Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com CONSTITUTION OF INDIA 99 of 1949 CONTENTS PART 1 :- THE UNION AND ITS TERRITORY 1. Name and territory of the Union 2. Admission or establishment of new States 2A. Sikkim To Be Associated With The Union 3. Formation of new States and alteration of areas, boundaries or names of existing States 4. Laws made under Arts. 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters PART 2 :- CITIZENSHIP 5. Citizenship at the commencement of the Constitution 6 . Rights of citizenship of certain persons who have migrated to India from Pakistan 7. Rights of citizenship of certain migrants to Pakistan 8. Rights of citizenship of certain persons of Indian origin residing outside India 9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens 10. Continuance of the rights of citizenship 11. Parliament to regulate the right the citizenship by law PART 3 :- FUNDAMENTAL RIGHTS 12. Definition 13. Laws inconsistent with or in derogation of the fundamental rights 14. Equality before law 15. Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth 16. Equality of opportunity in matters of public employment 17. Abolition of untouchabUity 18. Abolition of titles 19. Protection of certain rights regarding freedom of speech, etc 20. Protection in respect of conviction for offences 21. Protection of life and personal liberty 21A. Right To Education 22. Protection against arrest and detention in certain cases 23. Prohibition of traffic in human beings and forced labour 24. Prohibition of employment of children in factories, etc 25. Freedom of conscience and free profession, practice and prop- agation of religion 26. Freedom to manage religious affairs 27. Freedom as to payment of taxes for promotion of any particular religion 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions 29. Protection of Interests of minorities 30. Right of minorities to establish and administer educational in- stitutions 31. Omitted 31A. Saving Of Laws Providing For Acquisition Of Estates, Etc 31B. Validation Of Certain Acts And Regulations 31C. Saving Of Laws Giving Effect To Certain Directive Principles 31D. Saving Of Laws In Respect Of Anti-National Activities 32. Remedies for enforcement of rights conferred by this Part 32A. Omitted 33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc 34. Restriction on rights conferred by this Part while martial law is in force in any area 35. Legislation to give effect to the provisions of this Part.-Not withstanding anything in this Constitution PART 4 :- DIRECTIVE PRINCIPLES OF STATE POLICY 36. Definition 37. Application of the principles contained In this Part 38. State to secure a social order for the promotion of welfare of the people 39. Certain principles of policy to be followed by the State 39A. Equal Justice And Free Legal Aid 40. Organisation of village panchayats 41. Right to work, to education and to public assistance in certain cases 42. Provision for just and humane conditions of work and maternity relief 43. Living wage, etc., for workers 43A. Participation Of Workers In Management Of Industries 44. Uniform civil code for the citizens 45. Provision for early childhood care and education to children below the age of six years. 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections 4 7 . D uty of the State to raise the level of nutrition and the standard of living and to improve public health 48. Organisation of agriculture and animal husbandry 4 8 A . Protection And Improvement Of Environment And Safe- Guarding Of Forests And Wild Life 49. Protection of monuments and places and objects of national importance 50. Separation of Judiciary from executive 51. Promotion of international peace and security 51A. Fundamental Duties PART 5 :- THE UNION CHAPTER 1 :- The Executive 52. The President of India 53. Executive power of the Union 54. Election of President 55. Manner of election of President 56. Term of office of President 57. Eligibility for re-election 58. Qualifications for election as President 59. Conditions of Presidents office 60. Oath or affirmation by the President 61. Procedure for impeachment of the President 62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy 63. The Vice-President of India 64. The Vice-President to be ex-officio Chairman of the Council of States 65. The Vice-President to act as President or to discharge his func- tions during casual vacancies in the office, or during the absence, of President 66. ElectionofVice-President 67. Term of office of Vice-President 68. Time of holding election to fill vacancy in the office of Vice- President and the term of office of person elected to fill casual vacancy 69. Oath or affirmation by the Vice-President 70. Discharge of Presidents functions in other contingencies 7 1 . Matters relating to, or connected with, the election of a President or Vice-President 72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases 73. Extent of executive power of the Union 74. Council of Ministers to aid and advise President 75. Other provisions as to Ministers 76. Attorney-General for India 77. Conduct of business of the Government of India 78. Duties of Prime Minister as respects the furnishing of informa- tion to the President, etc CHAPTER 2 :- General 79. Constitution of Parliament 80. Composition of the Council of States 81. Composition of the House of the People 82. Readjustment after each census 83. Duration of House of Parliament 84. Qualification for membership of Parliament 85. Sessions of Parliament, prorogation and dissolution 86. Right of President to address and send messages to Houses 87. Special address by the President 88. Right of Ministers and Attorney-General as respects Houses 89. The Chairman and Deputy Chairman of the Council of States 90. Vacation and resignation of, and removal from, the office of Deputy Chairman 91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman 92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration 93. The Speaker and Deputy Speaker of the House of the People 94. Vacation and resignation of and removal from, the offices of Speaker and Deputy Speaker 95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as. Speaker 96. T he Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration 97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker 98. Secretariat of Parliament 99. 0ath or affirmation by members 100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum 101. Vacation of seats 102. Disqualifications for membership 103. Decision on questions as to disqualifications of members 1 0 4 . Penalty for sitting and voting before making oath or affirmation under Art. 99 or when not qualified or when disqualified 105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof 106. Salaries and allowances of members 107. Provisions as to introduction and passing of Bills 108. Joint sitting of both Houses in certain cases 109. Special procedure in respect of Money Bills 110. Definition of "Money Bills 111. Assent to Bills 112. Annual financial statement 113. Procedure in Parliament with respect to estimates 114. Appropriation Bills 115. Supplementary, additional or excess grants 116. Votes on account, votes of credit and exceptional grants 117. Special provisions as to financial Bills 118. Rules of procedure 119. Regulation by law of procedure in Parliament in relation to financial business 120. Language to be used in Parliament 121. Restriction on discussion in Parliament 122. Courts not to inquire into proceedings of Parliament CHAPTER 3 :- Legislative Powers of the President 123. Power of President to promulgate Ordinances during recess of Parliament CHAPTER 4 :- The Union Judiciary 124. Establishment and Constitution of Supreme Court 125. Salaries, etc. of Judges 126. Appointment of acting Chief Justice 127. Appointment of ad hoc Judges 128. Attendance of retired Judges at sittings of the Supreme Court 129. Supreme Court to be a Court of record 130. Seat of Supreme Court 131. Original jurisdiction of the Supreme Court 131A. Repealed 132. Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases 133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters 134. Appellate jurisdiction of Supreme Court in regard to criminal matters 134A. Certificate For Appeal To The Supreme Court 135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court 136. Special leave to appeal by the Supreme Court 137. Review of judgments or orders by the Supreme Court 138. Enlargement of the jurisdiction of the Supreme Court 139. Conferment on the Supreme Court of powers to issue certain writs 139A. Transfer Of Certain Cases 140. Ancillary powers of Supreme Court 141. Law declared by Supreme Court to be binding on all courts 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc 143. Power of President to consult Supreme Court 144. Civil and judicial authorities to act in aid of the Supreme Court 144A. Special Provisions As To Disposal Of Questions Relating To Constitutional Validity Of Laws 145. Rules of Court, etc 146. Officers and servants and the expenses of the Supreme Court 147. Interpretation CHAPTER 5 :- Comptroller and Auditor-General of India 148. Comptroller and Auditor-General of India 149. Duties and powers of the Comptroller and Auditor General 150. Form of accounts of the Union and of the States 151. Audit reports PART 6 :- THE STATES 152. Definition 153. Governor of States 154. Executive power of State 155. Appointment of Governor 156. Term of office of Governor 157. Qualifications for appointment as Governor 158. Conditions of Governors office 159. Oath or affirmation by the Governor 1 6 0 . Discharge of the functions of the Governor in certain contingencies 1 6 1 . Power to Governor to grant pardons, etc., and to suspend,remit or commute sentences in certain cases 162. Extent of executive power of State 163. Council of Ministers to aid and advise Governor 164. Other provisions as to Ministers 165. Advocate-General for the State 166. Conduct of business of the Government of a State 167. Duties of Chief Minister as respects the furnishing of informa- tion to Governor, etc 168. Constitution of Legislatures in States 169. Abolition or creation of Legislative Councils in States 170. Composition of the Legislative Assemblies 171. Composition of the Legislative Councils 172. Duration of State Legislatures 173. Qualification for membership of the State Legislature 174. Sessions of the State Legislature, prorogation and dissolution 175. Right of Governor to address and send messages to the House or Houses 176. Special address by the Governor 177. Rights of Ministers and Advocate-General as respects the Houses 178. The Speaker and Deputy Speaker of the Legislative Assembly 179. Vacation and resignation of, and removal from, the officers of Speaker and Deputy Speaker 180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker 181. The Speaker or the Deputy Speaker not to preside while a resolution for bis removal from office is under consideration 182. The Chairman and Deputy Chairman of the Legislative Council 183. Vacation and resignation of, and removal from, the office of Chairman and Deputy Chairman 184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman 185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration 186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman 187. Secretariat of State Legislature 188. Oath or affirmation by members 189. Voting in Houses, power of Houses to act notwithstanding va- cancies and quorum 190. Vacation of seats 191. Disqualifications for membership 192. Decision on questions as to disqualifications of members 193. Penalty for sitting and voting before making oath or affirma- tion under Art. 188 or when not qualified or when disqualified 194. Powers, privileges, etc. of the Houses of Legislatures and of the members and committees thereof 195. Salaries and allowances of members 196. Provisions as to introduction and passing of Bills 197. Restriction on Powers of Legislative Council as to Bills other than Money Bills 198. Special procedure in respect of Money Bills 199. Definition of "Money Bills" 200. Assent to Bills 201. Bills reserved for consideration 202. Annual financial statement 203. Procedure in Legislature with respect to estimates 204. Appropriation Bills 205. Supplementary, additional or excess grants 206. Votes on account, votes of credit and exceptional grants 207. Special provisions as to financial Bills 208. Rules of procedure 209. Regulation by law of procedure in the Legislature of the State in relation to financial business 210. Language to be used in the Legislature 211. Restriction on discussion in the Legislature 212. Courts not to inquire into proceedings of the Legisla- ture 213. Power of Governor to promulgate Ordinances during recess of Legislature 214. High Courts for States 215. High Courts to be Courts of record 216. Constitution of High Courts 217. Appointment and conditions of the office of a Judge of a High Court 218. Application of certain provisions relating to Supreme Court to High Courts 219. Oath or affirmation by Judges of High Courts 220. Restriction on practice after being a permanent Judge 221. Salaries etc. of Judges 222. Transfer of a Judge from one High Court to another 223. Appointment of acting Chief Justice 224. Appointment of additional and acting Judges 224A. Appointment Of Retired Judges At Sittings Of High Courts 225. Jurisdiction of existing High Courts 226. Power of High Courts to Issue certain writs 226A. Constitutional Validity Of Central Laws Not To Be Considered In Proceedings Under Art. 226 227. Power of superintendence over all courts by the High Court 228. Transfer of certain cases to High Court 228A. Special provisions as to disposal of question relating to constitutional validity of State laws 229. Officers and servants and the expenses of High Courts 230. Extension of jurisdiction of High Courts to Union territories 231. Establishment of a common High Court for two or more States 232. REPEALED CHAPTER 6 :- Subordinate Courts 233. Appointment of District Judges 233A. Validation Of Appointments Of, And Judgments, Etc., Deliv- Ered By, Certain District Judges 234. Recruitment of persons other than District Judges to the ju- dicial service 235. Control over subordinate Courts 236. Interpretation 237. Application of the provisions of this Chapter to certain class or classes of Magistrates PART 7 :- THE STATES IN PART-B OF THE FIRST SCHEDULE 238. Repealed PART 8 :- THE UNION TERRITORIES 239. Administration of Union Territories 239A. Creation Of Local Legislatures Or Council Of Ministers Or Both For Certain Union Territories 239AA. Special Provisions With Respect To Delhi 239AB. Provision In Case Of Failure Of Constitutional Machinery 239B. Power Of Administrator To Promulgate Ordinances During Recess Of Legislature 240. Power of President to make regulations for certain Union ter- ritories 241. High Courts for Union territory 242. REPEALED PART 9 :- THE PANCHAYATS 243. Definitions 243A. Gram Sabha 243B. Constitution Of Panchayats 243C. Composition Of Panchayats 243D. Reservation Of Seats 243F. Disqualifications For Membership 243G. Powers, Authority And Responsibilities Of Pancha- Yats 243H. Powers To Impose Taxes By, And Funds Of, The Panchayats 243I . Constitution Of Finance Commission To Review Financial Position 243J. Audit Of Accounts Of Panchayats 243K. Elections Of The Panchayats 243L. Application To Union Territories 243M. Part Not To Apply To Certain Areas 243N. Continuance Of Existing Laws And Panchayats 243O. Bar To Interference By Courts In Electoral Matters 243P. Definitions 243Q. Constitution Of Municipallties 243R. Composition Of Municipalities 243S. Constitution And Composition Of Wards Committees, Etc 243T. Reservation Of Seats 243U. Duration Of Municipalities, Etc 243V. Disqualifications For Membership 243W. Powers, Authority And Responsibilities Of Municipalities,Etc 243X. Power To Impose Taxes By, And Funds Of, The Municipalities 243Y. Finance Commission 243Z. Audit Of Accounts Of Municipalities 243ZA. Eiection To The Municipalitles 243ZB. Application To Union Territories 243ZC. Part Not To Apply To Certain Areas 243ZD. Committee For District Plannlng 243ZE. Committee For Metropolitan Planning 243ZF. Continuance Of Existing Laws And Municipalities 243ZG. Bar To Interference By Courts In Electoral Matters PART 10 :- THE SCHEDULED AND TRIBAL AREAS 244. Administration of Scheduled Areas and Tribal Areas 244A. Formation Of Autonomous State Comprising Certain Tribal Areas In Assam And Creation Of Local Legislature Or Council Of Ministers Or Both Therefor PART 11 :- RELATIONS BETWEEN THE UNION AND THE STATES 245. Extent of laws made by Parliament and by the Legislatures of States 246. Subject-matter of laws made by Parliament and by the Legislatures of States 247. Power of Parliament to provide for the establishment of certain additional courts 248. Residuary powers of legislation 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest 250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation 251. Inconsistency between laws made by Parliament under Arts. 249 and 250 and laws made by the Legislatures of States 252. Power of Parliament to legislate for two or more States by con- sent and adoption of such legislation by any other State 253. Legislation for giving effect to international agree- ments 254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States 255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only 256. Obligation of States and the Union 257. Control of the Union over States in certain cases 257A. Assistance To States By Deployment Of Armed Forces Or Other Forces Of The Union 258. Power of the Union to confer powers, etc., on States In certain cases 258A. Power Of The States To Entrust Functions To The Union 259. Armed forces in States in Part B of the First Schedule 260. Jurisdiction of the Union in relation to territories outside India 261. Public acts, records and judicial proceedings 262. Adjudication of disputes relating to waters of inter-State rivers or river valleys 263. Provisions with respect to an inter-State Council PART 12 :- FINANCE, PROPERTY, CONTRACTS AND SUITS 264. Interpretation 265. Taxes not to be imposed save by authority of law 266. Consolidated Funds and public accounts of India and of the States 267. Contingency Fund 268. Duties levied by the Union but collected and appropriated by the States 268A. Service Tax Levied By Union And Collected And Appropriated By The Union And The States 269. Taxes levied and collected by Union but assigned to the States 270. Taxes levied and distributed between the Union and the States. 271. Surcharge on certain duties and taxes for purposes of the Union 272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States 273. Grants in lieu of export duty on jute and jute products 274. Prior recommendation of President required to Bills affecting taxation in which States are interested 275. Grants from the Union to certain States 276. Taxes on professions, trades, callings and employments 277. Savings 278. Agreement with States in Part B of the First Schedule with regard to certain financial matters 279. Calculation of "net proceeds", etc 280. Finance Commission 281. Recommendations of the Finance Commission 282. Expenditure defrayable by the Union or a State out of its rev- enues 283. Custody, etc. of Consolidated Funds, Contingency Funds and moneys credited to the public accounts 284. Custody of suitors deposits and other moneys received by public servants and courts 285. Exemption of property of the Union from State taxa- tion 286. Restrictions as to imposition of tax on the sale or purchase of goods 287. Exemption from taxes on electricity 288. Exemption from taxation by States in respect of water or elec- tricity in certain cases 289. Exemption of property and income of a State from Union tax- ation 290. Adjustment in respect of certain expenses and pen- sions 290A. Annual Payment To Certain Devaswom Funds 291. Privy purse sums of Rulers 292. Borrowing by the Government of India. 293. Borrowing by States 294. Succession to property, assets, rights, liabilities and obliga- tions in certain cases 295. Succession to property, assets, rights, liabilities and obliga- tions in other cases 296. Property accruing by escheat or lapse of as bona vacan- tia 297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union 298. Power to carry on trade, etc 299. Contracts 300. Suits and proceedings 300A. Persons Not To Be Deprived Of Property Save By Authority Of Law PART 13 :- TRADE, COMMERCE AND INTER COURSE WITHIN THE TERRITORY OF INDIA 301. Freedom of trade, commerce and Intercourse 302. Power of Parliament to impose restrictions on trade, com- merce and intercourse 303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce 304. Restrictions on trade, commerce and intercourse among States 305. Saving of existing laws and laws providing for State monop- olies 306. Power of certain States in Part-B of the First Schedule to im- pose restrictions on trade and commerce 307. Appointment of authority for carrying out the purposes of Arts. 301 to 304 PART 14 :- SERVICES UNDER THE UNION AND THE STATES 308. Interpretation 309. Recruitment and conditions of service of persons serving the Union or a State 310. Tenure of office of persons serving the Union or a State 311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State 312. All-India services 312A. Power Of Parliament To Vary Or Revoke Conditions Of Service Of Officers Of Certain Services 313. Transitional provisions 314. Provision for protection of existing officers of certain services 315. Public Service Commissions for the Union and for the States 316. Appointment and term of office of members 317. Removal and suspension of a member of a Public Service Com- mission 318. Power to make regulations as to conditions of service of mem- bers and staff of the Commission 319. Prohibition as to the holding of offices by members of Com- mission on ceasing to be such members 320. Functions of Public Service Commission 321. Power to extend functions of Public Service Commissions 322. Expenses of Public Service Commissions 323. Reports of Public Service Commissions 323A. Administrative Tribunals 323B. Tribunals For Other Matters PART 15 :- ELECTIONS 324. Superintendence, direction and control of elections to be vested in an Election Commission 325. No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on grounds of religion, race, caste or sex 326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage 327. Power of Parliament to make provision with respect to elec- tions to Legislatures 328. Power of Legislature of a State to make provision with respect to elections to such Legislature 329. Bar to interference by courts in electoral matters 329A. Special Provision As To Elections To Parliament In The Case Of Prime Minister And Speaker PART 16 :- SPE CI AL PROVISIONS RELATING TO CERTAIN CLASSES 330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People 331. Representation ofthe Anglo-Indian community in the House of the People 332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States 333. Representation of the Anglo-Indian community in the Legis- lative Assemblies of the States.-Notwithstanding anything in Art 334. Reservation of seats and special representation to cease after [Sixty years 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts 336. Special provision for Anglo-Indian community in certain ser- vices 337. Special provisions with respect to educational grants for the benefit of Anglo-Indian community 338. National Commission for Scheduled Castes. 338A. National Commission For Scheduled Tribes 339. Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes 340. Appointment of a Commission to investigate the conditions of backward classes 341. Scheduled Castes 342. Scheduled Tribes PART 17 :- OFFICIAL LANGUAGE 343. Official language of the Union 344. Commission and Committee of Parliament on official lan- guage 345. Official language or languages of a State 346. Official language for communication between one State and another or between a State and the Union. 347. Special provision relating to language spoken by a section of the population of a State 348. Language to he used in the Supreme Court and in the High Courts and for Acts, Bills, etc 349. Special procedure for enactment of certain laws relating to language 350. Language to be used in representations for redress of griev- ances 350A. Facilities For Instruction In Mother-Tongue At Primary Stage 350B. Special Officer For Linguistic Minorities 351. Directive for development of Hindi language PART 18 :- EMERGENCY PROVISIONS 352. Proclamation of Emergency 353. Effect of Proclamation of Emergency 354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation 3 5 5 . D u t y of the Union to protect States against external aggression and internal disturbance 356. Provisions in case of failure of constitutional machinery in States 357. Exercise of legislative powers under Proclamation issued under Art. 356 358. Suspension of provisions of Art. 19 during the emergencies 359. Suspension of the enforcement of the rights conferred by Part III during emergencies 359A. Application Of This Part To The State Of Punjab 360. Provisions as to financial emergency PART 19 :- MISCELLANEOUS 361. Protection of President and Governors and Rajpra- mukhs 361A. Protection Of Publication Of Proceedings Of Parliament And State Legislatures 361B. Disqualification For Appointment On Remunerative Political Post 362. Rights and privileges of Rulers of Indian States 363. Bar to interference by Courts in disputes arising out of certain treaties, agreements, etc 363A. Recognition Granted To Rulers Of Indian States To Cease And Privy Purses To Be Abolished 364. Special provisions as to major ports and aerodromes 365. Effect of failure to comply with, or to give effect to, directions given by the Union 366. Definitions 367. Interpretation PART 20 :- AMENDMENT OF THE CONSTITUTION ACT 11 of 1984 368. Power of Parliament to amend the Constitution and procedure therefor PART 21 :- T E M PORA RY, TRANSITIONAL AND SPECIAL PROVISIONS 369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concur- rent List 370. Temporary provisions with respect to the State of Jammu and shmir 371. Special provision with respect to the States 3 [* * *] Maharashtra and Gujarat 371A. Special Provision With Respect To The State Of Nagaland 371B. Special Provision With Respect To The State Of Assam 371C. Special Provision With Respect To The State Of Manipur 371D. Special Provisions With Respect To The State Of Andhra Pradesh 371E. Establishment Of Central University In Andhra Pradesh 371F. Special Provisions With Respect To The State Of Sikkim 371G. Special Provision With Respect To The State Of Mizoram 371H. Special Provision With Respect To The State Of Arunachal Pradesh 371I. Special Provision With Respect To The State Of Goa 372. Continuance in force of existing laws and their adaptation 372A. Power Of The President To Adopt Laws 373. Power of President to make order in respect of persons under preventive detention in certain cases 374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council 375. Courts, authorities and officers to continue to function sub- ject to the provisions of the Constitution 376. Provisions as to Judges of High Courts 377. Provisions as to Comptroller and Auditor-General of India 378. Provisions as to Public Service Commissions 378A . Special Provisions As To Duration Of Andhra Pradesh Legislative Assembly 379. Special provisions as to duration of Andhra Pradesh Legislative Assembly 380. Special provisions as to duration of Andhra Pradesh Legislative Assembly 381. Special provisions as to duration of Andhra Pradesh Legislative Assembly 382. Special provisions as to duration of Andhra Pradesh Legislative Assembly 383. Special provisions as to duration of Andhra Pradesh Legislative Assembly 384. Special provisions as to duration of Andhra Pradesh Legislative Assembly 385. Special provisions as to duration of Andhra Pradesh Legislative Assembly 386. Special provisions as to duration of Andhra Pradesh Legislative Assembly 387. Special provisions as to duration of Andhra Pradesh Legislative Assembly 388. Special provisions as to duration of Andhra Pradesh Legislative Assembly 389. Special provisions as to duration of Andhra Pradesh Legislative Assembly 390. Special provisions as to duration of Andhra Pradesh Legislative Assembly 391. Special provisions as to duration of Andhra Pradesh Legislative Assembly 392. Power of President to remove difficulties PART 22 :- SHORT TITLE, COMMENCEMENT, 1 [AUTHORITATIVE TEXT IN HINDU AND REPEALS 393. Short title 394. Commencement 394A. Authoritative Text In The Hindi Language 395. Repeals SCHEDULE 1 :- FIRST SCHEDULE SCHEDULE 2 :- SECOND SCHEDULE SCHEDULE 3 :- THIRD SCHEDULE SCHEDULE 4 :- FOURTH SCHEDULE SCHEDULE 5 :- FIFTH SCHEDULE SCHEDULE 6 :- SIXTH SCHEDULE SCHEDULE 7 :- SEVENTH SCHEDULE SCHEDULE 8 :- EIGHTH SCHEDULE SCHEDULE 9 :- NINTH SCHEDULE SCHEDULE 10 :- TENTH SCHEDULE SCHEDULE 11 :- ELEVENTH SCHEDULE SCHEDULE 12 :- TWELFTH SCHEDULE CONSTITUTION OF INDIA 99 of 1949 WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a 1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPU B LIC] and to secure to all its citizens: JUSTICE, social, economic and political; LI B ERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the individual and the2[unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEM B LY this twenty-sixth day of November, 1949 , do HERE B Y ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 1. Substituted by the Constitution (Forty- second Amendment) Act, 1976, section 2, for "SOVEREIGN DEMOCRATIC REPUBLIC" (w.e.f. 3-1-1977). 2. Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 2, for "unity of the Nation" (w.e.f. 3-1-1977). PART 1 THE UNION AND ITS TERRITORY 1. Name and territory of the Union :- (1) India, that is Bharat, shall be a Union of States. 1[(2) The States and the territories thereof shall be as specified in the First Schedule.] (3) The territory of India shall comprise- (a) the territories of the States; 2 [(b) the Union territories specified in the First Schedule; and] (c) such other territories as may be acquired. Subs. by the Constitution (Seventh Amendment) Act. 1956, Sec. 2., for Cl. (2). Subs. by Sec. 2. the Constitution (Seventh Amendment) Act.. for sub-clause (b). 2. Admission or establishment of new States :- Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit. 2A. Sikkim To Be Associated With The Union :- Rep. by the Constitution (Thirty-sixth Amendment) Act. 1975, Sec. 5 (w.e.f. 26th April, 1975). 3. Formation of new States and alteration of areas, boundaries or names of existing States :- ,-Parliament may by law- (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State : (b) increase the area of any State : (c) diminish the area of any State : (d) alter the boundaries of any State : (e) alter the name of any State : 4[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States 5 [* * *], the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.] Subs. by the Constitution (Fifth Amendment). Act. 1955. Sec. 2, for the proviso. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 4. Laws made under Arts. 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters :- (1) Any law referred to In Art.2 or Art.3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation In Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary. (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Art.368 . PART 2 CITIZENSHIP 5. Citizenship at the commencement of the Constitution :- A t the commencement of this Constitution, every person who has his domicile in the territory of India and- (a) who was born in the territory of India ; or (b) either of whose parents was born in the territory of India ; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, hall be a citizen of India. 6. Rights of citizenship of certain persons who have migrated to India from Pakistan :- Notwithstanding anything in Art.5 , a person who has migrated to the territory of India from the territory now included In Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if- (a) he or either of his parents or any of his grand- parents was born in India as defined in Government of India Act, 1935 (as originally enacted); and (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948. he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government : Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. 7. Rights of citizenship of certain migrants to Pakistan :- Notwithstanding anything in Art.5 and Art.6 , a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India : Provided that nothing in this article shall apply to person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of Cl. (b) of Art.6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948. 8. Rights of citizenship of certain persons of Indian origin residing outside India :- Notwithstanding anything in Art.5 , any person who or either of whose parents or any of whose grand-parents was born in India as defined in Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India. 9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens :- No person shall be a citizen of India by virtue of Art.5 or be deemed to be a citizen of India by virtue of Art.6 or Art.8 , if he has voluntarily acquired the citizenship of any foreign State. 10. Continuance of the rights of citizenship :- Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen. 11. Parliament to regulate the right the citizenship by law :- Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. PART 3 FUNDAMENTAL RIGHTS 12. Definition :- In this Part, unless the context otherwise requires. "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. 13. Laws inconsistent with or in derogation of the fundamental rights :- (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are Inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. (3) In this article, unless the context otherwise requires,- (a) "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law: (b) "laws in force" includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. 7 [(4) Nothing in this article shall apply to any amendment of this Constitution made under Art.368 .] Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, Sec. 2. 14. Equality before law :- The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. 15. Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth :- (1) The State shall not discriminate against any citizen on the grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them be subject to any disability, liability, restriction or condition with regard to- (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedi- cated to the general use of the public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. 8[(4) Nothing in this article or in Cl. (2) of Art.29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.] 9 "(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.". Added by the Constitution (F irst Amendment) Act. 1951. Sec. 2. I n article 15 of the Constitution of India, after clause (4), the following clause shall be inserted, namely:-- "(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so f a r as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30" by the CONSTITUTION (NINETY-THIRD AMENDMENT) ACT, 2005. 16. Equality of opportunity in matters of public employment :- (1)There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be Ineligible for, o r discriminated against in respect of, any employment or office under the State. (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appoint- 10[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment. (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the service under the State. 11 [(4-A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the state in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the States, are not adequately represented in the services under the State.] (4B) Nothing in this article shall prevent the state from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause(4a) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year. (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. Subs. by the Constitution (Seventh Amendment) Act. 1956, Sec. 29 and Schedule for the words "under any State specified in the First Schedule or any local or other authority within its territory, any requirements as to residence within the State": SEE ALSO S. NAGARAJAN V. DISTRICT COLLECTORS. (1997) 2 S.C.C. 571 AT P. 575 : Madhuri Patil v. Additional Commissioner. Tribunal Development. A.I.R. S.C. 94 at p. 97. Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, Sec. 2. 17. Abolition of untouchabUity :- "Untouchabillty" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out ofUntouchability" shall be an offence punishable in accordance with law 18. Abolition of titles :- (1) No title, not being a military or academic distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State. (3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State. (4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State. 19. Protection of certain rights regarding freedom of speech, etc :- (1) All citizens shall have the right- (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; 1[and]; 13[* * * * ] (g) to practise any profession, or to carry on any occupation, trade or business. 14[(2) Nothing in sub-clause (a.) of Cl. (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interest of 15[the sovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of Court, defamation or incitement to an offence.] (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevents the State from making any law imposing, in the interests of [the sovereignty and integrity of India or] public order, reasonable restrictions on the exercise of the right con-ferred by the said sub- clause. (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevents the State from making any law imposing, in the interests of 16[the sovereignty and integrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (5) Nothing in 17[sub-clause (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevents the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe. (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevents the State from making any law imposing, in the interests of the general public, reasonable restric-tions on the exercise of the right conferred by the said sub-clause, and, in particular,18 [nothing in the said sub-clause shall affect the operation of any (i) the professional or technical qualification necessary for prac- tising any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise]. Sub-clause (f) omitted by the Constitution (Forty-fourth Amendment) Act, 1978.. Sec. 2 (w.e.f. 20th June. 1979). Subs. by the Constitution (First Amendment) Act. 1951. Sec. 3 for Cl. (2) (with retrospective effect). Ins. by the Constitution (Sixteenth Amendment) Act. 1963, Sec. 2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 2 (w.e.f. 20th June,1979). Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 2, for the words "Sub-clauses (d) (e) and (f)" (w.e.f. 20th June. 1979). Subs. by the Constitution (First-Amendment) Act, 1951 Sec. 3. 20. Protection in respect of conviction for offences :- (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subject to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself. 21. Protection of life and personal liberty :- No person shall be deprived of his life or personal liberty except according to procedure established by law. 21A. Right To Education :- 19 The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. Article 21A shall be inserted by Constitution (Eighty-Sixth Amendment) Act, 2002, published in the Gazette of India, Extra. Part II, Section 1 22. Protection against arrest and detention in certain cases :- [20 - (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty- four hours of such arrest excluding the time necessary for the journey from the place of arrest to Court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate. (3) Nothing in CIs. (1) and (2) shall apply- (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless- (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as. Judges of a High Court has reported (b) such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of Cl. (7). (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. (6) Nothing in Cl. (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose. (7) Parliament may by law prescribe,- (a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of Cl. (4); (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board in any inquiry under sub-clause (a.) of Cl. (4). On the enforcement of Sec. 3 of the Constitution (Forty-fourth Amendment) Act, 1978, Art. 22 shall stand amended as directed in Sec. 3 of the Act, Sec. 3 reads as under : "3 Amendment of Art. 22.-In Art. 22 of the Constitution,- (a) for Cl. (4), the following clause shall be substituted, namely,- "(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in accordance with the recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of the said period of two months that there Is in its opinion sufficient cause for such detention: Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court: Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of Cl. (7). (b) in Cl. (7),- (i) sub-clause (a) shall be omitted; (ii) sub-clause (b) shall be re-lettered as sub-clause (a), and fill,) sub-clause (c) shall be re-lettered as sub-clause W and in the sub-clause as so re-lettered, for the words, brackets, letter and figure "sub-clause (a) of Cl. (4)". the word, brackets and figure "Cl. (4)" shall be substituted. 23. Prohibition of traffic in human beings and forced labour :- Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. 24. Prohibition of employment of children in factories, etc :- No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment and no child below the age of 14 years can, therefore, be allowed to be employed in construction work by reasons of the prohibition encated in Art.24 21 . Labourers working onSalal Hydro Project v. State ofJammu and Kashmir, A.I.R. 1984 S.C. 177 at p. 183. 25. Freedom of conscience and free profession, practice and prop-agation of religion :- (1) Subject to public order, morality and health and to the other provisions of this Part. all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law- (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all cases and sections of Hindus. 26. Freedom to manage religious affairs :- Subject to public order, morality and health, every religious denomination or any section thereof shall have the right- (a) to establish and maintain institutions for religious and char- itable purposes: (b) to manage its own affairs in matters of religion; (c) to own and acquire moveable and immoveable property; and (d) to administer such property in accordance with law. 27. Freedom as to payment of taxes for promotion of any particular religion :- No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions :- (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (2) Nothing in Cl. (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. 29. Protection of Interests of minorities :- (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (2) No citizen shall be denied admission into any educational institu- tion maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them. 30. Right of minorities to establish and administer educational in-stitutions :- (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. 22 [(1-A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in Cl. (1) the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.] (2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority whether based on religion or language. lns.bytheConstitution(Forty-fourthAmendment)Act. 1978,Sec.4(w.e.f.20June, 1979). 31. Omitted :- [] 23 [* * * *] Article 31 repealed by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 6 (w.e.f. 20th June, 1979). 31A. Saving Of Laws Providing For Acquisition Of Estates, Etc :- 26[(1) Notwithstanding anything contained in Art.13 , no law (a) providing for (a)the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the State for a limited period either in the public Interest or in order to secure the proper management of the property, or (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or (e) the extinguishment or modification of any right accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termina- tion or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by 27[ Art.14 or Art.19 ]: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:] 28[Provided further that where anyaw makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than market value thereof.] (2) In this article- 29[(a) the expression "estate" shall, in relation to any local area, have the same meaning as that expression or its local equivalent has (i) any Jagir, inam or muafi or other similar grant and in the States of 30[Tamil Nadu] and Kerala any janman right ; (ii) any land held under ryotwari settlement ; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land. land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans :.l (b) the expression "rights" in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, 31 [[raiyat, under raiyat] or other intermediary and any rights or privileges in respect of land revenue.) Subs. by the Constitution (Fourth Amendment) Act, 1955, Sec. 3. for Cl. (1) (with retrospective effect). Subs. by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 7, for the words "Art. 14, Art. 19 or Art. 31" (w.e.f. 20 June, 1979). Subs. by the Constitution (Seventeenth Amendment) Act. 1964, Sec. 2 (with retrospective effect). Subs. by the the Constitution (Seventeenth Amendment) Act. 1964. Sec. 2, for sub-clause (a) (with retrospective effect). Subs. by the Madras State (Alteration of Name) Act. 1968 (53 of 1968), Sec. 4. for the word "Madras" (w.e.f. 14th January. 1969). Ins. by the Constitution (Fourth amendment) Act. 1955. Sec. 3 (with retrospective effect). 31B. Validation Of Certain Acts And Regulations :- Without prejudice to the generality of the provisions contained in Art.31A , none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force. 31C. Saving Of Laws Giving Effect To Certain Directive Principles :- Notwithstanding anything contained in Art.13 , no law giving effect to the policy of the State towards securing 34[all or any of the principles laid down in Part IV) shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by 35[ Art 14 or Art.19 ]; 36 and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy : Provided that where such law is made by the Legislature of a State. the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent. Subs. by theConstitution (Forty-second Amendment) Act. 1976, Sec. 4, for the words "the principles specified in Cl. (b) or Cl. (c) of Art. 39" (w.e.f. 3rd January. 1977). Section 4 has been declared invalid by the Supreme Court in Minerva Mills Ltd. v. Union of India. (1980) 2 S.C.C. 591. Subs. by the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 8, for the words and figures "Art. 14, Art. 19 or Art. 31" (w.e.f. 20th June, 1979). In Kesavananda Bharati v. State of Kerala, (1973) Supp. S.C.R. l. the Supreme Court held the provision In italics to be invalid. 31D. Saving Of Laws In Respect Of Anti-National Activities :- [Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 2 (w.e.f. 13. 4.1978).]] 1. Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 5 (w.e.f. 3-1-1977). 32. Remedies for enforcement of rights conferred by this Part :- ( 1 ) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus. prohibition, quo warranto and certiorari. whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. (3) Without prejudice to the powers conferred on the Supreme Court by Cls. (1) and (2), Parliament may by law empower any other Court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under Cl. (2). (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. 32A. Omitted :- [] 39 [* * * *] Repealed by the Constitution (Forty-third Amendment), Act 1977. Sec. 3 (w.e.f. 13th April. 1978). 33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc :- [Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,- (a) the members of the Armed forces; or (b) the members of the forces charged with the maintenance of public order; or (c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter- intelligence; or (d) persons employed in, or in connection with, the tele- communication system set up for the purpose of any Force, bureau or organisation referred to in Cls. (a) to (c); be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them. 34. Restriction on rights conferred by this Part while martial law is in force in any area :- Notwithstanding anything in the foregoing provisions of this Part. Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area. 35. Legislation to give effect to the provisions of this Part.- Not withstanding anything in this Constitution :- (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws- (i) with respect to any of the matters which under Cl. (3) of Art.16 , Cl. (3) of Art.32 , Art.33 and Art.34 may be provided for by law made by Parliament: and (ii) for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii); (b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of Cl. (a) or providing for punish- ment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under Art.372 , continue in force until altered or repealed or amended by Parliament. PART 4 DIRECTIVE PRINCIPLES OF STATE POLICY 36. Definition :- In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III. 37. Application of the principles contained In this Part :- The provisions contained in this Part shall not be enforceable by any Court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. 38. State to secure a social order for the promotion of welfare of the people :- 43[(1)] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. 44 [(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.] Renumbered as Cl. (1) by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 9 (w.e.f. 20th June, 1979). Ins. by the Constitution (Forty-fourth Amendment) Act, 1978., Sec. 9 (w.e.f. 20th June, 1979). 39. Certain principles of policy to be followed by the State :- The State shall, in particular, direct its policy towards securing- (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment: (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; 45 [(f) that children are given opportunities any facilities to develop in a healthy manner and in conditions of freedom and dignity and that Subs. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 7. for Cl. (f)(w.e.f. 3rd January, 1977). 39A. Equal Justice And Free Legal Aid :- [The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid. by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.] 40. Organisation of village panchayats :- The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self- government. 41. Right to work, to education and to public assistance in certain cases :- The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. 42. Provision for just and humane conditions of work and maternity relief :- The State shall make provision for securing just and humane conditions of work and for maternity relief. 43. Living wage, etc., for workers :- The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. 43A. Participation Of Workers In Management Of Industries :- [46 .-The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers In the management of undertakings, establishments or other organisations engaged In any industry.] Ins. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 9 (w.e.f. 3rd January, 1977). 44. Uniform civil code for the citizens :- The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. 45. Provision for early childhood care and education to children below the age of six years. :- 47 The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years. Article 45 shall be substituted by Constitution (Eighty-Sixth Amendment) Act, 2002, published in the Gazette of India, Extra. Part II, Section 1 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections :- T h e State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health :- The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. 48. Organisation of agriculture and animal husbandry :- T h e State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle. 48A. Protection And Improvement Of Environment And Safe- Guarding Of Forests And Wild Life :- [The State shall endeavour to protect and improve the environment and to safeguard the forest and wild life of the country.] 49. Protection of monuments and places and objects of national importance :- It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, [declared by or under law made by Parliament] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be. 50. Separation of Judiciary from executive :- The State shall take steps to separate the judiciary from the executive in the public services of the State. 51. Promotion of international peace and security :- The State shall endeavour to- (a) promote international peace and security; (b) maintain just and honourable relations between nations: (c) foster respect for international law and treaty obligations In the dealings of organised peoples with one another: and (d) encourage settlement of International disputes by arbitration. PART 4A FUNDAMENTAL DUTIES 51A. Fundamental Duties :- It shall be the duty of every citizen of India- (a) to abide by the Constitution and respect Its ideals and insti- tutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideas which inspired our national struggle for freedom: (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities: to renounce practices derogatory to the dignity of women: (f) to value and preserve the rich heritage of our composite culture: (g) to protect and improve the natural environment including forests, lakes, rivers and wild life. and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform: (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all sphere of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.] 49 (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. In Article 51A, clause (k) shall be inserted by Constitution (Eighty- Sixth Amendment) Act, 2002, published in the Gazette of India, Extra. Part II, Section 1 PART 5 THE UNION CHAPTER 1 The Executive 52. The President of India :- There shall be a President of India. 53. Executive power of the Union :- (1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law. (3) Nothing in this article shall- (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the President. 54. Election of President :- (1) The President shall be elected by the members of an electoral college consisting of- (a) the electoral members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. 55. Manner of election of President :- (1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. (2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner- (a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly: (b) if, after taking the said multiples of one thousand, the remain- der is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one: (c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the State under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded. (3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 202650 have been published, be construed as a reference to the 1971 census.] T h e Figure Substituted by "The Constitution (Eighty-fourth Amendment) Act, 2001" S.2, W.e.f.21/2/2002., Published in The Gazette of India, Extra., PartII, Section 1 56. Term of office of President :- (1) The President shall hold office for a term of five years from the date on which he enters upon his office Provided that- (a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in Art.61 ; (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under Cl. (a) of the proviso to Cl. (1) shall forthwith be communicated by him to the Speaker of the House of the People. 57. Eligibility for re-election :- A person who holds or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office. 58. Qualifications for election as President :- (1) No person shall be eligible for election as President unless he- (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. (2) A person shall not be eligible for election as President If he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. 59. Conditions of Presidents office :- (1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat In that House on the date on which he enters upon his office as President. (2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. (4) The emoluments and allowances of the President shall not be diminished during his term of office. 60. Oath or affirmation by the President :- Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say- "I, A.B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India." 61. Procedure for impeachment of the President :- ( 1 ) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. (2) No such charge shall be preferred unless,- (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. (3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation. (4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the chae preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed. 62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy :- (1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from the date of occurrence of the vacancy; and the person t o fill the vacancy shall, subject to the provisions of Art.56 , be entitled to hold office for the full term of five years from the date on which he enters upon his office. 63. The Vice-President of India :- There shall be a Vice-President of India. 64. The Vice-President to be ex-officio Chairman of the Council of States :- The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit : Provided that during any period when the Vice-President acts as President or discharges the functions of the President under Art.65 , he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under Art.97 . 65. The Vice-President to act as President or to discharge his func- tions during casual vacancies in the office, or during the absence, of President :- (1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office. (2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties. (3) The Vice-President shall, during and in respect of, the period while he is so acting as, or discharging the functions of President, have all the powers and immunities of the President and be entitled to such emolu- ments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. 66. ElectionofVice-President :- (1) The Vice-President shall be elected by the 51 [members of an electoral college consisting of the members of both Houses of Parliament] in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. (2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President. (3) No person shall be eligible for election as Vice-President unless he- (a) is a citizen of India: (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States. (4) A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. Article 71 has been successively subs. by the Constitution (Thirty- ninth Amendment) Act, 1975, Sec. 2 (w.e.f. 10th August. 1975) and the Constitution (Forty-fourth Amendment) Act. 1978.Sec. 10,toreadasabove(w.e.f.20thJune. 1979). 67. Term of office of Vice-President :- The Vice-President shall hold office for a term of five years from the date on which he enters upon his office: Provided that- (a) a Vice-President may, by writing under his hand addressed to the President, resign his office; (b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days notice has been given of the Intention to move the resolution; (c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy :- (1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of Art.66 , be entitled to hold office for the full term of five years from the date on which he enters upon his office. 69. Oath or affirmation by the Vice-President :- Every Vice-President shall, before entering upon his office, make. and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say- "I. A.B., do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter." 70. Discharge of Presidents functions in other contingencies :- -Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for In this Chapter. 71. Matters relating to, or connected with, the election of a President or Vice-President :- 52 (1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final. (2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and perfor- mance of the powers and duties of the office of President, or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration. (3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President, or Vice-President. (4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.] Article 71 has been successively subs. by the Constitution (Thirty- ninth Amendment) Act, 1975, Sec. 2 (w.e.f. 10th August. 1975) and the Constitution (Forty-fourth Amendment) Act. 1978.Sec. 10,toreadasabove(w.e.f.20thJune. 1979). 72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases :- (1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence,- (a) in all cases where the punishment or sentence Is by a court- martial; (b) in all cases where punishment or sentence is for an offence against any law relating to a matter to which the executive power of Union extends: (c) in all cases where the sentence is a sentence of death. (2) Nothing in sub-clause (a) of Cl. (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court-Martial. (3) Nothing in sub-clause (c) of Cl. (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor 53 [* * *] of a State under any law for the time being in force. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. 73. Extent of executive power of the Union :- (1) Subject to the provisions of this Constitution, the executive power of the Union shall extend- (a) to the matters with respect to which Parliament has power to make laws: and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement: Provided that the executive power referred to in sub-clause (a.) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State 54 [* * *] to matters with respect to which the Legislature of the State has also power to make laws. (2) Until otherwise provided by Parliament, a State and any officer o r authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. 74. Council of Ministers to aid and advise President :- 55[(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:] 56 [Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. ] (2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any Court. Subs. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 13, for Cl. (l) (w.e.f. 3rd January, 1977). Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 11 (w.e.).f. 20th June,1979 75. Other provisions as to Ministers :- (1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. 1(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of the total number of members of the House of the People. 58 (1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under Paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date o n which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier. (2) The Ministers shall hold office during the pleasure of the President. (3) The Council of Ministers shall be collectively responsible to the House of the People. (4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. (5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister. (6) The salaries and allowances of Ministers shall be such as Parlia- ment may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule. INSERTED BY Constitution (Ninety-first Amendment) Act, 2003, [January 1, 2004], Published in the Gazette of India, Extra., Part II, Section 1, dated 2nd January, 2004, pp. 1-3, No. 1 76. Attorney-General for India :- (1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. (2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. (3) In the performance of his duties the Attorney-General shall have the right of audience in all courts in the territory of India. (4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. 77. Conduct of business of the Government of India :- ( 1 ) All executive action of the Government of India shall be expressed to be taken in the name of the President. (2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules59to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President. ( 3 ) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business. 60 [(4)*****] See Notifn. No. S.O. 2297, dated the 3rd November, 1958, Gazette of India. Extraordinary. 1958, Pt. II. Sec. 3 (ii), p. 1315. as amended from time to time. Clause (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976. Sec. 14 (w.e.f. 3rd January, 1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 12 (w.e.f. 20th June, 1977). 78. Duties of Prime Minister as respects the furnishing of informa- tion to the President, etc :- It shall be the duty of the Prime Minister- (a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for: and (c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister, but which has not been considered by the Council. CHAPTER 2 General 79. Constitution of Parliament :- There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People. 80. Composition of the Council of States :- (1) 61[62[* * *] The Council of States shall consist of- (a) twelve members to be nominated by the President in accor- dance with the provisions of Cl. (3): and (b) not more than two hundred and thirty-eight representatives of the States 63[and of the Union territories]. (2) The allocation of seats in the Council of States to be filled by representatives of the States [and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. (3) The members to be nominated by the President under sub- clause (a) of Cl. (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely : Literature, science, art and social service. (4) The representatives of each State 64[* * *] in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote. (5) The representatives of the 65 [Union territories] in the Council of States shall be chosen in such manners as Parliament may by law prescribe. Subs. by the Constitution (Thirty-fifth Amendment) Act. 1974, Sec. 3, for "The Council of States" (w.e.f. 1st March, 1975). The words "Subject to the provisions of paragraph 4 of the Tenth Schedule," omitted by the Constitution (Thirty-sixth Amendment) Act, 1975. Sec. 5 (w.e.f. 26th April. 1975). Added by the Constitution (Seventh Amendment) Act, 1956, Sec. 3. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment), 1956, Sec. 3. Subs. by Sec. 3 the Constitution (Seventh Amendment), 1956., for "State specified in Part C of the First Schedule". 81. Composition of the House of the People :- 66(1) 67[Subject to the provisions of Art.331 68[* * *], the House of the people shall consist of- (a) not more than 69[five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and (b) not more than 70[twenty members] to represent the Union territories chosen in such manner as Parliament may by law provide. (2) For the purposes of sub-clause (a) of Cl. (1)- (a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between the number and the population of the State is, so far as practicable, the same for all States, and (b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constit- uency and the number of seats allotted to it is, so far as practicable, the same throughout the State: 71[Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.] (3) In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: 72Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 202673have been published, 74"be construed,_ (i)for the purposes of sub-clause (a) of Clause (2) and the proviso to that clause, as a refernce to the 1971 census; and (ii)for the purposes of sub-clause (b) of Clause (2) as a reference to the 75 [2001] census, Subs. by Sec. 4, the Constitution (Seventh Amendment), 1956., for Arts, 81 and 82. Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, Sec. 4, for the words "Subject to the provisions of Art. 331" (w.e.f. 1st March, 1975). The words and figure "and paragraph 4 of the Tenth Schedule" omitted by the Constitution (Thirty sixth Amendment) Act. 1975, Sec. 5 (w.e.f. 26th April, 1975). Subs. by the Goa, Daman and Diu Reorganisation Act. 1987 (Act 18 of 1987), Sec. 63 for the words "five hundred and twenty-five members" as had been substituted earlier by the Constitution (Thirty-first Amendment) Act, 1973, Sec. 2, for the words "five hundred members.". Subs. by the Constitution (Thirty-first Amendment) Act, 1973, Sec. 2, for the words "five hundred members". Ins. by Sec. 2, the Constitution (Thirty-first Amendment) Act, 1973. Ins. by the Constitution (Forty-second Amendment) Act. 1976, Sec. 15 (w.e.f. 3rd January, 1977). The Figure Substituted by "The Constitution(Eighty-fourth Amendment) Act, 2001" S.3, W.e.f.21/2/2002., Published in The Gazette of India, Extra., PartII, Section 1. The Words and Words Substituted by "The Constitution (Eighty- fourth Amendment) Act, 2001" S.3, W.e.f.21/2/2002., Published in The Gazette of India, Extra., PartII, Section 1. Substituted for the words "1991" by "Constitution (Eighty-seventh Amendment) Act, 2003 82. Readjustment after each census :- Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the House of People until the dissolution of the then existing House : 76[Provided further that such readjustment shall take effect from such date as the President may by order specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 202677have been published, it shall not be necessary to 78 "readjust (i) the allocation of seats in the House of the People to the States as readjusted on the basis of the 1971 census; and (ii) the division of each State into territorial constituencies as may he readjusted on the basis of the 1991 census. under this article.". .] Ins. by the Constitution (Forty-second Amendment) Act, 1976. Sec. 16, (w.e.f. 3rd January, 1977). The Figure Substituted by "The Constitution (Eighty-fourth Amendment) Act, 2001" S.4, W.e.f.21/2/2002., Published in The Gazette of India, Extra., PartII, Section 1. The Words and Figures Substituted by "The Constitution (Eighty- fourth Amendment) Act, 2001" S.4, W.e.f.21/2/2002., Published in The Gazette of India, Extra., PartII, Section 1. 83. Duration of House of Parliament :- (1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. (2) The House of the People, unless sooner dissolved, shall continue for 79 [five years] from the date appointed for its first meeting and no longer and the expiration of the said period of [five years] shall operate as a dissolution of the House : Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 13, for the words "six years" (w.e.f. 20th June, 1979). 84. Qualification for membership of Parliament :- A person shall not be qualified to be chosen to fill a seat in Parliament unless he- 80 [ (a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule:] (b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age: and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. Subs. by the Constitution (Sixteenth Amendment) Act. 1963, Sec. 3. for Cl. (a). 85. Sessions of Parliament, prorogation and dissolution :- 81 (1)The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The President may from time to time (a) prorogue the House of either House; (b) dissolve the House of People.] Subs. by the Constitution (First Amendment) Act, 1951, Sec. 6, for Art. 85. 86. Right of President to address and send messages to Houses :- (1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members. (2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. 87. Special address by the President :- (1) At the commencement of 82[the first session after each general election to the House of the People and at the commencement of the first session of each year] the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address 83 [* * *]. Subs. by the Constitution (First Amendment) Act, 1951. Sec. 7, for "every session". T he words "and for the procedure of such discussion over other business of the House" omitted by the Constitution (First- Amendment) Act, 1951, Sec. 7. 88. Right of Ministers and Attorney-General as respects Houses :- Every Minister and the Attorney-General of India shall have the right to speak in. and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote. 89. The Chairman and Deputy Chairman of the Council of States :- (1) The Vice-President of India shall be ex-officio Chairman of the Council of States. (2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof. 90. Vacation and resignation of, and removal from, the office of Deputy Chairman :- A member holding office as Deputy Chairman of the Council of States- (a) shall vacate his office if he ceases to be a member of the Council; (b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of Cl. (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution. 91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman :- (1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of. President, the duties of the office shall be performed by the Deputy Chairman, or if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose. (2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or if no such person is present, such other person as may be determined by the Council, shall act as Chairman. 92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration :- (1) At any sitting of the Council of States, while any resolution for t h e removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of Cl. (2) of Art.91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman is absent. (2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in Art.100 shall not be entitled to vote at all on such resolution or on any other matter during such proceedings. 93. The Speaker and Deputy Speaker of the House of the People :- T he House of the People shall, as soon as may be. choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be. 94. Vacation and resignation of and removal from, the offices of Speaker and Deputy Speaker :- A member holding office as Speaker or Deputy Speaker of the House of the People- (a) shall vacate his office if he ceases to be a member of the House of the People: (b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office: and (c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House: Provided that no resolution for the purpose of Cl. (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution: Provided further that, whenever the House of People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the people after the dissolution. 95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as. Speaker :- (1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose. (2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person, as may be determined by the House, shall act as Speaker. 96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration :- (1) At any sitting of the House of the People, while any resolution f o r the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of Cl. (2) of Art.95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in Art.100 , be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. 97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker :- There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. 98. Secretariat of Parliament :- (1) Each House of Parliament shall have a separate secretarial staff : Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament. (2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament. ( 3 ) Until provision is made by Parliament under Cl. (2), the President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons ap- pointed, to the secretarial staff of the House of the People or the Council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause. 99. 0ath or affirmation by members :- Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. 100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum :- (1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the House shall be determined by a majority of votes of the members present and voting, other than the speaker or person acting as Chairman or Speaker. The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. ( 2 ) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. 84 [(3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one- tenth of the total number of members of the House. (4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum. Clause (3) and (4), which were omitted by the Constitution (Forty- second Amendment) Act, 1976, Sec. 18, restored vide the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 45. 101. Vacation of seats :- (1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other. (2) No person shall be a member both of Parliament and of a House of the Legislature of State 85[* * *] and if a person is chosen a member both of Parliament and of a House of the Legislature of 86[a State], then, at the expiration of such period as may be specified in rules87made by the President, that persons seat In Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State. ( 3 ) If a member of either House of Parliament- (a.) becomes subject to any of the disqualifications mentioned in 88[Cl. (1) or Cl. (2) of Art.102 ]; or 89[(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be.] his seat shall thereupon become vacant : 90 [Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case maybe, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.] (4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant : Provided that in computing the said period of sixty days, no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act. 1956, Sec. 29 and Schedule. Subs. by the Constitution (Seventh Amendment) Act., Sec. 29 and Schedule, for "such a State". Seethe Prohibition of Simultaneous Membership Rules, 1950. published with the Ministry of Law Notification No. F. 46/50-C. dated the 26th January, 1950, Gazette of India. Extraordinary, p. 678. Subs. by the Constitution (Fifty-second Amendment) Act, 1985. Sec. 2 (w.e.f. 1st March. 1985), for the words, brackets and figures, "Cl. (1) of Art. 102.". Subs. by the Constitution (Thirty-third Amendment) Act. 1974, Sec. 2, for sub-clause (b). Ins. by the Constitution (Thirty-third Amendment) Act. 1974. 102. Disqualifications for membership :- (1) A person shall be disqualified for being chosen as. and for being, a member of either House of Parliament- 91[(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder]: (b) if he is of unsound mind and stands so declared by a competent Court; (c) if he is an undischarged insolvent: (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State: (e) if he is so disqualified by or under any law made by Parliament. 92 [(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.] Clause 1 (a), which was substituted by the Constitution (Forty- second Amendment) Act, 1976, Sec. 19, restored vide the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 45. Ins. by Sec. 3, the Constitution (Forty-fourth Amendment) Act. (w.e.f. 1st March. 1985). 103. Decision on questions as to disqualifications of members :- 9 3 (1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in Cl. (1) of Art.102 , the question shall be referred for the decision of the President and his decision shall be final. (2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.] Article 103 has been successively subs. by the Constitution (Forty- second Amendment) Act, 1976, Sec. 20 (w.e.f. 3rd January, 1977) and further subs. by the Constitution (Forty-fourth Amendment) Act. 1978. Sec. 14 to read as above (w.e.f. 20th June. 1979). 104. Penalty for sitting and voting before making oath or affirmation under Art. 99 or when not qualified or when disqualified :- If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of Art.99 , or when h e knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union. 105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof :- (1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament. (2) No member of Parliament shall be liable to any proceedings in any Court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings. 94[(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, 95 [shall be those of that House and of its members and committees immediately before the coming into force of Sec. 15 of the Constitution (Forty-fourth Amendment) Act. 19781. (4) The provisions of Cls. (1), (2), and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament. Clause (3), which was omitted by the Constitution (Forty-second Amendment) Act, 1976. Sec. 21, restored vide the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 45. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 15, for certain words (w.e.f. 20th June, 1979). 106. Salaries and allowances of members :- Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India. 107. Provisions as to introduction and passing of Bills :- (1) Subject to the provisions of Art.109 and Art.117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament. (2) Subject to the provisions of Art.108 and Art.109 , a Bill shall not be deemed to Have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amend- ments only as are agreed to by both Houses. (3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses. (4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People. (5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, shall, subject to the provisions of Art.108 , lapse on a dissolution of the House of the People. 108. Joint sitting of both Houses in certain cases :- (1) If after a Bill has been passed by one House and transmitted to the other House- (a) the Bill is rejected by the other House; or (b) the Houses have finally disagreed as to the amendments to be made in the Bill; or (c) more than six months elapsed from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in ajoint sitting for the purpose of deliberating and voting on the Bill: Provided that nothing in this clause shall apply to a Money Bill. (2) In reckoning any such period of six months as is referred to in Cl. (1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days. (3) Where the President has under Cl. (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time, after the date of his notification summon the Houses to meet in ajoint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly. (4) If at the joint sitting of the two Houses the bill, with such amend- ments, if any, as are agreed to injoint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both the Houses: Provided that at a joint sitting- (a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the house in which it originated, no amendments shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill; (b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed; and the decision of the person presiding as to the amendments which are admissible under this clause shall be final. (5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein. 109. Special procedure in respect of Money Bills :- (1) A Money Bill shall not be introduced in the Council of States. (2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of the States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States. (3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People. (4) If the House of the People does not accept any of the recommenda- tions of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States. (5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People. 110. Definition of "Money Bills :- ".- (1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely- (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be under- taken by the Government of India: (c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund ; (d) the appropriation of moneys out of the Consolidated Fund of India; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure: (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or (g) any matter incidental to any of the matters specified in sub- clauses (a) to (f). (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final. ( 4 ) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under Art.109 , and when it is presented to the President for assent under Art.111 , the certificate of the Speaker of the House of the People signed by him that it is a Money Bill. 111. Assent to Bills :- When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom: Provided that the President may, as soon as possible after the presen- tation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desir- ability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom. 112. Annual financial statement :- (1) The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the "annual financial statement". (2) The estimates of expenditure embodied in the annual financial statement shall show separately- (a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India, and (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure. (3) The following expenditure shall be expenditure charged on the Consolidated Fund of India- (a) the emoluments and allowances of the President and other expenditure relating to his office; (b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People; (c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt: (d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court: (ii) the pensions payable to or in respect of Judges of the Federal Court; (iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area Included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in 96 [a Governors Province of the Dominion of India]; (e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor-General of India: (f) any sum required to satisfy any judgment, decree or award of any Court or arbitral tribunal: ( g ) any other expenditure declared by this Constitution or by Parliament by law to be so charged. Subs. by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule, for the words "a Province corresponding to a State specified in Part A of the First Schedule". 113. Procedure in Parliament with respect to estimates :- (1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates. (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. ( 3 ) No demand for a grant shall be made except on the recommendation of the President. 114. Appropriation Bills :- (1) As soon as may be after the grants under Art.113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet- (a) the grant so made by the House of the People; and (b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament. (2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final. (3) Subject to the provisions of Art.115 and Art.116 , no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article. 115. Supplementary, additional or excess grants :- (1) The President shall (a) if the amount authorised by any law made in accordance with the provisions of Art.114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may be. (2) The provisions of Art.112 , Art.113 and Art.114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of money out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure eor grant. 116. Votes on account, votes of credit and exceptional grants :- (1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power- (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in Art.113 for the voting of such grant and the passing of the law in accordance with the provisions of Art.114 in relation to that expenditure: (b) to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement: (c) to make an exceptional grant which forms no part of the current service of any financial year; and Parliament shallave power to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the purposes for which the said grants are made. (2 ) The provisions of Art.113 and Art.114 shall have effect in relation to the making of any grant under Cl. (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure. 117. Special provisions as to financial Bills :- (1) A bill or amendment making provision for any of the matters specified in sub-clauses (a.) to (f) of Cl. (1) of Art.110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States : Provided that no recommendation shall be required under this clause for the moving of an amendment making provisions for the reduction or abolition of any tax. (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill. 118. Rules of procedure :- (1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure 97 [* * * *] and the conduct of its business. (2) Until rules are made under Cl. (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be. (3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications be- tween, the two Houses. (4) At ajoint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under Cl. (3), shall preside. T he brackets and words "(including the quorum to constitute a meeting of the House)" inserted by the Constitution (Forty-second Amendment) Act, 1976, Sec. 22, omitted by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 45. 119. Regulation by law of procedure in Parliament in relation to financial business :- Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament under Cl. (1) of Art.118 or with any rule or standing order having effect in relation to Parliament under Cl. (2) of the article, such provision shall prevail. 120. Language to be used in Parliament :- ( 1 ) Notwithstanding anything in Part XVII, but subject to the provisions of Art.348 , business in Parliament shall be transacted in Hindi or in English : Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother- tongue. (2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words "or in English" were omitted therefrom. 121. Restriction on discussion in Parliament :- No discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided. 122. Courts not to inquire into proceedings of Parliament :- (1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any Court in respect of the exercise by him of those powers. CHAPTER 3 Legislative Powers of the President 123. Power of President to promulgate Ordinances during recess of Parliament :- (1) If at any time. except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance- (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions: and (b) may be withdrawn at any time by the President. (3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to en, it shall be void. 98 [(4) * * * * * * ] Clause (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, Sec. 2 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 16 (w.e.f. 20th June, 1979). CHAPTER 4 The Union Judiciary 124. Establishment and Constitution of Supreme Court :- (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven99other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years : Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted: Provided further that- (a) a Judge may, by writing under his hand addressed to the President, resign his office: (b) a Judge may be removed from his office in the manner provided in Cl. (4). 100 [(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.] (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India, and- (a) has been for at least five years a Judge of a High Court or of two or more such courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession: or (c) is, in the opinion of the President, a distinguished jurist. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a Majority of not less than two- thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under Cl. (4). (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any Court or before any authority within the territory of India. Now "twenty-five", vide Act 22 of 1986. Sec. 2. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, Sec. 2. 125. Salaries, etc. of Judges :- 101 [(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule]. (2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time he determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule: Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986. Sec.2 (w.e.f. 1st April, 1986). 126. Appointment of acting Chief Justice :- When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose. 127. Appointment of ad hoc Judges :- (1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad. hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India. (2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required. and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court. 128. Attendance of retired Judges at sittings of the Supreme Court :- Notwithstanding anything in this Chapter, the Chief Justice of India may, at any time, with the previous consent of the President request any person who has held the office of a Judge of the Supreme Court or of the Federal Court 102 [or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court : Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, Sec. 3. 129. Supreme Court to be a Court of record :- ,-The Supreme Court shall be a Court of record and shall have all the powers of such a Court including the power to punish for contempt of itself. 130. Seat of Supreme Court :- The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may. with the approval of the President, from time to time, appoint. 131. Original jurisdiction of the Supreme Court :- Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dispute- (a) between the Government of India and one or more States, or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends : 103 [Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that their said jurisdiction shall not extend to such a dispute.] Subs. by the Constitution (Seventh Amendment) Act, 1956. Sec. 5, for the proviso. 131A. Repealed :- 104 Executive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws.]-Rep. by the Consti- tution (Forty-third Amendment) Act, 1977, Sec. 4 (w.e.f. 13th April, 1978). Ins. by the Constitution (Forth-second Amendment) Act, 1976, Sec. 23 (w.e.f. 1st February, 1977). 132. Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases :- (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, 3[if the High Court certifies under Art.134A ] that the case involves a substantial question of law as to the interpretation of this Constitution. 106[* * * *] (3) Where such a certificate is given, 107{* * *] any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided 108 [* * * *]. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 17, for the words "if the High Court certifies" (w.e.f. 1st August, 1979). Clause (2) omitted by Sec. 17, the Constitution (Forty-fourth Amendment) Act (w.e.f. 1st August, 1979). Certain words omitted by Sec. 17, the Constitution (Forty-fourth Amendment) Act (w.e.f. 1st August, 1979). 133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters :- 109[(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India 110 [if the High Court certifies under Art. 134-A-] (a) that the case involves a substantial question of law of general importance; and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.] (2) Notwithstanding anything in Art.132 , any party appealing to the Supreme Court under Cl. (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitu- tion has been wrongly decided. (3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court. Subs. by the Constitution (Thirtieth Amendment) Act, 1972, Sec. 2. for Cl. (1) (w.e.f. 27th February, 1973). Subs. by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 18, for the words "if the High Court certifies-"(w.e.f. 1st August, 1979). 134. Appellate jurisdiction of Supreme Court in regard to criminal matters :- (1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court- (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death: or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the ac- cused person and sentenced him to death: or (c) 111 [certifies under Art.134A ] that the case is a fit one for appeal to the Supreme Court : Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under Cl. (1) of Art.145 and to such conditions as the High Court may establish or require. (2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law. Subs.by the Constitution (Forty-five Amendment) Act, 1978. Sec. 19, for the word "certifies" (w.e.f. 1st August, 1979). 134A. Certificate For Appeal To The Supreme Court :- 112 Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in Cl. (1) of Art.132 or Cl. (1) of Art.133 , or Cl. (1) of Art.134 ,- (a) may, if it deems fit so to do, on its own motion: and (b) shall, if an oral application Is made, by or on behalf of the party aggrieved immediately after the passing or making of such judgment, decree, final order or sentence, determine as soon as may be after such passing or making, the question whether a certificate of the nature referred to in Cl. (1) of Art.132 , or Cl. (1) of Art.133 or, as the case may be, sub-clause (c) of Cl. (1) of Art.134 , may be given in respect of the case. ] Ins. by the Constitution (Forty-fourth Amendment) Act. 1978. Sec. 20 (w.e.f. 1st August, 1979). 135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court :- Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of Art.133 or Art.134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law. 136. Special leave to appeal by the Supreme Court :- (1) Notwithstanding anything in this Chapter, the Supreme Court may. in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India. (2) Nothing in Cl. (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces. 137. Review of judgments or orders by the Supreme Court :- Subject to the provisions of any law made by Parliament or any rules made under Art.145 . the Supreme Court shall have power to review any judgments pronounced or order made by it. 138. Enlargement of the jurisdiction of the Supreme Court :- (1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer. (2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court. 139. Conferment on the Supreme Court of powers to issue certain writs :- Parliament may by law confer on the Supreme Court powers to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in Cl. (2) of Art.32 . 139A. Transfer Of Certain Cases :- 113114 [(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself: Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment in such questions to the High Court from which the case has been withdrawn and the High Court shall, on receipt thereof, proceed to dispose of the case in conformity with such judgment.] (2) The Supreme Court may, if it deems it expedient so to do for the end of justice, transfer any case. appeal or other proceedings pending before any High Court to any other High Court.] Ins. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 24 (w.e.f. 1st February, 1977). Subs. by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 21, for Cl. (1) (w.e.f. 1st August. 1979). 140. Ancillary powers of Supreme Court :- Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution. 141. Law declared by Supreme Court to be binding on all courts :- T he law declared by the Supreme Court shall be binding on all courts within the territory of India. 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc :- (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by Order115 prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47). 143. Power of President to consult Supreme Court :- (1) If at any time it appears to the President that a question of law or fact has arisen or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon. (2) The President may, notwithstanding anything in 116[* * *] the proviso to Art.131 , refer a dispute of the kind mentioned in the 117 [said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon. T h e words, brackets and figure "Cl. (i) of" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. Subs. by the Constitution (Seventh Amendment) Act, 1956, for the words "said clause". 144. Civil and judicial authorities to act in aid of the Supreme Court :- All authorities, civil and judicial In the territory of India shall act in the aid of the Supreme Court. 144A. Special Provisions As To Disposal Of Questions Relating To Constitutional Validity Of Laws :- ].-Rep. by the Constitution (Forty-third Amendment) Act. 1977, Sec. 5 (w.e.f. 13th April, 1978). 145. Rules of Court, etc :- (1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including- (a) rules as to the persons practising before the Court; (b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered; (c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III; 3[(cc) rules as to the proceedings in the Court under 120[ Art.139A ];] (d) rules as to the entertainment of appeals under sub-clause (c) of Cl. (1) of Art.134 ; (e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered: (f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein: (g) rules as to the granting of bail: (h) rules as to stay of proceedings: (i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay; (j) rules as to the procedure for inquiries referred to in Cl. (1) of Art.317 . (2) Subject to the 121[provisions of 122[* * *] Cl. (3)], rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts. (3) 123[124 [* * *] The minimum number] of Judges who are to sit for the purpose of deciding any case involving substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Art.143 shall be five : Provided that, where the Court hearing an appeal under any of the provisions of the Chapter other than Art.132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpreta- tion of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion. (4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under Art.143 save in accordance with an opinion also delivered in open Court. (5) No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case. but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion. Ins. by the Constitution (Forty-second) Amendment Act, 1976, Sec. 26 (w.e.f. 1st February, 1977). Subs.by the Constitution (Forty-third Amendment) Act, 1977, Sec. 6, for "Arts. 131-A and 139-A" (w.e.f. 13th April, 1978). Certain words, figures and letters omitted by the Constitution (Forty-third Amendment) Act 1977, Sec. 6 (w.e.f. 1st April, 1978). Subs. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 26, for The minimum number" (w.e.f. 1st February, 1972). Subs. by the Constitution (Forty-second Amendment) Act. 1976. Sec. 26, for the words "provisions of Cl. (2)" (w.e.f. 1st February, 1977). 146. Officers and servants and the expenses of the Supreme Court :- (1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct : Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission. (2) Subject to the provisions of any law made by Parliament, the condition of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose : Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President. (3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund. 147. Interpretation :- In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any order in Council or order made thereunder, or of Independence Act, 1947, or of any order made thereunder. CHAPTER 5 Comptroller and Auditor-General of India 148. Comptroller and Auditor-General of India :- (1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in, like manner and on the like grounds as a Judge of the Supreme Court. (2) Every person appointed to be Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (3) The salary and other conditions of service of the Comptroller a n d Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule: Provided that neither the salary of a Comptroller and Auditor- General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment. (4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Govern- ment of any State after he has ceased to hold his office. (5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General. (6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of persons serving in that office shall be charged upon the Consolidated Fund of India. 149. Duties and powers of the Comptroller and Auditor General :- The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces, respectively. 150. Form of accounts of the Union and of the States :- 125The accounts of the Union and of the States shall be kept in such form as the President may, 126 [on the advice of] the Comptroller and Auditor-General of India, prescribe.] Subs.by the Constitution (Forty-second Amendment) Act, 1976. Sec. 27. for Art. 150 (w.e.f. 1st April, 1977). Subs. by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 22, for the words after consultation with" (w.e.f. 20th June, 1979). 151. Audit reports :- (1) The reports of the Comptroller and Auditor- General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament. (2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor 127 [* * *l of the State, who shall cause them to be laid before the Legislature of the State. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. PART 6 THE STATES 152. Definition :- In this Part, unless the context otherwise requires, the expression "State" 128 [does not include the State of Jammu and Kashmir]. Subs. by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule, for the words "means a State specified in Part A of the First Schedule . 153. Governor of States :- There shall be a Governor for each State: 129 [Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.] Added by the Constitution (Seventh Amendment) Act, 1956. Sec. 6. 154. Executive power of State :- (1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Nothing in this article shall- (a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority: or (b) prevent Parliament or the Legislature of the State from confer- ring by law functions on any authority subordinate to the Governor. 155. Appointment of Governor :- The Governor of a State shall be appointed by the President by warrant under his hand and seal. 156. Term of office of Governor :- (1) The Governor shall hold office during the pleasure of the President. (2) The Governor may, by writing under his hand addressed to the President, resign his office. (3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office: Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 157. Qualifications for appointment as Governor :- No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years. 158. Conditions of Governors office :- (1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor. (2) The Governor shall not hold any other office of profit. (3) The Governor shall be entitled without payment of rent to the use of official residence and shall be also entitled to such emoluments, allow- ances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. 130 [(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States insuch proportion as the President may by order determine.] (4) The emoluments and allowances of the Governor shall not be diminished during his term of office. Ins. by the Constitution (Seventh Amendment) Act, 1956, Sec. 7. 159. Oath or affirmation by the Governor :- Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior- most Judge of that Court available, an oath or affirmation in the following form, that is to say,- "I, A.B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of Governor (or discharge the function of the Governor) of.............. (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of............(name of the State)." 160. Discharge of the functions of the Governor in certain contingencies :- The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter. 161. Power to Governor to grant pardons, etc., and to suspend,remit or commute sentences in certain cases :- The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. 162. Extent of executive power of State :- Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws: Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof. 163. Council of Ministers to aid and advise Governor :- ( 1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. (2) If any question arises whether any matter is or is not a matter a s respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion. (3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into any Court. 164. Other provisions as to Ministers :- (1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the States of 2"Chhattisgarh, Jharkhand" , Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be In charge of the welfare of the Scheduled Castes and backward classes or any other work. 132(1-A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent of the total number of members of the Legislative Assembly of that State : Provided that the number of Ministers, including the Chief Minister, in a State shall not be less than twelve : Provided further that where the total number of Ministers, including the Chief Minister, in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case may be, then, the total number of Ministers in that State shall be brought in Conformity with the provisions of this clause within six months from such date as the President may by public notification appoint. 133 (1-B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under Paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier. ". (2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. (3) Before a Minister enters upon his office, the Governor shall admin- ister to him the oath of office and of secrecy according to the forms set out for the purpose in the Third Schedule. (4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister. (5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and until the Legislature of the State so determines, shall be as specified in the Second Schedule. In article 164 of the Constitution, in clause (1), in the proviso, for the word "Bihar", the words "Chhattisgarh, Jharkhand" shall be substituted, by the Constitution (Ninety-fourth Amendment) Act, 2006. INSERTED BY Constitution (Ninety-first Amendment) Act, 2003, [January 1, 2004], Published in the Gazette of India, Extra., Part II, Section 1, dated 2nd January, 2004, pp. 1-3, No. 1 165. Advocate-General for the State :- (1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate- General for the State. (2) It shall be the duty of the Advocate-General to give advice to t h e Government of the State upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under the Constitution or any other law for the time being in force. (3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine. 166. Conduct of business of the Government of a State :- (1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor. (2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in the rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor. ( 3 ) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion. 133 [* * * * *] Clause (4) was ins. by the Constitution (Forty-second Amendment) Act. 1976, Sec.28 (w.e.f. 3rd January, 1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 22 (w.e.f. 20th June, 1979). 167. Duties of Chief Minister as respects the furnishing of informa- tion to Governor, etc :- It shall be the duty of the Chief Minister of each State- (a) to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration ofthe affairs of the State and proposals for legislation: (b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for: and (c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. 168. Constitution of Legislatures in States :- (1) For every State there shall be a Legislature which shall consist of the Governor, and- (a) in the States of 134[* * * *], Bihar, 135[* * * ] 136137[* * *] 138[Maharashtra], 139[Karnataka] 140[* * *] 141 [and Uttar Pradesh] two Houses; (b) in other States, one House. (2) Where there are two Houses ofthe Legislature of a State, one shall be known as the legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly. The words "Andhra Pradesh" earlier inserted by Act 37 of 1957 (w.e.f. 1st July, 1958). omitted by the Andhra Pradesh Legislative Council (Abolition) Act. 1985 (Act 34 of 1985). Sec. 4 (w.e.f. 1st June, 1985). The words "Bombay" omitted by the Bombay Reorganisation Act, 1960 (11 of 1960) (w.e.f. 1st May, 1960). N o date has been appointed under Sec. 8 (2) ofthe Constitution (Seventh Amendment) Act, 1956 for the insertion of the words "Madhya Pradesh" in this sub-clause. The words "Tamil Nadu " earlier substituted by Act 53 of 1968, for the word "Madras", omitted by the Tamil Nadu Legislative Council (Abolition) Act. 1986 (Act 40 of 1986), Sec. 4 (w.e.f. 1st November. 1986). Ins. by the Bombay Re-organisation Act, 1960 (11 of 1960), Sec. 20 (w.e.f. 1st May, 1960). Subs. by the Mysore State (Alteration of Name) Act, 1973. (31 of 1973) Sec. 4, for "Mysore" (w.e.f. 1st November, 1973) which was inserted by the Constitution (Seventh Amendment) Act. 1956. Sec. 8 (1). The word "Punjab" omitted by the Punjab Legislative Council (Abolition) Act. 1969 (46 of 1969), Sec. 4 (w.e.f. 7th July, 1970). Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of 1969), Sec. 4. for "Uttar Pradesh and West Bengal" (w.e.f. 1st August. 1969). 169. Abolition or creation of Legislative Councils in States :- (1) Notwithstanding anything in Art.168 , Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council (2) Any law referred to in Cl. (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law arid may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary. (3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purpose of Art.368 . 170. Composition of the Legislative Assemblies :- 2(1) Subject to the provisions of Art.333 , the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty members chosen by direct election from territorial constituencies in the State. (2) For the purposes of Cl. (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. Provided that the reference in the Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 22026 have been published, be construed as a reference to the 1441991 census]. (3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine : Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly:] 145[Provided further that such readjustment shall take effect from such dates as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 2026146have been published, it shall not be necessary to 147 "readjust (i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and (ii) the division of such State into territorial constituencies as may be readjusted on the basis of the 1991 census, under this clause.". Subs. by the Constitution (Seventh Amendment) Act, 1956, Sec. 9, for Art. 170. Ins. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 29, for the proviso (w.e.f. 3rd January, 1977). The Figure Substituted by "The Constitution (Eighty-fourth Amendment) Act, 2001" S.5, W.e.f.21/2/2002., Published in The Gazette of India, Extra., PartII, Section 1 The words and Figures Substituted by "The Constitution (Eighty- fourth Amendment) Act, 2001" S.5, W.e.f.21/2/2002., Published in The Gazette of India, Extra., PartII, Section 1 171. Composition of the Legislative Councils :- (1)The total number of members in the Legislative Council of a State having such a Council shall not exceed 148 [one-third] of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty. (2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in Cl. (3). (3) Of the total number of members of the Legislative Council of State- (a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify; (b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing In the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university; (c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament; (d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly; (e) the remainder shall be nominated by the Governor in accor- dance with the provisions of Cl. (5). (4) The members to be elected under sub-clauses (a), (b) and (c) of Cl. (3) shall be chosen in such territorial constituencies as may b e prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote. (5) The members to be nominated by the Governor under sub- clause (e) of Cl. (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely : Literature, science, art, co-operative movement and social service. Subs. by the Constitution (Seventh Amendment) Act. 1956, Sec. 10, for the word "one-fourth". 172. Duration of State Legislatures :- (1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for [five years] from the date appointed for its first meeting and no longer and the expiration of the said period of 149 [five years] shall operate as a dissolution of the Assembly: Provided that the said period may. while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. (2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 24, for "six years" (w.e.f. 6th September, 1979). 173. Qualification for membership of the State Legislature :- A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he- 150 [(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;] (b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. Subs. by the Constitution (Sixteenth Amendment) Act. 1963. Sec. 4, for Cl. (a). 174. Sessions of the State Legislature, prorogation and dissolution :- 151 (1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit. but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Governor may from time to time (a) prorogue the House or either House; (b) dissolve the Legislative Assembly.] Subs. by the Constitution (First Amendment) Act, 1951 .See. 8, for Art. 174. 175. Right of Governor to address and send messages to the House or Houses :- (1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members. (2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise and a House to which any message is so sent shall, with all convenient despatch, consider any matter required by the message to be taken into consideration. 176. Special address by the Governor :- (1) At the commencement of 152[the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year], the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the cause of its summons. (2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address 153 [* * *]. Subs. by the Constitution (First Amendment) Act. 1951. Sec. 9. for the words "every session". The words "and for the precedence of such discussion over other business of the House" omitted by the Constitution (First Amendment) Act. 1951., Sec. 9. 177. Rights of Ministers and Advocate-General as respects the Houses :- Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of. the Legislative Assembly of the State or. in the case of a State having a Legislative Council, both Houses and to speak in. and otherwise to take part in the proceedings of. any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote. 178. The Speaker and Deputy Speaker of the Legislative Assembly :- Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be. 179. Vacation and resignation of, and removal from, the officers of Speaker and Deputy Speaker :- A member holding office as Speaker or Deputy Speaker of an Assembly- (a) shall vacate his office if he ceases to be a member of the Assembly; (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office: and (c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly : Provided that no resolution for the purpose of Cl. (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution: Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution. 180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker :- (1) While the office of Speaker is vacant the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose. (2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker. 181. The Speaker or the Deputy Speaker not to preside while a resolution for bis removal from office is under consideration :- (1) At any sitting of the Legislative Assembly, while any resolution f o r the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of Cl. (2) of Art.180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall. notwithstanding anything in Art.189 , be entitled to vote only in the first instance on such resolution or on any other matter during such proceed- ings but not in the case of an equality of votes. 182. The Chairman and Deputy Chairman of the Legislative Council :- The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be. 183. Vacation and resignation of, and removal from, the office of Chairman and Deputy Chairman :- A member holding office as Chairman or Deputy Chairman of a Legislative Council- (a) shall vacate his office if he ceases to be a member of the Council: (b) may at any time by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office, and (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council : Provided that no resolution for the purpose of Cl. (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution. 184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman :- (1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the Council as the Governor may appoint for the purpose. (2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or if no such person is present, such other person as may be determined by the Council, shall act as Chairman. 185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration :- (1) At any sitting of the Legislative Council, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of Cl. (2) of Art.184 shall apply in relation to every such sitting as they apply in relation to a sitting from Which the Chairman or, as the case may be, the Deputy Chairman is absent. (2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in Art.189 , be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. 186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman :- There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. 187. Secretariat of State Legislature :- (1) The House or each House of the Legislature of a State shall have a separate secretarial staff : Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature. (2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State. (3) Until provision is made by the Legislature of the State under Cl. (2). the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rule so made shall have effect subject to the provisions of any law made under the said clause. 188. Oath or affirmation by members :- Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. 189. Voting in Houses, power of Houses to act notwithstanding va- cancies and quorum :- (1) Save as otherwise provided in this Constitution, all questions at any sitting of a House of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman or person acting as such. The Speaker or Chairman, or person acting as such, shall not vote in the first instance but shall have and exercise a casting vote in the case of an equality of votes. (2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceed- ings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. 154 [(3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall (4) If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such. either to adjourn the House or suspend the meeting until there is a quorum.] Clauses (3) and (4) which were omitted by the Constitution (Forty- second Amendment) Act, 1976, Sec. 31, restored vide the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 45. 190. Vacation of seats :- (1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other. (2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States then, at the expiration of such period as may be specified in rules155made by the President, that persons seat in the Legislature of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States. (3) If a member of a House of the Legislature of a State- (a.) becomes subject to any of the disqualifications mentioned in 156[Cl. (1) or Cl. (2) of Art.191 ]; or 157[(b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be,] his seat shall thereupon become vacant : 158 [Provided that in the case of any resignation referred to in sub- clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.] (4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days. S e e the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of Law. Notification No F46/50-C dated the 26th January, 1950, Gazette of India.Extraordinary, p. 678. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, Sec. 4 (w.e.f. 1st March, 1985), for the words, brackets and figures, "Cl. (1)of Art. 191". Subs. by the Constitution (Thirty-third Amendment) Act. 1974, Sec. 3 for sub-clause (b). Ins. by Sec.3, the Constitution (Thirty-third Amendment) Act. 1951. 191. Disqualifications for membership :- (1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State- 159[(a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other (b) if he is of unsound mind and stands so declared by a competent Court: (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State: (e) if he is so disqualified by or under any law made by Parliament. 160 [(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule]. Sub-clause (a) of Cl. 1. which was substituted by the Constitution (Forty-second Amendment) Act. 1976, Sec. 32, restored vide the Constitution (Forty-fourth Amendment) Act. 1978. Sec. 45. Ins. by Sec. 5, the Constitution (First Amendment) Act. 1951. (w.e.f. 1st March, 1985). 192. Decision on questions as to disqualifications of members :- 161 (1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in Cl. (1) of Art.191 , the question shall be referred for the decision of the Governor and his decision shall be final. (2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.] Article 192 has been successively subs. by the Constitution (Forty- second Amendment) Act, 1976, Sec. 33 (w.e.f. 3rd January, 1977), and the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 25, to read as above (w.e.f. 20th June, 1979). 193. Penalty for sitting and voting before making oath or affirma- tion under Art. 188 or when not qualified or when disqualified :- If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of Art.188 . or when he knows that he is not qualified o r that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State. Powers, Privileges and Immunities of State Legislatures and their Members 194. Powers, privileges, etc. of the Houses of Legislatures and of the members and committees thereof :- (1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State. (2) No member of the Legislature of a State shall be liable to any proceeding in any Court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so 162[(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, 163 [shall be those of that House and of its members and committees immediately before the coming into force of Sec. 26 of the Constitution (Forty-fourth Amendment) Act. 1978]. (4) The provisions of Cls. (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature. Subs. by the Constitution (Forty-second Amendment) Act, 1973, Sec. 34 and restored, vide the Constitution (Forty-fourth Amendment) Act. 1978. Sec. 45. Subs. by the Constitution (Forty-fourth Amendment) Act. 1978. Sec. 26, for certain words (w.e.f. 20th June. 1979). 195. Salaries and allowances of members :- Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, until provision in that respect is so made salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution be applicable in the case of members of the Legislative Assembly of the corresponding province. 196. Provisions as to introduction and passing of Bills :- (1) Subject to the provisions of Art.198 and Art.207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council. (2) Subject to the provisions of Art.197 and Section 198 , a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses. (3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof. (4) A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly. (5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly. 197. Restriction on Powers of Legislative Council as to Bills other than Money Bills :- (1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council- (a) the Bill is rejected by the Council: or (b) more than three months elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or (c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree: the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council. (2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council- (a) the Bill is rejected by the Council: or (b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or (c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; ] the Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legisla- tive Assembly. (3) Nothing in this article shall apply to a Money Bill. 198. Special procedure in respect of Money Bills :- (1) A Money Bill shall not be introduced in a Legislative Council. (2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legis- lative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council. (3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly. (4) If the Legislative Assembly does not accept any of the recommen- dations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council. (5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly. 199. Definition of "Money Bills" :- (1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely- (a) the imposition, abolition, remission, alteration or regulation of any tax: (b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State: (c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund; (d) the appropriation of moneys out of the Consolidated Fund of the State; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the State, or the increasing of the amount of any such expenditure: (f) the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money: or (g) any matter incidental to any of the matters specified in sub- clauses (a) to (f). (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative Council is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State thereon shall be final. ( 4 ) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under Art.198 , and when it is presented to the Governor for assent under Art.200 , the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill. 200. Assent to Bills :- When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council. has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President : Provided that the Governor may, as soon as possible after the presen- tation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will re-con- sider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall re-consider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom : Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill. 201. Bills reserved for consideration :- When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom : Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to Art.200 and. when a Bill is so returned, the House or Houses shall re-consider it accordingly within a period of six months from the date of receipt of such message and. if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration. 202. Annual financial statement :- (1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the "annual financial statement". (2) The estimates of expenditure embodied in the annual financial statement shall show separately- (a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of the State: and (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State; and shall distinguish expenditure on revenue account from other expenditure. (3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State- (a) the emoluments and allowances of the Governor and other expenditure relating to his office; (b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and. in the case of a State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council; (c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; (d) expenditure in respect of the salaries and allowances of Judges of any High Court; (e) any sums required to satisfy any judgment, decree or award of any Court or arbitral tribunal; (f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged. 203. Procedure in Legislature with respect to estimates :- (1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates. (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation of the Governor. 204. Appropriation Bills :- (1) As soon as may be after the grants under Art.203 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet- (a) the grants so made by the Assembly: and (b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses. (2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final. (3) Subject to the provisions of Art.205 and Art.206 , no money shall be withdrawn from the Consolidated Fund of the State except under appropri- ation made by law passed in accordance with the provisions of this article. 205. Supplementary, additional or excess grants :- (1) The Governor shall- (a) if the amount authorised by any law made in accordance with the provisions of Art.204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be. (2) The provisions of Art.202 , Art.203 and Section 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant. 206. Votes on account, votes of credit and exceptional grants :- Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power- (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in Art.203 for the voting of such grant and the passing of the law in accordance with the provisions of Art.204 in relation to that expenditure: (b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; (c) to make an exceptional grant which forms no part of the current service of any financial year, and the Legislature of the State shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grants are made. (2) The provisions of Art.203 and Section 204 shall have effect in relation to the making of any grant under Cl. (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure. 207. Special provisions as to financial Bills :- (1) A Bill or amend- ment making provision for any of the matters specified in sub-clauses (a) to (f) of Cl. (1) of Art.199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council : Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax. (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the Governor has recom- mended to that House the consideration of the Bill. 208. Rules of procedure :- (1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure 164 [* * *] and the conduct of its business. (2) Until rules are made under Cl. (1). the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be. (3) In a State having a Legislative Council the Governor, after consul- tation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses. The brackets and words "(including the quorum to constitute a meeting of the House") inserted by the Constitution (Forty-second Amendment) Act. 1976, Sec. 35, omitted by the Constitution (Forty-fourth Amendment) Act. 1978. Sec. 45. 209. Regulation by law of procedure in the Legislature of the State in relation to financial business :- The Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State. and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under Cl. (1) of Art.208 or with any rule or standing order having effect in relation to the Legislature of the State under Cl. (2) of that article, such provision shall prevail. 210. Language to be used in the Legislature :- ( 1 ) Notwithstanding anything in Part XVII, but subject to the provisions of Art.348 , business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English : Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother-tongue. (2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words "or in English" were omitted therefrom : 165[Provided that in relation to the 166[Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura] this clause shall have effect as if for the words "fifteen years" occurring therein, the words "twenty-five years" were substituted.] 167[Provided further that in relation to the 168[Legislatures of the States of 169 [Arunachal Pradesh, Goa and Mizoram]]; this clause shall have effect as if for the words "fifteen years" occurring therein, the words, "forty years" were substituted.] Ins. by the State of Himachal Pradesh Act, 1970(5301 1970). Sec. 46 (w.e.f. 25th January. 1971). Subs. by the North-Eastern Areas (Re-organisation) Act, 1971 (81 of 1971), Sec. 71, for "Legislature of the State of Himachal Pradesh" (w.e.f. 21st January, 1972). Ins. by the State of Mizoram Act, 1986 (34 of l986), Sec. 39 (w.e.f. 20th February, 1987). Subs by the State of Arunachal Pradesh Act. 1986 (Act 69 of 1986). Sec. 42 (a), for the words "Legislature of the State of Mizoram" (w.e.f. 20th February. 1987). Subs. by the Goa, Daman and Diu Reorganisation Act, 1987(Act 18 of 1987). Sec. 63(b). for the words "Arunachal Pradesh and Mizoram". 211. Restriction on discussion in the Legislature :- (1) No discussion shall take place in the Legislature of a State with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties. 212. Courts not to inquire into proceedings of the Legisla- ture :- (1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be 213. Power of Governor to promulgate Ordinances during recess of Legislature :- (1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require : Provided that the Governor shall not. without instructions from the President, promulgate any such Ordinance if- (a) a Bill containing the same provision would under this Consti- tution have required the previous sanction of the President for the introduction thereof into the Legislature: or (b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or (c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless. having been reserved for the consideration of the President, it had received the assent of the President. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance- (a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the re-assembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assem- bly and agreed to by the Legislative Council, if any, upon the passing of the resolution or. as the case may be, on the resolution being agreed to by the Council: and (b) may be withdrawn at any time by the Governor. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void : Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him. 170 [ * * * * ] Clause (4) was ins, by the Constitution (Thirty-eighth Amendment) Act, 1975. Sec. 3 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 27 (w.e.f. 20 June, l979). 214. High Courts for States :- 175[* * *] There shall be a High Court for each State. 176 [ * * * * *] The brackets and figure "( 1)" omitted by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. Clauses (2) and (3) omitted by the Constitution (Seventh Amendment) Act, 1956. 215. High Courts to be Courts of record :- Every High Court shall be a court of record and shall have all the powers of such a Court including the power to punish for contempt of itself. 216. Constitution of High Courts :- Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint. 177 [* * * * *] Proviso omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 11. 217. Appointment and conditions of the office of a Judge of a High Court :- (1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and. in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and [shall hold office, in the case of an additional or acting Judge as provided in Art.224 , and in any other case. until he attains the age of 178[sixty -two years]]: Provided that- (a) a Judge may, by writing under his hand addressed to the President, resign his office: (b) a Judge may be removed from his office by the President in the manner provided in Cl. (4) of Art.124 for the removal of a Judge of the Supreme Court: (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being (2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and- (a) has for at least ten years held ajudicial office in the territory of India; or (b) has for at least ten years been an advocate of a High Court 179[* * *] or of two or more such Courts in succession; 180[* * *] 181[* * * * *] 182 [(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.] Subs. by the Constitution (Fifteenth Amendment) Act, 1963. Sec. 4. for "sixty years. The words "in any State specified in the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. The word "or " and sub-clause (c) were ins. by the Constitution (Forty-second Amendment) Act. 1976 Sec. 36 (w.e.f. 3rd January. 1977) and omitted by the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 28 (w.e.f. 20th June, 1979). Proviso omitted by the Constitution (Seventh Amendment) Act, 1956. Sec.11. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, Sec. 4 (with retrospective effect). 218. Application of certain provisions relating to Supreme Court to High Courts :- The provisions of Cls. (4) and (5) of Art.124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court. 219. Oath or affirmation by Judges of High Courts :- Every person appointed to be a Judge of a High Court 183 [* * *] shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. The words "in a State" omitted by the Constitution (Seventh Amendment) Act. 1956, Sec. 29 and Schedule. 220. Restriction on practice after being a permanent Judge :- 184 No person who. after the commencement of this Constitution. has held office as a permanent Judge of a High Court shall plead or act in any Court or before any authority in India except the Supreme Court and the other High Courts. Subs. by Sec. 13, the Constitution (Seventh Amendment) Act, 1956., for Art. 220. 221. Salaries etc. of Judges :- 185 [(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provisions in that behalf is so made, such salaries as are specified in the Second Schedule.] (2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule : Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986 (w.e.f. 1st April. 1986). 222. Transfer of a Judge from one High Court to another :- (1 ) The President may, after consultation with Chief Justice of India, transfer a Judge from one High Court to any other High Court 186[* * *] 187 [(3) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth T h e words "within the territory of India" omitted by the Constitution (Seventh Amendment) Act. 1956, Sec. 14. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, Sec. 5. Original Cl. (2) was omitted by the Constitution (Seventh Amendment) Act, 1956. Sec. 14. 223. Appointment of acting Chief Justice :- When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.188 Subs. by the Constitution (Seventh Amendment) Act, 1956, Sec. 15, for Art. 224. 224. Appointment of additional and acting Judges :- (1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify. (2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties. (3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of 189 [sixty-two- years]. Subs. by the Constitution (Fifteenth Amendment) Act. 1963. Sec. 6, for "sixty years." 224A. Appointment Of Retired Judges At Sittings Of High Courts :- 190 Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court: Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.] Ins. by Sec. 7, the Constitution (Fifteenth Amendment) Act. 1963. 225. Jurisdiction of existing High Courts :- Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of. and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sitting of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution: 191 [Provided that any restriction to which the exercise of original juris- diction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.] Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 29 (w.e.f. 20th June, 1979), Original proviso was omitted by the Constitution (Forty-second Amendment) Act. 1976, Sec. 37 (w.e.f. 1st February, 1977). 226. Power of High Courts to Issue certain writs :- (1 ) Notwithstanding anything in Art.32 192[* * *] every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories, directions, orders or writs, including, 193[writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari or any of them for the enforcement of any of the rights conferred by Part III and for any other purpose.] (2) The power conferred by Cl. (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories. 194[(3) Where any party against whom an interim order whether by way of injunction or stay or in any other manner, is made on. or in any proceedings relating to, a petition under Cl. (1). without- ( a ) furnishing to such party copies of such petition and all documents in support of the plea for such interim order, and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or as the case may be, the expiry of the said next day. stand vacated.] 195 [(4)] The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by Cl. (2) of Art.32 . The words, figures and letters "but subject to the provisions of Art. 131-A and Art. 226-A" omitted by the Constitution (Forty-third Amendment) Act, 1977, Sec. 7 (w.e.f. 13th April. 1978). Subs. by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 30, for the portion beginning with the words "writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them" and ending with the words "such illegality has resulted in substantial failure of justice,"(w.e.f. 1st August, 1979). Subs. by Sec. 30. the Constitution (Forty-fourth Amendment) Act, 1978., for Cls. (3), (4), (5) and (6) (w.e.f. 1st August, 1979). Clause (7) re-numbered as Cl. (4) by the Constitution (Forty-fourth Amendment) Act, 1978 Sec. 30 (w.e.f. IstAugust, 1979). 226A. Constitutional Validity Of Central Laws Not To Be Considered In Proceedings Under Art. 226 :- Rep. by the Constitution (Forty-third Amendment) Act, 1977, Sec. 8 (w.e.f. 13th April, 1978). 227. Power of superintendence over all courts by the High Court :- 196[(1) Every High Court shall have superintendence over all Courts and tribunals throughout the territories in relation to which it exercises jurisdiction.] (2) Without prejudice to the generality of the foregoing provision, the High Court may- (a) call for returns from such Courts: (b) make and issue general rules and prescribe forms for regulat- ing the practice and proceedings of such Courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such Courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such Courts and to attorneys, advocates and pleaders practising therein : Provided that any rules made, forms prescribed or tables settled under Cl. (2) or Cl. (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor. (4) Nothing in this article shall be deemed to confer on a High Court powers of perintendence over any Court or Tribunal constituted by or under any law relating to the Armed Forces. 197 [ * * * * *] Clause (1) has been successively subs. by the Constitution (Forty- second Amendment) Act 1976, Sec. 40 (w.e.f. 1st February. 1977) and the Constitution (Forty-fourth Amendment Act, 1978, Sec. 31 to read as above (w.e.f. 20th June, 1979). Clause (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 40 (w.e.f 1st February, 1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978 Sec. 31 (w.e.f. 20th June, 1979). 228. Transfer of certain cases to High Court :- If the High Court is satisfied that a case pending in a Court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, 198[it shall withdraw the case and 199 [* * *] may]- (a) either dispose of the case itself, or (b) determine the said question of law and return the case to the Court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said Court shall on receipt thereof proceed to dispose of the case in conformity with such judgment. Subs. by the Constitution (Forty-second Amendment) Act. 1976. Sec. 41, for the words "it shall withdraw the case and may-"(w.e.f. 1st February, 1977). The words, figures and letter "subject to the provisions of Art. 131- A , " omitted by the Constitution (Forty-third Amendment) Act, 1977, Sec. 9 (w.e.f. 13th April, 1978). 228A. Special provisions as to disposal of question relating to constitutional validity of State laws :- [.].-Rep. by the Constitution (Forty-third Amendment) Act, 1977, Sec. 10 (w.e.f. 13th April, 1978). 229. Officers and servants and the expenses of High Courts :- (1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct : Provided that the Governor of the State 200[* * *] may by rules require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission. (2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose : Provided that the rules made under this clause shall, as far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State 201 [* * *]. (3) The administrative expenses of High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund. The words "in which the High Court has its principal seat" omitted by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. The words "in which the High Court has its principal seat" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. 230. Extension of jurisdiction of High Courts to Union territories :- [ (1) Parliament may by law extend the jurisdiction of High Court to, o r exclude the jurisdiction of a High Court from, any Union territory. (2) Where the High Court of a State exercise jurisdiction in relation to a Union territory,- (a) nothing in this Constitution shall be construed as empowering the legislature of the State to increase, restrict or abolish that juris- diction; and (b) the reference in Art.227 to the Governor shall, in relation to any rules, forms or takes for subordinate Courts in that territory, be construed as a reference to the President. 231. Establishment of a common High Court for two or more States :- ( 1 ) Notwithstanding anything contained in the proceeding provisions of this Chapter. Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory. (2) In relation to any such High Court,- (a) the reference in Art.217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction: (b) the reference in Art.227 to the Governor shall, in relation to any rules, forms or tables for subordinate Courts, be construed as a reference to the Governor of the State in which the High Courts are situate; and (c) the references in Art.219 and Art.229 to the State shall be construed as a reference to the State in which the High Court has its principal seat: Provided that if such principal seat is in a Union territory, the reference in Art.219 and Art.229 to the Governor, Public Service Commission, Legisla- ture and Consolidated Fund of the State shall be construed respectively as references to the President. Union Public Service Commission, Parliament and Consolidated Fund of India.] 232. REPEALED :- CHAPTER 6 Subordinate Courts 233. Appointment of District Judges :- (1) Appointments of persons to be, and the posting and promotion of, District Judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State. (2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a District Judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment. 233A. Validation Of Appointments Of, And Judgments, Etc., Deliv- Ered By, Certain District Judges :- 202 Notwithstanding any judgment, decree or order of any Court.- (a) (i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a District Judge In that State, and (ii) no posting, promotion or transfer of any such person as a district Judge, made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966, otherwise than in accordance with the provisions of Art.233 or Art.235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions; (b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a District Judge In any State otherwise than in accor- dance with the provisions of Art.233 or Art.235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.] Subs. by the Constitution (Seventh Amendment) Act, 1956, Sec. 17, for Arts. 239 and 240. 234. Recruitment of persons other than District Judges to the ju- dicial service :- Appointments of persons other than District Judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State. 235. Control over subordinate Courts :- The control over district Courts and Courts subordinate thereto including the posting and promotion of. and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of District Judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law. 236. Interpretation :- In this Chapter- (a) the expression "District Judge" includes Judge of a city Civil Court, additional District Judge, Joint District Judge, assistant Dis- trict Judge, Chief Judge of a Small Cause Court, Chief Presidency Magistrate, Additional Chief Presidency Magistrate, Sessions Judge, additional Sessions Judge and assistant Sessions Judge: (b) the expression "judicial service" means a service consisting exclusively of persons intended to fill the post of District Judge and other civil judicial post inferior to the post of District Judge. 237. Application of the provisions of this Chapter to certain class or classes of Magistrates :- The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of Magistrates In the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification. PART 7 THE STATES IN PART-B OF THE FIRST SCHEDULE 238. Repealed :- PART 8 THE UNION TERRITORIES 239. Administration of Union Territories :- 204 (1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit through an administrator to be appointed by him with such designation as he may specify. (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers. Subs. by the Constitution (Seventh Amendment) Act, 1956, Sec. 17, for Arts. 239 and 240. 239A. Creation Of Local Legislatures Or Council Of Ministers Or Both For Certain Union Territories :- (1) Parliament may by law create 205 [for the Union territory of Pondicherry]. (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or (b) a Council of Ministers, or both with such Constitution, powers and functions, in each case, as may be specified in the law. (2) Any such law as is referred to in Cl. (1) shall not be deemed to be an amendment of this Constitution for the purposes of Art.368 notwith- standing that it contains any provisions which amends or has the effect of amending this Constitution.] Subs, by Goa, Daman and Diu Reorganization Act, 1987 (Act 18 of 1987), Sec. 63 (c), for the words "for any of the Union territories of Goa, Daman and Diu and Pondicherry" (w.e.f. 30th May 1987). 239AA. Special Provisions With Respect To Delhi :- 206(1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under Art.239 shall be designated as the Lieutenant Governor. (2) (a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory. (b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such divi- sion) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament. (c) The provisions of Art.324 to Section 327 and Section 329 shall apply in relation to the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respec- tively: and any reference in Art.326 and Section 329 to "appropriate Legislature" shall be deemed to be a reference to Parliament. (3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18. (b) Nothing in sub-clause (a) shall derogate from the powers of Parlia- ment under this Constitution to make laws with respect to any matter for a Union territory or any part thereof. (c) If any provision of a law made by the Legislative Assembly with respect to any matters is repugnant to any provision of a law, made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly then. in either case, the law made by Parliament, or. as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void: Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory : Provided further that nothing in this sub-clause shall prevent Parlia- ment from enacting at any time any law with respect to the same matter including a law adding to. amending, varying or repealing the law so made by the Legislative Assembly. (4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of the function in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion : Provided that in the case of difference of opinion between the Lieuten- ant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action. to take such action or to give such direction in the matter as he deems necessary. (5) The Chief Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President. (6) The Council of Ministers shall be collectively responsible to the Legislative Assembly. 207[(7) (a)] Parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto. 208 [(b) Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this Constitution for the purposes of Art.368 notwithstanding that it contains any provision which amends or has the effect of amending, this Constitution.] (8) The provisions of Art. 239-B shall, so far as may be, apply in relation to the National Capital Territory, the Lieutenant Governor and the Legisla- tive Assembly, as they apply in relation to the Union territory of Pondicherry, the administrator and its Legislature, respectively; and any reference in that article to "Cl. (1) of Art.239A " shall be deemed to be a reference to this article or Art.239A B , as the case may be. Ins. by the Constitution (Sixty-ninth Amendment) Act, 1991. Sec. 2 (w.e.f. 1st February 1982). Subs. by the Constitution (Seventieth Amendment) Act, 1992, Sec. 3 for "(7)" (w.e.f. 21st December, 1991). I ns. by Sec. 3, the Constitution (Seventieth Amendment) Act, 1992. (w.e.f. 21st December, 1991). 239AB. Provision In Case Of Failure Of Constitutional Machinery :- I f the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied- (a) that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of Art.239AA or of any law made in pursuance of that article; or (b) that for the proper administration of the National Capital Territory it is necessary or expedient so to do, the President may by order suspend the operation of any provision of Art.239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provis- ions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of Art.239 and Art.239AA .] 239B. Power Of Administrator To Promulgate Ordinances During Recess Of Legislature :- 209(1) If at any time, except when the Legislature of 210[the Union territory ofPondicherry] is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require : Provided that no such Ordinance shall be promulgated by the admin- istrator except after obtaining instructions from the President in that behalf: Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in Cl. (1) of Art.239A , the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension. (2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in Cl. (1) of Art.239A , but every such Ordinance- (a.) shall be laid before the Legislature of the Union territory and shall cease to operate at the expiration of six weeks from the re- assem- bly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and (b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in Cl. (1) of Art.239A , it shall be void.] 211 [* * * *] Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, Sec. 3 (w.e.f. 30th December, 1971). Subs. by Goa, Daman and Diu Reorganization Act. 1987, (Act 18 of 1987) Sec. 63, for the words, brackets, figures and letter "a Union territory referred to in Cl. (1) of Art. 239-A". Clause (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975. Sec. 4 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 32 (w.e.f. 20th June, 1979). 240. Power of President to make regulations for certain Union ter- ritories :- (1) The President may make regulations for the peace, progress and good government of the Union territory of- (a) the Andaman and Nicobar Islands : 212[(b) Lakshadweep;] 213[(c) Dadra and Nagar Haveli:] 214[(d) Daman and Diu;] 215[(e) Pondicherry;) 216[(f)xxx] 217[xxx] 218[Provided that when any body is create under Act 239-A to function as a Legislature for the 219[Union territory] of 220[Pondicherry]], the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature:] 221[Provided further that whenever the body functioning as a Legislature for the Union territory of 222[Pondicherry] is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in Cl. (1) of Art.239A , the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory.] (2) Any regulation so made may repeal or amend any Act made by Parliament or 223 [any other law] which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory. ] Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), Sec. 4 for entry (b) (w.e.f. 1st November, 1973). Ins. by the Constitution (Tenth Amendment) Act, 1961, Sec. 3. . Subs. by Goa, Daman and Diu Reorganisation Act, 1987 (Act 18 of 1987) Sec. 63, for the words "Goa. Daman and Diu". Ins. by the Constitution (Fourteenth Amendment) Act, 1962, Secs. 5 and 7 (w.e.f. 16th August, 1962). Entry (f) relating to Mizoram omitted by the State of Mizoram Act. 1986 (34 of 1986). Sec. 39 (d (i) (w.e.f. 20th February, 1987). Entry (g) relating to "Arunachal Pradesh" omitted by Arunachal Pradesh Act, 1986 (Act 69 of 1986) (w.e.f. 20th February, 1987). Ins. by the Constitution (Fourteenth Amendment) Act, 1962, Sec. 5. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, Sec. 4, for "Union territory of Goa, Daman and Diu or Pondicherry" (w.e.f. 15th February, 1972). Subs. by Goa, Daman and Diu Reorganization Act, 1987 (18 of 1987). Sec. 63 for "Goa, Daman and Diu or Pondicherry (w.e.f. 30- 5-1987). Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971. Sec. 4 (w.e.f. 15th February. 1972). Subs. by Goa, Daman and Diu Reorganisation Act. 1987 (i8 of 1987), Sec. 63 for "Goa, Daman and Diu or Pondicherry" (w.e.f. 30th May, 1987). Subs. by the Constitution (Twenty-seventh Amendment) Act 1971, Sec. 4, for "any existing law" (w.e.f. 15th February, 1972). 241. High Courts for Union territory :- (1) Parliament may by law constitute a High Court for a 224[Union territory] or declare any Court in any 225[such territory] to be a High Court for all or any of the purposes of this Constitution. (2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in Cl. (1) as they apply in relation to a High Court referred to in Art.214 subject to such modifications or exceptions as Parliament may by law provide. 226 [(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exer- cising jurisdiction immediately before the commencement of the Constitu- tion (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement. (4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.] Subs. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule for "State specified in Part C of the First Schedule". Subs. by the Constitution (Seventh Amendment) Act, 1956., for the words "such State". Subs. by the Constitution (Seventh Amendment) Act, 195G, Sec. 29 and Schedule for Cls. (3) and (4), 242. REPEALED :- 227 [ xxx] Repealed by Sec. 29. and Schedule. PART 9 THE PANCHAYATS 243. Definitions :- In this Part unless the context otherwise requires,- (a) "district" means a district in a State: (b) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level: (c) "intermediate level" means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part: (d) "Panchayat" means an institution (by whatever name called) of self-government constituted under Art.243B , for the rural areas: (e) "Panchayat area" means the territorial area of a Panchayat; (f) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published; (g) "village" means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified. 243A. Gram Sabha :- A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may. by law, provide. 243B. Constitution Of Panchayats :- (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part. ( 2 ) Notwithstanding anything in Cl. (1), Panchayats at the intermedi- ate level may not be constituted in a State having a population not exceeding twenty lakhs. 243C. Composition Of Panchayats :- (1) Subject to the provisions of this Part, the Legislature of a State may. by law, make provisions with respect to the composition of Panchayats : Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State. (2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and for this purpose, each Panchayat area shall be divided into territorial constit- uencies in such manner that the ratios between the population of each constituency and the number of seats allotted to It shall, so far as practi- cable, be the same throughout the Panchayat area. (3) The Legislature of a State may by law, provide for the representa- tion- (a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level; (b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level; (c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat: (d) of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within- (i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level; (ii) a Panchayat area at the district level, in Panchayat at the district level. (4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats. (5) The Chairperson of- (a) a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide, and (b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof. 243D. Reservation Of Seats :- (1) Seats shall be reserved for- (a) the Scheduled Castes; and (b) the Scheduled Tribes, (2) Not less than one-third of the total number of seats reserved under Cl. (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be. the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. (4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State : Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at the each level. (5) The reservation of seats under Cls. (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under Cl. (4) shall cease to have effect on the expiration of the period specified in Art.334 (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens. 243EDuration Of Panchayats Etc (1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in Cl. (1). (3) An election to constitute a Panchayat shall be completed- (a) before the expiry of its duration specified in Cl. (1) : (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period. (4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under Cl. (1) had it not been so dissolved. 243F. Disqualifications For Membership :- (1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat- (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in Cl. (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide. 243G. Powers, Authority And Responsibilities Of Pancha- Yats :- Subject to the provisions of this Constitution, the Legislature of a State may. by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to- (a) the preparation of plans for economic development and social justice, (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule. 243H. Powers To Impose Taxes By, And Funds Of, The Panchayats :- The Legislature of a State may, by law,- (a) authorise a Panchayat to levy. collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject such limits; (b) assign to a Panchayat such taxes, duties, tolls and fees levied an d collected by the State Government for such purposes and subject to such conditions and limits; (c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State: and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law. 243I. Constitution Of Finance Commission To Review Financial Position :- (1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992 and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to- (a) the principles which should govern- (i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respec- tive shares of such proceeds: (ii) the determination of the taxes, duties, tolls and fees which may be assigned to. or appropriated by, the Panchayats; (iii) the grants-in-aid to the Panchayats from the Consoli- dated Fund of the State; (b) the measures needed to improve the financial position of the Panchayats; (c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats. (2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appoint- ment as members thereof and the manner in which they shall be selected. (3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them. (4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State. 243J. Audit Of Accounts Of Panchayats :- The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts. 243K. Elections Of The Panchayats :- The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. (2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may, by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commis- sioner shall not be varied to his disadvantage after his appointment. (3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by Cl. (1). (4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats. 243L. Application To Union Territories :- The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under Art.239 and references to the Legislature or the Legislative Assembly of a State were reference, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly : Provided that the President may by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to su ch exceptions and modifications as he may specify in the notification. 243M. Part Not To Apply To Certain Areas :- (1) Nothing in this Part shall apply to the Scheduled Areas referred to in Cl. (1), and the Tribal Areas referred to in Cl. (2), of Art.244 . (2) Nothing in this Part shall apply to- (a) the States of Nagaland, Meghalaya and Mizoram; (b) the Hill area in the State of Manipur for which District Councils exist under any law for the time being in force. (3) Nothing in this Part,- (a) relating to Panchayats at the district level shall apply to the hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in force; (b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law. 229 "(3A) Nothing in Art. 243-D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh." (4) Notwithstanding anything in this Constitution,- (a) the Legislature of a State referred to in sub- xclause (a) of Cl. (2) may, by law, extend this Part to that State, except the areas, if any, referred to in Cl. (1), if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of that House and by a majority of not less than two- thirds of the members of that House present and voting; (b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the Tribal Areas referred to in Cl. (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of Art.368 . Inserted by the Constitution (Eighty-third Amendment) Act, 2000. 243N. Continuance Of Existing Laws And Panchayats :- Notwith- standing anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before the commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State. 243O. Bar To Interference By Courts In Electoral Matters :- Notwithstanding anything in this Constitution,- (a) the validity of any law relating to the delimitation of constitu- encies or the allotment of seats to such constituencies, made or purporting to be made under Art.243K , shall not be called in question in any Court; (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State. Part 9A THE MUNICIPALITIES 243P. Definitions :- In this Part, unless the context otherwise requires,- (a) "Committee" means a Committee constituted under Art.243S : (b) "district" means a district in a State: (c) "Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part; (d) "Municipal area" means the territorial area of a Municipality as is notified by the Governor, (e) "Municipality" means an institution of self- government con- stituted under Art.243Q : (f) "Panchayat" means a Panchayat constituted under Art.243B ; (g) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published. 243Q. Constitution Of Municipallties :- (1) There shall be constituted in every State,- (a) a Nagar Panchayat (bywhatever name called) for a transitional area, that is to say. an area in transition from a rural area to an urban area: (b) a Municipal Council for a smaller urban area: and (c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part : Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit. by public notification, specify to be an industrial township. (2) In this article, "a transitional area", a smaller urban area" or " larger urban area" means such area as the Governor may. having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non- agricultural activities, the economic importance or such other factors as he may deem fit. specify by public notification for the purposes of this Part. 243R. Composition Of Municipalities :- (1) Save as provided in Cl.(2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area (2) The Legislature of a State may, by law, provide- (a) for the representation in a Municipality of- (i) persons having special knowledge or experience in Muni- cipal administration: (ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituen- cies which comprise wholly or partly the Municipal area: (iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area; (iv) the Chairpersons of the Committees constituted under Cl. (5) of Art.243S : Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meeting of the Municipality. (b) the manner of election of the Chairperson of a Municipality. 243S. Constitution And Composition Of Wards Committees, Etc :- (1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more. (2) The Legislature of a State may, by law, make provision with respect to- (a) the composition and the territorial area of a Wards Committee: (b) the manner in which the seats in a Wards Committee shall befilled. (3) A member of a Municipality representing a ward within the territo- rial area of the Wards Committee shall be a member of that Committee. (4) Where a Wards Committee consists of- (a) one ward, the member representing that ward in the Munici- pality: or (b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee,shall be the Chairperson of that Committee. (5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees. 243T. Reservation Of Seats :- (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election In that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality. (2) Not less than one-third of the total number of seats reserved under Cl. (1) shall be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. ( 4 ) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may by law, provide. (5) The reservation of seats under Cls. (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under Cl. (4) shall cease to have effect on the expiration of the period specified in Art.334 (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens. 243U. Duration Of Municipalities, Etc :- (1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer: Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution. (2) No amendment of any law for the time being in force shall have t h e effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in Cl. (1). (3) An election to constitute a Municipality shall be completed,- (a) before the expiry of its duration specified in Cl. (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period. (4) A Municipality constituted upon the dissolution of a Municipality before the expiration of Its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under Cl. (1), had it not been so dissolved. 243V. Disqualifications For Membership :- (1) A person shall be disqualified for being chosen as, and for being a member of a Municipality,- (a) if he is so disqualified by or under any law for the time being In force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in Cl. (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide. 243W. Powers, Authority And Responsibilities Of Municipalities,Etc :- Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow- (a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self- government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to- (i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule: (b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule. 243X. Power To Impose Taxes By, And Funds Of, The Municipalities :- The Legislature of a State may, by law,- (a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; (b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits: (c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law. 243Y. Finance Commission :- (1) The Finance Commission constituted under Art.243l shall also review the financial position of the Municipalities and make recommendations to the Governor as to- (a) the principles which should govern- (i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds: (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by. the Municipalities: (iii) the grant-in-aid to the Municipalities from the Consoli- dated Fund of the State; (b) the measures needed to improve the financial position of the Municipalities: (c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities, (2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State. 243Z. Audit Of Accounts Of Municipalities :- The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts. 243ZA. Eiection To The Municipalitles :- (1) The superintendence, direction and control of the preparation of electoral rolls for. and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in Art.243K . (2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to. or in connection with. elections to the Municipalities. 243ZB. Application To Union Territories :- The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the reference to the Governor of a State were references to the Administrator of the Union territory appointed under Art. 239 and references to the Legislature or the Legislative Assembly of a State were references in relation to an Union territory having a Legislative Assembly, to that Legislative Assembly : Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification. 243ZC. Part Not To Apply To Certain Areas :- (1) Nothing in this Part shall apply to the scheduled areas referred to in Cl. (1), and the tribal areas referred to in Cl. (2) of Art.244 . (2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal. (3) Notwithstanding anything in this Constitution Parliament may, by law, extend the provisions of this Part to scheduled areas and the tribal areas referred to in Cl. (1) subject to such exceptions and modifications as may be specified in such law. and no such law shall be deemed to be an amendment of this Constitution for the purposes of Art. 368. 243ZD. Committee For District Plannlng :- (1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole. (2) The Legislature of a State may, by law, make provision with respect to- (a) the composition of the District Planning Committees; (b) the manner in which the seats in such Committees shall be filled: Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district: (c) the functions relating to district planning which may be as- signed to such Committees; (d) the manner in which the Chairpersons of such Committees shall be chosen. (3) Every District Planning Committee shall, in preparing the draft development plan,- (a) have regard to- (i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated devel- opment of infrastructure and environmental conservation; (ii) the extent and type of available resources whether finan- cial or otherwise; (b) consult such institutions and organisations as the Governor may, by order, specify. (4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Govern- ment of the State. 243ZE. Committee For Metropolitan Planning :- (1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole. (2) The Legislature of a State may, by law, make provision with respect to- (a) the composition of the Metropolitan Planning Committees; (b) the manner in which the seats in such Committees shall be filled: Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area; (c) the representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees ; (d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees; (e) the manner in which the Chairpersons of such Committees shall be chosen. (3) Every Metropolitan Planning Committee shall, in preparing the draft development plan.- (a) have regard to- (i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area; (ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural re- sources, the integrated development of Infrastructure and envi- ronmental conservation; (iii) the overall objectives and priorities set by the Govern- ment of India and the Government of the State; (iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise; (b) consult such institutions and organisations as the Governor may, by order, specify. (4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan. as recommended by such Committee, to the Government of the State. 243ZF. Continuance Of Existing Laws And Municipalities :- Not- withstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State. 243ZG. Bar To Interference By Courts In Electoral Matters :- Notwithstanding anything in this Constitution,- (a) the validity of any law relating to the delimitation of constit- uencies or the allotment of seats to such constituencies, made or purporting to be made under Art.243ZA shall not be called inquestion in any Court; (b) no election to any Municipality shall be called in question except b y an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State. PART 10 THE SCHEDULED AND TRIBAL AREAS 244. Administration of Scheduled Areas and Tribal Areas :- ( 1 ) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State 2[***] other than 3[the States of Assam 233] 234[Meghalaya, Tripura and Mizoram]]]. (2) The provisions of the Sixth Schedule shall apply to the administra- tion of the tribal areas in 235[the States of Assam 236[237 [Meghalaya, Tripura and Mizoram] ]]. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. Subs. by the State of Mizoram Act. 1986 (34 of 1986). Sec. 39. for the words "Meghalaya and Tripura" (w.e.f. 20th February, 1987). Subs. by North-Eastern Areas (Reorganisation) Act. 1971 (81 of 1971), Sec. 71, for the words "the State of Assam" (w.e.f. 21st January. 1972). Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, Sec. 2. for "and Meghalaya" (w.e.f. 1st April. 1985). Subs. by Sec. 39. the State of Mizoram Act. 1986., for the words Meghalaya and Tripura and the Union territory of Mizoram" (w.e.f 20th February, 1987). 244A. Formation Of Autonomous State Comprising Certain Tribal Areas In Assam And Creation Of Local Legislature Or Council Of Ministers Or Both Therefor :- (1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in 239 [Part I] of the table appended to para. 20 of the Sixth Schedule and create therefor- (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or (b) a Council- of Ministers; or both with such constitution, powers and functions in each case, as may be specified in the law. (2) Any such law as is referred to in Cl. (l) may, in particular,- (a) specify the matters enumerated in the State List or the Con- current List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise; (b) define the matter with respect to which the executive power of the autonomous State shall extend: (c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State : (d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the au- tonomous State: and (e) make such supplemental, incidental and consequential pro- visions as may be deemed necessary. (3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of Cl. (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting. (4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of Art.368 notwith- standing that it contains any provision which amends or has the effect of amending this Constitution.] Subs. by the North-Eastern Areas (Reorganisation) Act. 1971 (81 of 1971), Sec. 71 for Part A" (w.e.f. 21st January. 1972). PART 11 RELATIONS BETWEEN THE UNION AND THE STATES 245. Extent of laws made by Parliament and by the Legislatures of States :- (1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make law for the whole or any part of the State. (2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation. 246. Subject-matter of laws made by Parliament and by the Legislatures of States :- (1) Notwithstanding anything in Cls. (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the "Union List"). (2) Notwithstanding anything in Cl.(3), Parliament, and, subject to Cl. (1), the Legislature of any State 1[* * *] also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the "Concurrent List"). (3) Subject to Cls. (1) and (2), the Legislature of any State 241[* * *] has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the "State List"). (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included 242 [in a State] notwithstanding that such matter is a matter enumerated in the State list. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. Subs, by Sec. 29 and Schedule, the Constitution (Seventh Amendment) Act, 1956., for "in Part B of the First Schedule". 247. Power of Parliament to provide for the establishment of certain additional courts :- Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List. 248. Residuary powers of legislation :- (1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists. 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest :- (1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council ofStates has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient In the national Interest that Parliament should make laws with respect to any matter enumerated in the State List specified in resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force. (2) A resolution passed under Cl. (1) shall remain in force for such period not exceeding one year as may be specified therein : Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in Cl. (1). such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force. (3) A law made by Parliament which Parliament would not but for the passing of a resolution under Cl. (1), have been competent to make shall to the extent of the incompetency cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period. 250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation :- ( 1 ) Notwithstanding anything in this Chapter. Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. (2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period. 251. Inconsistency between laws made by Parliament under Arts. 249 and 250 and laws made by the Legislatures of States :- Nothing in Art.249 and Art.250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of law made by Parliament which Parliament has under either of the said articles power to make the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative. 252. Power of Parliament to legislate for two or more States by con- sent and adoption of such legislation by any other State :- (1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the State except as provided in Art.249 and Art.250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed In that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State. (2) Any act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State. 253. Legislation for giving effect to international agree- ments :- Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. 254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States :- (1) If any provision of law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of Cl. (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. (2) Where a law made by the Legislature of State 243 [* * *] with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State : Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State. The words and letters "specified in Part A and Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. 255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only :- No Act of Parliament or of the Legislature of a State 244 [* * *], and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given- (a) where the recommendation required was that of the Governor, either by the Governor or by the President ; (b) where the recommendation required was that of the Rajpramukh either by the Rajpramukh or by the President ; (c) where the recommendation or previous sanction required was that of the President, by the President. The words and letters "specified in Part A and Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. Chapter 2 General 256. Obligation of States and the Union :- The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. 257. Control of the Union over States in certain cases :- (1) The executive power of every State shall be so exercised as not to impede or (2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance: Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or. waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works. (3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State. (4) Where in carrying out any direction given to a State under Cl. (2) as to the construction or maintenance of any means of communication or under Cl. (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State. 257A. Assistance To States By Deployment Of Armed Forces Or Other Forces Of The Union :- 245 Rep. by the Constitution (Forty-fourth Amendment) Act 1978. Sec. 33 (w.ef. 20th June. 1979). Ins. by the Constitution (Forty-second Amendment) Act. 1976, Sec. 43(w.e.f. 3rd January. 1977). 258. Power of the Union to confer powers, etc., on States In certain cases :- (1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends. (2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof. (3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties. 258A. Power Of The States To Entrust Functions To The Union :- [ Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to Its officers functions in relation to any matter to which the executive power of the State extends. 259. Armed forces in States in Part B of the First Schedule :- [.] Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 260. Jurisdiction of the Union in relation to territories outside India :- The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force. 261. Public acts, records and judicial proceedings :- (1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State. (2) The manner in which and the conditions under which the acts, records and proceedings referred to in Cl. (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament. (3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law. 262. Adjudication of disputes relating to waters of inter- State rivers or river valleys :- (1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley. (2) Notwithstanding anything in this Constitution Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in Cl. (1). 263. Provisions with respect to an inter-State Council :- If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of- (a) inquiring into and advising upon disputes which may have arisen between States: (b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or (c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure. PART 12 FINANCE, PROPERTY, CONTRACTS AND SUITS 264. Interpretation :- [In this Part, "Finance Commission" means a Finance Commission constituted under Art.280 .] 265. Taxes not to be imposed save by authority of law :- No tax shall be levied or collected except by authority of law. 266. Consolidated Funds and public accounts of India and of the States :- (1) Subject to the provisions of Art.267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of India", and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of the State". (2) All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be. (3) No moneys out of the Consolidated Fund of India or the Consoli- dated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution. 267. Contingency Fund :- (1) Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of India" into which shall be paid from time to time such sums as may be determined by such law. and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under Art.115 or Art.116 . (2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of the State" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor 249 [* * *] of the State to enable advances to be made by him Art.205 or Art.206 . The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. 268. Duties levied by the Union but collected and appropriated by the States :- (1) Such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected,- (a) in the case where such duties are leviable within any 250 [Union territory], by the Government India, and (b) in other cases, by the States within which such duties are respectively leviable. (2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State. Subs. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule for "States specified in Part C of the First Schedule". 268A. Service Tax Levied By Union And Collected And Appropriated By The Union And The States :- 251 (1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2). (2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be- (a) collected by the Government of India and the States; (b) appropriated by the Government of India and the States, in accordance with such principles of collection and appropriation as may be formulated by Parliament by law. Inserted by Constitution (Eighty-eighth Amendment) Act, 2003, [January 15, 2004] 269. Taxes levied and collected by Union but assigned to 269. Taxes levied and collected by Union but assigned to the States :- 252(1) Taxes on the sale or purchase of goods and taxes on the consignment of goods shall be levied and collected by the Government of India but shall be assigned and shall be deemed to have been assigned to Slates on or after the 1st day of April, 1996 in the manner provided in clause (2). Explanation.- For the purposes of this clause,- (a) the expression "taxes on the sale or purchase of goods" shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce; (b) the expression "taxes on the consignment of goods" shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment lakes place in the course of inter-State trade or commerce. (2) The net proceeds in any financial year of any such tax. except in so far as those proceeds represent proceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year. and shall be distributed among those Slates in accordance with such principles of distribution as may be formulated by Parliament by law. 253[(3) Parliament may by law formulate principles for determination when a 254 [sale or purchase of, or consignment of, goods] takes place in the course of inter-State trade or commerce.] Substituted for "(1) The following duties and taxes shall be levied and collected by the Government of India but shall be assigned to the States in the manner provided in Cl. (2), namely : (a) duties in respect of succession to property other than agricul- tural land; (b) estate duty in respect of property other than agricultural land; (c) terminal taxes on goods or passengers carried by railway, sea or air: (d) taxes on railway fares and freights ; (e) taxes other than stamp duties on transactions in stock-ex- changes and markets: (f) taxes on the sale or purchase of newspapers and on advertise- ments published therein; [(g) taxes on the sale or purchase of goods other than newspa- pers, where such sale or purchase takes place in the course of inter-State trade or commerce;] [(h) taxes on the consignment of goods (whether the consignment is to the person making it or to any other person) where such consignment takes place in the course of inter-State trade or com- mence.] (2) The net proceeds in any financial year of any such duty or tax. except in so far as those proceeds represent proceeds attributable to [Union territories], shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that duty or tax is leviable in that year and shall be distributed among those States in accordance with such principles of distribution as may be formulated by Parliament by law." by the Constitution (Eightieth Amendment) Act, 2000. Ins. by the Constitution (Sixth Amendment) Act, 1056, Sec. 3 Subs. by Sec. 2. the Constitution (Forty-sixth Amendment) Act, 1982., for "sale or purchase of goods. 270. Taxes levied and distributed between the Union and the States. :- 255 (1) All taxes and duties referred to in the Union List, except the duties and taxes referred to in Articles 268, 268A and 269 respectively, surcharge on taxes and duties referred to in article 271 and any cess levied lor specific purposes under any law made by Parliament shall be levied and collected by the Government of India and shall be distributed between the Union and the States in the manner provided in clause (2). (2) Such percentage, as may he prescribed, of the net proceeds of any such tax or duty in any financial year shall not form part of the Consolidated Fund of India, but shall be assigned to the Slates within which that tax or duly is leviable in that year, and shall be distributed among those Stales in such manner and from such time as may be prescribed in the manner provided in clause (3). (3) In this article, "prescribed" means,- (i) until a Finance Commission has been constituted, prescribed by the President by order, and (ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission." Susbtituted for article 270 "270. Taxes levied and collected by the Union and distributed be- tween the Union and the States.-(1) Taxes on income other than agricultural income shall be levied and collected by the Government of India and distributed between the Union and the States in the manner provided in Cl. (2). (2) Such percentage, as may be prescribed. of the net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to [Union territorties] or to taxes payable In respect of Union emoluments, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed. (3) For the purposes of Cl. (2), in each financial year such percentage as may be prescribed of so much of the net proceeds of taxes on income as does not represent the net proceeds of taxes payable in respect of Union emoluments shall be deemed to represent proceeds attributable to [Union territories]. ( 4 ) In this article- (a) "taxes on income" does not include a corporation tax ; (b) "prescribed" means,- (i) until a Finance Commission has been constituted, pre- scribed by the President by order, and (ii) after a Finance Commission has been constituted, pre- scribed by the President by order after considering the recommen- dations of the Finance Commission. (c) "Union emoluments" includes all emoluments and pensions payable out of the Consolidated Fund of India in respect of which income-tax is chargeable." by the Constitution (Eightieth Amendment) Act, 2000 271. Surcharge on certain duties and taxes for purposes of the Union :- Notwithstanding anything in Art.269 and Art.270 , Parliament may at anytime increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India. 272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States :- .256 Omitted for article 272 "272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States.-Union duties of excise other than such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied and collected by the Government of India, but, if Parliament by law so provides, there shall be paid out of the Consolidated Fund of India to the States to which the law imposing the duty extends sums equivalent to the whole or any part of the net proceeds of that duty, and those sums shall be distributed among those States in accordance with such principles of distribution as may be formulated by such law." by the Constitution (Eightieth Amendment) Act, 2000. 273. Grants in lieu of export duty on jute and jute products :- (1) There shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of the States of Assam. Bihar, Orissa and West Bengal, in lieu of assignment of any share of the net proceeds in (2) The sums so prescribed shall continue to be charged on the Consolidated Fund of India so long as any export duty on jute or jute products continues to be levied by the Government of India or until the expiration of ten years from the commencement of this Constitution, whichever is earlier. (3) In this article, the expression "prescribed" has the same meaning as in Art.270 . 274. Prior recommendation of President required to Bills affecting taxation in which States are interested :- (1) No bill or amendment which imposes or varies any tax or duty in which States are interested, or which varies the meaning of the expression "agricultural income" as defined for the purposes of the enactment relating to Indian income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to States, or which imposes any such surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation of the President. (2) In this article, the expression "tax or duty in which States are interested" means- (a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State ; or (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State. 275. Grants from the Union to certain States :- (1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States : Provided that there shall be paid out of the Consolidated Fund of India grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes In that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State: Provided further that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the State of Assam sums, capital and recurring, equivalent, to- (a) the average excess of expenditure over the revenues during the two years immediately preceding the commencement of this Constitu- tion in respect of the administration of the tribal areas specified in 257[Part I] of the Table appended to para. 10 of the Sixth Schedule; and (b) the costs of such schemes of development as may be under- taken by that State with the approval of the Government of India for . 258 [(1-A) On and from the formation of the autonomous State under Art. 244-A.- (i) any sums payable under Cl. (a) of the second proviso to Cl. (1), shall, if the autonomous State comprises all the tribal areas referred to therein, be paid to the autonomous State, and, if the autonomous State comprises only some of those tribal areas, be apportioned between the State of Assam and the autonomous State as the President may, by order specify; (ii) there shall be paid out of the Consolidated Fund of India as grants-in-aid to the revenues of the autonomous State sums, capital and recurring equivalent to the costs of such schemes of development as may be undertaken by the autonomous State with the approval of the Government of India for the purpose of raising t h e level of admin- istration of that State to that of the administration of the rest of the State of Assam.] (2) Until provision is made by Parliament under Cl. (1), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament : Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971. Sec. 71, for "Part A" (w.e.f. 21st January, 1972). Ins. by the Constitution (twenty-second Amendment) Act, 1969. Sec. 3. 276. Taxes on professions, trades, callings and employments :- (1) Notwithstanding anything in Art.246 , no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income. (2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, calling and employments shall not exceed 259[two thousand and five hundred rupees] per annum: 260 [ * * * * *] (3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make Subs. by the Constitution (Sixtieth Amendment) Act. 1988. Sec. 2, for the words "two hundred and fifty rupees. Proviso omitted by the Constitution (Sixtieth Amendment) Act. 1988., before its amendment it stood as follows : "Provided that if in the financial year immediately preceding the commencement of this Constitution there was in force in the case of any State or any such municipality, board or authority a tax on professions, trades, calling or employments the rate, or the maximum rate. of which exceeded two hundred and fifty rupees per annum, such tax may continue to be levied until provision to the contrary is made by Parliament by law, and any law so made by Parliament may be made either generally or in relation to any specified States. municipalities, boards or authorities." 277. Savings :- Any taxes, duties, cesses or fees which, Immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law. 278. Agreement with States in Part B of the First Schedule with regard to certain financial matters :- . [.]. Rep. by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. 279. Calculation of "net proceeds", etc :- (1 ) In the foregoing provisions of this Chapter, "net proceeds" means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final. (2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be. assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters. 280. Finance Commission :- (1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President. (2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected. ( 3 ) It shall be the duty of the Commission to make recommendations to the President as to- (a) the distribution between the Union and the State of the net proceeds of taxes which are to be. or may be, divided between them under this Chapter and the allocation between the States of the re- spective shares of such proceeds : (b) the principles which should govern the grants-in-aid of the revenue of the States out of the Consolidated Fund of India. 261[(bb) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;] 262[(c) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of recommendations made by the Finance Commission of the State.] 263 [(d)] any other matter referred to the Commission by the Presi- dent in the interests of sound finance. (4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them. Ins. by the Constitution. (Seventy-third Amendment) Act. 1992, Sec. 3 (w.e.f. 24th April, 1993), vide S.O.267 (E). dated 24th April, 1993 and assented on 20th April, 1993. Ins. by the Constitution (Seventy-fourth Amendment) Act. 1992. Sec. 3 (w.e.f. 1st June, 1993). Sub-clause (c) was re-lettered as sub-clause (d) by the Constitution (Seventy-fourth Amendment) Act, 1992. Sec. 3 (w.e.f. 1st June, 1993). 281. Recommendations of the Finance Commission :- T h e President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament. 282. Expenditure defrayable by the Union or a State out of its rev- enues :- The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws. 283. Custody, etc. of Consolidated Funds, Contingency Funds and moneys credited to the public accounts :- (1) The custody of the Consoli- dated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their payment into the public account of India and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by Parliament, and until provision in that behalf is so made, shall be regulated by rules made by the President. (2) The custody of the Consolidated Fund of a State and the Contin- gency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of the State, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor 264 [* * *] of the State. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. 284. Custody of suitors deposits and other moneys received by public servants and courts :- All moneys received by or deposited with- (a) any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Govern- ment of the State, as the case may be, or (b) any court within the territory of India to the credit of any cause, matter, account or persons, shall be paid into the public account of India or the public account of State as the case may be. 285. Exemption of property of the Union from State taxa- tion :- (1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State. (2) Nothing in Cl. (1) shall, until Parliament by law otherwise provides. prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commence- ment of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State. 286. Restrictions as to imposition of tax on the sale or purchase of goods :- (1) No law of a State shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place- (a) outside the State; or (b) in the course of the import of the goods into, or export of the goods out of, the territory of India. 265[ * * * * *] 266[(2) Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in Cl. (1).] 267 [(3) Any law of a State shall, in so far as it imposes, or authorises the imposition of,- (a) a tax on the sale or purchase of goods declared by Parliament by law to be of special importance in inter-State trade or commerce; or (b) a tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause (b). sub-clause (c) or sub-clause (d) of Cl. (29-A) or Art.366 , be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as Parliament may by law specify.] Explanation to Cl. (1) omitted by the Constitution (Sixth Amendment) Act, 1956. Sec. 4. Subs. by the Constitution (Sixth Amendment) Act, 1956., for Cls. (2) and (3). Subs. by the Constitution (Forty-sixth Amendment) Act. 1982, Sec. 3. for Cl. (3). 287. Exemption from taxes on electricity :- Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorise the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is,- (a) consumed by the Government of India, or sold to be Govern- ment of India for consumption by that Government : or (b) consumed in the construction, maintenance or operation of any railway by the Government of India or a railway company operating that railway, or sold to that Government or any such railway company for consumption in the construction, maintenance or operation of any railway. and any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by (he Government, or to any such railway company as aforesaid for consumption in the construction, main- tenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity. 288. Exemption from taxation by States in respect of water or elec- tricity in certain cases :- (1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of. a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by an existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley. (2) The Legislature of State may by law impose, or authorise the imposition of, any such tax as is mentioned in Cl. (1), but no such law shall have any effect unless it has after having been reserved for the consideration of the President, received his assent; and if a n y such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order. 289. Exemption of property and income of a State from Union tax- ation :- (1) The property and income of a State shall be exempt from Union taxation. (2) Nothing in Cl. (1) shall prevent the Union from imposing, or authorising the imposition of, any tax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purpose of such trade or business, or any income accruing or arising in connection therewith. (3) Nothing in Cl. (2) shall apply to any trade or business or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of Government. 290. Adjustment in respect of certain expenses and pen- sions :- Where under the provisions of this Constitution the expenses of any Court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if- (a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State : or (b) in the case of a charge on the Consolidated Fund of State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India. 290A. Annual Payment To Certain Devaswom Funds :- [A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of the Consolidated Fund of the State of Kerala every year to the Travancore Devasworn Fund : and a sum of thirteen lakhs and fifty thousand rupees shall be charged on. and paid out of, the Consolidated Fund of the State of 269 [Tamil Nadu] every year to the Devasworn Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st Day of November. 1956, from the State of Travancore Cochin.] Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), Sec. 4, for "Madras" (w.e.f. 14th January, 1969). 291. Privy purse sums of Rulers :- Rep. by the Constitution (Twenty-sixth Amendment) Act. 1971. Sec. 2. Chapter 2 Borrowings 292. Borrowing by the Government of India. :- The executive power of the Union extends to borrowings upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits. if any, as may be so fixed. 293. Borrowing by States :- (1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed. (2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under Art.292 are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India. (3) A State may not without the consent of tie Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government. (4) A consent under Cl. (3) may be granted subject to such conditions, if any, as the Government of India may think fit to Impose. Chapter 3 Property, Contracts, Rights, Liabilities, Obligations and Suits 294. Succession to property, assets, rights, liabilities and obliga- tions in certain cases :- As from the commencement of this Constitution- (a) all property and assets which immediately before such com- mencement were vested in His Majesty for the purposes of the Govern- ment of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governors Province shall vest respectively in the Union and the corresponding State, and (b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governors Province, whether arising out of any contract or otherwise, shall be the rights, Ilabilities and obligations respectively of the Government of India and the Government of each corresponding State, subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, West Punjab and East Punjab. 295. Succession to property, assets, rights, liabilities and obliga- tions in other cases :- (1) As from the commencement of this Constitution,- (a) all property and assets which immediately before such com- mencement were vested in any Indian State corresponding to a State specified In Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and (b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obliga- tions were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List, subject to any agreement entered into in that behalf by the Government of India with the Government of that State. (2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitu- tion, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in Cl. (1). 296. Property accruing by escheat or lapse of as bona vacan- tia :- Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest In the Union : Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Govern- ment of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State. 297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union :- [ (1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union. (2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union. (3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.] 298. Power to carry on trade, etc :- [The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose : Provided that- (a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws. be subject in each State to legislation by the State, and (b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parlia- ment.] 299. Contracts :- (1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor 272[* * *] of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor 273[* **] by such persons and in such manner as he may direct or authorise. (2) Neither the President nor the Governor 274 [**] shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof. The words "or the Rajpramukh" omitted by Sec. 29 and Schedule, the Constitution (Seventh Amendment) Act, 1956. Subs. by the Constitution (Seventh Amendment) Act, 1956, Sec. 20, for Art. 298. The words "nor the Rajpramukh": omitted by the Constitution (Seventh Amendment) Act, 1956.. 300. Suits and proceedings :- (1) the Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this (2) If at the commencement of this Constitution- (a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted lor the Dominion in those proceedings: and (b) any legal proceedings are pending to which a province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings. Chapter 4 Right to Property 300A. Persons Not To Be Deprived Of Property Save By Authority Of Law :- N o person shall be deprived of his property save by authority of law.] PART 1 3 TRADE, COMMERCE AND INTER COURSE WITHIN THE TERRITORY OF INDIA 301. Freedom of trade, commerce and Intercourse :- Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free. 302. Power of Parliament to impose restrictions on trade, com- merce and intercourse :- Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest. 303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce :- (1) Notwithstanding anything in Art.302 , neither Parliament nor the Legislature of a State shall have power to make any law giving, o r authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule. (2) Nothing in Cl: (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India. 304. Restrictions on trade, commerce and intercourse among States :- Notwithstanding anything in Art.301 or Art.303 , the Legislature of a State may by law,- (a) impose on goods imported from other States 275 [or the Union territories] any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and (b) impose such reasonable restrictions on the freedom of trade, commerce of intercourse with or within that State as may be required in the public interest : Provided that no bill or amendment for the purposes of Cl. (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President. Ins. by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. 305. Saving of existing laws and laws providing for State monop- olies :- [Nothing in Art.301 and Art.303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in Art.301 shall affect the operation o f any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to. or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of Cl. (6) of Art.19 ]. 306. Power of certain States in Part-B of the First Schedule to im- pose restrictions on trade and commerce :- [] Rep. by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. 307. Appointment of authority for carrying out the purposes of Arts. 301 to 304 :- Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of Art.301 , Art.302 , Art.303 and Section 304 , and confer on the authority so appointed such powers and such duties as it thinks necessary. PART 14 SERVICES UNDER THE UNION AND THE STATES 308. Interpretation :- In this Part, unless the context otherwise requires, the expression "State" 277 [does not include the State of Jammu and Kashmir.] The words "or the Rajpramukh" omitted by the Constitution (Seventh Amendment) Act. 1956, Sec. 29 and Schedule. 309. Recruitment and conditions of service of persons serving the Union or a State :- Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State : Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor 278 [** *] of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provisions in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act. Subs. by the Constitution (Fifteenth Amendment) Act. 1963, Sec. 10, for the Cls. (2) and (3). 310. Tenure of office of persons serving the Union or a State :- (1) Except as expressly provided by the Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor 2[* * *] of the State. (2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case 280[* **] of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor 281 [***] as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post. The words "or, as the case may be, the Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. The words "or the Rajpramukh" omitted by the Constitution (Seventh Amendment) Act. 1956, Sec. 29 and Schedule. 311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State :- (1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. 282[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry In which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges 283[***]. 284 [Provided that where it is proposed after such inquiry, to impose upon him any such penalty such penalty, may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply-] (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or (c) where the President or the Governor, as the case may be. is satisfied that in the interest of the security of the State It is not expedient to hold such inquiry. (3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in Cl. (2). the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.] Subs. by the Constitution (Fifteenth Amendment) Act. 1963, Sec. 10, for the Cls. (2) and (3). Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976. Sec. 44 (w.e.f. 3rd January, 1977). Subs. by Sec. 44. the Constitution (Forty-second Amendment) Act, 1976., for certain words (w.e.f. 3rd January. 1977). 312. All-India services :- Notwithstanding anything in [Chapter VI of Part VI or Part XI], if the Council of States has declared by resolution supported by not less then two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do. Parliament may by law provide for the creation of one or more all-India services 285[including an all-India judicial service] common to the Union and the State, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service. (2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article. 286 [(3) The all-India judicial service referred to in Cl. (1) shall not Include any post inferior to that of a district judge as defined In Art.236 . (4) The law providing for the creation of the all-India judicial service aforesaid, may contain such provisions for the amendment of Chapter VI, of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purpose of Art.368 .] Ins. by Sec. 45, the Constitution (Forty-second Amendment) Act, 1976. (w.e.f. 3rd January, 1977). Ins. by the Constitution (Forty-second Amendment) Act. 1976, Sec. 45 (w.e.f. 3rd January, 1977). 312A. Power Of Parliament To Vary Or Revoke Conditions Of Service Of Officers Of Certain Services :- (1) Parliament may by law- (a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respects remuneration,leave and pension and the rights as respects disciplinary matters of persons who,having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commence- ment of this Constitution, continue on and after the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the Government of India or of a State in any service or post: (b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, retired or otherwise ceased to be in service at any time before the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972: (2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any Legislature or other authority under any other provisions of this Constitution to regulate the conditions of service of persons referred to in Cl. (1). (3) Neither the Supreme Court nor any other court shall have jurisdic- tion in- (a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into or executed by any person referred to in Cl. (1), or arising out of any letter issued to such person, in relation to his appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof; (b) any dispute in respect of any right, liability or obligation under Art.314 as originally enacted. (4) The provisions of this article shall have effect notwithstanding anything in Art.314 as originally enacted or in any other provision of this Constitution]. 313. Transitional provisions :- Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an All India service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution. 314. Provision for protection of existing officers of certain services :- . [.] Rep. by the Constitution (Twenty-eighth Amendment) Act, 1972, Sec. 3, w.e.f. 29th August, 1972. Chapter 2 Public Service Commissions 315. Public Service Commissions for the Union and for the States :- (1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission tor each State. (2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in tins Chapter as Joint Commission) to serve the needs of those States. (3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law. (4) The Public Service Commission for the Union, if requested so to do by the Governor 288 [***] of a State, may, with the approval of the President, agree to serve all or any of the needs of the State. (5) References in this Constitution to the Union Public Service Com- mission or a State Public Service Commission shall unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or as the case may be, the State as respects the particular matter in question. The words "or Rajprajukh" omitted by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 316. Appointment and term of office of members :- (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission by the President, and in the case of a State Commission by the Governor [* * *]1of the State : Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period often years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included. 290[( 1 -A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman by reason of absence or for any other reason unable to perform the duties of his office, those duties shall until some persons appointed under Cl. (1) to the vacant office has entered on the duties, thereof or, as the case may be until the Chairman has resumed his duties be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.] (2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission the age of sixty-five years and in the case of a State Commission or a Joint Commission, the age of 291[sixty-two years.] whichever is earlier : Provided that- (a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor 292 [* * *] of the State resign his office; (b) a member of a Public Service Commission may be removed from his office in the manner provided in Cl. (1) or Cl. (3) or Art.317 . (3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office. Ins. by the Constitution (Fifteenth Amendment) Act. 1963, Sec. 11. Subs. by the Constitution (Forty-First Amendment) Act. 1976. Sec. 2 for "sixty years". The words "or Rajprajukh" omitted by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 317. Removal and suspension of a member of a Public Service Com- mission :- (1) Subject to the provisions of Cl. (3), the Chairman or any other member of a Public Service Commission shall only be removed from Art.145 , reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed. (2) The President, in the case of the Union Commission or a Joint Commission, and the Governor 293 [***] in the case of a State Commission. may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under Cl. (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything in Cl. (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,- (a) is adjudged an insolvent: or (b) engages during his term of office in any paid employment outside the duties of his office: or (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body. (4) If the Chairman or any other member of a Public Service Commis- sion is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of Cl. (1), be deemed to be guilty of misbehaviour. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. 318. Power to make regulations as to conditions of service of mem- bers and staff of the Commission :- In the case of the Union Commission or a Joint Commission, the President and. in the case of a State Commission, the Governor 294 [***] of the State may by regulations,- (a) determine the number of members of the Commission and their conditions of service: and (b) make provision with respect to the number of members of the staff of the Commission and their conditions of service : Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. 319. Prohibition as to the holding of offices by members of Com- mission on ceasing to be such members :- On ceasing to hold office- (a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State ; (b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; (c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; (d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State. 320. Functions of Public Service Commission :- (1) It shall be the duty of the Union and the State Public Service Commission to conduct examinations for appointment to the services of the Union and the services of the State respectively, (2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required. (3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted- (a) on all matters relating to methods of recruitment to civil services and for civil posts; (b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers ; (c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity. including memorials or petitions relating to such matters; (d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State; (e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, In a civil capacity, and any question as to the amount of any such award. and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor 295[***] of the State may refer to them : Provided that the President as respects the all-India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor 296[***], as respects other services and posts in (4) Nothing in Cl. (3), shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in Cl. (4) of Art.16 may be made or as respects the manner in which effect may be given to the provisions of Art.335 . (5) All regulations made under the proviso to Cl. (3) by the President or the Governor 297 [***] of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the legislature of the State, as the case may be, as soon as possible after they are made. and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses of the Legislature of the State may make during the session in which they are so laid. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. The words "or Rajpramukh. as the case may be" omitted by the Constitution (Seventh Amendment) Act, 1956. The words "or Rajprajukh" omitted by the Constitution (Seventh Amendment) Act. 1956,Sec. 29 and Schedule. 321. Power to extend functions of Public Service Commissions :- An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution. 322. Expenses of Public Service Commissions :- The expenses of the Union or a State Public Service Commission, including any salaries. allowances, and pensions payable to or in respect of the members of staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be. the Consolidated Fund of the State. 323. Reports of Public Service Commissions :- (1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the case, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament. (2) It shall be the duty of a State Commission to present annually to the Governor 2[***] of the State a report as to the work done by the 299[* * *] of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relations to that State, and in either case the Governor 300 [* * *], shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State. T he words "or Rajprajukh" omitted by the Constitution (Seventh Amendment) Act. 1956,Sec. 29 and Schedule. The words "or Rajpramukh, or as the case may be" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. 14A TRIBUNALS 323A. Administrative Tribunals :- (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government. (2) A law made under Cl. (1) may,- (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States: (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Art.136 . with respect to the dispute or complaints referred to in Cl. (1); (e) provide for the transfer to each such administrative tribunal of any cases pending before any court or authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which suits or proceedings are based had arisen after such establishment; (f) repeal or amend any order made by the President under Cl. (3) of Art.371D ; (g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. 323B. Tribunals For Other Matters :- (1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in Cl. (2) with respect to which such Legislature has power to make laws. (2) The matters referred to in Cl. (1) are the following, namely : (a.) levy, assessment, collection and enforcement of any tax ; (b) foreign exchange, import and export across customs frontiers: (c) industrial and labour disputes; (d) land reforms by way of acquisition by the State of any estate as defined in Art.31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way: (e) ceiling on urban property: (f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in Art.329 and Section 329A : (g) production, procurement, supply and distribution of foodstuffs (including edible oil-seeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods; 2[(h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;] 3[(i)] offences against laws with respect to any of the matters specified in sub-clauses (a) to 303[(h)] and fees in respect of any of those matters; 304[(j)] any matter incidental to any of the matters specified in sub-clauses (a) to 305 [(i).] (3) A law made under Cl.(1) may- (a) provide for the establishment of a hierarchy of tribunals; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals: (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Art.136 , with respect to all or any of the matters falling within the jurisdiction of the said tribunals; (e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; (f) contain such supplemental, incidental and consequential pro- visions (including provisions as to fees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. The words "including the appointment of the election tribunals for the decision of doubts and disputes arising out of or in connection with election to Parliament and to the Legislatures of States" omitted by the Constitution (Nineteenth Amendment) Act, 1966. Sec. 2. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. Subs. by the Constitution (Thirty-ninth Amendment) Act. 1975, Sec. 3, for certain words. PART 15 ELECTIONS 324. Superintendence, direction and control of elections to be vested in an Election Commission :- (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution 306[* * *] shall be vested in a Commission (referred to in this Constitution as the Election Commission). (2) The Election Commission shall consist of the Chief Election Com- missioner and such number of other Election Commissioners, if any. as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners, shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. (3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commis- sion. (4) Before such general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consulta- tion with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by Cl. (1). (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine: Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme C ou rt and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment: Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommen- dation of the Chief Election Commissioner. (6) The President, or the Governor 307 [* * *] of a State, shall when so requested by the Election Commissioner, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by Cl. (1). The words "including the appointment of the election tribunals for the decision of doubts and disputes arising out of or in connection with election to Parliament and to the Legislatures of States" omitted by the Constitution (Nineteenth Amendment) Act, 1966. Sec. 2. Subs. by the Constitution (Sixty-first Amendment) Act, 1988. Sec. 2, for the words "twenty- one years". 325. No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on grounds of religion, race, caste or sex :- There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them. 326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage :- T he election to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage: that is to say, every person who is a citizen of India and who is not less than 308 [eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election. Subs. by the Constitution (Sixty-first Amendment) Act, 1988. Sec. 2, for the words "twenty- one years". 327. Power of Parliament to make provision with respect to elec- tions to Legislatures :- Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses. 328. Power of Legislature of a State to make provision with respect to elections to such Legislature :- Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses. 329. Bar to interference by courts in electoral matters :- 309[Notwith- standing anything in this Constitution 310 [* * *],- (a) the validity of any law relating to the delimitation of constitu- encies or the allotment of seats to such constituencies, made or purporting to be made under Art.327 or Art.328 , shall not be called in question in any court: (b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election-petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. Subs. by the Constitution (Thirty-ninth Amendment) Act. 1975, Sec. 3, for certain words. The words, figures and letter "but subject to the provisions of Art. 329-A" omitted by the Constitution (Forty- fourth Amendment) Act, 1978. Sec. 35 (w.e.f. 20th June, 1979). 329A. Special Provision As To Elections To Parliament In The Case Of Prime Minister And Speaker :- Rep. by the Constitution (Forty-fourth Amendment) Act, 1978. Sec. 36 (w.e.f. 20th June, 1979). PART 16 SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES 330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People :- (1) Seats shall be reserved in the House of the People for- (a) the Scheduled Castes: 2[(b) the Scheduled Tribes except, the Scheduled Tribes in the autonomous districts of Assam: and] (c) the Scheduled Tribes in the autonomous districts of Assam. (2) The number of seats reserved in any State 2[or Union territory] for the Scheduled Castes or the Scheduled Tribes under Cl. (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State 2[or Union territory] in the House of the People as the population of the Scheduled Castes in the State [or Union territory], or of the Scheduled Tribes in the State [or Union territory] or part of the State 4[or Union territory], as the case may be, in respect of which seats are so reserved, bears to the total population of the State 316[or Union territory]. 317[(3) Notwithstanding anything contained in Cl.(2), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State.] Explanation. In this article and in Art. 332, the expression "population means the population as ascertained at the last preceding census of which the relevant figures have been published : Provided that the reference in this explanation to the last preceding census of which the relevant figures have been published shall, until the relavant figures of the first census taken after the year 2026318have been published, be construed as a reference to the 1991319 census.] Subs.by the Constitution (Fifty-first Amendment) Act, 1984. Sec. 2 (w.e.f. 16th June, 1986). Ins. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. Ins. by the Constitution (Thirty-first Amendment) Act. 1973. Sec. 3. The Figure Substituted by "The Constitution (Eighty-fourth Amendment) Act, 2001" S.6, W.e.f.21/2/2002., Published in The Gazette of India, Extra., PartII, Section 1 331. Representation ofthe Anglo-Indian community in the House of the People :- Notwithstanding anything in Art.81 , the President may, if he is of opinion that the Anglo-indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People. 332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States :- (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, 4[except the Scheduled Tribes in the autonomous districts of Assam], in the Legislative 5[***]. (2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam. (3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under Cl. (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State. 322[(3-A) Notwithstanding anything contained in Cl. (3) until the taking effect, under Art.170 , of the readjustment on the basis of the first census after the year 2026323. of the number of seats in the Legislative Assembly of the States of Arunachal Pradesh, Meghalaya. Mizoram and Nagaland, the seats which shall be resented for the Scheduled Tribes in the Legislative Assembly of any such State shall be- (a) if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fifty- seventh Amendment) Act, 1987 (hereinafter in this clause referred to as the existing Assembly) are held by members of the Scheduled Tribes, all the seats except one: (b) in any other case such. number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled Tribes in existing Assem- bly bears to the total number of seats in the existing Assembly.] 324(3-B) Notwithstanding anything contained in Cl. (3). until the read- justment under Art.170 . takes effect on the basis of the first census after the year 2026325. of the number of seats in the Legislative Assembly of the State of Tripura. the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number of seats a proportion not less than the number, as on the date of coming into force of the Constitution (Seventy-second Amendment) Act. 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.] (4) The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State. (5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district 326[***]. (6) No person who is not a member of a Scheduled Tribes of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district 327[***]. 328 Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained. Subs. by the Constitution (Fifty-first Amendment) Act. 1984, Sec. 3 for the words "except the Scheduled Tribes in the tribal areas of Assam, in Nagaland and in Meghalaya" (w.e.f. 16th June, 1986). The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. Ins by the Constitution (Forty-seventh Amendment) Act, 1987 (w.e.f. 21st September, 1987) The Figure Substituted by "The Constitution (Eighty-fourth Amendment) Act, 2001" S.7, W.e.f.21/2/2002., Published in The Gazette of India, Extra., PartII, Section 1 Certain words omitted by the North Eastern Areas (Reorganisation) Art, 1971 (81 of 1971). Sec. 71 (w.e.f. 21st January, 1972). Ins. by the Constitution (Seventy-second Amendment) Act, 1992. Sec. 2 (w.e.f. 5th December. 1992). INSERTED BY THE CONSTITUTION (NINETIETH AMENDMENT) ACT, 2003, [28th September, 2003] 333. Representation of the Anglo-Indian community in the Legis- lative Assemblies of the States.-Notwithstanding anything in Art :- 170, the Governor 329[***] of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, 330 [nominate one member of the community to the Assembly]. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. Subs. by the Constitution (Twenty-third Amendment) Act, 1969, Sec. 4, for "nominate such number of members of the community to the Assembly as he considers appropriate". 334. Reservation of seats and special representation to cease after [Sixty years :- ].-Notwithstanding anything in the foregoing provisions of this Part. the provisions of this Constitution relating to- (a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States: and (b) the representation of the Anglo-indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of 331 [Sixty years] from the commencement of this Constitution; Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be. Substituted for "Fifty years" vide the Constitution (Seventy-ninth Amendment) Act, 1999 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts :- The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. 332 "Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State." Inserted by the Constitution (Eighty-second Amendment) Act,2000 336. Special provision for Anglo-Indian community in certain ser- vices :- (1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947. During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent., than the numbers so reserved during the immediately preceding period of two years : Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease. (2) Nothing in Cl. (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities. 337. Special provisions with respect to educational grants for the benefit of Anglo-Indian community :- During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State 333 [***] for the benefit of the Anglo- indian community in respect of education as were made in the financial year ending on thirty-first day of March, 1948. During every succeeding period of three years the grants may be less by ten per cent., than those for the immediately, preceding period of three years: Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special conces- sion to the Anglo-Indian community, shall cease : Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent. of the annual admissions therein are made available to members of communities other than the Anglo- Indian community. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. 338. National Commission for Scheduled Castes. :- 1"(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes. 2(2) subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice- Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine." (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4 ) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission- (a) to investigate and monitor all matters relating to the safe- guards provided for the Scheduled Castes 2[****] under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards: (b) to inquire into specific complaints with respect to the depriva- tion of rights and safeguards of the Scheduled Castes and Scheduled Tribes; (c) to participate and advise on the planning process of socio-eco- nomic development of the Scheduled Castes and Scheduled Tribes and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the pro- tection, welfare and socio-economic development of the Scheduled Castes and Scheduled Tribes; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes and Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government Is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommen- dations. (8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of Cl. (5), have all the powers of a Civil Court trying a suit and in particular in respect of the following matters, namely : (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office: (e) issuing commissions for the examination of witnesses and documents: (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes 338[*****] 339[(10)] In this article, references to the Scheduled Castes 340 [*****] shall be construed as including references to such other backward classes as the President may. on receipt of the report of a Commission appointed under Cl. (1) of Art.340 , by order specify- and also to the Anglo-Indian community. Substituted by Constitution (Eighty-ninth Amendment) Act, 2003, W.E.F. [28th September, 2003] Clause (3) renumbered as Cl. (10) by the Constitution (Sixty-fifth Amendment) Act, 1990. Sec. 2 (c)(w.e.f. 12th March. 1992. vide S.O. 204 (E). dated 12th March, 1992). OMITTED BY THE CONSTITUTION (EIGHTY-NINTH AMENDMENT) ACT, 2003, W.E.F.[28th September, 2003] 338A. National Commission For Scheduled Tribes :- 341 (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice- Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine. (3) The Chairperson,Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes; (c) to participate and advise on the planning process of socio- economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other tunes as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.". INSERTED BY THE CONSTITUTION (EIGHTY-NINTH AMENDMENT) ACT, 2003, W.E.F.[28th September, 2003] 339. Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes :- (1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States 342[***]. The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable. (2) The executive power of the Union shall extend to the giving of directions to 343 [a State] as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule (w.e.f 1st November. 1956). Subs. by the Constitution (Seventh Amendment) Act. 1956., for "any such State." 340. Appointment of a Commission to investigate the conditions of backward classes :- (1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made. and the order appointing such Commission shall define the procedure to be followed by the Commission. ( 2 ) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper. (3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament. 341. Scheduled Castes :- (1) The President 2[may with respect to any State 345[or Union territory], and where it is a State 346[***], after consultation with the Governor 347[***] thereof,] by public notification348, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State 349 [or Union territory], as the case may be. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under Cl. (1) any caste. race or tribe or part of or group within any caste, race or tribe.but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. Subs. by the Constitution (First Amendment) Act. 1951 .Sec. 10. for "may after consultation with the Governor or Rajpramukh of a State". The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act. 1956. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act. 1956. See the Constitution (Scheduled Castes) Order, 1950 (C.O.19). the Constitution (Scheduled Castes) (Union Territories) Order. 1951 (C.O.32). the Constitution (Jammu and Kashmir) Scheduled Castes Order. 1956. (C.O. 52). the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 (C.O. 64), the Constitution (Pondicherry) Scheduled Castes Order. 1964 (C.O. 68). the Constitution (Goa. Daman and Diu) Scheduled Castes Order. 1968 (C.O. 81) and the Constitution (Sikkim) Scheduled Castes Order, 1978 (C.O. 1 10). Ins. by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. 342. Scheduled Tribes :- (1) The President 350[may with respect to any State 351[or Union territory], and where it is a State 352[** *], after consultation with the Governor 353[***] thereof.] by public notification,354specie the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State 355 [or Union territory], as the case may be. (2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under Cl. (1) any tribe or tribal community or part of or group within any tribe or tribal community. but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. Subs. by the Constitution (First Amendment) Act. 1951 .Sec. 10. for "may after consultation with the Governor or Rajpramukh of a State". Ins. by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act. 1956. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act. 1956. See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22). the Constitution (Scheduled Tribes) (Union Territories) Orders. 1951 (C.O. 33).the Constitution (Andman and Nicobar Islands) Scheduled Tribes Order. 1959 (C.O. 58), the Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order. 1962 (C.O. 65), the Constitution (Scheduled Tribes (Uttar Pradesh) Order, 1967 (C.O. 78). the Constitution (Goa. Daman and Diu) Scheduled Tribes Order. 1968 (C.O. 82). the Constitution (Nagaland) Scheduled Tribes Order. 1970 (C.O. 88) and the Constitution (Sikkim) Scheduled Tribes Order. 1978 (C.O.111). Ins. by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. PART 17 OFFICIAL LANGUAGE 343. Official language of the Union :- (1) The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the International form of Indian numerals. (2) Notwithstanding anything in Cl. (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement : Provided that the President may, during the said period, by order 356 authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the International form of Indian numerals for any of the official purposes of the Union. (3) Notwithstanding anything in this article, Parliament may by law provide for the use. after the said period of fifteen years, of- (a) the English language, or (b) the Devanagari form of numerals, for such purposes as may be specified in the law. See C.O.41. 344. Commission and Committee of Parliament on official lan- guage :- (1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration often years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission. (2) It shall be the duty of the Commission to make recommendations to the President as to- (a) the progressive use of the Hindi language for the official purposes ofthe Union: (b) restrictions on the use of the English language for all or any ofthe official purposes ofthe Union: (c) the language to be used for all or any ofthe purposes mentioned in Art.348 : (d) the form of numerals to be used for any one or more specified purposes ofthe Union: (e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use. (3) In making their recommendations under Cl. (2), the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard the public services. _ (4) There shall be constituted a Committee consisting of thirty mem- bers, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote. (5) It shall be the duty of the committee to examine the recommenda- tions of the Commission constituted under Cl. (1) and to report to the President their opinion thereon. (6) Notwithstanding anything in Art.343 , the President may, after consideration of the report referred to in Cl. (5), issue directions in accor- dance with whole or any part of that report. Chapter 2 Regional Languages 345. Official language or languages of a State :- Subject to the provisions of Art.346 and Art.347 , the legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State: Provided that, until the Legislature of the State otherwise provides by law. the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution. 346. Official language for communication between one State and another or between a State and the Union. :- -The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union : Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication. 347. Special provision relating to language spoken by a section of the population of a State :- On a demand being made in that behalf the President may. if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify. Chapter 3 Language of the Supreme Court, High Courts, etc 348. Language to he used in the Supreme Court and in the High Courts and for Acts, Bills, etc :- (1) Notwithstanding anything in the foregoing provisions of this Part. until Parliament by law otherwise provides- (a) all proceedings in the Supreme Court and in every High Court, (b) the authoritative texts- (i) of all Bills to be introduced or amendments thereto be moved in either House of Parliament or in the House or either House of Legislature of a State, (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor 1[* * *] of a State, and (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language. (2) Notwithstanding anything in sub-clause (a) of Cl. (1), the Governor. 1[[* * *] of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State : Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court. (3) Notwithstanding anything in sub-clause (b) of Cl. (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in. or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor 1[* * *] of the State or in any order, rule, regulation or bye-law referred to in para. (iii) of that sub-clause, a translation of the same in the English language pub- lished under the authority of the Governor 360 [* * *] of the State in the official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. 349. Special procedure for enactment of certain laws relating to language :- During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in Cl. (1) of Art.348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under Cl. (1) of Art.344 and the report of the Committee constituted under Cl. (4) of that article. Chapter 4 Special Directives 350. Language to be used in representations for redress of griev- ances :- Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be. 350A. Facilities For Instruction In Mother-Tongue At Primary Stage :- [It shall be the endeavour of every State and every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups: and the President may issue such directions to any State as he considers necessary or proper for securing the provision. of such facilities. 350B. Special Officer For Linguistic Minorities :- (1) There shall be a Special Officer for Linguistic Minorities to be appointed by the President. (2) It shall be the duty of the Special Officer to Investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matter at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Government of the State concerned. 351. Directive for development of Hindi language :- It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genus, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing whenever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages. PART 18 EMERGENCY PROVISIONS 352. Proclamation of Emergency :- (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or 6[armed rebellion], he may, by Proclamation, make a declaration to that effect 363[in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.] 364[(2) A Proclamation issued under Cl. (1) may be varied or revoked by a subsequent Proclamation. (3) The President shall not issue a Proclamation under Cl. (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under Art.75 ) that such a Proclamation may be issued has been communicated to him in writing. (4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolution of both Houses of Parliament : Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under Cl. (4) : Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period (6) For the purposes of Cls. (4) and (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two- thirds of the members of that House present and voting. (7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a proclamation issued under Cl. ( 1) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation. (8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under Cl. (1) or a Proclamation varying such Proclamation,- (a) to the Speaker, if the House is in session: or (b) to the President, if the House is not in session. a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.] 365[366[(9)1 The power conferred on the president by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or 367[armed rebellion] or imminent danger of war or external aggression or 368[armed rebellion], whether or not there is a Proclamation already issued by the President under Cl. (1) and such Proclamation is in operation. 369[ * * * *] Article 352 of the Constitution does not prescribe that a Proclamation of Emergency should be published in the Official Gazette. In so far as the Acts and resolutions passed by the House of Parliament and the State Legislature are concerned that very process of passing the law or the resolutions in the Houses of Parliament or the State Legislature gives them ample publicity. The reports of the proceedings of Parliament and the State Legislatures are widely circulated. The newspapers, radio and television are also the other modern means which give publicity to all Acts and resolutions of Parliament and the Legislature of the States. The publication of the Parliament debates though after some short delay is adequate publication of the resolutions of Parliament as there is no rule which requires that the resolutions should be published in the Official Gazette. Hence mere non-publication of the resolutions approving the Proclamation of emergency in the Official Gazette did not make them ineffective.370 Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 37. for "internal disturbance" (w.e.f. 20th June. 1979). Ins. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 48 (w.e.f. 3rd January. 1977). Subs. by the Constitution (Forty-fourth Amendment) Act. 1978., for Cls. (2). (2-A) and (3) (w.e.f. 20th June, 1979). I ns. by the Constitution Thirty-eighth (Amendment) Act, 1975, Sec. 5 (retrospectively). Clause (4) re-numbered as Cl. (9) by the Constitution (Forty-fourth Amendment) Act, 1978, Sec. 37 (w.e.f. 20th June. 1979). Subs. by the Constitution (Forty-fourth Amendment) Act. 1978., for "internal disturbance" (w.e.f. 20th June, 1979). Clause (5) omitted by Sec. 37, the Constitution (Forty-fourth Amendment) Act. 1978., (w.e.f. 20th June, 1979). Baburao alias P.B. Samant v. Union of India. A.I.R. 1988 S.C. 440 at pp. 446. 452. 353. Effect of Proclamation of Emergency :- While a Proclamation of Emergency is in operation, then- (a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised; (b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and im- posing duties, or authorising the conferring of powers and the espect that matter, notwithstanding that it is one which is not enumerated in the Union List. 371 [Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,- (i) the executive power of the Union to give directions under Cl. (a), and (ii) the power of Parliament to make laws under Cl. (b). shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.] Ins. by the Constitution (Forty-second Amendment), 1976. Sec. 49 (w.e.f. 3rd January. 1977). 354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation :- .-(1) The President may. while a Proclamation of Emergency is in operation, by order direct that all or any of the provisions of Art.268 to Art.279 shall for such period. not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit. (2) Every order made under Cl. (1) shall, as soon as may be after it Is made, be laid before each House of Parliament. 355. Duty of the Union to protect States against external aggression and internal disturbance :- It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution. 356. Provisions in case of failure of constitutional machinery in States :- (1) If the President, on receipt of a report from the Governor 372[* * *] of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State, cannot be carried on In accordance with the provisions of this Constitution, the President may by Proclamation- (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested In or exercisable by the Governor 373[* * *] or any body or authority in the State other than the Legislature of the State: (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament: (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State : Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or In part of the operation of any provisions of this Constitution relating to High Courts. (2) Any such Proclamation may be revoked or varied by a subsequent Proclamation. (3) Every Proclamation under, this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by the resolutions of both Houses of Parliament : Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (4) A Proclamation so approved shall, unless revoked, cease to operate 374[six months from the date of issue of the Proclamation]: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of [six months] from the date on which under this clause It would otherwise have ceased t o operate, but no such Proclamation shall in any case remain in force for more than three years : Provided further that if the dissolution of the House of the People takes place during any such period of 375[six months] and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People : 376[Provided also that in the case of the Proclamation issued under Cl. (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to "three years" shall be construed as a reference to 377[five years] ; 378[(5) Nothwithstanding anything contained in Cl. (4), a resolution with respect to the continuance in force of a Proclamation approved under Cl. (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless- (a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and (b) the Election Commission certifies that the continuance in force of the Proclamation approved under Cl. (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned: 379 [Provided that nothing in this clause shall apply to the Proclamation issued under Cl. (1) on the 11th day of May, 1987 with respect to the State of Punjab.] The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29 and Schedule. The words "or Rajpramukh. or as the case may be" omitted by the Constitution (Seventh Amendment) Act. 1956. Subs. by the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 38, for "one year from the date of the passing of the second of the resolutions approving the proclamation under Cl. (3)" (w.e.f. 20th June, 1979). The words "one year" were subs. for the original words "six months" by the Constitution (Forty-second Amendment) Act, 1976, Sec. 50 (w.e.f. 3rd January, 1977. Subs. by the Constitution (Forty-second Amendment) Act, 1976.. for "one year". Ins. by the Constitution (Sixty-fourth Amendment) Act. 1990. Sec. 2 (a) (w.e.f. 16th April, 1990). Subs. by the Constitution (Sixty-eighth Amendment) Act, 1991. for the words "four years" as subs. earlier by the Constitution (Sixty- seventh Amendment) Act, 1990, for the words "three years and six months". Subs. by the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 38. for Cl. (5), (w.e.f. 20th June. 1979). Clause (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975 Sec. 6, (retrospectively). Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, Sec. 2 (b) (w.e.f. 16th April, 1990). 357. Exercise of legislative powers under Proclamation issued under Art. 356 :- (1) Where by a Proclamation issued under Cl. (1) of Art.356 , it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent- (a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf; (b) for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof: (c) for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament. 380 [(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause (a) of Cl. (1) which Parliament or the President or such other authority would not. but for the issue of a Proclamation under Art.356 , have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.] Subs. by the Constitution (Forty-second Amendment) Act. 1976, Sec. 51, for Cl. (2) (w.e.f. 3rd January, 1977). 358. Suspension of provisions of Art. 19 during the emergencies :- 381[(1)15 [While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation], nothing in Art.19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained 382[Provided that 383[where such Proclamation of Emergency] is in operation only in any part of the territory of India, any such law may be made,or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.] 384 [(2) Nothing in Cl. (1) shall apply- (a) to any law which does not contain a recital to the effect that su ch law is in relation to the Proclamation of Emergency in operation when it is made : or (b) to any executive action taken otherwise than under a law containing such a recital.] Article 358 re-numbered as Cl. (1) thereof by the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 39 (w.e.f. 20th June, 1979). Ins. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 52 (w.e.f. 3rd January, 1977). Subs. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 39, for "where a Proclamation of Emergency" (w.e.f. 20th June, 1979). Ins. by Sec. 39, the Constitution (Forty-second Amendment) Act, 1976., (w.e.f. 20th June, 1979). 359. Suspension of the enforcement of the rights conferred by Part III during emergencies :- (1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any Court for the enforcement of such of the [rights conferred by Part III (Except Art.20 and Art.21 )] as may be mentioned in the order and all proceedings pending in any Court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order. 385[( 1 -A) While an order made under Cl. (1) mentioning any of the 386[rights conferred by Part III (except Art.20 and Art.21 )] is in operation, nothing in that part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions contained in that part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the order aforesaid ceases to operate, except as respect things done or omitted to be done before the law so ceases to have effect]: 387[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.] 388[(1-B) Nothing in Cl. (1-A) shall apply- (a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made : or (b) to any executive action taken otherwise than under a law containing such a recital.] (2) An order made as aforesaid may extend to the whole or any part of the territory of India ; 389 [Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation, considers such extension to be necessary.] (3) Every order made under Cl. (1) shall, as soon as may be after it is made, be laid before each House of Parliament. I ns. by the Constitution (Thirty-eighth Amendment) Act, 1975, Sec. 7 (retrospectively). Subs. by Sec. 40, the Constitution (Forty-second Amendment) Act, 1976., for "the rights conferred by Part III" (w.e.f. 20th June, 1979). Ins. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 53 (w.e.f. 3rd January, 1977). Ins. by the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 40 (w.e.f. 20th June. 1979). Ins. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 53 (w.e.f. 3rd January, 1977). 359A. Application Of This Part To The State Of Punjab :- [Rep. by the Constitution (Sixty-third Amendment) Act, 19S9, section 3 (w.e.f. 6-1-1990).]] 1. Inserted by the Constitution (Fifty-ninth Amendment)Act,1988,s.3.it shall cease to operate on the expiry of a period of two years form the commencement of this Act i.e., thirteenth day of march,1988. 360. Provisions as to financial emergency :- (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect. 391[(2) A Proclamation issued under Cl. (1)- (a) may be revoked or varied by a subsequent Proclamation : (b) shall be laid before each House of Parliament; (c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament : Provided that if any such Proclamation is Issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub-clause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after Its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.] (3) During the period any Proclamation as is mentioned in Cl. (1) is in operation, the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified In the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose. (4) Notwithstanding anything in this Constitution- (a) any such direction may include- (i) a provision requiring the reduction of salaries and allow- ances of all or any class of persons serving in connection with the affairs of a State ; (ii) a provision requiring all Money Bills or other Bills to which the provisions of Art.207 apply to be reserved for the consider- ation of the President after they are passed by the Legislature of the States: (b) It shall be competent for the President during the period any Proclamation issued under this article is in operation to issue direc- tions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union Including the Judges of the Supreme Court and the High Courts. 392 [(5) * * * * ] Subs. by the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 41, for Cl. (2) (w.e.f. 20th June, 1979). Clause (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, Sec. 8 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 41 (w.e.f. 20th June. 1979). PART 19 MISCELLANEOUS 361. Protection of President and Governors and Rajpra- mukhs :- (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties; Provided that the conduct of the President may be brought under review by any Court, Tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under Art.61 : Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State. ( 2 ) No criminal proceedings whatsoever shall be instituted or contin- ued against the President, or the Governor 1[* * *] of a State, in any Court during his term of office. (3) No process for the arrest or imprisonment of the President, or the Governor 1[* * *] of a State, shall issue from any Court during his term of office. (4) No civil proceedings in which relief is claimed against the President, or the Governor 1[* * *] of a State, shall be instituted during his term of office in any Court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor 396[* * *] of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor 397 [* * *], as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, descrip- tion and place of residence of the party to whom such proceedings are to be instituted and the relief which he claims. Ins. by the Constitution (Twenty-sixth Amendment) Act. 1971, Sec. 3. The words "or the Rajpramukh" omitted by Sec. 29 and Schedule, the Constitution (Seventh Amendment) Act, 1956. 361A. Protection Of Publication Of Proceedings Of Parliament And State Legislatures :- (1) No person shall be liable to any proceedings, civil or criminal, in any Court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with the malice ; Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State. (2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper. 361B. Disqualification For Appointment On Remunerative Political Post :- 399 .-A member of a House belonging to any political party who is disqualified for being a member of the House under Paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier. Explanation.-For the purposes of this article,- (a) the expression "House" has the meaning assigned to it in clause (a) of Paragraph 1 of the Tenth Schedule; (b) the expression "remunerative political post" means any office- (i) under the Government of India or the Government of a State where the salary or remuneration for such office is paid out of the public revenue of the Government of India or the Government of the State, as the case may be; or (ii) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature. INSERTED BY Constitution (Ninety-first Amendment) Act, 2003, [January 1, 2004], Published in the Gazette of India, Extra., Part II, Section 1, dated 2nd January, 2004, pp. 1-3, No. 1 362. Rights and privileges of Rulers of Indian States :- . [.] Rep. by the Constitution (Twenty-sixth Amendment) Act, 1971, Sec. 2. 363. Bar to interference by Courts in disputes arising out of certain treaties, agreements, etc :- (1) Notwithstanding anything in this Constitution but subject to the provisions of Art.143 , neither the Supreme Court nor any other Court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad, or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government of the Dominion of India or any of its predecessor Governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument. (2) In this article- (a) "Indian State" means any territory recognised before the commencement of this Constitution by His Majesty or the Government of the Dominion of India as being such a State: and (b) "Ruler" includes the Prince, Chief or other person recognised before such commencement by His Majesty or the Government of the Dominion of India as the Ruler of any Indian State. 363A. Recognition Granted To Rulers Of Indian States To Cease And Privy Purses To Be Abolished :- Notwithstanding anything in this Constitution or in any law for the time being in force- (a) the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler shall, on and from such commencement, cease to be recognised as such Ruler or the successor of such Ruler; (b) on and from the commencement of the Constitution (Twenty- sixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in Cl. (a) or any other person shall not be paid any sum as privy purse. 364. Special provisions as to major ports and aerodromes :- (1 ) Notwithstanding anything in this Constitution, the President may by public notification direct that as from such date as may be specified in the notification- (a) any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or (b) any existing law shall cease to have effect in any major port or aerodrome except as respect things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification. (2) In this article- (a) "major port" means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port; (b) "aerodrome" means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation. 365. Effect of failure to comply with, or to give effect to, directions given by the Union :- Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution. 366. Definitions :- In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say,- (1) "agricultural income" means agricultural income as defined for the purposes of the enactments relating to Indian income-tax: (2) "an Anglo-Indian" means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled with the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only: (3) " article" means an article of this Constitution: (4) "borrow" includes the raising of money by the grant of annu- ities, and "loan" shall be construed accordingly: 401[* * *] (5) "clause" means a clause of the article in which the expression occurs: (6) "corporation tax" means any tax on income, so far as that tax is payable by the companies and is a tax in the case of which the following conditions are fulfilled,- (a) that it is not chargeable in respect of agricultural income: (b) that no deduction in respect of the tax paid by the companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals: (c) that no provision exists for taking the tax so paid Into account in computing for the purposes of Indian income-tax the total income of individuals receiving such dividends, or in com- (7) "corresponding Province", "corresponding Indian State" or "corresponding State" means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the corre- sponding State, as the case may be, for the particular purpose in question; (8) "debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly : (9) "estate duty" means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of said laws, so to pass ; (10) "existing law" means any law, Ordinance, order, bye- law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law. Ordinance, order, bye-law, rule or regulation ; (11) "Federal Court" means the Federal Court constituted under the Government of India Act, 1935 : (12) "goods" includes all materials, commodities and articles; (13) "guarantee" includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount : (14) "High Court" means any Court which is deemed for the purposes of this Constitution to be a High Court for any State and includes- (a) any Court in the territory of India constituted or re-con- stituted under this Constitution as a High Court, and (b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution : (15) "Indian State" means any territory which the Government of the Dominion of India recognised as such a State ; (16) "Part" means a Part of this Constitution : (17) "pension" means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable : a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, or subscriptions to a provident fund; (18) "Proclamation of Emergency" means a Proclamation issued under Cl. (1) of Art.352 : (19) "public notification" means a notification in the Gazette of India, or, as the case may be, the official Gazette of a State : (20) "railway" does not include- (a) a tramway wholly within a municipal area, or (b) any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway : 402[ * * * ] 403[(22) "Ruler" means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty- sixth Amendment) Act, 1971. was recognised by the President as tie Ruler of an Indian State or any person who. at any time before such commencement, was recognised by the President as the successor of such Ruler;] (23) "Schedule" means a Schedule to this Constitution : (24) "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Art.341 to be Scheduled Castes for the purposes of this Constitution: (25) "Schedule Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Art.342 to be Scheduled Tribes for the purposes of this Constitution; (26) "Securities" includes stock : 404[ * * * * ] (27) "sub-clause" means a sub-clause of the clause in which the expression occurs; (28) "taxation" includes the imposition of any tax or impost, whether general or local or special, and "tax" shall be construed accordingly; (29) "tax on income" includes a tax in the nature of an excess profits tax; 405[(29-A) "tax on the sale or purchase of goods" includes- (a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration: (b) a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; (c) a tax on the delivery of goods on hire-purchase or any system of payment by instalments: (d) a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration: (f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made:] 406 [(30) "Union territory" means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.] Clause (4-A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 54 (w.e.f. 1st February, 1977) and omitted by the Constitution (Forty-third Amendment) Act, 1977. Sec. II (w.e.f. 13th April, 1978). Clause (21) omitted by the Constitution (Seventh Amendment) Act. 1956. Sec. 29, and Schedule. Subs. by the Constitution (Twenty-sixth Amendment) Act, 1971. Sec. 4, for Cl. (22). Clause (26-A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, Sec. 54 (w.e.f. 1st February, 1977) and omitted by the Constitution (Forty-third Amendment) Act, 1977, Sec. 11 (w.e.f. 13th April, 1978). Ins. by Constitution (Forty-sixth Amendment) Act, 1982, Sec. 4. Subs. by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule for Cl. (30). 367. Interpretation :- (1) Unless the context otherwise requires, the General Clauses Act. 1897, shall, subject to any adaptations and modifications that may be made therein under Art.372 , apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India. (2) Any reference in this Constitution to Acts or laws of, or made by. Parliament, or to Acts or laws of, or made by, the Legislature of a State 407[* * *], shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor 408[* * *] as the case may be. (3) For the purposes of this Constitution "foreign State" means any State other than India : Provided that, subject to the provisions of any law made by Parliament. the President may by order409 declare any State not to be a foreign State for such purposes as may be specified in the order. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, Sec. 29 and Schedule. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956 Sec. 29 and Schedule. Seethe Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2). PART 20 AMENDMENT OF THE CONSTITUTION ACT 11 of 1984 368. Power of Parliament to amend the Constitution and procedure therefor :- . [].- 411[(1) Notwithstanding any thing in this Constitution. Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.] 412[(2)] An amendment of this Constitution may be initiated only by the introduction in a Bill for the purpose of either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, 413[it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bills : Provided that if such amendment seeks to make any change in- (a) Art.54 , Art.55 , Art.73 , Art.162 , or Art.241 , or (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or (c) any of the Lists in the Seventh Schedule, or (d) the representation of States in Parliament, or (e) the provisions of this article. the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States 414[* * *] by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent. 415[(3) Nothing in Art.13 shall apply to any amendment made under this article.] 4 1 6 [(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article [whether before or after the commencement of Sec. 55 of the Constitution (Forty- second Amendment) Act. 1976] shall be called in question in any Court on any ground. (5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.] In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said Art. 370 shall be operative with the modification that for the Explanation in Cl. (1) thereof, the following Explanation is substituted, namely : "Explanation.-For the purposes of this article the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *sador-i-Riyasat of Jammu and Kashmir acting on the advice of the Council of Ministers of the State for the time being in office". (Ministry of Law Order No. C.O. 44. dated the 15th November, 1952). * Now "Governor". The words Andhra Pradesh", omitted by the Constitution (Thirty- second Amendment)Act. 1973, Sec. 2 (w.e.f. 1st July, 1974). Clauses (1) omitted by the Constitution (Thirty-second Amendment)Act. 1973., Sec. 2 (w.e.f. 1st July. 1974). Subs. by the Bombay Re-organisation Act, 1960 (11 of 1960), Sec. 85, for "the State of Bombay" (w.e.f. 1st May, 1960). Subs. by the Bombay Re-organisation Act, 1960., Sec. 85. for "the rest of Maharashtra" (w.e.f. 1st May, 1960). Ins. by the Constitution (Forty-second Amendment) Act, 1976. Sec. 55(w.e.f. 3rd January, 1977). This section has been declared invalid by the Supreme Court in Minerva Mills Ltd. v. Union of India, (1980) 2 S.C.C. 591. PART 21 TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS 369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concur- rent List :- Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely : (a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kappas), cotton seed, paper (including newsprint), foodstuffs (including edible oil- seeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica; (b) offences against laws with respect to any of the matters men- tioned in Cl. (a), jurisdiction and powers of all Courts except the Supreme Court with respect to any of those matters, and fees and in respect of any of those matters but not including fees taken in any Court, but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof. 370. Temporary provisions with respect to the State of Jammu and shmir :- [ (1) Notwithstanding anything in this Constitution,- (a) the provisions of Art.238 shall not apply in relation to the State of Jammu and Kashmir; (b) the power of Parliament to make laws for the said State shall be limited to- (i) those matters in the Union List and the Concurrent List which in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State: and (ii) such other matters in the said Lists, as, with the concur- rence o f the Government of the State, the President may by order specify. (c) the provisions of Art. I and of this article shall apply in relation to that State: (d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order 1 specify ; Provided that no such order which relates to the matters specified in the Instrument of Accession of State referred to in para. (i) of sub-clause (b) shall be issued except in consultation with the Government of the State : Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government. (2) If the concurrence of the Government of the State referred to in para. (ii) of sub-clause (b) of Cl. (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. (3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifi- cations and from such date as he may specify- : Provided that the recommendation of the Constituent Assembly of the State referred to in Cl. (2) shall be necessary before the President issues such a notification. 371. Special provision with respect to the States 3 [* * *] Maharashtra and Gujarat :- [420[* * * * *] (2) Notwithstanding anything in this Constitution, the President may by order made with respect to 421[the State of Maharashtra and Gujarat], provide for any special responsibility of the Governor for- (a) the establishment of separate development boards for Vidarbha, Marathwada, 422 [and the rest of Maharashtra or, as the case may be,] Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly ; (b) the equitable allocation of funds for development expenditure over the said areas, subject to the requirements of the State as a whole; and (c) an equitable arrangement providing adequate facilities for technical education and vocational training and adequate opportuni- Clauses (1) omitted by the Constitution (Thirty-second Amendment)Act. 1973., Sec. 2 (w.e.f. 1st July. 1974). Subs. by the Bombay Re-organisation Act, 1960 (11 of 1960), Sec. 85, for "the State of Bombay" (w.e.f. 1st May, 1960). Subs. by the Bombay Re-organisation Act, 1960., Sec. 85. for "the rest of Maharashtra" (w.e.f. 1st May, 1960). 371A. Special Provision With Respect To The State Of Nagaland :- (1) Notwithstanding anything in this Constitution,- (a) no Act of Parliament in respect of- (i) religious or special practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice Involving decisions according to Naga customary law, (iv) ownership and transfer of land and Its resources, shall apply to the State ofNagaland unless the Legislative Assem- bly of Nagaland by a resolution so decides ; (b) the Governor ofNagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken : Provided that if any question arises whether any matter is or is not a matter as respect which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order; (c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is Included In the demand for a grant relating to that service or purpose and not In other demand ; (d) as from such date as the Governor ofNagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor shall in his discretion make rules providing for- (i) the composition of the regional council and the manner in which the members of the regional council shall be chosen : Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex officio of the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves; (ii) the qualification for being chosen as. and for being, members of the regional council: (iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council: (iv) the procedure and conduct of the regional council: (v) the appointment of officers and staff of the regional council and their conditions of services: and (vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council. (2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf- (a) the administration of the Tuensang district shall be carried on by the Governor; (b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State: (c) no Act of the Legislature of Nagaland shall apply to the Tuensang district unless the Governor, on the recommendation of the regional council by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council : Provided that any direction given under this sub-clause may be given so as to have retrospective effect; (d) the Governor may make regulations for the peace, progress and good Government of the Tuensang District and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district: (e) (i) one of the members representing the Tuensang district in the Legislative Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the rec- ommendation of the majority of the members as aforesaid;424 (ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on. all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same; (f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion; (g) in Art.54 and Art.55 and Cl. (4) of Art.80 , references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article: (h) in Art.170 - (i) clause (1) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word "sixty", the words "forty- six" had been substituted: (ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article: (iii) in Cls. (2) and (3), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung district. (3) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may by order do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiration of three years from the date of the formation of the State of Nagaland. Paragraph 2 of the Constitution (Removal of Difficulties) Order No. X, provides (w.e.f. 1st December, 1963), that Art. 371-A of the Constitution of India shall have effect as if the following proviso were added to para. (i) of sub-clause (e) of Cl. (2) thereof, namely: "Provided that the Governor may, on the advice of the Chief Minister, appoint any person as Minister for Tuensang affiars to act as such until such time as persons are chosen in accordance with law to fill the seals allocated to the Tuensang district in the Legislative Assembly of Nagaland." 371B. Special Provision With Respect To The State Of Assam :- [Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in 426 [Part I] of the table appended to para. 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.] Subs. by the North-Eastern Areas (Re-organisation) Act. 1971 (81 of 1971). Sec. 71. for "Part A"(w.e.f. 21st January, 1972). 371C. Special Provision With Respect To The State Of Manipur :- (1 ) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State ofManipur. provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee. (2) The Governor shall annually, or whenever so required by the President make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of direction to the State as to the administration of the said areas. 371D. Special Provisions With Respect To The State Of Andhra Pradesh :- (1) The President may by order made with respect to the State ofAndhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State. (2) An order made under Cl. (1) may. in particular,- (a) require the State Government to organise any class or classes of posts in a civil service of. or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised: (b) specify any part or parts of the State which shall be regarded as the local area- (i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or consti- tuted otherwise) under the State Government ; (ii) for direct recruitment to posts in any cadre under any local authority within the State : and (c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made- (i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order : (ii) in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order : to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre. University or other educational institution, as the case may be. (3) The President may. by order, provide for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, power and authority [including any jurisdiction, powers and authority which immediately before the commencement of the Constitution (a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order : (b) seniority of persons appointed/allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order : (c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order. (4) An order made under Cl. (3) may- (a) authorise the Administrative Tribunal to receive representa- tions for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit : (b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary: (c) provide for the transfer to the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the com- mencement of such order, as may be specified in the order : (d) contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evi- dence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem neces- sary. 429 (5) The order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made. whichever is earlier: Provided that the State Government may. by special order made in writing and for reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case. the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be. (6) Every special order made by the State Government under the proviso to Cl. (5) shall be laid. as soon as may be after it is made, before both Houses of the State Legislature. (7) The High Court for the State shall not have any powers of superin- tendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or au- thority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to. the Administrative Tribunal. (8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition. (9) Notwithstanding any judgment, decree or order of any court. tribunal or other authority- (a) no appointment, posting, promotion or transfer of any per- son- (i) made before the 1st day of November, 1956, to any post under the Government of. or any local authority within, the State of Hyderabad as it existed before that date: or (ii) made before the commencement of the Constitution (Thirty- second Amendment) Act. 1973. to any post under Gov- ernment of, or any local or other authority within, the State of Andhra Pradesh; and (b) no action taken or thing done by or before any person referred to in sub-clause (a). shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law. then in force. providing for any requirement as to residence, within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh. in respect of such appointment, posting, promotion or transfer. (10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. * The Supreme Court in the case of Sambamurthy v. State of A.P., (1987) 1 S.C.C. 362 declared Cl. (5) alongwith proviso to be unconstitutional and void. 371E. Establishment Of Central University In Andhra Pradesh :- Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh. 371F. Special Provisions With Respect To The State Of Sikkim :- Notwithstanding anything in this Constitution,- (a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members: (b) as from the date of commencement of the Constitution (Thirty- Sixth-Amendment) Act. 1975 (hereafter in this article referred to as the appointed day)- (i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April. 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution : (ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution: and (iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution; (c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under Cl. (b). the references to the period of 2[five years], in Cl. (1) of Art.172 shall be construed as references to a period of 432[four years] and the said period of 433[four years] shall be deemed to commence from the appointed day: (d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one Parliamentary constit- uency to be called the Parliamentary Constituency for Sikkim: (e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim: (f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim: (g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time deem fit to issue, act in his discretion: (h) all property and assets (whether within or outside the territo- ries comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day. vest in the Government of the State of Sikkim; (i) the High Court functioning as such Immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day. be deemed to be the High Court for the State of Sikkim; (j) all courts of civil, criminal and revenue jurisdiction, all author- ities and all officers, judicial, executive and ministerial, throughout (k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority; (l) for the purpose of facilitating the application of any such law as is referred to in Cl. (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and mod- ifications so made, and any such adaptation or modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have affect subject to the adaptations and modifications so made, and any such adap- tation or modification shall not be questioned in any court of law; (m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relat- ing to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Government was a party, but nothing in this clause shall be construed to derogate from the provisions of Art.143 : (n) the President may by public notification extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification: (o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may by order,434 do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day : (p) all things done and all actions taken in or in relation to the State of Sikkim or the territories Comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives the assent of the President shall, in so far as they are in conformity with the provisions of this Constitution as amended by the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.] Subs. by the Constitution (Forty-fourth Amendment) Act. 1978, Sec. 43, for "six years" (w.e.f. 6th September, 1979). The words "six years" were subs. for the original words "five years" by the Constitution (Forty-second Amendment) Act, 1976, Sec. 56 (w.e.f. 3rd January, 1977). Subs. by the Constitution (Forty-fourth Amendment) Act. 1978. Sec. 43, for "five years (w.e.f. 6th September, 1979). The words "five years" were subs. for the original words "four years" by the Constitution (Forty-second Amendment) Act, 1976, Sec. 56 (w.e.f. 3rd January, 1977). See the Constitution (Removal of Difficulties) Order No. XI (C.O. 99). 371G. Special Provision With Respect To The State Of Mizoram :- Notwithstanding anything in this Constitution,- (a) no Act of Parliament in respect of- (i) religious or social practices of the Mizos, (ii) Mizo customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Mizo customary law, (iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides : Provided that nothing in this clause shall apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty- third Amendment) Act. 1986: (b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members]. 371H. Special Provision With Respect To The State Of Arunachal Pradesh :- [Notwithstanding anything in this Constitution,- (a) the Governor ofArunachal Pradesh shall have special respon- sibility with respect to law and order in the State ofArunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken : Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in exercise of his individual judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunchal Pradesh. he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order: (b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members. 371I. Special Provision With Respect To The State Of Goa :- Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members. 372. Continuance in force of existing laws and their adaptation :- ( 1 ) Notwithstanding the repeal by this Constitution of the enactments referred to in Art.395 but subject to the other provisions of this Constitution, all the laws in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority. (2) For the purpose of bringing the provisions of any law in force in t h e territory of India into accord with the provisions of this Constitution, the President may by order 438make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifica- tions so made, and any such adaptation or modification shall not be questioned in any court of law. (3) Nothing in Cl. (2) shall be deemed- (a) to empower the President to make any adaptation or modifi- cation of any law after the expiration of 439 [three years] from the commencement of this Constitution; or ( b ) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause. See the Adaptation of Laws Order. 1950. dated the 26th January, 1950, Gazette of India. Extraordinary, p. 449, as amended by Notification No. S.R.O. I 15, dated the 5th June, 1950, Gazette of India. Extraordinary. Pt. II, Sec. 3, p. 51 : Notification No. S.R.O. 870, dated the 4th November, 1950, Gozette of India. Extraordinary. Pt. II, Sec. 3. p. 903 : Notification No. S.R.O. 508, dated 4th April, 1951, Gazette of India, Extraordinary. Pt. II, Sec. 3, p. 287 : Notification No. S.R.O. 1140-B, dated the 2nd July, 1952, Gazette of India. Extraordinary. Pt. II, Sec. 3, p. 616/I; and t h e Adaptation of the Travancore-Cochin Land Acquisition Laws Order, 1952, dated the 20th November, 1952, Gazette of India. Extraordinary. Pt. II, Sec. 3, p. 923. Subs.by the Constitution (FirstAmendment) Act, 1951, Sec. 12, for the words "two years". 372A. Power Of The President To Adopt Laws :- (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order 441 made before the first day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made. and any such adaptation or modification shall not be questioned in any Court of law. (2) Nothing in Cl. (1) shall be deemed to prevent a competent Legisla- ture or other competent authority from repealing or amending any law adapted or modified by the President under the said clause]. See the Adaptation of Laws Orders of 1956 and 1957. 373. Power of President to make order in respect of persons under preventive detention in certain cases :- Until provision is made by Parliament under Cl. (7) of Art.22 , or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in Cls. (4) and (7), thereof there were substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President. 374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council :- (1) The Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under Art.125 in respect of the Judges of the Supreme Court. (2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have juris- diction to hear and determine the same, and the judgment and orders of the Federal Court delivered or made before the commencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court. (3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction of His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any Court within the territory of India in so far as the exercise of such jurisdiction is authorised by law. and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution. (4) On and from the commencement of this Constitution the jurisdic- tion of the authority functioning as the Privy Council in a State specified in (5) Further provision may be made by Parliament by law to give effect to the provisions of this article. 375. Courts, authorities and officers to continue to function sub- ject to the provisions of the Constitution :- All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution. 376. Provisions as to Judges of High Courts :- ( 1) Notwithstanding anything in Cl. (2) of Art.217 , the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave o f absence and pensions as are provided for under Art.221 in respect of the Judges of such High Court. 442 [Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court.] (2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, notwithstanding anything in Cls. (1) and (2) of Art.217 but subject to the proviso to Cl. (1) of that article. continue to hold office until the expiration of such period as the President may by order determine. (3) In this article, the expression "Judge" does not include an acting Judge or an additional Judge. Added by the Constitution (First Amendment) Act, 1951, Sec. 13. 377. Provisions as to Comptroller and Auditor-General of India :- The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under Cl. (3) of Art.148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement. 378. Provisions as to Public Service Commissions :- (1) The members of the Public Service Commission for Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the member of the Public Service Commission for the Union and shall, notwithstanding anything in Cls. (1) and (2) of Art.316 but subject to the (2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be. and shall, notwithstanding anything in Cls. (1) and (2) of Art.316 but subject to the proviso to Cl. (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members. 378A. Special Provisions As To Duration Of Andhra Pradesh Legislative Assembly :- 443 Notwithstanding anything contained in Art.172 , the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of Secs. 28 and 29 of the State Reorganisation Act, 1956. shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said Sec. 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.] Ins. by the Constitution (Seventh. Amendment) Act, 1956, Sec. 24. 379. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 380. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 381. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 382. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 383. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 384. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 385. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 386. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 387. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 388. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 389. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 390. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 391. Special provisions as to duration of Andhra Pradesh Legislative Assembly :- Rep. by the Constitution (Seventh Amendment) Act, 1956. Sec. 29 and Schedule. 392. Power of President to remove difficulties :- (1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient : Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V. (2) Every order made under Cl. (1) shall be laid before Parliament. (3) The powers conferred on the President by this article, by Art.324 , by Cl. (3) of Art.367 and by Art.391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the Dominion of India. P A R T 2 2 SHORT TITLE, COMMENCEMENT, 1 [AUTHORITATIVE TEXT IN HINDU AND REPEALS 393. Short title :- This Constitution may be called the Constitution of India. 394. Commencement :- This Article and Art.5 , Art.6 , Art.7 , Art.8 , Art.9 , Art.60 , Section 324 . Art.366 , Art.367 , Art.379, Art.380, Art.388, Art.391, Art.392 and Art.393 shall come into force at once. and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution. 394A. Authoritative Text In The Hindi Language :- (1) The President shall cause to be published under his authority,- (a) the translation of this Constitution in the Hindi language, signed b y the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication: and (b) the translation in the Hindi language of every amendment of this Constitution made in the English language. (2) The translation of this Constitution and of every amendment thereof published under Cl. (1) shall be construed to have the same meaning as the original thereof and if any difficulty arises in so construing any part of such translation, the President shall cause the same to be revised suitably. (3) The translation of this Constitution and of every amendment thereof published under this article shall be deemed to be, for all purposes, the authoritative text thereof in the Hindi Language. 395. Repeals :- The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed. SCHEDULE 1 FIRST SCHEDULE 34[FIRST SCHEDULE [Articles I and 4] I. THE STATES Name Territories 1. Andhra Pradesh [The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub- section (1) of section 3 of the States Reorganisation Act, 1956, the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, and the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968, but excluding the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.] 2. Assam The territories which immediately before the commencement of this Constitution were comprised in the Province of Assam, the Khasi States and the Assam Tribal Areas, but excluding the territories specified in the Schedule to the Assam (Alteration of Boundaries) Act, 1951,[and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962] [and the territories specified in sections 5, 6 and 7 of the North-Eastern Areas (Reorganisation) Act, 1971.] 3. Bihar [The territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province and the territories specified in clause (i) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, and the territories specified in clause (b) of sub-section (1) of section 3 of the first mentioned Act[and the territories specified in section 3 of the Bihar Reorganisation Act, 2000]] [4. Gujarat The territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.] 5. Kerala The territories specified in sub-section (1) of section 5 of the States Reorganisation Act, 1956. 6. Madhya Pradesh The territories specified in sub-section (1) of section 9 of the States Reorganisation Act, 1956[and the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959][but excluding the territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000]. [7 Tamil Nadu] The territories which immediately before the [7. Tamil Nadu] The territories which immediately before the commencement of this Constitution were either comprised in the Province of Madras or were being administered as if they formed part of that Province and the territories specified in section 4 of the States Reorganisation Act, 1956,[and the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959] but excluding the territories specified in sub-section (1) of section 3 and sub-section (1) of section 4 of the Andhra State Act, 1953 and [the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 and the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959]. [8. Maharashtra The territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956, but excluding the territories referred to in sub- section (1) of section 3 of the Bombay Reorganisation Act, 1960.] [9. Karnataka] The territories specified in sub-section (1) of section 7 of the States Reorganisation Act, 1956[but excluding the territory specified in the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968]. [10.] [Odisha] The territories which immediately before the commencement of this Constitution were either comprised in the Province of Orissa or were being administered as if they formed part of that Province. [11.] Punjab The territories specified in section 11 of the States Reorganisation Act, 1956 [and the territories referred to in Part II of the First Schedule to the Acquired Territories (Merger) Act, 1960] [but excluding the territories referred to in Part II of the First Schedule to the Constitution (Ninth Amendment) Act, 1960] [and the territories specified in sub-section (1) of section 3, section 4 and sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966]. [12.] Rajasthan The territories specified in section 10 of the States Reorganisation Act, 1956[but excluding the territories specified in the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959]. [13.] Uttar Pradesh [The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province, the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968[and the territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000], and the territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the erritories specified in clause (a) of sub section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979.] [14.] West Bengal The territories which immediately before the commencement of this Constitution were either comprised in the Province of West Bengal or were being administered as if they formed part of that Province in the territory of Chandemagore as defined in clause (c) of section 2 of the Chandenagore (Merger) Act, 1954, and also the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956. [15.] Jammu and Kashmir The territory which immediately before the commencement of this Constitution are comprised in the Indian Slate of Jammu and Kashmir. [16. Nagaland The territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962.] [17. Haryana [The territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act, 1966 and the territories specified in clause (a) of sub- section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (b) of sub-section (1) of section 4 of that Act.]] [18. Himachal Pradesh The territories which immediately before the commencement of this Constitution were being administered as if they were Chief Commissioners Provinces under the names of Himachal Pradesh and Bilaspur and the Territories specified in sub- section (1) of section 5 of the Punjab Reorganisation Act, 1966.] 19. Manipur The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioners Province under the name of Manipur. 20. Tripura The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioners Province under the name of Tripura. 21. Meghalaya The territories specified in section 5 of the North- Eastern Areas (Reorganisation) Act, 1971.] 22. Sikkim The territories which immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, were comprised in Sikkim.] 23. Mizoram The territories specified in section 6 of the North Eastern Areas (Reorganisation) Act, 1971.] 24. Arunachal Pradesh The territories specified in section 7 of the North Eastern Areas (Reorganisation) Act, 1971.] 25. Goa The territories specified in section 3 of the Goa, Daman and Diu Reorganisation Act, 1987.] 26. Chhattisgarh The territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000.] 27. Uttaranchal The territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000.] 28. Jharkhand The territories specified in section 3 of the Bihar Reorganisation Act, 2000.] II. THE UNION TERRITORIES Name Territories 1. Delhi The territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioners Province of Delhi. [***] [***] [2.] The Andaman and Nicobar Islands The territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioners Province of the Andaman and Nicobar Islands. [3.][Lakshadweep] The territory specified in section 6 of the States Reorganisation Act, 1956. [4.] Dadra and Nagar Haveli The territory which immediately before the eleventh day of August, 1961 was comprised in Free Dadra and Nagar Haveli.] [5.] Daman and Diu The territories specified in section 4 of the Goa, Daman and Diu Reorganisation Act, 1987.]] [6.] Pondicherry The territories which immediately before the sixteenth day of August, 1962, were comprised in the French Establishments in India known as Pondicherry, Karikal, Mahe and Yanam.] [7.] Chandigarh The territories specified in section 4 of the Punjab Reorganisation Act, 1966.] [***] [ ] [***] 1. Substituted by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968), section 4, for the former entry (w.e.f. 1-10-1968). 2. Added by the State of Nagaland Act, 1962 (27 of 1962), section 4 (w.e.f. 1-12- 1963). 3. Added by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 9 (w.e.f. 21-1-1972). 4. Substituted by the Bihar and Uttar Pradesh (Alternation of Boundaries) Act, 1968 (24 of 1968), section 4, for the former entry (w.e.f. 10-6-1970). 5. Added by the Bihar Reorganisation Act, 2000 (30 of 2000), section 5 (w.e.f. 15- 11-2000). 6. Substituted by the Bombay Reorganisation Act, 1960 (11 of 1960), section 4, for entry 4 (w.e.f. 1-5-1960). 7. Inserted by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of 1959), section 4 (w.e.f. 1-10-1959). 8. Added by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), section 5 (w.e.f. 1-11-2000). 9. Substituted by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), section 5, for "7. Madras" (w.e.f. 14-1-1969). 10. Inserted by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 1959), section 6 (w.e.f. 14-1-1960). 11. Substituted by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 1959), section 5 (w.e.f. 1-4-1960). 12. Inserted by the Bombay Reorganisation Act, 1960 (11 of 1960), section 4 (w.e.f. 1-5-1960). 13. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960 (11 of 1960), section 4 (w.e.f. 1-5-1960). 14. Substituted by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), section 5, for "9. Mysore" (w.e.f. 1-10-1973). 15. Inserted by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968), section 4 (w.e.f. 1-10-1968). 16. Inserted by the Acquired Territories (Merger) Act, 1960 (31 of 1960), section 4 (w.e.f. 17-1-1961). 17. Added by the Constitution (Ninth Amendment) Act, 1960, section 7, (w.e.f. 17- 1-1961). 18. Inserted by the Punjab Reorganisation Act, 1966 (31 of 1966), section 7 (w.e.f. 1-11-1966). 19. Inserted by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of 1959), section 4 (w.e.f. 1-10-1959). 20. Substituted by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979), section 5, for the former entry (w.e.f.. 15-9-1983). 21. Inserted by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), section 5. 22. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960 (11 of 1960), section 4 (w.e.f. 1-5-1960). 23. Inserted by the State of Nagaland Act, 1962 (27 of 1962), section 4 (w.e.f. 1- 12-1963). 24. Inserted by the Punjab Reorganisation Act, 1966 (31 of 1966), section 7 (w.e.f. 1-11-1966). 25. Inserted by the State of Himachal Pradesh Act, 1970 (53 of 1970), section 4 (w.e.f. 25-1-1971). 26. Inserted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 9 (w.e.f.21-1-1972). 27. Inserted by the Constitution (Thirty-Sixth Amendment) Act, 1975, section 2 (w.e.f. 26-4-1975). 28. Inserted by the State of Mizoram Act, 1986 (34 of 1986), section 4 (w.e.f. 20- 2-1987). 29. Inserted by the State of Arunachal Pradesh Act, 1986 (69 of 1986), section 4 (w.e.f. 20- 2- 1987). 30. Inserted by the Goa, Daman and Diu Reorganisation Act 1987 (18 of 1987), section 5 (w.e.f. 30-5-1987). 31. Inserted by Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), section 5. 32. Inserted by Uttar Pradesh Reorganisation Act, 2000 (28 of 2000), section 5. 33. Inserted by Bihar Reorganisation Act, 2000 (30 of 2000), section 5 (w.e.f. 15- 11-2000). 34. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 2, for the First Schedule. 35. Entry 2 relating to " Himachal Pradesh" omitted by the State of Himachal Pradesh Act, 1970 (53 of 1970), section 4 (w.e.f. 25-1-1971). 36. Entries relating to Manipur and Tripura omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 9 (w.e.f. 21-1-1972). 37. Entries 4 to 9 renumbered as entries 2 to 7 by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 9 (w.e.f. 21-1-1972). 38. Substituted by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), section 5, for "The Laccadive, Minicoy and Amindivi Islands" (w.e.f. 1-11-1973). 39. Inserted by the Constitution (Tenth Amendment) Act, 1961, section 2. 40. Inserted by the Constitution (Twelfth Amendment) Act, 1962, section 2. 41. Substituted by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), section 5, for entry 5 (w.e.f. 30-5-1987). 42. Inserted by the Constitution (Fourteenth Amendment) Act, 1962, section 3 and section 7 (w.e.f. 16-8-1962). 43. Inserted by the Punjab Reorganisation Act, 1966 (31 of 1966), section 7 (w.e.f. 1-11-1966). 44. Entry 4 to 9 renumbered as entries 2 to 7 by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 9 (w.e.f. 21-1-1972). 45. Entry 8 relating to Mizoram omitted and entry 9 relating to Arunachal Pradesh renumbered as entry 8 by the State of Mizoram Act, 1986(34 of 1986), section 4 (w.e.f. 20-2-1987). 46. Entry 8 relating to Arunachal Pradesh as renumbered by Act 34 of 1986, section 4 omitted by the State of Arunachal Pradesh Act, 1986(69 of 1986), section 4 (w.e.f. 20-2-1987). 47. Substituted by the Orissa (Alteration of Name) Act, 2011 (Act No. 15 of 2011) w.e.f. 01.11.2011 for the following : - " Orissa" SCHEDULE 2 SECOND SCHEDULE [Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3),164(5),186 and 221] PART A PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES 1 [***] 1. There shall be paid to the President and to the Governors of the States 1 [***] the following emoluments per mensem, that is to say:- The President 14 [10,000 rupees] The Governor of a State 15 [5,500 rupees] 2. There shall also be paid to the President and to the Governors of the States 2 [***] such allowances as were payable respectively to the Governor-General of the Dominion of India and to the Governors of the corresponding Provinces immediately before the commencement of this Constitution. 3. The President and the Governors of 3 [the States] throughout their respective terms of office shall be entitled to the same privileges to which the Governor- General and the Governors of the corresponding Provinces were respectively entitled immediately before the commencement of this Constitution. 4. While the Vice-President or any other person is discharging the functions of, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emoluments, allowances and privileges as the President or the Governor whose functions he discharges or for whom he acts, as the case may be. 4 [***] PART C PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COUNCIL OF STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY 5 [***] AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL OF 6 [A STATE]. 7. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of States such salaries and allowances as were payable to the Speaker of the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution, and there shall be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable to the Deputy Speaker of the Constituent Assembly of the Dominion of India immediately before such commencement. 8. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly 7 [***] and to the Chairman and the Deputy Chairman of the Legislative Council of 8 [a State]. Such salaries and allowances as were payable respectively to the Speaker and the Deputy Speaker of the Legislative Assembly and the President and the Deputy President of the Legislative Council of the corresponding Province immediately before the commencement of this Constitution and, where the corresponding Province had no Legislative Council immediately before such commencement, there shall be paid to the Chairman and the Deputy Chairman of the Legislative Council of the State such salaries and allowances as the Governor of the State may determine. PART D PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE HIGH COURTS 9 [***] 9. (1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:- The Chief Justice 16 [10,000 rupees] Any other Judge 17[9,000 rupees] Provided that if a Judge of the Supreme Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the Supreme Court 10 [shall be reduced- (a) by the amount of that pension, and (b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity]. (2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official residence. (3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who, immediately before the commencement of this Constitution,- (a) was holding office as the Chief Justice of the Federal Court and has become on such commencement the Chief Justice of the Supreme Court under clause (1) of article 374, or (b) was holding office as any other Judge of the Federal Court and has on such commencement become a Judge (other than the Chief Justice) of the Supreme Court under the said clause, during the period he holds office as such Chief Justice or other Judge, and every Judge who so becomes the Chief Justice or other Judge of the Supreme Court shall, in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, be entitled to receive in addition to the salary specified in sub- paragraph (1) of this paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement. (4) Every Judge of the Supreme Court shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as the President may from time to time prescribe. (5) The rights in respect of leave of absence (including leave allowances) and pension of the Judges of the Supreme Court shall be governed by the provisions which, immediately before the commencement of this Constitution, were applicable to the Judges of the Federal Court. 10. 11 [(1). There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,- The Chief Justice 18[9,000 rupees] Any other Judge 19[8,000 rupees] Provided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the High Court shall be reduced- (a) by the amount of that pension, and (b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.] (2) Every person who immediately before the commencement of this Constitution- (a) was holding office as the Chief Justice of a High Court in any Province and has on such commencement become the Chief Justice of the High Court in the corresponding State under clause (1) of article 376, or (b) was holding office as any other Judge of a High Court in any Province and has on such commencement become a Judge (other than the Chief Justice) of the High Court in the corresponding State under the said clause, shall, if he was immediately before such commencement drawing a salary at a rate higher than that specified in sub-paragraph (1) of this paragraph, be entitled to receive in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, in addition to the salary specified in the said sub- paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement. 1 2 [(3) Any person who, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief Justice of the High Court of a State specified in Part B of the First Schedule and has on such commencement become the Chief Justice of the High Court of a State specified in the said Schedule as amended by said Act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to the salary specified in sub-paragraph (1) of this paragraph.] 11. In this Part, unless the context otherwise requires- (a) the expression Chief Justice includes an acting Chief Justice, and a Judge includes an ad hoc Judge; (b) actual service includes- (i) time spent by a Judge on duty as a Judge or in the performance of such other functions as he may at the request of the President undertake to discharge; (ii) vacations, excluding any time during which the Judge is absent on leave; and (iii) joining time on transfer from a High Court to the Supreme Court or from one High Court to another. PART E PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA 12. (1) There shall be paid to the Comptroller and Auditor-General of India a salary at the rate of four thousand13 rupees per mensem, (2) The person who was holding office immediately before the commencement of this Constitution as Auditor-General of India and has become on such commencement the Comptroller and Auditor-General of India under article 377 shall in addition to the salary specified in sub-paragraph (1) of this paragraph be entitled to receive as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing as Auditor-General of India immediately before such commencement. (3) The rights in respect of leave of absence and pension and the other conditions of service of the Comptroller and Auditor-General of India shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the Auditor-General of India immediately before the commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President. 1. The words and letter "specified in Part A of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule. 2. The words " so specified" omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule. 3. Substituted by the constitution (Seventh Amendment) Act, 1956, section 29 and Schedule, for "such States". 4. Part B omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule. 5. The words and letter "or a State in Part A of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule. 6. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule, for "any such State". 7. The words and letter " of a State specified in Part A of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule. 8. Substituted by the constitution (Seventh Amendment) Act, 1956, section 29 and Schedule, for "such State". 9. The words and letter "in States in Part A of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, section 25. 10. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 25, for "shall be reduced by the amount of that pension". 11. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 25, for sub-paragraph (1). 12. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 25, for sub-paragraphs (3) and (4). 13. The Comptroller and Auditor-General of India shall be paid a salary equal to the salary of the Judges of Supreme Court vide section 3 of Act 56 of 1971. The salary of Judges of the Supreme Court has been raised to Rs. 9,000 per mensem by the Constitution (Fifty-fourth Amendment) Act, 1986 and further raised to Rs. 30,000 p.m. by the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18 of 1998), section 7 (w.r.e.f. 1-1-1996). 14. Raised to Rs. 15,000 p.m. by the Presidents Pension (Amendment) Act, 1985 and further raised to Rs. 20,000 p.m. by the Presidents Emoluments and Pension (Amendment) Act, 1990 and further raised to Rs. 50,000 p.m. by the Presidents Emoluments and Pension (Amendment) Act, 1998 (25 of 1998), section 2 (w.r.e.f. 1-1-1996). 15. Raised to Rs. 11,000 p.m. by the Governors Emoluments, Allowances and Privileges (Amendment) Act, 1987 (17 of 1987) and further raised to Rs. 36,000 p.m. by the Governors (Emoluments and Privileges) Amendment Act, 1998 (27 of 1998), section 2 (w.r.e.f. 1-1-1996). 16. Substituted by the Constitution (Fifty-fourth Amendment) Act, 1986, section 4, for "5,000 rupees" (w.e.f. 1-4-1986). Now Rs. 33,000 per mensem vide the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18 of 1998), section 7 (w.r.e.f. 1-1-1996). 17. Substituted by the Constitution (Fifty-fourth Amendment) Act, 1986, section 4 for "4,000 rupees" (w.e.f. 1-4-1986). Now Rs. 30,000 per mensem vide the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18of 1998), section 7 (w.r.e.f. 1-1-1996). 18. Substituted by the Constitution (Fifty-fourth Amendment) Act, 1986 (34 of 1986), section 4 for "4000 rupees" (w.e.f. 1-4-1986). Now Rs. 30,000 per mensem vide the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18 of 1998), section 4 (w.r.e.f. 1-1-1996). 19. Substituted by the Constitution (Fifty-fourth Amendment) Act, 1986 (34 of 1986), section 4, for "3,500 rupees" (w.e.f. 1-4-1986). Now Rs. 26,000 per mensem vide the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18 of 1998), section 4 (w.r.e.f. 1-1-1996). SCHEDULE 3 THIRD SCHEDULE [Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]1 Forms of Oaths or Affirmations I Form of oath of office for a Minister for the Union: I, A.B., do swear in the name of God / solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established, 2 [that I will uphold the sovereignty and integrity of India] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will. II Form of oath of secrecy for a Minister for the Union: I, A.B.,do swear in the name of God / solemnly affirm, that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister. 3 [III A Form of oath or affirmation to be made by a candidate for election to Parliament: I, A.B., having been nominated as a candidate to fill a seat in the Council of States (or the House of the People) do swear in the name of God / solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India. B Form of oath or affirmation to be made by a member of Parliament: I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.] IV Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India: I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or Comptroller and Auditor-General of India) do swear in the name of God / solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established, 2 [that I will uphold the sovereignty and integrity of India,] that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill- with and that I will uphold the Constitution and the laws. V Form of oath of office for a Minister for a State: I, A.B., do swear in the name of God / solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established, 2 [that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the State of....... and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will. VI Form of oath of secrecy for a Minister for a State: I, A.B., do swear in the name of God / solemnly affirm, that I will not directly or indirectly communicate or reveal to any person or persons any mailer which shall be brought under my consideration or shall become known to me as a Minister for the State of........ except as may be required for the due discharge of my duties as such Minister. 4 [VII A Form of oath or affirmation to be made by a candidate for election to the Legislature of a State: I, A.B., having been nominated as a candidate to fill a seat in Legislative Assembly (or Legislative Council) , do swear in the name of God / solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India. B Form of oath or affirmation to be made by a member of the Legislature of a State: I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do swear in the name of God / Solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and (hat I will faithfully discharge the duty upon which I am about to enter.] VIII Form of oath or affirmation to be made by the Judges of a High Court: I, A.B., having been appointed Chief Justice (or a Judge) of the High Court at (or of)........do swear in the name of God / solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established, 2 [that I will uphold the sovereignty and integrity of India,] that I will duly and faithfully and to the best of my ability, knowledge, and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws. 1. See also articles 84(a) and 173(a). 2. Inserted by the Constitution (Sixteenth Amendment) Act, 1963, section 5. 3. Substituted by the Constitution (Sixteenth Amendment) Act, 1963, section 5, for Form III. 4. Substituted by the Constitution (Sixteenth Amendment) Act, 1963, section 5, for Form VII. SCHEDULE 4 FOURTH SCHEDULE [Articles 4(1) and 80(2)] Allocation of seats in the Council of States To each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union territory, as the case may be. TABLE NAME OF STATE/UNION TERRITORY NO. OF SEATS 1. Andhra Pradesh 18 2. Assam 7 3. Bihar [16] [4. Jharkhand 6] [5.] Goa 1] [6.] Gujarat 11] [7.] Haryana 5] [8.] Kerala 9 [9.] Madhya Pradesh [11] [10. Chattisgarh 5] [11.] Tamil Nadu] [18] [12.] Maharashtra 19] [13.] Karnataka] 12 [Odisha] 10 [15.] Punjab [7] 16. Rajasthan 10 [17.] Uttar Pradesh [31] 18. Uttaranchal 3] [19.] West Bengal 16 [19.] West Bengal 16 [20.] Jammu and Kashmir 4 [21] Nagaland 1] [22.] Himachal Pradesh 3] [23] Manipur 1] [24.] Tripura 1 [25.] Meghalaya 1 [26.] Sikkim 1] [27.] Mizoram 1 [28.] Arunachal Pradesh 1 [29.] Delhi 3 [30.] Pondicherry. 1 Total Total [233]] 1. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 3, for the Fourth Schedule. 2. Inserted by the Bihar Reorganisation Act, 2000 (30 of 2000), section 7 (w.e.f. 15-11-2000). 3. Inserted by Goa, Daman and Diu Reorganization Act, 1987 (18 of 1987), section 6 (w.e.f. 30-5-1987). 4. Entry numbers have been renumbered by (i) the North Eastern Areas (Reorganisation) Act, 1971 (81 of 1971); (ii) the State of Mizoram Act, 1986 (34 of 1986); (iii) the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987); (iv) the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000) (w.e.f. 1-11-2000); (v) the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000) (w.e.f. 9-11-2000); (vi) the Bihar Reorganisation Act, 2000 (30 of 2000) (w.e.f. 15-11-2000). 5. Substituted by the Bombay Reorganisation Act, 1960 (11 of 1960), section 6 (w.e.f. 1-5-1960). 6. Inserted by the Punjab Reorganisation Act, 1966 (31 of 1966), section 9 (w.e.f. 1-11-1966). 7. Substituted by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), section 7, for "16".(w.e.f. 1.11.2000) 8. Inserted by Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), section 7. (w.e.f.1.11.2000) 9. Substituted by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), section 5 for "Madras" (w.e.f. 14-1-1969). 10. Substituted by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 1959), section 8, for "17" (w.e.f. 1-4-1960). 11. Inserted by the Bombay Reorganisation Act, 1960 (11 of 1960), section 6 (w.e.f. 1-5-1960). 12. Substituted by the Mysore State (Alternation of Name) Act, 1973 (31 of 1973), section 5, for "Mysore" (w.e.f. 1-11-1973). 13. Substituted by the Punjab Reorganization Act, 1966, (31 of 1966), section 9, for "11" (w.e.f. 1-11-1966). 14. Substituted by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), section 7, for "34" (w.e.f. 9-11-2000). 15. Inserted by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), section 7 (w.e.f. 9-11-2000). 16. Inserted by the State of Nagaland Act, 1962 (27 of 1962), section 6 (w.e.f. 1- 12-1963). 17. Inserted by the State of Himachal Pradesh Act, 1970 (53 of 1970), section 5 (w.e.f. 25-1-1971). 18. Substituted by the North Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 10. 19. Inserted by the Constitution (Thirty-sixth Amendment) Act, 1975, section 4 (w.e.f. 26-1-1975). 20. Substituted by the Goa, Daman and Diu Reorganisation Act, 1987, section 6, for "232" (w.e.f. 30-5-1987). 21. Substituted by the Bihar Reorganisation Act, 2000 (30 of 2000), section 7, for "22" (w.e.f. 15-11-2000). 22. Substituted by the Orissa (Alteration of Name) Act, 2011 (Act No. 15 of 2011) w.e.f. 01.11.2011 for the following : - "Orissa" SCHEDULE 5 FIFTH SCHEDULE [Article 244(1)] PROVISIONS AS TO THE ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES PART A GENERAL 1. Interpretation In this Schedule, unless the context otherwise requires, the expression State 1 [***] does not include the 2 [States of Assam] 3 [4 [Meghalaya, Tripura and Mizoram]]. 2. Executive power of a State in Scheduled Areas Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein. 3. Report by the Governor 5 [***] to the President regarding the administration of Scheduled Areas The Governor 5 [***] of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas. PART B ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES 4. Tribes Advisory Council (1) There shall be established in each State having Scheduled Areas therein and, if t he President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State: Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes. (2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor 6 [***]. (3) The Governor 5 [***] may make rules prescribing or regulating, as the case may be, (a) the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof, (b) the conduct of its meetings and its procedure in general; and (c) all other incidental matters. 5. Law applicable to Scheduled Areas (1) Notwithstanding anything in this Constitution, the Governor 6 [***] may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the Stale or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect. (2) The Governor 6 [***] may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area. In particular and without prejudice to the generality of the foregoing power, such regulations may- (a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area; (b) regulate the allotment of land to members of the Scheduled Tribes in such area; (c) regulate me carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area. (3) In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the Governor 5 [***] may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question. (4) All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect. (5) No regulation shall be made under this paragraph unless the Govern 5 [***] making the regulation has, in the case where there is a Tribes Advisory Council for the State, consulted such Council. PART C SCHEDULED AREAS 6. Scheduled Areas (1) In this Constitution, the expression Scheduled Areas means such areas as the President may by order7 declare to be Scheduled Areas. (2) The President may at any time by order8 - (a) direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area; 9 [(aa) increase the area of any Scheduled Area in a State after consultation with the Governor of that State;] (b) alter, but only by way of rectification of boundaries, any Scheduled Area; (c) on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area; 9 [(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are as to be Scheduled Areas] and any such order may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph shall not be varied by any subsequent order. PART D AMENDMENT OF THE SCHEDULE 7. Amendment of the Schedule (1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended. (2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368. 1. The words and letters "means a State specified in Part A or Part B of the First Schedule but" omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule. 2. Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 71, for "State of Assam" (w.e.f. 21-1-1972). 3 . Substituted by the State of Mizoram Act, 1986 (34 of 1986), section 39, for "Meghalaya and Tripura" (w.e.f. 20-2-1987). 4. Substituted by the Constitution (Forty-ninth Amendment) Act, 1984, section 3, for " and Meghalaya" (w.e.f. 1-4-1985). 5. The words " or the Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule. 6. The words "or the Rajpramukh, as the case may be" omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule. 7. See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9), theScheduled Areas (Part B States) Order, 1950 (C.O. 26), the ScheduledAreas (Himachal Pradesh) Order, 1975 (C.O. 102) and the Scheduled Areas(States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977 (C.O.109). 8. Seethe Madras Scheduled Area (Cesser) Order, 1951 (C.O. 30) and the Andhra Scheduled Areas (Cesser) Order, 1955 (C.O. 50). 9. Inserted by the Fifth Schedule to the Constitution Amendment) Act, 1976 (101 of 1976), section 2. SCHEDULE 6 SIXTH SCHEDULE [Articles244(2) and 275(1)] PROVISIONSAS TO THE ADMINISTRATION OF TRIBAL AREAS IN 1 [2 [THE STATESOF ASSAM, 3 [MEGHALAYA, TRIPURA]ANDMIZORAM]] 1.Autonomous districts and autonomous regions (1)Subject to the provisions of this paragraph, the tribal areas in each item of 4 [5 [PartsI, II and IIA] and in Part III] of the table appended to paragraph 20 of thisSchedule shall be an autonomous district. (2)If there are different Scheduled Tribes in an autonomous district, the Governormay, by public notification, divide the area or areas inhabited by them intoautonomous regions6 . (3)The Governor may, by public notification,- (a)include any area in 4 [any of the Parts] of the said table, (b)exclude any area from 4 [any of the Parts] of the said table, (c)create a new autonomous district, (d)increase the area of any autonomous district, (e)diminish the area of any autonomous district, (f)unite two or more autonomous districts or parts thereof so as to form oneautonomous district, 7 [(ff)alter the name of any autonomous district,] (g)define the boundaries of any autonomous district: Providedthat no order shall be made by the Governor under clauses (c), (d), (c) and (f)of this sub-paragraph except after consideration of the report of a Commissionappointed under sub-paragraph (1) of paragraph 14 of this Schedule: 8 [Providedfurther that any order made by me Governor under this sub-paragraph may containsuch incidental and consequential provisions (including any amendment ofparagraph 20 and of any item in any of the Parts of the said table) as appear tothe Governor to be necessary for giving effect to the provisions of the order.] 2.Constitution of District Councils and Regional Councils 9 [(1)There shall be a District Council for each autonomous district consisting of notmore than thirty members, of whom not more than four persons shall be nominatedby the Governor and the rest shall be elected on the basis of adult suffrage.]10 (2)There shall be a separate Regional Council for each area constituted anautonomous region under sub-paragraph (2) of paragraph 1 of this Schedule. (3)Each District Council and each Regional Council shall be a body corporate by thename respectively of the District Council of (name of district) and theRegional Council of (name of region), shall have perpetual succession and acommon seal and shall by the said name sue and be sued.11* (4)Subject to the provisions of this Schedule, the administration of an autonomousdistrict shall, in so far as it is not vested under this Schedule in anyRegional Council within such district, be vested in the District Council forsuch district and the administration of an autonomous region shall be vested inthe Regional Council for such region. (5)In an autonomous district with Regional Councils, the District Council shallhave only such powers with respect to the areas under the authority of theRegional Council as may be delegated to it by the Regional Council in additionto the powers conferred on it by this Schedule with respect to such areas. (6)The Governor shall make rules for the first constitution of District Councilsand Regional Councils in consultation with the existing tribal Councils or otherrepresentative tribal organisations within the autonomous districts or regionsconcerned, and such rules shall provide for- (a)the composition of the District Councils and Regional Councils and theallocation of seats therein; (b)the delimitation of territorial constituencies for the purpose of elections tothose Councils; - (c)the qualifications for voting at such elections and the preparation of electoralrolls therefor; (d)the qualifications for being elected at such elections as members of suchCouncils; (e)the term of office of members of 12 [Regional Councils]; (f)any other matter relating to or connected with elections or nominations to suchCouncils; (g)the procedure and the conduct of business 7 [including the power toact notwithstanding any vacancy] in the District and Regional Councils; (h)the appointment of officers and staff of the District and Regional Councils. 7 [(6A)The elected members of the District Council shall hold office for a term of fiveyears from the date appointed for the first meeting of the Council after thegeneral elections to the Council, unless the District Council is soonerdissolved under paragraph 16 and a nominated member shall hold office at thepleasure of the Governor: Providedthat the said period of five years may, while a Proclamation of Emergency is inoperation or if circumstances exist which, in the opinion of the Governor,render the holding of elections impracticable, be extended by the Governor for aperiod not exceeding one year at a time and in any case where a Proclamation ofEmergency is in operation not extending beyond a period of six months after theProclamation has ceased to operate: Providedfurther that a member elected to fill a casual vacancy shall hold office onlyfor the remainder of the term of office of the member whom he replaces.] (7)The District or the Regional Council may after its first constitution make rules13 [with the approval of the Governor] with regard to the mattersspecified in sub- paragraph (6) of this paragraph and may also make rules 13 [withlike approval] regulating- (a)the formation of subordinate local Councils or Boards and their procedure andthe conduct of their business; and (b)generally all matters relating to the transaction of business pertaining to theadministration of the district or region, as the case may be: Providedthat until rules are made by the District or the Regional Council under thissub-paragraph the rules made by the Governor under sub-paragraph (6) of thisparagraph shall have effect in respect of elections to, the officers and staffof, and the procedure and the conduct of business in, each such Council. 14 [***] 3.Powers of the District Councils and Regional Councils to make laws (1)The Regional Council for an autonomous region in respect of all areas withinsuch region and the District Council for an autonomous district in respect ofall areas within the district except those which are under the authority ofRegional Councils, if any, within the district shall have power to make lawswith respect to- (a)the allotment, occupation or use, or the setting apart, of land, other than anyland which is a reservedforest for the purposes of agriculture or grazing or for residential or othernon-agricultural purposes or for any other purpose likely to promote theinterests of the inhabitants ofany village or town: Providedthat nothing in such laws shall prevent the compulsory acquisitionof any land, whether occupied or unoccupied, for public purposes 15 [bythe Governmentof the State concerned] in accordance with the law for the time being in forceauthorisingsuch acquisition; (b)the management of any forest not being a reserved forest; (c)the use of any canal or water-course for the purpose of agriculture; (d)the regulation of the practice of jhum or other forms of shifting cultivation; (e)the establishment of village or town committees or councils and their powers; (f)any other matter relating to village or town administration, including villageor town police and publichealth and sanitation; (g)the appointment or succession of Chiefs or Headmen; (h)the inheritance of property; 16 [(i)marriage and divorce;] (j)social customs. (2)In this paragraph, a reserved forest means any area which is a reserved forestunder the Assam Forest Regulation, 1891, or under any other law for the timebeing in force in the area in question. (3)All laws made under this paragraph shall be submitted forthwith to the Governorand, until assented to by him, shall have no effect17* . 4.Administration of justice in autonomous districts and autonomous regions (1)The Regional Council for an autonomous region in respect of areas within suchregion and the District Council for an autonomous district in respect of areaswithin the district other man those which are under the authority of theRegional Councils, if any, within the district may constitute village councilsor courts for the trial of suits and cases between the parties all of whombelong to Scheduled Tribes within such areas, other than suits and cases towhich the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply,to the exclusion of any court in the State, and may appoint suitable persons tobe members of such village councils or presiding officers of such courts, andmay also appoint such officers as may be necessary for the administration of thelaws made under paragraph 3 of this Schedule. (2)Notwithstanding anything in this Constitution, the Regional Council for anautonomous region or any court constituted in that behalf by the RegionalCouncil or, if in respect of any area within an autonomous district there is noRegional Council, the District Council for such district, or any courtconstituted in that behalf by the District Council, shall exercise the powers ofa court of appeal in respect of all suits and cases triable by a village councilor court constituted under sub- paragraph (1) of this paragraph within suchregion or area, as the case may be, other than those to which the provisions ofsub-paragraph (1) of paragraph 5 of this Schedule apply, and no other courtexcept the High Court and the Supreme Court shall have jurisdiction over suchsuits or cases. (3)The High Court 18 [***] shall have and exercise such jurisdiction overthe suits and cases to which the provisions of sub-paragraph (2) of thisparagraph apply as the Governor may from time to time by order specify. (4)A Regional Council or District Council, as the case may be, may with theprevious approval of the Governor make rules regulating- (a)the constitution of village councils and courts and the powers to be exercisedby them under thisparagraph; (b)the procedure to be followed by village councils or courts in the trial of suitsand cases under sub-paragraph(1) of this paragraph; (c)the procedure to be followed by the Regional or District Council or any courtconstituted by suchCouncil in appeals and other proceedings under sub- paragraph (2) of thisparagraph; (d)the enforcement of decisions and orders of such Councils and courts: (e)all other ancillary matters for the carrying out of the provisions ofsub- paragraphs (1) and (2) of thisparagraph. 7 [(5)On and from such date as the President may, 15 [after consulting theGovernment of the State concerned], by notification appoint in this behalf, thisparagraph shall have effect in relation to such autonomous district or region asmay be specified in the notification, as if- (i)in sub-paragraph (1), for the words "between the parties all of whom belongto Scheduled Tribes withinsuch areas, other than suits and cases to which the provisions of sub-paragraph(1) of paragraph5 of this Schedule apply,", the words "not being suits and cases ofthe nature referred toin sub- paragraph (1) of paragraph (5) of this Schedule, which the Governor mayspecify in thisbehalf," had been substituted; (ii)sub-paragraphs (2) and (3) had been omitted; (iii)in sub-paragraph (4)- (a)for the words "A Regional Council or District Council, as the case may be,may with theprevious approval of the Governor make rules regulating, the words "theGovernor maymake rules regulating* had been substituted; and (b)for clause (a), the following clause had been substituted, namely:- (a)the constitution of village councils and courts, the powers to be exercised bythem underthis paragraph and the courts to which appeals from the decisions of villagecouncilsand courts shall lie;" (c)for clause (c), the following clause had been substituted, namely:- "(c)the transfer of appeals and other proceedings pending before the Regional orDistrictCouncil or any court constituted by such Council immediately before the dateappointedby the President under sub-paragraph (5);" and (d)in clause (e), for the words, brackets and figures "sub-paragraphs (1) and(2)", the word, bracketsand figure "sub-paragraph (1)" had been substituted.]19 5.Conferment of powers under the Code of Civil Procedure, 1898 on theCode of Criminal Procedure, 189820 , on the Regional and DistrictCouncils and on certain courts and officers for the trial of certain suits,eases and offences (1)The Governor may, for the trial of suits or cases arising out of any law inforce in any autonomous district or region being a law specified in that behalfby the Governor, or for the trial of offences punishable with death,transportation for life, or imprisonment for a term of not less than five yearsunder the Indian Penal Code or under any other law for the time being applicableto such district or region, confer on the District Council or the RegionalCouncil having authority over such district or region or on courts constitutedby such District Council or on any officer appointed in that behalf by theGovernor, such powers under the Code of Civil Procedure, 1908, or, as the casemay be, the Code of Criminal Procedure, 189820 , as he deemsappropriate, and thereupon the said Council, courtor officer shall try the suits, cases or offences in exercise of the powers soconferred. (2)The Governor may withdraw or modify any of the powers conferred on a DistrictCouncil, Regional Council, court or officer under sub-paragraph (1) of thisparagraph. (3)Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908,and the Code of Criminal Procedure, 189820 ,shall not apply to the trial of any suits, cases or offences in an autonomousdistrict or in any autonomous region to which the provisions of this paragraphapply. 7 [(4)On and from the date appointed by the President under sub-paragraph (5) ofparagraph 4 in relation to any autonomous district or autonomous region, nothingcontained in this paragraph shall, in its application to that district orregion, be deemed to authorise the Governor to confer on the District Council orRegional Council or on courts constituted by the District Council any of thepowers referred to in sub-paragraph (1) of this paragraph.] 21 [6.Powers of the District Council to establish primary schools, etc. (1)The District Council for an autonomous district may establish, construct, ormanage primary schools, dispensaries, markets, 22 [cattle pounds],ferries, fisheries, roads, road transport and waterways in the district and may,with the previous approval of the Governor, make regulations for the regulationand control thereof and, in particular, may prescribe the language and themanner in which primary education shall be imparted in the primary schools inthe district. (2)The Governor may, with the consent of any District Council, entrust eitherconditionally or unconditionally to that Council or to its officers functions inrelation to agriculture, animal husbandry, community projects, co- operativesocieties, social welfare, village planning or any other matter to which theexecutive power of the State 23 [***] extends.] 7.District and Regional Funds (1)There shall be constituted for each autonomous district, a District Fund foreach autonomous region, a Regional Fund to which shall be credited all moneysreceived respectively by the District Council for that district and the RegionalCouncil for that region in the course of the administration of such district orregion, as the case may be, in accordance with the provisions of thisConstitution. 24 [(2)The Governor may make rules for the management of the District Fund, or, as thecase may be, the Regional Fund and for the procedure to be followed in respectof payment of money into the said Fund, the withdrawal of moneys therefrom, thecustody of moneys therein and any other matter connected with or ancillary tothe matters aforesaid. (3)The accounts of the District Council or, as the case may be, the RegionalCouncil shall be kept in such form as the Comptroller and Auditor-General ofIndia may, with the approval of the President, prescribe. (4)The Comptroller and Auditor-General shall cause the accounts of the District andRegional Councils to be audited in such manner as he may think fit, and thereports of the Comptroller and Auditor General relating to such accounts shallbe submitted to the Governor who shall cause them to be laid before theCouncil.] 8.Powers to assess and collect land revenue and to impose taxes (1)The Regional Council for an autonomous region in respect of all lands withinsuch region and the District Council for an autonomous district in respect ofall lands within the district except those which are in the areas under theauthority of Regional Councils, if any, within the district, shall have thepower to assess and collect revenue in respect of such lands in accordance withthe principles for the time being followed 15 [by the Government ofthe State in assessing lands for the purpose of land revenue in the Stategenerally]. (2)The Regional Council for an autonomous region in respect of areas within suchregion and the District Council for an autonomous district in respect of allareas in the district except those which are under the authority of RegionalCouncils, if any, within the district, shall have power to levy and collecttaxes on lands and buildings, and tolls on persons, resident within such areas. (3)The District Council for an autonomous district shall have the power to levy andcollect all or any of the following taxes within such district, that is tosay- (a)taxes on professions, trades, callings and employments; (b)taxes on animals, vehicles and boats; (c)taxes on the entry of goods into a market for sale therein, and tolls onpassengers and goods carriedin ferries; and (d)taxes for the maintenance of schools, dispensaries or roads. (4)A Regional Council or District Council, as the case may be, may make regulationsto provide for levy and collection of any of the taxes specified insub- paragraphs (2) and (3) of this paragraph 7 [and every suchregulation shall be submitted forthwith to the Governor and, until assented toby him, shall have no effect], 9.Licences or leases for the purpose of prospecting for, or extraction of,minerals (1)Such share of the royalties accruing each year from licences or leases for thepurpose of prospecting for, or the extraction of, minerals granted by 25 [theGovernment of the State]in respect of any area within an autonomous district asmay be agreed upon between 25 [the Government of the State] and theDistrict Court or such district shall be made over to that District Council. (2)If any dispute arises as to the share of such royalties to be made over to aDistrict Council, it shall be referred to the Governor for determination and theamount determined by the Governor in his discretion shall be deemed to be theamount payable under sub-paragraph (1) of this paragraph to the District Counciland the decision ofthe Governor shall be final.26 27 [10.Powerof District Council to make regulations for the control of money- lending andtrading by non-tribals (1)The District Council of an autonomous district may make regulations for theregulation and control of money-lending or trading within the district bypersons other than Scheduled Tribes resident in the district. (2)In particular and without prejudice to the generality of the foregoing power,such regulations may- (a)prescribe that no one except the holder of a licence issued in that behalf shallcarry on the businessof money-lending; (b)prescribe the maximum rate of interest which may be charged or be recovered by amoney-lender; (c)provide for the maintenance of accounts by money-lenders and for the inspectionof such accountsby officers appointed in that behalf by the District Council; (d)prescribe that no person who is not a member of the Scheduled Tribes resident inthe district shallcarry on wholesale or retail business in any commodity except under a licenceissued in thatbehalf by the District Council: Providedthat no regulations may be made under this paragraphunless they are passed by a majority of not less than three-fourths of the totalmembershipof the District Council: Providedfurther that it shall not be competent under any such regulations to refuse thegrant of a licence to a money-lender or a trader who has been carrying onbusiness within the district since before the time of making of suchregulations. (3)All regulations made under this paragraph shall be submitted forthwith to theGovernor and, until assented to by him, shall have no effect.28 11.Publication of laws, rules and regulations made under the Schedule Alllaws, rules and regulations made under this Schedule by a District Council or aRegional Council shall be published forthwith in the Official Gazette of theState and shall on such publication have the force of law. 29 [12.30 [Applicationof Acts of Parliament and of the Legislature of the State of Assam to autonomousdistricts and autonomous regions in the State of Assam] (1)Notwithstanding anything in this Constitution- (a)noAct of the 31 [Legislature of the State of Assam] in respect of any ofthe matters specified in paragraph3 of this Schedule as matters with respect to which a District Council or aRegional Councilmay make laws, and no Act of the 31 [Legislature of the State ofAssam] prohibiting or restrictingthe consumption of any non-distilled alcoholic liquor shall apply to anyautonomous districtor autonomous region 8 [in the State] unless in either case theDistrict Council for such districtor having jurisdiction over such region by public notification so directs, andthe District Councilin giving such direction with respect to any Act may direct that the Act shallin its applicationto such district or region or any part thereof have effect subject to suchexceptions ormodifications as it thinks fit;32 (b)the Governor may, by public notification, direct that any Act of Parliament orof the 31 [Legislatureof the State of Assam] to which the provisions of clause (a) of thissub-paragraph do not apply shall not apply to an autonomous district or anautonomous region 8 [inthat State], or shall apply to such district or region or any part thereofsubject to such exceptionsor modifications as he may specify in the notification. (2)Any direction given under sub-paragraph(1) of this paragraph may be given so as to have retrospective effect. 33 [12A.Application of Acts of Parliament and of the Legislature of the State ofMeghalaya to autonomous districts and autonomous regions in the State ofMeghalaya Notwithstandinganything in this Constitution,- (a)if any provision of a law made by a District or Regional Council in the State ofMeghalaya with respectto any matter specified in sub-paragraph (1) of paragraph 3 of this Schedule orif any provisionof any regulation made by a District Council or a Regional Council in that Stateunder paragraph8 or paragraph 10 of this Schedule, is repugnant to any provision of a law madeby theLegislature of the State of Meghalaya with respect to that matter, then, the lawor regulation madeby the District Council or, as the case may be, the Regional Council whethermade before orafter the law made by the Legislature of the Stale of Meghalaya, shall, to theextent of repugnancy,be void and the law made by the Legislature of the State of Meghalaya shallprevail; (b)the President may, with respect to any Act of Parliament, by notification,direct that it shall not apply to an autonomous district or an autonomous regionin the State of Meghalaya, or shall apply to such district or region or any partthereof subject to such exceptions or modifications as he may specify in thenotification and any such direction may be given so as to have retrospectiveeffect] 34 [12AA.Application of Acts of Parliament and of the Legislature of the State of Tripurato the autonomous district and autonomous regions in the State of Tripura Notwithstandinganything in this Constitution- (a)no Act of the Legislature of the State of Tripura in respect of any of thematters specified in paragraph 3 of this Schedule as matters with respect towhich a District Council or a Regional Council may make laws, and no Act of theLegislature of the State of Tripura prohibiting or restricting the consumptionof any non-distilled alcoholic liquor shall apply to the autonomous district oran autonomous region in that State unless, in either case, the District Councilfor that district or having jurisdiction over such region by public notificationso directs, and the District Council i n giving such direction with respect toany Act direct that the Act shall, in its application to that district or suchregion or any part thereof, have effect subject to such exceptions ormodifications as it thinks fit; (b)the Governor may, by public notification, direct that any Act of the Legislatureof the State of Tripura to which the provisions of clause (a) of thissub-paragraph do not apply, shall not apply to the autonomous district or anautonomous region in that State, or shall apply to that district or such region,or any part thereof, subject to such exceptions or modifications, as he mayspecify in the notification; (c)the President may, with respect to any Act of Parliament, by notification,direct that it shall not apply to the autonomous district or an autonomousregion in the State of Tripura, or shall apply to such district or region or anypart thereof, subject to such exceptions or modifications as he may specify inthe notification and any such direction may be given so as to have retrospectiveeffect. 3 5 [12B.Application of Acts of Parliament and of the Legislature of the Stateof Mizoram to autonomous districts and autonomous regions in the 36 [State]of Mizoram Notwithstandinganything in this Constitution,- (a)no Act of the Legislature of the State of Mizoram in respect of any of thematters specified in paragraph 3 of this Schedule as matters with respect towhich a District Council or a Regional Councilmay make laws, and no Act of Legislature of the State of Mizoram prohibiting orrestrictingthe consumption of any non-distilled alcoholic liquor shall apply to anyautonomous districtor autonomous region in that Slate unless, in either case, the District Councilfor such districtor having jurisdiction over such region, by public notification, so directs, andthe District Council,in giving such direction with respect to any Act, may direct that the Act shall,in its applicationto such district or region or any part thereof, have effect subject to suchexceptions ormodifications as it thinks fit; (b)the Governor may, by public notification, direct that any Act of the Legislatureof the State of Mizoramto which the provisions of clause (a) of this sub-paragraph do not apply, shallnot applyto an autonomous district or an autonomous region in that Stale, or shall applyto such districtor region, or any part thereof, subject to such exceptions or modifications, ashe may specifyin the notification; (c)the President may, with respect to any Act of Parliament, by notification,direct that it shall not applyto an autonomous district or an autonomous region in the State of Mizoram, orshall applyto such district or region or any part thereof, subject to such exceptions ormodifications ashe may specify in the notification and any such direction may be given so as tohave retrospectiveeffect.] 13.Estimated receipts and expenditure pertaining to autonomous districts to beshown separately in the annual financial statement Theestimated receipts and expenditure pertaining to an autonomous district whichare to be credited to, or is to be made from, the Consolidated Fund of the State18 [***] shall be first placed before the District Council fordiscussion and then after such discussion be shown separately in the annualfinancial statement of the State to be laid before the Legislature of the Stateunder article 202. 14.Appointment of Commission to inquire into and report on the administration ofautonomous districts and autonomous regions (1)The Governor may at any time appoint a Commission to examine and report on anymatter specified by him relating to the administration of the autonomousdistricts and autonomous regions in the State, including matters specified inclauses (c), (d), (e) and (f) of sub- paragraph (3) of paragraph 1 of thisSchedule, or may appoint a Commission to inquire into and report from time totime on the administration of autonomous districts and autonomous regions in theState generally and in particular on- (a)the provision of educational and medical facilities and communications in suchdistricts and regions; (b)the need for any new or special legislation in respect of such districts andregions; and (c)the administration of the laws, rules and regulations made by the District andRegional Councils;anddefine the procedure to be followed by such Commission. (2)The report of every such Commission with the recommendations of the Governorwith respect thereto shall be laid before the Legislature of the State by theMinister concerned together with an explanatory memorandum regarding the actionproposed to be taken thereon by 25 [the Government of the State].36 (3)In allocating the business of the Government of the State among his Ministersthe Governor may place one of his Ministers specially in charge of the welfareof the autonomous districts and autonomous regions in the State. 37 [15.Annulment or suspension of acts and resolutions of District and RegionalCouncils (1)If at any timethe Governor is satisfied that an act or resolution of a District or a RegionalCouncil is likely to endanger the safety of India 7 [or is likely tobe prejudicial to public order], he may annul or suspend such act or resolutionand take such steps as he may consider necessary (including the suspension ofthe Council and the assumption to himself of all or any of the powers vested inor exercisable by the Council) to prevent the commission or continuance of suchact, or the giving of effect to such resolution. (2)Any order made by the Governor under sub-paragraph (1) of this paragraphtogether with the reasons therefor shall be laid before the Legislature of theState as soon as possible and the order shall, unless revoked by the Legislatureof the State, continue in force for a period of twelve months from the date onwhich it was so made: Providedthat if and so often as a resolution approving the continuance in force of suchorder is passed by the Legislature of the State, the order shall unlesscancelled by the Governor continue in force for a further period of twelvemonths from the date on which under this paragraph it would otherwise haveceased to operate. 38 [16.Dissolution of a District or a Regional Council 39 [(1)]The Governor may on the recommendation of a Commission appointed under paragraph14 of this Schedule by public notification order the dissolution of a Districtor a Regional Council, and- (a)direct that a fresh general election shall be held immediately for thereconstitution of the Council,or (b)subject to the previous approval of the Legislature of the State assume theadministration of the areaunder the authority of such Council himself or place the administration of sucharea under theCommission appointed under the said paragraph or any other body consideredsuitable by himfor a period not exceeding twelve months: Providedthat when an order under clause (a) of this paragraph has been made, theGovernor may take the action referred to in clause (b) of this paragraph withregard to the administration of the area in question pending the reconstitutionof the Council on fresh general election: Providedfurther that no action shall be taken under clause (b) of this paragraph withoutgiving the District or the Regional Council, as the case may be, an opportunityof placing its views before the Legislature of the State. 7 [(2)If at any time the Governor is satisfied that a situation has arisen in whichthe administration of an autonomous district or region cannot be carried on inaccordance with the provisions of this Schedule, he may, by public notificationassume to himself all or any of the functions or powers vested in or exercisableby the District Council or, as the case may be, the Regional Council and declarethat such functions or powers shall be exercisable by such person or authorityas he may specify in this behalf, for a period not exceeding six months: Providedthat the Governor may by a further order or orders extend the operation of theinitial order by a period not exceeding six months on each occasion. (3)Every order made under sub-paragraph (2) of this paragraph with the reasonstherefor shall be laid before the Legislature of the State and shall cease tooperate at the expiration of thirty days from the date on which the StateLegislature first sits after the issue of the orders, unless, before the expiryof that period it has been approved by the State Legislature.] 17.Exclusion of areas from autonomous districts in forming constituencies in suchdistricts Forthe purposes of elections to 40 [the Legislative Assembly of Assam orMeghalaya] 41 [or Tripura] 42 [or Mizoram], the Governor mayby order declare that any area within an autonomous district 8 [in theState of Assam or Meghalaya 8 [or Tripura] 42 [or Mizoram],as the case may be,] shall not form part of any constituency to fill a seat orseats in the Assembly reserved for any such district but shall form part of aconstituency to fill a seat or seats in the Assembly not so reserved to bespecified in the order.43 44 [***] 19.Transitional provisions (1)As soon as possible after the commencement of this Constitution the Governorshall take steps for the constitution of a District Council for each autonomousdistrict in the State under this Schedule and, until a District Council is soconstituted for an autonomous district, the administration of such districtshall be vested in the Governor and the following provisions shall apply to theadministration of the areas within such district instead of the foregoingprovisions of this Schedule, namely:- (a)no Act of Parliament or of the Legislature of the State shall apply to any sucharea unless the Governorby public notification so directs; and the Governor in giving such a directionwith respectto any Act may direct that the Act shall, in its application to the area or toany specified partthereof, have effect subject to such exceptions or modifications as he thinksfit; (b)the Governor may make regulations for the peace and good government of any sucharea and anyregulations so made may repeal or amend any Act of Parliament or of theLegislature of the Stateor any existing law which is for the time being applicable to such area. (2)Any direction given by the Governor under clause (a) of sub-paragraph (1) ofthis paragraph may be given so as to have retrospective effect. (3)All regulations made under clause (b) of sub-paragraph (1) of this paragraphshall be submitted forthwith to the President and, until assented to by him,shall have no effect.45 46 [20.Tribal areas (1)The areas specified in Parts I, II 41 [,IIA.] and III of the tablebelow shall respectively be the tribal areas within the State of Assam, theState of Meghalaya 41 [, the State of Tripura] and the 47 [State]of Mizoram. (2)48 [Any reference in Part I, Part II or Part III of the table below]to any district shall be construed as a reference to the territories comprisedwithin the autonomous district of that name existing immediately before the dayappointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation)Act, 1971: Providedthat for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2), clauses (a), (b),and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph 8 and clause (d)of sub-paragraph (2) of paragraph 10 of this Schedule, no part of the areacomprised within the municipality of Shillong shall be deemed to be within the 49 [KhasiHills District]. 41 [(3)The reference in Part IIA in the table below to the Tripura Tribal AreasDistrict shall be construed as a reference to the territory comprising thetribal areas specified in the First Schedule to the Tripura Tribal AreasAutonomous District Council Act, 1979.] TABLE PARTI 1.The North Cachar Hills District. 2.50 [The Karbi Anglong District.] 3.51 [The Bodoland Territorial Areas District.] PARTII 52 [1.Khasi Hills District. 2.Jaintia Hills District.] 3.The Garo Hills District. 41 [PARTIIA TripuraTribal Areas District.] PARTIII 53 [***] 54 [1.The Chakma District. 55 [2.The Mara District. 3.The Lai District.]] 56 [20A.Dissolution of the Mizo District Council (1)Notwithstanding anything in this Schedule, the District Council of the MizoDistrict existing immediately before the prescribed date (hereinafter referredto as the Mizo District Council) shall stand dissolved and cease to exist. (2)The Administrator of the Union territory of Mizoram may, by one or more orders,provide for all or any of the following matters, namely:- (a)the transfer, in whole or in part, of the assets, rights and liabilities of theMizo District Council (includingthe rights and liabilities under any contract made by it) to the Union or to anyother authority; (b)the substitution of the Union or any other authority for the Mizo DistrictCouncil, or the additionof the Union or any other authority, as a party to any legal proceedings towhich the MizoDistrict Council is a party; (c)the transfer or re-employment of any employees of the Mizo District Council toor by the Union orany other authority, the terms and conditions of service applicable to suchemployees after suchtransfer or re-employment; (d)the continuance of any laws, made by the Mizo District Council and in forceimmediately before itsdissolution, subject to such adaptations and modifications, whether by way ofrepeal or amendment,as the Administrator may make in this behalf, until such laws are altered,repealed oramended by a competent Legislature or other competent authority; (e)such incidental, consequential and supplementary matters as the Administratorconsiders necessary. Explanation.-Inthis paragraph and in paragraph 20B of this Schedule, the expression prescribeddate means the date on which the Legislative Assembly of the Union territory ofMizoram is duly constituted under and in accordance with the provisions of theGovernment of Union Territories Act, 1963. 57 [20B.Autonomous regions in the Union territory of Mizoram to be autonomous districtsand transitory provisions consequent thereto (1)Notwithstanding anything in this Schedule,- (a)every autonomous region existing immediately before the prescribed date in theUnion territory ofMizoram shall, on and from that date, be an autonomous district in that Unionterritory (hereafterreferred to as the corresponding new district) and the Administrator thereofmay, by oneor more orders, direct that such consequential amendments as are necessary togive effect tothe provisions of this clause shall be made in paragraph 20 of this Schedule(including Part III ofthe table appended to that paragraph) and thereupon the said paragraph and thesaid Part III shallbe deemed to have been amended accordingly; (b)every Regional Council of an autonomous region in the Union territory of Mizoramexisting immediatelybefore the prescribed date (hereafter referred to as the existing RegionalCouncil) shall,on and from that date and until a District Council is duly constituted for thecorrespondingnew district, be deemed to be the District Council of that district (hereafterreferredto as the corresponding new District Council). (2)Every member whether elected or nominated of an existing Regional Council shallbe deemed to have been elected or, as the case may be, nominated to thecorresponding new District Council and shall hold office until a DistrictCouncil is duly constituted for the corresponding new district under thisSchedule. (3)Until rules are made under sub-paragraph (7) of paragraph 2 and sub- paragraph(4) of paragraph 4 of this Schedule by the corresponding new District Council,the rules made under the said provisions by the existing Regional Council and inforce immediately before the prescribed date shall have effect in relation tothe corresponding new District Council subject to such adaptations andmodifications as may be made therein by the Administrator of the Union territoryof Mizoram. (4)The Administrator of the Union territory of Mizoram may, by one or more orders,provide for all or any of the following matters, namely:- (a)the transfer in whole or in part of the assets, rights and liabilities of theexisting Regional Council(including the rights and liabilities under any contract made by it) to thecorresponding newDistrict Council; (b)the substitution of the corresponding new District Council for the existingRegional Council as aparty to the legal proceedings to which the existing Regional Council is aparty; (c)the transfer or re-employment of any employees of the existing Regional Councilto or by the correspondingnew District Council, the terms and conditions of service applicable to suchemployeesafter such transfer or re-employment; (d)the continuance of any laws made by the existing Regional Council and in forceimmediately beforethe prescribed date, subject to such adaptations and modifications, whether byway of repealor amendment, as the Administrator may make in this behalf until such laws arealtered, repealedor amended by a competent Legislature or other competent authority; (e)such incidental, consequential and supplementary matters as the Administratorconsiders necessary.58 59 [20C.Interpretation Subjectto any provision made in this behalf, the provisions of this Schedule shall, intheir application to the Union territory of Mizoram, have effect- (1)as if references to the Governor and Government of the State were references tothe Administrator of the Union territory appointed under article 239, referencesto State (except in the expression Government of the State) were references tothe Union territory of Mizoram and references to the State Legislature werereferences to the Legislative Assembly of the Union territory of Mizoram; (2)as if- (a)in sub-paragraph (5) of paragraph 4, the provision for consultation with theGovernment of the Stateconcerned had been omitted; (b)in sub-paragraph (2) of paragraph 6, for the words to which the executive powerof the State extends,the words with respect to which the Legislative Assembly of the Union territoryof Mizoramhas power to make laws had been substituted; (c)in paragraph 13, the words and figures under article 202 had been omitted.]] 21.Amendment of the Schedule (1)Parliament may from time to time by law amend by way of addition, variation orrepeal any of the provisions of this Schedule and, when the Schedule is soamended, any reference to this Schedule in this Constitution shall be construedas a reference to such Schedule as so amended. (2)No such law as is mentioned in sub-paragraph (1) of this paragraph shall bedeemed to be an amendment of this Constitution for the purposes of article 368. 1. Substitutedby the State of Mizoram Act, 1986 (34 of 1986), section 39(f), for "theState of Assam, Meghalaya and Tripura and in the Union Territory of Mizoram" (w.e.f. 20-2-1987). 2. Substitutedby the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section71(i) and Eighth Schedule, for "Assam" (w.e.f. 21-1-1972). 3. Substitutedby the Constitution (Forty-ninth Amendment) Act, 1984, section 4, for "andMeghalaya" (w.e.f. 1-4-1985). 4. Substitutedby the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section71(i) and Eighth Schedule, for "Part A" (w.e.f. 21-1-1972). 5. Substitutedby the Constitution (Forty-ninth Amendment) Act, 1984, section 4 for "Parts Iand II" (w.e.f. 1-4-1985). 6.Paragraph 1 has been amended in its application to the State of Assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003) so as to insert after sub-paragraph (2) the following proviso;namely:- "Providedthat nothing in this sub-paragraph shall apply to the Bodoland Territorial AreasDistrict." 7 . Insertedby the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), section 74 andFourth Schedule (w.e.f. 2-4-1970). 8.Inserted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),section 71(i) and English Schedule (w.e.f. 21-1-1972). 9.Substituted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969),section 74 and Fourth Schedule, for paragraph (1) (w.e.f. 2-4-1970). 10.Paragraph 2 has been amended in its application to the state of Assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003) so as to insert after sub-paragraph (1) the following proviso;namely:- "Providedthat the Bodoland Territorial Council shall consist of not more than forty- sixmembers of whom forty shall be elected on the basis of adult suffrage, of whomthirty shall be reserved for the Scheduled Tribes, five for non- tribalcommunities, five open for all communities and the remaining six shall benominated by the Governor having same rights and privileges as other members,including voting rights, from amongst the un-represented communities of theBodoland Territorial Areas District, of which at least two shall be women." 11.Paragraph 2 has been amended in its application to the state of Assam by theSixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), section 2(w.e.f. 12-9-1995) so as to insert sub-paragraph (3), the followingproviso; namely:- "Providedthat the District Council constituted for the North Cachar Hills District shallbe called as the North Cachar Hills Autonomous Council and the District Councilconstituted for the Karbi Anglong District shall be called as the Karbi AnglongAutonomous Council." *Paragraph 2 has been amended in its application to the State of assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003), so as to insert in sub-paragraph (3), after the proviso, thefollowing proviso, namely:-- "Providedfurther that the District Council constituted for the Bodoland Territorial AreasDistrict shall be called the Bodoland Territorial Council." 12.Inserted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969),section 74 and Fourth Schedule for "such Councils" (w.e.f. 2-4-1970). 13. Substitutedby the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), section 74 andFourth Schedule, for certain words (w.e.f. 2-4-1970). 14. Secondproviso omitted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969),section 74 and Fourth Schedule (w.e.f. 2-4-1970). 15. Substitutedby the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section71(i) and Eighth Schedule, for certain words ( w.e.f. 21-1-1972). 16. Substitutedby the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), section 74 andFourth Schedule, for clause (i) ( w.e.f. 2-4-1970). 17. Paragraph3 has been amended in its application to the State of Assam by the SixthSchedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2 (w.e.f.7-9-2003), so as to substitute for sub-paragraph (3), the followingsub- paragraph, namely:- "(3)Save asotherwise provided in sub-paragraph (2) of paragraph 3A or sub- paragraph (2) ofparagraph 3B, all laws made under this paragraph or sub- paragraph (1) ofparagraph 3A or sub-paragraph (1) or paragraph 3B shall be submitted forthwithto the Governor and, until assented to by him, shall have no effect." Earliersub-paragraph (3) was Substituted by the Sixth Schedule to the Constitution(Amendment) Act, 1995 (42 of 1995), section 2 (w.e.f. 12-9-1995), so as to readas under: "(3)Save as otherwise provided in sub-paragraph (2) of paragraph 3A, all laws madeunder this paragraph or sub-paragraph or sub-paragraph (1) of paragraph 3A shallbe submitted forthwith to the Governor and, until assented to by him, untilassented to by him, shall have no effect." *Afterparagraph 3, the following paragraph has been inserted in its application to theState of Assam by Sixth Schedule to the Constitution(Amendment) Act, 1995 (42 of 1995), section 2 (w.e.f. 12-9-1995), namely:- "3A.Additional powers of the North Cachar hills Autonomous Council and the KarbiAnglong Autonomous Council to make law.- (1)Without prejudice to the provisions of paragraph 3, the North Cachar HillsAutonomous Counci and the Karbi Anglong Autonomous Council within theirrespective districts, shall have power to make laws with respect to- (a)industries, subject to the provisions of entries 7 and 52 of List I of theSeventh Schedule; (b)communications, that is to say, roads, bridges, ferries and other means ofcommunication not specified in List I of the Seventh Schedule; municipaltramways, ropeways, inland waterways and traffic thereon subject to theprovisions of List I and List II of the Seventh Schedule with regard to suchwaterways; vehicles other than mechanically propelled vehicles; (c)preservation, protection and improvement of stock and prevention of animaldiseases; veterinary training and practice; cattle pounds; (d)primary and secondary education; (e)agriculture, including agriculture education and research, protection againstpests and prevention of plant diseases; (f)fisheries; (g)water, that is to say, water supplies, irrigation and canals, drainage andembankments, water storage and water power subject to the provisions of entry 56of List I of the Seventh Schedule; (h)social security and social insurance; employment and unemployment; (i)flood control schemes for protection of villages, paddy fields, markets, towns,etc. (not of technical nature); (j)theatre and dramatic performances, cinemas subject to the provisions of entry 60of List i of the Seventh Schedule; sports entertainments and amusements; (k)public health and sanitation, hospitals and dispensaries; (l)minor irrigation; (m)trade and commerce in, and the production, supply and distribution of, foodstuffs, cattle fodder, raw cotton and raw jute; (n)Libraries, museums and other similar institutions controlled or financed by theState; ancient and historical monuments and records other than those declared byor under any law made by Parliament to be of national importance; and (o)alienation of land. (2)All laws made by the North Cachar hills Autonomous Council and the Karbi AnglongAutonomous Council under paragraph 3 or under this paragraph shall, in so far asthey relate to matters specified in List III of the Seventh Schedule, besubmitted forthwith to the Governor who shall reserve the same for theconsideration of the President. (3)When a law is reserved for the consideration of the President, the Presidentshall declare either that he assents to the said law or that he withholds assenttherefrom: Providedthat the President may direct the Governor to return the law to the North CacharHills Autonomous Council or the Karbi Anglong Autonomous Council, as the casemay be, together with a message requesting that the said Council will reconsiderthe law or any specified provisions thereof and, in particular, will, considerthe desirability of introducing any such amendments as he may recommend in hismessage and, when the law is so returned, the said Council shall consider thelaw accordingly within a period of six months from the date of receipt of suchmessage and, if the law is again passes by the said Council with or withoutamendment it shall be presented again to the President for hisconsideration." *Afterparagraph 3A, the following paragraph has been inserted in its application tothe State of Assam by the Sixth Schedule to the Constitution (Amendment) Act,2003 (44 of 2003), section 2 (w.e.f. 7-9-2203), namely:- "3B.Additional powersof the BodolandTerritorial Council to make laws-- (1)Without prejudice to the provisions of paragraph 3,the BodolandTerritorial Council within its areasshall havepower to make laws with respect to:--(i) Agriculture, including agriculturaleducation and research, protection against pests and prevention of plantdiseases; (ii) Animal husbandry and verterinary, that is to say, preservation,protection and improvement of stock and prevention of animal diseases, veterinarytraining and practice, cattle pounds; (in) Co operation; (iv) Cultural affairs;(v) Education, that is to say, primary education, highersecondary including vocational training, adult education, college education(general); (vi) Fisheries; (vii) Flood control for protection of village, paddyfields, markets and towns (not of technical nature); (viii) Food and civilsupply; (ix) Forests (other than reserved forests); (x) Handloom and textile; (xi)Health and family welfare; (xii) Intoxicating liquors, opium and derivatives,subject tothe provisions of entry 84of List I of the Seventh Schedule; (xiii) Irrigation; (xiv) Labour andemployment; (xv) Land and Revenue; (xvi) Library services (financed andcontrolled by the State Government); (xvii) Lotteries (subject to the provisionsof entry 40of List I of the Seventh Schedule), theatres,dramaticperformances and cinemas (subject to the provisions of entry 60of List I of the Seventh Schedule); (xviii) Markets and fairs; (xix) Municipalcorporation,improvement trust, district boards andother localauthorities; (xx) Museum and archaeology institutions controlled or financed bythe State, ancient and historicalmonuments and recordsother thanthose declared by or under any law made by Parliament to be of nationalimportance; (xxi) Panchayat and rural development; (xxii) Planning anddevelopment; (xxiii) Printing and stationery; (xxiv) Public health engineering;(xxv) Public works department; (xxvi) Publicity and public relations; (xxvii)Registration of births and deaths; (xxviii) Relief and rehabilitation; (xxix)Sericulture; (xxx) Small, cottage and rural industrysubject tothe provisions of entries 7and 52 ofList I of the Seventh Schedule; (xxxi) Social welfare; (xxxii) Soilconservation; (xxxiii) Sports and youth welfare; (xxxiv) Statistics; (xxxv)Tourism; (xxxvi) Transport (roads, bridges, ferries andother meansof communications not specified in List I of the Seventh Schedule, municipaltramways, ropeways, inland waterways and traffic thereonsubject tothe provision of List I and List III of the Seventh Schedule with regard to suchwaterways, vehiclesother thanmechanicallypropelled vehicles); (xxxvii) Tribal research institute controlled and financedby the State Government; (xxxviii) Urban development--town and country planning;(xxxix) Weights and measuressubject to the provisions of entry 50of List I of the Seventh Schedule; and (xl) Welfare of plain tribes and backwardclasses: Providedthat nothing in such lawsshall-- (a)extinguish or modify the existing rights and privileges of any citizen inrespect of his landat the date of commencement of this Act; and (b)disallow any citizen From acquiring land either by way of inheritance,allotment, settlement or by anyother way oftransfer if such citizen isotherwiseeligible for such acquisition of land within the BodolandTerritorial Areas District. (2)All laws made under paragraph 3or under this paragraphshall in sofar as they relate to matters specified in List III of the Seventh Schedule, besubmittedforthwith to the Governor whoshall reservethe same for the consideration of the President. (3)When a law is reserved for the consideration of the President, the Presidentshall declareeither that he assents to the said law or that he withholds assent therefrom: Providedthat the President may direct the Governor to return the law to the BodolandTerritorial Council, together with the messagerequesting that the said Council will reconsider the law or any specifiedprovisions thereof and, in particular, will consider the desirability ofintroducing any such amendments as he may recommend in hismessage and, whenthe law is so returned the said Councilshallconsider the law accordingly within a period of six months from the date ofreceipt of such messageand, if the law is again passed by the said Council w ith or without amendment itshall bepresented Again to the President for hisconsideration." 18.The words "of Assam" omitted by the North-Eastern Areas (Reorganisation)Act, 1971 (81 of 1971), section 71(i) and Eighth Schedule (w.e.f. 21-1-1972). 19.Paragraph 4 has been amended in its application to the State of Assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003), so as to insert after sub-paragraph (5), the followingsub- paragraph, namely:- "(6)Nothing in this paragraph shall apply to the Bodoland Territorial Councilconstituted under the proviso to sub-paragraph (3) of paragraph 2 of thisSchedule." 20. Seenow theCode of Criminal Procedure, 1973 (2 of 1974). 21. Substituted bythe Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), section 74 andFourth Schedule, for paragraph 6 (w.e.f. 2-4-1970). 22. Substitutedby the Repealing and Amending Act, 1974 (56 of 1974), section 4, for "cattleponds". 23. The words "of Assam or Meghalaya, as the case may be" omitted by the North- Eastern Areas(Reorganisation) Act, 1971 (81 of 1971), section 71(i) and Eighth Schedule (w.e.f.21-1-1972). 24. Substituted bythe Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), section 74 andFourth Schedule, for sub-paragraph (2) (w.e.f. 2-4-1970). 25.Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),section 71(i) and Eighth Schedule for "the Government of Assam" (w.e.f.21- 1-1972). 26.Paragraph9 has been amended in its application to the States of Tripura and Mizoram bythe Sixth Schedule to the Constitution (Amendment) Act, 1988, (67 of 1988),section 2 (w.e.f. 16-12-1988), so as to insert after sub-paragraph (2), thefollowing sub-paragraph namely:- "(3)The Governor may, by order, direct that the share of royalties to be made overto a District Council under this paragraph shall be made over to that Councilwithin a period of one year from the date of any agreement under sub- paragraph(1) or, as the case may be, of any determination under sub-paragraph (2)." 27.Paragraph 10 has been amended in its application to the States of Tripuraand Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988, (67of 1988), section 2 (w.e.f. 16-12-1988), as under: (a)in the heading, the words "by non-tribals" shall be omitted; (b)in sub-paragraph (1), the words "other than Scheduled Tribes" shall beomitted ( c) i n sub-paragraph (2), for clause (d), the following clause shall be substituted,namely:- "(d)prescribe that no person resident in the district shall carry on any trade,whether wholesale or retail, except under a licence issued in that behalf by theDistrict Council." 28.Inparagraph 10 has been amended in its application to the State of Assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003), so as to insert after sub-paragraph (3), the followingsub- paragraph, namely:- "(4)Nothing in this paragraphshall applyto the BodolandTerritorial Council constituted under the proviso tosub-paragraph(3) ofparagraph 2of this Schedule." 29.Paragraph 12 has been amended in its application tothe State of Assam by the Sixth Schedule to the Constitution (Amendment) Act,1995 (42 of 1995), section 2 (w.e.f. 12-9-1995), so as to substitute insub-paragraph (1), for the words and figure "matters specified in paragraph3 of this Schedule", the words, figures and letter "matters specifiedin paragraph 3 or paragraph 3A of this Schedule". 30. Substituted bythe North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 71(i)and Eighth Schedule, for the heading (w.e.f. 21-1-1972). 31. Substituted bythe North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) section 71(i)and Eighth Schedule, for "Legislature of the State" (w.e.f.21-1-1972). 32.Paragraph 12 has been amended in its application to the State of Assam bythe Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003),section 2 (w.e.f. 7-9-2003), so as to substitute in sub-paragraph (1), in clause(a), for the words, figures and letter "matters specified in paragraph 3 orparagraph 3A of this Schedule "the words, figures and letters "mattersspecified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule". 33.Paragraph 12A inserted by the Assam Reorgnisation (Meghalaya) Act, 1969 (55of 1969), section 74 and Fourth Schedule (w.e.f. 2-4-1970) and Substituted bythe North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 71(i)and Eighth Schedule (w.e.f. 21-1-1972). 34. Substituted by the Sixth Schedule to the Constitution (Amendment) Act,1988 (67 of 1988), section 2 (w.e.f. 16-12-1988), for paragraphs 12AA and 12B.Earlier paragraph 12AA was inserted by the Constitution (Forty-ninth Amendment)Act, 1984, section 4 (w.e.f. 1-4-1985). 35.Paragraph 12B substituted by the North-Eastern (Reorganisation) Act, 1971(81 of 1971), section 71(i) and Eighth Schedule, for paragraph 12A (w.e.f.21-1-1972) and again substituted by the Government of Union Territories(Amendment) Act, 1971 (83 of 1971), section 13 (w.e.f. 29-4-1972) and furthersubstituted by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67of 1988), section 2 (w.e.f. 16-12-1988). 36. Paragraph 14 has been amended in its application to the State of Assam bythe Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995),section 2 (w.e.f. 12-9-1995), so as to omit in sub-paragraph (2), the words"with the recommendations of the Governor with respect thereto". 37. Paragraph 15 has been amended in its application to the State of Tripuraand Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67of 1998), section 2 (w.e.f. 16-12-1988), so as to- (a)In the subparagraph (2), substitute for the words "by the Legislature of the States",the words "by him". (b)the proviso shall be omitted. 38. Paragraph 16 has been amended in its application to the States of Tripuraand Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67of 1988), section 2 (w.e.f. 16-12-1988), as under:-- (a)in sub-paragraph (1), the words "subject to the previous approval of theLegislature of the State" occurring in clause (b), and the second provisoshall be omitted; ( b ) f o r sub-paragraph (3), the following sub-paragraph shall be substituted,namely:-- "(3)Every order made under sub-paragraph (1) or sub-paragraph (2) of this paragraph,along with the reasons therefore shall be laid before the Legislature of theState." 3 9 . Paragraph 16renumbered as sub-paragraph (1) thereof by the Assam Reorganisation (Meghalaya)Act, 1969 (55 of 1969), section 74 and Fourth Schedule, (w.e.f. 2-4-1970). 40. Substituted bythe North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), section 71(i)and Eighth Schedule, for "the Legislative Assembly of Assam" (w.e.f.21-1-1972). 41. Inserted by theConstitution (Forty-ninth Amendment) Act, 1984, section 4 (w.e.f. 1-4-1985). 42. Inserted by theState of Mizoram Act, 1986 (34 of 1986), section 39(f) ( w.e.f. 20-2-1987). 43.Paragraph 17 has been amended in its application to the State of Assam bythe Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003),section 2 (w.e.f. 7-9-2003), so as to insert the following proviso, namely:- "Providedthat nothing in this paragraph shall apply to the Bodoland Territorial AreasDistrict." 44. Paragraph 18omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),section, 71(i) and Eighth Schedule (w.e.f. 21-1-1972). 45.Paragraph 19 has been amended in its application to the State of Assam by theSixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), section 2(w.e.f. 7-9-2003), so as to insert after sub-paragraph (3), the followingsub- paragraph, namely:- "(4)As soon as possible after the commencement of this Act, an Interim ExecutiveCouncil for Bodoland Territorial Areas District in Assam shall be formed by theGovernor from amongst leaders of the Bodo movement, including the signatories tothe Memorandum of Settlement, and shall provide adequate representation to thenon-tribal communities in that area: Providedthat the Inter in Council shall for a period of six months during whichendeavour to hold the election to the Council shall be made. Explanation.-Forthe purposes of this sub-paragraph, the expression "Memorandum ofSettlement" means the Memorandum signed on the 10the day of February, 2003between Government of India, Government of Assam and Bodo Liberation Tigres." 46. Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of1971), section 71(i) and Eighth Schedule, for paragraph 20 and 20A (w.e.f.21-1-1972). Earlier paragraph 20A was inserted by the Assam Reorganisation (Meghalaya)Act, 1969 (55 of 1969), section 74 and Eighth Schedule (w.e.f. 2-4-1970). 47. Substituted bythe State of Mizoram Act, 1986 (34 of 1986), section 39(f), for "Unionterritory" (w.e.f. 20-2-1987). 48. Substituted bythe Constitution (Forty-ninth Amendment) Act, 1984, section 4 for "Anyreference in the table below" (w.e.f. 1-4-1985). 49.Substituted by the Government of Meghalaya Notification DCA 31/72/11, dated the14th June, 1973, published in the Gazette of Meghalaya, Pt. VA, dated 23rd June,1973, p. 200. 50. Substituted bythe Government of Assam Notification T-A D/R/115/74/47, dated 14th October,1976, for "The Mikir Hills District". 51. Inserted by the State of Assamby the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003),section 2. 52.Substituted by the Government of Meghalaya Notification DCA 31/72/11, dated the14th June, 1973, published in the Gazette of Meghalaya, Pt. VA, dated 23rd June,1973, p. 200. 53. The words"the Mizo District" omitted by the Government of Union Territories(Amendment) Act, 1971 (83 of 1971), section 13 (w.e.f. 29-4-1972). 54. Inserted by theMizoram District Councils (Miscellaneous Provisions) Order 1972, published inthe Mizoram Gazette, 1972, dated the 5th May, 1972, vol. 1, Pt. II, p. 17 (w.e.f.29-4-1972). 55. Substituted bythe Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988),section 2 (w.e.f. 16-12-1988), for serial numbers 2 and 3 and the entriesrelating thereto. 56.Paragraph 20A inserted by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of1969), section 74 and Fourth Schedule (w.e.f. 2-4-1970) and substituted by theGovernment of Union Territories (Amendment) Act, 1971 (83 of 1971), section 13 (w.e.f.29-4-1972). 57.Paragraph 20B substituted by the Government of Union Territories (Amendment)Act, 1971 (83 of 1971), section 13, for paragraph 20A (w.e.f. 29-4- 1972). 58. After paragraph20B, the following paragraph has been inserted in its application to the Stateof Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of1995), section 2 (w.e.f. 12-9-1995), namely:- "20BA.Exercise of discretionary powers by the Governor in the discharge of hisfunctions.-The Governor in the discharge of his functions under sub- paragraphs(2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A)excluding the first two proviso and sub-paragraph (7) of paragraph 2,sub- paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5,sub- paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7,sub-paragraph (4) of paragraph 8, sub-paragraph (3) of paragraph 9,sub-paragraph (3) of paragraph 10, sub-paragraph (1) of paragraph 14,sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16of this Schedule, shall, after consulting the Council of Ministers and the NorthCachar Hills Autonomous Council or the Karbi Anglong Autonomous Council, as thecase may be, take such action as he considers necessary in his discretion." Afterparagraph 20B, the following paragraph has been inserted in its application tothe State of Tripura and Mizoram, by the sixth Schedule to the Constitution(Amendment) Act, 1988 (67 of 1988), section 2 namely:- "20BB.Exercise of discretionary power by the Governor in the discharge of hisfunctions.-The Governor in the discharge of his functions under sub- paragraphs(2) and (3) of paragraph 1, sub-paragraphs (1) and (7) of paragraph 2,sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5,sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7,sub- paragraph (3) of sub-paragraph 9, sub-paragraph (1) of paragraph 14,sub- paragraph (1) of paragraph 15 and sub-paragraph (1) and (2) of paragraph 16of this Schedule, shall, after consulting the Council of Ministers, and if hethinks it necessary, the District Council or the Regional Council concerned,take such action as he considers necessary in his discretion." 59.Paragraph 20C substituted by the Government of Union Territories (Amendment)Act, 1971 (83 of 1971), section 13, for paragraph 20A (w.e.f. 29-4- 1972). SCHEDULE 7 SEVENTH SCHEDULE [Article 246] List I-Union List 1. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination of effective demobilisation. 2. Naval, military and air forces; any other armed forces of the Union. 1 [2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.] 3. Delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas. 4. Naval, military and air force works. 5. Arms, firearms, ammunition and explosives. 6. Atomic energy and mineral resources necessary for its production. 7. Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war. 8. Central Bureau of Intelligence and Investigation. 9. Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of India; persons subjected to such detention. 10. Foreign affairs; all matters which bring the Union into relation with any foreign country. 11. Diplomatic, consular and trade representation. 12. United Nations Organisation. 13. Participation in international conferences, associations and other bodies and implementing of decisions made thereat. 14. Entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries. 15. War and peace. 16. Foreign jurisdiction. 17. Citizenship, naturalisation and aliens. 18. Extradition. 19. Admission into, and emigration and expulsion from, India; passports and visas. 20. Pilgrimages to places outside India. 21. Piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air. 22. Railways. 23. Highways declared by or under law made by Parliament to be national highways. 24. Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways. 25. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by States and other agencies. 26. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft. 27. Ports declared by or under law made by Parliament or existing law to be major ports, including their delimitation and the constitution and powers of port authorities therein. 28. Port quarantine, including hospitals connected therewith; seamens and marine hospitals. 29. Airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by States and other agencies. 30. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels. 31. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication. 32. Property of the Union and the revenue therefrom, but as regards property situated in a State 2 [***] subject to legislation by the State, save in so far as Parliament by law otherwise provides. 3 [***] 34. Courts of wards for the estates of Rulers of Indian States. 35. Public debt of the Union. 36. Currency, coinage and legal tender; foreign exchange. 37. Foreign loans. 38. Reserve Bank of India. 39. Post Office Savings Bank. 40. Lotteries organised by the Government of India or the Government of a State. 41. Trade and commerce with foreign countries; import and export across customs frontiers; definition of customs frontiers. 42. Inter-State trade and commerce. 43. Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies. 44. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one State, but not including universities. 45. Banking. 46. Bills of exchange, cheques, promissory notes and other like instruments. 47. Insurance. 48. Stock exchanges and futures markets. 49. Patents, inventions and designs; copyright; trade-marks and merchandise marks. 50. Establishment of standards of weight and measure. 51. Establishment of standards of quality for goods to be exported out of India or transported from one State to another. 52. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest. 53. Regulation and development of oil fields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable. 54. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest. 55. Regulation of labour and safely in mines and oilfields. 56. Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest. 57. Fishing and fisheries beyond territorial waters. 58. Manufacture, supply and distribution of salt by Union agencies, regulation and control of manufacture, supply and distribution of salt by other agencies. 59. Cultivation, manufacture, and sale for export, of opium. 60. Sanctioning of cinematograph films for exhibition. 61. Industrial disputes concerning Union employees. 62. The institutions known at the commencement of this Constitution as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other like institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance. 63. The institutions known at the commencement of this Constitution as the Banaras Hindu University, the Aligarh Muslim University and the 4 [Delhi University; the University established in pursuance of article 371E;] any other institution declared by Parliament by law to be an institution of national importance. 64. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance. 65. Union agencies and institutions for- (a) professional, vocational or technical training, including the training of police officers; or (b) the promotion of special studies or research; or (c) scientific or technical assistance in the investigation or detection of crime. 6 6 . Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions. 67. Ancient and historical monuments and records, and archaeological sites and remains, 5 [declared by or under law made by Parliament] to be of national importance. 68. The Survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India; Meteorological organisations. 69. Census. 70. Union Public Services; All-India Services; Union Public Service Commission. 71. Union pensions, that is to say, pensions payable by the Government of India or out of the Consolidated Fund of India. 72. Elections to Parliament, to the Legislatures of States and to the offices of President and Vice-President; the Election Commission. 73. Salaries and allowances of members of Parliament, the Chairman and Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People. 74. Powers, privileges and immunities of each House of Parliament and of the members and the Committees of each House; enforcement of attendance of persons for giving evidence or producing documents before committees of Parliament or commissions appointed by Parliament. 75. Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and Governors; salaries and allowances of the Ministers for the Union: the salaries, allowances, and rights in respect of leave of absence and other conditions of service of the Comptroller and Auditor-General. 76. Audit of the accounts of the Union and of the States. 77. Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken therein; persons entitled to practise before the Supreme Court. 78. Constitution and Organisation 6 [(including vacations)] of the High Courts except provisions as to officers and servants of High Courts; persons entitled to practise before the High Courts. 7 [79. Extension of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a High Court from, any Union territory.] 80. Extension of the powers and jurisdiction of members of a police force belonging to any State to any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State. 81. Inter-State migration; inter-Stale quarantine. 82. Taxes on income other than agricultural income. 83. Duties of customs including export duties. 84. Duties of excise on tobacco and other goods manufactured or produced in India except- (a) alcoholic liquors for human consumption. (b) opium, Indian hemp and other narcotic drugs and narcotics, but including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry. 85. Corporation tax. 86. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies. 87. Estate duty in respect of property other than agricultural land. 88. Duties in respect of succession to property other than agricultural land. 89. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights. 90. Taxes other than stamp duties on transactions in stock exchanges and futures markets. 91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts. 92. Taxes on the sale or purchase of newspapers and on advertisements published therein. 8 [92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce.] 9 [92B. Taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.] 10 [92C. Taxes on services.] 93. Offences against laws with respect to any of the matters in this List. 94. Inquiries, surveys and statistics for the purpose of any of the matters in this List. 95. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List; admiralty jurisdiction. 96. Fees in respect of any of the matters in this List, but not including fees taken in any court. 97. Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists. List II-State List 1. Public order (but not including 11 [the use of any naval, military or Air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof] in aid of the civil power). 12 [2. Police (including railway and village police) subject to the provisions of entry 2A of List I.] 3. 13 [***] Officers and servants of the High Court; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court. 4. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other States for the use of prisons and other institutions. 5. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration. 6. Public health and sanitation; hospitals and dispensaries. 7. Pilgrimages, other than pilgrimages to places outside India. 8 . Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors. 9. Relief of the disabled and unemployable. 10. Burials and burial grounds; cremations and cremation grounds. 1 4 [***] 12. Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those 5 [declared by or under law made by Parliament] to be of national importance. 13. Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles. 14. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases. 15. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice. 16. Pounds and the prevention of cattle trespass. 17. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I. 18. Land, that is to say, right in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization. 15 [***] 21. Fisheries. 22. Courts of wards subject to the provisions of entry 34 of List I; encumbered and attached estates. 23. Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union. 24. Industries subject to the provisions of 16 [entries 7 and 52] of List I. 25. Gas and gas-works. 26. Trade and commerce within the State subject to the provisions of entry 33 of List III. 27. Production, supply and distribution of goods subject to the provisions of entry 33 of List III. 28. Markets and fairs. 17 [***] 30. Money-lending and money-lenders; relief of agricultural indebtedness. 31. Inns and inn-keepers. 32. Incorporation, regulation and winding up of corporation, other than those specified in List I, and universities; unincorporated trading, literacy, scientific, religious and other societies and associations; co-operative societies. 33. Theaters and dramatic performances; cinemas subject to the provisions of entry 60 of List 1; sports, entertainments and amusements. 34. Betting and gambling. 35. Works, lands and buildings vested in or in the possession of the State. 18 [***] 37. Elections to the Legislature of the State subject to the provisions of any law made by Parliament. 38. Salaries and allowances of members of the Legislature of the State, of the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a Legislative Council, of the Chairman and Deputy Chairman thereof. 39. Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof, and, if there is a Legislative Council, of that Council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State. 40. Salaries and allowances of Ministers for the State. 41. Stale public services; State Public Service Commission. 42. State pensions, that is to say, pensions payable by the Slate or out of the Consolidated Fund of the State. 43. Public debt of the State. 44. Treasure trove. 4 5 . Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues. 46. Taxes on agricultural income. 47. Duties in respect of succession to agricultural land. 48. Estate duty in respect of agricultural land. 49. Taxes on lands and buildings. 50. Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development. 51. Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:- (a) alcoholic liquors for human consumption; (b) opium, Indian hemp and other narcotic drugs and narcotics; but not including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry. 52. Taxes on the entry of goods into a local area for consumption, use or sale therein. 53. Taxes on the consumption or sale of electricity. 19 [54. Taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92A of List I.] 55. Taxes on advertisements other than advertisements published in the newspapers 1 [and advertisements broadcast by radio or television]. 56. Taxes on goods and passengers carried by road or on inland waterways. 57. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of List III. 58. Taxes on animals and boats. 59. Tolls. 60. Taxes on professions, trades, callings and employments. 61. Captivation taxes. 62. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling. 63. Rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty. 64. Offences against laws with respect to any of the matters in this List. 65. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List. 66. Fees in respect of any of the matters in this List, but not including fees taken in any court. List III-Concurrent List 1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution, but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power. 2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution. 3. Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention. 4. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in entry 3 of this List. 5 . Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law. 6 . Transfer of property other than agricultural land; registration of deeds and documents. 7. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land. 8. Actionable wrongs. 9. Bankruptcy and insolvency. 10. Trust and Trustees. 11. Administrators-general and official trustees. 1 [11A. Administration of justice; constitution and organisation of all courts, except the Supreme Court and the High Courts.] 12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings. 13. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration. 14. Contempt of court, but not including contempt of the Supreme Court. 15. Vagrancy; nomadic and migratory tribes. 16. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients. 17. Prevention of cruelty to animals. 1 [17A. Forests. 17B. Protection of wild animals and birds.] 18. Adulteration of foodstuffs and other goods. 19. Drugs and poisons, subject to the provisions of entry 59 of List I with respect to opium. 20. Economic and social planning. 1 [20A. Population control and family planning.] 21. Commercial and industrial monopolies, combines and trusts. 22. Trade unions; industrial and labour disputes. 23. Social security and social insurance; employment and unemployment. 24. Welfare of labour including conditions of work, provident funds, employers liability, workmens compensation, invalidity and old age pensions and maternity benefits. 20 [25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.] 26. Legal, medical and other professions. 27. Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan. 28. Charities and charitable institutions, charitable and religious endowments and religious institutions. 29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants. 30. Vital statistics including registration of births and deaths. 31. Ports other than those declared by or under law made by Parliament or existing law to be major ports. 3 2 . Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways. 21 [33. Trade and commerce in, and the production, supply and distribution of,- (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products; (b) foodstuffs, including edible oilseeds and oils; (c) cattle fodder, including oilcakes and other concentrates; (d) raw cotton, whether ginned or unginned, and cotton seed; and (e) raw jute.] 1 [33A. Weights and measures except establishment of standards.] 34. Price control. 35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied. 36. Factories. 37. Boilers. 38. Electricity. 39. Newspapers, books and printing presses. 40. Archaeological sites and remains other than those 5 [declared by or under law made by Parliament] to be of national importance. 41. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property. 22 [42. Acquisition and requisitioning of property.] 43. Recovery in a Stale of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State. 44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty. 45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III. 46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List. 47. Fees in respect of any of the matters in this List, but not including fees taken in any court. 1. Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 57 (w.e.f. 3-1-1977). 2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule. 3. Entry 33 omitted by the Constitution (Seventh Amendment) Act, 1956, section 26. 4. Substituted by the Constitution (Thirty-second Amendment) Act, 1973, section 4, for "Delhi University and" (w.e.f. 1-7-1974). 5. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 27, for "declared by Parliament by law." 6. Inserted by the Constitution (Fifteenth Amendment) Act, 1963, section 12 (with retrospective effect). 7. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule, for entry 79. 8. Inserted by the Constitution (Sixth Amendment) Act, 1956, section 2 (w.e.f. 11- 6-1956). 9. Inserted by the Constitution (Forty-sixth Amendment) Act, 1982, section 5 (w.e.f. 2-2-1983). 10. Inserted by the Constitution (Eighty-eight Amendment) Act, 2003. 11. Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 57, for certain words (w.e.f. 3-1-1977). 12. Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 57, for entry 2 (w.e.f. 3-1-1977). 13. Certain words omitted by the Constitution (Forty-second (Amendment) Act, 1976, section 57 (w.e.f. 3-1-1977). 14. Entry 11 omitted by the Constitution (Forty-second Amendment) Act, 1976, section 57 (w.e.f. 3-1-1977). 15. Entries 19 and 20 omitted by the Constitution (Forty-second Amendment) Act, 1976, section 57 (w.e.f. 3-1-1977). 16. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 28, for "entry 52." 17. Entry 29 omitted by the Constitution (Forty-second Amendment) Act, 1976, section 57 (w.e.f. 3-1-1977). 18. Entry 36 omitted by the Constitution (Seventh Amendment) Act, 1956, section 26. 19. Substituted by the Constitution (Sixth Amendment) Act, 1956, section 2, for entry 54. 20. Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 57, for entry 25 (w.e.f. 3-1-1977). 21. Substituted by the Constitution (Third Amendment) Act, 1954, section 2, for entry 33. 22. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 26, for entry 42. SCHEDULE 8 EIGHTH SCHEDULE [Articles 344(1) and 351] Languages 1. Assamese. 2. Bengali. 1 [3. Bodo 4. Dogri.] 2[5.] Gujarati. 3[6.] Hindi. 3[7]. Kannada. 3[8.] Kashmiri. 4[3 [9.] Konkani.] 5[10. Mathilli.] 6[7 [11.]] Malayalam. 8[9 [12.] Manipuri.] 10[9 [13.]] Marathi. 11[9 [14.] Nepali.] 12[9 [15.]] 16[Odia] 12[9 [16.]] Punjabi. 12[9 [17.]] Sanskrit. 13[18. Santhali.] 12[14[19. Sindhi.] 12[15 [20.]] Tamil. 12[15 [21.]] Telugu. 12[15 [22.]] Urdu. 1. Inserted by the Constitution (Ninety-second Amendment) Act, 2003, section 2(a). 2. Entry 3 re-numbered as entry 5 by the Constitution (Ninety-second Amendment) Act, 2003, section 2(a). 3. Entries 4 to 7 re-numbered as entries 6 to 9 by the Constitution (Ninety-second Amendment) Act, 2003, section 2(b). 4. Inserted by the Constitution (Seventy-first Amendment) Act, 1992, section 2(a). 5. Inserted by the Constitution (Ninety-second Amendment) Act, 2003, section 2(c). 6. Entry 7 re-numbered as entry 8 by the Constitution (Seventy-first Amendment) Act, 1992, section 2(a) 7 . Entry 8 re-numbered as entry 11 by the Constitution (Ninety-second Amendment) Act, 2003, section 2(c). 8. Inserted by the Constitution (Seventy-first Amendment) Act, 1992, section 2(b). 9. Entries 9 to 14 re-numbered as entries 12 to 17 by the Constitution (Ninety- second Amendment) Act, 2003, section 2(d). 10. Entry 8 renumbered as entry 10 by the Constitution (Seventy-first Amendment) Act, 1992, section 2(b). 11. Inserted by the Constitution (Seventy-first Amendment) Act, 1992, section 2(c). 12. Entries 9 to 15 renumbered as entry 12 to 18 and entry 15 added by the Constitution (Twenty-first Amendment) Act, 1967, section 2(c). 13. Inserted by the Constitution (Ninety-second Amendment) Act, 2003, section 2(e). 14. Entry 15 re-numbered as entry 19 by the Constitution (Ninety-second Amendment) Act, 2003, section 2(e). 15. Entries 16 to 18 renumbered as entries 20 to 22 by the constitution (Ninety- second Amendment) Act, 2003, section 2(f). 16. Substituted by the Constitution (Ninety-Sixth Amendment) Act, 2011 previous text was: - " Oriya." SCHEDULE 9 NINTH SCHEDULE [Article31B] 1.The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950). 2The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948). 3.The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949). 4.The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949). 5.The Panch Mahals, Mehwassi Tenure Abolition Act, 1949 (Bombay Act LXIII of1949). 6.The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950). 7.The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 (Bombay Act LX of1950). 8.The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, AlienatedLands) Act, 1950 (Madhya Pradesh Act 1 of 1951). 9.The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (MadrasAct XXVI of 1948). 10.The Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950(Madras Act 1 of 1950). 11.The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar PradeshAct 1 of 1951). 12.The Hyderabad (Abolition of Jagirs) Regulation, 1358FC (No. LXIX of 1358,Fasli). 13.The Hyderabad Jagirs (Commutation) Regulation, 1359FC (No. XXV of 1359, Fasli). 2 [14.The Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act, 1950(Bihar Act XXXVIII of 1950). 15.The United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948(U.P. Act XXVI of 1948). 16.The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act LX of1948). 17.Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted bysection 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950). 18.The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951). 19.Chapter IIIA of the Industries (Development and Regulation) Act, 1951 (Act LXVof 1951), as inserted by section 13 of the Industries (Development andRegulation) Amendment Act, 1953 (Act XXVI of 1953). 20.The West Bengal Land Development and Planning Act, 1948 (West Bengal Act XXI of1948), as amended by West Bengal Act XXIX of 1951.] 3 [21.The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 (Andhra PradeshAct X of 1961).] 22.The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Validation)Act, 1961 (Andhra Pradesh Act XXI of 1961). 23.The Andhra Pradesh (Telangana Area) Ijara and Kowli Land Cancellation ofIrregular Pattas and Abolition of Concessional Assessment Act, 1961 (AndhraPradesh Act XXXVI of 1961). 24.The Assam State Acquisition of Lands belonging to Religious or CharitableInstitution of Public Nature Act, 1959 (Assam Act IX of 1961). 25.The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of 1954). 26.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of SurplusLand) Act, 1961 (Bihar Act XII of 1962), (except section 28 of this Act). 27.The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954 (Bombay Act 1 of1955). 28.The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957 (Bombay Act XVIII of1958). 29.The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay Act XCVIII of 1958). 30.The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (GujaratAct XVI of 1960). 31.The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI of 1961). 32.The Sagbara and Meshwassi Estates (Proprietary Rights Abolition, etc.)Regulation, 1962 (Gujarat Regulation 1 of 1962). 33.The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act XXXIII of1963), except in so far as this Act relates to an alienation referred to insub-clause (d) of clause (3) of section 2 thereof. 34.The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (MaharashtraAct XXVII of 1961). 35.The Hyderabad Tenancy and Agricultural Lands (Re-enactment, Validation andFurther Amendment) Act, 1961 (Maharashtra Act XLV of 1961). 36.The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad Act XXI of1950). 37.The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961). 38.The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961). 39.The Kerala Land Reforms Act, 1963 (Kerala Act 1 of 1964). 40.The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh Act XX of 1959). 41.The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (Madhya PradeshAct XX of 1960). 42.The Madras Cultivating Tenants Protection Act, 1955 (Madras Act XXV of 1955). 43.The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Madras Act XXIVof 1956). 44.The Madras Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961 (MadrasAct XXXVIII of 1961). 45.The Madras Public Trust (Regulation of Administration of Agricultural Lands)Act, 1961 (Madras Act LVII of 1961). 46.The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Madras ActLVIII of 1961). 47.The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952). 48.The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957). 49.The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961). 50.The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961 (Mysore ActXXXVI of 1961). 51.The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962). 52.The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960). 53.The Orissa Merged Territories (Village Offices Abolition) Act, 1963 (Orissa ActX of 1963). 54.The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953). 55.The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955). 56.The Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act VIII of1959). 57.The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (UttarPradesh Act XVII of 1960). 58.The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (UttarPradesh Act I of 1961). 59.The West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954). 60.The West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956). 61.The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954). 62.The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of I960). 63.The Manipur Land Revenue and Land Reforms Act, 1960 (Central Act 33 of 1960). 64.The Tripura Land Revenue and Land Reforms Act, 1960 (Central Act 43 of 1960). 4 [65.The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 1969). 66.The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971).] 5 [67.The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973(Andhra Pradesh Act I of 1973).] 68.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of SurplusLand) (Amendment) Act, 1972 (Bihar Act I of 1973). 69.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of SurplusLand) (Amendment) Act, 1973 (Bihar Act IX of 1973). 70.The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of 1972). 71.The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972 (Gujarat Act 2 of1974). 72.The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972). 73.The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal Pradesh Act 19of 1973). 74.The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972). 75.The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1972(Madhya Pradesh Act 12 of 1974). 76.The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1972(Madhya Pradesh Act 13 of 1974). 77.The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act I of 1974). 78.The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973). 79.The Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973(Rajasthan Act II of 1973). 80.The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969(Tamil Nadu Act 24 of 1969). 81.The West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act XXII of1972). 82.The West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act XXIIof 1964). 83.The West Bengal Estates Acquisition (Second Amendment) Act, 1973 (West BengalAct XXXIII of 1973). 84.The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972 (GujaratAct 5 of 1973). 85.The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of 1974). 86.The Tripura Land Revenue and Land Reforms (Second Amendment) Act, 1974 (TripuraAct 7 of 1974). 6 [7 [***] 88.The Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951). 89.The Requisitioning and Acquisition of Immovable Property Act, 1952 (Central Act30 of 1952). 90.The Mines and Minerals (Regulations and Development) Act, 1957 (Central Act 67of 1957). 91.The Monopolies and Restrictive Trade Practices Act, 1969 (Central Act 54 of1969). 7 [***] 93.The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central Act 64 of 1971). 94.The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of 1972). 95.The General Insurance Business (Nationalisation) Act, 1972 (Central Act 57 of1972). 96.The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 (CentralAct 58 of 1972). 97.The Sick Textile Undertakings (Taking Over of Management) Act, 1972 (Central Act72 of 1972). 98.The Coal Mines (Taking Over of Management) Act, 1973 (Central Act 15 of 1973). 99.The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973). 100.The Foreign Exchange Regulation Act, 1973 (Central Act 46 of 1973). 101.The Alcock Ashdown Company Limited (Acquisition of Undertakings) Act, 1973(Central Act 56 of 1973). 102.The Coal Mines (Conservation and Development) Act, 1974 (Central Act 28 of1974). 103.The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central Act 37 of1974). 104.The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 (Central Act 52 of 1974). 105.The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central Act 57 of1974). 106.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1964(Maharashtra Act XVI of 1965). 107.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1965(Maharashtra Act XXXII of 1965). 108.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1968(Maharashtra Act XVI of 1968). 109.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act.1968 (Maharashtra Act XXXIII of 1968). 110.The Maharashtra Agricultural Lands (Ceiling on Holdings) Amendment) Act, 1969(Maharashtra Act XXXVII of 1969), 111.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act,1969 (Maharashtra Act XXXVIII of 1969). 112.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1970(Maharashtra Act XXVII of 1970. 113.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1972(Maharashtra Act XIII of 1972). 114.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1973(Maharashtra Act L of 1973). 115.The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of 1965). 116.The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of 1967). 117.The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of 1967). 118.The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of 1969). 119.The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of 1970). 120.The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972(Uttar Pradesh Act 18 of 1973). 121.The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1974(Uttar Pradesh Act 2 of 1975). 122.The Tripura Land Revenue and Land Reforms (Third Amendment) Act, 1975 (TripuraAct 3 of 1975). 123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971). 124.The Dadra and Nagar Haveli Land Reforms (Amendment) Regulation, 1973 (5 of1973). 8 [125.Section 66A and Chapter IVA of the Motor Vehicles Act, 1939 (Central Act 4 of1939). 126. The Essential Commodities Act, 1955 (Central Act 10 of 1955). 127.The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act,1976 (Central Act 13 of 1976). 128.The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976). 129.The Conservation of Foreign Exchange and Prevention of Smuggling Activities(Amendment) Act, 1976 (Central Act 20 of 1976). 9 [** *] 131.The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of 1976). 132.The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976). 133.The Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976(Central Act 59 of 1976). 134.The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam Act 1 of 1957). 135.The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (BombayAct XCIX of 1958). 136.The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14 of 1973). 137.The Haryana Ceiling on Land Holdings (Amendment) Act, 1976 (Haryana Act 17 of1976). 138.The Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Himachal Pradesh Act 8of 1974). 139.The Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974(Himachal Pradesh Act 18 of 1974). 140.The Karnataka Land Reforms (Second Amendment and Miscellaneous Provisions) Act,1974 (Karnataka Act 31 of 1974). 141.The Karnataka Land Reforms (Second Amendment) Act, 1976 (Karnataka Act 27 of1976). 142.The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966). 143.The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969). 144.The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 o f 1969). 145.The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971 (Kerala Act20 of 1971). 146.The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Kerala Act 26 of1971). 147.The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974). 148.The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29 of 1974). 149.The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975). 150.The Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration ofAlienated Lands) Act, 1975 (Kerala Act 31 of 1975). 151.The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of 1976). 152.The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976). 153.The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974(Madhya Pradesh Act 20 of 1974). 154.The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1975(Madhya Pradesh Act 2 of 1976). 155.The West Khandesh Meshwari Estates (Proprietary Rights Abolition, etc.)Regulation, 1961 (Maharashtra Regulation 1 of 1962). 156.The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (MaharashtraAct XIV of 1975). 157.The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and(Amendment) Act, 1972 (Maharashtra Act XXI of 1975). 158.The Maharashtra Private Forests (Acquisition) Act, 1975 (Maharashtra Act XXIX of1975). 159.The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and(Amendment) Act, 1975 (Maharashtra Act XLVII of 1975). 160.The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975(Maharashtra Act II of 1976). 161.The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952). 162.The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954). 163.The Rajasthan Land Reforms and Acquisition of Landowners Estates Act, 1963(Rajasthan Act 11 of 1964). 164.The Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Act,1976 (Rajasthan Act 8 of 1976). 165.The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of 1976). 166.The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil NaduAct 17 of 1970). 167.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971(Tamil Nadu Act 41 of 1971). 168.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1972(Tamil Nadu Act 10 of 1972). 169.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act,1972 (Tamil Nadu Act 20 of 1972). 170.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act,1972 (Tamil Nadu Act 37 of 1972). 171.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act,1972 (Tamil Nadu Act 39 of 1972). 172.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act,1972, (Tamil Nadu Act 7 of 1974). 173.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth Amendment Act,1972 (Tamil Nadu Act 10 of 1974). 174.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1974(Tamil Nadu Act 15 of 1974). 175.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act,1974 (Tamil Nadu Act 30 of 1974). 176.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act,1974 (Tamil Nadu Act 32 of 1974). 177.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1975(Tamil Nadu Act 11 of 1975). 178.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act,1975 (Tamil Nadu Act 21 of 1975). 179.Amendments made to the Uttar Pradesh Zamindari Abolition and Land Reforms Act,1950 (Uttar Pradesh Act I of 1951) by the Uttar Pradesh Land Laws (Amendment)Act, 1971 (Uttar Pradesh Act 21 of 1971) and the Uttar Pradesh Land Laws(Amendment) Act, 1974 (Uttar Pradesh Act 34 of 1974). 180.The Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976(Uttar Pradesh Act 20 of 1976). 181.The West Bengal Land Reforms (Second Amendment) Act, 1972 (West Bengal ActXXVIII of 1972). 182.The West Bengal Restoration of Alienated Land Act, 1973 (West Bengal Act XXIIIof 1973). 183.The West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal Act XXXIII of1974). 184.The West Bengal Land Reforms (Amendment) Act, 1975 (West Bengal Act XXIII of1975). 185.The West Bengal Land Reforms (Amendment) Act, 1976 (West Bengal Act XII of1976). 186.The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central Act 15 of 1976). 187.The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Goa, Damanand Diu Act I of 1976). 188.The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973(Pondicherry Act 9 of 1974).] 10 [189.The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam Act XXIII of1971). 190.The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1974 (Assam ActXVIII of 1974). 191.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of SurplusLand) (Amendment) Amending Act, 1974 (Bihar Act 31 of 1975). 192.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of SurplusLand) (Amendment) Act, 1976 (Bihar Act 22 of 1976). 193.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of SurplusLand) (Amendment) Act, 1978 (Bihar Act VII of 1978). 194.The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of 1980). 195.The Haryana Ceiling on Land Holdings (Amendment) Act, 1977 (Haryana Act 14 of1977). 196.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1978(Tamil Nadu Act 25 of 1978). 197.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979(Tamil Nadu Act 11 of 1979). 198.The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978 (Uttar PradeshAct 15 of 1978). 199.The West Bengal Restoration of Alienated Land (Amendment) Act, 1978 (West BengalAct XXIV of 1978). 200.The West Bengal Restoration of Alienated Land (Amendment) Act, 1980 (West BengalAct LVI of 1980). 201.The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa, Daman and Diu Act 7of 1964). 202.The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) Act, 1976 (Goa,Daman and Diu Act 17 of 1976). 11 [203.The Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (AndhraPradesh Regulation I of 1959) 204.The Andhra Pradesh Scheduled Areas Laws (Extension and Amendment) Regulation,1963 (Andhra Pradesh Regulation 2 of 1963). 205.The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1970(Andhra Pradesh Regulation 1 of 1970). 206.The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1971(Andhra Pradesh Regulation 1 of 1971). 207.The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1978(Andhra Pradesh Regulation 1 of 1978). 208.The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885). 209.The Chhota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) (ChapterVIII-sections 46, 47, 48, 48A and 49; Chapter X-sections 71, 71A and 71B;and Chapter XVIII-sections 240, 241 and 242). 210.The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act 14of 1949) except section 53. 211.The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969). 212.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of SurplusLand) (Amendment) Act, 1982 (Bihar Act 55 of 1982). 213.The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of 1969). 214.The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37 of 1976). 215.The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976 (Presidents Act 43of 1976). 216.The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977 (Gujarat Act 27 of1977). 217.The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30 of 1977). 218.The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (Gujarat Act 37 of1980). 219.The Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment)Act, 1982 (Gujarat Act 8 of 1982). 220.The Himachal Pradesh Transfer of Land (Regulation) Act, 1968 (Himachal PradeshAct 15 of 1969). 221.The Himachal Pradesh Transfer of Land (Regulation) (Amendment) Act, 1986(Himachal Pradesh Act 16 of 1986). 222.The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer ofcertain Lands) Act, 1978 (Karnataka Act 2 of 1979). 223.The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978) 224.The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of 1981). 225.The Madhya Pradesh Land Revenue Code (Third Amendment) Act, 1976 (Madhya PradeshAct 61 of 1976). 226.The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 (Madhya Pradesh Act15 of 1980). 227.The Madhya Pradesh Akrishik Jot Uchachatam Seema Adhiniyam, 1981 (Madhya PradeshAct 11 of 1981). 228.The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1976(Madhya Pradesh Act I of 1984). 229.The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1984(Madhya Pradesh Act 14 of 1984). 230.The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1989(Madhya Pradesh Act 8 of 1989). 231.The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of 1966), sections36, 36A and 36B. 232.The Maharashtra Land Revenue Code and the Maharashtra Restoration of Lands toScheduled Tribes (Second Amendment) Act, 1976 (Maharashtra Act 30 of 1977). 233.The Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Mineralsin certain Lands Act, 1985 (Maharashtra Act 16 of 1985). 234.The Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes)Regulation, 1956 (Orissa Regulation 2 of 1956). 235.The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa Act 29 of 1976). 236.The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976). 237.The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa Act 44 of 1976). 238.The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act 12 of 1984). 239.The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of 1984). 240.The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of 1987). 241.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act,1979 (Tamil Nadu Act 8 of 1980). 242.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1980(Tamil Nadu Act 21 of 1980). 243.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1981(Tamil Nadu Act 59 of 1981). 244.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act,1983 (Tamil Nadu Act 2 of 1984). 245.The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh Act 20 of1982). 246.The West Bengal Land Reforms (Amendment) Act, 1965 (West Bengal Act 18 of 1965). 247.The West Bengal Land Reforms (Amendment) Act. 1966 (West Bengal Act 11 of 1966). 248.The West Bengal Land Reforms (Second Amendment) Act, 1969 (West Bengal Act 23 of1969). 249.The West Bengal Estate Acquisition (Amendment) Act, 1977 (West Bengal Act 36 of1977). 250.The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act 44 of 1979). 251.The West Bengal Land Reforms (Amendment) Act, 1980 (West Bengal Act 41 of 1980). 252.The West Bengal Land Holding Revenue (Amendment) Act, 1981 (West Bengal Act 33of 1981). 253.The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981 (West BengalAct 37 of 1981). 254.The West Bengal Land Holding Revenue (Amendment) Act, 1982 (West Bengal Act 23of 1982). 255.The Calcutta Thikka Tenancy (Acquisition and Regulation) (Amendment) Act, 1984(West Bengal Act 41 of 1984). 256.The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968). 257.The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1 of 1981).] 1 2 [257A.The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes(Reservation of Seats in Educational Institutions and of appointments or postsin the Services under the State) Act 1993 (Tamil Nadu Act 45 of 1994).] 13 [258.The Bihar Privileged persons Homestead Tenancy Act, 1947 (Bihar Act 4 of 1948). 259. The Bihar Consolidation of Holdings and Prevention of FragmentationAct, 1956 (Bihar Act 22 of 1956). 260.The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment)Act, 1970 (Bihar Act 7 of 1970). 261.The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1970 (Bihar Act9 of 1970). 262.The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment)Act, 1973 (Bihar Act 27 of 1975). 263.The Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment)Act, 1981 (Bihar Act 35 of 1982). 264.The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of SurplusLand) (Amendment) Act, 1987 (Bihar Act 21 of 1987). 265.The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1989 (Bihar Act11 of 1989). 266.The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990). 267.The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer ofCertain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of 1984). 268.The Kerala land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989). 269.The Kerala land Reforms (Second Amendment) Act, 1989 (KeralaAct 2 of 1990). 270.The Orissa Land Reforms (Amendment Act, 1989 (Orissa Act 9 of 1990). 271.The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979). 272.The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2 of 1987). 273.The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act 12 of 1989). 274.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1983(Tamil Nadu Act 3 of 1984). 275.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1986(Tamil Nadu Act 57 of 1986). 276.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act,1987 (Tamil Nadu Act 4 of 1988). 277.The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1989(Tamil Nadu Act 30 of 1989). 278.The West Bengal Land Reforms (Amendment) Act, 1981 (West Bengal Act 50 of 1981). 279.The West Bengal Land Reforms (Amendment) Act, 1986 (West Bengal Act 5 of 1986). 280.The West Bengal Land Reforms (Second Amendment) Act, 1986 (West Bengal Act 19 of1986). 281.The West Bengal Land Reforms (Third Amendment) Act, 1981 (West Bengal Act 35 of1986). 282.The West Bengal Land Reforms (Amendment) Act, 1989 (West Bengal Act 23 of 1989). 283.The West Bengal Land Reforms (Amendment) Act, 1990 (West Bengal Act 24 of 1990). 284.The West Bengal Land Reforms (Tribunal Act, 1991 (West Bengal Act 12 of 1991). Explanation.-Anyacquisition made under the Rajasthan Tenancy Act, 1955 (Rajasthan Act III of1955), in contravention of the second proviso to clause (1) of article 31 Ashall, to the extent of the contravention, be void.] 1.Addedby the Constitution (First Amendment) Act, 1951, section 14. 2. Addedby the Constitution (Fourth Amendment) Act, 1955, section 5. 3.Added by the Constitution (Seventeenth Amendment) Act, 1964, section 3. 4.Insertedby the Constitution (Twenty-ninth Amendment) Act, 1972, section 2. 5.Insertedby the Constitution (Thirty-fourth Amendment) Act, 1974, section 2. 6.Insertedby the Constitution (Thirty-ninth Amendment) Act, 1975, section 5. 7.Entry87 and 92 omitted by the Constitution (Forty-fourth Amendment) Act, 1978,section 44 (w.e.f. 20-6-1979). 8.Insertedby the Constitution (Fortieth Amendment) Act, 1976, section 3. 9.Entry 130 omitted by the Constitution(Forty-fourth Amendment) Act, 1978, section 44 (w.e.f. 20-6-1979). 10.Insertedby the Constitution (Forty-seventh Amendment) Act, 1984, section 2, (w.e.f.26-8-1984). 11.Insertedby the Constitution (Sixty-sixth Amendment) Act, 1990, section 2 (w.e.f.7-6-1990). 12.Inserted by the Constitution (Seventy-sixthAmendment) Act, 1994, section 2 (w.e.f. 31-8-1994). 13. Inserted by the Constitution (Seventy-eighthAmendment) Act, 1995 section 2 (w.e.f. 30-8- 1995). ponsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to the above Content. SCHEDULE 10 TENTH SCHEDULE [Articles 102(2) and 191(2)] PROVISIONS AS TO DISQUALIFICATION ON GROUND OF DEFECTION 1. Interpretation In this Schedule, unless the context otherwise requires,- (a) House means either House of Parliament or the Legislative Assembly or, as the case may be, either House of the Legislature of a State; (b) legislature party, in relation to a member of a House belonging to any political party in accordance with the provisions of paragraph 2 2 [***], or paragraph 4, means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the said provisions; (c) original political party, in relation to a member of a House, means the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2; (d) paragraph means a paragraph of this Schedule. 2. Disqualification on ground of defection (1) Subject to the provisions of 3 [paragraphs 4 and 5], a member of a House belonging to any political party shall be disqualified for being a member of the House- (a) if he has voluntarily gives up his membership of such political party; or (b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention. Explanation.-For the purposes of this sub-paragraph,- (a) an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member; (b) a nominated member of a House shall,- (i) where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party; (ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes, a member before the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188. (2) An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election. (3) A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188. (4) Notwithstanding anything contained in the foregoing provisions of this paragraph, a person who, on the commencement of the Constitution (Fifty-second Amendment) Act, 1985, is a member of a House (whether elected or nominated as such) shall,- (i) where he was a member of political party immediately before such commencement, be deemed, for the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such House as a candidate set up by such political party; (ii) in any other case, be deemed to be an elected member of the House who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub-paragraph (2) of this paragraph or, as the case may be, deemed to be a nominated member of the House for the purposes of sub- paragraph (3) of this paragraph. 4 [***] 4. Disqualification on ground of defection not to apply in case of merger (1) A member of a House shall not be disqualified under sub-paragraph (1) of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political party- (a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or (b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this sub-paragraph. (2) For the purposes of sub-paragraph (1) of this paragraph, the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger. 5. Exemption Notwithstanding anything contained in this Schedule, a person who has been elected to the office of the Speaker or the Deputy Speaker of the House of the People or the Deputy Chairman of the Council of States or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall not be disqualified under this Schedule,- (a) if he, by reason of his election to such office, voluntarily gives up the membership of the political party to which he belonged immediately before such election and does not, so long as he continues to hold such office thereafter, rejoin that political party or become a member of another political party; or (b) if he, having given up by reason of his election to such office his membership of the political party to which he belonged immediately before such election, rejoins such political party after he ceases to hold such office. 6. Decision on questions as to disqualification on ground of defection (1) If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final: Provided that where the question which has arisen is as to whether the Chairman or the Speaker of a House has become subject to such disqualification, the question shall be referred for the decision of such member of the House as the House may elect in this behalf and his decision shall be final. (2) All proceedings under sub-paragraph (1) of this paragraph in relation to any question as to disqualification of a member of a House under this Schedule shall be deemed to be proceedings in Parliament within the meaning of article 122 or, as the case may be, proceedings in the Legislature of a State within the meaning of article 212. 5 [7. Bar of jurisdiction of courts Notwithstanding anything in this Constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a House under this Schedule.] 8. Rules (1) Subject to the provisions of sub-paragraph (2) of this paragraph, the Chairman or the Speaker of a House may make rules for giving effect to the provisions of this Schedule, and in particular, and without prejudice to the generality of the foregoing, such rules may provide for- (a) the maintenance of registers or other records as to the political parties if any, to which different members of the House belong; (b) the report which the leader of a legislature party in relation to a member of a House shall furnish with regard to any condonation of the nature referred to in clause (b) of sub-paragraph (1) of paragraph 2 in respect of such member, the time within which and the authority to whom such report shall be furnished; (c) the reports which a political party shall furnish with regard to admission to such political party of any members of the House and the officer of the House to whom such reports shall be furnished; and (d) the procedure for deciding any question referred to in sub-paragraph (1) of paragraph 6 including the procedure for any inquiry which may be made for the purpose of deciding such question. (2) The rules made by the Chairman or the Speaker of a House under sub- paragraph (1) of this paragraph shall be laid as soon as may be after they are made before the House for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the House and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect. (3) The Chairman or the Speaker of a House may, without prejudice to the provisions of article 105 or, as the case may be, article 194, and to any other power which he may have under this Constitution direct that any wilful contravention by any person of the rules made under this paragraph may be dealt with in the same manner as a breach of privilege of the House.] 1. Added by the Constitution (Fifty-second Amendment) Act, 1985, section 6 (w.e.f. 1-3-1985). 2. The words "paragraph 3, or as the case may be" omitted by the Constitution (Ninety-first Amendment) Act, 2003 section 5(a) (w.e.f. 1-1-2004). 3 . Substituted by the Constitution (Ninety-first Amendment) Act, 2003, section 5(b), for "paragraph 3, 4 and 5" (w.e.f. 1-1-2004). 4. Paragraph 3 omitted by the Constitution (Ninety-first Amendment) Act, 2003, section 5(c) (w.e.f. 1-1-2004). Prior to omission paragraph 3 stood as under: 3. Disqualification on ground of defection not to apply in case of split.-- Where a member of a House makes a claim that he and any other members of his legislature party constitute the group representing a faction which has arisen as a result of a split in his original political party and such group consists of not less than one third of the members of such legislature party,-- (a) he shall not be disqualified under sub-paragraph (1) of paragraph 2 on the ground-- (i) that he has voluntarily given up his membership of his original political party; or (ii) that he has voted or abstained from voting in such House contrary to any direction issued by such party or by any person or authority authorised by it in that behalf without obtaining the prior permission of such party, person or authority and such voting or abstention has not been condoned by such party, person or authority within fifteen days from the date of such voting or abstention; and (b) from the time of such split, such faction shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this paragraph. 5 . Paragraph 7 declared invalid for want of ratification in accordance with the proviso to clause (2) of article 368 as per majority opinion in Kihoto Hollohon vs. Zachilhu and others (1992) 1 S.C.C. 309. SCHEDULE 11 ELEVENTH SCHEDULE 1. Added by the Constitution (Seventy-third Amendment) Act, 1992, section4 (w.e.f. 24-4-1993). [Article243G] 1. Agriculture, including agricultural extension. 2. Land improvement, implementation of land reforms, land consolidation and soil conservation. 3. Minor irrigation, water management and watershed development. 4. Animal husbandry, dairying and poultry. 5. Fisheries. 6. Social forestry and farm forestry. 7. Minor forest produce. 8. Small scale industries, including food processing industries. 9. Khadi, village and collage industries. 10. Rural housing. 11. Drinking water. 12. Fuel and fodder. 13. Roads, culverts, bridges, ferries, waterways and other means of communication. 14. Rural electrification, including distribution of electricity. 15. Non-conventional energy sources. 16. Poverty alleviation programme. 17. Education, including primary and secondary schools. 18. Technical training and vocational education. 19. Adult and non-formal education. 20. Libraries. 21. Cultural activities. 22. Markets and fairs. 23. Health and sanitation, including hospitals, primary health centres and dispensaries. 24. Family welfare. 25. Women and child development. 26. Social welfare, including welfare of the handicapped and mentally retarded. 27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes. 28. Public distribution system. 29. Maintenance of community assets. SCHEDULE 12 TWELFTH SCHEDULE 1. Inserted by the Constitution (Seventh-fourth Amendment) Act,1992 section 4 (w.e.f.1-6-1993). [Article243W] 1.Urban planning including town planning. 2.Regulation of land-use and construction of buildings. 3.Planning for economic and social development. 4.Roads and bridges. 5.Water supply for domestic, industrial and, commercial purposes. 6.Public health, sanitation conservancy and solid waste management. 7.Fire services. 8.Urban forestry protection of the environment and promotion of ecologicalaspects. 9.Safeguarding the interests of weaker sections of society, including thehandicapped and mentally retarded. 10.Slum improvement and upgradation. 11.Urban poverty alleviation. 12.Provision of urban amenities and facilities such as parks, gardens,play-grounds. 13.Promotion of cultural, educational and aesthetic aspects. 14.Burials and burial grounds; cremations, cremation grounds and electriccrematoriums. 15.Cattle ponds; prevention of cruelty to animals. 16.Vital statistics including registration of births and deaths. 17.Public amenities including street lighting, parking lots, bus stops and publicconveniences. 18.Regulation of slaughter houses and tanneries.