/ the %ommission78In the case o/ the &nion %ommission or a +oint %ommission, the President and, in the case o/ a !tate %ommission, the $overnor o/ the !tate may by reg lations8 9a: determine the n mber o/ members o/ the %ommission and their conditions o/ service- and 9b: ma>e ,rovision 1ith res,ect to the n mber o/ members o/ the sta// o/ the %ommission and their conditions o/ service* Provided that the conditions o/ service o/ a member o/ a P blic !ervice %ommission shall not be varied to his disadvantage a/ter his a,,ointment7 <457 Prohibition as to the holding o/ o//ices by members o/ %ommission on ceasing to be s ch members78On ceasing to hold o//ice8 9a: the %hairman o/ the &nion P blic !ervice %ommission shall be ineligible /or / rther em,loyment either nder the $overnment o/ India or nder the $overnment o/ a !tate9b: the %hairman o/ a !tate P blic !ervice %ommission shall be eligible /or a,,ointment as the %hairman or any other member o/ the &nion P blic !ervice %ommission or as the %hairman o/ any other !tate P blic !ervice %ommission, b t not /or any other em,loyment either nder the $overnment o/ India or nder the $overnment o/ a !tate9c: a member other than the %hairman o/ the &nion P blic !ervice %ommission shall be eligible /or a,,ointment as the %hairman o/ the &nion P blic !ervice %ommission or as the %hairman o/ a !tate P blic !ervice %ommission, b t not /or any other em,loyment either nder the $overnment o/ India or nder the $overnment o/ a !tate9d: a member other than the %hairman o/ a !tate P blic !ervice %ommission shall be eligible /or a,,ointment as the %hairman or any other member o/ the &nion P blic

!ervice %ommission or as the %hairman o/ that or any other !tate P blic !ervice %ommission, b t not /or any other em,loyment either nder the $overnment o/ India or nder the $overnment o/ a !tate7 <;G7 F nctions o/ P blic !ervice %ommissions7894: It shall be the d ty o/ the &nion and the !tate P blic !ervice %ommissions to cond ct e0aminations /or a,,ointments to the services o/ the &nion and the services o/ the !tate res,ectively7 9;: It shall also be the d ty o/ the &nion P blic !ervice %ommission, i/ re= ested by any t1o or more !tates so to do, to assist those !tates in /raming and o,erating schemes o/ Hoint recr itment /or any services /or 1hich candidates ,ossessing s,ecial = ali/ications are re= ired7 9<: The &nion P blic !ervice %ommission or the !tate P blic !ervice %ommission, as the case may be, shall be cons lted8 9a: on all matters relating to methods o/ recr itment to civil services and /or civil ,osts9b: on the ,rinci,les to be /ollo1ed in ma>ing a,,ointments to civil services and ,osts and in ma>ing ,romotions and trans/ers /rom one service to another and on the s itability o/ candidates /or s ch a,,ointments, ,romotions or trans/ers9c: on all disci,linary matters a//ecting a ,erson serving nder the $overnment o/ India or the $overnment o/ a !tate in a civil ca,acity, incl ding memorials or ,etitions relating to s ch matters9d: on any claim by or in res,ect o/ a ,erson 1ho is serving or has served nder the $overnment o/ India or the $overnment o/ a !tate or nder the %ro1n in India or nder the $overnment o/ an Indian !tate, in a civil ca,acity, that any costs inc rred by him in de/ending legal ,roceedings instit ted against him in res,ect o/ acts done or , r,orting to be done in the e0ec tion o/ his d ty sho ld be ,aid o t o/ the %onsolidated F nd o/ India, or, as the case may be, o t o/ the %onsolidated F nd o/ the !tate9e: on any claim /or the a1ard o/ a ,ension in res,ect o/ inH ries s stained by a ,erson 1hile serving nder the $overnment o/ India or the $overnment o/ a !tate or nder the %ro1n in India or nder the $overnment o/ an Indian !tate, in a civil ca,acity, and any = estion as to the amo nt o/ any s ch a1ard, and it shall be the d ty o/ a P blic !ervice %ommission to advise on any matter so re/erred to them and on any other matter 1hich the President, or, as the case may be, the $overnor o/ the !tate, may re/er to them* Provided that the President as res,ects the all3India services and also as res,ects other services and ,osts in connection 1ith the a//airs o/ the &nion, and the $overnor, as res,ects other services and ,osts in connection 1ith the a//airs o/ a !tate, may ma>e reg lations s,eci/ying the matters in 1hich either generally, or in any ,artic lar class o/ case or in any ,artic lar circ mstances, it shall not be necessary /or a P blic !ervice %ommission to be cons lted7 96: Nothing in cla se 9<: shall re= ire a P blic !ervice %ommission to be cons lted as res,ects the manner in 1hich any ,rovision re/erred to in cla se 96: o/ article 4C may be made or as res,ects the manner in 1hich e//ect may be given to the ,rovisions o/ article <<B7 9B: All reg lations made nder the ,roviso to cla se 9<: by the President or the

$overnor o/ a !tate shall be laid /or not less than /o rteen days be/ore each Ho se o/ Parliament or the Ho se or each Ho se o/ the Legislat re o/ the !tate, as the case may be, as soon as ,ossible a/ter they are made, and shall be s bHect to s ch modi/ications, 1hether by 1ay o/ re,eal or amendment, as both Ho ses o/ Parliament or the Ho se or both Ho ses o/ the Legislat re o/ the !tate may ma>e d ring the session in 1hich they are so laid7 <;47 Po1er to e0tend / nctions o/ P blic !ervice %ommissions78 An Act made by Parliament or, as the case may be, the Legislat re o/ a !tate may ,rovide /or the e0ercise o/ additional / nctions by the &nion P blic !ervice %ommission or the !tate P blic !ervice %ommission as res,ects the services o/ the &nion or the !tate and also as res,ects the services o/ any local a thority or other body cor,orate constit ted by la1 or o/ any , blic instit tion7 <;;7 E0,enses o/ P blic !ervice %ommissions78 The e0,enses o/ the &nion or a !tate P blic !ervice %ommission, incl ding any salaries, allo1ances and ,ensions ,ayable to or in res,ect o/ the members or sta// o/ the %ommission, shall be charged on the %onsolidated F nd o/ India or, as the case may be, the %onsolidated F nd o/ the !tate7 <;<7 #e,orts o/ P blic !ervice %ommissions78 94: It shall be the d ty o/ the &nion %ommission to ,resent ann ally to the President a re,ort as to the 1or> done by the %ommission and on recei,t o/ s ch re,ort the President shall ca se a co,y thereo/ together 1ith a memorand m e0,laining, as res,ects the cases, i/ any, 1here the advice o/ the %ommission 1as not acce,ted, the reasons /or s ch non3acce,tance to be laid be/ore each Ho se o/ Parliament7 9;: It shall be the d ty o/ a !tate %ommission to ,resent ann ally to the $overnor o/ the !tate a re,ort as to the 1or> done by the %ommission, and it shall be the d ty o/ a +oint %ommission to ,resent ann ally to the $overnor o/ each o/ the !tates the needs o/ 1hich are served by the +oint %ommission a re,ort as to the 1or> done by the %ommission in relation to that !tate, and in either case the $overnor, shall, on recei,t o/ s ch re,ort, ca se a co,y thereo/ together 1ith a memorand m e0,laining, as res,ects the cases, i/ any, 1here the advice o/ the %ommission 1as not acce,ted, the reasons /or s ch non3acce,tance to be laid be/ore the Legislat re o/ the !tate7

PART XIVA TRIBUNALS


<;<A7 Administrative trib nals7894: Parliament may, by la1, ,rovide /or the adH dication or trial by administrative trib nals o/ dis, tes and com,laints 1ith res,ect to recr itment and conditions o/ service o/ ,ersons a,,ointed to , blic services and ,osts in connection 1ith the a//airs o/ the &nion or o/ any !tate or o/ any local or other a thority 1ithin the territory o/ India or nder the control o/ the $overnment o/ India or o/ any cor,oration o1ned or controlled by the $overnment7 9;: A la1 made nder cla se 94: may8 9a: ,rovide /or the establishment o/ an administrative trib nal /or the &nion and a se,arate administrative trib nal /or each !tate or /or t1o or more !tates9b: s,eci/y the H risdiction, ,o1ers 9incl ding the ,o1er to , nish /or contem,t: and a thority 1hich may be e0ercised by each o/ the said trib nals9c: ,rovide /or the ,roced re 9incl ding ,rovisions as to limitation and r les o/

evidence: to be /ollo1ed by the said trib nals9d: e0cl de the H risdiction o/ all co rts, e0ce,t the H risdiction o/ the ! ,reme %o rt nder article 4<C, 1ith res,ect to the dis, tes or com,laints re/erred to in cla se 94:9e: ,rovide /or the trans/er to each s ch administrative trib nal o/ any cases ,ending be/ore any co rt or other a thority immediately be/ore the establishment o/ s ch trib nal as 1o ld have been 1ithin the H risdiction o/ s ch trib nal i/ the ca ses o/ action on 1hich s ch s its or ,roceedings are based had arisen a/ter s ch establishment9/: re,eal or amend any order made by the President nder cla se 9<: o/ article <A4D9g: contain s ch s ,,lemental, incidental and conse= ential ,rovisions 9incl ding ,rovisions as to /ees: as Parliament may deem necessary /or the e//ective / nctioning o/, and /or the s,eedy dis,osal o/ cases by, and the en/orcement o/ the orders o/, s ch trib nals7 9<: The ,rovisions o/ this article shall have e//ect not1ithstanding anything in any other ,rovision o/ this %onstit tion or in any other la1 /or the time being in /orce7 <;<(7 Trib nals /or other matters78 94: The a,,ro,riate Legislat re may, by la1, ,rovide /or the adH dication or trial by trib nals o/ any dis, tes, com,laints, or o//ences 1ith res,ect to all or any o/ the matters s,eci/ied in cla se 9;: 1ith res,ect to 1hich s ch Legislat re has ,o1er to ma>e la1s7 9;: The matters re/erred to in cla se 94: are the /ollo1ing, namely*8 9a: levy, assessment, collection and en/orcement o/ any ta09b: /oreign e0change, im,ort and e0,ort across c stoms /rontiers9c: ind strial and labo r dis, tes9d: land re/orms by 1ay o/ ac= isition by the !tate o/ any estate as de/ined in article <4A or o/ any rights therein or the e0ting ishment or modi/ication o/ any s ch rights or by 1ay o/ ceiling on agric lt ral land or in any other 1ay9e: ceiling on rban ,ro,erty9/: elections to either Ho se o/ Parliament or the Ho se or either Ho se o/ the Legislat re o/ a !tate, b t e0cl ding the matters re/erred to in article <;5 and article <;5A9g: ,rod ction, ,roc rement, s ,,ly and distrib tion o/ /ood3st //s 9incl ding edible oilseeds and oils: and s ch other goods as the President may, by , blic noti/ication, declare to be essential goods /or the , r,ose o/ this article and control o/ ,rices o/ s ch goods9h: rent, its reg lation and control and tenancy iss es incl ding the right, title and interest o/ landlords and tenants9i: o//ences against la1s 1ith res,ect to any o/ the matters s,eci/ied in s b3cla ses 9a: to 9h: and /ees in res,ect o/ any o/ those matters9H: any matter incidental to any o/ the matters s,eci/ied in s b3cla ses 9a: to 9i:7 9<: A la1 made nder cla se 94: may8 9a: ,rovide /or the establishment o/ a hierarchy o/ trib nals9b: s,eci/y the H risdiction, ,o1ers 9incl ding the ,o1er to , nish /or contem,t: and a thority 1hich may be e0ercised by each o/ the said trib nals9c: ,rovide /or the ,roced re 9incl ding ,rovisions as to limitation and r les o/ evidence: to be /ollo1ed by the said trib nals-

9d: e0cl de the H risdiction o/ all co rts, e0ce,t the H risdiction o/ the ! ,reme %o rt nder article 4<C, 1ith res,ect to all or any o/ the matters /alling 1ithin the H risdiction o/ the said trib nals9e: ,rovide /or the trans/er to each s ch trib nal o/ any cases ,ending be/ore any co rt or any other a thority immediately be/ore the establishment o/ s ch trib nal as 1o ld have been 1ithin the H risdiction o/ s ch trib nal i/ the ca ses o/ action on 1hich s ch s its or ,roceedings are based had arisen a/ter s ch establishment9/: contain s ch s ,,lemental, incidental and conse= ential ,rovisions 9incl ding ,rovisions as to /ees: as the a,,ro,riate Legislat re may deem necessary /or the e//ective / nctioning o/, and /or the s,eedy dis,osal o/ cases by, and the en/orcement o/ the orders o/, s ch trib nals7 96: The ,rovisions o/ this article shall have e//ect not1ithstanding anything in any other ,rovision o/ this %onstit tion or in any other la1 /or the time being in /orce7 E0,lanation78In this article, Da,,ro,riate Legislat reI, in relation to any matter, means Parliament or, as the case may be, a !tate Legislat re com,etent to ma>e la1s 1ith res,ect to s ch matter in accordance 1ith the ,rovisions o/ Part OI7

PART XV ELECTIONS
<;67 ! ,erintendence, direction and control o/ elections to be vested in an Election %ommission78 94: The s ,erintendence, direction and control o/ the ,re,aration o/ the electoral rolls /or, and the cond ct o/, all elections to Parliament and to the Legislat re o/ every !tate and o/ elections to the o//ices o/ President and "ice3 President held nder this %onstit tion shall be vested in a %ommission 9re/erred to in this %onstit tion as the Election %ommission:7 9;: The Election %ommission shall consist o/ the %hie/ Election %ommissioner and s ch n mber o/ other Election %ommissioners, i/ any, as the President may /rom time to time /i0 and the a,,ointment o/ the %hie/ Election %ommissioner and other Election %ommissioners shall, s bHect to the ,rovisions o/ any la1 made in that behal/ by Parliament, be made by the President7 9<: When any other Election %ommissioner is so a,,ointed the %hie/ Election %ommissioner shall act as the %hairman o/ the Election %ommission7 96: (e/ore each general election to the Ho se o/ the Peo,le and to the Legislative Assembly o/ each !tate, and be/ore the /irst general election and therea/ter be/ore each biennial election to the Legislative %o ncil o/ each !tate having s ch %o ncil, the President may also a,,oint a/ter cons ltation 1ith the Election %ommission s ch #egional %ommissioners as he may consider necessary to assist the Election %ommission in the ,er/ormance o/ the / nctions con/erred on the %ommission by cla se 94:7 9B: ! bHect to the ,rovisions o/ any la1 made by Parliament, the conditions o/ service and ten re o/ o//ice o/ the Election %ommissioners and the #egional %ommissioners shall be s ch as the President may by r le determine* Provided that the %hie/ Election %ommissioner shall not be removed /rom his o//ice e0ce,t in li>e manner and on the li>e gro nds as a + dge o/ the ! ,reme %o rt and the conditions o/ service o/ the %hie/ Election %ommissioner shall not be varied to his disadvantage a/ter his a,,ointment*

Provided / rther that any other Election %ommissioner or a #egional %ommissioner shall not be removed /rom o//ice e0ce,t on the recommendation o/ the %hie/ Election %ommissioner7 9C: The President, or the $overnor o/ a !tate, shall, 1hen so re= ested by the Election %ommission, ma>e available to the Election %ommission or to a #egional %ommissioner s ch sta// as may be necessary /or the discharge o/ the / nctions con/erred on the Election %ommission by cla se 94:7 <;B7 No ,erson to be ineligible /or incl sion in, or to claim to be incl ded in a s,ecial, electoral roll on gro nds o/ religion, race, caste or se078 There shall be one general electoral roll /or every territorial constit ency /or election to either Ho se o/ Parliament or to the Ho se or either Ho se o/ the Legislat re o/ a !tate and no ,erson shall be ineligible /or incl sion in any s ch roll or claim to be incl ded in any s,ecial electoral roll /or any s ch constit ency on gro nds only o/ religion, race, caste, se0 or any o/ them7 <;C7 Elections to the Ho se o/ the Peo,le and to the Legislative Assemblies o/ !tates to be on the basis o/ ad lt s //rage78 The elections to the Ho se o/ the Peo,le and to the Legislative Assembly o/ every !tate shall be on the basis o/ ad lt s //rage- that is to say, every ,erson 1ho is a citi)en o/ India and 1ho is not less than eighteen years o/ age on s ch date as may be /i0ed in that behal/ by or nder any la1 made by the a,,ro,riate Legislat re and is not other1ise dis= ali/ied nder this %onstit tion or any la1 made by the a,,ro,riate Legislat re on the gro nd o/ non3residence, nso ndness o/ mind, crime or corr ,t or illegal ,ractice, shall be entitled to be registered as a voter at any s ch election7 <;A7 Po1er o/ Parliament to ma>e ,rovision 1ith res,ect to elections to Legislat res7 8 ! bHect to the ,rovisions o/ this %onstit tion, Parliament may /rom time to time by la1 ma>e ,rovision 1ith res,ect to all matters relating to, or in connection 1ith, elections to either Ho se o/ Parliament or to the Ho se or either Ho se o/ the Legislat re o/ a !tate incl ding the ,re,aration o/ electoral rolls, the delimitation o/ constit encies and all other matters necessary /or sec ring the d e constit tion o/ s ch Ho se or Ho ses7 <;F7 Po1er o/ Legislat re o/ a !tate to ma>e ,rovision 1ith res,ect to elections to s ch Legislat re78! bHect to the ,rovisions o/ this %onstit tion and in so /ar as ,rovision in that behal/ is not made by Parliament, the Legislat re o/ a !tate may /rom time to time by la1 ma>e ,rovision 1ith res,ect to all matters relating to, or in connection 1ith, the elections to the Ho se or either Ho se o/ the Legislat re o/ the !tate incl ding the ,re,aration o/ electoral rolls and all other matters necessary /or sec ring the d e constit tion o/ s ch Ho se or Ho ses7 <;57 (ar to inter/erence by co rts in electoral matters78Not1ithstanding anything in this %onstit tion8 9a: the validity o/ any la1 relating to the delimitation o/ constit encies or the allotment o/ seats to s ch constit encies, made or , r,orting to be made nder article <;A or article <;F, shall not be called in = estion in any co rt9b: no election to either Ho se o/ Parliament or to the Ho se or either Ho se o/ the Legislat re o/ a !tate shall be called in = estion e0ce,t by an election ,etition ,resented to s ch a thority and in s ch manner as may be ,rovided /or by or nder

any la1 made by the a,,ro,riate Legislat re7 <;5A7 ?!,ecial ,rovision as to elections to Parliament in the case o/ Prime 'inister and !,ea>er7@ #e,7 by the %onstit tion 9Forty3/o rth Amendment: Act, 45AF, s7 <C 917e7/7 ;G3C345A5:7

Par XVI S!e"#al !r$%#&#$n& Rela #n' $ Cer a#n Cla&&e&


<<G7 #eservation o/ seats /or !ched led %astes and !ched led Tribes in the Ho se o/ the Peo,le7894: !eats shall be reserved in the Ho se o/ the Peo,le /or 8 9a: the !ched led %astes9b: the !ched led Tribes e0ce,t the !ched led Tribes in the a tonomo s districts o/ Assam- and 9c: the !ched led Tribes in the a tonomo s districts o/ Assam7 9;: The n mber o/ seats reserved in any !tate or &nion territory /or the !ched led %astes or the !ched led Tribes nder cla se 94: shall bear, as nearly as may be, the same ,ro,ortion to the total n mber o/ seats allotted to that !tate or &nion territory in the Ho se o/ the Peo,le as the ,o, lation o/ the !ched led %astes in the !tate or &nion territory or o/ the !ched led Tribes in the !tate or &nion territory or ,art o/ the !tate or &nion territory, as the case may be, in res,ect o/ 1hich seats are so reserved, bears to the total ,o, lation o/ the !tate or &nion territory7 9<: Not1ithstanding anything contained in cla se 9;:, the n mber o/ seats reserved in the Ho se o/ the Peo,le /or the !ched led Tribes in the a tonomo s districts o/ Assam shall bear to the total n mber o/ seats allotted to that !tate a ,ro,ortion not less than the ,o, lation o/ the !ched led Tribes in the said a tonomo s districts bears to the total ,o, lation o/ the !tate7 E0,lanation7 8In this article and in article <<;, the e0,ression D,o, lationI means the ,o, lation as ascertained at the last ,receding cens s o/ 1hich the relevant /ig res have been , blished* Provided that the re/erence in this E0,lanation to the last ,receding cens s o/ 1hich the relevant /ig res have been , blished shall, ntil the relevant /ig res /or the /irst cens s ta>en a/ter the year ;G;C have been , blished, be constr ed as a re/erence to the ;GG4 cens s7 <<47 #e,resentation o/ the Anglo3Indian %omm nity in the Ho se o/ the Peo,le78 Not1ithstanding anything in article F4, the President may, i/ he is o/ o,inion that the Anglo3Indian comm nity is not ade= ately re,resented in the Ho se o/ the Peo,le, nominate not more than t1o members o/ that comm nity to the Ho se o/ the Peo,le7 <<;7 #eservation o/ seats /or !ched led %astes and !ched led Tribes in the Legislative Assemblies o/ the !tates78 94: !eats shall be reserved /or the !ched led %astes and the !ched led Tribes, e0ce,t the !ched led Tribes in the a tonomo s districts o/ Assam, in the Legislative Assembly o/ every !tate7 9;: !eats shall be reserved also /or the a tonomo s districts in the Legislative Assembly o/ the !tate o/ Assam7 9<: The n mber o/ seats reserved /or the !ched led %astes or the !ched led Tribes in the Legislative Assembly o/ any !tate nder cla se 94: shall bear, as nearly as may be, the same ,ro,ortion to the total n mber o/ seats in the Assembly as the ,o, lation o/ the !ched led %astes in the !tate or o/ the !ched led Tribes in the !tate or ,art o/

the !tate, as the case may be, in res,ect o/ 1hich seats are so reserved, bears to the total ,o, lation o/ the !tate7 9<A: Not1ithstanding anything contained in cla se 9<:, ntil the ta>ing e//ect, nder article 4AG, o/ the re3adH stment, on the basis o/ the /irst cens s a/ter the year ;G;C, o/ the n mber o/ seats in the Legislative Assemblies o/ the !tates o/ Ar nachal Pradesh, 'eghalaya, 'i)oram and Nagaland, the seats 1hich shall be reserved /or the !ched led Tribes in the Legislative Assembly o/ any s ch !tate shall be,8 9a: i/ all the seats in the Legislative Assembly o/ s ch !tate in e0istence on the date o/ coming into /orce o/ the %onstit tion 9Fi/ty3seventh Amendment: Act, 45FA 9herea/ter in this cla se re/erred to as the e0isting Assembly: are held by members o/ the !ched led Tribes, all the seats e0ce,t one9b: in any other case, s ch n mber o/ seats as bears to the total n mber o/ seats, a ,ro,ortion not less than the n mber 9as on the said date: o/ members belonging to the !ched led Tribes in the e0isting Assembly bears to the total n mber o/ seats in the e0isting Assembly7 9<(: Not1ithstanding anything contained in cla se 9<:, ntil the re3adH stment, nder article 4AG, ta>es e//ect on the basis o/ the /irst cens s a/ter the year ;G;C, o/ the n mber o/ seats in the Legislative Assembly o/ the !tate o/ Tri, ra, the seats 1hich shall be reserved /or the !ched led Tribes in the Legislative Assembly shall be, s ch n mber o/ seats as bears to the total n mber o/ seats, a ,ro,ortion not less than the n mber, as on the date o/ coming into /orce o/ the %onstit tion 9!eventy3second Amendment: Act, 455;, o/ members belonging to the !ched led Tribes in the Legislative Assembly in e0istence on the said date bears to the total n mber o/ seats in that Assembly7 96: The n mber o/ seats reserved /or an a tonomo s district in the Legislative Assembly o/ the !tate o/ Assam shall bear to the total n mber o/ seats in that Assembly a ,ro,ortion not less than the ,o, lation o/ the district bears to the total ,o, lation o/ the !tate7 9B: The constit encies /or the seats reserved /or any a tonomo s district o/ Assam shall not com,rise any area o tside that district7 9C: No ,erson 1ho is not a member o/ a !ched led Tribe o/ any a tonomo s district o/ the !tate o/ Assam shall be eligible /or election to the Legislative Assembly o/ the !tate /rom any constit ency o/ that district* Provided that /or elections to the Legislative Assembly o/ the !tate o/ Assam, the re,resentation o/ the !ched led Tribes and non3!ched led Tribes in the constit encies incl ded in the (odoland Territorial Areas District, so noti/ied, and e0isting ,rior to the constit tion o/ (odoland Territorial Areas District, shall be maintained7 <<<7 #e,resentation o/ the Anglo3Indian comm nity in the Legislative Assemblies o/ the !tates78 Not1ithstanding anything in article 4AG, the $overnor o/ a !tate may, i/ he is o/ o,inion that the Anglo3Indian comm nity needs re,resentation in the Legislative Assembly o/ the !tate and is not ade= ately re,resented therein, nominate one member o/ that comm nity to the Assembly7 <<67 #eservation o/ seats and s,ecial re,resentation to cease a/ter si0ty years78 Not1ithstanding anything in the /oregoing ,rovisions o/ this Part, the ,rovisions o/

this %onstit tion relating to8 9a: the reservation o/ seats /or the !ched led %astes and the !ched led Tribes in the Ho se o/ the Peo,le and in the Legislative Assemblies o/ the !tates- and 9b: the re,resentation o/ the Anglo3Indian comm nity in the Ho se o/ the Peo,le and in the Legislative Assemblies o/ the !tates by nomination, shall cease to have e//ect on the e0,iration o/ a ,eriod o/ si0ty years /rom the commencement o/ this %onstit tion* Provided that nothing in this article shall a//ect any re,resentation in the Ho se o/ the Peo,le or in the Legislative Assembly o/ a !tate ntil the dissol tion o/ the then e0isting Ho se or Assembly, as the case may be7 <<B7 %laims o/ !ched led %astes and !ched led Tribes to services and ,osts78The claims o/ the members o/ the !ched led %astes and the !ched led Tribes shall be ta>en into consideration, consistently 1ith the maintenance o/ e//iciency o/ administration, in the ma>ing o/ a,,ointments to services and ,osts in connection 1ith the a//airs o/ the &nion or o/ a !tate* Provided that nothing in this article shall ,revent in ma>ing o/ any ,rovision in /avo r o/ the members o/ the !ched led %astes and the !ched led Tribes /or rela0ation in = ali/ying mar>s in any e0amination or lo1ering the standards o/ eval ation, /or reservation in matters or ,romotion to any class or classes o/ services or ,osts in connection 1ith the a//airs o/ the &nion or o/ a !tate7 <<C7 !,ecial ,rovision /or Anglo3Indian comm nity in certain services78 94: D ring the /irst t1o years a/ter the commencement o/ this %onstit tion, a,,ointments o/ members o/ the Anglo3Indian comm nity to ,osts in the rail1ay, c stoms, ,ostal and telegra,h services o/ the &nion shall be made on the same basis as immediately be/ore the /i/teenth day o/ A g st, 456A7 D ring every s cceeding ,eriod o/ t1o years, the n mber o/ ,osts reserved /or the members o/ the said comm nity in the said services shall, as nearly as ,ossible, be less by ten ,er cent7 than the n mbers so reserved d ring the immediately ,receding ,eriod o/ t1o years* Provided that at the end o/ ten years /rom the commencement o/ this %onstit tion all s ch reservations shall cease7 9;: Nothing in cla se 94: shall bar the a,,ointment o/ members o/ the Anglo3Indian comm nity to ,osts other than, or in addition to, those reserved /or the comm nity nder that cla se i/ s ch members are /o nd = ali/ied /or a,,ointment on merit as com,ared 1ith the members o/ other comm nities7 <<A7 !,ecial ,rovision 1ith res,ect to ed cational grants /or the bene/it o/ Anglo3 Indian comm nity78 D ring the /irst three /inancial years a/ter the commencement o/ this %onstit tion, the same grants, i/ any, shall be made by the &nion and by each !tate /or the bene/it o/ the Anglo3Indian comm nity in res,ect o/ ed cation as 1ere made in the /inancial year ending on the thirty3/irst day o/ 'arch, 456F7 D ring every s cceeding ,eriod o/ three years the grants may be less by ten ,er cent7 than those /or the immediately ,receding ,eriod o/ three years * Provided that at the end o/ ten years /rom the commencement o/ this %onstit tion s ch grants, to the e0tent to 1hich they are a s,ecial concession to the Anglo3Indian comm nity, shall cease*

Provided / rther that no ed cational instit tion shall be entitled to receive any grant nder this article nless at least /orty ,er cent7 o/ the ann al admissions therein are made available to members o/ comm nities other than the Anglo3Indian comm nity7 <<F7 National %ommission /or !ched led %astes78 94: There shall be a %ommission /or the !ched led %astes to be >no1n as the National %ommission /or the !ched led %astes7 9;: ! bHect to the ,rovisions o/ any la1 made in this behal/ by Parliament, the %ommission shall consist o/ a %hair,erson, "ice3 %hair,erson and three other 'embers and the conditions o/ service and ten re o/ o//ice o/ the %hair,erson, "ice3 %hair,erson and other 'embers so a,,ointed shall be s ch as the President may by r le determine7 9<: The %hair,erson, "ice3%hair,erson and other 'embers o/ the %ommission shall be a,,ointed by the President by 1arrant nder his hand and seal7 96: The %ommission shall have the ,o1er to reg late its o1n ,roced re7 9B: It shall be the d ty o/ the %ommission8 9a: to investigate and monitor all matters relating to the sa/eg ards ,rovided /or the !ched led %astes nder this %onstit tion or nder any other la1 /or the time being in /orce or nder any order o/ the $overnment and to eval ate the 1or>ing o/ s ch sa/eg ards9b: to in= ire into s,eci/ic com,laints 1ith res,ect to the de,rivation o/ rights and sa/eg ards o/ the !ched led %astes9c: to ,artici,ate and advise on the ,lanning ,rocess o/ socio3economic develo,ment o/ the !ched led %astes and to eval ate the ,rogress o/ their develo,ment nder the &nion and any !tate9d: to ,resent to the President, ann ally and at s ch other times as the %ommission may deem /it, re,orts ,on the 1or>ing o/ those sa/eg ards9e: to ma>e in s ch re,orts recommendations as to the meas res that sho ld be ta>en by the &nion or any !tate /or the e//ective im,lementation o/ those sa/eg ards and other meas res /or the ,rotection, 1el/are and socio3economic develo,ment o/ the !ched led %astes - and 9/: to discharge s ch other / nctions in relation to the ,rotection, 1el/are and develo,ment and advancement o/ the !ched led %astes as the President may, s bHect to the ,rovisions o/ any la1 made by Parliament, by r le s,eci/y7 9C: The President shall ca se all s ch re,orts to be laid be/ore each Ho se o/ Parliament along 1ith a memorand m e0,laining the action ta>en or ,ro,osed to be ta>en on the recommendations relating to the &nion and the reasons /or the non3 acce,tance, i/ any, o/ any o/ s ch recommendations7 9A: Where any s ch re,ort, or any ,art thereo/, relates to any matter 1ith 1hich any !tate $overnment is concerned, a co,y o/ s ch re,ort shall be /or1arded to the $overnor o/ the !tate 1ho shall ca se it to be laid be/ore the Legislat re o/ the !tate along 1ith a memorand m e0,laining the action ta>en or ,ro,osed to be ta>en on the recommendations relating to the !tate and the reasons /or the non3acce,tance, i/ any, o/ any o/ s ch recommendations7 9F: The %ommission shall, 1hile investigating any matter re/erred to in s b3cla se 9a: or in= iring into any com,laint re/erred to in s b3cla se 9b: o/ cla se 9B:, have all the

,o1ers o/ a civil co rt trying a s it and in ,artic lar in res,ect o/ the /ollo1ing matters, namely *8 9a: s mmoning and en/orcing the attendance o/ any ,erson /rom any ,art o/ India and e0amining him on oath9b: re= iring the discovery and ,rod ction o/ any doc ment9c: receiving evidence on a//idavits9d: re= isitioning any , blic record or co,y thereo/ /rom any co rt or o//ice9e: iss ing commissions /or the e0amination o/ 1itnesses and doc ments9/: any other matter 1hich the President may, by r le, determine7 95: The &nion and every !tate $overnment shall cons lt the %ommission on all maHor ,olicy mattes a//ecting !ched led %astes7 94G: In this article, re/erences to the !ched led %astes shall be constr ed as incl ding re/erences to s ch other bac>1ard classes as the President may, on recei,t o/ the re,ort o/ a %ommission a,,ointed nder cla se 94: o/ article <6G, by order s,eci/y and also to the Anglo3Indian comm nity7 <<FA7 National %ommission /or !ched led Tribes7894: There shall be a %ommission /or the !ched led Tribes to be >no1n as the National %ommission /or the !ched led Tribes7 9;: ! bHect to the ,rovisions o/ any la1 made in this behal/ by Parliament, the %ommission shall consist o/ a %hair,erson, "ice3%hair,erson and three other 'embers and the conditions o/ service and ten re o/ o//ice o/ the %hair,erson, "ice3 %hair,erson and other 'embers so a,,ointed shall be s ch as the President by r le determine7 9<: The %hair,erson, "ice3%hair,erson and other 'embers o/ the %ommission shall be a,,ointed by the President by 1arrant nder his hand and seal7 96: The %ommission shall have the ,o1er to reg late its o1n ,roced re7 9B: It shall be the d ty o/ the %ommission8 9a: to investigate and monitor all matters relating to the sa/eg ards ,rovided /or the !ched led Tribes nder this %onstit tion or nder any other la1 /or the time being in /orce or nder any order o/ the $overnment and to eval ate the 1or>ing o/ s ch sa/eg ards9b: to in= ire into s,eci/ic com,laints 1ith res,ect to the de,rivation o/ rights and sa/eg ards o/ the !ched led Tribes9c: to ,artici,ate and advise on the ,lanning ,rocess o/ socio3economic develo,ment o/ the !ched led Tribes and to eval ate the ,rogress o/ their develo,ment nder the &nion and any !tate9d: to ,resent to the President, ann ally and at s ch other times as the %ommission may deem /it, re,orts ,on the 1or>ing o/ those sa/eg ards9e: to ma>e in s ch re,orts recommendation as to the meas res that sho ld be ta>en by the &nion or any !tate /or the e//ective im,lementation o/ those sa/eg ards and other meas res /or the ,rotection, 1el/are and socioeconomic develo,ment o/ the !ched led Tribes- and 9/: to discharge s ch other / nctions in relation to the ,rotection, 1el/are and develo,ment and advancement o/ the !ched led Tribes as the President may, s bHect to the ,rovisions o/ any la1 made by Parliament, by r le s,eci/y7

9C: The President shall ca se all s ch re,orts to be laid be/ore each Ho se o/ Parliament along 1ith a memorand m e0,laining the action ta>en or ,ro,osed to be ta>en on the recommendations relating to the &nion and the reasons /or the non3 acce,tance, i/ any, o/ any s ch recommendations7 9A: Where any s ch re,ort, or any ,art thereo/, relates to any matter 1ith 1hich any !tate $overnment is concerned, a co,y o/ s ch re,ort shall be /or1arded to the $overnor o/ the !tate 1ho shall ca se it to be laid be/ore the Legislat re o/ the !tate along 1ith a memorand m e0,laining the action ta>en or ,ro,osed to be ta>en on the recommendations relating to the !tate and the reasons /or the non3acce,tance, i/ any, o/ any o/ s ch recommendations7 9F: The %ommission shall, 1hile investigating any matter re/erred to in s b3cla se 9a: or in= iring into any com,laint re/erred to in s b3cla se 9b: o/ cla se 9B:, have all the ,o1ers o/ a civil co rt trying a s it and in ,artic lar in res,ect o/ the /ollo1ing matters, namely* 8 9a: s mmoning and en/orcing the attendance o/ any ,erson /rom any ,art o/ India and e0amining him on oath9b: re= iring the discovery and ,rod ction o/ any doc ment9c: receiving evidence on a//idavits9d: re= isitioning any , blic record or co,y thereo/ /rom any co rt or o//ice9e: iss ing commissions /or the e0amination o/ 1itnesses and doc ments9/: any other matter 1hich the President may, by r le, determine7 95: The &nion and every !tate $overnment shall cons lt the %ommission on all maHor ,olicy matters a//ecting !ched led Tribes7 <<57 %ontrol o/ the &nion over the administration o/ !ched led Areas and the 1el/are o/ !ched led Tribes7894: The President may at any time and shall, at the e0,iration o/ ten years /rom the commencement o/ this %onstit tion by order a,,oint a %ommission to re,ort on the administration o/ the !ched led Areas and the 1el/are o/ the !ched led Tribes in the !tates7 The order may de/ine the com,osition, ,o1ers and ,roced re o/ the %ommission and may contain s ch incidental or ancillary ,rovisions as the President may consider necessary or desirable7 9;: The e0ec tive ,o1er o/ the &nion shall e0tend to the giving o/ directions to a !tate as to the dra1ing , and e0ec tion o/ schemes s,eci/ied in the direction to be essential /or the 1el/are o/ the !ched led Tribes in the !tate7 <6G7 A,,ointment o/ a %ommission to investigate the conditions o/ bac>1ard classes7 894: The President may by order a,,oint a %ommission consisting o/ s ch ,ersons as he thin>s /it to investigate the conditions o/ socially and ed cationally bac>1ard classes 1ithin the territory o/ India and the di//ic lties nder 1hich they labo r and to ma>e recommendations as to the ste,s that sho ld be ta>en by the &nion or any !tate to remove s ch di//ic lties and to im,rove their condition and as to the grants that sho ld be made /or the , r,ose by the &nion or any !tate and the conditions s bHect to 1hich s ch grants sho ld be made, and the order a,,ointing s ch %ommission shall de/ine the ,roced re to be /ollo1ed by the %ommission7 9;: A %ommission so a,,ointed shall investigate the matters re/erred to them and

,resent to the President a re,ort setting o t the /acts as /o nd by them and ma>ing s ch recommendations as they thin> ,ro,er7 9<: The President shall ca se a co,y o/ the re,ort so ,resented together 1ith a memorand m e0,laining the action ta>en thereon to be laid be/ore each Ho se o/ Parliament7 <647 !ched led %astes7894: The President may 1ith res,ect to any !tate or &nion territory, and 1here it is a !tate, a/ter cons ltation 1ith the $overnor thereo/, by , blic noti/ication, s,eci/y the castes, races or tribes or ,arts o/ or gro ,s 1ithin castes, races or tribes 1hich shall /or the , r,oses o/ this %onstit tion be deemed to be !ched led %astes in relation to that !tate or &nion territory, as the case may be7 9;: Parliament may by la1 incl de in or e0cl de /rom the list o/ !ched led %astes s,eci/ied in a noti/ication iss ed nder cla se 94: any caste, race or tribe or ,art o/ or gro , 1ithin any caste, race or tribe, b t save as a/oresaid a noti/ication iss ed nder the said cla se shall not be varied by any s bse= ent noti/ication7 <6;7 !ched led Tribes7894: The President may 1ith res,ect to any !tate or &nion territory, and 1here it is a !tate, a/ter cons ltation 1ith the $overnor thereo/, by , blic noti/ication, s,eci/y the tribes or tribal comm nities or ,arts o/ or gro ,s 1ithin tribes or tribal comm nities 1hich shall /or the , r,oses o/ this %onstit tion be deemed to be !ched led Tribes in relation to that !tate or &nion territory, as the case may be7 9;: Parliament may by la1 incl de in or e0cl de /rom the list o/ !ched led Tribes s,eci/ied in a noti/ication iss ed nder cla se 94: any tribe or tribal comm nity or ,art o/ or gro , 1ithin any tribe or tribal comm nity, b t save as a/oresaid a noti/ication iss ed nder the said cla se shall not be varied by any s bse= ent noti/ication7

PART XVII OFFICIAL LANGUAGE


%ha,ter I78Lang age o/ the &nion <6<7 O//icial lang age o/ the &nion7894: The o//icial lang age o/ the &nion shall be Hindi in Devanagari scri,t7 The /orm o/ n merals to be sed /or the o//icial , r,oses o/ the &nion shall be the international /orm o/ Indian n merals7 9;: Not1ithstanding anything in cla se 94:, /or a ,eriod o/ /i/teen years /rom the commencement o/ this %onstit tion, the English lang age shall contin e to be sed /or all the o//icial , r,oses o/ the &nion /or 1hich it 1as being sed immediately be/ore s ch commencement* Provided that the President may, d ring the said ,eriod, by order a thorise the se o/ the Hindi lang age in addition to the English lang age and o/ the Devanagari /orm o/ n merals in addition to the international /orm o/ Indian n merals /or any o/ the o//icial , r,oses o/ the &nion7 9<: Not1ithstanding anything in this article, Parliament may by la1 ,rovide /or the se, a/ter the said ,eriod o/ /i/teen years, o/8 9a: the English lang age, or 9b: the Devanagari /orm o/ n merals,

/or s ch , r,oses as may be s,eci/ied in the la17 <667 %ommission and %ommittee o/ Parliament on o//icial lang age7894: The President shall, at the e0,iration o/ /ive years /rom the commencement o/ this %onstit tion and therea/ter at the e0,iration o/ ten years /rom s ch commencement, by order constit te a %ommission 1hich shall consist o/ a %hairman and s ch other members re,resenting the di//erent lang ages s,eci/ied in the Eighth !ched le as the President may a,,oint, and the order shall de/ine the ,roced re to be /ollo1ed by the %ommission7 9;: It shall be the d ty o/ the %ommission to ma>e recommendations to the President as to8 9a: the ,rogressive se o/ the Hindi lang age /or the o//icial , r,oses o/ the &nion9b: restrictions on the se o/ the English lang age /or all or any o/ the o//icial , r,oses o/ the &nion9c: the lang age to be sed /or all or any o/ the , r,oses mentioned in article <6F9d: the /orm o/ n merals to be sed /or any one or more s,eci/ied , r,oses o/ the &nion9e: any other matter re/erred to the %ommission by the President as regards the o//icial lang age o/ the &nion and the lang age /or comm nication bet1een the &nion and a !tate or bet1een one !tate and another and their se7 9<: In ma>ing their recommendations nder cla se 9;:, the %ommission shall have d e regard to the ind strial, c lt ral and scienti/ic advancement o/ India, and the H st claims and the interests o/ ,ersons belonging to the non3Hindi s,ea>ing areas in regard to the , blic services7 96: There shall be constit ted a %ommittee consisting o/ thirty members, o/ 1hom t1enty shall be members o/ the Ho se o/ the Peo,le and ten shall be members o/ the %o ncil o/ !tates to be elected res,ectively by the members o/ the Ho se o/ the Peo,le and the members o/ the %o ncil o/ !tates in accordance 1ith the system o/ ,ro,ortional re,resentation by means o/ the single trans/erable vote7 9B: It shall be the d ty o/ the %ommittee to e0amine the recommendations o/ the %ommission constit ted nder cla se 94: and to re,ort to the President their o,inion thereon7 9C: Not1ithstanding anything in article <6<, the President may, a/ter consideration o/ the re,ort re/erred to in cla se 9B:, iss e directions in accordance 1ith the 1hole or any ,art o/ that re,ort7 %ha,ter II78#egional Lang ages <6B7 O//icial lang age or lang ages o/ a !tate78! bHect to the ,rovisions o/ articles <6C and <6A, the Legislat re o/ a !tate may by la1 ado,t any one or more o/ the lang ages in se in the !tate or Hindi as the lang age or lang ages to be sed /or all or any o/ the o//icial , r,oses o/ that !tate* Provided that, ntil the Legislat re o/ the !tate other1ise ,rovides by la1, the English lang age shall contin e to be sed /or those o//icial , r,oses 1ithin the !tate /or 1hich it 1as being sed immediately be/ore the commencement o/ this %onstit tion7 <6C7 O//icial lang age /or comm nication bet1een one !tate and another or bet1een a !tate and the &nion78The lang age /or the time being a thorised /or se in the

&nion /or o//icial , r,oses shall be the o//icial lang age /or comm nication bet1een one !tate and another !tate and bet1een a !tate and the &nion* Provided that i/ t1o or more !tates agree that the Hindi lang age sho ld be the o//icial lang age /or comm nication bet1een s ch !tates, that lang age may be sed /or s ch comm nication7 <6A7 !,ecial ,rovision relating to lang age s,o>en by a section o/ the ,o, lation o/ a !tate78On a demand being made in that behal/ the President may, i/ he is satis/ied that a s bstantial ,ro,ortion o/ the ,o, lation o/ a !tate desire the se o/ any lang age s,o>en by them to be recognised by that !tate, direct that s ch lang age shall also be o//icially recognised thro gho t that !tate or any ,art thereo/ /or s ch , r,ose as he may s,eci/y7 %ha,ter III78Lang age o/ the ! ,reme %o rt, High %o rts, etc7 <6F7 Lang age to be sed in the ! ,reme %o rt and in the High %o rts and /or Acts, (ills, etc7894: Not1ithstanding anything in the /oregoing ,rovisions o/ this Part, ntil Parliament by la1 other1ise ,rovides8 9a: all ,roceedings in the ! ,reme %o rt and in every High %o rt, 9b: the a thoritative te0ts8 9i: o/ all (ills to be introd ced or amendments thereto to be moved in either Ho se o/ Parliament or in the Ho se or either Ho se o/ the Legislat re o/ a !tate, 9ii: o/ all Acts ,assed by Parliament or the Legislat re o/ a !tate and o/ all Ordinances ,rom lgated by the President or the $overnor o/ a !tate, and 9iii: o/ all orders, r les, reg lations and bye3la1s iss ed nder this %onstit tion or nder any la1 made by Parliament or the Legislat re o/ a !tate, shall be in the English lang age7 9;: Not1ithstanding anything in s b3cla se 9a: o/ cla se 94:, the $overnor o/ a !tate may, 1ith the ,revio s consent o/ the President, a thorise the se o/ the Hindi lang age, or any other lang age sed /or any o//icial , r,oses o/ the !tate, in ,roceedings in the High %o rt having its ,rinci,al seat in that !tate* Provided that nothing in this cla se shall a,,ly to any H dgment, decree or order ,assed or made by s ch High %o rt7 9<: Not1ithstanding anything in s b3cla se 9b: o/ cla se 94:, 1here the Legislat re o/ a !tate has ,rescribed any lang age other than the English lang age /or se in (ills introd ced in, or Acts ,assed by, the Legislat re o/ the !tate or in Ordinances ,rom lgated by the $overnor o/ the !tate or in any order, r le, reg lation or bye3la1 re/erred to in ,aragra,h 9iii: o/ that s b3cla se, a translation o/ the same in the English lang age , blished nder the a thority o/ the $overnor o/ the !tate in the O//icial $a)ette o/ that !tate shall be deemed to be the a thoritative te0t thereo/ in the English lang age nder this article7 <657 !,ecial ,roced re /or enactment o/ certain la1s relating to lang age78D ring the ,eriod o/ /i/teen years /rom the commencement o/ this %onstit tion, no (ill or amendment ma>ing ,rovision /or the lang age to be sed /or any o/ the , r,oses mentioned in cla se 94: o/ article <6F shall be introd ced or moved in either Ho se o/ Parliament 1itho t the ,revio s sanction o/ the President, and the President shall not give his sanction to the introd ction o/ any s ch (ill or the moving o/ any s ch

amendment e0ce,t a/ter he has ta>en into consideration the recommendations o/ the %ommission constit ted nder cla se 94: o/ article <66 and the re,ort o/ the %ommittee constit ted nder cla se 96: o/ that article7 %ha,ter I"78!,ecial Directives <BG7 Lang age to be sed in re,resentations /or redress o/ grievances78Every ,erson shall be entitled to s bmit a re,resentation /or the redress o/ any grievance to any o//icer or a thority o/ the &nion or a !tate in any o/ the lang ages sed in the &nion or in the !tate, as the case may be7 <BGA7 Facilities /or instr ction in mother3tong e at ,rimary stage78It shall be the endeavo r o/ every !tate and o/ every local a thority 1ithin the !tate to ,rovide ade= ate /acilities /or instr ction in the mother3tong e at the ,rimary stage o/ ed cation to children belonging to ling istic minority gro ,s- and the President may iss e s ch directions to any !tate as he considers necessary or ,ro,er /or sec ring the ,rovision o/ s ch /acilities7 <BG(7 !,ecial O//icer /or ling istic minorities7894: There shall be a !,ecial O//icer /or ling istic minorities to be a,,ointed by the President7 9;: It shall be the d ty o/ the !,ecial O//icer to investigate all matters relating to the sa/eg ards ,rovided /or ling istic minorities nder this %onstit tion and re,ort to the President ,on those matters at s ch intervals as the President may direct, and the President shall ca se all s ch re,orts to be laid be/ore each Ho se o/ Parliament, and sent to the $overnments o/ the !tates concerned7 <B47 Directive /or develo,ment o/ the Hindi lang age78It shall be the d ty o/ the &nion to ,romote the s,read o/ the Hindi lang age, to develo, it so that it may serve as a medi m o/ e0,ression /or all the elements o/ the com,osite c lt re o/ India and to sec re its enrichment by assimilating 1itho t inter/ering 1ith its geni s, the /orms, style and e0,ressions sed in Hind stani and in the other lang ages o/ India s,eci/ied in the Eighth !ched le, and by dra1ing, 1herever necessary or desirable, /or its vocab lary, ,rimarily on !ans>rit and secondarily on other lang ages7

PART XVIII EMERGENCY PROVISIONS


<B;7 Proclamation o/ Emergency7894: I/ the President is satis/ied that a grave emergency e0ists 1hereby the sec rity o/ India or o/ any ,art o/ the territory thereo/ is threatened, 1hether by 1ar or e0ternal aggression or armed rebellion, he may, by Proclamation, ma>e a declaration to that e//ect in res,ect o/ the 1hole o/ India or o/ s ch ,art o/ the territory thereo/ as may be s,eci/ied in the Proclamation7 E0,lanation78A Proclamation o/ Emergency declaring that the sec rity o/ India or any ,art o/ the territory thereo/ is threatened by 1ar or by e0ternal aggression or by armed rebellion may be made be/ore the act al occ rrence o/ 1ar or o/ any s ch aggression or rebellion, i/ the President is satis/ied that there is imminent danger thereo/7 9;: A Proclamation iss ed nder cla se 94: may be varied or revo>ed by a s bse= ent Proclamation7 9<: The President shall not iss e a Proclamation nder cla se 94: or a Proclamation varying s ch Proclamation nless the decision o/ the &nion %abinet 9that is to say,

the %o ncil consisting o/ the Prime 'inister and other 'inisters o/ %abinet ran> a,,ointed nder article AB: that s ch a Proclamation may be iss ed has been comm nicated to him in 1riting7 96: Every Proclamation iss ed nder this article shall be laid be/ore each Ho se o/ Parliament and shall, e0ce,t 1here it is a Proclamation revo>ing a ,revio s Proclamation, cease to o,erate at the e0,iration o/ one month nless be/ore the e0,iration o/ that ,eriod it has been a,,roved by resol tions o/ both Ho ses o/ Parliament* Provided that i/ any s ch Proclamation 9not being a Proclamation revo>ing a ,revio s Proclamation: is iss ed at a time 1hen the Ho se o/ the Peo,le has been dissolved, or the dissol tion o/ the Ho se o/ the Peo,le ta>es ,lace d ring the ,eriod o/ one month re/erred to in this cla se, and i/ a resol tion a,,roving the Proclamation has been ,assed by the %o ncil o/ !tates, b t no resol tion 1ith res,ect to s ch Proclamation has been ,assed by the Ho se o/ the Peo,le be/ore the e0,iration o/ that ,eriod, the Proclamation shall cease to o,erate at the e0,iration o/ thirty days /rom the date on 1hich the Ho se o/ the Peo,le /irst sits a/ter its reconstit tion, nless be/ore the e0,iration o/ the said ,eriod o/ thirty days a resol tion a,,roving the Proclamation has been also ,assed by the Ho se o/ the Peo,le7 9B: A Proclamation so a,,roved shall, nless revo>ed, cease to o,erate on the e0,iration o/ a ,eriod o/ si0 months /rom the date o/ the ,assing o/ the second o/ the resol tions a,,roving the Proclamation nder cla se 96:* Provided that i/ and so o/ten as a resol tion a,,roving the contin ance in /orce o/ s ch a Proclamation is ,assed by both Ho ses o/ Parliament the Proclamation shall, nless revo>ed, contin e in /orce /or a / rther ,eriod o/ si0 months /rom the date on 1hich it 1o ld other1ise have ceased to o,erate nder this cla se* Provided / rther that i/ the dissol tion o/ the Ho se o/ the Peo,le ta>es ,lace d ring any s ch ,eriod o/ si0 months and a resol tion a,,roving the contin ance in /orce o/ s ch Proclamation has been ,assed by the %o ncil o/ !tates b t no resol tion 1ith res,ect to the contin ance in /orce o/ s ch Proclamation has been ,assed by the Ho se o/ the Peo,le d ring the said ,eriod, the Proclamation shall cease to o,erate at the e0,iration o/ thirty days /rom the date on 1hich the Ho se o/ the Peo,le /irst sits a/ter its reconstit tion nless be/ore the e0,iration o/ the said ,eriod o/ thirty days, a resol tion a,,roving the contin ance in /orce o/ the Proclamation has been also ,assed by the Ho se o/ the Peo,le7 9C: For the , r,oses o/ cla ses 96: and 9B:, a resol tion may be ,assed by either Ho se o/ Parliament only by a maHority o/ the total membershi, o/ that Ho se and by a maHority o/ not less than t1o3thirds o/ the 'embers o/ that Ho se ,resent and voting7 9A: Not1ithstanding anything contained in the /oregoing cla ses, the President shall revo>e a Proclamation iss ed nder cla se 94: or a Proclamation varying s ch Proclamation i/ the Ho se o/ the Peo,le ,asses a resol tion disa,,roving, or, as the case may be, disa,,roving the contin ance in /orce o/, s ch Proclamation7 9F: Where a notice in 1riting signed by not less than one3tenth o/ the total n mber o/ members o/ the Ho se o/ the Peo,le has been given, o/ their intention to move a resol tion /or disa,,roving, or, as the case may be, /or disa,,roving the contin ance

in /orce o/, a Proclamation iss ed nder cla se 94: or a Proclamation varying s ch Proclamation,8 9a: to the !,ea>er, i/ the Ho se is in session- or 9b: to the President, i/ the Ho se is not in session, a s,ecial sitting o/ the Ho se shall be held 1ithin /o rteen days /rom the date on 1hich s ch notice is received by the !,ea>er, or, as the case may be, by the President, /or the , r,ose o/ considering s ch resol tion7 95: The ,o1er con/erred on the President by this article shall incl de the ,o1er to iss e di//erent Proclamations on di//erent gro nds, being 1ar or e0ternal aggression or armed rebellion or imminent danger o/ 1ar or e0ternal aggression or armed rebellion, 1hether or not there is a Proclamation already iss ed by the President nder cla se 94: and s ch Proclamation is in o,eration7 J J J J J <B<7 E//ect o/ Proclamation o/ Emergency78While a Proclamation o/ Emergency is in o,eration, then8 9a: not1ithstanding anything in this %onstit tion, the e0ec tive ,o1er o/ the &nion shall e0tend to the giving o/ directions to any !tate as to the manner in 1hich the e0ec tive ,o1er thereo/ is to be e0ercised9b: the ,o1er o/ Parliament to ma>e la1s 1ith res,ect to any matter shall incl de ,o1er to ma>e la1s con/erring ,o1ers and im,osing d ties, or a thorising the con/erring o/ ,o1ers and the im,osition o/ d ties, ,on the &nion or o//icers and a thorities o/ the &nion as res,ects that matter, not1ithstanding that it is one 1hich is not en merated in the &nion List* Provided that 1here a Proclamation o/ Emergency is in o,eration only in any ,art o/ the territory o/ India,8 9i: the e0ec tive ,o1er o/ the &nion to give directions nder cla se 9a:, and 9ii: the ,o1er o/ Parliament to ma>e la1s nder cla se 9b:, shall also e0tend to any !tate other than a !tate in 1hich or in any ,art o/ 1hich the Proclamation o/ Emergency is in o,eration i/ and in so /ar as the sec rity o/ India or any ,art o/ the territory thereo/ is threatened by activities in or in relation to the ,art o/ the territory o/ India in 1hich the Proclamation o/ Emergency is in o,eration7 <B67 A,,lication o/ ,rovisions relating to distrib tion o/ reven es 1hile a Proclamation o/ Emergency is in o,eration7894: The President may, 1hile a Proclamation o/ Emergency is in o,eration, by order direct that all or any o/ the ,rovisions o/ articles ;CF to ;A5 shall /or s ch ,eriod, not e0tending in any case beyond the e0,iration o/ the /inancial year in 1hich s ch Proclamation ceases to o,erate, as may be s,eci/ied in the order, have e//ect s bHect to s ch e0ce,tions or modi/ications as he thin>s /it7 9;: Every order made nder cla se 94: shall, as soon as may be a/ter it is made, be laid be/ore each Ho se o/ Parliament7 <BB7 D ty o/ the &nion to ,rotect !tates against e0ternal aggression and internal dist rbance78It shall be the d ty o/ the &nion to ,rotect every !tate against e0ternal aggression and internal dist rbance and to ens re that the government o/ every !tate is carried on in accordance 1ith the ,rovisions o/ this %onstit tion7 <BC7 Provisions in case o/ /ail re o/ constit tional machinery in !tates7894: I/ the

President, on recei,t o/ a re,ort /rom the $overnor o/ a !tate or other1ise, is satis/ied that a sit ation has arisen in 1hich the $overnment o/ the !tate cannot be carried on in accordance 1ith the ,rovisions o/ this %onstit tion, the President may by Proclamation8 9a: ass me to himsel/ all or any o/ the / nctions o/ the $overnment o/ the !tate and all or any o/ the ,o1ers vested in or e0ercisable by the $overnor or any body or a thority in the !tate other than the Legislat re o/ the !tate9b: declare that the ,o1ers o/ the Legislat re o/ the !tate shall be e0ercisable by or nder the a thority o/ Parliament9c: ma>e s ch incidental and conse= ential ,rovisions as a,,ear to the President to be necessary or desirable /or giving e//ect to the obHects o/ the Proclamation, incl ding ,rovisions /or s s,ending in 1hole or in ,art the o,eration o/ any ,rovisions o/ this %onstit tion relating to any body or a thority in the !tate* Provided that nothing in this cla se shall a thorise the President to ass me to himsel/ any o/ the ,o1ers vested in or e0ercisable by a High %o rt, or to s s,end in 1hole or in ,art the o,eration o/ any ,rovision o/ this %onstit tion relating to High %o rts7 9;: Any s ch Proclamation may be revo>ed or varied by a s bse= ent Proclamation7 9<: Every Proclamation nder this article shall be laid be/ore each Ho se o/ Parliament and shall, e0ce,t 1here it is a Proclamation revo>ing a ,revio s Proclamation, cease to o,erate at the e0,iration o/ t1o months nless be/ore the e0,iration o/ that ,eriod it has been a,,roved by resol tions o/ both Ho ses o/ Parliament* Provided that i/ any s ch Proclamation 9not being a Proclamation revo>ing a ,revio s Proclamation: is iss ed at a time 1hen the Ho se o/ the Peo,le is dissolved or the dissol tion o/ the Ho se o/ the Peo,le ta>es ,lace d ring the ,eriod o/ t1o months re/erred to in this cla se, and i/ a resol tion a,,roving the Proclamation has been ,assed by the %o ncil o/ !tates, b t no resol tion 1ith res,ect to s ch Proclamation has been ,assed by the Ho se o/ the Peo,le be/ore the e0,iration o/ that ,eriod, the Proclamation shall cease to o,erate at the e0,iration o/ thirty days /rom the date on 1hich the Ho se o/ the Peo,le /irst sits a/ter its reconstit tion nless be/ore the e0,iration o/ the said ,eriod o/ thirty days a resol tion a,,roving the Proclamation has been also ,assed by the Ho se o/ the Peo,le7 96: A Proclamation so a,,roved shall, nless revo>ed, cease to o,erate on the e0,iration o/ a ,eriod o/ si0 months /rom the date o/ iss e o/ the Proclamation* Provided that i/ and so o/ten as a resol tion a,,roving the contin ance in /orce o/ s ch a Proclamation is ,assed by both Ho ses o/ Parliament, the Proclamation shall, nless revo>ed, contin e in /orce /or a / rther ,eriod o/ si0 months /rom the date on 1hich nder this cla se it 1o ld other1ise have ceased to o,erate, b t no s ch Proclamation shall in any case remain in /orce /or more than three years* Provided / rther that i/ the dissol tion o/ the Ho se o/ the Peo,le ta>es ,lace d ring any s ch ,eriod o/ si0 months and a resol tion a,,roving the contin ance in /orce o/ s ch Proclamation has been ,assed by the %o ncil o/ !tates, b t no resol tion 1ith res,ect to the contin ance in /orce o/ s ch Proclamation has been ,assed by the Ho se o/ the Peo,le d ring the said ,eriod, the Proclamation shall cease to o,erate at the e0,iration o/ thirty days /rom the date on 1hich the Ho se o/ the Peo,le /irst sits

a/ter its reconstit tion nless be/ore the e0,iration o/ the said ,eriod o/ thirty days a resol tion a,,roving the contin ance in /orce o/ the Proclamation has been also ,assed by the Ho se o/ the Peo,le* Provided also that in the case o/ the Proclamation iss ed nder cla se 94: on the 44th day o/ 'ay, 45FA 1ith res,ect to the !tate o/ P nHab, the re/erence in the /irst ,roviso to this cla se to Dthree yearsI shall be constr ed as a re/erence to /ive years7 9B: Not1ithstanding anything contained in cla se 96:, a resol tion 1ith res,ect to the contin ance in /orce o/ a Proclamation a,,roved nder cla se 9<: /or any ,eriod beyond the e0,iration o/ one year /rom the date o/ iss e o/ s ch Proclamation shall not be ,assed by either Ho se o/ Parliament nless8 9a: a Proclamation o/ Emergency is in o,eration, in the 1hole o/ India or, as the case may be, in the 1hole or any ,art o/ the !tate, at the time o/ the ,assing o/ s ch resol tion, and 9b: the Election %ommission certi/ies that the contin ance in /orce o/ the Proclamation a,,roved nder cla se 9<: d ring the ,eriod s,eci/ied in s ch resol tion is necessary on acco nt o/ di//ic lties in holding general elections to the Legislative Assembly o/ the !tate concerned* Provided that nothing in this cla se shall a,,ly to the Proclamation iss ed nder cla se 94: on the 44th day o/ 'ay, 45FA 1ith res,ect to the !tate o/ P nHab7 <BA7 E0ercise o/ legislative ,o1ers nder Proclamation iss ed nder article <BC78 94: Where by a Proclamation iss ed nder cla se 94: o/ article <BC, it has been declared that the ,o1ers o/ the Legislat re o/ the !tate shall be e0ercisable by or nder the a thority o/ Parliament, it shall be com,etent8 9a: /or Parliament to con/er on the President the ,o1er o/ the Legislat re o/ the !tate to ma>e la1s, and to a thorise the President to delegate, s bHect to s ch conditions as he may thin> /it to im,ose, the ,o1er so con/erred to any other a thority to be s,eci/ied by him in that behal/9b: /or Parliament, or /or the President or other a thority in 1hom s ch ,o1er to ma>e la1s is vested nder s b3cla se 9a:, to ma>e la1s con/erring ,o1ers and im,osing d ties, or a thorising the con/erring o/ ,o1ers and the im,osition o/ d ties, ,on the &nion or o//icers and a thorities thereo/9c: /or the President to a thorise 1hen the Ho se o/ the Peo,le is not in session e0,endit re /rom the %onsolidated F nd o/ the !tate ,ending the sanction o/ s ch e0,endit re by Parliament7 9;: Any la1 made in e0ercise o/ the ,o1er o/ the Legislat re o/ the !tate by Parliament or the President or other a thority re/erred to in s b3cla se 9a: o/ cla se 94: 1hich Parliament or the President or s ch other a thority 1o ld not, b t /or the iss e o/ a Proclamation nder article <BC, have been com,etent to ma>e shall, a/ter the Proclamation has ceased to o,erate, contin e in /orce ntil altered or re,ealed or amended by a com,etent Legislat re or other a thority7 <BF7 ! s,ension o/ ,rovisions o/ article 45 d ring emergencies7894: While a Proclamation o/ Emergency declaring that the sec rity o/ India or any ,art o/ the territory thereo/ is threatened by 1ar or by e0ternal aggression is in o,eration, nothing in article 45 shall restrict the ,o1er o/ the !tate as de/ined in Part III to ma>e any la1 or to ta>e any e0ec tive action 1hich the !tate 1o ld b t /or the ,rovisions

contained in that Part be com,etent to ma>e or to ta>e, b t any la1 so made shall, to the e0tent o/ the incom,etency, cease to have e//ect as soon as the Proclamation ceases to o,erate, e0ce,t as res,ects things done or omitted to be done be/ore the la1 so ceases to have e//ect* Provided that 1here s ch Proclamation o/ Emergency is in o,eration only in any ,art o/ the territory o/ India, any s ch la1 may be made, or any s ch e0ec tive action may be ta>en, nder this article in relation to or in any !tate or &nion territory in 1hich or in any ,art o/ 1hich the Proclamation o/ Emergency is not in o,eration, i/ and in so /ar as the sec rity o/ India or any ,art o/ the territory thereo/ is threatened by activities in or in relation to the ,art o/ the territory o/ India in 1hich the Proclamation o/ Emergency is in o,eration7 9;: Nothing in cla se 94: shall a,,ly8 9a: to any la1 1hich does not contain a recital to the e//ect that s ch la1 is in relation to the Proclamation o/ Emergency in o,eration 1hen it is made- or 9b: to any e0ec tive action ta>en other1ise than nder a la1 containing s ch a recital7 <B57 ! s,ension o/ the en/orcement o/ the rights con/erred by Part III d ring emergencies7894: Where a Proclamation o/ Emergency is in o,eration, the President may by order declare that the right to move any co rt /or the en/orcement o/ s ch o/ the rights con/erred by Part III 9e0ce,t articles ;G and ;4: as may be mentioned in the order and all ,roceedings ,ending in any co rt /or the en/orcement o/ the rights so mentioned shall remain s s,ended /or the ,eriod d ring 1hich the Proclamation is in /orce or /or s ch shorter ,eriod as may be s,eci/ied in the order7 94A: While an order made nder cla se 94: mentioning any o/ the rights con/erred by Part III 9e0ce,t articles ;G and ;4: is in o,eration, nothing in that Part con/erring those rights shall restrict the ,o1er o/ the !tate as de/ined in the said Part to ma>e any la1 or to ta>e any e0ec tive action 1hich the !tate 1o ld b t /or the ,rovisions contained in that Part be com,etent to ma>e or to ta>e, b t any la1 so made shall, to the e0tent o/ the incom,etency, cease to have e//ect as soon as the order a/oresaid ceases to o,erate, e0ce,t as res,ects things done or omitted to be done be/ore the la1 so ceases to have e//ect* Provided that 1here a Proclamation o/ Emergency is in o,eration only in any ,art o/ the territory o/ India, any s ch la1 may be made, or any s ch e0ec tive action may be ta>en, nder this article in relation to or in any !tate or &nion territory in 1hich or in any ,art o/ 1hich the Proclamation o/ Emergency is not in o,eration, i/ and in so /ar as the sec rity o/ India or any ,art o/ the territory thereo/ is threatened by activities in or in relation to the ,art o/ the territory o/ India in 1hich the Proclamation o/ Emergency is in o,eration7 94(: Nothing in cla se 94A: shall a,,ly8 9a: to any la1 1hich does not contain a recital to the e//ect that s ch la1 is in relation to the Proclamation o/ Emergency in o,eration 1hen it is made- or 9b: to any e0ec tive action ta>en other1ise than nder a la1 containing s ch a recital7 9;: An order made as a/oresaid may e0tend to the 1hole or any ,art o/ the territory o/ India* Provided that 1here a Proclamation o/ Emergency is in o,eration only in a ,art o/ the territory o/ India, any s ch order shall not e0tend to any other ,art o/ the territory o/

India nless the President, being satis/ied that the sec rity o/ India or any ,art o/ the territory thereo/ is threatened by activities in or in relation to the ,art o/ the territory o/ India in 1hich the Proclamation o/ Emergency is in o,eration, considers s ch e0tension to be necessary7 9<: Every order made nder cla se 94: shall, as soon as may be a/ter it is made, be laid be/ore each Ho se o/ Parliament7 <B5A7 ?A,,lication o/ this Part to the !tate o/ P nHab7@ #e,7 by the %onstit tion 9!i0ty3third Amendment: Act, 45F5, s7 < 917e7/7 C343455G:7 <CG7 Provisions as to /inancial emergency7894: I/ the President is satis/ied that a sit ation has arisen 1hereby the /inancial stability or credit o/ India or o/ any ,art o/ the territory thereo/ is threatened, he may by a Proclamation ma>e a declaration to that e//ect7 9;: A Proclamation iss ed nder cla se 94:8 9a: may be revo>ed or varied by a s bse= ent Proclamation9b: shall be laid be/ore each Ho se o/ Parliament9c: shall cease to o,erate at the e0,iration o/ t1o months, nless be/ore the e0,iration o/ that ,eriod it has been a,,roved by resol tions o/ both Ho ses o/ Parliament* Provided that i/ any s ch Proclamation is iss ed at a time 1hen the Ho se o/ the Peo,le has been dissolved or the dissol tion o/ the Ho se o/ the Peo,le ta>es ,lace d ring the ,eriod o/ t1o months re/erred to in s b3cla se 9c:, and i/ a resol tion a,,roving the Proclamation has been ,assed by the %o ncil o/ !tates, b t no resol tion 1ith res,ect to s ch Proclamation has been ,assed by the Ho se o/ the Peo,le be/ore the e0,iration o/ that ,eriod, the Proclamation shall cease to o,erate at the e0,iration o/ thirty days /rom the date on 1hich the Ho se o/ the Peo,le /irst sits a/ter its reconstit tion nless be/ore the e0,iration o/ the said ,eriod o/ thirty days a resol tion a,,roving the Proclamation has been also ,assed by the Ho se o/ the Peo,le7 9<: D ring the ,eriod any s ch Proclamation as is mentioned in cla se 94: is in o,eration, the e0ec tive a thority o/ the &nion shall e0tend to the giving o/ directions to any !tate to observe s ch canons o/ /inancial ,ro,riety as may be s,eci/ied in the directions, and to the giving o/ s ch other directions as the President may deem necessary and ade= ate /or the , r,ose7 96: Not1ithstanding anything in this %onstit tion8 9a: any s ch direction may incl de8 9i: a ,rovision re= iring the red ction o/ salaries and allo1ances o/ all or any class o/ ,ersons serving in connection 1ith the a//airs o/ a !tate9ii: a ,rovision re= iring all 'oney (ills or other (ills to 1hich the ,rovisions o/ article ;GA a,,ly to be reserved /or the consideration o/ the President a/ter they are ,assed by the Legislat re o/ the !tate9b: it shall be com,etent /or the President d ring the ,eriod any Proclamation iss ed nder this article is in o,eration to iss e directions /or the red ction o/ salaries and allo1ances o/ all or any class o/ ,ersons serving in connection 1ith the a//airs o/ the &nion incl ding the + dges o/ the ! ,reme %o rt and the High %o rts7

PART XIX

MISCELLANEOUS
<C47 Protection o/ President and $overnors and #aH,ram >hs7894: The President, or the $overnor or #aH,ram >h o/ a !tate, shall not be ans1erable to any co rt /or the e0ercise and ,er/ormance o/ the ,o1ers and d ties o/ his o//ice or /or any act done or , r,orting to be done by him in the e0ercise and ,er/ormance o/ those ,o1ers and d ties* Provided that the cond ct o/ the President may be bro ght nder revie1 by any co rt, trib nal or body a,,ointed or designated by either Ho se o/ Parliament /or the investigation o/ a charge nder article C4* Provided / rther that nothing in this cla se shall be constr ed as restricting the right o/ any ,erson to bring a,,ro,riate ,roceedings against the $overnment o/ India or the $overnment o/ a !tate7 9;: No criminal ,roceedings 1hatsoever shall be instit ted or contin ed against the President, or the $overnor o/ a !tate, in any co rt d ring his term o/ o//ice7 9<: No ,rocess /or the arrest or im,risonment o/ the President, or the $overnor o/ a !tate, shall iss e /rom any co rt d ring his term o/ o//ice7 96: No civil ,roceedings in 1hich relie/ is claimed against the President, or the $overnor o/ a !tate, shall be instit ted d ring his term o/ o//ice in any co rt in res,ect o/ any act done or , r,orting to be done by him in his ,ersonal ca,acity, 1hether be/ore or a/ter he entered ,on his o//ice as President, or as $overnor o/ s ch !tate, ntil the e0,iration o/ t1o months ne0t a/ter notice in 1riting has been delivered to the President or the $overnor, as the case may be, or le/t at his o//ice stating the nat re o/ the ,roceedings, the ca se o/ action there/or, the name, descri,tion and ,lace o/ residence o/ the ,arty by 1hom s ch ,roceedings are to be instit ted and the relie/ 1hich he claims7 <C4A7 Protection o/ , blication o/ ,roceedings o/ Parliament and !tate Legislat res7 894: No ,erson shall be liable to any ,roceedings, civil or criminal, in any co rt in res,ect o/ the , blication in a ne1s,a,er o/ a s bstantially tr e re,ort o/ any ,roceedings o/ either Ho se o/ Parliament or the Legislative Assembly, or, as the case may be, either Ho se o/ the Legislat re, o/ a !tate, nless the , blication is ,roved to have been made 1ith malice* Provided that nothing in this cla se shall a,,ly to the , blication o/ any re,ort o/ the ,roceedings o/ a secret sitting o/ either Ho se o/ Parliament or the Legislative Assembly, or, as the case may be, either Ho se o/ the Legislat re, o/ a !tate7 9;: %la se 94: shall a,,ly in relation to re,orts or matters broadcast by means o/ 1ireless telegra,hy as ,art o/ any ,rogramme or service ,rovided by means o/ a broadcasting station as it a,,lies in relation to re,orts or matters , blished in a ne1s,a,er7 E0,lanation78In this article, Dne1s,a,erI incl des a ne1s agency re,ort containing material /or , blication in a ne1s,a,er7 <C4(7 Dis= ali/ication /or a,,ointment on rem nerative ,olitical ,ost78A member o/ a Ho se belonging to any ,olitical ,arty 1ho is dis= ali/ied /or being a member o/ the Ho se nder ,aragra,h ; o/ the Tenth !ched le shall also be dis= ali/ied to hold any rem nerative ,olitical ,ost /or d ration o/ the ,eriod commencing /rom the date o/ his dis= ali/ication till the date on 1hich the term o/ his o//ice as s ch member

1o ld e0,ire or till the date on 1hich he contests an election to a Ho se and is declared elected, 1hichever is earlier7 E0,lanation73 For the , r,oses o/ this article,8 9a: the e0,ression DHo seI has the meaning assigned to it in cla se 9a: o/ ,aragra,h 4 o/ the Tenth !ched le9b: the e0,ression Drem nerative ,olitical ,ostI means any o//ice8 9i: nder the $overnment o/ India or the $overnment o/ a !tate 1here the salary or rem neration /or s ch o//ice is ,aid o t o/ the , blic reven e o/ the $overnment o/ India or the $overnment o/ the !tate, as the case may be- or 9ii: nder a body, 1hether incor,orated or not, 1hich is 1holly or ,artially o1ned by the $overnment o/ India or the $overnment o/ the !tate, and the salary or rem neration /or s ch o//ice is ,aid by s ch body, e0ce,t 1here s ch salary or rem neration ,aid is com,ensatory in nat re7 <C;7 ?#ights and ,rivileges o/ # lers o/ Indian !tates7@ #e,7 by the %onstit tion 9T1enty3si0th Amendment: Act, 45A4, s7 ;7 <C<7 (ar to inter/erence by co rts in dis, tes arising o t o/ certain treaties, agreements, etc7894: Not1ithstanding anything in this %onstit tion b t s bHect to the ,rovisions o/ article 46<, neither the ! ,reme %o rt nor any other co rt shall have H risdiction in any dis, te arising o t o/ any ,rovision o/ a treaty, agreement, covenant, engagement, sanad or other similar instr ment 1hich 1as entered into or e0ec ted be/ore the commencement o/ this %onstit tion by any # ler o/ an Indian !tate and to 1hich the $overnment o/ the Dominion o/ India or any o/ its ,redecessor $overnments 1as a ,arty and 1hich has or has been contin ed in o,eration a/ter s ch commencement, or in any dis, te in res,ect o/ any right accr ing nder or any liability or obligation arising o t o/ any o/ the ,rovisions o/ this %onstit tion relating to any s ch treaty, agreement, covenant, engagement, sanad or other similar instr ment7 9;: In this article8 9a: DIndian !tateI means any territory recognised be/ore the commencement o/ this %onstit tion by His 'aHesty or the $overnment o/ the Dominion o/ India as being s ch a !tate- and 9b: D# lerI incl des the Prince, %hie/ or other ,erson recognised be/ore s ch commencement by His 'aHesty or the $overnment o/ the Dominion o/ India as the # ler o/ any Indian !tate7 <C<A7 #ecognition granted to # lers o/ Indian !tates to cease and ,rivy , rses to be abolished78Not1ithstanding anything in this %onstit tion or in any la1 /or the time being in /orce8 9a: the Prince, %hie/ or other ,erson 1ho, at any time be/ore the commencement o/ the %onstit tion 9T1enty3si0th Amendment: Act, 45A4, 1as recognised by the President as the # ler o/ an Indian !tate or any ,erson 1ho, at any time be/ore s ch commencement, 1as recognised by the President as the s ccessor o/ s ch r ler shall, on and /rom s ch commencement, cease to be recognised as s ch # ler or the s ccessor o/ s ch # ler-

9b: on and /rom the commencement o/ the %onstit tion 9T1enty3si0th Amendment: Act, 45A4, ,rivy , rse is abolished and all rights, liabilities and obligations in res,ect o/ ,rivy , rse are e0ting ished and accordingly the # ler or, as the case may be, the s ccessor o/ s ch # ler, re/erred to in cla se 9a: or any other ,erson shall not be ,aid any s m as ,rivy , rse7 <C67 !,ecial ,rovisions as to maHor ,orts and aerodromes7894: Not1ithstanding anything in this %onstit tion, the President may by , blic noti/ication direct that as /rom s ch date as may be s,eci/ied in the noti/ication8 9a: any la1 made by Parliament or by the Legislat re o/ a !tate shall not a,,ly to any maHor ,ort or aerodrome or shall a,,ly thereto s bHect to s ch e0ce,tions or modi/ications as may be s,eci/ied in the noti/ication, or 9b: any e0isting la1 shall cease to have e//ect in any maHor ,ort or aerodrome e0ce,t as res,ects things done or omitted to be done be/ore the said date, or shall in its a,,lication to s ch ,ort or aerodrome have e//ect s bHect to s ch e0ce,tions or modi/ications as may be s,eci/ied in the noti/ication7 9;: In this article8 9a: DmaHor ,ortI means a ,ort declared to be a maHor ,ort by or nder any la1 made by Parliament or any e0isting la1 and incl des all areas /or the time being incl ded 1ithin the limits o/ s ch ,ort9b: DaerodromeI means aerodrome as de/ined /or the , r,oses o/ the enactments relating to air1ays, aircra/t and air navigation7 <CB7 E//ect o/ /ail re to com,ly 1ith, or to give e//ect to, directions given by the &nion78Where any !tate has /ailed to com,ly 1ith, or to give e//ect to, any directions given in the e0ercise o/ the e0ec tive ,o1er o/ the &nion nder any o/ the ,rovisions o/ this %onstit tion, it shall be la1/ l /or the President to hold that a sit ation has arisen in 1hich the $overnment o/ the !tate cannot be carried on in accordance 1ith the ,rovisions o/ this %onstit tion7 <CC7 De/initions78In this %onstit tion, nless the conte0t other1ise re= ires, the /ollo1ing e0,ressions have the meanings hereby res,ectively assigned to them, that is to say8 94: Dagric lt ral incomeI means agric lt ral income as de/ined /or the , r,oses o/ the enactments relating to Indian income3ta09;: Dan Anglo3IndianI means a ,erson 1hose /ather or any o/ 1hose other male ,rogenitors in the male line is or 1as o/ E ro,ean descent b t 1ho is domiciled 1ithin the territory o/ India and is or 1as born 1ithin s ch territory o/ ,arents habit ally resident therein and not established there /or tem,orary , r,oses only9<: DarticleI means an article o/ this %onstit tion96: Dborro1I incl des the raising o/ money by the grant o/ ann ities, and DloanI shall be constr ed accordinglyJ J J J J 9B: Dcla seI means a cla se o/ the article in 1hich the e0,ression occ rs9C: Dcor,oration ta0I means any ta0 on income, so /ar as that ta0 is ,ayable by com,anies and is a ta0 in the case o/ 1hich the /ollo1ing conditions are / l/illed*8 9a: that it is not chargeable in res,ect o/ agric lt ral income9b: that no ded ction in res,ect o/ the ta0 ,aid by com,anies is, by any enactments

1hich may a,,ly to the ta0, a thorised to be made /rom dividends ,ayable by the com,anies to individ als9c: that no ,rovision e0ists /or ta>ing the ta0 so ,aid into acco nt in com, ting /or the , r,oses o/ Indian income3ta0 the total income o/ individ als receiving s ch dividends, or in com, ting the Indian income3ta0 ,ayable by, or re/ ndable to, s ch individ als9A: Dcorres,onding ProvinceI, Dcorres,onding Indian !tateI or Dcorres,onding !tateI means in cases o/ do bt s ch Province, Indian !tate or !tate as may be determined by the President to be the corres,onding Province, the corres,onding Indian !tate or the corres,onding !tate, as the case may be, /or the ,artic lar , r,ose in = estion9F: DdebtI incl des any liability in res,ect o/ any obligation to re,ay ca,ital s ms by 1ay o/ ann ities and any liability nder any g arantee, and Ddebt chargesI shall be constr ed accordingly95: Destate d tyI means a d ty to be assessed on or by re/erence to the ,rinci,al val e, ascertained in accordance 1ith s ch r les as may be ,rescribed by or nder la1s made by Parliament or the Legislat re o/ a !tate relating to the d ty, o/ all ,ro,erty ,assing ,on death or deemed, nder the ,rovisions o/ the said la1s, so to ,ass94G: De0isting la1I means any la1, Ordinance, order, bye3la1, r le or reg lation ,assed or made be/ore the commencement o/ this %onstit tion by any Legislat re, a thority or ,erson having ,o1er to ma>e s ch a la1, Ordinance, order, bye3la1, r le or reg lation944: DFederal %o rtI means the Federal %o rt constit ted nder the $overnment o/ India Act, 45<B94;: DgoodsI incl des all materials, commodities, and articles94<: Dg aranteeI incl des any obligation nderta>en be/ore the commencement o/ this %onstit tion to ma>e ,ayments in the event o/ the ,ro/its o/ an nderta>ing /alling short o/ a s,eci/ied amo nt946: DHigh %o rtI means any %o rt 1hich is deemed /or the , r,oses o/ this %onstit tion to be a High %o rt /or any !tate and incl des8 9a: any %o rt in the territory o/ India constit ted or reconstit ted nder this %onstit tion as a High %o rt, and 9b: any other %o rt in the territory o/ India 1hich may be declared by Parliament by la1 to be a High %o rt /or all or any o/ the , r,oses o/ this %onstit tion94B: DIndian !tateI means any territory 1hich the $overnment o/ the Dominion o/ India recognised as s ch a !tate94C: DPartI means a Part o/ this %onstit tion94A: D,ensionI means a ,ension, 1hether contrib tory or not, o/ any >ind 1hatsoever ,ayable to or in res,ect o/ any ,erson, and incl des retired ,ay so ,ayable- a grat ity so ,ayable and any s m or s ms so ,ayable by 1ay o/ the ret rn, 1ith or 1itho t interest thereon or any other addition thereto, o/ s bscri,tions to a ,rovident / nd94F: DProclamation o/ EmergencyI means a Proclamation iss ed nder cla se 94: o/ article <B;945: D, blic noti/icationI means a noti/ication in the $a)ette o/ India, or, as the case may be, the O//icial $a)ette o/ a !tate-

9;G: Drail1ayI does not incl de8 9a: a tram1ay 1holly 1ithin a m nici,al area, or 9b: any other line o/ comm nication 1holly sit ate in one !tate and declared by Parliament by la1 not to be a rail1ayJ J J J J 9;;: D# lerI means the Prince, %hie/ or other ,erson 1ho, at any time be/ore the commencement o/ the %onstit tion 9T1enty3si0th Amendment: Act, 45A4, 1as recognised by the President as the # ler o/ an Indian !tate or any ,erson 1ho, at any time be/ore s ch commencement, 1as recognised by the President as the s ccessor o/ s ch # ler9;<: D!ched leI means a !ched le to this %onstit tion9;6: D!ched led %astesI means s ch castes, races or tribes or ,arts o/ or gro ,s 1ithin s ch castes, races or tribes as are deemed nder article <64 to be !ched led %astes /or the , r,oses o/ this %onstit tion9;B: D!ched led TribesI means s ch tribes or tribal comm nities or ,arts o/ or gro ,s 1ithin s ch tribes or tribal comm nities as are deemed nder article <6; to be !ched led Tribes /or the , r,oses o/ this %onstit tion9;C: Dsec ritiesI incl des stoc>J J J J J 9;A: Ds b3cla seI means a s b3cla se o/ the cla se in 1hich the e0,ression occ rs9;F: Dta0ationI incl des the im,osition o/ any ta0 or im,ost, 1hether general or local or s,ecial, and Dta0I shall be constr ed accordingly9;5: Dta0 on incomeI incl des a ta0 in the nat re o/ an e0cess ,ro/its ta09;5A: Dta0 on the sale or , rchase o/ goodsI incl des8 9a: a ta0 on the trans/er, other1ise than in , rs ance o/ a contract, o/ ,ro,erty in any goods /or cash, de/erred ,ayment or other val able consideration9b: a ta0 on the trans/er o/ ,ro,erty in goods 91hether as goods or in some other /orm: involved in the e0ec tion o/ a 1or>s contract9c: a ta0 on the delivery o/ goods on hire3, rchase or any system o/ ,ayment by instalments9d: a ta0 on the trans/er o/ the right to se any goods /or any , r,ose 91hether or not /or a s,eci/ied ,eriod: /or cash, de/erred ,ayment or other val able consideration9e: a ta0 on the s ,,ly o/ goods by any nincor,orated association or body o/ ,ersons to a member thereo/ /or cash, de/erred ,ayment or other val able consideration9/: a ta0 on the s ,,ly, by 1ay o/ or as ,art o/ any service or in any other manner 1hatsoever, o/ goods, being /ood or any other article /or h man cons m,tion or any drin> 91hether or not into0icating:, 1here s ch s ,,ly or service, is /or cash, de/erred ,ayment or other val able considerationand s ch trans/er, delivery or s ,,ly o/ any goods shall be deemed to be a sale o/ those goods by the ,erson ma>ing the trans/er, delivery or s ,,ly and a , rchase o/ those goods by the ,erson to 1hom s ch trans/er, delivery or s ,,ly is made9<G: M&nion territoryM means any &nion territory s,eci/ied in the First !ched le and incl des any other territory com,rised 1ithin the territory o/ India b t not s,eci/ied in that !ched le7 <CA7 Inter,retation7894: &nless the conte0t other1ise re= ires, the $eneral %la ses

Act, 4F5A, shall, s bHect to any ada,tations and modi/ications that may be made therein nder article <A;, a,,ly /or the inter,retation o/ this %onstit tion as it a,,lies /or the inter,retation o/ an Act o/ the Legislat re o/ the Dominion o/ India7 9;: Any re/erence in this %onstit tion to Acts or la1s o/, or made by, Parliament, or to Acts or la1s o/, or made by, the Legislat re o/ a !tate, shall be constr ed as incl ding a re/erence to an Ordinance made by the President or, to an Ordinance made by a $overnor, as the case may be7 9<: For the , r,oses o/ this %onstit tion D/oreign !tateI means any !tate other than India* Provided that, s bHect to the ,rovisions o/ any la1 made by Parliament, the President may by order declare any !tate not to be a /oreign !tate /or s ch , r,oses as may be s,eci/ied in the order7

PART XX AMENDMENT OF THE CONSTITUTION


<CF7 Po1er o/ Parliament to amend the %onstit tion and ,roced re there/or78 94: Not1ithstanding anything in this %onstit tion, Parliament may in e0ercise o/ its constit ent ,o1er amend by 1ay o/ addition, variation or re,eal any ,rovision o/ this %onstit tion in accordance 1ith the ,roced re laid do1n in this article7 9;: An amendment o/ this %onstit tion may be initiated only by the introd ction o/ a (ill /or the , r,ose in either Ho se o/ Parliament, and 1hen the (ill is ,assed in each Ho se by a maHority o/ the total membershi, o/ that Ho se and by a maHority o/ not less than t1o3thirds o/ the members o/ that Ho se ,resent and voting, it shall be ,resented to the President 1ho shall give his assent to the (ill and there ,on the %onstit tion shall stand amended in accordance 1ith the terms o/ the (ill* Provided that i/ s ch amendment see>s to ma>e any change in8 9a: article B6, article BB, article A<, article 4C; or article ;64, or 9b: %ha,ter I" o/ Part ", %ha,ter " o/ Part "I, or %ha,ter I o/ Part OI, or 9c: any o/ the Lists in the !eventh !ched le, or 9d: the re,resentation o/ !tates in Parliament, or 9e: the ,rovisions o/ this article, the amendment shall also re= ire to be rati/ied by the Legislat res o/ not less than one3hal/ o/ the !tates by resol tions to that e//ect ,assed by those Legislat res be/ore the (ill ma>ing ,rovision /or s ch amendment is ,resented to the President /or assent7 9<: Nothing in article 4< shall a,,ly to any amendment made nder this article7 4?96: No amendment o/ this %onstit tion 9incl ding the ,rovisions o/ Part III: made or , r,orting to have been made nder this article 1hether be/ore or a/ter the commencement o/ section BB o/ the %onstit tion 9Forty3second Amendment: Act, 45AC shall be called in = estion in any co rt on any gro nd7 9B: For the removal o/ do bts, it is hereby declared that there shall be no limitation 1hatever on the constit ent ,o1er o/ Parliament to amend by 1ay o/ addition, variation or re,eal the ,rovisions o/ this %onstit tion nder this article7@

PART XXI Te(!$rar), ran&# #$nal an* &!e"#al !r$%#&#$n&


<C57 Tem,orary ,o1er to Parliament to ma>e la1s 1ith res,ect to certain matters in the !tate List as i/ they 1ere matters in the %onc rrent List78Not1ithstanding anything in this %onstit tion, Parliament shall, d ring a ,eriod o/ /ive years /rom the commencement o/ this %onstit tion, have ,o1er to ma>e la1s 1ith res,ect to the /ollo1ing matters as i/ they 1ere en merated in the %onc rrent List, namely*8 9a: trade and commerce 1ithin a !tate in, and the ,rod ction, s ,,ly and distrib tion o/, cotton and 1oollen te0tiles, ra1 cotton 9incl ding ginned cotton and nginned cotton or >a,as:, cotton seed, ,a,er 9incl ding ne1s,rint:, /ood3st //s 9incl ding edible oilseeds and oil:, cattle /odder 9incl ding oil3ca>es and other concentrates:, coal 9incl ding co>e and derivatives o/ coal:, iron, steel and mica9b: o//ences against la1s 1ith res,ect to any o/ the matters mentioned in cla se 9a:, H risdiction and ,o1ers o/ all co rts e0ce,t the ! ,reme %o rt 1ith res,ect to any o/ those matters, and /ees in res,ect o/ any o/ those matters b t not incl ding /ees ta>en in any co rtb t any la1 made by Parliament, 1hich Parliament 1o ld not b t /or the ,rovisions o/ this article have been com,etent to ma>e, shall, to the e0tent o/ the incom,etency, cease to have e//ect on the e0,iration o/ the said ,eriod, e0ce,t as res,ects things done or omitted to be done be/ore the e0,iration thereo/7 4<AG7 Tem,orary ,rovisions 1ith res,ect to the !tate o/ +amm and Lashmir7894: Not1ithstanding anything in this %onstit tion,8 9a: the ,rovisions o/ article ;<F shall not a,,ly in relation to the !tate o/ +amm and Lashmir9b: the ,o1er o/ Parliament to ma>e la1s /or the said !tate shall be limited to8 9i: those matters in the &nion List and the %onc rrent List 1hich, in cons ltation 1ith the $overnment o/ the !tate, are declared by the President to corres,ond to matters s,eci/ied in the Instr ment o/ Accession governing the accession o/ the !tate to the Dominion o/ India as the matters 1ith res,ect to 1hich the Dominion Legislat re may ma>e la1s /or that !tate- and 9ii: s ch other matters in the said Lists as, 1ith the conc rrence o/ the $overnment o/ the !tate, the President may by order s,eci/y7

E0,lanation78 For the , r,oses o/ this article, the $overnment o/ the !tate means the ,erson /or the time being recognised by the President as the 'aharaHa o/ +amm and Lashmir acting on the advice o/ the %o ncil o/ 'inisters /or the time being in o//ice nder the 'aharaHaEs Proclamation dated the /i/th day o/ 'arch, 456F9c: the ,rovisions o/ article 4 and o/ this article shall a,,ly in relation to that !tate9d: s ch o/ the other ,rovisions o/ this %onstit tion shall a,,ly in relation to that !tate s bHect to s ch e0ce,tions and modi/ications as the President may by order s,eci/y*

Provided that no s ch order 1hich relates to the matters s,eci/ied in the Instr ment o/ Accession o/ the !tate re/erred to in ,aragra,h 9i: o/ s b3cla se 9b: shall be iss ed e0ce,t in cons ltation 1ith the $overnment o/ the !tate* Provided / rther that no s ch order 1hich relates to matters other than those re/erred to in the last ,receding ,roviso shall be iss ed e0ce,t 1ith the conc rrence o/ that $overnment7 9;: I/ the conc rrence o/ the $overnment o/ the !tate re/erred to in ,aragra,h 9ii: o/ s b3cla se 9b: o/ cla se 94: or in the second ,roviso to s b3cla se 9d: o/ that cla se be given be/ore the %onstit ent Assembly /or the , r,ose o/ /raming the %onstit tion o/ the !tate is convened, it shall be ,laced be/ore s ch Assembly /or s ch decision as it may ta>e thereon7 9<: Not1ithstanding anything in the /oregoing ,rovisions o/ this article, the President may, by , blic noti/ication, declare that this article shall cease to be o,erative or shall be o,erative only 1ith s ch e0ce,tions and modi/ications and /rom s ch date as he may s,eci/y* Provided that the recommendation o/ the %onstit ent Assembly o/ the !tate re/erred to in cla se 9;: shall be necessary be/ore the President iss es s ch a noti/ication7 <A47 !,ecial ,rovision 1ith res,ect to the !tates o/ 'aharashtra and $ Harat78 J J J J J 9;: Not1ithstanding anything in this %onstit tion, the President may by order made 1ith res,ect to the !tate o/ 'aharashtra or $ Harat, ,rovide /or any s,ecial res,onsibility o/ the $overnor /or8 9a: the establishment o/ se,arate develo,ment boards /or "idarbha, 'arath1ada, and the rest o/ 'aharashtra or, as the case may be, !a rashtra, L tch and the rest o/ $ Harat 1ith the ,rovision that a re,ort on the 1or>ing o/ each o/ these boards 1ill be ,laced each year be/ore the !tate Legislative Assembly9b: the e= itable allocation o/ / nds /or develo,mental e0,endit re over the said areas, s bHect to the re= irements o/ the !tate as a 1hole- and 9c: an e= itable arrangement ,roviding ade= ate /acilities /or technical ed cation and vocational training, and ade= ate o,,ort nities /or em,loyment in services nder the control o/ the !tate $overnment, in res,ect o/ all the said areas, s bHect to the re= irements o/ the !tate as a 1hole7 <A4A7 !,ecial ,rovision 1ith res,ect to the !tate o/ Nagaland7894: Not1ithstanding anything in this %onstit tion,8 9a: no Act o/ Parliament in res,ect o/8 9i: religio s or social ,ractices o/ the Nagas, 9ii: Naga c stomary la1 and ,roced re, 9iii: administration o/ civil and criminal H stice involving decisions according to Naga c stomary la1, 9iv: o1nershi, and trans/er o/ land and its reso rces, shall a,,ly to the !tate o/ Nagaland nless the Legislative Assembly o/ Nagaland by a resol tion so decides9b: the $overnor o/ Nagaland shall have s,ecial res,onsibility 1ith res,ect to la1 and order in the !tate o/ Nagaland /or so long as in his o,inion internal dist rbances occ rring in the Naga Hills3T ensang Area immediately be/ore the /ormation o/ that

!tate contin e therein or in any ,art thereo/ and in the discharge o/ his / nctions in relation thereto the $overnor shall, a/ter cons lting the %o ncil o/ 'inisters, e0ercise his individ al H dgment as to the action to be ta>en* Provided that i/ any = estion arises 1hether any matter is or is not a matter as res,ects 1hich the $overnor is nder this s b3cla se re= ired to act in the e0ercise o/ his individ al H dgment, the decision o/ the $overnor in his discretion shall be /inal, and the validity o/ anything done by the $overnor shall not be called in = estion on the gro nd that he o ght or o ght not to have acted in the e0ercise o/ his individ al H dgment* Provided / rther that i/ the President on recei,t o/ a re,ort /rom the $overnor or other1ise is satis/ied that it is no longer necessary /or the $overnor to have s,ecial res,onsibility 1ith res,ect to la1 and order in the !tate o/ Nagaland, he may by order direct that the $overnor shall cease to have s ch res,onsibility 1ith e//ect /rom s ch date as may be s,eci/ied in the order9c: in ma>ing his recommendation 1ith res,ect to any demand /or a grant, the $overnor o/ Nagaland shall ens re that any money ,rovided by the $overnment o/ India o t o/ the %onsolidated F nd o/ India /or any s,eci/ic service or , r,ose is incl ded in the demand /or a grant relating to that service or , r,ose and not in any other demand9d: as /rom s ch date as the $overnor o/ Nagaland may by , blic noti/ication in this behal/ s,eci/y, there shall be established a regional co ncil /or the T ensang district consisting o/ thirty3/ive members and the $overnor shall in his discretion ma>e r les ,roviding /or8 9i: the com,osition o/ the regional co ncil and the manner in 1hich the members o/ the regional co ncil shall be chosen* Provided that the De, ty %ommissioner o/ the T ensang district shall be the %hairman e0 o//icio o/ the regional co ncil and the "ice3%hairman o/ the regional co ncil shall be elected by the members thereo/ /rom amongst themselves9ii: the = ali/ications /or being chosen as, and /or being, members o/ the regional co ncil9iii: the term o/ o//ice o/, and the salaries and allo1ances, i/ any, to be ,aid to members o/, the regional co ncil9iv: the ,roced re and cond ct o/ b siness o/ the regional co ncil9v: the a,,ointment o/ o//icers and sta// o/ the regional co ncil and their conditions o/ services- and 9vi: any other matter in res,ect o/ 1hich it is necessary to ma>e r les /or the constit tion and ,ro,er / nctioning o/ the regional co ncil7 9;: Not1ithstanding anything in this %onstit tion, /or a ,eriod o/ ten years /rom the date o/ the /ormation o/ the !tate o/ Nagaland or /or s ch / rther ,eriod as the $overnor may, on the recommendation o/ the regional co ncil, by , blic noti/ication s,eci/y in this behal/,8 9a: the administration o/ the T ensang district shall be carried on by the $overnor9b: 1here any money is ,rovided by the $overnment o/ India to the $overnment o/ Nagaland to meet the re= irements o/ the !tate o/ Nagaland as a 1hole, the $overnor shall in his discretion arrange /or an e= itable allocation o/ that money bet1een the

T ensang district and the rest o/ the !tate9c: no Act o/ the Legislat re o/ Nagaland shall a,,ly to T ensang district nless the $overnor, on the recommendation o/ the regional co ncil, by , blic noti/ication so directs and the $overnor in giving s ch direction 1ith res,ect to any s ch Act may direct that the Act shall in its a,,lication to the T ensang district or any ,art thereo/ have e//ect s bHect to s ch e0ce,tions or modi/ications as the $overnor may s,eci/y on the recommendation o/ the regional co ncil* Provided that any direction given nder this s b3cla se may be given so as to have retros,ective e//ect9d: the $overnor may ma>e reg lations /or the ,eace, ,rogress and good government o/ the T ensang district and any reg lations so made may re,eal or amend 1ith retros,ective e//ect, i/ necessary, any Act o/ Parliament or any other la1 1hich is /or the time being a,,licable to that district9e: 9i: one o/ the members re,resenting the T ensang district in the Legislative Assembly o/ Nagaland shall be a,,ointed 'inister /or T ensang a//airs by the $overnor on the advice o/ the %hie/ 'inister and the %hie/ 'inister in tendering his advice shall act on the recommendation o/ the maHority o/ the members as a/oresaid9ii: the 'inister /or T ensang a//airs shall deal 1ith, and have direct access to the $overnor on, all matters relating to the T ensang district b t he shall >ee, the %hie/ 'inister in/ormed abo t the same9/: not1ithstanding anything in the /oregoing ,rovisions o/ this cla se, the /inal decision on all matters relating to the T ensang district shall be made by the $overnor in his discretion9g: in articles B6 and BB and cla se 96: o/ article FG, re/erences to the elected members o/ the Legislative Assembly o/ a !tate or to each s ch member shall incl de re/erences to the members or member o/ the Legislative Assembly o/ Nagaland elected by the regional co ncil established nder this article9h: in article 4AG8 9i: cla se 94: shall, in relation to the Legislative Assembly o/ Nagaland, have e//ect as i/ /or the 1ord Dsi0tyI, the 1ord D/orty3si0I had been s bstit ted9ii: in the said cla se, the re/erence to direct election /rom territorial constit encies in the !tate shall incl de election by the members o/ the regional co ncil established nder this article9iii: in cla ses 9;: and 9<:, re/erences to territorial constit encies shall mean re/erences to territorial constit encies in the Lohima and 'o>o>ch ng districts7 9<: I/ any di//ic lty arises in giving e//ect to any o/ the /oregoing ,rovisions o/ this article, the President may by order do anything 9incl ding any ada,tation or modi/ication o/ any other article: 1hich a,,ears to him to be necessary /or the , r,ose o/ removing that di//ic lty* Provided that no s ch order shall be made a/ter the e0,iration o/ three years /rom the date o/ the /ormation o/ the !tate o/ Nagaland7 E0,lanation778In this article, the Lohima, 'o>o>ch ng and T ensang districts shall have the same meanings as in the !tate o/ Nagaland Act, 45C;7 <A4(7 !,ecial ,rovision 1ith res,ect to the !tate o/ Assam78Not1ithstanding anything in this %onstit tion, the President may, by order made 1ith res,ect to the

!tate o/ Assam, ,rovide /or the constit tion and / nctions o/ a committee o/ the Legislative Assembly o/ the !tate consisting o/ members o/ that Assembly elected /rom the tribal areas s,eci/ied in Part I o/ the table a,,ended to ,aragra,h ;G o/ the !i0th !ched le and s ch n mber o/ other members o/ that Assembly as may be s,eci/ied in the order and /or the modi/ications to be made in the r les o/ ,roced re o/ that Assembly /or the constit tion and ,ro,er / nctioning o/ s ch committee7 <A4%7 !,ecial ,rovision 1ith res,ect to the !tate o/ 'ani, r7894: Not1ithstanding anything in this %onstit tion, the President may, by order made 1ith res,ect to the !tate o/ 'ani, r, ,rovide /or the constit tion and / nctions o/ a committee o/ the Legislative Assembly o/ the !tate consisting o/ members o/ that Assembly elected /rom the Hill Areas o/ that !tate, /or the modi/ications to be made in the r les o/ b siness o/ the $overnment and in the r les o/ ,roced re o/ the Legislative Assembly o/ the !tate and /or any s,ecial res,onsibility o/ the $overnor in order to sec re the ,ro,er / nctioning o/ s ch committee7 9;: The $overnor shall ann ally, or 1henever so re= ired by the President, ma>e a re,ort to the President regarding the administration o/ the Hill Areas in the !tate o/ 'ani, r and the e0ec tive ,o1er o/ the &nion shall e0tend to the giving o/ directions to the !tate as to the administration o/ the said areas7 E0,lanation78In this article, the e0,ression DHill AreasI means s ch areas as the President may, by order, declare to be Hill areas7 <A4D7 !,ecial ,rovisions 1ith res,ect to the !tate o/ Andhra Pradesh7894: The President may by order made 1ith res,ect to the !tate o/ Andhra Pradesh ,rovide, having regard to the re= irements o/ the !tate as a 1hole, /or e= itable o,,ort nities and /acilities /or the ,eo,le belonging to di//erent ,arts o/ the !tate, in the matter o/ , blic em,loyment and in the matter o/ ed cation, and di//erent ,rovisions may be made /or vario s ,arts o/ the !tate7 9;: An order made nder cla se 94: may, in ,artic lar,8 9a: re= ire the !tate $overnment to organise any class or classes o/ ,osts in a civil service o/, or any class or classes o/ civil ,osts nder, the !tate into di//erent local cadres /or di//erent ,arts o/ the !tate and allot in accordance 1ith s ch ,rinci,les and ,roced re as may be s,eci/ied in the order the ,ersons holding s ch ,osts to the local cadres so organised9b: s,eci/y any ,art or ,arts o/ the !tate 1hich shall be regarded as the local area8 9i: /or direct recr itment to ,osts in any local cadre 91hether organised in , rs ance o/ an order nder this article or constit ted other1ise: nder the !tate $overnment9ii: /or direct recr itment to ,osts in any cadre nder any local a thority 1ithin the !tate- and 9iii: /or the , r,oses o/ admission to any &niversity 1ithin the !tate or to any other ed cational instit tion 1hich is s bHect to the control o/ the !tate $overnment9c: s,eci/y the e0tent to 1hich, the manner in 1hich and the conditions s bHect to 1hich, ,re/erence or reservation shall be given or made8 9i: in the matter o/ direct recr itment to ,osts in any s ch cadre re/erred to in s b3 cla se 9b: as may be s,eci/ied in this behal/ in the order9ii: in the matter o/ admission to any s ch &niversity or other ed cational instit tion

re/erred to in s b3cla se 9b: as may be s,eci/ied in this behal/ in the order, to or in /avo r o/ candidates 1ho have resided or st died /or any ,eriod s,eci/ied in the order in the local area in res,ect o/ s ch cadre, &niversity or other ed cational instit tion, as the case may be7 9<: The President may, by order, ,rovide /or the constit tion o/ an Administrative Trib nal /or the !tate o/ Andhra Pradesh to e0ercise s ch H risdiction, ,o1ers and a thority ?incl ding any H risdiction, ,o1er and a thority 1hich immediately be/ore the commencement o/ the %onstit tion 9Thirty3second Amendment: Act, 45A<, 1as e0ercisable by any co rt 9other than the ! ,reme %o rt: or by any trib nal or other a thority@ as may be s,eci/ied in the order 1ith res,ect to the /ollo1ing matters, namely*8 9a: a,,ointment, allotment or ,romotion to s ch class or classes o/ ,osts in any civil service o/ the !tate, or to s ch class or classes o/ civil ,osts nder the !tate, or to s ch class or classes o/ ,osts nder the control o/ any local a thority 1ithin the !tate, as may be s,eci/ied in the order9b: seniority o/ ,ersons a,,ointed, allotted or ,romoted to s ch class or classes o/ ,osts in any civil service o/ the !tate, or to s ch class or classes o/ civil ,osts nder the !tate, or to s ch class or classes o/ ,osts nder the control o/ any local a thority 1ithin the !tate, as may be s,eci/ied in the order9c: s ch other conditions o/ service o/ ,ersons a,,ointed, allotted or ,romoted to s ch class or classes o/ ,osts in any civil service o/ the !tate or to s ch class or classes o/ civil ,osts nder the !tate or to s ch class or classes o/ ,osts nder the control o/ any local a thority 1ithin the !tate, as may be s,eci/ied in the order7 96: An order made nder cla se 9<: may8 9a: a thorise the Administrative Trib nal to receive re,resentations /or the redress o/ grievances relating to any matter 1ithin its H risdiction as the President may s,eci/y in the order and to ma>e s ch orders thereon as the Administrative Trib nal deems /it9b: contain s ch ,rovisions 1ith res,ect to the ,o1ers and a thorities and ,roced re o/ the Administrative Trib nal 9incl ding ,rovisions 1ith res,ect to the ,o1ers o/ the Administrative Trib nal to , nish /or contem,t o/ itsel/: as the President may deem necessary9c: ,rovide /or the trans/er to the Administrative Trib nal o/ s ch classes o/ ,roceedings, being ,roceedings relating to matters 1ithin its H risdiction and ,ending be/ore any co rt 9other than the ! ,reme %o rt: or trib nal or other a thority immediately be/ore the commencement o/ s ch order, as may be s,eci/ied in the order9d: contain s ch s ,,lemental, incidental and conse= ential ,rovisions 9incl ding ,rovisions as to /ees and as to limitation, evidence or /or the a,,lication o/ any la1 /or the time being in /orce s bHect to any e0ce,tions or modi/ications: as the President may deem necessary7 49B: The Order o/ the Administrative Trib nal /inally dis,osing o/ any case shall become e//ective ,on its con/irmation by the !tate $overnment or on the e0,iry o/ three months /rom the date on 1hich the order is made, 1hichever is earlier* Provided that the !tate $overnment may, by s,ecial order made in 1riting and /or

reasons to be s,eci/ied therein, modi/y or ann l any order o/ the Administrative Trib nal be/ore it becomes e//ective and in s ch a case, the order o/ the Administrative Trib nal shall have e//ect only in s ch modi/ied /orm or be o/ no e//ect, as the case may be7 9C: Every s,ecial order made by the !tate $overnment nder the ,roviso to cla se 9B: shall be laid, as soon as may be a/ter it is made, be/ore both Ho ses o/ the !tate Legislat re7 9A: The High %o rt /or the !tate shall not have any ,o1ers o/ s ,erintendence over the Administrative Trib nal and no co rt 9other than the ! ,reme %o rt: or trib nal shall e0ercise any H risdiction, ,o1er or a thority in res,ect o/ any matter s bHect to the H risdiction, ,o1er or a thority o/, or in relation to, the Administrative Trib nal7 9F: I/ the President is satis/ied that the contin ed e0istence o/ the Administrative Trib nal is not necessary, the President may by order abolish the Administrative Trib nal and ma>e s ch ,rovisions in s ch order as he may deem /it /or the trans/er and dis,osal o/ cases ,ending be/ore the Trib nal immediately be/ore s ch abolition7 95: Not1ithstanding any H dgment, decree or order o/ any co rt, trib nal or other a thority,8 9a: no a,,ointment, ,osting, ,romotion or trans/er o/ any ,erson8 9i: made be/ore the 4st day o/ November, 45BC, to any ,ost nder the $overnment o/, or any local a thority 1ithin, the !tate o/ Hyderabad as it e0isted be/ore that date- or 9ii: made be/ore the commencement o/ the %onstit tion 9Thirty3second Amendment: Act, 45A<, to any ,ost nder the $overnment o/, or any local or other a thority 1ithin, the !tate o/ Andhra Pradesh- and 9b: no action ta>en or thing done by or be/ore any ,erson re/erred to in s b3cla se 9a:, shall be deemed to be illegal or void or ever to have become illegal or void merely on the gro nd that the a,,ointment, ,osting, ,romotion or trans/er o/ s ch ,erson 1as not made in accordance 1ith any la1, then in /orce, ,roviding /or any re= irement as to residence 1ithin the !tate o/ Hyderabad or, as the case may be, 1ithin any ,art o/ the !tate o/ Andhra Pradesh, in res,ect o/ s ch a,,ointment, ,osting, ,romotion or trans/er7 94G: The ,rovisions o/ this article and o/ any order made by the President there nder shall have e//ect not1ithstanding anything in any other ,rovision o/ this %onstit tion or in any other la1 /or the time being in /orce7 <A4E7 Establishment o/ %entral &niversity in Andhra Pradesh78 Parliament may by la1 ,rovide /or the establishment o/ a &niversity in the !tate o/ Andhra Pradesh7 <A4F7 !,ecial ,rovisions 1ith res,ect to the !tate o/ !i>>im78Not1ithstanding anything in this %onstit tion,8 9a: the Legislative Assembly o/ the !tate o/ !i>>im shall consist o/ not less than thirty members9b: as /rom the date o/ commencement o/ the %onstit tion 9Thirty3si0th Amendment: Act, 45AB 9herea/ter in this article re/erred to as the a,,ointed day:8 9i: the Assembly /or !i>>im /ormed as a res lt o/ the elections held in !i>>im in A,ril, 45A6 1ith thirty3t1o members elected in the said elections 9hereina/ter re/erred to as the sitting members: shall be deemed to be the Legislative Assembly o/ the !tate o/ !i>>im d ly constit ted nder this %onstit tion-

9ii: the sitting members shall be deemed to be the members o/ the Legislative Assembly o/ the !tate o/ !i>>im d ly elected nder this %onstit tion- and 9iii: the said Legislative Assembly o/ the !tate o/ !i>>im shall e0ercise the ,o1ers and ,er/orm the / nctions o/ the Legislative Assembly o/ a !tate nder this %onstit tion9c: in the case o/ the Assembly deemed to be the Legislative Assembly o/ the !tate o/ !i>>im nder cla se 9b:, the re/erences to the ,eriod o/ /ive years, in cla se 94: o/ article 4A; shall be constr ed as re/erences to a ,eriod o/ /o r years and the said ,eriod o/ /o r years shall be deemed to commence /rom the a,,ointed day9d: ntil other ,rovisions are made by Parliament by la1, there shall be allotted to the !tate o/ !i>>im one seat in the Ho se o/ the Peo,le and the !tate o/ !i>>im shall /orm one ,arliamentary constit ency to be called the ,arliamentary constit ency /or !i>>im9e: the re,resentative o/ the !tate o/ !i>>im in the Ho se o/ the Peo,le in e0istence on the a,,ointed day shall be elected by the members o/ the Legislative Assembly o/ the !tate o/ !i>>im9/: Parliament may, /or the , r,ose o/ ,rotecting the rights and interests o/ the di//erent sections o/ the ,o, lation o/ !i>>im ma>e ,rovision /or the n mber o/ seats in the Legislative Assembly o/ the !tate o/ !i>>im 1hich may be /illed by candidates belonging to s ch sections and /or the delimitation o/ the assembly constit encies /rom 1hich candidates belonging to s ch sections alone may stand /or election to the Legislative Assembly o/ the !tate o/ !i>>im9g: the $overnor o/ !i>>im shall have s,ecial res,onsibility /or ,eace and /or an e= itable arrangement /or ens ring the social and economic advancement o/ di//erent sections o/ the ,o, lation o/ !i>>im and in the discharge o/ his s,ecial res,onsibility nder this cla se, the $overnor o/ !i>>im shall, s bHect to s ch directions as the President may, /rom time to time, deem /it to iss e, act in his discretion9h: all ,ro,erty and assets 91hether 1ithin or o tside the territories com,rised in the !tate o/ !i>>im: 1hich immediately be/ore the a,,ointed day 1ere vested in the $overnment o/ !i>>im or in any other a thority or in any ,erson /or the , r,oses o/ the $overnment o/ !i>>im shall, as /rom the a,,ointed day, vest in the $overnment o/ the !tate o/ !i>>im9i: the High %o rt / nctioning as s ch immediately be/ore the a,,ointed day in the territories com,rised in the !tate o/ !i>>im shall, on and /rom the a,,ointed day, be deemed to be the High %o rt /or the !tate o/ !i>>im9H: all co rts o/ civil, criminal and reven e H risdiction, all a thorities and all o//icers, H dicial, e0ec tive and ministerial, thro gho t the territory o/ the !tate o/ !i>>im shall contin e on and /rom the a,,ointed day to e0ercise their res,ective / nctions s bHect to the ,rovisions o/ this %onstit tion9>: all la1s in /orce immediately be/ore the a,,ointed day in the territories com,rised in the !tate o/ !i>>im or any ,art thereo/ shall contin e to be in /orce therein ntil amended or re,ealed by a com,etent Legislat re or other com,etent a thority9l: /or the , r,ose o/ /acilitating the a,,lication o/ any s ch la1 as is re/erred to in cla se 9>: in relation to the administration o/ the !tate o/ !i>>im and /or the , r,ose o/ bringing the ,rovisions o/ any s ch la1 into accord 1ith the ,rovisions o/ this

%onstit tion, the President may, 1ithin t1o years /rom the a,,ointed day, by order, ma>e s ch ada,tations and modi/ications o/ the la1, 1hether by 1ay o/ re,eal or amendment, as may be necessary or e0,edient, and there ,on, every s ch la1 shall have e//ect s bHect to the ada,tations and modi/ications so made, and any s ch ada,tation or modi/ication shall not be = estioned in any co rt o/ la19m: neither the ! ,reme %o rt nor any other co rt shall have H risdiction in res,ect o/ any dis, te or other matter arising o t o/ any treaty, agreement, engagement or other similar instr ment relating to !i>>im 1hich 1as entered into or e0ec ted be/ore the a,,ointed day and to 1hich the $overnment o/ India or any o/ its ,redecessor $overnments 1as a ,arty, b t nothing in this cla se shall be constr ed to derogate /rom the ,rovisions o/ article 46<9n: the President may, by , blic noti/ication, e0tend 1ith s ch restrictions or modi/ications as he thin>s /it to the !tate o/ !i>>im any enactment 1hich is in /orce in a !tate in India at the date o/ the noti/ication9o: i/ any di//ic lty arises in giving e//ect to any o/ the /oregoing ,rovisions o/ this article, the President may, by order, do anything 9incl ding any ada,tation or modi/ication o/ any other article: 1hich a,,ears to him to be necessary /or the , r,ose o/ removing that di//ic lty* Provided that no s ch order shall be made a/ter the e0,iry o/ t1o years /rom the a,,ointed day9,: all things done and all actions ta>en in or in relation to the !tate o/ !i>>im or the territories com,rised therein d ring the ,eriod commencing on the a,,ointed day and ending immediately be/ore the date on 1hich the %onstit tion 9Thirty3si0th Amendment: Act, 45AB, receives the assent o/ the President shall, in so /ar as they are in con/ormity 1ith the ,rovisions o/ this %onstit tion as amended by the %onstit tion 9Thirty3si0th Amendment: Act, 45AB, be deemed /or all , r,oses to have been validly done or ta>en nder this %onstit tion as so amended7 <A4$7 !,ecial ,rovision 1ith res,ect to the !tate o/ 'i)oram78Not1ithstanding anything in this %onstit tion,8 9a: no Act o/ Parliament in res,ect o/8 9i: religio s or social ,ractices o/ the 'i)os, 9ii: 'i)o c stomary la1 and ,roced re, 9iii: administration o/ civil and criminal H stice involving decisions according to 'i)o c stomary la1, 9iv: o1nershi, and trans/er o/ land, shall a,,ly to the !tate o/ 'i)oram nless the Legislative Assembly o/ the !tate o/ 'i)oram by a resol tion so decides * Provided that nothing in this cla se shall a,,ly to any %entral Act in /orce in the &nion territory o/ 'i)oram immediately be/ore the commencement o/ the %onstit tion 9Fi/ty3third Amendment: Act, 45FC9b: the Legislative Assembly o/ the !tate o/ 'i)oram shall consist o/ not less than /orty members7 <A4H7 !,ecial ,rovision 1ith res,ect to the !tate o/ Ar nachal Pradesh78 Not1ithstanding anything in this %onstit tion,8 9a: the $overnor o/ Ar nachal Pradesh shall have s,ecial res,onsibility 1ith res,ect

to la1 and order in the !tate o/ Ar nachal Pradesh and in the discharge o/ his / nctions in relation thereto, the $overnor shall, a/ter cons lting the %o ncil o/ 'inisters, e0ercise his individ al H dgment as to the action to be ta>en* Provided that i/ any = estion arises 1hether any matter is or is not a matter as res,ects 1hich the $overnor is nder this cla se re= ired to act in the e0ercise o/ his individ al H dgment, the decision o/ the $overnor in his discretion shall be /inal, and the validity o/ anything done by the $overnor shall not be called in = estion on the gro nd that he o ght or o ght not to have acted in the e0ercise o/ his individ al H dgment* Provided / rther that i/ the President on recei,t o/ a re,ort /rom the $overnor or other1ise is satis/ied that it is no longer necessary /or the $overnor to have s,ecial res,onsibility 1ith res,ect to la1 and order in the !tate o/ Ar nachal Pradesh, he may by order direct that the $overnor shall cease to have s ch res,onsibility 1ith e//ect /rom s ch date as may be s,eci/ied in the order9b: the Legislative Assembly o/ the !tate o/ Ar nachal Pradesh shall consist o/ not less than thirty members7 <A43I7 !,ecial ,rovision 1ith res,ect to the !tate o/ $oa78Not1ithstanding anything in this %onstit tion, the Legislative Assembly o/ the !tate o/ $oa shall consist o/ not less than thirty members7 <A;7 %ontin ance in /orce o/ e0isting la1s and their ada,tation7894: Not1ithstanding the re,eal by this %onstit tion o/ the enactments re/erred to in article <5B b t s bHect to the other ,rovisions o/ this %onstit tion, all the la1 in /orce in the territory o/ India immediately be/ore the commencement o/ this %onstit tion shall contin e in /orce therein ntil altered or re,ealed or amended by a com,etent Legislat re or other com,etent a thority7 9;: For the , r,ose o/ brining the ,rovisions o/ any la1 in /orce in the territory o/ India into accord 1ith the ,rovisions o/ this %onstit tion, the President may by order ma>e s ch ada,tations and modi/ications o/ s ch la1, 1hether by 1ay o/ re,eal or amendment, as may be necessary or e0,edient, and ,rovide that the la1 shall, as /rom s ch date as may be s,eci/ied in the order, have e//ect s bHect to the ada,tations and modi/ications so made, and any s ch ada,tation or modi/ication shall not be = estioned in any co rt o/ la17 9<: Nothing in cla se 9;: shall be deemed8 9a: to em,o1er the President to ma>e any ada,tation or modi/ication o/ any la1 a/ter the e0,iration o/ three years /rom the commencement o/ this %onstit tion- or 9b: to ,revent any com,etent Legislat re or other com,etent a thority /rom re,ealing or amending any la1 ada,ted or modi/ied by the President nder the said cla se7 E0,lanation I78The e0,ression Dla1 in /orceI in this article shall incl de a la1 ,assed or made by a Legislat re or other com,etent a thority in the territory o/ India be/ore the commencement o/ this %onstit tion and not ,revio sly re,ealed, not1ithstanding that it or ,arts o/ it may not be then in o,eration either at all or in ,artic lar areas7 E0,lanation II78Any la1 ,assed or made by a Legislat re or other com,etent a thority in the territory o/ India 1hich immediately be/ore the commencement o/ this %onstit tion had e0tra3territorial e//ect as 1ell as e//ect in the territory o/ India

shall, s bHect to any s ch ada,tations and modi/ications as a/oresaid, conti e to have s ch e0tra3territorial e//ect7 E0,lanation III78Nothing in this article shall be constr ed as contin ing any tem,orary la1 in /orce beyond the date /i0ed /or its e0,iration or the date on 1hich it 1o ld have e0,ired i/ this %onstit tion had not come into /orce7 E0,lanation I"78An Ordinance ,rom lgated by the $overnor o/ a Province nder section FF o/ the $overnment o/ India Act, 45<B, and in /orce immediately be/ore the commencement o/ this %onstit tion shall, nless 1ithdra1n by the $overnor o/ the corres,onding !tate earlier, cease to o,erate at the e0,iration o/ si0 1ee>s /rom the /irst meeting a/ter s ch commencement o/ the Legislative Assembly o/ that !tate / nctioning nder cla se 94: o/ article <F;, and nothing in this article shall be constr ed as contin ing any s ch Ordinance in /orce beyond the said ,eriod7 <A;A7 Po1er o/ the President to ada,t la1s7894: For the , r,oses o/ bringing the ,rovisions o/ any la1 in /orce in India or in any ,art thereo/, immediately be/ore the commencement o/ the %onstit tion 9!eventh Amendment: Act, 45BC, into accord 1ith the ,rovisions o/ this %onstit tion as amended by that Act, the President may by order made be/ore the /irst day o/ November, 45BA, ma>e s ch ada,tations and modi/ications o/ the la1, 1hether by 1ay o/ re,eal or amendment, as may be necessary or e0,edient, and ,rovide that the la1 shall, as /rom s ch date as may be s,eci/ied in the order, have e//ect s bHect to the ada,tations and modi/ications so made, and any s ch ada,tation or modi/ication shall not be = estioned in any co rt o/ la17 9;: Nothing in cla se 94: shall be deemed to ,revent a com,etent Legislat re or other com,etent a thority /rom re,ealing or amending any la1 ada,ted or modi/ied by the President nder the said cla se7 <A<7 Po1er o/ President to ma>e order in res,ect o/ ,ersons nder ,reventive detention in certain cases78&ntil ,rovision is made by Parliament nder cla se 9A: o/ article ;;, or ntil the e0,iration o/ one year /rom the commencement o/ this %onstit tion, 1hichever is earlier, the said article shall have e//ect as i/ /or any re/erence to Parliament in cla ses 96: and 9A: thereo/ there 1ere s bstit ted a re/erence to the President and /or any re/erence to any la1 made by Parliament in those cla ses there 1ere s bstit ted a re/erence to an order made by the President7 <A67 Provisions as to + dges o/ the Federal %o rt and ,roceedings ,ending in the Federal %o rt or be/ore His 'aHesty in %o ncil7894: The + dges o/ the Federal %o rt holding o//ice immediately be/ore the commencement o/ this %onstit tion shall, nless they have elected other1ise, become on s ch commencement the + dges o/ the ! ,reme %o rt and shall there ,on be entitled to s ch salaries and allo1ances and to s ch rights in res,ect o/ leave o/ absence and ,ension as are ,rovided /or nder article 4;B in res,ect o/ the + dges o/ the ! ,reme %o rt7 9;: All s its, a,,eals and ,roceedings, civil or criminal, ,ending in the Federal %o rt at the commencement o/ this %onstit tion shall stand removed to the ! ,reme %o rt, and the ! ,reme %o rt shall have H risdiction to hear and determine the same, and the H dgments and orders o/ the Federal %o rt delivered or made be/ore the commencement o/ this %onstit tion shall have the same /orce and e//ect as i/ they had been delivered or made by the ! ,reme %o rt7

9<: Nothing in this %onstit tion shall o,erate to invalidate the e0ercise o/ H risdiction by His 'aHesty in %o ncil to dis,ose o/ a,,eals and ,etitions /rom, or in res,ect o/, any H dgment, decree or order o/ any co rt 1ithin the territory o/ India in so /ar as the e0ercise o/ s ch H risdiction is a thorised by la1, and any order o/ His 'aHesty in %o ncil made on any s ch a,,eal or ,etition a/ter the commencement o/ this %onstit tion shall /or all , r,oses have e//ect as i/ it 1ere an order or decree made by the ! ,reme %o rt in the e0ercise o/ the H risdiction con/erred on s ch %o rt by this %onstit tion7 96: On and /rom the commencement o/ this %onstit tion the H risdiction o/ the a thority / nctioning as the Privy %o ncil in a !tate s,eci/ied in Part ( o/ the First !ched le to entertain and dis,ose o/ a,,eals and ,etitions /rom or in res,ect o/ any H dgment, decree or order o/ any co rt 1ithin that !tate shall cease, and all a,,eals and other ,roceedings ,ending be/ore the said a thority at s ch commencement shall be trans/erred to, and dis,osed o/ by, the ! ,reme %o rt7 9B: F rther ,rovision may be made by Parliament by la1 to give e//ect to the ,rovisions o/ this article7 <AB7 %o rts, a thorities and o//icers to contin e to / nction s bHect to the ,rovisions o/ the %onstit tion78All co rts o/ civil, criminal and reven e H risdiction, all a thorities and all o//icers, H dicial, e0ec tive and ministerial, thro gho t the territory o/ India, shall contin e to e0ercise their res,ective / nctions s bHect to the ,rovisions o/ this %onstit tion7 <AC7 Provisions as to + dges o/ High %o rts7894: Not1ithstanding anything in cla se 9;: o/ article ;4A, the + dges o/ a High %o rt in any Province holding o//ice immediately be/ore the commencement o/ this %onstit tion shall, nless they have elected other1ise, become on s ch commencement the + dges o/ the High %o rt in the corres,onding !tate, and shall there ,on be entitled to s ch salaries and allo1ances and to s ch rights in res,ect o/ leave o/ absence and ,ension as are ,rovided /or nder article ;;4 in res,ect o/ the + dges o/ s ch High %o rt7 Any s ch + dge shall, not1ithstanding that he is not a citi)en o/ India, be eligible /or a,,ointment as %hie/ + stice o/ s ch High %o rt, or as %hie/ + stice or other + dge o/ any other High %o rt7 9;: The + dges o/ a High %o rt in any Indian !tate corres,onding to any !tate s,eci/ied in Part ( o/ the First !ched le holding o//ice immediately be/ore the commencement o/ this %onstit tion shall, nless they have elected other1ise, become on s ch commencement the + dges o/ the High %o rt in the !tate so s,eci/ied and shall, not1ithstanding anything in cla ses 94: and 9;: o/ article ;4A b t s bHect to the ,roviso to cla se 94: o/ that article, contin e to hold o//ice ntil the e0,iration o/ s ch ,eriod as the President may by order determine7 9<: In this article, the e0,ression D+ dgeI does not incl de an acting + dge or an additional + dge7 <AA7 Provisions as to %om,troller and A ditor3$eneral o/ India78The A ditor3 $eneral o/ India holding o//ice immediately be/ore the commencement o/ this %onstit tion shall, nless he has elected other1ise, become on s ch commencement the %om,troller and A ditor3$eneral o/ India and shall there ,on be entitled to s ch salaries and to s ch rights in res,ect o/ leave o/ absence and ,ension as are ,rovided

/or nder cla se 9<: o/ article 46F in res,ect o/ the %om,troller and A ditor3$eneral o/ India and be entitled to contin e to hold o//ice ntil the e0,iration o/ his term o/ o//ice as determined nder the ,rovisions 1hich 1ere a,,licable to him immediately be/ore s ch commencement7 <AF7 Provisions as to P blic !ervice %ommissions7894: The members o/ the P blic !ervice %ommission /or the Dominion o/ India holding o//ice immediately be/ore the commencement o/ this %onstit tion shall, nless they have elected other1ise, become on s ch commencement the members o/ the P blic !ervice %ommission /or the &nion and shall, not1ithstanding anything in cla ses 94: and 9;: o/ article <4C b t s bHect to the ,roviso to cla se 9;: o/ that article, contin e to hold o//ice ntil the e0,iration o/ their term o/ o//ice as determined nder the r les 1hich 1ere a,,licable immediately be/ore s ch commencement to s ch members7 9;: The 'embers o/ a P blic !ervice %ommission o/ a Province or o/ a P blic !ervice %ommission serving the needs o/ a gro , o/ Provinces holding o//ice immediately be/ore the commencement o/ this %onstit tion shall, nless they have elected other1ise, become on s ch commencement the members o/ the P blic !ervice %ommission /or the corres,onding !tate or the members o/ the +oint !tate P blic !ervice %ommission serving the needs o/ the corres,onding !tates, as the case may be, and shall, not1ithstanding anything in cla ses 94: and 9;: o/ article <4C b t s bHect to the ,roviso to cla se 9;: o/ that article, contin e to hold o//ice ntil the e0,iration o/ their term o/ o//ice as determined nder the r les 1hich 1ere a,,licable immediately be/ore s ch commencement to s ch members7 <AFA7 !,ecial ,rovision as to d ration o/ Andhra Pradesh Legislative Assembly78 Not1ithstanding anything contained in article 4A;, the Legislative Assembly o/ the !tate o/ Andhra Pradesh as constit ted nder the ,rovisions o/ sections ;F and ;5 o/ the !tates #eorganisation Act, 45BC, shall, nless sooner dissolved, contin e /or a ,eriod o/ /ive years /rom the date re/erred to in the said section ;5 and no longer and the e0,iration o/ the said ,eriod shall o,erate as a dissol tion o/ that Legislative Assembly7 <A578<547 #e,7 by the %onstit tion 9!eventh Amendment: Act, 45BC, s7 ;5 and !ch7 <5;7 Po1er o/ the President to remove di//ic lties7894: The President may, /or the , r,ose o/ removing any di//ic lties, ,artic larly in relation to the transition /rom the ,rovisions o/ the $overnment o/ India Act, 45<B, to the ,rovisions o/ this %onstit tion, by order direct that this %onstit tion shall, d ring s ch ,eriod as may be s,eci/ied in the order, have e//ect s bHect to s ch ada,tations, 1hether by 1ay o/ modi/ication, addition or omission, as he may deem to be necessary or e0,edient* Provided that no s ch order shall be made a/ter the /irst meeting o/ Parliament d ly constit ted nder %ha,ter II o/ Part "7 9;: Every order made nder cla se 94: shall be laid be/ore Parliament7 9<: The ,o1ers con/erred on the President by this article, by article <;6, by cla se 9<: o/ article <CA and by article <54 shall, be/ore the commencement o/ this %onstit tion, be e0ercisable by the $overnor3$eneral o/ the Dominion o/ India7

PART XXII SHORT TITLE, COMMENCEMENT, AUTHORITATIVE HINDI AND REPEALS

TEXT IN

<5<7 !hort title78This %onstit tion may be called the %onstit tion o/ India7 <567 %ommencement78This article and articles B, C, A, F, 5, CG, <;6, <CC, <CA, <A5, <FG, <FF, <54, <5; and <5< shall come into /orce at once, and the remaining ,rovisions o/ this %onstit tion shall come into /orce on the t1enty3si0th day o/ +an ary, 45BG, 1hich day is re/erred to in this %onstit tion as the commencement o/ this %onstit tion7 <56A7 A thoritative te0t in the Hindi lang age7894: The President shall ca se to be , blished nder his a thority,8 9a: the translation o/ this %onstit tion in the Hindi lang age, signed by the members o/ the %onstit ent Assembly, 1ith s ch modi/ications as may be necessary to bring it in con/ormity 1ith the lang age, style and terminology ado,ted in the a thoritative te0ts o/ %entral Acts in the Hindi lang age, and incor,orating therein all the amendments o/ this %onstit tion made be/ore s ch , blication- and 9b: the translation in the Hindi lang age o/ every amendment o/ this %onstit tion made in the English lang age7 9;: The translation o/ this %onstit tion and o/ every amendment thereo/ , blished nder cla se 94: shall be constr ed to have the same meaning as the original thereo/ and i/ any di//ic lty arises in so constr ing any ,art o/ s ch translation, the President shall ca se the same to be revised s itably7 9<: The translation o/ this %onstit tion and o/ every amendment thereo/ , blished nder this article shall be deemed to be, /or all , r,oses, the a thoritative te0t thereo/ in the Hindi lang age7 <5B7 #e,eals78The Indian Inde,endence Act, 456A, and the $overnment o/ India Act, 45<B, together 1ith all enactments amending or s ,,lementing the latter Act, b t not incl ding the Abolition o/ Privy %o ncil + risdiction Act, 4565, are hereby re,ealed7

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