User:Glide08/Sandbox/India

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

PART I. The Union and its Territory and Jurisdiction

1. Name and territory of the Union

(1) India shall be a Union of States.

(2) The States shall mean the States for the time being specified in Parts I, II and III of the First Schedule.

(3) The territory of India shall comprise—

(a) The territories of the States;

(b) The territories for the time being specified in Part IV of the First Schedule; and

(c) Such other territories as may be acquired.

2. Admission and establishment of new States

Parliament may, from time to time, by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.

3. Formation of new States and alteration of areas, boundaries or names of existing States

Parliament may by law—

(a) Form a new State by separation of territory from a State or by uniting two or more States or parts of States;

(b) Increase the area of any State;

(c) Diminish the area of any State;

(d) Alter the boundaries of any State;

(e) Alter the name of any State:

Provided that no Bill for the purpose shall be introduced in either House of Parliament except by the Government of India and unless:

(a) Either—

(i) A representation in that behalf has been made to the President by a majority of the representatives of the territory in the Legislature of the State from which the territory is to be separated or excluded; or

(ii) A resolution in that behalf has been passed by the Legislature of any State whose boundaries or name will be affected by the proposal to be contained in the Bill; and

(b) Where the proposal contained in the Bill affects the boundaries or name of any State, other than a State for the time being specified in Part III of the First Schedule, the views of the Legislature of the State both with respect to the proposal to introduce the Bill and with respect to the provisions thereof have been ascertained by the President; and where such proposal affects the boundaries or name of any State for the time being specified in Part III of the First Schedule, the previous consent of the State to the proposal has been obtained.

4. Law made under Articles 2 and 3 to provide for the amendment of the First Schedule and incidental and consequential matters

(1) Any law referred to in article 2 or article 3 of this Constitution shall contain such provisions for the amendment of the First Schedule as may be necessary to give effect to the provisions of the law and may also contain such incidental and -consequential provisions as Parliament may deem necessary.

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 304.

PART II. Citizenship

5. Citizenship at the date of commencement of the Constitution.

6. Parliament to regulate the right of citizenship by law.

PART III. General Principles

7. India shall be a sovereign, socialist, secular, democratic Republic.

8. All powers of government, legislative, executive and judicial, shall be derived from the people, and shall be exercisable only by or on the authority of the organs of the government established by this Constitution.

9. The National Flag of India shall be a tricolour of equal horizontal stripes, saffron, white, and green, with the Dharmachakra of Ashoka inscribed in blue in the centre in the middle stripe, the ratio between the width and breath being 3:2: Provided that each State in the Union shall choose its own State Flag, in addition to the National Flag of India, for use inside, and representation of, that particular State.

10. Hindi written in the Devanagri script and English written in the Latin Script shall be the official languages of India: Provided that each State in the Union shall have the right to choose its own regional language as its State language, in addition to Hindi and English, for use inside that particular State.

12. The National Anthem of India shall be the "Jana Gana Mana" which is reproduced in the Second Schedule: Provided that each State in the Union shall choose its own State Anthem, in addition to the National Anthem of India, for use inside, and representation of, that particular State.

13. The Emblem of India shall consist of the Three Lions above the pedestal and the Dharmachakra, as are depicted on the top of the Ashoka pillar at Sarnath: Provided that each State in the Union shall choose its own State Emblem, in addition to the National Emblem of India, for use inside, and representation of, that particular State.

14. The capital of India and seat of the Union Government is the City of Delhi.

PART III Fundamental Rights and Duties Genbeal

5

5

Rights oe Equality

9 Prohibition of discrimination on grounds of religion, race, caste

or sex .......... 5

10 Equality of opportunity in matters of public employment . d-

11 Abolition of Untouchability 6

12 Abolition of titles 0*

13 Protection of certain rights regarding freedom of speech, etc. . 7

14 Protection in respect of conviction of offences .... B

15 Protection of life and personal liberty and equality before law . 8^

16 Freedom of trade, commerce and intercourse throughout the

territory of India ........ 8

17 Prohibition of traffic in human beings and enforced labour . 9^

'18 Prohibition of employment of children in factories, etc. . . 9*

f Rights relating to Religion

19 Freedom of conscience and free profession, practice and pro-

pagation of religion ........ 9*

20 Freedom to manage religious affeirs and to own, acquire and

administer properties for religious or charitable purposes . 9"

21 Freedom as to payment of taxes for promotion and maintenance

of any particular religion or religious denomination , . ' ’ ^ 10;

xiii

7 Definition .

8 Savings

xir

Article Pah

22 Freedom as to attendance at religious instruction or religious

worship in certain educational institutions ... 1ft

CXTLTTJRAL A2TD EDUCATIONAL RIGHTS

53 Protection of interests of minorities . . . 1ft

Right to Property

24 Compulsory acquisition of property 11

Right to Constitutional Remedies *

26 Remedies for enforcement of rights conferred by this Part . 11

26 Power to Parliament to modify the rights guaranteed in this Part

in their application to Forces 12

27 L^islation to give effect to the provisions of this Part . . 12

PART IV Directive Principles Of State Policy

28 Definition 13

29 Application of the principles set forth in this Part . • . 13

so State to secure a social order for the promotion and welfare of

the people 13

31 Certain principles of policy to be followed by the State . . 13

32 Right to work, to education and to public assistance in certain

cases 14 ;

33 Provision for just and humane conditions of work and maternity

relief 14

34 Living wage etc. for workers . 14

36 Uniform civil code for the citizens 14

36 Provision for free primary education . . ' . . . 14

37 Promotion of educational and economic interests of Scheduled

Castes, scheduled tribes and other weaker sections . . 14

38 Duty of the State to raise the level of nutrition and the standard of

living and to improve public health 14

39 Protection, preservation and maintenance of monuments and

places and objects of national importance . . . ♦

40 Promotion of international peace and security ...

PART V. The Union

CHAPTER I. THE EXECUTIVE

The President and Vice-President

41. The President of India

There shall be a President of India.

42. Executive power of the Union

(1) The executive power of the Union shall be vested in the President and may be exercised by him in accordance with the Constitution and the law either directly or through officers subordinate to him.

(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Armed Forces of India shall be vested in the President and the exercise thereof shall be regulated by law.

(3) Nothing in this article shall—

(a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or

(b) prevent Parliament from conferring by law functions on authorities other than the President.

(4) References in this Constitution to the functions of the President shall be construed as references to his powers and duties in the exercise of the executive power of the Union and to any other powers and duties conferred or imposed on him as President by or under this Constitution.

43. Election of President

The President shall be elected by the members of an electoral college consisting of—

(a) the members of both Houses of Parliament, and

(b) the members of the Legislatures of the States.

44. Manner of election of President

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

(2) For the purpose of securing such uniformity the number of votes which each member of Parliament and of the Legislature of each State is entitled to cast at such election shall be determined in the following manner:—

(a) every member of the Legislature of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of elected members of the Legislature;

(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) of this clause shall be further increased by one;

(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislatures of the States under sub-clauses (a) and (b) of this clause by the total number of such members, fractions exceeding one-half being counted as one and other fractions being disregarded.

(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

Explanation: In this article, the expression "the Legislature of a State" means, where the Legislature consists of one House, that House, and where it consists of two Houses, both Houses of the Legislature, and the expression "population" means the population as ascertained at the last preceding census.

45. Term of office of President

The President shall hold office for a term of seven years from the date on which he enters upon his office:

Provided that—

(a) the President may, by resignation under his hand addressed to the Vice-President, resign his office;

(b) the President may, for violation of the Constitution or other grave misconduct, be removed from office by impeachment in the manner provided in Article 50 of this Constitution;

(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

46. 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.

47. Qualifications for election as President

(1) No person shall be eligible for election as President unless he—

(a) is a citizen of India,

(b) has completed the age of thirty-five years, and

(c) is qualified for election as a member of the Senate.

(2) A person shall not be eligible for election as President if he holds any office or position of emolument under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

Explanation: For the purposes of this clause a person shall not be deemed to hold any office or position of emolument by reason only that

(a) he is the President or the Vice-President or the Governor or Ruler of any State or the Chief Commissioner or Lieutenant-Governor of any Union Territory;

(b) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or

(c) he is a minister either for any State for the time being specified in Part II of the First Schedule or for any Union Territory, if he is responsible to the Legislature of the State or Union Territory, or, where there are two Houses of the Legislature, to the Lower House of the Legislature, and if not less than three-fourths of the members of the Legislature or House, as the case may be, are elected.

48. Conditions of President’s office

(1) The President shall not be a member either of Parliament or of the Legislature of any State, and if a member of Parliament or of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office as President.

(2) The President shall not hold any other office or position of emolument:

Provided that the President may be a Ruler of any State for the time being specified in Part II of the First Schedule.

(3) The President shall have an official residence and there shall be paid to the President emoluments and allowances as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments and allowances as are specified in the Second Schedule.

(4) The emoluments and allowances of the President shall not be diminished during his term of office.

49. Oath or affirmation by the President or person acting as, or charging the functions of the, President before entering office

Every President and every person acting as President or discharging the functions of the President shall before entering upon his office make and subscribe in the presence of the Chief Justice of India an oath or affirmation in the following form, that is to say—

“I, A. B., do swear in the name of God (or solemnly affirm) that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.”

50. Procedure for impeachment of the President

(1) When a President is to be impeached for violation of the Constitution or other grave misconduct, the charge shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless—

(a) the proposal to prefer such charge is contained in a resolution which has been moved after a notice in writing signed by not less than thirty members of the House has been given of their intention to move the resolution; and

(b) such resolution has been supported by not less than two-thirds of the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

(4) If as a result of the investigation a resolution is passed, supported by not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President and Vice-President from their offices as from the date on which the resolution is so passed.

51. Time of holding elections to fill vacancies in the office of President and the term of office of persons elected to fill casual vacancies

(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.

(2) An election to fill a casual vacancy in the office of President occurring during a vacancy in the office, or the absence, of the Vice-President shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall hold office for the remainder of his predecessor's term of office.

52. The Vice-President of India

There shall be a Vice-President of India.

53. The Vice-President to be ex-officio President of the Senate

The Vice-President shall be ex-officio President of the Senate and shall not hold any other office or position of emolument:

Provided that:

(a) the Vice-President may be a Ruler of any State for the time being specified in Part II of the First Schedule; and

(b) during any period when the Vice-President discharges the functions of the President under Article 54 of this Constitution, he shall not perform the duties of the office of President of the Senate.

54. The Vice-President to fill casual vacancies in the office of the President or to discharge his functions during his absence

(1) In the event of the occurrence of any casual vacancy in the office of the President, the Vice-President shall fill the vacancy and enter upon the office of President for the remainder of his predecessor's term of 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 discharging the functions of the President, have all the powers and immunities of the President.

55. Election of Vice-President

(1) The Vice-President shall be elected in the manner provided, mutatis mutandis, in Article 44 of this Constitution by the members of the electoral college provided in Article 43 of this Constitution.

(2) No person shall be eligible for election as Vice-President unless he is eligible for election as President.

(3) The Vice-President shall hold office for the same term as the President:

Provided that—

(a) the Vice-President may, by resignation under his hand addressed to the President, resign his office;

(b) the Vice-President may, for violation of the Constitution or other grave misconduct, be removed from office by impeachment in the manner provided, mutatis mutandis, in Article 50 of this Constitution;

(c) where the President is removed from office by impeachment, the Vice-President shall also be removed from office;

(d) the Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

(4) A person who holds, or who has held, office as Vice-President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.

(5) The Vice-President shall not be a member either of Parliament or of the Legislature of any State, and if a member of Parliament or of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office as Vice-President.

(6) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term.

(7) An election to fill a casual vacancy in the office of Vice-President shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall be entitled to hold office for the remainder of his predecessor's term of office.

57. Discharge of the functions of the President in any other contingency

(1) In the event of the occurrence of any casual vacancy in the office of the President during a vacancy in the office, or the absence, of the Vice-President, the Prime Minister shall act as President until the date on which a new President and Vice-President elected in accordance with the provisions of this Chapter to fill such vacancy enter upon their offices.

(2) Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.

58. Matters relating to or connected with the election of a President or Vice-President

(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.

(2) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.

59. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—

(a) in all cases where the punishment or sentence is by a Court Martial;

(b) in all cases where the punishment or sentence is for an offence under any law relating to a matter with respect to which Parliament has, and the Legislature of the State in which the offence is committed has not, power to make laws;

(c) in all cases where the sentence is a sentence of death.

(2) Nothing in sub-clause (a) of clause (1) of this Article shall affect the power conferred by law on any officer of the Armed Forces of India to suspend, remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) of this Article shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor or the Ruler of the State under any law for the time being in force.

60. Extent of executive power of the Union

(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend—

(a) to the matters with respect to which Parliament has power to make laws; and

(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement:

Provided that the executive power referred to in sub-clause (a) of this clause shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature of the State has also power to make laws.

(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything contained in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.

Council of Ministers

61. Council of ministers to aid and advise President

(1) There shall be a Council of Ministers, with the Prime Minister at the head, to aid and advise the President in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion:

Provided that nothing in this subsection shall be construed as preventing the President from exercising his individual judgment in any case where by or under this Constitution he is required so to do.

(2) The President in his discretion may preside at meetings of the Council of Ministers.

(3) The question whether any, and if so what, advice was tendered by ministers to the President shall not be inquired into in any court.

(4) If any question arises whether any matter is or is not a matter as respects which the President is by or under this Constitution required to act in his discretion or to exercise his individual judgment, the decision of the President in his discretion shall be final, and the validity of anything done by the President shall not be called in question on the ground that he ought or ought not to have acted in his discretion, or ought or ought not to have exercised his individual judgment.

62. Other provisions as to ministers

(1) The ministers shall be appointed by the President and shall hold office during the pleasure of the President.

(2) The Council shall be collectively responsible to the House of Representatives.

(3) Before a minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.

(4) A minister who, for any period of six consecutive months, is a member of either House of Parliament shall at the expiration of that period cease to be a minister.

(5) Every minister shall have the right to take part in the proceedings of either House of Parliament, but this clause does not authorize any person who is not a member of a House to vote in that House or any of its committees.

(6) The salaries and allowances of ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determine, shall be as specified in the Second Schedule.

(7) The functions of the President with respect to the appointment and the dismissal of the Prime Minister and the Ministers of Defence, External Affairs, and the Tribal Areas shall be exercised by him in his discretion, and his functions with respect to the appointment and the dismissal of the other ministers shall be exercised be exercised by him in his discretion after consultation with his ministers.

The Financial adviser to the President and the Attorney-General for India

62-A. Financial adviser to President

(1) The President may appoint a person to be his financial adviser.

(2) It shall be the duty of the President's financial adviser to assist by his advice the President in the discharge of his special responsibility for safeguarding the financial stability and credit of the Government of India, and also to give advice to the Government of India upon any matter relating to finance with respect to which he may be consulted.

(3) The President's financial adviser shall hold office during the pleasure of the President, and the salary and allowances of the financial adviser and the numbers of his staff and their conditions of service shall be such as the Governor-General may determine.

(4) The powers of the President with respect to the appointment and dismissal of a financial adviser, and with respect to the determination of his salary and allowances and the numbers of his staff and their conditions of service, shall be exercised by him in his discretion:

Provided that, if the President has determined to appoint a financial adviser, he shall, before making any appointment, consult the Prime Minister and the Minister of Finance as to the person to be selected.

63. Attorney-General for India

(1) The President shall appoint a person, who is qualified to be appointed a judge of the Supreme Court, to be Attorney-General for India.

(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.

(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.

(5) In exercising his powers with respect to the appointment and dismissal of the Attorney-General and with respect to the determination of his remuneration, the President shall exercise his individual judgment.

Conduct of Government Business

63-A. Provisions as to defence, external affairs, and the tribal areas

The functions of the President with respect to defence and external affairs shall be exercised by him in his discretion, and his functions in or in relation to the tribal areas shall be similarly exercised, and the Ministers of Defence, External Affairs, and the Tribal Areas shall assist the President in the exercise of those functions.

63-B. Special responsibilities of President

(1) In the exercise of his functions the President shall have the following special responsibilities, that is to say,—

(a) the prevention of any grave menace to the peace or tranquility of India or any part thereof;

(b) the safeguarding of the financial stability and credit of the Government of India;

(c) the safeguarding of the legitimate interests of minorities;

(d) the securing to, and to the dependants of, persons who are or have been members of the public services of any rights provided or preserved for them by or under this Constitution and the safeguarding of their legitimate interests;

(e) the securing that the due discharge of his functions with respect to matters with respect to which he is by or under this Constitution required to act in his discretion, or to exercise his individual judgment, is not prejudiced or impeded by any course of action taken with respect to any other matter.

(2) If and in so far as any special responsibility of the President is involved, he shall in the exercise of his functions exercise his individual judgment as to the action to be taken.

64. 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 (other than the Ministers of Defence, External Affairs, and the Tribal Areas) of the said business in so far as it is not business with respect to which the President is by or under this Constitution required to act in his discretion.

(4) The rules shall include provisions requiring ministers and secretaries to Government to transmit to the President all such information with respect to the business of the Government of India as may be specified in the rules, or as the President may otherwise require to be so transmitted, and in particular requiring a minister to bring to the notice of the President, and the appropriate secretary to bring to the notice of the minister concerned and of the President, any matter under consideration by him which involves, or appears to him likely to involve, any special responsibility of the President.

(5) In the discharge of his functions under subsections (2), (3) and (4) of this section the President shall act in his discretion after consultation with the ministers.

65. Duties of Prime Minister as respects the furnishing of information to the President, etc.

It shall be the duty of the Prime Minister—

(a) to communicate to the President all decisions of the Council of ministers relating to the administration of the affairs of the Union and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and

(c) if the President so requires, to submit for the consideration of the Council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the Council.

CHAPTER II. PARLIAMENT

General

66. 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 Senate and the House of Representatives.

67 Composition of Houses of Parliament

(1) The Senate shall consist of—

(a) fifteen members who shall be nominated by the President in the manner provided in clause (2) of this article;

(b) six members representing each State; and

(c) two members representing each Union Terrtiory.

(2) The members the Senate to be nominated by the President under sub-clause (a) of clause (1) of this article shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely—

(a) literature, art, science and education;

(b) agriculture, fisheries and allied subjects;

(c) engineering and architecture;

(d) public administration and social services.

(3) The members of the Senate representing each State or Union Territory shall—

(a) where the Legislature of the State or Union Territory has two Houses, be elected by the members of both Houses;

(b) where the Legislature of the State or Union Territory has only one House, be elected by the members of that House; and

(c) where there is no House of the Legislature for the State or Union Territory, be chosen in such manner as Parliament may by law prescribe.

(4)

(a) Subject to the provisions of articles 292 and 293 of this Constitution, the House of Representatives shall consist of not more than seven hundred representatives of the States directly chosen by the voters.

(b) For the purpose of sub-clause (a), the several States and Union Territories of India shall be the constituencies for election of representatives and the number of representatives to be allotted to each constituency shall be so determined as to ensure that there shall be not less than one representative for every 750,000 of the population and not more than one representative for every 500,000 of the population.

(c) The members of the House of Representatives for each Constituency shall elected by proportional representation, the method of determination of which shall include the application of the ratio between the total number of votes cast, and the total number of seats to be filled in the constituency, so that such seats are distributed among the parties in proportion to their share of the votes, from a list or lists presented by any party contesting the election in the manner prescribed by or under an Act of Parliament.

(d) The ratio between the number of members to be elected at any time for each constituency and the population of that constituency as ascertained at the last preceding census shall, so far as practicable, be the same throughout India.

(5) The election to the House of Representatives shall be on the basis of equal adult suffrage, that is to say, every citizen who is not less than twenty-one years of age and is not otherwise disqualified under this Constitution or under any Act of Parliament on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice shall be entitled to be registered as a voter at such elections, and every voter shall have one vote, regardless of the number of number of seats to be filled in any given constituency.

(6) Upon the completion of each census the representation of the several States and Union Territories in the House of Representatives shall, subject to the provisions of article 289 of this Constitution, be readjusted by such authority, in such manner and with effect from such date as Parliament may, by law, determine.

68 Duration of Houses of Parliament

(1) The Senate shall not be subject to dissolution, but–

(a)

(b) as nearly as possible one-third of the members thereof, selected under sub-clause (b) of clause (1) of article 67 shall retire as soon as may be on the expiration of every third year in accordance with the provisions made in that behalf by Parliament by law;

(b) as nearly as possible all of the members thereof, selected under sub-clause (c) of clause (1) of article 67 shall retire as soon as may be on the expiration of every third year in accordance with the provisions made in that behalf by Parliament by law;

(2) The House of Representatives, unless sooner dis- 15 solved, shall continue for *five years from the date appointed for its first meeting and no longer, and the expiration of the said period of ’^five years shall operate as the dissolution of the House]

Provided that the said period may, while a Pro- 20 clamation of Emergency is in operation, be extended by the President for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. 25

69 Sessions of Parliament, prorogation and dissolution

70 Right of President to address and send messages to Houses

71 Special address by the President at the commencement of each session of Parliament and discussion in Parliament of matters referred to in the address

72 Right of ministers and Attorney-General as respects Houses

Officers of Parliament

73 The President and Deputy President of the Senate.

74 Vacation and resignation of, and removal from, the office of Deputy President

75 Power of the Deputy President or other persons to perform the duties of the office of, or to act as, President

76 The Speaker and Deputy Speaker of the House of Representatives.

77 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

78 Power of the Deputy Speaker or other persons to perform the duties of the office of, or to act as, Speaker

79 Salaries and allowances of the President and Deputy President and the Speaker and Deputy Speaker.

Conduct of Business

80 Voting in Houses; power of Houses to act notwithstanding vacancies and quorum

Disqualifications of Members

81 Declaration by members

82 Vacation of seats

83 Disqualifications for membership

84 Penalty for sitting and voting before making declaration under Article 81 or when not qualified or when disqualified

Privileges and Immunities of Membees

85 Privileges, etc., of members .

86 Salaries and allowances of members

Legislative Procedure

87 Provisions as to introduction and passing of Bills

88 Joint sitting of both Houses in certain cases

89 Special procedure in respect of Money Bills ....

90 Definition of ‘‘Money Bills”

91 Assent to Bills

Procedure in Financial Matters

92 Annual financial statement

40'

93

Procedure in Parliament with respect to estimates .

42

94

Authentication of schedule of authorised es^nditure , ,

42

96

Supplementary statements of expenditure

42

xrii

ijrticie Paob

96 Excess grants 43

97 Special pro-visions as to financial Bills . . , . . 43

Procedure Generally

98 Rules of procedure ........ 44

99 Language to be used in Parliament • . . . . 44

100 Restrictions oH discussion in Parliament . - . • . . 45

101 Courts not to inquire into proceedings of Parliament . . 45

CHAPTER III

LEGISLATIVE POWERS OF THE PRESIDENT 102 Power of President to promulgate Ordinances during recess of

Parliament 45

CHAPTER IV

THE FEDERAL JUDICATURE

103 Establishment and constitution of Supreme Court ... 46

104 Salaries etc. of judges ........ 47

105 Appointment of acting Chief Justice ..... 48

106 Appointment of ad hoc judges ...... 48

107 Attendance of retired judges at sittings of the Supreme Court . 48

108 Seat of Supreme Court ........ 49

109 Original jurisdiction of the Supreme Court .... 49

110 Appellate jmisdiction of Supreme Court in appeals from High

Courts in States in certain cases ..... 49

111 Appellate jurisdiction of Supreme Court in appeals from High

Courts in the territory of India except the States for the time being specified in Part III of the First Schedule in other cases, 50

112 Special leave to appeal by the Supreme Couit in certain other

cases .......... 51

113 Reference to the Supr^e Court by High Courts in States for the

time being specified in Part III of the First Schedule in certain cases .......... 51

114 Enlargement of the jurisdiction of the Supreme Court . . 52

115 Conferment on the Supreme Court of powers to issue certain

writs .......... 52

116 Ancillary powers of Supreme Courts ..... 52

117 Law declared by Supreme Court to be binding on all courts . 52

118 Enforcement of decrees and orders ‘of Supreme Court and orders

as to discovery, etc. ........ 52

119 Power of President to consult Supreme Court .... 53

120 Civil and judicial authorities to act in aid of the Supreme Court 53

121 Rules of Court, etc. ........ 53

122 Salaries, ^owances and pensions of of&cers and servants and the

expenses of the Supreme Court ...... 55

223 Constiuction of references to High Courts in States specified in

“ ■ ^ * 1 ^“

Article

xviii

CHAPTER V

AUDITOR.GENERAL OF INDIA

124 Auditor-General of India 55 .

125 Duties and powers of the Auditor-General .... 50

126 Power of Au(^tor-General of India to give directions as to accounts 5 ^

127 Audit reports ......... 56

PART VI. The States in Part I of the First Schedule

CHAPTER I— GENERAL

128 Definition

CHAPTER n.— THE EXECUTIVE

The Govbenoe

129 Governors of States

130 Executive power of States 57

131 Election of Governor

Altbenatively

131 Appointment of Governor 57

132 Term of ofiSce of Governor ....... 5 g

133 Eligibility for re-election /re-appointment as Governor . , 58 .

134 Qualifications for election as Governor 58

Alteekatively

134 Qualifications for appointment as Governor ....

135 Conditions of Governor’s office . . . \

136 Affirmation or oath by the Governor or person discharging the

functions of the Governor before entering office

137 Procedure for impeachment of the Governor ....

138 Power of the Legislature of the Stat e/the President to provide

for the discharge of the functions of the Governor in certain contingencies

139 Time of holding electioDs /tmie of holding elections to constitu te

ap^l for the filling of vacancies in the office of the Governor

140 Matters relating to or connected mth the election of a Governor/

t he election to oonstitate a panel for the appointment of a Governor . ,

141 Pover of Governor to grant pardons, etc., and to suspend, remit

or commute sentences m certain cases

Extent of executive power of States

XIX

^ Article Bags

Ck)rjKciL OF Ministers

143 Council of ministers to aid and advise Governor . , 63*

144 Other provisions as to ministers 6S

The Advocate-Geneeal foe the State

145 Advocate-General for the State 64

Conduct of Government Business

146 Conduct of business of the Government of a State ... 65

147 Duties of Chief Minister as respects the furnishing of information

to Governor, etc 65

CHAPTER m.— THE STATE LEGISLATURE General

148 Constitution of Legislatures in States in Part I of the First Sche-

dule 65

149 Composition of the Legislative Assemblies .... 66

150 Composition of the Legislative Councils .... 66

151 Duration of State Legislatures 67

152 Age-limit for membership of the State Legislature ... 68-

153 Sessions of the State Legislature, prorogation and dissolution . 66

154 Right of Governor to address and send messages to the Houses. 66

155 Special address by the Governor at the commencement of each

session and discussion in the Legislature of matters referred to

in the address 6^

156 Rights of Ministers and Advocate-General as respects the

Houses 69-

Officers of the State Legislature

157 The Speaker and Deputy Speaker of the Legislative Assembly . 69

158 Vacation and resignation of, and removal from the ofiBice of,

Speaker and Deputy Speaker 70

159 Power of the Deputy Speaker or other persons to perform the

duties of the office of, or to act as, Speaker ... 70

160 The Chairman and Deputy Chairman of the Legislative Council 70

161 Vacation and resignation of, and removal from, the offices of

Chairman and Deputy Chairman 71

162 Power of the Deputy Chairman or other persons to perform the

duties of the office of, or to act as, Chairman . . . 71

163 Salaries and allowances of the Speaker and Deputy Speaker and

the Chairman and Deputy Chairman 71

Conduct of Business

164 Votmg in Hetoses; power of Houses to act notwithstanding

vacancies and quorum 7

XX

iole Pag®

Disqualifications of Membeks

165 Declaration by members

166 • Vacation of seats .........

167 Disqualifications for membership .....

168 Penalty for sitting and voting before making declaration under

article 165 or when not qualified or when disqualified

Privileges and Immunities of Membees

169 Privileges, etc. of members 74

170 Salaries and allowances of members ..... 75

Legislative Procedure

3.71 Provisions as to introduction and passing of Bills . . 75

172 Joint sitting of both Houses in States having Legislative Councils

in certain cases ........ 75

173 Special procedure in respect of Money Bills .... 76

174 Definition of ‘'Money Bills” 77

175 Assent to Bills . 78

176 Bills reserved for consideration 79

Procedure in Financial Matters

177 Annual financial statement 79

178 Procedure in Legislature with respect to estimates . . . 80

179 Authentication of schedule of authorised expenditure . . 80

180 Supplementary statements of expenditure .... 81

181 Excess grants . 81

182 Special provisions as to financial Bills . . . ... 81

Procedure Generally

183 Rules of Procedure .

184 Leoiguage to be used in the Legislatures of States

185 Restrictions on discussion in the Legislature

186 Courts not to inquire into proceedings of the Legislature .

CHAPTER IV.— LEGISLATIVE POWER OF THE GOVERNOR

187 Power of Governor to promulgate Ordinances during recess of

Legislature 83

CHAPTER V. PROVISIONS IN CASES OF; GRAVE EMERGENCIES

188 Power of Governor in grave emergencies . . . •

82 " 83 83 83

72

72

73

74

85

.Article

Paoh

xxi

CHAPTER VI— SCHEDULED AND TRIBAL AREAS

189 Definitions . . • 86

190 Administration of scheduled and tribal areas .... 86

CHAPTER VII— THE HIGH COURTS IN THE STATES

191 Meaning of ‘‘High Court”

192 Constitution of High Courts

193 Appointment, and conditions of the office, of a judge of a High

Court

194 Application of certain provisions relating to Supreme Court to

High Courts ........

195 Declaration by judges of High Courts before entering office

196 Prohibition of practising in courts or before any authority by a

person who held office as a judge of a High Court

197 Salaries, etc., of judges ........

198 Temporary judges

199 Additional judges

200 Attendance of retired judges at sittings of High Gout*ts

201 Jur^diction of existing High Courts

202 Power of High Courts to issue certain writs ....

203 Administrative functions of High Courts .....

204 Transfer of certain cases to High Court for trial

205 Salaries, allowances and pensions of officers and servants arid the

expenses of High Courts .......

206 Power to constitute or re-constitute High Court

207 Extension of or exclusion from the jurisdiction of High Courts.

208 Restrictions on the power of the Legislatures of States to make

laws with respect to jurisdiction of a High Court in a State having jurisdiction outside that State ....

209 Interpretation

CHAPTER IX-~AUDITORS-IN-CHIEE FOR THE STATES

210 Auditor-in-Chief for a' State. ...... 95

211 Audit reports ......... 96

PART VII. The States in Part II of the First Schedule

212 Administration of States in Part II of the First Schedule

212-A. Presidential Counsellor for States in Part II of the First Schedule

(1) There shall be a Presidential Counsellor for States in Part II of the First Schedule who shall be appointed by the President in his discretion subject to the advice and consent of the Senate and shall have such powers and duties in connection with the exercise of the functions of the Government of India in its relations with States in Part II of the First Schedule as the President may assign to him.

(2) No person shall be eligible for appointment as Presidential Counsellor unless he is eligible for election as President.

(3) The Presidential Counsellor shall hold office during the pleasure of the President and shall not hold any other office or position of emolument.

(4) The Presidential Counsellor shall not be a member either of Parliament or of the Legislature of any State, and if a member of Parliament or of the Legislature of any State be appointed Presidential Counsellor, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office as Presidential Counsellor.

(5) It shall be lawful for the President to appoint himself, the Vice-President, or any Union Minister to the office of Presidential Counsellor.

PART VIII. THE UNION TERRITORIES

213 Administration of Union Territories

214 Creation or continuance of local Legislature or Council of Advisers

215 Coorg

PART IX

RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I— LEGISLATIVE RELATIONS DisTRiBTJTioiir OF Legislatiyii Powbes

216 Extent of laws made by Parliament and by the Legislatures of

States . . ld&

217 Subject-matter of laws made by Parliament and by the Legisla-

tures of States lOO

218 Legislation with respect to the Supreme Court .... 101

219 Power of Parliamei^ to provide for the establishment of certain

additional courts 101

220 Legislation with respect to constitution and organization of High

Courts 101

221 Legislation with respect to jurisdiction and powers of Hig h Courts 102

222 Legislation with respect to the procedure to be followed by High

Courts in civil and criminal matters ..... 102

223 Residuary powers of legislation .... .102

224 Restriction on powers of Parliament to make laws wnth respect

to certain matters in relation to States in Part HI of the First Schedule 103

226 Extent of power to legislate for States in Part IH of the First

Schedule 103

226 Power of Parliament to legislate with respect to a matter in the

State List in the national interest 104

227 Power of Parliament to legislate with respect to any matter in

the State List if a Proclamation of Emergency is in operation. 104

228 Inconsistency between laws made by Parliament under articles

226 and 227 and laws made by the Legislatures of States. 104

229 Power of Parliament to legislate for one or idore States by con-

sent and adoption of such legislation by any other State . 106

230 Legislation for giving effect to international agreements , . 106

231 Inconsistencyr between laws made by Parliament and laws made by

the Legislatures of States .:.... 106

Restkioiion on Legislative Pov^rs

232 Re(^uirements as to recommendations to be regarded as Inatters

of procedure only ....... loa

Article

Pagk

xxiii

CHAPTER n-ADMINISTRATIVE RELATIONS Genebal

233 Obligation of States and the Uidon 107

234 Duty of States not to impede or prejudice authority of the Union lOT

236 Power of the Union to confer powers, etc., on States in certain

cases iOT

236 Power of the Union to undertake legislative, executive or judicial

functions in certain States lOS

237 Power of States in Part I of the First Schedule to undertake

legislative, executive or judicial functions m a State m Part

in of the First Schedule 100*

238 Public acts, records and judicial proceedings . . , . llfr

Intbeeeeenoe wrm Watbe Sttpmjes

239 Complaints as to interference with water supplies . . . 110

240 Decision of complaints Ill

241 Interference with water supplies of States m Part 11 of the First

Schedule . 112‘

242 Jurisdiction of courts excluded 113^

Intee-State Teabe and Commeece

243 Prohibition of preference or discrimination to one State over

another by any law or regulation relating to trade or com- merce 113'

244 Restriction on trade, commerce and intercourse between States 11^

245 Appointment of authority to carry out the provisions of articles

243 and 244 . , * 114

Co-ordination between States

246 Provisions with respect to an Inter-State Council, ^ 114:

PAETX

FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I— FINANCE

Distribution of Revenues between the Union and the

States

247 Interpretation 115

248 Meaning of “revenues of India’’ and “revenues of the State” . 115

249 Duties levied by the Union but collected and appropriated by

the States . . . 116'

260 Taxes levied and collected by the Union but assigned to the

States lift

251 Taxes levied and collected by the Union and distributed between

the Union and the States lift

252 Surcharge on certam duties and taxes for purposes of the

Union ‘ . 117

xxiv

Article

253 Taxes which are levied and collected by the Union and may be

distributed between the Union and the States .

254 Distribution of duty on jute or jute products ....

255 Grants from the Union to certain States . . . . ,

256 Taxes on professions-, trades, callings and employments .

257 Savings

.258 Agreement with States specified in Part III of the First Schedule 21 with regard’ to the levy, collection and distribution of taxes

and duties • .

259 Calculation of “net proceeds”, etc ' .

.260 Finance Commission . . ...

.261 Eeoommendations of the Finance Commission . . • *

Paok

118

118

118

119

120

120

121

121

122

MiSOELLANBOirS Fl^TANOUL PbOVISIONS

262 Expenditure defrayable out of the revenues of India . . . 122

263 Provisions as to the custody of public moneys ... 122

264 Exemption of certain public property from taxation . , 123

265 Exemption from taxes on electricity 123

266 Exemption of the Governments of States in respect of Union

taxation 124

267 Adjustments in respect of certain expenses and pensions . . 124

CHAPTER II~BORROWING

268 Borrowing by the Government of India 125

269 Borrowing by States 125

CHAPTER III-PROPERTY, CONTRACTS, LIABILITIES .

AND SUITS

270 Succession to assets and debts, rights and liabilities , . . 126

271 Property accruing by escheat or lapse or as bona vacantia . . 126

272 Power to acquire property 127

2t3 Contracts 127

274 Suits and proceedings 128

PART XI

EJVIERGENCY PROVISIONS

275 Proclamation of Emergency . 129

276 Effect of Proclamation of Emergency 129

277 Application of provisions relating to distribution of revenues

during the period a Proclamation of Emergency is in opera- tion ^

m

Article ^age

278 Provisions in case of failure of constitutional machinery in States

in Part I of the First Schedule 130

279 Suspension of provisions of article 13 during emergencies . . 131

280 Suspension of the rights guaranteed by article 25 of this Consti-

tution during emergencies 132

PABTXII

SERVICES UNDER THE UNION AND THE STATES CHAPTER I--SERVICES

281 Interpretation 135

282 Recriutment and conditions of serrice of persons serving the

Union or a State 135

283 Transitional provisions. 133

CHAPTER II--PUBLIG SERVICE COMMISSIONS

284 Public Service Commissions foi the Union and for the States . 134-

285 Composition and staff of Commissions 135

286 Functions of Public Service Commissions 136

287 Power to extend functions of Public Service Commissions . . 137

288 Expenses of Public Service Commissions . , , . 137

PART xm

ELECTIONS

289 Superintendence, direction and control of elections to be vested

in an Election Commission . , . . . . 138

290 Elections to Parliament 138

291 Elections to the Legislatures of States 138

PART XIV

SPECIAL mOVISIONS RELATING TO MINORITIES

292 Reservation of seats for minorities in the House of the People . 139

293 Special provisions regarding the representation of the Anglo-

Indian community in the House of the People , . . 139

294 Reservation of seats for minorities in the Legislative Assemblies

of the States . 139

296 Special provisions regarding the representation of the Anglo- Indian commnnity in the Legislative Assemblies of the States 140

296 Qaims of minority communities to services and posts . 140

297 Special provision for Anglo-Indian community in certain services 141

Article

298 Special provision with respect to educational grants for the bene-

fit of Anglo-Indian community 141

299 Special Of&cers for minorities for the Union and the States . , 142

300 Control of the Union over the administration of scheduled areas

and welfare of scheduled tribes in States in Part I of the Pirst Schedule 142

301 Appointment of a Commission to investigate the conditions of

backward classes. 143

PAET XV

MISCELLANEOUS

302 Protection of President and Governors 144

303 Interpretation, etc. . 144

PART XVI

AMENDMENT OP THE CONSTITUTION

304 Procedure for amendment of the Constitution .... 149

305 Reservation of seats for minorities to remain in force for only ten

years unless continued in operation by amendment of the Constitution 150

PAETXVn

TEMPORARY AND TRANSITIONAL PROVISIONS

306 Temporary power to Parliament to make laws with respect to

certain matters in the State list as if they were matters

in the Concurrent List 151

307 Continuance in force of existing laws and their adaptation . 152

308 Judges of the Federal Court to become judges of the Supreme

Court and proceedings pending in the Federal Court' or before His Majesty in Conned to be transferred to the Supreme Court 153

309 Courts, authorities and officers to continue to function after the

commencement of this Constitution subject to the provisions thereof 154

310 Provisions as to judges of High Courts 154

311 Provisions as to provisional Legislature of the Union, President,

etc 154

312 Provisions as to provisional Legislature, Governor, etc., in each

State in Part I of the First Schedule 155

313 Power of the President to remove difficulties .... 156

PART xvm

COMMENCEMENT AND REPEALS

314 Commencement 157

315 Repeals 157

XXV ii

SCHEDITIJSS

Page

PlEST SoHBDiTLE — ^The States and the territories of India , . . 159

Seookd Scshedule—

Part I. — Provisions as to the President and the Governors of States for the time being specified in Part I of the First Schedule . . . . . PU

Part II. — ^Provisions as to the Ministers for the Union a'Ad for the State'i in Part I of the First Soheiale ....... 162

Part III. — Provisions as to the Speaker and the Deputy Speaker of the House of the People, and the Chairman and the Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the Legislative Assemblies of States in Part I of the First Schedule and the Chairman and the Deputy Chairman of the

Legislative Councils of such States * . 162

Part IV. — Provisions as to the Judges of the Supreme

Court and of the High Courts. . . . 163

Part V. — ^Provisions as to the Auditor- General of India 165

Third Schedule — F orms of Declarations. ..... 166

Fourth Schedule — ^I nstructions to the Governors of States m Part I of

the First Schedule 168

Fifth Schedule — P rovisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes —

Part I — General 169

Part II — Provisions as to the States of Madras,

Bombay, West Bengal, Bihar, The Central Provinces and Berar, and Orissa . . 169

Partin — Provisions as to the State of the United

Provinces 172

Part IV — ^Provisions as to the State of East Punjab . 173

Part V — Scheduled Areas 174

SrxTH^SoHBDULE — Provisions as to the administration of the Tribal -

Areas in Assam 177

Seventh Schedule —

List I — ^Union List ....... 189

List II— State List 195

List III — Concurrent List 199

Eiqhth Schedule — Scheduled Tribes

Part I — Madras 202

Part II — ^Bombay 204

Part III — West Bengal 204

Part IV — The United Provinco>s 205

Part V — East Punjab ...... 205

Part VI — Bihar . 205

Part VII - The Central Provinces .... 207

Part VIII — Asram 208

Part IX — Orissa 209