Professional Documents
Culture Documents
PREAMBLE
PART I
THE UNION AND ITS TERRITORY
1. Name and t er ri to ry of the Un ion. —(1 ) Indi a, tha t is Bha ra t, s ha ll be
a Un ion of St at es .
(2) The St at es a nd th e te rr itor ie s the re of sh al l b e a s sp ec if ie d in the Fi rs t
S che dule .
(3) The te rr ito ry of Ind ia sh al l c omp ri se —
(a ) the te rr ito rie s of the St at es ;
(b ) the Union t er rito ri es s pe ci fi ed in th e Fir st Sch edu le ; a nd
( c) such oth er t er rito ri es a s ma y be ac qui red .
2. A dmis si on or e st abli sh me nt of n ew S tat es . — Pa rli am en t ma y by la w
a dm it into the Un ion, or e st ab lis h, new St at es on su ch te rm s and condi tion s
a s it think s f it.
2A. [Si kk im to be a sso cia ted with the U nion. ] R ep. by the Cons titu tion
( Thir ty - si xth Am end men t) Ac t, 1975, s. 5 ( w. e. f. 26- 4-1975).
3. Fo rmat ion of n ew S tat es and alt er at ion of a re as , bounda ri es o r
na me s of ex is ting Sta te s. —P ar lia me nt m ay by l aw —
(a ) for m a new St at e by s ep ar at ion of t er ri tory fro m any Sta te or by
unit ing t wo or mo re Sta te s or pa rt s of St at es or by unit ing any t er ri tory
to a pa rt of a ny S ta te ;
(b ) inc re as e th e ar ea of a ny St at e;
( c) dim inis h th e ar ea of a ny St at e;
(d ) alt er th e bounda rie s of any Sta te ;
( e) alt er th e na me of any St at e:
Provid ed tha t no Bil l for the purpo se sh al l be introdu ce d in e ith er Hou se
of P arl ia me nt ex ce pt on th e re co mm end at ion of th e Pre si den t and unle ss ,
wh er e th e propos al con ta ined in the Bi ll affe ct s the a re a, boundar ie s or
n am e of any of th e St at es , th e Bi ll h as bee n re fe rr ed by the P re sid ent to the
L egi sl atu re of th at Sta te fo r expr es si ng its vi ew s the re on w ith in su ch
p eriod a s ma y be spe ci fi ed in the re fe re nc e or w ithin su ch fur the r per iod a s
th e Pre si den t m ay a llo w and the pe riod so spe ci fi ed or al low ed ha s expi red .
Exp lanation I. —In thi s ar ti cl e, in c la us es (a) to (e ) , “ St at e’’ includ es a
Un ion t er rito ry, but in the prov iso , “S ta te ’’ does not inc lude a Un ion
t er ri tory.
Exp lanation II. —Th e pow er con fe rr ed on P arl ia me nt by c la us e (a )
in clud es the powe r to fo rm a new Sta te or Un ion te rr ito ry by uniting a pa rt
of any St at e or U nion te rr itory to any othe r Sta te or Un ion t er ri tory.
4. La ws mad e unde r art ic le s 2 and 3 to p rovi de fo r t he a me ndmen t of
t he Fir st and th e Fou rt h S che du le s and s upp le me nt al , inc id en tal and
c ons eq ue nt ial ma tt er s. —(1 ) Any l aw r ef er re d to in ar ti cl e 2 or ar ti cl e 3
sh al l cont ain su ch provi sion s fo r the a me ndm en t of th e Fir st Sch edu le and
th e Fourth Sch edu le a s ma y be nec es sa ry to giv e effe ct to the provi sion s of
2
3 THE CONSTITUTION OF INDIA
PART II
CITIZENSHIP
5. Ci ti ze ns hip at th e co mmen ce me nt of th e Co ns ti tut ion. —A t th e
c om me nc em en t of thi s Cons ti tution , ev ery per son who has his domi ci le in
th e te rr itory of Indi a and—
(a ) who w as born in th e t er ri tory of Indi a; or
(b ) eith er of who se par ent s wa s born in th e te rr ito ry of Indi a; or
( c) who h as be en ordin ar ily re si den t in th e t er ri tory of India fo r not
l es s tha n f ive ye ar s i mm ed ia te ly pre ce ding su ch com me nc em en t,
sh al l be a ci tiz en of Indi a.
6. Rig ht s of c it iz en sh ip of c er ta in p er so ns who hav e mi gr at ed to
I ndia f ro m Pak is tan. —No tw ith st anding any thing in a rt ic le 5, a per son
who ha s mi gr at ed to th e te rri tory of Indi a fro m the t er rito ry now in clud ed
in Pak is tan sh al l be dee me d to b e a c it iz en of Indi a at the co mm en ce me nt
of thi s Cons titu tion if —
(a ) he or e ith er of his pa re nt s or any of his gr andpa re nt s wa s born in
Ind ia a s de fine d in the Gov er nm en t of Indi a Ac t, 1935 ( as or igin al ly
e na ct ed ); and
(b )( i) in the c as e wh er e such per son h as so mi gr at ed be for e th e
nin et ee nth d ay of Ju ly, 1948, he has be en ordin ar ily re sid ent in the
t er ri tory of India s inc e th e d at e of hi s mig ra tion, or
( ii) in the c as e wh er e such per son h as so mi gr at ed on or a ft er the
nin et ee nth day of July, 1948, he has b een r egi st er ed as a cit iz en of Indi a
by an offic er appoin ted in tha t b eha lf by th e Gove rnm en t of th e
Do mi nion of Ind ia on an appli ca ti on m ad e by hi m the re for to suc h
o ff ic er be for e th e co mm en ce me nt of this Cons titu tion in th e fo rm and
m ann er pr es cr ib ed by th at Gove rn me nt:
PART III
FUNDAMENTAL RIGHTS
G en er al
12. D ef in itio n. — In this P art , unl es s th e c ont ext othe rw is e r equi re s, “ the
St at e’’ in clud es the Gove rn me nt a nd Pa rli am en t of India and th e
Gov er nm en t a nd th e Leg is la tur e of e ac h of the St at es a nd a ll lo ca l or oth er
a uthor iti es w ithin th e t er ri tory of India or unde r th e con trol of the
Gov er nm en t of Indi a.
13. Law s in con si st en t w it h or in d eroga tion of the fun damen ta l
r igh ts . — (1) A ll l aw s in for ce in th e te rr ito ry of Indi a i mm ed ia te ly b efo re
th e co mm en ce me nt of this Cons titu tion, in so f ar as they ar e in cons is te nt
w ith th e prov is ions of this Pa rt, sha ll, to the ext ent of suc h inc ons is ten cy,
b e void.
(2) The St at e sha ll not ma ke any l aw wh ich t ake s aw ay or ab ridg es th e
r ights con fe rr ed by thi s P ar t and a ny la w m ad e in c ont rav ent ion of thi s
c la us e sha ll , to the e xte nt of th e cont ra ven tion, be void.
(3) In this a rt ic le , unle ss th e cont ext oth er wi se r equi re s, —
(a ) “ la w” in clude s any O rdin anc e, orde r, bye- la w, rule , r egul at ion,
noti fi ca tion , c us tom or us age h aving in th e te rr itory of Indi a the fo rc e of
l aw ;
(b ) “l aw s in for ce ” in clude s l aw s pa ss ed or ma de by a L egi sl atu re or
oth er co mp et ent au thor ity in th e te rri tory of Indi a befo re th e
c om me nc em en t of thi s Cons ti tution and not pr eviou sly r ep ea le d,
not with st and ing tha t any s uch la w or a ny pa rt th er eo f ma y not be then in
op er ation e ith er a t a ll or in p ar tic ula r ar ea s.
(4 ) No thing in thi s a rt ic le sha ll apply to any a me ndm en t of thi s
Con st itut ion m ad e unde r a rt ic le 368.
Righ t to Equal ity
14. E quali ty be fore law. — The St at e sha ll not deny to a ny p er son
e qua lity be for e the l aw or the equ al pro te ct ion of th e la ws w ithin th e
t er ri tory of India .
15. Prohi bit ion of d is cr imin atio n on groun ds of re li gio n, rac e, c as te ,
s ex o r plac e of bir th. — (1) Th e St at e sh al l not di sc ri min at e a ga ins t any
c it iz en on ground s only of re lig ion, ra ce , ca st e, sex , pl ac e of bir th or any
of th em .
(2) No ci ti ze n sh al l, on grounds only of r elig ion, r ac e, c as te , s ex, pla ce
of bir th or any of the m, b e s ubje ct to any di sab ili ty, lia bil ity, r es tr ic tion or
c ondit ion w ith re ga rd to—
(a ) ac ce ss to shops , public r es ta ur ant s, hote ls a nd pl ac es of public
e nte rt ai nm ent ; or
6
7 THE CONSTITUTION OF INDIA
body the reo f sha ll be a pe rson pro fe ss ing a pa rti cul ar r el igion or belonging
to a pa rti cul ar d enom ina tion.
17. Abol it ion of U ntou cha bil it y. —“ Un touch abi lity ’’ i s abo li she d and it s
pr ac ti ce in a ny for m i s fo rbidde n. The enfo rc em en t of any di sa bil ity a ri sing
out of “U ntouc hab ili ty’’ sh al l be an offen ce punish abl e in a cc or dan ce with
l aw.
18. A boli tion of ti tle s. — (1) No tit le , not be ing a m il it ary or ac ad em ic
di stin ct ion, sh all be con fe rr ed by th e Sta te .
(2) No ci ti ze n of Ind ia sh al l a cc ep t any tit le f rom a ny fo re ign Sta te .
(3) No pe rson who i s not a c it iz en of India sh al l, wh ile he hold s any
o ff ic e of prof it or t rus t und er the St at e, a cc ep t wi thout the con se nt of the
P re sid ent any ti tle f rom any for eign Sta te .
(4) No pe rson holding any o ffi ce of pro fi t or tru st unde r the St at e sha ll ,
w ithout th e cons en t of th e P re sid ent , a cc ep t any pr es en t, em olum en t, or
o ff ic e of any kind f rom or unde r any for eign St at e.
Righ t to F re edo m
19. P ro te ct io n of c er ta in righ ts reg ar di ng f re ed om of sp ee ch , et c. — (1 )
A ll ci ti ze ns sh al l h ave th e r ight —
(a ) to f re edo m of spe ec h and exp re ss ion;
(b ) to a ss em bl e p ea ce ab ly and wi thout ar ms ;
( c) to for m as so ci at ion s or union s;
(d ) to m ove f re el y th roughout the t er rito ry of Ind ia ;
( e) to re si de and s et tl e in any pa rt of the t er rito ry of Ind ia ; a nd
* * * * *
_______________________________________________
1.On the commencement of s. 3 of the Constitution (Forty-fourth Amendment) Act, 1978, art. 22 shall stand amended as
directed in s. 3 of that Act. For the text of s. 3 of that Act, see Appendix III.
10 THE CONSTITUTION OF INDIA
* * *
31. [ Com puls or y acqui si tion of p rope rt y. ] Rep . b y th e Cons titu tion
( For ty -fou rth Am endm en t) A ct , 1978, s. 6 ( w. e. f. 20- 6-1979).
Saving of Ce rta in Laws
31A. Saving of law s provid ing for acq uis it ion of e st at es , et c. —
(1 ) Not with st anding any thing cont ai ned in ar ti cl e 13, no l aw prov iding for
—
( a) the ac qui si tion by the St at e of any es ta te or of any righ ts th er ein
or th e e xtingu ish me nt or modi fi ca tion of any su ch right s, or
( b) the tak ing over of the m an age me nt of any prop er ty by the St at e
fo r a lim it ed pe riod eith er in th e publi c int er es t or in orde r to s ec ur e the
prop er m an ag em en t of th e prope rty, 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 ext ingui shm en t or m odif ic at ion of a ny r ight s of m an aging
a gen ts , s ec re ta ri es a nd t re as ur er s, m an aging dir ec to rs , di re ct or s or
m an ag er s of corpo ra tion s, or of a ny vot ing r ights of sh ar eho lde rs
th er eo f, or
( e ) th e ext ingui shm en t or m odif ic at ion of a ny righ ts a cc ru ing by
vi rtue of any agr ee me nt , l ea se or lic en ce fo r the purpos e of se ar ch ing
fo r, or w inning , a ny m ine ra l or min er al oil, or th e pre ma tu re t er mi na tion
or c an ce ll at ion of any su ch ag re em en t, le as e or li ce nc e,
sh al l be dee me d to be void on the ground tha t it is in cons is te nt w ith, or
t ake s a wa y or ab ridg es a ny of th e right s conf er re d by ar ti cl e 14 or ar ti cl e
19:
P rovide d th at wh er e su ch la w is a la w ma de by the L egis la tu re of a
St at e, the provis ions of thi s a rt ic le sha ll not apply th er et o unle ss su ch l aw,
h aving bee n r es er ve d for the con sid er at ion of the Pr es ide nt, ha s re ce iv ed
hi s as se nt :
Prov ided furth er tha t wh er e any l aw ma ke s a ny provi sion fo r th e
a cqu is ition by th e Sta te of any e st at e and wh er e any land co mp ri sed th er ein
i s held by a pe rs on und er his pe rson al c ult iva tion, it sh all not be la wf ul for
th e Sta te to ac qui re any por tion of s uch l and a s i s w ithin th e ce il ing li mi t
a ppli ca bl e to hi m under any l aw fo r th e tim e be ing in fo rc e or any building
or st ruc tur e s tand ing the re on or a ppurt en ant th er et o, unl es s th e l aw re la ting
to the a cqu is ition of suc h l and, building or st ruc tu re , prov ide s for pay me nt
of co mp ens at ion at a r at e whi ch sha ll not be le ss th an the ma rk et v alue
th er eo f.
(2) In this a rt ic le ,—
( a) th e exp re ss ion ‘‘e st at e’’ sh all , in r el at ion to any lo ca l a re a, hav e
th e sa me me an ing as th at exp re ss ion or its lo ca l equiv al en t h as in the
14 THE CONSTITUTION OF INDIA
____________________________________________
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “the principles specified in clause (b)
or clause (c) of article 39” (w.e.f. 3.1.1977). Section 4 has been declared invalid by the Supreme Court in
Minerva Mills Ltd. and others vs. Union of India and others (1980) s. 2, S.C.C. 591.
2. In Kesavananda Bharati vs. the State of Kerala (1973),Supp. S.C.R.1., the Supreme Court held the provisions in
italics to be invalid.
15 THE CONSTITUTION OF INDIA
(2) Th e Supr em e Cour t sh all have pow er to is sue dir ec tion s or orde rs or
w ri ts , in clud ing w ri ts in the na tur e of hab eas co rpus , mandamu s,
proh ibit ion, quo war ranto and c er ti ora ri , wh ich ev er ma y be a pprop ria te ,
fo r the en for ce me nt of any of the righ ts con fe rr ed by th is P art .
(3) Without pr ejudi ce to th e powe rs c onf er re d on the Supr em e Cou rt by
c la us es (1 ) and (2), P ar lia me nt m ay by l aw e mpo we r any oth er cou rt to
e xe rc is e with in the loc al lim it s of its juri sdi ct ion al l or a ny of th e pow er s
e xe rc is ab le by th e Supre me Cou rt under c lau se (2).
(4) Th e righ t gua ran te ed by thi s a rt ic le sha ll not be su sp ende d ex ce pt a s
oth er wi se provide d fo r by thi s Con st itut ion.
32A. [Con st itut ional val idit y of Sta te law s not to be con sid ered in
p roc ee ding s unde r ar ti cl e 32.] Rep . by th e Con st itut ion (Fo rt y- thi rd
A me ndm ent ) A ct, 1977, s. 3 (w.e .f. 13- 4-1978).
33. Po we r of Pa rl iamen t to mod ify th e rig ht s c onf er red by thi s Par t
in the ir appli cat ion to Force s, e tc . — Pa rli am en t m ay, by la w, det er mi ne to
wh at ext ent any of th e r ights con fe rr ed by thi s P ar t sha ll , in the ir
a ppli ca tion to, —
(a) th e m em be rs of the Ar me d For ce s; or
(b ) th e me mb er s of th e For ce s cha rg ed wi th the ma int en anc e of
publi c orde r; or
( c) pe rson s e mp loye d in any bur ea u or oth er org ani sa tion es ta bli sh ed
by the Sta te for purpos es of in te llig en ce or coun te r inte ll igen ce ; or
(d ) p er sons em ploy ed in, or in conne ct ion w ith, the
t el ec om mun ic at ion sy st em s se t up fo r the purpos es of any Forc e, bure au
or o rgan is at ion re fe rr ed to in c la us es (a ) to ( c ),
b e r es tr ic te d or ab roga te d so a s to ens ur e the prope r dis ch arge of th ei r
duti es and the ma in ten an ce of di sc iplin e am ong the m
34. R es tr ic ti on on righ ts c onf er re d by t his Pa rt w hil e ma rt ial law i s
in force in any a re a. — Not wi ths tand ing any thing in th e fo rego ing
prov is ions of this P ar t, Pa rli am en t ma y by la w inde mn ify any pe rson in the
s er vi ce of th e U nion or of a St at e or any othe r p er son in r es pe ct of any ac t
don e by him in conne ct ion wi th th e ma int en anc e or re st or at ion of ord er in
a ny ar ea w ithin the te rri tory of Indi a wh er e ma rt ia l l aw wa s in for ce or
v alid at e any se nt enc e pa ss ed , puni shm en t infl ic ted , fo rf ei tur e orde re d or
oth er a ct done unde r ma rt ia l la w in s uch a re a.
35. L egi sla tion to give e ff ec t to th e provi sion s of thi s Par t. —
No tw ith st anding any thing in thi s Cons titu tion, —
( a) P arl ia me nt sha ll h ave , and th e L egi sl atu re of a Sta te sha ll not
h ave , pow er to m ak e la ws —
( i) w ith re sp ec t to any of the m at te rs whi ch under c la us e (3) of
a rt ic le 16, cl au se (3) of ar ti cl e 32, a rt ic le 33 and a rti cl e 34 m ay be
prov ided fo r by la w ma de by P ar li am en t; and
16 THE CONSTITUTION OF INDIA
PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
17 THE CONSTITUTION OF INDIA
36. D ef in itio n. — In this P art , unl es s th e c ont ext othe rw is e r equi re s, ‘‘th e
St at e’’ ha s th e sa me m ea ning as in P ar t I II .
37. A ppli ca tion of th e pri nc ipl es c onta in ed in thi s Par t. — The
prov is ions con ta ined in this P ar t s ha ll not b e e nfo rc ea bl e by any cou rt, but
th e prin ci ple s the re in la id down ar e n eve rth el es s funda me nt al in the
gov ern anc e of the coun try and it sh all be th e duty of the St at e to a pply
th es e prin cip le s in ma king la ws .
38. S tat e to s ec ure a so ci al ord er for th e promot ion of w el fa re of th e
p eopl e. —(1 ) Th e S ta te sh al l s tr ive to prom ot e the we lf ar e of th e p eopl e by
s ec ur ing and prote ct ing as e ff ec ti ve ly a s it ma y a soc ia l orde r in w hic h
ju sti ce , so ci al , e cono mi c and polit ic al , sha ll info rm a ll th e in st itut ions of
th e nat iona l l if e.
(2) Th e St at e sh al l, in p art icu la r, s tr ive to mi nim is e the inequ al iti es in
in com e, a nd e nde avou r to e lim in at e inequ al iti es in s ta tus , f ac il it ie s and
oppor tunit ie s, not only a mong st indiv idua ls but al so am ongs t group s of
p eople r es iding in diffe re nt a re as or enga ged in diffe re nt vo ca tions .
39. Ce rt ai n pr inc ip le s of po lic y to b e fol low ed by t he Stat e. — The
St at e sh al l, in pa rt icu la r, dir ec t its poli cy tow ar ds s ec ur ing—
(a ) th at th e c iti ze ns , me n a nd wom en equ all y, hav e th e righ t to an
a dequ at e me an s of liv elihood ;
(b ) tha t th e owne rs hip and con trol of the m at er ia l r esou rc es of the
c om mun ity ar e so dis tribu te d a s be st to subs er ve th e c om mon good;
( c) that th e oper at ion of th e ec onom ic sy st em does not re su lt in th e
c onc ent ra tion of we al th a nd me an s of produc tion to the c om mon
d etr im en t;
(d ) that th er e is equ al pay fo r e qua l w ork for both me n and wom en ;
( e) that th e hea lth and st re ngth of work er s, m en and wo me n, and the
t ende r a ge of chi ldr en a re not abu se d and that ci tiz en s a re not fo rc ed by
e cono mi c ne ce ss it y to en te r avoc at ion s un suit ed to th ei r age or s tr ength;
( f) th at chi ldr en ar e given oppor tunit ie s and fa ci li tie s to deve lop in a
h ea lthy ma nne r and in c ondit ions of fr ee dom a nd dign ity and tha t
c hildhood and youth ar e prot ec te d a ga ins t exploi ta tion and ag ain st mo ra l
a nd m at er ia l ab andon me nt.
39A. Equa l jus ti ce and f re e lega l aid. —Th e Sta te sh al l se cu re th at the
op er ation of the leg al sys te m prom ote s just ic e, on a ba si s of e qua l
oppor tunity, and s ha ll, in par tic ul ar, provid e f re e l ega l a id, by su ita ble
l egi sl at ion or s ch em es or in any oth er wa y, to ensu re th at opportun iti es for
s ec ur ing ju sti ce ar e not deni ed to a ny ci ti ze n by re as on of e cono mi c or
17
oth er di sab ili ti es .
40. O rga nis atio n of vil lage pan chaya ts . — The St at e sha ll t ake s tep s to
o rga nis e vil lag e pan cha ya ts and endo w the m wi th such pow er s and
18 THE CONSTITUTION OF INDIA
a nd sc ie nti fi c lin es and sha ll, in pa rti cul ar, ta ke st eps for pr es er ving and
i mprov ing the bre ed s, and prohib iting th e s la ught er, of co ws a nd c al ve s and
oth er m il ch and draugh t c at tl e.
48A. P ro te ct io n and i mp ro ve me nt of e nvi ro nmen t and saf egua rd ing
of fo re st s and w il d li fe . — The St at e sha ll end ea vour to prot ec t and imp rove
th e envi ronm en t a nd to sa fe gu ard th e fo re st s and w ild lif e of the coun try.
49. Prot ec ti on of mon umen ts and pla ce s and obj ec ts of na tiona l
i mpo rt anc e. — It s ha ll be the obliga tion of the S ta te to prot ec t ev er y
m onum en t or pl ac e or obje ct of ar ti st ic or his tori c in te re st , de cl ar ed by or
und er l aw ma de by Pa rli am en t to b e of na tiona l i mpor ta nc e, fro m
spo li at ion, di sfigu re me nt , de st ruc tion, re mov al , dispo sa l or expor t, a s th e
c as e m ay b e.
50. S epa rat ion of j udi cia ry from ex ec ut ive . —Th e Sta te sh al l tak e st eps
to se pa ra te the judi ci ary f rom th e exe cu tiv e in th e publ ic s er vic es of the
St at e.
51. Promot ion of int er nat ional pea ce and s ec ur it y. — The Sta te sha ll
e nde avou r to —
(a ) promo te int er na tion al pe ac e and s ec ur ity;
(b ) ma in ta in ju st and honora bl e re la tion s b et we en na tions ;
( c) fo st er re spe ct fo r inte rn at iona l la w a nd tr ea ty obl iga tions in the
d ea lings of o rgan iz ed peop le s wi th on e a nothe r; a nd
(d ) enc our age s et tl em en t of in te rna tion al di spute s by a rbi tr at ion.
PART IVA
PART IVA
FUNDAMENTAL DUTIES
51A. Fun damen tal du tie s. — It sh all be th e duty of ev ery c iti ze n of Ind ia
—
20 THE CONSTITUTION OF INDIA
20
PART V
THE UNION
C H A P T E R I.—T H E E X E C U T I V E
The P re sid en t and Vi ce - Pres id ent
21 THE CONSTITUTION OF INDIA
(3) The election of the President shall be held in accordance with the system of
proportional representation by means of the single transferable vote and the voting at such
election shall be by secret ballot.
Explanation.— In this article, the expression ‘‘population’’ means the population as
ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this 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 2026 have been published, be construed as a reference to the 1971 census.
56. Term of office of President.—(1) The President shall hold office for a term of five
years from the date on which he enters upon his office:
Provided that—
(a ) the Pr es ide nt ma y, by w rit ing under hi s h and a ddr es se d to th e
Vic e- Pre si den t, re si gn hi s offic e;
(b ) the Pr es ide nt ma y, for viol at ion of th e Cons titu tion, be re mov ed
f rom o ff ic e by i mpe ac hm en t in th e ma nne r provid ed in a rt ic le 61;
( c) th e Pr es ide nt sh al l, not with st and ing the expi ra tion of his t er m,
c ontinu e to hold offi ce until his su cc es so r en te rs upon his offi ce .
(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to
clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.
57. Eligibility for re-election.—A person who holds, or who has held, office as President
shall, subject to the other provisions of this Constitution, be eligible for re-election to that
office.
58. Qualifications for election as President.—(1) No person shall be eligible for election
as President unless he—
(a ) is a ci ti ze n of Indi a,
(b ) has co mp le ted th e age of thi rty -fiv e ye ar s, and
( c) is qual if ied fo r e le ct ion as a m em be r of th e H ous e of the Peop le .
(2) A p er son sh al l not be e lig ibl e fo r el ec ti on as Pr es ide nt i f he hold s
a ny o ff ic e of prof it under th e G ove rnm en t of Ind ia or the Gov er nm en t of
a ny St at e or under any lo ca l or oth er au thor ity subj ec t to th e cont rol of any
of th e s ai d G ove rnm en ts .
Exp lanation .— Fo r th e purpos es of thi s ar ti cl e, a pe rson sh al l not be
d ee me d to hold a ny offi ce of pro fit by r ea so n only tha t he is th e Pr es id ent
or Vi ce - P re sid ent of the Un ion or th e Gove rnor of any St at e or i s a
Min is te r ei the r for the Un ion or fo r a ny St at e.
59. Cond it ions of P re si de nt 's off ic e. —(1 ) The P re sid en t sha ll not be a
m em be r of ei the r H ous e of P ar li am en t or of a Hou se of th e Le gis la tur e of
a ny Sta te , and if a me mb er of e ith er Hou se of Pa rl ia me nt or of a Hous e of
th e L egi sl atu re of any St at e be e le ct ed P re sid en t, he sha ll b e de em ed to
h ave va ca te d his se at in th at Hou se on th e dat e on wh ich he en te rs upon his
o ff ic e as Pre si den t.
23 THE CONSTITUTION OF INDIA
later than six months from, the date of occurrence of the vacancy; and the person elected to
fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the
full term of five years from the date on which he enters upon his office.
63. The Vice-President of India.—There shall be a Vice-President of India.
64. The Vice-President to be ex officio Chairman of the Council of States.—The Vice-
President shall be ex officio Chairman of the 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 article 65, he shall not perform the duties of the office of
Chairman of the Council of States and shall not be entitled to any salary or allowance payable
to the Chairman of the Council of States under article 97.
65. The Vice-President to act as President or to discharge his functions during casual vacancies in the
office, or during the absence, of President.— (1) In the event of the occurrence of any vacancy in the office of the
President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date
on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his
office.
(2) When the President is unable to discharge his functions owing to absence, illness or
any other cause, the Vice-President shall discharge his functions until the date on which the
President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while he is so acting as,
or discharging the functions of, President, have all the powers and immunities of the President
and be entitled to such emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made, such emoluments,
allowances and privileges as are specified in the Second Schedule.
66. Election of Vice-President.—(1) The Vice-President shall be elected by the members
of an electoral college consisting of the members of both Houses of Parliament in accordance
with the system of proportional representation by means of the single transferable vote and
the voting at such election shall be by secret ballot.
(2) Th e Vi ce - Pr es ide nt sh al l not be a m em be r of ei the r Hou se of
P ar lia me nt or of a Hou se of the L egi sl atu re of any St at e, and if a m em be r
of eith er Hou se of P arl ia me nt or of a Hous e of the Legi sl at ur e of a ny Sta te
b e el ec te d Vi ce - Pr es id ent , he sh al l be dee me d to have va ca te d his se at in
th at H ous e on th e dat e on wh ich he en te rs upon his o ff ic e as Vic e-
P re sid ent .
(3) No pe rson sh al l b e e lig ibl e for el ec ti on a s Vi ce - Pr es ide nt unle ss h e—
(a ) is a ci ti ze n of Indi a;
(b ) has co mp le ted th e age of thi rty -fiv e ye ar s; and
( c) is qual if ied fo r e le ct ion as a m em be r of th e Coun ci l of St at es .
(4) A per son sh al l not be el igibl e fo r e le ct ion a s Vi ce - Pr es id ent if he
hold s any offic e of prof it unde r th e Gove rn me nt of India or th e
Gov er nm en t of any Sta te or unde r any loc al or othe r au thori ty sub je ct to
th e cont rol of any of th e sa id Gove rn me nts .
25 THE CONSTITUTION OF INDIA
Counc il of Min is te rs
74. Co unc il of Min is te rs to aid and advi se Pres id en t. — (1) Th er e
sh al l be a Coun ci l of Mini st er s with the P ri me Mini st er at the h ead to aid
a nd advi se th e Pr es ide nt who sha ll, in the exe rc is e of hi s func tion s, a ct in
a cc or dan ce with su ch advi ce :
P rovide d th at th e P re sid ent m ay r equi re th e Coun ci l of Min is te rs to
r ec ons ide r su ch a dvi ce , e ithe r g ene ra lly or othe rw is e, and th e Pr es id ent
sh al l ac t in a cc or dan ce with th e a dvi ce t ende re d af te r suc h r ec ons ide ra ti on.
(2 ) Th e qu es tion whe th er any, a nd i f s o w ha t, advi ce w as tend er ed by
Min is te rs to the Pr es id ent sh al l not be inqui red into in any cour t.
75. O th er provi sion s as to Min is te rs .— (1 ) The P ri me Mini st er sha ll
b e a ppoint ed by the P re sid ent and th e oth er Min is te rs sh al l be appoin ted by
th e Pre si den t on the adv ic e of the Pr im e Mini st er.
(1A ) The tota l numb er of Min is te rs , inc luding th e P rim e Mini st er, in the
Coun ci l of Min is te rs sh al l not e xc ee d fif te en pe r ce nt. of the tot al nu mbe r
of m em be rs of th e Hous e of the P eople .
(1B ) A m em be r of ei the r Hous e of Pa rli am en t belong ing to any poli tic al
p arty who i s disqu al if ied for b eing a me mb er of th at H ous e und er
p ar agr aph 2 of th e Te nth Sch edul e sh al l a lso be di squa lif ie d to be
a ppoint ed as a Min is te r under c la us e (1) for dur at ion of th e p er iod
c om me nc ing f rom the dat e of his di squa li fi ca tion t ill the d ate on whi ch th e
t er m of his o ff ic e as suc h me mb er w ould exp ir e or w he re he c onte st s any
e le ct ion to e ith er Hous e of Pa rl ia me nt b efo re the expi ry of su ch p eriod , til l
th e dat e on whi ch he is de cl ar ed e le ct ed , w hic hev er i s ea rl ie r.
(2 ) The Min is te rs sh al l hold o ff ic e during the pl ea su re of the P re sid ent .
(3) The Counc il of Minis te rs sh al l be c oll ec ti ve ly re spon sib le to the
Hou se of th e Peop le .
(4 ) B ef or e a Minis te r ent er s upon hi s offi ce , the Pr es ide nt sha ll
a dm ini st er to him the o aths of o ff ic e a nd of s ec re cy ac co rd ing to the for ms
s et out for th e purpo se in th e Thi rd Sch edul e.
(5 ) A Mini st er who fo r a ny p eriod of six con se cu tiv e month s is not a
m em be r of ei the r H ous e of P ar li am en t sh al l at the expi ra tion of that per iod
c ea se to be a Mini st er.
(6) The sa la ri es and al low an ce s of Mini st er s sh al l be such as Pa rl ia me nt
m ay f rom ti me to ti me by l aw de te rm in e and, until P arl ia me nt so
d ete rm in es , sha ll be a s spe ci fi ed in the Se cond Sch edu le .
The Attorney-General for India
76. Attorney-General for India.—(1) The President shall appoint a person who is
qualified to be appointed a Judge of the Supreme Court to be Attorney- General for India.
(2) It shall be the duty of the Attorney-General to give advice to the Government of India
upon such legal matters, and to perform such other duties of a legal character, as may from
28 THE CONSTITUTION OF INDIA
time to time be referred or assigned to him by the President, and to discharge the functions
conferred on him by or under this Constitution or any other law for the time being in force.
(3) In the performance of his duties the Attorney-General shall have right of audience in
all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the President, and shall
receive such remuneration as the President may determine.
Conduct of Government Business
77. Conduct of business of the Government of India.—(1) All executive action of the
Government of India shall be expressed to be taken in the name of the President.
(2) Orders and other instruments made and executed in the name of the President shall be
authenticated in such manner as may be specified in rules to be made by the President, and
the validity of an order or instrument which is so authenticated shall 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.
* * * * *
78. Duties of Prime Minister as respects the furnishing of information to the
President, etc.—It shall be the duty of the Prime Minister—
(a) to c om mun ic at e to the P re sid ent al l de ci sion s of th e Coun ci l of
Min is te rs r el at ing to th e a dm ini st ra tion of the affa ir s of the Union and
propo sa ls fo r leg is la tion;
(b) to fu rnis h su ch info rm at ion r el at ing to th e ad min is tr at ion of th e
a ff ai rs of the Un ion a nd propo sa ls for leg is la tion as the Pr es ide nt ma y
c al l for ; a nd
(c ) if the Pr es id ent so re qui re s, to subm it for th e cons ide ra tion of
th e Coun ci l of Mini st er s any m at te r on wh ich a de ci sion has be en t aken
by a Minis te r but w hic h h as not bee n c ons ide re d by the Coun cil .
CHAPTER II.—PARLIAMENT
General
79. Constitution of Parliament.—There shall be a Parliament for the Union which shall
consist of the President and two Houses to be known respectively as the Council of States and
the House of the People.
80. Composition of the Council of States.—(1) The Council of States shall consist of—
(a) twelve members to be nominated by the President in accordance with the
provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of the States and of
the Union territories.
(2) The allocation of seats in the Council of States to be filled by representatives of the
States and of the Union territories shall be in accordance with the provisions in that behalf
contained in the Fourth Schedule.
29 THE CONSTITUTION OF INDIA
(3) The members to be nominated by the President under sub-clause (a) of clause (1)
shall consist of persons having special knowledge or practical experience in respect of such
matters as the following, namely:—
Literature, science, art and social service.
(4) The representatives of each State in the Council of States shall be elected by the
elected members of the Legislative Assembly of the State in accordance with the system of
proportional representation by means of the single transferable vote.
(5) The representatives of the Union territories in the Council of States shall be chosen in
such manner as Parliament may by law prescribe.
81. Composition of the House of the People.—(1) Subject to the provisions of article
331, the House of the People shall consist of—
(a) not more than five hundred and thirty members chosen by direct election from
territorial constituencies in the States, and
(b) not more than twenty members to represent the Union territories, chosen in such
manner as Parliament may by law provide.
(2) For the purposes of sub-clause (a) of clause (1),—
(a) there shall be allotted to each State a number of seats in the House of the People
in such manner that the ratio between that number and the population of the State is, so far
as practicable, the same for all States; and
(b) each State shall be divided into territorial constituencies in such manner that the
ratio between the population of each constituency and the number of seats allotted to it is,
so far as practicable, the same throughout the State:
Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the
purpose of allotment of seats in the House of the People to any State so long as the population
of that State does not exceed six millions.
(3) In this article, the expression “population” means the population as ascertained at the
last preceding census of which the relevant figures have been published:
Provided that the reference in this clause to the last preceding census of which the
relevant figures have been published shall, until the relevant figures for the first census taken
after the year 2026 have been published, be construed, —
(i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a
reference to the 1971 census; and
(ii) for the purposes of sub-clause (b) of clause (2) as a reference to the 2001 census.
82. Readjustment after each census.—Upon the completion of each census, the
allocation of seats in the House of the People to the States and the division of each State into
territorial constituencies shall be readjusted by such authority and in such manner as
Parliament may by law determine:
Provided that such readjustment shall not affect representation in the House of the People
until the dissolution of the then existing House:
30 THE CONSTITUTION OF INDIA
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 2026
have been published, it shall not be necessary to readjust—
(i) the allocation of seats in the House of 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 be readjusted
on the basis of the 2001 census,
under this article.
83. D ura tio n of Ho us es of Pa rlia me nt .— (1) Th e Counc il of Sta te s
sh al l not be subj ec t to di ss olut ion, but a s n ea rly a s poss ibl e one -thi rd of
th e m em be rs th er eo f sha ll re ti re as soon a s m ay be on the expi ra tion of
e ve ry s ec ond ye ar in ac co rd anc e with the prov is ions ma de in tha t beh al f by
P ar lia me nt by la w.
(2 ) The H ous e of the P eopl e, unl es s soone r di sso lve d, sh al l cont inue
fo r five y ea rs f rom th e dat e appoin ted fo r i ts fi rs t me et ing and no long er
a nd th e expi ra tion of the sa id pe riod of five y ea rs sh al l oper at e as a
di sso lution of the Hou se :
P rovide d tha t th e sa id p eriod ma y, w hil e a Proc la ma ti on of Em erge nc y
i s in ope ra tion , b e e xte nded by P ar li am en t by la w for a pe riod not
e xc ee ding one ye ar a t a t im e and not ext ending in any ca se beyond a per iod
of s ix m onths a ft er th e Pro cl am at ion ha s ce as ed to ope ra te .
84. Qua li fic atio n for me mb er sh ip of Parl iamen t. — A pe rson sha ll not
b e qu ali fi ed to be cho se n to fi ll a se at in P ar lia me nt unl es s he —
(a ) i s a cit iz en of Indi a, a nd ma ke s and sub sc ri be s be for e s om e
p er son a utho ris ed in tha t b eha lf by th e E le ct ion Com mi ss ion an oa th or
a ff ir ma ti on a cc or ding to th e fo rm se t out fo r th e purpos e in the Thi rd
S che dule ;
(b ) is , in the c as e of a s ea t in th e Counc il of Sta te s, not le ss than
thi rty ye ar s of age a nd, in th e ca se of a se at in the Hou se of th e Peopl e,
not le ss than tw enty - fiv e yea rs of ag e; a nd
( c) pos se ss es s uch oth er qual if ic at ions a s ma y be pre sc ri bed in tha t
b eha lf by or unde r a ny l aw m ad e by P ar lia me nt .
85. S es sio ns of Par lia me nt , proroga tion and dis sol utio n.— (1 ) Th e
P re sid ent sha ll f rom ti me to ti me su mm on e ac h Hou se of P ar lia me nt to
m ee t a t such ti me and pla ce as he think s fit , but s ix m onths s ha ll not
int er ven e b et we en i ts la st s it ting in one se ss ion and th e dat e a ppoint ed fo r
it s fi rs t s it ting in th e next se ss io n.
(2) The Pr es ide nt ma y fro m tim e to tim e—
(a ) prorogu e the Hou se s or ei the r Hous e;
(b ) dis solv e the Hou se of th e Peopl e.
31 THE CONSTITUTION OF INDIA
(3) Whe re th e P re sid en t h as unde r c la us e (1) noti fi ed his int ent ion of
su mm oning the Hous es to m ee t in a join t si tting , nei the r Hou se sh al l
pro ce ed fu rth er w ith the Bi ll, but the Pr es ide nt ma y at any ti me a ft er the
d ate of hi s not ifi ca ti on su mm on the Hou se s to me et in a join t sit ting for th e
purpo se sp ec if ie d in the notif ic at ion and , if h e doe s so , the Hous es sh al l
m ee t a cc ord ingly.
(4) I f a t the joint s itt ing of th e two Hous es the Bi ll, w ith suc h
a me nd me nt s, i f any, as ar e agr ee d to in join t si tting , is pas se d by a
m aj or ity of th e tot al numb er of me mb er s of both Hou se s pre se nt a nd
voting , it s ha ll be dee me d for th e purpo se s of this Cons titu tion to h ave
b een pa ss ed by both Hou se s:
Provid ed tha t at a joint s itt ing—
( a) if th e B ill, having bee n pa ss ed by one Hous e, has not be en
p as se d by the oth er Hous e with am en dm ent s a nd re turn ed to the H ous e
in whi ch it origin at ed , no am end me nt sh al l b e propo se d to th e B ill oth er
th an suc h a me nd me nt s ( if any ) as a re m ad e ne ce ss ar y by th e del ay in th e
p as sa ge of the B ill ;
( b) if the B ill has be en so pas se d and re turn ed, only such
a me nd me nt s a s a for es ai d sha ll be propos ed to the Bi ll and suc h oth er
a me nd me nt s as a re re le van t to th e ma tt er s wi th re sp ec t to whi ch th e
Hou se s have not ag re ed;
a nd the dec is ion of th e p er son pre si ding a s to the a me nd me nt s wh ich ar e
a dm is sib le unde r this c la us e sha ll be fin al .
(5) A joint s it ting m ay b e he ld unde r this ar ti cl e a nd a B ill pas se d
th er ea t, not with st anding th at a dis solu tion of the Hou se of the P eopl e has
int er ven ed s inc e the Pre si den t noti fie d his inte ntion to sum mon the H ous es
to me et the re in.
109. Spe ci al p ro ce du re in re sp ec t of Mone y Bi lls .— (1) A Money B ill
sh al l not be int roduc ed in the Coun cil of St at es .
(2) Af te r a Money Bi ll ha s b een pa ss ed by the Hou se of the P eopl e it
sh al l be tra ns mi tt ed to th e Counc il of Sta te s for it s re co mm en da tion s a nd
th e Counc il of Sta te s sh all w ithin a pe riod of four te en day s f rom the dat e
of its re ce ip t of th e Bi ll r etu rn the Bil l to th e Hou se of th e Peop le wi th its
r ec om me nd at ions and th e H ous e of th e Peop le m ay the re upon eith er a cc ep t
or r ej ec t al l or any of the r ec om me nd at ions of the Coun cil of St at es .
(3) If th e Hou se of th e P eople ac ce pt s any of th e r ec om me nd at ions of the
Coun ci l of St at es , th e Mon ey Bil l sh al l be d ee me d to h ave bee n pa ss ed by
both Hou se s wi th th e am en dm en ts re co mm en de d by the Counc il of Sta te s
a nd a cc ep te d by the Hou se of th e Peopl e.
(4) If th e Hou se of th e P eople doe s not a cc ep t any of the
r ec om me nd at ions of the Counc il of Sta te s, the Mon ey Bi ll s ha ll be dee me d
to h ave bee n pa ss ed by both Hou se s in the for m in w hic h it w as pa ss ed by
th e Hou se of th e P eople wi thout a ny of th e am en dm en ts re co mm end ed by
th e Counc il of Sta te s.
39 THE CONSTITUTION OF INDIA
(f) any sums required to satisfy any judgment, decree or award of any court or arbitral
tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law to be
so charged.
113. Procedure in Parliament with respect to estimates.—(1) So much of the estimates
as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted
to the vote of Parliament, but nothing in this clause shall be construed as preventing the
discussion in either House of Parliament of any of those estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the
form of demands for grants to the House of the People, and the House of the People shall
have power to assent, or to refuse to assent, to any demand, or to assent to any demand
subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the President.
114. Appropriation Bills.— (1) As soon as may be after the grants under article 113 have
been made by the House of the People, there shall be introduced a Bill to provide for the
appropriation out of the Consolidated Fund of India of all moneys required to meet—
(a) the grants so made by the House of th e Peopl e; a nd
(b) the expenditure charged on the Consolidated Fund of India but not exceeding in
any case the amount shown in the statement previously laid before Parliament.
(2) No amendment shall be proposed to any such Bill in either House of Parliament which
will have the effect of varying the amount or altering the destination of any grant so made or
of varying the amount of any expenditure charged on the Consolidated Fund of India, and the
decision of the person presiding as to whether an amendment is inadmissible under this clause
shall be final.
(3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from
the Consolidated Fund of India 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
article 114 to be expended for a particular service for the current financial year is found to
be insufficient for the purposes of that year or when a need has 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 both the Houses of Parliament another statement showing the
estimated amount of that expenditure or cause to be presented to the House of the People a
demand for such excess, as the case may be.
(2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such
statement and expenditure or demand and also to any law to be made authorising the
appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or
the grant in respect of such demand as they have effect in relation to the annual financial
statement and the expenditure mentioned therein or to a demand for a grant and the law to be
42 THE CONSTITUTION OF INDIA
made for the authorisation of appropriation of moneys out of the Consolidated Fund of India
to meet such expenditure or grant.
116. Votes on account, votes of credit and exceptional grants.—(1) Notwithstanding
anything in the foregoing provisions of this Chapter, the House of the People shall have
power—
(a) to make any grant in advance in res pe ct of th e es ti ma te d e xpend itu re for
a pa rt of a ny fin anc ia l y ea r pend ing the co mpl et ion of th e proc edu re
pr es cr ib ed in a rt ic le 113 for th e vot ing of su ch gran t and the pa ss ing of
th e la w in a cc ord an ce w ith th e prov is ions of ar ti cl e 114 in re la tion to
th at exp endi tur e;
( b) to m ak e a gran t fo r me et ing an unexp ec te d de ma nd upon the
r es our ce s of Indi a whe n on ac coun t of th e ma gnitud e or the inde fin ite
c ha ra ct er of th e se rvi ce the de ma nd ca nnot be st at ed wi th th e det ai ls
ord ina ri ly giv en in an annu al f inan ci al s ta te me nt ;
( c ) to m ak e an exc ep tion al gra nt whi ch for ms no pa rt of th e cur re nt
s er vi ce of any fin an ci al ye ar ;
a nd P ar lia me nt s ha ll have po we r to au thor is e by l aw th e w ithd ra wa l of
m oney s f rom the Conso lid at ed Fund of Ind ia for th e purpo se s for w hic h the
s ai d gr ant s ar e m ad e.
(2) The provi sion s of a rt ic le s 113 and 114 sh al l h ave e ff ec t in r el at ion to
th e ma king of any gran t und er cl au se (1 ) and to any l aw to be ma de und er
th at c la us e a s they h ave effe ct in re la tion to the m ak ing of a gra nt w ith
r eg ard to any expe nditu re m en tion ed in th e a nnua l fina nc ia l st at em en t and
th e la w to be m ad e for th e a uthor is at ion of a pprop ria tion of mon eys out of
th e Conso lida te d Fund of Indi a to m ee t su ch exp enditu re .
117. Sp ec ial provi sion s as to fi nanc ial B ill s. — (1) A Bil l or a me ndm en t
m ak ing prov is ion for any of the ma tt er s sp ec if ie d in sub -c la us es ( a) to ( f )
of c lau se (1) of ar tic le 110 sh al l not be int roduc ed or move d e xc ept on th e
r ec om me nd at ion of th e P re sid en t a nd a B ill m aking su ch provi sion sh al l
not be int roduc ed in th e Counc il of Sta te s:
Provid ed tha t no re co mm en da tion sh all be r equi re d und er this c la us e for
th e moving of an am en dm en t m ak ing prov is ion for the r educ tion or
a boli tion of a ny t ax.
(2) A Bil l or a me ndm en t sha ll not be dee me d to m ak e provi sion fo r a ny
of the m at te rs a fo re sa id by r ea son only that it provid es fo r the impo si tion
of fin es or oth er pe cuni ar y p ena lti es , or for the de ma nd or paym en t of f ee s
fo r li ce nc es or f ee s for se rvi ce s rend er ed , or by re as on th at it provid es for
th e impo si tion, abo lit ion, re mi ss ion, a lt er at ion or r egul at ion of any t ax by
a ny lo ca l autho rity or body fo r lo ca l purpos es .
(3) A Bil l whi ch, if en ac te d a nd brought in to ope ra tion, w ould involv e
e xpend itur e f rom th e Cons olid at ed Fund of India sh all not be p as se d by
e ith er Hou se of P ar lia me nt unl es s th e P re sid ent ha s re co mm en de d to tha t
Hou se the con sid er at ion of th e Bil l.
43 THE CONSTITUTION OF INDIA
(2) No officer or member of Parliament in whom powers are vested by or under this
Constitution for regulating procedure or the conduct of business, or for maintaining order, in
Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of
those powers.
CHAPTER III—LEGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of Parliament.—(1)
If at any time, except when both Houses of Parliament are in session, the President is satisfied
that circumstances exist which render it necessary for him to take immediate action, he may
promulgate such 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) ma y b e w ithd ra wn at any ti me by the P re sid ent .
Exp lanation . — Whe re th e Hous es of P ar li am en t a re sum mo ned to
r ea ss em bl e on diffe re nt d ate s, th e per iod of s ix w ee ks sha ll be re ckon ed
f rom th e la te r of tho se d ate s fo r th e purpos es of thi s cl au se .
(3) I f a nd so f ar a s an Or dina nc e unde r th is ar ti cl e ma ke s any prov is ion
wh ic h P ar lia me nt w ould not unde r this Con st itut ion b e c omp et en t to en ac t,
it sh al l be void.
* * * * *
C H A P T E R IV.— T H E U N I O N J U D I C I A RY
124. Es tab lis hmen t and con st it utio n of Sup re me C our t. — (1 ) The re
sh al l be a Supr em e Cour t of Ind ia cons is ting of a Ch ie f Ju st ic e of India
a nd, unti l Pa rli am en t by l aw pre sc ri be s a la rg er numb er, of not m or e th an
s ev en 1 oth er Judg es .
(2) Ev ery Judg e of th e Supre me Cour t sha ll be appoin te d by the
P re sid ent by w ar ra nt under his h and and s ea l af te r con sul ta tion w ith such
of th e J udge s of th e Supr em e Cou rt and of th e High Cou rts in the St at es as
th e Pre si den t m ay d ee m ne ce ss ar y for th e purpos e and sha ll hold offi ce
unti l he att ai ns the a ge of six ty- five y ea rs :
Provid ed th at in the c as e of a ppoint me nt of a Judg e oth er than the Ch ie f
Ju st ic e, th e Chie f Ju sti ce of Ind ia sh al l al wa ys be con sul ted :
Provid ed fur the r tha t—
(a) a Judg e m ay, by wr iting under his h and add re ss ed to the Pre si den t,
re si gn hi s offic e;
(b) a Judg e ma y be re mov ed fro m his offi ce in th e ma nne r provide d in
cl au se (4 ).
45 THE CONSTITUTION OF INDIA
PART VI
THE STATES
C H A P T E R I.—G E N E R A L
152. De fi ni tion. — In this Pa rt, unl es s the c ont ext oth er wi se r equi re s, the
e xpr es sion “ St at e” do es not inc lude th e St at e of Ja mm u and K as hm ir.
C H A P T E R I I.— T H E E X E C U T I V E
The Go ve rno r
153. G ove rno rs of S tat es .— The re s ha ll be a Gove rno r fo r ea ch St at e:
Provid ed th at nothing in thi s a rt ic le sha ll pr ev ent the a ppoint me nt of the
s am e per son as G ove rnor fo r t wo or m or e Sta te s.
154. Exe cu tiv e po we r of S tat e. — (1) Th e ex ec utiv e po we r of th e St at e
sh al l be ves te d in the Gov er nor and sh al l b e e xe rc is ed by hi m ei the r
di re ct ly or th rough o ff ic er s subo rdin at e to hi m in a cc or dan ce with thi s
Con st itut ion.
(2) No thing in thi s ar ti cl e sha ll —
( a) be dee me d to t ra ns fe r to th e Gove rno r a ny fun ct ions con fe rr ed by
a ny e xis ting la w on any oth er au thori ty; or
( b) pr eve nt P arl ia me nt or the Leg is la tur e of the St at e fro m
c onf er ring by l aw func tion s on any au thor ity subo rdin at e to th e
Gov er nor.
155. Appo int me nt of G ove rno r. —Th e Gov er nor of a St at e sh al l be
a ppoint ed by the P re sid ent by w ar ra nt unde r his hand and se al .
156. Te rm of off ic e of Gov er nor.— (1 ) Th e G ove rnor sh al l hold o ffi ce
dur ing th e ple as ur e of th e Pr es ide nt.
(2) Th e Gov erno r m ay, by wr iting und er hi s hand addr es se d to the
P re sid ent , r es ign his o ff ic e.
(3) Subje ct to the for egoing prov is ions of thi s a rti cl e, a Gov er nor s ha ll
hold offi ce for a te rm of f ive ye ar s fro m th e d ate on whi ch he ent er s upon
hi s offic e:
Provid ed tha t a Gove rnor sh al l, notw iths ta nding the exp ir at ion of hi s
t er m, con tinu e to hold offi ce unt il his su cc es so r en te rs upon hi s offi ce .
157. Q ual ifi ca tion s for appoin tmen t as Gov er no r. — No pe rs on s ha ll be
e lig ible fo r appoin tm ent a s Gov erno r unle ss he i s a c it iz en of Indi a and has
c omp le te d th e age of thi rty -fiv e ye ar s.
158. Co ndi tion s of Gove rn or 's of fic e. — (1) The Gov erno r sha ll not be a
m em be r of ei the r H ous e of P ar li am en t or of a Hou se of th e Le gis la tur e of
a ny St at e sp ec if ie d in the Fi rs t Sch edul e, and if a me mb er of ei the r Hous e
of Pa rli am en t or of a Hou se of th e L egis la tu re of any su ch S ta te be
55
55 THE CONSTITUTION OF INDIA
c om me nc ing f rom the dat e of his di squa li fi ca tion t ill the d ate on whi ch th e
t er m of his o ff ic e as suc h me mb er w ould exp ir e or w he re he c onte st s any
e le ct ion to th e L egi sl at ive A ss em bl y of a Sta te or ei the r H ous e of th e
L egi sl atu re of a Sta te having Legi sl at ive Counc il , as the ca se m ay be,
b efo re the e xpiry of su ch pe riod, til l the dat e on whi ch h e is dec la re d
e le ct ed , w hic hev er i s ea rl ie r.
(2) Th e Counc il of Mini st er s s ha ll be col le ct ive ly r es pons ible to the
L egi sl at ive As se mb ly of the St at e.
(3) Be for e a Mini st er ent er s upon hi s offi ce , th e Gov er nor sh al l
a dm ini st er to him the o aths of o ff ic e a nd of s ec re cy ac co rd ing to the for ms
s et out for th e purpo se in th e Thi rd Sch edul e.
(4) A Minis te r w ho for any pe riod of six c ons ec ut ive month s i s not a
m em be r of the L egi sl atu re of th e St at e sh al l a t the exp ir at ion of th at per iod
c ea se to be a Mini st er.
(5) The sa la ri es and al low an ce s of Mini st er s sh al l b e su ch as the
L egi sl atu re of th e Sta te m ay f rom ti me to ti me by la w d ete rm in e a nd, unti l
th e Leg is la tur e of th e Sta te s o d ete rm in es , sha ll be a s spe ci fi ed in the
S ec ond S che dule .
Th e Ad voca te - Gen er al for th e State
165. Advo cat e- G en er al fo r th e S tat e. — (1 ) The G ove rnor of ea ch Sta te
sh al l appoin t a p er son w ho i s qual ifi ed to b e a ppoint ed a Judg e of a H igh
Cou rt to b e Advo ca te - G ene ra l fo r th e Sta te .
(2) It sh al l b e th e duty of th e Advo ca te - G ene ra l to give adv ic e to th e
Gov er nm en t of th e S ta te upon s uch l ega l m at te rs , and to per for m su ch othe r
duti es of a l ega l ch ar ac te r, a s ma y fro m ti me to ti me b e r ef er re d or
a ss ign ed to hi m by the Gov er nor, and to dis cha rg e th e func tion s c onf er re d
on hi m by or unde r thi s Con sti tution or any oth er la w fo r the tim e being in
fo rc e.
(3) Th e Advoc at e- Gen er al sh al l hold offi ce during the ple as ur e of th e
Gov er nor, and sh al l re ce iv e such re mun er at ion a s th e Gov er nor m ay
d ete rm in e.
Conduc t of Go ve rn me nt Bu sine ss
166. Co ndu ct of bus in es s of th e Gove rn me nt of a Sta te .— (1) Al l
e xe cut ive ac tion of the Gove rn me nt of a St at e sh al l b e expressed to be taken in
the name of the Governor.
(2) Orders and other instruments made and executed in the name of the Governor shall be
authenticated in such manner as may be specified in rules to be made by the Governor, and
the validity of an order 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
58 THE CONSTITUTION OF INDIA
far as it is not business with respect to which the Governor is by or under this Constitution
required to act in his discretion.
* * * * *
167. Duties of Chief Minister as respects the furnishing of information to Governor,
etc.—It shall be the duty of the Chief Minister of each State—
(a) to communicate to the Governor of the State all decisions of the Council of
Ministers relating to the administration of the affairs of the State and proposals for
legislation;
(b) to furnish such information relating to the administration of the affairs of the State
and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which has not
been considered by the Council.
CHAPTER III.—THE STATE LEGISLATURE
General
168. Constitution of Legislatures in States.—(1) For every State there shall be a
Legislature which shall consist of the Governor, and—
(a) in the States of Bihar, Maharashtra, Karnataka and Uttar Pradesh, two Houses;
(b) in other States, one House.
(2) Where there are two Houses of the Legislature of a State, one shall be known as the
Legislative Council and the other as the Legislative Assembly, and where there is only one
House, it shall be known as the Legislative Assembly.
169. Abolition or creation of Legislative Councils in States.—(1) Notwithstanding
anything in article 168, Parliament may by law provide for the abolition of the Legislative
Council of a State having such a Council or for the creation of such a Council in a State
having no such Council, if the Legislative Assembly of the State passes a resolution to that
effect by a majority of the tot al me mb er sh ip of th e A ss em bl y and by a ma jor ity
of not le ss than two -thi rds of the me mb er s of th e As se mb ly pr es en t and
voting .
(2) Any la w re fe rr ed to in c la us e (1) sh al l cont ain su ch provis ions fo r
th e a me ndm en t of th is Con st itut ion a s m ay be ne ce ss ar y to give effe ct to
th e provi sion s of the l aw and m ay al so c onta in su ch s upple me nt al ,
in cid ent al and con se que nti al provi sion s as P ar li am en t ma y d ee m ne ce ss ar y.
(3) No su ch la w as a fo re sa id sha ll be de em ed to be an a me ndm en t of thi s
Con st itut ion fo r the purpos es of ar tic le 368.
170. Compo si tion of th e L egi sla tive As se mb li es .— (1 ) Subj ec t to th e
prov is ions of ar ti cl e 333, th e Leg is la tive A ss em bl y of e ac h Sta te s ha ll
c ons is t of not mo re tha n fiv e hundr ed, a nd not le ss th an six ty, m em be rs
c hos en by dir ec t el ec ti on f rom t er ri tor ia l c ons titu en ci es in the St at e.
59 THE CONSTITUTION OF INDIA
in re la tion to eve ry su ch sit ting as they apply in re la tion to a sit ting fro m
wh ic h th e Spe ake r or, as th e ca se ma y be, th e D epu ty Sp ea ke r, is ab se nt.
(2) Th e Spe ak er sha ll have the right to spe ak in, and oth er wi se to t ake
p art in the proc ee ding s of, the L egi sl at ive As se mb ly wh il e any re solu tion
fo r hi s re mov al fro m o ff ic e i s unde r con sid er at ion in th e A ss em bl y and
sh al l, not wi ths tand ing anyth ing in a rt ic le 189, be en tit led to vote only in
th e fi rs t in st anc e on su ch r es olu tion or on any othe r ma tt er dur ing suc h
pro ce ed ings but not in th e c as e of a n e qua lity of vote s.
182. T he Chai rman and De pu ty Cha ir ma n of t he Leg is lativ e C oun ci l.
— The Leg is la tive Counc il of ev ery Sta te having suc h Counc il s ha ll, as
soon as ma y be , choo se two me mb er s of the Counc il to be r esp ec ti ve ly
Ch ai rm an and D eputy Ch ai rm an th er eof and , s o of ten a s the o ff ic e of
Ch ai rm an or De puty Cha ir ma n be com es va ca nt, the Coun ci l s ha ll choo se
a nothe r me mb er to b e Ch ai rm an or D eputy Ch ai rm an, a s the c as e m ay be .
183. Vaca tion and re si gn at ion of, and re mo va l f ro m, th e of fic es of
C hai rman and De puty C hair ma n. — A m em be r holding offi ce as Ch ai rm an
or D eputy Ch ai rm an of a Leg is la tiv e Counc il—
( a) sh al l va ca te his offi ce if h e ce as es to be a m em be r of the
Coun ci l;
( b) ma y a t any tim e by w ri ting unde r hi s hand addr es se d, i f su ch
m em be r is th e Ch ai rm an , to th e De puty Ch ai rm an , and if su ch m em be r is
th e De puty Cha ir ma n, to th e Cha ir ma n, re si gn hi s offi ce ; and
( c ) m ay b e re mov ed f rom hi s offi ce by a r es olut ion of th e Counc il
p as se d by a ma jo rity of al l th e then m em be rs of th e Counc il:
Provid ed tha t no re so lution for th e purpos e of c la us e ( c ) sha ll be mov ed
unl es s at l ea st fou rt ee n d ays' noti ce has be en give n of th e in ten tion to
m ove th e r es olu tion.
184. Po we r of t he D ep uty Cha ir ma n o r oth er pe rs on to pe rfo rm th e
du ti es of th e off ic e of, or to ac t as, Cha ir ma n.— (1) Whil e the offi ce of
Ch ai rm an is v ac an t, th e duti es of the offi ce sh al l be p er for me d by the
D epu ty Ch ai rm an or, if th e offic e of De puty Cha ir ma n is a lso va ca nt, by
su ch me mb er of the Counc il a s the Gov er nor ma y appoin t fo r the purpos e.
(2) Dur ing the abs en ce of th e Ch ai rm an fro m any sit ting of the Coun ci l
th e D eputy Cha ir ma n or, i f he is a ls o ab sen t, su ch p er son a s m ay be
d ete rm in ed by th e ru le s of proc edu re of the Coun ci l, or, if no su ch per son
i s pr es en t, su ch oth er per son a s m ay be de te rm in ed by the Counc il, sha ll
a ct a s Ch ai rm an.
185. The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration.—(1) At any sitting of the Legislative Council,
while any resolution for the removal of the Chairman from his office is under consideration,
the Chairman, or while any resolution for the removal of the Deputy Chairman from his office
is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the
provisions of clause (2) of article 184 shall apply in relation to every such sitting as they
64 THE CONSTITUTION OF INDIA
apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy
Chairman is absent.
(2) The Cha ir ma n sh all hav e the r ight to sp ea k in, and othe rw is e to t ake
p art in the pro ce ed ings of, th e L egi sl at ive Coun ci l w hil e any re solu tion for
hi s re mov al fro m o ffi ce is unde r c ons ide ra tion in the Coun cil and sh al l,
not with st and ing a nything in ar tic le 189, be en tit led to vote only in th e fir st
in st anc e on s uch re solu tion or on any othe r m at te r dur ing su ch pro ce ed ings
but not in th e c as e of a n e qua lity of vote s.
186. Salar ie s and allo wanc es of the Spe ake r and D ep uty Spea ke r and
t he Cha ir ma n and D ep uty Cha ir ma n.— Th er e sh all be pa id to th e Sp ea ke r
a nd the De puty Sp eak er of th e Le gis la tiv e A ss em bl y, and to the Cha ir ma n
a nd th e De puty Cha ir ma n of th e Leg is la tive Coun ci l, su ch sa la ri es and
a llo wa nc es as m ay be r esp ec ti ve ly f ixe d by the Leg is la tur e of the St at e by
l aw and, until prov is ion in tha t beh al f i s so m ad e, suc h sa la ri es a nd
a llo wa nc es as a re s pe ci fi ed in th e Se cond Sch edul e.
187. Se cret ar ia t of Stat e L eg is latu re .— (1) Th e Hou se or e ac h Hou se of
th e Leg is la tur e of a St at e sh al l h ave a s ep ar at e se cr et ar ia l st aff:
Provid ed tha t nothing in thi s cl aus e sh al l, in th e ca se of the Leg is la tur e
of a St at e having a L egis la tiv e Counc il , b e c ons tru ed as pr eve nting th e
c re at ion of post s com mo n to both H ous es of su ch Leg is la tur e.
(2) Th e Le gis la tur e of a St at e m ay by l aw re gul at e th e re cr ui tm en t, and
th e cond ition s of se rvi ce of p er sons appoin ted , to the se cr et ar ia l st aff of
th e Hous e or Hous es of th e Leg is la tur e of the Sta te .
(3) Un til provi sion i s m ad e by th e L egi sl atu re of th e Sta te unde r cl au se
(2 ), th e Gov er nor m ay, af te r consu lt at ion wi th the Spe ake r of the
L egi sl at ive A ss em bl y or th e Ch ai rm an of the Leg is la tiv e Coun cil , as th e
c as e m ay b e, ma ke rul es regu la ting the r ec ru itm en t, and the cond ition s of
s er vi ce of pe rson s a ppoint ed, to the s ec re ta ri al st aff of the As se mb ly or the
Coun ci l, and any ru le s so ma de sha ll have effe ct subj ec t to th e prov is ions
of any l aw m ad e under th e s ai d c la us e.
Conduc t of Bu sin es s
188. O ath o r aff ir ma tion by me mb er s. — Ev ery m em be r of the
L egi sl at ive A ss em bl y or th e L egi sl at ive Counc il of a St at e sh al l, be for e
t aking his s ea t, m ak e and subs cr ib e befo re th e Gove rno r, or s om e pe rson
a ppoint ed in th at b eha lf by hi m, a n oa th or a ff ir ma ti on a cc ord ing to th e
fo rm s et out for th e purpos e in th e Thi rd Sch edul e.
189. Voti ng in H ous es , po we r of H ou se s to act notw it hs tand ing
va canc ie s and quor um.— (1 ) S ave as othe rw is e prov ide d in thi s
Con st itut ion, al l qu es tions a t any sit ting of a Hous e of the L egis la tu re of a
St at e s ha ll b e det er mi ne d by a m ajo ri ty of vot es of the me mb er s pre se nt
a nd voting , oth er th an the Spe ak er or Cha ir ma n, or pe rson a ct ing a s su ch.
65 THE CONSTITUTION OF INDIA
(4) A Bill pending in the Legislative Council of a State which has not been passed by the
Legislative Assembly shall not lapse on a dissolution of the Assembly.
(5) A Bill which is pending in the Legislative Assembly of a State, or which having been
passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a
dissolution of the Assembly.
197. Restriction on powers of Legislative Council as to Bills other than Money Bills.
—(1) If after a Bill has been passed by the Legislative Assembly of a State having a
Legislative Council and transmitted to the Legislative Council—
(a) the Bill is rejected by the Council; or
(b) more than three months elapse from the date on which the Bill is laid before the
Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the Legislative
Assembly does not agree;
th e Leg is la tive A ss em bl y m ay, subj ec t to th e rule s r egul at ing i ts proc edu re ,
p as s th e Bi ll ag ai n in the sa me or in any sub se que nt s es si on w ith or
w ithout su ch am en dm en ts , i f a ny, as h ave be en ma de , sugge st ed or ag re ed
to by th e Le gis la tiv e Coun ci l and th en t ran sm it the Bil l as so p as se d to th e
L egi sl at ive Coun ci l.
(2 ) I f af te r a Bil l h as be en so pas se d for th e s ec ond tim e by the
L egi sl at ive As se mb ly and tr an sm it ted to the L egi sl ativ e Counc il —
(a) th e B ill i s r ej ec te d by th e Coun ci l; or
(b) mo re th an one month e lap se s f rom th e dat e on wh ich th e B ill
i s laid be for e the Coun ci l w ithou t th e Bil l b eing pa ss ed by it ; or
(c ) the B ill is p as se d by the Counc il w ith a me nd me nt s to wh ich
th e Leg is la tive A ss em bl y do es not agr ee ;
th e Bi ll s ha ll be dee me d to have be en pa ss ed by th e Hou se s of th e
L egi sl atu re of th e St at e in the for m in whi ch it wa s pa ss ed by th e
L egi sl at ive As se mb ly fo r th e se cond ti me with su ch am en dm en ts , i f a ny, as
h ave be en ma de or sugg es te d by the L egi sl ativ e Counc il and ag re ed to by
th e Leg is la tive A ss em bl y.
(3 ) No thing in th is a rti cl e sh al l a pply to a Mon ey B ill .
198. Spe ci al proc ed ure in res pe ct of Mon ey Bi lls .— (1 ) A Mon ey B ill
sh al l not be int roduc ed in a Leg is la tiv e Counc il.
(2) A ft er a Mon ey Bil l ha s be en p as se d by the Leg is la tive As se mb ly of a
St at e h aving a Leg is la tiv e Coun ci l, it s ha ll b e tr ans mi tt ed to th e
L egi sl at ive Counc il fo r it s r ec om me nd ation s, and th e Le gis la tiv e Coun ci l
sh al l with in a per iod of fou rte en day s fro m the d ate of it s re ce ip t of th e
B ill r etu rn th e Bil l to th e L egi sl at ive A ss em bly w ith its r ec om me nd at ions ,
a nd the Leg is la tive As se mb ly m ay the re upon ei the r a cc ep t or re je ct al l or
a ny of th e r ec om me nd at ions of the L egi sl at ive Coun cil .
69 THE CONSTITUTION OF INDIA
200. Assent to Bills.—When a Bill has been passed by the Legislative Assembly of a State
or, in the case of a State having a Legislative Council, has been passed by both Houses of the
Legislature of the State, it shall be presented to the Governor and the Governor shall declare
either that he assents to the Bill or that he withholds assent therefrom or that he reserves the
Bill for the consideration of the President:
Provided that the Governor may, as soon as possible after the presentation to him of the
Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that
the House or Houses will reconsider the Bill or any specified provisions thereof and, in
particular, will consider the desirability of introducing any such amendments as he may
recommend in his message and, wh en a Bi ll i s so r etu rne d, th e Hou se or Hou se s
sh al l r ec ons ide r th e Bi ll a cc ord ingly, and i f the Bil l is pas se d ag ai n by the
Hou se or H ous es w ith or wi thout am end me nt and pr es en ted to the Gov erno r
fo r as se nt, th e Gove rnor sh al l not w ithhold a ss en t th er ef ro m:
Provid ed fu rthe r th at the G ove rnor sha ll not as se nt to , but sh all re se rv e
fo r th e con sid er at ion of th e Pr es id ent, any B ill w hic h in th e opinion of the
Gov er nor would , i f it b ec am e la w, so de roga te f rom th e powe rs of th e H igh
Cou rt as to end ang er th e po sit ion w hic h th at Cou rt is by thi s Cons titu tion
d es igned to fil l.
201. Bil ls re se rv ed for c ons id er atio n.— When a Bi ll i s r es er ved by a
Gov er nor fo r th e con sid er at ion of th e P re sid ent , the Pre si den t sh al l de cl ar e
e ith er th at he as se nt s to the Bi ll or th at he w ithhold s as se nt th er ef rom :
Provid ed tha t, whe re the Bi ll is not a Money Bil l, the Pr es id ent ma y
di re ct th e Gove rnor to re turn th e B ill to the Hou se or, a s th e c as e ma y b e,
th e Hou se s of the Leg is la tur e of th e St at e tog eth er wi th su ch a me ss ag e as
i s me ntion ed in th e fi rs t prov iso to ar ti cl e 200 and, wh en a Bil l is so
r etu rne d, the Hou se or Hou se s sh al l r ec ons ide r it ac co rding ly w ith in a
p eriod of six month s f rom the dat e of r ec ei pt of su ch m es sa ge and , if it is
a ga in p as se d by the Hou se or Hou se s w ith or w ithou t a me nd me nt, it sh al l
b e pr es en te d a ga in to the P re sid ent fo r hi s cons ide ra ti on.
Pro ce dure in Finan cial Matt er s
202. Ann ual fi nanc ial sta te me nt .— (1 ) The G ove rnor sha ll in re spe ct of
e ve ry fin an ci al yea r c au se to be laid befo re the Hous e or Hou se s of the
L egi sl atu re of th e Sta te a st at em en t of th e e st im at ed re ce ip ts a nd
e xpend itur e of the Sta te for th at yea r, in this Pa rt r ef er re d to a s the “ annu al
f inan ci al s ta te me nt ".
(2) The es ti ma te s of e xpend itu re e mbodi ed in the annu al fin an ci al
s ta te me nt sh al l show s ep ar at el y—
(a) th e s um s re quir ed to m ee t e xpend itu re de sc ri bed by thi s
Con st itut ion a s exp endi tur e cha rg ed upon the Cons olid at ed Fund of th e
St at e; a nd
(b ) the sum s requ ir ed to m ee t othe r exp endi tur e propo se d to be
m ad e fro m the Con sol ida ted Fund of the St at e;
71 THE CONSTITUTION OF INDIA
(3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn from
the Consolidated Fund of the State except under appropriation made by law passed in
accordance with the provisions of this article.
205. Supplementary, additional or excess grants.—(1) The Governor shall—
(a) if the amount authorised by any law made in accordance with the provisions of
article 204 to be expended for a particular service for the current financial year is found to
be insufficient for the purposes of that year or when a need has arisen during the current
financial year for supplementary or additional expenditure upon some new service not
contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of
the amount granted for that service and for that year,
cause to be laid before the House or the Houses of the Legislature of the State another
statement showing the estimated amount of that expenditure or cause to be presented to the
Legislative Assembly of the State a demand for such excess, as the case may be.
(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such
statement and expenditure or demand and also to any law to be made authorising the
appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure
or the grant in respect of such demand as they have effect in relation to the annual financial
statement and the expenditure mentioned therein or to a demand for a grant and the law to be
made for the authorisation of appropriation of moneys out of the Consolidated Fund of the
State to meet such expenditure or grant.
206. Votes on account, votes of credit and exceptional grants.—(1) Notwithstanding
anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall
have power—
(a) to make any grant in advance in respect of the estimated expenditure for a part of
any financial year pending the completion of the procedure prescribed in article 203 for
the voting of such grant and the passing of the law in accordance with the provisions of
article 204 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of the
State when on account of the magnitude or the indefinite character of the service the
demand cannot be stated with the details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of any
financial year;
and the Legislature of the State shall have power to authorise by law the withdrawal of
moneys from the Consolidated Fund of the State for the purposes for which the said grants
are made.
(2) The provisions of articles 203 and 204 shall have effect in relation to the making of any
grant under clause (1) and to any law to be made under that clause as they have effect in
relation to the making of a grant with regard to any expenditure mentioned in the annual
financial statement and the law to be made for the authorisation of appropriation of moneys
out of the Consolidated Fund of the State to meet such expenditure.
73 THE CONSTITUTION OF INDIA
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:
Provided that in relation to the Legislatures of the States of Himachal Pradesh, Manipur,
Meghalaya and Tripura this clause shall have effect as if for the words "fifteen" years
occurring therein, the words "twenty-five years" were substituted:
Provided further that in relation to the Legislatures of the States of Arunachal Pradesh,
Goa and Mizoram, this clause shall have effect as if for the words "fifteen years" occurring
therein, the words "forty years" were substituted.
211. Restriction on discussion in the Legislature. —No discussion shall take place in
the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of
a High Court in the discharge of his duties.
212. Courts not to inquire into proceedings of the Legislature.—(1) The validity of
any proceedings in the Legislature of a State shall not be called in question on the ground of
any alleged irregularity of procedure.
(2) No officer or member of the Legislature of a State in whom powers are vested by or
under this Constitution for regulating procedure or the conduct of business, or for maintaining
order, in the Legislature shall be subject to the jurisdiction of any court in respect of the
exercise by him of those powers.
expiration of six weeks from the reassembly of the Legislature, or if before the expiration
of that period a resolution disapproving it is passed by the Legislative Assembly and
agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the
case may be, on the resolution being agreed to by the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation.—Where the Houses of the Legislature of a State having a Legislative Council
are summoned to reassemble on different dates, the period of six weeks shall be reckoned
from the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which would not
be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it
shall be void:
Provided that, for the purposes of the provisions of this Constitution relating to the effect
of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an
existing law with respect to a matter enumerated in the Concurrent List, an Ordinance
promulgated under this article in 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.
* * * * *
(c) the office of a Judge shall be vacated by his being appointed by the President to
be a Judge of the Supreme Court or by his being transferred by the President to any other
High Court within the territory of India.
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is
a citizen of India and—
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court or of two or more such
Courts in succession.
* * * * *
Explanation.—For the purposes of this clause—
(a) in computing the period during which a person has held judicial office in the
territory of India, there shall be included any period, after he has held any judicial office,
during which the person has been an advocate of a High Court or has held the office of a
member of a tribunal or any post, under the Union or a State, requiring special knowledge
of law;
(aa) in computing the period during which a person has been an advocate of a High
Court, there shall be included any period during which the person has held judicial office or
the office of a member of a tribunal or any post, under the Union or a State, requiring
special knowledge of law after he became an advocate;
(b) in computing the period during which a person has held judicial office in the
territory of India or been an advocate of a High Court, there shall be included any period
before the commencement of this Constitution during which he has held judicial office in
any area which was comprised before the fifteenth day of August, 1947, within India as
defined by the Government of India Act, 1935, or has been an advocate of any High Court
in any such area, as the case may be.
(3) If any question arises as to the age of a Judge of a High Court, the question shall be
decided by the President after consultation with the Chief Justice of India and the decision of
the President shall be final.
218. Application of certain provisions relating to Supreme Court to High Courts.—
The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as
they apply in relation to the Supreme Court with the substitution of references to the High
Court for references to the Supreme Court.
219. Oath or affirmation by Judges of High Courts.—Every person appointed to be a
Judge of a High Court shall, before he enters upon his office, make and subscribe before the
Governor of the State, or some person appointed in that behalf by him, an oath or affirmation
according to the form set out for the purpose in the Third Schedule.
220. Restriction on practice after being a permanent Judge.—No person who, after the
commencement of this Constitution, has held office as a permanent Judge of a High Court
shall plead or act in any court or before any authority in India except the Supreme Court and
the other High Courts.
77 THE CONSTITUTION OF INDIA
Explanation.—In this article, the expression “High Court” does not include a High Court
for a State specified in Part B of the First Schedule as it existed before the commencement of
the Constitution (Seventh Amendment) Act, 1956.
221. Salaries, etc., of Judges.—(1) There shall be paid to the Judges of each High Court
such salaries as may be determined by Parliament by law and, until provision in that behalf is
so made, such salaries as are specified in the Second Schedule.
(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave
of absence and pension as may from time to time be determined by or under law made by
Parliament and, until so determined, to such allowances and rights as are specified in the
Second Schedule:
Provided that neither the allowances of a Judge nor his rights in respect of leave of
absence or pension shall be varied to his disadvantage after his appointment.
222. Transfer of a Judge from one High Court to another.—(1) The President may,
after consultation with the Chief Justice of India, transfer a Judge from one High Court to any
other High Court.
(2) When a Judge has been or is so transferred, he shall, during the period he serves, after
the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the
other High Court, be entitled to receive in addition to his salary such compensatory allowance
as may be determined by Parliament by law and, until so determined, such compensatory
allowance as the President may by order fix.
223. Appointment of acting Chief Justice.—When the office of Chief Justice of 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.
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 sixty-two years.
224A. Appointment of retired Judges at sittings of High Courts.—Notwithstanding
anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with
the previous consent of the President, request any person who has held the office of 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:
78 THE CONSTITUTION OF INDIA
Provided that nothing in this article shall be deemed to require any such person as
aforesaid to sit and act as a Judge of that High Court unless he consents so to do.
225. Jurisdiction of existing High Courts.—Subject to the provisions of this Constitution
and to the provisions of any law of the appropriate Legislature made by virtue of powers
conferred on that Legislature by this Constitution, the jurisdiction of, and the law
administered in, any existing High Court, and the respective powers of the Judges thereof in
relation to the administration of justice in the Court, including any power to make rules of
Court and to regulate the sittings of the Court and of members thereof sitting alone or in
Division Courts, shall be the same as immediately before the commencement of this
Constitution:
Provided that any restriction to which the exercise of original jurisdiction by any of the
High Courts with respect to any matter concerning the revenue or concerning any act ordered
or done in the collection thereof was subject immediately before the commencement of this
Constitution shall no longer apply to the exercise of such jurisdiction.
226. Power of High Courts to issue certain writs.—(1) Notwithstanding anything in
article 32 every High Court shall have 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 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 clause (1) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High Court exercising
jurisdiction in relation to the territories within which the cause of action, wholly or in part,
arises for the exercise of such power, notwithstanding that the seat of such Government or
authority or the residence of such person is not within those territories.
(3) Where any party against whom an interim order, whether by way of injunction or stay
or in any other manner, is made on, or in any proceedings relating to, a petition under clause
(1), without—
(a) furnishing to such party copies of such petition and all documents in support of
the plea for such interim order; and
(b) giving such party an opportunity of being heard,
makes an application to the High Court for the vacation of such order and furnishes a copy of
such application to the party in whose favour such order has been made or the counsel of such
party, the High Court shall dispose of the application within a period of two weeks from the
date on which it is received or from the date on which the copy of such application is so
furnished, whichever is later, or where the High Court is closed on the last day of that period,
before the expiry of the next day afterwards on which the High Court is open; and if the
application is not so disposed of, the interim order shall, on the expiry of that period, or, as
the case may be, the expiry of the said next day, stand vacated.
(4) The power conferred on a High Court by this article shall not be in derogation of the
power conferred on the Supreme Court by clause (2) of article 32.
79 THE CONSTITUTION OF INDIA
(2) Subject to the provisions of any law made by the Legislature of the State, the
conditions of service of officers and servants of a High Court shall be such as may be
prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer
of the Court authorised by the Chief Justice to make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate to salaries,
allowances, leave or pensions, require the approval of the Governor of the State.
(3) The administrative expenses of a High Court, including all salaries, 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.
230. Extension of jurisdiction of High Courts to Union territories.— (1) Parliament
may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High
Court from, any Union territory.
(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,
—
( a) nothing in this Cons titu tion sh al l be cons tru ed a s e mp ow er ing
th e Leg is la tur e of th e Sta te to inc re as e, re st ri ct or abo li sh th at
ju ris dic tion ; a nd
( b) the re fe re nc e in ar ti cl e 227 to the Gov er nor sha ll , in re la tion to
a ny rul es , fo rm s or tabl es fo r subo rdina te cou rt s in th at t er rito ry, be
c ons tru ed as a r ef er en ce to th e Pre si den t.
231. Establishment of a common High Court for two or more States.—(1)
Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament
may by law establish a common High Court for two or more States or for two or more States
and a Union territory.
(2) In relation to any such High Court,—
(a) the reference in article 217 to the Governor of the State shall be construed as a
reference to the Governors of all the States in relation to which the High Court exercises
jurisdiction;
(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or
tables for subordinate courts, be construed as a reference to the Governor of the State in
which the subordinate courts are situate; and
(c) the references in articles 219 and 229 to the State shall be construed as a reference
to the State in which the High Court has its principal seat:
Provided that if such principal seat is in a Union territory, the references in articles 219 and
229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the
State shall be construed respectively as references to the President, Union Public Service
Commission, Parliament and Consolidated Fund of India.
84
84 THE CONSTITUTION OF INDIA
PART VIII
THE UNION TERRITORIES
239. Administration of Union territories.—(1) Save as otherwise provided by
Parliament by law, every Union territory shall be administered by the President acting, to such
extent as he thinks fit, through an administrator to be appointed by him with such designation
as he may specify.
(2) Notwithstanding anything contained in Part VI, the President my 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.
239A. Creation of local Legislatures or Council of Ministers or both for certain Union
territories.—(1) Parliament may by law create for the Union territory of Pondicherry—
(a) a body, whether elected or partly nominated and partly elected, to function as a
Legislature for the Union territory, or
(b) a Council of Ministers,
or both with such constitution, powers and functions, in each case, as may be specified in the
law.
(2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of
this Constitution for the purposes of article 368 notwithstanding that it contains any provision
which amends or has the effect of amending this Constitution.
239AA. Special provisions with respect to Delhi.—(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 article 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 division) and all other matters relating to the functioning of the
Legislative Assembly shall be regulated by law made by Parliament.
(c) The provisions of articles 324 to 327 and 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 respectively; and any reference in articles 326 and 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 except85matters with respect to Entries 1, 2 and 18 of
85 THE CONSTITUTION OF INDIA
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 Parliament 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 matter
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 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 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 his functions 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 Lieutenant 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 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.
(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.
(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 article 368 notwithstanding that it
contains any provision which amends or has the effect of amending, this Constitution.
(8) The provisions of article 239B shall, so far as may be, apply in relation to the National
Capital Territory, the Lieutenant Governor and the Legislative 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 “clause (1) of article 239A” shall be deemed
to be a reference to this article or article 239AB, as the case may be.
86 THE CONSTITUTION OF INDIA