Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
P R E AM B L E
PART I
THE UNION AND ITS TERRITORY
1 . Nam e a nd terri tory of the Uni on.—(1 ) In d i a, t h at i s Bh arat, s h all b e
a Un i on of St at es .
(2 ) Th e St at es an d th e t erri t ories t h ereof s h al l b e as s p eci fi ed i n t h e
Fi rs t Sch edu le.
(3 ) Th e t errit ory o f In d i a sh all comp ri s e—
(a ) t h e t errit ori es of t h e St at es ;
(b ) t h e Un i on terri t ori es s p eci fi ed in th e Fi rs t Sch ed u le; an d
(c) s u ch ot h er t erri t ori es as may b e acqu i red.
2 . Admi s si on or es ta bl is hm ent of new Sta tes .—Parli amen t may b y la w
ad mi t in t o t h e Un i on , or es t ab li sh , n ew St at es on s u ch t erms an d con d i ti on s
as i t t hi n ks fi t .
2 A. [S i kki m t o b e as so cia t ed wit h t h e Uni on .] Rep . b y th e Co ns t it u ti on
(Th i rt y- s i xt h Amend men t ) Act , 19 7 5, s . 5 (w.e.f . 26 -4 -1 9 7 5 ).
3 . F orm a ti on of new Sta tes and a l tera ti on of a rea s , bounda ri es or
na m es of exi s ti ng Sta tes .—Parli amen t may b y la w—
(a ) form a n ew St at e b y s ep arat ion o f t erri t or y from an y St at e o r b y
u n it in g t wo or m ore St at es or p art s of St at es or b y u n i t i n g an y t erri t ory
t o a p art of an y St at e;
(b ) i n creas e th e area of an y St at e;
(c) d i min is h t h e area of an y St at e;
(d ) alt er t h e b ou nd ari es of an y S t at e;
(e) alt er t h e n ame of an y St at e:
Provi d ed t h at n o Bi ll fo r t h e p u rp os e s h all b e i n t rod u ced i n ei th er Hou s e
o f Parli amen t ex cept on th e recommen d ati on of t h e Pres i d en t an d u n les s ,
wh ere t h e p rop os al con t ain ed in th e Bi ll affect s t h e area, b ou n d ari es or
n ame of an y o f t h e St at es , t h e Bi ll h as b een referred b y t h e Pres i d ent t o t h e
Le gi s lat u re o f t h at St at e for ex p ress in g i t s vi ews t h ereon wi t h in s u ch
p eri od as may b e sp eci fi ed i n t he referen ce or wi t h in su ch fu rt her p eri od as
t h e Presi d en t may all ow an d t h e p eri od s o sp eci fi ed or allowed h as exp i red.
Exp l a na ti on I.—In t h i s arti cle, i n clau s es (a ) t o (e), “St at e’’ i n clu d es a
Un i on t errit ory, b u t in th e p rovi s o, “St at e’’ d oes n ot in clud e a Uni on
t erri t ory.
Exp l a na ti on II.—Th e p ower con ferred on Par li amen t b y cl au s e (a )
i n clu d es th e p ower t o form a n ew St at e or Un i on t errit ory b y u n i t in g a p art
o f an y St at e or Un i on t erri t ory t o an y ot h er St at e or Un i on t erri tor y.
4 . Law s ma de under a rti cl es 2 a nd 3 to provi de f or the a m endm ent of
the F i rs t a nd the F ourth Schedul es a nd s uppl em ental , i ncidenta l a nd
cons equenti a l m a tters . —(1 ) An y law re ferred t o i n art i cle 2 or art i cle 3
s h all con t ai n s u ch p rovi s i on s fo r t h e amen d men t of t h e Fi rs t Sch ed u le and
t h e Fou rt h Sch edu le as may b e n eces s ary t o gi ve e ffect t o t h e p rovi s i on s of
2
3 THE CONSTITUTION OF INDIA
PART II
CITIZENSHIP
5 . Ci ti zens hi p a t the com m encem ent of the Cons ti tuti on. —At t h e
commen cemen t of t h i s Cons t it uti on , every p ers on wh o h as h i s domi ci le i n
t h e t erri t ory o f In d i a an d —
(a ) wh o was b orn in th e t erri t ory of In d i a; or
(b ) ei th er of wh os e p aren t s was b orn i n t h e t errit ory o f In d i a; or
(c) wh o h as b een ordi n ari l y res i d en t i n t h e t erri t ory o f In d i a for n ot
les s t h an fi ve years i mmed i at ely p reced in g s uch commen cemen t,
s h all b e a ci ti zen of In d i a.
6 . Ri g hts of ci ti zens hi p of certa i n pers ons w ho ha ve m igra ted to
I ndi a f rom P a ki s ta n.—Not wi th s t an di n g an yt h i n g in arti cle 5 , a p ers on
wh o h as mi grat ed t o th e terri t ory o f In d i a from t h e t errit ory n o w i n clu d ed
i n Pakis t an sh all b e d eemed t o b e a ci ti zen of In d i a at t h e commen cement
o f t h i s Cons ti t ut i on i f—
(a ) h e or ei th er of h i s p aren ts or an y o f h i s gran d p aren ts was b orn in
In d i a as d efi n ed i n t h e G overn men t of In d i a Act , 1 9 3 5 (as ori gi n all y
en act ed ); and
(b )(i ) in th e cas e wh ere s u ch p ers on h as s o mi grat ed b efore t h e
n i n et eent h d ay o f J u l y, 1 9 4 8 , h e h as b een ord in ari ly res i d ent i n th e
t erri t ory o f In d i a s i n ce t h e d at e o f h i s mi grati on , or
(i i ) i n th e cas e wh ere s u ch p ers on h as s o mi grat ed on or a ft er t h e
n i n et eent h d ay o f J u l y, 1 9 4 8 , h e h as b een regi st ered as a ci ti zen o f In d i a
b y an o ffi cer ap p oi n t ed in t hat b eh alf b y t h e G overn men t o f t h e
Domi n i on of In d i a on an ap p li cat i on mad e b y h i m th erefor t o s u ch
o ffi cer b efore t h e commen cemen t of t h i s Cons ti t ut i on i n t h e form an d
man n er p res crib ed b y t h at G overn ment :
4
5 THE CONSTITUTION OF INDIA
PART III
FUNDAMENTAL RIGHTS
Gen er a l
1 2 . Def i ni ti on.—In t h i s Part , unles s t h e con t ex t ot h erwis e requ ires , “t h e
St at e’’ in clu d es t h e G overn men t an d Parli ament of In d i a an d t he
G overn men t an d t h e Legi s lat u re o f each of t h e St at es and all l o cal or ot h er
au t h orit i es wi th in th e t erri t ory o f In d i a or u nd er t h e con trol o f t h e
G overn men t of In d i a.
1 3 . Law s i ncons is tent w i th or i n deroga ti on of the f unda m enta l
ri g hts .—(1 ) All laws i n force in th e t erri t ory o f In d i a i mmedi at el y b efor e
t h e commen cement of t h i s Con st i tu t i on, i n s o far as t h e y are i n con s is t en t
wi t h th e p rovi s i ons of t h i s Part , s h all, t o t h e ext ent of s u ch in con s i st en cy,
b e voi d .
(2 ) Th e St at e s h all n ot make an y la w wh i ch t akes away or ab ri d ges t h e
ri gh t s con ferred b y t h i s Part an d an y la w mad e i n con t raven t i on o f t h i s
clau s e s h all, t o t h e ex t en t of t h e con t raven t i on , b e voi d .
(3 ) In t h is arti cle, u n les s t h e cont ex t oth erwi s e req ui res ,—
(a ) “la w” i n clu d es an y Ord i n ance, ord er, b ye -law, ru le, regu lat i on ,
n ot i fi cat i on , cus t om or u s age h avi n g i n t h e t errit ory o f In d i a th e forc e
o f law ;
(b ) “la ws i n force” i n clu d es laws p ass ed or mad e b y a Legi s lat u re or
ot h er comp et ent aut h ori t y i n t h e t errit ory o f In d i a b efore t h e
commen cemen t of t h i s Con s ti t ut i on and n ot p revi ou s ly r ep ealed ,
n ot wi t hs t an d in g t h at an y s u ch law or an y p art t h ereof ma y n ot b e t h en in
op erat i on eit h er at all or i n p art icu lar areas .
(4 ) Not h in g i n th i s art i cle s h all ap p l y t o an y amen d men t of t hi s
Con s t it ut i on mad e un d er art i cle 3 6 8.
Ri g h t t o Eq ua l it y
1 4 . Equal i ty bef ore l aw .—The St at e s h all n ot d en y t o an y p ers on
eq u ali t y b efore t h e la w or t h e eq u al p rot ect i on of t h e la ws wi t h in t he
t erri t ory o f In d i a.
1 5 . P rohi bi ti on of di s cri mi na ti on on g rounds of rel ig i on, ra ce, ca s te,
s ex or pl a ce of bi rth.—(1 ) Th e St at e s h all n ot d i s cri mi n at e agai n s t an y
ci t i zen on grou n d s on l y o f reli g i on , race, cas t e, s ex , p lace of b i rt h or an y
o f t h em.
(2 ) No ci t i zen s h all, on grou n d s on l y o f reli gi on , race, cas t e, s ex , p lace
o f b i rt h or an y o f t h em, b e s ub j ect t o an y d i s ab i li t y, li ab i li t y, res t ri ct i on or
con d i ti on wi th regard t o—
(a ) acces s t o s h ops , pu b li c restau ran ts , h ot els an d p laces of p u b li c
en t ert ai n men t ; or
6
7 THE CONSTITUTION OF INDIA
_______________________________________________
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
Ri g h t t o Fr eed o m o f Reli g io n
2 5 . F reedom of cons ci ence a nd f ree prof es si on, pra cti ce a nd
propa g a ti on of rel ig i on.—(1 ) Su b j ect t o p u b li c ord er, morali t y an d h ealt h
an d t o th e ot h er p rovi s i ons of t h i s Part , all p ers on s are equ all y en ti t led t o
freed om o f c on s ci en ce an d th e ri gh t freel y t o p ro fes s , p ract i s e an d
p rop agat e reli gi on .
(2 ) Not h i n g i n t hi s art i cle s h all affect t h e op erat i on of an y ex i s t in g law
or p reven t t h e St at e from maki ng an y law—
(a ) regu lat i n g or res t ri ct in g an y econ omi c, fi n an ci al, p oli t i cal or
ot h er s ecu lar acti vi t y wh i ch may b e ass oci at ed wi t h reli gi ou s p ract i ce;
(b ) p rovi d i n g for s oci al we l fare an d reform or t h e t h rowi n g op en of
Hi n d u reli gi ou s i n st it ut i on s of a pu b li c ch aract er t o all clas s es an d
s ect i ons of Hi n d u s .
Exp l a na ti on I.—Th e weari n g and carryi n g o f ki r p an s s h all b e deemed t o
b e in clu d ed i n t h e p rofes s i on of t h e Si kh reli gi on .
Exp l a na ti on II.—In s ub -clau s e (b ) of c lau s e (2 ), t h e referen ce to Hi n d u s
s h all b e con st ru ed as i n clud in g a referen ce t o p ers on s p rofes s i ng t h e Si kh ,
J ai n a or Bu dd hi s t reli gi on , and th e referen ce t o Hi n d u reli gi ou s i n s ti tu t i ons
s h all b e con s t ru ed accordi n gly.
2 6 . F reedom to ma nag e reli gi ous affa i rs .—Sub j ect t o p ub li c ord er,
morali t y an d h ealt h , every reli gi ou s d en omin ati on or an y s ect i on t h ereof
s h all h ave t h e ri ght —
(a ) t o es t ab li sh and mai n t ai n i nst i tu t i ons for reli gi ou s an d ch ari tab le
p u rp os es ;
(b ) t o man age it s own affai rs i n mat t ers of reli gi on ;
(c) t o own an d acqu i re movab le an d i mmovab le p rop ert y; an d
(d ) t o ad mi n is t er s u ch p rop ert y i n accord an ce wit h law.
2 7 . F reedom a s to pay m ent of ta xes f or prom oti on of a ny parti cul ar
rel i gi on.—No p ers on s h all b e c omp elled t o p a y an y t ax es , t h e p roceed s of
wh i ch are sp eci fi call y ap p rop ri at ed in p aymen t of ex p en s es for t h e
p romot i on or main t en an ce of an y p art i cu lar reli gi on or reli gi ou s
d en omin at i on .
12 THE CONSTITUTION OF INDIA
* * *
3 1 . [ Co mp ul so r y a cq ui s it io n of p r op ert y.] Rep . b y th e Cons t it u ti on
(Fo r t y-fo ur t h Amen d men t ) Act , 19 7 8, s . 6 (w.e.f . 20 -6 -1 9 7 9 ).
S a vin g o f Cer ta in La ws
3 1 A. Sa vi ng of l aw s provi di ng f or a cqui s i ti on of es ta tes, etc.—
(1 ) Not wi t hs t an d in g an yt h in g con t ai n ed i n art i cle 1 3 , n o law p rovi d in g
for—
(a ) t h e acqu i si ti on b y t h e St at e o f an y es t at e or o f an y ri gh t s t herei n
or t h e ex ti n gui sh ment or mod i fi cat i on of an y s u ch ri ght s , or
(b ) t h e t aki n g over o f t h e man agemen t of an y p rop ert y b y t h e St at e
for a li mi t ed p eri od ei th er in th e p ub li c in t erest or in ord er t o s ecu re th e
p rop er man agement of t h e p rop ert y, o r
(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 ) t h e ex ti n gu is h men t or mod ifi cat i on of an y ri gh t s of man agi n g
agen t s , s ecret ari es an d t reasu rers , man agin g di rect ors , d i rect ors or
man agers of corp orat i on s , or o f an y vot i n g ri gh t s of s h areh old ers
t h ereof, or
(e) t h e ex ti n gu is hmen t or modi fi cat i on of an y ri gh t s accru ing b y
vi rt u e of an y a greemen t , leas e or li cen ce for t h e p u rp os e of s earch i n g
for, or wi n n i n g, an y mi n eral or mi n eral oi l, or t h e p remat u re t ermi n ati on
or can cellat i on o f an y s u ch agreemen t , leas e or li cen ce,
s h all b e d eemed t o b e voi d on t h e grou n d th at i t is i n cons is t en t wi th , or
t akes awa y or ab ri d ges an y o f t h e ri gh t s con ferred b y art i cle 1 4 or art i cle
19:
Provi d ed t h at wh ere su ch law i s a law mad e b y t h e Legi s lat u re o f a
St at e, t h e p rovi s i ons of t h is art icle s h all n ot app ly t h eret o u n less su ch law,
h avi n g b een res erved for t h e con s i d erat i on of t h e Pres i den t, has recei ved
h i s as s en t :
Provi d ed fu rt h er t h at wh ere an y law makes an y p rovi s i on for t h e
acq u is it i on b y t h e St at e of an y e s t at e and wh ere an y lan d comp ri s ed th erei n
i s h eld b y a p ers on un d er h is p ers on al cu lt i vat i on , i t s h all n ot b e law fu l for
t h e St at e t o acq ui re an y p ort i on of s u ch lan d as i s wit hi n t h e cei li n g li mi t
ap p li cab le t o h i m u nd er an y law for t h e t i me b ein g i n force o r a n y b u i ld i n g
or s t ru ctu re s t an di n g th ereon or ap p u rt en an t t h eret o, u n les s t h e law relat i n g
t o t h e acqu i si ti on of s u ch lan d , b u i ldi n g or s t ru ct u re, p rovi d es for p a ymen t
o f comp en s at i on at a rat e wh i ch s h all n ot b e les s t h an t h e market va lu e
t h ereof.
(2 ) In t hi s arti cle,—
(a ) t h e ex p res s i on ‘‘es t at e’’ s h all, i n relat i on t o an y l oca l area, h ave
t h e s ame meani n g as t h at exp res s i on or it s local eq u i valen t h as i n t he
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
PART I V
DIRECTIVE PRINCIPLES OF STATE POLICY
3 6 . Def i ni ti on.—In t hi s Part , unles s t h e cont ext ot h erwi s e requ i res , ‘‘t h e
St at e’’ h as th e s ame meani n g as i n Part III.
3 7 . Appli ca ti on of the pri nci pl es contai ned i n this Part.—Th e
p rovi s i on s con t ai n ed i n t h is Part s h all n ot b e en forceab le b y an y cou rt , b u t
t h e p rin ci p les th erei n lai d d own are n everth eles s fu nd ament al i n t he
go vern an ce of t h e cou nt ry an d i t sh all b e th e d u t y of t h e St ate t o ap p ly
t h es e p rin cip les i n maki n g laws .
3 8 . Sta te to s ecure a s oci al order f or the prom oti on of w elf are of the
peopl e.—(1 ) Th e St at e s h all s t rive t o p romot e t h e wel fare o f t h e p eop le b y
s ecu rin g an d p rot ect in g as effe ct i vel y as i t may a s oci al ord e r i n wh i ch
j u st i ce, s oci al, econ omi c and poli t i cal, s h all i n form a ll t h e i n st i tu t i ons of
t h e n at i on al li fe.
(2 ) Th e St at e sh all, i n p art i cu lar, s t ri ve t o mi n imi s e t h e in equ ali t i es in
i n come, an d en d eavou r t o eli mi n at e in equ ali t i es i n s t atu s , faci li t i es an d
op p ort u ni t i es , n ot on ly amon gs t i n di vi du als b ut als o amon gs t grou p s o f
p eop le res i di n g in di ffe ren t areas or en gaged i n d i fferen t vocat i o n s .
3 9 . Certai n pri nci pl es of pol icy to be f ol l ow ed by the State.—Th e
St at e sh all, i n p art i cu lar, d i rect i t s p oli cy t o ward s s ecu rin g—
(a ) t h at th e ci ti zens , men and women eq u all y, h ave t h e ri gh t t o an
ad equ at e mean s of li ve li h ood ;
(b ) t h at th e own ers h ip and con trol o f t h e mat eri al res ou rces of t h e
commu n it y are s o d i s t rib ut ed as b es t t o s ub s erve th e common good ;
(c) t h at th e op erat i on of t h e econ omi c s ys t em d oes n ot resu lt in t h e
con cen t rati on of wea lt h an d mean s of p rod u ct i on t o t h e common
d et ri men t ;
(d ) t h at th ere is equ al p ay for eq u al work for b ot h men and women ;
(e) t h at t h e h ealt h an d st ren gth o f wor kers , men an d women , and t h e
t en d er age of ch i ld ren are n ot ab u s ed an d t h at ci ti zens are n ot forced b y
econ omi c n ecess i t y t o en t er avocat i on s u ns ui t ed t o th ei r age or st ren gt h ;
(f ) t h at ch i ld ren are gi ven op p ort u ni t i es and faci li t i es t o d evelo p i n
a h ealt h y man n er an d in con dit i on s of freed om an d di gn it y a n d t h at
ch i ld h ood an d you t h are p rot ect ed agai n st ex p loi t ati on an d agai n s t
moral an d mat eri al ab an d on men t.
3 9 A. Equa l jus ti ce a nd f ree l eg a l ai d.—Th e St at e s h all s ecu re t h at th e
op erat i on of t h e legal s ys t em p romot es j us t i ce, on a b as i s of eq u al
op p ort u ni t y, an d s h all, i n p art icu lar, p rovi d e free lega l ai d , b y s u i t ab le
legi s lat i on or s ch emes or in an y ot h er way, t o en s u re t h at op p ort u ni ti es for
17
18 THE CONSTITUTION OF INDIA
PART I VA
20 THE CONSTITUTION OF INDIA
PART I VA
FUNDAMENTAL DUTIES
5 1 A. F undam ental duti es .—It s h all b e t he du t y of ever y c i t i zen of
In d i a—
(a ) t o ab i d e b y t h e Con s t i tu t i on and res p ect i t s id eals an d
i n st i tu ti on s , t h e Nati on al Fla g a n d t h e Nati on al An t h em;
(b ) t o ch eri sh an d fol lo w t h e n ob le id eals wh i ch i ns pi red ou r
n at i on al st ru ggle for freed om ;
(c) t o u p h old an d p rot ect th e s overei gn t y, u n i t y an d i n t egrity o f
In d i a;
(d ) t o d efen d t h e cou n t ry an d ren d er n ati on al s ervi ce wh en called
u p on t o d o s o;
(e) t o p romot e h armon y an d t h e sp i rit of c ommon b rot h erh ood
amon gs t all t h e p eop le of In d i a t rans cend i n g reli gi ou s , li n gu is t i c an d
regi on al or s ect i on al d i vers it i es ; t o ren ou n ce p ract i ces d erogat ory t o t h e
d i gn it y o f women ;
(f ) t o valu e an d p res erve t h e ri ch h erit age of ou r comp os i t e cu lt u re;
(g ) t o p rot ect an d i mp rove t h e n at u ral en vi ron ment i n clud i n g
fores t s , lakes , ri vers an d wi ld li fe, an d t o h ave comp as s i on fo r li vi n g
creat u res ;
(h ) t o d evelop t h e s ci ent i fi c temp er, hu mani s m an d t h e s pi rit of
i n qu i ry an d reform;
(i ) t o s afegu ard p ub li c p rop ert y an d t o ab ju re vi olen ce;
(j ) t o s t ri ve t oward s ex cellen ce i n all s p h eres of i n d i vi du al an d
col lect i ve act i vi t y s o t h at t h e n at i on con s t an t ly ri s es t o h i gh er l evels o f
en d eavou r and achi evemen t .
20
21 THE CONSTITUTION OF INDIA
PART V
THE UNION
C H A P T ER I.—T H E E X EC U T I V E
Th e Pr es id ent an d Vi ce-Pr es id ent
5 2 . The P resi dent of I ndia .—Th ere s h all b e a Pres i d en t of In d i a.
5 3 . Executi ve pow er of the Uni on.—(1 ) Th e ex ecut i ve p ower of t h e
Un i on s h all b e ves t ed in t h e Pres i d en t and sh all b e ex erci s ed b y h i m ei th er
d i rect ly or t h rou gh o ffi cers s u b ord i n at e t o h im i n accord an ce wi t h th is
Con s t it ut i on .
(2 ) Wi t h ou t p rej ud i ce t o t h e gen erali t y o f t h e fore goi n g p rovi s i on , t h e
s u p reme comman d of t h e Defen ce Forces o f t h e Un i on s h all be ves t ed in
t h e Presi d en t an d t h e ex ercis e thereo f s h all b e regu lat ed b y la w.
(3 ) Not h i n g in th is arti cle s h all—
(a ) b e d eemed t o t ran s fer t o t h e Pres i d en t an y fu n ct i ons con fe rred
b y an y ex i s t in g law on t h e G overn men t of an y St at e or ot h er au t h orit y;
or
(b ) p reven t Parli amen t from con fer ri n g b y la w fu n ct i on s on
au t h orit i es ot h er th an t h e Pres iden t .
5 4 . El ecti on of P resi dent.—Th e Pres id en t s h all b e elect ed b y t h e
memb ers of an elect oral co l lege con s i st i n g of—
(a ) t h e elect ed memb ers of b ot h Hou s es of Par li amen t ; an d
(b ) t h e elect ed memb ers of t h e Legi s lat i ve As s emb li es of t h e St ates .
Exp l a na ti on .—In th i s art i cle an d i n art i cle 55 , ‘‘St at e’’ in clu d es th e
Nat i on al Cap i t al Terri t ory o f De lh i an d t h e Un i on t erri t ory o f P o n d i ch erry.
5 5 . M a nner of el ecti on of P resi dent. —(1 ) As far as p ract i cable, t h ere
s h all b e u n i formi t y i n t h e s cale o f rep res en t ati on of t h e d i fferen t St at es at
t h e elect i on of t h e Presi d en t .
(2 ) For t h e p u rp os e of s ecu rin g s u ch un i formi t y amon g t h e St at es in t er
s e as wel l as p ari t y b et ween t h e St at es as a wh ole an d t h e Un i on , t he
n u mb er of v ot es wh i ch each elect ed memb er of Parli amen t an d of t h e
Le gi s lat i ve As s emb ly o f each Stat e is en t it led t o cas t at su ch elect i on s h all
b e d et ermi n ed in th e fol lo wi n g man n er:—
(a ) ever y e lect ed memb er of t h e Le gi s lat i ve As s emb ly o f a St at e
s h all h ave as man y vot es as th ere are mu lt ip les of on e t h ou s and in th e
q u ot i en t obt ain ed b y d i vi d in g th e p opu lat i on of t h e St at e b y t h e t ot al
n u mb er of t h e elect ed memb ers o f t h e As s emb ly;
21
22 THE CONSTITUTION OF INDIA
(4) If as a result of the investigation a resolution is passed by a majority of not less than
two-thirds of the total membership of the House by which the charge was investigated or
caused to be investigated, declaring that the charge preferred against the President has been
sustained, such resolution shall have the effect of removing the President from his office as
from the date on which the resolution is so passed.
62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill
casual vacancy. —(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be
completed before the expiration of the term.
(2) An election to fill a vacancy in the office of President occurring by reason of his death,
resignation or removal, or otherwise shall be held as soon as possible after, and in no case
later than six months from, the date of occurrence of the vacancy; and the person elected to
fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the
full term of five years from the date on which he enters upon his office.
63. The Vice-President of India.—There shall be a Vice-President of India.
64. The Vice-President to be ex officio Chairman of the Council of States.—The Vice-
President shall be ex officio Chairman of the 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-Pres i d en t s h all n ot b e a memb er of ei t h er Hou s e o f
Parli amen t or of a Hou s e of t h e Le gi s lat u re of an y St at e, an d i f a memb er
o f ei t h er Hou s e of Parli amen t or of a Hou s e o f t h e Legi s lat u re of an y St at e
b e elect ed Vi ce-Pres i d en t , h e sh all b e d eemed t o h ave vacat ed h i s s eat i n
25 THE CONSTITUTION OF INDIA
in that behalf by him, an oath or affirmation in the following form, that is to say—
"I, A.B., d o s w e a r i n t h e n a m e o f G o d t h at I wi l l b ear t ru e fai t h and
s o l e mn l y a f f i r m
alle gi an ce t o th e Cons ti tu t i on of In d i a as b y law es t ab li s h ed an d t h at I wi ll
fai t h fu l l y d i s ch arge t h e d ut y u p on wh i ch I am ab ou t t o en t er. "
70. Discharge of President's functions in other contingencies.—Parliament may make
such provisions as it thinks fit for the discharge of the functions of the President in any
contingency not provided for in this Chapter.
71. Ma tters rela ti ng to, o r connected w i th, the el ection of a
P res i dent or Vi ce-P res i dent.—(1 ) All d ou b t s an d d i sp ut es aris i n g ou t of
or i n con n ect i on wit h t h e elect i on of a Pres i d ent or Vi ce-Pres i d en t s h all b e
i n qu i red in t o and d eci d ed b y t he Su p reme Cou rt wh os e d eci si on sh all b e
fi n al.
(2) If the election of a person as President or Vice-President is declared void by the
Supreme Court, acts done by him in the exercise and performance of the powers and duties of
the office of President or Vice-President, as the case may be, on or before the date of the
decision of the Supreme Court shall not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any
matter relating to or connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall not be called in question
on the ground of the existence of any vacancy for whatever reason among the members of the
electoral college electing him.
72. Power of President to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases.— (1) The President shall have the power to grant pardons,
reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence
of any person convicted of any offence—
(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law
relating to a matter to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any
officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by
a Court Martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or
commute a sentence of death exercisable by the Governor of a State under any law for the
time being in force.
73. Extent of executive power of the Union.— (1) Subject to the provisions of this
Constitution, the executive power of the Union shall extend—
(a ) t o t h e matt ers wi th resp ect t o wh i ch Parli amen t h as p ower t o
make laws ; an d
27 THE CONSTITUTION OF INDIA
CHAPTER II.—PARLIAMENT
General
79. Constitution of Parliament.—There shall be a Parliament for the Union which shall
consist of the President and two Houses to be known respectively as the Council of States and
the House of the People.
80. Composition of the Council of States.—(1) The Council of States shall consist of—
(a) twelve members to be nominated by the President in accordance with the
provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of the States and of
the Union territories.
(2) The allocation of seats in the Council of States to be filled by representatives of the
States and of the Union territories shall be in accordance with the provisions in that behalf
contained in the Fourth Schedule.
(3) The members to be nominated by the President under sub-clause (a) of clause (1)
shall consist of persons having special knowledge or practical experience in respect of such
matters as the following, namely:—
Literature, science, art and social service.
(4) The representatives of each State in the Council of States shall be elected by the
elected members of the Legislative Assembly of the State in accordance with the system of
proportional representation by means of the single transferable vote.
(5) The representatives of the Union territories in the Council of States shall be chosen in
such manner as Parliament may by law prescribe.
81. Composition of the House of the People.—(1) Subject to the provisions of article
331, the House of the People shall consist of—
(a) not more than five hundred and thirty members chosen by direct election from
territorial constituencies in the States, and
(b) not more than twenty members to represent the Union territories, chosen in such
manner as Parliament may by law provide.
(2) For the purposes of sub-clause (a) of clause (1),—
(a) there shall be allotted to each State a number of seats in the House of the People
in such manner that the ratio between that number and the population of the State is, so far
as practicable, the same for all States; and
(b) each State shall be divided into territorial constituencies in such manner that the
ratio between the population of each constituency and 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.
30 THE CONSTITUTION OF INDIA
(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:
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.
8 3 . Dura ti on of Hous es of Pa rl ia m ent.—(1 ) Th e Cou n ci l of St at es
s h all n ot b e s u b j ect t o d is s olu t ion , b u t as n early as p os s i b le on e-t h i rd of
t h e memb ers th ereof s h all ret i r e as s oon as may b e on t h e exp i rati on of
ever y s econ d year i n accord an ce wi t h th e p rovi s i ons mad e i n th at b eh alf b y
Parli amen t b y law.
(2 ) Th e Hou s e of t h e Peop le, u n les s s oon er d is s olved , s h all con t i nu e
for fi ve years from t h e d at e ap p oi n t ed for i t s fi rs t meet i n g and n o lon ger
an d t h e ex pi rat i on of t h e s aid p eri od of fi ve years s h all op erat e as a
d i ss olu t i on of t h e Hou s e:
Provi d ed th at t h e s aid p eri od may, wh i le a Proc lamat i on of E mergen cy
i s i n op erati on , b e ext end ed b y Par li amen t b y law for a p eri od n ot
ex ceed in g on e year at a t i me an d n ot ex t en di n g i n an y cas e b eyon d a p eri od
o f s i x mon th s aft er t h e Proclamat i on h as ceas ed t o op erat e.
8 4 . Qua lif i ca ti on f or m em bershi p of Pa rl iam ent.—A p ers on s h all n ot
b e qu ali fi ed t o b e ch os en t o fi ll a s eat in Parli ament un les s h e—
(a ) i s a cit i zen of In d i a, an d makes an d su b s cri b es b efore s ome
p ers on au th ori s ed in t h at b eh alf b y t h e Elect i on Commi ss i on an oat h or
31 THE CONSTITUTION OF INDIA
(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
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 resp ect of t h e es t i mat ed exp end i tu re for
a p art of an y fi n an ci al year p e n d in g th e comp let i on of t h e p roced u re
p res crib ed i n art i cle 1 13 for t h e vot i n g o f s u ch gran t an d t h e p as s in g of
t h e law i n accord an ce wi t h t h e p rovi s i on s of art i cle 1 1 4 i n relat i on t o
t h at ex p en di tu re;
(b ) t o make a gran t for meet i n g an un exp ect ed d eman d up on th e
res ou rces of In d i a wh en on accou n t of t h e magn i tu d e or t h e ind efi n i t e
ch aract er of t h e s ervi ce t h e d eman d can n ot b e s t at ed wi th the d et ai ls
ord i n ari ly gi ven i n an ann u al fi nan ci al s t at ement ;
(c) t o make an ex cep ti on al gran t wh i ch forms n o p art of t h e cu rren t
s ervi ce of an y fi n an ci al year ;
43 THE CONSTITUTION OF INDIA
that period resolutions disapproving it are passed by both Houses, upon the passing of the
second of those resolutions; and
(b ) may b e wi t h d rawn at an y t i me b y t h e Pres i den t.
Exp l a na ti on .—Wh ere th e Hou s es of Par li amen t are s u mmon ed t o
reas s emb le on d i fferen t d at es , th e p eri od of s i x weeks s h all b e reckon ed
fr om t h e lat er of t h os e d at es for t h e p u rp os es of t h i s claus e.
(3 ) If an d s o far as an Ordi n an ce u nd er th is art i cle makes an y p rovi s i on
wh i ch Parli amen t wou ld n ot un der t h is Cons t it ut i on b e comp et en t t o en act ,
i t sh all b e voi d .
* * * * *
C H AP T E R IV.—T H E U N I O N J U D I C I A R Y
1 2 4. Es ta bl is hm ent a nd cons tituti on of Suprem e Court.—(1) Th ere
s h all b e a Su p reme Cou rt of In d i a con si s ti n g of a Ch i ef J u s t i ce o f In d i a
an d , u nt i l Parli ament b y law p r es cri b es a larger nu mb er, of n ot more t h an
1
s even ot h er J ud ges .
(2 ) Ever y J u d ge o f t h e Sup reme Cou rt sh all b e ap p oi nt ed b y t h e
Pres i d en t b y warran t un d er h is h an d and s eal aft er con s u lt ati on wi t h su ch
o f t h e J ud ges of t h e Su p reme Cou rt and of t h e Hi gh Cou rt s i n t he St at es as
t h e Presi d en t may d eem n ecessar y for t h e p u rp os e an d s h all h old offi ce
u n ti l h e att ain s th e age of s i x t y-fi ve years :
Provi d ed t h at in t h e cas e of ap p oi n t ment of a J u d ge ot h er t h an t h e Ch i ef
J u st i ce, t h e Ch i ef J us ti ce of In d ia s h all alwa ys b e con s u lt ed :
Provi d ed fu rt h er th at —
(a ) a Ju d ge may, b y wri t i n g u nd er h is h an d ad d res s ed t o t h e
Pres i d en t , res i gn h is offi ce;
(b ) a Ju d ge may b e removed from h i s offi ce i n t h e mann er p rovi d ed i n
clau s e (4 ).
(2 A) Th e age o f a J u d ge of t h e Su p reme Cou rt sh all b e d et ermi n ed b y
s u ch au th ori t y an d in su ch manner as Parli amen t may b y la w p ro vi d e.
(3 ) A p ers on s h all n ot b e q u alifi ed for ap p oi n t men t as a J ud ge of t h e
Su p reme Cou rt un les s h e i s a citi zen of In d i a an d —
(a ) h as b een for at leas t fi ve yea rs a J u d ge of a Hi gh Cou rt o r o f t wo
or more s u ch Cou rts in su ccess ion ; or
(b ) h as b een for at leas t t en yea rs an ad vocat e o f a Hi gh Co u rt or o f
t wo or more s u ch Cou rt s i n s u cces s i on ; or
(c) i s , i n t h e op i ni on of t h e Pres i d en t , a d is ti n gu is h ed ju ris t .
Exp l a na ti on I.—In t h is clau s e "Hi gh Cou rt ''mean s a Hi gh Cou rt wh i ch
ex erci s es , or wh i ch at an y t i me b efore t h e commen cemen t of t h is
Con s t it ut i on ex erci s ed , ju ris di cti on i n an y p art of t h e t erri t ory o f In d i a.
_______________________________________________
1. Now “twenty-five”, vide Act 22 of 1986, s. 2
46 THE CONSTITUTION OF INDIA
C H A P T ER V.—C O M P TR O L LE R A N D A U D I TO R -G E N ER A L O F I N D I A
1 4 8. Com ptrol l er a nd Audi tor-Genera l of I ndia .—(1 ) Th ere sh all b e a
Comp t roller an d Au d i t or-G en eral o f In d i a wh o s h all b e ap p oi n t ed b y t h e
Pres i d en t b y warran t u n d er h is h an d and s eal an d s h all on l y b e removed
fr om o ffi ce i n li ke man n er and on t h e li ke grou n d s as a J ud ge o f t h e
Su p reme Cou rt .
(2 ) Ever y p ers on ap p oi nt ed t o b e t h e Compt roller an d Au d i t or-G en eral o f
In d i a sh all, b efore h e en t ers up on hi s offi ce, make an d s ub s cri b e b efore t h e
Pres i d en t , or s ome p ers on appoi n t ed i n th at b eh alf b y h i m, an oat h or
affi rmat i on accord i n g t o t h e form s et ou t for t h e p u rp os e in t h e Th i rd
Sch ed u le.
(3 ) Th e s alar y an d ot h er con d i ti on s of s ervi ce o f t h e Comp t ro ller an d
Au d i t or- G en eral s h all b e s u ch as may b e d et ermi n ed b y Par li amen t b y la w
an d , un t i l th ey are s o d et ermin ed , s h all b e as s p eci fi ed in th e Secon d
Sch ed u le:
Provi d ed t h at n eit h er th e s alary o f a C omp t rol ler an d Au d i t or-G en eral
n or h i s ri gh ts i n resp ect of lea v e o f ab s en ce, p ens i on or age o f ret i remen t
s h all b e vari ed t o hi s d is ad vant age aft er h i s ap p oin t men t .
54 THE CONSTITUTION OF INDIA
PART VI
THE STATES
C H A P T ER I.—G EN ER A L
1 5 2. Defi ni ti on.—In th is Part , un les s th e cont ex t ot h erwi s e requi res , t h e
ex p ress i on “St at e” d oes n ot i n clu d e t h e St at e of J ammu and Kash mi r.
C H AP T E R II.—T H E E X E C U T I V E
Th e Go vern or
1 5 3. Governors of Sta tes .—Th ere s h all b e a G overn or for each St at e:
Provi d ed t h at n oth i n g i n th is art i cle s h all p re ven t t h e ap p oin t men t of t h e
s ame p ers on as G overn or for t w o or more St at es .
1 5 4. Executi ve pow er of Sta te.—(1 ) Th e ex ecut i ve p ower o f t h e St at e
s h all b e ves t ed in th e G overnor an d sh all b e ex ercis ed b y h i m ei t h er
d i rect ly or t h rou gh o ffi cers s u b ord i n at e t o h im i n accord an ce wi t h th is
Con s t it ut i on .
(2 ) Not h i n g in th is arti cle s h all—
(a ) b e d eemed t o t ran s fer t o t he G overn or an y fu n ct i on s con ferred
b y an y ex i s t in g law on an y ot h er au th ori t y; or
(b ) p reven t Parli amen t or t he Le gi s lat u re of t h e St at e from
con ferri n g b y la w fu n ct i on s on an y au t h ori t y s u b ord i n at e t o t h e
G overn or.
1 5 5. Appoi ntm ent of Governor.—Th e G overn or o f a St at e s h all b e
ap p oi nt ed b y t h e Pres id ent b y w arran t un d er h is h an d an d s eal.
1 5 6. Term of of fi ce of Governor.—(1 ) Th e G overn or s h all h o ld o ffi ce
d u rin g t h e p leas u re of t h e Presi den t .
(2 ) Th e G overn or ma y, b y wr i t in g u n d er h i s h and ad d res s ed t o t h e
Pres i d en t , res i gn h is offi ce.
(3 ) Sub j ect t o th e foregoi n g p ro vi s i on s of t h is art i cle, a G overn or s h all
h old offi ce for a t erm o f fi ve ye ars from t h e d ate on whi ch h e en t ers up on
h i s offi ce:
Provi d ed t h at a G overn or s h all , n ot wi t h st and in g t h e ex pi rat i on of h i s
t erm, con t in u e t o h old offi ce u n ti l h i s s u cces s or ent ers u p on h i s o ffi ce.
1 5 7. Qual if i ca ti ons f or a ppoi ntm ent a s Governor.—N o p ers on s h all b e
eli gi b le for ap p oi n t men t as G overn or u n les s h e i s a ci t i zen of In d i a an d h as
comp let ed t h e age of t h i rt y-fi ve yea rs .
1 5 8. Condi ti ons of Governor' s of fi ce.—(1 ) Th e G overn or s h all n ot b e a
memb er of ei t h er Hou s e o f Parl i amen t or of a H ou s e o f t h e Le gi s lat u re of
an y St at e s p eci fi ed i n t h e Fi rs t Sch ed u le, an d i f a memb er of ei t h er Hou s e
55
56 THE CONSTITUTION OF INDIA
(3) The Governor shall make rules for the more convenient transaction of the business of
the Government of the State, and for the allocation among Ministers of the said business in so
far as it is not business with respect to which the Governor is by or under this Constitution
required to act in his discretion.
* * * * *
167. Duties of Chief Minister as respects the furnishing of information to Governor,
etc.—It shall be the duty of the Chief Minister of each State—
(a) to communicate to the Governor of the State all decisions of the Council of
Ministers relating to the administration of the affairs of the State and proposals for
legislation;
(b) to furnish such information relating to the administration of the affairs of the State
and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which has not
been considered by the Council.
CHAPTER III.—THE STATE LEGISLATURE
General
168. Constitution of Legislatures in States.—(1) For every State there shall be a
Legislature which shall consist of the Governor, and—
(a) in the States of Bihar, 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 th e t ot al memb ers hi p of t h e As s emb ly an d b y a maj ori t y
o f n ot les s t h an t wo-t h i rd s of t h e memb ers of t h e As s emb ly p res en t an d
vot i n g.
(2 ) An y law re ferred t o i n claus e (1 ) sh all con t ai n s u ch p rovi si on s for
t h e amen dmen t of t h i s Con st i tut i on as may b e n eces s ary t o gi ve effect t o
t h e p rovi s i ons of t h e law an d may a ls o c on t ai n su ch su pp lemen t al,
i n cid ent al an d cons equ ent i al p rovi s i on s as Parli ament may d eem n eces s ary.
(3 ) No s u ch law as afores ai d s h all b e d eemed t o b e an amend ment of t h is
Con s t it ut i on for t h e pu rp os es of art i cle 3 68 .
1 7 0. Com pos i ti on of the Leg is l a ti ve As s em bl i es .—(1 ) Sub j ect t o th e
p rovi s i on s of art i cle 3 33 , t h e Le gi s lat i ve As s emb ly o f each St at e s h all
60 THE CONSTITUTION OF INDIA
the Chairman, or while any resolution for the removal of the Deputy Chairman from his office
is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the
provisions of clause (2) of article 184 shall apply in relation to every such sitting as they
apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy
Chairman is absent.
(2 ) Th e Ch ai rman s h all h ave t h e ri gh t t o sp eak i n, and ot h erwise t o t ake
p art i n t h e p roceedi n gs of, t h e Legi s lat i ve Cou n ci l wh i le an y res olu t i on for
h i s removal from o ffi ce i s u nder con s i d erati on in t h e Coun ci l an d sh all,
n ot wi t hs t an d in g an yt h in g in article 1 8 9 , b e ent it led t o vot e on ly i n t h e fi rs t
i n st an ce on su ch res olu t i on or on an y ot h er matt er d u ri n g su ch proceed i n gs
b u t n ot in th e cas e of an eq u ali ty o f v ot es .
1 8 6. Sa la ri es a nd al l ow a nces of the Spea ker a nd Deputy Spea ker a nd
the Cha i rm a n a nd Deputy Chai rma n.—Th ere sh all b e p ai d t o t h e Sp eaker
an d th e Dep ut y Sp eaker o f t h e Le gi s lat i ve As s emb l y, an d t o t he Ch ai rman
an d th e Dep ut y Ch ai rman of t h e Legi s lat i ve Cou n ci l, s u ch salari es an d
all owan ces as may b e resp ect i vel y fi x ed b y t h e Legi s lat u re of t he St at e b y
law an d , u nt i l p rovi s i on in that b eh alf i s s o mad e, s u ch s alari es an d
all owan ces as are s peci fi ed in the Secon d Sch ed u le.
1 8 7. Secreta ria t of Sta te Leg is la ture.—(1 ) Th e Hou s e or each Hou s e o f
t h e Legi s lat u re of a St at e s h all h ave a s ep arat e s ecret ari al st aff:
Provi d ed t h at n oth i n g in th is clau s e sh all, i n th e cas e of t h e Le gi s lat u re
o f a St at e h avi n g a Legi s lat i ve Cou n ci l, b e cons t ru ed as p reven t in g th e
creat i on of p os t s common t o b oth Hou s es of s u ch Legi s lat u re.
(2 ) Th e Legi s lat u re o f a St at e may b y law re gu lat e t h e recru itmen t , an d
t h e con di t i ons of s ervi ce o f p er s on s app oi n ted , t o th e s ecret arial s t aff o f
t h e Hou s e or Hou s es of t h e Legi s lat u re of t h e St at e.
(3 ) Un ti l p rovi s i on i s mad e b y th e Legi s lat u re of t h e St at e un d er clau s e
(2 ), t h e G overn or may, a ft er con s u lt ati on wi t h t h e Sp eaker o f t h e
Le gi s lat i ve As s emb ly or t h e Chai rman of t h e Legi s lat i ve Cou nci l, as th e
cas e may b e, make ru les regu la t i n g t h e recrui t men t , an d th e con d it i ons of
s ervi ce of p ers on s ap p oin t ed , t o t h e s ecret ari al s t aff o f t h e As s emb ly o r t h e
Cou n ci l, and an y ru les s o mad e s h all h ave effect s u b j ect t o t h e p rovi s i on s
o f an y law mad e u n d er t h e s ai d clau s e.
Co nd u ct o f Bu s in ess
1 8 8. Oa th or a ffi rma ti on by m em bers .—Every memb er o f t h e
Le gi s lat i ve As s emb l y or t h e Le gi s lat i ve Cou n ci l of a St at e s hall, b e fore
t aki n g h is s eat , make an d su bs cri b e b efore t h e G overn or, or s ome p ers on
ap p oi nt ed in th at b eh alf b y h im, an oat h or affi rmat i on accord i n g t o t h e
form s et ou t for t h e pu rp os e in th e Th i rd Sch ed u le.
1 8 9. Voti ng i n Hous es , pow er of Hous es to a ct notw i thsta ndi ng
va ca nci es a nd quorum .—(1 ) Save as ot h erwi s e p rovi d ed in th i s
Con s t it ut i on , all q u es ti on s at any s i t t in g of a H ou s e of t h e Le gi s lat u re of a
66 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;
t h e Legi s lat i ve As s emb ly may, s u b j ect t o th e ru les regu lat i n g i t s
p roced u re, pas s t h e Bi ll agai n i n th e s ame or in an y s u bs equen t s es si on
wi t h or wi t h ou t s u ch amend ments , i f an y, as h ave b een mad e, s ugges t ed or
agreed t o b y t h e Le gi s lat i ve Cou n ci l an d th en t rans mi t t h e Bi ll a s s o p as s ed
t o t h e Legi s lat i ve Cou n ci l.
(2 ) If a ft er a Bi l l h as b een s o p as s ed for t h e s econ d t i me b y t h e
Le gi s lat i ve As s emb ly an d t ran smi t t ed t o th e Legi s lat i ve Cou n cil—
(a ) th e Bi ll i s rej ect ed b y t h e Cou n ci l; or
(b ) more t h an on e mon t h elap ses fr om t h e d at e on wh i ch t h e Bi ll
i s lai d b efore t h e Cou n ci l wi th ou t th e Bi ll b ein g p ass ed b y i t ; or
(c) t h e Bi ll i s p ass ed b y t h e Cou n ci l wi t h amend ment s t o which
t h e Legi s lat i ve As s emb ly d oes n ot agree;
t h e Bi ll s h all b e d eemed t o h ave b een p ass ed b y t h e Hou s es of t h e
Le gi s lat u re of t h e St at e i n t he form i n wh i ch i t was p as sed b y t he
Le gi s lat i ve As s emb l y for t h e s econ d t i me wi th s u ch amend men ts , i f an y, as
h ave b een mad e or su gges t ed by t h e Le gi s lat i ve Cou n ci l an d agreed t o b y
t h e Legi s lat i ve As s emb ly.
(3 ) Not h i n g in th is arti cle s h all ap p ly t o a Mon e y Bi l l.
1 98 . Specia l procedure i n respect of M oney Bi l ls .—(1 ) A Mon e y Bi l l
s h all n ot b e in t rodu ced i n a Legi s lat i ve Cou n ci l.
(2 ) Aft er a Mon e y Bi l l h as b een p ass ed b y t h e Le gi s lat i ve As s emb ly o f
a St at e h avi n g a Le gi s lat i ve Cou n ci l, i t s h all b e t ran s mit t ed t o t h e
Le gi s lat i ve Cou n ci l for i t s recommen d at i on s, and t h e Legi s lat i ve Cou n ci l
s h all wi t h in a p eri od of fou rt een d ays from t h e d at e of i t s recei p t of t h e
Bi ll ret u rn t h e Bi ll t o t h e Le gi s lat i ve As s emb l y wi t h i t s recommen d at i on s ,
an d th e Le gi s lat i ve As s emb l y m ay t h ereu p on ei th er accept or re j ect all or
an y o f t h e recommen d at i ons of t h e Legi s lat i ve Cou n ci l.
70 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 s o ret u rn ed , t he Hou s e or H ou s es
s h all recon s i d er t h e Bi ll accord i n gl y, an d i f t h e Bi ll i s p as s ed agai n b y t h e
Hou s e or Hou s es wi t h or wi t h out amen d men t and p res ent ed t o t he G overn or
for as s en t , t h e G overn or s h all n ot wi t hh old as s en t t h erefrom:
Provi d ed fu rt h er t h at th e G overn or s h all n ot ass ent t o, b u t sh all res erve
for t h e con si d erat i on of t h e Presi d ent , an y Bi ll wh i ch i n th e op in i on of t h e
G overn or wou ld , i f i t b ecame law, s o d erogat e from t h e p owers o f t h e Hi gh
Cou rt as t o en d an ger t h e p osi t ion wh i ch t h at Cou rt i s b y t h i s Con s t it ut i on
d es i gn ed t o fi ll.
2 0 1. Bi l ls res erved f or cons i dera ti on.—Wh en a Bi ll i s res erved b y a
G overn or for t h e con si d erat i on o f t h e Presi d en t , th e Presi d en t sh all d eclare
ei t h er t h at h e as s en ts t o th e Bi ll or t h at h e wi t hh old s ass ent th erefr om:
Provi d ed t h at , wh ere th e Bi ll i s n ot a Mon ey Bi ll, t h e Pres i den t may
d i rect t h e G overn or t o ret u rn the Bi ll t o t h e Hou s e or, as th e cas e may b e,
t h e Hou s es of t h e Legi s lat u re o f t h e St at e t oget h er wi t h s u ch a mes s age as
i s men ti on ed in t h e fi rs t p rovi s o t o art i cle 2 0 0 an d , wh en a Bi ll i s s o
ret u rn ed , th e Hou s e or Hou s es s h all recon s i d er i t accord in gly wi t h i n a
p eri od of s i x mon t hs from t h e d at e of recei p t o f s u ch mes s age an d , i f i t is
agai n p ass ed b y t h e Hou s e or H ou s es wi th or wi t h ou t amend men t , it s h all
b e p res en t ed agai n t o t h e Pres iden t for h i s con si d erat i on .
Pr o ced ur e in Fin an ci al Ma tt ers
2 0 2. Annua l f i na ncia l s ta tem ent.—(1 ) Th e G overn or s h all i n res p ect of
ever y fi n an ci al year cau s e t o b e lai d b efore t h e Hou s e or H o u s es of t h e
Le gi s lat u re o f t h e St at e a s t at ement of t h e es t i mat ed recei p ts an d
ex p en d it u re of t h e St at e for t h at year, i n th is Part referred t o as th e
“an n u al fi n an ci al s t at emen t ".
(2 ) Th e es t imat es of ex p end i tu re emb od i ed in t h e an nu al fi n an ci al
s t at emen t s h all s h ow s ep arat el y—
(a ) t h e su ms req u i red t o meet ex p en di t u re d es crib ed b y t h i s
Con s t it ut i on as exp end i tu re ch arged u p on t h e Cons oli d at ed Fu nd of t h e
St at e; an d
(b ) t h e s u ms req ui red t o meet ot h er ex p en di tu re p rop os ed t o b e
mad e from t h e Con s oli d at ed Fu nd of t h e St at e;
72 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.
74 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.
78 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:
79 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.
80 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 ) n oth in g i n th is Cons t it ut i on s h all b e con s t ru ed as emp oweri n g
t h e Legi s lat u re of t h e St at e t o i n creas e, rest ri ct or ab oli s h th at
j u ris di ct i on ; and
(b ) th e referen ce in arti cle 22 7 t o t h e G overn or s h all, in relat i on t o
an y ru les , forms or t ab les for s u b ordi n at e cou rts in th at t errit or y, b e
con s t ru ed as a referen ce t o t h e Pres i d en 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.
82 THE CONSTITUTION OF INDIA
court, chief presidency magistrate, additional chief presidency magistrate, sessions judge,
additional sessions judge and assistant sessions Judge;
(b) the expression “judicial service” means a service consisting exclusively of
persons intended to fill the post of district judge and other civil judicial posts inferior to
the post of district judge.
237. Application of the provisions of this Chapter to certain class or classes of
magistrates.—The Governor may by public notification direct that the foregoing provisions
of this Chapter and any rules made thereunder shall with effect from such date as may be
fixed by him in that behalf apply in relation to any class or classes of magistrates in the State
as they apply in relation to persons appointed to the judicial service of the State subject to
such exceptions and modifications as may be specified in the notification.
84 THE CONSTITUTION OF INDIA
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85 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
85
86 THE CONSTITUTION OF INDIA
any of the matters enumerated in the State List or in the Concurrent List in so far as any such
matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of
the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries
1, 2 and 18.
(b) Nothing in sub-clause (a) shall derogate from the powers of 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,
87 THE CONSTITUTION OF INDIA
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.
239AB. Provision in case of failure of constitutional machinery.—If the President, on
receipt of a report from the Lieutenant Governor or otherwise, is satisfied—
(a) that a situation has arisen in which the administration of the National Capital
Territory cannot be carried on in accordance with the provisions of article 239AA or of
any law made in pursuance of that article; or
(b) that for the proper administration of the National Capital Territory it is necessary
or expedient so to do,
the President may by order suspend the operation of any provision of article 239AA or of all
or any of the provisions of any law made in pursuance of that article for such period and
subject to such conditions as may be specified in such law and make such incidental and
consequential provisions as may appear to him to be necessary or expedient for administering
the National Capital Territory in accordance with the provisions of article 239 and article
239AA.
239B. Power of administrator to promulgate Ordinances during recess of
Legislature.—(1) If at any time, except when the Legislature of the Union territory of
Pondicherry is in session, the administrator thereof is satisfied that circumstances exist which
render it necessary for him to take immediate action, he may promulgate such Ordinances as
the circumstances appear to him to require:
Provided that no such Ordinance shall be promulgated by the administrator except after
obtaining instructions from the President in that behalf:
Provided further that whenever the said Legislature is dissolved, or its functioning
remains suspended on account of any action taken under any such law as is referred to in
clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the
period of such dissolution or suspension.
(2) An Ordinance promulgated under this article in pursuance of instructions from the
President shall be deemed to be an Act of the Legislature of the Union territory which has
been duly enacted after complying with the provisions in that behalf contained in any such
law as is referred to in clause (1) of article 239A, but every such Ordinance—
(a) shall be laid before the Legislature of the Union territory and shall cease to
operate at the expiration of six weeks from the reassembly of the Legislature or if, before
the expiration of that period, a resolution disapproving it is passed by the Legislature,
upon the passing of the resolution; and
(b) may be withdrawn at any time by the administrator after obtaining instructions
from the President in that behalf.
(3) If and so far as an Ordinance under this article makes any provision which would not
be valid if enacted in an Act of the Legislature of the Union territory made after complying
with the provisions in that behalf contained in any such law as is referred to in clause (1) of
article 239A, it shall be void.
* * * * *
88 THE CONSTITUTION OF INDIA
240. Power of President to make regulations for certain Union territories.— (1) The
President may make regulations for the peace, progress and good government of the Union
territory of—
(a ) t h e An d aman and Ni cob ar Is lan d s ;
(b ) Laks h ad weep ;
(c) Dad ra an d Nagar Haveli ;
(d ) Daman and Di u ;
(e) Pon d i ch erry:
Provided that when any body is created under article 239A to function as a Legislature for
the Union territory of Pondicherry, the President shall not make any regulation for the peace,
progress and good government of that Union territory with effect from the date appointed for
the first meeting of the Legislature:
Provided further that whenever the body functioning as a Legislature for the Union territory of Pondicherry is dissolved,
or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as
is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make
regulations for the peace, progress and good government of that Union territory.
(2) Any regulation so made may repeal or amend any Act made by Parliament or any other
law which is for the time being applicable to the Union territory and, when promulgated by
the President, shall have the same force and effect as an Act of Parliament which applies to
that territory.
241. High Courts for Union territories—(1) Parliament may by law constitute a High
Court for a Union territory or declare any court in any such territory to be a High Court for all
or any of the purposes of this Constitution.
(2) The provisions of Chapter V of Part VI shall apply in relation to every High Court
referred to in clause (1) as they apply in relation to a High Court referred to in article 214
subject to such modifications or exceptions as Parliament may by law provide.
(3) Subject to the provisions of this Constitution and to the provisions of any law of the
appropriate Legislature made by virtue of powers conferred on that Legislature by or under
this Constitution, every High Court exercising jurisdiction immediately before the
commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union
territory shall continue to exercise such jurisdiction in relation to that territory after such
commencement.
(4) Nothing in this article derogates from the power of Parliament to extend or exclude the
jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.
242. [Coorg.] Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.